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10/16/2013 City Council Agenda Location: Council Chambers - City Hall Date: 10/16/2013- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards Attachments 4.2 Dolphin Tale 2 Presentation Attachments 4.3 National Arts and Humanities Month Proclamation - Roberta Klar, President, Clearwater Arts Alliance Attachments 4.4 Friends of Libraries Week Proclamation - Rosalie Murray, President of Friends of the Library Attachments 4.5 2013 City United Way Proclamation - City Campaign Coordinator, Marty Moran Attachments 5. Approval of Minutes 5.1 Approve the minutes of the October 3, 2013 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the 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 7.2 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) Attachments 7.3 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) Attachments 7.4 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) Attachments 7.5 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. (TA2013-08007) Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 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) Attachments 9. Second Readings - Public Hearing 9.1 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. Attachments 9.2 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). Attachments 9.3 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). Attachments 9.4 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. Attachments 9.5 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. Attachments City Manager Reports 10. Consent Agenda 10.1 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) Attachments 10.2 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) Attachments 10.3 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) Attachments 10.4 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 10.5 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) Attachments 10.6 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) Attachments 10.7 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) Attachments 10.8 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) Attachments 10.9 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) Attachments 10.10 Approve 2014 Council Meeting Schedule Attachments 11. Other Items on City Manager Reports 11.1 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) Attachments 11.2 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) Attachments Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports Attachments 13. Other Council Action 13.1 City Attorney Evaluation Attachments 13.2 City Manager Evaluation Attachments 14. Closing Comments by Mayor 15. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 # 1 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 SUBJECT / RECOMMENDATION: Dolphin Tale 2 Presentation SUMMARY: Review Approval: Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 SUBJECT / RECOMMENDATION: National Arts and Humanities Month Proclamation - Roberta Klar, President, Clearwater Arts Alliance SUMMARY: Review Approval: Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 SUBJECT / RECOMMENDATION: Friends of Libraries Week Proclamation - Rosalie Murray, President of Friends of the Library SUMMARY: Review Approval: Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 SUBJECT / RECOMMENDATION: 2013 City United Way Proclamation - City Campaign Coordinator, Marty Moran SUMMARY: Review Approval: Cover Memo Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 SUBJECT / RECOMMENDATION: Approve the minutes of the October 3, 2013 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 6 Council 10/3/2013 1 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER October 3, 2013 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, and Rosemarie Call - City Clerk. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor George N. Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Rabbi David Weizman from Congregation Beth Shalom 3. Pledge of Allegiance – Councilmember Bill Jonson 4. Presentations - Given. 4.1 Pro Bono Week Proclamation, October 20 - 26, 2013 - Myriam Irizarry , President of Clearwater Bar Association and Foundation 4.2 2013 Fire Prevention Week Proclamation, October 6 - 12, 2013 - Chief Steven Strong, Division Chief of Fire Prevention 4.3 Public Natural Gas Week Proclamation, October 6 - 13, 2013 - Chuck Warrington, Managing Director - Clearwater Gas System. 5. Approval of Minutes 5.1 Approve the minutes of the September 19, 2013 City Council Meeting as submitted in written summation by the City Clerk. DraftAttachment number 1 \nPage 1 of 30 Item # 6 Council 10/3/2013 2 Councilmember Bill Jonson moved to approve the minutes of the September 19, 2013 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Joseph Corvino expressed concerns with the informational mailer regarding the November 5, 2013 referendum. Public Communications Director Joelle Castelli said one mailer was sent to the home of voters who participated in three of the last five elections. The cost for printing the mailers was approximately $3,000; cost for postage has not been remitted. The mailers were sent forty-five days prior to the election. The City Attorney said the political disclaimer statement was not required as the mailer only states what the charter amendment does. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8469-13, 8470-13 and 8471-13 on first reading. (ANX2013-07023) This voluntary annexation petition involves a 0.116-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of North Betty Lane approximately 150 feet south of Idlewild Drive. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the DraftAttachment number 1 \nPage 2 of 30 Item # 6 Council 10/3/2013 3 City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. In response to a question, Planning and Development Director Michael Delk said staff has spoken with the applicant; the applicant is comfortable with the annexation. Councilmember Doreen Hock-DiPolito moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. DraftAttachment number 1 \nPage 3 of 30 Item # 6 Council 10/3/2013 4 Ordinance 8469-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8469-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8470-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8470-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8471-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8471-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 7.2 Provide direction on the proposed Development Agreement between Enchantment, LLC (the property owner) and the City of Clearwater, providing for the allocation of 92 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on October 16, 2013 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08001) 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 DraftAttachment number 1 \nPage 4 of 30 Item # 6 Council 10/3/2013 5 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 facade 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 DraftAttachment number 1 \nPage 5 of 30 Item # 6 Council 10/3/2013 6 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 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. DraftAttachment number 1 \nPage 6 of 30 Item # 6 Council 10/3/2013 7 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 DraftAttachment number 1 \nPage 7 of 30 Item # 6 Council 10/3/2013 8 • That a percentage of the total number of proposed units (202), the 67-units permitted by the base density (50 units per acre) plus the 43-units accorded through the Termination of Status of Nonconformity for density plus the 92 units obtained from the Hotel Density Reserve, may be used as ownership units. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The City Attorney said, under the new development agreement process, Council will not be making a decision tonight but ask questions of staff and hear public comment. The Applicant will present to Council. Council will make their decision at the next public hearing. Staff has asked Council to clarify the provision of Beach by Design requiring a reservation system as an integral part of the hotel use under this density pool. In response to questions, the City Attorney said if a reservation system cannot be provided, the Applicant will not be in compliance with the Beach by Design provision. The City controls the operational characteristic of the facility; the City wants the facility to function like a hotel, be available for transient occupancy by public on a regular basis. The Applicant has asked that a number of the density units not be available for transient occupancy but be restricted to up to thirty days or one month usage. The Hyatt was in a resort density pool; the City allowed condominiums and condominium-hotels and did not require all the units to be under the same reservation. City code allows condo-hotel units a maximum of thirty consecutive days of overnight occupancy; the owner may occupy two different periods of time. The intent is not to allow the units to become permanent residences. In response to questions, Planner Kevin Nuremberger said at the top of the sixth level, there is a stepback and no length is more than 100 feet to meet the criteria of square footage allowed per floor as the building gets higher. Planning and Development Director Michael Delk said the site development review process has not been done; staff has reviewed the item before Council to ensure it is consistent with Beach by DraftAttachment number 1 \nPage 8 of 30 Item # 6 Council 10/3/2013 9 Design parameters. The City Attorney said the Applicant has agreed to include language restricting amplified outdoor noise during certain hours. Applicant representatives Brian Aungst and Ed Hooper reviewed the request. None of the units, including the fifty-two ownership units, will be primary or permanent residences. The facility will not allow more than thirty days occupancy. At least 150 of the units will always be available for transient occupancy to the public via the reservation system. Six individuals spoke in support and three individuals spoke in opposition. In response to questions, Mr. Delk said the tower separation requirement must be met once the development goes above 100 feet. If the Applicant develops before the adjacent developer, the adjacent developer will be subject to the tower separation requirement, so long as Applicant’s development agreement is in place. Beach by Design hotel density reserve favors the mid size hotel products. The architectural design will be part of the development review process. The proposal before Council includes a general design. Mr. Delk said Council has the authority to allow the density reserve be used for to get the height up to 150 feet along S. Gulfview Boulevard and west side of Coronado. Staff was directed to provide a model of the tower separation requirement should the adjacent property owner develop two towers. Mr. Aungst said the Applicant’s application will not be approved unless it complies with Beach by Design criteria. This area of Clearwater Beach allows a maximum height of 150 feet. He expressed a concern with speculating what the adjacent property owner may propose to do. 7.3 Amend the Community Development Code to require new members of the Community Development Board, the Code Enforcement Board, and the Building/Flood Board of Adjustment and Appeals to be registered voters, and pass Ordinance 8478-13 on first reading. At the August 1, 2013 council meeting, Council discussed that members of the Community Development Board, Municipal Code Enforcement Board, and Building/Flood Board of Adjustment and Appeals have regulatory powers in the City and it was in the best interest of the City to ensure that members of these boards have shown a certain level of civic engagement. Staff was directed to pursue changes in the Code requiring newly appointed members of these boards be registered voters. DraftAttachment number 1 \nPage 9 of 30 Item # 6 Council 10/3/2013 10 Vice Mayor Paul Gibson moved to amend the Community Development Code to require new members of the Community Development Board, the Code Enforcement Board, and the Building/Flood Board of Adjustment and Appeals to be registered voters. The motion was duly seconded and carried unanimously. Ordinance 8478-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8478-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 7.4 Rescind Ordinance 4663-88, which contained an incorrect legal description; and pass Ordinance 8480-13 on first reading. (VAC2013-05) Ordinance 8480-13 was passed and adopted by City Council on August 18, 1988 for the purpose of vacating a 15 ft. by 15 ft. portion of a sanitary sewer easement. The ordinance contained an error in the legal description. Ordinance 8480-13 will rescind the erroneous ordinance and vacate the easement portion as intended in 1988. Councilmember Doreen Hock-DiPolito moved to rescind Ordinance 4663-88, which contained an incorrect legal description. The motion was duly seconded and carried unanimously. Ordinance 8480-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8480-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None The Council recessed from 7:55 p.m. to 8:00 p.m. 8. Second Readings - Public Hearing 8.1 Continue to October 16, 2013: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation DraftAttachment number 1 \nPage 10 of 30 Item # 6 Council 10/3/2013 11 of Low Medium Density Residential (LMDR) District for 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8469-13, 8470-13 and 8471-13 on second reading. (ANX2013-07023) This voluntary annexation petition involves a 0.116-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of North Betty Lane approximately 150 feet south of Idlewild Drive. