10/14/2013
WORK SESSION AGENDA
Council Chambers - City Hall
10/14/2013 - 1:00 PM
1. Presentations
1.1Service Awards
Attachments
1.2Police Officer Oaths
Attachments
1.3Performance Measurement Presentation - Erin McCarthy, Intern to City Manager; Jill Silverboard,
Assistant City Manager; Robin Gomez, City Auditor; Dan Mayer, I.T. Director
Attachments
2. Economic Development and Housing
2.1Recertify Largo Area Housing Development Organization, Inc. and certify Homes for Independence, Inc.
as City of Clearwater Community Housing Development Organizations and authorize the appropriate
officials to execute same. (consent)
Attachments
2.2Approve a Community Housing Development Organization Agreement with Pinellas County Habitat for
Humanity Community Housing Development Organization, Inc. to acquire and develop affordable
housing units in the amount of $120,351; recertify the agency as a City of Clearwater Community
Housing Development Organization, and authorize the appropriate officials to execute same. (consent)
Attachments
2.3Approve a grant of $75,000 in General Fund Reserves to be set aside as a commitment as the local
government contribution that is required for applicants to participate in the State of Florida’s Low Income
Housing Tax Credit Program (LIHTC) to Garden Trail Apartments 2013 LLC (Garden Trail), a proposed
76-unit new affordable family rental housing development to be developed by Southport Development,
Inc.; and authorize the appropriate officials to execute same. (consent)
Attachments
3. Fire Department
3.1Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI, in the amount of
$503,752.00, for the purchase of 1 new Pierce Heavy Duty Velocity Pumper in accordance with Sec.
2.564 (1)(d), Code of Ordinances, – Other governmental bid, and authorize the appropriate officials to
execute same. (consent)
Attachments
4. Human Resources
4.1Provide the annual update to City Council of the performance of the Employee Health Center. (WSO)
Attachments
4.2 Authorize the funding of City medical insurance and authorize the City to negotiate and finalize a contract
between the City and Cigna Healthcare for administrative services under a partial self-insured funding
arrangement for the period of January 1, 2014 to December 31, 2014 at a total cost not to exceed $15.8
million, to be funded through city budgeted funds, payroll deduction of employee premiums, and reserves
from the City’s Central Insurance Fund. (consent)
Attachments
5. Parks and Recreation
5.1Approve a request from the North American Vehicle Rescue Association (NAVRA) to add a new City
Co-Sponsored event entitled World Rescue Challenge (WRC) to be held from October 28, 2013 through
November 3, 2013 at Coachman Park and the Harborview Center parking lot; waive fees, at an estimated
cost of $33,328.04 ($8,155 of existing budgeted in-kind contributions and $25,173.04 of unbudgeted in-
kind contributions); and transfer $25,173.04 from retained earnings at first quarter to the appropriate
departments outlined in this agenda item. (consent)
Attachments
5.2Approve a one-year Agreement with Coordinated Child Care and the City of Clearwater, commencing
October 1, 2013 through September 30, 2014, for funding of youth programs, at a rate of $17.16 per child,
per day and authorize the appropriate officials to execute same. (consent)
Attachments
5.3Parks and Recreation Master Plan Interim Report (WSO)
Attachments
5.4Amend the Community Development Code, Division 24, Public Art and Design Program – Sections 3-
2401: Public Art and Design Program; 3-2405: Public Art and Design Allocations for Private
Construction Projects and Developments; and 3-2406: Ownership and Maintenance, and pass Ordinance
8481-13 on first reading.
Attachments
5.5Approve a one-year renewal of Blanket Purchase Order BR 506827 with Grosz Construction Co., Inc. of
Tampa, FL, in the amount of $200,000 for the purchase of labor, materials and equipment to perform
various concrete projects including sidewalks, slabs, and curbs for a variety of parks and recreation
maintenance and construction projects. (consent)
Attachments
5.6Approve Agreement between the School Board of Pinellas County and the City of Clearwater through
August 23, 2014 for the City to utilize Pinellas County School buses at a cost of $1.25 per mile plus
$26.50 per hour, for a total estimated cost of $50,000 and authorize the appropriate officials to execute
same. (consent)
Attachments
6. Engineering
6.1Accept the proposal from Construction Manager at Risk Keystone Excavators, Inc., of Oldsmar, Florida
for the construction of approximately 1570 feet of gabions in Stevenson’s Creek for the guaranteed
maximum price of $1,491,820.00, and authorize the appropriate officials to execute same. (consent)
Attachments
6.2Approve a purchase order (contract) to Pinellas County Solid Waste in the amount of $250,000.00 for the
disposal of solid waste at the Pinellas County waste to energy plant/landfill for the period November 1,
2013 through October 31, 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)
Attachments
7. Planning
7.1Approve the Future Land Use Map Amendment from Residential Urban (RU), Preservation (P) and
Water/Drainage Feature (Water) (Pinellas County) to Residential Medium (RM), Preservation (P) and
Water/Drainage Feature (Water), for property located at 2200 and 2251 Montclair Road (consisting of a
portion of the Southwest ¼ of the Northwest ¼ of Section 6, Township 29 South, Range 16 East) together
with the abutting rights-of-way, less North Belcher Road, and right-of-way to the west of the Montclair
Road right-of-way; and pass Ordinance 8410-13 on second reading.(LUP2013-04002)
Attachments
7.2Approve the Zoning Atlas Amendment from RPD-7.5, Residential Planned Development (7.5 UPA Max
Density) category (Pinellas County) to Medium High Density Residential (MHDR) and Preservation (P)
(City of Clearwater) for property located at 2200 and 2251 Montclair Road (consisting of a portion of the
Southwest ¼ of the Northwest ¼ of Section 6, Township 29 South, Range 16 East) together with the
abutting rights-of-way, less North Belcher Road, and right-of-way to the west of the Montclair Road
right-of-way; and pass Ordinance 8411-13 on second reading.(REZ2013-04002)
Attachments
7.3Approve a Development Agreement between Enchantment, LLC and the City of Clearwater, providing
for the allocation of 92 overnight accommodation units from the Hotel Density Reserve under Beach by
Design; adopt Resolution 13-27, and authorize the appropriate officials to execute same. (HDA2013-
08001)
Attachments
7.4Provide direction on the proposed Development Agreement between Mainstream Partners VIII, LTD (the
property owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel
Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers
before City Council on November 7, 2013 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-
08004)
Attachments
7.5Provide direction on the proposed Development Agreement between Ted and Maria Lenart, Trustees of
Lenart Family Trust UTD December 20, 1991 (the property owner) and the City of Clearwater, providing
for the allocation of up to 69 units from the Hotel Density Reserve under Beach by Design or a maximum
density of 150 units per acre, whichever is less and confirm a second public hearing in City Council
Chambers before City Council on November 7, 2013 at 6:00 p.m., or as soon thereafter as may be heard.
(HDA2013-08007)
Attachments
8. Official Records and Legislative Services
8.1Approve the 2014 Council Meeting Schedule. (consent)
Attachments
9. Legal
9.1Adopt Ordinance 8469-13 on second reading, annexing certain real property 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.
Attachments
9.2Adopt Ordinance 8470-13 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 2021 North Betty Lane, upon annexation into the City of Clearwater, as Residential Urban
(RU).
Attachments
9.3Adopt Ordinance 8471-13 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 2021 North Betty Lane, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
Attachments
9.4Adopt Ordinance 8478-13 on second reading, amending the Community Development Code to require
new members of the Community Development Board, the Municipal Code Enforcement Board and the
Building/Flood Board of Adjustment and Appeals to be registered voters.
Attachments
9.5Adopt Ordinance 8480-13 on second reading, 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.
Attachments
10. City Manager Verbal Reports
10.1City Manager Verbal Reports
Attachments
11. Council Discussion Items
11.1City Attorney Evaluation
Attachments
11.2City Manager Evaluation
Attachments
11.3Connection from Ream Wilson Clearwater Trail to Courtney Campbell Trail - Councilmember Hock-
DiPolito
Attachments
12. Closing Comments by Mayor
13. Adjourn
14. Presentation(s) for Council Meeting
14.1Service Awards
Attachments
14.22013 City United Way Proclamation - City Campaign Coordinator, Marty Moran
Attachments
14.3National Arts and Humanities Month Proclamation - Roberta Klar, President, Clearwater Arts Alliance
Attachments
14.4Friends of Libraries Week Proclamation - Rosalie Murray, President of Friends of the Library
Attachments
14.5Dolphin Tale 2 Presentation
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Karen Wiseman Parks and Recreation
Robert Morig Jr. Gas
Vincente Anglero Solid Waste
Peter Ellmore Marine and Aviation
Timothy Charles Public Utilities
David Deas Customer Service
10 Years of Service
Rick Wiersch Parks and Recreation
Vincent Jones Solid Waste
Jeffrey Mahar Parks and Recreation
15 Years of Service
William Morris Marine and Aviation
Linda Leaghty Library
Gerald Theisen Parks and Recreation
Jeffrey Adkisson Police
Albert Granville Police
Karl Wassmer Police
30 Years of Service
Rebecca Wogoman Library
Review Approval:1) Human Resources
Cover Memo
Item # 1
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Police Officer Oaths
SUMMARY:
Stephen Paul Baris
James Donell Campbell
Kelly Erin Hogan
Matthew David Richmond
Review Approval:
Cover Memo
Item # 2
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Performance Measurement Presentation - Erin McCarthy, Intern to City Manager; Jill Silverboard, Assistant City Manager; Robin
Gomez, City Auditor; Dan Mayer, I.T. Director
SUMMARY:
Review Approval:
Cover Memo
Item # 3
Performance
Measurement
Dashboard Proposal
October 14, 2013
Attachment number 1 \nPage 1 of 21
Item # 3
Strategic Direction DocumentAttachment number 1 \nPage 2 of 21
Item # 3
Performance Measurement
Current Reporting
•Strategic Vision Document
•Budget
•CAFR
•Utility Rate Studies
•Efficiency Studies
•Com Stats & GIS Apps
•FL Benchmarking Consortium
Attachment number 1 \nPage 3 of 21
Item # 3
Potential Paths
1.External System
2.Develop Internal System
Attachment number 1 \nPage 4 of 21
Item # 3
Option 1: External System
•FBC & Covalent
–Previously used
external systems
•ICMA Center for
Performance
Measurement
Attachment number 1 \nPage 5 of 21
Item # 3
•Pros:
–Standardized
–Ease of Implementation
•Cons:
–Labor Intensive Maintenance
–Generic
–Loss of Interest by Department Heads
–Non-beneficial Information to
Operations
Attachment number 1 \nPage 6 of 21
Item # 3
Option 2: Develop Internal System
•Performance Measurement System
Recommendation
–Aligns with Strategic Vision
–Includes Meaningful Data to Each
Department
–All within Existing Resources
–Optimizes Use of Existing Systems
Attachment number 1 \nPage 7 of 21
Item # 3
•Pros:
–Useful for Department Heads
–Operation Specific
–Manageable Number of Measures
–Direct Relation to our Guidance
Document
–Highly Flexible to Maintain Relevancy
•Cons:
–May Not Be Directly Comparable to
Other Communities
–System Not Finalized
Attachment number 1 \nPage 8 of 21
Item # 3
For Example:
•Other Cities that Have Internal
Performance Measurement Systems
Include:
–Williamsburg, Virginia
–Louisville, Kentucky
–Austin, Texas
Attachment number 1 \nPage 9 of 21
Item # 3
Williamsburg, Virginia
Attachment number 1 \nPage 10 of 21
Item # 3
Louisville, Kentucky
Attachment number 1 \nPage 11 of 21
Item # 3
Austin, Texas
Attachment number 1 \nPage 12 of 21
Item # 3
Goals and Objectives of
Current Path
•Finalize Current Dashboard
•Incorporate Information into Budget
•Report to Citizens and Business
Community
Attachment number 1 \nPage 13 of 21
Item # 3
Goal 1: Finalize Dashboard
Performance Measurement
•Departmental Dashboards
–Including Information Specific to
Each Department Based on the
Data and Systems Used in Each
Department
Attachment number 1 \nPage 14 of 21
Item # 3
Application will Standardize
Presentation Formats
Attachment number 1 \nPage 15 of 21
Item # 3
Incorporate Employee Input:
IT Steering Committee
•Responsible for Review of Dashboard
Features and Measures Reported to
the Public
•Engages Mid-level Managers across
Diverse Operations within the
Organization
Attachment number 1 \nPage 16 of 21
Item # 3
Incorporate Public Input
•Public Opinion Survey to Determine
Relevance to Customers’ Interests
and Service Expectations
Attachment number 1 \nPage 17 of 21
Item # 3
Goal 2: Publish Information
to the Budget
•New Mission and Vision Statement
•Updates Budget Performance
Measurement
Attachment number 1 \nPage 18 of 21
Item # 3
Goal 3: Report to Citizens and
Business Community
•Improve Transparency and
Public Awareness
•Update Website Regularly to
Reflect Measurement Trends
•Ongoing Public Dialogue to
Provide a Means of Comparison
to Service Expectations and
Council Priorities
Attachment number 1 \nPage 19 of 21
Item # 3
Time Frame
•Completion of All Three
Outcomes by October 2014
–12 month Timeline
Goal 1:
Finalize
Dashboards
Goal 2:
Publish
to
Budget
Goal 3:
Report to
Citizens and
Businesses
Attachment number 1 \nPage 20 of 21
Item # 3
Performance
Measurement
Dashboard Proposal
October 14, 2013
Attachment number 1 \nPage 21 of 21
Item # 3
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Recertify Largo Area Housing Development Organization, Inc. and certify Homes for Independence, Inc. as City of Clearwater
Community Housing Development Organizations and authorize the appropriate officials to execute same. (consent)
SUMMARY:
A Community Housing Development Organization is a private, non-profit, community-based service
organization whose primary purpose is to provide and develop decent, affordable housing for the community
it serves. To assist in achieving these purposes, the City of Clearwater, under the HOME Investment
Partnership (HOME) Program must reserve not less than 15% of their HOME allocations for investment in
housing to be developed, sponsored, or owned by Community Housing Development Organizations
(CHDOs).
Homes for Independence, Inc. is a Florida not-for-profit corporation, acting as incorporator of a corporation
pursuant to Chapter 617, Florida Statutes established with the purpose to serve as a Community
Development Housing Organization and as such to develop integrated affordable housing for low and
moderate income people with the guidelines of the HOME Program. Homes for Independence, Inc. (HFI) is
the housing branch of Abilities Inc. of Florida.
HFI and Abilities own and operate 28 subsidized rental units in the City. Properties purchased with any
money by the City will remain affordable for a minimum of 30 years and will assist in stabilizing
neighborhoods and provide a continuing source of quality affordable rentals. HFI will set aside 100% of the
units for use by households at or below 80% of the area median income.
Largo Area Housing Development Corporation (LAHDC) is a Florida not-for-profit corporation established as
a 501c 4 organization as determined by the Internal Revenue Service. The primary purpose of the
Corporation is to further the economic development of the community with emphasis on promoting, assisting
and developing affordable housing, principally for low and moderate income households. The Corporation
may acquire, develop and sell property in order to promote and assist in the production of affordable
housing.
LAHDC has built several homes in the City over the previous years.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
Item # 4
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Approve a Community Housing Development Organization Agreement with Pinellas County Habitat for Humanity Community
Housing Development Organization, Inc. to acquire and develop affordable housing units in the amount of $120,351; recertify the
agency as a City of Clearwater Community Housing Development Organization, and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
A Community Housing Development Organization is a private, non-profit, community-based service
organization whose primary purpose is to provide and develop decent, affordable housing for the community
it serves. To assist in achieving these purposes, the City of Clearwater, under the HOME Investment
Partnership (HOME) Program must reserve not less than 15% of their HOME allocations for investment in
housing to be developed, sponsored, or owned by Community Housing Development Organizations
(CHDOs).
Pinellas County Habitat for Humanity Community Housing Development Organization, Inc. (Habitat CHDO)
is a Florida not-for-profit organization established to provide decent housing that is affordable to low to
moderate-income families and to further the affordable housing mission of Habitat for Humanity of Pinellas
County, Inc.
On September 11, 2011, Habitat CHDO applied for a designation as one of the City’s eligible CHDOs and
for funding to develop affordable housing. The City approved their application for designation as a CHDO
and recertified them as a CHDO. Once designated as a CHDO, the agency must annually request a
recertification. The agency has now submitted another application for recertification.
In addition to the recertification request, the agency has requested funding to build a new single-family
home on property where the existing substandard structure was demolished. Staff is recommending a loan
to the CHDO in the amount of $120,351. The City will make funding from the Fiscal Year 2011-2012 HOME
Program CHDO allocation in the amount of $75,049 and the Fiscal Year 2012-13 allocation in the amount of
$45,302 for a total allotment of $120,351.
The proposed redevelopment project is located at 1431 Park Street. The site is located in the East Gateway
District Neighborhood Revitalization Strategy Area and will serve to increase homeownership opportunities
as per the CRA’s goals.
Type:Other
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:120,351
For Fiscal Year: to
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
Item # 5
1
CITY OF CLEARWATER, FLORIDA
AND
HABITAT FOR HUMANITY OF PINELLAS COUNTY
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION, INC.
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT
THIS AGREEMENT (“Agreement”), made and entered into this __th day of ______, 20__, by
and between the City of Clearwater, Florida, a municipal corporation existing by and under the laws of
the State of Florida, herein after referred to as the “City”, and Agency, a not-for-profit organization
organized under the laws of the State of Florida, herein after referred to as the “Provider”;
WHEREAS, the City is the recipient of a HOME Investment Partnership Program (HOME) Grant
from the U.S. Department of Housing and Urban Development (HUD) pursuant to Title II of the Cranston-
Gonzalez National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. (HOME
Program), codified and implemented by 24 CFR Part 92; and
WHEREAS, under the provisions of the Act, the City is required to set-aside at least 15% of its
HOME Investment Partnership Program entitlement allocation to organizations that meet the requirement
for Community Housing Development Organizations (CHDOs), as specified by the HOME Program, for
the CHDO to own, develop or sponsor housing for families at or below 80% of the area median income;
and
WHEREAS, the Provider has met the requirements established by the federal government and has
been certified as a CHDO by the City, pursuant to the National Affordable Housing Act of 1990, as
amended; and
WHEREAS, the City and the Provider desire to sign an agreement which sets forth terms and
conditions for the use and acceptance of the FY 2011-2012 and FY 2012-2013 HOME Program CHDO Set
Aside funds; and
NOW THEREFORE, in consideration of the promises and covenants contained herein, the
parties hereto agree as follows:
PART I – SPECIFIC TERMS AND CONDITIONS
A. Source and Use of Funds
1. Sources of Funds: The sole source of funding from the City for payment of services performed
under this Agreement is the HOME Investment Partnership Program entitlement provided to the
City by HUD. The Provider agrees that in the event that the HOME Investment Partnership
Program entitlement is reduced or withheld by HUD, the City shall not be liable for payment of
contracted services from any City fund other than the HOME Investment Partnership Program
entitlement, in which case the Provider further agrees that the maximum sum payable under this
Agreement may be reduced by the City. In the event HUD determines that the City or the Provider
have not fulfilled their obligation under the HOME Investment Partnership entitlement
requirements, or the City determines that Provider has not fulfilled its obligation under the HOME
Investment Partnership Program requirements, HUD or the City may demand reimbursement of
expenses paid under this Agreement. The Provider shall provide said reimbursement from non-
federal sources within ten days of said notice from the City.
Attachment number 1 \nPage 1 of 15
Item # 5
2
Funding in this agreement includes allocation in the amount of $75,049 from the FY 2011-12
HOME Program CHDO set-asides and $45,302 from the FY 2012-13 set-asides for a total
allotment of $120,351.
The Provider further acknowledges that this Agreement is necessary to comply with the
requirements of 24 CFR Part 92 – HOME Investment Partnership Program and incorporated herein
by reference, which is the source of funds provided under this Agreement, and agrees that it will
comply with, and will require all subcontractors, subgrantees and assigns to comply with all terms
and conditions of said 24 CFR Part 92 and this Agreement, as amended. It shall be the Provider
responsibility to ensure that it has the latest version of all applicable laws and regulations in its
possession to ensure compliance with their provisions.
2. Use of Funds: In consideration of HOME Investment Partnership Program entitlement funding
allocated by the City, the Provider shall operate the programs and specific activities described in
the Proposal. The Provider shall utilize its HOME allocation as an owner-developer to provide
housing for families at or below 80% of the area median income in accordance with policies
established by HUD and therefore shall:
a. HOME funds provided to this project will be used for the activities identified in the
detailed project description as stated below: (information listed is only provided as a tool)
Number of units 1
Type of units (Rental/Owner) Owner
Income Limits 80% of Area median income
B. Program Requirements
The Provider shall comply with all requirements of 24 CFR Subpart F pertaining to affordable housing
including, but not limited to:
1. Minimum/Maximum per Unit Subsidy/Value: The minimum pre-unit subsidy amount for
HOME Investment Partnership Program entitlement funds invested shall not be less than One
Thousand dollar ($1,000). The maximum per-unit subsidy/value of units assisted with HOME
funds shall not be no more than the per-unit dollar limit established for mortgages under
Section 221 (d)(3)(ii) of the National Housing Act for the Tampa-Clearwater-St. Petersburg
metropolitan area.
2. Affordability: The City will enforce the Recapture provision defined in the Mortgage, Note
and Land Use Restrictive Covenant in order to address the continued affordability of housing
units acquired with HOME funds.
a. The Provider shall utilize the HOME Agreement, Mortgage, Note and Land Use
Restrictive Covenant to address key recapture provisions as affordability period,
principal residency and transfer of title of the property. All documents shall provide
the right to transfer to the City in the event the Provider ceases operating as a CHDO
under the HOME Program, merges with another entity, terminates, dissolves,
liquidates or its existence as an entity is otherwise forfeited.
3. Affordability Period: Rental units shall provide affordable housing to low- and moderate-
income households for the following minimum affordability periods.
Activity Average Per-Unit HOME $ Minimum Affordability Period
Attachment number 1 \nPage 2 of 15
Item # 5
3
Investment
Rehabilitation or Acquisition of
Existing Housing
<$15,000/unit
$15,000-40,000/unit
>$40,000/unit
5 years
10 years
15 years
Refinance of Rehabilitation
Project
Any dollar amount 15 years
New Construction or Acquisition
of New Housing
Any dollar amount 20 years
3. Income Restrictions: The Provider maintains that the homebuyer’s income, of the newly
constructed single-family home, shall not exceed 80 percent of the area median income.
The Provider shall be responsible for determining and verifying the income eligibility of the
HOME tenants. The Provider shall determine the income by using the Section 8 Program
definition of annual gross income and shall verify the income through third party verifications.
4. Duration of Restrictions: The provisions of 24 CFR Subpart F, as it may be amended, shall
survive termination of this contract for any reason.
5. Housing Quality Standards: The Provider maintains that all new and rehabilitated units shall
meet all applicable local codes, rehabilitation standards, and ordinances in accordance with 24
CFR Part 92.251; as well as the Model Energy Code published by the Council of American
Building Officials (newly constructed units), the Southern Building Code, the accessibility
requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 or the
Cost Effective Energy Conservation and Effectiveness Standards in 24 CFR Part 39
(substantially rehabilitated units, defined as having a rehabilitation cost of greater than or equal
to $25,000). The Provider shall maintain all work funded under this Agreement is performed by
properly licensed and qualified contractors in accordance with applicable state, county and city
laws and codes and that all rehabilitation work requiring a construction permit is obtained.
6. Housing Inspections: The Provider maintains that all units assisted with HOME funds are
decent, safe and sanitary and meet the general conditions listed in Section 5 of this agreement.
Further, the Provider agrees that it will make all records and property assisted with HOME
funds available for inspection within a reasonable period.
7. Site Sensitivity: The Provider maintains that it will not undertake any activity that may
adversely affect historic or environmentally sensitive sites; and to mitigate any findings
identified in the environmental checklist. The City shall be responsible for ensuring the
proposed projects meet the requirements listed in 24 CFR Part 58.
8. Property Management: The Provider shall be responsible for the maintenance and upkeep of all
such properties and maintain sufficient insurance to cover the cost of replacement.
9. Audit: The Provider maintains that it shall, at any time during normal business hours and as
often as the City and/or Comptroller General of the United States and/or any of their duly
authorized representatives may deem necessary, make available for examination all of the
Provider’s records, books, documents, papers, and data with respect to all matters covered by
this Agreement and shall permit the City and/or the Comptroller General to audit and examine
all books, documents, papers, records and data related to this Agreement.
D. CHDO Proceeds
Attachment number 1 \nPage 3 of 15
Item # 5
4
All CHDO proceeds resulting for the CHDO’s investment of its CHDO set-aside funds will be
returned to the City and categorized as program income. CHDO proceeds include, but are not
limited to, the permanent financing of a CHDO project which is used to pay off a CHDO financed
construction loan; the sale of CHDO development ownership housing; the principal and interest
payments from a loan to a buyer of CHDO developed homeownership housing. All returned
CHDO proceeds shall be reinvested and applied towards housing activities for low to moderate
income individuals and families including acquisition, construction and rehabilitation of HOME
eligible projects.
C. Method of Payment
1. Funding Allocation: Both parties agree that the total compensation to be paid hereunder for actual
expenses incurred shall be no more than ONE HUNDRED TWENTY THOUSAND THREE
HUNDRED FIFTY-ONE DOLLARS AND /100 ($120,351). The City hereby acknowledges
that the funds provided shall be derived from the 15% CHDO set-aside through FY 2011-2012 in
the amount of $75,049 and FY 2012-2013 in the amount of $45,302.
The Provider may not request disbursement of funds under the agreement until the funds are
needed for payment of eligible costs. The amount of each request must be limited to the amount
needed.
The funds will be expended in accordance with the terms and conditions of the agreement. Funds
reserved for the Provider may increase or decrease, subject to production standards. Any
remaining funds shall revert to the City or other City approved agency. Such compensation shall
be paid in accordance with the projected accomplishments and budget descriptions.
D. Return on Investment
1. CHDO Proceeds: Funds provided to this activity shall be considered program income and shall be
returned to the City once the property is sold.
2. Recaptured Funds: Funds recaptured, because housing no longer meets the affordability
requirements under 24 CFR Part 92.254, are subject to the requirements of Part 92, and must be
properly identified and deposited in the Provider’s HOME Account for use for additional HOME
eligible projects. Recaptured funds must be used prior to the drawing down of additional HOME
Investment Partnership entitlement funds from the City under this Agreement. The Provider is
required to submit an annual report by September 30th of every year that identifies the current unit
tenant, and affordability period for all previously HOME assisted projects detailed in Part I, Section
F.2 of this Agreement in order to determine continued compliance with affordability requirements.
E. Project Approval Process
The Provider shall submit a completed project proposal package to the City that includes all of the
required documents referenced in this document and demonstrates compliance with the HOME
Program regulations stated in the Final Rule, 24 CFR Part 92 prior to City approval of the project.
Upon complete submittal of the project proposal package, the City shall respond to project
proposals in writing within fifteen working days. Closings on proposed construction shall not be
scheduled prior to project approval by the City.
F. Program Evaluation and Monitoring
1. Program Goals: The annual performance under this Agreement shall be measured against the
program goals set forth in the Provider’s Application.
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2. Program Monitoring: The City has the right to monitor and evaluate all aspects of activities carried
out by the Provider. Such evaluations will be affected by the submission of reports and information
by the Provider and monitoring visits of the by the City. The City will conduct biannual
monitoring/site visits throughout the current contract year. Contractual requirements related to
inspections, reports, and records include, but are not limited to:
a. Program Records – The Provider shall maintain monthly bank statements in a seperate
HOME Account, records. Reports and other information as may be required by HUD in
24 CFR Part 92.508 or by the City pertaining to matters of this Agreement.
3. Project Files: The Provider shall maintain accurate individual project files with detailed records of
each property, including:
a. Acquisition, construction or renovation costs and operating costs attributed to a project,
identifying direct assistance funded through the HOME Investment Partnership fund,
CHDO Proceeds, project revenue or other sources;
b. A copy of the executed note and mortgage on the property;
c. Set-up/Completion reports on the property. Completion reports must be submitted to the
City within sixty (60) days of rehab/construction and lease-up completion;
d. The Provider’s annual report verifying ownership and household income for each
completed HOME Investment Partnership entitlement assisted unit throughout the
affordable term; and
e. Documentation substantiating compliance with Equal Opportunity, Fair Housing and
Affirmative Marketing, and other contractual requirements. The Provider shall maintain a
summary of this information and shall submit this information to the City upon request.
These records shall be made available to HUD and/or representatives of the Comptroller
General of the United States for audit, inspection or copying purposes during normal
business hours.
4. Activities Report: A monthly activity report shall be completed and submitted by the tenth working
day of each month summarizing HOME funded, and other low-income housing activities, during
the previous month and during the fiscal year-to-date. The report shall detail property acquisitions,
construction project status, sales of property, CHDO proceeds and a description of the fund activity
in the Provider’s HOME account. This report must include a monthly bank statement of the
HOME Account and copies of prior month checks written against this account.
5. Records Retention: The Provider shall retain all records pertaining to this Agreement, including,
but not limited to financial, statistical, property and programmatic records, for five years from the
last day of the City’s fiscal year, (September 30th), in which this Agreement expires, five years after
the affordability period or is terminated. All records, which are subject to audit findings, shall be
retained for five years in the manner prescribed above or until an ongoing audit is completed and all
issues raised by the audit are resolved, whichever is later. Nothing herein shall be construed to
allow destruction of records that may be required to be retained longer by federal, state or local law.
These records shall be made available to HUD and/or representatives of the Comptroller General of
the United States for audit, inspection or copying purposes during normal business hours.
6. Reversion of Assets: The Provider certifies that immediately upon the earliest of: 1) the event of
default under the terms and conditions of this Contract; 2) dissolution of the Provider; 3)
termination of any program described herein; or 4) the expiration or termination of this Agreement,
if said Agreement is not renewed or extended, any HOME Investment Partnership entitlement funds
remaining in the Provider’s HOME Account, repayments of all loans, proceeds from the sale of
property and title to property that has been purchased, newly constructed, and/or rehabilitated with
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HOME funds and not yet leased, accounts receivable, and/or proceeds or assets attributable to the
use of the HOME Investment Partnership entitlement funds, shall revert to the City. The Provider
further stipulates that in the event that non-expendable personal property purchased under this
Agreement is sold during the term of this Agreement, or for one year received by the Provider at
any time after contract expiration, any income from the sale shall be returned to the City within ten
days from the sale date. In the event that the balance of funds held in Habitat for the Provider’s
HOME Account, combined with the proceeds from the sale of the above HOME funded personal
property, is not sufficient to repay HOME Investment Partnership entitlement funds drawn by the
Provider’s on open HOME projects, the Provider must provide a written explanation to the City at
least 20 working days prior to the sale of any CHDO property.
G. Time of Performance
1. Annual CHDO Recertification: The CHDO Recertification documentation shall clearly
demonstrate that the CHDO continues to meet the definition of a CHDO, and shall be submitted to
the City by September 30, 2014, or the City may decline to recertify and decline to renew this
Agreement.
2. Commencement and Term: Services described in this Agreement shall commence on
October 1, 2013 and shall continue in effect through September 30, 2014. This Agreement may be
subject to renewal, through September 30, 2015 only if the Provider has been recertified according
to Part I, Section H, Paragraph 1, and has made significant progress toward the performance of the
goals stipulated in the Work Program.
3. The agreement must be in effect through the affordability period, if rental, or until completion of
the project and ownership by the low to moderate income family.
4. Reallocation of Funding: Upon consideration of renewal of this Agreement, the City shall evaluate
the performance of the Provider in comparison to the goals defined in the Work Program. In the
event there is no activity toward these goals, the City has the right to divide the funding stipulated
in this Agreement among other qualified CHDOs.
PART II – GENERAL TERMS AND CONDITIONS
1. Religious Organizations: As partial consideration of receipt of funds under this Agreement:
a. The Provider shall not discriminate against any employee or applicant for employment on
the basis of religion and will not limit employment or give preference in employment to
persons on the basis of religion;
b. The Provider shall not discriminate against any person seeking assistance from the Provider
CHDO on the basis of religion and will not limit services or give preference to persons on
the basis of religion;
c. The Provider shall provide no religious instruction or counseling, conduct no religious
workshops or services, engage in no religious proselytizing, and exert no other religious
influence on any client or employee of the Provider;
d. No property, from which services are provided under this Agreement, shall contain
religious symbols for decoration for the term of this Agreement and the term of any
mortgage and/or promissory notes issued pursuant to this Agreement; and
e. The Provider shall include subparagraphs a-d, above, in any subcontracts pursuant to this
Agreement.
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2. Other Program Requirements: The Provider shall comply with all the requirements of 24 CFR
Subpart H, included, but not limited to:
a. Equal Opportunity: In order to maintain statistical data on the use and participation of
minority and women owned business enterprises as contractor/subcontractors in HOME
Program contracting activities, the Provider shall be required to identify projects which have
been bid by, and contracted and/or sub-contracted to minority owned, women owned, and/or
small or disadvantaged businesses, by project dollar value. The Provider shall provide
certification of compliance with all federal requirements under equal opportunity legislation
including, but limited to:
i. The requirements of Fair Housing Act (42 U.S.C. 3601-20) and implementing
regulations at 24 CFR Part 100; Executive Order 11063, as amended, (Equal
Opportunity in Housing) and implementing regulations at 24 CFR Part 107; and title
VI of the Civil Rights Act of 1964 (U.S.C. 2000d) (Nondiscrimination in Federal
Assisted Programs) and implementing regulations issued at 24 CFR Part 1;
ii. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C.6101-07) and implementing regulations at 24
CFR Part 146, and the prohibitions against discrimination against handicapped
individuals under section 50 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part 8;
iii. The requirements of Executive Order 11246 (Equal Employment Opportunity) and
the implementing regulations issued at 41 CFR chapter 60.
iv. The Federal requirements set forth in 24 CFR part 5, subpart A, are applicable to
participants in the HOME program. The requirements of this subpart include:
nondiscrimination and equal opportunity; disclosure requirements; debarred,
suspended or ineligible contractors; and drug-free workplace.
b. Any contract exceeding $200,000 and any subcontract exceeding $100,000 shall comply with
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
The Contractor shall comply with HUD’s Regulations in 24 CFR Part 135, which implement
Section 3, and shall include the following clause, referred to as the Section 3 clause, in all
subcontracts resulting from the commitment of funds under this Agreement:
“The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated by
HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent
feasible, be directed to low and very low-income persons, particularly persons who are recipients of
HUD assistance for housing”.
c. The parties to this contract agree to comply with HUD’s regulations in 24 CFR Part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties of this
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the Part 135 regulations.
d. The contractor agrees to send to each labor organization or representative of workers with which
the contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers’ representative of the contractor’s commitments
under this Section 3 clause, and will post copies of the notice in a conspicuous place at the work
site where both employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth minimum number and
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job title subject to hire, availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s) taking applications for each of the
positions; and the anticipated date the work shall begin.
e. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135 and agrees to take appropriate action, as
provided in an applicable provision of the subcontractor or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulation in 24 CFR Part
135.
f. The contractor will certify that any vacant employment positions, including training positions
that are filled after the contractor is selected, but before the contract is signed, will certify that
employment opportunities to be directed were not filled to circumvent the contractor’s
obligations under 24 CFR Part 135.
g. Noncompliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from further HUD assisted
contractors.
h. The requirements of Executive Order 11625 concerning Minority Business Enterprise and
12138 concerning Woman’s Business Enterprise be consistent with HUD’s responsibilities
under these orders, each applying entity must make efforts to encourage the use of minority
and women business enterprises in connection with HOME funded activities. Any applying
entity must prescribe procedures acceptable to the City to establish activities it uses to ensure
the inclusion, to the maximum extent possible, of minorities and women, and entities owned by
minorities and women. To encourage the use of women and minority owned businesses in bids
for the Program, the City will provide, on request, the latest list of such businesses.
