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05/19/2005CITY OF CLEARWATER I nterdepartmental Correspondence TO Mayor and Council members FROM Cyndie Goudeau City Clerk SUBJECT Follow up from May 16 2005 Work Session COPIES William B Horne City Manager DATE May 19 2005 Agenda 05 19 05 Rev 1 updated Agenda provided please substitute Item 8 1 Approve applicant s request to vacate the N 254 Ft of Lawson Rd and approve Ord 7442 05 VAC2005 05 Equity Investments LLC Updated Ord 7442 05 provided please substitute Item 94 Approve a Future Land Use Plan Amendment and Zoning Atlas Amendment for 2485 Druid Road Ordinance 7425 05 and 7426 05 Updated Agenda Cover Memo provided please substitute and strike ORD 7363 05 from paperwork previously provided Item 9 5 Approve the Future Land Use Plan Amendment and a Development Agreement with Executive Corporation of Clearwater for 2506 Countryside Boulevard Development Agreement updated Agreement provided please substitute Letter from Tampa Bay Water indicating that it s concerns have been met paperwork provided Staff Report for LUZ2004 08005 updated Staff Report provided please substitute Item 9 6 Continue the Annexation and initial City Future Land Use Plan designation and Zoning Atlas designation for an unnamed right of way 16 ft in width and 300 ft in length on the North side of 3070 Gulf To Bay Boulevard Item 124 Establish new non resident fees for non residents to participate at City recreation facilities programs and activities Alternate Ordinance 7389 05 provided without unincorporated nonresident fees Item 12 5 IAFF Contract 2003 04 Item added to agenda and paperwork provided Item 12 6 IAFF Contract 2004 05 2005 06 2006 07 Item added to agenda and paperwork provided 10f2 CDI Items added to agenda 1 Council Breakfasts 2 Youth Engagement Requested information re Item 9 5 2506 Countryside Boulevard Executive Corporation of Clearwater provided by Gina Clayton 1 How will the intersection of Enterprise and Main St 580 be channelized The intersection will be channelized with a raised concrete structure that will prevent westbound turns The Development Agreement indicates that the owner shall construct a channelized right turn lane 2 Why were the two well sites referenced abandoned and is there any possibility the City will reactivate them Historically there have been four wells on this property Two of those were plugged in 1991 due to elevated chlorides The other two wells are in service and will remain in operation The City s Master Water Plan does not support additional wells in this location 3 Clarify the language re the transportation impact fees Section 6 1 3 5 indicates that the Owner shall construct the median Section 6 2 3 indicates to the maximum extent allowed by law the city shall use the transportation impact fees If legally the money cannot be used for the improvement the developer will have paid for the improvement PAM please see if you want any language changes here The City has done this in other instances 4 Is there a discrepancy re reclaimed water vs well water The staff report indicates that the property is currently served by a well The development agreement indicates that the city will serve this site with reclaimed water if available 5 Correct the reference to there being no wetlands on the site The LUZ staff report has been revised to indicate wetlands are located on the site but their exact boundaries not known At the time of site plan approval they will be designated and protected 6 Correct reference to Objective 2 1 to Objective 2 2 if appropriate The Compo Plan Objective was missed numbered in the LUZ staff report and has been changed 20f2 CITY OF CLEARWATER Interdepartmental Correspondence TO Mayor and Councilmembers FROM Cyndie Goudeau City Clerk SUBJECT Follow up from May 16 2005 Work Session COPIES William B Horne City Manager DATE May 17 2005 The followinq information is provided Item 5 1 Proclamation National Public Works Week May 15 21 2005 Item added to Agenda Item 6 1 City Council Minutes of May 05 2005 Item 11 3 Accept grant and approve the corresponding agreement from the Juvenile Welfare Board Item updated amount Memo replaced The following item was pulled Presentation s for Thursday Night Thank You for Neighborhood Conference Clearwater Neighborhood Coalition Please note Should the IAFF membership vote to ratify the proposed 1 year and 3 year contracts they will be added to Thursday night s agenda for Council approval Information regarding when the Brownfields Loan will have to repaid to EPA will be provided as soon as available The most current version of the Development Agreement with Executive Corporation of Clearwater including the concept plan will be provided as soon as available The following information regarding the proposal will also be provided when available 1 How will the intersection of Enterprise and Mains St 580 be channelized 2 Why were the two well sites referenced abandoned and is there any possibility the City will reactivate them 3 Clarify the language re the transportation impact fees 4 Is there a discrepancy re reclaimed water vs well water 5 Correct the reference to there being no wetlands on the site 6 Correct reference to Objective 2 1 to Objective 2 2 if appropriate CLEARWATER CITY COMMISSION 7 b k7iev I f et1 5 I 0 Meeting Date 1 b Item 4Ic j 3a o 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 c We the undersigned designate A tn C v Lv 62D as our spokesperson and waive our right to speak please print tv IdeCd f ac te Print NameSignature tlL tk Signature Af L N f vss lwI rE Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name CH3 CLERK FORMS Public Comments at Com Mtg doc 9700 0034 Jan 9 2002 slJ List of Public Safety Improvements Initiated by the SKCA with the full cooperation of the City of Clearwater dozen to a dozen changes in caution signs at our pedestrian cross walks several revisions to the striping at the cross walks in cooperation with the county and the city we requested pedestrian safety islands in the center turn lanes when Gulf Boulevard was widened recently formed a committee to look at other improvements to pedestrian cross walks the City built and staffed Fire Station 44 donated an ATV mule in support of Fire EMS rescue on the beach to the City and Station 44 to express our support and appreciation of the City and Fire Fighters and Rescue team six years ago formed and staffed 2832 volunteer hours in 2004 for the Sand Key Volunteer Beach Patrol one of the most successful in CPD and we patrol the city beach at the south landing of the Clearwater Pass bridge at the request of CPD signs at the public beach accesses citing prohibited items and behaviors three times we have opposed a commercial dock installation at the commercial property south of the Community Sailing Center to protect the children Abilities and other novice sailors worked a couple of times with the city and Progress Energy to reinstall downed and crooked street light poles purchased benches along Gulf Boulevard for seniors and medically challenged persons to rest and relax using impact fees or our dues HU J lfJO nv 0 v Florida Offices Administrative Office 3111 Stirling Road Ft Lauderdale FL 33312 800 432 7712 bp@becker poliakoff com Boca Raton Fe Myers Fe Walton Beach Hollywood Jacksonville Largo Melbourne Miami Naples Orlando Port Charlotte Sarasota Tallahassee Tampa West Palm Beach wtlilable for cOIs Illation by appoi ltmelH on International and Affiliated Offices Prague Czech Republic Beijing People s Republic of China Tel Aviv Israel I CONSUILEGIS EEIG Member of Consulegis an International Association of Law firms NloTORK IFLL D1NG LAW FIRMS NLLF 71 h I7iI f I Cdv 7f n J J uwd n lj LAW OFFICES BECKER Be POLIAKOFF P A 2401 West Bay Drive Suite 414 Largo Florida 33770 1941 Phone 727 559 0588 Fax 727 581 4063 Toll Free 800 535 3318 Reply To Ellen Hirsch de Haan J D edehaan@becker poliakoff com March 24 2005 ULTIMAR ONE CONDOMINIUM ASSOCIATION INC Board of Directors 1520 Gulf Boulevard Clearwater FL 33767 RE Scope of Board Authority to Approve Installation of Buoys in Gulf of Mexico Dear Board of Directors This is in confirmation of my meeting with Bob Pack Ultimar General Manager regarding a proposal to install buoys off the Condominium shoreline in the Gulf of Mexico My understanding of the background is as follows 1 A Sand Key Resident is proposing the installation of a system of buoys off the beach behind the Condominium and other communities and dwellings in the vicinity to prevent boats and wave runners from coming too close to shore interfering with swimming and other activities 2 I have been advised that the City offered the opinion that at least 65 of the residents would have to agree before such a project would be considered 3 It is also my understanding that there have not been any accidents injuries or deaths involving swimmers and boats or wave runners in the waters off of Sand Key The first question is whether the Board would have right and authority to vote in favor of such a proposal on behalf of the membership of the Association My answer to that question is no The Board s functions and duties are to maintain repair and replace the common elements and limited common elements to enforce the Governing Documents and to operate the Association nrnTUT hpckpr noliakoff com ULTIMAR ONE CONDOMINIUM ASSOCIATION INe Board of Directors March 24 2005 Page 2 Under Section 718 111 3 the Board has power to take action on behalf of all unit owners concerning matters of common interest to most or all unit owners regarding common elements structural mechanical electrical and plumbing elements of the Condominium protesting of ad valorem taxes on commonly used facilities and units and regarding actions of eminent domain or condemnation involving Condominium Property The Governing Documents provide that the operation of the Condominium is the responsibility of the Board of Directors of the Association Declaration Article 2 Section 24 also multiple provisions of the By Laws and Articles of Incorporation The By Laws Article 5 list the powers and duties of the board of Directors all of which refer to maintenance repair and regulation of Common Elements and Condominium Property The proposed location of the buoys is outside of the Condominium boundaries and accordingly outside of the Board s jurisdiction The Board cannot make such a decision on behalf of the owners as it is not authorized under the Law or the Documents to be a class representative on this particular matter The unit owners however can certainly vote whether or not to approve the installation of the buoys The next question is what percentage of approval would be needed I have been advised that it is possible that the installation of the buoys might require the Condominium to give up its Riparian Rights If that is the case the conveyance of the Rights will trigger Sections 718 107 and 718 110 4 Florida Statutes The Riparian Rights are an appurtenance to every unit in the Condominium The Condominium Act and the Arbitration Cases provide that an appurtenance to a unit cannot be altered or modified without the consent of 100 of the unit owners and 100 of the lenders holding mortgages on the units This will supercede any percentage of approval the City might accept If there is no divesting or conveying of Riparian Rights then it looks like the City would be looking for at least 65 of the owners to approve the project If and when the City decides to proceed with the project it would be up to them to hold a vote which will involve all affected owners If a Sand Key Resident is interested in showing the City that there is support for the project he will have to get 4 ULTIMAR ONE CONDOMINIUM ASSOCIATION INC Board of Directors March 24 2005 Page 3 signatures from 65 of the owners of units in the Condominium for each Condominium which would be impacted by the buoys It is not sufficient to get Board approval When you have had the chance to review this letter please contact me at your convenience if you have questions or if I may be of additional assistance Very truly yours l JJt CL ch Ellen Hirsch de Haan For the Firm EHO sdk City Council Ens 8 enda Cover Memorandum Trackino Number 1 307 Actual Date 05 19 2005 Subiect Recommendation Approve applicant s request to vacate the north 254 feet of LaWSOl1 Road a K a 2520 Sunset Point Road more particularly described in the ordinance and approve Ordinance Number 7442 05 on first reading VAC2005 05 Equity Investments LLC Summary The applicant is seeking to redevelop a large parcel of land presently developed as a trailer park into Cl 248 unit town home project The Community Development Board approved a flexible development and preliminary plat for a 248 unit town home development proposed to be named Townhome Manors of Countryside The related Development Order was signed by the city s Planning Director on April 21 2005 Verizon and Brighthouse Cable have reviewed the request and have no objections Progress Energy and Knology have no objections provided that the applicant bears the cost of relocating their facilities to maintain service to other customers The city of Clearwater has water and sewer facilities within the subject right of way portion the applicant plans to relocate private and city owned facilities as needed at their cost Public Works Administration has no objections to the vacation request Orioinatino Engineering Section Administrative public hearings Category Vacation of Easements and Rights of Way Number of Hard Cooies attached 3 Public Hearino Yes Advertised Dates 05 01 2005 05 08 2005 Financiallnformat ion Review Aooroval Glen Bahnick 04 26 2005 15 55 04 Cvndie Goudeau 05 10 2005 08 08 51 Michael Ouillen 04 27 2005 09 22 42 Garrv Brumback 05 09 2005 17 13 02 Bryan Ruff 04 27 200510 43 24 City Council A enda Cover Memorandum Bill Horne 05 10 2005 07 58 24 8 1 ORDINANCE NO 744205 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA VACATING THE NORTH 254 FEET OF LAWSON ROAD BEGINNING AT THE SOUTHWEST CORNER OF LOT 10 BLACKBURN SUBDIVISION SUBJECT TO SPECIAL CONDITIONS PROVIDING AN EFFECTIVE DATE WHEREAS Equity Investments LLC owner of real property located in the City of Clearwater has requested that the City vacate Lawson Road depicted in Exhibit A attached hereto and WHEREAS the City Council finds that said right of way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA Section 1 The following The north 254 feet of Lawson Road more particularly described as beginning at the Southwest corner of Lot 10 Blackburn Subdivision as recorded in Plat Book 24 Page 62 Public Records of Pinellas County proceed thence N89046 13 W 60 01 feet thence N01002 38 E 254 feet thence S89046 13 E 60 01 feet thence S01 002 38 W 254 feet to the Point of Beginning is hereby vacated closed and released and the City of Clearwater releases all of its right title and interest thereto contingent upon the following conditions 1 Developer shall record the final plat for Town home Manors of Countryside in the Official Records of Pinellas County Florida within one year of the date of adoption of this ordinance 2 Developer shall commence construction of the proposed project within 18 months of the date of adoption of this ordinance and 3 This vacation ordinance shall be considered null and void if any of the preceding conditions are not met Section 2 The City Clerk shall record this ordinance in the public records of Pinellas County Florida following adoption Section 3 This ordinance shall take effect immediately upon adoption Ordinance No 7442 05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form Bryan D Ruff Assistant City Attorney Frank V Hibbard Mayor Attest Cynthia E Goudeau City Clerk 2 Ordinance No 7442 05 Exhibi A Map Equity Investm s LLC 11 10 CI 8 Vacate the north 254 feet ofLawson Road S K 2548 1 100 04 14 V5 S D 06 29s 16e Ltcation Map Equity Investments LLC v Vacate the north 254 feet ofLawson Road S K 2548 S D 06 29s 16e 1 1340 ft 04 14 05 City Council A enda Cover Memorandum 9 J 8 d Trackino Number 1 310 Actual Date 05 19 2005 Subiect Recommendation Approve the applicant s request to vacate the 60 foot street right of way of B Street from the west right of way line of South Fort Harrison Avenue to the southerly extension of the east property line of Lot 6 Block 25 Map of Belleair a k a 1330 South Fort Harrison Avenue less the south 30 feet of the west 9 feet thereof subject to the retention of a drainage and utility easement and pass Ordinance 7443 05 on first reading VAC2005 06 ETNA Investments LLC Summary The applicant is seeking approval of the vacation in order to create private ownership of a parking lot that has been partially developed in the B Street right of way Verizon Knology and Brighthouse Cable have no objections to the vacation request Progress Energy has facilities in the subject street right of way portion and has no objections provided that a utility easement is retained The City of Clearwater has sanitary storm gas and water utilities in the subject street right of way portion Public Works Administration has no objections provided that a drainage and utility easement is retained over the full width of the street right of way portion to be vacated Orioinatino Engineering Section Administrative public hearings Category Vacation of Easements and Rights of Way Number of Hard Copies attached 3 Public Hearino Yes Advertised Dates 05 01 2005 05 08 2005 Financial Information Review Approval Glen Bahnick 04 25 2005 12 50 20 Cvndie Goudeau 05 09 2005 13 34 55 Michael Ouillen 04 26 2005 08 40 53 Gilrrv Brllmhilrk 05 06 2005 13 32 16 Bryan Ruff 04 26 2005 13 07 52 r City Council Memorandum Bill Horne 05 09 2005 11 23 03 ORDINANCE NO 7443 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA VACATING THE 60 FOOT RIGHT OF WAY OF B STREET FROM THE WEST RIGHT OF WAY LINE OF SOUTH FORT HARRISON AVENUE TO THE SOUTHERLY EXTENSION OF THE EAST PROPERTY LINE OF LOT 6 BLOCK 25 MAP OF BELLEAIR LESS AND EXCEPT THE SOUTH 30 FEET OF THE WEST NINE FEET THEREOF SUBJECT TO A DRA NAGEAND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF PROVIDING AN EFFECTIVE DATE WHEREAS ETNA Investments LLC owner of real property located in the City of Clearwater has requested that the City vacate the right of way depicted in Exhibit A attached hereto and WHEREAS the City Council finds that said right of way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA Section 1 The following The 60 foot right of way of B Street from the west right of way line of South Fort Harrison Avenue to the southerly extension of the east property line of Lot 6 Block 25 Map of Belleair as recorded in Plat Book 1 Page 105 Official Records of Hillsborough county Florida of which Pinellas County was formerly a part less and except the south 30 feet of the west 9 feet thereof is hereby vacated closed and released and the City of Clearwater releases all of its right title and interest thereto except that the City of Clearwater hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon Section 2 The City Clerk shall record this ordinance in the public records of Pinellas County Florida following adoption Section 3 This ordinance shall take effect immediately upon adoption Ordinance No 7443 05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form Bryan D Ruff Assistant City Attorney Frank V Hibbard Mayor Attest Cynthia E Goudeau City Clerk 2 Ordinance No 7443 05 Exhibit A Mag ENT A Investments LLC 60 CORBETTST AST 60 1 TR A 1 TR 8 3 9 10 16 17 21314 42 3 9 10 9 7 6 4 10 H1 105 5 11 LAKEVIEW BST 0 12 PROFESSIONA VAC 0 VILLAGE 7 CONDO 28 100 Vacation Requested By Applicant q 0 a 4 10 o 12 5 a 11 CI 0 CST LAKEVIEW RD 0 Vacate aN Street from the west rwOne of Ft HarrisonA VB To the southery extension ofthe east property line ofot 6 B1k 25 Map OfBelleair HI I05 less and except the south 30 feet of the west 9 feet thereof S I 3058 S D 21 29s 15e 1 100ft 04 13 05 LO caUouM ap ENTAJnves sLLC w I L3 BELLEAIR q CJ I D 0 ST ID D Sf l4eLEN N ST D D BElLEVIEW J BLVO t 2JCCJt WILDWOODS WAY V CJOD CJzAVWOODLAWN II OVERBROOK O C S rIfJ o 0 o Vacate 8 Street from the west rwline of Ft Harrison Ave To the southery extension of the eastproperty line of lot 6B1k 25 Map Of BelleaU Hf f05 less and except the south 30 feet of the west 9 feet thereof S K 3058 S D 21 29s 15e 1 1340 It 04 13 05 1 ater City Council g nda pver t u PL J b 8 3o Tracking Number 1 323 Actual Date Subiect Recommendation Approve an amendment to the Community Development Code to revise the termination of status of nonconformity provisions and Pass Ordinance 7445 05 Summary As tourism is the leading economic industry in the City of Clearwater city leaders became concerned about the conversion of beach hotel properties to condominiums thus adversely impacting the tourist industry Several of these conversions have used the Termination of status as a nonconformity provisions in the Community Development Code Section 6 109 B to reconstruct nonconforming density On April 21 2005 the City Council directed the Planning Department to revise this ordinance to deter these conversions The proposed revision will clarify that the reconstruction of nonconforming density can only occur if there is no change in use For example a hotel use could be converted to a new hotel use or a condominium use could be converted to a new condominium use but a hotel use could not be converted to a new condominium use Attached please find the staff report for further analysis and Ordinance No 7445 05 The Community Development Board CDB will review the proposed amendment at its regularly scheduled meeting on May 17 2005 The Planning Department will report the recommendation of the CDB at the City Council meeting Oriainating Planning Section Administrative public hearings Cateaory Code Amendments Ordinances and Resolutions Number of Hard Cooies attached 0 Public Hearina Yes Advertised Dates 05 19 2005 Financial Information Review Aooroval Gina Clavton 05 06 2005 15 13 00 Leslie Douaall Sides 05 10 2005 09 17 01 Gina Clavton 05 06 2005 15 13 57 Cvndie Goudeau 05 13 2005 09 04 27 Michael Delk 05 06 2005 15 25 10 CDB Meeting Date Case Number Ord No Agenda Item May 17 2005 TA2005 04001 7445 05 G 8 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TERMINATION OF STATUS AS A NONCONFORMITY INITIATED BY Planning Department BACKGROUND As tourism is the leading economic industry in the City of Clearwater city leaders have become concerned about the conversion of beach hotel properties to condominiums thus adversely impacting the tourist industry Several of these conversions have occurred recently by making use of the Termination of status as a nonconformity Section 6 109 B provision in the Community Development Code This provision is a most unusual zoning regulation as its intent is to facilitate redevelopment In most cities the regulations for nonconformities are structured to bring nonconformities into compliance over time with the current zoning regulations Community Development Code Section 6 109 B allows a nonconforming structure that has nonconforming density to be reconstructed on the same site at the same density upon approval by the Community Development Board CDB This subsection has been interpreted to allow the conversion of one type of density for another i e 40 units per acre for hotel is converted to 30 units per acre for condominium use There are four approved projects on the beach that have used the Termination provision and converted from hotel use to condominium use and are as follows Ramada Inn conversion of 289 existing hotel rooms to 241 hotel rooms and 38 condominiums Clearwater Beach Hotel conversion of 137 hotel rooms approved to remain as 137 hotel rooms with additional rooms from the density pool with 120 condominium units approved on the south half of the site Sunspree Hotel conversion of 210 hotel rooms to 149 condominiums includes 13 units by virtue of Transfer of Development Rights and Panorama on Clearwater Beach conversion of 15 hotel rooms to 11 condominiums total project 15 units Staff Report Community Development Board May 17 2005 Case TA2005 04001 1 ANALYSIS Although there are not a significant number of approved cases on the beach that have used the Termination provision to convert from hotel to condominium use it is clear that the current market interest in condominium development is very strong and interest in the use of the Termination provision is growing This Code provision provides a strong incentive to developers to facilitate redevelopment However based on current market conditions which make residential development more desirable than hotel development the current Termination provision may in fact facilitate the loss of hotel units Market changes are clearly out of the city s control but a more refined code related to development choices will assist the city in developing incentives and disincentives that will implement the City s goals of maintaining a strong tourism industry In an attempt to preclude the use of Code Section 6 109 B as a redevelopment incentive for hotel to residential conversions the proposed amendment will require that the reconstruction of nonconforming density not result in a change of use A hotel use could therefore only be converted to a hotel use or a condominium use could only be converted to a condominium use A hotel use could not be converted to a condominium use Section 2 of proposed Ordinance No 7445 05 specifies that the revised Termination provision will not apply to any site plan application that has been submitted and determined to be complete and sufficient by August 4 2005 and approved by September 20 2005 provided timeframes established in the development order for permitting and issuance of certificate of occupancy are met This Section allows site plan applications submitted to the Planning Department by the July 1 2005 application deadline after the adoption of the proposed ordinance on June 2 2005 to be processed Any site plans received after July 1 st requesting use of the Termination provision to convert uses will not be processed CRITERIA FOR TEXT AMENDMENTS Code Section 4 601 specifies the procedures and criteria for reviewing text amendments Any code amendment must comply with the following 1 The proposed amendment is consistent with and furthers the goals policies objectives of the Comprehensive Plan Below is the policy from the Clearwater Comprehensive Plan that is furthered by the proposed amendment to the Community Development Code 2 1 2 Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach enhancement of public rights of way the vacation of public rights of way when appropriate transportation improvements inter beach and intra beach Staff Report Community Development Board May 17 2005 Case TA2005 04001 2 transit transfer of development rights and the use of design guidelines pursuant to Beach by Design A Preliminary Design for Clearwater Beach and Design Guidelines The above policy indicates the city s commitment to beach renewal in compliance with the provisions of Beach by Design the special area plan for Clearwater Beach This regulatory change would likely result in redevelopment that more closely matches the City s goals of maintaining a vibrant tourist economy 2 The proposed amendments further the purposes of the Community Development Code and other city ordinances and actions designed to implement the Plan The proposed text amendment is consistent with the following purposes of the Code Section 1 103 A It is the purpose of this Development Code to implement the Comprehensive Plan of the city to promote the health safety general welfare and quality of life in the city to guide the orderly growth and development of the city to establish rules of procedures for land development approvals to enhance the character of the city and the preservation of neighborhoods and to enhance the quality of life of all residents and property owners ofthe city Section 1 103 E 2 It is the further purpose of this Development Code to protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city The proposed amendment will enable the city to define more specific provisions to govern land use density and intensity and scale of development within the entire city The clarification of these provisions will also assist in the orderly and beneficial development of land Clarification of the discrepancies between the land development regulations normalize developer property owner expectations and provide more certainty to the development process which will lead to the economic stability within the area SUMMARY AND RECOMMENDATION The proposed amendment to the Community Development Code is consistent with the Comprehensive Plan and the Community Development Code for the reasons cited above The use of the amendment will assist in enhancing and maintaining the leading economic industry of tourism in the City of Clearwater The provision also incentivizes redevelopment in general which results in an upgrade of site improvements such as parking and stormwater management as well as an upgrade to overall design The Planning Department Staff recommends APPROVAL of Ordinance No 7445 05 Staff Report Community Development Board May 17 2005 Case TA2005 04001 3 Prepared by Planning Department Staff Attachments Proposed Ordinance No 7445 05 Sharen J arzen Planner III Staff Report Community Development Board May 17 2005 Case TA2005 04001 4 ORDINANCE NO 7445 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA AMENDING THE COMMUNITY DEVELOPMENT CODE AMENDING ARTICLE 6 NONCONFORMITY PROVISIONS SECTION 6 109 B TERMINATION OF STATUS AS A NONCONFORMITY PROVIDING THAT UPON RECONSTRUCTION OF STRUCTURES WHICH ARE NONCONFORMING WITH RESPECT TO DENSITY SUCH RECONSTRUCTION MUST RETAIN THE CURRENT USE PROVIDING AN EFFECTIVE DATE WHEREAS Ordinance No 6526 00 was adopted by the City Council on June 15 2000 which ordinance amended the Community Development Code and WHEREAS a portion of Ordinance No 6526 00 provided for the termination of status as a nonconformity to facilitate redevelopment and WHEREAS the City of Clearwater desires to further refine the termination of status provision in the Community Development Code now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORI DA Section 1 Article 6 Nonconformity Provisions Section 6 109 B is amended as follows B A structure which is nonconforming with respect to density may be reconstructed on the same parcel with the same density provided Level Two approval is obtained and that 1 Ssuch reconstruction complies with all other requirements of this Community Development Code and 2 Such reconstruction does not constitute a chanqe in use Section 2 This Ordinance shall not apply to any applications which have been submitted and been found to be complete and sufficient as of August 4 2005 under the provisions of Community Development Code Article 4 and provided that the application is approved no later than September 20 2005 and the project meets the timeframes required by the Development Order for permit submittal and certificate of occupancy Section 3 This ordinance shall take effect immediately upon adoption Ordinance No 7445 05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Cynthia E Goudeau Assistant City Attorney City Clerk 2 Ordinance No 7445 05 ter City Council a cO emoranc um LD I q l Trackinq Number 1 300 Actual Date 05 19 2005 Subject I Recommendation Approve the Petition for Annexation Future Land Use Plan Amendment from County Residential Urban RU to City Residential Urban RU and Zoning Atlas Amendment from the County R R Rural Residential District to the City Low Medium Density Residential LMDR District for 1600 Pine Place consisting of a portion of Metes and Bounds 12 07 in Section 2 Township 29 South Range 15 East and Pass Ordinance 7410 05 7411 05 7412 05 on first reading ANX2004 12022 Summary The subject property is located at 1600 Pine Place at the western terminus of Pine Place The applicant is requesting this annexation in order to receive City sanitary sewer and solid waste service The property is contiguous with the existing City boundaries to the south east and west therefore the proposed annexation is consistent with Pinellas County Ordinance 00 63 with regard to voluntary annexation The subject site is approximately 0 368 acres in area and is occupied by an existing single family detached dwelling It is proposed that the property have a Future Land Use Plan designation of Residential Urban RU and a zoning category of Low Medium Density Residential LMDR The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code The proposed annexation will not have an adverse impact on public facilities and their level of service The proposed annexation is consistent with the City s Comprehensive Plan the Countywide Plan the Community Development Code and Pinellas County and Florida Law The proposed annexation is contiguous to existing municipal boundaries represents a logical extension of the boundaries and does not create an enclave Please refer to the attached annexation report ANX2004 12022 for the complete staff analysis The Community Development Board reviewed this application at its public hearing on April 19 2005 and unanimously recommended approval Originating Planning Section Quasi judicial public hearings Cateqorv Annexations Land Use Plan and Zoning Public Hearing Yes Advertised Dates 04 03 2005 05 15 2005 Financial Information Review Approval Gina Clavton 04 22 2005 16 00 14 Cvndie Goudeau 05 09 2005 13 38 52 Gina Clavton 04 27 2005 14 23 52 Garrv Brumback 05 09 2005 10 58 27 City Council Agenda Co r MemoranJm Michael Delk 04 27 2005 14 27 59 Bill Horne 05 09 2005 11 21 04 ORDINANCE NO 741005 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE WESTERN TERMINUS OF PINE PLACE CONSISTING OF A PORTION OF METES AND BOUNDS 12 07 IN SECTION 2 TOWNSHIP 29 SOUTH RANGE 15 EAST WHOSE POST OFFICE ADDRESS IS 1600 PINE PLACE 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 followingdescribed property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly See legal description attached hereto ANX2004 12022 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 Director are directed to include and show the property described herein upon the official maps and records of the City Section 3 This ordinClnce shall take effect immcdiata y 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 Frank V Hibbard Mayor Approved as to form Attest Leslie K Dougall Sides Assistant City Attorney Cynthia E Goudeau City Clerk Ordinance No 741005 Legal Description for ANX2004 12022 A part of the northwest quarter of the northeast quarter of Section 2 Township 29 South Range 15 East and described as follows From the north l4 corner of Section 2 thence S 00003 08 E along the north south centerline of said Section 2 513 85 feet to the Point of Beginning Thence S 89011 34 E parallel to the north line of said Section 2 128 74 feet thence S01038 48 W 126 15 feet thence N 89011 34 W parallel to the north line of said Section 2 125 00 feet thence N 00003 08 W along said north south centerline 126 15 feet to the point of beginning Containing 0 368 acres Subject to a drainage and utility easement recorded in DR 4682 Page 1190 Ordinance No 7410 05 ORDINANCE NO 7411 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA AMENnlNG THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED AT THE WESTERN TERMINUS OF PINE PLACE CONSISTING OF A PORTION OF METES AND BOUNDS 12 07 IN SECTION 2 TOWNSHIP 29 SOUTH RANGE 15 EAST WHOSE POST OFFICE ADDRESS IS 1600 PINE PLACE UPON ANNEXATION INTO THE CITY OF CLEARWATER AS RESIDENTIAL URBAN 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 See legal description aUached hereto ANX2004 12022 Land Use Cateqorv Residential Ulban Section 2 The City Council does hereby certify that this ordinance is consistent with the City s comprehensive plan ection 3 This ordinance shall take effect immediately upon adoption contingent upon and subject to the adoption of Ordinance NO 7410 05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Leslie K Dougall Sides Assistant City Attorney Cynthia E Goudeau City Clerk Ordinance No 7411 05 Legal Description for ANX2004 12022 A part of the northwest quarter of the northeast quarter of Section 2 Township 29 South Range 15 East and described as follows From the north comer of Section 2 thence S 00003 08E along the north south centerline of said Section 2 513 85 feet to the Point of Beginning Thence S 89011 34 E parallel to the north line of said Section 2 128 74 feet thence S01038 48 W 126 15 feet thence N 89011 34 W parallel to the north line of said Section 2 125 00 feet thence N 00003 08W along said north south centerline 126 15 feet to the point of beginning Containing 0 368 acres Subject to a drainage and utility easement recorded in DR 4682 Page 1190 Ordinance No 7411 05 ORDINANCE NO 7412 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE WESTERN TERMINUS OF PINE PLACE CONSISTING OF A PORTION OF METES AND BOUNDS 12 07 IN SECTION 2 TOWNSHIP 29 SOUTH RANGE 15 EAST WHOSE POST OFFICE ADDRESS IS 1600 PINE PLACE 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 See legal description attached hereto ANX2004 12022 Zoninq District Low Medium Density Residential LMDR 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 7410 05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Leslie K Dougall Sides Assistant City Attorney Cynthia E Goudeau City Clerk Ordinance No 7412 05 Legal Description for ANX2004 12022 A part of the northwest quarter of the northeast quarter of Section 2 Township 29 South Range 15 East and described as follows From the north corner of Section 2 thence S 00003 08E along the north south centerline of said Section 2 513 85 feet to the Point of Beginning Thence S 89011 34 E parallel to the north line of said Section 2 128 74 feet thence S01038 48 W 126 15 feet thence N 89011 34 W parallel to the north line of said Section 2 125 00 feet thence N 00003 08W along said north south centerline 126 15 feet to the point of beginning Containing 0 368 acres Subject to a drainage and utility easement recorded in DR 4682 Page 1190 Ordinance No 7412 05 CDB Meeting Date Case Number Owner Applicant Location Agenda Item April 19 2005 ANX2004 12022 Jon and Pamela Morris 1600 Pine Place F 4 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST SITE INFORMATION PROPERTY SIZE PROPERTY USE Current Use Proposed Use PLAN CATEGORY Current Category Proposed Category a Annexation of 0 368 acres of property to the City of Clearwater b Future Land Use Plan amendment from Residential Urban RU Category County to Residential Urban RU Category City of Clearwater and c Rezoning from R R Rural Residential District County to Law 1ediumDensity Residential LMDR District City of Clearwater 16 030 square feet or 0 368 acres 126 feet wide by 126 feet deep MOL Single family dwelling Single family dwelling Residential Urban RU County Residential Urban RU City Staff Report Commwlity Development Board April 19 2005 Case ANX2004 12022 Page 1 ZONING DISTRICT Current District Proposed District R R Rural Residential County Low Medium Density Residential LMDR City EXISTING SURROUNDING USES North Vacant South Single family residential East Single family residential West Single family residential ANALYSIS This annexation involves a O 368 acre property occupied by a single family dwelling located at the western terminus of Pine Place The property is located within an enclave and is contiguous with existing City boundaries to the south east and west therefore the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service It is proposed that the property have a Future Land Use Plan designation of Residential Urban RU and a zoning category of Low Medium Density Residential LMDR I IMPACT ON CITY SERVICES Recommended Findings of Fact Water and Sewer The applicant receives water service via and on site well from Pinellas County although a City water line exists to the east of the property within the Pine Place right of way Sewer service will be provided by the City of Clearwater and capacity for the project is available from this utility The closest sewer line is located within the Pine Place right of way adjacent to the subject site The applicant is aware of the costs to extend service to this site and has paid the sanitary sewer impact and assessment fees Solid Waste Collection of solid waste will be provided by the City of Clearwater The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County s Resource Recovery Plant and capacity is available to serve the property Police The property is located within the Central Police District and service will be administered through the District 2 Substation located at 645 Pierce Street There are currently 65 patrol officers and nine patrol sergeants assigned to this district Community policing service will be provided through the City s zone system and officers in the field The Police Department has stated that it will be able to serve this property and the annexation will not adversely affect police service and response time Fire and Emergency Medical Services Staff Report Community Development Board February 15 2005 Case ANX2004 12022 Page 2 Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue The Fire Department will be able to crve this property and the annexation will not adversely affect fire and EMS service and response time Recommended Conclusions of Law The City has adequate capacity to serve this property with sanitary sewer solid waste police fire and EMS services The proposed annexation will not have an adverse effect on public facilities and their level of service II CONSISTENCY WITH CITY S COMPREHENSIVE PLAN Section 4 604 F l Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Residential Urban RU It is the purpose of this category to depict those areas of the County that are now developed or appropriate to be developed in an urban Iov density residential manner and to recognize such areas as primarily well suited for residential uses that are consistent with the urban qualities and natural resource characteristics of such areas Residential uses are the primary uses in the plan category up to a maximum of 7 5 dwelling units per acre Secondary uses include Residential Equivalent Institutional Transportation Utility Public Educational Facility Ancillary Non Residential and Recreation Open Space The proposed annexation is consistent with promoting the following goal and objective of the City of Clearwater Comprehensive Plan 24 Objective Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code Recommended Conclusions of Law The property proposed for annexation is located with an enclave within the City s urban service area The proposed annexation is consistent with the City s Comprehensive Plan III CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS Sections 2 1001 1 4 604 F 5 Recommended Findings of Fact The site is currently zoned R R Single Family Residential District in Pinellas County The applicant proposes to rezone the property to the Low Medium Density Residential District LMDR The parcel is 126 feet in width and 816 030 square feet in lot size Under the current LMDR zoning district provisions a minimum lot width of 50 feet and a minimum lot area of 5 000 square feet are required Staff Report Community Development Board February 15 2005 Case ANX2004 l2022 Page 3 Recommended Conclusions of Law