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. DraftAttachment number 1 \nPage 11 of 30 Item # 6 Council 10/3/2013 12 The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Jay Polglaze moved to continue Item 8.1 to October 16, 2013. The motion was duly seconded and carried unanimously. 8.2 Adopt Ordinance 8435-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 1569 and 1571 Sunset Point Road from Residential Low (RL) to Residential Urban (RU). Ordinance 8435-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8435-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.3 Adopt Ordinance 8439-13 on second reading, annexing certain real property whose post office address is 1974 North Betty Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8439-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8439-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze DraftAttachment number 1 \nPage 12 of 30 Item # 6 Council 10/3/2013 13 "Nays": None 8.4 Adopt Ordinance 8440-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1974 North Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8440-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8440-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.5 Adopt Ordinance 8441-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1974 North Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8441-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8441-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.6 Adopt Ordinance 8442-13 on second reading, annexing certain real property whose post office address is 2079 Lantana Avenue into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8442-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8442-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze DraftAttachment number 1 \nPage 13 of 30 Item # 6 Council 10/3/2013 14 "Nays": None 8.7 Adopt Ordinance 8443-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2079 Lantana Avenue, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8443-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8443-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.8 Adopt Ordinance 8444-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2079 Lantana Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8444-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8444-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.9 Adopt Ordinance 8445-13 on second reading, annexing certain real property whose post office address is 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland Way into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8445-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8445-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember DraftAttachment number 1 \nPage 14 of 30 Item # 6 Council 10/3/2013 15 Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.10 Adopt Ordinance 8446-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland Way, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8446-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8446-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.11 Adopt Ordinance 8447-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland Way, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8447-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8447-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.12 Adopt Ordinance 8448-13 on second reading, annexing certain real property whose post office address is 1274 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. DraftAttachment number 1 \nPage 15 of 30 Item # 6 Council 10/3/2013 16 Ordinance 8448-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8448-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.13 Adopt Ordinance 8449-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1274 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8449-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8449-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.14 Adopt Ordinance 8450-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1274 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8450-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8450-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.15 Adopt Ordinance 8451-13 on second reading, annexing certain real property whose post office address is 1206 Sheridan Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition. DraftAttachment number 1 \nPage 16 of 30 Item # 6 Council 10/3/2013 17 Ordinance 8451-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8451-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.16 Adopt Ordinance 8452-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1206 Sheridan Road, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8452-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8452-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.17 Adopt Ordinance 8453-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1206 Sheridan Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8453-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8453-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.18 Adopt Ordinance 8454-13 on second reading, annexing certain real property whose post office address is 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane DraftAttachment number 1 \nPage 17 of 30 Item # 6 Council 10/3/2013 18 and State Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8454-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8454-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.19 Adopt Ordinance 8455-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane and State Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8455-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8455-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.20 Adopt Ordinance 8456-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane and State Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8456-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8456-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. DraftAttachment number 1 \nPage 18 of 30 Item # 6 Council 10/3/2013 19 Polglaze "Nays": None 8.21 Adopt Ordinance 8457-13 on second reading, annexing certain real property whose post office address is 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Langes Replat of Browns Subdivision into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8457-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8457-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.22 Adopt Ordinance 8458-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Langes Replat of Browns Subdivision, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8458-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8458-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.23 Adopt Ordinance 8459-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Langes Replat of Browns Subdivision, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). DraftAttachment number 1 \nPage 19 of 30 Item # 6 Council 10/3/2013 20 Ordinance 8459-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8459-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.24 Adopt Ordinance 8460-13 on second reading, annexing certain real property whose post office address is 2025 Betty Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8460-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8460-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.25 Adopt Ordinance 8461-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2025 Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8461-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8461-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.26 Adopt Ordinance 8462-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2025 Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). DraftAttachment number 1 \nPage 20 of 30 Item # 6 Council 10/3/2013 21 Ordinance 8462-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8462-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.27 Adopt Ordinance 8463-13 on second reading, annexing certain real property whose post office address is 1263 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8463-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8463-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.28 Adopt Ordinance 8464-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1263 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8464-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8464-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.29 Adopt Ordinance 8465-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1263 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). DraftAttachment number 1 \nPage 21 of 30 Item # 6 Council 10/3/2013 22 Ordinance 8465-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8465-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.30 Adopt Ordinance 8466-13 on second reading, annexing certain real property whose post office address is 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8466-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8466-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.31 Adopt Ordinance 8467-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8467-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8467-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.32 Adopt Ordinance 8468-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North, DraftAttachment number 1 \nPage 22 of 30 Item # 6 Council 10/3/2013 23 upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8468-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8468-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.33 Adopt Ordinance 8472-13 on second reading, annexing certain real property whose post office address is 1221 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8472-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8472-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.34 Adopt Ordinance 8473-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1221 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8473-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8473-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.35 Adopt Ordinance 8474-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1221 Palm DraftAttachment number 1 \nPage 23 of 30 Item # 6 Council 10/3/2013 24 Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8474-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8474-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.36 Adopt Ordinance 8483-13 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2013 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Parking Fund, Harborview Center Fund, and Administrative Services Fund. Ordinance 8483-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8483-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.37 Adopt Ordinance 8484-13 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2013, to reflect a net decrease of $27,281,542. Ordinance 8484-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8484-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None DraftAttachment number 1 \nPage 24 of 30 Item # 6 Council 10/3/2013 25 9. Consent Agenda – Approved as submitted. 