3. Fair Housing/Affirmative Marketing: The Provider shall comply with all HUD and City of
Clearwater fair housing and affirmative marketing requirements and policies, as set forth:
a. The Provider shall be required to use affirmative fair housing marketing practices in
soliciting clients, determining eligibility and concluding transactions, and affirmatively
further fair housing efforts according to CFR Part 570.904(c).
The Provider shall make affirmative marketing steps to provide information and
otherwise attract eligible persons in the housing market to the available housing without
regard to race, color, national origin, sex, religion, familial status or disability.
b. The Provider advertising of vacant units must include an equal opportunity logo or
statement. Advertising media may include newspapers, radio, television, brochures,
leaflets, or a sign on the property. The Provider may use community organizations, places
of worship, employment centers, fair housing groups, housing counseling agencies, social
service centers or medical service centers as resources for this outreach.
c. The Provider must maintain a file containing all marketing efforts (i.e. copies of
newspaper ads, memos of phone calls, copies of letters) to be available for inspection
when requested by the City.
d. The Provider shall maintain a list of all families residing in each unit. The City will assess
the affirmative marketing efforts of the Provider by comparing predetermined occupancy
goals (based on the area from which potential families will come).
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e. The City will assess the efforts of the Provider during the marketing of the units by use of
a compliance certification or personal monitoring visits to the project at least once a year.
f. Those participating entities requesting HOME Investment Partnership entitlement funds
for developments containing five or more units must provide a description of intended
actions that will inform and otherwise attract eligible persons from all racial, ethnic, and
gender groups in the housing market to the available housing. In such cases, the Provider
must provide the City with an annual assessment of the affirmative marketing program.
Said assessment must include:
i. Methods used to inform the public and potential owners about federal fair housing
laws and affirmative marketing policy (i.e. the use of the Equal Housing Opportunity
logotype or slogan in print advertising);
ii. Methods used to inform and solicit applications from persons in the housing market
who are not likely to apply without special outreach;
iii. Records describing actions taken by the participating entity and/or owner to
affirmatively market units; and records to assess the results of these actions.
4. Anti-displacement: The Provider shall not cause permanent displacement of current residents under
the terms of this Agreement; shall inform sellers of the property of the fair market value of such
property and that the Provider or buyer does not have the power of eminent domain and will not
acquire the property unless a mutually agreeable price can be negotiated; and shall not acquire any
property that would result in the displacement of existing tenants. The Provider further agrees that
if involuntary or economic displacement occurs as a result of the Provider’s actions, the Provider
shall bear all the costs of relocation under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1979, as amended, and Section 104(d) of the Housing and Community
Development Act of 1994, as amended.
5. Labor Standards: Projects to be constructed or rehabilitated which contain 12 or more HOME
assisted units, shall comply with the Davis/Bacon Act, applicable provisions of the Contract Work
Hours and Safety Standards Act, 24 CFR 92.354 in Part II, Section 5 and other applicable federal
laws and regulations pertaining to Labor Standards.
6. Lead-Based Paint: Housing assisted with HOME Investment Partnership entitlement funds
constitutes HUD-Assisted housing for the purpose of the Lead-Based Paint Poisoning Act and is
therefore, subject to 24 CFR Part 35, and shall require each buyer of subject Properties to execute
the “Watch Out for Lead Based Poisoning” notifications. All such executed notifications shall be
maintained in the Provider project file and a copy submitted to the City upon request.
7. Conflict of Interest: the Provider, as an owner/developer of this project, shall ensure that it, (or
officer, employee, agent or consultant of the Provider), will not occupy any HOME assisted
affordable housing units in the project. This provision does not apply to an individual who receives
HOME funds to acquire or rehabilitate his or her principal residence or to an employee or agent of
the Provider who occupies a housing unit as the project manager or maintenance worker.
The City may provide an exception to the provisions listed above on a case-by-case basis when the
City determines that the exception will serve to further the purposes of the HOME program and the
effective and efficient administration of the Provider’s HOME assisted project. In order for the City
to provide this exception, the Provider must make a written request and the City will make its
determination based on the following factors:
a. Whether the person receiving the benefit is a member of a group or class of low-income
persons intended to be the beneficiaries of the assisted housing, and the exception will
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permit such person to receive generally the same interests or benefits as are being made
available or provided to the group;
b. Whether the person has withdrawn from his or her functions or responsibilities, or the
decision-making process with respect to the specific assisted housing in question;
c. Whether the tenant protection requirements of Section 92.53 are being observed;
d. Whether the affirmative marketing requirements of Section 92.351 are being observed
and followed; and
e. Any other factor relevant to the City’s determination, including the timing of the
requested exception.
8. Debarment and Suspension: The Provider attests that it has not been debarred, suspended,
proposed for debarment, or ineligible from participating in federally funded projects, and
acknowledges that it shall not employ, award, or fund any contractors or subcontractors that have
been debarred, suspended, proposed for debarment, or ineligible from participating in the federally
funded projects.
9. Flood Insurance: In the event that properties are located in a Flood Zone, this Agreement is
predicated upon the Provider certifying that either the cost of rehabilitation necessary to meet all
applicable codes and standards does not exceed 50 percent of the appraised value of the property
improvements, or that the lowest habitable floor level is at or above the allowable flood level based
upon a valid survey, prepared by a licensed surveyor. If projects can be financed with HOME
Investment Partnership entitlement funds as a result of compliance with either of these
requirements, buyers shall maintain flood insurance for full replacement value as required by
mortgagees.
10. Lobbying Prohibited: The Provider certifies, to the best of its knowledge or belief, that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
Provider, to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
b. If any funds, other than federal appropriated funds, have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the Provider
shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,”
in accordance with its instructions, with a copy of said submittal provided to City within
ten days of submission.
c. The Provider shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans and cooperative agreements), and that all sub-recipients shall certify
and disclose accordingly. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Submission
of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000.
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11. Enforcement: All transactions and related documents must be pre-approved by the City to assure
compliance with all provisions of 24 CFR, Part 92. The affordability requirements are enforce by a
deed restrictions if the project is rental. The City may enforce this Agreement through termination,
as follows:
a. Termination of Contract for Cause: If, through any cause, either party shall fail to fulfill
in a timely and proper manner its obligation under this Agreement, or shall violate any of
the covenants, agreements, or stipulations of this Agreement, the other party shall
thereupon have the right to terminate this Agreement by giving written notice to said
party of such termination and specifying the effective date thereof, at least five days
before the effective date of such termination. In such event, assets shall become the
property of the City in accordance with Part I, Section F, Paragraph 3 of this Agreement.
Notwithstanding the above, the Provider shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Provider.
The City may withhold any payments to the Provider for the purpose of set-off until such
time as the exact amount for damages due to the City from the Provider is determined.
b. Force Majeure: This Agreement may not be terminated if the failure to perform rises
from unforeseeable causes beyond the control and without the fault or negligence of
either party. Such causes may include, but are not restricted to: acts of God; acts of the
public enemy; acts of the Government in either its sovereign or contractual capacity;
fires; floods; epidemics; quarantine restrictions; strikes and unusually severe weather; but
in every case the failure to perform must be beyond the control and without the fault and
negligence of either party. In the event of default, lack of compliance or failure to
perform on the part of the Provider, the City reserves the right to exercise corrective or
remedial actions, to include, but are not limited to:
i. Requesting additional information from the Provider to determine reasons
for, or extent of noncompliance or lack of performance;
ii. Issue a written warning advising the Provider of deficiency and advising the
Provider that more serious sanctions may be taken if situation is not
remedied;
iii. Advise the Provider to suspend, discontinue or not incur costs for activities
in question;
iv. Withhold payment for services provided; or
v. Require the Provider to reimburse the City for the amount of costs incurred
for any items determined ineligible.
c. Termination for Convenience: The City may terminate this Agreement at any time, by
giving written notice to the Provider of such termination and specifying the effective date
of such termination, at least fifteen days before the effective date thereof. In that event,
assets shall become the property of the City in accordance with Part I, Section F,
Paragraph 3 of this Agreement. If this Agreement is terminated by the City as provided
herein, the Provider will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total services of the Provider
covered by this Agreement, less payments of compensation previously made.
12. Assignment and Subcontracting: The Provider shall not assign or otherwise transfer any interest in
this Agreement nor enter into any subcontract pursuant to this Agreement without submitting said
proposed subcontract to the City and without the prior written approval of the City of the proposed
subcontract. All federal requirements of this Agreement shall be applicable to any subcontracts
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entered into under this Agreement and it shall be the Provider’s responsibility to ensure that all
federal requirements are included in said subcontracts and that all subcontractors abide by said
requirements. The City shall have the right to withhold approval at its sole discretion.
13. HUD Requirements: Unearned payments under this Agreement may be suspended or terminated
upon refusal to accept any additional conditions that may be imposed by HUD at any time.
14. Hold Harmless: The Provider shall defend, indemnify and hold the City and all of its officers and
employees, including but not limited to members of the Clearwater City Council, harmless from
and against all costs, expenses, liabilities, suits, claims, losses, damages, and demands of every kind
or nature, by one or on behalf of any person or persons whomsoever or whatsoever arising out of or
in any matter resulting from or connected with any accident, injury, death or damage which may
happen during the time period covered by this Agreement for services under the administration and
direction of said the Provider will defend any actions or suits brought against the City by reason of
the Provider’s failure or neglect in complying with any of the conditions and obligations of this
Agreement, or any tort liability arising out of actions of the Provider or any of its agents or
subcontractors.
15. Construction Bonding and Insurance: All construction contracts or subcontracts over $100,000 let
as the result of this Agreement shall include the following requirements: a) a bid guarantee, such as
a bid bond, cashier’s check or certified check, from each bidder equivalent to five percent of the bid
price; b) a performance bond for 100 percent of the contract price; and c) a payment bond for 100
percent of the contract price. All such bonds obtained must be from companies listed in Treasury
Circular 570, and provided to the City prior to commencement of construction.
16. Insurance: The Provider shall maintain insurance coverage in the amount deemed adequate by the
City for all risks inherent in the functions and aspects of its operation including but not limited to
risks of fire, casualty, automobile liability coverage, workmen’s compensation insurance as
required by law, and public liability insurance for personal injury and property damage.
a. At a minimum, the Provider shall maintain public liability insurance including contractual
liability coverage with a combined single limit of $1,000,000 and automobile liability
insurance with coverage including $100,000 personal liability, $300,000 for any single
incident and $50,000 property damage. Property casualty and flood insurance must be
maintained in an amount equal to the replacement value of the property.
b. The Provider shall have the City named as additional insured under the coverage provided
by all policies required by this Agreement, with the exception of workmen’s compensation
insurance. The City shall be afforded the same notice as the named insured in the event of
cancellation of any policy by an insurance company.
c. The Provider shall submit to the City, prior to the distribution of any funds under the
Agreement, proof of insurance coverage which shall consist of a copy of all policies
evidencing such coverage. The City reserves the right to request proof that the insurance
premium for such policies effective during the term of this Agreement has been paid.
17. Copyrights and Patents: If this Agreement results in a book or other copyright materials or patent
materials, the Provider may copyright or patent such, but the City and the United States
Government reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or
otherwise use such materials and to authorize others to do so.
18. Notification: All notices, requests, demands or other communications hereunder shall be in writing
and shall be deemed to have been served as of the postmark appearing upon the envelope if sent by
the United States mail at the address listed below or upon the actual date of delivery if hand
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delivered to the address listed below. Either party may change the below listed address at which he
receives written notices by so notifying the other party hereto in writing.
ADDRESS OF CITY: ADDRESS OF THE PROVIDER
City of Clearwater Habitat for Humanity of Pinellas County
Housing Division Community Housing Development Organization, Inc.
Post Office Box 4748 (if mailed) 13355 49th Street North
Clearwater, Florida 33758 Clearwater, Florida 33762
112 South Osceola Avenue (if delivered)
Clearwater, Florida 33756
Should any section or any part of any section of this Agreement be rendered void, invalid or
unenforceable by any court of law, for any reason, such as determination shall not render void,
invalid, or unenforceable any other section or any part of any section in this Agreement.
19. Modification: No oral agreement or conversation with any officer, agent or employee of the City,
either before or after execution of this Agreement, shall affect or modify any of the terms or
obligations contained in this Agreement. Any such oral agreement or conversation shall be
considered as unofficial information and in no way binding upon the City. This Agreement shall
not be modified except in writing signed by authorized representatives of both parties.
20. Non-Waiver: No forbearance on the part of either party shall constitute a waiver of any item
requiring performance by the other party hereunder. A waiver by one party of the other party’s
performance shall not constitute a waiver of any subsequent performance required by such other
party. No waiver shall be valid unless it is in writing and signed by authorized representatives of
both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated.
Habitat for Humanity of Pinellas County
Community Housing Development
Organization, Inc.
By_________________________________
President
________________________________
Date
ATTEST:
________________________________
Secretary
________________________________
Date
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
George N. Cretekos William B. Horne, II
Mayor – Councilmember City Manager
___________________________ ___________________________
Date Date
Approved as to form: Attest:
___________________________ ________________________________
Laura Mahony Rosemarie Call
Assistant City Attorney II City Clerk
___________________________ _________________________________
Date Date
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Attachment number 1 \nPage 15 of 15
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Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Approve a grant of $75,000 in General Fund Reserves to be set aside as a commitment as the local government contribution that is
required for applicants to participate in the State of Florida’s Low Income Housing Tax Credit Program (LIHTC) to Garden Trail
Apartments 2013 LLC (Garden Trail), a proposed 76-unit new affordable family rental housing development to be developed by
Southport Development, Inc.; and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On August 28, 2013, the City’s Economic Development and Housing Department released a Request for Applications (RFA) for
projects seeking a local government contribution to apply for the Fiscal Year 2013-14 State of Florida Low Income Housing Tax Credit
Program (LIHTC). The City received five proposals on September 19, 2013. Four applications were delivered timely and one
application was delivered after the 4:30pm published deadline.
The selection committee, made up of Economic Development and Housing and Planning and Development staff, met and ranked the
applications through its published ranking process. The ranking criteria and total score spreadsheet is attached.
The committee ranked the projects in the following order:
1) Garden Trail Apartments, by Southport Development, 76 units-family (Garden Ave. and Eldridge St.)
2) Prospect Park Apartments, by Atlantic Housing Partners, 95 units-family (Laura St. and MLK Ave.)
3) Heritage at Cleveland, by NuRock Development Partners, 75 units-elderly (Cleveland and Madison)
4) Vista City View, by NuRock Development Partners, 60 units-family (Myrtle and Pierce)
***Prospect Lake Reserve, by Sunshine Development Group, 64 units-family (MLK Ave. and Pierce St.); Application was disqualified
due to not meeting published deadline.
The top recommended project is Garden Trail Apartments and consists of 76 one, two and three-bedroom units located in five buildings
that will serve the family demographic. Some of the amenities in the project include a swimming pool, clubhouse, grill area and
playground. Resident programs will include after-school programs for children, employment assistance counseling, and literacy
training. The subject site is located at the northeast and southeast corners of Garden Avenue and Eldridge Street in the North
Greenwood Neighborhood Revitalization Strategy Area. The proposed development team is Southport Development, Inc. (Developer),
Vaughn Bay Construction, Inc. (Contractor), and Architectonics Studio (Architect) who has successfully worked together on the
development of more than 10 affordable housing communities over the past 5 years. The estimated total development cost is $11.5
million.
Staff is recommending a funding commitment to Garden Trail as the top-ranked project using $75,000 from General Fund Reserves
and/other Housing Division funds if available at the time of project award. According to LIHTC program rules, only one project per
Large County will be funded for development through this tax credit cycle.
Staff does not recommend commitments to the second, third, fourth-ranked and disqualified projects. While the second-ranked project
proposed a mixed-income and mixed-use project, the breakout of 80% affordable and 20% market rate does not meet the goal of the
CRA to increase family incomes in this area. In addition, a higher density project that encompassed the entire site is desired. As
proposed, the project only covers approximately half of the site.
The third and fourth-ranked project, and the disqualified project, all proposed only low-income housing on their sites with no mixed-
income components. These projects did not meet the overarching policy perspective, that a mixed-income project (both market rate and
affordable units) is preferred in the Downtown Core, Town Lake Business, and Town Lake Residential Character Districts to create a
strong market to support the retail/restaurant, technology workforce, and event recruitment efforts in the Cleveland Street District
(Clearwater Downtown Redevelopment Plan). Staff would not recommend any incentives to build LIHTC-type projects at these
locations.
The application period for the LIHTC Program for Large Counties (Duval/Hillsborough/Orange/Pinellas) opened on September 19 with
applications due October 30, 2013. The final board approval is scheduled for December 13, 2013. If no City of Clearwater projects are
funded, the commitment for General Fund Reserves would be released.
As background, the Low Income Housing Tax Credit Program is governed by the U.S. Department of Treasury under Section 252 of the
Tax Reform Act of 1986 and Section 42 of the Internal Revenue Code, as amended. The program was established to provide for-profit
Cover Memo
Item # 6
and non-profit organizations with a dollar-for-dollar reduction in federal tax liability in exchange for the acquisition and substantial
rehabilitation or new construction of low and very low-income rental housing units (60% of the Area Median Income and below with a
set aside for 40% of AMI and below). In this application cycle, the minimum value of contributions required from a government agency
for a Tax Credit Program application to receive the maximum points is $75,000. It is the city’s understanding that in order to meet this
requirement, the local government needs to make a commitment to each project they are supporting.
The balance in General Fund reserves is approximately $18 million, or 15.7% of the 2013/14 General Fund operating budget.
Review
Approval:
1) Office of Management and Budget 2) Economic Development and Housing 3) Office of Management and
Budget 4) Legal 5) Clerk 6) Assistant City Manager ED 7) City Manager 8) Clerk
Cover Memo
Item # 6
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Attachment number 1 \nPage 1 of 4
Item # 6
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Attachment number 1 \nPage 2 of 4
Item # 6
Sheet2
Page 3Page 3
Attachment number 1 \nPage 3 of 4
Item # 6
Sheet2
Page 4Page 4
Attachment number 1 \nPage 4 of 4
Item # 6
1
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34
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S EAST AVE
MAPLE ST
PLAZA ST
N MARTIN LUTHER KING, JR. AVE
PENNSYLVANIA AVE
JACKSON RD
S MYRTLE AVE
N EAST AVE
N MADISON AVE
N MISSOU
RI AVE
S MADISON AVE
BOOTH AVE
S PROSPECT AVE
N E C L E V E L A N D S T
HENDRICKS ST
N WASHINGTON AVE
S GARDEN AVE
S WASHING
TON AVE
LEE ST
S FORT HARRISON AVE
WATTERSON AVE
BLANCHEBLITTLEJOHNTRL
EW
ING AVE
S MARTIN LUTHER KING, JR. AVE
FERN AVE
ALDEN AVE
N OSCEOLA AVE
PADUA LN
SPRUCE AVE
N PROSPECT AVE
MAPLE ST
N MISSOU
RI AVE
N PROSPECT AVE
HART ST
MAPLE ST
GROVE ST
HART ST
MAPLE ST
PARK ST
PIERCE ST
S
GARDEN
AVE
BLANCHE B LITTLEJOHN TRL
COURT ST
GEORGIA ST
BROWNS CT
LAURA ST
LOCATION MAP
Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.277B & 287A10/04/2013Map Gen B y:Reviewed By:Grid #:Date:Scale :
PROPOSED AFFORDABLE HOUSING DEVELOPMENTS
Document Path: V:\GIS\Engin eering\L ocation Maps\Prop Afford able Housing Developments .m xd
Attachment number 2 \nPage 1 of 1
Item # 6
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI, in the amount of $503,752.00, for the purchase of 1
new Pierce Heavy Duty Velocity Pumper in accordance with Sec. 2.564 (1)(d), Code of Ordinances, – Other governmental bid, and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Department desires purchasing a heavy-duty front line pumper (engine) to replace Engine 47, purchased in 1999, and moving the
current Engine 47 to the reserve fleet to maintain required reserve units.
The full price for one fire engine is $519,752.00. The manufacturer has offered a discount of $16,000 if paid for in full at time of order.
The department desires to take advantage of this discount. A performance bond has been provided.
The current CIP project 91218, Fire Engine Replacement, has $528,680 of Penny III funding available.
The City will be reimbursed by the County for a portion of the purchase, approximately 11%, as the vehicle will support fire operations
in the unincorporated areas of the Clearwater Fire District.
The Department has determined the Pierce Heavy Duty Velocity Pumper built by Pierce Manufacturing meets the operational needs of
the Department.
Estimated annual operating costs in the department’s annual operating budget include fuel and routine garage charges for operating the
new vehicle. Garage charges on the new vehicle are expected to be less than on the replaced vehicle.
This purchase is a piggyback of Lake County Contract 08-0803.
The Pierce fire engine is the City of Clearwater Fire and Rescue Department standard for the purpose of training and maintenance.
Custom components have been added to meet the needs of the fire district and surrounding municipalities.
Warranty: Limited 1 year warranty for 12 months free of defects in material and workmanship; 3 year warranty on the Impel/Velocity
custom chassis; lifetime on chassis frame crossmembers, Imp/Vel; 5 year on EVS transmission; 5 years on command zone components,
Chassis, Vel/Impel/Qtm/AXT; lifetime on UPF and water tank; 5 years on waterous (pump); 10 year on S/S plumbing and standard
paint; 10 yrs or 100,000 on vehicle cab and body; and 5 year or 100,000 mile warranty on engine provided by Cummins.
Maintenance: Ten-8 Fire Equipment, Inc., a full service apparatus repair facility, will perform all of the warranty work. Our City’s
General Services Division will perform routine maintenance and testing. Annual pump testing will be performed by our Logistics
Bureau in accordance with NFPA standards. Any additional repairs can be contracted through Ten-8 at an additional cost per their
service fee schedule.
A heavy-duty velocity pumper provides exceptional pumping water capability, enhanced storage capability, lower vehicle profile and
will significantly up-grade the abilities of the engine it replaces.
The proposal for fire apparatus conforms to all Federal Department of Transportation (DOT) rules and regulations in effect at the time
of bid and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of
bid, except as modified by customer specifications. Pierce Manufacturing operates a Quality Management System under the
requirements of ISO 9001. The apparatus will meet the current NFPA 1901 recommendations and will maintain design and operational
features consistent with the department’s needs. Cover Memo
Item # 7
Type:Purchase
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:503,752.00 Annual Operating Cost:25,000.00
Not to Exceed:503,752.00 Total Cost:503,752.00
For Fiscal Year:10/01/2013 to 09/30/2014
Appropriation Code Amount Appropriation Comment
0-315-91218-591000-581-
000
503,752.00
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:
Other
Government
Bid
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Legal 6) Clerk 7) Assistant City Manager 8) City
Manager 9) Clerk
Cover Memo
Item # 7
Attachment number 1 \nPage 1 of 1
Item # 7
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Provide the annual update to City Council of the performance of the Employee Health Center. (WSO)
SUMMARY:
The Employee Health Center opened in July 2010 and this presentation provides City Council the current perfomance measures of the
facility.
Review Approval:1) Human Resources
Cover Memo
Item # 8
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Attachment number 1 \nPage 12 of 20
Item # 8
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Attachment number 1 \nPage 13 of 20
Item # 8
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Attachment number 1 \nPage 14 of 20
Item # 8
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Attachment number 1 \nPage 15 of 20
Item # 8
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Item # 8
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Attachment number 1 \nPage 17 of 20
Item # 8
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Attachment number 1 \nPage 18 of 20
Item # 8
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Attachment number 1 \nPage 19 of 20
Item # 8
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Attachment number 1 \nPage 20 of 20
Item # 8
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Authorize the funding of City medical insurance and authorize the City to negotiate and finalize a contract between the City and Cigna
Healthcare for administrative services under a partial self-insured funding arrangement for the period of January 1, 2014 to December
31, 2014 at a total cost not to exceed $15.8 million, to be funded through city budgeted funds, payroll deduction of employee premiums,
and reserves from the City’s Central Insurance Fund. (consent)
SUMMARY:
For plan year 2013, the City modified its medical insurance from a fully-insured arrangement to a partial self-insured arrangement with
a one-year contract for third-party administrative services to be provided by Cigna Healthcare. The City’s Agent of Record, the Gehring
Group, provided an actuarially supported renewal based on the City’s claims trending and projected an increase of 8.9% in funding of
the plan would be necessary to meet the claims and administrative cost obligations of the plan while maintaining the plan design in
effect for 2013. The proposed renewal would continue to incorporate the requirement of employee participation in a Personal Health
Assessment through the City’s Employee Health Center in order to receive an incentive in the form of a richer schedule of benefits.
The City’s Benefits Committee voted unanimously to recommend to City Council that the proposed plan design, rates, and Personal
Health Assessment requirement be maintained and that Cigna be retained as administrator of the City’s account for 2014. Staff concurs
with the Benefits Committee recommendations.
The cost of implementing this plan option would result in an increase to the City’s contribution of an estimated $1,093,000, or 7.9%, for
calendar year 2014 versus the prior year. The total estimated calendar year 2014 cost would be approximately $15.65 million ($12.13
million City share, $3.52 million employee/retiree/cobra share).
For fiscal year 2014, the City has budgeted $11,096,000 for approximately 1,483 full time positions for the City’s share of medical
insurance coverage. The City’s estimated share of actual expenses for fiscal year 2014 per this recommendation is estimated at
$11,879,000. The difference of $783,000 would be funded from Central Insurance Fund reserves per this recommendation.
This recommendation maintains the current funding strategy for City contributions to health care premiums representing 100% of the
cost for Employee Only, 75% of the cost for Employee plus One, and 68% of the cost for Employee plus Family coverage.
Appropriation Code Amount Appropriation Comment
590-07000-545600-519-000
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Human Resources 4) Office of Management and
Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) City Manager 9) Clerk
Cover Memo
Item # 9
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Item # 9
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Item # 9
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Item # 9
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Attachment number 1 \nPage 4 of 12
Item # 9
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(YTD)Attachment number 1 \nPage 5 of 12
Item # 9
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Attachment number 1 \nPage 6 of 12
Item # 9
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Item # 9
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Item # 9
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Item # 9
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Attachment number 1 \nPage 10 of 12
Item # 9
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Attachment number 1 \nPage 11 of 12
Item # 9
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Attachment number 1 \nPage 12 of 12
Item # 9
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Approve a request from the North American Vehicle Rescue Association (NAVRA) to add a new City Co-Sponsored event entitled
World Rescue Challenge (WRC) to be held from October 28, 2013 through November 3, 2013 at Coachman Park and the Harborview
Center parking lot; waive fees, at an estimated cost of $33,328.04 ($8,155 of existing budgeted in-kind contributions and $25,173.04 of
unbudgeted in-kind contributions); and transfer $25,173.04 from retained earnings at first quarter to the appropriate departments
outlined in this agenda item. (consent)
SUMMARY:
According to City Council Policy, Item M, Special Event Fees, there shall be an annual review of City sponsored/co-sponsored events
during the budget process. An agenda item approving co-sponsorship and level of support for these events is brought before the City
Council at the beginning of the budget process each fiscal year.
In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed.
NAVRA sponsors and conducts events that will bring 31 rescue teams (6 - 8 members per team) and 15 two-person trauma teams from
20 countries to compete and challenge their skills in freeing trapped victims in mock vehicle accidents.
NAVRA (Special Event Permit 14-011) has requested that the City co-sponsor this event and provide in-kind costs totaling
$33,328.04. Approximately $8,155 of in-kind services come from waiver of fees and other services already budgeted for and available
for this event. In addition, $25,173.04 is needed to support the following departments since these funds were not included in the Fiscal
Year 2013/14 operating budget.
Fire Department: $4,140.00
Parking: No anticipated fees
Parks and Recreation: $19,252.80
Police Department: $370.64
Risk Management: No anticipated fees
Special Events: $1,409.60
Funding for this event will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of
$25,173.04. The balance in General Fund reserves is approximately $18 million, or 15.7% of the 2013/14 General Fund operating
budget.
Type:Operating Expenditure
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
Transfer funds by a first quarter amendment allocating General Fund reserves.
Current Year Cost:$25,173.04 Annual Operating Cost:-0-
Not to Exceed:$25,173.04 Total Cost:$25,173.04
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
Various $25,173.04 Various General Fund Costs
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 10
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Approve a one-year Agreement with Coordinated Child Care and the City of Clearwater, commencing October 1, 2013 through
September 30, 2014, for funding of youth programs, at a rate of $17.16 per child, per day and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
Since 2000, the City has received funding from JWB Children’s Services Council to provide after school and summer programming for
youth in Clearwater. Once again, the City has been awarded funding for youth programming for Fiscal Year 13/14 from Coordinated
Child Care, which is the administrative service agency used by JWB to distribute and oversee these funds.
Rather than funding a set amount for the program, this Agreement will pay $17.16 per child, per day. The rate increased from $13.26
last year since we are now licensed by the Pinellas County Licensing Board. From past history, this will amount to approximately
$175,000 per year and serve approximately 100 youths that meet the program criteria. A first quarter budget amendment for $175,000
will be made to 181-99872.
Charting a Course for Youth is a program developed to nurture youngsters at the Clearwater neighborhoods in which youth need the
most direction. The program leaders have developed a safe haven for community youth ages 9 - 14 at Ross Norton and North
Greenwood Recreation Complexes.
The program is designed to incorporate exercise and nutrition based activities in an after school and summer camp setting, to encourage
healthy lifestyle choices, improve social skills, increase athletic abilities, and develop leadership skills of the participants. Academic
enrichment curriculum is also included in the program.
There is no requirement to continue the program when the grant ends.
Type:Other
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Funding from Coordinated Child Care.