The subject property exceeds the City s minimum LMDR District dimensional requirements and is therefore consistent with the Community Development Code IV CONSISTENCY WITH THE COUNTYWIDE PLAN Recommended Findings of Fact There is no change requested in the Comprehensive Plan category of the site which will remain Residential Urban RU with a maximum density of7 5 dwelling units per acre Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent with the current designation V CONSISTENCY WITH PINELLAS COUNTY AND FLORIDA LAW Recommended Findings of Fact Pursuant to Pinellas County Ordinance No 00 63 the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria Pinellas County Ordillance No 00 631 a requires that a proposed aIUlexation be both contiguous to the existing municipal boundaries and compact This site is contiguous with the existing City boundaries to the east and represents a logical and appropriate extension of the existing boundaries The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries Recommended Conclusions of Law The property proposed for annexation is contiguous to city boundaries and is compact in its concentration therefore the annexation of this property is consistent with Pine lIas County Ordinance No 00 63 VI CODE ENFORCEMENT ANALYSIS There are no current code enforcement violations or any code enforcement history on this site SUMMARY AND RECOMMENDATIONS Staff Report Community Development Board February 15 2005 Case ANX2004 12022 Page 4 The proposed annexation can be served by City of Clearwater services including sewer solid waste police fire and emergency medical services without any adverse effect on the service level The proposed annexation is consistent with both the City s Comprehensive Plan and is consistent with Pinellas County Ordinance No 00 63 regarding municipal annexation Based on the above analysis the Planning Department recommends the following actions on the request a Recommend APPROVAL of the annexation ofO 368 acres of property to the City of Clearwater b Recommend APPROVAL of the Residential Urban RU Future Land Use Plan Classification and c Recommend APPROVAL of the Low Medium Density Residential LMDR zoning district pursuant to the City s Community Development Code Prepared by Planning Department StatT Mark T Parry Planner III Attachments Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S Planning Depatment CD B AllIlexationsAAT 200 ANr2004 120221600 Pine Piace MoIs ResiciellceAAr2004 12022 st ir epofdoc Staff Report Community Development Board February 15 2005 Case ANX2004 12022 Page 5 V iew looking west V iew looking southeast at adjacent properties V iew looking west from northeast side of site V iew looking northeast at adjacent properties V iew looking south from north side of site View iooking wesi from south side of site Morris Residence ANX2004 12022 1600 Pine Place w r u w STREET o SANDY V cJ@c J TERRACE RO Of D Y 0 snett DR I I STARLIGHT I KRUSE iLJ AlGONQr LJU ooDRIVEicfCIRDllE RD I L1 ABETH LA J J ERIN l A SUNRISE SUNSET POINT RD C R 576 9Dg gng ElIO STST ijn GREENLEA u u u 1 CRLlSlE Of l3 ffi 1 9 LINWOOD SANOY LA cI1ORCIR ROSEMONT OR uRAO CllliFF Cl i UlooN z f 4 H J Wc1 HASTINGS L cj II Location Map Owner Mr Mrs Jon Morris Case A NX2004 12022 Site 1600 Pine Place 0 368 Land Use Zo nin 9 PIN 02 29 15 00000 120 0700 Fro m RU C ounty R R County To R U C ity L M DR C ity Atlas Pa 9 e 2528 A erial Photograph Owner Mr Mrs Jon Morris Case A NX2004 12022 Site 1600 Pine Place Pro p erty 0 368 Size A cres Land Use Zoning PIN 02 29 15 00000 120 0700 Fro m RU County R R C ounty To R U C ity L M DR C ity A tl asP age I 252B 1 1111r 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 i 1 1 5lg Ff 3 l J d4 CUMBERLAND LN I I 5 ml 0 17LJ6 3 1 7 I 1 1 5 1 II to I I 37 s 34 0 Q 3r 1 r I fg co I I LJ t l 1 1911 L J 2001 C l 1 I I I r l P 12J21 2 J l r 111J 1 j l I r t I I Il1 1 Ll I I I II 1 45 r 1 1 1 1 It J l81 1 1 I l g 4 1 1 I r I 48 1 I I I 1 1 13 16 Annexation Map Owner M r M rs Jon Morris Case A NX2004 12022 Site 1600 Pine Place Pro p erty 0 368SizeAcres Land Use Zoning PIN 02 29 15 00000 120 0700 Fro m R U C 0 un ty R R County To R U C ity L M 0 R C ity A tl asP age 252B 0 I 1 I 1 1 I r J H J 1 1 1 2 I 1 I I I Ilr J 1 39 19 rJ I I r l16 3 I 1ty7 I l iri I 20 r J21 L lr111JIJ r I J WINDSOR DR 18 2 C J @ r r L I L l 141 I 1 11r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r l r 111 J 1 1 j ru 1 I L I Sv I I 1 I 1 lJl 111 l 55 ft3 l I rJ 1 1 11r l1U 3 I L r r 120 T 121 l I L n 1 l J l 22 I I J t J d4 19 II I I 37 L l1l S 2021 j2tl1 7 1 16L 3 1 7I 18 0 0 @ r J l r L I L J 14 J 1 J r 1 1 J RL WINDSOR DR 34 3r 1 r I co 1 I LJ r 11 rj l r I I l 12 1 pL23LJ12J2ti v2CY I 208 1 r 1 1 nS45 20567 L 1 13 IS Future Land Use Map Owner M r Mrs Jon Morris Case A NX2004 12022 Site 1600 Pine Place Pro p erty 0 368SizeAcres LandUse Zoning PIN 02 29 15 00000 120 0700 Fro m RU County R R County To R U C ity L M 0 R C ity A tl asP age 252B Se CUMBERLAND LN I 1 lOOtIluaJI 37 L J6 15 1021 j2tJ 1 7 1 16L 13 1 7I I L j 1 tsh 1291 rpD l 2 33 J L U8 l cl 111 l L S J l I 1 2 34 0 lO 3S j f I co I LJ IIr 1 la 1 1 L J 2001 c g l 1 rl 1 I I f r J 2Z I l f L 21 21 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 r l 1 1II1J I1Ijrrui11I L 11 tuI I I I V 45 r 1 1 1 1 it r J 1ll I 1 g 14i l 1 1 I d L r PINE PL 0 I L 1 1 I r J t 1 rIJIl I I 11 I 4Kr J t 39 i 48 J J I I I 1 1 d4 r 1 1r l U 3 I L r I Irl20rJ2l1122 L J 1 1 1 t 1 19 r I J WINDSOR DR U C r I r L 1 1 I I I 116 1 115 I 14 I L J S j l Zoning Map Owner M r M rs Jon Morris Site 1600 Pine Place Land Use Fro m RU C ounty To R 1I C ity L Case Pro p erty Size A cres Zo n i n 9 1 13 1641 A NX2004 12022 0 368 PIN 0229 15 00000 120 0700 R R County L M 0 R C ity A tl asP 0 9 t 2528 I r 1 r l I Place ofJW or hip Jr I rl J tI 1 1 r u I I 11 t J 1 2Oe 6@ I I 1054 2057 1l6 I L i4i l I rLI 48 r J J I I I J fJJ 3 r I to I J a I 5 Ja21 j2l17 p6L 3 1 7 18 I U U C I r I j l r 2Z 1 2001 CI J Surrounding Uses Map Owner Mr Mrs Jon Morris Case A NX2004 12022 Site 1600 Pine Place Pro p erty Size A cres 0 368 Land Use Zo nin 9 PIN 02 29 15 00000 120 0700 Fro m R U C 0 u n ty R R County To RU City LMDR City A tl asP age 2528 PLD 3 City Council A enda Cover Memorandum q J Trackina Number 1 302 Actual Date 05 19 2005 Subiect Recommendation Approve the Annexation Future Land Use Plan Amendment from County Residential Urban RU to City Residential Urban RU and Zoning Atlas Amendment from the County R 3 Single Family Residential District to the City Low Medium Density Residential LMDR District for 2201 Arlington Place Lot 1 Block B Palmetto Terrace in Section 7 Township 29 South Range 16 East and Pass Ordinances 7417 05 7418 05 7419 05 on first reading ANX2005 01001 Summarv The subject property is located at 2201 Arlington Place at the southeast corner of North Belcher Road and Arlington Place The applicant is requesting this annexation in order to receive City sewer and solid waste service The property is contiguous with the existing City boundaries to the north and west therefore the proposed annexation is consistent with Pinellas County ordinance 00 63 with regard to voluntary annexation The subject site is approximately 0 17 acres in area and is occupied by an existing single family detached dwelling It is proposed that the property have a Future Land Use Plan designation of Residential Urban RU and a zoning category of Low Medium Density Residential LMDR The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code The proposed annexation will not have anadverse impact on public facilities and their level of service The proposed annexation is consistent withthe City s Comprehensive Plan the Countywide Plan and the Community Development Code The proposed annexation is contiguous toexisting municipal boundaries represents a logical extension of the boundaries and does not create an enclave This annexation has been reviewed by the Pinellas Planning Council PPC and Pinellas County staffs according to the provisions of Pinellas County Ordinance No 00 63 Section 7 1 3 and no objections have been raised Please refer to the attached annexation report ANX2005 01001 for the complete staff analysis The Community Development Board reviewed this application at its public hearing on April 19 2005 and unanimously recommended approval of the application Oriainatina Planning Section Quasi judicial public hearings Cateqorv Annexations Land Use Plan and Zoning Public Hearing Yes Advertised Dates 04 03 2005 05 01 2005 Financial Information Review Aooroval Gina Clavton 04 22 2005 16 08 26 Lp lif DOllOnll Sirlp 04 29 2005 10 23 20 City Council A enda Cover Memorandum Michael Delk Bill Horne 05 09 2005 10 57 29 04 27 2005 14 14 10 05 09 2005 13 39 35 04 27 2005 14 30 07 05 09 2005 11 20 21 Garry Brumback Mir hilel Delk Cvndie Goudeau L ORDINANCE NO 7417 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NORTH BELCHER ROAD AND ARLINGTON PLACE CONSISTING OF LOT 1 BLOCK B PALMETTO TERRACE WHOSE POST OFFICE ADDRESS IS 2201 ARLINGTON PLACE INTO THE CORPORATE LIMITS OF THE CITY AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION PROVIDING AN EFFECTIVE DATE WHEREAS the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171 044 Florida Statutes and the City has complied with all applicable requirements of Florida law in connection with this ordinance now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA Section 1 The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly Lot 1 Block B Palmetto Terrace as recorded in Plat Book 39 Page 7S Public Records of Pinellas County Florida ANX200S 0 1001 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 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 SCOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Leslie K Dougall Sides Assistant City Attorney Cynthia E Goudeau City Clerk Ordinance No 741705 ORDINANCE NO 7418 05 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 AT THE SOUTHEAST CORNER OF NORTH BELCHER ROAD AND ARLINGTON PLACE CONSISTING OF LOT 1 BLOCK B PALMETTO TERRACE WHOSE POST OFFICE ADDRESS IS 2201 ARLINGTON PLACE UPON ANNEXATION INTO THE CITY OF CLEARWATER AS RESIDENTIAL URBAN 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 Lot 1 Block B Palmetto Terrace as recorded in Plat Book 39 Page 75 Public Records of Pinellas County Florida ANX2005 01001 Land Use Category Residential Urban 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 7417 05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Cynthia E Goudeau City Clerk Leslie K Dougall Sides Assistant City Attorney Ordinance No 7418 05 ORDINANCE NO 741905 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NORTH BELCHER ROAD AND ARLINGTON PLACE CONSISTING OF LOT 1 BLOCK B PALMETTO TERRACE WHOSE POST OFFICE ADDRESS IS 2201 ARLINGTON PLACE 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 Lot 1 Block B Palmetto Terrace as recorded in Plat Book 39 Page 75 Public Records of Pinellas County Florida ANX2005 01 001 ZoninQ District Low Medium Density Residential LMDR 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 7417 05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Cynthia E Goudeau City Clerk Leslie K Dougall Sides Assistant City Attorney Ordinance No 7419 05 CDB Date Case Number Owner Applicant Location Agenda Item April 19 2005 ANX2005 01001 Ms Elizabeth McDonough 2201 Arlington Place F 3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST a Annexation ofO 17 acres to the City of Clearwater b Future Land Use Plan amendment from Residential Urban RU Category County to Residential Urban RU Category City of Clearwater and c Rezoning from R 3 Single Family Residential District County to Low Medium Density Residential LMDR District City of Clearwater SITE INFORMATION PROPERTY SIZE 7 500 square feet or 0 17 acres DIMENSIONS OF SITE 75 feet wide by 100 feet deep PROPERTY USE Current Use Proposed Use Single family dwelling Single family dwelling PLAN CATEGORY Current Category Proposed Category Residential Urban RU County Residential Urban RU City ZONING DISTRICT Current District Proposed District R 3 Single Family Residential County Low Medium Density Residential LMDR City Draft Staff Report Community Development Board April 19 2005 Case ANX2005 0 I 00 I Page 1 EXISTING SURROUNDING USES North Single family residential South Single family residential East Single family residential West retail sales and service Funeral Home ANALYSIS This annexation involves a 0 17 acre property consisting of one parcel located at the southeast corner of North Belcher Road and Arlington Place The property is located within an enclave and is contiguous with existing City boundaries to the north and west therefore the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation The applicant is requesting this annexation to receive sewer and solid waste service It is proposed that the property have a Future Land Use Plan designation of Residential Urban RU and a zoning category of Low Medium Density Residential LMDR I IMPACT ON CITY SERVICES Recommended Findings of Fact Water and Sewer The applicant receives water service from Pinellas County The site currently receives sewer service from the City of Clearwater and capacity for the project is available from these utilities Solid Waste Collection of solid waste will be provided by the City of Clearwater The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County s Resource Recovery Plant and capacity is available to serve the property Police The property is located within the East Police District and service will be administered through the District 3 Police Headquarters located at 2851 North McMullen Booth Road There are currently 56 patrol officers and seven patrol sergeants assigned to this district Community policing service will be provided through the City s zone system and officers in the field The Police Department has stated that it will be able to serve this property and the annexation will not adversely affect police service and response time Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road The Fire Department will be able to serve this property and the annexation will not adversely affect fire and EMS service and response hme Staff Report Community Development Board April 19 2005 Case ANX2004 1 0015 Page 2 Recommended Conclusions of Law The City has adequate capacity to serve this property with sanitary sewer solid waste police fire and EMS services The proposed annexation will not have an adverse effect on public facilities and their level of service II CONSISTENCY WITH CITY S COMPREIlENSIVE PLAN Section 4 604 F l Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Residential Urban RU It is the purpose of the RU category to depict those areas of the County that are now developed or appropriate to be developed in an urban low density residential manner and to recognize such areas as primarily well suited for residential uses that are consistent with the urban qualities and natural resource characteristics of such areas Residential is the primary use in this plan category up to a maximum of seven and one half 7 5 dwelling units per acre Secondary uses include Residential Equivalent Institutional TransportationlUtility Public Educational Facility Ancillary Non Residential and RecreationOpen Space The proposed annexation is consistent with promoting the following goal and objective of the City of Clearwater Comprehensive Plan 24 Objective Compact urban development within the urban service area shall be promoted through application ofthe Clearwater Community Development Code Recommended Conclusions of Law The property proposed for annexation is located with an enclave within the City s urban service area The proposed annexation is consistent with the City s Comprehensive Plan III CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS Sections 2 1001 1 4 604 F 5 Recommended Findings of Fact The site is currently zoned R 3 Single Family Residential District in the County The applicant proposes to rezone the property to the Low Medium Density Residential District LMDR Under the current LMDR zoning district provisions a minimum lot width of 50 feet and a minimum lot area of 5 000 square feet are required Staff Report Community Development Board April 19 2005 Case ANX2004 1 00 15 Page 3 Recommended Conclusions of Law The subject property exceeds the minimum dimensional requirements of a standard development in the LMDR District and is therefore consistent with the Community Development Code IV CONSISTENCY WITH THE COUNTYWIDE PLAN Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan category of the site which will remain Residential Urban RU with a maximum density of 7 5 dwelling units per acre Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent vith the current designation V CONSISTENCY WITH PINELLAS COUNTY LAW Recommended Findings of Fact Pursuant to Pinellas County Ordinance No 00 63 the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria Pinellas County Ordinance No 00 63 1 a requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact This site is contiguous with the existing City boundaries to the east and represents a logical and appropriate extension of the existing boundaries The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries Recommended Conclusions of Law The property proposed for annexation is contiguous to the City boundaries and is compact in its concentration therefore the annexation of this property is consistent with Pinellas County Ordinance No 00 63 VI CODE ENFORCEMENT ANALYSIS There are no current code enforcement violations or any code enforcement history on this site Staff Report Community Development Board April 19 2005 Case ANX2004 1 0015 Page 4 SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by City of Clearwater services including sanitary sewer solid waste police fire and emergency medical services without any adverse effect on the service level The property already receives City water service The proposed annexation is consistent with both the City s Comprehensive Plan and is consistent with Pinellas County Ordinance No 00 63 regarding municipal annexation Based on the above analysis the Planning Department recommends of the following actions on the request a Recommend APPROVAL of the annexation ofO 17 acres to the City of Clearwater b Recommend APPROV AL of the Residential Urban RU Future Land Use Plan classification and c Recommend APPROVAL of the Low Medium Density Residential LMDR zoning district pursuant to the City s Community Development Code Prepared by Planning Department Staff Mark T Parry Planner III Attachments Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S Plafllliflg Departmeflt C D BA llnexationsL4NX 200iANX2005 0JO01 2201 Arlingtoll McDollough ResidenceANX2005 01001 sto tr report doc Staff Report Community Development Board April 19 2005 Case ANX2004 1 0015 Page 5 View looking southeast from Arlington Place View looking southwest from from Arlington Place View looking south from Arlington Place View looking east along south side of Arlington Place View looking east at adjlillct properties on the north side of Arlington Place McDonough Residence ANX2005 01001 2201 Arlington Place View looking north to properties on the north side of Arlington Place Location Map Owner Ms Elizabeth McDonough Site 2201 Arlin gto n Pia c e Land Use Case AN X2005 0 100 1 0 17 To RU Couiity R U C ity Zo nin g R 3 C 0 u nty L M DR C ity PIN 07 29 16 65898 002 0010 fro m A tl asP age 281A CJloft 1m 10 I 2J96M I 11 IV i I I I ilx r IlJlII AWI lDl 1 lt b t iil N1IlI euJ1 E J A1lIM1WI lm1 ft iltil cb e it m iiIlI Q ji h Q cW ft J S U W t j lIQ il m @Il jj cli liIl l m i1iii1i1 1I c a t lonng AUK W j 264A A eri al Map Owner Ms Elizabeth McDonough Case A NX2005 01001 Sit e 220 1 A rli n g ton P I ace Property Size A cres 0 17 Land Use Zoning PIN 07 29 16 65898 002 0010 Fro m RU County R 3 County To R U C ity L M DR C ity A tl asP age 281A 1YIetajttoIj0 Ila III l t m lfr RI1 mo I111 7 JJl L a i1 w J ry rf I1105IIT1 lL ii 11 j I I I 111 1 K iti 4fuyllt11IiI tk f HfrTfIIfs m A fllTIiij11Ii0llft IE I l OJ IF 0 I I tlIpoIIi110@i IIl 0 UmijIE1 4 lW lri Zi0rjIII7tI milf1 I 1 If 7 IE reejim I CJ ior4f I II I 1 m 4 1 Il Wflif010 lc w 0 I1 I I I I Zaring AUM tI I 11 11 V L I1rrJ IIp J l l 11 t T dLlllcrIIrujnlI264AjrILw I I I I I I I I I I I J I I I I I I I III I I l I I I I 11III I I I I I I I I J L J 101 PALMETTO ST 0 90 r I I rI I I J L L I 1 I I 1 1 1 I 1 J r l 90 I ttJ Ill r 80 x 0 11 8 0 I 1 1 1 1 1 1 1 1 1 I I U 1 74 I I I I I ILJ c J Pt C J 1 r I I r J J l l rJ L l J 9QL r L l II J 1 I J L I J J Annexation Map Owner Ms Elizabeth McDonough Site 2201 Arlington Place Land Use Fro m To R U C 0 un ty RU City C a S8 Pro p erty Size A cres Zo nin g r r lr I rrJ I 1 J A NX2005 01001 0 17 PIN 07 29 16 65898 002 0010 R 3 County L M DR C ity A tl asP age 281A oMil I t I c ICI t m Ii l g L1I1 lIllllUrI I I If f Pml1l t illSf611IJJIlMlff rI 1 1 4H1fJ j I l2 t6 11 If i Hil J H 2 irllJf1M I 1i1 J17U1J 1J I 4 il 1700 J J T i I IIm 1rlJiAIm1WM I I HOO ml I f I iiM inn L I I 111111 1 1 1 I t Il rA I Ir IIIrslIItIiri III l t4 AiiII 1M i@m l 7 4 cl mtWttiiI1iii0If1if E i m I oJ 11ILIm Jr 0Ir t J H1ImiwUI0hjElIIWt p II ii k i ii Il iiioi ImE7I10IZI I W IW if tf11 I m 1l1C17efodd IJ w1II1III j t 1 7PIf 0 i i L J Zkiring Aimf II if Ii II no rQl I 10 ijti lnl J I H jt q Ll7J1p l H I m 1 J 1 264A 1 1 1 1 1 1 1 1 1 1 I J I 1 1 1 1 1 11 i 1 1 1 1 l PALMETTO ST 11r1 1 1 I L C I r 1 L I OJ IT1 I I J L Or1 L RCG I 1 1 J e INS 1 1 1 1 1 1 1 1 1 1 1 1 1IJ 1 1 1 1 1 1 1 L 1 1 I 1 L J 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r Ll II1 I 1I1I1 111 1LSLJ I 111U 1 1i1 r I r L C J 1JlJ L l I I 1 I 1 i J L J i JJ L L r l 1 1lIJ INS 1 rr Ir 1 1 rJ 1 J Future land Use Map Owner Ms Elizabeth McDonough Site 2201 A rli n 9 ton P I ace Land Use Zo nin 9 Fro m RU County R 3 County To R U C ity L M DR C ity Case A N X 2005 0 100 1 0 17 PIN 01 29 16 65898 002 0010 A tl asP age 281A 3 F116 t I j l I 1 I I J 1 I IILI I r P l I I IC S h 1 w w i P 1 lI r m i 1 lJfll I I I i I S ll1i i 0 I liiI I0jL730 1 l lI 1 1 1 e J J d L l i j i 1 I m I JIJ I L I jJiI I 1 1 f 1 I 1 110 1 u AIT Iii I II I 1 1 11 11 I I I7J1J tl p It o tl lJ LI nrT r Jl Et rr L 1l 6 f l I 1e1 rJt ill I IIjLILI 1 I 691 14 z H1B JS 111l I el n r HAllliIJ 1Ii1il Jltt lf 1lilW wmi J r j L III jl JC I h mJ w j l m j Ori jf Q Ii i l S Ul1 1iil l W t W m i I J r J 1W Y1 fI mWfi e l WC loring AILB J PL4JLt 264A 1 1 1 1 1 1 1 1 1 1 t J I 1 1 1 1 1 i IRTl11 1 1 1 1 I I 1 1 I 1 1 I 1 1 1 1 1 1 1 1 r I I I11 1 1 1 1 1 1 11sL1 Owner N r l1r1 1 L L I r 901 1 1 I I L tf 1 I 1 L J 1 I 8 0 1 1 1 1 1 1 I 1IJ I I 1U c 1 7 1 Ms Elizabeth McDonough Site 2201 A rli n g ton P I ace Land Use Fro m To R U C 0 u n ty R U C ity 101 90 c c r I r J 1 I 1 1 I r 11 J r 1 I L rJ 1 1 r r L 1 1 1 c I 1 J 1111 1 9 1 A J L J ll d ll 8 0 I Zoning Map Case A NX2005 01001 Pro p erty Size A cres 0 17 Zoning PI N 07 29 16 65898 002 0010 R 3 County L M DR C ity A tl asP age 281A I I 2291 00 11 W HOO T ci I i mA eq I t QI 1 4 a 7 c 01 rr B y J I f l I J4 i I i 1 1 I 1 If n fl I I i cr ri AII i t Tn I M heI i tl tjj I I I I J i a 1 r J d I 10 zro0 7 1 I I I r 1 mtrjIjI I L n Itbrf1b q II I I 17rJ I J t I I fl 1 fa1 11n 6 3 12 tnf HJ TzlH23 10 MlY m U I 91 m 8 1111 BIJ mf Ill 11 NtMUm IUII IIIUWIl IiillM 1fi tf 1Mif 1100JII r l r J t lffil MQmliij l rih fum il J j it Qi @ ilJ @ t l rw jj W S i w a t m 8i f tIJ Jfft Xi WMi II jb r e t t loring AILz C f L 264A 1 1 1 1 1 I 1 1 I 1 1 1 1 1 1 1 1 r J 1 1 1 1 1 1 1 1 1 1 1 1L 101 co PALMETTO ST 0 r l 1 r1 1 1 J L 1 1 I 1 1 L 1 1 1 I I J 1 I 1 1 l J r 190 L i OJ rT1 I 8 0 tB 0 o 1 1 I 1 8 0 I 1 L J 1 1 1 111IJ 1 1 1 1 1 1 1 1 1 1 1 11 r 11 I11 1 1 I 1 I 1 I 1 I 1I1LLl 1 I 1 R 1 1 I I I J I II1I1 U 1 7 1 90 r r 1 1 Ii11J gqL r L I II 1 I I c I J L o 1 rrrr 1 1 1 1 rrJ 1 J Existing Surrounding Uses Map Owner Ms Elizabeth McDonough Case AN X2005 0 100 1 Site 2201 A rli n g ton P I ace 0 17 Land Use Zoning PIN 07 2 9 16 65 898 00 2 0010 Fro m R U C 0 u n ty R 3 County To R U C ity L M DR C ity A tl asP age I 281A l I l r n HW oR r211T Q1fildi1 I A lmllil l l 111e 1W m 11 tl 1l1O T rr J lT v Ii r II jElIf l itSgelllI t f I h i J 1 1 II I I e 11t 1 C i t I tftJI IIi I 1 1 i i f iji e I oIIl I It1 I I U I I n I 1TQIII0jTJlrtlIIJIIIIJit1fr m I 1111 1 J b mfill Ii IUIll aUII 1 lIIilUl It Mtiflt Bf fIiH lIu 4ii t W C J II Lw eiM Ojj t li Q il 4 r @ I m S i iIina 1jj iit 1i1 M W CJ m e iim e ii lOring AIIIB I 264A City Council @ genda f@9v r nd m PL 1 S q 3 Tracking Number 1 331 Actual Date Subject Recommendation Approve the Annexation Land Use Plan Amendment from County Residential Low RL to City Residential Low RL and Zoning Atlas Amendment from the County R 3 Single Family Residential District to the City Low Medium Density Residential LMDR District for 1724 Thomas Drive Lot 7 Block 5 Virginia Grove Terrace Second Addition in Section 5 Township 29 South Range 16 East and Pass Ordinances 7420 05 7421 05 7422 05 on first reading Summary The subject property is located at 1724 Thomas Drive approximately 440 feet north of the northwest corner of S R 590 and Thomas Drive The applicant is requesting this annexation in order to receive City sewer and solid waste service The property is located within an enclave it is not contiguous with any existing City boundaries The proposed annexation is consistent with Pinellas County Ordinance No 00 63 with regard to voluntary annexation The subject site is approximately 0 193 acres in area and is currently vacant though a single family detached dwelling is under construction on the site It is proposed that the property have a Future Land Use Plan designation of Residential Low RL and a zoning category of Low Medium Density Residential LMDR The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code The proposed annexation will not have an adverse impact on public their level of service facilities and The proposed annexation is consistent with the City s Comprehensive Plan the Countywide Plan and the Community Development Code The proposed annexation is located within an enclave and its annexation will reduce such enclave This annexation has been reviewed by the Pinellas Planning Council PPC and Pinellas County staffs according to the provisions of Pinellas County Ordinance No 00 63 Section 7 1 3 and no objections have been raised Please refer to the attached annexation ANX2005 01002 report for the complete staff analysis The Community Development Board reviewed this application at its public hearing on April 19 2005 and unanimously recommended approval of the application Originating Planning Section Quasi judicial public hearings Category Annexations Land Use Plan and Zoning Number of Hard CODies attached 0 Public Hearinq Yes Advertised Dates 04 19 2005 05 19 2005 Financial Information Review Aooroval Gina Clavton Leslie Douaall Sides Cyndie Goudeau City Council Ag d Coy jv1emoraum 05 09 2005 16 19 47 05 10 2005 14 28 04 05 12 2005 15 28 33 CDB Meeting Date Case Number Owner Applicant Location Agenda Item April 19 2005 ANX2005 01002 West Bay Development Corporation 1724 Thomas Dr F 5 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST a Annexation ofO 193 acres to the City of Clearwater b Future Land Use Plan amendment from Residential Low RL Category County to Residential Low RL Category City of Clearwater and c Rezoning from R 3 Single Family Residential District County to Low Medium Density Residential LMDR District City of Clearwater SITE INFORMATION PROPERTY SIZE 8400 square feet or 0 193 acres 70 feet wide by 120 feet deep PROPERTY USE Current Use Proposed Use Vacant single family dwelling under construction Single family dwelling PLAN CATEGORY Current Category Proposed Category Residential Low RL County Residential Low RL City ZONING DISTRICT Current District Proposed District R 3 Single Family Residential County Low Medium Density Residential LMDR City Staff Report Community Development Board April 19 2005 Case ANX2005 01002 Page 1 EXISTING SURROUNDING USES North Single family residential South Single family residential East Single family residential West Single family residential ANALYSIS This annexation involves a 0 193 acre property consisting of one parcel located approximately 440 feet north of the northwest comer of S R 590 and Thomas Drive The property is located within an enclave it is not contiguous with any existing City boundaries The proposed annexa tion is consistent with Pinellas County Ordinance No 00 63 with regard to voluntary annexation The applicant is requesting this annexation to receive sewer and solid waste service It is pro posed that the property have a Future Land Use Plan designation of Residential Low RL and a zoning category of Low Medium Density Residential LMDR I IMPACT ON CITY SERVICES Recommended Findings of Fact Water and Sewer The applicant receives water service from Pinellas County Sanitary sewer service will be pro vided by the City of Clearwater and the City has adequate capacity to serve this property The closest sanitary sewer line is located within the Thomas Drive right of way The applicant has paid the City s sewer impact fee and assessment fee and is aware of the additional costs to extend City sewer service to this property Solid Waste Collection of solid waste will be provided by the City of Clearwater The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County s Re source Recovery Plant and capacity is available to serve the property Police The property is located within Police District III and service will be administered through the dis trict headquarters located at 2851 McMullen Booth Road There are currently 56 patrol officers and seven patrol sergeants assigned to this district Community policing service will be provided through the City s zone system and officers in the field The Police Department has stated that it will be able to serve this property and the annexation will not adversely affect police service and response time Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road The Fire Department will be able to serve this property and the an nexation will not adversely affect fire and EMS service and response time Staff Report Community Development Board April 19 2005 Case ANX2004 1 00 15 Page 2 Recommended Conclusions of Law 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 level of service II CONSISTENCY WITH CITY S COMPREHENSIVE PLAN Section 4 604 F 1 Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Residential Low RL It is the purpose of the RL category to depict those areas of the County that are now developed or appropriate to be developed in a low density residential manner and to recognize such areas as primarily well suited for residential uses that are consistent with the low density non intensive qualities and natural resource characteristics of such areas Residential is the primary use in this plan category up to a maximum of five 5 dwelling units per acre Secondary uses include Residential Equivalent Institutional TransportationUtility Public Educational Facility Ancillary Non Residential and RecreationOpen Space The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan 24 Objective Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code Recommended Conclusions of Law The property proposed for annexation is located within an enclave within the City s urban service area The proposed annexation is consistent with the City s Comprehensive Plan III CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS Sections 2 1001 1 4 604 F 5 Recommended Findings of Fact The site is currently zoned R 3 Single Family Residential District in the County The applicant proposes to rezone the property to the Low Medium Density Residential District LMDR Under the current LMDR zoning district provisions a minimum lot width of 50 feet and a minimum lot area of 5 000 square feet are required The applicant received a building permit from Pinellas County and is now constructing the sin gle family residence The structure is located twenty 20 feet from the front lot line This setback meets County requirements but does not meet the twenty five 25 foot front yard setback re quired in the City s LMDR district As such the house is considered a non conforming structure Staff Report Community Development Board April 19 2005 Case ANX2004 1 00 15 Page 3 Should the structure be damaged beyond 50 of its assessed value the code requires that it may be rebuilt only in conformance with the standards prescribed in the LMDR district The applicant is aware of the applicable restrictions Recommended Conclusions of Law The subject property exceeds the City s minimum LMDR dimensional requirements though does not comply with the front yard setback and is therefore consistent with the Community De velopment Code IV CONSISTENCY WITH THE COUNTYWIDE PLAN Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan category for the site which will remain Residential Low RL with amaximum density of 5 dwelling units per acre Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent with the current designation V CONSISTENCY WITH PINELLAS COUNTY Recommended Findings of Fact Pursuant to Pinellas County Ordinance No 00 63 the Pinellas Planning Council staff has re viewed this annexation and determined that it complies with all applicable ordinance criteria Pi nellas County Ordinance No 00 63 1 b provides for the voluntary annexation of property that is located within and reduces an enclave on the effective date of the ordinance The subject site is located within an enclave is noncontiguous to city boundaries and reduces the enclave Recommended Conclusions of Law The property proposed for annexation is located within an enclave and its annexation will reduce such enclave therefore the annexation of this property is consistent with Pinellas County Ordi nance No 00 63 VI CODE ENFORCEMENT ANALYSIS There are no current code enforcement violations or any code enforcement history on this site Staff Report Community Development Board April 19 2005 Case ANX2004 10015 Page 4 SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by City of Clearwater services including solid waste police fire and emergency medical services without any adverse effect on the service level The property will receive water service from Pinellas County and sanitary sewer service from the City of Clearwater The proposed annexation is consistent with both the City s Comprehensive Plan and with Pinellas County Ordinance No 00 63 regarding municipal annexation Based on the above analysis the Planning Department recommends of the following actions on the request a Recommend APPROVAL of the annexation ofO 193 acres to the City of Clearwater b Recommend APPROVAL of the Residential Low RL Future Land Plan classification and c Recommend APPROVAL of the Low Medium Density Residential LMDR zomng classification pursuant to the City s Community Development Code Prepared by Planning Department Staff Karl Wielecki AICP Planner II Attachments Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs S IPlanning DepartmentlC D BlAnnexationslANX 20051ANX2005 01002 1724 Thomas West Bay1ANX2005 01002 stafJreport doc Staff Report Community Development Board April 19 2005 Case ANX2004 1 00 15 Page 5 ORDINANCE NO 7420 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 440 FEET NORTH OF THE NORTHWEST CORNER OF S R 590 AND THOMAS DRIVE CONSISTING OF LOT 7 BLOCK 5 VIRGINIA GROVE TERRACE SECOND ADDITION WHOSE POST OFFICE ADDRESS IS 1724 THOMAS DRIVE 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 7 Block 5 according to the plat of Virginia Grove Terrace Second Addition recorded in Plat Book 37 Page 73 Public Records of Pinellas County Florida ANX2005 01002 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 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 Frank V Hibbard Mayor Approved as to form Attest Leslie K Dougall Sides Assistant City Attorney Cynthia E Goudeau City Clerk Ordinance No 742005 ORDINANCE NO 7421 05 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 APPROXIMATELY 440 FEET NORTH OF THE NORTHWEST CORNER OF S R 590 AND THOMAS DRIVE CONSISTING OF LOT 7 BLOCK 5 VIRGINIA GROVE TERRACE SECOND ADDITION WHOSE POST OFFICE ADDRESS IS 1724 THOMAS DRIVE UPON ANNEXATION INTO THE CITY OF CLEARWATER AS RESIDENTIAL LOW 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 Lot 7 Block 5 according to the plat of Virginia Grove Terrace Second Addition recorded in Plat Book 37 Page 73 Public Records of Pinellas County Florida ANX2005 01002 Land Use CateQorv Residential Low 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 7420 05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Leslie K Dougall Sides Assistant City Attorney Cynthia E Goudeau City Clerk Ordinance No 7421 05 ORDINANCE NO 7422 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 440 FEET NORTH OF THE NORTHWEST CORNER OF S R 590 AND THOMAS DRIVE CONSISTING OF LOT 7 BLOCK 5 VIRGINIA GROVE TERRACE SECOND ADDITION WHOSE POST OFFICE ADDRESS IS 1724 THOMAS DRIVE 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 Lot 7 Block 5 according to the plat of Virginia Grove Terrace Second Addition recorded in Plat Book 37 Page 73 Public Records of Pinellas County Florida ANX2005 01002 Zoninq District Low Medium Density Residential LMDR 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 7420 05 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Leslie K Dougall Sides Assistant City Attorney Cynthia E Goudeau City Clerk Ordinance No 7422 05 Aerial Photograph Site 1724 Thomas Dr Case Property Size Acres ANX2005 0 1002OwnerWestBayDevelopmentCorp 0 193 Land Use Zoning PIN 05 29 16 94356 005 0070 From RL County R 3 County To RL City LMDR City Atlas Page 264A I 1604 fB J 1I L L1J I 1rJIL I r j60 Proposed Annexation Owner West Bay Development Corp Case Property Size Acres ANX2005 01002 Site 1724 Thomas Dr From To 0 193 Land Use Zoning PIN 05 29 16 94356 005 0070 RL County R 3 County RL City LMDR City Atlas Page 264A PENSION ADVISORY COMMITTEE MEETING May 12 2005 Action Agenda 1 Call Meeting to Order 1 9 04 a m 2 Selection of the Seventh Member 2 Nathan Hightower was reappointed 3 Approval of Minutes of April 14 2005 3 Approved 4 Employees to be Heard 4 Sarah Hamm addressed the Committee concerning the City s policy on reissuing pension checks that are lost 5 Action Items 5 a Review and Action on Employee Requests for Regular Pensions a Approved 1 Sandy Thompson Police 2 Douglas Barry Police 3 Barbara Sexsmith Dev Neighborhood Ser b Review and Action on Employee Requests to Vest Pensions b Approved 1 Thomas G Wilson Gas c Approval of New Hires as Plan Members c Approved 1 Bryan Adamson Police 2 Travis Yancey Parks Recreation 3 Catalina Horak Legal 4 Charles Jeffries Jr Public Utilities 5 Jason Harbert Parks Recreation 6 Charlie Sims Public Services 7 Cristina Carosella Police 8 Rick Jackson Solid Waste 9 Joseph Deegan Parks Recreation 10 Adam Morris Police 11 Sharen Jarzen Planning 12 Rosanne Lacey Fire 13 James Ream Parks Recreation 14 Jason Kutch Parks Recreation 15 Michael Sciortino General Services 16 Sebastian Dembek Public Utilities 17 John Knight Public Utilities 6 Pending New Business 6 a James Albright NJC Disability Hearing b Virginia Ford Set Hearing for JCD for David Ford deceased a Approved 4 to 3 b Scheduled for 6 9 05 7 Director s Reports 7 Margie Simmons Finance Director advised the members that the Trustees scheduled a special meeting on June 2 to discuss the actuary report 8 Committee Members to be Heard 8 Member Tom Jensen advised the members that the upcoming FPTA training is worth attending 9 Adjournment 9 11 03 a m 1604 I 1I L L1J I 1rJI I r 60 1 J Existing Surrounding Uses Map Owner West Bay Development Corp Case ANX2005 01002 Property Size Acres Site 1724 Thomas Dr From To 0 193 Land Use Zoning PIN 05 29 16 94356 005 0070 RL County R 3 County RL City LMDR City Atlas Page 264A 160 I L L L l RUL I r 6 1 J Future Land Use Map Case Property Size Acres ANX2005 01002OwnerWestBayDevelopmentCorp Site 1724 Thomas Dr 0 193 From To Land Use Zoning PIN 05 29 16 94356 005 0070 RL County R 3 County RL City LMDR City Atlas Page 264A Location Map Owner West Bay Development Corp Case ANX2005 0 1002 Site 1 724 Thomas Dr Property 0 193SizeAcres Land Use Zoning PIN 05 29 16 94356 005 0070 From RL County R 3 County To RL City LMDR City Atlas Page 264A 1604 fB J 11 L LJJ I 1rJI 1 I r 60 1 J Zoning Map Owner West Bay Development Corp Case ANX2005 0 1002 Site 1 724 Thomas Dr Property 0 193SizeAcres Land Use Zoning PIN 05 29 16 94356 005 0070 From RL County R 3 County To RL City LMDR City Atlas Page 264A Q City Council g n w wover nd1 Trackina Number 1 301 Actual Date 05 19 2005 Subject Recommendation Approve a Future Land Use Plan Amendment from the Residential Office General R OG to the Residential Medium RM category and Zoning Atlas Amendment from the Office 0 District to the Medium Density Residential MDR District for 2485 Druid Road metes and bounds 43 02 and 43 01 Section 18 Township 29 South Range 16 East and Pass Ordinances 7425 05 and 7426 05 on first reading LUZ2005 01001 Summary The subject property is a vacant 2 601 acre parcel and is located at 2485 Druid Road on the south side of Druid Road approximately 1 300 feet west of U S Highway 19 North The applicant Sun Group Construction Consultants Inc would like to construct up to 39 attached dwelling units on the site The applicant is proposing to amend the Future Land Use Plan designation of the site from the Residential Office General R OG to the Residential Medium RM category and the Office 0 District to the Medium Density Residential MDR District The current ResidentialOffice General R OG classification allows residential development at the same density as the proposed Residential Medium RM classification 15 units per acre however the Office 0 zoning district does not permit stand alone residential uses where the Medium Density Residential MDR District does The Planning Department determined that the proposed future land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan The proposed use is compatible with the surrounding area Sufficient public facilities are available to serve the property The applications will not have an adverse impact on the natural environment In accordance with the Countywide Plan Rules the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority Based on the density of the proposed plan category the application is a large scale amendment and review and approval by the Florida Department of Community Affairs is required The Community Development Board reviewed these applications at its public hearing on April 19 2005 and unanimously recommended approval of both a ppl ications Originating Planning Section Quasi judicial public hearings Cateaory Annexations Land Use Plan and Zoning Public Hearina Yes Advertised Dates 04 03 2005 05 01 2005 Financial Information Review Approval ater City Council g nd Q r wQI um W I mi I Gina Clayton Garry Brumback 04 25 2005 10 49 37 05 04 2005 17 05 01 05 10 2005 07 59 39 04 27 2005 14 12 49 05 10 2005 08 07 00 05 04 2005 13 06 17 05 09 2005 17 19 29 Gina Clavton Michael Delk Bill Horne Michael Delk Cvndie Goudeau ORDINANCE NO 7425 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD APPROXIMATELY 1 300 FEET WEST OF U S HIGHWAY 19 NORTH CONSISTING OF A PORTION OF SECTION 18 TOWNSHIP 29 SOUTH RANGE 16 EAST METES AND BOUNDS 43 02 AND 43 01 WHOSE POST