10/20/2005
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City Council Agenda
Date: 10/20/2005 6: 00 PM
Location: Council Chambers - City Hall
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum
of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate
a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment
will be allowed for an agenda item. No person shall speak more than once on the same subject
unless granted permission by the City Council. The City of Clearwater strongly supports and fully
complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior
to the meeting if you require special accommodations at 727-562-4090. Assisted Listening
Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting
devices during the meeting.
1 Call to Order
2 Invocation
3 Pledge of Allegiance
4 Introductions and Awards:
4.1 Service Awards
5 Presentations:
5.1 Diversity Leadership Council Poster Contest Winner
5.2 Proclamation: Greenways & Trails; 15th Birthday of the Pinellas Trail
6 Approval of Minutes
6.1 October 6, 2005
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 Administrative public hearings
- Presentation of issues by City Staff
- Statement of case by applicant or representative (5 min.).
- Council Questions
- Comments in support or opposition (3 min. per speaker or 10 min. maximum as
spokesperson for others that have waived their time).
- Council Questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 Approve the applicant's request to vacate a 5-foot sidewalk easement which lies along
the east property lines of Lots 126 and 127, L1oyd-White-Skinner Subdivion, (a.k.a. 421
South Gulfview Boulevard), and pass Ordinance Number 7539-05 on first reading,
(VAC2005-14 Canterbury Property Management, Inc. and TLS Holding, Inc.),
8.2 Approve the applicant's request to vacate the drainage and utility easement that was
retained over a vacated portion of the right-of-way of Pine Street lying along the platted
southerly property lines of Lots 6 through 10, inclusive, Block 21, Magnolia Park, (a.k.a.
610 South Myrtle Avenue), and pass Ordinance 7540-05 on first reading, (VAC2005-15
Wells Court Development, LLC),
8.3 Continue to November 3, 2005, the declaration of surplus a 1,200 square foot parcel of
land, more or less, lying and being situate in the Northeast % of the Northeast % of the
Southeast % of Section 8, Township 29 South, Range 16 East for the purpose of
granting non-exclusive Ingress and Egress Easement thereupon to Venie W. Brinson,
a single woman, to appurtenant property located at 2998 Lake Vista Drive.
9 Quasi-judicial public hearings
Staff states and summarizes reasonsfor recommendation (2 minutes).
Applicant presents case, including its testimonyand exhibits. Witness may be
cross-examined (15 minutes).
Staff presents further evidence. Ma~e cross-examined (10 minutes).
Public comment (3 minutes per speakeror 10 minutes maximum as spokesperson
for others that have waived their time).
City Council discussion, andmay question any witness.
Applicant may call witnessesin rebuttal (5 minutes).
Conclusion by applicant(3 minutes).
Decision.
9.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the
County Residential Suburban (RS) Category to the City Residential Suburban (RS)
Category and Zoning Atlas Amendment from the County R-1, Single-Family Residential
District to the City Low Density Residential (LDR) District for 2275 MuMullen Booth
Road (Section 33, Township 28 South and Range 16 East); and Pass Ordinance
7534-05, 7535-05 & 7536-05 on first reading. (ANX2005-07024)
9.2 Approve a Future Land Use Plan Amendment from the Residential Low (RL) Category
to the Residential/Office General (R/OG) Category and a Zoning Atlas Amendment
from the Low Medium Density Residential (LMDR) District to the Office (0) District
Category for property located at 1532 South Highland Avenue and a portion of 1536
South Highland Avenue (consisting of Lots 7, 8, 9, 10, and 11, Block B, Scotia Heights,
Section 23, Township 29, Range 15 East); and Pass Ordinances 7519-05 & 7520-05
on first reading.
(LUZ2005-05009)
9.3 Approve the Petition for Annexation, Future Land Use Plan Amendment from the
Industrial Limited County (IL) Category to the City Industrial Limited (IL) Category and
Zoning Atlas Amendment from the County M-1, Light Manufacturing and Industry
District to the City Industrial, Research and Technology (IRT) District for 1715 Keene
Road. (part of Lots 25 and 26 , Pinellas Groves Subdivision in Section 1, Township 29
South and Range 15 East); and Pass Ordinance 7527-05, 7528-05 & 7529-05 on first
reading. (ANX2005-06022)
9.4 Approve the Petition for Annexation, Future Land Use Plan Amendment from the
County Residential Low (RL) Category to the City Residential Low (RL) Category and
Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the
City Low Medium Density Residential (LMDR) District for 1932 Summit Drive. (Lot 98,
Skyline Groves Subdivision in Section 6, Township 29 South and Range 16 East); and
Pass Ordinance 7530-05, 7531-05 & 7532-05 on first reading.
(ANX2005-06023)
9.5 Approve the Petition for Annexation, Future Land Use Plan Amendment from the
County Residential Urban (RU) Category to the City Residential Urban (RU) Category
and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to
the City Low Medium Density Residential (LMDR) District for 3137 San Jose St. (Lot
50, Del Oro Gardens Subdivision in Section 9, Township 29 South and Range 16
East); and Pass Ordinance 7521-05,7522-05 & 7523-05 on first reading.
(ANX2005-06020)
10 Second Readings - public hearing
10.1 Adopt Ordinance 7388-05 on second reading, making amendments to the
Comprehensive Plan of the city as adopted on May 18, 2000 and amended on July 12,
2001 and October 7,2004, by amending the future land use element by adding the
Resort Facilities Overlay (RFO) future land use as a land use map classification;
replacing references to the 1995 Clearwater Downtown Redevelopment Plan with the
2004 Clearwater Downtown Redevelopment Plan; and by deleting policies regarding
the mixed-use zoning district.
10.2 Adopt Ordinance 7486-05 on second reading, annexing certain real property whose
post office address is 2695 Second Avenue South, into the corporate limits of the city,
and redefining the boundary lines of the city to include said addition.
10.3 Adopt Ordinance 7487-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city, to designate the land use for certain
property whose post office address is 2695 Second Avenue South, upon annexation
into the City of Clearwater, as Residential Suburban and Preservation.
10.4 Adopt Ordinance 7488-05 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 2695 Second Avenue South,
upon annexation into the City of Clearwater, as Low Density Residential (LDR) and
Preservation (P).
10.5 Adopt Ordinance 7359-05 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to change the land use designation for
certain real property whose post office address is 2506 Countryside Boulevard from
Recreational/Open Space to Residential Urban.
10.6 Adopt Ordinance 7360-05 on second reading, amending the zoning atlas of the city by
rezoning certain property whose post office address is 2506 Countryside Boulevard,
from Open Space/Recreation (OS/R) to Medium Density Residential (MDR).
City Manager Reports
11 Consent Agenda
11.1 Ratify and confirm an indemnification agreement between the City and D.H. Griffin
Wrecking Co. Inc. and the City and Triangle Development Company L.L.C. for
Clearwater Fire and Rescue to perform training exercises on vacant land owned by the
company and grant authority to the City Manager or designee to enter into and approve
standard indemnification agreements for future use of private properties by the Fire
and Police Departments to conduct training exercises. (consent)
11.2 Approve a work order to Cumbey & Fair, Inc. (EOR) for $159,477 .00 to provide civil
engineering and architectural services for the Fire Training facilities, EOC building, and
Fire Station #48 at 1700 Belcher Road and that the appropriate officials be authorized
to execute same. (consent)
11.3 Approve settlement of the liability claims, including attorney fees, of Robert Ralston and
Marilyn Ralston for payment of $125,000. (consent)
11.4 Approve the final plat for "SUNSET POINT SUBDIVISION" located at 2945 Sunset
Point Road, approximately 2000 feet west of McMullen Booth Road. (consent)
11.5 Ratify and confirm supplemental professional engineering design services by McKim &
Creed for site re-design and permitting of the Union Street Booster Pumping Station
component of the Drew/Union RCW, Contract 2 - Booster Pumping Stations project,
and approve payment to McKim & Creed for this work in the amount of $43,900.00,
and that the appropriate officials be authorized to execute same. (consent)
11.6 Approve the work order to Wade-Trim of Tampa, an Engineer of Record, for the design
and permitting of the Bayfront Promenade in the amount of $143,914.98 and authorize
the appropriate officials to execute same. (consent)
11.7 Approve adding supporting legislation that would require hands free cell phones while
operating a motor vehicle, to the 2006 State Legislative package.
Purchasing
11.8 Duval Ford - 15 each 2006 Police Pursuit vehicles at a cost of $360,845.
11.9 Pinellas County Solid Waste Management Department - Disposal of refuse during the
period October 21, 2005 through October 31,2006 at a cost not to exceed $5,000,000.
12 Other items on City Manager Reports
12.1 Approve amendment to Chapter 22, Section 22.33 of the Code of Ordinances
authorizing a defined area for skim boards and surf boards on Clearwater Public Beach
and pass on first reading Ordinance No. 7542-05.
12.2 Approve acceptance of a FY 2005-2007 Edward Byrne Memorial Justice Assistance
Grant (JAG) grant in the amount of $1 01 ,553 from the U.S. Department of
Justice/Bureau of Justice Assistance (USDOJ/BJA) and approve an agreement with
the YWCA of Tampa Bay for provision of contractual services during the period
October 1,2005 - September 30,2007, in accordance with Sec. 2.564(1)(b), Code of
Ordinances - Sole Source. (consent)
12.3 Approve a work order with Cumbey & Fair, Inc. (EOR) for $101,269.00 to provide civil
engineering and architectural services for Fire Station 45 and Administration and
authorize the appropriate officials to execute same. (consent)
13 City Attorney Reports
13.1 Approve a Settlement Agreement regarding National Advertising Co. v. City of
Clearwater, Circuit Court Case No. 00-003844-CI-11, consolidated with Lamar Whiteco
Outdoor Corp. v. City of Clearwater, Consolidated Circuit Court Case No.
00-001939-CI-20. (consent)
14 City Manager Verbal Reports
15 Council Discussion Items
15.1 City Attorney Evaluation (Thursday)
15.2 City Manager Evaluation (Thursday)
16 Other Council Action
17 Adjourn
TO:
FROM:
SUBJECT:
COPIES:
DATE:
CITY OF CLEARWATER
I nterdepartmental Correspondence
Mayor and Councilmembers
Cyndie Goudeau, City Clerk
Follow up from October 17, 2005 Work Session dii)...
(.~
William B. Horne, City Manager
October 18, 2005
City Council Meeting 10-20-05: Agenda provided.
Aqenda
Minutes 6.1 Minutes from City Council Meeting 10-06-05: Added to agenda and paperwork
provided.
Item 9.2
Item 11.2
Item 11.7
Approve a Future Land Use Plan Amendment and Zoning Atlas Amendment for 1532 S
Highland Ave, ORD 7519-05 & 7520-05 on 1st reading (LUZ2005-05009). New
photograph page substituted due to grainy texture of first draft.
Approve a work order to Cumbey & Fair, Inc. to provide civil engineering and
architectural services for the Fire Training facilities, EOC building and Fire Station #48
at 1700 Belcher Rd. New memo substituted to correct spelling of Cumbey.
Approve adding supporting legislation that would require hands free cell phones while
operating a motor vehicle, to the 2006 State Legislative package. Item added to
agenda and paperwork provided.
1 of 1
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Interoffice Correspondence Sheet
To: Mayor and Councilmembers
From: Cyndie Goudeau, City Clerk
CC: Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin,
Asst. City Manager; Pam Akin, City Attorney
Date: October 20, 2005
RE: Revisions to Agenda Packet for October 20,2005
The following changes/additions are provided:
· Item 9.2 - Approve a Future Land Use Plan Amendment and Zoning Atlas
Amendment for 1532 S Highland Ave, and Pass Ord's: 7519-05 & 7520-05 on first
reading (LUZ2005-05009). Updated page 2 provided (Existing Surrounding Uses),
please replace.
Memo to Council for 10-20-05 CC Mtg - revisions.doc
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LC... ,'1\\1_, . '() ;)C' C' J
}!.ears oldl
JOIN US IN CELEBRATING
one of the country's best greenways right here in Pinellas County.
Live Band
Food
Amusement Games and Rides
Fire Trucks ~~
Safe Kids Display ~ 1 ~
Antique Bike Exhibit ~ e
,,~
Decorate your Bike and Enter our Bike Parade ~
Open to children up to 12 years old.
Saturday, October 29
For further details, please visit our
Web site at www.pinellascounty.org
or call the Parks and Recreation
Department at 464-3347.
9 AM - NOON
Taylor Park
1100 - 8th Avenue SW, Largo
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"{j>-rumotinf} unity within au r community>>
October 14, 2005
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Mayor Frank V. Hibbard, Council Members, City Mana'~Ir/ '.
City of Clearwater '~r"F",
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P.O. Box 4748 -''/.
,
Clearwater, FL 33758
t/
Dear Mayor Hibbard and Council:
I would like to call your attention to something that J, as well as our Association
board members believe is a real travesty relative to encouraging citizens to
become involved with common issues affecting their lives.
As each of you are aware, there was considerable opposition to the proposed
development, Skiff Point of Clearwater, LLC, a four story over parking
I condominium project to be built in the cul-de-sac on Skiff Point. Because of
resident concerns over the size, scale, bulk and height of this proposal and the
significant overflow parking issues already prevalent in this cul-de-sac, the Island
Estates Civic Association was asked to become involved and represent these
resident concerns. The board of directors supported this involvement and our
representatives began studying codes, approval processes, made presentations
to the COB and met with appropriate parties in a respectful manner. There was
much division among COB members regarding this project but, at the third
meeting, the COB voted its approval.
The continuing concerns of our residents and their requests to help them with
this issue led the Association's board to support an appeal based on the due
process of law and our rights under Section 4-502.8 of the City's Code. It was
our opinion that certain criteria in the code required for approval of this project
were not met by the applicant. With the support of over 200 residents and our
Board of Directors, we filed an appeal which we ultimately lost. We have
informed the residents who were opposed to this project that we have come to
the end of the legal road and now must respect the decision, embrace the project
and deal with the consequences appropriately when and if they arise.
The whole purpose of this letter Is to bring your attention to a matter of
intimidation, ethics and rights of citizens. During the appeal process, our Civic
Association received the attached two letters attempting to intimidate our
Association and its community residents into withdrawing our appeal prior to a
decision from the administrative judge. This letter was sent from the law firm
representing the applicant. It is our belief that these kinds of tactics are unethical
and intimidating and should not be tolerated. Associations like ours and the
140 Jsuln({Way #239
Cfearwllter, 1Ft:, 33161
Fr!d3.y, October 14,2005224 PM
FRANK L DAME 7272397287
p02
community's citizens have a right to due process and should be encouraged to
get involved with matters affecting their quality of Ijfe without intimidation.
I know that all of you have been supportive of our involvement and have been
trying to get all citizens of Clearwater involved in City government and issues that
affect their future. You have been attempting to assure them their voice will be
heard. However, unscrupulous actions such as these two letters in fact
discourage lay citizens from participating in government matters and undermine
the very objectives you are attempting to achieve.
It is also believed the way the current Community Development Code has been
written, for flexibility to encourage redevelopment is fraught with issues. It is too
complex for the lay citizen to understand and is flawed with so much subjectivity
that a developer can build essentially whatever they want without protecting the
rights of neighboring property owners or a community's existing character. It is
suggested that this code be reviewed and modified to identify more precisely, the
parameters for redevelopment flexibility.
ThanK you for your consideration.
Respectfully,
.~t?Q-~
---..
Frank L. Dame, President
Copies to:
Florida Bar
St. Petersburg Times
Clearwater Gazette
Frldo.y, October 14, 2005224 PM
FRANK L DAME 7272397287
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JOHNSON, POPE. BOKOR, RUPPEL & BURNS, LL
"TTOI\NEYS A!olD COU/'lSH.LORS AT LA.W.
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SCOTT C llGE~lUTZ
f]VI N K It I i\IlES
TJMOUlY A. JO~SO"', IR
, SRARON E'KJlICK
ROOP-R A. LARSON
LEANNE LEnn
~GEL1NA !.lJlVl
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CHTI-l-PlN LU '
MlCHAEL C MARKHAM
ZA.CHARY O. MESS...
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CHARl..E.S A.. SAMAIlJ(OS
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STEV.EN tl WEIl'iBERGU
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S7NeN A, WlU1AJlolSON
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"'Iea~e Rp.ply 10 11lr11 a
FilE NO 109943
September 12.2005
_ Mail
Ron cCreery
Vice resident
Isl;md Estates Civic A5sociation
14U I. and Way, #239
Clea ater, FL 33773
Re:
Island Estates Civic Assocfl~lion v. Commum1y Develop
City of Clearwater, and Skiff Point of Cle.arwBter, LLC
nt Board
"
r McCreery:
I represent Skiff Point of Clearwater, LLC. As you may know,
in the underlying proceedings before the Community Development
the a peal by the Island Estates Civic Association. That was handle
Troy erdue. 'have now had a chance to review the file and the tran
heari 9s concerning Skiff Point1s Appljc~tion. After reading the trans
and kiff Point!s's.ubm;~sions, it ;5 apparent 'tq m~ that your appe:al
The ppeal, nonetheless, delays the approved development of.
jeopa dizes Skiff Point's financing. In the event that Skiff Point"
additi nal fInancIng costs, includIng, without limitation, a higher intere
sale f any of its condominium units, Skiff Point reseNes the right t
Estat s Civic Association for any damages caused by 'these u
inapp opriate delays. .
was not involved
ard which led to
by my associate,
ripts or the three
ipts. staff reports
tally lacks merIt.
e property and
required to pay
rate or it loses a
ursue the Island
recedented and
As I am sure you are aware, a higher interest rate could
UIOUS nds of dollars in damages and the loss attributable to a failed
could be much higher. Statements made by you and members of 'I
delay associated with your baseless appeal have and will conti
Islan Estates Civic Association to significanl darnages.
use hundreds of
ondominium sale
r association and
e to expose the
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JOHNSON. POPE, BOKOR, RUPPEL & BURNS, LL
ATTORNEYS ..\liD COU~SELLOll.& AT LA\V
In that regard. I request that the Island Estates Civic Associati n provide us with
a co of any errors and omissions insurance policies or. other p Ijcies which may
provi e coverage for the claims described above. If the Associati n does not have
coun ell , suggest that it retain counsel to analyze Skiff Point's clai s and to confirm
that, nder Florida law, Skiff Point is entitled to a copy of the re ested insurance
polici 5 or declaration pages.
Sincerely,
JOHNSON. POPE, 8
RuruOL & a RNS,
1 l
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Darryl R. Ric rds
KOR,
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Friday, October 14,2005224 PM
FRANK L DAME 7272397287
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JOHNSON, POPE, BOKOR, RUPPEL & BURNS. L
ATTO{lNI;YS ...."'0 COUl'lSEl..LOIl.S AT l.AW
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JOA)l M. VECCIUOLl
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snYQI" WJU.IAMS
"OF COUNSEL.
flU; >jO 10g04J
September 30,2005
IIi'
Don cCreery
Vice Praeident
Isla Estates Civic Association
140 sland Way, #239
CIa ator, FL 33773
..
."
Re:
IS/and ESt8teS Civic ASsociation v. CommunitY be'mJo ent BOBrd,
City of ClearWater:, and Skiff Point of Cle8f.Water, . L~.c .
Dea Mr. McCreery:
As you know, I represent Skiff Point of Clearwater, LLC. n September 12,
200 , I sent you a letter requesting information concerning er rs and omiS5;ons
insu ance or other policies which might provide coverage for dalms gainst officers and
dire tors of Island Estates Civic Association. To date, you hay ignored that letter.
Und r Flortda law, you have 9n Obligation to provide the ;request policy or. disclose
Wne er any insurance coverage for potential claims exist. We, in .the p'rote~ of
pre ring the claims and again 'demand' that you p;ovi~e tlie r 'uested insurance
Info at;on. If forced. we will file 8 legal action to obtain :the Info ation requested in
whl h you are legally obligated to'provlde.
, .
As YOU know and I wigh to rQit~rat9. the delays caused by e actions of Island
Est res Civic Association and the damaging comments mtide con rning Skiff Point of
Cle rwater, LLC, by its officers and directors Is significant. The ~ mQges caused are
con nuing and will not be ignored. You were given' the opportun to withdraw your
app I and you did not take It. The Island Estates Civic Associa n must now suffer
the consequences. If you wiSh to reduce the exposure of I and Estates Civic
Ass ciation, I suggest you con3ider lmmecllatefy Withdrawing the ppeal so that Skiff
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Friday, October 14, 2005 224 PM
FRANK L DAME 7272397287
JOHNSON, POPE, BOKOR. RUPPEL & BURNS, L P
A,TTOJl.tlEYS ANI) COUNSELl.ORS AT LAW
Peg 2 .
Poin of Clearwater. LLC, may proceed with its development. In an vent, I expect that
you ill provide the requested information within 5 business days.
Sincerely,
DR lamt
#976
KOR,
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Tracking Number: 1,647
Actual Date: 10/20/2005
Subject / Recommendation:
Approve the applicant's request to vacate a 5-foot sidewalk easement which lies along the east
property lines of Lots 126 and 127, L1oyd-White-Skinner Subdivion, (a.k.a. 421 South Gulfview
Boulevard), and pass Ordinance Number 7539-05 on first reading, (VAC2005-14 Canterbury
Property Management, Inc. and TLS Holding, Inc.),
Summary:
Applicant is seeking vacation of the 5-foot sidewalk easement in order to prepare property
currently developed with two hotels, the Red Roof Inn and a Travelodge, for a redevelopment
project.
Proposed is a 100-unit condominium to be named Siena Sands.
Applicant obtained flexible development approval for construction of the project from the
Community Development Board on September 20, 2005.
Letters of no objection are not required from the various private utilites given that the easement
was granted as a sidewalk easement only.
Public Works Administration has no objections to the vacation request, as the Beach Walk plans
for Coronado Drive accommodate a seven foot sidewalk within the right-of-way.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearinq: Yes
Advertised Dates: 10/02/2005
10/09/2005
Financial Information:
Review Approval
Glen Bahnick
09-27-2005
15:12:19
Cvndie Goudeau
10-06-2005
15:32:22
Michael Ouillen
09-27-2005
16:20:45
Garrv Brumback
10-06-2005
12:02:33
Bryan Ruff
09-30-2005
13:07:59
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City Council
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Bill Horne
10-06-2005 14:49:58
ORDINANCE NO. 7539-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE FIVE-FOOT SIDEWALK
EASEMENT LYING ALONG THE EAST PROPERTY LINES
OF LOTS 126 AND 127, LLOYD WHITE SKINNER
SUBDIVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Canterbury Property Management, Inc. and TLS Holdings, Inc.,
owners of real property located in the City of Clearwater, have requested that the City
vacate the sidewalk easement depicted in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
5-foot sidewalk easement lying along the east property lines of Lots 126
and 127, Lloyd White Skinner Subdivision, as recorded in Plat Book 13,
Pages 12 and 13, Official Records of Pinellas County, Florida
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7539-05
Exhibit A Map: Canterbury Property Management, Inc./TLS Holdings,lnc.
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Public Works Administration / Engineering
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Vacate the 5-foot sidewalk easement lying adjacent to the
east Property lines of Lots 126 and 127, Lloyd White Skinner Sub.
Ordinance 7539-05
Drawn By:
S.K.
276A
Reviewed By: S. D . Scale: 1" = 1 00 ft
DWG. NO VAC 2005-14 Grid #
S - T - R 08-29s-15e Date: 09/15/05
Location Map: Canterbury Property Management, Inc.lTLS Holdings,lnc.
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Vacate the 5-foot sidewalk easement lying adjacent to the
east Property lines of Lots 126 and 127, Lloyd White Skinner Sub,
Ordinance 7539-05 Drawn By: S.K. Reviewed By: S.D. Scale: N.T.S
DWG. NO V AC 2005-14 Grid # 276A S - T - R 08-29s-15e Date: 09/16/05
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Phillips, Sue
From:
Sent:
To:
Cc:
Subject:
Quillen, Michael
Friday, October 14,20051:38 PM
Phillips, Sue
Delk, Michael; Rice, Scott; Manni, Diane; Doheny, Steve
FW: Councilmember Request # 6
Importance:
High
Sue- this item is on Monday's Council worksession, could you please try to get this response to the Councilmember
before then. Thanks!
This was a good question. The easement was granted in 1981 to allow installation of a sidewalk to avoid healthy trees in
the right-of-way. There are no sidewalk easements to the north or south. When the Red Roof Inn remodeled in 1999 the
trees were then in poor condition, the sidewalk was relocated back into the right-of-way and a driveway was constructed
through a portion of the easement. This property now has a development order to be redeveloped with 100 condom inium
units. The driveway is to remain located in the same place, and is the only driveway serving the development. The
remainder of the area where the easement is located will be part of the project's landscape buffer.
We have looked into the possibility of putting a bus shelter there, however the easement was granted for sidewalk
installation and maintenance purposes only, so the bus shelter could not encroach into the easement. The minimum pad
size for a shelter is 8' perpendicular to the street, consequently it would encroach into the easement. In addition it is
recommended to locate bus shelters at least 50' away from cross streets or major driveways and in this case the driveway
to a 100 unit condominium project could be considered a major driveway,
Yes, a 7' sidewalk is too limited for use by both pedestrians and a bus shelter. You would need at least 12' -13' of
available right-of-way.
-----Original Message-----
From: Delk, Michael
Sent: Thursday, October 13, 2005 5:23 PM
To: Quillen, Michael
Subject: FW: Council member Request #6
Importance: High
~
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-.:
Michael - Given this is a sidewalk easement question do you have any comments for me in my response?
Thanks.
michael
Michael Delk, AICP
Planning Director
City of Clearwater, FL
727-562-4561
myciearwater.com
-----Original Message-----
From: Phillips, Sue
Sent: Thursday, October 13, 2005 2:39 PM
To: Delk, Michael
Cc: Pullin, Sharon
Subject: Council member Request #6
Importance: High
Regarding the sidewalk easement vacation proposal for the Red Roof Inn, do we have similar easements on the
adjacent properties?
1
Have we considered using this additional easement for landscaping or expanded sidewalk that would allow a bus
stop shelter?
Isn't a seven-foot sidewalk too limited for use by both pedestrians and a bus stop shelter?
Please provide your response for the Councilmember to me no later than early Wednesday afternoon, October
19th. Thanks.
2
fj06t - I
'jZQ: €S" \
Jonson, William
.rom:
ent:
To:
Cc:
Subject:
Phillips, Sue
Friday, October 14, 20052:33 PM .
City Council
Horne, William; Brumback, Garry; Irwin, Rod; Goudeau, Cyndie; Akin, Pam; Quillen, Michael
FW: Councilmember Request #6
Importance:
High
Information provided by Mike Quillen in response to a Councilmember's question. Please note that this is on
Monday's work session.
-----Original Message-----
From: Quillen, Michael
Sent: Friday, October 14, 2005 1:38 PM
To: Phillips, Sue
Cc: Delk, Michael; Rice, Scott; Manni, Diane; Doherty, Steve
Subject: FW: Council member Request #6
Importance: High
Sue- this item is on Monday's Council worksession, could you please try to get this response to the Councilmember
before then. Thanks!