9.1 Approve settlement of the liability claim of Mr. James Braun for payment of $87,500.00 and authorize the appropriate officials to execute same. (consent) 9.2 Award a contract (Purchase Order) to Oracle America, Inc., Redwood Shores, California for the period of October 1, 2013 to September 30, 2014 for software maintenance at a cost not to exceed $246,950, in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source, and authorize the appropriate officials to execute same (consent) 9.3 Award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg, Florida for telephone service including frame relay service, T1's, credit/collect calls, backup trunks, VADI circuits, and DSL high bandwidth services during the period of October 1, 2013 to September 30, 2014 at a cost not to exceed $230,825, in accordance with Sec. 2.564 (1)(e) Code of Ordinances, impractical to bid, and authorize the appropriate officials to execute same. (consent) 9.4 Award a contract (purchase order) to Verizon Wireless for basic cellular/smart phones and mobile data services for the period of November 1, 2013 to October 31, 2014 in an amount not to exceed $337,945 in accordance with Sec 2.564 (1)(b), Code of Ordinances, under State Contract DMS-1011-008C. (consent) 9.5 Award contracts (Blanket Purchase Orders) to Baker and Taylor, Atlanta, GA - $235,000; Ingram Library Services, Atlanta, GA - $150,000; and Midwest Tape, Holland, OH - $55,000 for the purchase of library books and other materials for the contract period of October 1, 2013 through September 30, 2014, and authorize the appropriate officials to execute same. (consent) 9.6 Provide Landlord consent for the Collateral Assignment of Lease between Marina Cantina, LLC and USAmeribank for the rights and benefits associated with the rental space agreement in the Clearwater Beach Marina at 25 Causeway Boulevard and authorize the appropriate officials to execute same. (consent) 9.7 Approve establishing a new Capital Improvement Project entitled Bright House Field Repairs (CIP 315-93640) for $241,272, to be funded from unappropriated retained Earnings, for phased structural caulking and concrete repairs needed throughout Bright House Stadium; award a contract (purchase order) to Complete Property Services Inc. (CPS), of Oldsmar Florida, Bid 25-13, for $475,371 to perform the necessary caulking and concrete repairs; and approve a change order deduct in the amount of $234,099, for a net contract amount including 10% contingency of $241,272. (consent) DraftAttachment number 1 \nPage 25 of 30 Item # 6 Council 10/3/2013 26 9.8 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $165,294.93, for a 12-month period beginning October 1, 2013 and ending September 30, 2014, and authorize the appropriate officials to execute same. (consent) 9.9 Award a construction contract to TLC Diversified of Palmetto, FL, for the Marshall Street Water Reclamation Facility Chlorine Contact Chamber Improvements Project (12-0007-UT) in the amount of $467,775, which is the lowest responsible bid received in accordance with plans and specifications; approve a supplemental work order to Jones Edmunds in the amount of $84,900 for additional design and engineering services during construction and authorize the appropriate officials to execute same. (consent) 9.10 Approve a License Agreement between the City of Clearwater and 600 Cleveland LLC, the new owner of the property known as the Bank of America Tower, authorizing City use of a surface parking lot owned by 600 Cleveland LLC and located at 24 N. Garden Avenue for retail parking evenings and weekends; authorize certain capital expenditures required for the use, and authorize the appropriate officials to execute same. (consent) 9.11 Reappoint Sue A. Johnson and Duane Schultz to the Municipal Code Enforcement Board with terms expiring October 31, 2016. (consent) Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 10. Other Items on City Manager Reports 10.1 Endorse the application for Project Woodstork and commit the City of Clearwater to provide local financial support (Local Match) of 10% of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 13-26. The Florida Legislature created Florida Statute, Section s.288.106 to encourage the growth of Florida’s high-wage, value-added employment. This program is commonly known as the Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept, review and recommend applications for consideration by DEO for tax refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections s.288.075 and s.288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is DraftAttachment number 1 \nPage 26 of 30 Item # 6 Council 10/3/2013 27 required under statute or desired by the applicant. Project Woodstork is the alias name of the applicant company. This Resolution provides a commitment of the city to support the QTI Program which provides a performance-based incentive. The incentive is negotiated in advance of Project Woodstork’s commitment to expand its operations in the City of Clearwater. It does not guarantee payment until such time as the terms of the contract made between DEO and Project Woodstork are met, subject to limitations described below. QTI Program Description The QTI Program works as an inducement to encourage companies to locate or expand in Florida. In accordance with the QTI Program eligibility criteria, no commitment to expand in Florida has been made at this time. The incentive may not exceed that which is requested in the application. As required by the QTI Program, the Project Woodstork’s expansion will increase the Company’s employment in Florida by greater than 10% and, as evidenced by staff’s economic impact analysis the proposed new jobs will make a significant economic contribution to the area economy. Project Woodstork is seeking State, County and City inducement to expand operations and to create additional jobs in the City of Clearwater. The Company projects to add 20 jobs over two years beginning in 2013. Project Woodstork’s job creation schedule is as follows: Description of Project Phase Number of new Florida jobs created in the business unit Date by which jobs will be created I 10 12/31/2013 II 10 12/31/2014 Total 20 Below are the types of jobs expected to be created by this company: Business Unit Activities 6 Digit NAICS Code(s) Project Function Corporate, Subsidiary and Regional Managing 551114 100% DraftAttachment number 1 \nPage 27 of 30 Item # 6 Council 10/3/2013 28 Average wages of all new jobs created by Project Woodstork is to be no less than $50,000, which is greater than 115% of the State’s Annual Average Wage as published by Enterprise Florida on January 1, 2013. The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of 5 years. If approved by DEO, Pinellas County and the City of Clearwater, the applicant will receive a refund for each new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a maximum of $5,000 per new job created. QTI Program Request and Local Match Commitment Qualifying Criteria Total $ Incentive Per Job Created City Contribution (10%) Per Job (Local Match) Standard Primary Industry $3,000.00 $300.00 High Impact Sector $2,000.00 $200.00 Total $5,000.00 $500.00 Eighty percent of this award is provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the maximum Local Match award per new job created is $500 for a total Local Match of $10,000. Disbursement of the Local Match is spread over a period of five (5) years. Twenty-five percent of the Local Match is paid out over a four year period for each phase in which the jobs are created. The schedule is as follows: Payment Schedule PHASE # JOBS ELIGIBLE AWARD MAX OF 25% / YR FY13-14 FY14-15 FY15-16 FY16-17 FY17-18 I 10 $5,000 $1,250 $1,250 $1,250 $1,250 $1,250 II 10 $5,000 $1,250 $1,250 $1,250 $1,250 $1,250 TOTAL 20 $10,000 $1,250 $2,500 $2,500 $2,500 $1,250 The payment schedule is subject to the applicant continuing to meet all eligibility criteria which is verified each year by the DEO, the City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the disbursement to the applicant. Conditions of Limitation and Termination DraftAttachment number 1 \nPage 28 of 30 Item # 6 Council 10/3/2013 29 During the term of the agreement, the Local Match may be lowered under the following conditions: • If in any year the applicant does not achieve the job creation schedule but achieves at least 80% of the required new jobs, the company will receive a pro-rated refund less 5% penalty of the schedule award amount for that year. • If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount awarded, the Local Match will be reduced on a pro-rated basis. The refunded amount will not exceed the amount of eligible taxes paid by the company. The Local Match may be eliminated under the following conditions: • If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated from the program. • If the average wage falls below $50,000, the company will not receive a refund and will be terminated from the program. The Fiscal Year 2014-2015 funding is currently available from Economic Development budget account number 181-99846. Future year funding will need to be allocated during the City’s annual budget process. Funding Source Councilmember Bill Jonson moved to endorse the application for Project Woodstork and commit the City of Clearwater to provide local financial support (Local Match) of 10% of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO). The motion was duly seconded and carried unanimously. Resolution 13-26 was presented and read by title only. Councilmember Doreen Hock- DiPolito moved to adopt Resolution 13-26. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Miscellaneous Reports and Items 11. City Manager Verbal Reports – None. DraftAttachment number 1 \nPage 29 of 30 Item # 6 Council 10/3/2013 30 12. Closing Comments by Mayor Mayor George Cretekos reviewed recent and upcoming events. 13. Adjourn The meeting adjourned at 8:42 p.m. Mayor City of Clearwater Attest City Clerk DraftAttachment number 1 \nPage 30 of 30 Item # 6 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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: Cover Memo Item # 7 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 # 7 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 # 7 Attachment number 1 \nPage 3 of 7 Item # 7 Attachment number 1 \nPage 4 of 7 Item # 7 Attachment number 1 \nPage 5 of 7 Item # 7 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 # 7 S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Rd 2200 and 2251 LUP2013-04002 - Webb Nursery\Maps\Maps W_O Belcher\LUP_REZ2013-04002 Future Land Use Map.doc WATER P RU IL RU RM P RU RU RM CG R/O/R RU RURU RLM P R/OG RU RL RL RURU T/U CG RU R/OG RL RU IL WATER P RURU RU RM WATER R/OS RL WATER RU RU RU RM BELCHER RDSUNSET POINT RD UTO PIAN DR OLD COACHMAN RDATLANTIS DRALBRIGHT DRSTETSON DRSUNNYDALE BLVD ELMHURST DRGLENVILLE DRBECKETT LAKE DRCITRU S C T SIDNEY AVESUN TREE DRLANSING DR2030 2001 2000 2010 2006 2022 2026 21011831 1937 21701822 1834208820202022 1827 1821 1826 1832 1850 1816 1822 1828 1821 1827 1815 1833 1851 1857 1864 1816 1822 1815 1827 1821 1863 1857 1851 18701869 1834 1870 1863 1857 1869 1851 1827 1815 1821 1822 1816 1864 1870 1821 1827 1809 1815 18331831 21212286 21461831 214021411961 1880 23291876 1965 1907 1844 1935 1918 1831 2181 1958 225421 87 19622091 1931 1833 18312146 1833 2 0 5 0 1962212421111967 187621401901 2111210121 82208921012123 1875 21201979 2072 1951 1968 1831 1844 209021022301213422301970 222420741914 1966 1943 1869 1876 21601875 1875 1831 2188 211621312175 1831 1971 185622481950213021171875 1 9 8 5 1921 (Al1930 thr1911 thr1911 (Ba1910 thrMO NTCLAIR RD NASH DRASBURY DRPERTH ST PEPPERMILL DRARBOR LNAMERICUS D HARTFORD WAYSHANGRILA DRCAMELOT DRLAKE ARBOR BLVD THAMESLAKEVIEW DST CT T GROVE LN 23162018 2014 18311831 1801 1927 1911 1919 1923 1959 1943 1946 21012086208720852019 2021 220922311839 1833 1845 1851 1844 18381828 1834 1839 1845 1810 1840 1834 1828 1852 1858 1852 1840 1846 1864 1858 1845 1839 1846 1858 1852 1845 1839 1857 1851 1869 1863223622422281 1934 1831 2 1 6 4 2 16 52122 1975 1928 1839 22771831 1955 2 1 5 8 1900 1831 1960 1972 19311938 1963 1973 1912 18312125 1845 2 1 7 0 1831 227922851831 19252131 188721 7 62124 22651831 2288 21072113228819 75 1865211622511918 20771955 1831 1978 216519 69 219322751922 1947 1926 1831 1977 184021182104 1 88 1 2251 23081954 21191942 1930 230818931967 21451919 1950 21851810 2 1 4 71932 227321101863 19 81 1931 1984 22631951 1990 1913 215519 63 1831 18311939 1846 18312194 1857 1906 1891 1831 21441831 22671949 1936 2112212821341924 1831 227121422152 23041966 1973 23001 87 5 1899Traf 1899Traf 2095 B221923 (Li -Not to Scale--Not a Survey- FUTURE LAND USE MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: LUP2013-04002 REZ2013-04002 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water MHDR, P Atlas Page: 254A RM Attachment number 1 \nPage 7 of 7 Item # 7 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 # 7 Exhibit B RM WATER P RM P P RM2050195019621930 1940 1910 19201923 1911 1931 1939207620721983 1977 1971 196520852091 21882194 21932175 2187 2181 216521411924 1906 19362125211321011978 1984 1966 1968211121232117 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 1876225422302224224222482236 1845 1851 1863 1869 1875 1 8 8 11887189918932101 1831210121701822 1834 20952086208220812087 20202019 20222021 22091851 1831 18312146 1831 21401961 2277188 0 1831 1907 1844 1831 18312146 227919252124 21241967 21401901 1955 218220891969 21201979 1951 1831 1844 20902102213420741919 21851943 21601875 1831 21161913 1963 1831 18312130 22671949 213420521 9 8 5 2300IL RM RU RU RM CG P R/O/R RLM R/OG P RM BELCHER RDSUNSET POINT RD U T O P I A N D R OLD COACHMAN RDALBRIGHT DRSTETSON DRSUNNYDALE BLVD ELMHURST DRGLENVILLE DRBECKETT LAKE DRSUN TREE DRLANSING DRPEPPERMILL DRPERTH ST20862 1521912 1918 1900 19301932 2131210721191960 1972 1990 2122211621042110212822512251215522001846 1846 1852 1857 200 18311831 192 191 191 192 195 193 194 20952095208020842088207920832085 22311821 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 19 2 1 5 8 19 19 19 1931 1833 1831 1845 2 1 7 0 1831 22851833 1831 2 1 7 6 22651831 1975 186 1831 227519 1831 18752118 19 2 147 22731869 1875 1863 1981 19226319 1831 1831 1831 1831 214421121875 1831 227121421973 MONTCLAIR RD NASH DRCITRUS CT HARTFORD WAYSHANGRILA DREAST CTSUN TREE CIRCAMELOT DRARBORET GROVE LN L A K E V I E W D R AM E R I C U-Not to Scale--Not a Survey- FUTURE LAND USE MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: LUP2013-04002 REZ2013-04002 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water/ Drainage Feature MHDR, P Atlas Page: 