OFFICE ADDRESS IS 2485 DRUID ROAD FROM RESIDENTIAL OFFICE GENERAL TO RESIDENTIAL MEDIUM 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 See attached legal description LUZ2005 01001 Land Use Cateqorv From Residential Office General To Residential Medium 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 Pine lias County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City s Comprehensive Plan as amended by this ordinance PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Cynthia E Goudeau City Clerk Leslie K Dougall Sides Assistant City Attorney Ordinance No 7425 05 ORDINANCE NO 7426 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF DRUID ROAD APPROXIMATELY 1 300 FEET WEST OF U S HIGHWAY 19 NORTH CONSISTING OF A PORTION OF SECTION 18 TOWNSHIP 29 SOUTH RANGE 16 EAST METES AND BOUNDS 43 02 AND 43 01 WHOSE POST OFFICE ADDRESS IS 2485 DRUID ROAD FROM OFFICE 0 TO MEDIUM DENSITY RESIDENTIAL MDR 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 See attached legal description LUZ2005 0 1001 Zoninq District From Office 0 To Medium Density Residential MDR 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 7425 05 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 Deveioprnent Regulation Act pursuant to 9163 3189 Florida Statutes PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Leslie K Dougall Sides Assistant City Attorney Cynthia E Goudeau City Clerk Ordinance No 7426 05 CDB Meeting Date Case Number Owner Applicant AQf L19 2005 LUZ2005 0 100 1 William L Jacobsen Sun GrouT Construction Consultants Inc c o Broderick Associates Inc 2485 Druid Road F 2 Address Agenda Item CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST a Future Land Use Plan amendment from the Residential Office General RlOG Classification to the Residential Medium RM Classification and b Rezoning from the Office 0 District to the Medium Density Residential MDR District SITE INFORMATION PROPERTY SIZE 113 300 square feet or 2 601 acres 400 feet wide by 283 feet deep PROPERTY USE Current Use Proposed Use Vacant Maximum of 39 attached dwellings PLAN CATEGORY Current Category Proposed Category ResidentialOffice General RlOG Residential Medium RM ZONING DISTRICT Current District Proposed District Office 0 Medium Density Residential MDR Revised Staff Report Community Development Board April 19 2005 Case LUZ2005 01001 Page 1 EXISTING SURROUNDING USES North Single family residential South Utilityinfrastructure facility Florida Power Company right of way East Utilityinfrastructure facility Florida Power Company right of way West Mobile Home Park ANALYSIS This Future Land Use Plan FLUP amendment and rezoning application involves two parcels of land approximately 2 60 I acres in area located on the south side of Druid Road approximately 1 300 feet west of U S Highway 19 North The site is currently vacant and has a FLUP classification of ResidentialOffice General R OG and a zoning designation of Office 0 The applicant is requesting to amend the FLUP designation of the site to the Residential Medium RM classification and to rezone it to the Medium Density Residential MDR District in order to construct up to 39 attached dwelling units on the site The current ROG classification allows residential development at the same density as the proposed RM classification 15 units per acre however the 0 zoning district does not permit stand alone residential uses In accordance with the Countywide Plan Rules the FLUP amendment is subject to approval by the Pine lias Planning Council and Board of County Commissioners acting as the Countywide Planning Authority Based on the density of the classification requested review and approval by the Florida Department of Community Affairs is required I CONSISTENCY WITH CITY S COMPREHENSIVE PLAN Section 4 603 F l Recommended Findings of Fact Applicable Goals Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below 2 1 Objective 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 22 1 Policy On a continuing basis the Community Development Code and the site plan approval process shall be utilized in promoting infill development and or planned developments that are compatible 3 0 Goal A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development Staff Report Conununity Development Board April 19 2005 Case LUZ2005 01 001 Page 2 5 1 1 Policy No new development or redevelopment will be permitted which causes the level of City services traffic circulation recreation and open space water sewage treatment garbage collection and drainage to fall below minimum acceptable levels However development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development Recommended Conclusions of Law The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals Objectives or Policies and is consistent with the Clearwater Comprehensive Plan II CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Residential Medium RM category as specified in Section 2 3 32 2 ofthe Countywide Rules is to depict those areas of the County that are now developed or appropriate to be developed 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 The Residential Medium RM category is generally appropriate to locations within or in close proximity to urban activity centers and in areas serving as a transition between less urban and more urban residential and mixed use areas These areas are typically in close proximity to and may have direct access from the arterial and thoroughfare highway network The site is located in close proximity to intensive commercial areas located on Gulf to Bay Boulevard Sam s Club and U S Highway 19 Clearwater Mall It is also located in an area that is primarily developed with residential uses with allowable densities ranging between 7 5 units per acre to 15 units per acre The proposed use of the property for up to 39 attached dwelling units is consistent with the purposes of the Residential Medium RM category which permits attached dwellings up to 15 dwelling units Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan therefore the proposed amendment is consistent with the Countywide Plan III COMPATIBILITY WITH SURROUNDING PROPERTY CHARACTER OF THE CITY NEIGHBORHOOD Section 4 602 F 2 4 603 F3 Recommended Findings of Fact Primarily single family dwellings characterize the immediate area to the north A mobile home park exists immediately to the west Single family homes and another mobile home park exist farther to the west Adjacent to the east is a utility facility To the east of the Florida Power right of way is vacant land designated for medium density residential purposes and there is a mobile home park south of that property The area immediately to the east along U S Highway 19 North has been intensely developed with a variety of non residential uses including vehicle sales and display retail office restaurant etc Staff Report Community Development Board April 19 2005 Case LUZ2005 01001 Page 3 Recommended Conclusions of Law The proposed FLUP designation and rezoning are in character with the overall FLUP and zoning designations in the area They are compatible with surrounding uses and consistent with the character of the immediate surrounding area and neighborhood IV SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact As stated earlier the overall subject site is approximately 2 601 acres in area and is presently vacant Based on a maximum permitted density of 15 units per acre in the existing Residential Office General RlOG and proposed Residential Medium RM categories 39 dwelling units could be potentially constructed on this site Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council s ppe traffic generation guidelines The PPC s traffic generticn rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table Maxnmml Daily Added Potential Trips N A 728 411 317 Maximum PM Peak Hour Added Potential Tri S3 NA 69 39 30 V olume of Druid Road from U S Highway 19 North to 8 025 8753 8 436 317BelcherRoad LOS of Druid Road from U S Highway 19 North to Belcher Road B B B B LOS Level of Service I Based 011 ppe calculations of trips per acre per day for the Residential Office General Future Land Use Category 2 Based on PPC calculations of trips per acre per dav for the Residential Medium Future Land Use Categon 3 Based 011 MPO K factor of 0 095 Source The Rules othe CoulltlH ide Future Lalld Lse Plall Based on the 2003 Pinellas County Metropol itan Planning Organization MPO Level of Service Report the segment of Druid Road from U S Highway 19 North to Belcher Road has a LOS of B The proposed FLUP category will generate less PM Peak Hour traffic on this segment of Druid Road by up to 30 trips that the current FLUP category will not result in the degradation of the existing LOS to the surrounding road network Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer s Manual Staff Report Community Development Board April 19 2005 Case LUZ2005 01001 Page 4 1 Office 1 Ull tripsl noo square feet 56 650 6 4 N A 84 N A s uare feet Pro Single family residential 957 trips dwelling unit 39 373 50 21 63 dwellinlunits Apartments i G3 trips dwelling unit 39 59 JOS 14 70 dwelling units Even though the subject property is vacant and new trips will be generated by the development of the property the proposed pian amendment and rezoning will not result in the degradation of the existing LOS to the surrounding road network Furthermore the City of Clearwater Engineering Department has concluded that the traffic generation associated with the proposed amendment will not exceed one percent of the existing PM Peak hour trips of Druid Road Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment The total miles of fixed route service will not change the subject site is located between two existing transit routes along South Belcher Road west Gulf to Bay Boulevard north and US Highway 19 North east and headways are less than or equal to one hour Water The current FLUP category could use up to 5 665 gallons per day Under the proposed FLUP category water demand could approach approximately 9 750 gallons per day Wastewater The current FLUP category couid produce up to 4 532 gailons per day Under the proposed FLUP category sewer demand could approach approximately 7 800 gallons per day Solid Waste The current Residential Office General FLUP category would result in the production of 153 tons of solid waste per year Under the proposed FLUP category the maximum development of 39 dwelling units could generate 99 tons of solid waste per year Recreation and Open Space As the proposed future land use plan and zoning designations will permit the development of up to 39 dwelling units payment of a Open Space Recreation Land and Recreation Facility impact Staff Report Community Development Board April 19 005 Case LUZ2005 01001 Page 5 fee will be required The amount of this fee is dependent on the number of units actually developed and will be addressed and paid during the site plan review process Recommended Conclusions of Law Based on the fact that the allowable uses of the proposed FLUP designation generally generate the same or less traffic than uses allowed in the existing RIOG category the proposed FLUP amendment and rezoning will not degrade the LOS of the surrounding road network It will also not negatively affect the City s current LOS for water wastewater solid waste disposal or mass transit When the property is to be developed impacts on the City s recreation and open space needs will be addressed through payment of the required recreation impact fees Based on the above findings the proposed FLUP amendment and rezoning does not require nor affect the provision of public services in a negative manner V IMPACT ON NATURAL ENVIRONMENT Section 4 603 F 5 Recommended of Findings of Fact Based on current information no wetlands appear to be located on the subject site however the site is heavily wooded Prior to development of this property site plan approval will be required At that time tree preservation requirements will be addressed and the stormwater management system will be required to meet all City and Southwest Florida Water Management District SWFWMD stormwater management criteria Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan Recommended Conclusions of Law The site is wooded but no wetlands appear to be located on the subject site The natural environment of the site will be protected through the City s tree preservation and stormwater management requirements VI LOCATION OF DISTRICT BOUNDARIES Section 4 602 F 6 Recommended Findings of F act The location of the proposed Medium Density Residential MDR District boundaries is consistent with the boundaries of the subject site The site is rectangular in shape and currently is wooded with no improvements The proposed boundaries are logical and consolidate this site into the appropriate zoning district The proposed MDR District is compatible with the existing MDR District to the north and the Mobile Home Park MHP District to the west 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 VII CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS Sections 2 303 4 602 F l and 2 Recommended Findings of Fact Staff Report Community Development Board April 19 2005 Case LUZ2005 01001 Page 6 II I The existing RlOG Future Land Use Plan category and 0 zoning district permit a variety of office uses at a FAR of 0 50 and an impervious surface ratio ISR of 0 75 The FLUP category also permits residential development at 15 units per acre but the Office zoning district only permits accessory residential development The allowable density and ISR of the proposed RM land use category and MDR zoning district is 15 dwelling units per acre and 0 75 The subject site has a lot width of 400 feet and a lot area of 113 300 square feet It exceeds the minimum lot width requirement of 150 feet and the lot area requirement of 15 000 square feet of the MDR zoning district Recommended Conclusions of Law The proposed use of the subject site is consistent with the uses allowed in the MDR zoning district and the site exceeds minimum lot width and area requirements of the District Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property Transportation concurrency must be met and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the Residential Office General RlOG category to the Residential Medium RM category and a rezoning from the Office 0 District to the Medium Density Residential MDR District for the subject site is requested This 2 601 acre site exceeds the minimum requirements for the proposed use of the property as attached dwellings The neighborhood is characterized by single family residential dwellings to the north and mobile home parks to the southeast and west The proposed future land use plan amendment and rezoning is compatible with the existing neighborhood The proposed Residential Medium RM Future Land Use Plan classification and Medium Density Residential MDR zoning district is consistent with both the City and the Countywide Comprehensive Plans is compatible with the surrounding area does not require nor affect the provision of public services is compatible with the natural environment and is consistent with the development regulations of the City Based on the above analysis the Planning Department recommends the following actions on the request ACTIONS Staff Report Community Development Board April 19 2005 Case LUZ2005 01001 Page 7 a Recommend APPROVAL of the Future Land Use Plan amendment from the Residential Office General ROG Classification to the Residential Medium RM Classification and b Recommend APPROVAL of the rezoning from the Office 0 District to the Medium Density Residential MDR District Prepared by Planning Department staff Mark T Parry Planner III Attachments Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S PIOllllillg DeparfmelltL D B LaJu Lc e AmendmelltsLUZ 2005Lf Z2005 01001 2485 Druid SUIl Group COllsfmctionLUZ2005 01001 Staff Report doc Staff Report Community Development Board April 19 2005 Case LUZ2005 0 1001 Page 8 V iew looking southwest from Druid Road View looking south from Druid View looking southeast from Druid View looking south from Druid View looking south from Druid View looking south from Druid Sun Group Construction Consultants Inc LUZ2005 01001 2485 Druid Road sr u sr n 1 zUffiCCUCERST w I I SHEllEY ST I L S R 60 I I PROJECT SITE i iD D C HUS r UJ 6 BRENTWOOD DR In cri location Map Own e r William L Jacobsen Case LUZ2005 01001 Site 2485 Druid Ro a d 2 601 Land Use Zoning PIN 18 29 16 00000 430 0100 Fro m R O G o C ity 18 29 16 00000 430 0 200 To RM M DR A tl asP age 299B Aerial Map Own e r Willi a m L J a cob s e n Case lUZ2005 01001 Site 2485 Druid Ro a d 2 601 land Use Zoning PIN 18 29 16 00000 430 0100 from R O G o C ity 18 29 16 00000 430 0200 To RM M DR A tl asP age 299B I I J J rZJ6 1 L J rl2 I I U r L I Il I r l I J ILI LJrl 1 I IJ ILl 818 0 ids ILl 8 2 19llL I IIIa5 I ft114 1CJl98 i 1 j 12 1 r L J 91 1 1 91t3 r I I 1 J 101L t 1 1 7p5I1 I Pf 1 ft L l14 1 I J 7j4 1 I I l 0 ILl JS ffi 8l1 I I L Jr Tl I 1 1P15 r r I 1109 I rJetJ J 905 rJ IJ g l LJ CJ 915 Site 2485 Druid Ro a d Willi a m L J a cob s e nOwner Land Use Fro m To R O G RM L1 J II L J r l 1 I 1 1 rl lii r 1 L J J 1 1 r 11 1 1 i 1R tMLJI 7IJ l L J 1 L j L J ll rJ ill1 J 1IJIt r J LJ I I lL 1 J 1 1 1 ll t J L f I LJ J t l J I J IJ I 11LJ LotL1Lf iM LL IIt 11 J r J l ll r J L J1 r I L I l J 1 rl ltlJA t I L 1 c 1 1 1 1 J l l RlOS L I I L J I I Il 1 1 L I I1 L c I 1 J I L11 1 1 IL RU ef82 DRUID RD I L I 1 r L L 1 1 L r l L r r 1 Future Land Use Map Case LUZ2005 01001 Pro p erty Size Acres 2 601 Zoning 18 29 16 00000 430 0100 18 29 16 00000 430 0200PIN o C ity M DR Atiaspage 2998 J O L 1P ri04 Il lOI L t I 7 I 1rJ I J I 7P8 J fJf 1 1 1 1 p3 I I l oJ 111 I I J 7j1 I I I l 1 r 11 L I J r rIII I I I L rl 1 1 r 1 L J r l L 1 1 r L L I L 1 l r l llJl 1 J l L J L J r l rJll 1 J I I I l t I r l I L l L J I I l L J r L j MDRIILJ I I I J l L J 1 j 0 g l 8fl1 i I Corl L CI 1 I l I l l 91J L J l l J 1 I I I 1 LL L f 1 MDRrIJl1lOiJIIJ1l 1 J LII r 1 SDo J 1 l J lII r II L 1 1 1 jf 8 L rl I I L I I I ag r loqJI8j2ILrLoqL1LfLrIII J I UJ I J i16 I jij 15 rJ I J J L I I I r tIrOsJrJIlLJ 1UJ9tYr1 I I J l l l I I I ll hL 1 1lll5 i l 4 fi 1 1 L r l r 1 I r I 905 I J 1998 1 I I J I 1 cr ll I I I I L l J rl913II912rhJJI r I I r CJ L J I I L J lI IJ r 917 916 915 I l I L J J 1000 OS R Zoning Map Own e r Willi a m L J a cob s e n Case lUZ2005 01001 Site 2485 Druid Ro a d 2 601 land Use Zoning PIN 18 29 16 00000 430 0100 From RIO G o C ity 18 29 16 00000 430 0200 To RM M DR A tl asP age 299B q r lII IH 1 1 1 r J I Ilo 1 r L 1 1 r 1 r I 1 r 11SJ 10fL t I I fJ3 I I L J LU 1 1 J 7jI r 1 I r l q S QLIJ 821 1 I L Jr J l1 I 1lu5 r 1I Iiog 1 I 1 1 r L 1 L 1 1 L J 1 I 1 l 1 Mubile r 1 r a@ie Pald t l 1 1 L 1 l I J l L 11 J I lL J L J 0 C l J l 1 1 il lL r hL 1 It J r 1 1 r I I LII 9 I i 1 905 1 J 115 J 908 I11I1 I 1 1 L II J L rJ 1111ILI1rlL I 9U 1 112 rho1 J 1 r r r 1 1 I r 1 1 J r CJ L J L J J 1 1 L J I J IJ1I r 917 918 915 I I r 1 I L J J 1000 J I 1 l t J J r 1 r I I I L rl IJ 1 L f 1LI r If I J l L j L J 1 rJlLII r I r I 1 l j I I L 1 1 1 ll iJ L f 1 1 J 1 l 1 r 1 J 1 J L IJ r 1 L J J r 11LILI obUArI L L OQ tl DRUID RD J 1LI 11 1 11 L C I L r 2479 Existing Surrounding Uses f1 ap Own e r Willia m l Jacobsen Case lUZ2005 01001 Site 2485 Druid Ro a d 2 601 land Use Zoning PIN 18 29 1 6 00000 430 0100 Fro m R O G o C ity 18 29 1 6 00000 430 0200 To RM M DR A tl asP age 2998 PLI N1 City Council 1 5 enda Cover Memorandum Trackina Number 1 309 Actual Date 05 19 2005 Subiect Recommendation Approve the Future Land Use Plan Amendment from the Recreation Open Space R OS category to the Residential Urban RU category and the Zoning Atlas Amendment from the Open Space Recreation OS R District to the Medium Density Residential MDR District and a Development Agreement between Executive Corporation of Clearwater Incorporated and the City of Clearwater for property located at 2506 Countryside Boulevard consisting of a portion of Sections 30 and 31 Township 28 South Range 16 East and Pass Ordinance 7359 05 and 7360 05 to amend the Future Land Use Plan Map and Zoning Atlas on first reading and Pass Resolution No 05 15 to approve the Development Agreement for this property Summary The subject site is comprised of one parcel of land 44 2 acres in area It is located at the northwest corner of the Countryside Boulevard and Enterprise Road intersection The applicant is requesting to amend the Future Land Use Plan Map designation for the parcel from Recreation Open Space R OS to Residential Urban RU and to rezone it from the Open Space Recreation OS R District to the Medium Density Residential MDR District in order to construct attached dwelling The proposed future land use plan category would permit up to 331 dwelling units to be developed on the site however the applicant is jiOposing to limit the number of units to 280 through a development agreement DVA2004 00004 The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan The proposed use is compatible with the surrounding area Sufficient public facilities are available to serve the property The applications will not have an adverse impact on the natural environment Please refer to the attached future land use plan amendment and rezoning LUZ2004 08005 report for the complete staff analysis In accordance with the Countywide Plan Rules the future land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority Due to the size of the plan amendment site review and approval by the Florida Department of Community Affairs is also required The applicant is requesting approval of a Development Agreemeltinconjunction with the proposed future land use plan amendment which limits the use of the property to 280 residential units The proposed agreement includes a conceptual site plan and architectural elevations limits building heights to 35 feet and provides a landscape buffer along the western side of the property Please refer to the attached development agreement DVA2004 00004 staff report for the complete analysis The Planning Department determined that the proposed Development Agreement is consistent with the City s Comprehensive Plan The Community Development Board reviewed these applications at its public hearing on April 19 2005 and unanimously recommended approval of all applications There was significant public comment at the public hearing with the majority of comments focused on buffering loss of recreation space and traffic issues City Council enda Cover Memorandum Originating Planning Section Quasi judicial public hearings Category Annexations Land Use Plan and Zoning Number of Hard CODies attached 0 Public Hearing Yes Advertised Dates 04 04 2005 Financiallnfnrmatinn Purchase Review Approval Gina Clavton Gina Clayton 04 25 2005 12 27 53 05 02 2005 11 27 25 05 09 2005 17 08 43 04 27 2005 14 01 17 05 04 2005 09 1 22 05 10 2005 07 56 33 04 27 2005 14 25 30 05 10 2005 08 12 02 Lp lip DOIIOilIl Siclpc Garry Brumback Michael Delk Gina Clavton Bill Horne Cyndie Goudeau ORDINANCE NO 7359 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF COUNTRYSIDE BOULEVARD AND ENTERPRISE ROAD INTERSECTION COf JSISTING OF A PORTION OF SECTIONS 30 AND 31 TOWNSHIP 28 SOUTH RANGE 16 EAST WHOSE POST OFFICE ADDRESS IS 2506 COUNTRYSIDE BOULEVARD FROM RECREATION OPEN SPACE TO RESIDENTIAL URBAN 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 See attach legal description LUZ2004 08005 Land Use Cateqory From Recreation Open Space To Residential Urban Section 2 The City Council does hereby certify that this ordinance is consistent with the City s comprehensive plan Section 3 This ordinance shall take effect immediately upon adoption subject to the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to a determination by the State of Florida as appropriate of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act pursuant to 163 3189 Florida Statutes The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City s Comprehensive Plan as amended by this ordinance PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayoi Approved as to form Attest Cynthia E Goudeau City Clerk Leslie K Dougall Sides Assistant City Attorney Ordinance No 7359 05 ORDINANCE NO 7360 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY AT THE NORTHWEST CORNER OF COUNTRYSIDE BOULEVARD AND ENTERPRISE ROAD INTERSECTION CONSISTING OF A PORTION OF SECTIONS 30 AND 31 TOWNSHIP 28 SOUTH RANGE 16 EAST WHOSE POST OFFICE ADDRESS IS 2506 COUNTRYSIDE BOULEVARD FROM OPEN SPACE RECREATION OS R TO MEDIUM DENSITY RESIDENTIAL MDR PROVIDING AN EFFECTIVE DATE WHEREAS the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonabie 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 Zoninq District See attached legal description LUZ2004 08005 From Open Space Recreation O SR To Medium Density Residential MDR 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 7359 05 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 9163 3189 Florida Statutes PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Leslie K Dougall Sides Assistant City Attorney Cynthia E Goudeau City Clerk Ordinance No 7360 05 RESOLUTION NO 05 15 A RESOLUTION OF THE CITY OF CLEARWATER FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND EXECUTIVE CORPORATION OF CLEARWATER INC PROVIDiNG AN EFFECTIVE DATE W HER E AS the City of Clearwater is desirous of entering into a development agreement with Executive Corporation of Clearwater Inc now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA Section 1 The Development Agreement between the City of Clearwater and Executive Corporation of Clearwater Inc a copy of which is attached as Exhibit A is hereby approved Section 2 Th s resolution shall take effect immediately upon adoption PASSED AND ADOPTED this day of 2005 Frank V Hibbard Mayor Approved as to form Attest Leslie K Dougall Sides Assistant City Attorney Cynthia E Goudeau City Clerk Resolution No 05 15 RE q 5 CDB Meeting Date April 19 2005 Case Number LUZ2004 08005 Agenda Item D3 CITY OF CLEARWATER PLANNING DEPARTMENT REVISED STAFF REPORT BACKGROUND INFORMATION OWNERAPPLICANT Executive Corporation of Clearwater Incorporated REPRESENTATIVE Timothy A Johnson Johnson Pope Bokor Ruppel Burns LLP LOCATION 2506 Countryside Boulevard REQUEST a Land Use Plan amendment from the RecreationOpen Space RlOS Classification to the Residential Urban RU Classification and b Rezoning from the Open SpaceRecreation 0SIR District to the Medium Density Residential MDR District SITE INFORMATION PROPERTY SIZE 1 925 352 square feet or 44 2 acres 2 817 feet wide by 2 703 feet deep PROPERTY USE Current Use Proposed Use Outdoor recreationentertainment and clubhouse restaurant Multi family residential PLAN CATEGORY Current Category Proposed Category RecreationOpen Space RlOS Residential Urban RU ZONING DISTRICT Current District Proposed District Open SpaceRecreation OSR Medium Density Residential MDR Staff Report Community Development Board March 15 2005 Case LUZ2004 08005 Revised for City Council May 19 2005 Page 1 EXISTING SURROUNDING USES North Place of worship assisted living facility and vehicle sales display uses South Single family residential and park East Light industrial and office West Single family and multi family residential ANALYSIS This Future Land Use Plan FLUP amendment and rezoning application involves one 1 parcel of land approximately 442 acres in area located at the northwest comer of the Countryside Boulevard and Enterprise Road intersection The site currently functions as the Clearwater Executive Golf Course and includes the course s clubhouse Dogwater Cafe The site has an existing FLUP designation of RecreationOpen Space RlOS and a zoning designation of Open SpaceRecreation OSR The applicant is requesting to amend the FLUP designation of the site to the Residential Urban RU classification and to rezone it to the Medium Density Residential MDR District in order to permit the development of attached dwellings A proposed development agreement between the applicant and the City is also associated with this site that limits the number of developable residential units on the site to 280 dwelling units 331 units allowed pursuant to the RU Plan designation limits the building heights to 35 feet and requires increased buffering and landscaping between the existing residential units to the west and the proposed units within the site see Case No DV A2004 00004 agenda item D5 for complete analysis In accordance with the Countywide Plan Rules the future land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority Based on the acreage involved in this plan amendment review and approval by the Florida Department of Community Affairs is also required I CONSISTENCY WITH CITY S COMPREHENSIVE PLAN Section 4 603 F l Applicable Goals Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below 22 Objective 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 22 1 Policy On a continuing basis the Community Development Code and the site plan approval process shall be utilized in promoting infill development and or planned developments that are compatible 3 0 Goal A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development Staff Report Community Development Board March 15 2005 Case LUZ2004 08005 Revised for City Council May 19 2005 Page 2 5 1 1 Policy No new development or redevelopment will be permitted which causes the level of City services traffic circulation recreation and open space water sewage treatment garbage collection and drainage to fall below minimum acceptable levels However development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals Objectives or Policies and is consistent with the Clearwater Comprehensive Plan II CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential Low RU category as specified in Section 23 3 1 5 of the Countywide Rules is to depict those areas of the County that are now developed or appropriate to be developed in an urban low density residential manner and to recognize such areas as primarily well suited for residential uses that are consistent with the urban qualities and natural resource characteristics of such areas Residential is the primary use in this plan category up to a maximum of seven and a half 7 5 dwelling units per acre Secondary uses include residential equivalent institutional transportation utility public educational facility ancillary non residential recreationopen space This category is generally appropriate to locations removed from but in close proximity to urban activity centers in areas where use and development characteristics are urban residential in nature and in areas serving as a transition between more suburban and more urban residential areas These areas are generally served by and accessed from minor and collector roadways which connect to the arterial and thoroughfare highway network The requested future land use plan category is appropriately located due to its close proximity to an urban activity center Countryside MallCountryside Shoppes and its adjacency with similar low to medium density residential uses The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan III COMPATIBILITY WITH SURROUNDING PROPERTY CHARACTER OF THE CITY NEIGHBORHOOD Section 4 602 F2 4 603 F 3 Single family dwellings and a park characterize the immediate area to the south while a mix of single family and multi family dwellings are located to the west Light industrial uses abut a small area of the site to the east Uses located across Enterprise Boulevard to the east include office and retail The area immediately adjacent to the north of the site fronting SR 580 has been developed with a place of worship and assisted living facility A vehicle sales and display use also abuts a very small area of the site s northern boundary The north side of SR 580 is characterized by more intensive uses including retail and restaurant Staff Report Community Development Board March 15 2005 Case LUZ2004 08005 Revised for City Council May 19 2005 Page 3 Residential Urban RU and Residential Medium RM future land use classifications exist to the west with Residential Urban RU and RecreationOpen Space RlOS located south of the site The Commercial General CG ResidentialOffice General RlOG and Industrial Limited IL classifications are found to the east of the property Institutional INS and Residential High RR classifications are situated to the north of the site The proposed FLUP and zoning designations will allow residential development at a density and scale that is consistent with the residential development patterns in the vicinity of the site The proposed FLUP amendment and rezoning is compatible with the surrounding areas and will allow development that is in character with the surrounding area IV SUFFICIENCY OF PUBLIC FACILITIES As stated earlier the overall subject site is approximately 442 acres in area and is presently occupied by the Clearwater Executive Golf Course and the course s clubhouse The Dogwater Cafe The current future land use category and zoning designation only permits open space and or recreational uses and structures that support these uses at a 025 floor area ratio FAR The allowable development potential in the requested Residential Urban RU category is seven and one half 7 5 dwellings units per acre which would allow 331 dwelling units to be constructed on this site As stated earlier the applicant is proposing to limit development to 280 attached units townhomes through a development agreement Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pine lIas Planning Council s PPC traffic generation guidelines The PPC s traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the table below The subject site is proposed to have direct access to Countryside Boulevard Belcher Road and Enterprise Road According to the traffic analysis submitted by the applicant and approved by the City s Engineering Department potential traffic generation will be distributed among the three roadways in the following manner 55 of the trips will be distributed to Countryside Boulevard 15 of the trips will be distributed to Belcher Road and 30 of the trips will be distributed to Enterprise Boulevard Staff Report Community Development Board March 15 2005 Case LUZ2004 08005 Revised for City Council May 19 2005 Page 4 Volume of Countryside Blvd from US 19 to Belcher 22 149 22 326 23 851 1 702 Road 55 oftrip distribution LOS of Countryside Blvd from US 19 to Belcher Road C C C C Volume of Belcher Rd from Countryside Blvd to SR580 18 853 N A 19 317 464 15 of trip distribution LOS of Belcher Rd from Countryside Blvd to SR580 BID BID BID BID Volume of Enterprise Rd from Countryside Blvd to 2 104 N A 3 032 928SR58030oftripdistribution LOS of Enterprise Rd from Countryside Blvd to SR580 B B B B N A Not A licable LOS Level of Service I Based on PPC calculations of 4 trips per day per acre for the Recreation Open Space Future Land Use 2 Based on PPC calculations of 70 trips per day per acre for the Residential Urban Future Land Use Category 3 Based on MPO K factor of 0 095 Based on the 2003 Pinellas County Metropolitan Planning Organization MPO Level of Service LOS Report the segment of Countryside Boulevard from US 19 to Belcher Road has a LOS C two segments of Belcher Road from SR 580 to Countryside Boulevard have a LOS Band D and the LOS for the segment of Enterprise Road from SR 580 to Countryside Boulevard is not provided by the MPO The traffic analysis prepared by the applicant and accepted by the City identified a LOS B for this segment The proposed FLUP category could generate an increase in PM Peak Hour traffic on these three roadway segments by a total of 294 trips As required by the City s Comprehensive Plan all affected roadway segments and intersections must maintain a LOS D Any impacts generated by the proposed development degrading the LOS below the acceptable level will require mitigation at the expense of the applicant A traffic analysis was prepared by the applicant based on a methodology approved by the City s Engineering Department The traffic analysis identified that the roadway segments of the surrounding road network and all but one of the surrounding intersections would not be degraded below the acceptable level of service The intersection at Enterprise Boulevard and SR 580 is currently operating at a LOS F and will require mitigation to upgrade it to an acceptable level of service and meet the City s concurrency standards To mitigate the impacts to the deficient intersection the applicant has agreed to eliminate the left turn movement currently available to motorists at the northbound approach of the Enterprise RoadlSR 580 intersection The reconfigured intersection would provide a channelized right turn only movement which will eliminate the existing left turn movement thereby removing the queuing and vehicle conflict point that currently exists when motorists attempt to travel west on SR 580 from Enterprise Road The City s Engineering Department has reviewed the traffic analysis and the proposed Staff Report Community Development Board March 15 2005 Case LUZ2004 08005 Revised for City Council May 19 2005 Page 5 improvements to the Enterprise RoadlSR 580 intersection and is in agreement with that the proposed mitigation will upgrade the intersection to an acceptable LOS Specific uses existing and proposed zoning districts have also been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer s Manual 6th Edition Existing Zoning Future Land Use Plan Existing Use Golf Course 430 35 74 tri sHole 18 Holes 643 N A 64 N A Proposed Zoning Future Land Use Plan 331 units 1 939 1 296 178 114 331 units 3 167 2 524 337 273 Permitted Use through Proposed Development Agreement DVA2004 00004 280 1 640 997 151 87 It has been determined that the transportation impacts associated with this land use amendment will further degrade the already deficient LOS of the unsignalized Enterprise RoadlSR 580 intersection As detailed above the City of Clearwater Engineering Department has accepted a mitigation plan submitted by the applicant that will reconfigure the intersection to prohibit west bound turn movements at the intersection of Enterprise Road and SR 580 Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment The total miles of fixed route service will not change the subject site is located along an existing transit route and headways are less than or equal to one hour Pinellas Suncoast Transit Authority PSTA bus service is available along Countryside Boulevard Belcher Road State Road 580 and US Highway 19 North Staff Report Community Development Board March 15 2005 Case LUZ2004 08005 Revised for City Council May 19 2005 Page 6 Water The current FLUP category could use up to 100 000 gallons of potable water per day standard identified by the United States Golf Association Under the proposed FLUP category water demand could approach approximately 82 750 gallons per day It should be noted that the applicant uses well water to maintain the golf course therefore the proposed land use plan amendment will result in an increase in potable water consumption The City of Clearwater Engineering Department has confirmed however that the increase will not negatively affect the City s current LOS for water Wastewater The current FLUP category could produce up to 38 000 gallons per day standard identified by the United States Golf Association Under the proposed FLUP category sewer demand could approach approximately 66 200 gallons per day The City of Clearwater Engineering Department has confirmed that the proposed land use will not negatively affect the City s current LOS for water Solid Waste The current FLUP category could generate 296 tons of solid waste per year Under the proposed FLUP category 839 tons of solid waste could be generated per year The City of Clearwater Solid Waste Department has confirmed that the proposed land use will not negatively affect the City s current LOS for solid waste Recreation and Open Space The proposed future land use plan and zoning designations will permit the development of up to 331 dwelling units however the use of the site is proposed to be limited to only 280 dwelling units per a development agreement case DV A2004 00004 As the site currently operates as a golf course and the proposed use is residential payment of an Open Space Recreation Land and Recreation Facility impact fee will be required The amount of this fee is dependent on the actual number ofunits developed and will be addressed and paid during the site plan review process V IMPACT ON NATURAL ENVIRONMENT Section 4 603 F 5 Prior to development ofthe subject property site plan approval will be required At that time the stormwater management system will be required to meet all City and Southwest Florida Water Management District SWFWMD stormwater management criteria Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan Wetlands are located on the site and during the site plan review process protection measures will be required VI LOCATION OF DISTRICT BOUNDARIES Section 4 602 F 6 Due to the residential nature of the immediate vicinity the location of the proposed Medium Density Residential MDR boundaries are logical and an appropriate classification The MDR boundaries will provide a buffer between the single family area to the west and the commercial areas to the east It will be consistent with the existing Medium Density Residential MDR District to the west and compatible with the Low Medium Density Residential LMDR District Staff Report Community Development Board March IS 2005 Case LUZ2004 08005 Revised for City Council May 19 2005 Page 7 1 to the west and south The district boundaries are appropriately drawn in regard to location and classifications of streets ownership lines and existing improvements VII CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS Sections 2 1001 1 4 602 F 1 and 2 The existing future land use plan category and zoning district does not permit any residential development and only permits accessory structures that serve the primary recreation use at a FAR of 025 The proposed Residential Urban RU land use category and Medium Density Residential MDR District is more intensive and permits a density of7 5 dwelling units per acre and an ISR of 04 The size of the subject site is 1 925 352 square feet or 442 acres in area and would support the development of 331 dwelling units However as indicated earlier in the report the applicant has entered into a Development Agreement DVA2004 00004 to limit the maximum number of dwelling units to 280 The proposed use of this property as attached dwellings is consistent with the uses allowed as part of a Level One Flexible Standard use in the Medium Density Residential MDR zoning district Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property Transportation concurrency must be met and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the RecreationOpen Space RlOS category to the Residential Urban RU category and a rezoning from the Open SpaceRecreation OSR District to the Medium Density Residential MDR District for the subject site is requested This 44 2 acre site exceeds the minimum requirements for the proposed use of the property as attached dwellings The neighborhood is surrounded by single family and multi family residential dwellings to the south and east and a variety of non residential uses to the west and north The proposed future land use