This was a good question. The easement was granted in 1981 to allow installation of a sidewalk to avoid healthy trees in
the right-of-way. There are no sidewalk easements to the north or south. When the Red Roof Inn remodeled in 1999 the
trees were then in poor condition, the sidewalk was relocated back into the right-of-way and a driveway was constructed
through a portion of the easement. This property now has a development order to be redeveloped with 100 condominium
units. The driveway is to remain located in the same place, and is the only driveway serving the development. The
eemainder of the area where the easement is located will be part of the project's landscape buffer. .
We have looked into the possibility of putting a bus shelter there, however the easement was granted for sidewalk
installation and maintenance purposes only, so the bus shelter could not encroach into the easement. The minimum pad
size for a shelter is 8' perpendicular to the street. consequently it would encroach into the easement. In addition it is
recommended to locate bus shelters at least 50' away from cross streets or major driveways and in this case the driveway
to a 100 unit condominium project could be considered a major driveway.
Yes, a 7' sidewalk is too limited for use by both pedestrians and a bus shelter, You would need at least 12' - 13' of
available right-of-way.
-----Original Message-----
From: Delk, Michael
Sent: Thursday, October 13, 2005 5:23 PM
To: Quillen, Michael
Subject: FW: Councilmember Request #6
Importance: High
Michael - Given this is a sidewalk easement question do you have any comments for me in my response?
Thanks.
michael
Michael Delk, AICP
Planning Director
City of Clearwater, FL
.w27-562-4561
Wnyclearwater.com
.
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Tracking Number: 1,650
Actual Date: 10/20/2005
Subject / Recommendation:
Approve the applicant's request to vacate the drainage and utility easement that was retained
over a vacated portion of the right-of-way of Pine Street lying along the platted southerly
property lines of Lots 6 through 10, inclusive, Block 21, Magnolia Park, (a.k.a. 610 South Myrtle
Avenue), and pass Ordinance 7540-05 on first reading, (VAC2005-15 Wells Court Development,
LLC),
Summary:
The applicant is seeking vacation of the easement in order to allow construction of a new
townhome project to be known as, "Clearwater Flats", on the site formerly occupied by Scotty's
hardware and lumber yard.
On September 21, 2005, the Community Development Board approved a mixed use
development proposal allowing reduced setbacks for 48 townhome units and 2,757 square feet
of retail and restaurant floor area.
A City of Clearwater sanitary sewer line is the only utility presently located in the easement.
The applicant will relocate the sanitary line on the subject property and provide an easement
meeting city engineering requirements.
Verizon, Brighthouse, Progress Energy and Knology and Progress Energy have no objections to
the vacation request.
Public Works Administration has no objections to the vacation request.
Oriqinating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates: 10/02/2005
10/09/2005
Financial Information:
Review Approval
Glen Bahnick
09-27-2005
09:49:29
Cvndie Goudeau
10-06-2005
15:32:57
Michael Quillen
09-27-2005
16:23:52
Garrv Brumback
10-06-2005
12:01 :01
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Bill Horne
City Council
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09-30-2005 13:05:59
10-06-2005 14:48:48
ORDINANCE NO. 7540-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 60-FOOT DRAINAGE AND
UTILITY EASEMENT RETAINED OVER THE VACATED
RIGHT-OF-WAY OF PINE STREET LOCATED ALONG THE
SOUTH PLATTED PROPERTY LINES OF LOTS 6
THROUGH 10, INCLUSIVE, BLOCK 21, MAGNOLIA PARK;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Wells Court Development, Inc., owner of real property located in the
City of Clearwater, has requested that the City vacate the drainage and utility easement
depicted in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
60-foot drainage and utility easement retained over the vacated right-of-way
of Pine Street located along the south platted property lines of Lots 6
through 10, inclusive, Block 21, Magnolia Park, as recorded in Plat Book 1,
Page 70 and Plat Book 3, Page 43, Public Records of Pinellas County,
Florida
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7540-05
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Vacate the drainage and utility easement retained over the vacated right-of-way of Pine Street
located along the platted south property lines of Lots 6-10, inclusive Block 21, Magnolia Parle
Ordinance 7540-05
Drawn By:
S.K.
2958
Reviewed By: S.D. Scale: N.T.S
S - T - R 16-29s-15e Date: 09/19/05
DWG. NO V AC 2005-15 Grid #
Exhibit A Map: Wells Court Development,LLC
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Public Works Administration I Engineering
5 Vacate the drainage and utility easement retained over the vacated right-of-way of Pine Street
located along the platted south property lines of Lots 6-10. inclusive Block 21, Magnolia Park,
Ordinance 7540-05
Drawn By:
S.K.
2958
Reviewed By: S.D. Scale:" = 100 ft
5 - T - R 16-29s-15e Date: 09/15/05
DWG, NO V AC 2005-15 Grid #
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,;;;,="_,,l~genda @~~ver Me!!lo~!!!~,!:!,,!!I""'__'M'""_"';""@"'"'''''''@'=''''''';@,.=,,_~,=,"_,,_
Trackina Number: 1,682
Actual Date: 10/20/2005
Subiect / Recommendation:
Continue to November 3, 2005, the declaration of surplus a 1,200 square foot parcel of land,
more or less, lying and being situate in the Northeast V4 of the Northeast V4 of the Southeast V4 of
Section 8, Township 29 South, Range 16 East for the purpose of granting non-exclusive Ingress
and Egress Easement thereupon to Venie W. Brinson, a single woman, to appurtenant property
located at 2998 Lake Vista Drive.
Originating: Engineering
Section: Administrative public hearings
Categorv: Other
Public Hearina: Yes
Advertised Dates: 10/09/2005
Financial Information:
~ Other
Review Aoproval
Rosemarie Call
10-12-2005
10:23:53
I
City Council
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Tracking Number: 1,648
Actual Date: 10/20/2005
Subject / Recommendation:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Suburban (RS) Category to the City Residential Suburban (RS) Category and Zoning
Atlas Amendment from the County R-l, Single-Family Residential District to the City Low
Density Residential (LDR) District for 2275 MuMullen Booth Road (Section 33, Township 28
South and Range 16 East); and Pass Ordinance 7534-05, 7535-05 & 7536-05 on first reading.
(ANX2005-07024 )
Summary:
This annexation involves a 20.0-acre property consisting of one parcel, located on the west side
of McMullen Booth Road, approximately 180 feet north of Crest Drive. The property is
contiguous with existing City boundaries to the north; therefore, the proposed annexation is
consistent with Pinellas County Ordinance No. 00-63 with regard to voluntary annexation. The
applicant is requesting this annexation in order to receive water and sanitary sewer service from
the City and develop a single-family residential subdivision. It is proposed that the property be
assigned a Future Land Use Plan designation of Residential Suburban (RS) and a zoning category
of Low Density Residential (LDR).
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 and the Community Development Code.
. The proposed annexation is contiguous to existing municipal boundaries, represents a logical
extension of the city boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff
accordance with the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2005-07024) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on September 20, 2005 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 09/20/2005
10/20/2005
11/03/2005
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Financial Information:
Review Approval
Gina Clavton 09-27-2005 08:01: 11
Cvndie Goudeau 10-06-2005 15:35:33
Michael Delk 09-27-2005 09:22:25
Garrv Brumback 10-06-2005 11 :56:20
Leslie Dougall-Sides 09-30-2005 16:38: 14
Bill Horne 10-06-2005 14:44:02
ORDINANCE NO. 7534-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF MCMULLEN BOOTH ROAD, BETWEEN CREST
DRIVE AND MARLO BOULEVARD, CONSISTING OF A
PORTION OF THE NORTHWEST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF SECTION 33, TOWNSHIP 28
SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS
2275 MCMULLEN BOOTH ROAD, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See attached legal description
(ANX2005-07024 )
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:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 7534-05
I
ORDINANCE NO. 7535-05
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 ON THE
WEST SIDE OF MCMULLEN BOOTH ROAD, BETWEEN CREST
DRIVE AND MARLO BOULEVARD, CONSISTING OF A
PORTION OF THE NORTHWEST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF SECTION 33, TOWNSHIP 28
SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS
2275 MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN
(RS); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
See attached legal description
(ANX2005-07024 )
Land Use Cateaorv
Residential Suburban (RS)
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. 7534-05.
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. 7535-05
ORDINANCE NO. 7536-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF
MCMULLEN BOOTH ROAD, BETWEEN CREST DRIVE AND
MARLO BOULEVARD, CONSISTING OF A PORTION OF THE
NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-
QUARTER OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16
EAST, WHOSE POST OFFICE ADDRESS IS 2275 MCMULLEN
BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
See attached legal description
(ANX2005-07024 )
Zoninq District
Low Density Residential (LDR)
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. 7534-05.
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. 7536-05
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
September 20, 2005
ANX2005-07024
Renaissance Oaks LLC.
2275 McMullen Booth Rd.
G6
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 20.0-acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Suburban (RS) Category (County) to Residential
Suburban (RS) Category (City of Clearwater); and
(c) Rezoning from R-1, Single-Family Residential District
(County) to Low Density Residential (LDR) District
(City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
871,200 square feet or 20.0 acres
(993 feet wide by 1233 feet deep mol)
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
43 Single-family dwellings
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Suburban (RS) (County)
Residential Suburban (RS) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-1, Single-Family Residential (County)
Low Density Residential (LDR) (City)
Staff Report - Community Development Board - September 20,2005 - Case ANX2005-07024 Page 1
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Open Space
ANALYSIS
This annexation involves a 20.0-acre property consisting of one parcel, located on the west side
of McMullen Booth Road, approximately 180 feet north of Crest Drive. The property is
contiguous with existing City boundaries to the north; therefore, the proposed annexation is
consistent with Pinellas County Ordinance No. 00-63 with regard to voluntary annexation. The
applicant is requesting this annexation in order to receive water and sanitary sewer service from
the City. It is proposed that the property be assigned Future Land Use Plan designations of
Residential Suburban (RS) and zoning categories of Low Density Residential (LDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
Water service from the City of Clearwater is available in the west McMullen Booth right of way.
Sanitary sewer service will be provided by the City of Clearwater and the City has adequate
capacity to serve this property. The closest sanitary sewer line is located in an easement along
the south side of the parcel. The applicant will pay the required impact and assessment fees once
the property is platted and developed with single-family dwellings. The applicant is aware of the
additional costs to extend City sewer service to the 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
Resource 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
district headquarters located at 2851 N. 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 proposed 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 #50 located at
2681 Countryside Blvd. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Staff Report - Community Development Board - September 20, 2005 - Case ANX2005-07024 Page 2
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with water, sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse effect on public
facilities and their levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Suburban (RS). It is the purpose of the RS category to depict
those areas of the County that are now developed, or appropriate to be developed, in a suburban,
low density residential manner; and to recognize such areas as primarily well-suited for
residential uses that are consistent with the suburban, non-intensive qualities and natural resource
characteristics of such areas. Residential is the primary use in this plan category up to a
maximum of two and a half (2.5) dwelling units per acre. Secondary uses include Residential
Equivalent; Institutional; TransportationlUti1ity; Public Educational Facility; Ancillary Non-
Residential and Recreation/Open Space. The property will be assigned the City's RS category.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 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 contiguous with existing City boundaries to the north
and will be located in the RS category. The proposed annexation is consistent 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-1, Single Family Residential District in Pinellas County. The
applicant proposes to rezone the property to the Low Density Residential (LDR) District. Under
the current LDR zoning district provisions, a minimum lot width of 100 feet and a minimum lot
area of 5,000 square feet are required. The subject site is 993 feet wide and 871,200 square feet
in lot area.
Staff Report - Community Development Board - September 20, 2005 - Case ANX2005-07024 Page 3
Recommended Conclusions of Law
The subject property exceeds the City's minimum LDR 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 Countywide Future Land Use Plan designation for the site,
which will remain Residential Suburban (RS) with a maximum density of 2.5 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
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 north 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 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 - September 20,2005 - Case ANX2005-07024 Page 4
SUMMARY AND RECOMMENDATIONS
The proposed annexation can be served by City of Clearwater services, including water, sanitary
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 voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of20.0-acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Suburban (RS) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Low Density Residential (LDR) zoning classification
pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslANX - 2005IANX2005-07024 2275 McMullen Booth Road Renaissance
OakslStaff Report .doc
Staff Report - Community Development Board - September 20,2005 - Case ANX2005-07024 Page 5
3. Front view of2275 McMullen Booth Road
4. View to the north of 2275 McMullen Booth Rd.
5. View to the south of2275 McMullen Booth Rd.
RENAISSANCE OAKS, LLC PROPERTY. ANX2005-07024
2275 MCMULLEN BOOTH ROAD
Aerial Photograph
Owner Renaissance Oaks, LLC Case: ANX2005-07024
Site: 2275 McMullen Booth Road Property Size 20.0
(Acres):
Land Use Zoning
PIN: 33- 28-16-00000-320-0200
From: RS (County) R-1 (County)
To: RS (City) LDR (City) Atlas Page: 245A
Existing Surrounding Use Map
Owner
Renaissance Oaks, LLC
Case:
ANX2005-07024
Site:
2275 McMullen Booth Road
Property Size
(Acres):
20.0
Land Use
Zoning
PIN: 33-28-16-00000-320-0200
From:
RS (County)
R-1 (County)
To:
RS (City)
LDR (City)
Atlas Page:
245A
RIDS
Future Land Use Map
Owner Renaissance Oaks, LLC
Case:
ANX2005-07024
Site: 2275 McMullen Booth Road
Property Size
(Acres):
20,0
Land Use
Zoning
PIN: 33-28-16-00000-320-0200
From:
RS (County)
R-1 (County)
To:
RS (City)
LDR (City)
Atlas Page:
245A
Location Map
Owner Renaissance Oaks, LLC Case: ANX2005-07024
Site: 2275 McMullen Booth Road Property Size 20.0
(Acres):
Land Use Zoning
PIN: 33-28-16-00000-320-0200
From: RS (County) R-1 (County)
To: RS (City) LOR (City) Atlas Page: 245A
Proposed Annexation Map
Owner Renaissance Oaks, LLC Case: ANX2005-07024
Site: 2275 McMullen Booth Road Property Size 20.0
(Acres):
Land Use Zoning
PIN: 33-28-1 6-00000-320-0200
From: RS (County) R-1 (County)
To: RS (City) LOR (City) Atlas Page: 245A
Zoning Map
Owner Renaissance Oaks, LLC Case: ANX2005-07024
Site: 2275 McMullen Booth Road Property Size 20,0
(Acres):
Land Use Zoning
PIN: 33-28-16-00000-320-0200
From: RS (County) R-l (County)
To: RS (City) LDR (City) Atlas Page: 245A
~b ~:~::em~and1!!'l ~_
Tracking Number: 1,651
Actual Date: 10/20/2005
Subject / Recommendation:
Approve a Future Land Use Plan Amendment from the Residential Low (RL) Category to the
Residential/Office General (RjOG) Category and a Zoning Atlas Amendment from the Low
Medium Density Residential (LMDR) District to the Office (0) District Category for property
located at 1532 South Highland Avenue and a portion of 1536 South Highland Avenue
(consisting of Lots 7, 8, 9, 10, and 11, Block B, Scotia Heights, Section 23, Township 29, Range
15 East); and Pass Ordinances 7519-05 & 7520-05 on first reading.
(LUZ2005-05009)
Summary:
SUMMARY: This Future Land Use Plan (FLUP) amendment and rezoning application involves
property comprising approximately 0.4121 acres in area located on the west side of Highland
Avenue, 700 feet north of the intersection of Highland Avenue and Belleair Road. This property
has a FLUP classification of Residential Low (RL) and a zoning designation of Low Medium
Density Residential (LMDR). The applicant is requesting to amend the FLUP designation of the
site to the Residential/Office General (R/OG) classification and to rezone part of the property
(0.329 acres), 1532 South Highland Avenue to the Office (0) District in order to use the
property for offices. A small portion of the site (0.0831 acres), part of 1536 South Highland
Avenue, has an existing zoning designation of Office, but has a FLUP classification of RL.
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 size of the proposed plan category, the application
is a small-scale amendment and review and approval by the Florida Department of Community
Affairs is not required.
The Community Development Board reviewed these applications at its public hearing on
September 20, 2005 and unanimously recommended approval of both applications.
Oriqinatinq: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearinq: Yes
Advertised Dates: 09/20/2005
10/20/2005
11/03/2005
pi-\:) -d.
9.~
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u~ Aoenda Cover Memorandum
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City Council
Financial Information:
Review Aoproval
Gina Clavton 09-27-2005 09:40:36
Cvndie Goudeau 10-06-2005 15:53: 15
Michael Delk 09-27-2005 09:48:56
Garrv Brumback 10-06-2005 15:43:07
Leslie Douqall-Sides 10-06-2005 15: 10: 19
Bill Horne 10-06-2005 15:48: 12
ORDINANCE NO. 7519-05
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 WEST SIDE OF SOUTH HIGHLAND
AVENUE, 700 FEET NORTH OF THE INTERSECTION OF
BELLEAIR ROAD AND HIGHLAND AVENUE CONSISTING OF
LOTS 7,8,9,10, AND 11, BLOCK B, SCOTIA HEIGHTS, WHOSE
POST OFFICE ADDRESS IS 1532 SOUTH HIGHLAND AVENUE
AND A PORTION OF 1536 SOUTH HIGHLAND AVENUE, FROM
RESIDENTIAL LOW TO RESIDENTIAL/OFFICE GENERAL;
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
Lots 7, 8, 9, 10, and 11, Block B, Scotia
Heights, according to map or plat thereof as
recorded in Plat Book 10, Page 10, Public
Records of Pinellas County, Florida
(LUZ2005-05009)
Land Use CateQorv
From: Residential Low
To: Residential/Office General
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
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7519-05
ORDINANCE NO. 7520-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF
SOUTH HIGHLAND AVENUE, 800 FEET NORTH OF THE
INTERSECTION OF BELLEAIR ROAD CONSISTING OF LOTS 8,
9, 10, AND 11, BLOCK B, SCOTIA HEIGHTS, WHOSE POST
OFFICE ADDRESS IS 1532 SOUTH HIGHLAND AVENUE, FROM
LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO OFFICE (0);
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
Lots 8, 9, 10, and 11, Block B, Scotia
Heights, according to map or plat thereof as
recorded in Plat Book 10, Page 10, Public
Records of Pinellas County, Florida
(LUZ2005-05009)
Zoninq District
From: Low Medium Density Residential
(LMDR)
To: Office (0)
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 7519-05 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. 7520-05
CDB Meeting Date:
Case Number:
Owner/Applicant:
Address:
Agenda Item:
S~tember 20. 2005
LUZ2005-05009
Aubrey and Carolin Wilkes
1532 and 1536 S Highland Avenue
HI
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Future Land Use Plan amendment from the Residential
Low (RL) Classification to the Residential Office
General (RIO G) Classification; and
(b) Rezoning from the Low Medium Density Residential
(LMDR) District to the Office (0) District.
SITE INFORMATION
PROPERTY SIZE:
17,951 square feet or 0.4121 acres (1532 S. Highland
Avenue and a portion of 1536 S. Highland Avenue; Lots 7,
8,9,10, and 11)
PROPERTY USE:
Current Use:
Proposed Use:
Single Family Dwelling
Offices
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL)
Residential Office General (RlOG)
ZONING DISTRICT:
Current District:
Proposed District:
Low Medium Density Residential (LMDR)
Office (0)
Staff Report - Community Development Board - September 20, 2005 - Case LUZ2005-05009 Page 1
1--
EXISTING
SURROUNDING USES:
North: Single family residential
South: Nursery
East: Vacant and retail
West: Single family residential
ANALYSIS:
This Future Land Use Plan (FLUP) amendment and rezoning application involves
property comprising approximately 0.4121 acres in area located on the west side of
Highland Avenue, 700 feet north of the intersection of Highland Avenue and Belleair
Road. This property has a FLUP classification of Residential Low (RL) and a zoning
designation of Low Medium Density Residential (LMDR). The applicant is requesting to
amend the FLUP designation of the site to the Residential Office General (RIO G)
classification and to rezone part of the property (0.329 acres) 1532 South Highland
Avenue to the Office (0) District in order to construct offices. A small portion of the site
(0.0831 acres), part of 1536 South Highland Avenue, has an existing zoning designation
of Office, but has a FLUP classification ofRL.
In accordance with the Countywide Plan Rules, the FLUP amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as
the Countywide Planning Authority. Based on the size of the parcel, review and approval
by the Florida Department of Community Affairs is not 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.
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.
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 - September 20,2005 - Case LUZ2005-05009
Page 2
I
I
-~
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. The
development of an office at this location will be compatible with the surrounding environment
and will not significantly impact levels of City services.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact
The purpose of the proposed Residential/Office General (RlOG) category, as specified in Section
2.3.3.4.2 of the Countywide Rules, is to depict those areas of the County that are now developed,
or appropriate to be developed, in a office and/or medium density residential use; and to
recognize such areas as primarily well-suited for mixed use of an office/residential character
consistent with the surrounding uses, transportation facilities and natural resource characteristics
of such areas.
The site is located in close proximity to commercial areas (with Commercial and Office Zoning
District designations) located on the east side of Highland Avenue. It is also located in an area
that is developed with residential uses. To the west is single family residential land use and
LMDR zoning. To the south is property located within the Office Zoning District. The proposed
use of the property, offices, is consistent with the purposes of the Residential Office General
(RIO G) category.
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.F.3]
Recommended Findings of Fact
Residential land use characterizes the immediate areas to the north and west. An existing
landscape nursery business occupies property to the immediate south. Further south, just north of
the Highland Avenue and Belleair Road intersection, is a small office park. To the east is a
shopping center. This area of Clearwater, along Highland Avenue, is developed with residential,
retail, and offices.
Staff Report - Community Development Board - September 20,2005 - Case LUZ2005-05009
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 0.4121 acres in area and is occupied by
a single-family dwelling. Based on a maximum permitted development potential in the proposed
Residential/Office General FLUP category, a floor area of 6,817 feet 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 (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 next table.
Maximum Dail Added Potential Tri s
Maximum PM Peak Hour Added Potential Tri S3
Volume of Highland Avenue: Between Nursery Ave and
Belleair Road
LOS of Highland Avenue: Between Nursery Ave and
Belleair Road
N/ A = Not Applicable LOS = Level-of-Service
12,163
12,184
12,233
49
B
B
B
B
I = Based on ppe calculations of trips per acre per day for the Residential Low Medium Future Land Use Category,
2 = Based on PPC calculations of trips per acre per day for the Residential/Office General Future Land Use Category,
3 = Based on MPO K-factor of 0.095
Source: "The Rules" of the Countywide Future Land Use Plan
Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
Report, the segment of Highland Avenue, Nursery to Belleair has a LOS of B.
The proposed FLUP category will generate more PM Peak Hour traffic on this segment of
Highland Avenue by 5 new trips. The net increase in trips is de minimous and the LOS of the
surrounding road network will not be negatively impacted.
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 - September 20,2005 - Case LUZ2005-05009
Page 4
1
10
N/A
1
N/A
dwellin unit
Proposed Zoning (0) /Future Land Use Plan (R/OG)
Office (11.01Iripsll,OOO square
feel)
6,817
75
65
10
9
s uare feet
The proposed plan amendment and rezoning will not result in the degradation of the existing
LOS to the surrounding road network.
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 not located on any mass
transit route. Neighboring mass transit routes are located on Missouri Avenue, Lakeview Road,
and East Bay Drive.
Water
The current FLUP category could use up to 250 gallons per day for one residential dwelling unit
or 500 gallons per day for two residential dwelling units. Under the proposed FLUP category,
water demand could approach approximately 682 gallons per day.
Wastewater
The current FLUP category could produce up to 200 gallons per day for one residential dwelling
unit or 400 gallons per day for two residential dwelling units. Under the proposed FLUP
category, sewer demand could approach approximately 545 gallons per day.
Solid Waste
The current FLUP category would result in the production of 2.53 tons of solid waste per year for
one residential dwelling unit or 5.06 tons of solid waste per year for two residential dwelling
units.. Under the proposed FLUP category, the development of an office building could generate
18.4 tons of solid waste per year.
Recreation and Open Space
The proposed future land use plan and zoning designations will permit the development of up to
6,817 square feet of gross floor area. The use of the site is proposed to be limited to an office
building, therefore, payment of Open Space, Recreation Land and Recreation Facility impact fees
will not be required at this time.
Staff Report - Community Development Board - September 20, 2005 - Case LUZ2005-05009
Page 5
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that the traffic generated by this plan
amendment will not result in the degradation of the existing LOS to the surrounding road
network or to the operational efficiency of the signalized intersection. Further, there is a minimal
impact to water, wastewater, and solid waste service. Open space and recreation facilities and
mass transit will not be affected by the proposed future land use plan and zoning designations.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended of Findings of Fact
No wetlands appear to be located on the subject site. This property is wooded to some extent.
In the event that development is proposed which does not meet the minimum development
standards of the Community Development Code, site plan review may be required.
Prior to development of the 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.
Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject site. The site is
wooded. There is minimal impact to the City of Clearwater by the proposed office use.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
Recommended Findings of Fact
The location of the proposed Office (0) District boundaries is consistent with the boundaries of
the subject site. The site is generally rectangular. The proposed boundaries are logical and
consolidate this site into the appropriate zoning district. The proposed Office District is
compatible with the existing Office (0) District to the south and to the northeast. A portion of the
subject site, "Lot 7", is already within the Office (0) District.
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 2-1002 & 4-602.F.1. and .2.]
Recommended Findings of Fact
The existing RL Future Land Use Plan category and LMDR zoning district permit detached
dwellings at a maximum density of five dwelling units per acre. The proposed land use is office.
The subject site proposed for rezoning has a lot width of approximately 100 feet and a lot area of
Staff Report - Community Development Board - September 20, 2005 - Case LUZ2005-05009
Page 6
.3297 acres (14,361 square feet). The Office zoning district minimum lot width requirement is
100 feet and the minimum lot area requirement is 10,000 square feet.
Recommended Conclusions of Law
The proposed use of the subject site is consistent with the uses allowed in the Office zoning
district and the site meets the 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 Low (RL) category to the Residential/Office
General (R/OG) category and a rezoning from the Low Medium Density Residential (LMDR)
District to the Office (0) District for the subject site is requested. The site proposed to be
developed is .3297 acres (14,361 square feet) and exceeds the minimum lot size requirement for
office use within the Office Zoning District. The neighborhood is characterized by a mix of
single family residential detached dwellings, offices, a nursery, vacant land, and a large grocery
store as part of a retail strip center. The proposed future land use plan amendment and rezoning
is compatible with the existing neighborhood.
The proposed Residential/Office General (R/OG) Future Land Use Plan classification and Office
(0) 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. Further, the proposed Residential/Office General (R/OG) Future Land Use Plan
classification for a portion of 1536 South Highland Avenue, known as "Lot 7", provides a correct
underlying future land use for property that has an existing Office (0) zoning district
classification.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
ACTIONS:
a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential
Low (RL) Classification to the Residential/Office General Classification (1532 South
Highland Avenue and a portion of 1536 South Highland Avenue); and
b) Recommend APPROVAL of the rezoning property with the address of 1532 South Highland
Avenue from the Residential Low Medium Residential (LMDR) District to the Office (0)
District.