254A DRAINAGE FEATURE / Attachment number 2 \nPage 2 of 2 Item # 7 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 # 7 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 # 7 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 # 7 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 # 7 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 # 7 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 # 7 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 # 7 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 # 7 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 # 7 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 # 7 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 # 7 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 Cover Memo Item # 8 landscape area will be provided along the east property line; and that a 20 foot wide perimeter landscape area will be provided along the south property line. The proposal should meet the required five-foot wide foundation landscape requirement. Since no perimeter landscape buffers are required in the T District, the proposed landscape areas exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines:A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve:The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 92 units from the Hotel Density Reserve; Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; No full kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of dwelling unit in the Community Development Code; Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center; That no unit in the project shall be used as a primary or permanent residence. At least 150 units (75 percent) shall be required to be submitted to a rental program or reservation system requiring those hotel units to be available to overnight hotel guests on a transient basis at all times. Developer will use reasonable efforts to encourage owners of “ownership units” to voluntarily submit their unit to a rental program or reservation system requiring it to be available to overnight hotel guests on a transient basis when the unit is not occupied by the owner; and Provides language that will allow 52 units (25 percent) to be used as ownership units. Staff recommends that prior to a decision on the agreement that clarity be provided as to what percentage of units may be used for ownership units. Staff recommends that Council clarify if one of the following proposed criteria be used: That a percentage of the 67-units permitted by the base density (50 units per acre) may be used as ownership units; or That a percentage of the 67-units permitted by the base density (50 units per acre) and the 43-units accorded through the Termination of Status of Nonconformity for density may be used as ownership units; or That a percentage of the total number of proposed units (202), the 67-units permitted by the base density (50 units per acre) plus the 43-units accorded through the Termination of Status of Nonconformity for density plus the 92 units obtained from the Hotel Density Reserve, may be used as ownership units. 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. Cover Memo Item # 8 Review Approval: Cover Memo Item # 8 Resolution No. 13-27 RESOLUTION NO. 13-27 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND ENCHANTMENT, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Enchantment, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and Enchantment, LLC, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2013. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 8 Attachment number 2 \nPage 1 of 1 Item # 8 Attachment number 3 \nPage 1 of 15 Item # 8 Attachment number 3 \nPage 2 of 15 Item # 8 Attachment number 3 \nPage 3 of 15 Item # 8 Attachment number 3 \nPage 4 of 15 Item # 8 Attachment number 3 \nPage 5 of 15 Item # 8 Attachment number 3 \nPage 6 of 15 Item # 8 Attachment number 3 \nPage 7 of 15 Item # 8 Attachment number 3 \nPage 8 of 15 Item # 8 Attachment number 3 \nPage 9 of 15 Item # 8 Attachment number 3 \nPage 10 of 15 Item # 8 Attachment number 3 \nPage 11 of 15 Item # 8 Attachment number 3 \nPage 12 of 15 Item # 8 Attachment number 3 \nPage 13 of 15 Item # 8 Attachment number 3 \nPage 14 of 15 Item # 8 Attachment number 3 \nPage 15 of 15 Item # 8 Attachment number 4 \nPage 1 of 1 Item # 8 Attachment number 5 \nPage 1 of 4 Item # 8 Attachment number 5 \nPage 2 of 4 Item # 8 Attachment number 5 \nPage 3 of 4 Item # 8 Attachment number 5 \nPage 4 of 4 Item # 8 Looking south at existing Wyndem Garden Hotel. Looking south with the Wyndem Garden Hotel to the left and the Continental Tower to the right. 691 South Gulfview Boulevard 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 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 # 8 [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 # 8 [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 # 8 [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 # 8 [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 # 8 [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 # 8 [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 # 8 [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 # 8 [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 # 8 [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 # 8 [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 # 8 [A04-01420 /130684/2] 12 EXHIBIT “A” Legal Description of Project Site Attachment number 8 \nPage 12 of 20 Item # 8 [A04-01420 /130684/2] 13 EXHIBIT “B” Concept Plan Attachment number 8 \nPage 13 of 20 Item # 8 [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 # 8 [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 # 8 [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 # 8 [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 # 8 [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 # 8 [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 # 8 [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 # 8 CLEARWATER CITY COMMISSION Meeting Date: 0i/1) 1&', 00) Item #' As stated in Commission Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate (jn. h1tt 1a,2al as our spokesperson and waive our right to speak. Signature please print) f 6 e Print Name Print Name Signature Print Name AKic--eP Print ame Signature Print Name Signature 6d\ 4-k-q.60-n Print Name D/k Signature Print Name CH3 \CLERK\FORMS \Public Comments at Corn Mtg.doc 9700-0034 Jan 9, 2002 1: 6'9 \ \ i CLEARWATER CITY COMMISSION Meeting Date: 4 I-3 Item# 1-\\. As stated in Commission Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate' - S \ (please print) as our spokesperson and waive our right to speak. Signature Signature 611a51mn LeJe. Print Name Shal n Kri'pa lard Print Name nJan ; Ab let Y Print Name b k c lea 1c Si. ure Print Name Signa - e frAAcy'a Sign ature 6441/4,-„-- Signature Print Name PITC/A 101— /C-44 Print Name 6EAgTA KRNa Print Name CH3 \CLERK\FORMS \Public Comments at Corn Mtg.doc Jan 9, 2002 9700 -0034 CLEARWATER CITY COMMISSION Meeting Date: 0ck4-1( kit U5L Item # As stated in Commission Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate M,c'h'ieI Oieegag- as our spokesperson and waive our right to speak. I Signature Print Name Signature r- a-364c Signatur Signature Print Name please print) Print Name Print Name Signature Print Name Signature Print Name Signature Print Name CH3 \CLERK\FORMS \Public Comments at Corn Mtg.doc Jan 9, 2002 9700 -0034 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 Cover Memo Item # 9 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 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: Cover Memo Item # 9 Pursuant to Section 4-606.I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Review Approval: Cover Memo Item # 9 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the _______ day of _______________, 2013, and entered into between MAINSTREAM PARTNERS VIII, LTD., a Florida limited liability company ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 1.6 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 by demolishing existing hotel rooms and other uses in order to construct One Hundred Eighty (180) overnight accommodation units, meeting space for guest use, pool, new 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 One Hundred Eighty (180) units, which includes One Hundred (100) 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 Attachment number 1 \nPage 1 of 25 Item # 9 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 by the Developer. 3.3 The Property is generally located at 325 S. Gulfview Blvd., and 326 Coronado Drive, Clearwater, FL 33767 as more further described in Exhibit “A”. Attachment number 1 \nPage 2 of 25 Item # 9 3 SECTION 4. Scope of Project. 4.1 The Project shall consist of no more than 180 overnight accommodation units. The proposed density is 113 units per acre. 4.2 The Project shall include 216 parking spaces, as defined in the Community Development Code. 4.3 The proposed height of the building is 146 feet above base flood elevation. 4.4 The design of the Project, as represented in Exhibit “B”, is consistent with Beach by Design, except as otherwise shown on Exhibit “B. 4.5 The project shall comply with the Metropolitan Planning Organization (MPO) countywide approach to the application of concurrency management for transportation facilities. 4.6 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. A reservation system shall be required as an integral part of the hotel use and 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. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Economic Opportunity pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G. 2. 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: Attachment number 1 \nPage 3 of 25 Item # 9 4 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 Conceptual Site Plan attached as Exhibit "B". Revisions to the Site Plan and/or building elevations attached as Exhibit “B” shall be governed by the provisions of Code Section 4-406. 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. Any and all such approved and adopted amendments to this Agreement shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will 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 and record in the Public Records of Pinellas County, Florida 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. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed Attachment number 1 \nPage 4 of 25 Item # 9 5 and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. 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. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of units to the Reserve Pool. Covenant Regarding Use of Hotel Density Reserve Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 100 hotel units to the Project Site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any of the units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by the City and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve Units contained in the City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy for the Project, the Developer agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by the City and by this Agreement. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the hotel density is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. 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 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. 6.2 Obligations of the City. Attachment number 1 \nPage 5 of 25 Item # 9 6 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 Upon adoption of this Agreement, the Project shall receive 100 units from the Hotel Density Reserve as defined in Beach by Design. 6.2.4 This Agreement is contingent upon the proposed vacation of the Gulfview right of way adjacent to the westerly lot line of the Property. The City shall process a right of way vacation ordinance to vacate the Gulfview right of way adjacent to the westerly lot line of the Property conditioned upon submission of a complete set of building plans for construction of the improvements shown on Exhibit B. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Water Service – The proposed hotel will connect into an existing 6” potable water line located along the west side of Coronado Drive. The previously mentioned existing water line will be utilized for both drinking water and fire protection. 7.2 Sanitary Sewer Service – The proposed hotel will connect into an existing 8” sanitary sewer pipe located along the east side of Gulf View Boulevard. 7.3 Storm Sewer – The proposed hotel will discharge storm water overflow into an existing municipal storm sewer system located along the west side of Coronado Drive. 7.4 Fire protection from the City. 7.5 Transportation concurrency requirements have been met. Attachment number 1 \nPage 6 of 25 Item # 9 7 7.6 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. 7.7 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. 7.8 The Developer is responsible for the payment of any required impact fees. 7.9 There is no reservation or dedication of land for public purposes associated with the Project. 