plan amendment and rezoning is compatible with the existing neighborhood The use and density of this property is proposed to be limited through a companion development agreement application Case DVA2004 00004 The proposed Residential Urban RU Future Land Use Plan classification and Medium Density Residential MDR zoning district is consistent with both the City and the Countywide Comprehensive Plans is compatible with the surrounding area does not require nor affect the provision of public services is compatible with the natural environment and is consistent with the development regulations ofthe City Based on the above analysis the Planning Department recommends the following actions on the request Staff Report Community Development Board March 15 2005 Case LUZ2004 08005 Revised for City Council May 19 2005 Page 8 ACTIONS a Recommend APPROVAL of the future land use plan amendment from the RecreationOpen Space RIDS Classification to the Residential Urban RU Classification b Recommend APPROVAL of the rezoning from the Open SpaceRecreation OSR District to the Medium Density Residential MDR District Prepared by Planning Department staff Marc A Mariano AICP Consulting Planner Gina L Clayton Assistant Planning Director Attachments Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S Planning Department C D BILand Use Amendments LUZ 2004 LUZ2004 08005 2506 Countyside BlvdExecutive Corp of ClearwaterlRevised LUZ2004 08005 2506 Countryside Blvd stajJreport doc Staff Report Community Development Board March 15 2005 Case LUZ2004 08005 Revised for City Council May 19 2005 Page 9 CDB Meeting Date April 19 2005 Case Number DVA2004 00004 Agenda Item D5 CITY OF CLEARWATER PLANNING DEPARTMENT REVISED STAFF REPORT BACKGROUND INFORMATION APPLICANT REPRESENTATIVE LOCATION REQUEST SITE INFORMATION PROPERTY SIZE PROPERTY USE Current Use Proposed Use PLAN CATEGORY Current Category Proposed Category ZONING DISTRICT Current District Proposed District EXISTING SURROUNDING USES ANALYSIS Executive Corporation of Clearwater Incorporated Timothy A Johnson Johnson Pope Bokor Ruppel Burns LLP 2506 Countryside Boulevard Review of and recommendation to the City Commission on a Development Agreement between Executive Corporation of Clearwater Inc and the City of Clearwater which establishes a limit to the number of developable residential units landscape buffer requirements and building height limitations 1 925 352 square feet or 44 2 acres 2 817 feet wide by 2 703 feet deep Outdoor recreationentertainment and restaurant Multi family residential RecreationOpen Space RIDS Residential Urban RU Open Space Recreation OSR Medium Density Residential MDR North Place of worship assisted living facility and vehicle sales display uses South Single family residential East Light industrial and office West Single family and multi family residential Staff Report Community Development Board March 15 2005 DV A2004 00004 Page 1 Revised for Ciij Ccunci May 19 2005 The subject site consists of one parcel of land 44 l acres in area known as the Countryside Executive Golf Course It is located at the northwest comer of the Countryside Boulevard and Enterprise Road intersection approximately 1 000 feet west of US Highway 19 North The surrounding area is predominantly developed with low medium to medium density residential and office uses Single faiBily dwellings exist to the south and single family and multi family dwellings are found to the west Office and light industrial uses are located to the east while to the north exists a place of worship assisted living facility and vehicle sales display use On December 29 1977 the original developer of the golf course and surrounding residential areas U S Home Corporation recorded a warranty deed that required the subject site to operate as a golf course for a period of 20 years The deed did not restrict the use of the property beyond that timeframe which expired in 1997 The applicant is proposing to redevelop this site with a total of 280 townhomes This proposed development agreement is being submitted in conjunction with applications to amend the future land use plan designation of the site from RecreationOpen Space RlOS to Residential Urban RU and to rezone it from Open Space Recreation OSR to Medium Density Residential MDR which would permit a maximum of 331 residential units see LUZ2004 08005 agenda item D4 for the complete analysis of the future land use plan amendment and rezoning request Development Agreement Request The Development Agreement associated with the 44 2 acre site sets forth public and private obligations to ensure that the proposed development will limit the impact on surrounding areas and is in harmony with the existing surrounding uses and public facilities The development agreement will be in effect for a period of 10 years and requires redevelopment of the site to be consistent with the following requirements 1 Density of the site shall not exceed 280 residential units 2 The property shall be developed substantially in conformance with the Concept Plan submitted as Exhibit B to the Development Agreement 3 Building heights shall be limited to 35 feet 4 The architectural style of the buildings shall be consistent with the rendered drawings submitted as Exhibit C to the Development Agreement 5 A 20 foot landscape buffer shall be provided along the western boundary of the site adjacent to existing residential uses consistent with Exhibit D of the Development Agreement which includes canopy and accent trees placed at various locations along the buffer and a continuous low lying hedge along the entire buffer 6 The applicant must post the required security for traffic improvements to the intersection of Enterprise Road and Main Street SR580 and Countryside Boulevard directly adjacent to the site to mitigate the impacts associated with the proposal These improvements must be constructed prior to obtaining a Certificate of Occupancy for the site 7 The applicant shall grant a utility easement for water service five 5 feet on either side of the water lines on the site 8 Prior to the issuance of a building permit for the site the applicant shall record a deed restriction approved by the City Attorney encumbering the property and describing the development limitations of the Development Agreement Additionally the Development Agreement obligates the City to comply with the following Staff Report Community Development Board March 15 2005 DV A2004 00004 Page 2 Revised for City Council May 19 2005 1 Concurrently process the Future Land Use Plan amendment and rezoning requests see case LUZ2004 08005 submitted by the applicant for the subject site 2 Approve site and construction plans consistent with the City s Comprehensive Plan and the submitted Concept Plan 3 Where possible utilize transportation impact fees paid by the applicant in connection with the proposed development for the design permitting and construction of the transportation improvements required at the intersection of Enterprise Road and Main Street 4 Vacate an easement that relates to two 2 abandoned water well sites found in O R Book 4223 Page 1502 of the Public Records of Pinell as County Florida CONSISTENCY WITH CITY S COMPREHENSIVE PLAN Section 4 606 F The proposed Development Agreement is consistent with and furthers the following goals policies and objectives of the City of Clearwater Comprehensive Plan 2 0 Goal The City of Clearwater shall utilize innovative and flexible planning and engineering practices and urban design standards in order to protect historic resources ensure neighborhood preservation redevelop blighted areas and encourage infill development 2 1 Objective 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 2 2 1 Policy On a continuing basis the Community Development Code and the site plan approval process shall be utilized in promoting infill development and or planned developments that are compatible 24 Objective Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code 3 0 Goal A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development 4 2 Objective All development or redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping tree protection standards of the Community Development Code in order to promote the preservation of existing tree canopies the expansion of that canopy and the overall quality of development within the City 4 2 1 Policy All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code 5 0 Goal 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 exceed the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element Staff Report Community Development Board March 15 2005 DV A2004 00004 Page 3 Revised for City Council May 19 2005 5 1 1 Policy No new development or redevelopment vdll b permitted which causes the level of City services traffic circulation recreation and open space water sewage treatment garbage collection and drainage to fall below minimum acceptable levels However development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development SUMMARY AND RECOMMENDATION The application and supporting materials were reviewed by the Development Review Committee on October 7 2004 December 2 2004 and January 27 2005 The Planning Department recommends APPROVAL of the Development Agreement for the site at 2506 Countryside Boulevard with the following bases Bases for Approval 1 The Development Agreement is consistent with and furthers the goals policies and objectives of the Comprehensive Plan 2 The Development Agreement complies with the standards and criteria of Section 4 606 3 The Development Agreement implements and formalizes the requirements of the Future Land Use Plan Amendment and Rezoning request found in LUZ2004 08005 Prepared by Planning Department Staff Marc A Mariano AICP Consulting Planner ATTACHMENTS Development Agreement Aerial Photograph of Site and Vicinity Location Map Zoning Atlas Map Application S Planning Deparlment C D BIDevelopment A greementsID V A 2004 00004 Countryside Blvd 2506Files prior to inclusion of dogwater ctifeIDV A 2004 000042506 Countryside Blvd STAFF REPOR T doc Staff Report Community Development Board March 15 2005 DV A2004 00004 Page 4 Revised for City Council May 19 2005 L Aerial Photograph Owner Executive Corporation of Clearwater Inc Case LUZ200408005 Site 2506 Countryside Boulevard Property Size Acres 44 2 Land Use Zoning PIN 30 28 16 00000 320 0300 From R OS OS R To RU MDR Atlas Page 221A o III m 1 lo 1 fJ o floR 1 D So l 1 l l2F w O I J I RO L 0 j 1 JuuDL 5 I Ill z J L J U COVINGTON WHITE OAK 1 tD WARWICK Si TULIP TREE w ffii I I I II HMORE 8wFIsJ1111 I 1 WlLLOW TREE TRAIL BAIII 11It t r Ic ClUi OJ 6 FIRST AVE Location Map Owner Executive Corporation of Clearwater Inc Case LUZ2004 08005 Site 2506 Countryside Boulevard Property Size Acres 44 2 Land Use Zoning PIN 30 28 16 00000 320 0300 From R OS OS R To RU MDR Atlas Page 221A Future Land Use Plan Owner Executive Corporation of Clearwater Inc Case LUZ2004 08005 Site 2506 Countryside 80ulevard Property Size Acres 44 2 Land Use Zoning PiN 30 28 16 00000 320 0300 From R OS OS R To RU MDR Atlas Page 221A I L 0 I f I I r l i 1 a Q Q MDR f r 0 f I 0LllDR3 f I I I I fIjJJ1fINfFVl MDR WIrj mtIIIIIf E r 1 1 1tf t r IIIII1 I rCOJi LL I f tl HDR C Q u II MDR sII Y11iJI Zoning Map Owner Executive Corporation of Clearwater Inc Site 2506 Countryside Boulevard Land Use Zoning From R OS OS R To RU MDR Case Property Size Acres f r o T a b MDR 1 I I j LUZ2004 08005 44 2 PIN 30 28 16 00000 320 0300 Atlas Page 221A J f H f J EI lJ 1V i rami II Res den i i E i II i t YI Ir l liT L J IJ IT Z J LEC l ii f I 1 trIII11iF Existing Surrounding Uses II II I II Owner Site From To r IIIIII Retail n I Worship l I I Executive Corporation of Clearwater I Inc 2506 Countryside Boulevard Land Use Zoning R OS OS R RU MDR I rIKetail I IiJ RetanL fa ID Ill II Of ce f acilit f Ietal c 1 P B6i Re ilV i1 v G f t CAl I t3 tUbJUIBTIIIIIIjIIIII I I Case Property Size Acres Of ce IRetal o ce Office u LUZ2004 08005 44 2 PIN 30 28 16 00000 320 0300 Atlas Page 221A l q5 JJI v ISIOfS DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT AGREEMENT is dated 2005 effective as provided in Section 5 of this Agreement and entered into between EXECUTIVE CORPORATION OF CLEARWATER INC a Florida corporation OWNER and the CITY OF CLEARWATER FLORIDA a political subdivision of the State of Florida acting through its City Council COUNCil the governing body thereof CITY R E C IA1 S A 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 B 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 C OWNER owns approximately 44 2 acres m o 1 of real property PROPERTY in the corporate limits of the City more particularly described on Exhibit A attached hereto and incorporated herein D OWNER or its successor desires to develop the Property as a townhome community consisting of not more than 280 units generally conforming to the concept plan CONCEPT PLAN shown on Sheet 1 of 2 on Exhibit B attached hereto and incorporated herein E The PROPERTY currently has a land use designation of Recreation Open Space and is zoned OS R F In order to develop the PROPERTY consisting of 44 2 acres with up to 280 residential units OWNER has requested that the City place the following on the PROPERTY i a land use designation of Residential Urban 7 5 units acre and ii a zoning designation of MDR Medium Density Residential G The CITY and OWNER have determined that it would be mutually beneficial to enter into a development agreement governing the matters set forth herein and have negotiated this AGREEMENT in accordance with the CODE and the ACT H The CITY has found that the terms of and future development orders associated with this AGREEMENT are consistent with the City Comprehensive Plan and the CODE 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 AGREEMENT The above recitals are true and correct and are a part of this 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 is subject to this AGREEMENT SECTION 4 OWNERSHIP The PROPERTY is owned in fee simple by OWNER SECTION 5 EFFECTIVE DATE DuRATION OF THIS AGREEMENT 5 1 This AGREEMENT shall become effective as provided for by the ACT and shall be contingent upon 5 1 1 Obtaining final approval and effectiveness of a land use designation of Residential Urban and a zoning designation of MDR as requested on the PROPERTY and 5 1 2 Conveyance by OWNER of the PROPERTY to Beazer Homes Corp a Tennessee corporation 5 2 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 OWNER 6 1 1 The obligations under this AGREEMENT shall be binding on OWNER its successors or assigns 2 1 6 1 2 At the time of development of the PROPERTY OWNER will submit such applications and documentation as are required by law and shall comply with the City s CODE applicable at the time of development review 6 1 3 PROPERTY The following restrictions shall apply to development of the 6 1 3 1 The PROPERTY shall be developed substantially in conformance with the CONCEPT PLAN The estimated population density and maximum building intensity are shown on the CONCEPT PLAN The locations of the ponds and roads shown on the CONCEPT PLAN are approximate and may change as a result of the requirements of applicable regulatory agencies or other design considerations 6 1 3 2 Building height shall not exceed 35 feet two stories 6 1 3 3 The architectural style of the townhomes to be constructed on the Property shall be substantially as shown on the renderings attached hereto as Exhibit C 6 1 34 The landscape buffering for the westerly side of the Property adjacent to existing residential development shall be substantially as described on Sheet 2 of 2 on Exhibit B Building setbacks shall meet the requirements of the CODE and may be located in whole or in part within the landscape buffer 6 1 3 5 The OWNER shall construct at its cost i a channelized right turn lane to prevent the NB to WB movement and ii an extension of a turn lane on Countryside Blvd as shown on the CONCEPT PLAN and shall post the security therefor as required by CODE 4 606 G 1 e 6 1 3 6 The OWNER shall grant a utility easement for water service five 5 feet on either side of the constructed water lines on the PROPERTY simultaneously with vacation by the CITY of that portion of the easement recorded in O R Book 4223 Page 1502 of the Public Records of Pinellas County Florida that relates to two 2 water well sites that have been abandoned by the CITY 6 1 3 7 The project to be developed on the PROPERTY shall not have vehicular access to Laurelwood Drive 6 1 3 8 On the west side of Enterprise the OWNER shall extend north to the project entrance 400 feet the existing SB to WB right turn lane at the Enterprise Countryside Blvd intersection all at the OWNER S cost 6 1 3 9 The OWNER shall buffer any residential structures located opposite the entrance to the Tampa Bay Water property to the east with a six foot high 3 opaque fence so as to diminish any adverse impact of headlights of vehicles exiting the Tampa Bay Water property 6 14 Prior to issuance of the first building permit for the PROPERTY Owner shall record a deed restriction encumbering the PROPERTY which deed restriction shall be approved as to form by the City Attorney which approval shall not be unreasonably withheld and which will generally describe the development limitations of this AGREEMENT The deed restriction shall be perpetual and may be amended or terminated only with the consent of the CITY which consent shall not be unreasonably withheld 6 2 Obligations of the City 6 2 1 Concurrent with the approval of this AGREEMENT the COUNCIL shall promptly process amendments to the land use plan and zoning designation for the PROPERTY as set forth in Recital F above all in accordance with the CODE 6 2 2 City will approve site and construction plans for the PROPERTY that are consistent with the Comprehensive Plan and the CONCEPT PLAN and that meet the requirements of the CODE 6 2 3 To the maximum extent allowed by law the CITY shall utilize transportation impact fees paid to it by the OWNER in connection with the proposed development for the design permitting and construction of the transportation improvement required at the intersection of State Road 580 and Enterprise to mitigate the transportation impacts of the proposed development 6 24 The City shall consider the vacation of the easements described in Section 6 1 3 6 6 2 5 The final effectiveness of the redesignations referenced in Section 6 2 1 is subject to 6 2 5 1 The provisions of Chapter 125 and 163 Florida Statutes as they may govern such amendments and 6 2 5 2 The expiration of any appeal periods or if an appeal is filed at the conclusion of such appeal 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 4 transportation the concurrency provisions for the proposed development have been met 7 1 Potable water from the CITY 7 2 Sewer service is currently provided by the CITY 7 3 Fire protection from the CITY 74 Drainage facilities for the parcel will be provided by OWNER 7 5 Reclaimed water from the CITY if available 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 84 Certificate s of occupancy SECTION 9 CONSISTENCY The CITY finds that development of the PROPERTY consistent with the terms of this AGREEMENT is consistent with the City Comprehensive Plan SECTION 10 TERMINATION 10 1 If OWNER S obligations set forth in this AGREEMENT are not followed in a timely manner as determined by the City Manager after notice to OWNER and an opportunity to be heard existing permits shall be administratively suspended and issuance of new permits suspended until OWNER has fulfilled its obligations Failure timely to 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 OWNER and an opportunity for OWNER 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 downzoning unit density reduction or intensity reduction unless the CITY has held a public hearing and determined 5 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 OWNER 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 OWNER 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 OWNER Executive Corporation of Clearwater Inc 5260 South Landings Drive Ariel 704 Fort Myers FL 33919 With copy to Timothy A Johnson Jr Esquire Johnson Pope Bokor Ruppel Burns LLP 911 Chestnut St Clearwater FL 33756 If to CITY City Council of City of Clearwater c o City Manager 112 South Osceola Avenue P O Box 4748 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 INTENTIONALLY OMITTED 6 SECTION 15 MINOR NON COMPLIANCE OWNER will not be deemed to have failed to comply with the terms of this AGREEMENT in the event such non compliance in the judgment of the City Administrator reasonably exercised is 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 OWNER includes OWNER S successors or assigns This AGREEMENT was the production of negotiations between representatives for the CITY and OWNER and the language of the Agreement should be given its plain and ordinary meaning and should not be construed against any party hereto 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 7 party thereto 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 notice to the other parties SECTION 22 CODE AMENDMENTS Subsequently adopted ordinances and codes of the CITY which are 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 IN WITNESS WHEREOF the parties have hereto executed this AGREEMENT the date and year first above written End of Substantive Provisions Signature Page to follow 8 WITNESSES Printed Name Printed Name Cou ntersigned Frank V Hibbard Mayor Approved as to form Leslie K Dougall Sides Assistant City Attorney STATE OF FLORIDA CITY OF PINELLAS EXECUTIVE CORPORATION OF CLEARWATER INC a Florida corporation By S Lee Crouch President CITY OF CLEARWATER FLORIDA By William B Horne II Attest Cynthia E Goudeau City Clerk The foregoing instrument was acknowledged before me this 2005 by S Lee Crouch as President of EXECUTIVE CORPORATION OF CLEARWATER INC a Florida corporation on behalf of the corporation who D is personally known to me or who D produced as identification Notary Public Print Name 9 STATE OF FLORIDA CITY OF PINELLAS The foregoing instrument was acknowledged before me this 2005 by Frank V Hibbard as Mayor of the City of Clearwater Florida who D is personally known to me or who D produced identification Notary Public Print Name STATE OF FLORIDA CITY OF PINELLAS The foregoing instrument was acknowledged before me this 2005 by William B Horne II City Manager of the City of Clearwater Florida who D is personally known to me or who D produced identification Notary Public Print Name Exhibits A Legal Description of Property B Concept Plan C Building Elevations D Perimeter Landscape Buffer 05 19 0502 00 PM 45403 108701 326185 v4 Beazer Dev Agt 10 IS L vY S D DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT AGREEMENT is dated 2005 effective as provided in Section 5 of this Agreement and entered into between EXECUTIVE CORPORATION OF CLEARWATER INC a Florida corporation OWNER and the CITY OF CLEARWATER FLORIDA a political subdivision of the State of Florida acting through its City Council COUNCIL the governing body thereof CITY R E C I A 1 s A 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 B 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 C OWNER owns approximately 44 2 acres m o 1 of real property PROPERTY in the corporate limits of the City more particularly described on Exhibit A attached hereto and incorporated herein D OWNER or its successor desires to develop the Property as a townhome community consisting of not more than 280 units generally conforming to the concept plan CONCEPT PLAN shown on Sheet 1 of 2 on Exhibit B attached hereto and incorporated herein E The PROPERTY currently has a land use designation of Recreation Open Space and is zoned OS R F In order to develop the PROPERTY consisting of 44 2 acres with up to 280 residential units OWNER has requested that the City place the following on the PROPERTY i a land use designation of Residential Urban 7 5 units acre and ii a zoning designation of MDR Medium Density Residential G The CITY and OWNER have determined that it would be mutually beneficial to enter into a development agreement governing the matters set forth herein and have negotiated this AGREEMENT in accordance with the CODE and the ACT H The CITY has found that the terms of and future development orders associated with this AGREEMENT are consistent with the City Comprehensive Plan and the CODE 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 AGREEMENT The above recitals are true and correct and are a part of this 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 is subject to this AGREEMENT SECTION 4 OWNERSHIP The PROPERTY is owned in fee simple by OWNER SECTION 5 EFFECTIVE DATE DuRATION OF THIS AGREEMENT 5 1 This AGREEMENT shall become effective as provided for by the ACT and shall be contingent upon 5 1 1 Obtaining final approval and effectiveness of a land use designation of Residential Urban and a zoning designation of MDR as requested on the PROPERTY and 5 1 2 Conveyance by OWNER of the PROPERTY to Beazer Homes Corp a Tennessee corporation 5 2 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 OWNER 6 1 1 The obligations under this AGREEMENT shall be binding on OWNER its successors or assigns 2 6 1 2 At the time of development of the PROPERTY OWNER will submit such applications and documentation as are required by law and shall comply with the City s CODE applicable at the time of development review 6 1 3 PROPERTY The following restrictions shall apply to development of the 6 1 3 1 The PROPERTY shall be developed substantially in conformance with the CONCEPT PLAN The estimated population density and maximum building intensity are shown on the CONCEPT PLAN The locations of the ponds and roads shown on the CONCEPT PLAN are approximate and may change as a result of the requirements of applicable regulatory agencies or other design considerations 6 1 3 2 Building height shall not exceed 35 feet two stories 6 1 3 3 The architectural style of the town homes to be constructed on the Property shall be substantially as shown on the renderings attached hereto as Exhibit C 6 1 34 The landscape buffering for the westerly side of the Property adjacent to existing residential development shall be substantially as described on Sheet 2 of 2 on Exhibit GL attached hereto Building setbacks shall meet the requirements of the CODE and may be located in whole or in part within the landscape buffer 6 1 3 5 The OWNER shall construct at its cost i pylons at the intersection of Enterprise and Main Street a channelized riqht turn lane to prevent the NB to WB movement and ii an extension of a turn lane on Countryside Blvd as shown on the CONCEPT PLAN and shall post the security therefor as required by CODE 4 606 G 1 e 6 1 3 6 The OWNER shall grant a utility easement for water service five 5 feet on either side of the constructed water lines on the PROPERTY simultaneously with vacation by the CITY of that portion of the easement recorded in O R Book 4223 Page 1502 of the Public Records of Pinellas County Florida that relates to two 2 water well sites that have been abandoned by the CITY 6 1 3 7 The project to be developed on the PROPERTY shall not have vehicular access to Laurelwood Drive 6 1 3 8 On the west side of Enterprise the OWNER shall extend north to the project entrance 400 feet the existinq SB to WB riqht turn lane at the Enterprise Countryside Blvd intersection all at the OWNER S cost 3 6 1 3 9 The OWNER shall buffer any residential structures located opposite the entrance to the Tampa Bav Water property to the east with a six foot hiQh opaque fence so as to diminish any adverse impact of headliQhts of vehicles exitinQ the Tampa Bay Water property 6 14 Prior to issuance of the first building permit for the PROPERTY Owner shall record a deed restriction encumbering the PROPERTY which deed restriction shall be approved as to form by the City Attorney which approval shall not be unreasonably withheld and which will generally describe the development limitations of this AGREEMENT The deed restriction shall be perpetual and may be amended or terminated only with the consent of the CITY which consent shall not be unreasonably withheld 6 2 Obligations of the City 6 2 1 Concurrent with the approval of this AGREEMENT the COUNCIL shall promptly process amendments to the land use plan and zoning designation for the PROPERTY as set forth in Recital F above all in accordance with the CODE 6 2 2 City will approve site and construction plans for the PROPERTY that are consistent with the Comprehensive Plan and the CONCEPT PLAN and that meet the requirements of the CODE 6 2 3 To the maximum extent allowed by law the CITY shall utilize transportation impact fees paid to it by the OWNER in connection with the proposed development for the design permitting and construction of the transportation improvement required at the intersection of State Road 580 and Enterprise to mitigate the transportation impacts of the proposed development 6 24 The City shall consider the vacationem the easements described in Section 6 1 3 6 6 2 5 The final effectiveness of the redesignations referenced In Section 6 2 1 is subject to 6 2 5 1 The provIsions of Chapter 125 and 163 Florida Statutes as they may govern such amendments and 6 2 5 2 The expiration of any appeal periods or if an appeal is filed at the conclusion of such appeal 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 4 provIsions applicable at the time of development approval With respect to transportation the concurrency provisions for the proposed development have been met 7 1 Potable water from the CITY 7 2 Sewer service is currently provided by the CITY 7 3 Fire protection from the CITY 74 Drainage facilities for the parcel will be provided by OWNER 7 4 Reclaimed water from the CITY if available 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 84 Certificate s of occupancy SECTION 9 CONSISTENCY The CITY finds that development of the PROPERTY consistent with the terms of this AGREEMENT is consistent with the City Comprehensive Plan SECTION 10 TERMINATION 10 1 If OWNER S obligations set forth in this AGREEMENT are not followed in a timely manner as determined by the City Manager after notice to OWNER and an opportunity to be heard existing permits shall be administratively suspended and issuance of new permits suspended until OWNER has fulfilled its obligations Failure timely to 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 OWNER and an opportunity for OWNER to be heard 5 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 downzoning 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 OWNER 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 OWNER 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 OWNER Executive Corporation of Clearwater Inc 5260 South Landings Drive Ariel 704 Fort Myers FL 33919 With copy to Timothy A Johnson Jr Esquire Johnson Pope Bokor Ruppel Burns LLP 911 Chestnut S1 Clearwater FL 33756 If to CITY City Council of City of Clearwater c o City Manager 112 South Osceola Avenue P O Box 4748 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 6 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 INTENTIONALLY OMITTED SECTION 15 MINOR NON COMPLIANCE OWNER will not be deemed to have failed to comply with the terms of this AGREEMENT in the event such non compliance in the judgment of the City Administrator reasonably exercised is 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 singularshallincludethepluralandpluralshallincludethesingularandanyreferenceinthis AGREEMENT to OWNER includes OWNER S successors or assigns This AGREEMENT was the production of negotiations between representatives for the CITY and OWNER and the language of the Agreement should be given its plain and ordinary meaning and should not be construed against any party hereto 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 7 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 thereto 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 notice to the other parties SECTION 22 CODE AMENDMENTS Subsequently adopted ordinances and codes of the CITY which are 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 counterpartsallofwhichtogethershallcontinueoneandthesameinstrument IN WITNESS WHEREOF the parties have hereto executed this AGREEMENT the date and year first above written End of Substantive Provisions Signature Page to follow 8 WITNESSES Printed Name Printed Name Countersigned Frank V Hibbard Mayor Approved as to form Leslie K Dougall Sides Assistant City Attorney STATE OF FLORIDA CITY OF PINELLAS EXECUTIVE CORPORATION OF CLEARWATER INC a Florida corporation By S Lee Crouch President CITY OF CLEARWATER FLORIDA By William B Horne II Attest Cynthia E Goudeau City Clerk The foregoing instrument was acknowledged before me this 2005 by S Lee Crouch as President of EXECUTIVE CORPORATION OF CLEARWATER INC a Florida corporation on behalf of the corporation who D is personally known to me or who D produced as identification Notary Public Print Name 9 STATE OF FLORIDA CITY OF PINELLAS The foregoing instrument was acknowledged before me this 2005 by Frank V Hibbard as Mayor of the City of Clearwater Florida who D is personally known to me or who D produced identification Notary Public Print Name STATE OF FLORIDA CITY OF PINELLAS The foregoing instrument was acknowledged before me this 2005 by William B Horne II City Manager of the City of Clearwater Florida who D is personally known to me or who D produced identification Notary Public Print Name Exhibits A Legal Description of Property B Concept Plan C Building Elevations D Perimeter Landscape Buffer 05 19 05 0419 PM05 19 0510 12AM05 171051102AM04 22 051247PM04 22 0512A6PM 45403 108701 326185 v4 Beazer Dev Agt 10 i f ii b e jj Jself t i os os lI1 1lIIos Q C EWlg lll 11 11 C C 11j J J r il j il a r r C 1l 1l 1 188 E E g g Q Z CQ rn1SJj OQQ E 1 I J or I i H i i I t t HHt 8 t 1IUSIIllllJ0IJjlit1liU1iH1iifitH1i1JJ i 1iI Eo8N IH l 1 1 2 j I ijJ1it i HtjJUJi e IOlll ilHtfhiiIt i H2 j HPll t Hu HJiil8 1 Hj fjjifiUrtllii1 JlCl s l l lI 11 tj I E4 J zurIl OE4 U 1 urIl lzs00 Z u Z J o u I t 1Jili ihni Ii 0illHIII III rA iI 1 011 r i i lH eoiti J tIL H sa Ol o i e 8 j h j a 0 a 1 e l 8 a eEl H I oill Ill i j l Hi c 8 8 i i g8 t U II 1111 i f 1 II i 11 l tnU is1 i I I I oo I I JZ 3 00u 8 E4 o e o I lu O l u E4 BE4 Z l Q E4oo J h E4U of e I 8 I ZZ I U I JO t i 0 OU I I J 0 e I j l J I u il t j Ll II t I l r d1 1 II i 1 jL 1 i1 II5 T I n i i I z 3 a I i 1 e o I a illII I I May 17 2005 4 58PM 2535 Landmark Drive Suite 211 CleoN oter Fl33761 3930 Phone 727 796 2355 Fax 727791 2388 SunCom 5137010 TAMPA WNWtampcbcywcter org BAye WATER SuPplyinlWiler To ThIIWgIon No 0787 P 1 q S Fox Cover Sheet To Company Timothy A Johnson Jr Esq Johnson Pope Bokor Ruppd Buttls lLP Fax Number 462 0365 From Paula Dye Chief Environmental Planner Re LUZ 200408005 and DVA 200400004 Number otPages including cover 3 Date Sent 5 17 05 Time Sent 4 55 PM If there are any problems receiving this transmission please call Cheryl Vcccllio at 727 791 2310 Tampa Bay Water Fax Numbers Clearwater Office 727 791 2388 Engineering Projects 727 791 2340 Finance 727 669 1848 Human Resources 727 791 2339 Records 727 724 8413 Cypress Creek Administration8139294537 Cypress Creek Operations813 929 4558 Facilities Management813 9294578 Construction Mmagement 813 740 4030 Purchasicg u t t t HI UI 813 929 4544 Confidentiality Note The information contained in this facsimile message may be legally privileged and confidential and intended only for the use of the individual or entity awned above If the teader of this n1e s is not the intended recipient you are hereby notified that my dissemination distribution duplica lion or copyjng of this telecopy i strictly prohibited Ifyou have IClcivcd this tdctopy in CIIOI please lmediately notify us by calling collect 127 796 2355 lUld retum the original message to us at the address above by the United States Postal Senicc Thank You May 17 2005 4 58PM No 0787 P 2 TAMPA BAye WATER SuPll inO Waler To11Ie Reaicln bill d DJRlCICITeelSchtodet SUSO Latvolo Rid Bakel M Hildebrimd Pam lorio Mark Shcupe Robert Stewatl Rondo Stotllli Don Tiplo General Manager letL Mclwell Getletol COIlIWI DonQld D Qnn 2035 LQndmgrk Drive Sufte 211 OearwCller FL 337613930 Phone n7 796 2355 I Fox 727 7912388 Su Com 513 7010 wwwtampabaywaler arg VIA FAX AND U S MAIL May 17 2005 Mr Michael Delk Planning Director City of Clearwater Planning Departtnent P O Box 4748 Clearwatex F1 33758 4748 Re LUZ 200408005 and DVA 200400004 Dear Mr Delk Tampa Bay Waters administrative offices are currendy Wldcr consttuction at 2575 Enterprise Roa immediately across from the proposed development We expect to tnove into the building this sununer Tampa Bay Water is a govemmental agency that provides drinking water to our six tnettlber gove1ntnents which are the cities of New Port Richey St PetetSburg and Tampa end the counties of Pinellas Hillsborough and Pasco Tampa Bay Water appeared at the April 19 2005 Cotntnunity Devdoptnent Board meeting was gtanted party status and provided testitnony regarding its objections to the proposed devdopment At that titne Tampa Bay Water s objections focused on concettls that the proposed development would not be compatible with sun ounding conunttcW industrial and office uses without some modifications The aleas of incompatibility identified by Tattlpa Bay Watex included buffering from surrounding uses landscaping and traffic i1npacts particulatly at the intersection of Entetprise Road and Countryside Boulevard Following the Cotntnunity Development Board tneeting Tampa Bay Water stafftnet with the develope to discuss 011 concerns The developer has agreed to add two provisions to the proposed Development Agreement that address and ameliorate Tatnpa Bay Water s concetns These provisions are found in paragraphs 6 13 8 and 6 13 9 end they commit the developer to 1 extending a ttavellane turo lane from the planned location of the driveway on EnteJPrise Road to the intersection with T SaitPIan DYELud UIi Reviews QeA1IVlIrer Lettet to City CoIlnQl doc In May 17 2005 4 58PM Mr Michael Delk May 17 2005 Page 2 No 0787 P 3 Couottyside Boulevard and 2 installing a six foot opaque fence opposite Tampa Bay Water s driveway in order to buffet residences from vehicle lights With these modifications to the proposed Development Agreement Tampa Bay Water has no objections to the proposed development and we concur in the staff recommendation for approval Paula Dye AICP Chief EnvttOl11I1e11tal Planner xc Tim Johnso Esquire Steven E Gattttn Beazer Homes T StlU 11AA DR IandTJlC RcvUws C1cuwatcrLetter to Citv CounciLdoc E Q 5 TO FROM DATE The Elected Officials of City of Clearwater and Pinellas County Residents of Laurelwood Village Condominiums May 16 2005 RE Re development of Countryside Executive Golf Course Pinellas County We the undersigned residents of Laurelwood Village Condominiums submit this as our opposition of the redevelopment of the property at 2506 Countryside Blvd Parcel 30 28 16 00000 320 0300 At a recent Economic Development and Redevelopment Summit held by Pinellas by Design we learned that Pinellas County is dangerously heading toward build out Why must we follow in the path of cities such as Toledo Ohio where build out has occurred Where all is left are empty buildings and blighted neighborhoods where families and industry once prospered That is supported by Reid Ewing a research professor at the National Center for Smart Growth at the University of Maryland and who once worked for the state of Florida and I quote Urban sprawl stresses the regional transportation systems harms air quality and public health and sacrifices land to low density development growth management in Florida has not been very successful In the same article Randal Holcombe Florida state university economics professor and member of Gov Bush s council of economic advisors states a bunch of 240 000 condos won t do much to help the average Florida family Both are from an article in the St Pete Times April 1 st 2005 Also some conventional anti sprawl thinkers say that rampant lowdensity development left unchecked will eventually turn any metro area into a grotesque 24 hour gridlock Think Los Angeles or Pinellas County in 2010 If this happens Pinellas County will lose its most valuable asset Tourism Visitors will not want to come to a city or county that has no future only build out and no green space This city does not need more quarter million dollar condominiums This city needs to plan for the present and future residents of Clearwater by keeping our near extinct green space and redeveloping existing parcels to attract new business and residents The Countryside Executive Golf Course is utilized by hundreds of area residents and visitors every week However the management company states that they are losing money Since they took over three years ago very little money or effort to upgrade the course has been done The golf course is not pristine it could be if the effort was made thus garnering more profitForexampletheClearwaterExecutivecourseneartheAirportIandmanyotherresidents agree that the owner and management company has let the property fail for the purpose of this proposed condominium development The traffic study that was done for the redevelopment is very deceiving It was done on or about August 11th 2004 The study has 5500 6000 vehicles daily passing through the Belcher and 580IMain Street intersection At that time of year the study does not reflect the true peaktrafficperiodwhentouristandseasonalresidentsareusingourstreetsThatnumbereQuid climb to approximately 1600 additional vehicles dally during peak months The addition of 280 more condominium units will correlate into at least another 580 vehicles on the alreadycongestedroadwaysAccordingtotheMetropolitanPlanningOrganizationinanarticleinthe Elected Officials May 16 2005 Page Two 81 Petersburg Times on February 22 2005 over 35 500 cars already pass on R1 580 now between Belcher and McMullen Booth every day during the school year going to Countryside High where the children of this development would attend Two children have already been seriously hurt there are there more to come If the development comes to pass what will happen to the animals and birds that live in this area Their natural habitat destroyed wildlife again is left to find other places to survive The proof is in the headlines of again the 81 Pete Times February 27th Wildlife corridor plan fades away March 23rd Decision clears way for gas station and store and crowded skies for eagles as they fight to the death for crowded skies and March 30th Eagles nest may not halt drugstore If you are familiar with this area you know that there is nowhere else for them to go There also are no other green space or recreation areas within three miles for the children of this new community to go to play This and the idea of losing more trees and flora that provide clean air for all of the County s residents should be reason enough for concern How is the City and County planning on supplying more and more residents with quality water and sewer service We are still being told to conserve bound by water restrictions What are to become of the wells on the property that prOVide a percentage of the water to Clearwater There is no guarantee that