Current Year Cost:$175,000 Annual Operating Cost:$175,000
Not to Exceed:$175,000 Total Cost:$175,000
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
181-99872 $175,000
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 11
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Item # 11
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Parks and Recreation Master Plan Interim Report (WSO)
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Item # 12
Attachment number 1 \nPage 1 of 25
Item # 12
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Item # 12
Attachment number 1 \nPage 4 of 25
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Item # 12
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Attachment number 1 \nPage 6 of 25
Item # 12
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Attachment number 1 \nPage 7 of 25
Item # 12
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Attachment number 1 \nPage 8 of 25
Item # 12
Attachment number 1 \nPage 9 of 25
Item # 12
Attachment number 1 \nPage 10 of 25
Item # 12
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Attachment number 1 \nPage 11 of 25
Item # 12
Attachment number 1 \nPage 12 of 25
Item # 12
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Attachment number 1 \nPage 13 of 25
Item # 12
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Attachment number 1 \nPage 14 of 25
Item # 12
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Attachment number 1 \nPage 15 of 25
Item # 12
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Attachment number 1 \nPage 16 of 25
Item # 12
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Attachment number 1 \nPage 17 of 25
Item # 12
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Attachment number 1 \nPage 18 of 25
Item # 12
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Attachment number 1 \nPage 19 of 25
Item # 12
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Attachment number 1 \nPage 20 of 25
Item # 12
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Attachment number 1 \nPage 21 of 25
Item # 12
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Attachment number 1 \nPage 22 of 25
Item # 12
Attachment number 1 \nPage 23 of 25
Item # 12
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Attachment number 1 \nPage 24 of 25
Item # 12
Attachment number 1 \nPage 25 of 25
Item # 12
Attachment number 2 \nPage 1 of 5
Item # 12
Attachment number 2 \nPage 2 of 5
Item # 12
Attachment number 2 \nPage 3 of 5
Item # 12
Attachment number 2 \nPage 4 of 5
Item # 12
Attachment number 2 \nPage 5 of 5
Item # 12
DRUID TRAIL
PINELLAS TRAIL
DUKE ENERGY TRAIL
REAM WILSON TRAILDREW
US 19
DRU ID
KEEN
E
G U L F
HER
C
U
LES
HIG
H
LAN
D
LAK
E
LAKEV I EW
CLEVEL AN D
SU N S ET P OI NT
LAN
DM
ARK
NU RS E RY
SR 5 80
COU R T GU L F-TO -B A Y
K
IN
G
S
C
O
U
N
T
R
Y
S
I
D
E
MI
S
SO
U
RI
I
S
L
A
N
D
SA
TU
RN
SR 5 90
HARN
C O U R T N E Y C A M P B E L L
E N T E R P R I S E
TURN ER
M
E
M
O
R
I
A
L C O A C H M A N
GA
RDE
N
D
U
NC
A
N
OL
D CO
AC
H
MA
N
4t
h
BA
YV
IE
W
MA
R
S
BAYSHORE
LO NG
BA RRY
MA
N
D
A
L
A
Y
MAR
TIN
L
UT
HER
KIN
G
,
JR
.VI
NE
LAURA
B
R
U
C
E
SE MI NO LEOSCEOLA
GL
EN
WO
O
D
SO
U
LE
D
O
U
GL
AS MO N TC LA IR
F L A G L E R
NAS H
69
t
h
1s
t
K
EYS
TO
N
E
M
A
S
T
E
R
S
MAI
N
GR EEN LEA
BE
L
C
H
E
R
S
N
U
G
P IER C E
C
IR
U
S
2nd
GULFVIE
W
F
R
I
S
C
O
H
A
R
B
O
R
PINE
OW
EN
RAN G E
A LLA R D
A
R
C
T
U
R
A
S
M c K I N L E Y
M
I
D
W
A
Y
SA BE R
PALM ET TO
PIN ELL AS
UN I ON
SA N J O SE
CHESTNUT
NO
R
W
O
OD
LANTANA
MARSHALL
ST . C R OI X
BE
TTY
SO U TH
C
AS
LER
BAYSIDE
NORTHSIDE
HU N T
A IRP OR T
HIL
LC
R
E
ST
CALU M ET
JACKS O N
BR A T T L E
M
O
S
S
SH ARK E Y
SUNSET
VI
EW
TO
P
HO
LT
LIM E
FAIRWOOD
LEM O N
EA
S
T
RO
LLEN
LE E W A R D
S T A G R U N
D
E
E
R
BE LLE AIR
3r
d
MAGN O LIA
C EYL ON
BY R A M
SK
Y
JO EL
PALM
D O R A
AME
RIC
US
MA
R
JO
H
N
RO SE
YALE
SA N M AT EO
5t h
IDL EWI LD
F
O
X
H
I
L
L
SE VILL E
FLUSHING
F I N L A N D I A
BR ENTWOOD
SU N N YDAL E
SU
M
M
ERD
ALE
BUR NI CE
6t h
ST ATE
WO O DLAW N
EDGEWATER
LEV ER N
L E O
TIO
G
A
O
A
K
Mc
MU
L
LEN
-B
OO
TH
D
A
W
N
LAURELWOOD
O
S
A
K
A
29 7 t h
HAVEN
ESTANCIA
LO GA N
C H A N C E R Y
WIL LO W T REE
C R 1 9 3
LU
CAS
DEVON
C
R
E
S
T
SU M M E R L IN
MAR
K
EDENVIL
LE
BE
EC
HE
R
9t h
SA N D Y
BY
PASS
GR
OVE
ELDORADO
GU
N
N
VI A C I P R I A N I
R O GE R S
PRINCE OAK
FR A NC I S C A N
ENG M AN R I D G E T O P
C
HA
U
TA
U
QU
A
REG
EN
T
M
I
S
S
I
O
N
H
I
L
L
S
CRO WN
C U RTIS
30 1 s t
BARTON
WO
O
D
SE
C
O
N
D
A S H L A N D
COLLEGE
D O R Y
SKY
LIN
E
COL UMBI A
BE RM U DA
M E T T O
BO
O
TH
MAD
IS
O
N
PAPA Y A
SE
V
ARD
A
RC
U
TR
A
S
ARLI E
T
A
B
A
G
O
HO WAR D
BROADWAY
HIL
LTO
P
C HAM B LEE
LONG VIEW
CARACA
SJEFFORDS
S K I F F
FIR
S
T
LEES
MISSION
ALEM AN DA
SO UTH RID GE
M
E
A
D
O
W
L
A
R
K
BA YM ON T
ELYS I U M
SA
N R
EM
O
H E A T H E R
BE LLE VI EW
CARLO
S
L A K E W O O D
PIN E C O V E
RID GE WO O D
BE
LCH
ER
S R 5 8 0
5t h
9t h
BE LLE AIR
BE
TTY
Mc
MU
L
LEN
-B
OO
TH
SU N S ET P OI NT
GR OVE
PALM ET TO
B
A
Y
S
I
D
E
LEGEND
0 2 4miles
CLEARWATER DEMOGRAPHIC MAP
0-14
15-29
30-44
45-59
60 +
CLEARWATER’S MEDIAN AGE
WHITE 79.8%
BLACK ORAFRICAN AMERICAN 10.9%
AMERICAN INDIAN/ALASKA NATIVE 0.5%
ASIAN 2.1%
TWO OR MORE RACES 4.5%
SOME OTHER RACE 2.2%
NATIVE HAWAIIAN/PACIFIC ISLANDER 0.1%
RACE %
CLEARWATER’S POPULATION BY RACE
HOUSEHOLDS
MEDIAN INCOMEOF RESIDENTS
59,156
$41,986HOUSINGMALES
FEMALES
47.8%
52.2%GENDER%
14.6%
16.3%
16.3%
21.4%
31.5%
TOTAL
TOTAL
15,850
17,696
17,701
23,234
34,251
108,732 100%
POPOULATION DISTRIBUTION 0-14
15-29
30-44
45-59
60 +
AGE
*Source: 2010 United States Census Bureau
U.S.%
19.6%
20.9%
19.7%
20.8%
19.0%
100%**
**
*
**
**Source: 2011 American Community Survey
Attachment number 3 \nPage 1 of 1
Item # 12
DRUID TRAIL
PINELLAS TRAIL
PROGRESS ENERGY TRAIL
REAM WILSON TRAILDREW
US
19
DRUID
KEEN
E
G U L F
HE
R
C
U
LES
HIG
H
LAN
D
L
A
K
E
LAKEVI EW
CLEV EL AN D
SU N S ET P OI NT
LAN
DM
ARK
NURSE RY
SR 5 80
COUR T GU L F-TO -B AY
K
IN
G
S
C
O
U
N
T
R
Y
S
I
D
E
MI
S
SO
U
RI
I
S
L
A
N
D
SA
TU
RN
SR 5 90
HA RN
C O U R T N E Y C A M P B E L L
E N T E R P R I S E
TURN ER
M
E
M
O
R
I
A
L C O A C H M A N
GA
RDE
N
D
U
NC
A
N
OL
D C
O
A
C
H
MA
N
4t
h
BA
YV
IE
W
MA
R
S
BAYSHORE
LO NG
BA RRY
MA
N
D
A
L
A
Y
MAR
TIN
L
UT
HER
KIN
G
,
JR
.VI
NE
LAU RA
B
R
U
C
E
SE MI NO LEOSCEOLA
GL
EN
W
O
O
D
SO
U
LE
D
O
U
GL
A
S MO N TC LA IR
F L A G L E R
NAS H
69
t
h
1s
t
K
E
YS
T
O
N
E
M
A
S
T
E
R
S
MA
I
N
GR EEN LEA
BE
L
C
H
E
R
S
N
U
G
PIER C E
C
IR
U
S
2nd
GULFVIE
W
F
R
I
S
C
O
H
A
R
B
O
R
PINE
OW
EN
RAN G E
A LLAR D
A
R
C
T
U
R
A
S
M c K I N L E Y
M
I
D
W
A
Y
SA BE R
PALM ET TO
PIN ELL AS
UN I ON
SA N J O SE
CHESTNUT
NO
RW
O
OD
LANTANA
MARSHALL
ST . C R OI X
BE
T
T
Y
SO U TH
CA
S
LER
BAYSIDE
NORTHSIDE
HU N T
A IRP OR T
HIL
LC
RE
ST
CALU M ET
JACKS O N
BR A T T L E
M
O
S
S
SH ARKE Y
SUNSET
VI
EW
TO
P
HO
LT
LIM E
FAIRWOOD
LEM O N
E
AS
T
RO
LLEN
LE E W A RD
S T A G R U N
D
E
E
R
BE LLE AIR
3r
d
MAG N O LIA
C EYL ON
BY R A M
SK
Y
JO EL
PA
LM
D O R A
AME
RIC
US
MA
R
JO
H
N
RO SE
YALE
SA N M AT EO
5t h
IDL EWI LD
F
O
X
H
I
L
L
SE VILL E
FLUSHING
F I N L A N D I A
BR EN TWOOD
SU N N YDAL E
SU
M
M
ERD
ALE
BUR NI CE
6t h
ST ATE
WO O DLAW N
EDGEWATER
LEVER N
LE O
TIO
G
A
O
A
K
Mc
MU
L
LE
N
-B
OO
TH
D
A
W
N
LAURELWOOD
O
S
A
K
A
29 7 t h
HAVEN
ESTANCIA
LO GA N
C H A N C E R Y
WIL LO W T REE
CR 1 9 3
LU
C
AS
DEVON
C
R
E
S
T
SU M M E RL IN
MAR
K
EDEN
VIL
LE
BE
EC
HE
R
9t h
SA N D Y
BY
PAS
S
GR
OV
E
ELDORADO
GU
N
N
VI A C I P R I A N I
RO GE RS
PRINCE OAK
FR A NC I S C A N
ENG M A N R I D G E T O P
CHA
U
TA
U
QU
A
REG
EN
T
M
I
S
S
I
O
N
H
I
L
L
S
CRO WN
C U RTIS
30 1 s t
BARTON
WO
O
D
SE
C
O
N
D
A S H L A N D
COLLEGE
D O R Y
SKY
LIN
E
COL UMBI A
BE RM U DA
M E T T O
BO
O
T
H
MAD
IS
O
N
PAPAY A
SE
V
ARD
A
RC
U
T
R
A
S
ARLI E
T
A
B
A
G
O
HO WAR D
BROADWAY
HIL
LT
O
P
CHAM B LEE
LONG VIEW
C
ARA
CA
SJEFFORDS
S K I F F
FIR
S
T
LEES
MISSION
A LEM AN DA
SO UTH RID GE
M
E
A
D
O
W
L
A
R
K
BA YM ON T
ELYS I U M
SA
N R
EM
O
H E A T H E R
BE LLE VI EW
CA
RLO
S
L A K E W O OD
PIN E C O V E
RID GE WO O D
BE
LC
H
ER
S R 5 8 0
5t h
9t h
BE LLE AIR
BE
T
T
Y
Mc
MU
L
LEN
-B
OO
TH
SU N S ET P OI NT
GR OVE
PALM ET TO
B
A
Y
S
I
D
E
DREW
US 19
DRUID
KEENE
G U L F
HERCULES
HIGHLAND
LAKE
LAKEVIEW
CLEVELAND
SUNSET POINT
LANDMARK
NURSERY
SR 580
COURT GULF-TO-BAY
KINGS
C
O
U
N
T
R
Y
S
I
D
E
MISSOURI
I
S
L
A
N
D
SATURN
SR 590
HARN
C O U R T N E Y C A M P B E L L
ENT ERP RISE
TURNER
M
E
M
O
RIA
L C O A C H M A N
GARDEN
DUNC
AN
OLD COACHMAN
4th
BAYVIEW
MARS
BAYSHORE
LONG
BARRY
MANDALAY
MARTIN LUTHER KING,
JR.VINE
LAURA
BR
UCE
SEMINOLEOSCEOLA
GLENWOOD
SOULE
DOUGLAS MONTCLAIR
F L A G L E R
NASH
69t
h
1st
KEYSTONE
M
A
S
T
E
R
S
MAIN
GREENLEA
BE
LCHER
S
N
U
G
PIERCE
CIRUS
2nd
GULFVIEW
F
R
I
S
C
O
H
A
R
B
O
R
PINE
OWEN
RANGE
ALLARD
ARCTURAS
Mc KINLEY
MI
DW
AY
SABER
PALMETTO
PINELLAS
UNION
SAN JOSE
CHESTNUT
NORWOOD
LANTANA
MARSHALL
ST. CROIX
BETTY
SOUTH
CASLER
BAYSIDE
NORTHSIDE
HUNT
AIRPORT
HILLCREST
CALUMET
JACKSON
BR ATTL E
M
O
S
S
SHARKEY
SUNSET
VIEWTOP
HOLT
LIME
FAIRWOOD
LEMON
EAST
ROLLEN
LEEWARD
S T A G R U N
D
E
E
R
BELLEAIR
3rd
MAGNOLIA
CEYLON
BY RAM
SKY
JOEL
PALM
D O R A
AMERICUS
MARJOHN
ROSE
YALE
SAN MATEO
5th
IDLEWILD
FOX HI
LL
SEVILLE
FLUSHING
FINLA ND IA
BRENTWOOD
SUNNYDALE
SUMMERDALE
BURNICE
6th
STATE
WOODLAWN
EDGEWATER
LEVERN
LEO
TIOGA
OA
K
McMULLEN-BOOTH
DAWN
LAURELWOOD
O
S
A
K
A
297th
HAVEN
ESTANCIA
LOGAN
CHANCER Y
WILLOW TREE
CR 193
LUCAS
DEVON
CREST
SUMMERLIN
MARK
EDENVILLE
BEECHER
9th
SA NDY
BYPASS
GROVE
ELDORADO
GUNN
VI A CI PRIANI
ROGERS
PRINCE OAK
FRANCISCAN
ENGMAN R I D G E T O P
CHAUTAUQUA
REGENT
M
I
S
S
I
O
N
H
I
L
L
S
CROWN
CURTIS
301st
BARTON
WOOD
SE
COND
A S H L A N D
COLLEGE
D O R Y
SKYLINE
COLUMBIA
BERMUDA
ME T T O
BOOTH
MADISON
PAPAYA
SEVARD
ARCUTRAS
ARLIE
T
A
B
A
G
O
HOWARD
BROADWAY
HILLTOP
CHAMBLEE
LONG VIEW
CARACASJEFFORDS
S K I F F
FIRST
LEES
MISSION
ALEMANDA
SOUTHRIDGE
M
E
A
D
O
A
R
K
BAYMONT
ELYSIUM
SAN REMO
HEAT HER
CARLOS
LAKEWOOD
PINE COVE
RIDGEWOOD
BELCHER
S R 5 8 0
5th
9th
BELLEAIR
BETTY
McMULLEN-BOOTH
SUNSET POINT
GROVE
PALMETTO
B
A
Y
S
I
D
E
W
L
1
2 3
4
LEGEND
2.5 MILE BUFFERS CLEARWATER BOUNDARY
WATER BODIES TRAILS
COMMUNITY PARKS STREETS
LAND MASS
0 2 4miles
CO
MMUNITY P
ARK COVERAGE
Attachment number 4 \nPage 1 of 1
Item # 12
DRUID TRAIL
PINELLAS TRAIL
DUKE ENERGY TRAIL
REAM WILSON TRAILDREW
US 19
DRUID
KEENE
G U L F
HER
CULES
HIGH
LAND
LAKE
LAKEVIEW
CLEVEL AND
SUNSET P OINT
LANDMARK
NURSE RY
SR 580
COURT GUL F-TO-BAY
KINGS
C
O
U
N
T
R
Y
S
I
D
E
MI
SSOURI
I
S
L
A
N
D
SA
TURN
SR 590
HARN
C O U R T N E Y C A M P B E L L
E NT E R P RIS E
TURNER
M
E
M
O
RI
A
L C O A C H M A N
GA
RDE
N
DUNC
AN
OL
D COACH
MA
N
4t
h
BA
YVIE
W
MAR
S
BAYSHORE
LONG
BA RRY
MAN
DA
LAY
MAR
TIN L
UT
HER
KING,
JR
.VI
NE
LAURA
BR
U
C
E
SE MINOLEOSCEOLA
GL
ENWOOD
SOULE
DOUGL
AS MONTCLA IR
F L A G L E R
NASH
69
t
h
1st
KEYSTON
E
M
A
S
T
E
R
S
MAI
N
GR EENLEA
BE
LCH
ER
S
N
U
G
PIER CE
CIRUS
2nd
GULFVIEW
F
R
I
S
C
O
H
A
R
B
O
R
PINE
OWEN
RANGE
ALLAR D
ARCTUR
AS
Mc K IN L EY
M
I
D
W
A
Y
SABER
PALMETTO
PINELL AS
UNION
SA N JOSE
CHESTNUT
NO
RW
OOD
LANTANA
MARSHALL
ST . CR OI X
BE
TTY
SOUTH
CASLER
BAYSIDE
NORTHSIDE
HUNT
AIRP OR T
HIL
LCRE
ST
CALUMET
JACKSON
BR A T T L E
M
O
S
S
SH ARKE Y
SUNSET
VI
EWTOP
HOLT
LIME
FAIRWOOD
LEMON
EAST
ROLLEN
LEEW ARD
S T A G R U N
D
E
E
R
BE LLE AIR
3r
d
MAGNOLIA
CEYL ON
BY RAM
SKY
JOEL
PALM
D O R A
AME
RIC
US
MAR
JOH
N
ROSE
YALE
SA N MAT EO
5th
IDL EWI LD
FO
X
HI
L
L
SEVILLE
FLUSHING
FI N L A ND I A
BRENTWOOD
SUNNYDAL E
SUMMERD
ALE
BURNICE
6t h
ST ATE
WOODLAWN
EDGEWATER
LEVERN
LEO
TIOGA
O
A
K
Mc
MUL
LEN
-BOOTH
DAW
N
LAURELWOOD
O
S
A
K
A
297t h
HAVEN
ESTANCIA
LOGA N
CHAN C E R Y
WILLOW T REE
CR 193
LUCAS
DEVON
CREST
SUM MERL IN
MAR
K
EDENVILLE
BE
ECHE
R
9t h
SA NDY
BYPASS
GROVE
ELDORADO
GUN
N
VI A CI PRI AN I
ROGE RS
PRINCE OAK
FRA NCI S CAN
ENGMAN R I D G E T O P
CHAUTA
UQUA
REGENT
M
I
S
S
I
O
N
H
I
L
L
S
CROWN
CURTIS
30 1 st
BARTON
WOOD
SE
CON
D
A S H L A N D
COLLEGE
D O R Y
SKYLINE
COLUMBIA
BE RMUDA
M E T T O
BOOTH
MAD
ISON
PAPAY A
SE
VARD
ARCUTR
AS
ARLIE
T
A
B
A
G
O
HOWAR D
BROADWAY
HIL
LTOP
CHAMBLEE
LONG VIEW
CARACA
SJEFFORDS
S K I F F
FIR
ST
LEES
MISSION
ALEMANDA
SOUTHRIDGE
M
E
A
D
O
W
L
A
R
K
BA YMONT
ELYSI UM
SA
N R
EMO
H E A T H E R
BE LLE VI EW
CARLOS
LAKEW O OD
PIN E COVE
RID GE WOOD
BE
LCH
ER
S R 5 8 0
5t h
9t h
BE LLE AIR
BE
TTY
Mc
MUL
LEN-BOOTH
SUNSET P OI NT
GROVE
PALMET TO
B
A
Y
S
I
D
E
MCKAY PLAYFIELD
MANDALAY PARK
SUNSET SAM ATISLAND ESTATES
EDGEWATER DR. PARK
CHERRY HARRIS PARK
MLK JR. COMMUNITY CENTER
PLAZA PARK
STATION SQUARE PARK
CREST LAKE PARK
MARYMONT PARK
BELMONT PARK
MORNINGSIDE PARK
DEL ORO PARKWOOD VALLY REC. CENTER
COACHMAN RIDGE PARK
MONTCLAIR PARK
CHARTER OAKS PARK
VALENCIA PARK
WOODGATE PARK
SOULE ROAD PARK
NORTHWOOD PARK
FOREST RUN PARK
COUNTRY HOLLOW PARK
GARDEN AVE. PARK
SAND KEY
BAY PARK ON
CHARLES PARK
LEGEND
1 MILE BUFFERS CLEARWATER BOUNDARY
WATER BODIES TRAILS
NEIGHBORHOOD PARKS STREETS
LAND MASS
0 2 4miles
NEIGHBORHOOD PARK COVERAGE
Attachment number 5 \nPage 1 of 1
Item # 12
City of Clearwater
Parks and Recreation Master Plan
Community Workshops Report
September 2013
Attachment number 6 \nPage 1 of 54
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September 2013
Report of Results (2013)
TABLE OF CONTENTS
Community Open House Workshops .......................................................................................... 3
Appendix A: Workshop Participation ....................................................................................... 8
Appendix B: Survey Results ...................................................................................................... 9
Appendix C: Specific Area Comments .................................................................................... 40
Appendix D: Park Memories ................................................................................................... 43
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COMMUNITY OPEN HOUSE WORKSHOPS
Summary
This report presents the results of the
Community Open House Workshops held for
the creation of the update of the 2002 Parks and
Recreation Master Plan. The workshops were
held between 4:30 and 7:30pm to allow
flexibility for the participants. The Community
Open Houses were held on the following dates
and locations:
August 21: Ross Norton Recreation and
Aquatic Complex, 1426 S. MLK, Jr.
Avenue
August 22: North Greenwood Recreation
and Aquatic Complex, 900 N. MLK, Jr.
Avenue
August 28: Clearwater Beach Recreation
Center, 69 Bay Esplanade
September 3: Countryside Recreation
Center, 2640 Sabal Springs Drive
September 4: Aging Well Center at the
Long Center, 1501 N. Belcher Road
A station format was utilized for the
Workshops allowing time for questions and the
collection of data at each station. The stations
included the presentation of:
Proposed Park Classifications
Cloud-Storming
Level of Service for Outdoor Facilities
Neighborhood Park Prioritization
General Comments
Testimonies
Participants had the opportunity to understand
the importance of Parks and Recreation in
context to our greater community, while
commenting and assessing current conditions.
Staff members at each station explained the
topic information, answered questions and
encouraged comments.
Demographics
Approximately 110 individuals participated in
the community workshops. Of these, an
estimated 80% are direct residents of
Clearwater (based on Zip-code information)
with most of the remaining participants coming
from the adjacent areas of Dunedin, Palm
Harbor, Safety Harbor and East Lake (See
Appendix A) . The majority of participants
(56%) were in the age range 60+. 29% of
participants were between the ages of 30-50,
and 15% were under the age of 30.
Station 1: Welcome
The first station provided an introduction to the
Community Workshop. It included registration
and a brief presentation by a staff member
describing how Parks and Recreation is
working on updating the 2002 Master Plan and
is welcoming public input. The participants
were described the opportunities at each station
and were asked to provide input in all of them
(in order).
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Station 2: Clearwater Parks and
Recreation 101
This station provided an exhibit of various facts
about Clearwater’s Park and Recreation system
such as the 2002 Master Plan elements, system
inventory and the Park classification
definitions. Several maps were on display
portraying the city’s demographics, the system-
wide map of facilities, the park listing by
classification, and park coverage maps. The
participants were asked to fill out a form
regarding their agreement/disagreement with
the proposed park classifications.
The majority of respondents (75%) either
“strongly agree” or “agree” with the current
classification. 15% of respondents had a neutral
position and only 10% “disagreed” or “strongly
disagreed with the current park classification
standards.
This station also distributed a user survey to
gather participant’s perspectives and
preferences with regards to parks and
recreation. This survey will serve as the model
for a mail-in survey of Clearwater households
that will be commissioned during the last
trimester of 2013. The results from this survey
are summarized in Appendix B.
Station 3: Cloud Storming
This station displayed a series of posters with
empty “cloud” diagrams. The participants were
asked to write in these “clouds” what they liked
the most about Clearwater Parks and
Recreation, either with just a word or a listing
of a couple of items. Common comments from
this activity include Healthy living/Fun/ Green
Space/ Outdoors/ Nature/ Beach/
Sports/Exercise/ Events.
Station 4: How do we Measure to
National and State Standards
This station displayed a series of posters with
information on the National Standards and
Guidelines for Parks and Recreation facilities,
and compared them with the facilities that are
currently provided in Clearwater. The
participants were informed of these guidelines
and were asked to provide information on what
facilities they considered to be the more
important, being mindful of what is relevant
and specific to the community. This
information was gathered in order to
understand whether there are any gaps or
surpluses.
The facilities selected as the most important to
be provided by Clearwater Parks and
Recreation, were Community Centers,
Playgrounds, and Bicycle and Pedestrian Trails.
34%
41%
15%
5%5%
Figure 1. Respondents attitudes toward
current Park Classifications
Strongly Agree
Agree
Neutral
Disagree
Strongly Disagree
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The facilities selected as least important by a
majority of respondents were Golf courses and
Equestrian Trails (See Figure 2 on page 7).
Station 5: Neighborhood Parks
Participants were provided the opportunity to
indicate which two neighborhood parks they
frequent the most by identifying them in a map.
They were also asked to indicate which of all
the neighborhood parks in the city they think
need to be given priority for improvements.
The most frequented parks were:
Crest Lake Park (24%)
Martin Luther King Jr Community
Center (19%)
Morningside Park (11%)
Mandalay Park (8%)
Countryside Community Park (8%)
Coachman Ridge Park (5%)
Cherry Harris Park (4%)
Del Oro Park (4%)
Sunset Sam Park at Island Estates (3%)
Plaza Park (3%)\
The parks that should be given priority for
improvements were:
Crestlake Park (49%)
Morningside Park (21%)
Martin Luther King Jr Community
Center (13%)
Woodgate Park (5%)
Countryside Community Park (3%)
Cherry Harris Park\(3%)
Forest Run Park (3%)
Bayside Park on Sand Key (3%)
Wood Valley Rec Center (3%)
Afterwards, the participants were given a brief
survey on what specific improvements they
thought were needed in specific neighborhood
parks. All the respondents in this station
identified themselves as residents of Clearwater
(According to their zip-codes). Based on this
survey the improvements that were identified
are as follows:
Crest Lake Park:
Restrooms
Exercise Equipment
Working Fountains
Splash Park
Improved Security and better lighting
Install tables and benches
Better playgrounds
Removal of alligators/ Improve fishing
Better grassed areas
Morningside Pool:
Longer hours
Extended Season (April to October)
Lighted Tennis Courts
Restrooms
Morningside Recreation Center:
New Complex
Marymount Park:
Provide Water Fountains
Martin Luther King:
Better playground and green space
Boys & Girls Club:
Needs Basketball court and outside
playground
All parks:
Splash parks and water pads for kids
Restrooms
Maintain cleanliness of Parks
Provide alternate location for homeless
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Station 6: Specific Area Comments
At this station, the participants were asked for
comments regarding specific areas or programs
that they would like to see included or that they
don’t like about the existing facilities and
programs. The participants were asked to write
their comments under different categories. The
categories and a summary of the most common
comments are as follows:
Athletics (Youth/ Adult Sports:
Strong support for Basketball lessons,
and some support for other popular sports
like Baseball, Football, Soccer and Track.
Support for the development of
Pickleball courts, a sport of growing
popularity among the senior community.
Aquatics:
Strong support for extending indoor/
outdoor pool hours at various locations,
as well as extending the season (if
possible year-round). Some support for
heated pools.
Strong support for senior exercise
aquatics.
Aging Well Center:
Strong support for Tai-Chi for seniors.
Recreation Programs:
Strong support for Bowling Teams for
both Youth and Adults.
Strong support for Pickleball leagues
Support for “more field trips”.
Parks Maintenance:
Strong support for cutting the grass more
often.
Environmental Programs:
Strong support for involvement of the
community in park clean-up projects.
Special Use Facilities:
Some support for further development at
Coachman Park.
Park Amenities (Development) – What the
would like to see in the parks:
Strong support for a new recreational
center at Morningside, together with
restoration of restrooms and additional
lighting.
Some support for additional community
events and activities at the parks (Eg.
Market days, bake sales, garage sales)
The complete listing of individual comments
can be found on Appendix C.
Station 7: Park Memories
At the last station, each participant was asked
to indicate their favorite parks and recreation
memory. The participants were asked if they
agreed with the possible inclusion of this
information in the City of Clearwater’s website,
at public meetings or in the Master Plan. Their
comments are included in Appendix D. The
participants were thanked for the participation
in the Master Planning efforts.
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3%
5%
3%
32%
11%
25%
17%
34%
22%
26%
34%
28%
45%
45%
60%
0%
0%
6%
6%
8%
8%
9%
9%
11%
12%
12%
18%
42%
45%
46%
0%10%20%30%40%50%60%70%80%90%100%
Equestrian Trails
Golf Course
Volleyball Courts
Swimming Pools ‐indoor
Tennis Courts
Picnic Tables
Dog Parks
Swimming Pools‐outdoor
Softball and Baseball fields
Basketball Courts
Multipurpose fields (Soccer/ Football/
Lacrosse)
Nature Trails
Bicycle and Pedestrian Trails
Playgrounds
Community Centers
Percent of Respondents
Figure 2: Top Choices for importance of Facilities provided by Parks and
Recreation
Selected as most Important activity Essential
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Appendix A: Workshop Participation
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Appendix B
City of Clearwater
Parks and Recreation Survey
Report of Results – Community Workshops
September 2013
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TABLE OF CONTENTS
Executive Summary ....................................................................................................................... 1
Report of Results ............................................................................................................................ 6
Survey Background ................................................................................................................... 6
Community Priorities for Parks and Recreation ........................................................................ 7
Purpose of Clearwater Parks and Recreation ....................................................................... 7
Resident Perspectives on Recreation Programs ................................................................. 10
Resident Perspectives on Community Events ................................................................... 13
Resident Perspectives on Parks ......................................................................................... 15
Residents’ Use and Importance Ratings of Recreational Facilities and Programs ............ 19
Residents’ Perspectives on Funding Options for Parks and Recreation .................................. 23
Support for or Opposition to Funding Options .................................................................. 23
Preferences for Options to Reduce the Parks and Recreation Budget ............................... 25
Tables: Responses to Survey Questions ..................................................................................... 27
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EXECUTIVE SUMMARY
Workshop Survey Background
Parks and recreation facilities, programs and services are an important part of Clearwater’s
quality of life. As part of the 2013 strategic planning process, five community workshops were
conducted on August 21, 22, 28, September 3 and 4, 2013 at each recreation center in the city. During
these workshops, the participants were asked to complete a survey to understand their perspectives and
preferences with regards to parks and recreation. A total of 104 individuals participated in the survey.
The results from the survey are summarized in this report.
Community Priorities for Parks and Recreation
Those completing the survey were asked to what extent they agreed or disagreed with a series of
statements about possible overarching goals for the City of Clearwater’s Parks and Recreation
Department. The percent strongly agreeing that each statement should be an objective of parks and
recreation in Clearwater was:
(Top Three)
To provide opportunities for residents to maintain and improve their physical health, 80%
To provide positive activities for children and teens (age 19 and younger), 68%
To provide recreational, social and health strengthening opportunities for older adults (age 60
and older), 63%
To provide green and natural spaces within the community with park lands and open space, 58%
To enhance the community’s economic vitality by offering special events that draw visitors from
inside and outside the community, 54%
To provide recreational opportunities to underserved residents who might not otherwise be able
to participate in recreational activities, 54%
To provide greater mobility, with trails and paths for residents to use for exercise and for non-
motorized transportation, 54%
To promote a more beautiful community and a greater “sense of place” for residents, 53%
To provide opportunities for residents to make social connections which strengthen the
community’s social fabric, 52%
To provide greater cultural opportunities to increase our city’s livability, economic revitalization,
education, and creating an understanding of diverse populations, 10%
To maintain the community’s image as an athletic “sports town” destination, 40%
To maintain the community’s image as a beach resort destination, 38%
In addition to providing feedback about the broad purposes of parks and recreation, those completing
the survey were asked which population groups they thought should be given the highest priority in
recreation programming.
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Senior adults were deemed an “essential” group to serve by over half of the survey respondents,
with 81% considering them at least “very important”.
Teenagers were also deemed an “essential” group to serve by over half of survey respondents,
with 88% considering them at least “very important.”
Children aged 6 to 12 years, people with disabilities, adults and families together as a group were
the populations considered the next most important, with over 70% of respondents feeling these
groups were at least very important to serve.
Children 0-5 years were considered at least “very important” by only 47% of respondents
Non-residents do not appear to be a priority as only 27% of respondents considered the at least
“very Important”
Beginner (60%) and intermediate level programming (58%) was considered somewhat more
important than was advanced or elite programming (44%).
The questionnaire asked about the importance placed on some of the specific community events
sponsored by the Clearwater Parks and Recreation Department. The top five events considered
“essential” or very important to a majority of the respondents are:
Philadelphia Phillies Spring Training (65%)
Turkey Trot (62%)
Jazz Holiday (61%)
Clearwater Celebrates America (60%)
Clearwater Fun N' Sun Festival Weekend (59%)
The importance of various benefits provided by Clearwater’s parks were rated by respondents. The
proportion rating each as “very important” or “essential” was:
(Top three)
Providing places for children to play on playground equipment, 78%
Providing a place for rest and relaxation, 74%
Providing open lawn/play space (for children or adults to play their own games like tag, frisbee,
croquet, etc.), 74%
Providing visual "green spaces" within the city, 73%
Providing opportunities for court sports (e.g., tennis, basketball), 70%
Providing developed spaces for field sports (e.g., soccer, football, softball, baseball, lacrosse),
68%
Providing a place to walk or jog within the city, 68%
Providing natural open lands or wildlife habitat within the city, 63%
Providing places for group gathering, 62%
Those participating in the survey were given a series of pairs of statements from which they were to
choose the one that best represented how they felt.
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There was great support for parks and recreation to be run following a human services model,
which was chosen by 91% of respondents, over a business model choice in which parks and
recreation would serve people who can afford to pay for the services through user fees.
Three quarters of respondents felt that program offerings should be offered at many different
levels from beginner through advanced, as opposed to being concentrated at the beginning and
intermediate levels.
Over half of the respondents considered it more important to make facilities mostly available for
drop-in use, while about 38% thought facilities should mostly be programmed with leagues and
other pre-planned activities.
Over half of the respondents believed the recreational programs provided by the City should
include some diverse offerings while about 38% believed they should focus mostly on popular
sports and fitness.
Close to one half (49%) of respondents thought the city should provide facilities and programs
identified as needed by residents, even if they are provided by other agencies. However, a large
percentage (44%) thinks it is better to provide facilities that only compliment other community
offerings, not duplicate them (even if requested by residents).
When considering budget reductions, almost half of respondents preferred that the City maintain
all existing facilities and programs while reducing levels of service, instead of eliminating some
programs and facilities while keeping the remaining programs and facilities at existing service
levels.
A majority (63%) of respondents thought that the landscaping in public spaces should be
beautifully maintained in order to ensure a high quality of life, as opposed to landscaped in a
way that requires minimally maintenance.
A majority of respondents (58%) believe playgrounds should serve the entire community,
have more play equipment, and diverse options for all ages, as opposed to playgrounds serving a
neighborhood, with limited equipment and focus on serving ages 2-5.
Over half of the respondents believe lighting of courts should be at both neighborhoods and
special use facilities, instead of just in neighborhood parks (10%) or recreational centers (28%).
68% of respondents believe special events at Coachman Park should be larger events that bring
in economic development instead of smaller events that serve primarily residents (20%), or
eliminating all special events at the park (4%).
Over half of respondents believe programs and facilities should serve our current demographic
profile (large majority of older residents), as opposed to focusing on attracting younger families
(24%).
The survey was used to assess resident use of a variety of parks and recreation offerings. For each
activity or facility, respondents indicated whether, in the last year, they or anyone in their household
had participated in the activity at a City of Clearwater park or facility, or at another facility. There were
five activities in which a majority of respondent households had participated in at a City of Clearwater
park or facility in the past year. These were:
Participated in a community event
Walked, ran or jogged in a park or nature park
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Swam, fished, relaxed or had a social event at a beach
Attended an event at a Ruth Eckerd Hall.
Attended an event at Brighthouse Networks Field
In addition, respondents rated how important they thought it was that the City of Clearwater provide
various parks and facilities. In general, the participation levels for the various activities mirrored the
importance ratings. There were a few notable exceptions; while a relatively smaller percent of
respondents had participated in Adult/ Senior exercise, fitness or wellness programs (~24%), around
three quarters of respondent considered at least “very important” that the city provides these programs.