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) by the Community Development Board and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and 8.5 Ordinance vacating the Gulfview right of way adjacent to the westerly lot line of the Property. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement and is consistent with the City Comprehensive Plan and the Code. The further finds that requirements for concurrency as set forth in Article 4, Division 10, of the Community Development Code have been satisfied. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Attachment number 1 \nPage 7 of 25 Item # 9 8 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: Mainstream Partners VIII, LTD. 10165 NW 19th Street Miami, FL 33172-2529 With Copy to: Mr. Antonio Fernandez Mainstream Partners VIII, LTD. 2552 22nd Ave. N. St. Petersburg, FL 33713 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 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 8 of 25 Item # 9 9 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 9 of 25 Item # 9 10 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 Attachment number 1 \nPage 10 of 25 Item # 9 11 those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same 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. SIGNATURE PAGE FOLLOWS Attachment number 1 \nPage 11 of 25 Item # 9 12 IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: MAINSTREAM PARTNERS VIII, LTD., a Florida limited partnership BY: MAINSTREAM GP, LLC, its General Partner BY: EDWARD W. EASTON & COMPANY, INC., it Managing Member ________________________________ By: ________________________________ Print Name_______________________ Edward W. Easton, President _________________________________ Print Name________________________ As to “Developer” CITY OF CLEARWATER, FLORIDA By: William B Horne II, City Manager Attest: __________________________________ Rosemarie Call, CMC, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ __________________________________ Assistant City Attorney Attachment number 1 \nPage 12 of 25 Item # 9 13 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this ___ day of _____________, 2013, by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liability company, as General Partner of Mainstream Partners VIII, a Florida limited partnership, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced _____________________________ as identification. _________________________________ Print: ____________________________ Notary Public – State of Florida My Commission Expires: Attachment number 1 \nPage 13 of 25 Item # 9 EXHIBIT “A” PROJECT LEGAL DESCRIPTION PARCEL "A" CLEARWATER HOTEL COMPLEX LEGAL DESCRIPTION PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 11: THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND 117, THE LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT-OF-WAY VACATION: THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT-OF-WAY (70.00 FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 1.60 ACRES MORE OR LESS. Attachment number 1 \nPage 14 of 25 Item # 9 EXHIBIT “B” SITE AND BUILDING PLANS Attachment number 1 \nPage 15 of 25 Item # 9 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 MAINSTREAM PARTNERS VIII, LTD., a Florida limited liability company ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of “Beach by Design,” a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution __________, passed and approved on ____________, 20_____, 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. Attachment number 1 \nPage 16 of 25 Item # 9 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 maximum of One Hundred (100) 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 Eighty (80) units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2013). 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. Attachment number 1 \nPage 17 of 25 Item # 9 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. SIGNATURE PAGE FOLLOWS Attachment number 1 \nPage 18 of 25 Item # 9 IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this ___ day of ______________, 2013. In the Presence of: MAINSTREAM PARTNERS VIII, LTD., a Florida limited partnership By: MAINSTREAM GP, LLC, its General Partner By: EDWARD W. EASTON & COMPANY, INC., its Managing Member ________________________________ By: ________________________________ Print Name_______________________ Edward W. Easton, President _________________________________ Print Name________________________ As to “Developer” CITY OF CLEARWATER, FLORIDA By: William B Horne II, City Manager Attest: __________________________________ Rosemarie Call, CMC, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ __________________________________ Assistant City Attorney Attachment number 1 \nPage 19 of 25 Item # 9 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this ___ day of _____________, 2013, by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liability company, as General Partner of Mainstream Partners VIII, a Florida limited partnership, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced _____________________________ as identification. Print: Notary Public – State of Florida My Commission Expires: Attachment number 1 \nPage 20 of 25 Item # 9 SCHEDULE 1 PARCEL "A" CLEARWATER HOTEL COMPLEX LEGAL DESCRIPTION PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 11: THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND 117, THE LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT-OF-WAY VACATION: THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT-OF-WAY (70.00 FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 1.60 ACRES MORE OR LESS. Attachment number 1 \nPage 21 of 25 Item # 9 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 MAINSTREAM PARTNERS VIII, LTD., a Florida limited liability company ("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 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. Attachment number 1 \nPage 22 of 25 Item # 9 This Covenant shall be recorded in the public records of Pinellas County, Florida, prior to the issuance of the first building permit for improvements to the Real Property. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _____ day of ______________, 2013. In the Presence of: MAINSTREAM PARTNERS VIII, LTD., a Florida limited partnership By: MAINSTREAM GP, LLC, its General Partner By: EDWARD W. EASTON & COMPANY, INC., its Managing Member ________________________________ By: ________________________________ Print Name_______________________ Edward W. Easton, President _________________________________ Print Name________________________ As to “Developer” CITY OF CLEARWATER, FLORIDA By: William B Horne II, City Manager Attest: __________________________________ Rosemarie Call, CMC, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ __________________________________ Assistant City Attorney Attachment number 1 \nPage 23 of 25 Item # 9 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this ___ day of _____________, 2013, by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liability company, as General Partner of Mainstream Partners VIII, a Florida limited partnership, on behalf of the aforesaid entities. He is [ ] personally known to me or has [ ] produced _____________________________ as identification. _________________________________ Print: ____________________________ Notary Public – State of Florida My Commission Expires: Attachment number 1 \nPage 24 of 25 Item # 9 6900317v9 SCHEDULE A PARCEL "A" CLEARWATER HOTEL COMPLEX LEGAL DESCRIPTION PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 11: THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND 117, THE LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT-OF-WAY VACATION: THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT-OF-WAY (70.00 FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 1.60 ACRES MORE OR LESS Attachment number 1 \nPage 25 of 25 Item # 9 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 # 9 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 OF MEXICOCLEAR 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 -Not to Scale--Not a Survey-Attachment number 3 \nPage 1 of 4 Item # 9 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 HAMDEN DR CORONADO DR CORONADO DR FIFTH ST FIFTH ST S GULFVIEW BLVD S GULFVIEW BLVD BRIGHTWATER DR BRIGHTWATER DR -Not to Scale--Not a Survey-Attachment number 3 \nPage 2 of 4 Item # 9 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 HAMDEN 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 106333 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 320 325 326 343 341 347 333 347 410 319LoadC -Not to Scale--Not a Survey-Attachment number 3 \nPage 3 of 4 Item # 9 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 606070 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)50606060 70 70 60 176041758688438 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 106333 316 333 401 348 316315 316 405 309 321 305 351 406 409 323 355 331 401 332 409LoadC 320 325 326 343 341 107350 347 333 319 325 317 333 347 327 410 403Elec 319LoadC 409LDCTR -Not to Scale--Not a Survey-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 # 9 CASE NO: HDA2013 -08004 ADDRESS: 325 South Gulfview Boulevard Resolution: 13 -28 Table of Contents: 1) Staff Report 2) Outdoor photos of Coronado Drive and S. Gulfview Blvd 3) Page 59 of Beach by Design "Beach Walk" 4) Applicant's attachments showing proposed access from S. Gulfview Blvd. 5) Opposition letter from adjacent property owner David Little 6) Aerial photo of 333 and 325 S. Gulfview Blvd. 7) Crabby's Beachwalk website photos Prepared in opposition to CASE NO HDA2013 -08004 by: Michael C. Foley Macfarlane Ferguson & McMullen P.A. 625 Court Street, Clearwater, FL 33756 On behalf of : David Little owner of 333 S. Gulfview Blvd. Crabby's Beachwalk Bar & Grill MINI1101111111111111N1111111111111111111M11111111111•1111111•11111111111•111111111111111111 CASE NO: HDA2013 -08004 ADDRESS: 325 South Gulfview Boulevard Resolution: 13 -28 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 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 which exceed 100 feet are 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 which 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 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. Site history: In 2005 the site was the subject of a Leval 11 Flexible Development application (1 L D20O5- 02021) tiv'hich squested approval to permit attached dwellings m the Tourist District, an increase in height from 30 feet to 148 li~et (as measured l'iom base flood elevation to the roof deck), permit a bonding tlitin the required sight, visibility trim lc rilong Coronado Drive and 5111 Street as part of a Comprehensive lnJi11 1Zedcyelopntent Project under thc: provisions of then. Section 2- 803.0. a Termination of the status of a nonconformity under Mc provisions of Section 6- 109.0 . Preliminary Plot and a Transfer of Development Kiuh/s (111)R2005-03020) of |O |wie| from 401 nuvmdo/40o Hamden i)ivox (donor site) to 325 South Gu|[vim, Boulevard under the provisions o[ Sections 4-l402 and 4-|403. 1lm| case was approved by Uhc ['ommouih/ Development Board h:sud on a recommendation or approval bv the Development Review (nmmmoc Mk() on July 19, 2005 with 15 conditions. Pursuant to Section 4-407, an application for a building permit shall be made within One (1) year of Flexible 1...)evelopment approval (by July 19. 2006). All required certificates of occupancy shall he obtained within two (2) years of the date of issuance of the building permit. A time extension was requested and approved on March 13. 2007 however, building permits were not obtained within the required /imehu/ue |hC/ctixe` the application cXpi,oJ o2007 the site was the subject o[oLcvo|U Flexible Development application (FiL))O0r-8602<0which requested approval |o pcnni( the addition of a Parking Garage and Lo( of ;17 spaces to the above referenced submittal (FiD2005-02021/T0R2005'03020), with reductions to the front (south along 5th Street) setback from 15 feet to 1.4 feet ((o screen wall) and to 5.5 fee( (to pavement). a reduction |oUe from (east along Hamden Drive) nom 15 feet to 12.7 fetu (lo butIdin) and an increase to building height from 35 feu/ to 51.35 fcei (10 top parkin deck). as a Comprehcnsive lrfiIl Redevelopment Project, undeY the provisions of Section 2`803.C. with a reduction |o required foundation landscaping on the south side of parking garage from five to |um feet, as a Comprehensive Landscape Program, under the provisions of Section 3'1202.6. Thal case was approved by the Community Development Board based on u occommux|x0000|upymva| the Devc|opmcot Review [mrni(tee(DRC)on August 2)'ZDO7with i4 conditions. Pursuant to Section 4'407' an application for building permit shall bexudu within one (|) year of Hu/(0c [k»u|opmvx| approval (by August Z|,2000). W) required certificates of occupancy shall bc obtained nN/io/vo2vcnon[du date ,[issxxn' 'on/h permit. tiliddififi. penn/ sncry not obtained x/U`ix /|u required mo6mnu nor was n time eNtuosiox requested du.ro|hm. dhe upp/ico;i"/ c`pi,u/. In 2012' an application for uLerc| U Flexible Development review (FLD2072'11020} was submitted. However, that application was found iohu incomplete and no formal review was conducted. While the applicant was preparing complete application the process by which density h:|krucU via the Reserve ohnngc | and |bcoh`pu an site plan review will take place yxhseqxmnito this review pnexsm. c- INN = MI ME MIN =II =II MIN 111111 =I MN NMI MI MINI MN MI y S N I MI N% M I I NM N N MI M N M NM - N= NMI I- MI M M NM MI MI - M N r MI MIN M S 111114 MI MB MIMI RR. .RR alm Iwl. !