those will not collapse upon development With reclaimed water in only a few areas in the county is there enough to keep what little grass and trees alive The Village on the Green area including Laurelwood Village is at a lower grade than golf course parcel making drainage a major prOblem to our homes The homes in this area are middle income single family homes or retirement community The proposed condominiums are supposedly going to sell for 300 000 to 500 000 dollars Thus rendering the property value on our modest one and two bedroom homes almost 1 2 of what they are now With our property value going down the County and the City would not see any increase in tax revenue regardless of the proposed condominiums worth In summary if the Countryside Executive Golf Course were to be redeveloped it would have a serious negative impact on our neighborhood and surrounding area Residents of Laurelwood Village Condominiums Elected Officials March 9 2005 Page Three RESIDENT S NAME v c 1fuL Z Y c RESIDENT S ADDRESS t7 C R 4lO0t p z L 6 L f l itJQD j f12 C tL lfL J cffz e J iJt Ie tf7 A 3 pY6t J Y r fit L f69B 0 ip 3 ilV L W d1Y I 1f J t LalA y e IfA 0 d o rc 0 jjtj J o o cdo 02q j a Cl u CH7 LJ c 9d F ArJu rLv tlcJD 1H i OOit Nevk Dr I Ejected Officials March 9 2005 Page Four RESIDENT S NAME RESIDENT S ADDRESS z48E 1 lOlA 2484 F LAuEIVJ jRtJ 1 r f d L l 1 r t 0 LIf4ifCLvlJId Z II I t t l 1 tO A 2276 O r Ze c2f5 F 94 6aJt7lie1 7 tP 2 Z 1c 6 s dbDP Elected Officials March 9 2005 Page Five @IfOIf 1 11 t t l J l U k JCt2VI coAlICL J RESIDENT S ADDRESS cJ F 0 rC1Af1 7 t J J G I AlEck i RESIDENT S NAME OlK AeG lJe JJ J7 6 JJ Ie u 7C 0 11 k tJ C c g J rll fI 4lJiff JLuO Daniel Hickey Apt D 2468 Laurelwood Dr Clearwater FL 33763 1555 L lD 3 e cj Dr b DM kC0ne Cueq 2x i3 ftpg L 05 19 2005 THU 10 41 3 f FAX 727 848 3648 002 008 ORIDA DESIGN CONSlIlTANTS me X 7 J Civil Engineering Surveying Transponation Planning Engineering Land Planning EnwOnmenl2l landscape Archillctm Lc26000206August62004 Mr Steven E Gamm Director ofLand Development Tampa Division Beazer Homes 2630 South Falkenberg Road Riverview FL 33569 Re Countryside Executive Golf Course Dear Mr Gamm Florida Design Consultants Inc IDe has conducted surveys of the above referenced property in order to determine the likely occurrence and relative abundance of spCcies listed as Endangered Threatened orofSpecialConcernbyeithertheFloridaFishandWlldlifeConservationCommissionFFWCCorthe V S Fish Wlldlife Services USF WS As part of OUf scope of services in preparing this report FDC perfonned the following efforts 1 Records data search of Florida Natural Area Inventory for occurrences of listed flora and fauna 2 FF WCC eagle nest location files 3 Florida Waterbird Colony Inventory recor ofsightings 4 Pedestrian Survey to identify and groundtruth vegetative and habitat signatures of availableaerialphotographs 5 Pedestrian SWYey of suitable habitat as it relates to potential utllization by Central Florida Listed S GENERAL SITE DESCRIPTION The property consists of approxUnately 44 acres located north of Countryside Boulevard artd west ofEnterprisRoadinClearwaterFloridaSection3031Township28SouthRange16EastTheinajorityofthesiteconsistsofanactivegolfcourseinanintensiveurbansettingExistingmediumdensityresidentialhousingbordersthepropertyonthewesternperimeterandsinglefiunilyresidentialhomesarelocatedsoutheastofthesiteacrossCountrysideBoulevardAlargeCatholicchurchcomplexbordersthegolfcourseonthenorthMixedusesofcommercialandprofessionaIofficesarecontiguouswiththesitealongportionsoftheeasternpropertylineandfurthereastacrossEnterpriseRoadThesoutheastcomerofthesiteisaclubhouseproshopcomplexcolocatedwitharestaurantsportsbarTheurbanenvironmentsurrOttndingthesubjectpropertyreduces1hepotentialuseofthesitebyW11dlifespecies 3030 Starkey Boulevard New POrt Richey FL 34655om8497588Fax278483648005321047 05 19 2005 THU 10 42 FAX 727 848 3648 003 008 Mr Steven E Gamm August 6 2004 Page 2 HABITAT DESCRIPTION FDC field reviewed and mapped Figure 1 the vegetative communities found on the property These areas have been classified according to the Florida Land Use Cover Classification System FLUCCSdevelopedbytheStateofFloridaDepartmentofTransportationasshownbelowinTable1anddescribedinAppendix1 TABLE 1 FLUCFCS 182 524 619 621 ress Atrta e 40 59 1 31 0 12 2 21 As noted in Table IJ both wetland and upland classifications exist on the site The lakesopen water portions of the property 1 31 acres consist of two golf course ponds and a channelized creek bed that runs diagonally across the southeast portion of the site Additional roadside ditches and intermitteQt1yfloodedditchesandswalesarelocatedonornearthepropertyboundaries These open water features appear routinely maintained by periodic herbicide spraying and mowingSubmergedandemergentwetlandvegetationwasgenerallylackingsignificantlyreducingthehabitat quality of these wetland features Expected but limited observation of wading bird usage of thesehabitatswasnotedduringthepedestrianSlllVCYofthepropertyBirdsobseJVedarelistedonAppendix2Periodicusageofthegolfcoursepondsbyalocalgroupofriverotterswasalsoreportedbythegolfcoursesuperintendent The property contains 2 21 acres of cypress wetlands The small size and isolated nature of these forested wetlands reduces the habitat value to minimum levels Similarly the one small area 0 12 acres of exotic hardwoods has ITlinim1l1 wildlife habitat value These areas provide foodforage valueandfunctionprimarilyascoverforsmallbirdsJmanunalsreptilesandamphibianstolerantoftheurbanenvironment Reconnaissance was also conducted for the following expected species Gopher Tortoise A gopher tortoise burrow survey was perfonned in accordance with the FF WCC Wddlife SurveyMethodologyGuidelinesFGFWFC1988GolfcourseroughisconsideredpotentiallysuitablehabitatforthetortoiseThesurveysrevealednotortoisesortheirburrowsTherelativelyhighgroundwatertableintheareaandmanagementofthesiteaccountsfortheabsenceoftortoiseswithinthe property 05 19 2005 THU 10 42 FAX 727 848 3648 004 008 Mr Steven E Gamm August 6 2004 Page 3 Sherman s Fox Squirrel No fox squirrels were observed during the swvey Shennan s fox squirrel is listed as a species of special concern by the FF WCC but is not listed by the USF WS Although even the most extensive surveys may fail to detect the presence of a particular species our experience suggest that if the fox squirrel were present in any significant numbers it would have been detected during the field observation s It should also be noted that surveyS were pcrfonned outside the nesting season for the fox squirrel Southeastern Kestrel Although kestrels are known to utilize similar habitat in Pinellas County the lack of adequate suitable nesting sites dead pines containing abandoned woodpecker cavities and intensive pedestrian traffic on the golf course make it lll11ikely that kestrels are present No kestrels were observed Wading Birds Several listed wading birds were observed foraging within the n site wetland areas No rookeries or active nesting sites were fo d within the property boundaries The existing or replacement wetlands should continue to fWlction as limited foraging for wading bird species currently using the site UMMARY FDC consulted and researched available data for reported occwrences of me and endangered flora and fauna No reported occurrences were noted in proximity to the property Pedestrian surveys of the property confinned that wildlife usage of the site is restricted to common urban tolerant species If we can be of further assistancc or you have any questions regarding the report please contact me Sincerely Stephen L Peacock Vice President of EnvirolUllental Services AU c File 282 02 30 031 es K COllntlyside Golf ColltSeLcttClS Gammdoc 05 19 2005 THU 10 43 FAX 727 848 3648 005 008 FLOKIDA DESIGN CONSULTANTS INe TABLE 2 COUNTRYSIDE EXECUTIVE GOLF COURSE PLANUST Common Name Scientific Name b d cypress Brazilian pepper cabbage palm carrotwood castor bean chinaberry Chine e tallow dallOon holly date palm elderberry eucalyptus longlcaf pine numosa Palatka holly red maple sand pine slash pine Southern magnolia swcetbay wax myrtle Taxodium distichum Schinus terebinthifo ius Sabalpalmetto Cupaniopsis anacardioides Ricinus communis Melia azedarach SapiQm sebiferulil lex cassine Phoellix dactylifera Sambucus canadensis Eucalyptus diversico or Pinus palustris A bizia julibrissin Ilex sp Acer rubrum Pinus clausa Pinus eliotti Magnolia grandiflora Magnolia virgin ana Myrica cerifera JCoumtyjdcGoIfCourseen IIClfClplnDts dQc 05 19 2005 THU 10 43 FAX 727 848 3648 006 008 nORIDA DESIGN CONSULTANTS INC APPENDIX 1 FLUCFCS COUNTRYSIDE EXECUTIVE GOLF COURSE 182 Gillf Course This category is reserved for the maintained portions of the golf course club house andassociatedfacilitiesThemajorityoftheareaismaintainedlowgrassesforthefairwaysandgreenshowevercontainvarioustreesandshrubsprimarilyslashpinelongleafpineandsandpinearecommonMimosachinaberrycabbagepalmSouthernmagnoliaPalatkahollyBrazilianpepperanddatepalmsarealsolocatedalongthefairwaysThenorthandeastpropertyboundaryisborderedwitheucalyptustrees 524 Lakes less than lO acres 4 hectares which are dominant features This category applies to the man made excavated lakes canals and retentionstonnwater pondslocatedonthegolfcourseTheseareasaremaintainedtotheedgeandcontainminorvegetation 6i9 Exotic Wetland Hardwoods This category is reserved for the disturbed wetland located at the south end of the townhomeswhichpartiallyextendsintothegolfurscThisdisturbedwetlandisdominatedwithexoticspeciesincludingBrazilianpepperChinesetallowandchinaberryBaldcypressisaSsociatedwithinthiscommunityprimarilyontheadjacentproperty 621Cv re8S This community encompasses the remaining forested wetlands on the golf course Bald cypressisthedominantspeciesRedmapledahoonhollysweetbaywaxmyrtleandcabbagepalmmaybeassociatedwithinthecanopyandshrublayerAlloftheseareasareextensivelycolonizedwithexoticspeciesespeciallyalongtheperimeterincludingBrazilianpepperChinesetallowelderberrycarrotwoodandcastorbeanwithmimosaandchinabenyattheuplandedge 05 19 2005 THU 10 43 FAX 727 848 3648 007 008 FLORIDA DESIGN CONSULTANTS INC APPENDIX 2 COUNTRYSIDE EXECUTIVE GOLF COURSE LIST OF WILDLIFE SPECIES black hooded parakeet bluejay common grackle Eurasian collard dove feral pigeons rock dove fish crows great American egret great blue heron little blue heron mallard morning dove mottled duck muscovy duck muscovy mallard hybrid northern cardinal northern mockingbird northern shrike osprey red bellied woodpecker starling tricolored heron indicates exotic or feral species K 01f IdtmlGamto doc I 05 19 2005 THU 10 44 FAX 727 848 3648 DESCRIPTION COUNTRYSIDE EXEOJnVE GOlF COURSE YlDUfE AND HABITAT EXHIBIT FLq 2 Rs i tfALr ttu to 1l RfNC 3030 Slcrkey Blvd New Pori Richey FL 34IOS5Tel7278497588Fa1278483648 PROJECT No 576 01 DATE 7 27 04 DRAWN BY mkc CapyrlgM 2004 Florida Design CaneullMl In Drawings and concept may not be used or reproduced without written permission 008 008 EPN 169 FIGuRE 1 Q 6 u City Council gendJ Memor I Tracking Number 1 367 Actual Date 05 19 2005 Subject Recommendation Continue the Annexation and initial City Future Land Use Plan designation of Commercial General CG and initial City Zoning Atlas designation of Commercial C for an unnamed right of way 16 feet in width and 300 feet in length on the north side of 3070 Gulf to Bay Boulevard consisting of a parcel of land lying between lots 1 6 and lots 18 23 block 3 Bayview Terrace in Section 16 Township 29 South and Range 16 East to June 16 2005 Originating Planning Section Quasi judicial public hearings Category Other Financial Information Type Other Review Approval Cvndie Goudeau 05 19 2005 13 11 27 Os a City Council II I mA m COY m a I l m m m m Trackino Number 1 312 Actual Date Subiect Recommendation Approve the hiring of one new FTE for the Development and Neighborhood Services Department s Building Inspections Division at an estimated annual cost of 54 800 and a current year estimated cost of 31 595 Summarv The request is to hire one new FTE a Building Construction Inspector position in Development and Neighborhood Services Department cost center 1430 This building construction inspector will be assigned to conduct general inspections due to the increase in building construction work This inspector will also assist during regularly planned or unexpected periods of absence of the other inspectors It is anticipated that construction inspections will remain at higher levels than past years thus creating a need for an additional inspector Larger projects including downtown and beach redevelopment will generate a significant amount of building inspections In addition hundreds more inspections are anticipated through our proactive measures and enforcement efforts generated by expired permits stop work orders non licensed contractors It was necessary this year to hire a temporary inspector through contractual services to help with the normal inspection workload due to extended periods of absences of two building inspectors From a cost benefit analysis evaluation the department found itself in the position of having to pay more monies for outside contractual services than if it had a permanent full time equivalent employee Also the department is currently finding it necessary to pay inspectors to work overtime on the weekends to conduct inspections to meet customer needs This new position would substantially defer these costs and alleviate foreseen fatigue for the inspectors working additional hours The City s Resource Committee reviewed and recommended approval of this proposal on April 6 2005 The estimated annual salary for this position is 42 380 includes benefits 250 for uniforms 400 cell phone cost 400 for annual equipment purchases includes inspector related and emergency equipment 3 000 for training and supplies 4 000 for internal service charges and 4 370 annual debt service for a compact pickup truck for a total estimated annual cost of 54 800 Costs for this position for the remainder of the current fiscal year include 17 660 salary benefits 2 500 for the cost of the workstation setup 4 100 computer software laptop and licenses 250 for uniforms 400 cell phone cost 1 000 equipment includes rain gear ladders and emergency equipment 1 500 for training and supplies 2 000 for internal service charges and 2 185 debt service for the remainder of the year for a compact pickup truck for a total estimated cost of 31 595 for fiscal 2004 05 A mid year budget amendment will appropriate 31 595 of un appropriated retained earnings of the General Fund to the Development Services operating budget to provide funding for the operating costs in the current year In addition capital project 316 94835 will be established at mid year in the amount of 20 000 to provide for the lease purchase of the related vehicle Originating DevelfNeighborhood Services ater aCC mor dum City Council i1 1 ffl i Section Consent Agenda Category Other Public Hearing No Financial Information Type Operating Expenditure Bid Reauired No Bid Exceptions Impractical to Bid In Current Year Budaet Yes Budget Adiustment Yes Budaet Adjustment Comments A mid year budget amendment will appropriate 31 595 of un appropriated retained earnings of the General Fund to provide funding for the current year budget Current Year Cost 31 595 00 Annual Operatina Cost 54 800 00 For Fiscal Year 10 01 2004 to 0930 2005 Total Cost 31 595 00 Not to Exceed 31 595 00 Aoorooriation Code s 0010 01430 510100 524 000 Amount 17 660 00 Comments Full time salary and benefits for 5 mos remaining in FY05 0010 01430 550400 524 000 11 750 00 Code as per Budget all operating and internal costs City Council g nd c ver M I m c c c 0010 01430 591600 581 000 2 185 00 Debt services for the truck for remainder of FY04j05 0316 94835 xxxxx Review Approval Jeff Kronschnabl Cvndie Goudeau Joseoh Roseto Tina Wilson 20 000 00 Project for compact truck 05 06 2005 10 35 01 05 12 2005 15 29 43 05 12 2005 14 30 46 05 12 2005 14 46 15 4R City Council II J enda Cover Memorandum Tracking Number 1 311 Actual Date 05 19 2005 Subiect Recommendation Reappropriate funds in the omount of 46 255 23 from General Fund retained earnings to continue the services of the law firm of Thompson Sizemore Gonzalez to assist the City in contract negotiations with the International Association of Fire Fighters IAFF and other labor unions Summary The City is involved in continuing negotiations with the IAFF The Human Resources Department requires the continued assistance of Gregory Hearing an attorney with expertise in the area of contract negotiations and employment issues The City has budgeted 170 000 since 2002 These funds have been used in negotiations with the CWA and FOP and the continuing IAFF negotiations The last approval for 50 000 was granted by the City Council on July 15 2004 Prior to the end of fiscal year 2003 04 the Human Resources spent S144 17 The remainder of the 50 000 was not encumbered prior to the end of last fiscal year and therefore rolled into General Fund retained earnings at year end closing of the accounting records Human Resources is requesting the reappropriation of the balance of 46 255 23 to pay for the continuing services provided by Thompson Sizemore Gonzalez Oriqinatinq Human Resources Section Consent Agenda Category Agreements Contracts with cost Public Hearinq No Financial Information Operating Expenditure Bid Reauired No Bid Exceptions Impractical to Bid In Current Year Budget No Budaet Adjustment Yes City Council Cover Memorandum Budaet Adiustment Comments City s labor attorney Current Year Cost 46 255 23 Review Aoproval Tina Wilson 04 28 2005 15 58 01 Bill Horne 05 10 2005 07 57 15 Cvnoip GOIIOP1IJ 05 10 2005 Oe 10 36 Garry Brumback 05 09 2005 17 11 22 II S City Council M t cO mm mora I m Tracking Number 1 305 Actual Date 05 19 2005 Subject Recommendation Accept grant and approve the corresponding agreement from the Juvenile Welfare Board totaling 118 320 for funding of two summer camp programs and authorize the appropriate officials to execute same Summarv The City programs a 10 week Summer Camp for economically disadvantaged children aged 10 14 years at the N Greenwood Recreation Complex and Ross Norton Recreation Complex serving 140 children aged 10 14 years camp activities will include drama tennis art computer lab swimming field trips games and sports This program is compatible with JWB s Strategic Plan in the following areas providing a substance abuse program skill development activities children aged 10 14 years community based activities structured activities support from 3 or more adults quality services and activities while preventing problem behaviors The City has been awarded a grant totaling 118 320 from the Juvenile Welfare Board The grant will provide 84 000 funding for 100 middle school aged youth at N Greenwood Complex The grant will provide 34 820 funding for 40 middle school aged youth at Ross Norton Complex The city will provide in kind support to the program by providing supervisory oversight and some staff assistance The following special project numbers have been established for accounting purposes 181 99893 Juvenile Welfare Board N Greenwood Recreation Complex 2005 181 99894 Juvenile Welfare Board Ross Norton Recreation Center 2005 Oriqinating Parks and Recreation Section Consent Agenda Category Agreements Contracts with cost Number of Hard CODies attached 1 Public Hearinq No Financial Information Other Bid Required No Bid Exceptions Other City Council Ag dC ver M e mo ra n Other Contract JWB Grant In Current Year Budget Yes Budaet Adiustment Yes Budget Adiustment Comments JWB Grant Current Year Cost 115 500 00 Annual Operating Cost 0 00 For Fiscal Year 10 01 2004 to 09 30 2005 Total Cost 115 500 00 Not to Exceed 115 500 00 Appropriation Code s 181 99893 Amount 82 500 00 Comments JWB Grant North Greenwood Rec Complex 181 99894 33 000 00 JWB Grant Ross Norton Rec Complex Review Aooroval Kevin Dunbar Laura Lipowski 04 26 2005 11 32 54 05 10 2005 08 09 59 04 26 2005 12 25 35 05 09 2005 17 12 02 04 29 2005 11 31 03 05 10 2005 07 57 48 Cvndie Goudeau Tina Wilson Ga rrv Bru m back Bill Horne I MAY 13 2005 16 18 JUVENILE WELFARE BOARD 7275475610 P 02 JUVENILE WELFARE BOARD OF PINELLAS COUNlY 6698 68th Avenue North Suite A CJ Plnellas Park FL 33781 5015 727547 5600 CI FAX 727547 5610 CJ wwwjwbpinellas org An Equal opportunity Employer May 13 2005 Frank V Hibbard Mayor City of Clearwater P O Box 4748 Clearwater FL 33158 Dear Mayor Hibbard On Thursday May 12th 2005 the Board of Directors for the Juvenile Welfare Board approved funding for the City of Clearwater Middle School Aged Summer Scholarship Program This funding was approved for the City of Clearwater s Parks and Recreation Department to provide ten week summer camps for economically disadvantaged youth at two Recreation Centers The department was awarded 118 320 to provide services to these youth The summer camps will also provide an academic component in an effort to prevent learning loss that can occur during this time If you have any questions about this matter please do not hesitate to contact us The Contract Manager for this program is Jerry Parker who can be reached at 727 547 5644 E Mills ACSW ecutive Director VAN C SAYLER Chair JAMES E MILLS ACSW Executive Director TOTAL P 02 v z SZ8vZ9SLZL NOI V3 3 ONV Vd dvZ v SO E S III Io III I ell E E o u Ql I s c s c c 111 0 s u en Gl E E s en CllQl 1 0 o c u en ell 0 e In cr o Ll 5 12 05 4 24PM PARK AND RECREATION l ll 2 C It I Z UJ i I o Io0 c Z loESc3il g U c c II g OJ eaSpilu II i o E QlOculiUE s g fo1n EllCirr o QEQlegCL a GoC Jl C Ql E Ql t Z IJ o L e s fi1i Jj i Vl i ZQ e s mBE CIII ti c iic w In i It Q CIl CIl CIl E 3 C c E EJ30 2 o S 2 cu o 0 Q ItUl0llOCOtCoQecaOJ III Ql 1 11o I rr a o o XI aj r fI7 0CJ r N fI7 It o 0 co N VI c Ulgij5C8Eiijg8go o g000cfIJ l SOEICo1l o oCO M oA o o o Iii It OJ to C o o o Lt It o CO It o o VI II en g ii E I e lI 5 g Q c gClE cnz g b II W g Ill aJ 3 jj8 21 iiill 81 E 5i 5 5i 2 gj5laUaJllwu i w e 1l J 2 c U D 0 9 ri 0 5 o N to Q t o t o C to fI7 Q t o t o N CO N fI7 o o o o 0 fI7 o o o Iii o o It o o r r c 5 z N O b i15g010u go0L Q Zlre u s f o g g8 9Ifiu JUlEIr o E8 gUiUlU o i o It I It 9 OJ t o t Q t o t o o o o ci It Q t o t o o o ci o N o co o C M N It oZ f OO 5mffiEVC1lstIQ1NOg1 C OQ O 8g EE E 5 i I I U o cJ j E oE1l5e U o to OJ N fV lO Ll j c 0 t E w E g ll cJ S o r s u Qj 3Eait o E 1uU5gEEQjo5ge zi uo8 u J E 5ZuOlcQC E 2 Q LL lrlii WUll o It Q t o t co o It o t o o o Iii t r i N W t o C o 0 o o IIii N N It co r r N o o o co C N rN 9 co I C M C co Ol W oiD XI r o c 0 oU t o g c Ui 2 II Q g E 19 iJ 8 7275624825 o o o 0 CO r I o oo lri 9 3 14 I i Il 11III I i I I I r i7 AGREEMENT Between THE JUVENILE WELFARE BOARD and CITY OF CLEARWATER North Mid County Middle School Aged Summer Scholarship Program I PURPOSE The Juvenile Welfare Board of Pinellas County hereinafter referred to as JWB and City of Clearwater hereinafter referred to as Provider enter into this mutual Agreement including all attachments referred to herein for the period commencing May 12 2005 and extending through September 30 2005 II STAFF Provider agrees to employ staff at its expense to execute services provided in accordance with this Agreement Such individuals shall not be considered employees of JWB or the County of Pinellas and are subject to the supervision personnel practices and policies of the provider Unless otherwise approved by JWB all staff shall meet qualifications as stated in the application and any approved revisions which are submitted for fiscal year 04 05 flJnding III SERVICES Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish objectives stated in Attachment 2 in accordance with recognized child welfare practices as determined by JWB in service areas stated in Attachment 3 and pursuant to the General Conditions listed in Attachment 1 and any special conditions as stated in Section VIII of this Agreement IV FUNDS The budget for both JWB and other funds if any for accomplishing the above stated services shall be as set forth in Attachment 4 JWB agrees to reimburse up to XXX XXX for Middle School Aged Summer Scholarship for per diem costs incurred for services rendered pursuant to this Agreement V METHOD OF PAYMENT 1 JWB issues reimbursements in accordance with the schedule listed on Attachment V or on the preceding working day in case of a holiday The Provider may select to submit a request for payment every other week or once a month Request for payment must be accompanied by the appropriate documentation as prescribed by JWB 2 Requests for advance funds may be made consistent with JWB policy VI TERMINATION 1 It is the intent of the JWB to assure a consistent and orderly delivery of children s services It is the further intent of JWB to terminate Agreements only in those situations where such action is essential to protection of its interests and the interests of children as determined by JWB 2 Except as provided in subparagraphs 3 and 4 below this Agreement may be terminated by either party upon no less than thirty 30 days notice Said notice shall be delivered by certified mail return receipt requested or in person with proof of delivery 3 In the event funds to finance this Agreement become unavailable JWB may terminate the contract upon no less than twenty four 24 hours notice in writing to the Provider Said notice Agency City of Clearwater Page 1 of 3 Section I DRAFT DOCUMENT SZ8vZ9SLZL NOIL 3d 3d ON d d dvZ v SO EI S I shall be delivered by certified mail return receipt requested or in person with proof of delivery JWB shall endeavor whenever possible and consistent with its legal obligations and principles of prudent management to provide 30 days notice for Termination for Lack of Funds JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated 4 In addition to the rights as set forth in paragraph VI 2 above this Agreement may be terminated by JWB for any breach by Provider of the terms of this Agreement including all attachments upon twenty four 24 hours written notice Said notice shall be delivered by certified mail return receipt requested or in person with proof of delivery JWB at its discretion may waive any breach by the Provider in writing but such waiver shall not constitute a waiver of any future breaches including breaches of the same type 5 The above provisions shall not limit JWB s right to remedies at law or to damages VII COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB payment for services rendered under this Agreement shall not commence prior to its effective date l VIII SPECIAL CONDITIONS The following condition applies to all programs within this agreement 1 General Condition 3 Audit and Management Letter is waived 2 General Condition 6 Board Members and Meetings is waived i Agency City of Clearwater Page 2 of 3 Section I DRAFT DOCUMENT V l s SZ8vZSSLZL NOI 3 03 ON d dvZ v SQ EL S IX SIGNATURES Executive Director Juvenile Welfare Board Date I I Agency City of Clearwater Vi 9 SZ8vZ9SLZL Page Section I Authorized Representative Provider Please Print or Type Name Date 3 of 3 DRAFT DOCUMENT NOI 3 3 ON d dvZ v 9Q EL 9 ATTACHMENT 1 GENERAL CONDITIONS OF THE AGREEMENT 1 Agreement Revisions This Agreement and attachments 1 through 4 constitute the contractual relationship between the Provider and JW8 No amendments to this Agreement or its attachments may be made without the prior written approval of JW8 and Provider except as may be provided in General Condition 4 2 Fiscal Responsibilitv Provider agrees A To maintain books records and documents in accordance with generally accepted accounting procedures and practices which accurately and appropriately reflect all expenditures of funds listed in Attachment 4 8 That all financial records and supporting documentation shall be subject at all times to inspection review or audit by JWB personnel or its duly authorized agent C To maintain and file with JWB in a timely fashion reports related to services provided under this Agreement D To retain all financial records supporting documentation statistical records and any other documents pertinent to this Agreement for a period of five 5 years after termination of this Agreement If an audit has been initiated and audit findings have not been resolved at the end of five 5 years all records shall be retained until resolution of audit findings 3 Audit and Management Letter Within 120 days of the close of its fiscal year Provider agrees to submit to JWB an independent audit of the financial statements of the entity in its entirety and any accompanying management letter s The audit must be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with generally accepted auditing standards and standards established by the American Institute of Certified Public Accountants The audit will separately identify JWB revenues fees and donations and expenditures by program I 4 Other Financial Support A Within 30 days of the effective date of this Agreement and at any subsequent time as a revision in the budget may be reasonably anticipated Provider will submit to JW8 for its approval a revised budget which again includes all resources to be applied to the program funded under this Agreement A written justification will be made of any difference in the proposed budget revision and the approved budget Statements which reflect reductions in excess of 5 of total program funding or 5 000 whichever is least as reflected in the approved budget or reduction in any amount which in the judgment of JWB would significantly interfere with implementation of the program as originally approved may be groundsforbreachofAgreement B Provider will report any request to any other source for financial support relating to this program for this fiscal year and report any other financial support received which amounts to 10 of the total program cost or 5 000 whichever is least and an explanation of how such additional funds will be used A full copy of requests or applications for other financial support will be provided if requested by JWB C JW8 funds will not be used for expenditures also funded by other sources D Generally JWB encourages use of its funds as financial match for securing funds from other sources However in such instances Provider is required to obtain prior approval from JWB Agency City of Clearwater Page 1 Of3 Section DRAFT DOCUMENT to L SZ817Z9SLZL NOI 3 3 ON d dvZ v SO E S 5 ProQram MonitorinQ Provider agrees to submit progress reports and other information in such format and at such times as may be prescribed by JWB including SAMIS and A S SET and to cooperate in site visits and other on site monitoring including but not limited to access to sites staff fiscal and client records and logs and the provision of related information 6 Board Members and Meetings Within 30 days of the effective date of this Agreement Provider will submit to JWB a calendar of scheduled Board meetings for the current fiscal year Approved Board minutes and an updated list of Board Members shall be submitted in accordance with JWB policy 7 Nondiscrimination Programs receiving funding from the Juvenile Welfare Board shall not discriminate against an employee volunteer or participant of the provider on the basis of race color gender religion national origin citizenship disability marital status or age except that programs may target services for specific participant groups as defined in the application Additionally agencies receiving funds shall demonstrate the standards policies and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures classes races religions and ethnic backgrounds 1 8 PublicizinQ of JWB Support Provider agrees to identify JWB support on its letterhead agency newsletter and other printed materials and to utilize every reasonable opportunity to publicize the support received from JWB 9 Publications Provider agrees to supply JWB without charge up to three 3 copies of any publication developed in connection with implementation of programs addressed by this Agreement Such publications will state that the program is supported by JWB Provider agrees that JWB will have unlimited use of copyrighted materials developed under this Agreement I 10 AssiQnments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement unless so specified in Attachment 4 Without prior written approval of JWB No such approval by JWB of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by JWB in addition to the total dollar amount stated in this Agreement All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that JWB shall deem necessary 11 Confidential Information Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement with the following exceptions a such information may be revealed as may be necessary to implement General Conditions 2 and 5 b such information may be revealed as may be necessary pursuant to applicable federal state or local law and related regulations and c such information may be revealed with the written consent authorization of the recipient or the recipients responsible parent or guardian where authorized by law The provider is responsible to adopt appropriate policies notifications authorizations and other relevant information that allows for the sharing of confidential information 12 Return of Funds Provider agrees to return to JWB any overpayment due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Provider by JWB and such funds shail be considered JWB funds and shall be refunded to JWB in accordance with its instructionsI Agency City of Clearwater Page 2 Of3 Section II DRAFT DOCUMENT V l 8 SZ817Z9SLZL NOI 3 3 ON d d17Z 17 SO El S 13 Special Situations Provider agrees to inform JWB in a timely manner of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement 14 Provider Staff Membership on Board Provider agrees that provider staff shall not serve as members of the Provider s governing board 15 Measurable Obiectives Provider agrees to negotiate measurable outcomes for services covered by this contract consistent with established JWB policies and procedures 16 Waiver JWB reserves the right to waive requirements of the above stated Agreement and General Conditions where warranted by special circumstances 1 l II Agency City of Clearwater Page 3 Of3 Section DRAFT DOCUMENT V l 6 SZ8vZ9SLZL NOI V3 3 ONV Vd dvZ v SQ El S ATTACHMENT 2 CITY OF CLEARWATER MIDDLE SCHOOL AGED SUMMER SCHOLARSHIP MEASURABLE OBJECTIVES FY04 05 TO BE NEGOTIATED IF AWARD IS MADE Contracted Service Levels Client Level Minimum Service Levels COG Primary Participants Contracted Primary Youth Contracted Primary Adults Total Contracted Primary Youth and Adults Secondary Participants Estimated Secondary Youth Estimated Secondary Adults Total Secondary Youth and Adults Group Level Minimum Service Levels Group Activity Section I Minimum Service Levels for Group Activities Contracted Youth Contracted Adults Total Contracted Youth and Adults Section II Number of Activities Activity Type Quantity Section III Number of Youth and Adults per Activity Activity Type Youth Adults Agency City of Clearwater Page10f1 Section III DRAFT DOCUMENT 1d o SZ8vZ9SLZL NOI V3 3 ONV Vd dvZ v so s s ATTACHMENT 3 GEOGRAPHICAL SERVICE AREA Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target client group Provider will advise JWB of any changes made in service sites The geographical service area for this agreement is as follows Program Name Service will be provided countywide Services will be provided less than countywide Service will be provided in the following zip codes list al zip codes of the target area Middle School Aged Summer Scholarship City of Clearwater I I Agency City of Clearwater Page 1 Of 1 Section IV DRAFT DOCUMENT v SZ8vZ9SLZL NOI V3 3 ONV Vd dvZ v SO E S ATTACHMENT 4 BUDGET S The provider will deliver services according to the budget s following this page Revised budgets should be submitted by the provider in accordance with the provision of General Condition 4A as found in Attachment 1 of this agreement Provider may make budget amendments during the fiscal year in accordance with JWB forms and procedures as delineated in the budget amendment approval guidelines established on 10 05 00 Copies of these guidelines are available from JWB upon request In all instances budget amendments require electronic approval in SAMIS by JWB staff For all amendments the following guidelines apply A Funded programs shall make adjustments in accordance with forms and procedures as established by JWB staff B A change in an individual position salary or fringe expenditure shall be considered as separate line items The program may make transfers between individual salary and fringe lines but such transfers may not exceed 10 of individual salary and may not exceed the aggregate amount of approved salary and fringe C Any adjustments made by funded agencies which are not in accordance with JWB policy shall be subject to reimbursement of JWB at the discretion of JWB No adjustment may be made after the budget amendment closing date in September Reimbursement on per diem contracts may not exceed one fourth of the total annual JWB allocation in any quarterofthefiscalyearwithoutpriorJWBapprovalAnyunusedperdieminonequartermaybecarriedovertoa subsequent quarter within the fiscal year given adequate justification and with the prior approval of JWB Agency City of Clearwater Page 1 Of 1 Section V DRAFT DOCUMENT jd z SZ8vZ9SLZL NOI V3 03 ONV Vd dvZ v so s s FORM 2 MIDDLE SCHOOL AGED SUMMER SCHOLARSHIP PROGRAM SERVICES CURRENT PROPOSED OPERATING BUDGET TO BE NEGOTIATED IF AWARDED GRANT Agency City of Clearwater Page1 Of3 Section VI DRAFT DOCUMENT I ii l i v S SZ8vZ9SLZL NOI 3 03 ON d dvZ v SO S S f 1 Agency V l v l City of Clearwater SZ8vZ9SLZL 04 05 Reimbursement Schedule 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AITACHMENT 5 JWB REIMBURSEMENT SCHEDULE Submission Date Reimbursement Date 10 1 2004 10 15 2004 10 29 2004 11 12 2004 11 26 2004 12 10 2004 12 24 2004 1 7 2005 1 21 2005 2 4 2005 2 18 2005 3 4 2005 3 18 2005 4 1 2005 4 15 2005 4 29 2005 5 13 2005 5 27 2005 6 10 2005 6 24 2005 7 8 2005 7 22 2005 8 5 2005 8 19 2005 9 2 2005 9 16 2005 9 30 2005 10 8 2004 10 22 2004 11 5 2004 11 19 2004 12 3 2004 12 17 2004 12 31 2004 1 14 2005 1 28 2005 2 11 2005 2 25 2005 3 11 2005 3 25 2005 4 8 2005 4 22 2005 5 6 2005 5 20 2005 6 3 2005 6 17 2005 7 1 2005 7 15 2005 7 29 2005 8 12 2005 8 26 2005 9 9 2005 9 23 2005 107 2005 Page10f1 Section XII DRAFT DOCUMENT NOI V3 3 ONV Vd dvZ v SO EL S r City Council A9 cO r Q a nd um P4R J J OO i ffiI I Tracking Number 1 206 Actual Date Subject I Recommendation Approve co sponsorship and waiver of requested City fees and service charges for FY 2005 2006 special events including seven annual City events and seventeen City co sponsored events at an estimated gross cost of 494 591 139 500 representing cash contributions and 355 091 representing in kind contributions for the purposes of departmental budget submittals Summary According to the City Code of Ordinances on special events 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 will be brought before the City Commission 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 Commission approval will be needed before said additional funds are dispersed The attached chart shows cash and in kind contributions requested to be included in FY 2005 06 budget for City sponsored and co sponsored special events In addition the 2004 2005 approved spreadsheet is attached for comparison purposes In kind contributions decreased by 52 343 10 7 In kind contributions are included in operating budgets under various departments The decrease is due to the proposed opening of the new Memorial Causeway Bridge and reduction of Police Department costs related to Drew Street Closures If the bridge opening is delayed additional funding will need to be allocated on an event by event basis and will be brought back to the Council for their approval Cash Requests has increased 20 000 due to The request from Clearwater Jazz Holiday has been reduced by 10 000 and the in kind request has been increased by 10 000 due to the Parks and Recreation Department assuming additional venue operations responsibilities 15 000 previously budgeted annually in special events for Florida Orchestra s Fun n Sun Concert is now being budgeted directly to the Orchestra along with an additional 15 000 for a Fall concert For a total of 30 000 to the Orchestra Oriqinating Parks and Recreation Section Consent Agenda Category Other Number of Hard Copies attached 0 Public Hearinq No Financial Information Operating Expenditure Bid Required No 1 ter City Council l gen ove M moran rrL m Bid Exceotions Other Other Contract FY2005 06 budget per Council policy In Current Year Budget No Budget Adiustment No Review Aooroval Sid Klein Bob Brumback 04 08 2005 14 41 10 04 29 2005 15 27 07 04 13 2005 08 47 42 05 09 2005 14 30 56 04 15 2005 16 53 37 05 09 2005 14 58 47 Kevin Dunbar Jamie Geer Tina Wilson Cyndie Goudeau It o o N t o o N u E en III l C III III Cl tl l 0 en c III w Iii u IIIQ III nI nI III 3 o UlW U g w UlCo zo 52 z2 l I g E UCI g5 igo Uiiji Egi2tijE w o N 1 II al 0 o CO N E 0 1 U w c tl guNEo 1 U w Ul l i Ji c fffjjIifffIj j f no mo D D J DGDD 0 N N 0 0 N 0 0 0 c N 0 N N 0 0 stlN00N0 r N 0 N 0 N cD Jl 5 0 0 0 N N 0 I 0 N 0 00 N 0 N N 0 Q O tl 0 0 0 0 N N N N N N c Ul Iii i i l l I il f 0 I l II 8 J I I N I 1 1 0 1 0 of 1 f I i il l l il I i i i 0 g 0 1 Sj 0 I 0 i 0 I I I J I I I 1 1 01 il ol o lil o F or 0 0 Sl O lil oL1 0 I 0 0 I f77 fl m ffl fl fl 1 g m gl nI fl i5Jrr N tfl tfl fl fI co t q i i LJ 1 i I il I iI Iii L I l I g I l j 1 1 0 It l I il lij Iii I 1J I I i 0 8 e I j188 ci Q Q 10 tSilr I I g gjo r lo087ffliIlRtfl 0 a LO 0 0 o t tfl fl ll U 0 t i 00 r s Q Il0 Il 0 J o o o o o OO i I I I I rl o C ll 2 ir 0 l r l It C tfiIilll it tfi tfi tfi C kiiiiiiiil Q Ii i i i ill I i i i 1 0 ic3liillllrimzito tfi tfi Wi 0 C vt 8 ilIoTi7 OJ o 0 tfi flO11 Iii tJoL rlIt 01 OO g l 8 lg i to to Q 1 0 Fl N I M i i N 0Y g tll 0CV E J oo o Q cnas tfi ol10 J I RI o 0 o o I No 0 I 0 il o N illo5 V 0 G o Iii Iii r J i o Iii to 0 Sl 0 8 i fit i 1 tI4lN0 l tfi tfli i i lI tfl r il tfl i iog o u 0 oil 0 8Ili J I 8 2 l slltflf I oJl oc 0 N u u 0 i 8 g ll i 1iirtil tlj 8 OfJpAw lit toco l1 oflitNiI c c g q L1i CD 1 Bi 0 0 0 0 N 0 0 0 N a 0 0 0 Co 0 a N a OXl e M M M 0 0 co N 4 N IJ o 00 IfcoIICDOl0co il0 o co NEO 1 U w 0 0 0 0 0 0 0 0 0 N 0 0 N 0 0 0 0 N 0 0 0 0 0 N 0 N 0 N D N D oi N 0 oi D N D on N N N i iP Zi YOf Clil III IilljJ t l 2u1 2 Ill I 2f goCToc010 N N il ro N N9 5 Ii iil g g UljiifenzUlIjiljJiiiffi J c rf11w C r n lC c C N N N N N Mi M C o Ul z o 0 II o U u Cl z o z u CCllw z 0 z 8 Q Cu c s wU I0 0 N 0 0 0 z u 0 i Ij I 1tEdlJ l5 ItIjtIlC g 1i 8 t a3 1jtI G l B 01i S 0 l 0 9tmiITiS N N 8 TI Q ptDuiljjIir I I j V ll e o i LL 0 0 Cll C c U I tlS 0 c 000 000 NNN U 1 1 1 0 gg 0 0 1tI1t IU c CW tlJj tl 0 en 5 g II c 8 g Vioo t3 iwuu Vl W tt mU i 00 oll J J2 Cl Ol Ol1iiVl g 2 E g 3ji gCotg 1ii g It E u Q g WO OYl Ji1 0Vl CD o o N I II o o N LL E III Q C Q 0 O Ei81U1i u E 0 a r U w Vl J Q Cl 0 In III l Q UJ IV 0 Q a U Q IV IV o U c cC u f J9Eo I m 5 gm r w waN en 1 g f z g w w w w w w w wwwlt C C u 3ji i C Ol Vl g 5 m a w g w w N g w w w M s o C eOlt J g lU I J 1 1 I Ol a a I 1 i il i 1 i I I i J i i ril I j kf 2 i I I 2 l l jl M r i 2 l 1 9 r l l il l I a a Habil2i IIJi1 I I 02 r 0 2 0 0 i 0 2 0 lil 0 i 0 0 lr