Staff Report - Community Development Board - September 20,2005 - Case LUZ2005-05009
Page 7
Prepared by Planning Department staff:
Michael H. Reynolds, AICP, Planner ill
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S: IPlanning DepartmentlC D BILand Use AmendmentsILUZ 2005ILUZ2005-05009 1532 S. Highland Avenue Wilkes, Aubrey &
Caroline1LUZ2005-05009 Staff Report. doc
Staff Report - Community Development Board - September 20, 2005 - Case LUZ2005-05009
Page 8
VIew looking northwest from S. Highland Avenue
V iew looking south from site along S. Highland A venue
View looking southeast at nursery site
View looking west from S, Highland Avenue
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View looking northwest from S. Highland A venue
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Location Map
Owner:
Aubrey and Coraline Wilkes
Case:
LU Z2005-05009
Site:
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and port of 1536 S. Highland Avenue (Lot 7)
Property
Size(Acres):
.4121
Land Use
Zoniog
PIN,
23/29/15/79254/002/0080
23/29/15/79254/002/0010
J=rom:
RL
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To: R/OG
*Lot 7 will retain its existing zonng, O.
0*
Atlas Page:
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Existing Surrounding Uses Map
Owner:
Aubrey and Caroline Wilkes
Case:
l U Z 2005-05009
Site:
1532 S. Highland Avenue (lots 8,9 10, 11)
and part of 1536 S. Highland Avenue flot 7)
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From:
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Property
Size!Acres!:
ZonlOQ
PIN:
23/29/15/79254/002/0080
23/29/15/7925~/002/0010
lMDR
0*
Atlas Page:
315A
I
Aerial Map
Owner:
Aubrey and Caroline Wilkes
Case:
L U Z2005-05009
S;te:
1532 S. Highland Avenue (Lots 8,9,10,11)
and part of 1536 S. Highland Avenue (Lot 7)
Property
Size(Acres):
.4121
Land Use
Zoninq
PI~~:
23/29/15/79254/002/0080
23/29/15/79254/002/0010
~rom :
RL
LMDR
To:
R/OG
0*
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Atlas Page:
315A
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Site:
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23/29/15/79254/002/0080
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City Council
? LC)- ~
g.3
Tracking Number: 1,652
Actual Date: 10/20/2005
Subject / Recommendation:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the Industrial
Limited County (IL) Category to the City Industrial Limited (IL) Category and Zoning Atlas
Amendment from the County M-1, Light Manufacturing and Industry District to the City
Industrial, Research and Technology (IRT) District for 1715 Keene Road. (part of Lots 25 and 26
, Pinellas Groves Subdivision in Section 1, Township 29 South and Range 15 East); and Pass
Ordinance 7527-05, 7528-05 & 7529-05 on first reading. (ANX2005-06022)
Summary:
This annexation involves a 0.36-acre property consisting of one parcel, located on the east side
of Keene Road, approximately 35 feet south of CSX Transportation rail lines. The property is
located within an enclave and is contiguous to existing City boundaries to the south and west;
therefore, the proposed annexation is consistent with Pinellas County requirements with regard
to voluntary annexation. It is also proposed that the abutting Keene Road right-of-way not
currently within the City limits be annexed. The applicant is requesting this annexation in order
to provide vehicular access to a City facility. It is proposed that the property be assigned a
Future Land Use Plan designation of Industrial Limited (IL) and zoning category of Industrial,
Research and Technology (IRT).
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 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 (PPe) County staff
accordance with the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX200S-06022) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on September 20, 2005 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
.~~
u~ _,,,,, Agen~...! .CO~!tr,~morand,!:!,!!!_",
City Council
""'m,~",,,,""")>''''''''''',;''i,'~'*;*'~*'';''"'''''''''''''{"''''''''";'''''''''iWW*",;",""","",""..t:,>""""~,",,,,,,W'''''''=~
Advertised Dates: 09/20/2005
10/20/2005
11/03/2005
Financial Information:
Review Approval
Gina Clavton
Leslie Dougall-Sides
09-27-2005 08:02:04
10-06-2005 15:34: 18
09-27-2005 09:23: 14
10-06-2005 11 :58:33
09-30-2005 16:47: 18
10-06-2005 14:46:37
Cvndie Goudeau
Michael Delk
Garrv Brumback
Bill Horne
ORDINANCE NO. 7527-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF KEENE ROAD, DIRECTLY SOUTH OF THE CSX
RAILROAD CROSSING, CONSISTING OF THE NORTHERLY
PORTION OF LOTS 25 AND 26, PINELLAS GROVES,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF KEENE
ROAD, WHOSE POST OFFICE ADDRESS IS 1715 KEENE
ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See attached legal description
(ANX2005-06022)
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. 7527-05
Legal Description for ANX2005-06022
That part of Lots 25 and 26, Pinellas Groves Subdivision, according to plat thereof, as recorded in
Plat Book 3, Page 15, Public Records of Pinellas County, Florida, in the Southwest ~ of Section
1, Township 29 South, Range 15 East, Pinellas County, lying south of the CSX Transportation,
Inc. (formerly known as Seaboard Coast Line Railroad) right-of-way, LESS the South Y2 of said
Lots 25 and 26; ALSO LESS that portion thereof, lying within 50 feet easterly of the West line of
said Southwest ~ of Section 1, together with the abutting right-of-way of Keene Road.
Ordinance No. 7527-05
ORDINANCE NO. 7528-05
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 ON THE
EAST SIDE OF KEENE ROAD, DIRECTLY SOUTH OF THE CSX
RAILROAD CROSSING, CONSISTING OF THE NORTHERLY
PORTION OF LOTS 25 AND 26, PINELLAS GROVES,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF KEENE
ROAD, WHOSE POST OFFICE ADDRESS IS 1715 KEENE
ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS INDUSTRIAL LIMITED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use CateQorv
See attached legal description
(ANX2005-06022)
Industrial Limited
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. 7527-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7528-05
Legal Description for ANX2005-06022
That part of Lots 25 and 26, Pinellas Groves Subdivision, according
to plat thereof, as recorded in Plat Book 3, Page 15, Public Records
of Pinellas County, Florida, in the Southwest ~ of Section 1,
Township 29 South, Range 15 East, Pinellas County, lying south of
the CSX Transportation, Inc. (formerly known as Seaboard Coast
Line Railroad) right-of-way, LESS the South 'Y2 of said Lots 25 and
26; ALSO LESS that portion thereof, lying within 50 feet easterly of
the West line of said Southwest ~ of Section 1, together with the
abutting right-of-way of Keene Road.
Ordinance No. 7528-05
I
ORDINANCE NO. 7529-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
KEENE ROAD, DIRECTLY SOUTH OF THE CSX RAILROAD
CROSSING, CONSISTING OF THE NORTHERLY PORTION OF
LOTS 25 AND 26, PINELLAS GROVES, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF KEENE ROAD, WHOSE POST
OFFICE ADDRESS IS 1715 KEENE ROAD, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS INDUSTRIAL,
RESEARCH, AND TECHNOLOGY (IRT); 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
ZoninQ District
See attached legal description
(ANX2005-06022)
Industrial, Research, and Technology
(IRT)
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. 7527-05.
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. 7529-05
Legal Description for ANX2005-06022
That part of Lots 25 and 26, Pinellas Groves Subdivision, according to plat thereof, as recorded in
Plat Book 3, Page 15, Public Records of Pine lias County, Florida, in the Southwest ~ of Section
1, Township 29 South, Range 15 East, Pinellas County, lying south of the CSX Transportation,
Inc. (formerly known as Seaboard Coast Line Railroad) right-of-way, LESS the South ~ of said
Lots 25 and 26; ALSO LESS that portion thereof, lying within 50 feet easterly of the West line of
said Southwest ~ of Section 1, together with the abutting right-of-way of Keene Road.
Ordinance No. 7529-05
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
September 20. 2005
ANX2005-06022
City of Clearwater
1715 Keene Road
G4
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.36-acres of property and .06-acres of
abutting right-of-way to the City of Clearwater;
(b) Future Land Use Plan amendment from Industrial
Limited (IL) Category (County) to Industrial Limited
(IL) Category (City of Clearwater); and
(c) Rezoning from M -1, Light Manufacturing and Industry
District (County) to Industrial, Research and
Technology (IR T) District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
15,718 square feet or 0.36-acres
2,500 square feet or 0.06-acres of right-of-way
(47 feet wide by 495 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Vacant
PLAN CATEGORY:
Current Category:
Proposed Category:
Industrial Limited (IL) (County)
Industrial Limited (IL) (City)
ZONING DISTRICT:
Current District:
Proposed District:
M-1, Light Manufacturing and Industry (County)
Industrial, Research and Technology (IRT) (City)
Staff Report - Community Development Board - September 20,2005 - Case ANX2005-06022 Page 1
SURROUNDING USES:
North: Manufacturing
South: Vacant
East: Governmental use
West: Manufacturing
ANALYSIS
This annexation involves a 0.36-acre property consisting of one parcel, located on the east side of
Keene Road, approximately 35 feet south of CSX Transportation rail lines. The property is
located within an enclave and is contiguous to existing City boundaries to the south and west;
therefore, the proposed annexation is consistent with Pinellas County requirements with regard to
voluntary annexation. It is also proposed that the abutting Keene Road right-of-way not currently
within the City limits be annexed. The applicant is requesting this annexation in order to
provide vehicular access to a City facility. It is proposed that the property be assigned a Future
Land Use Plan designation of Industrial Limited (IL) and zoning category of Industrial, Research
and Technology (IRT).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
W ater and Sewer
This property will remain vacant and be utilized for vehicular access. No water or sewer service
is needed for the subj ect property.
Solid Waste
This property will remain vacant and be utilized for vehicular access.
Police
The property is located within Police District III and service will be administered through the
district headquarters located at 2851 N. 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 proposed 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 #47 located at
1460 Lakeview Road. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Staff Report - Community Development Board - September 20,2005 - Case ANX2005-06022 Page 2
I
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with city services; however, because the
property will be used for vehicular access, no services will be needed. The proposed annexation
will not have an adverse effect on public facilities and their levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Industrial Limited (IL). It is the purpose of the Industrial Limited category
to depict those areas of the County that are now developed, or appropriate to be developed, in a
limited industrial manner; and so as to encourage the reservation and use of consolidated areas
for industrial use in a manner and location consistent with surrounding use, transportation
facilities, and natural resource characteristics. Primary Uses in this category include a range of
industrial, warehouse and manufacturing uses. Secondary Uses include Office; Retail
Commercial; Personal Service/Office Support; Commercial/Business Service; Commercial
Recreation; Transient Accommodation; Institutional; TransportationJUtility; Recreation/Open
Space and Transfer/Recycling.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 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 and will be located in the IL category. The proposed annexation is consistent 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 M-1, Light Manufacturing and Industry District in Pinellas County.
The applicant proposes to rezone the property to the Industrial, Research and Technology (IRT)
District. Under the current IRT zoning district provisions, a minimum lot width of 50 feet and a
minimum lot area of 5,000 square feet are required. The subject site does not meet the minimum
requirements for the IRT District, however it is part of a larger parcel, which meets the minimum
requirements of the IRT District.
Staff Report - Community Development Board - September 20,2005 - Case ANX2005-06022 Page 3
1-
Recommended Conclusions of Law
The subject property along with the larger development parcel exceeds the City's minimum IRT
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 Countywide Future Land Use Plan designation for the site,
which will retain the Industrial Limited (IL) designation.
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, when considered with the adjacent 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
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 south and west 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 located within an enclave, is contiguous to 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 - September 20,2005 - Case ANX2005-06022 Page 4
1-
SUMMARY AND RECOMMENDATIONS
The proposed annexation can be served by City of Clearwater services, including 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 voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 0.36-acres along with the 0.06-acres of
abutting Keene Road right-of-way to the City of Clearwater;
(b) Recommend APPROVAL of the Industrial Limited (IL) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Industrial, Research and Technology (IRT) zomng
classification pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Department\C D BlAnnexationslANX - 2005IANX2005-06022 1715 Keene Road City ofClw
EnglStajJjeport. doc
Staff Report - Community Development Board - September 20, 2005 - Case ANX2005-06022 Page 5
1. View of 1715 Keene Road
3. View facing west
5. View facing east
2. View of 1715 Keene Road
6. View facing north
CITY OF CLEARWATER PROPERTY. ANX2005-06022
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Owner City of Clearwater
Site: 1715 Keene Road
Land Use
From:
IL (County)
To:
IL (City)
Case:
ANX2005-06022
0.36
0,06
Property Size (Acres)
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Zoning
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Owner City of Clearwater Case: ANX2005-06022
Property Size (Acres): 0.36
Site: 1715 Keene Road 0.06
R.O,W, Size (Acres):
Land Use Zoning
PIN: 01-29-15-70164-300-2502
From: IL (County) M-1 (County)
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Owner City of Clearwater
Site: 1715 Keene Road
Land Use
From: IL (County)
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Case:
AN X2005-06022
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Proposed Annexation Map
Owner City of Clearwater
Case:
ANX2005-06022
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0,06
Property Size (Acres):
Site: 1715 Keene Road
RO. W. Size (Acres)
Land Use
Zoning
PIN: 01-29-15-70164-300-2502
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Zoning Map
Owner City of Clearwater
Case:
ANX2005-06022
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Land Use
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Owner City of Clearwater Case: ANX2005-06022
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Land Use Zoning
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City Council
Cover Memorandum
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Tracking Number: 1,654
Actual Date: 10/20/2005
Subject / Recommendation:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas
Amendment from the County R-3, Single-Family Residential District to the City Low Medium
Density Residential (LMDR) District for 1932 Summit Drive. (Lot 98, Skyline Groves Subdivision
in Section 6, Township 29 South and Range 16 East); and Pass Ordinance 7530-05, 7531-05 &
7532-05 on first reading.
(ANX2005-06022)
Summary:
This subject site is located on the west side of Summit Drive approximately 175 feet north of
Raymont Drive. The applicant is requesting this annexation in order to receive sanitary sewer
and solid waste service. The property is located within an enclave and is contiguous to existing
City boundaries on the north and west; therefore, the proposed annexation is consistent with
Pinellas County requirements with regard to voluntary annexation. The subject site is
approximately O.17-acres in area and is occupied by an existing single-family detached dwelling.
It is proposed that the property be assigned a Future Land Use Plan designation of Residential
Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning 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 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) County staff
accordance with the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2005-06023) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on September 20, 2005 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial public hearings
Categorv: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
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Cl~ Atlenda Cover Memorandum
=".,=~"'w "."".",,_ ='"
City Council
Advertised Dates: 09/20/2005
10/20/2005
11/03/2005
Financial Information:
Review Approval
Gina Clavton
Leslie Dougall-Sides
09-27-2005 07:59:53
10-06-2005 15:34:54
09-27-2005 09:01 :38
10-06-2005 11:57:42
09-30-2005 16:44:30
10-06-2005 14:45:26
Cvndie Goudeau
Michael Delk
Garrv Brumback
Bill Horne
ORDINANCE NO. 7530-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF SUMMIT DRIVE, APPROXIMATELY 175 FEET
NORTH OF RAYMONT DRIVE, CONSISTING OF LOT NINETY-
EIGHT, SKYLINE GROVES, WHOSE POST OFFICE ADDRESS
IS 1932 SUMMIT 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 Ninety-eight (98), Skyline Groves, according to the map or plat thereof as
recorded in Plat Book 44, Page 22, Public Records of Pinellas County, Florida
(ANX2005-06023 )
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:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 7530-05
ORDINANCE NO. 7531-05
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 ON THE
WEST SIDE OF SUMMIT DRIVE, APPROXIMATELY 175 FEET
NORTH OF RAYMONT DRIVE, CONSISTING OF LOT NINETY-
EIGHT, SKYLINE GROVES, WHOSE POST OFFICE ADDRESS
IS 1932 SUMMIT DRIVE, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot Ninety-eight (98), Skyline Groves, according to the
map or plat thereof as recorded in Plat Book 44, Page 22,
Public Records of Pinellas County, Florida
(ANX2005-06023 )
Land Use Cateqorv
Residential Low (RL)
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. 7530-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7531-05
ORDINANCE NO. 7532-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF
SUMMIT DRIVE, APPROXIMATELY 175 FEET NORTH OF
RA YMONT DRIVE, CONSISTING OF LOT NINETY-EIGHT,
SKYLINE GROVES, WHOSE POST OFFICE ADDRESS IS 1932
SUMMIT 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:
Propertv Zoninq District
Lot Ninety-eight (98), Skyline Groves, according to the Low Medium Density Residential
map or plat thereof as recorded in Plat Book 44, Page 22, (LMDR)
Public Records of Pinellas County, Florida (ANX2005-06023)
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. 7530-05.
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. 7532-05
I
I
I
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
September 20. 2005
ANX2005-06023
Corinne Davis
1932 Summit Drive
G5
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.17-acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) (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:
7,500 square feet or 0.17-acres
(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 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 - September 20,2005 - Case ANX2005-006023 Page 1
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANALYSIS
This annexation involves a 0.17-acre property consisting of one parcel, located on the west side
of Summit Drive, approximately 175 feet north of Raymont Drive. The property is located
within an enclave and is contiguous 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 in order to receive sanitary sewer and solid waste service from the
City. It is proposed that the property be assigned Future Land Use Plan designations of
Residential Low (RL) and zoning categories of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from the City of Clearwater. Sanitary sewer service will be
provided by the City of Clearwater and the City has adequate capacity to serve this property. The
closest sanitary sewer line is located in an easement along the east side of the parcel. The
applicant has paid the City's sewer impact and assessment fees and is aware of the additional
costs to extend City sewer service to this property.
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 Police District III and service will be administered through the
district headquarters located at 2851 N. 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 proposed annexation will not adversely
affect police service and response time.
Fire and Emergencv Medical Services
Fire and emergency medical services will be provided to this property by Station #48 located at
1700 Belcher Road. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Staff Report - Community Development Board - September 20, 2005 - Case ANX2005-06023 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 levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
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;
Transportation/Uti1ity; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space. The property will be assigned the City's RL category.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 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 and will be located in the RL category. The proposed annexation is consistent 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 Pinellas County. The
applicant proposes to rezone the property to the Low Medium Density Residential (LMDR)
District. 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 subject site is 75 feet wide and
7,500 square feet in lot area.
Staff Report - Community Development Board - September 20, 2005 - Case ANX2005-06023 Page 3
J
Recommended Conclusions of Law
The subject property exceeds the City's minimum LMDR 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 Countywide Future Land Use Plan designation for the site,
which will remain Residential Low (RL) with a maximum 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 PINEL LAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined that it complies with all applicable ordinance criteria.
Pinellas 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 contiguous with the existing City boundaries to the north and
east 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
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 - September 20,2005 - Case ANX2005-06023 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 proposed annexation is consistent with both the City's Comprehensive Plan and is
consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation ofO.17-acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning
classification pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslANX - 20051ANX2005-06023 1932 Summit Drive Davis
ResidencelStaffjeport, doc
Staff Report - Community Development Board - September 20,2005 - Case ANX2005-06023 Page 5
I
i
1. Front View of 1932 Summit Drive
3. View from north of 1932 Summit Drive
2. View from south of 1932 Summit Drive
4. View facing north
5. View facing south
DAVIS PROPERTY. ANX2005-06023
1932 SUMMIT DRIVE
Aerial Photograph
Owner Corinne Davis Case: ANX2005-06023
Site: 1932 Summit Drive Property Size 0.17
I (Acres):
Land Use Zoning
PIN: 06-29-16-82710-000-0980
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 254B
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Existing Surrounding Use Map
Owner Corinne Davis
Site: 1932 Summit Drive
Land Use Zoning
From: RL (County) R-3 (County)
To: RL (City) LMDR (City)
Case:
ANX2005-06023
Property Size
(Acres):
0.17
PIN:
06-29-16-82710-000-0980
Atlas Page:
254B
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Future Land Use Map
Owner Corinne Davis
Case:
ANX2005-06023
Site: 1932 Summit Drive
Property Size
(Acres):
0.17
Land Use
Zoning
PIN: 06-29-16-82710-000-0980
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
254B
Location Map
Owner Corinne Davis Case: ANX2005-06023
Site: 1932 Summit Drive Property Size 0.17
(Acres):
Land Use Zoning
PIN: 06-29-16-82710-000-0980
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 254B
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Zoning Map
Owner Corinne Davis
Case:
ANX2005-06023
Site: 1932 Summit Drive
Property Size
(Acres):
0,17
Land Use
Zoning
PIN: 06-29-16-82710-000-0980
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
254B
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Proposed Annexation Map
Owner Corinne Davis
Case:
ANX2005-06023
Site: 1932 Summit Drive
Property Size
(Acres):
0.17
Land Use
Zoning
PIN: 06-29-16-82710-000-0980
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
254B
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City Council
~gen_~.~..!=ov~..!:...~~_l!Iora n~.!tmm......_~w
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Tracking Number: 1,655
Actual Date: 10/20/2005
Subject / Recommendation:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Urban (RU) Category to the City Residential Urban (RU) Category and Zoning Atlas
Amendment from the County R-3, Single-Family Residential District to the City Low Medium
Density Residential (LMDR) District for 3137 San Jose St. (Lot 50, Del Oro Gardens Subdivision
in Section 9, Township 29 South and Range 16 East); and Pass Ordinance 7521-05, 7522-05 &
7523-05 on first reading. (ANX200506020)
Summary:
This subject site is located on the south side of San Jose Street approximately 113 feet west of
Madera Avenue. The applicant is requesting this annexation in order to receive sanitary sewer
and solid waste service. The property is located within an enclave and is contiguous to existing
City boundaries on the east, south and west; therefore, the proposed annexation is consistent
with Pinellas County requirements with regard to voluntary annexation. The subject site is
approximately 0.22-acres in area and is occupied by an existing single-family detached dwelling.
It is proposed that the property be assigned 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 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) County staff
accordance with the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no
objections have been raised.
Please refer to the attached report (ANX2005-06020) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on September 20, 2005 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 09/20/2005
10/20/2005
11/03/2005
~h!
u~ Agenda Cover Memorandum
m__.m.... _..._m__m............=__....=..m~m _."'..m_m.......=
City Council
Financial Information:
Review Aooroval
Gina Clavton 09-27-2005 07:58:39
Leslie Douaall-Sides 09-30-2005 16:49:37
Bill Horne 10-06-2005 14:47:31
Gina Clavton 09-27-2005 08:02:47
Cvndie Goudeau 10-06-2005 15:33:41
Michael Delk 09-27-2005 08:59:31
Garry Brumback 10-06-2005 11:59:51
ORDINANCE NO. 7521-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF SAN JOSE STREET, APPROXIMATELY 110
FEET WEST OF MADERA AVENUE, CONSISTING OF LOT 50,
DEL ORO GARDENS SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 3137 SAN JOSE STREET, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 50, Del Oro Gardens Subdivision, according to the plat thereof, as recorded in Plat
Book 45, Page 74, Public Records of Pinellas County, Florida
(ANX2005-06020)
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. 7521-05
ORDINANCE NO. 7522-05
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 ON THE
SOUTH SIDE OF SAN JOSE STREET, APPROXIMATELY 110
FEET WEST OF MADERA AVENUE, CONSISTING OF LOT 50,
DEL ORO GARDENS SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 3137 SAN JOSE STREET, 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:
Propertv
Lot 50, Del Oro Gardens Subdivision, according to
the plat thereof, as recorded in Plat Book 45, Page 74,
Public Records of Pinellas County, Florida
(ANX2005-06020)
Land Use Cateaorv
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. 7521-05.
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. 7522-05
ORDINANCE NO. 7523-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF SAN JOSE STREET, APPROXIMATELY 110 FEET WEST OF
MADERA AVENUE, CONSISTING OF LOT 50, DEL ORO
GARDENS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS
3137 SAN JOSE STREET, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 50, Del Oro Gardens Subdivision, according to the
plat thereof, as recorded in Plat Book 45, Page 74,
Public Records of Pinellas County, Florida
(ANX2005-06020)
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. 7521-05.
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. 7523-05
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
September 20. 2005
ANX2005-06020
Adam Saldana
3137 San Jose Street
G3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.22-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-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
9,590 square feet or 0.22 acres
(70 feet wide by 135 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)
Staff Report - Community Development Board - September 20,2005 - Case ANX2005-06020 Page 1
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Commercial
ANALYSIS
This annexation involves a 0.22-acre property consisting of one parcel, located on the south side
of San Jose Street, approximately 113 feet west of Madera Avenue. The property is located
within an enclave and is contiguous to existing City boundaries on the east, south 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 from the City. It is proposed that the property be assigned 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 the City of Clearwater. Sanitary sewer service will be
provided by the City of Clearwater and the City has adequate capacity to serve this property. The
closest sanitary sewer line is located in an easement along the south side of the parcel. The
applicant has paid the City's sewer impact and assessment fees and is aware of the additional
costs to extend City sewer service to this property.
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 Police District III and service will be administered through the
district headquarters located at 2851 N. 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 proposed 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 #49 located on
Sky Harbor Drive. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Staff Report - Community Development Board - September 20, 2005 - Case ANX2005-06020 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 levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Urban (RD). 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
Recreation/Open Space.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 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 in 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 Pinellas County. The
applicant proposes to rezone the property to the Low Medium Density Residential (LMDR)
District. 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 subject site is 70 feet wide and
9,590 square feet in lot area.
Staff Report - Community Development Board - September 20,2005 - Case ANX2005-06020 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 designations 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
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, south and west 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 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 - September 20,2005 - Case ANX2005-06020 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 proposed annexation is consistent with both the City's Comprehensive Plan and is
consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of0.22-acres 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
classification pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslANX - 20051ANX2005-06020 3137 San Jose Street Saldana
Residence1ANX2005-06020 StalL Report. doc
Staff Report - Community Development Board - September 20,2005 - Case ANX2005-06020 Page 5
l. Front vicw of 3137 San Jose Street 2. Front view of3137 San Jose Street
3. View facing east from San Jose St. 4. View facing east from 3137 San Jose St.
5. View facing west from 3137 San Jose St.
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Owner Adam Saldana Case: I AN X2005-06020
Site: 3137 San Jose Street Property Size I 0.22
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Land Use Zoning
PIN: 09-29-16-20808-000-0500
From: RU (County) R-3 (County)
To: RU (City) LMDR (City) Atlas Page: I 283A
pCI)- ~~
Aerial Photograph
Owner Adam Saldana Case: ANX2005-06020
Site: 3137 San Jose Street Property Size 0.22
(Acres):
Land Use Zoning
PIN: 09-29-16-20808-000-0500
From: RU (County) R-3 (County)
To: RU (City) LMDR (City) Atlas Page: 283A
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City Council
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Cover Memorandum
Tracking Number: 1,661
Actual Date: 10/20/2005
Subject / Recommendation:
Adopt Ordinance 7388-05 on second reading, making amendments to the Comprehensive Plan of
the city as adopted on May 18, 2000 and amended on July 12, 2001 and October 7, 2004, by
amending the future land use element by adding the Resort Facilities Overlay (RFO) future land
use as a land use map classification; replacing references to the 1995 Clearwater Downtown
Redevelopment Plan with the 2004 Clearwater Downtown Redevelopment Plan; and by deleting
policies regarding the mixed-use zoning district.