-. 7 f aA RRt .RR f .. u •11 i.,,,.- Itk a #, t Ck W Rw r . UN rr ir- Rtw .g wnnrr 1rlrgA ., MN k .. irn rrrr rrrarr mmommono . ; kw ..% !!! rrummom In MUIR etwastame MEMO. Miliarr r" KO MOTOR VEHICLES 1 1 saWSZTZ INN MI INN MN NM MIN MINI 11011 MINI INN MIK •IIII 101111 v I I MN NM MEI NMI MI INS BM MI NMI Inn all NS NIB I! s— MN r— I N NM Beach by Design Beach by Design recognizes that closing South Gulfview would be a substantial incentive for redevelopment. However, Beach by Design is grounded in the balance between the needs and interests of residents and tourists. In this context, Beach by Design proposes that South Gulfview be maintained as a public road, but that South Gulfview, be transformed into a great beachfront place which would rival, indeed outdo, the other popular beachfront drives in Florida including A1A in Fort Lauderdale Beach and South Ocean Drive in Miami Beach. The proposal is to create a beachfront drive that is uniquely Clearwater and is at the same time a great address" and a great "place." Beach by Design proposes to create a great beachfront — to be known as Beach Walk" — by relocating South Gulfview from the existing right of way to the west where the existing surface parking lots are located. The redevelopment and revitalization of the properties that front on South Gulfview is constrained by several factors including small parcel sizes and the Coastal Construction Control Line. As a result, most of the motels and hotels along the east side of South Gulfview have limited opportunities even if Clearwater Beach is repositioned in place. The Beach by Design proposal to relocate South Gulfview to the west of its current alignment achieves multiple purposes. First, it creates a drive with a real view of the Beach and the Gulf of Mexico. Second, it would allow the City to vacate the east 35 NM ENO feet of the existing right of way in favor of the properties along the eastern frontage of existing South Gulfview as an incentive for appropriate redevelopment. Many of the existing properties would substantially benefit from an additional 35 feet of depth which could be used for the addition of facilities and amenities such as safe and comfortable areas for outdoor dining. Beach by Design includes a proposal that the parking lots to the west of South Gulfview be removed from the Beach as was recommended in Strategies for Revitalization. Beach by Design proposes two alternative alignments for South Gulfview — a sinuous alignment and a parallel alignment. In either alignment the road would be configured as a two way, two lane section. Whatever the alignment, Beach by Design proposes that the realigned South Gulfview include a 30 foot wide pair of pathways along the western edge of the alignment — one for bicycles and roller bladers and the other for pedestrians. In addition, Beach by Design recommends that the western half of the existing right of way be converted into a broad pedestrian promenade with sidewalk cafe seating and other traditional sidewalk scenery. In the event that the City implements the Beach by Design recommendation for an intra - Clearwater Beach transit system, the transit guide way would be located along the western edge of the promenade. for redevelopment the tourism market 59 Beach by Design: A Preliminary Design for Clearwater Beach City of Clearwater, Florida 0 0 Dr. A n 0 325 S. Gulfview Blvd. Clearwater, FL 1/4bisar. 33767 & 326 Coronado Drive 51 0.4410 Nr. W1. 147.1. AND n0[M:KYwuk CORONADO DRIVE OWIR1111NIA, 1.1Mi1 Ip11r\tln • NTICI r BUILDING UNE LEYEND ya. PROPERTY UNE 00.1•.• BUILDING PERIMETER LINE BUILDING FOOT PRINT JL1 6 ID . o_ CD C a o I cij ID M 1f3NM dl zmeaKt eau AY 111• ROCTI.FUN elan W A40 111E-- -.NEI _- NEN NIIII imutRCEI N MI MI M MN M = INIII N M = I r MI 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Chris Foley From: David Little [dlittle25 @tampabay.rr.com] Sent: Wednesday, October 16, 2013 2:57 PM To: Chris Foley Subject: Fw: OBJECTION TO 325 S GULFVIEW BLVD Mayor and Clearwater City Council, The Development agreement submitted by Mainstream Partners VIII, LTD, for Density at 325 South Gulfview Blvd. in its conceptual design fails to show any legitimate hardship that could potentially justify a thru -road exiting on S Gulfview. The conceptual design shows the proposed project has frontage on Coronado of approximately 343 feet! That is more road frontage than either the Hyatt Hotel and /or Surf Style, both of which comply with the intent of Beach by Design by having their entrance and exit on Coronado Drive. The conceptual design also specifically names buses in the drop off area! Buses are precisely what the planners of Beach by Design did not want on South Gulfview. This is clearly a case of not complying with Beach by Design and should not be approved as a basis for granting Density as required in the Agreement! As for the Impact on myself and the adjacent neighbors and tenants the dead end road that this hotel intends to connect to was certainly never designed for thru traffic or intended to be used for an exit for buses and a 180 room hotel! This is a Service road to access the three properties that have no other option. The planners and City engineering were undecided on how to provide access to these 3 properties and at first designed a separate road from the south running north parallel to South Gulfview ending at my north property line but did not like it because it would be confusing to people that really wanted to go north on Gulfview and would end up at a dead -end and have to turn around. Realizing the issue the three property owners offered the current configuration with one entrance off of S Gulfview rather than three separate entrances. The design works but only because all the businesses are restaurants and must be accommodating to each others needs. The west side curb is red for Fire Truck access and therefore No Parking. The east side provides direct access into McDonalds parking lot. Frenchy's South Beach is on the South dead end with a driveway. Crabbys Beachwalk and the Clearwater Beach Chamber Visitor Center is at the north dead end with a driveway. Both French's and Crabby's Beach Walk have constructed an outdoor dining area on the old Gulfview ROW within their extended property lines out to the edge of Beach Walk with the City's permission and design approval. Very often one or all three restaurants will have Service vehicles,Cisco foods,beer trucks, cars parked for the Visitors Center and and City dumpster trucks pulling in to lift dumpster's pushed out into the road for pick -up. McDonalds has the most traffic but it goes straight in and out, whereas Frenchy's and Crabby's Beach Walk are at times in grid lock until loading is complete. Making this service road a thru street for 325 South Gulfview would create a critical situation and have very negative impact on the operation of these businesses that have already comprised on a single entrance off of S Gulfview. This is not an issue to take lightly as limiting traffic on South Gulfview is a key component of Beach By Design. Allowing this design will set a precedent for a decline in the quality of Beach Walk. Sincerely, David Little 1734 Casey Jones Court Clearwater, Fl 33765 Property owner, 333 South Gulfview Blvd. 1 MI NM N MN MI r NM MN • MI MI N NM 1111111 1 MI IMINI NMI M— NM M i— NM M N M r s_ Me NM r Home Crabby Bills Seafood Page 1 of 2 Home Contact Us Shopping Locations Menus Facebook About Us Catering Email Club PH: 727-608-2065 email: beachwalk @crabbybills.com Address: 333 S.Gulfview Blvd Clearwater Beach, FI. 33763 Hours: Sam -1 am Daily Breakfast Served Daily Full Menu Serveti Until lam Live Euitertainmet http://www.crabbybills.com/BW.html 10/16/2013 Home Crabby Bills Seafood Eri 0^okinMtn •a visor The milil e offer the sa s bu •ur m Page 2 of 2 gre vari 11 avail rating of this 0101"010 Click to rate Title your review Your Review Rps & glidelines What sort of visit was this? 117ie When did you visit? Select one Click to select a rating (optional Food Value 2.2 00 02 0 0 20 00 0 00 09 22 00 00 29 u 0 29 0 0 0 0 00 00000:: 00000 0000• ' 0000111- 00000'": 00000 00000 043011•, 00000 ,— 010111•• 00000 ' 00000 - 00000 00000•-"- 0000* 000••,- 000001 00000 00000 00••• 0 0 0 0 0 04%0.00 . 0 0 0 o`o+ c ) . • • u 0 al. • • • • • 0000•c • • 000 0 • 000 (3 • 0 0-0 • • C=1111.,...! 0 0 0 • • 040:3: 014= 1111111I.,..4 0:00•::11111.WV4a ° • • oco•. e:c.:mmo: 0:0 o 0 • • • o.•...•:•.--cimm• • • 04copecl••.0111111 040/0.9.44Trommo 0 0 0 0 0 00000( 11,..) 0 0 0 (.3 4o- • + —t0.0.0.0.0C , 0 0 0 0 • 0-0-0 OW( MI; 000 a • 0:0.0:41+•+==.., 0 0 0 • • 00.+ 4= 111•‘:_:: 4 0A••• C311111111•11.,* 0 0 • • • 0•••••••••+CIII • • • oasotiOAAAAOmmmw 041014rovammmo 00000 http://www.crabbybills.com/BW.html 10/16/2013 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 Cover Memo Item # 10 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) 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, Cover Memo Item # 10 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 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: Cover Memo Item # 10 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 20 Item # 10 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 20 Item # 10 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 20 Item # 10 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 20 Item # 10 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. A reservation system shall be required as in integral part of the hotel use and there shall be a lobby/front desk area typical to such hotel use. 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 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. 6.1.9 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. Attachment number 1 \nPage 5 of 20 Item # 10 6 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the Cit y. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until 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: Attachment number 1 \nPage 6 of 20 Item # 10 7 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: 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 20 Item # 10 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. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. Attachment number 1 \nPage 8 of 20 Item # 10 9 SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the Attachment number 1 \nPage 9 of 20 Item # 10 10 extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: 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” CITY OF CLEARWATER, FLORIDA Attachment number 1 \nPage 10 of 20 Item # 10 11 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 20 Item # 10 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 20 Item # 10 13 EXHIBIT “B” Site Plan Attachment number 1 \nPage 13 of 20 Item # 10 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 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 Attachment number 1 \nPage 14 of 20 Item # 10 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 Fifty-five units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No such hotel unit shall be used as a primary or permanent residence. 2.1.2 All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2012). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. Attachment number 1 \nPage 15 of 20 Item # 10 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 16 of 20 Item # 10 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 17 of 20 Item # 10 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, 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 18 of 20 Item # 10 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 19 of 20 Item # 10 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 20 of 20 Item # 10 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 # 10 Attachment number 2 \nPage 2 of 10 Item # 10 Attachment number 2 \nPage 3 of 10 Item # 10 Attachment number 2 \nPage 4 of 10 Item # 10 Attachment number 2 \nPage 5 of 10 Item # 10 Attachment number 2 \nPage 6 of 10 Item # 10 Attachment number 2 \nPage 7 of 10 Item # 10 Attachment number 2 \nPage 8 of 10 Item # 10 Attachment number 2 \nPage 9 of 10 Item # 10 Attachment number 2 \nPage 10 of 10 Item # 10 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 SITE CLEAR WATER PAS SSGULFVIEWBL V D BAYSIDEDR BAYWAY BLVDHAMDEN DR GULF BLVD BRIGHTWA TE R DR CORONADODR-Not to Scale--Not a Survey-Attachment number 3 \nPage 1 of 4 Item # 10 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 S G U LF VIE W B LV D S G U LF VIE W B LV D BAYWAY BLVD BAYWAY BLVD -Not to Scale--Not a Survey-Attachment number 3 \nPage 2 of 4 Item # 10 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 LV D BAYWAY BLVD T P P OS/R 640672670668666664662658650652654656646612670660645649675636655661620656691652601671600653561 654642521606619651540530650630648660601621PSTA625-Not to Scale--Not a Survey-Attachment number 3 \nPage 3 of 4 Item # 10 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 36565 2 3 4 5 6 1 130606005004 17865 05649 *05 B C 1 2 3 4 5 6 7 8 10 9 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 16 17 1 1 2 3 4 5 6 7 8 9 10 11 19 18 17 22/01 22/04 1 CLEARWATER PASS S GULFV IEW BLVD BAYWAY BLVD 640672670668666664662658650652654656646612670660645649675636655661620656691652601671600653561 642521606619651540530650630648660601654625621PSTA-Not to Scale--Not a Survey-ATTACHED DWELLINGS AUTO SERVICE STATION OUTDOOR REC./ENTERTAINMENT RETAIL PLAZA OVERNIGHT ACCOMMODATIONS OVERNIGHT ACCOMMODATIONS ATTACHED DWELLINGS Attachment number 3 \nPage 4 of 4 Item # 10 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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. (TA2013-08007) 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) Official Records and Legislative Services Cover Memo Item # 11 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 # 11 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 # 11 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 # 11 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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: Cover Memo Item # 12 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 # 12 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 # 12 Attachment number 1 \nPage 3 of 7 Item # 12 Attachment number 1 \nPage 4 of 7 Item # 12 Attachment number 1 \nPage 5 of 7 Item # 12 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 # 12 S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Rd 2200 and 2251 LUP2013-04002 - Webb Nursery\Maps\Maps W_O Belcher\LUP_REZ2013-04002 Zoning Map.doc P P BELCHER RDSUNSET POINT RDUTOPIAN DROLD COACHMAN RDALBRIGHT DRSTETSON DRSUNNYDALE BLVD ELMHURST DRGLENVILLE DRNASH DRBECKETT LAKE DRCI TRU S C T SUN TREE DR ASBURY DRLANSING DRPE RTH S T PEPPERMILL DRLAKE ARBOR BLVD 2030 2001 2000 2010 2018 2014 2006 2022 2026 21011831 1927 1911 1919 1923 1959 1937 1946 210121701822 183420882087202020222021 22091821 1826 1832 1838 1816 1822 1828 1821 1815 1864 1816 1822 1815 1821 1863 1857 18701869 1834 1870 1857 1869 1851 1827 1815 1821 1822 1816 1864 1870 1821 1827 1809 1815 1833 1845 1839 1851 1869 186322362242 1831 21211934 1831 2286 21461831 214021411961 1928 1880 1831 23291876 1965 1907 1844 1935 1918 1831 21811931 1938 19 63 19 73 1958 22542187 19 622091 1931 1833 183121462050 188719622124212419 75 186521111967 18762140 211121011955 21 822089210119692123 1922 1926 1875 1977 21201 88 1 1979 2072 1951 1968 1831 1954 1942 1844 209021022301213422301970 22242308189319 67 20741919 1950 1914 1966 1943 1869 1876 21601875 1875 1831 2188 1931 21161951 1913 19 63 18311939217521941971 1856 1891 2248195021301949 213421171875 23041 9 8 5 23001 87 5 1921 (Al1930 thr1923 (Li 1911 thr1911 (Ba C O P MDR IRT C I C MDR O LMDR LMDR LMDR LMDR MONTCLAIR RD ATLANTIS DRSIDNEY AVEARBOR LNAMERICUS D HARTFORD WAYSHANGRILA DRCAMELOT DRTHAMESLAKEVIEW DRST CT T GROVE LN 231618311831 1801 19 43 208620851 2019 22311839 1827 1833 1845 1851 1844 1850 1828 1834 1827 1839 1833 1845 1851 1857 1810 1840 1834 1828 1852 1858 1827 1851 1852 1840 1846 1864 1858 1863 1845 1839 1846 1858 1852 185722812164 2 16 52122 1975 1839 22771831 1955 2 1 5 8 1900 1960 1972 1912 18312125 1845 2 1 7 0 1831 227922851833 1831 19252131 21 7 6 22651831 2288 21072113228819012116 22511918 20771831 1978 21652193227519 47 1831 1840211821042251 230821191930 214521851810 2 14 71932 227321101863 19 81 1984 22631990 213121551831 1846 1831 1831 1857 1906 183121441831 22671936 211221281924 1831 227121422152 1966 1973 1899Traf 1899Traf 2095 B221910 thrS/R LMDR LMDR-Not to Scale--Not a Survey- ZONING MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: LUP2013-04002 REZ2013-04002 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water MHDR, P Atlas Page: 254A MHDR Attachment number 1 \nPage 7 of 7 Item # 12 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 # 12 Exhibit B MHDR P MHDR MHDR 2050195019621930 1940 1910 19201923 1911 1931 1939207620721983 1977 1971 196520862091 21882194 21932175 2187 2181 216521411924 1906 19362125211321011978 1984 1966 1968211121232117 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 1876225422302224224222482236 1845 1851 1863 1869 1875 1 8 8 11887189918932101 1831210121701822 1834 20952080208620812087 20202019 20222021 22091851 1831 18312146 1831 21401961 227718 80 1831 1907 1844 1831 18312146 227919252124 21241967 21401901 1955 218220891969 21201979 1951 1831 1844 20902102213420741919 21851943 216018 75 1831 21161913 1963 1831 18312130 22671949 213420521 9 8 5 2300BELCHER RDSUNSET POINT RD UT O P I A N D R OLD COACHMAN RDALBRIGHT DRSUNNYDALE BLVD STETSON DRELMHURST DRGLENVILLE DRBECKETT LAKE DRSUN TREE DRLANSING DRPEPPERMILL DRPERTH STC P O MDR IRT C C MDR I O LMDR LMDR LMDR2085 21521912 1918 1900 19301932 2131210721191960 1972 1990 2122211621042110212822512251215522001846 1846 1852 1857 20 18311831 19 19 19 19 19 19 19 2095209520782084208820822079207720832085 22311821 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 22851833 1831 2 1 7 6 22651831 1975 18 1831 22751 1831 18752118 1 2147 22731869 1875 1863 1981 1226319 1831 1831 1831 1831 214421121875 1831 227121421973 MONTCLAIR RD NASH DRCITRUS CT HARTFORD WAYEAST CT SHANGRILA DRSUN TREE CIRCAMELOT DRARBOR ET GROVE LN L A K E V I E W D AM E R I C U OS/R LMD LMD LMD LMD-Not to Scale--Not a Survey- ZONING MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: LUP2013-04002 REZ2013-04002 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water/ Drainage Feature MHDR, P Atlas Page: 254A Attachment number 2 \nPage 2 of 2 Item # 12 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 # 12 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 # 12 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 # 12 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 # 12 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 # 12 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 # 12 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 # 12 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 # 12 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 # 12 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 # 12 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 # 13 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 # 13 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 # 13 Attachment number 2 \nPage 1 of 1 Item # 13 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 # 14 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 # 14 Attachment number 2 \nPage 1 of 1 Item # 14 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 # 15 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 # 15 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 # 15 Attachment number 2 \nPage 1 of 1 Item # 15 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 # 16 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 # 16 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 # 16 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 # 16 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 # 17 [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 # 17 [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 # 17 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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: Cover Memo Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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: Cover Memo Item # 19 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 # 19 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 # 19 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 # 19 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. Attachment number 1 \nPage 4 of 15 Item # 19 5 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 Attachment number 1 \nPage 5 of 15 Item # 19 6 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. Attachment number 1 \nPage 6 of 15 Item # 19 7 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 Attachment number 1 \nPage 7 of 15 Item # 19 8 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). Attachment number 1 \nPage 8 of 15 Item # 19 9 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 Attachment number 1 \nPage 9 of 15 Item # 19 10 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. Attachment number 1 \nPage 10 of 15 Item # 19 11 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 Attachment number 1 \nPage 11 of 15 Item # 19 12 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 Attachment number 1 \nPage 12 of 15 Item # 19 13 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. Attachment number 1 \nPage 13 of 15 Item # 19 14 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 Attachment number 1 \nPage 14 of 15 Item # 19 15 Attachment number 1 \nPage 15 of 15 Item # 19 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 # 20 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: Cover Memo Item # 20 Attachment number 1 \nPage 1 of 1 Item # 20 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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: Cover Memo Item # 21 HEALTH CARE 20141Attachment number 1 \nPage 1 of 12 Item # 21 2014 Cost ProjectionCurrent annual funding Current annual funding = $15.65 million CY= $15.65 million CY2= $15.65 million CY= $15.65 million CY(City and Employee)(City and Employee)Anticipated increase Anticipated increase projected at 7.9% FYprojected at 7.9% FYCity increase is $783,000 City increase is $783,000 above FY 2014 budget above FY 2014 budget Attachment number 1 \nPage 2 of 12 Item # 21 Renewal QuotesNo Premium IncreaseIncrease DeductibleIncrease DeductibleIncrease OOP MaxIncrease OOP Max3Increase OOP MaxIncrease OOP MaxIncrease CoinsuranceIncrease CoinsuranceIncrease HospitalIncrease HospitalIncrease ERIncrease ERIncrease Urgent CareIncrease Urgent CareAttachment number 1 \nPage 3 of 12 Item # 21 City Renewal HistoryProjected vs. Actual24%26%18%25%20%30%Percentage of IncreaseCigna Proposed Increase415%18%11%11%11%2%17%11%5%-1%13%13%-10%0%10%20%2007200820092010201120122013Percentage of IncreaseProjected IncreaseActual Increase*Attachment number 1 \nPage 4 of 12 Item # 21 City Claims HistoryClaims Per Employee/Month$629$551$585$590$689 $80017% YTD5$629$551$483$585$590 $- $200 $400 $6002008 2009 2010 2011 2012 2013(YTD)Attachment number 1 \nPage 5 of 12 Item # 21 What‘s Driving Claim Increases6For the 2012 year the total for claims over For the 2012 year the total for claims over $25,000 was $5.9mil.$25,000 was $5.9mil.Attachment number 1 \nPage 6 of 12 Item # 21 Reasons to maintainSelf-FundingClaims are stableClaims are stableCity “trend” below underwriting City “trend” below underwriting 7City “trend” below underwriting City “trend” below underwriting standard for marketstandard for marketContinued success of EHCContinued success of EHCBenefits Committee buyBenefits Committee buy--in in on employee responsibilityon employee responsibilityAttachment number 1 \nPage 7 of 12 Item # 21 RecommendationsBenefits Committee recommends:Benefits Committee recommends:––Continue selfContinue self--fundingfunding8––Continue selfContinue self--fundingfunding––Remain with CignaRemain with Cigna––Maintain dualMaintain dual--plan, single rate plan, single rate option with PHA incentive option with PHA incentive Staff concurs with Benefits Staff concurs with Benefits Committee recommendationCommittee recommendationAttachment number 1 \nPage 8 of 12 Item # 21 Reasons for renewingwith CignaNo network disruptionNo network disruptionClaims administration and Claims administration and 9Claims administration and Claims administration and reporting track recordreporting track recordCustomer service including Customer service including fullfull--time onsite representativetime onsite representativeWellness fundingWellness fundingAttachment number 1 \nPage 9 of 12 Item # 21 Cigna Self-fund ProposalTotal Health Care CostEstimated Cost CY2014Estimated Cost CY2014= $15.65M= $15.65M10= $15.65M= $15.65Moo$12.13M City$12.13M Cityoo$3.52M Employee/Retiree/COBRA$3.52M Employee/Retiree/COBRAAttachment number 1 \nPage 10 of 12 Item # 21 City Budget FY 2014 = $11,096,000City Budget FY 2014 = $11,096,000Estimated City 2014 = $11,879,000Estimated City 2014 = $11,879,000Cigna Self-fund ProposalCity Health Care Cost11Estimated City 2014 = $11,879,000Estimated City 2014 = $11,879,000TOTAL INCREASE = TOTAL INCREASE = $783K$783K(All figures based on FY13 enrollment (All figures based on FY13 enrollment and 1480 FTE positions)and 1480 FTE positions)Attachment number 1 \nPage 11 of 12 Item # 21 HEALTH CARE 201412Attachment number 1 \nPage 12 of 12 Item # 21 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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: Cover Memo Item # 22 Attachment number 1 \nPage 1 of 33 Item # 22 Attachment number 1 \nPage 2 of 33 Item # 22 Attachment number 1 \nPage 3 of 33 Item # 22 Attachment number 1 \nPage 4 of 33 Item # 22 Attachment number 1 \nPage 5 of 33 Item # 22 Attachment number 1 \nPage 6 of 33 Item # 22 Attachment number 1 \nPage 7 of 33 Item # 22 Attachment number 1 \nPage 8 of 33 Item # 22 Attachment number 1 \nPage 9 of 33 Item # 22 Attachment number 1 \nPage 10 of 33 Item # 22 