iij 1 n w I ii1l2a70f f 1 I l 1 I 1 al 1 IJ 11 il 1 1I ii 1 il 5 2 I 1l2 Ittl Pll 11 a 1 i 2 ti t 5 tii r a I f r iC I I u ljij o kh OlO eVlv OlE5c6 Cl li OlC u 0au0 o o e 0 uj00 0 I Q oil a i on o I i g zt ffl II 0 0 Ol ucrLL osRffl i II ios sc i o 3 rf3 Eo0EO U LL W ri lil g i Aia N ri VtI I oilgCty 15hM 10 i i i 1 o ii iii N I r i o c o 1tO co Iillt I g z th 80210fari N o o N N E o 0 EOu LL W 1 a ri I hC1ln N ffiftJi l I 1 1 i i 1 t z it 13 N o c 1 ffi o la M tt I IN l Vl o I ll i IIIIel z C 0 J S C a I Ico o o co o 0 o 0 C 1 g CO wu cs cs cs 1tiIjll I1fl jlt0I e I gr iiilljl w J IInun I tl t4 a uIIi Ol Ol s Ill5 t e e en IfOlij C c 7 1 o l1 E i 8 10 u e rl Ol E s Jl Ol 0t g 1j t i fl if5UIiJj9li1 c CO o 00 Ii C I U o 0 g O at o C CD r Ng C 0 oCO EefteftO ai 0 a u OLl c N O ci Cl OLl gC ai II I OlM 0 a OO t g ci eft 0 0 000 to ci r 0 u o 0 co N o 8 9 e 0b il Ol b 6 5 c C LL 000000 n Ol Ol C U C2 Ol g 0 U o I C Ol cw E 5 2 0 1Qcnugwuo U WUO City Council A enda Cover Memorandum ENS 3 11 5 Trackinq Number 1 253 Actual Date 05i19 2005 Subiect Recommendation Accept a prescribed Water Main and Utilities Easement conveyed by First Baptist Church of Clearwater Inc over and across a portion of Section 16 Township 29 South Range 16 East given in consideration of receipt of 100 and the benefits to be derived therefrom and authorize the appropriate officials to execute same Summarv The 6000 member First Baptist Church of Clearwater Inc operating as Calvary Baptist Church Grantor is constructing a new 200 000 square foot sanctuary and facliity at McMullen Booth Road and Drew Street The new facilities will include a sanctuary auditorium with about 3000 theater style seats a high school for about 300 students a day care for more than 100 children and a temporary gymnasium that will become the fellowship hall at a later date The estimated 35 million dollar project will include a 400 500 car garage and a total of nearly 2000 on site parking spaces The subject grant establishes a prescribed easement 5 feet each side of the recently completed potable water mains servicing the new church complex The grant authorizes the City to maintain and replace the water lines and attendant facilities as it determines necessary The easement is perpetual and will run with the land unless either abandoned by the City or by mutual agreement of the Grantor and the City A copy of the easement document is available for review in the Office of Official Records and Legislative Services Oriqinatinq Engineering Section Consent Agenda Cateqorv Agreements Contracts without cost Number of Hard CODies attached 1 Public Hearinq No Financial Information Review Aooroval Michael Ouillen 04 19 2005 09 48 37 Garrv Brumback 05 09 2005 17 14 13 Laura Lioowski 04 27 2005 10 31 32 Bill Horne 05 10 2005 07 58 56 City Council A enda Cover Memorandum Cyndie Goudeau 05 10 2005 08 08 06 o City Council wM g nda I Q nd um Eng 1 I b Tracking Number 1 299 Actual Date 05 19 2005 Subject Recommendation Accept a 5 foot Drainage Utility Easement over and across a portion of Lot 1 Block A BAYSIDE SUB NO 5 conveyed by Dalton Clearwater LLC in consideration of receipt of 100 and the benefits to be derived therefrom and authorize the appropriate officials to execute same Summary The consultant for the City s Beachwalk Project recommends constructing an additional 24 inch outfall pipe to carry stormwater runoff from South Gulfview Boulevard into Clearwater Harbor just east of Hamden Drive There is an existing 24 inch outfall pipe extending into the harbor from South Gulfview within a 10 foot easement along the south property line of the Best Western Motel 445 Hamden Drive The north property line of Harborview Grand a new 55 unit 7 story condominium under development at 530 South Gulfview Boulevard is directly adjacent to the existing drainage easement on the Best Western site Harborview Grand developer Dalton Clearwater LLC has granted the subject 5 foot drainage and utility easement that will be contiguous to the existing 10 foot easement to create a 15 corridor sufficient to construct and maintain the proposed new stormwater line parallel and adjacent to the existing line The easement has been granted in consideration of the City permitting stormwater runoff from the Harborview Grand development to be carried through the new pipe along with street drainage A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services Originating Engineering Section Consent Agenda CategorY Agreements Contracts without cost Number of Hard Copies attached 1 Public Hearina No Financial Information Review Aoproval Michael Ouillen 05 03 2005 16 00 43 Cvndie Goudeau 05 09 2005 13 40 32 Laura Lioowski 04 28 2005 16 33 29 Garrv Brumback 05 05 2005 14 31 39 Laura Lipowski 05 04 2005 11 52 45 Bill Horne City Council m ov r moran tum m 05 05 2005 22 59 54 City Council m A n Cover Me o um W ps I J 1 Tracking Number 1 295 Actual Date 05 19 2005 Subject Recommendation Approve Change Order 3 to Rowland Incorporated of Pinellas Park Florida for the Area F Gravity Sewer System Improvements Project 02 0049 UT increasing the contract amount by 88 919 50 for a new contract total of 747 021 92 changing the scope to include the installation of seven asphalt speed tables on Byram Drive Barbara Avenue and Carlos Avenue and authorize the appropriate officials to execute same Summary This contract was previously approved by the City Council on November 4 2004 for 415 286 30 Administrative Change Order No 1 for 40 138 92 was approved by the City Manager on March 18 2005 increasing the contract amount to 455 425 22 Change Order No 2 for 202 677 20 was approved by the City Council at the April 21 2005 increasing the contract amount to 658 10242 Change Order No 3 is needed to pay for two increases to existing items on the contract The first is an unexpected amount of unsuitable material clay that had to be removed from the excavation for the 18 gravity sewer main The second is select fill that had to be brought in as backfill for this excavation Additionally there is a change in scope for this contract to install seven asphalt speed tables five on Byram Drive where the sewer system improvements were done with one each on Barbara Avenue and Carlos Avenue which intersect Byram Drive Local citizens requested this aid in calming traffic through their neighborhood Funding Statement There are sufficient budget and revenue in the Capital Improvement Program CIP project 315 92259 Traffic Calming to fund the 27 125 00 cost of the speed tables Resolution 04 36 was passed on December 16 2004 establishing the City s intent to reimburse certain project costs incurred with future tax exempt financing The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution 04 36 There are sufficient budget and funding with interim financing or utility revenue bond proceeds when issued in the project 378 96655 Sanitary Sewer R R to provide the 61794 50 for the clay removal and backfill A copy of the change order is available for review in the Official Records and Legislative Services office Originating Public Services Section Consent Agenda Category Agreements Contracts with cost Number of Hard Copies attached 0 Public Hearing No o City Council g nda CQ M mQ dum Financial Information Capital Expenditure Bid Required No Bid Exceptions Other Other Contract Change Order Current Year Cost 88 919 50 Appropriation Code s 0378 96665 563800 535 000 0315 92259 563700 541 000 Amount 61 794 50 27 125 00 Comments Review Approval Garv Johnson Bryan Ruff 04 20 2005 11 29 48 05 09 2005 13 35 47 04 20 2005 14 58 41 05 06 2005 13 31 24 04 21 2005 09 17 56 05 09 2005 11 22 22 Cvndie Goudeau Tina Wilson Garrv Brumback Bill Horne DATE April 18 2005 PS 3 iI I CHANGE ORDER 3 PROJECT Area F Gravity Sewer System Improvements PROJECT NUMBER 02 0049 UT PO REFERENCE NO ST 100339 CONTRACTOR Rowland Incorporated 6855 102nd Avenue North Pinellas Park Florida 33782 DATE OF CONTRACT 1115 2004 CODE 0378 96665 563800 535000 0000 A CODE 0315 92259 565200 541000 0000 B SCOPE OF CHANGE THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT See attached sheets for increases and additional item STATEMENT OF CONTRACT AMOUNT ACCEPTED BY ORIGINAL CONTRACT AMOUNT ADM CHANGE ORDER 1 CHANGE ORDER 2 CHANGE ORDER 3 NEW CONTRACT AMOUNT 415 286 30 40 138 92 202 67720 88 91950 747 021 92 Rowland Incorporated BY SEAL Kenneth Rowland Vice President Date Frank Hibbard Mayor Witnesses Bryan Ruff Assistant City Attorney ATTEST Recommended By City of Clearwater Cynthia E Goudeau City Clerk Date Gary A Johnson CGC Public Services Director CITY OF CLEARWATER in PINELLAS COUNTY FLORIDA Michael D Quillen P E City Engineer William B Horne II City Manager Page 2 of 2 Change Order 3 Area F Gravity Sewer System Improvements 02 0049 UT ITEM DESCRIPTION Code A 0378 96665 563800 535 000 0000 Increase Items 14 Unsuitable Material Removal 15 Select Fill Material Code B 0315 92259 565200 541000 0000 Additional Items 24 Asphalt Speed Table SUMMARY Total Increase to Code A Total Increase to Code 8 Total Increase to this Contract CO3 Area F Gravity Sewer QUANTITY UNIT UNIT COST 2908 00 Tons 13 75 1646 00 Tons 13 25 Total Increase Items Code A 7 Each 3 875 00 Total Additional Items Code A Total Increase to Contract 61 794 50 27 125 00 88 919 50 TOTAL COST 39 985 00 21 80950 61 79450 27 125 00 27 125 00 88 919 50 City Council Cover Memorandum PS d l a Trackina Number 1 308 Actual Date 05 19 2005 Subiect Recommendation Approve Change Order 3 to Danella Companies Inc of Pompano Beach Florida for the Seville Sunset Drive Reclaimed Water Project 02 0103 UT which increases the contract amount by 114 44846 for a new contract total of 2 202 198 13 and authorize the appropriate officials to execute same Summarv This contract was previously approved by the City Council on September 16 2004 for 1 951 550 70 Administrative Change Order No 1 for 10 798 97 and Administrative Change Order No 2 for 125400 00 have been previously approved by the City Manager increasing the contract amount to 2 087 749 67 Change Order No 3 is needed for the substitution of 4 700 feet of 8 pvc Certalok pipe with 4 700 feet of 10 HDPE pipe to satisfy FDOT requirements for RCW pipe that is installed in State Right of Way This change order also includes delay claims and utility credits The delays were caused by instances of the contractor striking unmarked utilities in the Osceola Sunset neighborhood The credits were due to utility damage claims Sufficient budget and revenue are available in Capital Improvement Program project 0315 96739 Reclaimed Water Distribution System to fund this change order A copy of the change is available for review in the Official Records and Legislative Services Office Oriainatina Public Services Section Consent Agenda Cateaory Agreements Contracts with cost Public Hearina No Financial Information Capital Expenditure Bid Reauired No Bid Exceptions Other Other Contract Change order to Contract Aporooriation Code s 0315 96739 563800 533 000 Amount 114 44846 Comments City Council Cover Memorandum Review Approval Garv Johnson 04 25 2005 12 04 44 Cvndie Goudeau 05 13 2005 08 25 10 Bill Horne 05 12 2005 22 36 56 Tina Wilson 04 26 2005 13 19 01 Garrv Brumback 05 05 2005 14 33 39 Bryan Ruff 04 26 2005 16 35 51 Michael Quillen 05 06 2005 11 29 08 CHANGE ORDER 3 DATE April 25 2005 R ps a R2 1 8 PROJECT SevilleSunset Drive Reclaimed Water Project PROJECT NUMBER 02 0103 UT PO REFERENCE NO ST 100283 CONTRACTOR Danella Companies 201 NW12th Avenue Pompano Beach FL 33069 DATE OF CONTRACT 10 25 2004 CODE 031596739 563800 533 0000000 A 0315 96752 563800 533 OO 0000 B 0343 96665 563800 535 000000 C SCOPE OF CHANGE THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT See attached sheet for additionalj decrease items STATEMENT OF CONTRACT AMOUNT ACCEPTED BY Danella Companies Inc ORIGINAL CONTRACT AMOUNT ADM CHANGE ORDER 1 ADM CHANGE ORDER 2 CHANGE ORDER 3 NEW CONTRACT AMOUNT 1 951 550 70 10 798 97 125 400 00 114 44846 2 202 198 13 BY Ron Ritter Vice President SEAL Frank Hibbard Mayor Date Witnesses Bryan Ruff Assistant City Attorney ATTEST Cynthia E Goudeau City Clerk Recommended By City of Clearwater Date CITY OF CLEARWATER in PINELLAS COUNTY FLORIDA Gary A Johnson CGC Public Services Director William B Horne II City Manager Michael D Quillen P E City Engineer Page 2 of 2 Change Order 3 SevilleSunset Reclaimed Water Project 020103 UT ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL Additional Items Code A Return 8 C 900 PVC Pipe 93 1 100 LF 94 10 HDPE Directional Bore 95 Sixteen 16 Delay Claims Total Additional Items 1 4700 Ft 1 Decrease Items Code A 8 Decrease 8 C 900 PVC Pipe Three 3 Credits for Utility 96 Damage Claims Total Decrease Items 4700 Ft 1 Total AdditionaJDecrease Items Code A LS LF LS LF LS 9 763 50 42 12 21 225 08 24 00 1 704 12 9 76350 197 964 00 21 225 08 228 952 58 112 800 00 1 704 12 114 504 12 114 448 46 City Council Cover Memorandum LS l I I C1 Trackina Number 1 333 Actual Date 05 19 2005 Subiect Recommendation Nominate a councilmember for appointment to the WorkNet Pinellas Board for a two year term July 1 2005 to June 30 2007 Summarv WorkNet Pinellas has requested a nominee from the Clearwater City Council Councilmember Hamilton was nominated some time ago but his appointment was not confirmed The Board meets 4 times per year Currently the meetings are scheduled for the 3rd Wednesday of the months of August November February and June The meetings begin at 11 45 and last until approximately 1 30 with lunch being served Each Board member also serves on a committee that meets 4 times a year for aproximately and hour these meetings generally start at 9 00 a m but meeting dates vary Oriainatina Official Rec and Legislative Svc Section Consent Agenda Category Other Number of Hard Cooies attached 0 Public Hearing No Financial Information Other Review Approval Cvndie Goudeau 05 13 2005 10 06 42 c A I City Council A nda Cov r Memo andum II 10 Trackinq Number 1 317 Actual Date 05 19 2005 Subiect Recommendation Authorize an increase on 25 000 in the monetary limit on the contract with the firm of Thompson Sizemore Gonzalez for outside counsel services related to representation in Cynthia Jones v City of Clearwater for a total of 125 000 through mediation and pretrial stages Summary On February 19 2004 the City Council authorized hiring outside counsel for this case The Plaintiff has deposed numerous people and requested significant delays resulting in increased expenses relating to the City s outside counsel above those originally anticipated This matter is scheduled for mediation on May 18 2005 It appears unlikely that this matter will be settled at mediation which will require a trial currently on the docket for July 2005 An additional 25 000 will cover expenses and fees through mediation and into beginning stages of trial preparation if necessary If this matter does go to trial it is highly likely that we will require authorization to allocate additional funds Originating City Attorney Section Consent Agenda Category Agreements Contracts with cost Public Hearing No Financial Information Operating Expenditure Bid Required No Bid Exceptions Sole Source In Current Year Budget Yes Budqet Adiustment No Current Year Cost 25 000 00 For Fiscal Year 10 01 2004 to 09 30 2005 City Council A enda Cover Memorandum Total Cost 25 000 00 Appropriation Code s 0 010 09600 530100 514 00 Amount 25 000 00 Comments Review Approval Pnm Akin 04 28 2005 13 35 49 Tina Wilson 04 29 2005 08 29 10 Cyndie Goudeau 05 09 2005 11 18 58 DEv INS City Council A enda Cover Memorandum Id 1 Trackina Number 1 313 Actual Date 05 19 2005 Subiect Recommendation Pass on first reading Ordinance 7444 05 Amending Appendix A Occupatioiial License Fees Code of Ordinances to provide a 5 increase in fees effective on October 1 2005 Summary Following review and recommendation by the appointed Equity Study Commission in 1995 the City Commission adopted an ordinance that restructured and revised the City s Occupational License fee schedule That restructure was done in accordance with the guidelines set forth by Florida State Statute 205 013 To keep current Florida State Statute 205 0535 allows municipalities to increase Occupational License fee tax rates by up to five percent every other year This requires a majority plus one vote of the governing body Rate increases have occurred in 1997 2000 and 2002 We are looking for a 5 maximum increase in the rates to become effective on October 1 2005 at the start of fiscal year 2005 2006 For fiscal year 2003 2004 the Development and Neighborhood Services Department processed approximately 9 000 occupational licenses for a total of 1 916 059 00 in revenues revenue code 321101 The current 50 0 increase wili generate approximately 95 800 of additional revenues Staff recommends approval of the attached ordinance 7444 05 for a 5 increase in occupational license fee rates in accordance with State Statutes Oriainatinq DeveljNeighborhood Services Section Other items on City Manager Reports Category Code Amendments Ordinances and Resolutions Number of Hard Copies attached 1 Public Hearing Yes Advertised Dates 05 08 2005 Financiallnfnrmatinn Review Aooroval Leslie Douaall Sides 04 26 2005 16 37 05 Cvndie Goudeau 05 10 2005 08 06 21 leff Kronsc hnahl 05 06 2005 10 34 13 Garrv Brumback 05 09 2005 17 18 13 City Council Memorandum Tina Wilson Bill Horne 05 09 2005 13 59 21 05 10 2005 08 00 10 ORDINANCE NO 7444 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA RELATING TO OCCUPATiONAL LICENSE FEES AMENDING APPENDIX A SCHEDULE OF FEES RATES AND CHARGES BY 500 INCREASE IN FEES PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA Section 1 Appendix A Code of Ordinances is amended to read APPENDIX A SCHEDULE OF FEES RATES AND CHARGES XXVIII OCCUPATIONAL LICENSE FEES Category No 001 000 002 000 90 75 003 000 003 010 66 50 003 020 003 030 003 040 003 050 003 070 003 080 003 090 004 000 W1215 25 005 000 005 010 005 020 005 030 005 040 Category Fee ABSTRACT OR TITLE COMPANIES 231 50 243 00 ADMINISTRATIVE OFFICE 86 5 0 ADVERTISING OR MARKETING Agency generaL 63 5 0 Coupon book publisher or distributor See note B 115 50 121 25 Directory or guidebook publisher 115 50 121 25 Handbill or sample distributor 63 50 66 50 Soliciting for publication not listed in city 5425 Outdoor signs advertising for other than the business on the premises 63 50 66 50 Welcome or greeting service 60 50 Trade inducement business NOC 127 25 133 50 ADULT ENTERTAINMENT ESTABLISHMENT See note B See Chapter 41 Article V ll51 AGENT OR AGENCY See also brokers Book or magazine 51 75 54 25 Claim or collection see note B 127 25 133 50 Credit reporting and mercantile 78 75 Employment 78 75 Ordinance 7444 05 005 050 005 060 005 070 005 080 005 090 006 000 006 010 006 020 006 030 006 040 006 050 006 060 007 000 008 000 009 000 010 000 010 010 010 030 011 000 012 000 013 000 014 000 014 010 015 000 016 000 016 010 016 020 016 030 016 031 016 040 016 050 016 051 Manufacturers sales representative NOC 54 25 Private detective or company See note B 127 25 133 50 Property management or leasing 63 50 66 50 Talent see note D 78 75 Travel see note D 865G 90 75 AIRCRAFT See note B requires Engineering Dept approval Charter or rental 12725 133 50 Flying instruction 12725 133 50 Passenger service 12725 133 50 Sales new or used 127 25 133 50 Servicing 127 25 133 50 Storage field or hangar 12725 133 50 AIRPORT see note B 260 25 273 25 ALARM SYSTEM BUSINESS FIRE BURGLARY MEDICAL MONITORING see note B 63 50 66 50 AMBULANCE SERVICE See article III of chapter 25 63 50 66 50 Plus per vehicle 24 00 ANIMALS KenneL 63 50 66 50 Groomer 54 25 APPRAISER See note D for Real Estate 78 75 ARMORED CAR SERVICE See note B 63 50 66 50 Plus per vehicle 24 00 ARTIST 865G 90 75 AUCTIONEER see notes B and D 254 50267 00 Auction gallery See notes B and D 781 00 820 00 AUDITOR 84 75 AUTOMOTIVE Dealership Sale of new and used vehicles 463 00 486 00 Dealer Sale of only used motor vehicles 347 25 364 50 Garage General repairs or replacements See note D for 10 bays or less 865G 90 75 For each additional bay 12 00 Rental Autos trucks recreational vehicles 17350 182 00 Parking lot permanent or temporary 1 10 spaces 30 00 Ordinance 7444 05 2 016 052 016 053 016 060 016 061 016 062 016 070 016 080 016 090 017 000 018 000 019 000 019 010 020 000 021 000 021 010 022 000 022 010 023 000 023 010 023 020 023 030 023 040 023 041 024 000 024 010 024 020 024 030 024 040 024 050 024 060 025 000 026 000 027 000 11 50 spaces 42 25 Over 50 spaces 90 75 Storage 1 50 Spaces 63 50 66 50 Over 50 spaces 12725 133 50 Washing and polishing 30 00 Wrecker or towing service 54 25 Service station per fuel pump 30 00 BAIT DEALER 42 25 BAKERY GOODS RETAIL 63 50 66 50 BANKS including savings and loan associations for each bank location main or branch 289 25 303 50 Automatic teller machines 115 75 121 50 BARTENDER FREE LANCE 60 50 BATHHOUSE see chapter 9 division III 30 00 Technician 63 50 66 50 BEAUTYSALONffiARBERSHOP NAIL SALON TANNING SALON 4600 48 25 Plus or eah chair or booth see Hote D lSG12 00 Manicurist see note D 30 00 BOATS AND BOAT TRAILERS Dealer 115 75 121 50 Repairs and service 72 50 Rental needs Harbormaster approval 42 25 Storage 90 75 Washing and Polishing 30 00 BOATS PASSENGER needs Harbormaster approval 1 15 passengers 4600 48 25 16 25 passengers 63 50 66 50 26 50 passengers SGG 78 75 51 100 passengers 90 75 101 300 passengers 115 75 121 50 Over 300 passengers 231 50 243 00 BOOKKEEPING SERVICE 63 50 66 50 BROADCASTING RADIO AND TELEVISION ST AnON OR STUDIO 127 25 133 50 BROKER each Ordinance 7444 05 3 027 010 027 020 027 030 027 040 027 050 028 000 029 000 030 000 031 000 032 000 033 000 033 010 033 020 033 030 033 040 034 000 035 000 035 010 035 020 035 030 035 040 035 050 035 060 035 070 035 080 035 081 036 000 037 000 037 010 037 020 037 030 038 000 Broker mortgage see note D 63 50 66 50 Broker merchandise 63 50 66 50 Broker stocks bonds etc dealer 190 75 200 25 Broker stocks bonds etc individua1 127 25 133 50 Broker real estate see note D 63 50 66 50 Plus for each additional salesperson 30 00 BUSINESS ADVISORY SERVICES NOC 127 25 133 50 Reserved BUYERS CLUB 115 75 121 50 CATERER 63 50 66 50 CEMETERy CREMATORIUM 231 50 243 00 CLEANING PRESSING AND DYEING Plant 202 25 212 25 Branch collection each 63 50 66 50 Self service or hand laundry f5OO 78 75 Plus per machine l5 1 10 Carpet cleaning on site 63 50 66 50 COIN AND OR STAMP DEALER see note B 63 50 66 50 COMMERCIAL RECREATIONIENTERTAINMENT NOC 463 00 486 00 Dealer or leaser of amusement machines 127 25 133 50 Miniature golf 63 50 66 50 Per game machine ride excluding dealer 40 25 Entertainer each 63 50 66 50 Skating rink shuffleboard archery range or golf course 127 25 133 50 Billiard parlor 84 75 Per additional table 12 00 Reserved Theaters with up to 150 seats 289 25 303 50 Theaters with 150 or more seats 636 50 668 25 CONSULTANT NOC 90 75 CONTRACTORS GENERAL CONSTRUCTION Class A general see note D 289 25 303 50 Class B building see note D 202 25 212 25 Class c residential see note D 115 75 121 50 CONTRACTORS OR SUBCONTRACTORS NOT GENERAL Ordinance 7444 05 4 038 010 038 020 038 021 038 022 038 030 038 040 038 050 038 060 038 070 038 080 038 090 038100 038 110 038 120 038 130 038 140 038 150 038 160 038 170 038 180 038190 038 200 038 210 038 220 038 230 038240 038 250 038 260 038 270 038 280 038 290 038 300 038 310 038 320 038 330 038 340 038 350 038 360 038 370 038 380 038 390 038400 038410 038420 038430 038440 038450 038460 Acoustics 63 50 66 50 Air conditioning contractor Class A See note D 173 50 182 00 Air conditioning contractor Class B See note D 115 75 121 50 Air conditioning contractor Class C See note D 84 75 Alarm systems specialty See note D 6 6650 Aluminum See note D 63 50 66 50 Awning shades and blinds 54 00 Boiler 63 50 66 50 Carpentry See note D 63 50 66 50 Cabinetry and millwork 63 50 66 50 Communication systems specialty See note D 63 50 66 50 Demolition building See note D 63 50 66 50 Dredging 63 50 66 50 Drywall See note D 63 50 66 50 Electrical see note D 173 50 182 00 Excavating including filling grading and land clearing 63 50 66 50 Elevator See note D 63 50 66 50 Exterminator See note D 63 50 66 50 Fence erection See note D 63 50 66 50 Fire sprinkler system building See note D 63 50 66 50 Flat work masonry specialty See note D 63 50 66 50 Floor covering laying sanding finishing 63 50 66 50 Gas natural See note D 63 50 66 50 Gas liquid petroleum See note D 6350 66 50 Garage door and operator installation See note D 63 50 66 50 Glass and glazing See note D 6350 66 50 Gunite and sandblasting 63 50 66 50 Hauling trucking or moving 63 50 66 50 House moving FDOT 63 50 66 50 Installation NOC 63 50 66 50 Insulation 63 50 66 50 Irrigation systems specialty See note D 63 50 66 50 Janitorial service 63 50 66 50 Landscapingtree surgery 63 50 66 50 Lawn yard and garden care 42 25 Low voltage systems specialty See note D 63 50 66 50 Maintenance work NOC 63 50 66 50 Marble setting includes tile See note D 63 50 66 50 Marine specialty See note D 63 50 66 50 Mechanical contractor See note D 173 50 182 00 Mobile home setup specialty See note D 63 50 66 50 Ornamental iron work 63 50 66 50 Painting including paperhanging See note D 63 50 66 50 Paper hanging only 63 50 66 50 Partitions movable 63 50 66 50 Paving See note D 63 50 66 50 Pile driving See note D 63 50 66 50 Pipeline See note D 63 50 66 50 Ordinance 7444 05 5 038470 038480 038490 038 500 038 510 038 520 038 530 038 540 038 550 038560 038 570 038 580 038 590 038 600 038 610 038 620 038 630 038 640 038 641 038 642 038 650 038 660 038 670 038 680 038 690 038 700 038 710 038 720 039 000 040 000 040 010 041 000 042 000 043 000 044 000 045 000 046 000 047 000 Plaster and stucco specialty see note D 63 50 66 50 Plumbing See note D 17350 182 00 Pollutant storage systems gasoline oil etc See note D 63 50 66 50 Pressure cleaning 63 50 66 50 Pre stressed precast concrete specialty See note D 63 50 66 50 Refrigeration commercial and industrial See note D 63 50 66 50 Reinforcing steel specialty See note D 63 50 66 50 Roofing See note D 63 50 66 50 Septic tank sewer cleaning 63 50 66 50 Sheet metal See note D 63 50 66 50 Shutter and opening protectives See note D 63 50 66 50 Signs electrical See note D 63 50 66 50 Signs nonelectrical See note D 63 50 66 50 Solar See note D 63 50 66 50 Steel reinforcing See note D 63 50 66 50 Structural masonry specialty See note D 63 50 66 50 Structural steel See note D 63 50 66 50 Swimming pool residential See note D 63 50 66 50 Swimming pool commercial See note D 63 50 66 50 Swimming pool service and maintenance See note D 63 50 66 50 Tile and marble specialty See note D 63 50 6650 Underground utility See note D 63 50 66 50 Veneer specialty See note D 63 50 6650 Water softener installation and service 63 50 66 50 Welding requires certification 63 50 66 50 Well drilling Requires certification from SWFWMD 63 50 66 50 Window cleaning 40 25 42 25 Wrecking and dismantling other than building 63 50 66 50 COSTUME OR CLOTHING RENTAL 54 25 DATA PROCESSING CONSULTANTPROGRAMMER 90 75 Data processing software 63 50 66 50 DATINGIROOMMATE SERVICE See note B 127 25 133 50 DECORATOR INTERIOR 63 50 66 50 DELIVERYIMESSENGER SERVICE includes first vehicle 63 50 66 50 Plus per each additional vehicle 24 00 DESIGNER INDUSTRIAL See note D 63 50 66 50 DISC JOCKEY FREE LANCE 63 50 66 50 DIVER 60 50 DRAFTSMAN 90 75 Ordinance 7444 05 6 048 000 049 000 049 010 050 000 051 000 052 000 053 000 053 010 053 020 053 030 053 040 053 050 053 060 054 000 055 000 056 000 057 000 058 000 058 010 058 020 058 030 058 031 058 040 058 050 059 000 059 010 060 000 061 000 ELECTRIC POWER COMPANY 173 50 182 00 EQUIPMENT RENTAL small tools or appliances 63 50 66 50 Equipment rental large heavy duty 12725 133 50 FLORIST 63 50 66 50 FREE SERVICE BUREAU 84 75 FURNITURE REFINISH REUPHOLSTER CLEAN AND REPAIR 63 50 66 50 GROUP CARE FACILITIES Congregate care 21 or more clients 173 50 182 00 Convalescent nursing home 173 50 182 00 Family care home 1 6 clients 4045 42 25 Group care level I7 14 clients 54 25 Group care level II 15 20 clients 8015 84 75 Group care level III 1 20 special treatment 9800 102 75 GUNS See note B requires federal firearms license dealer includes repair 127 25 133 50 HEARING AID AGENT OR DEALER f400 77 50 HOSPITAL 254 50 267 00 INCOME TAX PREP ARER 63 50 66 50 INSURANCE Per each company class and type ofinsurance 90 75 Adjuster 78 75 Agency includes 1 principal owner manager or agent 63 50 66 50 Plus per agent 30 00 Reserved Agent independent 90 75 ITINERANT OR PERMANENT KNIFE TOOL SHARPENER 30 00 Itinerant agriculture peddler 4045 42 25 KINDERGARTEN NURSERY OR DAY CARE See notes B and D 5425 LABORATORY includes dental medical research analytical photo chemical testing etc 96 75 Plus per employee 24 00 Ordinance 7444 05 7 062 000 063 000 064 000 303 25 065 000 066 000 067 000 068 000 068 010 068 020 068 030 068 040 068 050 068 060 068 070 068 080 069 000 069 010 070 000 070 010 070 020 070 030 070 040 070 050 070 060 070 070 070 080 070 090 070 100 070 110 070 120 071 000 071 010 071 020 LAND DEVELOPERS 127 25 133 50 LECTURER AND INSTRUCTOR 84 75 LOAN FINANCE OR CONSUMER DISCOUNT COMPANY See note D 289 2 5 LOCKSMITH See note B 54 25 MAIL ORDER ESTABLISHMENT 63 50 66 50 MAILING PACKAGING ADDRESSING FAXING 63 50 MANUFACTURING FABRICATING PROCESSING COMPOUNDING 1 employee including owner 51 75 2 4 employees including owner 5 10 employees including owner 103 75 11 25 employees including owner 12725 26 50 l11ployees including owner 190 75 51 100 employees including owner 254 50 10 1 500 employees including owner 289 25 Over 500 employees including owner 474 50 66 50 54 25 78 75 108 75 133 50 200 25 267 00 303 50 498 00 MASSAGE establishment See note D and Chapter 9 72 50 Massage therapist each See note D and Chapter 9 42 25 MERCHANT OR MERCHANDISING See note B for sale of used merchandise Inventory value 1 000 00 or less Over 1 000 00 but less than 2 000 00Over200000butlessthan300000 6350 3 000 00 and over 63 50 Plus per 1 000 00 or any fraction thereof over 3 000 49G Mobile tool sales 127 25 Antiques used merchandise See note B 63 50 Merchant temporary permanentlocation Merchant itinerant permanent location 173 50 Merchant show or flea market per exhibitor includes food vendors per eventshow 925 9 70 Downtown conventionexhibition center 3472 55 3646 00 Hardware Store or Lumber Yard with an inventory value less than 100 000 00 220 50 231 50 Merchant ice cream truck See notes Band D 55 00 42 25 54 25 66 50 66 50 5 10 133 50 66 50 60 00 182 00 Mobile homes Dealer new or used sales and service 12725 133 50 Park renta1 84 75 Ordinance 7444 05 8 071 030 072 000 072 010 073 000 074 000 074 010 074 020 075 000 075 010 075 020 075 030 076 000 077 000 077 010 077 020 078 000 079 000 079 010 080 000 081 000 082 000 083 000 084 000 084 010 084 020 084 030 084 040 084 041 084 050 084 060 084 070 Plus per space over 25 3 90 Transport service if independent of city licensed dealer or Manufacturer 78 75 MOTORCYCLE dealer 96 75 Motorcycle scooter or bicycle rental 63 50 66 50 MOVING TRANSFER COMPANY See note B 103 75 108 75 MUSIC MACHINES JUKE BOX COIN OPERATED not amusement or vending machines Dealer or lessor 127 25 133 50 Operator or lessee each machine 42 25 NEWSPAPER PERIODICAL OR NEWSLETTER Less than 6 issues per week 90 75 6 Or more issues per week 254 50 267 00 Agency or bureau 127 25 133 50 NURSERY PLANTS See note D 63 50 66 50 PATROL NIGHT PATROLMAN OR PRIVATE WATCHMAN Firm See note B 90 75 Individual See note B 42 25 PAWN BROKER See note B 381 75 400 75 PETROLEUM PRODUCTS wholesale 254 50 267 00 Petroleum products deliver sale includes LP 127 25 133 50 PHOTOGRAPHY See note B 63 50 66 50 PIANO TUNER 30 00 PLATING OR ANODIZING METAL 63 50 66 50 PRINTING PUBLISHING ENGRAVING LITHOGRAPHING AND BINDING includes blueprinting services 72 50 PROFESSION per licensee and per location Accountant See note D ifCPA 115 75 121 50 Architect See note D 115 75 121 50 Attorney See note D 115 75 121 50 Chiropractor See note D 115 75 12150 Counselor social worker See note D 90 75 Court reporter 90 75 Dental hygienist See note D 90 75 Dentist See note D 115 75 121 50 Ordinance 7444 05 9 084 090 084 100 084 11 0 084 120 084 130 084 140 084 150 084 160 084 170 084 180 084 190 084 200 084 210 084 220 084 230 085 000 086 000 087 000 088 000 089 000 089 010 089 020 090 000 090 010 091 000 092 000 093 000 093 010 093 020 093 030 093 040 093 050 093 060 093 070 093 080 Designer interior See note D 115 75 121 50 Embalmer funeral director undertaker See note D 115 75 121 50 Engineer See note D 115 75 121 50 Homeopathic physician 115 75 121 50 Occupational therapist See note D 115 75 121 50 Reserved Optician including sale oflenses and frames See note D 115 75 121 50 Optometrist See note D 115 75 121 50 Reserved Physician See note D 115 75 121 50 Physiotherapist See note D 115 75 121 50 Profession NOC 115 75 121 50 Psychologist See note D 115 75 121 50 Surveyor See note D 115 75 121 50 Veterinarian See note D 115 75 121 50 PROMOTER PROMOTIONS See note B Iftemporary per event 231 50 243 00 RAILROAD 260 25 273 25 RECORDING STUDIO 63 50 66 50 REFUSE COLLECTION Ac D DISPOSAL SERVICE See note Band Sec 32 292 City Code 26025 273 25 REFUSE MACHINE COMPACTING AND OR BINDING Owner or lessor 254 50 267 00 Operator or lessee 115 75 121 50 RENTAL NOC See note B 63 50 66 50 Hallfacility property nonresidential use See note B 115 75 121 50 RENTAL UNITS 2 or more 30 00 Plus per unit over 5 t6G 170 REPAIR AND SERVICE NOC includes handyman 5425 Plus for each employee other than owner ll5G12 00 RESTAURANT See note D and Note B for alcoholic beverage sales 1 10 seats 42 25 11 25 seats 63 50 66 50 26 50 seats 127 25 133 00 51 100 seats 190 75 200 25 101 or more seats 254 50 267 00 Snack bar soda fountain 54 25 Concession standvendor per location or unit 54 25 Canteen wagon or truck per mobile unit 60 50 Ordinance 7444 05 10 093 090 093 100 093110 094 000 095 000 096 000 097 000 098 000 098 500 099 000 099 010 099 020 100 000 Drive in or drive throughtake out or de1ivery 90 75 Nightclubbar tavemcabaret1ounge See note B see adult use entertainment see commercial recreationentertainment entertainers 254 50 267 00 Dancing area 54 25 SCHOOLS TRADE STUDIO AND INSTRUCTION See note D also see note B for dancing or charm schools 63 50 66 50 SECRETARIAL SERVICE includes stenographers 63 50 66 50 SEWING DRESSMAKER SEAMSTRESS TAILOR etc 54 25 SHOE REPAIR OR BOOT BLACK STAND 54 25 SITTING HOUSE PLANT PET See note B 60 50 SPECIAL EVENTS CITY SPONSORED Per day per exhibit ll1 20 STORAGEWAREHOUSING Indoor per 1 000 square feet minimum 50 fee 12 00 Outdoor per 1 000 square feet minimum 50 fee BOO 24 00 TATTOO PARLORS See note D and Florida State Statute 877 04 115 75 121 50 101 000 TAXICAB COMPANY includes first vehicle See notes B and Chapter 25 63 50 66 50 Plus for each additional vehicle BOO 24 00 102 000 103 000 103 010 103 020 103 030 103 040 103 050 104 000 105 000 105 010 105 020 106 000 T AXIDERMIST 54 25 TELEPHONE AND TELEGRAPH Telephone company 260 25 273 25 Each branch office 36 00 Telephone business private includes 900 service see note B 6350 66 50 Telephone solicitation See notes B and D 63 50 66 50 Telephone answering service 63 50 66 50 TOILETS PORTABLE SERVICE 115 75 121 50 TRAILER CARGO for boat trailers see boats Trailer cargo sales and service 63 50 66 50 Trailer cargo rental 54 25 TRANSIT OR READY MIX CEMENT AND CONCRETE25450 267 00 This license required of any distributor making deliveries and or sales within city limits Ordinance 7444 05 Ii regardless oflocation of plant 107 000 TRANSPORTATION SERVICES bus station interstate chartered limousine sightseeing See chapter 25 see note B 243 00 255 00 108 000 VACUlJM CLEANER SALES AND SERVICE 63 50 66 50 109 000 VALET PARKING 60 50 110 010 110 020 VENDING MACHINES excluding amusement music machines cigarette or stamp machines Dealer or leaser 63 50 66 50 Operator or lessee per machine ll512 00 110 000 111 000 VIDEO OR FILM RENTALS 63 50 66 50 112 000 WRECKING yARD 254 50 267 00 113 000 UNCLASSIFIED every business ocrupation profession or exhibition substantially fixed or temporarily engaged in by any person within the city and for which no license has been ordained and not herein specifically designated See note B 127 25 133 50 OTHER RELATED OCCUPATIONAL LICENSE FEES CHARGES The DUPLICATE LICENSE FEE shall be 15 75 16 50 The MINIMUM occupational tax shall be 25 00 State Statute PENALTY DELINQUENT AND ADMINISTRATIVE FEES The PENALTY FEE operating prior to obtaining a license shall be equal to 25 percent of the established fee The DELINQUENT FEE shall be ten percent for the month of October plus five percent for each month of delinquency not to exceed 25 percent of the established occupational license tax In addition to penalty fee the administrative fee shall be two times the normal fee with a maximum of 250 00 per license on accounts not paid by January 3151 following the renewal notice The REGISTRATION FEE shall be 26 25 27 50 A TRANSFER FEE shall be up to 10 ofthe annual license tax but not less than 3 or more than 25 00 Notes A Requires approval by the city commission B Requires city police department recommendation The applicant shall complete a background information report executed under oath and shall submit to a background investigation Ordinance 7444 05 12 r photograph and fingerprints The recommendation shall be based upon the criteria set forth in section 2941 6 and shall include a statement of the facts upon which the recommendation is based C RESERVED D Requires inspection approval or license of state or county authority NOC Not otherwise classified Section 2 This ordinance shall take effect on October 1 2005 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Cynthia E Goudeau City ClerkLeslieDougallSides Assistant City Attorney Ordinance 7444 05 13 City Council m m m ovelM ra ndu m ED I IJ d Tracking Number 1 314 Actual Date Subject Recommendation Adopt resolution No 05 19 authorizing a governmental loan from funds provided to the City by the United States Environmental Protection Agency as part of the Brownfields Cleanup Revolving Loan Fund Program for cleanup of the Clearwater Automotive Salvage Yard Summarv In October 1999 the Commission authorized the City Manager to sign a Loan Fund Agreement and Work Plan for the 500 000 award received from the United States Environmental Protection Agency for the Clearwater Brownfields Cleanup Revolving Loan Fund BCRLF Remaining funds available from this award is 442 18743 with 350 000 00 earmarked for loans The BCRLF was structured to provide low interest loans to parties interested in the redevelopment of environmentally impaired properties The BCRLF also allows government entities to loan to itself but requires a City resolution The City desires to set forth the basis for the use of such funds as received from EPA for the Clearwater Automotive Salvage site currently owned by the City The City has determined that it is in a better position to convey the Site to a developer or other private entity if it provides for the environmental cleanup of the Site The city agrees that it will require the developer person or entity to whom the Site is conveyed following the environmental cleanup to pay the city the necessary amount so appropriated from the BCRLF as part of the sale agreement The funds awarded by EPA to the City expire September 30 2005 however we will be requesting from EPA approval for a one year extension The loan amount will have a zero interest rate and shall be repaid from a amounts repaid to the City from the private developer or another party to whom the City ultimately conveys the Site following the environmental cleanup provided for herein or b to the extent that the property is unable to be sold after a reasonable time within five years of the completion of the environmental cleanup provided for herein and payment is not otherwise provided for the general funds of the City through budget appropriations in subsequent years so that such BCRLF may be made available by the City for the environmental cleanup of the other sites Originatinq Economic Development and Housing Section Other items on City Manager Reports Cateqorv Code Amendments Ordinances and Resolutions Number of Hard Cooies attached 2 Financial Information Review Approval Geraldine Camoos 04 25 2005 17 38 57 Tina Wilson 05 10 2005 14 51 25 Geraldine Camoos Cvndie Goudeau Leslie Dougall Sides City Council Ag Ia C M d 04 25 2005 17 40 01 05 12 2005 15 17 22 04 26 2005 16 30 51 RESOLUTION NO 05 19 A RESOLUTION OF THE CITY OF CLEARWATER FLORIDA AUTHORIZING THE USE OF UP TO 350 000 FROM FUNDS PROVIDED TO THE CITY BY THE UNITED STATE ENVIRONMENTAL PROTECTION AGENCY AS PART OF THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND PROGRAM TO PROVIDE FOR THE CLEANUP OF THE CLEARWATER AUTOMOTIVE SITE OWNED BY THE COMMUNITY REDEVELOPMENT AGENCY AND PROVIDING THE BASIS FOR THE REPAYMENT OF THE FUNDS BY THE REDEVELOPER OR OTHER PRIVATE ENTITY WHO ULTIMATELY OCCUPIES THE SITE OR OTHERWISE BY THE CITY SUBJECT TO CERTAIN CONDITIONS PROVIDING AN EFFECTIVE DATE WHEREAS the property located at 205 317 319 South Martin Luther King Avenue and 312 S Washington Avenue the Site in the City of Clearwater is located in a community redevelopment area as lawfully established and WHEREAS a Community Redevelopment Agency has been established and is authorized to exercise the extensive and broad redevelopment powers contained in the Community Redevelopment Act of 1969 Florida Statutes Chapter 163 Part III the Act and WHEREAS the City of Clearwater is the custodian of funds and lending institution pursuant to the Brownfields Cleanup Revolving Loan Fund BCRLF established and WHEREAS the City desires to utilize certain funds to be provided to the City by the United States Environmental Protection Agency the EPA as part of the Brownfields Cleanup Revolving Loan Fund the BCRLF to assist the CRA in the exercise of such redevelopment powers as contained in the Act in order to provide for the environmental cleanup of the Site so that it is available to developers and other private parties for economic redevelopment of the site consistent with the Act and WHEREAS such funds will be provided by the EPA to the City as needed to meet specific expenses properly incurred by the CRA in connection with contracts entered into directly by the CRA for the environmental cleanup of the Site and WHEREAS the Site is or will be by the date of BCRLF loan closing owned by the CRA which is in a better position to convey the Site to a developer or other private entity if the CRA provides for the environmental cleanup of the Site and Resolution No 05 19 WHEREAS there will be money available within the BCRLF in Account 181 99802 for such purposes when needed and WHEREAS the City desires to set forth the basis for the use of such funds as received from the EPA for the Site and the method of repaying such funds into the BCRLF now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA Section 1 The City is hereby authorized and directed to appropriate funds available or to be made available by the EPA in the BCRLF to the CRA in the amount of up to 350 000 00 for the purposes of providing for the environmental cleanup of the Site Section 2 As part of the use of such funds the City