Summary:
Ordinance No. 7388-05 was passed on first reading on April 21, 2005. Due to the fact this is a
text amendment to the Comprehensive Plan, review and approval by the Florida Department of
Community Affairs was required.
The amendment was approved by the Department of Community Affairs with the requirement
that additional language be added to the ordinance to clarify that the Resort Facilities Overlay
District can only be applied to the Future Land Use Plan map through a Plan amendment. This
language has been added and is highlighted in the ordinance.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 03/15/2005
10/09/2005
Financial Information:
Review Approval
Leslie Douaall-sides
10-06-2005
15:02:48
Pam Akin
10-06-2005
16:41:23
Cyndie Goudeau
10-06-2005
16:59:59
~~ ~oo- 1.
l0. (
ORDINANCE NO. 7388-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF
THE CITY AS ADOPTED ON MAY 18, 2000 AND AMENDED ON
JULY 12, 2001 AND OCTOBER 7, 2004, BY AMENDING THE
FUTURE LAND USE ELEMENT BY ADDING THE RESORT
FACILITIES OVERLAY (RFO) FUTURE LAND USE AS A LAND
USE MAP CLASSIFICATION; REPLACING REFERENCES TO
THE 1995 CLEARWATER DOWNTOWN REDEVELOPMENT
PLAN WITH THE 2004 CLEARWATER DOWNTOWN
REDEVELOPMENT PLAN; AND BY DELETING POLICIES
REGARDING THE MIXED-USE ZONING DISTRICT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS the Local Government Comprehensive Planning and Land Development
Regulation Act of Florida empowers and requires the City Council of the City of Clearwater
to plan for the future development and growth of the City, and to adopt and periodically
amend the Comprehensive Plan, including elements and portions thereof; and
WHEREAS, the City Council approved Ordinance Number 6794-01, which amended
the Comprehensive Plan of the City on February 15, 2001; and
WHEREAS, the City Council approved Ordinance Number 7295-04, which amended
the Comprehensive Plan of the City on October 7, 2004; and
WHEREAS, the City of Clearwater invested significant time and resources in
studying Clearwater Beach; and
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall and redevelopment to the Beach is required for its
future sustainability; and
WHEREAS, the City of Clearwater has a need to recognize areas in and adjacent to
tourist areas of the City where mixed residential and transient accommodation uses are
appropriate; and
WHEREAS, amendments to the Comprehensive Plan of the City have been
prepared in accordance with the applicable requirements of law, after conducting the
appropriate planning analysis, and public participation through public hearings, opportunity
for written comments, open discussion and the consideration of public and official
comments; and
WHEREAS, the Community Development Board, serving as the designated Local
Planning Agency for the City, has held a public hearing on the proposed amendments and
has recommended adoption of the proposed Comprehensive Plan amendments; and
Ordinance No. 7388-05
WHEREAS, the proposed amendments have been transmitted to the Florida
Department of Community Affairs for review and comments, and the objections,
recommendations and comments received from the Florida Department of Community
Affairs have been considered by the City Council, together with all comments from local
regional agencies and other persons, in preparing the final draft of the amendments; and
WHEREAS, the City Council finds it necessary, desirable and proper to adopt the
amendments to the objectives and policies of the Comprehensive Plan in order to reflect
changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amendments 1 - 3 to the Clearwater Comprehensive Plan attached
hereto as Exhibit "A" are hereby adopted.
Section 2. This ordinance shall become effective when the Department of
Community Affairs (DCA) issues a final order determining the adopted amendment to
be in compliance, or the Administration Commission issues a final order determining
the adopted amendments to be in compliance, in accordance with Section 163.187 or
163.3189, F.S., as amended.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor-Councilmember
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7388-05
EXHIBIT A
ATTACHMENT TO ORDINANCE 7388-05
AMENDMENT 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES
AND POLICIES
Amendfollowing Policies of Goal 2; Objective 1 and Objective 3 of the Plan on pages
A-5 through A-7 asfollows:
*****
Policy 2.1. 7 Downtown Clearwater, shall be designated a regional activity center
suitable for increased threshold intensity for development consistent with
the boundaries of the Central Business District as indicated in the
Clearwater Downtown Redevelopment Plan approved in -l-9% 2004.
Policy 2.1.8 The City shall continue to support and implement approved community
redevelopment area plans, such as the Clearwater Downtown
Redevelopment Plan adopted in -l-9% 2004.
*****
Policy 2.3.3 The City of Clearwater shall continue to implement the Design
Guidelines, adopted in -l-9% 2004, for all development within governed by
the Clearwater Downtown Redevelopment Plan Do':mtown District.
*****
AMENDMENT 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES
AND POLICIES
Amendfollowing Policies of Goal 2; Objective 2 of the Plan on pages A-6 asfollows:
*****
Policy 2.2.2 The Mixed Use Zoning District shall be utilized to promote mixed use and
infill development and shall be consistent with the Residemial/Office
Limited, Residential/Office General, ResidemiallOfficeIRetail, and Resort
Facilities High land lise categories.
Policy 2.2.3 Density and intensity of mixed use de'lelopments shall be consistent with
the Mixed Use Zoning District criteria found in the City's Comnnmity
Development Code.
*****
1 Exhibit A Ordinance No. 7388-05
AMENDMENT 3 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES
AND POLICIES
Amend the table associated with Policy 3.2.1 of the Plan on pages A-9 through A-11 as
follows:
*****
PRIMARY MAX. DENSITY/ CONSISTENT
PLAN USES PER PLAN INTENSITY PER ZONING
CLASSIFICATION CATEGORY PLAN DISTRICTS
CATEGORY
Residential Estate Very Low Density I Dwelling
Residential Low Density Residential (LDR)
(RE) Unit Per Acre
Residential Suburban 2.5 Dwelling
(RS) Low-Density Residential Low Density Residential (LDR)
Units Per Acre
Residential Low 5 Dwelling Low Density Residential (LDR);
Low-Density Residential Low Medium Density
(RL) Units Per Acre Residential (LMDR)
Residential Urban Urban Low Density 7.5 Dwelling Low Medium Density
Residential Residential (LMDR); Medium
(RU) Units Per Acre Density Residential (MDR)
10 Dwelling Mobile Home Park (MHP)
Residential Low Low to Moderate Density
Medium (RLM) Residential Units Per Acre Medium Density Residential
(MDR)
Residential Medium Moderate to High 15 Dwelling Medium Density Residential
(RM) Residential (MDR); Medium High Density
Units Per Acre Residential (MHDR)
Residential High 30 Dwelling Medium High Density
High Density Residential Residential (MHDR); High
(RR) Units Per Acre Density Residential (HDR);
2 Exhibit A Ordinance No. 7388-05
PRIMARY MAX. DENSITY/ CONSISTENT
PLAN USES PER PLAN INTENSITY PER ZONING
CLASSIFICATION CATEGORY PLAN DISTRICTS
CATEGORY
30 Dwelling Units
Per Acre; FAR 1.2;
ISR .95; Overnight
Accommodations/
50 UP A; and as set
forth in Beach by Tourism (T);
High Density Residential! Design: A
Resort Facilities High Preliminary Design High Density Residential
(RFH) Overnight for Clearwater (HDR);
Accommodations Beach and Design
Guidelines, the Commercial (C)
special area plan
governmg
Clearwater Beach
adopted by Ord. No.
6689-01.
Dwelling Units per
acre - based on the
underlying
residential plan
category: Overnight
accommodations - a
ratio of 1.34 to the
permitted number of
dwelling units of
underlying
residential plan Medium Density Residential
Resort Facilities category: ISR - (MDR)
Overlay (RFO) based on underlying
residential plan Medium High Density
(May only be applied Residential/Overnight category: FAR- Residential (MHDR)
over the Residential Accommodations based on underlying
Medium and residential land use High Density Residential (HDR)
Residential High category: or as set
Classifications ) forth in Beach bv
Desi'tn: A
Preliminary Desi'tn
for Clearwater
Beach and Design
Guidelines. the
special area plan
governmg
Clearwater Beach
adopted by Ord. No.
6689-01 and as
amended.
3 Exhibit A Ordinance No. 7388-05
MAX. DENSITY/ CONSISTENT
PRIMARY INTENSITY PER
PLAN USES PER PLAN ZONING
CLASSIFICATION PLAN DISTRICTS
CATEGORY CATEGORY
7.5 Dwelling Units Office (0);
Residential/ Office Low Density Residential! Per Acre; FAR .40; Low Medium Density
Limited (RlOL) Office ISR .75 Residential (LMDR)
Medium Density 15 Dwelling Units Office (0); Medium Density
Residential/ Office Per Acre; FAR .50; Residential (MDR)
General (RlOG) Residential/ Office ISR .75
Residential; Office; As set forth in the
Retail; Public/Semi-Public
Central Business Uses as indicated in approved Downtown (D)
District (CBD) approved Redevelopment Redevelopment Plan
Plan
18 Dwelling Units Office (0);
Residential; Residential
Residential/Office/ Equivalent; Office; Retail; Per Acre; Overnight Commercial (C);
Overnight Accommodations 30
Retail (RlO/R) accommodation; Personal! Units Per Acre; Medium Density Residential
Business Services F AR.40; ISR .85 (MDR)
10 Dwelling Units Commercial (C);
Commercial Office; Retail; Personal Per Acre; F AR.40;
Neighborhood (CN) Service ISR .80 Office (0)
18 Dwelling Units
Office; Retail; Overnight Per Acre; Overnight Commercial (C);
Commercial Limited Accommodations; Accommodations 30
(CL) Personal Service Units Per Acre; FAR Office (0)
.45; ISR .85
Office; Retail; Personal 24 Dwelling Units Commercial (C);
Per Acre; Overnight
Commercial General Service; Overnight Accommodations 40
(CG) Accommodations; Units Per Acre; FAR Office (0)
Wholesale; Warehouse .55; ISR .68
Industrial Limited Light Manufacturing; FAR .65; ISR .85 Industrial, Research, and
Research! Development; Technology (IRT)
(IL) Wholesale; Warehouse
Light and/or Heavy
Industrial General Manufacturing; Industrial, Research, and
Wholesale; Warehouse; FAR .75; ISR .95 Technology (IRT)
(IG) Research! Development;
Vehicular Salvage
Public/Private Open
Recreation/Open Space and/or Recreation FAR .25; ISR .60 Open Space / Recreation (OS/R)
Space (RIOS) Facility; Beach/Water
Access
4 Exhibit A Ordinance No. 7388-05
PRIMARY MAX. DENSITY/ CONSISTENT
PLAN USES PER PLAN INTENSITY PER ZONING
CLASSIFICATION CATEGORY PLAN DISTRICTS
CATEGORY
Preservation Natural I Undeveloped
Water features; Beaches FAR .10; ISR .20 Preservation (P)
(P) and Dunes
12.5 Dwelling Units
Per Acre; FAR .65;
Institutional Publici Private Schools; ISR .85; Hospital
Churches; Public Offices; Bonus Provision Institutional (0
(I) Hospitals FAR 1.0 Subject to
Bonus Provisions
Provided Below
TransportationIU ti1ity Airports; Marina; Utility FAR .70; ISR .90 Institutional (I)
(T/U) Facilities
Water/Drainage OpenlUndeveloped
Consistent With Waterl N/A Preservation (P)
Overlay Drainage Features
*****
S:\Planning DepartmentlCOMPREHENSIVE PLAM2005 Camp Plan - RFH Overlay and afew other minor changeslExhibit A.doc
5 Exhibit A Ordinance No. 7388-05
~h!
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City Council
(~-d
\O-J,
Tracking Number: 1,667
Actual Date: 10/20/2005
Subject / Recommendation:
Adopt Ordinance 7486-05 on second reading, annexing certain real property whose post office
address is 2695 Second Avenue South, into the corporate limits of the city, and redefining the
boundary lines of the city to include said addition.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearinq: Yes
Advertised Dates: 08/14/2005
10/09/2005
Financial Information:
Review Approval
Pam Akin
10-05-2005
16: 18:20
Cvndie Goudeau
10-06-2005
14:32:05
ORDINANCE NO. 7486-05
R~"W-d.
[0,;2
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF CHAUTAUQUA AVENUE, BETWEEN SECOND
AVENUE SOUTH AND THIRD AVENUE SOUTH, CONSISTING
OF A PORTION OF BLOCK 37, UNIT NO.1, SECTION A,
CHAUTAUQUA ON THE LAKE AND TWO UNPLATTED
PARCELS WITHIN SECTION 32, TOWNSHIP 28 SOUTH,
RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHTS-
OF-WAY OF SECOND AVENUE SOUTH AND THIRD AVENUE
SOUTH, WHOSE POST OFFICE ADDRESS IS 2695 SECOND
AVENUE SOUTH, 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:
See legal description attached hereto.
(ANX2005-04015)
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
Ordinance NO.7 486-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7486-05
1-----
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City Council
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wm;"""'ww",,,,~,,,,',,~"""""""\<''''''''''"-=~ ,.""'",,,,""',,"'-
Tracking Number: 1,668
Actual Date: 10/20/2005
Subject / Recommendation:
Adopt Ordinance 7487-05 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city, to designate the land use for certain property whose post office
address is 2695 Second Avenue South, upon annexation into the City of Clearwater, as
Residential Suburban and Preservation.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 08/14/2005
10/09/2005
Financial Information:
Review Approval
Pam Akin
10-05-2005
16: 19: 13
Cvndie Goudeau
10-06-2005
14:31 :02
ORDINANCE NO. 7487-05
4Q'. CA-3
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF CHAUTAUQUA AVENUE, BETWEEN SECOND
AVENUE SOUTH AND THIRD AVENUE SOUTH, CONSISTING
OF A PORTION OF BLOCK 37, UNIT NO.1, SECTION A,
CHAUTAUQUA ON THE LAKE AND TWO UNPLATTED
PARCELS WITHIN SECTION 32, TOWNSHIP 28 SOUTH,
RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHTS-
OF-WAY OF SECOND AVENUE SOUTH AND THIRD AVENUE
SOUTH, WHOSE POST OFFICE ADDRESS IS 2695 SECOND
AVENUE SOUTH, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL SUBURBAN AND
PRESERVATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use Cateqorv
See legal description attached hereto
(ANX2005-04015)
Residential Suburban and
Preservation
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. 7486-05.
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. 7487-05
~~
u~
City Council
Cover Memorandum
Tracking Number: 1,669
Actual Date: 10/20/2005
Subject / Recommendation:
Adopt Ordinance 7488-05 on second reading, amending the zoning atlas of the city by zoning
certain real property whose post office address is 2695 Second Avenue South, upon annexation
into the City of Clearwater, as Low Density Residential (LDR) and Preservation (P).
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 10/09/2005
Financial Information:
Review Approval
Pam Akin
10-05-2005
16:20:02
Cvndie Goudeau
10-06-2005
14:29:54
eA -~
to'~
ORDINANCE NO. 7488-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
CHAUTAUQUA AVENUE, BETWEEN SECOND AVENUE SOUTH
AND THIRD AVENUE SOUTH, CONSISTING OF A PORTION OF
BLOCK 37, UNIT NO.1, SECTION A, CHAUTAUQUA ON THE
LAKE AND TWO UNPLATTED PARCELS WITHIN SECTION 32,
TOWNSHIP 28 SOUTH, RANGE 16 EAST, TOGETHER WITH
THE ABUTTING RIGHTS-OF-WAY OF SECOND AVENUE
SOUTH AND THIRD AVENUE SOUTH, WHOSE POST OFFICE
ADDRESS IS 2695 SECOND AVENUE SOUTH, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
DENSITY RESIDENTIAL (LOR) AND PRESERVATION (P);
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
Legal description attached hereto
(ANX2005-04015)
Zonina District
Low Density Residential (LOR)
Preservation (P)
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. 7486-05.
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. 7488-05
City Council
~~w......'......m~~I!,~! cov~.!:.w..~.~.!!!~.!:! nd u m..,..
Ck\-~
(&~5
Tracking Number: 1,659
Actual Date: 10/20/2005
Subject / Recommendation:
Adopt Ordinance 7359-05 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to change the land use designation for certain real property
whose post office address is 2506 Countryside Boulevard from Recreational/Open Space to
Residential Urban.
Summary:
Ordinance 7359-05 was passed on first reading on May 19,2005. Due to the size of the plan
amendment site, review and approval by the Florida Department of Community Affairs (DCA)
was required.
The DCA issued an Objections, Recommendations and Comments report for this amendment due
to concerns that the City's analysis was based on the density limitation imposed by the
Development Agreement and not on maximum development potential. Additionally, the Florida
Department of Transportation (FDOT) questioned certain aspects of the traffic study
methodology and whether the City had coordinated with FDOT on the proposed traffic mitigation
to channelize the northbound approach of the Enterprise Road/sR 580 intersection.
Additional information was provided to the FDOT regarding the traffic study methodology, which
addressed its concerns. With regard to the proposed mitigation, the applicant prepared an
update to the traffic study that evaluates the impact of revising the configuration of the project
driveway accessing Enterprise Road. This revision would prohibit the eastbound to northbound
left turn movement and thereby prevent the diversion of trips to the Enterprise Road/SR 580
intersection. This revision, which has been reviewed by and supported by the Traffic Operations
Division, will not degrade the Level of Service of the Enterprise Road/Countryside Boulevard
intersection and will eliminate the need to channelize the Enterprise Road median at SR 580, a
State roadway. The updated traffic study has been provided to FDOT to address its concerns.
It should be noted that this change in traffic mitigation will require an amendment to the
Development Agreement that was approved in conjunction with this project.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 05/01/2005
10/09/2005
Financial Information:
Review Approval
Pam Akin
10-10-2005
11:32:58
Cvndie Goudeau
10-10-2005
13: 14:23
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,
CONSISTING 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 Cateaorv
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 S 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
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7359-05
~h!
u~ ~ AgenEa Cover Memorandum
=-=-."mw'."'..". .. . __=-_.,,,.,..,,,,
City Council
(f\-(p
\O<b
Tracking Number: 1,660
Actual Date: 10/20/2005
Subject / Recommendation:
Adopt Ordinance 7360-05 on second reading, amending the zoning atlas of the city by rezoning
certain property whose post office address is 2506 Countryside Boulevard, from Open
Space/Recreation (Os/R) to Medium Density Residential (MDR).
Summary:
Ordinance 7360-05 was passed on first reading on May 19,2005. Due to the size of the site,
review and approval by the Florida Department of Community Affairs was required.
The amendment was approved by the Department of Community Affairs with the requirement
that a revised traffic analysis be completed.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 05/01/2005
10/09/2005
Financial Information:
Review Approval
Pam Akin
10-10-2005
07:59:49
Cvndie Goudeau
10-10-2005
13:15:14
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 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
Zonina 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
City Council
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Tracking Number: 1,621
Actual Date: 10/20/2005
Subject / Recommendation:
Ratify and confirm an indemnification agreement between the City and D.H. Griffin Wrecking Co.
Inc. and the City and Triangle Development Company L.L.c. for Clearwater Fire and Rescue to
perform training exercises on vacant land owned by the company and grant authority to the City
Manager or designee to enter into and approve standard indemnification agreements for future
use of private properties by the Fire and Police Departments to conduct training exercises.
Summary:
Periodically the Fire and Police Departments have obtained authorization from private property
owners to conduct training exercises on properties at no cost.
The private property owners, however, have requested an indemnification agreement to protect
them from liability attributable to the actions of the Fire and Police personnel.
The use of private property, particularly those containing vacant structures, by Fire and Police
personnel to conduct simulated training scenarios enhances the proficiency and life-safety
capabilities of the Fire and Police personnel.
Recently, the Clearwater Fire and Rescue Department obtained permission to engage in training
exercises on the vacant D.H. Griffin Wrecking Co., Inc. property located at 430 South Gulfview
Boulevard, Clearwater, Florida, during August 24th to October 1st 2005.
Additionally, the Clearwater Fire and Rescue Department obtained permission to engage in
training exercises on the vacant Triangle Development Company L.L.C. property located at 300,
400, 410A N. Fort Harrison and 309 and 407 N. OSceola, Clearwater, Florida during September
14th thru October 30th, 2005.
Because the Clearwater Fire and Rescue Department needed to quickly acquire an
indemnification agreement, because the owner of the vacant structures was planning to
demolish the building, and because insufficient time was available to schedule a council meeting
to acquire approval, time was of the essence. Therefore, the City Manager signed
indemnification agreements so that the structures were available for Fire Department personnel
to perform simulated search and rescue, fire suppression, and hi-rise exercises.
Because it is to be expected that the Fire and Police Departments may in the future obtain
approval from private property owners to conduct similar activities on privately owned land and
in vacant structures that are scheduled for demolition and for which insufficient time is available
to obtain council approval, the Fire and Police Departments are requesting that the City Manager
or designee be granted the authority to enter into and approve standard indemnification
agreements for future use of private properties by the Fire and Police Departments to conduct
training exercises.
Copies of the indemnification agreements are available in the Official Records and Legislative
Services Department for review.
Originating: Fire and Rescue Department
Section Consent Agenda
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City Council
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Jamie Geer 09-12-2005 16:42:53
Garrv Brumback 10-06-2005 15:41:45
Rob Surette 09-12-2005 16:38: 15
Bill Horne 10-06-2005 15:50:04
Cyndie Goudeau 10-06-2005 15:52:39
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
TELEPHONE (127) 562-4334
FIRE & REsCUE
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this 14th day of SeDtember. 2005, by the City of Clearwater is to clarify
the City of Clearwater's liability during the Clearwater Fire Department's training exercises on the Trianale
DevelODment ComDanv L.L.C. property located at 300.400. 410A N. Fort Harrison and 309 and 407 N.
Osceola, Clearwater, Florida.
Whereas, the Clearwater Fire Department desires to engage in training exercises on the vacant Trianale
Development Company 1.1.C. property located at 300.400. 410A N. Fort Harrison and 309 and 407 N.
Osceola, Clearwater, Florida during SeDtember 14lh thru October 30th. 2005;
Whereas, the Trianale DeveloDment Comoanv L.L.C. desire(s) an Indemnification Agreement to ensure
that the Trianale DeveloDment Comoanv L.L.C., the owner(s) of the property located at 300.400. 410A N. Fort
Harrison and 309 and 407 N. Osceola, Clearwater, Florida, is/are protected from any claims arising out the
actions of the City of Clearwater or its employees during the training exercises, which are not attributable to any
error, omission, or negligent act by the Trianole DevelODment Company L.L.C., including the officers, agents,
and employees of the property owner(s);
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless and indemnify the Trianale Develooment Comoanv L.L.C., including all
of the officers, agents, and employees of the owner(s), from any claim, loss, damage, cost, or expense,
including attorney's fees and any costs incurred in enforcing this Indemnity Agreement, arising out of any act,
error, omission, or negligent act by the City of Clearwater or its agents or employees, during the performance of
training exercises by the Clearwater Fire Department at the property located at 300.400. 410A N. Fort Harrison
and 309 and 407 N. Osceola. Clearwater, Florida, except that neither the City of Clearwater nor its agents or
employees shall be liable for any claim, loss, damage, cost, expense, or attorney's fees arising out of the
training exercises that are attributable to any error, omission, or negligent act by the Trianole DevefoDment
ComDany L.L.C., including the officers, agents, and employees of the property owner(s). Nothing herein shall be
construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign
immunity.
CITY~ER' FLORIDA
By: ~~
William B. Horne II
City Manager
RS/db
FRANK HIllIIARD, MAYOR
BIll. JONSON, VICE-MAYOR
HoYI' HAMILTON, COUNCILMEMIIER
*
JOHN DORAN, COUNCILMEMIIER
CARI.EN A. PETERSEN, COUNCILMEMIIER
"EQUAl. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FWRIDA 33758-4748
TELEPHONE (727) 562-4334
FIRE & REsCUE
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this 24nd day of August, 2005, by the City of Clearwater is to clarify the
City of Clearwater's liability during the Clearwater Fire Department's training exercises on the D.H. Griffin
Wreckina Co.. Inc. property located at 430 South Gulfview Boulevard. Clearwater, Florida.
Whereas, the Clearwater Fire Department desires to engage in training exercises on the vacant D.H.
Griffin Wreckina Co.. Inc. property located at 430 South Gulfview Boulevard, Clearwater, Florida during Auaust
24m to October 1 at 2005;
Whereas, the D.H. Griffin Wreckina Co.. Inc. desires an Indemnification Agreement to ensure that the
D.H. Griffin Wreckina Co.. Inc. the owner of the property located at 430 South Gulfview Boulevard, Clearwater,
Florida, are protected from any claims arising out the actions of the City of Clearwater or its employees during
the training exercises, which are not attributable to any error, omission, or negligent act by the D.H. Griffin
Wreckino Co.. Inc. including their officers, agents, and employees;
Now, therefore, the City of Clearwater agrees as follows:
To the extent provided by Section 768.28, Florida Statutes, the City of Clearwater will indemnify, defend, and
hold harmless the D.H. Griffin Wreckina Co.. Inc. including all of their officers, agents, and employees, from any
claim, loss, damage, cost, or expense, including attorney's fees and any costs incurred in enforcing this
Indemnity Agreement, arising out of any act, error, omission, or negligent act by the City of Clearwater or its
agents or employees, during the performance of training exercises by the Clearwater Fire Department at the
property located at 430 South Gulfview Boulevard, Clearwater, Florida, except that neither the City of
Clearwater nor its agents or employees shall be liable for any claim, loss, damage, cost, expense, or attorney's
fees arising out of the training exercises that are attributable to any error, omission, or negligent act by the D.H.
Wreckina Co.. Inc. including their officers, agents, and employees.
By:
ARWATER, FLORIDA
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IlIiam B. Horne II
City Manager
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Cynthia E. Goudeau
City Clerk
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FRANK HIBBARD, MAYOR
BIU.JONSON, VICE-MAYOR
Hon HAMILTON, COUNCIIMEMBER
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JOHN DORAN, COUNCIlMEMBER
CARLEN A. PETERSEN, COUNCIIMEMBER
"EQUAl. EMPLOYMENT AND AFfIRMA'l1VE ACTION EMPLOYER"
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City Council
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Trackin9 Number: 1,622
Actual Date: 10/20/2005
subiect / Recommendation:
Approve a work order to Cumbey & Fair, Inc. (EOR) for $159,477.00 to provide civil engineering
and architectural services for the Fire Training facilities, EOC building, and Fire Station #48 at
1700 Belcher Road and that the appropriate officials be authorized to execute same.
Summary:
The current Clearwater Fire & Rescue Training Facility and Fire Station #48 are both located at
1700 Belcher Road. The Training Facility constructed in 1978 no longer meets the needs of the
department and Fire Station #48 is scheduled for major renovation or replacement in 2006/07.
The funding for the Fire Training Facility is $3,566,500.00 from Penny for Pinellas distribution.
The Funding for Fire Station #48 design is $200,000.00 from Penny for Pinellas distribution. The
City is seeking state assistance to fund the construction of an EOC facility to be located on the
same property.