Residents’ Perspectives on Funding Parks and Recreation in Clearwater
Several question sets were included on the questionnaire to determine the community’s support for or
opposition to a variety of funding options for parks and recreation offerings by the City. When asked to
what extent they agreed that the City of Clearwater should pursue a variety of funding strategies, the
percent who “somewhat” or “strongly” agreed the City of Clearwater should pursue such strategies
was:
The City should supplement the costs of operating facilities or recreation programs by using
different revenue sources, such as grants, donations, and taxes, (86% and 83% respectively)
Individuals living outside Clearwater should pay higher fees for participating in recreation
programs, 79%
Profitable or popular programs (such as sports leagues and swimming lessons) can help pay for
less profitable programs (such as therapeutic, senior and youth programs), 72%
The idea that recreation programs must pay for themselves through user fees, did not show strong
support (Only 44%).
Preferences for Options to Reduce the Parks and Recreation Budget
A section of the questionnaire informed recipients that the City of Clearwater, due to global economics
and the passage of Amendment 1 to lower property taxes in the State of Florida, is facing tough
economic challenges and will have to make difficult budget decisions. A set of options for reducing the
Parks and Recreation budget were presented, for which survey respondents indicated their level of
support for or opposition to each. Of the 11 budget reduction options, only “Reducing landscape
maintenance in areas such as medians” showed support by a majority of respondents (51%).
Other reductions showing some support from at least 40% of respondents are:
Eliminating some community events
Reducing the operating hours of recreational facilities
Eliminating some athletic fields
Reducing cultural programs
The options opposed by over 70% of respondents included:
Reducing programs that serve senior adults
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Closing one of the recreational facilities,
Reducing beach maintenance.
Allowing other entities to operate city facilities
Reducing park maintenance
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REPORT OF RESULTS
Survey Background
Parks and recreation facilities, programs and services are an important part of Clearwater’s quality of
life. As part of the 2013 strategic planning process, five community workshops were conducted on
August 21, 22, 28, September 3 and 4, 2013 at each recreation center in the city. During these
workshops, the participants were asked to complete a survey to understand their perspectives and
preferences with regards to parks and recreation. A total of 104 individuals participated in the survey.
The survey contains similar questions that were administered in a mail-in survey commissioned by the
city of Clearwater in 2009, and will serve as the model for another mail-in survey of Clearwater
households that will be commissioned during the last trimester of 2013.
On many of the questions in the survey, respondents could answer, “don’t know.” The proportion of
respondents giving this reply is shown in the full set of responses included in the Appendix. The
percentage of questions left blank or with invalid responses are also included in the Appendix. When a
table for a question does not total to exactly 100%, it is due to the customary practice of percentages
being rounded to the nearest whole number.
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Community Priorities for Parks and Recreation
Purpose of Clearwater Parks and Recreation
A variety of purposes can be served by parks and recreation offerings. Those completing the survey
were asked to what extent they agreed or disagreed with a series of statements about possible
overarching goals for the City of Clearwater’s Parks and Recreation Department. There was strong
agreement with most of the objectives presented (see Figure 1 on the next page), but the two
statements with the most support were to provide opportunities for residents to maintain and improve
their physical health” and “to provide positive activities for children and teens (age 19 and younger)”.
Over 58% of respondents strongly agreed with the statements that Clearwater Parks and Recreation
should exist “to provide recreational, social and health strengthening opportunities for older adults (age
60 and older)”, and “to provide green and natural spaces within the community with park lands and
open space”.
Over half of the respondents agree the Clearwater Parks and Recreation should “enhance the
community’s economic vitality by offering special events and amateur athletic tournaments”, “to
provide recreational opportunities to underserved residents” and “to provide greater mobility with trails
and paths to use for exercise and non-motorized transportation”.
Providing a beautiful community and a sense of place, and providing opportunities for residents to
make social connections also received high affirmation, with about 5 in 10 respondents “strongly”
agreeing with these purposes for parks and recreation offerings.
Maintaining the community’s image as a beach resort destination, as an athletic sports town destination
and providing greater cultural opportunities to increase the city’s livability were positively viewed as
purposes for Clearwater’s parks and recreation, but the support was less strong than for other purposes.
After rating their agreement with the twelve purpose statements, respondents were asked to indicate
which two statements they felt were the most important. Figure 2 displays the percent of respondents
indicating which statements they felt were the most important alongside the percent of respondents
who had strongly agreed with each statement. In general, the rank order was fairly similar, although a
few discrepancies were noted when respondents were only allowed to choose two statements as the
most important.
The three statements chosen most often as one of their top choices by respondents were “to provide
opportunities for residents to maintain and improve their physical health,” “to provide positive
activities for children and teens (age 19 and younger),” and “to provide recreational, social and health
strengthening opportunities for older adults (age 60 and older)”.
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Figure 1: Community Priorities for Recreation
38%
40%
45%
52%
53%
54%
54%
54%
58%
63%
68%
80%
39%
26%
36%
38%
37%
34%
35%
37%
34%
30%
23%
19%
77%
66%
81%
90%
89%
88%
88%
90%
91%
92%
91%
99%
0%10%20%30%40%50%60%70%80%90%100%
To maintain the community’s image as a beach resort
destination
To maintain the community’s image as an athletic “sports
town” destination
To provide greater cultural opportunities to increase our
city’s livability, stimulating economic revitalization,
strengthening education, and creating an understanding
of diverse populations
To provide opportunities for residents to make social
connections which strengthen the community’s social
fabric
To promote a more beautiful community and a greater
“sense of place” for residents
To provide greater mobility, with trails and paths for
residents to use for exercise and for non‐motorized
transportation
To provide recreational opportunities to underserved
residents who might not otherwise be able to participate
in recreational activities (e.g., people with disabilities or
people with low incomes)
To enhance the community’s economic vitality by offering
special events and amateur athletic tournaments that
draw visitors inside and outside the community
To provide green and natural spaces within the
community with park lands and open space
To provide recreational, social and health strengthening
opportunities for older adults (age 60 and older)
To provide positive activities for children and teens (age
19 and younger)
To provide opportunities for residents to maintain and
improve their physical health
Percent of Respondents
Strongly Agree Somewhat Agree
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Figure 2: Highest Priorities for Recreation
54%
45%
40%
52%
54%
54%
38%
58%
53%
63%
68%
80%
2%
6%
7%
8%
10%
10%
10%
13%
14%
17%
20%
41%
0%10%20%30%40%50%60%70%80%90%100%
To provide greater mobility, with trails and paths for
residents to use for exercise and for non‐motorized
transportation
To provide greater cultural opportunities to increase
our city’s livability, stimulating economic
revitalization, strengthening education, and …
To maintain the community’s image as an athletic
“sports town” destination
To provide opportunities for residents to make social
connections which strengthen the community’s social
fabric
To enhance the community’s economic vitality by
offering special events and amateur athletic
tournaments that draw visitors inside and outside …
To provide recreational opportunities to underserved
residents who might not otherwise be able to
participate in recreational activities (e.g., people …
To maintain the community’s image as a beach resort
destination
To provide green and natural spaces within the
community with park lands and open space
To promote a more beautiful community and a
greater “sense of place” for residents
To provide recreational, social and health
strengthening opportunities for older adults (age 60
and older)
To provide positive activities for children and teens
(age 19 and younger)
To provide opportunities for residents to maintain and
improve their physical health
Percent of Respondents
Percent Ranking as Highest Priority
Percent Strongly Agree
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Resident Perspectives on Recreation Programs
In addition to providing feedback about the overarching purposes of parks and recreation, those
completing the survey were asked which population groups they thought should be given the highest
priority in terms of recreational programming. Senior adults and teenagers were deemed an “essential”
group to serve by over half of survey respondents, with over 80% considering them at least “very
important.” Children aged 6 to 12 years, adults, people with disabilities and families together as a
group were the populations considered the next most important, with over 70% of respondents feeling
these groups were at least very important to serve. Pre-school children were given a lower importance
rating than were other groups. Very few respondents (27%) deemed non-residents an important group
to consider when planning recreational programs.
Beginner (60%) and intermediate level programming (58%) was considered somewhat more important
than was advanced or elite programming (44%).
Figure 3: Rating of Importance of Serving Various Population Groups
10%
16%
20%
22%
23%
31%
38%
39%
43%
53%
54%
17%
28%
38%
25%
37%
39%
42%
38%
37%
36%
27%
27%
44%
58%
47%
60%
70%
80%
77%
80%
88%
81%
0%10%20%30%40%50%60%70%80%90%100%
Non‐residents
Advanced or elite levels
Intermediate levels
Children 0 to 5 years old
Beginner levels
Families together as a group
People with disabilities
Adults
Children 6 to 12 years old
Teenagers 13 to 17 years old
Senior adults (60 years old or more)
Percent of Respondents
Essential Very Important
Attachment number 6 \nPage 20 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 11
The importance of various types of recreational activities that should be programmed were rated by
those completing the questionnaire. Wellness and Fitness programs were considered “very important”
or “essential” by over 80% of respondents (see Figure 4 below). Community events, Sports teams and
lessons and Aquatics were also given high priority, with over two thirds rating them as “very
important” or “essential.” The activities considered least important gymnastics and golf , both with
only 32% of respondents considering them “very important” or essential.
When asked to indicate which two activities they would give the highest priority, a similar pattern was
observed (see Figure 5 on the next page). Wellness/ fitness were chosen as a one of their top two
choices by 53% of respondents, with 35% choosing community events. Sports and aquatics were
chosen by over 21% of respondents.
Figure 4: Rating of Importance to Provide Various Types of Activities
8%
11%
13%
13%
17%
27%
33%
35%
38%
24%
21%
24%
25%
36%
45%
36%
29%
42%
32%
32%
37%
38%
53%
72%
68%
63%
81%
0%10%20%30%40%50%60%70%80%90%100%
Gymnastics
Golf
Visual arts (e.g., pottery, painting, etc.)
Performing arts (e.g., dance, drama, etc.)
Tennis
Aquatics (e.g., lap swimming, water exercise
classes, lessons, etc.)
Sports teams and lessons (e.g., softball, soccer,
football, etc.)
Community events (e.g., Jazz Holiday, Turkey Trot,
Fun N’ Sun, Clearwater Sea Blues Festival)
Wellness/fitness (e.g., weight training, aerobics,
yoga, etc.)
Percent of Respondents
Essential Very Important
Attachment number 6 \nPage 21 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 12
Figure 5: Top Priorities for Various Types of Activities
8%
11%
13%
13%
17%
27%
33%
35%
38%
1%
1%
4%
4%
4%
21%
21%
35%
53%
0%10%20%30%40%50%60%70%80%90%100%
Gymnastics
Golf
Visual arts (e.g., pottery, painting, etc.)
Performing arts (e.g., dance, drama, etc.)
Tennis
Aquatics (e.g., lap swimming, water exercise
classes, lessons, etc.)
Sports teams and lessons (e.g., softball, soccer,
football, etc.)
Community events (e.g., Jazz Holiday, Turkey Trot,
Fun N’ Sun, Clearwater Sea Blues Festival)
Wellness/fitness (e.g., weight training, aerobics,
yoga, etc.)
Percent of Respondents
Percent Ranking as Highest Priority
Percent Essential
Attachment number 6 \nPage 22 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 13
Resident Perspectives on Community Events
The City of Clearwater coordinates a number of community events. As noted above, these events are
deemed important by a large proportion of residents. The questionnaire asked about the importance
placed on some of the specific events sponsored by the Parks and Recreation Department. Six events
were considered “very important” or “essential” by over half of those completing the survey (see
Figure 6); they included Philadelphia Phillies Spring Training, Clearwater Threshers, Turkey Trot,
Jazz Holiday, the Clearwater Fun N’ Sun Weekend and Clearwater Celebrates America. Most other
events received moderate support ( 38%-51% considering them at least “very important”). The event
receiving the least support was “Trirocks” which was considered important by less than 25% of the
respondents.
When asked to choose which three events they thought were most important, the three most commonly
selected were the Clearwater Fun N’ Sun Weekend, Philadelphia Phillies Spring Training and the
Turkey Trot. None of the respondents considered TriRocks as amongst the three most important events
(see Figure 7 on the next page).
Figure 6: Rating of Importance of Various Community Events
7%
12%
13%
13%
16%
17%
19%
23%
24%
29%
30%
31%
36%
17%
29%
25%
27%
35%
32%
26%
36%
36%
32%
32%
27%
30%
24%
40%
38%
39%
51%
49%
45%
59%
60%
61%
62%
58%
65%
0%10%20%30%40%50%60%70%80%90%100%
TriRocks
Make A Difference Fishing Tournament
Hispanic Heritage Fall Concert Weekend
Outback Beach Day
Martin Luther King Day March
Clearwater Sea Blues Festival
Blast Friday
Clearwater Fun N’ Sun Festival Weekend
Clearwater Celebrates America
Jazz Holiday
Turkey Trot
Clearwater Threshers
Philadelphia Phillies Spring Training
Percent of Respondents
Essential Very Important
Attachment number 6 \nPage 23 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 14
Figure 7: Top Priorities for Various Community Events
7%
13%
12%
13%
19%
16%
31%
17%
24%
29%
30%
36%
23%
0%
4%
6%
6%
9%
13%
14%
16%
18%
20%
22%
23%
26%
0%10%20%30%40%50%60%70%80%90%100%
TriRocks
Outback Beach Day
Make A Difference Fishing Tournament
Hispanic Heritage Fall Concert Weekend
Blast Friday
Martin Luther King Day March
Clearwater Threshers
Clearwater Sea Blues Festival
Clearwater Celebrates America
Jazz Holiday
Turkey Trot
Philadelphia Phillies Spring Training
Clearwater Fun N’ Sun Festival Weekend
Percent of Respondents
Percent Ranking as Highest Priority
Essential
Attachment number 6 \nPage 24 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 15
Resident Perspectives on Parks
City parks serve a variety of roles in a community, and have different meaning to different people.
Various benefits provided by Clearwater’s parks were presented to those completing the questionnaire;
the importance of each to the respondent household was rated.
The purposes deemed most important to respondents were to provide a place for children to play on
playground equipment (78% rated this as at least “very important, see Figure 8); to provide a place for
rest and relaxation and to provide open lawn/play space (74% each). More than 65% considered parks
important for providing visual “green spaces” within the city, providing places to walk or jog, , and
providing developed spaces for field sports. Court sports and group gatherings were deemed at least
very important by over 50% of respondents. The two items considered not as important were to
provide places to exercise pets (39%) and to provide annual flower plantings (35%).
Figure 8: Rating of Importance of Park Purposes
11%
14%
24%
19%
36%
29%
32%
27%
39%
23%
30%
38%
24%
25%
27%
42%
28%
39%
37%
43%
34%
51%
44%
39%
35%
39%
51%
62%
63%
68%
68%
70%
73%
74%
74%
78%
0%10%20%30%40%50%60%70%80%90%100%
Providing annual flower plantings
Providing places to exercise pets
Providing low‐water perennial (bloom year after year)
plantings
Providing places for group gatherings
Providing natural open lands or wildlife habitat
Providing a place to walk or jog
Providing developed spaces for field sports (e.g., soccer,
football, softball, baseball, , lacrosse)
Providing opportunities for court sports (e.g., tennis,
basketball)
Providing visual “green spaces” within the city
Providing open lawn/play space (for children or adults to
play their own games like tag, frisbee, croquet, etc.)
Providing a place for rest and relaxation
Providing places for children to play on playground
equipment
Percent of Respondents
Essential Very Important
Attachment number 6 \nPage 25 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 16
City staff and officials are often faced with competing interests when planning parks and
recreational offerings with limited resources. Those participating in the survey were given a series of
pairs of statements from which they were to choose the one that best represented how they felt. The
first pair of statements dealt with the overarching philosophy of the parks and recreation department,
and whether it should be considered a human service (and therefore offer limited services funded
primarily through tax dollars) or whether it should be considered a business (and therefore offer more
services funded primarily through fees). There was overwhelming support for the human (see Figure 9
on the next page).
Three-fourths of respondents felt that program should be offered at many different levels from
beginner to very advanced, as opposed to being concentrated at the beginning and intermediate levels.
About 54% considered it more important to make facilities more available for drop-in use, while about
38% thought facilities should mostly be programmed with leagues and other pre-planned activities.
About 56% believed the recreational programs provided by the City should include some diverse
offerings while about 39% believed they should be more focused on popular sports and fitness. Nearly
one half of respondents thought the city should provide the facilities and programs identified as needed
by residents even if they are provided by other agencies.
When considering budget reductions, there is slight preference (49%) for maintaining all existing
facilities and programs while reducing levels of service, compared to eliminating some programs and
facilities (38%) while keeping the remaining programs and facilities at existing service levels.
A majority (63%) of respondents thought that the landscaping in public spaces should be “beautifully
maintained” in order to ensure a high quality of life, as opposed to landscaped in a way that requires
minimal maintenance.
In general, respondents believe it is important for playgrounds to serve the entire community, have
more play equipment and diverse options for children of all ages. Similarly, respondents believe
Recreation Centers should serve the entire community, be large in size and have a wide range of
activities.
Most respondents believe restrooms should be located mostly at special use facilities and athletic
sports complexes, instead of being expanded to all neighborhoods and parks. However the support is
not overwhelmingly strong (only 48%).
Over half of respondents believe it is important to lit courts at night at both Recreational Centers and
Neighborhood Parks.
With regards to Coachman Park, a substantial majority (67%) of respondents would like to see larger
events that attract visitors and bring in economic development, as opposed to smaller events serving
residents or eliminating all events in efforts to save money.
Over half of respondents consider it is more important to offer programs and facilities to our current
demographic profile (2nd highest median age in the United States) as opposed to programs that attract
younger families.
Attachment number 6 \nPage 26 of 54
Item # 12
Pa
r
k
s
a
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a
t
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September 2013
Re
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(
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)
Page 17
Fi
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.
49
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co
n
s
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d
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or
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)
Attachment number 6 \nPage 27 of 54
Item # 12
Pa
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Page 18
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a
Sp
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4
%
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s
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g
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vo
l
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l
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r
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e
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w
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m
to
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48
%
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s
t
r
o
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m
s
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o
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p
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a
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ne
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pa
r
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s
(a
p
p
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m
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t
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l
y
5
0
pa
r
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s
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i
s
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a
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t
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r
38
%
* W
h
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:
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t
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( Bo
t
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k
)
Attachment number 6 \nPage 28 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 19
Residents’ Use and Importance Ratings of Recreational Facilities and Programs
The survey was used to assess resident use of a variety of parks and recreation offerings.
Respondents indicated whether, in the last year, they or anyone in their household had participated in
any of the indicated activities at a City of Clearwater facility, or at facility outside the City. Figure 10
displays the proportion of respondents whose households had participated in the activity in the
previous year.
After indicating their participation in the various activities, respondents evaluated the importance of
offering each to the community through the City of Clearwater’s Parks and Recreation Department.
These ratings are displayed in Figure 11 on page 21.
There were five activities in which a majority of respondent households had participated in within the
City of Clearwater. These were: participating in a community event; walking, running or jogging in a
park or nature park; swimming, fishing, relaxing or having a social event at a beach; and attending an
event at a Ruth Eckerd Hall or at BrightHouse Network Field.
In general, the participation levels for the various activities mirrored the importance ratings. The areas
given the highest importance ratings were also the sites of the most popular activities. Some exceptions
include Playgrounds, which were used by only 41% of respondents, but were rated as very important
or essential by over 70% of respondents. Other notable exceptions include Adult/ Senior exercise
fitness or wellness programs which are rated as important by over 75% but which show participation
rates of under 25%.
Attachment number 6 \nPage 29 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 20
Figure 10: Participation in Parks and Recreation Activities
7%
9%
5%
9%
5%
8%
15%
8%
14%
13%
16%
14%
16%
0%
17%
5%
7%
18%
23%
16%
24%
24%
25%
25%
26%
27%
31%
35%
35%
38%
38%
39%
41%
44%
44%
53%
54%
54%
57%
67%
0%10%20%30%40%50%60%70%80%90%100%
Participated in senior exercise, fitness or wellness
program
Participated in an adult sports program or team
Used an indoor swimming pool for swim lessons or
water exercise classes
Played field sports (e.g., soccer, football, rugby, field
hockey, lacrosse, Ultimate Frisbee)
Used an indoor swimming pool for “open swim” (drop‐
in)
Played court sports or took lessons (e.g., basketball,
volleyball)
Used a group shelter or picnic area (for group event)
Used an outdoor swimming pool for swim lessons or
water exercise classes
Participated in a fitness class (e.g., yoga, aerobics,
pilates, weight training, etc.)
Participated in an adult exercise, fitness or wellness
program
Used an outdoor swimming pool for “open swim”
(drop‐in)
Exercised a pet(s) in a park or nature park
Played at a playground
Used the Pinellas or Ream Wilson Trail
“Dropped‐in” for exercise (weights, exercise machines,
etc.)
Attended an event at BrightHouse Networks Field
Attended an event at a Ruth Eckerd Hall
Swam, fished, relaxed or had a social event at a beach
Walked, ran or jogged in a park or nature park
Participated in a community event
Percent of Respondents
Done at City of Clearwater Park or Facility
Done Somewhere else
Attachment number 6 \nPage 30 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 21
Figure 10: Participation in Parks and Recreation Activities (continued)
5%
6%
1%
3%
4%
7%
8%
3%
9%
2%
4%
6%
9%
5%
11%
10%
11%
7%
7%
9%
11%
13%
13%
14%
15%
16%
16%
19%
19%
20%
20%
21%
21%
22%
22%
23%
0%10%20%30%40%50%60%70%80%90%100%
Used a skate park
Played shuffleboard
Participated in a therapeutic recreation program
Participated in a youth (age 13‐19) sports program or team
Played baseball
Relaxed (e.g., read a book, picnicked, played games or
catch on the grass) in a park
Went non‐motorized boating at a marina
Participated in a youth (age 13‐19) arts or recreation
program
Participated in a nature program
Participated in a senior arts or recreation program
Participated in a children’s (age 0‐12) sports program or
team
Played softball
Played golf or took golf lessons
Participated in children’s (age 0‐12) arts or recreation
program
Went motorized boating at a marina
Played tennis or took tennis lessons
Swam, fished, relaxed or had a social event at a reservoir or
lake
Participated in an adult arts or recreation program
Percent of Respondents
Done at City of Clearwater Park or Facility
Done Somewhere else
Attachment number 6 \nPage 31 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 22
Figure 11: Rating of Importance of Various Activities and Facilities
5%
10%
17%
19%
21%
22%
22%
25%
25%
25%
26%
26%
28%
28%
29%
31%
32%
32%
32%
33%
33%
34%
34%
34%
35%
36%
38%
38%
40%
40%
41%
45%
22%
25%
25%
28%
40%
27%
38%
35%
37%
38%
39%
39%
37%
41%
32%
32%
33%
37%
42%
28%
32%
32%
33%
37%
42%
40%
33%
33%
31%
34%
39%
25%
27%
35%
42%
47%
62%
49%
60%
60%
62%
63%
65%
65%
64%
69%
61%
63%
64%
68%
74%
61%
64%
65%
66%
70%
77%
76%
70%
70%
71%
74%
81%
70%
0%10%20%30%40%50%60%70%80%90%100%
A skate park
Shuffleboard courts
Golf courses
Places to exercise pet(s) in a park or nature park
Indoor swimming pool
Nature programs
Therapeutic recreation programs
Adult arts or recreation programs
Outdoor swimming pools
Adult sports programs or teams
A group shelter or picnic area (for group event)
Tennis courts and complexes
Gymnasiums for court sports
Fitness classes
Beach facilities for boating (Marina)
Baseball and softball fields
Senior arts or recreation programs
Children’s (age 0‐12) sports programs or teams
Youth (age 13‐19) sports programs or teams
The Pinellas or Ream Wilson Trail
Field sports fields
Youth (age 13‐19) arts or recreation programs
Children’s (age 0‐12) arts or recreation programs
Exercise facilities (weights, exercise machines, etc.)
Senior exercise, fitness or wellness programs
Adult exercise, fitness or wellness programs
Ruth Eckerd Hall
BrightHouse Networks Field
Playgrounds
Community events
Parks and nature parks
Beach facilities for swimming and recreation
Percent of Respondents
Essential
Very Important
Attachment number 6 \nPage 32 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 23
Residents’ Perspectives on Funding Options for Parks and
Recreation
Support for or Opposition to Funding Options
Several question sets were included to determine the community’s support for, or opposition to,
a variety of funding options for parks and recreation offerings by the City.
A large majority of respondents supported the idea of the City supplementing the cost of operating
facilities and recreational programs by using different revenue sources such as grants, donations and
taxes (80%<) (Figure 12). Over 70% of respondents support the idea of charging higher fees to
individuals living outside Clearwater for participating in recreation programs, as well as using
profitable programs such as sports leagues, to pay for less profitable ones.
In addition, when asked what proportion of funding for operating costs of facilities and programs
should come from taxes versus fees, most of those completing the survey felt that taxes should pay for
the majority of the operating costs (63%). Few respondents (10%) felt that taxes should pay for 100%
of the operating costs. Little support was shown for the idea that recreation programs must pay for
themselves exclusively through user fees (2%). (Figure 13).
Figure 12: Agreement with Funding Strategies
9%
25%
41%
44%
45%
36%
47%
38%
38%
40%
44%
72%
79%
83%
86%
0%10%20%30%40%50%60%70%80%90%100%
Recreation programs must pay for themselves through
user fees
Profitable or popular programs (such as sports leagues
and swimming lessons) can help pay for less profitable
programs (such as therapeutic, senior and youth
programs)
Individuals living outside Clearwater should pay higher
fees for participating in recreation programs
The City should supplement the costs of operating
recreation programs by using different revenue sources,
such as grants, donations, and taxes.
The City should supplement the costs of operating
facilities by using different revenue sources, such as
grants, donations, and taxes.
Percent of Respondents
Strongly Agree Somewhat Agree
Attachment number 6 \nPage 33 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 24
Figure 13: Resident Opinion on Taxes versus Fees to Fund Operating Costs
100% through taxes
10%
Taxes should pay the
majority of costs and
fees from users the
remaining costs
63%
100% through fees
2%
Fees from users
should pay the
majority of costs and
taxes should pay the
remaining costs
14%
No response
11%
Attachment number 6 \nPage 34 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 25
Preferences for Options to Reduce the Parks and Recreation Budget
A section of the questionnaire informed recipients that the City of Clearwater, due to global
economics and the passage of Amendment 1 to lower property taxes in the State of Florida, is facing
tough economic challenges and will have to make difficult budget decisions. A set of options for
reducing the Parks and Recreation budget were presented, for which survey respondents indicated their
level of support for or opposition to each. They were then asked to indicate what their top two choices
would be for budget reductions. The preferences for budget reductions obtained in this survey parallel
the results from the 2009 mail in survey.
In general, there is a lack of support for any budget reduction. Of the 11 budget reduction options, only
“Reducing landscape maintenance in areas such as medians” was supported by the majority of
respondents (51%).Other options supported by over 40% of the respondents include eliminating some
athletic fields, reducing cultural programs, eliminating some community events, and reducing the
operating hours of recreational facilities (see Figure 14).These options were also the ones most likely
to be chosen when asked for the top two choices for reductions (see Figure 15 on the next page).
The majority of respondents are opposed to reductions such as allowing other entities to operate city
facilities, closing one of the recreational facilities, reducing park maintenance and reducing beach
maintenance. Over 40% oppose reducing programs that serve senior adults.
Figure 14: Support for Options to Reduce the Parks and Recreation Budget
5%
5%
5%
8%
9%
10%
12%
12%
13%
14%
20%
15%
19%
25%
21%
19%
29%
32%
36%
27%
28%
31%
20%
24%
30%
29%
28%
38%
43%
47%
40%
42%
51%
0%10%20%30%40%50%60%70%80%90%100%
Reducing programs that serve senior adults
Closing a recreational facility
Reducing park maintenance
Allow other entities to operate city facilities
even if the programs are more expensive
Reducing beach maintenance
Reducing athletic fields maintenance
Reducing operating hours of recreational
facilities
Eliminating some community events
Reducing cultural programs
Eliminating some athletic fields
Reducing landscape maintenance in areas such
as medians
Percent of Respondents
Strongly Support
Somewhat Support
Attachment number 6 \nPage 35 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 26
Figure 15: Top Choices for Reducing the Parks and Recreation Budget
5%
5%
9%
10%
5%
8%
13%
12%
12%
14%
20%
3%
5%
6%
8%
8%
10%
13%
14%
14%
18%
22%
0%10%20%30%40%50%60%70%80%90%100%
Reducing park maintenance
Reducing programs that serve senior adults
Reducing beach maintenance
Reducing athletic fields maintenance
Closing a recreational facility
Allow other entities to operate city facilities even if
the programs are more expensive
Reducing cultural programs
Reducing operating hours of recreational facilities
Eliminating some community events
Eliminating some athletic fields
Reducing landscape maintenance in areas such as
medians
Percent of Respondents
Percent choosing as top choice for
reduction
Strongly Support
Attachment number 6 \nPage 36 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 27
TABLES: RESPONSES TO SURVEY QUESTIONS
The following pages contain a complete set of responses to each question on the survey.
Question #1
Cities offer parks and recreation facilities and
programs to their residents for various reasons.
Please indicate the extent to which you agree
or disagree that the City of Clearwater should
offer recreation facilities & programs through
parks and recreation funding for each of the
following purposes.
St
r
o
n
g
l
y
Ag
r
e
e
So
m
e
w
h
a
t
Ag
r
e
e
So
m
e
w
h
a
t
Di
s
a
g
r
e
e
St
r
o
n
g
l
y
Di
s
a
g
r
e
e
Bl
a
n
k
To
t
a
l
Most
Important
(check
TWO only)
To provide opportunities for residents to maintain
and improve their physical health 80% 19% 0% 0% 1% 100% 41%
To provide opportunities for residents to make social
connections which strengthen the community’s
social fabric
52% 38% 6% 0% 4% 100% 8%
To enhance the community’s economic vitality by
offering special events and amateur athletic
tournaments that draw visitors inside and outside
the community
54% 37% 7% 1% 2% 100% 10%
To provide recreational opportunities to underserved
residents who might not otherwise be able to
participate in recreational activities (e.g., people
with disabilities or people with low incomes)
54% 35% 6% 5% 1% 100% 10%
To provide positive activities for children and teens
(age 19 and younger) 68% 23% 4% 0% 5% 100% 20%
To provide recreational, social and health
strengthening opportunities for older adults (age 60
and older)
63% 30% 4% 0% 4% 100% 17%
To promote a more beautiful community and a
greater “sense of place” for residents 53% 37% 8% 1% 2% 100% 14%
To provide greater cultural opportunities to increase
our city’s livability, stimulating economic
revitalization, strengthening education, and creating
an understanding of diverse populations
45% 36% 12% 7% 1% 100% 6%
To provide greater mobility, with trails and paths for
residents to use for exercise and for non‐motorized
transportation
54% 34% 7% 3% 3% 100% 2%
To provide green and natural spaces within the
community with park lands and open space 58% 34% 4% 2% 3% 100% 13%
To maintain the community’s image as an athletic
“sports town” destination 40% 26% 22% 9% 2% 99% 7%
To maintain the community’s image as a beach
resort destination 38% 39% 15% 7% 0% 99% 10%
Attachment number 6 \nPage 37 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 28
Question #2
Please rate how important you
think it is for the City to provide
recreation programs for each of the
population groups below. Es
s
e
n
t
i
a
l
Ve
r
y
Im
p
o
r
t
a
n
t
So
m
e
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h
a
t
Im
p
o
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t
a
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No
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t
a
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Do
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To
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Children 0 to 5 years old 22% 25% 34% 12% 3% 5% 100%
Children 6 to 12 years old 43% 37% 13% 2% 1% 4% 100%
Teenagers 13 to 17 years old 53% 36% 9% 1% 0% 2% 100%
Adults 39% 38% 14% 3% 3% 3% 100%
Senior adults (60 years old or more) 54% 27% 13% 3% 2% 1% 100%
Families together as a group 31% 39% 19% 2% 3% 5% 99%
People with disabilities 38% 42% 13% 3% 1% 4% 100%
Non‐residents 10% 17% 43% 21% 6% 3% 100%
Beginner levels 23% 37% 22% 5% 8% 4% 98%
Intermediate levels 20% 38% 25% 4% 9% 3% 98%
Advanced or elite levels 16% 28% 30% 9% 12% 4% 98%
Question #3a
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect
values that are important to you, from each pair of statements below, please
indicate which ONE of the two statements you believe is more important for
Clearwater.
I consider parks and recreation . . . Percent of Respondents
A human service that contributes to the physical, emotional and social welfare of the
whole community offering limited s 91%
A business that serves people who can afford to pay for the services through user
fees 3%
Total 94%
Question #3b
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect
values that are important to you, from each pair of statements below, please
indicate which ONE of the two statements you believe is more important for
Clearwater.
Parks and recreation programs should be offered . . . Percent of Respondents
At many different skill levels, i.e. beginner through advanced.74%
At the beginner and intermediate levels 22%
Total 96%
Attachment number 6 \nPage 38 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 29
Question #3c
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect values
that are important to you, from each pair of statements below, please indicate
which ONE of the two statements you believe is more important for Clearwater.
Parks and recreation facilities should be mostly . . . Percent of Respondents
Programmed with leagues and other pre‐planned activities or events, with some drop
in use, likely earning greater revenue 38%
Available for public drop‐in use with some active programming likely earning lesser
revenues 54%
Total 92%
Question #3d
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect values
that are important to you, from each pair of statements below, please indicate
which ONE of the two statements you believe is more important for Clearwater.
Parks and recreation program offerings should . . . Percent of Respondents
Focus mostly on popular sports and fitness (e.g. aerobics, yoga, softball, soccer,
basketball, etc.) because those serve the most number of people 39%
Offer some popular sports and fitness activities, but also include diverse
opportunities like arts and crafts, and classes (e.g. cooking, tai chi, etc.) that may not
serve so many 56%
Total 95%
Question #3e
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect
values that are important to you, from each pair of statements below, please
indicate which ONE of the two statements you believe is more important for
Clearwater.
The Parks and Recreation Department should provide facilities and programs
that . . . Percent of Respondents
Complement other community offerings but not duplicate them (even if the
duplicated city programs are less expensive) 44%
Are requested by residents, regardless of whether they are provided by other
agencies in our community 49%
Total 93%
Attachment number 6 \nPage 39 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 30
Question #3f
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect
values that are important to you, from each pair of statements below, please
indicate which ONE of the two statements you believe is more important for
Clearwater.
When considering potential budget reductions, the Parks and Recreation
Department should . . . Percent of Respondents
Maintain all existing programs and facilities but at a lower level of service (e.g. park
maintenance on fewer days per week; reduced hours at recreation facilities; fewer
recreation program offerings within each category). 49%
Eliminate some programs and facilities, but keep the remaining programs and
facilities at current levels of service (e.g close some facilities but keep all others on
current schedules; cut some types of recreation programs) 38%
Total 87%
Question #3g
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect
values that are important to you, from each pair of statements below, please
indicate which ONE of the two statements you believe is more important for
Clearwater.