hereby incorporates by reference the requirements and conditions of the EPA as contained in the Cooperative Agreement between the City and the EPA in connection with the establishment of the BCRLF and summarized in the attached Exhibit 1 including the requirement that the cleanup be completed within one year of the commencement thereof unless otherwise extended by the EPA The City also agrees that it and or the CRA shall provide in any contract for such environmental cleanup any language required by the EPA in connection therewith Section 3 The funds so appropriated by the City from the BCRLF and utilized by the CRA for this purpose shall be repaid to such BCRLF by the City or the CRA either from a amounts repaid to the City or the CRA from the private developer or another party to whom the CRA ultimately conveys the Site following the environmental cleanup provided for herein b TIF funds c the General Fund of the City through budget appropriations in subsequent years so that such BCRLF may be made available by the City for the environmental cleanup of the other sites the property is unable to be sold after a reasonable time within five years of the completion of the environmental cleanup provided for herein d other means legally sufficient and approved by EPA Any payment from the City of Clearwater General Fund is subject to the annual appropriations process Section 4 The City agrees that it will require the CRA to in turn require the developer or other person or entity to whom the Site is conveyed following the environmental cleanup herein authorized to pay the City the necessary amount to repay into the BCRLF the amount appropriated herein for the cleanup of the Site as part of the Contract for Purchase and Sale 2 Resolution No 05 19 Section 5 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this day of 2005 Frank V Hibbard Mayor Approved as to form Attest Leslie K Dougall Sides Assistant City Attorney Cynthia E Goudeau City Clerk 3 Resolution No 05 19 Resolution No 05 19 Exhibit 1 Brownfields Cleanup Revolving Loan Fund Summary of Requirements Conduct BCRLF response activities in accordance with the cooperative agreement and CERCLA and consistent with the NCP for the percentage of funds originating from EPA ELIGIBLE ACTIVITIES Clearwater BCRLF pilot funds will be used for environmental cleanup activities on contaminated redevelopment sites in the City s designated Brownfields area BCRLF cleanups will meet the NCP requirements identified for non time critical cleanup actions i e cleanup actions for which a planning period of at least 6 months exists These include actions associated with removing mitigating or preventing the release or threat of a release of a hazardous substance pollutant or contaminant BRCLF pilot funds may be used to clean up sites with an actual release or substantial threat of a release of hazardous substance or at sites which pose a substantial danger to the public health or welfare BCRLF pilot loan funds may be used for site monitoring activities that are reasonable and necessary during the cleanup process BCRLF funds may be used for costs associated with meeting public participation worker health and safety and interagency coordination requirements INELIGIBLE ACTIVITIES Clearwater BCRLF money from EPA will not be used on site assessment identification and characterization remediation of a naturally occurring substance or public or private drinking water supplies that have deteriorated through ordinary use development activities that are not removal actions e g construction of a new facility marketing of property or job training remedial actions at sites listed or proposed for listing on the USEPA National Priorities List remedial actions at sites subject to ongoing Federal or State enforcement actions or remedial actions at Resource Conservation and Recovery Act RCRA permitted or interim status facilities Clearwater BCRLF money from EPA will not be given to a party which is determined to be a generator or transporter of contamination at a brownfields site s for work on that site EPA BCRLF Pilot funds will not be used to clean up products that are part of the building structure and result in exposure within the structure Resolution No 05 19 Exhibit 1 Brownfields Cleanup Revolving Loan Fund Summary of Requirements EPA funded BCRLF Pilot funds will not be used for cleanup at site contaminated by petroleum products unless they are believed to be co mingled with a hazardous substance pollutant or contaminant OTHER REQUIREMENTS BCRLF cleanups will meet the National Contingency Plan public participation requirements including ensuring the availability of documents providing adequate public comment periods and designating a spokesperson to inform the community of actions concerning the site Document use of all funds maintaining records which segregate expenditures from Federal and non Federal sources Federal expenditures are subject to Federal regulations governing the use of federal money Maintain documentation for a minimum of 10 years after the completion of the cleanup activity supported by the loan or for the length of the loan whichever is longer and obtain written approval from EPA prior to disposing ofrecords Use of no more than 15 percent ofthe loan for allowable administrative activities Upon selection of a site for cleanup under the cooperative agreement provide EPA with a site description including location of site physical characteristics of site i e geology proximity to drinking water supplies nature of release at site i e contaminant type and affected media past response actions at site and response actions still required at site Prior to the disbursement of funds an acceptable loan application package must be completed This application includes a Memorandum of Agreement with Atlanta DEP The Application Package will include BSRA and certification that the response activities have been coordinated with other State agencies and will identify the contact names for site project management and for coordination with the State offices In addition the application package will include a site specific Community Relations Involvement Plan a site specific Health and Safety Plan and a site specific Quality Assurance Project Plan Projects funded by EPA money through the BCRLF must comply with applicable federal regulations regarding procurements conflicts of interest political activities and hiring of personnel federal state and local laws regulations and ordinances including the following Resolution No 05 19 Exhibit 1 Brownfields Cleanup Revolving Loan Fund Summary of Requirements 1 Title VI of the Civil Rights Act of 1964 Public Law 88 352 42 U S C Section 2000 d which prohibits discrimination on the basis ofrace color or national origin 2 Section 504 of the Rehabilitation Act of 1973 29 D S C Section 794 which prohibits discrimination on the basis of handicap 3 The Age Discrimination Act of 1975 enacted as an amendment to the Older Americans Act Public Law 94 135 which prohibits unreasonable discrimination based on age and 4 Title IX of the Education Amendments of 1972 20 D S C Section 1681 et seq which prohibits discrimination on the basis of sex in education programs and activities including those not offered or sponsored by an education institution 5 Federal Fair Labor Standards Act 29 U S C Section 201 which sets minimum wage and maximum hours 6 Section 114 of the Clean Air Act as amended 42 D S C Section 1857 et seq and Section 308 of the Federal Water Pollution Control Act 33 D S C Section 1857 et seq as well as other applicable requirements specified in said Acts and all regulations and guidelines issued thereunder 7 Executive Order 11990 relating to the protection of wetlands 8 Executive Order 11988 relating to flood plain management 9 National Environmental Policy Act of 1969 Public Law 91 190 and Executive Order 11514 Protection and Enhancement of Environmental Quality as amended by Executive Order 11991 10 Section 106 ofthe National Historic Preservation Act of 1966 as amended 15 U S C Section 470 Executive Order 11593 and the Archeological and Historic Preservation Act of 1966 16 U S C Section 469a l et seq by consulting with the State Historic Preservation Officer as necessary to identify properties which may suffer adverse effects as a result of this project 11 Executive Order 11246 s equal opportunity clause all contracts and subcontracts which have or are anticipated to yield in excess of 10 000 within 12 months in carrying out the project will include this clause 12 Coordination with identified State agencies CGS l City Council A enda Cover Memorandum Jd 3 Trackinq Number 1 304 Actual Date 05 19 2005 Subiect Recommendation Adopt Resolution 05 24 and approve and accept an Interlocal Agreement Franchise with the City of Safety Harbor in order to provide natural gas service to the citizens of Safety Harbor and authorize the appropriate officials to execute same Summary On May 2 2005 the City of Safety Harbor Commission approved as Ordinance 2005 08 the Interlocal Agreement with the City of Clearwater which provides a franchise for the Clearwater Gas System to provide natural gas service in Safety Harbor The Clearwater Gas System has provided service within the City of Safety Harbor for over 45 years under two prior franchises The Interlocal Agreement provides the City of Clearwater an additional 30 year non exclusive right to continue to construct operate and maintain all facilities necessary to supply natural gas to the City of Safety Harbor The Interlocal Agreement provides for a 6 franchise fee to be paid by all residential and commercial consumers of natural gas within the City of Safety Harbor but excludes collections of franchise from industrial consumers To comply with the City of Safety Harbor Charter this Agreement provides provisions for purchase of the gas system facilities within the City limits of Safety Harbor at the end of the 30 year franchise period This provision is the same as Progress Energy Florida s last franchise with Safety Harbor There are provisions to shorten the term of this franchise and remove the buy out provisions should this buy out requirement in the Safety Harbor Charter be removed within the term of this Agreement Oriqinatinq Gas System Section Other items on City Manager Reports Categ9 ry Agreements Contracts without cost Public Hearina No Financial Information Review Aooroval Chuck Warrinaton 04 25 2005 16 22 16 Garrv Brumback 05 09 2005 11 01 20 LilLJri l Linowski 04 28 2005 16 02 49 Bill Horne 05 09 2005 11 21 39 City Council Memorandum Cvndie Goudeau 05 09 2005 13 36 32 RESOLUTION NO 05 24 A RESOLUTION OF THE CITY OF CLEARWATER FLORIDA ACCEPTING THE FRANCHISE PRIVILEGE AND CONCESSION OF THE CITY OF SAFETY HARBOR FLORIDA FOR THE PURPOSE OF FURNISHING GAS WITHIN THE CITY OF SAFETY HARBOR AND TO ITS INHABITANTS PROVIDING AN EFFECTIVE DATE WHEREAS renewal of a gas system franchise has been approved by the adopting of Ordinance No 2005 08 of the City of Safety Harbor on May 2 2005 a copy of which is attached to this resolution and incorporated hereln by reference and WHEREAS the terms and conditions of the gas system franchise are acceptable now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA Section 1 The terms and conditions of the gas system franchise privilege and concession granted by the City of Safety Harbor Florida by the adoption of Ordinance No 2005 08 of the City of Safety Harbor are hereby accepted and the City Council of the City of Clearwater does hereby agree to comply with the terms and conditions of the franchise and with all reasonable ordinances adopted by the City Commission of the City of Safety Harbor not inconsistent with the franchise Section 2 This resolution shall take effect immediately upon adoption Upon adoption of this resolution the City Clerk shall deliver a certified copy to the City Clerk of the City of Safety Harbor PASSED AND ADOPTED this day of 2005 Frank V Hibbard Mayor Commissioner Approved as to form Attest Cynthia E Goudeau City Clerk Laura Lipowski Assistant City Attorney Resolution No 05 24 ORDINANCE NO 2005 08 AN ORDINANCE OF THE CITY OF SAFETY HARBOR FLORIDA A FLORIDA MUNICIPAL CORPORATION HEREINAFTER SAFETY HARBOR GRANTING TO THE CITY OF CLEARWATER FLORIDA ITS LEGAL REPRESENTATIVES SUCCESSOR AND ASSIGNS HEREINAFTER CLEARWATER A NON EXCLUSIVE GAS FRANCHISE RELATING TO THE OCCUPANCY OF RIGHTS OF WAY IN THE CITY OF SAFETY HARBOR FOR THE PURPOSE OF PROVIDING GAS SERVICES AND IMPOSING CERTAIN CONDITIONS RELATING THERETO PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS it is in the best interests of the citizens of SAFETY HARBOR to be provided gas service whenever and wherever feasible and W HER E A S pursuant to Chapters 166 and 180 Florida Statutes CLEARWATER has the power and the present capability to provide such gas services in SAFETY HARBOR and WHEREAS SAFETY HARBOR and CLEARWATER wish to set forth the grants and conditions with respect to the provisions of such gas service to those areas within the corporate limits of SAFETY HARBOR and SAFETY HARBOR desires by virtue hereof to grant a franchise to CLEARWATER SECTION 1 PURPOSE The parties acknowledge that CLEARWATER has the legal authority pursuant to Florida Statutes to provide gas service and further that SAFETY HARBOR upon appropriate exercise of its powers could also provide such service SAFETY HARBOR and CLEARWATER have determined it is in the best interests of both parties and their citizens for CLEARWATER to provide gas service within the corporate limits of SAFETY HARBOR as defined herein SECTION 2 INTERPRETATION OF RECITALS The recitals and findings contained above are hereby incorporated herein 1 SECTION 3 TERM GRANT ASSOCIATED OPTION TO PURCHASE GRANTEE S GAS FACILITIES NON EXCLUSIVE FRANCHISE DEFINITION OF GAS Except as otherwise provided herein for a period of thirty 30 years from the effective date of this agreement SAFETY HARBOR its successors and assigns do hereby agree and give and grant to CLEARWATER its successors and assigns any necessary right and authority to exercise the power to furnish gas and to construct operate Clnd maintain within the corpor te limits of SAFETY HARBOR all facilities required by CLEARWATER to supply gas to SAFETY HARBOR its inhabitants and the places of business located within SAFETY HARBOR S corporate limits and other customers and areas now or hereafter supplied or to be supplied gas by CLEARWATER At the end of such thirty 30 year term as provided below SAFETY HARBOR shall have the right to purchase CLEARWATER S facilities located within SAFETY HARBOR S municipal boundaries except lines and facilities used to provide service to other communities and associated facilities as provided in this Section Any exercise by SAFETY HARBOR of the purchase rights under this section shall require SAFETY HARBOR to purchase all facilities subject to purchase and not a portion thereof THE PARTIES MUTUALLY DECLARE AND ACKNOWLEDGE THAT THE 3D YEAR TERM OF THIS FRANCHISE AND SAFETY HARBOR S RIGHT TO PURCHASE ARE INEXTRICABLY LINKED AND THAT CLEARWATER WOULD NOT HAVE AGREED TO GRANT THE RIGHT TO PURCHASE HEREIN BUT FOR THE FACT THAT THIS FRANCHISE PROVIDES FOR A 3D YEAR TERM THE PROVISIONS OF THIS SECTION ARE NOT SEVERABLE FROM EACH OTHER SAFETY HARBOR must give notice of its desire to invoke this section no later than two 2 calendar years prior to the expiration of this franchise and no earlier than three 3 months prior to that date If SAFETY HARBOR does not give such timely notice SAFETY HARBOR S right to purchase shall expire and be of no further 2 force and effect If such notice is timely given the parties shall first meet and attempt to negotiate an agreed value for such facilities If the parties do not agree on a value within ninety 90 days after the date of the notice by SAFETY HARBOR either party may demand that the value be established in arbitration pursuant to the Florida Arbitration Code presently Chapter 682 Florida Statutes or such other similar law as may exist at the time of arbitration Arbitration shall occur within 180 days after the demand therefor The parties shall use their best efforts to comply with all of the time limits established in this Section The arbitration shall be conducted before three 3 arbitrators mutually agreed to by the parties Unless otherwise then agreed by the parties each arbitrator shall be chosen from an American Arbitration Association panel having specialized experience in the gas energy business If such a specialized panel does not exist then each arbitrator shall be chosen from lists of individuals provided by the American Arbitration Association If the parties cannot agree on three arbitrators but have agreed on two the two arbitrators shall mutually select the third arbitrator from the above AAA panel If the parties cannot agree on at least two arbitrators or if the two arbitrators cannot agree on a third arbitrator either party may apply to a court of competent jurisdiction to appoint the arbitrator s necessary to constitute the three arbitrator panel Each party may suggest candidate arbitrators to the Court Absent the parties agreement the Court may not appoint an arbitrator who is a resident or employee of or contractor to either party hereto or who is an owner or manager of a business located within either city The Court shall appoint any such arbitrator s from the above AAA panel or American Arbitration Association provided listings of individuals The Arbitrators shall issue their decision within thirty 30 days of the conclusion of the arbitration hearing 3 The arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association AAA or such similar rules of the AAA as may exist at the time of arbitration The parties may mutually modify or waive any such AAA rules at any time and substitute additional or new rules of procedure The parties shall not be required to utilize the services of the AAA even though the arbitrators are selected from an AAA panel The arbitration submission shall be limited to a establishing the value of the facilities subject to purchase b establishing a method for adjusting that value of post arbitration changes to the facilities The value shall be determined as follows reproduction cost new less depreciation plus going concern value plus any costs and damages incurred by the separation of the system within SAFETY HARBOR S boundaries from the remainder of CLEARWATER S system as well as the costs incurred by CLEARWATER in reintegrating such remaining system as CLEARWATER is entitled pursuant to applicable law SAFETY HARBOR does not waive any rights and claims it may have that CLEARWATER is not entitled to any such cost and damages incurred by separation of the system The arbitrators may consider and apply without limitation the comparable sales approach and the income approach to valuation and the value may include a value for CLEARWATER S system subject to purchase that takes into account the value of the future stream of income that may be generated by that system The award shall establish a methodology consistent with the above methodology for increasing the amount of the award for additional improvements or additions made to the system that are necessary to maintain the existing level of service and that are made between the date of the award and the date of any actual purchase pursuant to these provisions In the event of damage or destruction of any portion of the system due to hurricanes storms or other natural disasters or events beyond CLEARWATER S control between the date of the arbitration and the date of any 4 actual purchase of the system by SAFETY HARBOR the value shall be adjusted by further arbitration if necessary to include an amount necessary to fully compensate CLEARWATER for the cost of the facilities destroyed or rendered not useable using the methodology set forth above as well as the cost of all repairs and replacement facilities incurred by CLEARWATER prior to SAFETY HARBOR actually taking possession of the system and that are necessary to maintain the existing level of service In arriving at the value of the facilities in arbitration neither the purchase option set out in this section nor any purchase option in any prior franchise between SAFETY HARBOR and CLEARWATER shall be considered in diminution of the value The award shall identify the amounts awarded as to each category of the methodology set out hereinabove Each party shall bear its own attorney s fees and costs The parties acknowledge that SAFETY HARBOR may elect to amend its Charter during the term of this franchlse to delete any existing Charter requirements that this franchise include a right to purchase CLEARWATER S gas distribution system within SAFETY HARBOR S limits If SAFETY HARBOR so amends its Charter during the life of this franchise then SAFETY HARBOR shall notify CLEARWATER in writing that the purchase option in this section shall be of no further force and effect and the term of this franchise shall be reduced to ten 10 years Such new term shall automatically take effect upon SAFETY HARBOR giving CLEARWATER such notice and shall run retroactively from the effective date of this franchise Provided however if SAFETY HARBOR amends its Charter as set forth above after the ninth anniversary of this franchise the franchise as automatically amended to delete the buyout provision of this section shall continue for one year from the date of SAFETY HARBOR S written notice 5 If CLEARWATER continues to operate all or any part of the system after the term of this Agreement then CLEARWATER shall continue to comply with all applicable provisions of this Agreement including without limitation all compensation and other payment provisions throughout the period of such continued operation provided that any such continued operation shall in no way be construed as a renewal or other extension of the Franchise Agreement The word Gas shall mean natural gas and or commingled gas which is distributed in pipes It shall not mean bottled gas or any other fuel however nothing herein shall be interpreted to prohibit CLEARWATER from engaging in the sale of liquid petroleum propane gas provided however in the event CLEARWATER seeks to utilize SAFETY HARBOR S rights of way by installing propane lines propane tanks or any other facilities associated with CLEARWATER S provision of propane services an amendment to this franchise ordinance or a new franchise ordinance authorizing propane service shall be required The term Rights of Way means all of the public streets alleys highways waterways bridges easements sidewalks and parks owned by the City as they now exist or may be hereafter constructed opened laid out or extended within the present limits of the City or in such territory as may hereafter be added to consolidated or annexed to the City Nothing in this Franchise Agreement shall prevent SAFETY HARBOR from levying and collecting taxes as SAFETY HARBOR may from time to time be empowered by law to levy and collect provided such taxes shall be applied uniformly to all persons or entities within SAFETY HARBOR S corporate limits and shall not constitute or be construed as an additional tax or fee for CLEARWATER S use of the Rights of way As a fee agreed to be paid during the term of this Franchise Agreement the franchise fee set forth in this Franchise Agreement is not a tax 6 The right to use and occupy Rights of Way for the purposes herein set forth shall be non exclusive and SAFETY HARBOR reserves the right to grant a similar use of said Rights of Way to any person at any time during the period of this Franchise Agreement so long as such grant does not materially and adversely impact CLEARWATER S right to use and occupy Rights oF Way as aforesaid In the event SAFETY HARBOR acquires all or substantially all of the facilities of CLEARWATER located in the Rights of Way of SAFETY HARBOR then the rights granted under this Franchise shall terminate and be of no further force or effect Nothing in this section or in this Franchise is intended to derogate any condemnation rights SAFETY HARBOR may have under existing law nor shall this section or this Franchise be construed as an acknowledgment by CLEARWATER that SAFETY HARBOR has any legal right to condemn or otherwise acquire CLEARWATER S facilities without CLEARWATER S consent No such consent is given by any provision of this Franchise Nothing in this Section is intended to affect the amount payable by SAFETY HARBOR to CLEARWATER in the event of such condemnation or other acquisition SECTION 4 RATES The rates charges and fees to be charged by CLEARWATER for Gas service within the corporate limits of SAFETY HARBOR during the term of this agreement shall be as provided in CLEARWATER S standard system wide rate schedule now or hereafter approved by CLEARWATER S City Commission or as modified by the CLEARWATER Manager or other designated CLEARWATER official to the extent CLEARWATER Manager or other designated CLEARWATER official is expressly authorized to approve changes to such rates charges and fees or such other agency of the State of Florida as may have proper jurisdiction over such rates and charges of CLEARWATER under the general laws of the State of Florida or CLEARWATER S charter and ordinances Such rate schedule shall be no greater 7 than the rate schedule applied to rate payers within the corporate limits of CLEARWATER SECTION 5 ANNEXATION In the event of the annexation of any territory to the present corporate limits of SAFETY HARBOR such annexed territory and all portions of the Gas system of CLEARWATER located therein shall become subject to all of the terms and conditions of this agreement as of the time such annexation becomes effective It shall be the responsibility of SAFETY HARBOR to notify CLEARWATER in writing by certified mail return receipt requested within thirty 30 days after the effective date of every such annexation After notification by SAFETY HARBOR CLEARWATER shall prospectively implement such franchise billing for such annexation within thirty 30 days of the receipt of the notice from SAFETY HARBOR CL EARWATER shall reimburse SAFETY HARBOR for the costs of mailing these notices by certified mail SECTION 6 EXTENSION OF SERVICE In consideration of the rights granted under this franchise and the duration of this franchise CLEARWATER agrees that its facilities to be installed within the corporate limits of SAFETY HARBOR will be expanded to provide service to new customers on the terms and conditions hereinafter set forth Gas service shall be extended to customers desiring said service based on a feasibility formula Such formula shall be the formula currently in effect system wide as then administered by CLEARWATER Upon request CLEARWATER shall provide copies of applicable policies and regulations to SAFETY HARBOR CLEARWATER covenants and agrees that CLEARWATER will not arbitrarily or unreasonably refuse to make extensions when requested to do so by SAFETY HARBOR SECTION 7 FORCE MAJEURE In the event by act of God strike riot public enemy or other calamity or 8 restriction in the supply of Gas beyond the control of CLEARWATER or its interstate supplier or by reason of regulation exerted by the Florida Public Service Commission or the Federal Energy Regulatory Commission or other regulatory body having jurisdiction in the premises the supply of the Gas should be interrupted CLEARWATER shall nevertheless continue to supply the available Gas to such customers as it is possible shall employ its full services to remedy such deficiency of Gas supply and shall resume complete Gas service when that is possible SECTION 8 COMPETITION As a further consideration of this franchise granted hereunder SAFETY HARBOR agrees not to engage in the business of distributing and selling Gas during the life of this agreement or any extension thereof in competition with CLEARWATER its successors and assigns in the service territory within SAFETY HARBOR delineated by the Florida Public Service Commission as CLEARWATER S service territory by PSC Order 00 0371 PAA GU CLEARWATER S service territory is shown on Exhibit A attached hereto and incorporated herein Pursuant to Sections 6 and 12 hereof CLEARWATER and SAFETY HARBOR have agreed to a certain extension of service policy In the event SAFETY HARBOR desires to provide Gas service where CLEARWATER has notified SAFETY HARBOR in writing said areas do not qualify under the feasibility formula SAFETY HARBOR may provide CLEARWATER notice of its intent to provide such Gas service in said areas CLEARWATER shall have sixty 60 days after receipt of said notice to review its decision not to provide Gas service to said areas and to further meet with SAFETY HARBOR regarding said service In the event CLEARWATER has not delivered written notice to SAFETY HARBOR within this sixty 60 day period that CLEARWATER shall provide Gas service to said areas SAFETY HARBOR solely at its option may provide Gas service in said defined areas thereafter 9 SECTION 9 TERMINATION OF AGREEMENT In the event of any termination of this Agreement whether by expiration where CLEARWATER does not seek renewal or where renewal is legally denied revocation or otherwise CLEARWATER will operate the system pursuant to the provisions of this Agreement for that period of time necessary to assure CLEARWATER S Gas customers within the Franchise Area will have continuity of service In any event unless the system within SAFETY HARBOR S municipal boundaries is purchased by SAFETY HARBOR or a third party the purchase by a third party being subject to the assignment provisions of Section 18 CLEARWATER shall have the right privilege and option of removing all or any part of the system from all Rights of Way and other public or non public property within the Franchise Area Alternat ve y SAFETY HARBOR may issue a removal order directing CLEARWATER to remove at CLEARWATER S sole cost and expense all or any portion of the system from all Rights of Way and other public or non public property within the Franchise Area In either event such removal shall be subject to the following a From the date CLEARWATER S Gas customers actually receive Gas service from SAFETY HARBOR or a third party provider CLEARWATER shall have twelve 12 months to remove or abandon all or part of the system facilities b In removing the system or any part thereof CLEARWATER shall at its own expense refill and compact any excavation it makes and shall leave the Rights of Way and other property in as good condition as that prevailing prior to CLEARWATER S removal of the system c The liability insurance and indemnity provisions of this Agreement shall remain in full force and effect during the period in which the system is being removed and the associated repairs to the Rights of Way and other property are 10 being made and d If in the reasonable and good faith judgment of SAFETY HARBOR CLEARWATER fails to substantially complete removal or abandonment including repair of the Rights of Way and other property within twelve 12 months of SAFETY HARBOR S Issuance of a removal order then SAFETY HARBOR shall have the right to i authorize removal and or abandonment of the system at CLEARWATER S cost said costs to be reasonable and actual by another Person ii declare that all rights title and interest to the system belong to SAFETY HARBOR including any portion of the system not designated for removal or abandonment without compensation to CLEARWATER CLEARWATER shall execute and deliver such documents as SAFETY HARBOR may request to evidence such ownership by SAFETY HARBOR Notwithstanding the foregoing CLEARWATER may dispose of any portion of the system not designated by SAFETY HARBOR for removal during such twelve 12 month period provided however that if CLEARWATER fails to complete the removal of the portion s of the system designated for removal by SAFETY HARBOR within such period then all such portion s of the system not disposed by CLEARWATER during such period shall belong to SAFETY HARBOR with no price due to CLEARWATER In the event of any acquisition transfer or abandonment pursuant to this Section CLEARWATER shall a Cooperate with SAFETY HARBOR in maintaining continuity in the distribution of services to customers of the system b Promptly execute all appropriate documents to transfer to SAFETY HARBOR title to the system all components necessary to operate and maintain the system and any rights contracts permits or understandings necessary to the distribution of services over the system c Promptly supply SAFETY HARBOR with all records necessary to reflect 11 the change in ownership and to operate and maintain the system d Not object to any request by SAFETY HARBOR to connect to transmission lines owned or operated by third parties e Negotiate with SAFETY HARBOR in good faith for the continued provision of services by CLEARWATER to areas of SAFETY HARBOR that cannot be economically or feasibly served by SAFETY HARBOR f Negotiate with SAFETY HARBOR in good faith an agreement allowing SAFETY HARBOR to purchase gas from CLEARWATER as a customer at such rates either theretofore established by CLEARWATER for other like purchasers including but not limited to other governmental entities purchasing gas for resale or mutually agreeable by the parties Any costs relating to actual connection metering and any other costs in order for SAFETY HARBOR to connect to CLEARWATER S facilities shall be the responsibility of SAFETY HARBOR SECTION 10 FRANCHISE FEE In consideration for the granting of this franchise and the use of the rights of way easements and other public places allowed hereunder and effective the first day of the month after approval by SAFETY HARBOR of this agreement SAFETY HARBOR shall be entitled to receive from CLEARWATER a franchise fee which will equal six percent 6 of the gross receipts from the sale of Gas within the corporate limits of SAFETY HARBOR for the term of this franchise Payment of the franchise fee by CLEARWATER to SAFETY HARBOR shall be made for each quarter no later than the forty fifth 45th day after the end of each quarter In the event of failure to pay within the forty five 45 day period the interest to be due for such non payment will be the interest rate provided by the Florida Prompt Payment Act In connection with any litigation arising out of the collection of delinquent amounts the prevailing party shall be entitled to recover from the non prevailing 12 1 party its court costs legal expenses and reasonable attorney fees including fees for paralegals including any such costs expenses or fees incurred in any and all appeals CLEARWATER shall attach to each payment a statement of its Revenues by revenue account for the period on which such payment is based signed by an authorized representative of CLEARWATER sufficient to show the source and method of computation of Revenues The acceptance of any statement or payment shall not estop SAFETY HARBOR fro asserting that the amount paid is not the amount due or from recovering any deficit by any lawful proceeding including interest to be applied at the rate set forth in this Agreement Gross receipts for purposes of computing such franchise fee includes all revenues received by CLEARWATER or any affiliated entity from or in connection with the distribution of Gas in the City of SAFETY HARBOR and the transmission of Gas from and through the City of SAFETY HARBOR by parties other than Clearwater pursuant to the terms of this Franchise provided however gross receipts shall not include monies for Gas service or a component thereof paid by customers to a third party unaffiliated with CLEARWATER and where CLEARWATER receives no payment from the third party or the customer provided further gross receipts shall not includes monies for Gas service to an industrial customer engaged in manufacturing or processing activities which create or change raw or unfinished materials into another form or product and who consumes the Gas in such activities including but not limited to activities such as laundry and dry cleaning plants cold storage plants steam laundries machine shops rebuilders of airplanes and airplane engines mines fruit meat and vegetable packing and precooling plants quarries railroad shops water and sewer treatment plants sewer lift stations agricultural pumps or any company whose Standard Industrial Code SIC is classified within the range of 0100 3999 as published by the Occupational Safety and Health 13 Administration OSHA Transmission of Gas as used in this Section shall mean the transmission of natural gas and or commingled gas through lines operating at a pressure of one hundred 100 pounds per square inch or above SECTION 11 FAVORED NATIONS In the event CLEARWATER shall hereafter accept a gas utility franchise ordinance from any municipality providing for the payment of a franchise fee in excess of that provided for hereinabove CLEARWATER shall notify SAFETY HARBOR and SAFETY HARBOR reserves the right to amend this franchise to increase the franchise fee payable under this ordinance to no more than the greater franchise fee that CLEARWATER has agreed to pay to such other municipality CLEARWATER S obligation to pay such greater franchise fee to SAFETY HARBOR shall apply prospectively beginning with the next monthly franchise fee payment following SAFETY HARBOR S timely notice of its exercise of its amendment right CLEARWATER S failure to notify SAFETY HARBOR of such additional payments does not limit SAFETY HARBOR S right to amend to require such additional franchise fees However in the event CLEARWATER does not provide timely notice as required by this paragraph SAFETY HARBOR S amendment right shall if exercised relate back to the time at which SAFETY HARBOR could have first exercised that right hereunder if SAFETY HARBOR had been timely notified SAFETY HARBOR shall notify CLEARWATER whether SAFETY HARBOR will exercise its amendment rights as to franchise fees terms on the date on which SAFETY HARBOR has actual knowledge of such other franchise terms It is the intent and agreement of SAFETY HARBOR and CLEARWATER that CLEARWATER shall not be required to pay SAFETY HARBOR a franchise fee hereunder of a percentage greater than that paid to SAFETY HARBOR by any other gas utility utilizing SAFETY HARBOR S rights of way on such gas utility s revenues attributable to services that are the same or substantially the same as those 14 performed by CLEARWATER It is further the intent and agreement of SAFETY HARBOR and CLEARWATER that CLEARWATER should not be placed at a competitive disadvantage by the payments required hereunder in the event gas utilities provide services in competition with CLEARWATER without utilizing SAFETY HARBOR S rights of way as provided herein The provisions of this section are further refined hereinbelow which shall be read in harmony herewith If SAFETY HARBOR imposes a lesser fee or no fee or is permitted by law to impose a fee on another gas utility that is utilizing the right5 of way and providing or seeking to provide services in competition with CLEARWATER to customers within SAFETY HARBOR S municipal boundaries and does not collect such a fee or collects a fee less than that provided herein CLEARWATER S fee for such services shall be automatically reduced to the lesser fee charged the other gas utility provider or to zero if no fee is charged such other gas utility provider Although the above described reduction in franchise fees shall be automatic and self executing SAFETY HARBOR and CLEARWATER shall adjust the fee if necessary to assure that neither CLEARWATER nor such other gas utility shall be placed at a competitive disadvantage provided however that the fee paid by CLEARWATER hereunder shall not exceed six percent 6 unless the provisions of the first paragraph of this section are applicable Where SAFETY HARBOR 1 is permitted by law to collect a fee from another gas utility that is not utilizing the rights of way but that is providing or seeking to provide services in competition with CLEARWATER to customers within SAFETY HARBOR S municipal boundaries and 2 does not collect such a fee or collects a fee less than that provided herein from another gas utility for such services shall be automatically reduced to the lesser fee charged to the other gas utility or to zero if no such fee is charged such other gas utility provider SECTION 12 SERVICE STANDARDS EXTENSION POLICY 15 CLEARWATER its successors and assigns shall furnish twenty four 24 hours of continuous service each and every day to any customer within SAFETY HARBOR desiring the same and failure upon the part of CLEARWATER to furnish Gas as herein provided for any cause within the control of CLEARWATER for a period of seventy two 72 hours and or other breach of term hereof either not being corrected within thirty 30 days after written notice by SAFETY HARBOR thereof may act as a forfeiture of this franchise in the discretion of SAFETY HARBOR CLEARWATER shall have the opportunity to be heard by SAFETY HARBOR S Commission at a duly convened meeting of the Commission prior to consideration of any such forfeiture SECTION 13 COSTS OWNERSHIP REPAIRS RELOCATION CLEARWATER shall install the necessary facilities or equipment at its own cost and expense and same shall be and remain the property of CLEARWATER and CLEARWATER S facilities or equipment and other physical properties used in connection with the furnishing of Gas under this franchise shall be free from any ad valorem tax of SAFETY HARBOR as long as the same remains the property of CLEARWATER except as otherwise provided by applicable Florida Statute or applicable Court decision adopted after date of execution hereof The mains shall be laid underground and CLEARWATER shall re pave or re Iay as promptly as possible all streets lanes alleys sidewalks squares or public places dug or disturbed by it in the installation of said mains or for any other purpose attending such work and it shall repair and restore such streets lanes alleys sidewalks and public places to their former and safe condition and with the same quality of material or its equivalent as was existing before said work commenced In all cases the repair work shall be made passable to traffic during conduct of such work as soon as physically possible Should CLEARWATER neglect or refuse to restore or repair without delay after completion of installation and after ten 10 business days 16 written notice any streets alleys lanes squares sidewalks or public places which may have been excavated dug or disturbed by it its employees or agents then SAFETY HARBOR shall have such repairs and restoration done and the expense incident thereto shall be paid by CLEARWATER CLEARWATER shall obtain the required permits from SAFETY HARBOR prior to the construction and installation of any facilities or equipment within the City s rights of way CLEARWATER shall secure and otherwise make safe any area excavated dug or disturbed by it and shall hold SAFETY HARBOR harmless from any loss or damages arising from injury to persons or property in such area In the case of an emergency CLEARWATER shall only be required to notify SAFETY HARBOR S City Engineer and may obtain an after the fact permit subject to the requirements of the City Engineer CLEARWATER shall locate all facilities and equipment so that such will not interfere with SAFETY HARBOR S use