Attachment number 1 \nPage 11 of 33 Item # 22 Attachment number 1 \nPage 12 of 33 Item # 22 Attachment number 1 \nPage 13 of 33 Item # 22 Attachment number 1 \nPage 14 of 33 Item # 22 Attachment number 1 \nPage 15 of 33 Item # 22 Attachment number 1 \nPage 16 of 33 Item # 22 Attachment number 1 \nPage 17 of 33 Item # 22 Attachment number 1 \nPage 18 of 33 Item # 22 Attachment number 1 \nPage 19 of 33 Item # 22 Attachment number 1 \nPage 20 of 33 Item # 22 Attachment number 1 \nPage 21 of 33 Item # 22 Attachment number 1 \nPage 22 of 33 Item # 22 Attachment number 1 \nPage 23 of 33 Item # 22 Attachment number 1 \nPage 24 of 33 Item # 22 Attachment number 1 \nPage 25 of 33 Item # 22 Attachment number 1 \nPage 26 of 33 Item # 22 Attachment number 1 \nPage 27 of 33 Item # 22 Attachment number 1 \nPage 28 of 33 Item # 22 Attachment number 1 \nPage 29 of 33 Item # 22 Attachment number 1 \nPage 30 of 33 Item # 22 Attachment number 1 \nPage 31 of 33 Item # 22 Attachment number 1 \nPage 32 of 33 Item # 22 Attachment number 1 \nPage 33 of 33 Item # 22 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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: Cover Memo Item # 23 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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: Cover Memo Item # 24 Attachment number 1 \nPage 1 of 2 Item # 24 Attachment number 1 \nPage 2 of 2 Item # 24 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 $1,491,820.00 See Summary Bid Required?:Yes Bid Number:RFQ 15-13 Other Bid / Contract:Bid Exceptions:None Review Approval: Cover Memo Item # 25 Attachment number 1 \nPage 1 of 4 Item # 25 Attachment number 1 \nPage 2 of 4 Item # 25 Attachment number 1 \nPage 3 of 4 Item # 25 Attachment number 1 \nPage 4 of 4 Item # 25 BARRY STS BETTY LNJEFFORDS STMARK DRCHESTER DRS HILLCREST AVES EVERGREEN AVELOTUS PATH E LOTUS PATH S EVERGREEN AVEJeffords 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 Attachment number 2 \nPage 1 of 1 Item # 25 Attachment number 3 \nPage 1 of 12 Item # 25 Attachment number 3 \nPage 2 of 12 Item # 25 Attachment number 3 \nPage 3 of 12 Item # 25 Attachment number 3 \nPage 4 of 12 Item # 25 Attachment number 3 \nPage 5 of 12 Item # 25 Attachment number 3 \nPage 6 of 12 Item # 25 Attachment number 3 \nPage 7 of 12 Item # 25 Attachment number 3 \nPage 8 of 12 Item # 25 Attachment number 3 \nPage 9 of 12 Item # 25 Attachment number 3 \nPage 10 of 12 Item # 25 Attachment number 3 \nPage 11 of 12 Item # 25 Attachment number 3 \nPage 12 of 12 Item # 25 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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 250,000.00 FY 13/14 Review Approval: Cover Memo Item # 26 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 SUBJECT / RECOMMENDATION: Approve 2014 Council Meeting Schedule SUMMARY: Review Approval: Cover Memo Item # 27 2014 Council Schedule Internet (last rev.10-15-2013) 2014 CITY COUNCIL MEETING SCHEDULE WORK SESSION Time CITY COUNCIL MEETING Time Monday January 13 1:00 p.m. Thursday January 16 6:00 p.m. Monday February 3 1:00 p.m. Thursday February 6 6:00 p.m. Tuesday February 18 9:00 a.m. Thursday February 20 6:00 p.m. Monday March 3 1:00 p.m. Thursday March 6 6:00 p.m. Monday March 17 1:00 p.m. Thursday March 20 6:00 p.m. Monday March 31 1:00 p.m. Thursday April 3 6:00 p.m. Monday April 14 1:00 p.m. Wednesday April 16 6:00 p.m. Monday April 28 1:00 p.m. Thursday May 1 6:00 p.m. Monday May 12 1:00 p.m. Thursday May 15 6:00 p.m. Monday June 2 1:00 p.m. Thursday June 5 6:00 p.m. Monday June 16 1:00 p.m. Thursday June 19 6:00 p.m. Monday July 14 1:00 p.m. Thursday July 17 6:00 p.m. Monday August 4 1:00 p.m. Thursday August 7 6:00 p.m. Monday August 18 1:00 p.m. Wednesday August 20 6:00 p.m. Tuesday September 2 1:00 p.m. Thursday September 4 6:00 p.m. Monday September 15 1:00 p.m. Thursday September 18 6:00 p.m. Monday September 29 1:00 p.m. Thursday October 2 6:00 p.m. Monday October 13 1:00 p.m. Wednesday October 15 6:00 p.m. Monday November 3 1:00 p.m. Thursday November 6 6:00 p.m. Monday November 17 1:00 p.m. Thursday November 20 6:00 p.m. Monday December 1 1:00 p.m. Thursday December 4 6:00 p.m. Monday December 15 1:00 p.m. Thursday December 18 6:00 p.m. Attachment number 1 \nPage 1 of 1 Item # 27 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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: Cover Memo Item # 28 North American Vehicle Rescue Association 2013 World Rescue Challenge Revenue (income) Registration & Class Fees Units Projected Actual Cash Product In Kind Value Extrication Team Registration 3o 1700 ea 51,000.00 49,300 (29) Trauma Team Registration 40 300 ea 12,000.00 4,200 (14) T -Shirt Sales 100 15 ea 1,500.00 Leadership Seminar 125 12o ea 15,600 2,500 (2o) Corporate Sponsorships Host Partner City of Clearwater 1 32,900 o 21,250 Presenting Partner Bright House Networks 1 30,000.00 10,000 1000 TV ads 36o,000 Print Media Partner Firehouse 1 3o,000 o National Ads 31,000 Safety Partner Clw. Gas Systems 1 25,000.00 25,000 Platinum TECGEN 1 10,000 10,000 Platinum Turtle Plastics 1 10,000 4,000 Plastic Cribbing 8,500 Gold Ajax Rescue Tool 1 7,500 3,500 300 pry tools 4,000 Gold Hexarmor 1 5,000 2,500 50 pairs gloves 2,500 Gold First Responder Jack 1 5,000 2,500 10 Jacks 2,500 Gold Walmart 1 5,000 5,000 Silver Junk Yard Dog 1 2,500 2,500 Silver Res -Q -Jack 1 2,500 2,500 Silver Packexe 1 2,500 2,500 Silver MES /Hurst 1 2,500 2,500 Silver Genesis 1 2,500 2,500 Silver Bullex 1 2,500 2,500 Miscellaneous Donations 10 10,000.00 2,500 Cash Total $136,000 Inkind Total $429,750 North American Vehicle Rescue Association 2013 World Rescue Challenge Logistics needed at site Units Unit Cost Projected Cost Actual cost Portable Fencing 600' 5 per ft 3,000.00 In kind Restrooms 8 300 ea 2,400.00 800.00 Cars 120 200 ea 20,000.00 24,000.00 Set Props 100 ea 1,500.00 1,000.00 Tents io'Xio' 8 200 ea 1,600.00 In kind Portable Fencing 600' 5 per ft 3,000.00 In kind Restrooms 8 300 ea 2,400.00 800.00 Dumpsters & Dump fee 3 800 ea 2,400.00 800.00 Loader & operator 2 300 ea X 4days 2,400.00 In kind Forklift & operator 2 300 ea X 4days 2,400.00 In kind Bleachers 5 5o ea X 4days 1,000.00 In kind Security 112hr 600 X 4days 2,400.00 In kind Transportation vans 6 125 ea X 6days 4,500.00 In kind Storage containers (PODS) 4 5o ea X 4days 1,000.00 In kind DJ /PA system 1 300 X 4days 1,200.00 1,200.00 Transport fire engine 4 300 X 4days 4,800.00 In kind Portable Generators 5K x 2 1200 ea 2,400.00 1,200.00 Table & chairs rental 130 chairs 1,400.00 In kind Portable lighting units 3 1000 ea 3,000.00 In kind Event signage & banners 20 2,500.00 4,100.00 Tent 20'x40' 2 1200 ea 2,400.00 In kind Props, tools & miscellaneous 7,500.00 3,500.00 Small Equipment fuel 500.00 500.00 Event liability ins. 1 week 2,500.00 2,500.00 Site Lease 1 week 1,0oo.00 In kind Permits 1 500.00 In kind Awards 24 75 ea 1,800.00 1,550.00 Team plaques 30 5o ea 1,500.00 1,200.00 Sponsor plaques 20 5o ea 1,000.00 900.00 Food & beverages for Vols. loo vols 65 ea 6,500.00 4,500.00 Central Command & Logistics rooms 2 200 X 6days 2,400.00 In kind Event shirts (free) 500 10 ea 5,000.00 5,000.00 Event shirts for sale 100 10 ea 1,000.00 1,000.00 Team welcome packets 50 1,000.00 1,000.00 i Event art work 1 750.00 750.00 Event website 1 1,500.00 In kind Advertising multiple 4,000.00 In kind Travel (London bid presentation) 2 2500 ea 5,000.00 5,300.00 Judges (1/2 rm, travel & food) 24 1700 ea 40,600.00 36,400.00 WRO AGM (light appetizers) 70 seats 15 ea 1,050.00 750.00 Opening Ceremonies (light appetizers) 500 seat 15 ea 7,500.00 5,000.00 Closing Ceremonies (heavy appetizers) 500 seat 2o ea 10,000.00 5,000.00 Leadership Seminar Lunch 100 25 ea 2,500.00 2,500.00 Pipes & Drums 1 300 X 2nights 600.00 600.00 Honor Guard 1 300 X 2nights 600.00 600.00 Swaps Night Event 1 2,500 2,500.00 10,500.00 Opening Ceremonies (Welcome Video) 1 1,500 1,500.00 2,200.00 Closing Ceremonies (WRC Video Review) 1 1,500 1,500.00 1,200.00 Entertainment (Opening & Closing) 2 2,500 5,000.00 o.00 Judges & Officials Welcome Social 1 1,500 1,500.00 3,500.00 Judges Clinic 70 seats 15 ea 1,050.00 750.00 Office supplies /printing /coping 1,000.00 1,000.00 Communications (radios & cell phones) 20 2,000.00 In kind Rehab /recovery unit 1 1,000 1,000.00 In kind ALS mobile medical team 2 75o 1,500.00 In kind Sunstar transport stand by unit 1 800 800.00 In kind RV rental (scoring /logistics /operations) 2 800 ea 1,600.00 In kind Travel event promotion(Fire Rescue East) 2 days 600 ea 1,200.00 800.00 Site Clean up 2,000.00 1,500.00 On site transportation (golf carts) 3 25o 750.00 In kind Projected Actual Total 193,500.00 133,loo , City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 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. Cover Memo Item # 29 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 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: Cover Memo Item # 29 LOW INCOME HOUSING TAX CREDIT APPLICATIONS RANKINGTOTAL COMBINED SCORE Clearwater Prospect Lake Reserve LLC - Prospect Lake ReserveGarden Trail Apts 2013 LLC - Garden Trail ApartmentsLM Prospect Park Partners, Ltd - Prospect Park AptsNuRock Development Partners - Heritage at ClevelandNuRock Development Partners - Vista City ViewCommentsProject Location - Is the site selected for 1Project Location - Is the site selected for the Project crucial to the overall success of the development? Efforts should be made to locate sites that are convenient to services and in neighborhoods that include a socioeconomic mix of households—such as located near transit services (public bus stop, transfer stop or rapid transit) or community services (grocery store, public school, senior center, medical facility, or pharmacy). (1 point)3 3 3 3 31aProject Location - Is the project located in a Neighborhood Revitalization Strategy Area? (1 point)0 3 0 0 02Housing Needs Characteristics - Does the application indicate a need for the specific housing type that is proposed 0.5 2 2 2 22specific housing type that is proposed (elderly, special needs, homeless, or public housing)? (1 point) 0.522222aHousing Needs Characteristics - Does the project include services and amenities that serve the resident population? (1 point)3 3 3 3 33Project Characteristics - Is the size of the project appropriate for the need and demand in the community and are the unit sizes and mix of units appropriate for the community and the site? (1 point)1 3 1.75 0 0 Attachment number 1 \nPage 1 of 4 Item # 29 TOTAL COMBINED SCORE Clearwater Prospect Lake Reserve LLC - Prospect Lake ReserveGarden Trail Apts 2013 LLC - Garden Trail ApartmentsLM Prospect Park Partners, Ltd - Prospect Park AptsNuRock Development Partners - Heritage at ClevelandNuRock Development Partners - Vista City ViewComments3aProject Characteristics - Does the project incorporate energy conservation or green 333333aincorporate energy conservation or green or LEED standards? (1 point)3 3 3 3 34Experience - Does the applicant have the requisite experience and financial capacity with similar projects? (3 pts max)9 9 9 9 95Overall Project Feasibility - Do the costs, expenditures and income projections reflect industry standards? (1 point)3 3 3 3 35aOverall Project Feasibility - Does the applicant demonstrate a financial commitment to the project (i.e. equity, deferred development fee, land owner, etc.)? (1 point)2.5 2.5 2.5 2.5 2.56Tie Breaker - Is the project shovel ready/properly vetted? (1 point)0 1.5 0 0 0Tie Breaker - Will the project provide 6aTie Breaker - Will the project provide synergy to transform the neighborhood? (1 point)0 3 1.5 0 06bTie Breaker - Is the design of the project consistent with the overall neighborhood character? (1 point)0.5 3 1.5 0 06cTie Breaker -Does the project meet the City's goals and objectives for the proposed location and complement oter planned projects? (1 point)0 3 1.75 0 0TOTAL POINTS25.5 42 32 25.5 25.5 Attachment number 1 \nPage 2 of 4 Item # 29 Sheet2 Page 3Page 3 Attachment number 1 \nPage 3 of 4 Item # 29 Sheet2 Page 4Page 4 Attachment number 1 \nPage 4 of 4 Item # 29 1 2 34 5 DREW ST ELDRIDGE ST SEMINOLE ST JONES ST CLEVELAND ST VINE AVE N MYRTLE AVE LAURA ST N GARDEN AVE PARK ST GROVE ST PIERCE ST HART ST N FORT HARRISON AVE FRANKLIN ST S EAST AVEMAPLE ST PLAZA ST N MARTIN LUTHER KING, JR. AVE PENNSYLVANIA AVE JACKSON RD S MYRTLE AVE N EAST AVEN MADISON AVE N MISSOURI AVE S MADISON AVE BOOTH AVE S PROSPECT AVE NE CLEVELAND ST HENDRICKS ST N WASHINGTON AVE S GARDEN AVE S WASHINGTON AVE LEE ST S FORT HARRISON AVE WATTERSON AVE BLANCHEBLITTLEJOHNTRLEWING AVE S MARTIN LUTHER KING, JR. AVE FERN AVE ALDEN AVE N OSCEOLA AVE PADUA LN SPRUCE AVE N PROSPECT AVE MAPLE ST N MISSOURI AVE N PROSPECT AVE HART ST MAPLE ST GROVE ST HART ST MAPLE ST PARK ST PIERCE ST SGARDENAVEBLANCHE 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 # 29 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 30 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 SUBJECT / RECOMMENDATION: City Attorney Evaluation SUMMARY: Review Approval: Cover Memo Item # 31 City Council Agenda Council Chambers - City Hall Meeting Date:10/16/2013 SUBJECT / RECOMMENDATION: City Manager Evaluation SUMMARY: Review Approval: Cover Memo Item # 32