This Work Order with Cumbey & Fair, Inc., provides for land survey, geo-technical, pre design
architectural programming, environmental assessment, civil engineering, site planning services
and all regulatory permitting for a new Fire Training classroom and Burn Building, Emergency
Operations Center, and a replacement facility for Fire Station #48 at 1700 Belcher Road, including
increased parking areas and new service entrances.
Teng & Associates, Inc., an architectural firm with extensive fire training facility and fire station
experience, is the sub-consultant providing the initial architectural programming to determine the
appropriate scope of the facility to meet the needs of the City. Services include architectural,
M.E.P., structural, fire protection, security and technology programming for the new Fire Training
Classroom and Training Facilities, Fire Station #48, and EOC building.
Originating: Fire and Rescue Department
Section: Consent Agenda
Category: Construction Contracts - All Departments other than Public Works Originating
Number of Hard Copies attached: 1
Financial Information:
~ Capital Expenditure
Bid Reauired? No
Bid Exceptions:
Other
Other Contract?
not applicable
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City Council
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In Current Year Budget?
Yes
Budget Adiustment:
No
Current Year Cost:
$159,477.00
Annual Operatina Cost:
$0.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$159,477.00
Not to Exceed:
$0.00
Appropriation Code(s)
315-91252
Amount
$159,477.00
Comments
Review Approval
Jamie Geer
Cyndie Goudeau
09-28-2005 16:43:23
09-30-2005 10:08:13
10-06-2005 12:05:57
09-29-2005 08:40:37
10-03-2005 09:39:01
10-06-2005 14:51:09
09-29-2005 09:09: 14
10-06-2005 15:11:40
Tina Wilson
Garry Brumback
Michael Ouillen
Brvan Ruff
Bill Horne
George McKibben
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CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
CUMBEY & FAIR, INC. WORK ORDER INITIATION FORM
Date: September 21,2005
Project Number:
City Project Number:
1. PROJECT TITLE: Proposed Fire Station #48 Improvements
1700 Belcher Road, Clearwater, Florida
2. SCOPE OF SERVICES:
Prepare pre-design architectural programming, design and permitting.
Services for the site improvements at the existing Fire Station #48 located at Lot
13 in the Clearwater Industrial Park, 1700 Belcher Road, Clearwater, Florida.
Task 1.0 - Architectural Services
It is our understanding that the City of Clearwater desires to construct a new Fire
Training Classroom, Bum Building Prop, Emergency Operations Center, and a
replacement facility for the existing Fire and Rescue Station #48. The new
construction will be located at Lot 13 of the Clearwater Industrial Park. The
property currently houses a Fire Station #48, a Bum Tower and a Classroom
Building. It is the intent of the City to maintain the existing Fire Station
operations during replacement as well as the construction of all other activities to
be located on the site including an increased parking area and new service
entrances. A phased construction plan will be provided to achieve that goal. Teng
& Associates is proposing an initial Programming Phase to determine appropriate
scope of the proposed improvements to meet the needs of the City at this facility.
Design and Construction Phases are assumed to begin after the submission of the
Programming document. However those services are not included in this fee
proposal.
For the Project described above, Teng & Associates, Inc. shall provide
professional services, including Architectural, M.E.P., Structural, Fire Protection,
Security and Technology programming for the new Fire Training Classroom and
Training facilities.
Task 1.1 - Pre-Design / Programming Phase
Programming Meeting - (3) three information gathering meeting by Project
Manager and Project Designer and (2) two review meeting by Project Manager
and Project Designer with City and Fire representatives pertaining to the
programming requirements of the new Classroom, Bum Prop facilities, EOC and
Fire Station 48 replacement.
Task 1.2 - Meetings
Meetings - Teng shall meet with Cumbey & Fair via teleconference and web links
to coordinate building design development documents with site documents.
Teng shall attend (3) three meetings with Cumbey & Fair, City and Fire
representatives to determine final site layout for new facilities. Attendance will be
by Project Manager and Project Designer.
Assumptions for Architectural Services
1. Construction Procurement Services are not included within the scope of
this proposal, but can be provided as an Additional Service.
2. Design Drawings and Technical Specifications shall provide technical
information only. Bidding Requirements, Contract Forms, Conditions of
the Contract or Division 1 - General Requirements are not included within
the scope of this proposal, but can be provided as an Additional Service.
3. Construction Cost Estimate is not included within the scope of this
proposal, but can be provided as an Additional Service.
Additional Services
Any services performed by Teng which are not identified above as Basic Services
shall be considered Additional Services. Examples of Additional Services include
but are not limited to:
. Design Development Documents.
. Construction Drawings and Technical Specifications.
. Meetings with potential construction service providers.
. Bidding or negotiation for construction procurement services.
. Construction Administration Services.
. Review of alternates proposed by potential or successful construction service
providers.
. Permit expediting.
. Value engineering.
. Meetings with Cumbey & Fair and City of Clearwater agencies not included
in the Scope of Basic Services stated above.
Task 2.0 - Geotechnical Exploration and Phase I/Phase II Environmental Site
Assessment
Nodarse & Associates, Inc. (N&A) will be completing a Geotechnical Exploration
and a Phase I/Phase II Environmental Site Assessment for the subject project. The
purpose of the exploration is to obtain geotechnical and environmental
engineering data to assist in the design and development of the project.
The project site is located on the west side of Be1cher Road just south of Calumet
Street in Clearwater, Florida. The project consists of the construction of a new
one-story or two-story classroom building with approximate dimensions of 100
feet in length by 100 feet in width and a new bum tower, up to four stories high,
with approximate dimensions of 100 feet in length by 50 feet in width and
replacing the existing Fire Station. The project also includes a new stormwater
pond. We have assumed that foundation loads will not exceed 150 kips for
columns and 5 kips per linear foot along load bearing walls. We have also
assumed that finished grades will be at or near existing ground surface elevations.
The type of construction will not be determined until the preprogramming is
complete. As such, any building type exceeding these assumptions may
necessitate additional services.
Task 2.1 - Geotechnical Exploration
The proposed scope of services is based on the supplied information and our
experience in the area with sites and projects similar to this one. Exploration is
planned to contain the following:
. Stake boring locations at the site.
. Mobilize truck-mounted rotary drilling equipment to the site.
. Perform eleven Standard Penetration Test (SPT) borings to a depth of25
feet within the proposed buildings.
. Perform one SPT boring to 25 feet within the proposed stormwater pond.
. Perform visual classification of the soil samples obtained from the SPT
borings.
. Analyze the field data to develop engineering recommendations for site
preparation and foundation design.
The exploration will be supervised by a Geotechnical Engineer registered in the
State of Florida. The results of the exploration will be presented in a geotechnical
engineering report. This report will specifically offer recommendations on the
following items.
. Existing site conditions.
. Exploration, testing, and sampling methods.
. Subsurface soil conditions encountered and soil classifications.
. Depth of groundwater at the time of the exploration and estimated
seasonal high groundwater levels.
. Foundation design recommendations include allowable bearing pressures
and feasible foundation types.
. A discussion of general site preparation techniques and fill compaction.
Task 2.2 - Phase I Environmental Site Assessment
N&A will complete a Phase I Environmental Site Assessment for the subject
property. The purpose of this study will be to provide a professional opinion
regarding the possible presence or prior existence of hazardous material or
hazardous waste contamination of soil or groundwater at the site due to onsite
and/or offsite sources. Inquiries with respect to asbestos, lead based paint, lead in
drinking water, radon, methane and/or wetlands are not included in the proposed
scope of work.
Task 2.3 - Phase II Environmental Site Assessment
The extent and details of a Phase II study cannot be well defined until the Phase I
work has been completed. In this proposal, N&A will address the scope of work,
estimated cost and schedule for Phase I work only. The work performed in this
Phase I study will be done so in accordance with ASTM 1627-0 standards.
It is difficult to specify the full extent and details of the Phase II study prior to
completion of the Phase I assessment. However for the purposes of this proposal,
N&A proposes to conduct soil and groundwater testing to determine ifthe onsite
soils and/or groundwater have been adversely impacted by activities related to the
existing fire training facility at the subject site. To evaluate the presence of
contamination, N&A will complete the following activities:
. N&A personnel will mobilize to the subject site and conduct a series of
hand-augered soil borings in the vicinity of the bum pit located onsite.
. N&A will collect up to eight (8) discreet soil samples for laboratory
analysis by EPA Methods 8260 for volatile organic aromatics (VOCs),
8270 for semi-volatile organic compounds (SVOCs), the Florida
Petroleum Residual Organic (FL-PRO) method for total recoverable
petroleum hydrocarbons (TRPHs), and 8 Resource Conservation and
Recovery Act (RCRA) metals.
. N&A will install up to four (4) temporary groundwater monitoring wells
to a maximum depth of approximately 15 feet LBS.
. Groundwater samples will be collected from the monitoring well for
laboratory analysis by EP A Methods 8260 for VOCs, 8270 for SVOCs,
the FL-PRO method for TPHs, and 8 RCRA metals.
. N&A will prepare a final report outlining all field data and observations,
analytical results and conclusions. Recommendations regarding the data
obtained will be provided in the report, as appropriate.
All field sampling and analysis activities will be accomplished in general
accordance with the Florida Department of Environmental Protection's (FDEP's)
Standard Operating Procedures (SOPs). All laboratory analysis will be undertaken
by a Florida Department of Health and Rehabilitative Services and FDEP
approved chemical laboratory.
Task 3.0 - Design and Specifications (Civil Engineering Only)
Task 3.1 - Design Survey
. Prepare boundary and topographic survey.
Task 3.2 - 30 Percent Plans
. Prepare and discuss with the City 30 percent (30%) plans showing proposed
site plans.
Task 3.3 - 60 Percent Plans
. Prepare and discuss with the City 30 percent (60%) plans including grading,
paving and drainage plans, details, and utility plans.
Task 3.4 - 90 Percent Plans
. Prepare and discuss with the City 90 percent (90%) plans and specifications.
Task 3.5 - Construction Documents
. Prepare and discuss with the City Final Construction documents with an
Engineer's Estimate of Probable Cost for site work.
Task 3.6 - Bid Assistance
. Provide the City with bid assistance in attending a pre-bid meeting and
preparing addenda pertaining to site work.
Task 4.0 - Permitting (Civil Engineering Only)
Task 4.1 - City Development Review
. Prepare City Site Development Permit application.
Task 4.2 - Southwest Florida Water Management District
. Prepare SWFWMD ERP application.
Task 4.3 - County Access Management
. Prepare and submit a County Access Management permit application for
access to Belcher Road.
Task 4.4 - Utility Connections
. Prepare and submit FDEP General Permit Application for Drinking Water
Distribution System. Prepare and submit a FDEP wastewater collection
system permit application.
. Provide utility coordination services.
Task 4.5 - NPDES Stormwater NOI
. Prepare and submit FDEP NPDES NOr application.
Task 4.6 - City Building Department Assistance
. Provide local assistance to Architect with building department permitting.
ASSUMPTIONS FOR CIVIL ENGINEERING SERVICES:
1. Traffic Impact Study will be provided, if necessary. The requirement of the
study cannot be determined until the Architectural programming phase is
completed to quantity any increase in trips and estimate the percent increase
for study requirement thresholds. The fee will be negotiated and included
simultaneously with the Architectural Design Services fee.
2. Landscape architectural services will be provided as additional services upon
completion of the Architectural Programming Phase. The fee will be
negotiated and included simultaneously with the Architectural Services fee.
3. A phased site development plan will be included in the site design,
permitting, and construction plans.
4. Demolition planes) will be included in the site plans.
5. The on-site drafting pond may be filled.
ADDITIONAL SERVICES
Any services performed by Cumbey & Fair which are not specifically identified in
the Basic Services, shall be considered as Additional Services. Examples of Additional
Services include, but are not limited to:
. Permit Expediting.
. Public Hearings
. Variances or Special Exceptions
. Geotechnical Investigations / Soils Engineering
. Environmental Consultant Services
. Structural engineering services (such as retaining walls, special drainage
structures i.e. box culverts, etc.)
. Permit Fees to be paid by the Client
3. PROJECT GOALS:
Provide pre-design Architectural services and design / permitting engineering
servIces.
4. BUDGET:
This price includes all labor and expenses anticipated to be incurred by Cumbey
& Fair, Inc. for the completion of these tasks, on a lump sum basis, for a fee
described in Attachment A.
5. SCHEDULE:
The project is to be completed within 12 months from issuance of notice- to-proceed.
6. STAFF ASSIGNMENT (Consultant):
Cumbey & Fair, Inc. Project Manager: Timothy E. Bourne, P.E.
City of Clearwater Project Manager: Glen Bahnick, Jr.
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER's project correspondence shall be directed to Timothy E. Bourne, P.E. All
City project correspondence shall be directed to with copies to others as may be
appropriate.
8. INVOICINGIFUNDING PROCEDURES:
Invoices shall be submitted monthly to Marty Pages, 100 S. Myrtle Ave., #220,
Clearwater, Florida 33756-5520 or P. O. Box 4748, Clearwater, Florida 33758-4748, for
work performed. Invoices will be prepared monthly. Contingency services will be billed
as incurred only after written authorization provided by the City to proceed with those
servIces.
City Invoicing Code:
9. ENGINEER CERTIFICATION:
Cumbey & Fair, Inc. will certify as . a licensed Professional Engineer, registered in
accordance with Florida Statute 472, that the above Plans and Specifications meet or exceed
all applicable criteria specified by City municipal ordinance, State, and Federal established
standards. We understand that it is our responsibility as the project's Professional Engineer
to perform a quality assurance review of these submitted plans to ensure that such plans are
free from errors and/or omissions.
This certification shall apply equally to any further revision and/or submittal of plans,
computations, or other project documents, which we may subsequently tender.
10. SPECIAL CONSIDERATIONS:
PREPARED BY:
APPROVED BY:
Timothy E. Bourne, P .E.
Vice President /
Cumbey & Fair, Inc.
Michael D. Quillen, P.E.
City Engineer
City of Clearwater
Date
Date
Z:\jn\0445\ClearwaterIFS 48\WO-fonn 090805.doc
ATTACHMENT A
CITY OF CLEARWATER
Proposed Fire Training Facilities at Fire Station #48
PROJECT BUDGET
CUMBEY & FAIR. INe.
Subconsultant
Task Descriotion Services Labor Total
1.0 Architectural Pre-Desie:n Services
1.1 Programming Phase (NON EOC) $31,400.00 $1,520.00
1.1 a Programming Phase (EOC) $11,000.00
1.2 Meetings $10,600.00 $2,150.00
1.3 Task Allowance (10%) $5,667.00
$56,670.00
2.0 Geotechnical/Environmental
2.1 Geotechnical Exo1oration (NON EOC) $4,300.00 $180.00
2.1a Geotech (EOe) $2,200.00
2.2 Phase I Environmental Site Assessment $1,600.00 $180.00
2.3 Phase II Environmental Site Assessment $13,675.00 $180.00
2.4 Task Allowance (J 0%) $2,231.50
$22,315.00
3.0 Desil!n and Soecifications (Civil Ene:ineerine: Onlv)
3.1 Survev $10,900.00
3.2 30% Submittal $10,700.00
3.3 60% Submittal $10,700.00
3.4 90% Submittal $8,300.00
3.5 Final Construction Documents $7,800.00
3.6 Bid Assistance $2,580.00
3.7 Task Allowance (10%) $5,098.00
$56,078.00
4.0 Permitting Services (Civil Ene:ineerinl! Onlv)
4.1 City Development Review $4,400.00
4.2 Southwest Florida Water Management District $4,900.00
4.3 Countv Access Management $1,840.00
4.4 Utility Connections / Coordination $3,700.00
4.5 NPDES Stormwater Nor $820.00
4.6 City Building Department Assistance $1,080.00
4.7 Task Allowance 00%) $1,674.00
$18,414.00
Subtotal, Labor and Subcontractors $74,775.00 $86,600.50 $153,477.00
Other Direct Costs (prints, photocopies, postage, etc) $4,500.00 $1,500.00 $6,000.00
Grand Total $79,275.00 $88,100.50 $159,477.00
(Add the following as an Attachment:)
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CITY OF CLEAR\VATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
ATTACHMENT "B"
DELIVERABLES
The design plans shall be produced on stable-based mylar or vellum material, 24" x 36"
at a scale of I" = 20' unless approved otherwise. Upon request, the consultant shall deliver
all drawing files in digital format with all project data in Land Development Desktop (LDD)
RI or R2 format, including all associated dependent files. When LDD is not available, upon
approval by the City of Clearwater Project Manager, a standard ASCn file can be delivered
with all associated drawing and dependent files. The ASCn file shall be a comma or space
delimited containing code, point number, northing, easting, elevation and description for
each data point. Example below space delimited Ascn file:
POINT # NORTHING EASTING ELEV
284 1361003.838 264286.635 25.00
or comma delimited ASCII file:
284,1361003.838,264286.635,25.00, BCV (PNEZD)
An AutoCAD Release Fourteen (14) drawing or later drawing file shall be submitted.
NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are
used the consultant shall include all necessary information to aid in manipulating the
drawings including either PCP, CTB file or pen schedule for plotting. The drawing file
shall include only authorized fonts, shapes, line types or other attributes contained in
the standard AutoDesk, Inc. release. All block references and references contained
within the drawing file shall be included. Please address any questions regarding format
to Mr. Tom Mahony, at (727) 562-4762 or email addresstmahony@clearwater-fl.com
DESC
BCV
City Council
Cover Memorandum
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Tracking Number: 1,645
Actual Date: 10/20/2005
Subject / Recommendation:
Approve settlement of the liability claims, including attorney fees, of Robert Ralston and Marilyn
Ralston for payment of $125,000. .
Summary:
On August 13, 2003, Robert Ralston, a lineman for Verizon Cable, was repairing downed cable
lines on Court St. Clearwater police officers closed off several traffic lanes on Court St. to
prevent traffic from entering Mr. Ralston's work zone. The police did not close off all traffic lanes
and a vehicle travelling in an open lane entered Mr. Ralston's work zone, hitting a downed cable,
and causing the cable to strike Mr. Ralston.
Mr. Ralston sustained significant injuries, including multiple fractures involving his right
shoulder, face, and arm. Mr. Ralston had surgery for his upper arm and shoulder injury, and
future shoulder surgery is anticipated.
As a consequence of his injuries, Mr. Ralston is no longer able to perform the duties of a
lineman, and is no longer in a position providing overtime wages. His loss of overtime for 2003
was $17,000.
The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000 for Robert
Ralston and $100,000 for Marilyn Ralston. Mr. Ralston has agreed to accept $100,000,
including attorney fees, for settlement of his claim, and Marilyn Ralston has agreed to accept
$25,000, including attorney fees, for settlement of her claim.
The City's Risk Management Division and the City's Claims Committee recommend this
settlement as being in the best interest of the City.
Funding for the payment of this settlement is available in the budget for claims expense in the
Central Insurance Fund.
Originating: Finance
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Type: Other
Bid Reauired? No
Bid Exceptions:
Other
~h!
u~
Other Contract?
Insurance Settlement Claim
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$125,000.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$125,000.00
Appropriation Code(s)
590-07000-545900-000
Review ApDroval
Maraie Simmons
Cvndie Goudeau
Pam Akin
Garrv Brumback
Tina Wilson
Bill Horne
,
I
l_
Amount
$125,000.00
Comments
Insurance settlement claim
09-26-2005 12: 16:08
10-06-2005 15:52:00
10-05-2005 10:34:02
10-06-2005 15:40: 10
10-06-2005 14:03:42
10-06-2005 15:49:22
City Council
Cover Memorandum
819-3
lL.Li
Trackino Number: 1,635
Actual Date: 10/20/2005
subiect / Recommendation:
Approve the final plat for "SUNSET POINT SUBDIVISION" located at 2945 Sunset Point Road,
approximately 2000 feet west of McMullen Booth Road.
Summary:
* This is a plat of meets and bound tracts 14/09 and 14/12 in Section 5-29S-16E, consisting of
3.21 acres.
* The property is within the city limits of Clearwater.
* The final plat will create 14 single-family lots.
* The proposed project was approved by DRC May 20th, 2005.
* The property is zoned as LMDR (low medium density residential)
* A copy of the plat is available for review in the Office of Official Records & Legislative
Services
Originatino: Engineering
Section Consent Agenda
Cateoorv: Plat Files
Public Hearinq: No
Financial Information:
Review Aooroval
Glen Bahnick 09-27-2005 15:11:05
Garrv Brumback 10-07-2005 10:22:51
Michael Ouillen 09-27-2005 16:22:40
Bill Horne 10-10-2005 16: 15:07
Cyndie Goudeau 10-10-2005 16: 17:44
Location Map
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CLEARVVATER SAFETY HA
Reviewed By: T.M. Scale: N.T.S
S - T - R 05-29s-16e Date: 09/26/05
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Ens - '-1
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-._.......~Jl!!!:!!!.~ CO'!.~!:....~_~I!1~.~~..!!.~..!:!,!!!.,..__.",....__'mmm..m
Trackinq Number: 1,649
Actual Date: 10/20/2005
subiect / Recommendation:
Ratify and confirm supplemental professional engineering design services by McKim & Creed for
site re-design and permitting of the Union Street Booster Pumping Station component of the
Drew/Union RCW, Contract 2 - Booster Pumping Stations project, and approve payment to
McKim & Creed for this work in the amount of $43,900.00, and that the appropriate officials be
authorized to execute same. -
Summary:
McKim & Creed is the engineering design consultant for the Drew/Union RCW project, and is
an Engineer-of-Record for the City of Clearwater.
Ratification and confirmation of the approval of this work is requested because, McKim &
Creed has performed emergency additional design and permitting services for the numerous
required site revisions for the Union Street booster pumping station site alternatives at the
request of the City, prior to approval of a Work Order. The EOR completed engineering work
with Pinellas County and the City for the original School Board property site; attended various
meetings with all parties; reviewed and responded to numerous questions and comments from
surrounding residents; addressed concerns for aesthetics, noise, odors, and chemicals;
conducted additional tree surveys as requested; attended weekly meetings to consult with the
City on site; revised site plans and initiated site permitting through the City DRC; responded to
the community on site plan application, and prepared application for annexation.
The remaining work order tasks address engineering services required to relocate the booster
pumping station to the new site on County property located at the SW corner of McMullen Booth
Road and Union Street. Specific site issues that will require reconciliation include pond storage
requirements and connection to existing RCW piping in Union Street. A revision to the SCADA
control system to current City methods is also included.
The Del Oro Park and Union Street Booster Pump Stations, necessary for the operation of the
Drew and Union RCW project, will be included as part of the future Del Oro Groves Reclaimed
Water System project. This will allow the City to be eligible for 50% cost share from the
Southwest Florida Water Mana
gement District (sWFWMD) Funding Agreement L053 for the additional design and construction
costs.
Sufficient budget for interim financing or funding with 2002 Water and Sewer Revenue Bond
proceeds when issued is available in project 0343-96739, Reclaimed Water Distribution System.
A copy of the work order is available for review in the Office of Official Records and
Legislative Services.
Oriqinatinq: Engineering
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
financial Information:
~ Capital Expenditure
City Council
_"...."...~~.. cO~!..~.",.,~.~..!!!.~..~o~.!:,d u n:'L..",._""~",",,
Bid Reauired? No
Bid Exceotions:
Other
Other Contract?
Existing City Engineer-Of-Record
Budget Adjustment:
No
Budget Adiustment Comments:
See Summary Section
Aporooriation Code(s)
0343-96739-561300-533-000
Amount
$43,900.00
Comments
Review Aooroval
Glen Bahnick
Garry Brumback
09-27-2005 15:09:25
09-30-2005 14:17:45
10-10-2005 16: 12:06
09-27-2005 16: 19:45
10-10-2005 16:20:05
09-30-2005 09:54:54
10-06-2005 12:04:41
Brvan Ruff
Bill Horne
Michael Ouillen
Cvndie Goudeau
Tina Wilson
Location Map
a::
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OAKS
4th ST.
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City of Clearwater
Public Works Administration / Engineering
UNION STREET RCW
BOOSTER PUMPING STA TlON
s
Drawn By: S.K. Reviewed By: T.F. Scale: N.7.S.
Grid # 256A S - T - R 4-29s-16e Date: 09/23/05
City Council
,._,.~g"end~""...~ove!..,!'1em~!~ r:!..~!:!..m.".",w
~-5
ILb
Trackinq Number: 1,643
Actual Date: 10/20/2005
subiect / Recommendation:
Approve the work order to Wade-Trim of Tampa, an Engineer of Record, for the design and
permitting of the Bayfront Promenade in the amount of $143,914.98 and authorize the
appropriate officials to execute same.
Summary:
Wade-Trim completed the Clearwater Bayfront Marina Feasibility Study in September of 2003,
which set forth options and requirements for a new municipal marina located at the east end of
the Memorial Causeway Bridge. While it was determined not to move forward with the
development of a marina, the City wanted to secure its option to retain a structure on the
footprint of a portion of the Memorial Causeway Bridge.
The Bayfront Promenade will provide a public gathering space and access for commercial
transport vessels at the east end of the Memorial Causeway. The design will incorporate select
pilings and bridge abutment for the old bridge structure and will be approximately 32 feet wide
and extend 200 feet into Clearwater Harbor.
As part of the design process, the Consultant will meet with City staff to identify the preferred
design theme to be used, as well as future upland development of the downtown waterfront.
A first quarter budget amendment will transfer $143,914.98 from project 315-93497, Bridges,
Docks, and Seawalls to project 315-93402, Bayfront Promenade to fund the design and
permitting costs.
A copy of the Work Order is available for review in the Office of Official Records and Legislative
Services.
Originating: Engineering
Section Consent Agenda
Cate90rv: Agreements/Contracts - with cost
Public Hearinq: No
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Engineer of Record
..
o
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City Council
_~,.,.o._~!!l~t!" cov~!.J~temoran.~1~"m......._~...m.
In Current Year Budoet?
Yes
Aoorooriation Code(s)
0315-93497-561300-541-000
Amount
$143,914.98
Comments
Review Aooroval
Michael Ouillen
Bryan Ruff
10-05-2005 16:33:27
10-06-2005 16:09:39
10-10-2005 16:14:35
10-06-2005 07:51:33
10-10-2005 16: 18:27
10-06-2005 11:26:25
10-07-2005 10:21:38
Bill Morris
Bill Horne
Tina Wilson
Cvndie Goudeau
Garry Brumback
September 21, 2005
Mr. Michael D. Quillen
City Engineer
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33756
Re: Clearwater Bayfront Promenade Design and Permitting Services
Work Order Initiation Form
Dear Mr. Quillen:
Enclosed for your review are two (2) executed Work Order Initiation Forms for the design and
permitting of the Clearwater Bayfront Promenade. The Work Order Initiation Form has been
prepared based on the conceptual marina design and project assumptions identified in the
Clearwater Bayfront Marina Feasibility Study completed in September 2003.
Thank you for the opportunity to assist the City on this assignment. Should you have any
questions concerning the enclosed materials, please do not hesitate to contact the undersigned
at 813.882.8366.
Sincerely,
WADETRIM,INC.