Landscaping in public spaces
(e.g. parks, medians, street right‐of‐ways) should be . . . Percent of Respondents
Beautifully maintained in our community to ensure our high quality of life 63%
Require minimal or no maintenance 24%
Total 87%
Question #3h
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect
values that are important to you, from each pair of statements below, please
indicate which ONE of the two statements you believe is more important for
Clearwater.
Playgrounds should… Percent of Respondents
serve the entire community, have more play equipment, have diverse options for all
ages (6 months to 2, 2‐5 and 5‐12), be larger in scale and be within driving distance 58%
serve a neighborhood, have limited play equipment, primarily serve ages 2‐5, and be
within walking distance. 35%
Total 93%
Attachment number 6 \nPage 40 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 31
Question #3i
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect
values that are important to you, from each pair of statements below, please
indicate which ONE of the two statements you believe is more important for
Clearwater.
Recreation Centers should… Percent of Respondents
serve the entire community, be large in size, and have lots of activities (such as the
Long Center) 64%
serve a neighborhood and be smaller in size (such as Ross Norton)28%
Total 92%
Question #3j
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect
values that are important to you, from each pair of statements below, please
indicate which ONE of the two statements you believe is more important for
Clearwater.
Restrooms should… Percent of Respondents
be expanded to all neighborhood and special use parks (approximately 50 parks). This
would have a substantial cost impact both initially and for maintenance. This will
mean that other parks and recreation elements would need to be eliminated to fund
this endeavor 38%
be only a high volume special use facilities such as Clearwater Beach, and athletic
sports complexes where we have them today. 48%
Total 96%
Question #3k
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect
values that are important to you, from each pair of statements below, please
indicate which ONE of the two statements you believe is more important for
Clearwater.
Lighting of Courts (Basketball and Tennis) at Night should be… Percent of Respondents
in a Neighborhood park 10%
in a Special Use facility (such as McMullen Tennis Complex) or Recreation Center 28%
both a Neighborhood and Special Use Facility 54%
Total 92%
Attachment number 6 \nPage 41 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 32
Question #3l
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect
values that are important to you, from each pair of statements below, please
indicate which ONE of the two statements you believe is more important for
Clearwater.
Special Events in Coachman Park should… Percent of Respondents
serve primarily residents 20%
be larger events that bring in economic development by attracting visitors.67%
be eliminated to save money 4%
Total 91%
Question #3m
The city of Clearwater is determining important guiding principles for future parks
and recreation programming. Recognizing that all the statements may reflect
values that are important to you, from each pair of statements below, please
indicate which ONE of the two statements you believe is more important for
Clearwater.
Programs and Facilities should… Percent of Respondents
be offered and constructed to our present and projected demographic profile. (we
have the second highest median age in the United States) 52%
be offered and constructed to attract younger families 24%
Total 76%
Attachment number 6 \nPage 42 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 33
Question 4
Please rate how important to the
community, if at all, it is that the City of
Clearwater Parks and Recreation
Department provide the following
activities. Then indicate which you
think are the two MOST IMPORTANT
activities.
Es
s
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t
i
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Ve
r
y
Im
p
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t
a
n
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So
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a
t
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p
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No
t
at
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l
Im
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t
a
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a
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k
To
t
a
l
Most
Impo
rtant
(chec
k
TWO
only)
Wellness/fitness (e.g., weight training,
aerobics, yoga, etc.) 38%42%11%0% 9% 100% 53%
Visual arts (e.g., pottery, painting, etc.) 13%24%45%7% 11%99% 4%
Performing arts (e.g., dance, drama, etc.) 13%25%39%7% 14%99% 4%
Community events (e.g., Jazz Holiday,
Turkey Trot, Fun N’ Sun, Clearwater Sea
Blues Festival)
35%29%24%3% 9% 99% 35%
Sports teams and lessons (e.g., softball,
soccer, football, etc.) 33%36%16%4% 12%100% 21%
Golf 11%21%39%17%11%99% 1%
Gymnastics 8% 24%45%11%12%99% 1%
Aquatics (e.g., lap swimming, water
exercise classes, lessons, etc.) 27%45%16%2% 9% 99% 21%
Tennis 17%36%31%6% 10%99% 4%
Attachment number 6 \nPage 43 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 34
Question #5
City parks serve various purposes within
a community, some of which are listed
below. Please rate how important, if at
all, each purpose is to you and your
household.
Es
s
e
n
t
i
a
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Ve
r
y
Im
p
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t
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So
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a
t
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p
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No
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p
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t
a
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Do
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To
t
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l
Providing visual “green spaces” within the
city 39% 34% 19% 2% 1% 5% 100%
Providing a place for rest and relaxation 30% 44% 18% 2% 1% 5% 100%
Providing developed spaces for field sports
(e.g., soccer, football, softball, baseball, ,
lacrosse)
32% 37% 21% 7% 1% 3% 100%
Providing open lawn/play space (for children
or adults to play their own games like tag,
frisbee, croquet, etc.)
23% 51% 16% 4% 1% 5% 100%
Providing opportunities for court sports (e.g.,
tennis, basketball) 27% 43% 23% 5% 0% 2% 100%
Providing places for group gatherings 19% 42% 30% 4% 1% 4% 100%
Providing places for children to play on
playground equipment 38% 39% 13% 3% 0% 6% 100%
Providing places to exercise pets 14% 25% 39% 14% 3% 4% 100%
Providing a place to walk or jog 29% 39% 23% 3% 2% 4% 100%
Providing natural open lands or wildlife
habitat 36% 28% 24% 7% 1% 5% 100%
Providing annual flower plantings 11% 24% 38% 23% 1% 4% 100%
Providing low‐water perennial (bloom year
after year) plantings 24% 27% 33% 9% 4% 4% 100%
Attachment number 6 \nPage 44 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 35
Question #6
Please rate how
important to the
community, if at all, it is
that the City of
Clearwater Parks and
Recreation Department
provide the following
community events.
Es
s
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n
t
i
a
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Ve
r
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Im
p
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t
a
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a
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No
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Im
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Bl
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To
t
a
l
Most
Important
(check up
to THREE)
Clearwater Celebrates
America 24% 36% 14% 8% 18% 100% 18%
Clearwater Fun N’ Sun
Festival Weekend 23% 36% 22% 6% 13% 100% 26%
Clearwater Sea Blues
Festival 17% 32% 27% 5% 19% 100% 16%
Blast Friday 19% 26% 27% 14% 13% 100% 9%
Hispanic Heritage Fall
Concert Weekend 13% 25% 29% 18% 15% 100% 6%
TriRocks 7% 17% 34% 19% 23% 100% 0%
Jazz Holiday 29% 32% 19% 5% 15% 100% 20%
Make A Difference Fishing
Tournament 12% 29% 37% 9% 14% 100% 6%
Martin Luther King Day
March 16% 35% 20% 14% 14% 100% 13%
Outback Beach Day 13% 27% 36% 9% 16% 100% 4%
Turkey Trot 30% 32% 15% 8% 15% 100% 22%
Philadelphia Phillies Spring
Training 36% 30% 12% 9% 14% 100% 23%
Clearwater Threshers 31% 27% 20% 8% 14% 100% 14%
Attachment number 6 \nPage 45 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 36
Question #7
Please indicate whether you or anyone in your household has done any of these
activities in the past 12 months at a City of Clearwater park or facility, or at
another park or facility (either a private facility or one belonging to another
jurisdiction).
Done at a
City of
Clearwater
park or
facility
Done
somewhere
else
Used the Pinellas or Ream Wilson Trail 44% N/A
Walked, ran or jogged in a park or nature park 57% 23%
Exercised a pet(s) in a park or nature park 39% 14%
Relaxed (e.g., read a book, picnicked, played games or catch on the grass) in a
park 14% 7%
Used a group shelter or picnic area (for group event) 31% 15%
Used a skate park 7% 5%
Played at a playground 41% 16%
Participated in a nature program 16% 9%
Played baseball 13% 4%
Played softball 20% 6%
Played field sports (e.g., soccer, football, rugby, field hockey, lacrosse, Ultimate
Frisbee) 25% 9%
Played tennis or took tennis lessons 22% 10%
Played court sports or took lessons (e.g., basketball, volleyball) 27% 8%
Played golf or took golf lessons 20% 9%
Played shuffleboard 9% 6%
Used an outdoor swimming pool for swim lessons or water exercise classes 35% 8%
Used an outdoor swimming pool for “open swim” (drop‐in) 38% 16%
Used an indoor swimming pool for swim lessons or water exercise classes 25% 5%
Used an indoor swimming pool for “open swim” (drop‐in) 26% 5%
Swam, fished, relaxed or had a social event at a reservoir or lake 22% 11%
Swam, fished, relaxed or had a social event at a beach 54% 18%
Went motorized boating at a marina 21% 11%
Went non‐motorized boating at a marina 15% 8%
Participated in a fitness class (e.g., yoga, aerobics, pilates, weight training, etc.) 35% 14%
“Dropped‐in” for exercise (weights, exercise machines, etc.) 44% 17%
Participated in children’s (age 0‐12) arts or recreation program 21% 5%
Participated in a youth (age 13‐19) arts or recreation program 16% 3%
Participated in an adult arts or recreation program 23% 7%
Participated in a senior arts or recreation program 19% 2%
Participated in a children’s (age 0‐12) sports program or team 19% 4%
Participated in a youth (age 13‐19) sports program or team 13% 3%
Participated in an adult sports program or team 24% 9%
Participated in an adult exercise, fitness or wellness program 38% 13%
Participated in senior exercise, fitness or wellness program 24% 7%
Participated in a therapeutic recreation program 11% 1%
Participated in a community event 67% 16%
Attended an event at a Ruth Eckerd Hall 54% 7%
Attended an event at BrightHouse Networks Field 53% 5%
Attachment number 6 \nPage 46 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 37
Question #8
How important, if at all, do you believe it is that
the City of Clearwater offer each of the following
activities or facilities to the community? Es
s
e
n
t
i
a
l
Ve
r
y
Im
p
o
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t
a
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t
So
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w
h
a
t
Im
p
o
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t
a
n
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No
t
At
Al
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Im
p
o
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t
a
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Do
n
’
t
Kn
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Bl
a
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To
t
a
l
The Pinellas or Ream Wilson Trail 33% 28% 20% 5% 5% 10% 100%
Parks and nature parks 41% 39% 9% 3% 1% 7% 100%
Places to exercise pet(s) in a park or nature park 19% 28% 38% 5% 2% 8% 99%
A group shelter or picnic area (for group event) 26% 39% 20% 4% 1% 10% 100%
A skate park 5% 22% 46% 18% 0% 9% 100%
Playgrounds 40% 31% 18% 3% 0% 8% 100%
Nature programs 22% 27% 36% 6% 1% 9% 100%
Baseball and softball fields 31% 32% 26% 4% 0% 8% 100%
Field sports fields (e.g., soccer, football, rugby,
field hockey, lacrosse, Ultimate Frisbee) 33% 32% 23% 5% 0% 8% 100%
Tennis courts and complexes 26% 39% 22% 6% 0% 7% 100%
Gymnasiums for court sports (e.g., basketball,
volleyball) 28% 37% 24% 5% 1% 6% 100%
Golf courses 17% 25% 35% 14% 1% 8% 100%
Shuffleboard courts 10% 25% 38% 18% 1% 9% 100%
Outdoor swimming pools 25% 37% 26% 3% 1% 9% 100%
Indoor swimming pool 21% 40% 30% 0% 0% 9% 100%
Beach facilities for swimming and recreation 45% 25% 13% 7% 3% 7% 100%
Beach facilities for boating (Marina 29% 32% 24% 7% 0% 9% 100%
Fitness classes (e.g., yoga, aerobics, pilates, weight
training, etc.) 28% 41% 19% 4% 1% 7% 100%
Exercise facilities (weights, exercise machines,
etc.) 34% 37% 19% 1% 1% 8% 99%
Children’s (age 0‐12) arts or recreation programs 34% 33% 23% 2% 2% 7% 100%
Youth (age 13‐19) arts or recreation programs 34% 32% 21% 2% 3% 9% 100%
Adult arts or recreation programs 25% 35% 30% 3% 1% 7% 100%
Senior arts or recreation programs 32% 33% 23% 5% 1% 7% 100%
Children’s (age 0‐12) sports programs or teams 32% 37% 22% 2% 1% 7% 100%
Youth (age 13‐19) sports programs or teams 32% 42% 15% 2% 1% 8% 100%
Adult sports programs or teams 25% 38% 25% 5% 1% 7% 100%
Adult exercise, fitness or wellness programs 36% 40% 13% 2% 0% 9% 100%
Senior exercise, fitness or wellness programs 35% 42% 13% 3% 0% 8% 100%
Therapeutic recreation programs 22% 38% 27% 3% 1% 9% 99%
Community events 40% 34% 14% 2% 2% 7% 99%
Ruth Eckerd Hall 38% 33% 15% 6% 2% 7% 100%
BrightHouse Networks Field 38% 33% 13% 7% 3% 7% 100%
Attachment number 6 \nPage 47 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 38
Question #9
Please indicate which of the following statements best represents how you feel
the cost for operating recreation facilities and offering recreational programs
should be paid.
Percent of
Respondents
100% through taxes 10%
Taxes should pay the majority of costs and fees from users the remaining costs 63%
100% through fees 2%
Fees from users should pay the majority of costs and taxes should pay the
remaining costs 14%
Total 100%
Question #10
The City of Clearwater is exploring ways to
fund parks and recreation in the future.
Please indicate the extent to which you
agree or disagree with each of the
following funding options.
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Recreation programs must pay for
themselves through user fees 9% 36%29%19%3% 5% 100%
Profitable or popular programs (such as
sports leagues and swimming lessons) can
help pay for less profitable programs (such as
therapeutic, senior and youth programs)
25%47%12%8% 3% 6% 100%
The City should supplement the costs of
operating recreation programs by using
different revenue sources, such as grants,
donations, and taxes.
44%38%6% 1% 3% 7% 99%
The City should supplement the costs of
operating facilities by using different revenue
sources, such as grants, donations, and taxes.
45%40%5% 1% 1% 8% 100%
Individuals living outside Clearwater should
pay higher fees for participating in recreation
programs
41%38%6% 9% 2% 5% 100%
Attachment number 6 \nPage 48 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 39
Question #11
The City of Clearwater, due to
global economics and the passage
of Amendment 1 to lower
property taxes in the State of
Florida, like the rest of the
nation, is facing tough economic
challenges and will have to make
difficult budget decisions. Please
indicate your level of support for
or opposition to each of the
following options for reducing
the Parks and Recreation budget.
Then indicate which two options
you would most support, if
budget cuts were necessary.
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Top Choices
for
Reductions
(check TWO
only)
Reducing beach maintenance 9% 19%22% 36%13%99% 6%
Reducing park maintenance 5% 25%31% 27%12%99% 3%
Reducing athletic fields
maintenance 10%29%23% 22%15%99% 8%
Eliminating some athletic fields 14%28%21% 25%12%100%18%
Reducing operating hours of
recreational facilities 12%32%22% 22%12%99% 14%
Closing a recreational facility 5% 19%29% 34%13%99% 8%
Eliminating some community
events 12%36%21% 18%13%99% 14%
Reducing programs that serve
senior adults 5% 15%28% 39%12%99% 5%
Reducing cultural programs 13%27%30% 18%11%99% 13%
Reducing landscape maintenance
in areas such as medians 20%31%19% 17%12%99% 22%
Allow other entities to operate
city facilities even if the programs
are more expensive
8% 21%25% 33%12%98% 10%
Attachment number 6 \nPage 49 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 40
Appendix C: Specific Area Comments
Comments regarding specific areas or programs that participants would like to see included or that
they don’t like about the existing facilities and programs. (Underlined indicates support by four or
more individuals)
Athletics (Youth/ Adult Sports):
Golf lessons
Football lessons
Basketball lessons
Baseball
Softball for children
Tennis lessons for all ages
Kickball lessons
Soccer for kids and adults
Track
Pickleball lessons
Aquatics:
Keep all heated pools open all year round for use
Senior exercise aquatics
More field trips
Water Park
We need a year-round outdoor pool
Keep pool open on weekends longer
Beach pool needs to be open longer, more months, and heated
Staff at beach pool is fantastic
Keep Morningside pool open longer
Library needs to open longer
Better access to Long Center Pool – non sport
Long Center- wonderful facility
Recreation Programs:
Kayak Kids Cemp (Summer)
Table tennis
Bowling Teams (Youth + Adults)
Volleyball/ Handball clinics for beginners
Dancing
Art Classes
Attachment number 6 \nPage 50 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 41
Music (Chorus/ Band)
Basketball courts (Outdoor/Indoor)
There should be more advertising for facilities and programs
Pickleball leagues
5k’s, triathlons, running and kayaking, obstacle courses
Recumbent biking for older population
Butts + gluts/ Zumba
Aging Well Center:
Tai-Chi senior level
Better access for Seniors (Rear door)
Good Programs / Love the versatile programs
Directional signs at eye level
Change the name of the aging well center
Parks Maintenance (Landscaping upgrades and improvements):
Only Florida-friendly or native landscaping, work with the environment, be ecological
responsible
Grass! No vehicles riding around
Trash Cans
Working fountains
Light replacement (Shelters)
More restrooms
Cut grass more often
Use less annuals
Clean beach less to save money, No need for cleaning once and day.
Clearwater spends too much on sprucing up EC Moore Complex
Shaded Playgrounds
Misters and water fountains – If not wasted water
Park amenities- What do you want to see?
Replace Rockaway Pier
A new recreational center in Morningside
Restrooms in Morningside
Restrooms restored in Crest Lake Park
Lights at Morningside Tennis
Longer hours at Morningside pool, ex: from 5 -7 pm, and additional months of service
Coopers Bayou: Picnic Tables, Restroom, kayak rinse rack
Pull-up Bars
Community garage sales at the parks
Attachment number 6 \nPage 51 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 42
Community and MPO involvement (Scouts, shcools, churches, neighborhood groups engaging in
activities and events)
Fire pits
Fishing tournament
Bake sales, garage or market days at the parks
Music at coachman
More pickleball courts availability
Crest Lake: Please improve- bring back the people with better security and bathrooms
Build Track and Field for the public
Fitness court
Lights on Tennis courts
Special Use Facilities:
Coachman Park – Great
Develop Coachman Park as a Park
Shuffle board Club: Kayak launch area to Stephens Creek
Disk Golf
Environmental Programs:
Park Clean-up: Get the community involved
Beautification/ Tree Planting
Attachment number 6 \nPage 52 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 43
Appendix D: Park Memories
Clearwater Beach swimming pool. Aug/Sept-pool opened 5 days a week
Although grandchildren live in cities well supplied with recreational opportunities, they love to
come to Grannie Camp and play tennis
Walk every morning from Gardenia to end of the beachwalk 340 days a year
Great friends at Clearwater Beach pool
Pleased with the pool staff. Very attentive to detail and being a quadriplegic, feel very secure in
their care
Made many new friends at the CL Beach Recreation Center fitness class. There is such a
diversity of programs. The library is a tremendous asset, but should be open mornings too.
Exercise area well maintained.
Clearwater Beach sunsets
When first moved here was able to take kids to Country Hollow park.
Climbing on huge sand pile at Sugar Sand Festival
Florida Orchestra in Coachman Park
Walking to Forest Run on the nature walk in evening
Son played at Clearwater Beach Rec Center since 1975. Many memories playing soccer,
swimming, and on beach. He is now with teenager and she swims at pool
Best memories is spending time with friends
Clearwater Beachwalk – watching being built and now enjoy walking it
Sunsets at the beach every night
Enjoy Martin Luther King Park. Would like more child friendly opportunities-water play areas
Gym equipment in the parks
Recreation teams compete with other recreation teams, i.e. basketball
Nature walks; need touch football and disk golf
Annual church picnics in the park
Would like water slide and fast rides
Family days in park. Some parks need more basketball courts
More basketball courts
See kids in North Greenwood use the Clearwater Parks and Recreation facilities. Great
resources
After-school programs
Summer school and field trips
Park needs more hand-ball courts, basketball, football, volleyball, kickball
Playing on swings and monkey bars
Safe place for children to attend after schools and summer school
Family gatherings, birthday parties and water days
Monday night league basketball
North Greenwood. Good memories and very nice trips
Attachment number 6 \nPage 53 of 54
Item # 12
Parks and Recreation Survey
September 2013
Report of Results (2013-09)
Page 44
Swings
Just sit in park and enjoy sunsets
Walking dog at Crest Lake Park
Playground at Crest Lake Park. Make the park a happy place for kids
Ross Norton Park for community meetings. Staff friendly
Little League at Countryside
Community picnics at Lake Bellevue, early morning workouts
Played basketball, football and in parks. Started swimming
Birthday parties in park
Playing basketball and meeting new people
Surprise retirement party at MLK
Senior splash (Silver Sneakers)
Open forums for political and community activities
Long Center table tennis. Use Countryside Center for pickleball and gym
Pickleball. Would like Countryside to set up area for that, with lights
Pickleball. City needs to transition some tennis courts
Playgrounds. Needs one like Largo
Pickleball, repaint tennis court for its use
Lighted courts
Countryside Center – made a lot of friends.
Long Center - Pickleball
Coachman Park concerts
Use Long Center and Countryside Center, even though live in Safety Harbor
Home for Sunrise Pickleball Club
Pickleball rocks!
As a senior with health issues, the recreation programs help to stay fit
Good Life games
Long Center – Pickleball. People nice there
Many life changing experiences in Clearwater. Great people!
Wonderful employees at Senior Center
Wonderful seminars
Crest Lake Park – walking, jogging. Safe due to police watch
Morningside Recreation Center – community lost all the annual events
Crest lake Park – walking and dog park
Aging Well Center – programs
Watching sons learn to swim at Morningside
Attachment number 6 \nPage 54 of 54
Item # 12
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Amend the Community Development Code, Division 24, Public Art and Design Program – Sections 3-2401: Public Art and Design
Program; 3-2405: Public Art and Design Allocations for Private Construction Projects and Developments; and 3-2406: Ownership and
Maintenance, and pass Ordinance 8481-13 on first reading.
SUMMARY:
An amendment to the Community Development Code that will transition, from mandatory to voluntary, participation in the Public Art
Program for private development projects that equal or exceed an Aggregate Job Value of $5 million dollars ($5,000,000).
There is a history of private development projects voluntarily investing in public artwork that predates the City Council’s adoption of
the Public Art and Design Program. Staff is comfortable that voluntary participation in public art will continue. Therefore, staff is
recommending that the Community Development Code be amended to make the private developer participation in the Public Art
Program voluntary. Development projects that wish to forgo the installation of public artwork, yet still wish to contribute to the City’s
cultural capital, will be encouraged to donate to the City’s Public Art Fund, which is used to enhance existing City Capital Improvement
Project (CIP) allocations for public artwork and to support Special Initiative projects that are not funded through CIP allocations.
The City’s appropriation of CIP funds for public art will continue with no amendments or modifications. The City will continue to
assist developers with the identification and commission of public artists for public art installations.
The Community Development Board unanimously approved the proposed amendments to the Community Development Code at its
September 17, 2013 meeting.
Public Art and Design Program Guidelines will be amended by the Public Art and Design Board at its December 11, 2013 board
meeting.
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Parks and Recreation 4) Office of Management and
Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) City Manager 9) Clerk
Cover Memo
Item # 13
Ordinance No. 8481-13 1
ORDINANCE NO. 8481-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE,
DIVISION 24, PUBLIC ART AND DESIGN PROGRAM, SECTION
3-2401, PUBLIC ART AND DESIGN PROGRAM, AND SECTION
3-2405, PUBLIC ART AND DESIGN ALLOCATIONS FOR
PRIVATE CONSTRUCTION PROJECTS AND DEVELOPMENTS;
PROVIDING THAT PRIVATE DEVELOPMENT PROJECTS ARE
ENCOURAGED TO INCORPORATE PUBLIC ART INTO EACH
NEW DEVELOPMENT OR RENOVATION PROJECT FOR
WHICH A BUILDING PERMIT IS ACQUIRED, OR IN LIEU
THEREOF, DONATE MONIES INTO THE CITY’S PUBLIC ART
FUND ON EQUAL FOOTING WITH THE CITY’S
CONTRIBUTIONS AS PROVIDED FOR IN SECTION 3-2404;
AMENDING SECTION 3-2406, OWNERSHIP AND
MAINTENANCE, DELETING CERTAIN REQUIREMENTS FOR
OWNERSHIP AND MAINTENANCE OF WORKS OF ART
INCORPORATED INTO PRIVATE CONSTRUCTION
PROJECTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City recognizes that a superior and diverse aesthetic character of
the City’s built environment is vital to the quality of the life of its citizens, the economic
success of its businesses, an attraction for visitors and a benefit to tourism; and that a
public art and design program contributes to the aesthetic enhancement of the
community; and
WHEREAS, to that end, City of Clearwater Ordinance No. 7489-05, adopted
October 6, 2005, established a Public Art and Design program and authorized the
allocation of certain funds in the construction and renovation of eligible City building
projects; and
WHEREAS, in the spirit of promoting public art in addition to the City’s
contributions, the City encourages private developers/owners of properties within the
City to invest time, effort and money into incorporating works of art into the development
of their sites, recognizing that the art will not only become an integral, lasting component
of the cityscape, but will be of intrinsic value to their developments; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF CLEARWATER, FLORIDA:
Section 1. Division 24, Community Development Code, Section 3-2401 is hereby
amended to read as follows:
Section 3-2401. Public Art and Design Program.
The City of Clearwater recognizes that providing for public art and enhancing the
appearance of buildings and spaces provides benefits to the community by expanding
the historical, cultural, and creative knowledge of citizens. In keeping with its concern for
the arts and quality of its environment, not less than of one percent of the total
construction budget of each eligible city capital project shall be allocated as the city
public art contribution for the incorporation of public works of art. Further, eligible private
Attachment number 1 \nPage 1 of 3
Item # 13
Ordinance No. 8481-13 2
development projects shall also are encouraged to allocate not less than one percent of
the aggregate job value for on-site public art to enhance the visual appeal of the project
and city. An in-lieu-of contribution to the city’s public art and design program, as
provided for herein, will also satisfy this requirementis encouraged as an alternative to
the incorporation of art.
* * *
Section 3-2405. Public art and design allocations for private construction projects and
developments.
1. All projects and developments, as listed below, which are submitted for building
permits are encouraged to must allocate not less than one percent of the aggregate job
value up to the sum of $200,000.00 per project for the provision of public art.
a. New construction of, or renovation projects related to commercial, industrial, mixed-
use projects and developments, and residential projects and developments, any of which
equal or exceed an Aggregate Job Value of $5 million dollars ($5,000,000). If
renovations affect multiple structures on a project site, which may be permitted
separately, the Aggregate Job Value is based on the construction valuation of all permits
for the site.
2. When a project is subject to the requirement of choosing to incorporate works
of public art or provide for a public art allocation, the developer shall have has two
options:
a. The developer may contract with a professional artist to create a permanent
public artwork as part of the development project. It is encouraged that Artworks
must be located in publicly accessible locations. If desired, support will be
available from both city staff and the public art and design board to assist in the
selection of an artist. Before contracting with the artist, the property owner will
submit for approval by the public art and design board the artist qualifications, the
artist’s proposal, a statement of how the project satisfies the parameters of the
public art and design program, and a budget reflecting that the allocation of funds
required by the program has been met. Such Some options for the artwork may
include amenities such as streetscapes, paving treatments, architecturally
integrated water features as well as mosaics, murals, or sculpture, etc. The
artwork must be completed or commissioned before a certificate of occupancy
will be issued.
b. In lieu of an on-site project, a developer may contribute .75 percent of the
aggregate job value to the city’s public art and design program. This in lieu fee
must be paid prior to the issuance of building permit.
3. Excluded from this requirement shall be:
a. Projects with an aggregate job value under $5,000,000.00.
b. Residential developments of new construction for affordable housing.
c. Eligible projects pending approval for a building permit that have submitted a
complete application prior to October 1, 2006 provided that:
1. The application is approved within six months of the date of
application.
2. Construction begins within six months of the issuance of such
approval and is diligently pursued to completion.
Attachment number 1 \nPage 2 of 3
Item # 13
Ordinance No. 8481-13 3
Section 3-2406. Ownership and Maintenance.
1. Ownership of all works of art acquired on behalf of the city shall be vested in the
city, which shall retain title to each work of art.
2. All contracts for artwork that will be acquired or accepted for ownership by the
city must be reviewed and approved by the city’s legal department.
3. Ownership of all works of art incorporated into private construction projects shall
be vested in the property owner who shall retain title to each work of art. If the
property is sold, the seller may either include restrictions in the deed that require
maintenance of the artwork and prevent its removal from the property, transfer
ownership of the artwork to the City of Clearwater to be maintained as a public
artwork, or remove the artwork and make a contribution to the public art and
design fund in an amount equal to .7 percent of the initial Aggregate Job Value. If
the title is passed to a subsequent owner and, as a result, a deed restriction
exists as to the artwork, the subsequent owner shall maintain the artwork in
accordance with applicable law or other established guidelines. The artwork
cannot be altered, modified, relocated or removed other than as provided herein
without the prior approval of the public art and design board.
4. Property owners will be required to maintain the work of art in good condition in
the approved location, as required by law or other applicable guidelines including
but not limited to normal code enforcement rules, to ensure that proper
maintenance is provided.
5. The owner may request that the artwork be removed from the site due to
hardship with the approval of the public art and design board. In addition, in the
event there is a condition that occurs outside the reasonable control of the owner
such as an Act of God, then this provision may be implemented with the approval
of the board.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED _________________________
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
_________________________ __________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 3 of 3
Item # 13
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Approve a one-year renewal of Blanket Purchase Order BR 506827 with Grosz Construction Co., Inc. of Tampa, FL, in the amount of
$200,000 for the purchase of labor, materials and equipment to perform various concrete projects including sidewalks, slabs, and curbs
for a variety of parks and recreation maintenance and construction projects. (consent)
SUMMARY:
Staff is requesting that Blanket Purchase Order BR 506827 be renewed to Grosz Construction Co., Inc. of Tampa, FL
who was the lowest most responsive bidder (Bid 24-10) for concrete sidewalks and flatwork in 2010.
With over 100 parks in the city, there is a steady supply of minor work projects needed to repair sidewalks and bike
paths in parks, construct and repair bleacher pads, dugouts and flatwork at ballfields and parks. It is difficult and time
consuming to get quotes and/or bids for each small project and staff finds better pricing by going with larger
contracts/BPO’s.
Any large construction project that exceeds the $50,000 limit will be bid out separately according to current City
policy and if over $100,000, brought before the Council for approval.
Grosz Construction Co., Inc. has been very responsive to the City’s needs this past year and after researching current
costs for concrete work, staff discovered that the original bid price is still very competitive and lower than the
competition.
This is the third and final year that this Blanket Purchase order can be renewed.
Funding for this BPO will come from a variety of operating and Capital Improvement codes in the Parks and
Recreation Department.
Bid Required?:Yes Bid Number:24-10
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Purchasing 4) Legal 5) Clerk 6) Assistant City Manager 7) City
Manager 8) Clerk
Cover Memo
Item # 14
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Approve Agreement between the School Board of Pinellas County and the City of Clearwater through August 23, 2014 for the City to
utilize Pinellas County School buses at a cost of $1.25 per mile plus $26.50 per hour, for a total estimated cost of $50,000 and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
The Parks and Recreation Department organizes field trips requiring bus transportation for participants.
The Pinellas County School System (PCSS) allows municipalities to utilize their fleet of buses and drivers for $1.25 per mile plus
$26.50 per hour for driver with a five-hour booking minimum.
During the summer of 2014, the department will organize approximately 130 field trips that may utilize school bus transportation.
Comparing a sampling cost of school buses for these trips against the use of private bus lines indicates school buses are a less costly
mode of transportation, in most cases.
During the past year the Department utilized the school buses for field trips at a cost of approximately $25,000, with the per mile and
per hour charge the same as proposed in this agreement.
Approval of this Agreement will provide staff with a larger number of options when determining the most cost effective source of
transportation for participants.
The Agreement is similar to Agreements between the Pinellas County School Board and other Pinellas County municipalities that
utilize school bus transportation.
The Recreation Programming Division’s Operating Budget contains sufficient funds to cover the costs associated with this Agreement.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Appropriation Comment: Being coded as a blanket P.O. to 1805 - actual costs will come from a variety of operational codes in
Recreation Division.
Current Year Cost:$50,000 Annual Operating Cost:$50,000
Not to Exceed:$50,000 Total Cost:$50,000
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
1805 $50,000 See comments in Budget Adjustment Comments
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo
Item # 15
Attachment number 1 \nPage 1 of 2
Item # 15
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Item # 15
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Accept the proposal from Construction Manager at Risk Keystone Excavators, Inc., of Oldsmar, Florida for the construction of approximately
1570 feet of gabions in Stevenson’s Creek for the guaranteed maximum price of $1,491,820.00, and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
On June 6, 2013, the Council approved the use of Construction Manager at Risk Services (CMR) for Continuing Contracts with Biltmore
Construction Co., Inc. of Belleair, FL; Peter Brown Construction Solutions of Clearwater, FL; Certus Builders, Inc. of Tampa, FL; Creative
Contractors, Inc. of Clearwater, FL; Honeywell Building Solutions of Orlando, FL; Keystone Excavators, Inc. of Oldsmar, FL; and J. Kokolakis
Contracting, Inc. of Tarpon Springs, FL for a period of three years.
These firms were selected in accordance with Florida Statutes 255.103 and 287.055 under Request for Qualifications 15-13 based upon
construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community.
This contract will provide for the construction of gabion walls along a portion of Stevenson’s Creek. The construction duration for the project is
270 days, commencing in November 2013.
Future maintenance of the gabions will be provided by existing Stormwater Maintenance staff, same as for the existing channel where the gabions
will be constructed. There will be neither additional staff requirements nor additional operating impacts for this project.
The Project is cooperatively funded by Southwest Florida Water Management District (SWFWMD) up to $600,000 or a maximum of 50% of the
costs.
A first quarter budget amendment will transfer $396,362.25 from Capital Improvement Program (CIP) 0315-96124, Storm Pipe System
Improvements to CIP 0315-96181, Jeffords Street Channel.
Sufficient funding is available in CIP 0315-96181, Jeffords Street Channel, in the amount of $1,095,457.75 for total funding of $1,491,820.