of its rights of way and shall not cause a hazard to the public health safety welfare and aesthetics of SAFETY HARBOR In accordance with the Charter of SAFETY HARBOR SAFETY HARBOR shall have the right to control at all times distribution of any space in over across or under all streets alleys public grounds or other public places occupied by public utility fixtures and when the public interest so requires to cause such fixtures to be relocated at the expense of CLEARWATER Further SAFETY HARBOR shall at all times have the power to enact all regulatory ordinances rules and regulations affecting utilities which are required in the interest of public health safety welfare or accommodation Prior to requiring CLEARWATER to relocate SAFETY HARBOR shall give CLEARWATER written notice of such requirement and the opportunity to be heard first by City staff or if SAFETY HARBOR and CLEARWATER can not agree by SAFETY HARBOR S Commission as to the costs of such relocation to CLEARWATER and possible alternative locations and routes for SAFETY HARBOR S 17 improvements Ultimately the decision as to such need for relocation shall be SAFETY HARBOR S Should it become necessary in the installation of Gas lines or facilities to relocate water or sewer lines of SAFETY HARBOR now or hereafter installed then such work shall be done at the expense of CLEARWATER and not SAFETY HARBOR It is understood that in all instances the facilities of SAFETY HARBOR shall have a reasonable right of way and preference over that of CLEARWATER herein SECTION 14 INDEMNIFICATION CLEARWATER shall at all times indemnify defend and hold SAFETY HARBOR harmless from or on account of any claims losses injuries or damages received or sustained by any person or persons during or on account of any work or operations engaged in by CLEARWATER in connection with the operation of CLEARWATER S franchise pursuant to this Interlocal Agreement or by or in consequence of any negligence excluding the sole negligence of SAFETY HARBOR in connection with the same or by or on account of the use of any improper materials or by or on account of any act or omission of CLEARWATER its agents servants or contractors CLEARWATER agrees to defend indemnify and save harmless SAFETY HARBOR against liability arising from or based upon violation of any Federal State County or Municipal law ordinance or regulation by CLEARWATER its agents servants employees or contractors This indemnification provision obligates CLEARWATER to defend SAFETY HARBOR from any and all liability claims and all suits and actions that may be brought against SAFETY HARBOR resulting from the sole negligence of CLEARWATER CLEARWATER may defend SAFETY HARBOR with CLEARWATER S in house staff counsel at trial and all appellate levels or CLEARWATER may provide for SAFETY HARBOR S defense with outside counsel by paying for all attorney s fees costs and trial expenses The decision to defend with in house counselor with outside counsel shall be within CLEARWATER S sole 18 discretion CLEARWATER S obligation to defend SAFETY HARBOR for the acts or omissions of CLEARWATER its agents servants employees or contractors shall be limited to the extent provided in l768 28 Florida Statutes Notwithstanding anything contained herein to the contrary this indemnification provision shall not be construed as a waiver of any immunity from or limitation of liability to which CLEARWATER or SAFETY HARBOR is entitled to pursuant to 768 28 Florida Statutes Furtheimore this piOvision is not intended to nor shall be interpreted as limiting or in any way affecting any defense CLEARWATER or SAFETY HARBOR may have under l768 28 and is not intended to and shall not be interpreted to alter the extent of CLEARWATER S or SAFETY HARBOR S waiver of sovereign immunity under l768 28 The parties to this Interlocal Agreement specifically agree to be fully responsible for their own acts of negligence or their respective agents acts of negligence when acting within the scope of their employment and agree to be liable for any damages resulting from said negligence Nothing herein is intended to serve as a waiver of sovereign immunity by either party and nothing herein shall be construed as consent by either party to be sued by third parties in any manner arising out of this Ordinance SECTION 15 INSURANCE SAFETY HARBOR shall be furnished proof of insurance coverage by CLEARWATER to include General Liability 100 000 00 per Person 200 000 00 per Occurrence self insured retention with statutory limits per Section 768 28 Florida Statutes Excess Insurance 5 000 000 00 per Occurrence Excess Insurance Aggregate applicable with self insurance retention of 500 000 00 Automobile Liability 100 000 00 per Person 200 000 00 per Occurrence self insured retention with statutory limits per Section 768 28 Florida Statutes Excess Insurance 5 000 000 00 per Occurrence Excess Insurance Aggregate applicable with self insured retention of 500 000 00 19 Worker s Compensation and Empioyer s Liability Statutory coverage per Occurrence with self insured retention of 500 000 00 Excess Insurance 5 000 000 00 Per Occurrence Aggregate applicable The insurance coverage required herein may be provided by CLEARWATER by self insurance self insurance retention subject to change by self funding by purchase or by any combination thereof at the sole option of CLEARWATER Insurance coverage and limits shall be evidenced by delivery to SAFETY HARBOR of letters of self insurance or self funding executed by CLEARWATER S Risk Manager or by certificates of insurance executed by either the agent for the insurers or the insurers or by copies of policy declaration pages Such letters certificates and policy declaration pages shall list coverages including the amount of insurance per claim and per occurrence any gap in coverage and the name of the excess insurer and policy limits with expiration dates Upon the specific written request of SAFETY HARBOR a photocopy of each applicable insurance policy including all endorsements will be provided to SAFETY HARBOR CLEARWATER will provide SAFETY HARBOR prior written notice of any change to CLEARWATER S self insurance retention SECTION 16 COMPLIANCE WITH ORDINANCES CLEARWATER its successors and assigns shall at all times comply with all ordinances rules and regulations enacted or passed by SAFETY HARBOR not in conflict with the terms of this franchise and CLEARWATER shall have the right to make establish and maintain and enforce such reasonable regulations for the operation of its distribution system as may be reasonably necessary and proper not inconsistent with the terms of this franchise and the ordinances of SAFETY HARBOR and to protect itself from fraud or imposition and may in its discretion refuse to furnish Gas and to cut off the supply from any customer or customers who are in default in payment of any bill rendered for such service 20 SECTION 17 AVAILABILITY OF RECORDS MAPS AND REPORTS AUDIT Within sixty 60 days after execution of this agreement CLEARWATER shall provide SAFETY HARBOR with a map showing all CLEARWATER S Gas lines and facilities within SAFETY HARBOR Upon SAFETY HARBOR S request CLEARWATER shall provide an up date of such map to reflect changes in CLEARWATER S Gas lines and facilities Further CLEARWATER shall provide for review and inspection of such maps and also accounts and records of CLEARWATER and oi all such information regarding SAFETY HARBOR that SAFETY HARBOR or its representatives may from time to time reasonably request or require CLEARWATER shall supply information that SAFETY HARBOR or its representatives may from time to time reasonably request relative to the calculation of franchise fees CLEARWATER S financial records shall be kept and maintained in accordance with generally accepted accounting principles All of these records shall on written request of SAFETY HARBOR be open for examination by SAFETY HARBOR and SAFETY HARBOR S representatives during ordinary business hours and such records shall be retained by CLEARWATER for a period of three 3 years Upon any map information of CLEARWATER becoming available in electronic format CLEARWATER shall at SAFETY HARBOR S request make any map information available in that format SAFETY HARBOR may require an audit of CLEARWATER S books not more than once every five 5 years CLEARWATER will reimburse SAFETY HARBOR S audit costs if the audit identifies errors in CLEARWATER S franchise fee payments of five percent 5 or more for the period audited Errors identified during the audit process shall be projected for any additional time periods not covered during the audit if there is a reasonable probability these errors occurred during the unaudited period but not for more than five 5 years If an underpayment of franchise fees has occurred interest will be computed at a rate of ten percent 10 per annum 21 Both the underpayment and interest shall be paid within thirty 30 days after receipt of demand therefore from SAFETY HARBOR SECTION 18 ASSIGNMENT OF GRANT This grant or franchise or any renewals thereof shall not be leased assigned or otherwise alienated except with the consent of SAFETY HARBOR expressed by ordinance which consent shall not be unreasonably withheld and evidenced by a written assignment and consent to same In consideration of consenting to such assignment the matters which may be considered by SAFETY HARBOR should include but not be limited to the financial wherewithal and technical experience and capabilities of the proposed Assignee SECTION 19 VENUE In the event that any legal proceeding is brought to enforce the terms of this Franchise Agreement the same shall be brought in Pinellas County Florida or if a federal claim in the U S District Court in and for the Middle District of Florida Tampa Division SECTION 20 NOTICES Except for notices under Sections 3 and 5 all notices by either SAFETY HARBOR or CLEARWATER to the other shall be made by either depositing such notice in the United States Mail Certified Mail return receipt requested or by facsimile All notices required under Sections 3 and 5 shall be made in writing and served by Certified Mail return receipt requested Any notice served by certified mail return receipt shall be deemed delivered five 5 days after the date of such deposit in the United States mail unless otherwise provided Any notice given by facsimile is deemed received by next Business Day Business Day for purposes of this section shall mean Monday through Friday 8 00 a m through 5 00 p m with Saturday Sunday and SAFETY HARBOR and CLEARWATER observed holidays excepted All notices shall be addressed as follows 22 To SAFETY HARBOR City of Safety Harbor Attn City Manager 750 Main Street Safety Harbor FL 34695 Facsimile No 727 724 1566 To CLEARWATER Clearwater Gas Systems Attn Managing Director 400 Myrtle Avenue North Clearwater Florida 33755 Facsimile No 727 562 4903 With a copy to City Attorney 750 Main Street Safety Harbor FL 34595 Facsimile No 727 724 1566 City Attorney Post Office Box 4748 Clearwater FL 33758 4748 Facsimile No 727 562 4021 Notices shall be given as required by this Franchise and for all other emergencies Notice shall be provided to the above named addresses unless directed otherwise in writing by SAFETY HARBOR or CLEARWATER SECTION 21 CONFLICT FILING Upon adoption of this ordinance the franchise provided in SAFETY HARBOR s Ordinance 91 21 shall be of no further force and effect Upon full execution hereof CLEARWATER shall file with the Clerk a fully executed copy of this agreement for recording in the public records in and for Pinellas County Florida and shall provide a copy to SAFETY HARBOR SECTION 22 SEVERABILITY If any section or sections of this agreement are declared invalid for any reason such invalidity shaii not affect the remaining sections thereof SECTION 23 EFFECTIVE DATE This agreement shall become effective upon the first day of the month after approval this agreement by appropriate acts by CLEARWATER s and SAFETY HARBOR s commissions IN WITNESS WHEREOF SAFETY HARBOR and CLEARWATER hereto have executed this agreement on the day and year above written PASSED ON FIRST READING 23 PASSED ON SECOND AND FINAL READING CITY OF CLEARWATER FLORIDACountersigned Frank V Hibbard Mayor ByWilliam B Horne II City Manager Approved as to form Attest Cynthia E Goudeau City Clerk Laura Lipowski Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 20 by FRANK V HIBBARD jvlayor of the City of Clearwater who is personally known to me Print Type Name Notary Public STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 20 by WILLIAM B HORNE II City Manager of the City of Clearwater who is personally known to me Print Type Name Notary Public 24 City C 0 U n c i I A enda Cover Memorandum P r I Id Trackinq Number 1 078 Actual Date 05 19 2005 Subiect Recommendation Establish new non resident fees for non residents to participate at City recreation facilities and in City recreation programs and activities establish new formulas for the purpose of computing fees for non residents approve City Manager or his designee to administer the formulas and pass Ordinance 7389 05 on first reading Summary City Council A enda Cover Memorandum On October 18 1993 the City Commission approved a formula for the purpose of computing fees for non residents and established categories for non residents The formula adopted is as follows Department 0 M Budget plus Indirect Overhead minus Budgeted Revenue divided by Population equals Subtotal Subtotal plus 5 00 Capital Recovery Component equals Non Resident Yearly Fee Even though non resident fees were increased in 2004 staff is recommending an additional increase for 2005 based on the approval of a new formula both for individual yearly non resident fees but also for a new unincorporated non resident fee Staff is recommending that the following formulas be used in that they more accurately reflect the actual cost that residents are paying for recreation services 1 Non residents who reside in other Pinellas municipalities Department 0 M Budget 9 495 850 plus Indirect Overhead 758 352 minus Budgeted Revenue 2 253 700 divided by Population 109 000 equals Subtotal 7340 Subtotal 7340 plus Capital Improvement Recovery Component 1149 plus Card Processing Fee 5 00 equals Non Resident Yearly Fee 89 89 2 Unincorporated Non Resident Fee Department 0 M Budget 9495 850 plus Indirect Overhead 758 352 minus Budgeted Revenue 2 253 700 divided by Population 109 000 equals Subtotal 7340 Subtotal 7340 plus Capital Improvement Recovery Component 11 49 plus Card Processing Fee 5 00 plus Unincorporated Surcharge 70 96 equals Unincorporated Non Resident Yearly Fee 160 85 The unincorporated surcharge of 70 96 is based on the average cost that other local municipalities charge to non residents The fee charged by other municipalities are similar to the City of Clearwater in that the purpose is to make the non resident pay an amount equal to what their residents pay The cities used for this averge were Dunedin 58 85 Largo City Council A enda Cover Memorandum 75 00 St Petersburg 10 0 00 and Safety Harbor 50 00 Formulas for the remaining categories of non residents and unincorporated non residents are as follows 1 Annual Family Fee Individual non resident or unincorporated non resident yearly fee x 2 5 2 Participants of youth seasonal recreational programs and participants at lawnbowls shuffleboard and horseshoe clubs Individual non resident or unincorporated non resident yearly fee x 40 In order to respond in a more timely fashion to shifts in budgets and the economy as it relates to non residents paying a fair share staff is requesting authority to set fees based on the formulas whenever a change is prudent and warranted Three other provisions in the ordinance that were changed are as follows 1 To define a time period for tourist and guests temporarily residing The time recommended is 3 months or less 2 Add three score softball to the senior club category 3 Added an option to allow non residents who did not have a non resider t card to rent a recreation facility for a 10 surcharge Based on the new formulas the proposed fees for non residents and unincorporated non residents are as follows SEE ATTACHED TABLE Since we are proposing new fee categories for unincorporated residents it is difficult to determine what the net impact will be on overall revenue However staff is of the opinion that the majority of persons now using City facilities and programs will continue to use them since there are few options available to unincorporated residents Furthermore the County has established a reimbursement program where unincorporated residents can request funds to pay for non resident fees Therefore revenue should not decrease but in fact increase Oriainating Parks and Recreation Section Other items on City Manager Reports Cateaorv Code Amendments Ordinances and Resolutions Number of Hard CODies attached 0 Public Hearina No Financial Information Review Approval Tina Wilson 04 20 2005 15 42 19 City Council A enda Cover Memorandum Laura Lioowski 04 18 2005 09 47 25 Garry Brumback 04 20 2005 15 25 52 Kevin Dunbar 04 18 2005 12 25 11 Laura Lioowski 04 18 2005 16 S4 56 Bill Horne 04 21 2005 11 43 20 Laura Lipowski 04 15 2005 10 15 24 Cyndie Goudeau 04 21 2005 11 52 03 Attachment to Agenda Item 1078 Current 80 00 200 00 30 00 30 00 Proposed Non Resident 90 00 225 00 36 00 36 00 Proposed Unincorporated Resident 161 00 402 50 6440 6440 Annual Resident cards are 5 00 per person plus sales tax Plus sales tax ORDINANCE NO 7389 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA RELATING TO THE SCHEDULE OF FEES RATES AND CHARGES AMENDING APPENDIX A ARTICLE XI PARKS BEACHES RECREATION TO INCREASE CERTAIN FEES FOR USE OF FACILITIES BY NONRESIDENTS AND TO ESTABLISH FORMULAS FOR CHARGING NONRESIDENT FEES PROVIDING AN EFFECTIVE DATE WHEREAS the City of Clearwater provides recreational facilities and programs for the residents and taxpayers of the City and WHEREAS the City Council has determined that users of City recreational facilities and programs who are not City taxpayers should pay a reasonable sum for the use of such facilities and programs and WHEREAS it has been determined that there are two different types of non City taxpayers taxpayers of other municipalities in the County and taxpayers of unincorporated areas and WHEREAS to be consistent and fair in the establishment of non City taxpayer fees standard formulas need to be adopted as set forth herein now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA Section 1 Appendix A Schedule of Fees Rates and Charges is hereby amended to read ARTICLE XI PARKS BEACHES RECREATION Use offacilities by nonresidents ch 22 1 Effective June 1 2005 January 1 2004 nonresidents who wish to rent or use city recreation facilities or programs may do so by paying a nonresident fee based on the followinQ formulas which shall be administered by the Parks and Recreation Director one or more of the f lIo ting fcce a Nonresidents who reside in other Pinellas municipalities Department O M BudQet indirect overhead budQeted revenue Net budQet divided by population subtotal Subtotal Capital Improvement Program recovery component Card processinQ fee Individual nonresident yearly fee Ordinance No 7389 05 b Unincorporated nonresidents Department O M BudQet indirect overhead budQeted revenue Net budQet divided by population subtotal Subtotal Capital Improvement ProQram recovery component Card processinQ fee unincorporated surcharQe fee Individual unincorporated nonresident yearly fee c Annual nonresident and unincorporated nonresident family fees Individual nonresident or unincorporated nonresident yearly fees x 2 5 Annual nonresident or unincorporated nonresident family fees a Card options 1 nnual individual fce valid one year from date of purchase plus applicable sales tax BO OO 2 Annual family fee valid one year from date of purchase plus applicable sales tax 200 00 Note An individual card may be used only by the person to whom it is issued The family fee provides a card for each family member res dir g st the household @ te Options in lieu of nonresident and unincorporated nonresident card purchase 1 Pay non card holder rates for tennis swimming classes and or admissions These fees will vary depending upon activity however in no case will they be less than or equal to card holder rates 2 Single season fee for adult athletic leagues per person pi us applicable sales tax 42 00 6 2 In co sponsoring programs where leadership is provided by noncity employees a Participants of youth seasonal recreational programs3000 ndividua nonresident or unincorporated nonresident yearly fee x 40 b Participants of adult seasonal recreationalleagues4000 4 Participants at lawn bowls shuffleboard aM horseshoe clubs and three score softball per person 30 00 Ordinance No 7389 05 Individual nonresident or unincorporated nonresident yearly fee x 40 2 The criteria which establish the class of city residents for the purpose of the fees above are a Permanent residence within the incorporated boundaries of the city b Ownership of real property within the incorporated boundaries of the city as evidenced by the official tax rolls maintained by the county c Tourists and guests temporarily residing at properties three months or less within the incorporated boundaries of the city as evidenced by a motel key or another resident member or d Persons who are employees of the city their spouses and children who live at home 3 Nonresidents who wish to rent a city recreation facility must possess a nonresident card or pay a 10 surcharQe for the rental 4 In programs where rentals are charged or where enforcement is impractical or a majority of the facilities used by a program are provided in a municipality other than Clearwater the nonresident fee is not required Section 2 This ordinance shall take effect immediately upon adoption PASSED ON FIRST READiNG PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Laura Lipowski Assistant City Attorney Cynthia E Goudeau City Clerk Ordinance No 7389 05 Id i v d ORDINANCE NO 7389 05 AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA RELATING TO THE SCHEDULE OF FEES RATES AND CHARGES AMENDING APPENDIX A ARTICLE XI PARKS BEACHES RECREATION TO INCREASE CERTAIN FEES FOR USE OF FACILITIES BY NONRESIDENTS AND TO ESTABLISH FORMULAS FOR CHARGING NONRESIDENT FEES PROVIDING AN EFFECTIVE DATE WHEREAS the City of Clearwater provides recreational facilities and programs for the residents and taxpayers of the City and WHEREAS the City Council has determined that users of City recreational facilities and programs who are not City taxpayers should pay a reasonable sum for the use of such facilities and programs and WHEREAS to be consistent and fair in the establishment of non City taxpayer fees standard formulas need to be adopted as set forth herein now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER FLORIDA Section 1 Appendix A Schedule of Fees Rates and Charges is hereby amended to read ARTICLE XI PARKS BEACHES RECREATION Use of facilities by nonresidents ch 22 1 Effective June 1 2005 J mu3ry 1 2004 nonresidents who wish to rent or use city recreation facilities or programs may do so by paying a nonresident fee based on the followinq formulas which shall be administered bv the Parks and Recreation Director one or moro of tho following fOOE a Nonresidents Department O M Budqet indirect overhead budqeted revenue Net budqet divided bv population subtotal Subtotal Capital Improvement Proqram recovery component Card processinq fee Individual nonresident vearlv fee b Annual nonresident familv fees Ordinance No 7389 05 Individual nonresident yearly fees x 2 5 Annual nonresident family fees a Card options 1 Annual individual foe valid one year from date of purchase plus applicable sales tax 80 00 2 Annual family foe valid one year from date of purchase plus applicable sales tax 200 00 Note I n individual card may be used only by the person to Ihom it is issued The family fee provides a card for each family member residing at the household 9 Options in lieu of nonresident card purchase 1 Pay non card holder rates for tennis swimming classes and or admissions These fees will vary depending upon activity however in no case will they be less than or equal to card holder rates 2 Single season foe for adult athletic leagues per person plus applicable sales tax 42 00 J 2 In co sponsoring programs where leadership is provided by noncity employees a Participants of youth seasonal recreational programs JQJQ Individual nonresident yearly fee x 40 b Participants of adult seasonal recreational leagues 40 00 4 Participants at lawn bowls shuffleboard aM horseshoe clubs and three score softball per person JQJQ Individual nonresident yearly fee x 40 2 The criteria which establish the class of city residents for the purpose of the fees above are a Permanent residence within the incorporated boundaries of the city b Ownership of real property within the incorporated boundaries of the city as evidenced by the official tax rolls maintained by the county c Tourists and guests temporarily residing at properties three months or less within the incorporated boundaries of the city as evidenced by a motel key or another resident member or Ordinance No 7389 05 d Persons who are employees of the city their spouses and children who live at home 3 Nonresidents who wish to rent a city recreation facility must possess a nonresident card or pay a 10 surcharqe for the rental 4 In programs where rentals are charged or where enforcement is impractical or a majority of the facilities used by a program are provided in a municipality other than Clearwater the nonresident fee is not required Section 2 This ordinance shall take effect immediately upon adoption PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V Hibbard Mayor Approved as to form Attest Laura Lipowski Assistant City Attorney Cynthia E Goudeau City Clerk Ordinance No 7389 05 John Morroni Chairman Kenneth T Welch Vice Chairman Ronnie E Duncan Calvin D Harris Susan Latvala Karen Williams Seel Robert B Stewart COPIES T CITY COUNCIL MAY 19 2005 PRESS CLERKATTORNEY Id I BOARD OF COUNTY COMMISSIONERS Pinellas ounty PARK DEPARTMENT Paul A Cozzie Parks and Recreation Director May 19 2005 Mr William Horne City of Clearwater P O Box 4748 Clearwater FL 33756 Dear Mr Horne I understand this evening the Clearwater City Commission will again hear discussion regarding the proposed three tier fee policy for parks and recreation programs offered through the City of Clearwater Parks and Recreation Department The new ordinance if approved would provide for higher recreation fees for unincorporated residents of Pinellas County Recent articles in the Clearwater Gazette and Clearwater Citizen relating to this issue have suggested Pinellas County does not assist in the provision of active recreation in the unincorporated areas of Pinellas County In fact Pinellas County does assist with the provision of active recreation opportunities particularly in the area of youth athletics throughout the county Examples include 575 000 to the City of Dunedin in partnership for purchase of the St Andrew s Golf Club This agreement allows MSTU residents access to DunedIn s recreation facilities thereby reducing demand on neighboring Clearwater s facilities The County has provided over 400 000 to the East Lake Youth Sports Association for field renovations and lighting 500 000 to the Palm Harbor YMCA for construction of an aquatics facility ongoing facility maintenance and financial assistance to the Seminole Warhawks and Cross Bayou Little League youth baseball and softball organizations and the Osceola Youth Soccer Association This assistance particularly in the north and central Pinellas County areas reduces the already high demand on City of Clearwater park facilities and programs In fiscal years 2004 and 2005 the Pinellas County Government Recreational Grant Program provided the City of Clearwater with over 60 000 for construction of a boundless playground program scholarships and to assist with construction of a restroom facility at the Long Center Pinellas County has provided hundreds of thousands of dollars to other municipalities and agencies in Pinellas County to expand renovate or construct recreation facilities for the shared benefit of both unincorporated and municipal residents PLEASE ADDRESS REPLY TO PINELLAS COUNTY PARKS RECREATION DEPARTMENT 631 Chestnut Street Clearwater Florida 33756 5336 Phone 727 464 3347 FAX 727 464 3379 Website www pinellascounty org o Mr William Horne May 19 2005 Page 2 The Clearwater Citizen article also referred to a conversation between Mr Kevin Dunbar and myself concerning a fee reimbursement program which would streamline the process for citizens Atthe time of our conversation Mr Dunbar did not indicate this process improvement was related to a new fee system being proposed by his department I considered my willingness to discuss this option simply as a customer service issue and not a fee issue If I had known at that time the department was planning to implement an expanded fee system I would have requested we discuss the plan and its impact on all parties involved Pinellas County sincerely appreciates the outstanding service the City of Clearwater performs in relation to the provision of parks and recreation facilities and programs likewise Pinellas County is continually seeking methods to improve and enhance the delivery of recreation services to all citizens through interlocal agreements with the Pinellas County School Board and municipalities grant funding and partnerships with area program providers I do not believe the institution of a three tier fee policy would provide the relief the City of Clearwater is seeking and I would hope we could explore other options prior to implementing a new fee system In light of Pinellas County s continuing support of recreation throughout the county the three tier fee system appears to represent inequitable treatment to similarly situated citizens C Paul Cozzie D Parks and Recreation Department Pinellas County cc Board of County Commissioners Stephen M Spratt County Administrator Jake Stowers Assistant County Administrator Elizabeth Warren Director Culture Education and Leisure 8 5 fm4 ater u City Council w Bend over M I fI u m Tracking Number 1 361 Actual Date 05 19 2005 Subject Recommendation Approve the collective bargaining agreement as negotiated between the City of Clearwater and IAFF Local 1158 for Fiscal Year 2003 04 Summary The most recent collective bargaining agreement between the City of Clearwater and IAFF Local 1158 was a one year agreement for the period from October 1 2002 through September 30 2003 On April 21 2005 the parties reached a tentative agreement for a new one year agreement for the period from October 1 2003 through September 30 2004 The Union submitted the proposed agreement to its membership who ratified the agreement by a vote of 110 to 19 on May 16 18 2005 The total cost associated with the implementation of this agreement will be approximately 255 000 This is a One year agreement with no changes to the contract except for the following provisions Article 15 Wages and Compensation All bargaining unit employees who are currently inan active employment status as of the date of ratification of this Agreement by the Union shall be provided a one time lump sum bonus payment equal to the greater of 1 250 or 3 of the employee s gross wages for fiscal year 2003 2004 minus applicable withholding All other Articles and Sections of the collective bargaining agreement between the City and IAFF Local 1158 for the years 2002 2003 are to be continued and maintained as the status quo for the time period beginning October 1 2003 and ending September 30 2004 except that any applicable date references have been adjusted accordingly Originating Human Resources Section Other items on City Manager Reports Category Agreements Contracts with cost Public Hearing No Financial Information Operating Expenditure Bid Required No Bid Exceptions Impractical to Bid In Current Year Budget Yes Budget Adjustment No Current Year Cost 255 000 00 Review Approval Cvndie Goudeau Tina Wilson Garrv Brumback Leslie Dougall Sides Bill Horne City Council Ag a C I I1 05 19 2005 16 28 22 05 19 2005 09 10 02 05 19 2005 14 44 08 05 19 2005 09 46 12 05 19 2005 16 25 24 JJ 10 u City Council Cover Memorandum Tracking Number 1 362 Actual Date 05 19 2005 Subject Recommendation Approve the collective bargaining agreement as negotiated between the City of Clearwater and IAFF Local 1158 for Fiscal Years 2004 05 2005 06 and 2006 07 Summary On April 21 2005 the City of Clearwater and IAFF Local 1158 reached a tentative agreement for a one year contract covering the period from October 1 2003 through September 30 2004 On this date the parties also reached a second tentative agreement for a three year contract beginning October 1 2004 and ending September 30 2007 to be contingent on the prior ratification of the one year agreement for contract year 2003 04 The Union submitted the two proposed agreements to its membership and consequent to the ratification of the 2003 04 agreement the Union ratified the three year agreement by a vote of 110 to 19 on May 16 18 2005 The total cost associated with the implementation of this agreement will be approximately 3 9 million over three years This is a three year agreement that includes reformatting to be consistent with other Union collective bargaining agreements and provides for the following major provisions Article 1 Recognition Establish a new job classification of FireMedic and abolish the job classifications of Firefighter Paramedic and Firefighter Lead Medic Article 9 Wages Compensation Provide for a 5 general wage increaseeffective October 1st of each year in addition to maintaining the existing step merit pay increase plan Provide for additional one time adjustments ofapproximately 4 35 for Paramedics and 3 5 for Lieutenants in order to alleviate pay compression issues within the pay plan structure Provide for 100 per pay period to bepaid to all non Paramedic personnel who possess a valid Paramedic certification and agree to serve in a Paramedic capaCity as needed Provide for an increase from 950 to l OOO per member annually for the Personal Resource Allowance to cover uniforms and the loss of personal property Provide for an increase from 20 to 25 perpay period for all active Special Team members City Council g 11 da c w u m Provide for Standby Pay of 10 per nightand 50 per weekend to assigned Fire Prevention Inspectors Article 7 Personnel Practices Provide for a reduction of the average workweekthrough the use of Kelly days so that the average workweek will be reduced from the current 56 hour average to a 54 hour average in year two and a 53 hour average in year three Article 10 Insurance Maintain the current Benefits Committee healthinsurance recommendation process and guarantee continuation of at least one plan providing 100 coverage for employee only health insurance for duration of agreement Article 6 Grievance Procedure Establish the use of a standardized grievanceform consistent with other City bargaining units Article 12 Drug Alcohol Policy Bring the agreement into compliance with theCity wide Drug and Alcohol Policy currently in effect for all other City employees Article 8 Leaves of Absence Maintain all current leaveaccruals and caps Provide contract re opener for partiesto discuss Integrated Disability Management program Originating Human Resources Section Other items on City Manager Reports Category Agreements Contracts with cost Public Hearing No Financial Information Type Operating Expenditure Bid Required No Bid Exceptions Impractical to Bid In Current Year Budget Yes Total Cost 3 900 000 00 Review Approval Cvndie Goudeau 05 19 2005 16 27 32 u Tina Wilson Garrv Brumback Leslie Douqall Sides Bill Horne City Council 9 tl j co M l and U L 05 19 2005 09 10 51 05 19 2005 14 45 50 05 19 2005 10 32 04 05 19 2005 16 23 19 lE 13 1 City Council Cont J Televising Council Meetings An regular City Council meetings and work sessions will be televised on C View Efforts will be made to also televise specially scheduled meetings and work sessions However there will be times when this is not possible or practical No closed door attorney client or bargaining sessions will be televised K Information Available to Public and Press All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public via the Official Records and Legislative Services Department Note Policy K Revised and approved by Council 8 21 03 L Distribution of Council Mail All mail to the Mayor and the Council members arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be copied as follows Councilmembers will receive the original of items addressed to them whether anonymous or not Copies of everything will be made for the Official Records and Legislative Services Department the Legal Department and the public information file Mail will be delivered to the Council at least once per week On days mail is not delivered incoming mail will be faxed to each Councilmember Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager s Office Publications and lengthy agenda materials for other boards upon which the Councilmembers serve will not be copied Only the agendas will be copied and distributedItemsof considerable length such as petitions will not be copied but instead a memo will be distributed announcing the availability of the item in the office Mail with the words similar to Personal Confidential or For the Addressee Only will be delivered unopened to the addressee The Mayor and Council members receiving individually addressed mail will be responsible for replying asking the City Manager or City Attorney to reply or placing the matter on the agenda for formal Council consideration The City Manager will be responsible for seeing that mail addressed to the Council as a whole is properly answered or placed on the agenda The City Manager will discuss with the Mayor malicious mail 17 Rev 4 18 05 Wilson Denise C N qGS From Sent To Cc Subject Phillips Sue on behalf of Brumback Garry Friday May 13 20058 35 AM Hibbard Frank Jonson William Doran John Hamilton Hoyt Petersen Carlen Horne William Akin Pam Wilson Denise Reporter Buysse Beverly A FW Sailing Center Grant FYI Original Message From Buysse Beverly A Sent Wednesday May 11 2005 11 27 AM To Phillips Sue Cc Morris William D Yellin Catherine Subject Sailing Center Grant Sue Garry wanted to know about the grant at the sailing center The sailing center did receive a grant from the county for 250 000 over a three year period The grant is for handicapped seniors and youth to receive scholarships for sailing lessons Pinellas County identified 60 000 handicapped in the county that are in the unincorporated portion that they are trying to offer different programs to This grant is for persons in the unicorporated portion of the county The sailing center is currently working on the protocol for which these persons can receive the scholarship Bev Buysse 1 Horne William cJl 5 QoS From Sent To Cc Subject Clayton Gina Tuesday May 10 2005342 PM Brumback Garry Arasteh Mahshid Neff Andrew Quillen Michael Horne William Delk Michael Thompson Neil RE Reclaimed Water Site With regard to the annexation the next application deadline is May 26th The DRC is June 30th COB is Aug 16th 1st reading would be on July 21st and final reading on Aug 4th The site plan can be processed at the same time Depending on a few issues it would either be a DRC or COB review As the plans are now it is a COB public hearing Original Message From Brumback Garry Sent Tuesday May 10 2005 3 36 PM To Clayton Gina Arasteh Mahshid Neff Andrew Quillen Michael Horne William Cc Delk Michael Thompson Neil Subject RE Reclaimed Water Site Excellenthowlong is the process Garry Brumback Assistant City Manager 727 562 4053 Original Message From Clayton Gina Sent Tuesday May 10 2005 3 27 PM To Arasteh Mahshid Neff Andrew Quillen Michael Brumback Garry Horne William Cc Delk Michael Thompson Neil SUbject RE Reclaimed Water Site I spoke to the PPC staff and Pinellas County Planning Dept staff Gordon and Brian and both agree that the annexation of the reclaimed water site complies with Pinellas County Ordinance 00 63 mOriginal Message m From Arasteh Mahshid Sent Thursday May OS 2005 12 24 PM To Clayton Gina Neff Andrew Quillen Michael Brumback Garry Horne William Cc Delk Michael Thompson Neil Subject RE Reclaimed Water Site Thanks Gina BilI Garry FYI Gina and planning staff are also reviewing the site plan for a final assessment of any complications that might arise involving the annexation process Mahshid D Arasteh P E Public Works Administrator 727 562 4757 m Original Messagem From Clayton Gina Sent Wednesday May 04 20055 36 PM To Arasteh Mahshid Neff Andrew Quillen Michael Cc Delk Michael Thompson Neil Subject Reclaimed Water Site Mahshid according to the Countywide Future Land Use Plan map the reclaimed water site at McMullen Booth School is designated Institutional The property is contiguous to City boundaries to the north and could be annexed The property would retain the same land use it has in the County and would be giventheappropriateCityzoningdesignationwhichwouldbeInstitutionalThiszoningdistrictallows 1 utility infrastructure facilities as a flexible standard development which will require review and approval by the ORC The annexation will require a public hearing before the COB and two at City Council These applications could be processed concurrently Since no land use plan amendment will have to be processed this application will not be officially reviewed by the County The County staff will however review the annexation as they review all annexations Please let me know if you need any other information The next application deadline is 5 26 05 Below is the review schedule ORC June 30th COB Aug 16th City Council July 21 City Council August 4th 2 List of Public Safety Improvements Initiated by the SKCA with the full cooperation of the City of Clearwater dozen to a dozen changes in caution signs at our pedestrian cross walks several revisions to the striping at the cross walks in cooperation with the county and the city we requested pedestrian safety islands in the center turn lanes when Gulf Boulevard was widened recently formed a committee to look at other improvements to pedestrian cross walks the City built and staffed Fire Station 44 donated an ATV mule in support of FirelEMS rescue on the beach to the City and Station 44 to express our support and appreciation of the City and Fire Fighters and Rescue team six years ago formed and staffed 2832 volunteer hours in 2004 for the Sand Key Volunteer Beach Patrol one of the most successful in CPD and we patrol the city beach at the south landing of the Clearwater Pass bridge at the request of CPD signs at the public beach accesses citing prohibited items and behaviors three times we have opposed a commercial dock installation at the commercial property south of the Community Sailing Center to protect the children Abilities and other novice sailors worked a couple of times with the city and Progress Energy to reinstall downed and crooked street light poles purchased benches along Gulf Boulevard for seniors and medically challenged persons to rest and relax using impact fees or our dues CL s 0