David B. Gildersleeve
Executive Vice President
GST:fs
AAA1000.05
P:\AAA1000\Dgildersleeve\FinaIlClearwater Bayfront Promenade Scope Rev092105.doc
Enclosures
cc: Terry Finch, City of Clearwater
Greg Trim, Wade Trim
Derek Gil, Wade Trim
CITY OF CLEARWATER
PUBLIC WORKS DEPARTMENT
WORK ORDER INITIATION FORM
Date: September 21, 2005
Project No: CLW2065.01 M
City Project No:
1. PROJECT TITLE
Clearwater Bayfront Promenade Design and Permitting Services.
2. SCOPE OF WORK
Please refer to Attachment "A" Scope of Work.
3. PROJECT GOALS
The Clearwater Bayfront Promenade is designed to provide a public gathering space
and access for commercial transport ferries at the east end of the old Memorial
Causeway Bridge.
4. BUDGET
Method A - Cost Plus Maximum fee of $143,914.98 has been established for the
preparation of construction plans, permits, and bidding services.
5. SCHEDULE
Please refer to Attachment "B", Schedule.
6. WADE TRIM STAFF ASSIGNMENTS
David B. Gildersleeve, Executive Vice President, Principal-in-Charge
Gregory S. Trim, PE, Project Manager
Derek M. Gil, PE, Project Structural Engineer
Subconsultants:
George F. Young & Associates, Inc. - Bathymetric and Design Survey
Bolt Underwater Services, Inc. - Underwater pile investigation
7. CORRESPONDENCE/REPORTING PROCEDURES
Correspondence, phased plan submittals, progress reports and invoices shall be
submitted to Ms. Terry Finch, Environmental Manager, Public Works Department, with
copies to Mr. Rod Irwin, Assistant City Manager for Economic Development, and
Mr. Michael D. Quillen, PE, City Engineer of the Engineering Department. Invoices shall
be submitted to Ms. Marty Pages.
8. INVOICING/FUNDING PROCEDURES
The budget for this assignment is a cost plus maximum fee of $143,914.98. Invoicing
Method A, Cost Plus shall be used.
City Invoicing Code:
9. ENGINEERING CERTIFICATION
Wade Trim hereby certifies as a licensed Professional Engineer, registered in
accordance with Florida Statute 471, that the above project's site and/or construction
plans meet or exceed all applicable design criteria specified by City municipal ordinance,
State, and Federal established standards. Wade Trim understands that it is our
responsibility as the project's Professional Engineer to perform quality assurance review
and these submitted plans are to the best of our knowledge free from errors and/or
omissions. Further, we accept that the City's Final Inspection for a Certificate of
Occupancy does not relieve us of our own quality assurance review.
This certification shall apply equally to any further revision and/or submittal of plans,
computations, or other project documents, which we may subsequently tender.
PREPARED BY:
CITY:
Michael D. Quillen, PE
City Engineer
Date
ENGINEER:
Gregory S. Trim, PE
Associate
Date
ATTACHMENT uA"
SCOPE OF WORK
CLEARWATER BAYFRONT PROMENADE
DESIGN AND PERMITTING SERVICES
Prepared for:
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33756
Prepared by:
Wade Trim, Inc.
4919 Memorial Highway
Suite 200
Tampa, FL 33634
September 21,2005
Scope of Work
1.0 General Proiect Description
In accordance with the Bayfront Marina Feasibility Study developed by
the City and Wade Trim in September 2003, the City proposes to develop
a public pedestrian promenade along the downtown bayfront. The
promenade will provide a public gathering space and access for transport
ferries.
1.1 Supplemental Desh::an Survey and Structure Investiaation
The Consultant will perform a supplemental bathymetric survey below the
east end of the existing Memorial Causeway Bridge that was not
accessible during the Marina study that was conducted back in 2003.
Also, a limited topographic survey will be performed at the bridge
entrance that will be 100' x 100'.
In addition, the existing piles and bridge abutment that will be utilized to
construct the promenade will be inspected above and below the water.
1.2 Preparation of Desian Criteria Packaae and 30% Construction Plans
The Consultant will prepare a design criteria package for the promenade
consisting of structure lighting, electrical requirements, railing, bollards,
commercial boat launch, utilities (water & fire), construction cost estimate
and 30% construction plans.
During this process, Wade Trim will investigate the types of lighting
fixtures available from Progress Energy and discuss with the City their
electrical requirements. Types of railings and bollards will be reviewed
with the City including the commercial boat launch that will be located at
the end of the promenade. It is anticipated that the boat launch will be a
floating structure and able to be hoisted out of the water during inclement
weather.
Utility requirements will be determined during this phase with the City.
Water, fire, lighting and electrical is anticipated at a minimum. Spare
conduits can be incorporated into the structure for future utilities should
the City desire.
30% promenade construction plans and construction cost estimate will be
prepared at this phase.
2.0 Desion & Permittina
2.1 Desian and Permittina of Pedestrian Promenade
The City desires to utilize select piles of the existing Memorial Causeway
Bridge to construct a pedestrian promenade. As part of the design
services, the number and locations of existing piles to remain after the
demolition of the existing bridge will be documented through the surveys
conducted under Task 1.1 above.
Working with City staff, the Consultant will identify the number of piles
needed to construct the promenade and will inspect the piles (above &
below water) and bridge abutment and provide a report to the City
outlining their conditions and recommended structural improvements. It is
anticipated that the size of the promenade structure will be approximately
200-feet long and 32-feet wide. The promenade will be designed in
accordance to the Southern Building Code (SBC) or American
Association of State Highway Transportation Officials (AASHTO) that will
be determined with the City at the beginning of the project.
The Consultant will prepare construction design plans at 30%, 60%, 90%
and 100% stages with specification submitted at 90% and 100% stages.
The Consultant will obtain necessary permits to construct the promenade
as outlined below. In addition to the structural plans and detail sheets,
specifications will be developed for promenade railings, lighting, and
electrical. An Engineer's construction cost estimate will be prepared and
updated at 30%, 60%, 90% and 100% submittal stages.
The Consultant anticipates the promenade construction plan set will
consist of the following sheets:
1. Cover Sheet
2. General Notes & Legend
3. Promenade Demolition Plan Sheet
4. Promenade Layout Plan and Elevation Sheet
5. Promenade Substructure Detail Sheet
6. Promenade Superstructure Detail Sheet
7. Promenade Miscellaneous Details
8. Promenade Lighting and Electrical Plan Sheet
9. Promenade Lighting and Electrical Details
10. Promenade Utility Plan Sheet
11. Promenade Water and Fire Service Details
As part of the pedestrian promenade design process, the Consultant will
meet with City staff to identify the preferred aesthetic design theme to be
used, as well as future upland redevelopment of the downtown waterfront.
Also, the lighting design criteria will need to be determined upfront of the
design phase.
Permitting the promenade structure will require approval from the
following agencies:
1. Southwest Florida Water Management District (Upland Area)
2. U.S. Army Corps of Engineers
3. Florida Department of Environmental Protection
4. City of Clearwater
5. United States Coast Guard
6. Pinellas County Water and Navigation Authority
3.0 Utilitv Desian and Permittina
3.1 Utilities Base Data
Utilities anticipated to serve the promenade include potable water, fire,
electric and lighting. The City has provided the Consultant a digital
topographical survey file that was conducted for the new Memorial
Causeway Bridge design. The Consultant will provide supplemental
topographic survey data in digital plan drawing format for location of
lands ide utilities serving the promenade.
The Consultant will coordinate with the existing utility companies in
verification of existing utilities, location and proposed or future work
anticipated in the area.
3.2 Landside Utilities Construction Document
The Consultant will prepare plans and accompanying construction details
for the water (fire & potable), electrical and lighting utilities required to
service the promenade.
The Consultant anticipates preparing four (4) utility construction plan
sheets consisting of:
1. Utility Site Plan (water - potable & fire)
2. Utility Site Plan (electrical & lighting)
3. Water & Fire Construction Details
4. Electrical & Lighting Construction Details
The Consultant will prepare Technical Specifications and Engineer's
Preliminary Cost Estimate for utility construction.
3.3 Utilities Meetinas/Coordination
The Consultant will attend utility coordination meetings, as necessary,
with Progress Energy, the City's Fire Marshall and the City's Water Utility
Department. It is anticipated that utility service connections are within a
short distance (200' or less) from the promenade.
The Consultant will hold one pre-design meeting with Progress Energy to
review the project and to request anticipated provider utility costs.
The Consultant will meet with City staff to review the project design and
anticipated costs at 30%, 60% and 90% design phases.
4.0 Biddina Services
The Consultant will prepare a preliminary bid form that the City will final,
attend a pre-bid meeting and prepare addendum if necessary.
5.0 City of Clearwater Responsibilities
The City of Clearwater shall be responsible for the following materials and
services in support of this Work Order:
1. Hard copies of City utility atlas for water, sanitary, storm, and gas.
2. Current construction plans depicting the new Memorial Causeway
Bridge or other information (as-built plans) identifying existing
conditions along the Bayfront.
3. Expedient technical City staff plan reviews with a maximum of 21
working days following each phased submittal.
4. Scheduling and conducting the required pre-bid meeting. Prepare
meeting minutes with copies transmitted to the appropriate entities.
5. Permit fees.
6. Mass production of bid set document.
7. Evaluate bids to verify that all required bid documents have been
properly submitted and executed by all bidders. Review all bids for
accuracy, checked for conformance to the engineer's estimate and
tabulations are checked and confirmed.
6.0 Proiect Assumptions
The following items are assumptions made while preparing this work
order. Should these items listed below change significantly, additional
compensation will need to be negotiated on a time and material basis.
1. Construction services are not included in the scope of services.
2. Utility connections are within 200' of the proposed promenade.
END OF SCOPE OF WORK
ATTACHMENT "B"
PROJECT SCHEDULE
CLEARWATER BAYFRONT PROMENADE DESIGN & PERMITTING
CITY OF CLEARWATER
Notice to Proceed
To be Determined
Preparation of 30% Plans and Cost Estimate
60 calendar days
City Staff Review
14 calendar days
Preparation of 30% to 60% Plans and Cost Estimate
60 calendar days
City Staff Review
14 calendar days
Preparation of 60% to 90% Plans, Permits, and Cost Estimate
90 calendar days
City Staff Review
14 calendar days
Preparation of 90% to 100% Plans, Specifications and Cost
Estimates
30 calendar days
City Staff Review
14 calendar days
Bidding Assistance
To be Determined
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Agenda Cover Memorandum
Page 1 of 2
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City Council
Preferred Date:11 0-20~2005 iI
Subject / Recommendation:
Approve the work order to Wade-Trim of Tampa, an Engineer of Record, for the design and
permitting of the Bayfront Marina in the amount of $143,914.98
Item 10: 1643
Submitted: 1()9~23~2005
Actual Date: I
Latest Possible Date: 10-20-2005
....Summary:
Wade-Trim completed the Clearwater Bayfront Marina Feasibility Study in Septmber of 2003,
which set forth options and requirements for a new municipal marina located at the east
end of the Memorial Causeway Bridge. While it was determined not to move forward with
the development of a marina, the City wanted to secure its option to retain a structure
on the footprint of a portion of the Memorial Causeway Bridge.
The Bayfront Promenade will provide a public gathering space and access for commercial
transport vessels at the east end of the Memorial Causeway. The proposed structure will
utilize existing piles and bridge abutment for the old bridge structure and will be
approximately 32 feet wide and extend 200 feet into Clearwater Harbor.
The design will incorporate select pilings of the Memorial Causeway Bridge to construct
the pedestrian promenade. As part of the desing process, the Consultant will meet with
city staff to identify the preferred desing theme to be used, as well as future upland
development of the downtown waterfront.
FUNDING STATEMENT
-
Originating Department: I Engineprin~
Category: IAgreements/Contracts -with cost
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Public Hearing:
INo
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Number of Hard Copies attached:
r
r: Review Approval:(Signature indicates approval.)
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9/26/2005
CITY OF CLEARWATER
PUBLIC WORKS DEPARTMENT
WORK ORDER INITIATION FORM
Date: August 30, 2005
Project No: CLW2065.01 M
City Project No:
1. PROJECT TITLE
Clearwater Bayfront Promenade Design and Permitting Services
2. SCOPE OF WORK
Please refer to Attachment "A" Scope of Work.
3. PROJECT GOALS
The Clearwater Bayfront Promenade is designed to provide a public gathering space to
the public and commercial access for transport ferries at the east end of the old
Memorial Causeway Bridge.
4. BUDGET
Method A - Cost Plus Maximum fee of $143,914.98 has been established for the
preparation of construction plans, permits, and bidding services.
5. SCHEDULE
Please refer to Attachment "B", Schedule.
6. WADE TRIM STAFF ASSIGNMENTS
David B. Gildersleeve, Executive Vice President, Principal-in-Charge
Gregory S. Trim, PE, Project Manager
Derek M. Gil, PE, Project Structural Engineer
Subconsultants:
George F. Young & Associates, Inc. - Bathymetric and Design Survey
Bolt Underwater Services, Inc. - Under water pile investigation
7. CORRESPONDENCE/REPORTING PROCEDURES
Correspondence, phased plan submittals, progress reports and invoices shall be
submitted to Ms. Terry Finch, Environmental Manager, Public Works Department, with
copies to Mr. Rod Irwin, Assistant City Manager for Economic Development, and
Mr. Michael D. Quillen, PE, City Engineer of the Engineering Department. Invoices shall
be submitted to Ms. Marty Pages.
8. INVOICING/FUNDING PROCEDURES
The budget for this assignment is a cost plus maximum fee of $143,914.98. Invoicing
Method A, Cost Plus shall be used.
City Invoicing Code:
d 3 IS- - 'j 3 L/~7 - ?.6/300 - 5~q - DOO- 0000
9. ENGINEERING CERTIFICATION
Wade Trim hereby certifies as a licensed Professional Engineer, registered in
accordance with Florida Statute 471, that the above project's site and/or construction
plans meet or exceed all applicable design criteria specified by City municipal ordinance,
State, and Federal established standards. Wade Trim understands that it is our
responsibility as the project's Professional Engineer to perform quality assurance review
and these submitted plans are to the best of our knowledge free from errors and/or
omissions. Further, we accept that the City's Final Inspection for a Certificate of
Occupancy does not relieve us of our own quality assurance review.
This certification shall apply equally to any further revision and/or submittal of plans,
computations, or other project documents, which we may subsequently tender.
PREPARED BY:
CITY:
Michael D. Quillen, PE
City Engi. eer
Date
ENGINEER:
)
"'~"'---
9/1.1/ p?
Date
ATTACHMENT "A"
SCOPE OF WORK
CLEARWATER BAYFRONT PROMENADE
DESIGN AND PERMITTING SERVICES
Prepared for:
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33756
Prepared by:
Wade Trim, Inc.
4919 Memorial Highway
Suite 200
Tampa, FL 33634
September 21,2005
Scope of Work
1.0 General Proiect Description
In accordance with the Bayfront Marina Feasibility Study developed by
the City and Wade Trim in September 2003, the City proposes to develop
a public pedestrian promenade along the downtown bayfront. The
promenade will provide a public gathering space and access for transport
ferries.
1.1 Supplemental Design Survey and Structure Investigation
The Consultant will perform a supplemental bathymetric survey below the
east end of the existing Memorial Causeway Bridge that was not
accessible during the Marina study that was conducted back in 2003.
Also, a limited topographic survey will be performed at the bridge
entrance that will be 100' x 100'.
In addition, the existing piles and bridge abutment that will be utilized to
construct the promenade will be inspected above and below the water.
1.2 Preparation of Design Criteria Package and 30% Construction Plans
The Consultant will prepare a design criteria package for the promenade
consisting of structure lighting, electrical requirements, railing, bollards,
commercial boat launch, utilities (water & fire), construction cost estimate
and 30% construction plans.
During this process, Wade Trim will investigate the types of lighting
fixtures available from Progress Energy and discuss with the City their
electrical requirements. Types of railings and bollards will be reviewed
with the City including the commercial boat launch that will be located at
the end of the promenade. It is anticipated that the boat launch will be a
floating structure and able to be hoisted out of the water during inclement
weather.
Utility requirements will be determined during this phase with the City.
Water, fire, lighting and electrical is anticipated at a minimum. Spare
conduits can be incorporated into the structure for future utilities should
the City desire.
30% promenade construction plans and construction cost estimate will be
prepared at this phase.
2.0 Desian & Permittina
2.1 Design and Permitting of Pedestrian Promenade
The City desires to utilize select piles of the existing Memorial Causeway
Bridge to construct a pedestrian promenade. As part of the design
services, the number and locations of existing piles to remain after the
demolition of the existing bridge will be documented through the surveys
conducted under Task 1.1 above.
Working with City staff, the Consultant will identify the number of piles
needed to construct the promenade and will inspect the piles (above &
below water) and bridge abutment and provide a report to the City
outlining their conditions and recommended structural improvements. It is
anticipated that the size of the promenade structure will be approximately
200-feet long and 32-feet wide. The promenade will be designed in
accordance to the Southern Building Code (SBC) or American
Association of State Highway Transportation Officials (MSHTO) that will
be determined with the City at the beginning of the project.
The Consultant will prepare construction design plans at 30%,60%,90%
and 100% stages with specification submitted at 90% and 100% stages.
The Consultant will obtain necessary permits to construct the promenade
as outlined below. In addition to the structural plans and detail sheets,
specifications will be developed for promenade railings, lighting, and
electrical. An Engineer's construction cost estimate will be prepared and
updated at 30%,60%.90% and 100% submittal stages.
The Consultant anticipates the promenade construction plan set will
consist of the following sheets:
1. Cover Sheet
2. General Notes & Legend
3. Promenade Demolition Plan Sheet
4. Promenade Layout Plan and Elevation Sheet
5. Promenade Substructure Detail Sheet
6. Promenade Superstructure Detail Sheet
7. Promenade Miscellaneous Details
8. Promenade Lighting and Electrical Plan Sheet
9. Promenade Lighting and Electrical Details
10. Promenade Utility Plan Sheet
11. Promenade Water and Fire Service Details
As part of the pedestrian promenade design process, the Consultant will
meet with City staff to identify the preferred aesthetic design theme to be
used, as well as future upland redevelopment of the downtown waterfront.
Also, the lighting design criteria will need to be determined upfront of the
design phase.
Permitting the promenade structure will require approval from the
following agencies:
1. Southwest Florida Water Management District (Upland Area)
2. U.S. Army Corps of Engineers
3. Florida Department of Environmental Protection
4. City of Clearwater
5. United States Coast Guard
6. Pinellas County Water and Navigation Authority
3.0 Utility Desian and Permittina
3.1 Utilities Base Data
Utilities anticipated to serve the promenade include potable water, fire,
electric and lighting. The City has provided the Consultant a digital
topographical survey file that was conducted for the new Memorial
Causeway Bridge design. The Consultant will provide supplemental
topographic survey data in digital plan drawing format for location of
landside utilities serving the promenade.
The Consultant will coordinate with the existing utility companies in
verification of existing utilities, location and proposed or future work
anticipated in the area.
3.2 Landside Utilities Construction Document
The Consultant will prepare plans and accompanying construction details
for the water (fire & potable), electrical and lighting utilities required to
service the promenade.
The Consultant anticipates preparing four (4) utility construction plan
sheets consisting of:
1. Utility Site Plan (water - potable & fire)
2. Utility Site Plan (electrical & lighting)
3. Water & Fire Construction Details
4. Electrical & Lighting Construction Details
The Consultant will prepare Technical Specifications and Engineer's
Preliminary Cost Estimate for utility construction.
3.3 Utilities Meetinas/Coordination
The Consultant will attend utility coordination meetings, as necessary,
with Progress Energy, the City's Fire Marshall and the City's Water Utility
Department. It is anticipated that utility service connections are within a
short distance (200' or less) from the promenade.
The Consultant will hold one pre-design meeting with Progress Energy to
review the project and to request anticipated provider utility costs.
The Consultant will meet with City staff to review the project design and
anticipated costs at 30%, 60% and 90% design phases.
4.0 Biddina Services
The Consultant will prepare a preliminary bid form that the City will final,
attend a pre-bid meeting and prepare addendum if necessary.
5.0 City of Clearwater Responsibilities
The City of Clearwater shall be responsible for the following materials and
services in support of this Work Order:
1. Hard copies of City utility atlas for water, sanitary, storm, and gas.
2. Current construction plans depicting the new Memorial Causeway
Bridge or other information (as-built plans) identifying existing
conditions along the Bayfront.
3. Expedient technical City staff plan reviews with a maximum of 21
working days following each.phased submittal.
4. Scheduling and conducting the required pre-bid meeting. Prepare
meeting minutes with copies transmitted to the appropriate entities.
5. Permit fees.
6. Mass production of bid set document.
7. Evaluate bids to verify that all required bid documents have been
properly submitted and executed by all bidders. Review all bids for
accuracy, checked for conformance to the engineer's estimate and
tabulations are checked and confirmed.
6.0 Proiect Assumptions
The following items are assumptions made while preparing this work
order. Should these items listed below change significantly, additional
compensation will need to be negotiated on a time and material basis.
1. Construction services are not included in the scope of services.
2. Utility connections are within 200' of the proposed promenade.
END OF SCOPE OF WORK
ATTACHMENT "B"
PROJECT SCHEDULE
CLEARWATER BAYFRONT PROMENADE DESIGN & PERMITTING
CITY OF CLEARWATER
Notice to Proceed
To be Determined
Preparation of 30% Plans and Cost Estimate
60 calendar days
City Staff Review
14 calendar days
Preparation of 30% to 60% Plans and Cost Estimate
60 calendar days
City Staff Review
Preparation of 60% to 90% Plans, Permits, and Cost Estimate
14 calendar days
90 calendar days
City Staff Review
14 calendar days
Preparation of 90% to 100% Plans, Specifications and Cost
Estimates
30 calendar days
City Staff Review
14 calendar days
Bidding Assistance
To be Determined
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Agenda Cover Memorandum
Page 1 of 1
,~<w:=~::l~m~'illmllillilli@:~::llilli~llill~lml~
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City Council
Preferred Date: 11 0-20-2005
Item ID: 1646
Submitted: 109-26-2005
.:J
Latest Possible Date: 110-20-2005
..:J
Actual Date:
~Subject / Recommendation:
Approve the Cooperative Funding Agreement between the Southwest Florida Water Management
District (SWFWMD) and the City of Clearwater for funding the Alligator Creek
Implementation Projects, Phase III, Channel F (L552) in the amount of $1,OOO,Oeo.
~Summary:
The Comprehensive Watershed Management Plan for the Alligator Creek Watershed (June 1997)
developed in cooperation with Clearwater, Pinellas County, Safety Harbor and SWFWMD
prioritized projects for implementaLion.
The following projects that have been completed to date:
Stabilization of Alligator Creek Channel B between SR590 and Moccasin Lake Park
Moccasin Lake Park Sediment Sump and Rehydration
Cliff Stephens Park Dredging and Sediment Sump
Widening Channel A between N.E. Coachman and Old Coachman Road
The Kapok Wetland and Floodplain Restoration Project is currently under construction.
The following projects are currently in the design and permitting phase:
Widening Channel A between N.E. Coachman and u.S. 19
Bypass channel from Channel A to the Solid Waste Station Treatment Pond
Larger Culverts at the Entrance Road to the Waster Transfer Station
Replace Bridge at Old Coachman Road
Solid Waste Transfer Station Treatment Pond
Channel G Stabilization
SWFWMD has provided funding for all of the previous projects and continues to support the
City in its effort to implement the projects in the Management Plan.
SWFWMD has committed funding in the amount of $1,000,000 for design permitting and
construction of Channel F Channel Improvements.
The Agreement requires that construction commence by December of 2006 and be completed
within one year.
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Originating Department: rE"ngineering
Category: I Agreements/Contracts -without cost
Public Hearing:
Number of Hard Copies attached:
~ Review Approval: (Signature indicates approval.)
~
- Additional Summary Space
An additional first quarter amendment will transfer $770,581.66 of budget and Stormwater
(388419) revenue from the CIP project 0315-96120, Alligator Creek Implementation Design,
to 0315-96120, Alligator Creek Jrainage Improvement, to provide sufficient funding for
the City's 50 % share of this increase to the agreement..
A copy of the Agreement is available for review in the Office of Official Records and
Legislative Services.
Attached Documents:
If your Summary is greater than 4000 characters you will be prompted to attach a separate document for the Summary.
Please enter the name of the attached summary above.
~ ",
AGREEMENT NO.
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
ALLIGATOR CREEK WATERSHED IMPLEMENTATION PROJECTS,
PHASE III, CHANNEL F (L552)
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between
the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the
State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for
itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred
to as the "DISTRICT," and CITY OF CLEARWATER, a municipal corporation of the State of
Florida, whose address is 112 South Osceola Avenue, Post Office Box 4748 Clearwater,
Florida 33758-4748, hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under
the DISTRICT's cooperative funding program; and
WHEREAS, the project consists of implementing Best Management Practices (BMPs) in
Channel F of the Alligator Creek Watershed, hereinafter referred to as the "PROJECT"; and
WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the
CITY in funding the PROJECT.
NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set
forth below as its respective Project Manager. Project Managers will assist with
PROJECT coordination and will be each party's prime contact person. Notices and
reports will be sent to the attention of each party's Project Manager by U.S. mail,
postage paid, to the parties' addresses as set forth in the introductory paragraph of this
Agreement.
Project Manager for the DISTRICT:
Project Manager for the CITY:
Richard Mayer
Terry Finch
Any changes to the above representatives or addresses must be provided to the other
party in writing.
Page 1 of 7
1 .1 The DISTRICT's Project Manager is hereby authorized to approve requests to
extend a PROJECT task deadline set forth in this Agreement. Such approval must
be in writing, explain the reason for the extension and be signed by the Project
Manager and his or her Department Director, or Deputy Executive Director if the
Department Director is the Project Manager. The DISTRICT's Project Manager is
not authorized to approve any time extension which will result in an increased cost
to the DISTRICT or which will exceed the expiration date set forth in Paragraph 4,
Contract Period.
1.2 The DISTRICT's Project Manager is authorized to adjust a line item amount of the
Project Budget contained in the Proposed Project Plan set forth in Exhibit "B" or, if
applicable, the refined budget as set forth in Paragraph 3.1 below. The adjustment
must be in writing, explain the reason for the adjustment, and be signed by the
Project Manager, his or her Department Director and Deputy Executive Director.
The DISTRICT's Project Manager is not authorized to make changes to the
Proposed Project Plan, except as provided herein, and is not authorized to approve
any increase in the not-to-exceed amount set forth in the funding section of this
Agreement.
2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the
CITY agrees to perform the services necessary to complete the PROJECT in
accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and
the Proposed Project Plan set forth in Exhibit "B." Any changes to this Scope of Work
and associated costs, except as provided herein, must be mutually agreed to in a formal
written amendment approved by the DISTRICT and the CITY prior to being performed
by the CITY, subject to the provisions of Paragraph 3, Funding. The CITY will be solely
responsible for managing the PROJECT, including the hiring and supervising of any
consultants or contractors it engages in order to complete the PROJECT.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Two Million
Dollars ($2,000,000). The DISTRICT agrees to fund PROJECT costs up to One Million
Dollars ($1,000,000) and will have no obligation to pay any costs beyond this maximum
amount. The CITY agrees to fund PROJECT costs up to One Million Dollars
($1,000,000) and will be responsible for all costs in excess of the anticipated total
PROJECT cost. The CITY will be the lead party to this Agreement and pay PROJECT
costs prior to requesting reimbursement from the DISTRICT.