Type:Capital expenditure
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
See summary
Current Year Cost:$1,491,820.00 Annual Operating Cost:
Not to Exceed:$1,491,820.00 Total Cost:$1,491,820.00
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
0315-96181-563700-539-000-
0000
$1,491,820.00See Summary
Bid Required?:Yes Bid Number:RFQ 15-13
Other Bid / Contract:Bid Exceptions:None
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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BARRY ST
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JEFFORDS ST
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LOTUS PATH E LOTUS PATH
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Jeffords Street Channel Improvements
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM KS N.T.S.296B 15-29-1510/01/2013Map G en By:Reviewed By:S-T-R:Grid #:Date:Scale:
Legend
Channel Improvement Area
Parc el Boundary
Jeffords StreetChannel Improvements
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Item # 16
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Approve a purchase order (contract) to Pinellas County Solid Waste in the amount of $250,000.00 for the disposal of solid waste at the
Pinellas County waste to energy plant/landfill for the period November 1, 2013 through October 31, 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)
SUMMARY:
Pinellas County operates the only waste to energy plant/landfill in the county. The NPDES (National Pollutant
Discharge Elimination System) permit that Stormwater Maintenance operates under requires the proper disposal of all
debris generated from the street sweepers, debris from vaccon operations and ditch/catch basin cleaning, at a landfill
disposal site. Pinellas County has maintained a $37.50 per ton rate for over 15 years.
Sufficient budget is available in the Stormwater Utility Fund operating cost center 0419-02090-543500-539-000-0000
to fund the current year cost of the purchase order.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:250,000.00 Annual Operating Cost:250,000.00
Not to Exceed:Total Cost:
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
0419-02090-543500-539-
000-0000
250,000.00FY 13/14
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City
Manager 7) Clerk
Cover Memo
Item # 17
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Approve the Future Land Use Map Amendment from Residential Urban (RU), Preservation (P) and Water/Drainage Feature (Water)
(Pinellas County) to Residential Medium (RM), Preservation (P) and Water/Drainage Feature (Water), for property located at 2200 and
2251 Montclair Road (consisting of a portion of the Southwest ¼ of the Northwest ¼ of Section 6, Township 29 South, Range 16 East)
together with the abutting rights-of-way, less North Belcher Road, and right-of-way to the west of the Montclair Road right-of-way; and
pass Ordinance 8410-13 on second reading.(LUP2013-04002)
SUMMARY:
This future land use map amendment involves two parcels comprising approximately 23.75 acres in area located on the west side of
North Belcher Road between Sunset Point Road and Montclair Road. This property was annexed into the city on August 14, 2013
(ANX2013-04007), along with the abutting Sunset Point Road and Montclair Road rights-of-way, as well as additional Montclair
Road right-of-way to the west of the property. The western parcel (11.23 acres), addressed as 2200 Montclair Road, is owned by
David B. and Sharon Webb and contains a single family home and one building associated with the wholesale plant nursery. The
eastern parcel (12.52 acres), addressed as 2251 Montclair Road, is owned by Webb’s Nursery, Inc., and is currently used as a
wholesale plant nursery with two buildings and planting areas. Both parcels contain preservation land and portions of Beckett Lake,
totaling approximately 7.9 acres.
This future land use plan amendment and the companion rezoning (REZ2013-04002) was passed on first reading by City Council on
July 18, 2013. Ordinance 8410-13 was amended on first reading to remove the Belcher Road right-of-way (less North Belcher Road)
because after the public hearing notice ran in the newspaper it was determined the property could not be annexed into the city. In
order to ensure that the ordinance is clear regarding which rights-of-way are being annexed, a motion to amend is proposed to
include a more accurate legal description of the right-of-way. Additionally, staff is requesting that Council approve a revised Exhibit
B (Future Land Use Map) which reflects the boundaries of the land to be designated Preservation (P) based on the approved
jurisdictional wetland survey provided for the eastern parcel (part of the proposed motion to amend on second reading).
In accordance with the Countywide Plan Rules, as well as Chapter 163, Florida Statutes, the amendment was transmitted to both the
Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority, as well as the
Florida Department of Economic Opportunity for review and approval. The Pinellas Planning Council recommended approval of the
amendment at their hearing on September 11, 2013, and the amendment will be considered by the Board of County Commissioners
acting as the Countywide Planning Authority (CPA) at its public hearing on October 8, 2013. The Planning and Development
Department will report the CPA’s final determination at the October 14, 2013 City Council work session. The Florida Department of
Economic Opportunity identified no comment related to important state resources and facilities; similarly, the Department of
Environmental Protection, the Southwest Florida Water Management District, and the Tampa Bay Regional Planning Council raised
no objections.
The Planning and Development Department has determined that the proposed future land use mapamendment isconsistent 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.
The Community Development Board reviewed the land use plan amendment at its public hearing on June 18, 2013 and unanimously
recommended approval.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 18
Ordinance No. 8410-13
ORDINANCE NO. 8410-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF MONTCLAIR ROAD AND
NORTH BELCHER ROAD, CONSISTING OF A PORTION OF
THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 6,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2200 & 2251 MONTCLAIR ROAD,
TOGETHER WITH THE ABUTTING RIGHTS OF WAY, LESS
NORTH BELCHER ROAD, AND RIGHT OF WAY TO THE WEST
OF THE MONTCLAIR ROAD RIGHT OF WAY, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL MEDIUM (RM), PRESERVATION (P), AND
WATER/DRAINAGE FEATURE (WATER); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City’s comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property Land Use Category
See Exhibit A for legal description Residential Medium (RM)
Preservation (P) and
Water/Drainage
Feature (Water)
(LUP2013-04002)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance.
Attachment number 1 \nPage 1 of 7
Item # 18
Ordinance No. 8410-13
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ___________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 7
Item # 18
Attachment number 1 \nPage 3 of 7
Item # 18
Attachment number 1 \nPage 4 of 7
Item # 18
Attachment number 1 \nPage 5 of 7
Item # 18
All of the right-of-way of Montclair Rd., C.R. 584, lying in the East ½ of NE ¼ of
Section 01, Township 29 South, Range 15 East, together with all of the right-of-way
of Montclair Rd., C.R. 584, and Sunset Point Rd., C.R. 576, lying in the NW ¼ of
Section 06, Township 29 South, Range 16 East.
Attachment number 1 \nPage 6 of 7
Item # 18
S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Rd 2200 and 2251 LUP2013-04002 - Webb
Nursery\Maps\Maps W_O Belcher\LUP_REZ2013-04002 Future Land Use Map.doc
WATER
P
RU
IL
RU
RM
P
RU
RU
RM
CG
R/O/R
RU RURU
RLM
P
R/OG
RU
RL
RL
RURU
T/U
CG
RU
R/OG
RL
RU
IL
WATER
P
RURU
RU
RM
WATER
R/OS
RL
WATER
RU
RU
RU
RM
BELC H E R R D
SUNSET POINT RD
UTO PIAN DR
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D
C
O
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C
H
M
A
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ATLANTIS DR
ALBRIGHT DR
STETSON DR
SUNNYDALE BLVD
ELMHURST DR
GLENVILLE DR
BECKETT LAKE DR
CITRU S C T
SI
D
N
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Y
A
V
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SUN TREE DR
LA
N
S
I
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D
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2030
2001
2000
2010
2006
2022
2026
2101
1831
1937
2170 1822
1834
2088
2020 2022
1827
1821
1826
1832
1850
1816
1822
1828
1821
1827
1815
1833
1851
1857
1864
1816
1822
1815
1827
1821
1863
1857
1851
18701869
1834
1870
1863
1857
1869
1851
1827
1815
1821 1822
1816
1864
1870
1821
1827
1809
1815
18331831
2121
2286
2146
1831
2140
2141
1961
1880
2329
1876
1965
1907
1844
1935
1918
1831
2181
1958
2254
21 87
1962
2091
1931
1833
18312146
1833
2 0 5 0
1962
2124
2111
1967
1876
2140
1901
2111
2101
21 82
2089
2101
2123
1875
2120
1979
2072
1951
1968
1831
1844
2090
2102
2301
2134
2230
1970
2224
2074
1914
1966
1943
1869
1876
2160
1875
1875
1831
2188
2116
2131
2175
1831
1971
1856
2248
1950
2130
2117
1875
1 9 8 5
1921 (Al
1930 thr
1911 thr
1911 (Ba
1910 thr
MO NTCLAIR RD
N
A
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PERTH ST
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A R B O R L N
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L A K E VIE W D
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2316
2018
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18311831
1801
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1919
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1959
1943
1946
21
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18381828
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1828
1852
1858
1852
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1846
1864
1858
1845
1839
1846
1858
1852
1845
1839
1857
1851
1869
1863
223
6
22
42
2281
1934
1831
2 1 6 4
2 16 5
212
2
1975
1928
1839
2277
1831
1955
2 1 5 8
1900
1831
1960
1972
19
3
1
1938
1963
1973
1912
1831
21
2
5
1845
2 1 7 0
1831
2279
2285
1831
1925
213
1
1887
2 1 7 6
21
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21
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19 75
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1955
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216
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19 69
2193
2275
1922
1947
1926
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1977
1840
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2251
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1954
21
1
9
1942
1930
2308
1893
1967
21
4
5
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1950
21
8
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1810
2 1 4 71932
2273
21
1
0
1863
19 81
1931
1984
2263
1951
1990
1913
21
5
5
19 63
1831
1831
19
3
9
1846
1831
2
1
9
4
1857
1906
1891
1831
21
44
1831
2267
1949
1936
21
1
2
2128
21
3
4
1924
1831
2271
21
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2 1 5 2
2304
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1973
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FUTURE LAND USE MAP
Owners: David B. and Sharon Webb
Webb’s Nursery, Inc. Case: LUP2013-04002
REZ2013-04002
Site: 2200 Montclair Road
2251 Montclair Road
Property Size:
R.O.W. :
23.75 (Acres)
3.09 (Acres)
Land Use Zoning PIN: 06-29-16-00000-230-0100
06-29-16-00000-230-0200 From :
To:
RU, P, Water RPD-7.5
RM, P, Water MHDR, P Atlas Page: 254A
RM
Attachment number 1 \nPage 7 of 7
Item # 18
MOTION TO AMEND ORDINANCE NO. 8410-13 ON SECOND READING
Amend the title of the ordinance to read as follows:
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE
FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED
ON THE SOUTHWEST CORNER OF MONTCLAIR ROAD AND NORTH BELCHER
ROAD, CONSISTING OF A PORTION OF THE SOUTHWEST ¼ OF THE
NORTHWEST ¼ OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 2200 & 2251 MONTCLAIR ROAD, TOGETHER WITH
ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584, LYING IN THE EAST
½ OF THE NE ¼ OF SECTION 01, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
TOGETHER WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584,
AND SUNSET POINT ROAD, C.R. 576, LYING IN THE NW ¼ OF SECTION 06,
TOWNSHIP 29 SOUTH, RANGE 16 EAST TOGETHER WITH THE ABUTTING
RIGHTS OF WAY, LESS NORTH BELCHER ROAD, AND RIGHT OF WAY TO THE
WEST OF THE MONTCLAIR ROAD RIGHT OF WAY, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL MEDIUM (RM), PRESERVATION (P),
AND WATER/DRAINAGE FEATURE (WATER); PROVIDING AN EFFECTIVE DATE.
Amend Exhibit B of the Ordinance to exclude the right-of-way of Belcher Road
and to represent the correct Preservation (P) boundary on the property affected by this
ordinance.
_____________________________
Pamela K. Akin
City Attorney
October 16, 2013
Attachment number 2 \nPage 1 of 2
Item # 18
Exhibit B
RM
WATER
P
RM
P
P
RM20
5
0
1950
1962
1930
1940
1910
19201923
1911
1931
19392076
2072
1 9 8 3
1977
1971
1965
2085
2091
218821942193
2175
2187
2181
2165
2141
1924
1906
1936
2125
2113
2101
1978
1984
1966
1968
2111
2123
2117
1816
1822
1840
1834
1828
1846
1852
1858
1864
1870
1876
1852
1816
1828
1834
1840
1822
1864
1870
1876
1858
1851
1840
1815
1821
1827
1839
1833
1816
1822
1828
1834
1858
1864
1870
1876
2254
2230
2224
2242
2248
2236
1845
1851
1863
1869
1875
1 8 8 1
1887
1899
1893
2101
1831
2101
2170 1822
1834
2095
2086
2082
2081
2087
20202019 20222021
2209
1851
1831 1831
2146
1831
2140
1961
2277
188
0
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1907
1844
1831
18312146
2279
1925
2124
2124
1967
2140
1901
1955
2182
2089
1969
2120
1979
1951
1831
1844
2090
2102
2134
2074
1919
2185
1943
2160
1875
1831
2116
1913
1963
1831
1831
2130
2267
1949
2134
2052
1 9 8 5
2300
IL
RM
RU
RU
RM
CG
P
R/O/R
RLM
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P
RM
BELC H E R R D
SUNSET POINT RD
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ELMHURST DR
GLENVILLE DR
BE
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LA
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PEPPERMILL DR
PERTH ST
2086
2 1 5 2
1912
1918
1900
19301932
2131
2107
2119
1960
1972
1990
2122
2116
2104
2110
2128
2251
2251
2155
2200
1846 1846
1852
1857
200
18311831
192
191
191
192
195
193
194
20952095
2080
2084
2088
2079
2083
2085
2231
1821
1827
1839
1815
1833
1845
1857
1815
1827
1821
1863
1857
1851
1869
1863
1857
1869
1845
1839
1827
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2 1 6 4
19
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19
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19
19
19
1931
1833
1831
1845
2 1 7 0
1831
2285
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2 1 7 6
2265
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1975
186
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8
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2 147
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1869
1875
1863
1981
19
2263
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1831
1831
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2144
2112
1875
1831
2271
2142
1973
MONTCLAIR RD
N
A
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H
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CITRUS CT
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SHANGRILA DR
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SUN TREE CIR
CAMELOT DR ARBOR
ET GROVE LN
L A K E V I E W D R
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FUTURE LAND USE MAP
Owners: David B. and Sharon Webb
Webb’s Nursery, Inc. Case: LUP2013-04002
REZ2013-04002
Site: 2200 Montclair Road
2251 Montclair Road
Property Size:
R.O.W. :
23.75 (Acres)
3.09 (Acres)
Land Use Zoning
PIN: 06-29-16-00000-230-0100
06-29-16-00000-230-0200 From :
To:
RU, P, Water RPD-7.5
RM, P, Water/
Drainage Feature MHDR, P Atlas Page: 254A
DRAINAGE
FEATURE
/
Attachment number 2 \nPage 2 of 2
Item # 18
F.4.
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: June 18, 2013
AGENDA ITEM: F.4.
CASE: LUP2013-04002
REQUEST: To amend the present Future Land Use Map designations from Residential Urban (RU),
Preservation (P) and Water/Drainage Feature to Residential Medium (RM), Preservation
(P) and Water/Drainage Feature.
GENERAL DATA:
Agent……………………… E.D. Armstrong, Esquire, Hill Ward and Henderson, Attorneys at Law
Applicant / Owner.............. David B. and Sharon Webb and Webb’s Nursery, Inc.
Location……..................... 2200 and 2251 Montclair Road, located west of North Belcher Road between Sunset
Point Road and Montclair Road.
Property Size…................. 23.75 total acres; 15.85 acres of uplands
ANALYSIS:
Site Location and Existing Conditions:
This case involves two parcels with a total acreage of 23.75
located on the west side of North Belcher Road between Sunset
Point Road and Montclair Road. The western parcel (11.23
acres), addressed as 2200 Montclair Road, is owned by David B.
and Sharon Webb and contains a single family home and one
building (7,984 square feet) associated with the wholesale plant
nursery. The eastern parcel (12.52 acres), addressed as 2251
Montclair Road, is owned by Webb’s Nursery, Inc. and is
currently used as a wholesale plant nursery with two buildings
(totaling 6,280 square feet) and planting areas. The subject site
was acquired in 1921 by the Webb family and was part of Webb
family land holdings in the area that originally totaled 150 acres.
From 1921 to 1950 the Webb family’s 150 acres operated as an
orange grove and contained a single family home built in 1925
where the Webb family lived. In 1950 the eastern portion of the
subject property was converted to a plant nursery, with the single
family home remaining on the western portion. Other parcels of
the original land holding were sold off and others retained (e.g.,
the property to the east is owned by the Webb family but has a
long-term lease agreement with Publix Super Markets, Inc.).
Both properties contain preservation land and portions of Beckett
Lake, totaling approximately 7.9 acres; the remaining 15.85 acres
is developable uplands. The parcels are both currently under the
jurisdiction of Pinellas County, but a Petition for Annexation
(ANX2013-04007) in the City is being processed concurrently
with this application.
Attachment number 3 \nPage 1 of 11
Item # 18
Community Development Board – June 18, 2013
Revised for City Council Meeting October 16, 2013
LUP2013-04002- Page 2 of 11
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Request:
The request is to change the property’s Future Land
Use Map designations of Residential Urban (RU),
Preservation (P) and Water/Draining Feature to
Residential Medium (RM), Preservation (P) and
Water/Drainage Feature. There is a slight decrease
from the total acreage currently designated as
Preservation (P) and to the proposed Preservation (P)
classification since the proposed is based on an
accurate jurisdicitonal wetland survey approved by
the Southwest Florida Water Management District
(SWFWMD). The subject property will function with
the existing single family home use and plant
wholesale nursery use until the property is sold and
redeveloped. It is anticipated that the single family
home will remain and the rest of the property will be
redeveloped as multifamily housing. A development
application has not been submitted at this time;
however, the applicant understands all necessary
approvals and permits must be obtained before
development of the subject site occurs.
Vicinity Characteristics:
Adjacent to the property, to the north (across
Montclair Road) are condominiums and townhomes,
to the south (across Sunset Point Road) is a pharmacy
and offices, to the west is an assisted living facility,
single family homes and the remainder of Beckett
Lake, and to the east (across North Belcher Road) is a
grocery store, bank and gas station. Abutting the
subject property is a variety of Future Land Use Map
classifications; the Residential/Office/Retail (R/O/R)
classification shares the largest portion of the linear
perimeter boundary with approximately 1,418 feet or
33 percent (see Figure 1). The area is characterized
by primarily residential development to the north and
west and primarily commercial and office uses to the
south and east.
A complete listing of the surrounding land uses,
Future Land Use Map designations and Zoning Atlas
designations are shown in Table 1. In addition, a
comparison between the uses and intensities allowed
by the present and proposed Future Land Use Map
Attachment number 3 \nPage 2 of 11
Item # 18
Community Development Board – June 18, 2013
Revised for City Council Meeting October 16, 2013
LUP2013-04002- Page 3 of 11
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
designations appears in Table 2.
Figure 1. Abutting Future Land Use Designations
Table 1. Surrounding Future Land Use and Zoning Designations
Existing Conditions
Existing Use(s) FLUM Designation Zoning Atlas Designation
Direction
North: Condominiums, townhomes Residential Urban (RU) RPD-7.5 (County)
East: Grocery store, bank, gas
station
Residential/Office/Retail
(R/O/R) Commercial (C)
South: Pharmacy, Car wash Commercial General (CG) Commercial (C)
West: Assisted living facility, single
family homes, lake
Residential Low Medium
(RLM); Residential Urban
(RU); Water/Drainage
Feature; Preservation (P)
Medium Density Residential
(MDR); Low Medium Density
Residential (LMDR);
Preservation (P)
Table 2. Uses and Intensities Allowed by Present and Proposed Future Land Use Designations
Present FLUM Designation
Residential Urban (RU)
Requested FLUM Designation
Residential Medium (RM)
Primary Uses:
Urban Low Density Residential Moderate to High Density
Residential
Maximum Density: 7.5 Dwelling Units Per Acre 15 Dwelling Units Per Acre
Maximum Intensity: FAR 0.40; ISR 0.65 FAR 0.50; ISR 0.75
Consistent Zoning Districts:
Low Medium Density Residential
(LMDR); Medium Density
Residential (MDR)
Medium Density Residential
(MDR); Medium High Density
Residential (MHDR)
5%
33%
4%8%
31%
18%
1%Commerical General
(CG)
Residential/Office/
Retail (R/O/R)
Residential/Office
General (R/OG)
Residential Low
Medium (RLM)
Residential Urban (RU)
Water/Drainage Feature
Preservation (P)
Attachment number 3 \nPage 3 of 11
Item # 18
Community Development Board – June 18, 2013
Revised for City Council Meeting October 16, 2013
LUP2013-04002- Page 4 of 11
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
REVIEW CRITERIA:
No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for
approval or receive a final action of approval unless it complies with the standards contained in
Section 4-603.F, Community Development Code. Table 3 depicts the consistency of the
proposed amendment with the standards as per Section 4-603.F:
Table 3. Consistency with Community Development Code Standards
CDC Section 4-603 Standard Consistent Inconsistent
F.1 The amendment will further implementation of the
Comprehensive Plan consistent with the goals, policies
and objectives contained in the Plan.
X
F.2 The amendment is not inconsistent with other provisions
of the Comprehensive Plan.
X
F.3 The available uses, if applicable, to which the property
may be put are appropriate to the property in question and
compatible with existing and planned uses in the area.
X
F.4 Sufficient public facilities are available to serve the
property.
X
F.5 The amendment will not adversely affect the natural
environment.
X
F.6 The amendment will not adversely impact the use of
property in the immediate area.
X
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendment include:
Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to
accommodate public demand and promote infill development.
Policy A.2.2.2 Residential land uses shall be sited on well-drained soils, in proximity to parks,
schools, mass transit and other neighborhood-serving land uses.
Goal A.4 The City shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of existing
development exceeds the desired levels of service will be upgraded consistent with the target
dates for infrastructure improvements included in the applicable functional plan element.
Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised
of a hierarchy of places and linkages. The citywide design structure will serve as a guide to
development and land use decisions while protecting those elements that make the City uniquely
Clearwater.
Attachment number 3 \nPage 4 of 11
Item # 18
Community Development Board – June 18, 2013
Revised for City Council Meeting October 16, 2013
LUP2013-04002- Page 5 of 11
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Policy A.5.2.3 Identify Designated Scenic Non-Commercial Corridors: specially designated
roadway for which policies exist to preserve traffic capacity and to protect the aesthetic qualities
of the roadway corridor as well as limiting commercial development.
Objective A.5.3 Use the city-wide design structure as a guide to preserve the existing character
of certain corridors within the City of Clearwater.
Policy A.5.3.1 Preserve the residential character of the designated scenic non-commercial
corridor of Belcher Road from Sunset Point Road to the northern City Limits.
Objective A.6.2 The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill development
that is consistent and compatible with the surrounding environment.
Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and
corridors, and promote redevelopment activities in these areas.
Policy B.1.3.1 Requests for amendment to the Future Land Use Map will have an analysis of
traffic impacts.
Objective B.1.4 The City shall specifically consider the existing and planned LOS the road
network affected by a proposed development, when considering an amendment to the land use
map, rezoning, subdivision plat, or site plan approval.
Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional
new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of
the City of Clearwater.
Policy F.1.5.3 The City shall protect and prevent disturbance of any natural wetland areas
whether publicly or privately owned, by utilizing assessments and authority provided by the
Florida Department of Environmental (FDEP), the Southwest Florida Water Management
District (SWFWMD), Pinellas County and the Army Corps of Engineer.
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
Residential Medium (RM) category provides a transition from the higher intensity commercial
and office uses to the south and east to the lower density single family homes to the west and is
compatible with the attached dwelling uses to the north. Although an application for
development has not been submitted at this time the property owners have indicated their intent
to sell the eastern parcel for redevelopment as multifamily housing. This will add to the
availability of housing type choices in the vicinity and City. The subject site is located in an
otherwise developed urban area so presents a unique opportunity for infill development of an
approximately 15.85 acre upland site that has been used for agriculture uses for over nine
decades. This is a rare opportunity due to the City’s limited supply of vacant land. The subject
site is located in proximity to parks (Frank Tack Park and Montclair Park, both a short distance
to the west), schools (three elementary schools and two middle schools are less than two miles
Attachment number 3 \nPage 5 of 11
Item # 18
Community Development Board – June 18, 2013
Revised for City Council Meeting October 16, 2013
LUP2013-04002- Page 6 of 11
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
from the subject site), mass transit (PSTA Route 76 operates to the north of the subject site,
approximately 0.4-mile walking distance) and other neighborhood-serving uses (e.g., pharmacy
to the south; bank and grocery store to the east). The proposed amendment also supports the
goals, objectives and policies related to the citywide design structure, particularly the
preservation of North Belcher Road as a Scenic Non-Commercial Corridor that is residential in
character.
In addition, the proposal does not degrade the level of service for public facilities below the
adopted standards (a detailed public facilities analysis follows in this report). The applicant has
submitted a traffic impact analysis concluding that the impact of the proposed Future Land Use
classification does not degrade the abutting rights-of-way below the acceptable levels-of-service.
The eastern parcel had a jurisdictional wetland survey performed in 2008 coordinated with the
South West Florida Water Management District (SWFWMD) providing a clear delineation of the
wetlands to be preserved.
Consistency with the Countywide Plan Rules
Recommended Findings of Fact:
Section 2.3.3.2.2 of the Countywide Plan Rules states that the purpose of the Residential Medium
(RM) future land use classification is to depict those areas of the county that are now developed,
or appropriate to be developed, for in a moderately intensive residential manner; and to
recognize such areas as primarily well-suited for residential uses that are consistent with the
urban qualities, transportation facilities and natural resource characteristics of such areas. Section
2.3.3.2.2 also states that the Residential Medium (RM) future land use classification is generally
appropriate to locations within or in proximity to urban activity centers; in areas where use and
development characteristics are medium density residential in nature; and in areas serving as a
transition between less urban and more urban residential and mixed-use areas. These areas are
typically in proximity to and may have direct access from the arterial and thoroughfare highway
network. The site is also located within a segment of North Belcher Road that has been
designated a Scenic/Non-commercial Corridor and classified as Residential according to Section
4.2.7.1.3 of the Countywide Rules. Residential Corridors are areas characterized by low density
residential uses and classified as Residential Suburban (RS), Residential Low (RL), or
Residential Urban (RU) on the Countywide Future Land Use Plan. Regarding Residential
Classification, Section 4.2.7.1.4.B.1 states that an amendment to the Countywide Plan Map to
increase residential density shall be discouraged, except where such amendment is determined to
be consistent with the existing delineation of Countywide Plan Map categories, adjoining
existing use, and the purpose and intent of the Scenic/Noncommerical Corridor Plan Element.
The subject property is located adjacent to residential uses to the north and west and commercial
and office uses to the south and east; the Residential Medium (RM) classification would serve as
a transition from the residential uses to the north and west to the commercial and office uses to
the south and east. The subject property shares a north-south border of approximately 596 feet to
the west with single family homes; 460 feet of which (77 percent) is Beckett Lake. Beckett Lake
serves as a natural buffer between the subject site and these single family homes to the west. The
portion of the Top of the World multifamily residential development immediately adjacent to the
subject property across Montclair Road is developed at 7.5 dwelling units per acre, but the
Attachment number 3 \nPage 6 of 11
Item # 18
Community Development Board – June 18, 2013
Revised for City Council Meeting October 16, 2013
LUP2013-04002- Page 7 of 11
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
portion of the Top of the World development
approximately 490 feet west of the subject property
across Montclair Road is developed at 15 units per
acre under the Residential Medium (RM)
classification.
The property has frontage on three roads. Both North
Belcher Road and Sunset Point Road are minor
arterials and Montclair Road is a collector. The
subject property is in proximity to two of the City’s
activity centers (Hercules Industrial Park is
immediately south of the subject property and the
Countryside Mall/Westfield Area is approximately
1.2 miles from the subject property). Even though
this segment of North Belcher Road has the
Scenic/Noncommercial Corridor subclassification of
Residential Corridor, which is intended for low
density residential development, the east side of
North Belcher Road, between Montclair Road and
Willow Tree Trail (the Top of the World residential
development) has the Residential Medium future
land use classification. Additionally, the eastern
portion of this segment of North Belcher Road at the
intersection of Sunset Point Road, directly across Belcher Road from the subject property, has
the Mixed Use subclassification which is compatible with residential densities in the Residential
Medium (RM) classification (see Figure 2). So although the proposed amendment of the subject
property to a higher residential density classification is discouraged, it is consistent with existing
development along the same segment of the North Belcher corridor.
Recommended Conclusions of Law:
The proposed Future Land Use Map amendment is consistent with the purpose and locational
characteristics of the Countywide Plan Rules. The proposed Future Land Use Map amendment is
consistent with the Scenic/Noncommercial Corridor Plan Element as it is consistent with
adjoining existing uses and uses to the northeast along the same segment of North Belcher Road.
Compatibility with Surrounding Property/Character of the City & Neighborhood [Section
4-603.F.3 and Section 4-603.F.6]
Recommended Findings of Fact:
Existing surrounding uses consist of single family homes, an assisted living facility,
condominiums, townhomes, a grocery store, a bank, a gas station, an office and a pharmacy. The
future land use designations of surrounding properties include Residential Urban (RU) (7.5
dwelling units per acre; FAR 0.40), Residential Low Medium (RLM) (10 dwelling units per acre;
FAR 0.50), Residential/Office/Retail (R/O/R) (18 dwelling units per acre; FAR 0.40),
Figure 2. Scenic/Non-commercial
Corridor Map – Belcher Rd. & Sunset
Point Rd. Segment
Attachment number 3 \nPage 7 of 11
Item # 18
Community Development Board – June 18, 2013
Revised for City Council Meeting October 16, 2013
LUP2013-04002- Page 8 of 11
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Residential/Office General (R/OG) (15 dwelling units per acre; FAR 0.50), and Commercial
General (CG) (24 dwelling units per acre; FAR 0.55). Just diagonal (but not contiguous) to the
subject property to the northwest, are properties with the Residential Medium (RM)
classification. The proposed Residential Medium (RM) (15 dwelling units per acre; FAR 0.50)
classification with multifamily housing is compatible with the surrounding properties and
neighborhood.
Recommended Conclusions of Law:
The Residential Medium (RM) future land use classification requested is consistent with the
surrounding future land use classifications that exist in the vicinity of the subject property. The
proposed future land use designation will allow the development of residential uses at a density
and scale that is consistent with existing residential, commercial and office uses in the vicinity of
the subject property. As such, the proposed amendment will allow development that is in
character with the surrounding area.
The proposed Residential Medium (RM) future land use designation is in character with the
overall Future Land Use Map designations in the area. Further, the proposal is compatible with
surrounding uses and consistent with the character of the surrounding properties and
neighborhood.
Sufficiency of Public Facilities [Section 4-603.F.4]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the
property, the maximum development potential of the property under the present and requested
Future Land Use Map designations was analyzed. The request for amendment to the Residential
Medium (RM) Future Land Use Map category would increase the amount of development
potential allowed on the site (see Table 4).
Table 4. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designation
“RU”
Requested FLUM
Designation
“RM”
Net Change
Site Area (uplands) 15.85 AC
(690,426 SF)
15.85 AC
(690,426 SF)
Maximum Development
Potential
118 DUs
276,170 SF
0.40 FAR
237 DUs
345,213 SF
0.50 FAR
119 DUs
69,043 SF
0.10 FAR
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres FAR – Floor Area Ratio
SF – Square feet
As shown in Table 5, the proposed change will result in an increase in demand of public facilities
and services, but will not degrade them below acceptable levels.
Attachment number 3 \nPage 8 of 11
Item # 18
Community Development Board – June 18, 2013
Revised for City Council Meeting October 16, 2013
LUP2013-04002- Page 9 of 11
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 5. Public Facilities Level of Service Analysis
Maximum Potential Impact to Public
Facilities/Services
Net
Change
Capacity
Available?
Public Facility/Service Present FLUM
Designation
“RU”
Requested FLUM
Designation “RM”
Streets 1,078 Trips1 1,617 Trips1 539 Yes
Potable Water 19,984 GPD2 61,714 GPD2 41,730 Yes
Wastewater 16,013 GPD2 55,543 GPD2 39,530 Yes
Solid Waste 150.5 Tons/Year 600.7 Tons/Year 450.2 Yes
Parkland 1.0 Acres3 2.1 Acres3 1.1 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
Residential Urban (RU) – 68 vehicle trips per day per acre.
Residential Medium (RM) – 102 vehicle trips per day per acre.
2. GPD – Gallons per day.
3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
As shown in Tables 6 and 7 below, there is a potential increase of 58 PM Peak Hour trips
associated with the request for amendment to the Residential Medium (RM) future land use
classification. However, this potential increase will not decrease the current level of service for
either roadway. Both North Belcher Road and Sunset Point Road currently operate above the
adopted level of service standard (LOS D or better).
A traffic analysis was prepared by the applicant based on a methodology approved by the City’s
Engineering Department. The level of service for the intersections and roadway segments studied
is acceptable (LOS D or better) with the expected vehicular trips generated from the proposed
residential development. The need of exclusive turn lanes to an unsignalized driveway will be
evaluated when an application for development approval is submitted.
Table 6. Maximum Potential Traffic – North Belcher Road
North Belcher Road
(Sunset Point Rd. to Countryside Rd.)
Existing
Conditions
Current
FLUM1
Proposed
FLUM2
Net New
Trips
Potential Additional Maximum Daily Trips N/A 1,078 1,617 539
Potential Additional Maximum PM Peak HourTrips3 N/A 102 154 52
Roadway Volume (Annual Average Daily) 26,1284 27,206 27,745 539
Roadway Volume (PM Peak Hour)3 1,365 1,482 1,540 58
Roadway Level of Service PM Peak Hour C4 C5 C5
Adopted Roadway Level of Service Standard D Peak Hour
Abbreviations and Notes:
N/A = Not Applicable.
FLUM = Future Land Use Map, Clearwater Comprehensive Plan.
1. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) future land use category.
2. Based on PPC calculations of 102 trips per day per acre in the Residential Medium (RM) future land use category,
Religious/Civic Facilities use.
3. Based on MPO K-factor of 0.095.
4. Source: Pinellas County Metropolitan Planning Organization 2012 Level of Service Report.
5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2012 Level of Service
Report and the 2009 Florida Department of Transportation Quality/Level of Service Handbook.
Attachment number 3 \nPage 9 of 11
Item # 18
Community Development Board – June 18, 2013
Revised for City Council Meeting October 16, 2013
LUP2013-04002- Page 10 of 11
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 7. Maximum Potential Traffic- Sunset Point Road
Sunset Point Road
(Belcher Rd. to Keene Rd.)
Existing
Conditions
Current
FLUM1
Proposed
FLUM2
Net New
Trips
Potential Additional Maximum Daily Trips N/A 1078 1617 539
Potential Additional Maximum PM Peak HourTrips3 N/A 102 154 52
Roadway Volume (Annual Average Daily) 25,2304 26,308 26,847 539
Roadway Volume (PM Peak Hour)3 1,098 1,215 1,273 58
Roadway Level of Service PM Peak Hour B4 B5 B5
Adopted Roadway Level of Service Standard D Peak Hour
Abbreviations and Notes:
N/A = Not Applicable.
FLUM = Future Land Use Map, Clearwater Comprehensive Plan.
1. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) future land use category.