3.1 The DISTRICT will reimburse the CITY for the DISTRICT's share of the PROJECT
costs in accordance with the Project Budget contained in the Proposed Project
Plan set forth in Exhibit "B." The CITY may contract with consultant(s) or
contractor(s) or both in accordance with the Special Project Terms and Conditions
set forth in Exhibit "A." Upon written DISTRICT approval, the budget amounts for
the work set forth in such contract(s) will refine the amounts set forth in the Project
Budget and be incorporated herein by reference. The DISTRICT will reimburse the
CITY for 50 percent of all allowable costs in each DISTRICT approved invoice
received from the CITY, but at no point in time will the DISTRICT's expenditure
amount under this Agreement exceed expenditures made by the CITY. Payment
Page 2 of 7
will be made to the CITY in accordance with the Florida Prompt Payment Act, Part
VII of Chapter 218, Florida Statutes (F.S.), upon receipt of an invoice, with the
appropriate support documentation, which will be submitted to the DISTRICT
monthly at the following address:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
3.2 The Project Budget includes any travel expenses which may be authorized under
this Agreement and reimbursement will be paid in accordance with Section
112.061, F.S., as may be amended from time to time, and District Procedure 13-5,
attached hereto as Exhibit "C."
3.3 The CITY will not use any DISTRICT funds for any purposes not specifically
identified in the above Scope of Work.
3.4 Each CITY invoice must include the following certification, and the CITY hereby
agrees to delegate authority to its Project Manager to affirm said certification:
"I hereby certify that the costs requested for reimbursement and the CITY's
matching funds, as represented in this invoice, are directly related to the
performance under the Alligator Creek Watershed Implementation Projects,
Phase III, Channel F (L552) agreement between the Southwest Florida Water
Management District and the City of Clearwater (Agreement No.
), are allowable, allocable, properly documented, and are in
accordance with the approved project budget."
3.5 The DISTRICT will have no obligation to reimburse the CITY for any costs under
this Agreement until construction of the PROJECT has commenced.
3.6 The DISTRICT's performance and payment pursuant to this Agreement is
contingent upon the DISTRICT's Governing Board appropriating funds for the
PROJECT.
4. CONTRACT PERIOD. This Agreement will be effective upon execution by all parties
and will remain in effect through May 15, 2008, unless terminated, pursuant to
Paragraph 3.6 above or Paragraph 9 below, or amended in writing by the parties.
5. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the
other party to examine or audit all PROJECT related records and documents during or
following completion of the PROJECT. Each party will maintain all such records and
documents for at least three (3) years following completion of the PROJECT. All
records and documents generated or received by either party in relation to the
PROJECT are subject to the Public Records Act, Chapter 119, F .S.
Page 3 of 7
6. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All documents, including
reports, drawings, estimates, programs, manuals, specifications, and all goods or
products, including intellectual property and rights thereto, purchased under this
Agreement with DISTRICT funds or developed in connection with this Agreement will be
and will remain the property of the DISTRICT.
7. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports,
models, studies, maps or other documents resulting from the PROJECT.
8. LIABILITY. Each party hereto agrees to indemnify and hold the other harmless, to the
extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense,
including attorney fees and costs and attorney fees and costs on appeal, arising from
the negligent acts or omissions of its officers, employees, contractors and agents related
to its performance under this Agreement. Nothing herein shall be deemed a waiver,
express or implied, of either party's sovereign immunity under Section 768.28, F.S.
9. DEFAULT. Either party may terminate this Agreement upon the other party's failure to
comply with any term or condition of this Agreement, as long as the terminating party is
not in default of any term or condition of this Agreement. To initiate termination, the
terminating party must provide the defaulting party with a written "Notice of Termination"
stating its intent to terminate and describing all terms and conditions with which the
defaulting party has failed to comply. If the defaulting party has not remedied its default
within thirty (30) days after receiving the Notice of Termination, this Agreement will
automatically terminate.
10. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written
media interviews or issue press releases on or about the PROJECT without providing
advance notices or copies to the other party. This provision will not be construed as
preventing the parties from complying with the public records disclosure laws set forth in
Chapter 119, F.S.
11. DISTRICT RECOGNITION. The CITY will recognize DISTRICT funding and, if
applicable, Basin Board funding in any reports, models, studies, maps or other
documents resulting from this Agreement, and the form of said recognition will be
subject to DISTRICT approval. If construction is involved, the CITY will provide signage
at the PROJECT site that recognizes funding for this PROJECT provided by the
DISTRICT and, if applicable, the Basin Board(s). All signage must meet with DISTRICT
written approval as to form, content and location, and must be in accordance with local
sign ordinances.
12. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, local
government approvals and all real property rights necessary to complete the PROJECT
prior to commencing any construction involved in the PROJECT. The DISTRICT will
have no obligation to reimburse the CITY for any costs under this Agreement until the
CITY has obtained such permits and rights and construction has commenced.
Page 4 of 7
"
13. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local
laws, rules, regulations and guidelines, related to performance under this Agreement.
14. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves
design services, the CITY's professional designers and the DISTRICT's regulation and
projects staff will meet regularly during the PROJECT design to discuss ways of
ensuring that the final design for the proposed PROJECT technically complies with all
applicable DISTRICT rules and regulations.
15. DIVERSITY IN CONTRACTING AND SUB-CONTRACTING. The DISTRICT is
committed to supplier diversity in the performance of all contracts associated with
DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make
good faith efforts to encourage the participation of minority- and woman-owned business
enterprises, both as prime contractors and sub-contractors, in the performance of this
Agreement, in accordance with applicable laws.
15.1 If requested, the DISTRICT will assist the CITY by sharing information to help the
cooperator in ensuring that minority- and woman-owned businesses are afforded
an opportunity to participate in the performance of this Agreement.
15.2 The CITY agrees to provide to the DISTRICT, upon final completion of the
PROJECT, a report indicating all contractors and sub-contractors who performed
work in association with the PROJECT, the amount spent with each contractor or
sub-contractor, and whether each contractor or sub-contractor was a minority- or
woman-owned business enterprise. If no minority- or woman-owned business
enterprises were used in the performance of this Agreement, then the report shall
so indicate.
16. ASSIGNMENT. No party may assign any of its rights under this Agreement, including
any operation or maintenance duties related to the PROJECT, voluntarily or
involuntarily, whether by merger, consolidation, dissolution, operation of law, or any
other manner without the prior written consent of the other party. In the event of any
purported assignment of rights in violation of this section, the parties agree that this
Agreement shall terminate and is void.
17. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be
implied to create, any relationship between the DISTRICT and any subcontractor of the
CITY.
18. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit
any person or entity not a party to this Agreement.
19. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby
prohibited from using funds provided by this Agreement for the purpose of lobbying the
Legislature, the judicial branch or a state agency.
Page 5 of 7
20. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), F.S., a person
or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, F.S.,
for Category Two, for a period of 36 months following the date of being placed on the
convicted vendor list. CITY agrees to include this provision in all subcontracts issued as
a result of this Agreement.
21. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or affiliate
who has been placed on the discriminatory vendor list may not submit a bid, proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit bids, proposals, or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may
not transact business with any public entity. CITY agrees to include this provision in all
subcontracts issued as a result of this Agreement.
22. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below
constitute the entire agreement between the parties and, unless otherwise provided
herein, may be amended only in writing, signed by all parties to this Agreement.
23. DOCUMENTS. The following documents are attached and made a part of this
Agreement. In the event of a conflict of contract terminology, priority will first be given to
the language in the body of this Agreement, then to Exhibit "A," then to Exhibit "C," and
then to Exhibit "B."
Exhibit "A"
Exhibit "B"
Exhibit "C"
Special Project Terms and Conditions
Proposed Project Plan
District Travel Procedure 13-5
The remainder of this page intentionally left blank.
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed
this Agreement on the day and year set forth next to their signatures below.
Countersigned:
Frank Hibbard
Mayor-Councilmember
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
David L. Moore
Executive Director
CITY OF CLEARWATER
By:
William B. Home II
City Manager
Date
Attest:
Date
Cynthia E. Goudeau
City Clerk
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
ALLIGATOR CREEK IMPLEMENTATION PROJECTS,
PHASE III, CHANNEL F (L552)
Page 7 of 7
DISTRICT APPROVAL INITIALS DATE
LEGAL M8rYl 1JzlbG
RISK MGMT ~'
CONTRACTS
RM DEPT DIR ~ 7 oj
DEPUTY EXEC DIR -
GOVERNING BOARO' ~
AGREEMENT NO.
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY has engaged
the services of a consultant(s), hereinafter referred to as the "CONSULTANT," to
design and may engage the services of a contractor(s), hereinafter referred to as the
"CONTRACTOR," to construct the PROJECT in accordance with the Proposed Project
Plan attached as Exhibit "B." The CITY will be responsible for administering the
contracts with the CONSULTANT and CONTRACTOR and will give notice to proceed
to the CONSULTANT no later than January 31, 2006.
2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the
DISTRICT's written approval of all construction bid documents prior to being
advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its
approval. The DISTRICT's approval of the construction bid documents does not
constitute a representation or warranty that the DISTRICT has verified the
architectural, engineering, mechanical, electrical, or other components of the
construction documents, or that such documents are in compliance with DISTRICT
rules and regulations or any other applicable rules, regulations, or laws. The
DISTRICT's approval will not constitute a waiver of the CITY's obligation to assure that
the design professional performs according to the standards of his or her profession.
The CITY will require the design professional to warrant that the construction
documents are adequate for bidding and construction of the PROJECT.
3. DISTRICT REVIEW OF CITY'S SELECTION OF CONTRACTOR. The CITY will
provide the DISTRICT with a tabulation of CONTRACTOR bids and a
recommendation to award. The CITY must obtain the DISTRICT's approval of the
selected CONTRACTOR prior to proceeding with construction of the PROJECT and
the DISTRICT will not unreasonably withhold its approval.
4. APPROVAL OF CONTRACT. The CITY must obtain the DISTRICTs prior written
approval of all contracts entered into with its CONTRACTORS as referenced above in
item number one of this exhibit. The DISTRICT will not unreasonably withhold its
approval.
5. COMPLETION DATES. The CITY will commence construction on the PROJECT by
December 31, 2006 and will complete the PROJECT by December 31, 2007.
However, in the event of any national, state or local emergency which significantly
affects the CITY's ability to perform, such as hurricanes, tornados, floods, acts of God,
acts of war, or other such catastrophes, or other man-made emergencies beyond the
control of the CITY such as labor strikes or riots, then the CITY's obligation to
complete said work within aforementioned time frames will be suspended for the
period of time the condition continues to exist. This will be the CITY's sole remedy.
Page 1 of 1
AGREEMENT NO.
EXHIBIT "B"
PROPOSED PROJECT PLAN
Project Description
FY2006 funding will be used to implement BMPs in Channel F, including design,
development of construction documents, construction permitting, bidding and contractor
selection, construction of the BMPs and construction engineering and inspection. Refer to
Attachment 1 for the PROJECT location.
Scope of Work
Key tasks to be performed by the CITY:
1 . Attend one meeting with the DISTRICT prior to beginning the PROJECT to discuss the
approach, schedule and budget;
2. Prepare a design, Design Report, and Environmental Resource Permit (ERP)
application;
3. Prepare construction documents;
4. Provide the DISTRICT with the Design Report, ERP application, and construction
documents for review, and approval;
5. Bid, select and hire a CONTRACTOR to complete the construction in accordance with
the DISTRICT approved construction documents;
6. Provide construction engineering and inspection services during construction;
7. Monitor all phases of construction by means of survey, observations and materials
testing to give reasonable assurance that the construction work will be performed in
accordance with the approved construction documents set forth in the DISTRICT
approved contract between the CITY and its CONTRACTOR;
B. Provide the DISTRICT with one copy of a summary of the construction quality
assurance data, construction record drawings and permit related submittals; and
9. Any post-PROJECT reporting that may be required by the permitting agencies.
Project Budget
Task # Description CITY 01 STRICT TOTAL
1 Design, Permitting, and Construction $ 110,000 $ 110,000 $ 220,000
Documents
2 Construction $ 890,000 $ 890,000 $1,780,000
Total: $1,000,000 $1 ,000,000 $2,000,000
Page 1 of 3
"
Project Schedule
Description Completion Dates
Notice to Proceed to Consultant January, 31,2006
Task 1 Design and Permitting & Construction Documents August30,2006
Task 2 Construction
**Commence Construction December 31, 2006
Complete Construction December 31,2007
DISTRICT Review of as-built drawings and quality assurance test March 15, 2008
results
** The CITY will be able to apply for reimbursement for costs for performing Task 1 at this
time.
Page 2 of 3
Attachment 1 - L552
CREEK
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Project Area
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Page 3 of 3
AGREEMENT NO.
EXHIBIT "C"
PROCEDURE
SOlTl'BWEST FLORIDA WADJl MA.NAGIMENT DIST.lUCT
NUMBER: 13.,.5 PAGE: 1 otIc)
'J.'lTLE: nAVEL
SEcnONIDEl'
APPllOVED:
G &; FINANCIALREPORTINGIFINANCE
DATE: 08130196 SUPEBSEDES: 13-5 Dated 06101/96
The travel pract:dures for the District shall follow gencrally aa;:ptcd travel ~ for Stam
. agencies, to the extent piadicable, aud comply with the legislative intent of Cbaptc:s 112 aDd 373,
. Florida Statutes..
AUTHORITY TO INCUR TRAVEL EXPENSES: AI1y txave1er of the District must be
autIwrized in advaucc to mcur ttavd c:xpc:DSCS fer the public p1l1'pOSC tbrougb. a properly executed
Tzavel.Aqthnn'r.ttion fam. Board CODSt:I1t Agenda or Board Policy.
PUBLIC PURPOSE:. The public pmposc test for bve! is that it must be ]1--,-'" to CODdllct
oftldal Dbtrict hasiDeu.
. .
AUTHO~T7.1rn TRAVELERS: Any peISOD Who. bas. rec:ived adVllJ.Ce autbcrl2atian in
~H_ with Beard Policy 130-5 to iDcu:r travel nec:ssaEY to perfomI official District bnm,~q .
. .UDder one oftbc following categoricis: .
. Gcwming and Basin BoardmembcD .
. E.ecutivc DiIector, .t\~~nt.Exceutive DiIedcr, Deputy E~ DiIectors and C-cuma1
COunsel .
. Employees in aBcatd authorizc:dn:gular, part-time ortcDporazypcsition dcclaD:d 10 be in travel
status by tIu:ir Din:ctor orthc Dircctor's authorized~
. CMl';;rI~tes iDr a maIJaICDlcnt orprofessional position. Must be authorized by ~ Dc:partmc:::lt
DiIectcr upon coordination with Human Rcscurc::s.
. Iudividua.b requested to ~ttibute time and services as a ccnsuJbftt or advisor or as m adviscry
committee member. Must be authori:zed by the becutive DiD::ctor or ;. OL.a.m.nt E::~J:tive
Dirc:ctor or dl:si1D=.
TUVEL DAY: Apericd oftwcn1y-four (24) bo1Irs CtVl!Inmng ofibur equal quarters efm (6)
hours c:aclz.. wbich shall be a ~"""riAY' day (midDight to JDjdnight).
nAVEL PElUOD: The pcricd bctwccn the time of dr:partme and the "time ofn:tum. A
l"cnT)mmnus 1Iavc1 period amsists ef all "ten and. nftom" points 1ravc1ed in ~~ without a bRak
in public puxposc. .
';
I
I
PROCEDURE
SOlJTllWl'8l' J'LORlDA WA'l'EB. MANAGEMENT DIS'l'IUCT
NUMBEll: 13-5 PAGE: 2 of 16
11TLE: TRAVEL .
SEcnONJDU~: A9C~G~~ANCIAL REPORTING/FINANCE
APPROVED: ~ ~ ~ DATE: 08/30196 .SUPERSEDES: 13-5 Dated 06101/96
OFFICIAL HEADQUARTERS: This is the office, field office or location where the traveler is
normally asiigned and from which that person perfoans the majority of hislhcr duties. Each
cmploy"'s official headquarters shall be the same as that indicated in the area marked
"LOCATION:" on hiiIhcr position description, except that:
a) The official ~ of an anployce located in the field sball be tho city or town nearest to.
the area w~ the majority ofhislhcr work is per(01med. or such other city, town, or area as may
be designated by-the District provided that in all cases such desianation must be in the best
interest of the District and not for the convenience of the employee.
b) When any employee is stationed in any city, town. or locality for a period of over 30 ccntinuous
workdays, such location sball be deemed to be their official headquarters, and they sbal1 not be
allowed per diem or subsistence after the said period of 30 continuous workdays baa elapsed
unless this period of time is extended by the ~s approval of the Executive Director or
designee.
c) When in the best interest ofthc District, employees may idemify their home addn:ss as "point
of origin" for.a specific 1xavm period if approved by their supervisor on the travel authorization
form. It is in the best interest of the District when the employee's home is nearer the point of
destination than hisIbcr officiallieadquarters. If departure from homo is for tho COD.vemcnce of
the employee and further from the point of destinatiOJi than the official ~ the
reimbursement will be authorized for the constructive distance from the official headquartm to
the point of destination (the lesser ofthc two).
The official headquarters of Governing and Basin Board members is their home address. Board
membeIs will be Mimburscd for actual rouod trip mileage from their home addRss to the destination
when traveling on District business. To establish the mileage, Board members may provide the
odometer teading for a roUDd trip to their regular meeting location(s} followiq their first trip to that
dcstiDatioD. If Boud members change their hOme addrcaa during their term in office, the mileage
shall be CC?mcted by providing a IepIacement odometer reading indicating the date chaDF oceum:d.
TRAVEL AUTHORIZATION:, This fonn DlUIt" be used by aD District employees for the
following PUIpOscs:
. To obtain authorization to travel and incur travel related cxpcnaes (includes training sessioDS
conducted at other District offices)
. To request registratioJ? fee: payments
. To request travel advances.
'-
J
I
. PROCEDURE
SOVTBWI'.ST FLORIDA WATER. MANAGEMENT DISTRICT
TITLE: TRAVEL
SECI10NJDEP~: ACC
APPROVED: ~
NUMBBR:-13-5 PAGE: 3 of16
G & FINANCIAL REPORTINGlFINANCE
CTIVE DATE: 08130/96 SUPERSEDES: 13-5 Dated 06101/96
TRAVEL AUTHORIZATION (CODtfnued):
Govcming Board members must. use the travel authorization form for prior approval of
noD-teheduled travel outside the District including attendance at conferences or conventions. All
scheduled travel for Govcming Board members outside the District including attendance at
conferences or conventions requires prior approval through the consent agenda of a mgular monthly
Govcming Board meeting.
Basin Board members must use the travel authorization form for prior approval of all travel
(including to Governing Board meetings) other tban travel to Basin meetings.
Consultants and advisors sball be authorized as travelers of the District UDder the terms of a contract
or agreement executed by the Executive Director or Assistant Executive Director.
Advisory committee members sbaU be authorized 81 travelers of the District by blanket travel
authorization with attached list of all individuals selected.by the Executive Director to serve on that.
committee. This listing sba1l be updated by the Executive Dc:partment when members are removed
or added to the list. .
Employment candidates for managCment or professional positious sball be authorized as travelers
of the District under a ttave1 authorization fcmn pmparcd by the Human Resources Department
representative at the time travel arranaements Ire made. The Travel Voucher form will also be
ptepan:d by the Human Resources Department reprcscntative in CODjunction with the type of
reimbursement agreed to by the candidate. Candidate will be wed to .sign the authorization and
travel vouchei forms upon arrival for the interview.
The form must define the public pmposc and include dcstiuation, dates of travel. mode of
traDsportation, estimated cost and required approval authority signatutes prior to scb~111",g the
travel. The pre.-printed form mast be typed or completed in ink. A copy of the fully executed Travel
Authorization must be on file in the traveler's department prior to departure for all travel purposes
and remain on file for the cmrent fiscal year plus one year.
BLA.NKET TRAVEL AUTHORIZATION: If an employee travels mgularly for woIk
assignments to a particular location or similar locations, a "b1anketA travel authorization form should
be completed to cover the cum:nt fiscal year (or required travel period for the assigmnent) and
placed OD file in the FiDam:e Department. The form must be signed by the traveler and aD required
approval authorities.
..
h
PROCEDURE'
SOUTHWEST FLORIDA WATER MANAGEMENT DiSTIller
1Tl'U:: TRAVEL
SECTJONIDEP~: AC
. APPllOVED: cr~ .
NUMBER: 13-5 PAGE: 4 of 16
UNTlNG &. FINANCIAL REPORTINGlFlNANCE
DATE: 08130196 SUPERSEDES: 13-5 Dated 06101196
BLANKET TRAVEL AUTHORIZATION (coIlUDued):
· The completed travel authorization fann shall indicate an "as needed" status.
· The white and pink copies of the travel authorization form must be submitted to the Accounts
Payable section of the Finance Depa.'1meDt for the Finance file ofrecord. The yellow copy must
be Ietained in the traveler's department file for the current fiscal year plus one year in compliance
with the State Retention Schedule.
. Each time a Travel Voucher is submitted utilizing a blanket travel authorization, the traveler
must reference the.TA-##### on the Travel Voucher fcmn.
. A master blanket travel authorization may be submitted to cover all locations within the District
boundaries, although, for regular work assigamcnts outside District boundaries a. separate
"blanket" travel authorization will be required for eaCh specific location. .
· B1aDkct travel authorizations do not indicate the point of origin. The travel voucher submitted
for this type of travel will document the point of origin approved by the supervisor.
SIGNATURES REQUIRED FOR TRAVEL AUTHORIZATION: 'Ibe traveler must sign the
form in ink and secure the appropriate approval authoritY signatures as iDtli~. No one may
exercise signature authority for himself or hcrselt; rather, approval of a hip level of authority must
be obtained.
. TRAVELER: Governing Board members (required for DOIl-scheduled travel outside District
including confen:nces or conventiOns only)
APPROVAL SIGNATURE REQUIRED: Governing Board Chairman or Vice ChainnAn
. TRA VELD: Basin Board mcmbm (required for all travel including Govcming Board
mcetiDp; not requiIed for Basin Board meetings)
APPROVAL SIGNAnJRE REQUIRED: Basin Board Chairman Ex-officio or Governing
BOlla Ch.irmllfl or Vice Chairman
. TRAVELER: Executive Director (required for travel outside the District boundaries and to
attend comc:rencca or conventions)
APPROVAL SIGNATURE REQUIRED: Governing Board Chairman or Vice ChairmAn
. TRAVELER: Assistant Executive Director
APPROVAL SIGNATURE REQUIRED: Executive Director
'.
I
I
PROCEDURE
SOUI'llWEST nORmA WATER MANAGEMENT DJSTRICl'
NUMBER: "13-S PAGE: 50f16
TITLE: TRAVEL
gcnONmU~:Acca
APPROVED: l.1'~.
G &: FINANCIAL REPORTINGIFINANCE
DATE: 08130196 SUPERSEDES: 13-5 Dated 06101196
SIGNATURES REQUIRED FOR TRAVEL AUTHORIZATION (~DtlDued):
. TRAVELER: Deputy Executive Directors, Gcnctal Counsel and Inspector Gc:ncral
APPROVAL SIGNATURE REQUIRED: Executive Director or Assistant Executive Director
. TRAVELER: Attomcys
APPROVAL SIGNATURE REQUIRED: General Counsel
. TRAVELER: Directors
. APPROV AI. SIGNATURE REQUIRED: Deputy Executive Directors
. TRAVELER: Employees (outside the state)
APPROVAL SIGNATURE REQUIRED: SuperviSors and Department Directors, and Deputy
Executive Directors or General Counsel; and Assistant Executive Din:ctor or his designee.
. TRAVELER: Employees (within state outside District or to conferences or conventions)
APPROVAL SIGNATURE REQUIRED: Supervisors and Department Directors and Deputy
Executive Directors or General Counsel
. TRAVELER: Employees (inside District am to conferences or conventions)
APPROVAL SIGNATURE REQUIRED: Supervisors and Department Directors or dcaignee
. TRAVELER: Advisors and Cona~taDts
.APPROV AL SIGNATURE REQUIRED: Deputy Executive Directors
. TRAVELER: Advisory Committee Members
APPROVAL SIGNATURE REQUJRED: Executive Director or designee
. TRAVELER: Employmmt Candidatca
APPROVAL SIGNATURE REQUIRED: Department Director after coordination with
Human Resources
TRAVEL VOUCHER: ATravel Voucher form should be completed immediately upon return
from a achc:duled travel period to verify aD related expenses.
A travel voucher foan must be submitted to Accounts Payable within three woddng days of return
from a avel period when "Advance Travel Payment" has been received.
If no "Advance Travel Payment" has been received. a travel voucher form mlUt be submitted to
Accounts Payable within thirty di.ys ofrctuming from a travel period.
I
I
PROCEDURE.
SOtmIWEST PLORIJ)A WATER MANAGEMENT DISTRICT
NUMBEA: 13-5 PAGE: 60f16
TITLE: TRAVEL
SECTlONIDEP
APPROVED:
G & FINANCIAL REPORTINGIFINANCE
FECTJVE DATE: 08/30/96 SUPERSEDES: 13-5 Dated 06101/96
TRAVEL VOUCHER (contlaued):
The pre.,.printed travel voucher fonn must be typed or completed in ink and authoriDtion documents
(i.e., copies of travel authorization form. agenda, registration form, etc.) must be attached. Blanket
travel authorization fonns on fiIf' 'r, Finance must be refenmced on the Travel Voucher by providing
the TA-#####.
· Each one-way trip must be entered CD a separate line of the Travel Voucher. The point of origin
(from) and de~tion (to) must be indicated.
. The tint "leg" (one-way trip) of travel period must include the actual time departed from the
point of origin and the last "leg" of that travel period must show the time retwned and location
of final destiuation. Hour of departure and hour of retum arc required for all travel periods.
Continuous travel periods would require recording the time at die beginn~ of the first ll}eg" and
the time at completion of the fiDal"leg."
. Continuous travel between various destinations must be detailed on the Travel Voucher. Each
"leg" of continuous travel will include a point of origin, destination and associated explanation
of public pmpose.
. The public pmpose requin:mc:nts must be defined on the Travel Voucher by indicating topic of
a me~ (i.e., MeotiDa on SWIM lssues, Meeting with Deputy Director), type of confereDCO
or convention (i.e., GFOA Conference, A WW A Conference). purpose of an event (i.e., ribbon
. cutting for service office), etc.
Governing and Basin Board members may elect to submit Travel Vouchers quarterly.