2. Based on PPC calculations of 102 trips per day per acre in the Residential Medium (RM) future land use category,
Religious/Civic Facilities use.
3. Based on MPO K-factor of 0.095.
4. Source: Pinellas County Metropolitan Planning Organization 2012 Level of Service Report.
5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2012 Level of Service
Report and the 2009 Florida Department of Transportation Quality/Level of Service Handbook.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the traffic generated by the proposed
amendment will not result in the degradation of the existing level of service on either North
Belcher Road or Sunset Point Road. There is an increase in demand for potable water and
parkland, and generation of wastewater and solid waste, but there is adequate capacity to
accommodate the maximum demand generated by the proposed amendment.
Impact on Natural Resources [Section 4-603.F.5]
Recommended Findings of Fact:
Wetlands are located on the subject property, as determined by the 2008 South West Florida
Water Management District jurisdictional wetland survey. There are trees and landscaping on
site.
Recommended Conclusions of Law:
Any proposed redevelopment is required to be compliant with the City’s tree preservation,
landscaping, storm water management and wetland vegetative buffer requirements.
REVIEW PROCEDURE:
Approval of the Future Land Use Map amendment does not guarantee the right to develop the
subject property. The Future Land Use Map amendment is subject to approval by the Pinellas
Planning Council and Board of County Commissioners acting as the Countywide Planning
Authority. Based on the size of the parcel, review and approval by the Florida Department of
Economic Opportunity (Division of Community Planning) is required. The property owner must
comply with all laws and ordinances in effect at the time development permits are requested,
including transportation concurrency provisions of the Concurrency Management System in
Division 9, Community Development Code.
Attachment number 3 \nPage 10 of 11
Item # 18
Community Development Board – June 18, 2013
Revised for City Council Meeting October 16, 2013
LUP2013-04002- Page 11 of 11
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
RECOMMENDATION:
Based on the foregoing, the Planning and Development Department recommends the following
action:
Recommend APPROVAL of the request for Future Land Use Map amendment from the
Residential Urban (RU), Preservation (P) and Water/Drainage Feature classifications to the
Residential Medium (RM), Preservation (P) and Water/Drainage Feature classifications.
Prepared by Planning and Development Department Staff:
Catherine Lee, AICP
Planner III
ATTACHMENTS: Resume
Photographs of Site and Vicinity
Attachment number 3 \nPage 11 of 11
Item # 18
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Approve the Zoning Atlas Amendment from RPD-7.5, Residential Planned Development (7.5 UPA Max Density) category (Pinellas
County) to Medium High Density Residential (MHDR) and Preservation (P) (City of Clearwater) for property located at 2200 and 2251
Montclair Road (consisting of a portion of the Southwest ¼ of the Northwest ¼ of Section 6, Township 29 South, Range 16 East)
together with the abutting rights-of-way, less North Belcher Road, and right-of-way to the west of the Montclair Road right-of-way; and
pass Ordinance 8411-13 on second reading.(REZ2013-04002)
SUMMARY:
This Zoning Atlas amendment involves two parcels comprising approximately 23.75 acres in area located on the west side of
North Belcher Road between Sunset Point Road and Montclair Road. This property was annexed into the city on August 14, 2013
(ANX2013-04007), along with the abutting Sunset Point Road and Montclair Road rights-of-way, as well as additional Montclair
Road right-of-way to the west of the property. The western parcel (11.23 acres), addressed as 2200 Montclair Road, is owned by
David B. and Sharon Webb and contains a single family home and one building associated with the wholesale plant nursery. The
eastern parcel (12.52 acres), addressed as 2251 Montclair Road, is owned by Webb’s Nursery, Inc., and is currently used as a
wholesale plant nursery with two buildings and planting areas. Both parcels contain preservation land and portions of Beckett
Lake, totaling approximately 7.9 acres.
This rezoning and companion future land use amendment (LUP2013-04002) was passed on first reading by City Council on July
18, 2013. Ordinance 8411-13 was amended on first reading to remove the Belcher Road right-of-way (less North Belcher Road)
because after the public hearing notice ran in the newspaper it was determined the property could not be annexed into the city. In
order to ensure that the ordinance is clear regarding which rights-of-way are being annexed, a motion to amend is proposed to
include a more accurate legal description of the right-of-way. Additionally, staff is requesting that Council approve a revised
Exhibit B (Zoning Map) which reflects the boundaries of the land to be designated Preservation (P) based on the approved
jurisdictional wetland survey provided for the eastern parcel (part of the proposed motion to amend on second reading).
The Planning and Development Department has determined that the proposed future land use mapamendment isconsistent with
the Community Development Code as specified below:
· The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code;
· The proposed amendment is compatible with the surrounding property and character of the neighborhood;
· The available uses in the Medium High Density Residential (MHDR) District and Preservation (P) District are
compatible with the surrounding area;
· The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of
streets, in an unreasonably or disproportionate manner; and
· The proposed Medium Density Residential (MDR) District and Preservation (P) District boundaries are
appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements
and the natural environment.
The Community Development Board reviewed the application at its public hearing on June 18, 2013 and unanimously
recommended approval of the Zoning Atlas amendment.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 19
Ordinance No. 8411-13
ORDINANCE NO. 8411-13
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF MONTCLAIR ROAD AND
NORTH BELCHER ROAD, CONSISTING OF A PORTION
OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF
SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
WHOSE POST OFFICE ADDRESS IS 2200 & 2251
MONTCLAIR ROAD, TOGETHER WITH THE ABUTTING
RIGHTS OF WAY, LESS NORTH BELCHER ROAD, AND
RIGHT OF WAY TO THE WEST OF THE MONTCLAIR
ROAD RIGHT OF WAY, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS MEDIUM HIGH DENSITY
RESIDENTIAL (MHDR) AND PRESERVATION (P);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property Zoning District
See Exhibit A for legal description Medium High Density
Residential (MHDR) and
Preservation (P)
(REZ2013-04002)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 8410-13 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.
PASSED ON FIRST READING _____________________________
PASSED ON SECOND AND FINAL _____________________________
READING AND ADOPTED
Attachment number 1 \nPage 1 of 7
Item # 19
Ordinance No. 8411-13
___________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________ ___________________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 7
Item # 19
Attachment number 1 \nPage 3 of 7
Item # 19
Attachment number 1 \nPage 4 of 7
Item # 19
Attachment number 1 \nPage 5 of 7
Item # 19
All of the right-of-way of Montclair Rd., C.R. 584, lying in the East ½ of NE ¼ of
Section 01, Township 29 South, Range 15 East, together with all of the right-of-way
of Montclair Rd., C.R. 584, and Sunset Point Rd., C.R. 576, lying in the NW ¼ of
Section 06, Township 29 South, Range 16 East.
Attachment number 1 \nPage 6 of 7
Item # 19
S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Rd 2200 and 2251 LUP2013-04002 - Webb
Nursery\Maps\Maps W_O Belcher\LUP_REZ2013-04002 Zoning Map.doc
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19 73
1958
225
4
2187
19 62
20
9
1
1931
1833
183121
4
6
2 0 5 0
1887
19
62
21
2
4
21
2
4
19 75
1865
2111
1967
1876
2140
2111
2101
1955
21 82
2089
2101
19 69
2123
1922
1926
1875
1977
2120
1 88 1
1979
2072
1951
1968
1831
1954
1942
1844
2090
2102
2301
2134
2230
1970
2224
2308
1893
19 67
2074
1919
1950
1914
1966
1943
1869
1876
2160
1875
1875
1831
2188
1931
2116
1951
1913
19 63
1831
1939
2175
2
1
9
4
1971
1856
1891
2248
1950
2130
1949
2134
2117
1875
2304
1 9 8 5
2300
1 87 5
1921 (Al
1930 thr
1923 (Li
1911 thr
1911 (Ba
C
O
P
MDR
IRT
C
I
C
MDR
O
LMDR LMDR
LMDR
LMDR
MONTCLAIR RD
ATLANTIS DR
SIDNEY AVE
A R B O R L N
AMERICUS D
H
A
R
T
F
O
R
D
W
A
Y
SHANGRILA DR
CAMEL
OT DR
THAMES
L A K E VIE W D R
ST CT
T GROVE LN
2316
18311831
1801
19 43
2086
2085
1
2019
2231
1839
1827
1833
1845
1851
1844
1850
1828
1834
1827
1839
1833
1845
1851
1857
1810
1840
1834
1828
1852
1858
1827
1851 1852
1840
1846
1864
1858
1863
1845
1839
1846
1858
1852
1857
2281
2 1 6 4
2 16 5
2122 1975
1839
2277
1831
1955
2 1 5 8
1900
1960
1972
1912
1831
2125
1845
2 1 7 0
1831
2279
2285
1833
1831
1925
2131
21 7 6
2265
1831
2288
2107
2113
2288
1901
2116
2251
1918
2077
1831
1978
2165
2193
2275
19 47
1831
1840
2118
2104
2251
2308
2119
1930
2145
2185
1810
2 14 71932
2273
2110
1863
19 81
1984
2263
1990
2131
2155
1831
1846
1831
1831
1857
1906
18312144
1831
2267
1936
2112
2128
1924
1831
2271
2142
2 1 5 2
1966
1973
1899Traf
1899Traf
2095 B22
1910 thr
S/R
LMDR
LMDR
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
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-
ZONING MAP
Owners: David B. and Sharon Webb
Webb’s Nursery, Inc. Case: LUP2013-04002
REZ2013-04002
Site: 2200 Montclair Road
2251 Montclair Road
Property Size:
R.O.W. :
23.75 (Acres)
3.09 (Acres)
Land Use Zoning
PIN: 06-29-16-00000-230-0100
06-29-16-00000-230-0200 From :
To:
RU, P, Water RPD-7.5
RM, P, Water MHDR, P Atlas Page: 254A
MHDR
Attachment number 1 \nPage 7 of 7
Item # 19
MOTION TO AMEND ORDINANCE NO. 8411-13 ON SECOND READING
Amend the title of the ordinance to read as follows:
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE
ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED
ON THE SOUTHWEST CORNER OF MONTCLAIR ROAD AND NORTH BELCHER
ROAD, CONSISTING OF A PORTION OF THE SOUTHWEST ¼ OF THE
NORTHWEST ¼ OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 2200 & 2251 MONTCLAIR ROAD, TOGETHER WITH
ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584, LYING IN THE EAST
½ OF THE NE ¼ OF SECTION 01, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
TOGETHER WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584,
AND SUNSET POINT ROAD, C.R. 576, LYING IN THE NW ¼ OF SECTION 06,
TOWNSHIP 29 SOUTH, RANGE 16 EAST TOGETHER WITH THE ABUTTING
RIGHTS OF WAY, LESS NORTH BELCHER ROAD, AND RIGHT OF WAY TO THE
WEST OF THE MONTCLAIR ROAD RIGHT OF WAY, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) AND
PRESERVATION (P); PROVIDING AN EFFECTIVE DATE.
Amend Exhibit B of the Ordinance to exclude the right-of-way of Belcher Road
and to represent the correct Preservation (P) boundary on the property affected by this
ordinance.
_____________________________
Pamela K. Akin
City Attorney
October 16, 2013
Attachment number 2 \nPage 1 of 2
Item # 19
Exhibit B
MHDR
P
MHDR
MHDR
20
5
0
1950
1962
1930
1940
1910
19201923
1911
1931
19392076
2072
1 9 8 3
1977
1971
1965
2086 2091
218821942193
2175
2187
2181
2165
2141
1924
1906
1936
2125
211
3
2101
1978
1984
1966
1968
2111
2123
2117
1816
1822
1840
1834
1828
1846
1852
1858
1864
1870
1876
1852
1816
1828
1834
1840
1822
1864
1870
1876
1858
1851
1840
1815
1821
1827
1839
1833
1816
1822
1828
1834
1858
1864
1870
1876
2254
2230
2224
2242
2248
2236
1845
1851
1863
1869
1875
1 8 8 1
1887
1899
1893
2101
1831
2101
2170 1822
1834
2095
2080
2086
2081
2087
20202019 20222021
2209
1851
1831 1831
2146
1831
2140
1961
2277
18
80
1831
1907
1844
1831
18312146
2279
1925
2124
2124
1967
2140
1901
1955
2182
2089
1969
2120
1979
1951
1831
1844
2090
2102
2134
2074
1919
2185
1943
2160
18
75
1831
2116
1913
1963
1831
1831
2130
2267
1949
2134
2052
1 9 8 5
2300
BELC H ER R D
SUNSET POINT RD
UT O P I A N D R
OL
D
C
O
A
C
H
M
A
N
R
D
ALBRIGHT DR
SUNNYDALE BLVD
ST
ET
SO
N DR
ELMHURST DR
GLENVILLE DR
BE
CKE
TT
LAK
E DR
SUN TREE DR
LA
N
S
I
N
G
D
R
PEPPERMILL DR
PERTH ST
C
P
O
MDR
IRT
C
C
MDR
I
O
LMDR
LMDR
LMDR
2085
2 1 5 2
1912
1918
1900
19301932
2131
2107
211
9
1960
1972
1990
2122
2116
2104
2110
2128
2251
2251
2155
2200
1846 1846
1852
1857
20
18311831
19
19
19
19
19
19
19
20952095
2078
2084
2088
2082
2079
2077
2083
2085
2231
1821
1827
1839
1815
1833
1845
1857
1815
1827
1821
1863
1857
1851
1869
1863
1857
1869
1845
1839
1827
1815
1821
2 1 6 4
19
1839
1831
1
2 1 5 8
19
1
1
1931
1833
1831
1845
2 1 7 0
1831
2285
1833
1831
2 1 7 6
2265
1831
1975
18
1831
2275
1
1831
1875
211
8
1
2147
2273
1869
1875
1863
1981
1
2263
19
1831
1831
1831
1831
2144
2112
1875
1831
2271
2142
1973
MONTCLAIR RD
NA
S
H
D
R
CITRUS CT
H
A
R
T
F
O
R
D
W
A
Y
EAST CT
SHANG
RILA DR
SUN TREE CIR
CAMELOT DR A R B O R
ET GROVE LN
L A K E V I E W D
AM E R I C U
OS/R
LMD
LMD
LMD
LMD
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
ZONING MAP
Owners: David B. and Sharon Webb
Webb’s Nursery, Inc. Case: LUP2013-04002
REZ2013-04002
Site: 2200 Montclair Road
2251 Montclair Road
Property Size:
R.O.W. :
23.75 (Acres)
3.09 (Acres)
Land Use Zoning
PIN: 06-29-16-00000-230-0100
06-29-16-00000-230-0200 From :
To:
RU, P, Water RPD-7.5
RM, P, Water/
Drainage Feature MHDR, P Atlas Page: 254A
Attachment number 2 \nPage 2 of 2
Item # 19
F.5.
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: June 18, 2013
AGENDA ITEM: F.5.
CASE: REZ2013-04002
REQUEST: To amend the present Zoning Atlas designation from RPD-7.5, Residential Planned
Development (7.5 Units Per Acre Max Density) category (Pinellas County) to the
Medium High Density Residential (MHDR) and Preservation (P) categories (City of
Clearwater).
GENERAL DATA:
Agent……………………… E.D. Armstrong, Esquire, Hill Ward and Henderson, Attorneys at Law
Applicant / Owner.............. David B. and Sharon Webb and Webb’s Nursery, Inc.
Location……..................... 2200 and 2251 Montclair Road, located west of North Belcher Road between Sunset
Point Road and Montclair Road.
Property Size…................. 23.75 total acres; 15.85 acres of uplands
ANALYSIS:
Site Location and Existing Conditions:
This case involves two parcels with a total acreage of 23.75 located
on the west side of North Belcher Road between Sunset Point Road
and Montclair Road. The western parcel (11.23 acres), addressed as
2200 Montclair Road, is owned by David B. and Sharon Webb and
contains a single family home and one building (7,984 square feet)
associated with the wholesale plant nursery. The eastern parcel
(12.52 acres), addressed as 2251 Montclair Road, is owned by
Webb’s Nursery, Inc. and is currently used as a wholesale plant
nursery with two buildings (totaling 6,280 square feet) and planting
areas. The subject site was acquired in 1921 by the Webb family
and was part of Webb family land holdings in the area that
originally totaled 150 acres. From 1921 to 1950 the Webb family’s
150 acres operated as an orange grove and contained a single
family home built in 1925 where the Webb family lived. In 1950
the eastern portion of the Webb family land holdings was converted
to a plant nursery, with the single family home remaining on the
western portion. Other parcels of the original land holding were
sold off and others retained (e.g., the property to the east is owned
by the Webb family but has a long-term lease agreement with
Publix Super Markets, Inc.). Both properties contain preservation
land and portions of Beckett Lake, totaling approximately 7.9 acres,
the remaining 15.85 acres consisting of developable uplands. The
parcels are both currently under the jurisdiction of Pinellas County,
but a Petition for Annexation (ANX2013-04007) in the City is
being processed concurrently with this application.
Attachment number 3 \nPage 1 of 10
Item # 19
Community Development Board – June18, 2013
Revised for City Council Meeting October 16, 2013
REZ2013-04002- Page 2 of 10
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Request:
The request is to change the property’s Zoning Atlas
designation of RPD-7.5, Residential Planned
Development (7.5 Units Per Acre Max Density)
category (Pinellas County) to the Medium High
Density Residential (MHDR) and Preservation (P)
categories (City of Clearwater).The subject property
will function with the existing single family home
use and plant wholesale nursery use until the
property is sold and redeveloped. It is anticipated
that the single family home will remain and the rest
of the property will be redeveloped as multifamily
housing. A development application has not been
submitted at this time; however, the applicant
understands all necessary approvals and permits
must be obtained before development of the subject
site occurs.
Vicinity Characteristics:
Adjacent to the property, to the north (across
Montclair Road) are condominiums and townhomes,
to the south (across Sunset Point Road) is a
pharmacy and offices, to the west is an assisted
living facility, single family homes and the
remainder of Beckett Lake, and to the east (across
North Belcher Road) is a grocery store, bank and gas
station. Abutting the subject property is a variety of
Zoning Atlas designations; the Commercial District
(C) shares the largest portion of the linear perimeter
boundary with approximately 1,624 feet or 38
percent (see Figure 1). The area is characterized by
primarily residential development to the north and
west and primarily commercial and office uses to the
south and east.
A complete listing of the surrounding land uses,
Future Land Use Map designations and Zoning Atlas
designations are shown in Table 1.
Attachment number 3 \nPage 2 of 10
Item # 19
Comm
Revised for City Council Meeting
Level III Zoning Atlas Amendment Application Review
Figure 1. Abutting Zoning Atlas Designations
Table 1. Surrounding Future Land Use and Zoning Designations
Land Use
Direction
North: Condominiums, townhomes
East: Grocery store, bank, gas
station
South: Pharmacy, Car wash
West: Assisted living facility, single
family homes, lake
REVIEW CRITERIA:
No amendment to the Zoning Atlas
of approval unless it complies with the stan
Development Code. Table 2 below
standards as per Section 4-602.F.
38%
4%
7%
30%
1%
20%
Community Development Board – June18, 2013
Revised for City Council Meeting October 16, 2013
REZ2013-04002- Page 3 of 10
I Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
Figure 1. Abutting Zoning Atlas Designations
nd Use and Zoning Designations
Existing Conditions
FLUM Designation Zoning Atlas Designation
townhomes Residential Urban (RU) RPD-7.5 (County)
Grocery store, bank, gas Residential/Office/Retail
(R/O/R) Commercial (C)
Commercial General (CG) Commercial (C)
Assisted living facility, single
Residential Low Medium
(RLM); Residential Urban
(RU); Water/Drainage
Feature; Preservation (P)
Medium Density Residential
(MDR); Low Medium Density
Residential (LMDR);
Preservation (P)
Zoning Atlas shall be recommended for approval or receive a final action
of approval unless it complies with the standards contained in Section 4-602
below depicts the consistency of the proposed amendment
.
Commercial (C)
Office (O)
Medium Density
Residential (MDR)
RPD-7.5
Low Medium
Density Residential
(LMDR)
Preservation
PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Zoning Atlas Designation
7.5 (County)
Commercial (C)
Commercial (C)
Medium Density Residential
(MDR); Low Medium Density
Residential (LMDR);
Preservation (P)
shall be recommended for approval or receive a final action
602.F, Community
amendment with the
Attachment number 3 \nPage 3 of 10
Item # 19
Community Development Board – June18, 2013
Revised for City Council Meeting October 16, 2013
REZ2013-04002- Page 4 of 10
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 2. Consistency with Community Development Code Standards
CDC Section 4-602 Standard Consistent Inconsistent
F.1 The proposed amendment is consistent with and furthers
the goals, policies and objectives of the Comprehensive
Plan and furthers the purposes of this Development Code
and other city ordinances and actions designed to
implement the plan.
X
F.2 The available uses to which the property may be put are
appropriate to the property which is subject to the
proposed amendment and compatible with existing and
planned uses in the area.
X
F.3 The amendment does not conflict with the needs and
character of the neighborhood and the city.
X
F.4 The amendment will not adversely or unreasonably affect
the use of other property in the area.
X
F.5 The amendment will not adversely burden public
facilities, including the traffic-carrying capacities of
streets, in an unreasonably or disproportionate manner.
X
F.6 The district boundaries are appropriately drawn with due
regard to locations and classifications of streets,
ownership lines, existing improvements and the natural
environment.
X
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Consistency of Development with the Clearwater Comprehensive Plan and Community
Development Code and City Regulations [Section 4-602.F.1]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendment include:
Policy A.1.1.3 Environmentally sensitive wetlands subject to Department of Environmental
Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water
Management District (SWFWMD) shall be designated by “Preservation” (P) zoning and
prevented from being built upon except as permitted by the Preservation Zoning District.
Policy A.2.2.2 Residential land uses shall be sited on well-drained soils, in proximity to parks,
schools, mass transit and other neighborhood-serving land uses.
Goal A.4 The City shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of existing
development exceeds the desired levels of service will be upgraded consistent with the target
dates for infrastructure improvements included in the applicable functional plan element.
Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised
of a hierarchy of places and linkages. The citywide design structure will serve as a guide to
Attachment number 3 \nPage 4 of 10
Item # 19
Community Development Board – June18, 2013
Revised for City Council Meeting October 16, 2013
REZ2013-04002- Page 5 of 10
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
development and land use decisions while protecting those elements that make the City uniquely
Clearwater.
Policy A.5.2.3 Identify Designated Scenic Non-Commercial Corridors: specially designated
roadway for which policies exist to preserve traffic capacity and to protect the aesthetic qualities
of the roadway corridor as well as limiting commercial development.
Objective A.5.3 Use the city-wide design structure as a guide to preserve the existing character
of certain corridors within the City of Clearwater.
Policy A.5.3.1 Preserve the residential character of the designated scenic non-commercial
corridor of Belcher Road from Sunset Point Road to the northern City Limits.
Objective A.6.2 The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill development
that is consistent and compatible with the surrounding environment.
Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and
corridors, and promote redevelopment activities in these areas.
Objective B.1.4 The City shall specifically consider the existing and planned LOS the road
network affected by a proposed development, when considering an amendment to the land use
map, rezoning, subdivision plat, or site plan approval.
Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional
new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of
the City of Clearwater.
Policy F.1.5.3 The City shall protect and prevent disturbance of any natural wetland areas
whether publicly or privately owned, by utilizing assessments and authority provided by the
Florida Department of Environmental (FDEP), the Southwest Florida Water Management
District (SWFWMD), Pinellas County and the Army Corps of Engineer.
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed Medium
High Density Residential (MHDR) and Preservation (P) categories provide a transition from the
higher intensity commercial and office uses to the south and east to the lower density single
family homes to the west and is compatible with the attached dwelling uses to the north.
Although an application for development has not been submitted at this time the property owners
have indicated their intent to sell the eastern parcel for redevelopment as multifamily housing.
This will add to the availability of housing type choices in the vicinity and City. The subject site
is located in an otherwise developed urban area so presents a unique opportunity for infill
development of an approximately 15.85 acre upland site that has been used for agriculture uses
for over nine decades. This is a rare opportunity due to the City’s limited supply of vacant land.
The subject site is located in proximity to parks (Frank Tack Park and Montclair Park, both a
short distance to the west), schools (three elementary schools and two middle schools are less
Attachment number 3 \nPage 5 of 10
Item # 19
Community Development Board – June18, 2013
Revised for City Council Meeting October 16, 2013
REZ2013-04002- Page 6 of 10
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
than two miles from the subject site), mass transit (PSTA Route 76 operates to the north of the
subject site, approximately 0.4-mile walking distance) and other neighborhood-serving uses
(e.g., pharmacy to the south; bank and grocery store to the east). The proposed amendment also
supports the goals, objectives and policies related to the citywide design structure, particularly
the preservation of North Belcher Road as a Scenic Non-Commercial Corridor that is residential
in character.
In addition, the proposal does not degrade the level of service for public facilities below the
adopted standards (a detailed public facilities analysis follows in this report). The eastern parcel
had a jurisdictional wetland survey performed in 2008 coordinated with the South West Florida
Water Management District (SWFWMD) providing a clear delineation of the wetlands to be
preserved.
Compatibility with Surrounding Property/Character of the City & Neighborhood [Section
4-602.F.2, 4-602.F.3 and Section 4-602.F.4]
Recommended Findings of Fact:
Existing surrounding uses consist of single family homes, an assisted living facility,
condominiums, townhomes, a grocery store, a bank, a gas station, an office and a pharmacy. The
Zoning Atlas designations of surrounding properties include Low Medium Density Residential
(LMDR), Preservation (P), Medium Density Residential (MDR), RPD-7.5, Residential Planned
Development (7.5 UPA Max Density) (Pinellas County), Commercial (C), and Office (O). The
portion of the Top of the World development immediately adjacent to the subject property to the
north has the Pinellas County zoning designation of RPD-7.5, Residential Planned Development
(7.5 UPA Max Density), but the portion of the Top of the World development approximately 490
feet west of the subject property to the north has the Pinellas County zoning designation of RM-
15, Residential Multiple Family (15 Units Per Acre Max Density) District which is the County
equivalent of the Medium High Density Residential (MHDR) District in the City.
The proposed Medium High Density Residential (MHDR) District primarily permits moderate to
high density residential. The intent of the Medium High Density Residential (MHDR) District is
to protect and preserve the integrity and value of existing, stable residential neighborhoods of
medium high density while at the same time, allowing a careful and deliberate redevelopment
and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique
amenities which create unique opportunities to increase property values and the overall
attractiveness of the City.
The proposed Zoning Atlas designation will allow infill development of the subject property to
take place. A medium density residential use will serve as an appropriate transition from the
residential areas to the north and west to the commercial and office uses to the south and east,
adding to the appeal of the neighborhood and overall attractiveness of the City.
Recommended Conclusions of Law:
The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations
in the area. Further, the proposal is compatible and consistent with the uses and character of the
surrounding properties and neighborhood in the vicinity of the subject property.
Attachment number 3 \nPage 6 of 10
Item # 19
Community Development Board – June18, 2013
Revised for City Council Meeting October 16, 2013
REZ2013-04002- Page 7 of 10
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the
property, the maximum development potential of the property under the present and requested
Future Land Use Map and Zoning designations were analyzed. Even though this is a Zoning
Atlas amendment application, maximum development potential is based on the underlying future
land use, so for purposes of this analysis sufficiency of public facilities is based on the future
land use map designation. The request for amendment to the Residential Medium (RM) Future
Land Use Map classification would increase the amount of development potential allowed on the
site (see Table 3).
Table 3. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designation
“RU”
Requested FLUM
Designation
“RM”
Net Change
Site Area 15.85 AC
(690,426 SF)
15.85 AC
(690,426 SF)
Maximum Development
Potential
118 DUs
276,170 SF
0.40 FAR
237 DUs
345,213 SF
0.50 FAR
119 DUs
69,043 SF
0.10 FAR
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres FAR – Floor Area Ratio
SF – Square feet
The proposed change in designation would allow an increase in the allowable density and floor
area ratio (FAR) and thus an increase in dwelling units and square footage.
The current RPD-7.5 District (Pinellas County) primarily permits residential uses with a
maximum density of 7.5 units per acre. The proposed Medium High Density Residential
(MHDR) District primarily permits moderate to high density residential uses.
As shown in Table 4 below, the proposed change will result in an increase in demand of public
facilities and services, but will not degrade them below acceptable levels.
Attachment number 3 \nPage 7 of 10
Item # 19
Community Development Board – June18, 2013
Revised for City Council Meeting October 16, 2013
REZ2013-04002- Page 8 of 10
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 4. Public Facilities Level of Service Analysis
Maximum Potential Impact to Public
Facilities/Services
Net
Change
Capacity
Available?
Public Facility/Service Present FLUM
Designation
“RU”
Requested FLUM
Designation “RM”
Streets 1,078 Trips1 1,617 Trips1 539 Yes
Potable Water 19,984 GPD2 61,714 GPD2 41,730 Yes
Wastewater 16,013 GPD2 55,543 GPD2 39,530 Yes
Solid Waste 150.5 Tons/Year 600.7 Tons/Year 450.2 Yes
Parkland 1.0 Acres3 2.1 Acres3 1.1 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
· Residential Urban (RU) – 68 vehicle trips per day per acre.
· Residential Medium (RM) – 102 vehicle trips per day per acre.
2. GPD – Gallons per day.
3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the
estimated trip generation for specific uses allowed in the current and proposed zoning districts
based on the Institute of Transportation Engineer’s (ITE) Trip Generation 9th Edition. The table
shows an increase of 67 PM Peak Trips when comparing the existing uses to the maximum
development potential of the proposed future land use classification. However, when comparing
the existing maximum development potential to the proposed maximum development potential,
the table shows only a slight increase of 29 PM Peak Trips; both increases are minimal. A traffic
analysis was prepared by the applicant based on a methodology approved by the City’s
Engineering Department. The level of service for the intersections and roadway segments studied
is acceptable (LOS D or better) with the expected vehicular trips generated from the proposed
residential development. The need of exclusive turn lanes to an unsignalized driveway will be
evaluated when an application for development approval is submitted.
Attachment number 3 \nPage 8 of 10
Item # 19
Community Development Board – June18, 2013
Revised for City Council Meeting October 16, 2013
REZ2013-04002- Page 9 of 10
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 5. Trip Generation Comparison by Zoning Atlas Designation
Land Use Development
Potential
Avg.
Daily
Trips
Net Change
Avg Daily
Trips
PM Peak
Trips Avg
Rate
PM Peak
Trips
Net
Change
PM Peak
Trips
Existing Designation: RPD-7.5 (Pinellas County)
Existing Single-Family
Detached Home1 (9.57
trips/Dwelling unit)
1 DU5 10 N/A 1.00 1 N/A
Existing Nursery
(Wholesale)2 (29.90
trips/1,000 SF GFA)
14,264 SF6 426 N/A 5.52 79 N/A
Single Family Detached
Housing3 (9.57
trips/Dwelling unit)
118 DU7 1,129 N/A 1.00 118 N/A
Proposed Designation: Residential Medium District
Apartment4 (6.65
trips/Dwelling unit) 237 DU8 1,576
1,140
(Compared w/
Existing)
447
(Compared w/
Maximum
Development
Potential)
0.62 147
67
(Compared w/
Existing)
29
(Compared w/
Maximum
Development
Potential)
Abbreviations and Notes:
N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area
1. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 210.
2. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 818.
3. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 210.
4. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 220.
5. Materials submitted by the applicant indicate there is currently one detached single family home on the western parcel.
6. The Pinellas County Property Appraiser website provides the square footage of the existing Nursery buildings.
7. Total dwelling units permitted by the underlying RU Future Land Use Map category is 7.5 units per acre.
8. Total dwelling units permitted by the underlying RM Future Land Use Map category is 15 units per acre.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the traffic generated by the proposed
amendment will not result in the degradation of the existing level of service on either North
Belcher Road or Sunset Point Road. There is an increase in demand for potable water and
parkland, and generation of wastewater and solid waste, but there is adequate capacity to
accommodate the maximum demand generated by the proposed amendment.
Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Medium High Density Residential (MHDR) District boundaries is
consistent with the boundaries of the subject property. The proposed Medium High Density
Residential (MHDR) District is compatible with the single family residential use to the west, the
multifamily use to the north, and the commercial and office uses to the south and east. The
Attachment number 3 \nPage 9 of 10
Item # 19
Community Development Board – June18, 2013
Revised for City Council Meeting October 16, 2013
REZ2013-04002- Page 10 of 10
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Preservation (P) District boundary is consistent with the 2008 SWFWMD jurisdictional wetland
survey.
Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines, existing improvements and the natural environment.
REVIEW PROCEDURE:
Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject
property. The property owner must comply with all laws and ordinances in effect at the time
development permits are requested, including transportation concurrency provisions of the
Concurrency Management System in Division 9, Community Development Code.
RECOMMENDATION:
Based on the foregoing, the Planning and Development Department recommends the following
action:
Recommend APPROVAL of the request for Zoning Atlas amendment from the RPD-7.5,
Residential Planned Development (7.5 Units Per Acre Max Density) category (Pinellas County) to the
Medium High Density Residential (MHDR) District and Preservation (P) District.
Prepared by Planning and Development Department Staff:
Catherine Lee, AICP
Planner III
ATTACHMENTS: Resume
Photographs of Site and Vicinity
Attachment number 3 \nPage 10 of 10
Item # 19
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Approve a Development Agreement between Enchantment, LLC and the City of Clearwater, providing for the allocation of 92
overnight accommodation units from the Hotel Density Reserve under Beach by Design; adopt Resolution 13-27, and authorize the
appropriate officials to execute same. (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 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
Cover Memo
Item # 20
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.
Furthermore, at the direction of the City Council, that language be added to the development agreement that limits amplified music. The
Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or after
12:00 midnight on Friday and Saturday.
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 the 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:1) Legal 2) Clerk 3) Assistant City Manager 4) City Manager 5) Clerk
Cover Memo
Item # 20
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
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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 6 \nPage 1 of 1
Item # 20
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 7 \nPage 1 of 23
Item # 20
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 7 \nPage 2 of 23
Item # 20
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 7 \nPage 3 of 23
Item # 20
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 7 \nPage 4 of 23
Item # 20
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 7 \nPage 5 of 23
Item # 20
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 7 \nPage 6 of 23
Item # 20
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 7 \nPage 7 of 23
Item # 20
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 7 \nPage 8 of 23
Item # 20
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 7 \nPage 9 of 23
Item # 20
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 7 \nPage 10 of 23
Item # 20
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 7 \nPage 11 of 23
Item # 20
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 7 \nPage 12 of 23
Item # 20
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 7 \nPage 13 of 23
Item # 20
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 7 \nPage 14 of 23
Item # 20
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 7 \nPage 15 of 23
Item # 20
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 7 \nPage 16 of 23
Item # 20
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 7 \nPage 17 of 23
Item # 20
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 7 \nPage 18 of 23
Item # 20
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 7 \nPage 19 of 23
Item # 20
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 7 \nPage 20 of 23
Item # 20
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 7 \nPage 21 of 23
Item # 20
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 7 \nPage 22 of 23
Item # 20
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 7 \nPage 23 of 23
Item # 20
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 8 \nPage 1 of 20
Item # 20
[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 8 \nPage 2 of 20
Item # 20
[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 8 \nPage 3 of 20
Item # 20
[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 8 \nPage 4 of 20
Item # 20
[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.
6.1.9: Limitations on Amplified Music. Developer agrees that there
shall be no outdoor amplified music at the Project after 11:00 p.m. on Sunday
through Thursday, or after 12:00 midnight on Friday and Saturday.
6.1.10: Hotel Lobby and Reservation System. All occupancies, including
occupancies of Ownership Units shall be initiated through a single hotel
reservation system which shall be required as an integral part of the hotel use.
There shall be a lobby/front desk area that must be operated as a typical
lobby/front desk area for a hotel would be operated.
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
Attachment number 8 \nPage 5 of 20
Item # 20
[A04-01420 /130684/2] 6
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.
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.
Attachment number 8 \nPage 6 of 20
Item # 20
[A04-01420 /130684/2] 7
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.
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:
Attachment number 8 \nPage 7 of 20
Item # 20
[A04-01420 /130684/2] 8
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with prior written notice to the City,
provided that such party (hereinafter referred to as the “assignee”), to the extent of
the sale, conveyance, assignment or other disposition by the Developer to the
assignee, shall be bound by the terms of this Agreement the same as the Developer
for such part of the Project as is subject to such sale, conveyance, assignment or
other disposition.
14.1.2 If the assignee of the Developer’s right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer’s
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on 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,
Attachment number 8 \nPage 8 of 20
Item # 20
[A04-01420 /130684/2] 9
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded in
the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer’s successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and
shall with the remainder of this Agreement continue unmodified and in full force and
effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the
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.
Attachment number 8 \nPage 9 of 20
Item # 20
[A04-01420 /130684/2] 10
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which is of general application not governing the development of land shall be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the conflict
of laws principles of such state.
SECTION 24. Counterparts. This Agreement may be executed in counterparts,
all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City, the Developer, and the Association so long as the amendment
meets the requirements of the Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
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:
Attachment number 8 \nPage 10 of 20
Item # 20
[A04-01420 /130684/2] 11
As to City:
CITY OF CLEARWATER, FLORIDA
By: ____
William B Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
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 8 \nPage 11 of 20
Item # 20
[A04-01420 /130684/2] 12
EXHIBIT “A”
Legal Description of Project Site
Attachment number 8 \nPage 12 of 20
Item # 20
[A04-01420 /130684/2] 13
EXHIBIT “B”
Concept Plan
Attachment number 8 \nPage 13 of 20
Item # 20
[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 8 \nPage 14 of 20
Item # 20
[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 8 \nPage 15 of 20
Item # 20
[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 8 \nPage 16 of 20
Item # 20
[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 8 \nPage 17 of 20
Item # 20
[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 8 \nPage 18 of 20
Item # 20
[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 8 \nPage 19 of 20
Item # 20
[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 8 \nPage 20 of 20
Item # 20
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Provide direction on the proposed Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City
of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design and confirm a second
public hearing in City Council Chambers before City Council on November 7, 2013 at 6:00 p.m., or as soon thereafter as may be heard.
(HDA2013-08004)
SUMMARY:
Site Location and Existing Conditions:
The 1.60-acre site (including a 35 foot by 240-foot portion of the South Gulfview Boulevard right-of-way) is bound by South Gulfview
Boulevard (west), Coronado Drive (east) at the intersection of Coronado Drive and Brightwater Drive. The subject property is
comprised of two parcels with a frontage of approximately 244 feet along South Gulfview Boulevard and 355 feet of frontage along
Coronado Drive. The larger of the two parcels sites is occupied by the Beachview Inn, a 64-unit overnight accommodation use built in
1982 (according to Pinellas County Property Appraiser records). The second parcel is occupied by an attached dwelling unit with five
units built in 1954 (also according to Pinellas County Property Appraiser records). The subject property is zoned Tourist (T) District
with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH). The subject property is also located within
the Beach Walk district of Beach by Design.
Access to the portion of the site occupied by the attached dwelling unit is provided by a narrow driveway along Coronado Drive. The
larger parcel is accessed via pair of two-way driveways along Coronado Drive. Parking is provided along the east side of the site. The
hotel building is located along the west side of the site. The attached dwelling building is centrally located on its parcel. A pool area is
located at the southwest corner of the larger parcel. The site enjoys direct access to Beach Walk.
The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and
entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The City’s Beach Walk project has
been constructed transforming South Gulfview Boulevard to the west of this site into a winding beachside promenade with lush
landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond.
Development Proposal:
The owners propose to utilize the otherwise permitted density of 50 units per acre or 80 units and incorporate an additional 100
units from the Hotel Density Reserve through Beach by Design resulting in a total of 180 units (113 units per acre).
The current proposal is to demolish all structures on the site and redevelop the site with a 180-unit overnight accommodation use
(113 rooms per acre, including the allocation of 100 rooms from the Hotel Density Reserve). The building will be 146 feet (from
Base Flood Elevation) to flat roof with parking on the first three levels. The proposal includes a tropical modern architecture,
which is consistent with and complements the tropical vernacular envisioned in Beach by Design.
Consistency with the Community Development Code:
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an Overnight Accommodation use is 20,000 square
feet and between 100 and 150 feet, respectively. The subject property is 69,969 square feet in area and approximately 244 feet
wide. The site is consistent with these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of zero feet to building along the front (east and west) along Coronado Drive and South
Gulfview Boulevard, respectively and sides (west, south and north). 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:
Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building
146 feet in height as measured from BFE where a height of up to 150 feet is permitted as prescribed by the CDC, where
additional density is allocated to the development either by TDRs, via the Destination Resort Density Pool pursuant to the CRD
designation, or via the Hotel Density Reserve where the subject property is located between South Gulfview Boulevard and the
Cover Memo
Item # 21
Gulf of Mexico or on the west side of Coronado Drive. Density is proposed to be augmented through the use a 100 units from the
Hotel Density Reserve and the subject property is located on the west side of Coronado Drive.
This section also requires that portions of any structures that exceed 100 feet be spaced at least 100 feet apart. The applicant has
shown that no portion of the building which exceeds 100 feet is closer than 100 from any other portion of any other building
which exceeds 100 feet. This section also includes overall separation requirements for structures over 100 feet in height as two
options: (1) no more than two structures, which exceed 100 feet within 500 feet; or (2) no more than four structures, which exceed
100 feet within 800 feet.
The proposal provides for a building that exceeds 100 feet in height. The applicant has demonstrated that there are no more than
two structures, which exceed 100 feet within 500 feet thereby fulfilling the requirements of Option 1, above. In addition, the
applicant has demonstrated that there are no more than four structures, which exceed 100 feet within 800 feet thereby fulfilling the
requirements of Option 2, above.
The height of the proposed building is consistent with the guidelines of Beach by Design.
Minimum Off-Street Parking:
The 180-room overnight accommodation use requires a minimum of 216 off-street parking spaces. The 216 parking spaces will be
provided within a parking garage located on the first three 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 foundation landscaping will be provided along the east and west sides of the building. In addition,
landscape buffers will be provided along portions of the north and west sides of the site. Since no perimeter landscape buffers are
required in the Tourist (T) District, the proposed landscape areas meet or 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 100 units from the Hotel Density Reserve;
Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development
Code (CDC) Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;
For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the
recording of a covenant restricting use of such hotel units to overnight accommodation usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a
hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center.
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
Cover Memo
Item # 21
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:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 21
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Item # 21
Resolution No. 13-28
RESOLUTION NO. 13-28
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND
MAINSTREAM PARTNERS VIII, LTD.; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with Mainstream Partners VIII, Ltd.; 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
Mainstream Partners VIII, Ltd. (HDA2013-08004), 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 2 \nPage 1 of 1
Item # 21
LOCATION MAP
Owner:
Mainstream Partners VIII, LTD Case: HDA2013-08004
Site:
325 South Gulfview Boulevard Property Size:
R.O.W. Size:
1.41 acres
0.19 acres
PIN: 07-29-15-52380-000-0630
07-29-15-52380-000-1110
Together with a portion of S Gulfview Blvd
R.O.W.
Atlas Page: 276A
[
PROJECT
SITE
GULF O
F MEXIC
O
CLEAR
W
A
TER PASS
S G
U
LF
VIE
W BLV
D
BAYS IDE DR
HAMDEN DR
B A Y W A Y B LV D
CORONADO DR
DEVON DR
BRIGHTWATER DR
FIFTH ST
GULF BLVD
PARKWAY DR
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-
-N
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u
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-
Attachment number 3 \nPage 1 of 4
Item # 21
AERIAL MAP
Owner:
Mainstream Partners VIII, LTD Case: HDA2013-08004
Site:
325 South Gulfview Boulevard Property Size:
R.O.W. Size:
1.41 acres
0.19 acres
PIN: 07-29-15-52380-000-0630
07-29-15-52380-000-1110
Together with a portion of S Gulfview Blvd
R.O.W.
Atlas Page: 276A
HAMDEN DR
HAMD
EN
DR
CORONADO DR
CORONADO DR
FIFTH ST FIFTH ST
S G
ULFV
IEW BLVD
S G
UL
FV
IEW BLVD
BRIGHTWATER DR
BRIGHTWATER DR
-N
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t
t
o
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l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Attachment number 3 \nPage 2 of 4
Item # 21
ZONING MAP
Owner:
Mainstream Partners VIII, LTD Case: HDA2013-08004
Site:
325 South Gulfview Boulevard Property Size:
R.O.W. Size:
1.41 acres
0.19 acres
PIN: 07-29-15-52380-000-0630
07-29-15-52380-000-1110
Together with a portion of S Gulfview Blvd
R.O.W.
Atlas Page: 276A
HAMD
EN
DR
CORONADO DR
FIFTH ST
S GULFVIEW BLVD BRIGHTWATER DR T
OS/R
P
P
P
LMDR
332
330
326
311
315
411
347
345
353
342
346
348
350
107105345
409
345
350
106
333
316
333
401
348
316315
316
405
309
333
319
325
321
305
351
406
409
323
317
355
331
327
401
332
403Elec
409LoadC
409LDCTR
320
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326
343
341
347
333
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319LoadC
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Attachment number 3 \nPage 3 of 4
Item # 21
EXISTING SURROUNDING USE MAP
Owner:
Mainstream Partners VIII, LTD Case: HDA2013-08004
Site:
325 South Gulfview Boulevard Property Size:
R.O.W. Size:
1.41 acres
0.19 acres
PIN: 07-29-15-52380-000-0630
07-29-15-52380-000-1110
Together with a portion of S Gulfview Blvd
R.O.W.
Atlas Page: 276A
60
60
70
35
70
60
52380
88463
14
15
16
17
18
19
20
21
22
63
64
65
66
67
68
69
111
112
113
114
115
116
117
23
24
25
26
27
28
29
70
71
72
73
74
75
118
119
120
121
122
123
124
26 1/2
5055(S)
50
60
60
60
70
70
60
17604
17586
88438
17640
0
A
A
57 5
2
1
1 2
7
1A
2A
3A
4A
2
3
4
5
6
7
8
9
10
1
2
3
4
5
6
11
12
13
14
8
9
10
1
2
3 10
11
12
10A
9A
1-A
1
HAMDEN DR
CORONADO DR
FIFTH ST
S GULFVIEW BLVD
332
330
326
311
315
411
347
345
353
342
346
348
350
105345
409
345
106
333
316
333
401
348
316315
316
405
309
321
305
351
406
409
323
355
331
401
332
409LoadC
320
325
326
343
341
107
350
347
333
319
325
317
333
347
327
410
403Elec
319LoadC
409LDCTR
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RETAIL/RESTAURANT/
OVERNIGHT
ACCOMMODATIONS
RETAIL/RESTAURANT/
OVERNIGHT
ACCOMMODATIONS
RETAIL/RESTAURANT/
OVERNIGHT
ACCOMMODATIONS
RETAIL/RESTAURANT/
OVERNIGHT
ACCOMMODATIONS
RETAIL/RESTAURANT/
OVERNIGHT
ACCOMMODATIONS
Attachment number 3 \nPage 4 of 4
Item # 21
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Provide direction on the proposed Development Agreement between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD
December 20, 1991 (the property owner) and the City of Clearwater, providing for the allocation of up to 69 units from the Hotel
Density Reserve under Beach by Design or a maximum density of 150 units per acre, whichever is less and confirm a second public
hearing in City Council Chambers before City Council on November 7, 2013 at 6:00 p.m., or as soon thereafter as may be heard.
(HDA2013-08007)
SUMMARY:
Site Location and Existing Conditions:
The 0.69-acre site is located along the south side of South Gulfview Boulevard approximately 725 feet west of
Parkway Drive and 300 feet east of the South Gulfview Boulevard and Bayway Boulevard intersection. The subject
property is comprised of one parcel with a frontage of approximately 126 feet along South Gulfview Boulevard and
127 feet of frontage along the water. The site is occupied by the Gulfview Hotel, a 64-unit overnight accommodation
use built in 1972 (according to Pinellas County Property Appraiser records). The subject property is zoned Tourist (T)
District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH). The subject
property is also located within the South Beach/Clearwater Pass District of Beach by Design.
Access to the site is provided by a pair of one-way driveways with ingress provided at the west side of the site and
egress at the east side. Parking is provided along the north and west sides of the site. The building is located in the
southeast quadrant of the site. A pool area is located along the southeast corner of the building. The site enjoys direct
access to the beach and the Gulf of Mexico although it is important to note that the beach area is adjacent to but is not
part of the subject site.
The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation
and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The properties
directly east and west of this property are developed with overnight accommodation uses. The City’s Beach Walk
project has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside
promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water
beyond.
Development Proposal:
The owners propose to utilize the existing 34 to 64-rooms (34 of which are requested to be considered as conforming through a
Termination of Status of Nonconformity for density reviewed by the Community Development Board on October 15, 2013) while
requesting up to an additional 69 hotel rooms from the Hotel Density Reserve through Beach by Design resulting in a total of 103 units
(150 units per acre).
Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the maximum density for properties with a designation of
Resort Facilities High is 50 overnight accommodation units per acre. Based on the 0.69-acre site, a maximum of 34 overnight
accommodation units would normally be permissible under current regulations. Therefore, the site is/was overdense by 30 units. The
aforementioned Termination of Status of Nonconformity application included a request to permit the current density of 64 units to
remain and be considered as conforming. It must be reiterated that the review by the Community Development Board (CDB) was
scheduled for, and presumably occurred on, October 15, 2013 (the day prior to this, the first City Council review of this request)
Cover Memo
Item # 22
therefore, as of the writing of this analysis it is unknown if the request to Terminate the Status of Nonconformity with regard to density
was approved. Therefore, the request is for up to 69 units or a maximum of 150 units per acre, whichever is less.
The current proposal is to demolish the existing building and redevelop the site with a 103-unit overnight accommodation use (150
rooms per acre, including the allocation of 39 rooms from the Hotel Density Reserve). The building will be 97 feet (from Base Flood
Elevation) to flat roof (10 stories) with an additional 16 feet for mechanical equipment and architectural details with the parking on the
first six levels. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular
envisioned in Beach by Design.
Consistency with the Community Development Code:
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an Overnight Accommodation use is 20,000 square feet and
between 100 and 150 feet, respectively. The subject property is 29,888 square feet in area and 126 feet wide. The site is consistent with
these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts a side (west) setback of 10 feet to building and covered patio, side (east) setbacks of 13 and 10 feet to
building and patio, respectively, a front (north) setback of 10 feet to building and a rear (south) setback of 51 feet to building, five feet
to patio and 12 feet to pool. The proposed setbacks may be approved as part of a Level Two Flexible Development application, subject
to meeting the applicable flexibility criteria of the Community Development Code (CDC).
Maximum Height:
Pursuant to the Clearwater Pass District Character District standards of Beach by Design and that the owners are requesting 39 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 proposed a building 97 feet (from Base
Flood Elevation) to flat roof (10 stories) with an additional 16 feet for mechanical equipment and architectural details. Buildings less
than 100 feet in height may be located without limitation although any height above 50 feet must be requested through a Level Two
Flexible Development application, subject to meeting the applicable flexibility criteria of the CDC. The height of the proposed building
is generally consistent with the guidelines of Beach by Design.
Minimum Off-Street Parking:
The 103-room overnight accommodation use requires a minimum of 124 off-street parking spaces. The conceptual site plan includes
126 parking spaces will be provided within a parking garage located on the first six levels of the building. The number of parking spaces
is consistent with the CDC.
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 foundation landscaping between three and 12 feet in width will be provided along the north side of the building. In
addition, 10-foot wide landscape buffers will be provided along the east and west sides of the site. Since no perimeter landscape buffers
are required in the Tourist (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.
Cover Memo
Item # 22
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 up to 69 units from the Hotel Density Reserve or a maximum density of 150 units per acre, whichever is
less;
Requires the developer to obtain building permits and certificates of occupancy in accordance with (CDC) Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;
For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the
recording of a covenant restricting use of such hotel units to overnight accommodation usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a
hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center.
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 the 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:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 22
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the _______
day of _______________, 2013, and entered into between Ted Lenart and Maria
Lenart, Trustees of the Lenart Family Trust, utd December 20, 1991 (“Developer"),
its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political
subdivision of the State of Florida acting through its City Council, the governing body
thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a
preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("Act"), authorize the City to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed additional hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community by further providing for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns approximately 0.69 acres of real property
("Property") in the corporate limits of the City, more particularly described on Exhibit "A"
attached hereto and incorporated herein; and
WHEREAS, the Developer desires to develop the Property to add overnight
accommodation units, minimal meeting space for guest use, pool/tiki bar, lobby and
parking with parking spaces, generally conforming to the architectural elevation
dimensions shown in composite Exhibit "B” (collectively, the improvements are the
“Project”); and
WHEREAS, upon completion the planned resort will contain 103 units, which
includes a maximum of sixty nine (69) units from the available Hotel Density Reserve
(“Reserve Units”); and
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
Attachment number 1 \nPage 1 of 21
Item # 22
2
WHEREAS, the City has determined that, as of the Effective Date of this
Agreement, the proposed project is consistent with the City's Comprehensive Plan and
Land Development Regulations; and
WHEREAS, the City has conducted public hearings as required by §§ 4-206 and
4-606 of the Community Development Code; and
WHEREAS, at a duly called public meeting on ______________________, 2013,
the City Council approved this Agreement and authorized and directed its execution by
the appropriate officials of the City; and
WHEREAS, 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 625 S. Gulfview Blvd., Clearwater, FL
33767 as more further described in Exhibit “A”.
Attachment number 1 \nPage 2 of 21
Item # 22
3
SECTION 4. Scope of Project.
4.1 The Project shall consist of no more than 103 overnight accommodation
units. Of the 103 overnight accommodation units, no more than 69 of those units shall be
from the Hotel Density Reserve.
4.2 The Project shall include a minimum of 126 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 (100) 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 Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined herein,
but for a period not to exceed 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:
Attachment number 1 \nPage 3 of 21
Item # 22
4
6.1.3.1 To retain the grant of Reserve Units provided for herein,
the Property and improvements located thereon shall be developed in
substantial conformance with the Site Plan attached as Exhibit "B". Any
modifications determined by the Planning Director as either inconsistent
with attached Exhibit “B” or constituting a substantial deviation from
attached Exhibit “B” 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 appropriate site plan approvals
pursuant to a Level One or Level Two development application, within
five (5) years from the effective date of this Agreement ("Commencement
Date") in accordance with the provisions of the Code. Nothing herein shall
restrict Developer from seeking an extension of this Agreement, and the
Commencement Date, pursuant to the Code or state law.
6.1.3.3 The Developer shall execute, prior to commencement of
construction, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C", that the accommodation use will closed as soon as
practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit
for the Project, the Developer hereby agrees to execute the covenant of unified use and
development for the Project Site providing that the Project Site shall be developed and
used as a single project, the form of which covenant is attached as Exhibit "D"; provided
however, that nothing shall preclude the Developer from selling 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 Reserve Units granted to Developer
not timely constructed in conjunction with the Project shall be returned to the Hotel
Density Reserve and be unavailable to Developer for use on this Project. On October __,
2013, the Community Development Board granted a Termination of Non-conforming
Status pursuant to Case No. FLD2013-____________. In the event the conditions
associated with the Termination of Non-conforming Status are met thereby vesting the
density approved in FLD2013-________, Developer hereby agrees that the grant of Hotel
Density Reserve Units as contemplated herein shall be reduced by the thirty (30) units
determined to be conforming by FLD2013-__________.
Attachment number 1 \nPage 4 of 21
Item # 22
5
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. No hotel unit in a hotel receiving units from the Hotel
Density Reserve shall be used as a primary or permanent residence and each hotel unit
shall be available to transient hotel guests. All hotel units shall be required to be
submitted to a rental program requiring all hotel units to be available for overnight hotel
guests on a transient basis at all times.
6.1.7 Inspection of Records. Developer shall make available for inspection to
the City its books and records pertaining to each Hotel Density Reserve unit upon
reasonable notice to confirm compliance with these regulations as allowed by general law.
6.1.8 Limitation on Amplified Music. Developer agrees that there shall be no
outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or
after 12:00 midnight on Friday and Saturday.
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 Sixty-Nine (69) 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.
Attachment number 1 \nPage 5 of 21
Item # 22
6
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of
occupancy.
SECTION 8. Required Local Government Permits. The required local
government development permits for development of the Property include, without
limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
SECTION 9. Consistency. The City finds that development of the Property is
consistent with the terms this Agreement is consistent with the City Comprehensive Plan
and the Code.
SECTION 10. Termination.
10.1 If the Developer's obligations set forth in this Agreement are not followed
in a timely manner, as reasonably determined by the City Manager, after notice to the
Developer and an opportunity to be heard, existing permits shall be administratively
suspended and issuance of new permits suspended until the Developer has fulfilled its
obligations. Failure to timely fulfill its obligations may serve as a basis for termination of
this Agreement by the City, at the discretion of the City and after notice to the Developer
and an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions.
11.1 Except in the case of termination, until 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
Attachment number 1 \nPage 6 of 21
Item # 22
7
11.1.2 This Agreement is based on substantially inaccurate information
provided by the Developer; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Compliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Ted and Maria Lenart, Trustees of the Lenart
Family Trust, u/t/d/ December 20, 1991
8556 W. Winnemac, Noridge
Chicago, IL 60656
With Copy to: Katherine E. Cole, Esq.
Hill Ward Henderson
311 Park Place, Suite 240
Clearwater, FL 33759
If to City: City of Clearwater, City Attorney
ATTN: Pamela Akin, Esq.
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third 3rd day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
Attachment number 1 \nPage 7 of 21
Item # 22
8
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the "assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer to
the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer's
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that notice of such assignment
shall be given by the Developer to the City not less than thirty (30) days prior to
such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with respect
to any other Parcel by virtue of this Agreement unless and until such assignee,
purchaser, sublessee or acquire has expressly assumed the Developer's such other
obligations.
14.1.5 Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not be
subject to the requirements of this paragraph.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
Attachment number 1 \nPage 8 of 21
Item # 22
9
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded in
the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
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
Attachment number 1 \nPage 9 of 21
Item # 22
10
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.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City, the Developer, and the Association so long as the amendment
meets the requirements of the Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
In the Presence of: Lenart Family Trust, u/t/d December 20,
1991
______________________________ __________________________________
Print Name_____________________ Maria Lenart, co-Trustee
______________________________
Print Name_____________________
______________________________ ______________________________________
Print Name_____________________ Maria Lenart, Successor Trustee to Ted
Lenart
______________________________
Print Name_____________________
As to “Developer”
Attachment number 1 \nPage 10 of 21
Item # 22
11
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
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 GEORGE N. CRETEKOS, as Mayor of the City of
Clearwater, Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the
City of Clearwater, Florida, who is [ ] personally known to me or who has [ ]
produced _____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 1 \nPage 11 of 21
Item # 22
12
EXHIBIT “A”
Legal Description
Lots 6 and 7, Block C, BAYSIDE SUBDIVISION NO. 5, according to the plat thereof, as
recorded in Plat Book 38, Page 38, of the Public Records of Pinellas County, Florida.
Attachment number 1 \nPage 12 of 21
Item # 22
13
EXHIBIT “B”
Site Plan
Attachment number 1 \nPage 13 of 21
Item # 22
Attachment number 1 \nPage 14 of 21
Item # 22
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 Ted Lenart and Maria Lenart,
Trustees of the Lenart Family Trust utd December 20, 1991 ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of
Clearwater, Florida (the "City"), has amended it's Comprehensive Plan to designate Clearwater
Beach as a Community Redevelopment District pursuant to the Pinellas County Planning
Council Rules in order to implement the provisions of Beach by Design, a plan for the
revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall
be closed and all Guests evacuated from such resorts as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time
when a hurricane evacuation would be expected in advance of the approach of hurricane force
winds.
The City has granted, by City Council Resolution __________, passed and approved on
____________, 2013, Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to
be observed and performed, and in further consideration of the allocation of Hotel Density
Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Developer and its successors and assigns and shall be enforceable by them and also for
Attachment number 1 \nPage 15 of 21
Item # 22
15
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with the
provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 A minimum of sixty-nine 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.
Attachment number 1 \nPage 16 of 21
Item # 22
16
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City determines
that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City
obtains relief, whether by agreement of the parties or through order of a court of competent
jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any extent
to e invalid or unenforceable, the remainder of this Declaration, or the application of such
provision or portion thereof to any person or circumstance, shall not be affected thereby, and
each and every other provision of this Declaration shall be valid and enforceable to the fullest
extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this
_____ day of ______________, 2013.
In the Presence of:
______________________________ By:__________________________________
Print Name_____________________
______________________________
Print Name_____________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Leslie K. Dougall-Sides
Assistant City Attorney
Attachment number 1 \nPage 17 of 21
Item # 22
17
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2013, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced
_____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 1 \nPage 18 of 21
Item # 22
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 Bay Esplanade Project, LLC (“Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule
"A" attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Development Agreement dated ___________, 2013 (the "Development Agreement"),
pursuant to which the City has agreed that Developer may develop and construct upon the Real
Property a hotel project as described in the Development Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified
use, as more particularly described in this Agreement.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does hereby agree that, effective as of the date on which Developer receives all
permits required to construct the Project and Developer commences construction thereof, as
evidenced by a Notice of Commencement for the Project, the Real Property shall be developed
and operated as a hotel 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. Developer
agrees that the City shall have the right to enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel
operator.
Attachment number 1 \nPage 19 of 21
Item # 22
19
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this
_____ day of ______________, 2013.
In the Presence of: Bay Esplanade Project, LLC, a Florida limited
Liability company
______________________________ By:__________________________________
Print Name_____________________ Dustin de Nunzio
______________________________
Print Name_____________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Leslie K. Dougall-Sides
Assistant City Attorney
Attachment number 1 \nPage 20 of 21
Item # 22
20
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
______________, 2013, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced
_____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 1 \nPage 21 of 21
Item # 22
ZONING:TOURIST
FUTURE LAND USE: RFH/P
ZONING:TOURIST
ZONING:TOURIST
ZONING:TOURIST
ZONING:OS/R
Existing
Flexible Development Standards - Level Two
Required (Min/Max)
Zoning District T (Tourist)T (Tourist)
Use Hotel Overnight Accommodations
Lot Area Total: 29,888 SF 10,000-20,000 SF
(0.69 Acres)
Lot Width 120'100' -150'
Gross Floor Area 32,020 SF -
Building Coverage 6,404 SF
Floor Area Ratio 1.07 FAR 1.0
Impervious Surface Ratio 26,197 SF (87.7%)ISR 95%
Number of Units 64 34
Density 93 Units Per Acre 50 Units Per Acre
Setbacks from Property
Line
Setbacks (Buildings)
Front 103.5'0' - 15'
Side - East 5'0' - 10'
Side - West 40.7'0' - 10'
Rear 20.8'0' - 20'
Setbacks (Pavement)
Front 10.63'-
Side 3.57'-
Rear 8.99'-
Height 5 Stories 100'
Paved Vehicular Areas 15,250 SF -
Parking Lot Interior
Landscaping 3,678 SF -
(SF and % of Paved
Vehicular Use Area)24.1%10% Min. Required
Parking
Total
54 Existing - 77
Required (64 Rooms x
1.2 spaces/room)Min. Off-Street Parking = 1-1.2 Spaces Per Unit
Handicap (Included in Total
Number)
2 Handicap Spaces
Existing - 3 Required See Table Section 3-1409
Loading Space
N/A
None per Section 3-1406 Overnight
Accomodations not associated with
restaurants, meeting/conference rooms or
other similar facility
George F. Young, Inc.
Attachment number 2 \nPage 1 of 10
Item # 22
Attachment number 2 \nPage 2 of 10
Item # 22
Attachment number 2 \nPage 3 of 10
Item # 22
Attachment number 2 \nPage 4 of 10
Item # 22
Attachment number 2 \nPage 5 of 10
Item # 22
Attachment number 2 \nPage 6 of 10
Item # 22
Attachment number 2 \nPage 7 of 10
Item # 22
Attachment number 2 \nPage 8 of 10
Item # 22
Attachment number 2 \nPage 9 of 10
Item # 22
Attachment number 2 \nPage 10 of 10
Item # 22
LOCATION MAP
Owner:
Ted and Maria Lenart, Trustees of Lenart
Family Trust UTD December 20, 1991
Case: HDA2013-08007
Site:
625 South Gulfview Boulevard Property Size: 0.69 acre site
PIN: 17-29-15-05004-003-0060 Atlas Page: 285A
[
PROJECT
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Attachment number 3 \nPage 1 of 4
Item # 22
AERIAL MAP
Owner:
Ted and Maria Lenart, Trustees of Lenart
Family Trust UTD December 20, 1991
Case: HDA2013-08007
Site:
625 South Gulfview Boulevard Property Size: 0.69 acre site
PIN: 17-29-15-05004-003-0060 Atlas Page: 285A
CLEARWATER PASS
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Attachment number 3 \nPage 2 of 4
Item # 22
ZONING MAP
Owner:
Ted and Maria Lenart, Trustees of Lenart
Family Trust UTD December 20, 1991
Case: HDA2013-08007
Site:
625 South Gulfview Boulevard Property Size: 0.69 acre site
PIN: 17-29-15-05004-003-0060 Atlas Page: 285A
CLEARWATER PASS
S G
U
LFVIE
W B
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D
BAYWAY BLVD
T
P
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640
672670668666664662658650
652
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0
660
645
649
675
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655
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656
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Attachment number 3 \nPage 3 of 4
Item # 22
EXISTING SURROUNDING USE MAP
Owner:
Ted and Maria Lenart, Trustees of Lenart
Family Trust UTD December 20, 1991
Case: HDA2013-08007
Site:
625 South Gulfview Boulevard Property Size: 0.69 acre site
PIN: 17-29-15-05004-003-0060 Atlas Page: 285A
*58925
03496
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2 3 4 5 6
1
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7
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17 1
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1
CLEARWATER PASS
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IEW BLVD
BAYWAY BLVD
640
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652
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ATTACHED DWELLINGS
AUTO SERVICE
STATION
OUTDOOR
REC./ENTERTAINMENT
RETAIL PLAZA
OVERNIGHT
ACCOMMODATIONS
OVERNIGHT
ACCOMMODATIONS
ATTACHED DWELLINGS
Attachment number 3 \nPage 4 of 4
Item # 22
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Approve the 2014 Council Meeting Schedule. (consent)
SUMMARY:
Review Approval:
Cover Memo
Item # 23
20
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Attachment number 1 \nPage 1 of 1
Item # 23
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8469-13 on second reading, annexing certain real property 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.
SUMMARY:
Review Approval:
Cover Memo
Item # 24
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 1 \nPage 1 of 2
Item # 24
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 1 \nPage 2 of 2
Item # 24
Attachment number 2 \nPage 1 of 1
Item # 24
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8470-13 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 2021 North Betty Lane, upon annexation into the City of
Clearwater, as Residential Urban (RU).
SUMMARY:
Review Approval:
Cover Memo
Item # 25
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 1 \nPage 1 of 1
Item # 25
Attachment number 2 \nPage 1 of 1
Item # 25
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8471-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 2021 North Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 26
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 1 \nPage 1 of 2
Item # 26
Ordinance No. 8471-13
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 26
Attachment number 2 \nPage 1 of 1
Item # 26
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8478-13 on second reading, amending the Community Development Code to require new members of the Community
Development Board, the Municipal Code Enforcement Board and the Building/Flood Board of Adjustment and Appeals to be registered
voters.
SUMMARY:
Review Approval:
Cover Memo
Item # 27
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 # 27
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 # 27
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 # 27
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8480-13 on second reading, 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.
SUMMARY:
Review Approval:
Cover Memo
Item # 28
[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 00°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 2
Item # 28
[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 2
Item # 28
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:
Cover Memo
Item # 29
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
City Attorney Evaluation
SUMMARY:
Review Approval:
Cover Memo
Item # 30
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
City Manager Evaluation
SUMMARY:
Review Approval:
Cover Memo
Item # 31
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Connection from Ream Wilson Clearwater Trail to Courtney Campbell Trail - Councilmember Hock-DiPolito
SUMMARY:
Review Approval:
Cover Memo
Item # 32
Attachment number 1 \nPage 1 of 1
Item # 32
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Karen Wiseman Parks and Recreation
Robert Morig Jr. Gas
Vincente Anglero Solid Waste
Peter Ellmore Marine and Aviation
Timothy Charles Public Utilities
David Deas Customer Service
10 Years of Service
Rick Wiersch Parks and Recreation
Vincent Jones Solid Waste
Jeffrey Mahar Parks and Recreation
15 Years of Service
William Morris Marine and Aviation
Linda Leaghty Library
Gerald Theisen Parks and Recreation
Jeffrey Adkisson Police
Albert Granville Police
Karl Wassmer Police
30 Years of Service
Rebecca Wogoman Library
Review Approval:
Cover Memo
Item # 33
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
2013 City United Way Proclamation - City Campaign Coordinator, Marty Moran
SUMMARY:
Review Approval:
Cover Memo
Item # 34
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
National Arts and Humanities Month Proclamation - Roberta Klar, President, Clearwater Arts Alliance
SUMMARY:
Review Approval:
Cover Memo
Item # 35
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Friends of Libraries Week Proclamation - Rosalie Murray, President of Friends of the Library
SUMMARY:
Review Approval:
Cover Memo
Item # 36
Work Session
Council Chambers - City Hall
Meeting Date:10/14/2013
SUBJECT / RECOMMENDATION:
Dolphin Tale 2 Presentation
SUMMARY:
Review Approval:
Cover Memo
Item # 37