VICINITY MILEAGE: Vicinity mileage represents miles driven after mival at and departure
from a point of destination to another point within the same city oDly when necessary to conduct
. official business <hiring the period t!nI'I!ritWed "vicinity" travel. Vicinity mileage BlUst be reported
separately on the Travel Vouchc:r fcmn and an explanation must be included to justify public
purpose. Report date, dest:ination, public purpose, and beginning and ending odometer readings
(Auto Miles Code "2") on Travel Voucher to provide the required documentation.
"Odometer Mileap ToIFrom Destination" (Auto Miles Code "3") is not considered vicinity mileage
(see AUTO EXPENSES for reporting requirements).
SIGNA 111RES REQUIRED FOR TRAVEL VOUCHER: The traveler must sign the form in
ink and secure the appropriate approval authority signatures aa indicated. No one may exercise
signature authority for himself or hCISe1f; rather, approval\ of a higher level of authority must be
obtained.
;.
I
PROCEDURE
SOUI'BWEST PLORmA WATER MANAGEMENT DISTRICT
. 11TU: TRAVEL
SECTlONJDIP
APPROVED:
NUMBER: -13-' PAGE: 7 of 16
G" FINANCIAL REPORTlNGIFINANCE
\IE DATE: 08130/96 SUPERSEDES: 13-5 Dated 06/01196
SIGNATURES REQUIRED FOR TRAVEL VOUCHER (CODtiDUed):
· TRA VELD: Governing Board and Baain Board members and Exec:utive Director
APPROVAL SIGNATURE REQUIRED: TIaveler is only signature requin:d except as stated
in the Boud Policy when prior approval is required
· TRAVELER: Assistant Executive Director
APPROVAL SIGNATI1R;E REQUIRED: Executive Director
. TRA VELD: Dcputy ExecUtive Directors. General Counsel and Inspector General
APPROVAL SIGNATURE REQUIRED: Assistant Executive Director
. TRAVELER: Attomcys
APPROVAL SIGNATURE REQUIRED: Gem:ral Counselor Seni9l' Supervising Attorneys
. TRAVELER: Directors .
APPROVAL SIGNATURE REQUIRED: Deputy Executive DiIectors
. TRA VELD: Employees
APPROVAL SIGNATURE REQUIRED: Supervisors and/or Managers and Department
DiJectors or designee
. TRAVELER: Advisors and Consultants
.APPROV AL SIGNATURE REQUIRED: Deputy Executive Director
. TRAVELER: Advisory Committee Membm
APP~OV AI. SIGNATURE REQUIRED: Executive Director or c:U:signee
. TRAVELER: Employment Candidates
APPROVAL SIGNATURE REQUIRED: Department Directors upon coordination with
Human Resources
ACCOUNT CODING: All travel foons relating to a specific travel period must bear the same
accounting data to properly identify.the traveler's department, section, public PUIpOse and location
as well as the fund and acc01Dlt to be charged.
;0
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I
PROCEDURE
SOIJTJlWlST FLORIDA WATER MANAGEMENT DISTRICl'
NUMBER:.I3.o5 PAGE; 8of16
TITLE: TRAVEL .
SEcrIONJDEPAR~: ~C~G~~ANCIAL REPORTINGIFINANCE .
APPROVED: . ~ \r ~... DATE: 08130/96 SUPERSEDES: 13.5 Dated 06101/96
CLASSES OF TRAVEL:
Class A and B travel shall iDclude any assigamc:nt on official District busineas away from official
headquarters when it is considered reasonable and necessary to stay overnight and for which travel
expenses are approved.
Class A Continuous travel of24 hours or more away from official headquarters and away nom
home overnight. This is calculated based OIl four equal quarters of six. hours each which
shall be a calendar day (midnight to midnight).
Class B Continuous travel of less that 24 hams which involves overnight absence from official
headquarters and away from home overnight This is calculated based on 6-hour cycles
beginning at the hour of departure.
Class C Short or day-time ~s where the traveler is not away ftom official headquarters
overnight or when travel occurs during evening hoUrs.due to special assigomc:nt to
conduct District business.
PER DIEM: (Relatca to Class A or B Travel Only)
(I) A flat rate up to SSO per day (S12.50 per quarter day) reqUiring no receipts for rooms or meals,
or .
{2} Reimbumemcnt for the actuallcdging cost for single occupancy to be substantiated by paid bills,
.as well as the authorized meal allowance rates described below. When lodging or meals are
. provided at a state institution, the traveler sball be reimbursed only for the actual expense of
lodging or meals not to exceed the mllUmUID allowances.
or
(3) Two or more District employees electing to shan: a room while traveling under Class A or B
travel status must elect the same per diem method of reimbursement (1) Or (2) as described
above. If reimbuISement option (2) is elected, only the actual cost of the room as well as the
authorized meal allowances shall be reimbUJ'BCd.
or
(4) In the case of foreign travel, the travelcrmay choose the State per diem rate as stated above or
the foreign travel per diem rate as authorized by Section 112.061(3)(e), Florida Statutes.
To be eligible for per diem or any travel expense allowances, the travel must be authorized by the
appropriate approval authority and must meet the public purpose requirement.
:.
I
PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TInE: TRAVEL
SECrJONIDEP
APPROVED:
NUMBER: 13-5 PAGE: 9ofl6
: ACCOUNTING & FINANCIAL REPORTINGIFINANCE
RCTIVE DATE: 08130196 SUPERSEDES: 13-S Dated 06/01196
MEAL ~OW ANCE RATES: (Relates to Class C Travel)
To Receive Must Depart Must R.etum
PlU'Meftt "For. Prior To: After Allowance
Breakfast 6 a.m. Sa.m. $3
Lunch 12 noon 2 pm. $6
Dinner 6 p.m. 8 p.m. $12
Meal allowances will be paid to persons in Class C Travel status when participating in scheduled
public meetings, seminars, workshops, special assignments or other official business which occurs
outside the normal work assigm:nc:nt of a traveler.
Field staff shall only receive.mCal allowancc(s) when an assignment requires overtinie status since
their normal wade assignment is "in the field." .
In compliance with mtfn'l'lal Revenuc Service. Publication IS, Circular E, Employers Tax Guide,
Class" C meal aJiowancc reimbursements aic subject to cODSideration as incOme for tax plUposes.
When a confeRmcc or convention icgistration fee includes meals. the traveler will Dot be reimbursed
for the meals being provided. If the program for a conference or convention states that breakfast,
lunch or dinner is included in the fee, the traveler is cxpcctcd to receive that meal without
reimbursement. (Continental breakfast .. cansidmcd a breakfast and is Dot reimbursable whCn
prqvided. Brunch will be considered at the lunch allowance rate.) Reimbursement for meal expense
will be the appropriate meal allowance rate regardless of the actual cost of the meal. The traveler
must absorb any cost above the meal allowance amount TIps will Dot be reimbuned.
AUTO EXPENSES: Mileage will be reimbursed at the rate approvcd by the State legislature for
the round trip :from the travelers point of origin t9 point of destination when the tmvelcr is
authorized to use his or her own personal vehicle for official District business. The following
guidelines apply:
. It is recommended that a District pool vehicle be used for aU District travel unless one is not
available or use of a pcrsoual vehicle would be more efficient or cost effective. Use of a
personal vehicle sball be authorlzcd by the tmveler's Director as decmcd appropriate.
. All mileage CllliTrled must be: by a usually traveled route ftom the point of origin to the point of
destination. Chapter 112.061 (7)(a), Florida Statutes, states. "All travel must be by a usually
traveled route. In case a person travels by an indirect route for his own convenience, any extra
costs shall be borne by 1be traveler; and reimbursement for expenses shall be bascd only on such
charges as have been incurred by a usually tmveled route. "
;,;
PROCEDURE
SOt1THWEST nORmA WATER MANAGEMENT DlSTRICf
NUMBER: 13.,.5 PAGE: 10 of 16
1'IT'LI: TRAVEL
SEcrJONIDEPAR
APPROVED:
o &: FINANCIAL REPORTINO/FINANCE
C11VE DArE: 08130196 Sl1PEltSEDES: 13-5 Dated 06101196
AUTO EXPENSES (colltiDued):
· Whenever the point of origin and point of destination arc within two different city limits
indicated on the Florida Department ofTransportationofticial transportation map, mileage shall
be determined by Using the Official Highway Mileage chart (Exlnbit A), which provides the
computed distance from the "town" of origin to the "town" of destination, not actual odometer
readings. If either town/city does Dot appear aD the chart, or when involved in vicinity travel,
mileagc shou)d be shown by actual odometer Madings. Whenever employees travel between
District service office,. mileage shall be detmDined by using the District Mileage Chart
(Exhibit B).
. For all continuous travel trips reporting the employee's home as the point of origin (departure
. point), the allowable mileage from tbC point of origin (employee's home) to the first work stop .
shall be the lesser of the actual odometer mileage or the distance fiom the employee's official
headquarters to hisIher first work stop.
. For all continuous travel trips reporting the employee's home as a final dest:iDation, the allowable
mileage from the last work stop. to the final destination (employee's home) shall be the lesser of
the actual odometer mileage or the distance from the employee's last work stop to hisIher official
headquarters.
. Reimbursement for expenditures zelating to the operation, maintmulnc;e and ownership of a
personal vehicle, other than mileage is not permitted.
. Two round trips to an airport may be approved if it is detemrined to be moll' economical than
one round trip plus thc airport parking fee for the personal vehicle during the scheduled travel.
AUTOMO>>n.E RENTALS: Each Govcming Board member, the B:xocutivc Director, Assistant
Executive DUector. Deputy Executive Din:ctor. Gau:raI Counsel, attorneys and other individuals
authorized by the Goveming Board or Executivc Director may be supplied a Rental Agenr:y Central
Billing Credit Card for their use while on District business. Pu%cbasiDg win order and distribute the
cards after receiving an approved Credit CardsIK.cys Request faim from the authorized individuals.
An ~ . ::lloyee who is mquired to use a RDtal auto, but bas not been assigned an auto credit card. may
1'CqL:.. . a Rental Agenr:y One Trip Travel Order (O.T.T.O.). The O.T.T.O. is a substitute for an auto
credlt card to be used only once. Travolers may request the O.T.T.O. by submitting a memo to
Purchasing with a copy their 1\1lly executed Travel Authorization foIUl attached.
;..
I
. PROCEDURE
SOtmIWEST FLORmA WATER MANAGEMENT DlSTRlcr
NUMBER: 13-5 PAGE: 11 ofl6
nTLE: TRAVEL
SECI'lONJDEP
APPROVED:
. ACCOUNTING &: FINANCIAL REPORTlNGIFINANCE
IrrECTIVE DAn: 08130/96 SUPERSEDES: 13.,.5 Dated 06101196
AlITOMOBILE RENTALS (continued):
The credit card and O. T.T.O. m: provided by the n:otal ageucy as part of its agreement with the State
of Florida. Individuals using a credit card or O.T.T.O. are to ensure that the proper diacount is
applied, that DO sales tax is"clmged, and that the most economical type of vehicle to appropriately
accommodate the travel needs is requested.
Class
leA)
.2(Bj
3(C)
4(E)
S(V)
Vehicle Size
Sub-Compact
Compact
Intermediate
Full Size 41dr
Mini.,.Van
Code
BeAR
CDAR
lOAR
FDAR
MVAN
AIR TRAVEL: It is the responsibility of the scheduling department to dctemrine the most
economical method of travel prior to making reservations. Reservations may not be made until
appropriate travel authorization RqUiremcnts have been met. The DiS1rict's contract Travel
Arrangement Services provider should be utilized exclusively for IequestiDg estimates and booking
flights unless substantial savings. can be n:alizcd by utilizing another source. Tho respective
department is I'CSpOnsible fer making, cblln&ing and/or cancelling rcscrvatiODa. All ~ml'll'Cial
flights will be coach class unless not available. .
Air Travel Cards are credit cards accepted by most major airlines for flights limited to North
Alp.crica. These cards are ordered, assigned and dis1n"buted by Purcl1asing Use Credit CardsIKcys
Request fODD to n:quest an air travel card. Normally. these cards are only issued to Oovc:miDg Board
members, the Executive Director, Assistmt E.xecutive Director. Deputy Executive ~ Gcaaal
Counsel. Directors and Attorneys. Other staff may request air travel cards only after obtaiDiDg
authorization ftom the Executive Director.
.Travelers must retain the passenger receipt from the used airline ticket (last page ofticbt). Upon
return to the District. this receipt must be forwarded to Accounts Payable within tbrce business days
with the travelers signature and appropriate account coding on tho copy.
CHARTER. FLIGHT SERVICE: This service is to provide specific transportation to attend
meetings, etc. in order to conduct District busmess (overflights are excluded from this procedure).
Requests for Governing and/or Basin Board members. Executive Director. Assistant Executive
Director, Deputy Executive Directors and GeMral Counsel charter flights will be amngcd thtougb
the Executive Department after receiving approval as stated in the Policy. The use of charter flights
by staff members should be an exception and must be authorized by the Executive Director. A
requisition (RX) must be entered into the financial system ~th the flight schedule information in
order for a purchase order to be processed.
..
I
PROCEDURE
SOUTIIWEST FLORIDA WATER MANAGEMENT DISTRICT
NUMBER:'13-S PAGE: 12of16
Tn'LE: TRAVEL
SECI'IONIDEPAR
APPROVED:
G & FINANCIAL REPORTINGIFINANCE
DATE: 08130196 StJPEllSEDES: 13-5 Dated 06101196
CBAR~R ~IGHT SERVICE (continued):
Purchasing will process the request in accOIdance with Board Policy lSQ..l and District Procedure
15-1 gQvcmirig prOCUI'CDleDt practices, which includes contracting for services with an appropriate
charter flight service, obtaining the required services at the best responsible price (consistent with
trip requimments and safetY), and ~llinglchangiDg the services requested upon receipt of
JIOtification from ~e ~g depar1ment. Emergency arrangements may be made directly with
~lllllli"g who will then notify the Executive Department and request pn:paration of the required
documents.
UndernOrmal ~,payment of or reimbursement for travel by private or company-owncd
or charter plane shall be no greater than that allowed for c:ommercial (coach class) air travel rate for
equivalent distance.
BOTEIJMOTEL ACCOMMODATIONS: Lodging expense is reimbursable to authorized
District tmvelers requiring overnight absence away ftom official hcadqua.rtC1's anet home under
Class !to or B Ua-yel. The traveler may not receive rcimbi1rsement for lodging within the local area
uuless authorized by the Deputy Executive Director of Management Services. .
In order to achieve a cost savings to the District, the District may contract directly with the
hotellDiotcl.
On occasions when the travelc:r's flight schedule or ending time of a confc:rcnce prevents retumbig
home by a reasonable hour, the Department Director must determine whether an additional overnight
accommodation is wamntcd.
EMERGENCY EXPENSES: Emergency expenses that are not related to travel should not appear
on the Travel Voucher. Paid invoice or J'CCCipt for such expenses must be submitted for
reimbursement through petty cash or, if over $25, ~y submitting a check: request to Accounts
Pa.yable.
OTHER EXPENSES: When expenses are incidental to travel, receipts shall be attached to the
Travel V oucber and explained briefly on the form or. an attached memorandum. Receipts are
required in all cases except when receipts are not possible (i.e., p.s.rking meters). An explanation
must be included to explain whml no receipt is available. If proof of payment or explanation is not
submitted, reimbursement cannot be authorized.
....
I
PROCEDURE
SOUl'BWEST nORmA WATER MANAGEMENT DISTRICJ'
NUMBER! 13-5 PAGE: 13o{16
1'1TLE: TRAVEL .
SEcnONIDEPA~: A~9~~~ANCIAL REPORTINGIFINANCE
APPROVED: ~ ~ ~ DATE: 08130/96 SlJPERSEDES: 13-5 Dated 06101196
OTHER EXPENSES (coDbaed):
Other authorized expenses include:
1. Tolls for road, .bridge, ferry, etc. (receipts required whcm available)
2. Parking and storage fees (reeciptl required - except meter parkiDa)
3. Long dist8D.((e .telephone charges. for business pmposcs (nccipts ~ - except whcm coin opcnred
dcvicca are uaed)
4. Nominal telephone expenscs. for business pmposes (receipts requincl- except when coin operated
dcvic:ea are used)
5. Taxi fare or other similar ttansportation costs associated with attending business functions or
going to (from) the hotel (receipt required) .
6. Conference or convention registration fee paid diR:ctly by the traveler while attending a
conference or convention serving the public pUlpOsc on behalf of the District (receipt required)
7. State sales tax paid directly by the traveler on purchases directly related to District business
(receipt required) . -.
· E:tp/tInaIIDft _ aIIr.JdrMllo T_l YOIIdw,.", /daJt6I pllblle ~ t>jud t:tIU/tw ""'idI,..""""" II ..........
Expc:nses not reimbursable are:
1. .Tips or gratuities
2. Personal telephone calls
3. Excess baggage charges unless charges ~ for District equipment
Lost or missing zeceipts will require a statement signed by the traveler with Department DiIector's
approval in order torcc:eive reimbursement
Other aa~l expenses not detailed in the Procedure shall be handled by exception with Deputy
Executive Director's approval.
TRAVEL ADVANCES: Advance payment for official travel may be authorized by the Executive
Director or desigaee for Class A or B ttavel when the traveler anticipates substantial travel expenses
(i.e., lodging, meals, parking) and requesta funds to cover the usociated travel coats. Travel
advances will Dot be authorized for Class C travel expenses. The minimum travel advance amount
is $50. The mllximum travel advance shall not exceed 80 percent of the estimated cost for official
travel excluding any payments made directly by the Qistrict. The travel advance will generally be
made to the traveler on the ThW'Sday prior to hislhcr departure.
Advance payment (or the travelers credit cant authorization) for one nigbes lodging is usually
required. to guarantee a reservation if the traveler will mive a:fter 6 p.m. and may be required to
reserve a room at a preferred group mte. The District may reimbmsc this one night guarantee as an
advance to the aaveler if the traveler does not provide a cn;dit card authorization. The advance, if
required, will be made to the traveler prior to the due date established by the hotellmotel.
. ,
~
PROCEDURE
SOUTHWEST nORmA WATER MANAGEMENT DJSTRICf
NUMBER: 13-' PAGE: 14 of 16
mLE: TRAVEL
SECTlONIDUAR
APPROVED:
: ACCOUNTING & FINANCIAL REPORTINGIFINANCE
J'FECI'IVE DATE: 08130196 SUPERSEDES: 13-5 Dated 06101/96
'IRA VEL ADVANCES (continued):
As SOOD as possible a:t\'er the employee lcams of a travcl assignment, and an advance is dcaired, the
employee should complete a Travel Authorization form and made the "Advance Travel Payment
Requ~ ..:ted" section. The request must be approved by the employee's Department Director before
paym:: n: can be processed.
Within three working days after returning to the District, the traveler who received a travel advance
is required to submit a. completed Travel Voucher. The amount of the travel advance is to be
deducted ftom the travel expCnses claimed and any excess travel advance amount must be
reimbursed to the District when submitting the Travel Voucher.
CONTINUOUS TRAVEL STATUS: Those employees on continuous travel status may receive
a concnuous travel advance in an amount not to exceed 80 percent of expected travel expenses for
a two...week travel period. Continuous travelers are defined as employees who routinely travel
overnight. These employees QJ1 continuous travel status must complete a- Travel Voucher on a
weekly basis to document their actual travel expenses. If an mnployec is no longer QI1 coDtinuous
. travel status, any continuous travel advance amount in excess of actual expenses must be reflinded
to the District within three ~ days.
Th. .&au;"tiv. Director IIUI)' ",otllfy or interpret thi8 Procetlure.
.
I
PROCEDURE
SOlJTBWEST PLORlDA WATER MANAGEMENT DISTRICT
NUMBER: 13-5 PAGE: IS ofl6
TITLE: TRAVEL
SECnONIDEPAR
APPROVED:
G & FINANCIAL REPORTING /FINANCE
CTIVEDATE: 08130/96 S11PIRSEDES: 13-5 Datcd06l01l~6
EXHIBIT A
OmCIAL WGBWAY MILEAGE CHART
Whenever the point of origin and point of destination an: within two different city limits indicated
on the Florida Department ofTrausportation official transportation map, mileage shall be detem1ined.
by using tho Oftici~ Highway Mileage chart providing the couiputcd distance from the "town" of
origin to the "town" of destination, not actual odometer mtdings.
To use the mileage chart, dctennine tho town of origin and town of destination. Locate both on
chart. Place. ruler &long step beneath town appearing closest to the right. Follow across to
intersecting column beneath town appearing closest to the left. The number at the intersection
represents the one-way mileage between the two. towns. This is the mileage to be reported when
traveling between the city limits of two cities or towns appearing on the mileage chart.
EXAMPLE: City of Tampa to City of St. Petersburg'" 20 miles
NOTE: This "Official Highway Mileage" chart is printed on the current Florida Official
Transportation Map which is available in each Department..
. .a.'11 'u ~11
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AlII 'II II III
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....' 2' .,
,., .11 JI_
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~ ,. I"~
.....
,. -
...
,
...
.
.
I
PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRIcr
TITLE: TRAVEL
SECTION/DEPAK
APPROVED:
NUMBER: 013-5 PAGE: 16 of 16
G &: FINANCIAL REPORTINGIFINANCE
Cl1VE DATE: 08130/96 SUPERSEDES: 13-5 Dated 06101196
EXHlBIT B
DISTRIct MILEAGE CHART
Documented Mileage for Most Direct Route
Between Semce Offices
. HeadquarterslBrooksville Inverness Service Office
HeadquarterslBrooksville Bartow Service Office
Headquartl:nlBrooksville Venice Service Office
HeadquarterslBrooksville Tampa Service Office
Tampa Service Office Inverness Service Office
Tampa Service Omce
Tampa Service Office
.Bartow Service Office
Bartow Service Office
BartOw Service Office
Venice Service Office
Invemcss Service Office
Venice Service Office
.,:::,,)~;~~'. ;--,
.:~~f~~:~~
. . .
:.: kcv.i U..ir:i.
... '.V I.tm 'ii?~,.~
: ..:.... '-'~'" ..o'.. ~':::?':
.... ;\.<
Venice Service Office Inverness Service Office ~~J
· These mUes were determined by combining tho CODDeCtmg points farwhich miles have been documented.
Three of the five District service offices are not located within the limits of a city. Therefore, the
mileage to these service offices cannot be determined using the Official Highway Mileage chart.
These service offices an: called: Broo~~e Headqu8rters, Tampa Service Office and Venice
Service Office.
The documented mileage between service offices as listed in the above chart sball be uacd whenever
a District traveler is tmve1ing between District service offices. IftheR arc cxtImuatiDg or unforeseen
circumstances, such as a detour, which require the District traveler to take another longer route, an
explanation as to why the mileage reported is greater than the documented mileage on the above
chart must be included with the tmveler's submitted Travel Voucher and approved by the authorized ..
signers.
\
lTbe mileaco betweell the BartoW IIld In":-maa service offices ret1ecta the Ofticia.l HiPway Mileage chart
miles since these two service offices ue located \. ... 'n the . 1imUs.
~~
u~
City Council
"",_~~,g!Ln,~,!!",~Ov~,~,.~,~.~,~,~~~,~.,=_",."
Tracking Number: 1,706
Actual Date: 10/20/2005
Subject 1 Recommendation:
Approve adding supporting legislation that would require hands free cell phones while operating
a motor vehicle, to the 2006 State Legislative package.
Originating: Official Rec and Legislative Svc
Section Consent Agenda
Category: Other
Type: Other
Financial Information:
Review Approval
Cvndie Goudeau
10-17-2005
16:25:58
\ \ t {
~~
u~
Purchasing Memorandum
City Conunission
10/20/2005
Agenda Number: 3936
Pij.(2. - \
\ \. ,CO
1 Agenda Item No: 11.1
Type: Purchase
Quantity: 15
Requesting Dept: Solid Waste/General Services
Using Dept: Police
Bid Number or
Code Exception: Sec. 2.564 (l)(d) - Fla Sheriffs' Assn Co
VendorInfo:
Duval Ford, Jacksonville, Florida
Description:
Duval Ford - 15 each 2006 Police Pursuit vehicles at a cost of$360,845.
Comments:
Replacements for G1343, G1502, G1520, G1631, G1635, G1736, G1636, G1651, G1744, G1929, G2075,
G2079, G2091, G2229, and G2397,
Lease purchase financing.
Piggyback Florida Sheriffs' Association contract 05-13-0822.
Amount:
$ 360,720.00
Appropriation Code(s):
0316-94234-564100-519-000
Comments:
Project code
Debt service: Principal- 0566-06612-571300-582-000-0000
Interest - 0566-06612-572300-519-000-0000
t-o-'. \\ . ~
Brumback, Garry
From:
Sent:
To:
Cc:
Kader, Art
Thursday, October 20, 2005 2:43 PM
Klein, Sidney
Geer, Jamie; Carnley, Rick; Baird, Bill; Williams, Dewey; Dunbar, Kevin E.; Holloway,
Anthony; Waters, Michael; Hall, Donald; Stewart, Gregory; Brumback, Bob; Brumback, Garry;
Horne, William
RE: 10/17/2005 Work Session Follow up - Police Specialty Vehicles
Subject:
Sid - I'm glad that 406 S. Madison will work for the smaller vehicles however we can only free that building up if we have
room to move the electrical field office their employees and equipment to the Armory. If we use the Armory for the large
vehicle we may not have room to move the electrical section and thus S. Madison would not be available. .
I spoke with Kevin and he indicates that we are still in the investigation/planning mode in regards to working out a way to
locate the large command vehicle as well as all other Parks and Recreation functions on this site. We will certainly have
this information prior to taking over the Armory in January. All that being said we agree with your assessment and
recom mendations.
-----Original Message-----
From: Klein, Sidney
Sent: Thursday, October 20, 2005 2:21 PM
To: Kader, Art
Cc: Geer, Jamie; Carnley, Rick; Baird, Bill; Williams, Dewey; Dunbar, Kevin E.; Holloway, Anthony; Waters, Michael; Hall, Donald;
Stewart, Gregory; Brumback, Bob; Brumback, Garry; Horne, William
Subject: FW: 10/17/2005 Work Session Follow up - Police Specialty Vehicles
Art - Please tell Kevin that I have personally inspected 406 S. Madison, and
although it will not work for our large vehicles, it would be excellent for our
smaller vehicles and equipment. At present, it would appear that the best
short term solution for our large vehicles is the Armory. If that doesn't work,
we will work with General Services to possibly construct a building at their
facility. Long term, Chief Geerts suggestion to add an additional bay at the
main Fire Station is the best solution for our Command Bus and THI Bus,
and we will work with him to secure additional funding if this is feasible to do.
<< Message: RE: 10/17/2005 Work Session Follow up - Police Specialty
Vehicles>> <<Message: FW: 406 S. Madison Pictures >>
-----Original Message-----
From: Kader, Art
Sent: Wednesday, October 19,20059:32 AM
To: Goudeau, Cyndie
Cc: Geer, Jamie; Klein, Sidney; Vaughan, Karen; Carnley, Rick
Subject: RE: 10/17/2005 Work Session Follow up - Police Specialty Vehicles
To all,
I am on the backside of this issue and will help in anyway I can. What I do know is that Kevin and Sid have discussed the
possibility of storing the large mobile bus at the Armory and that is still under investigation. As Sid stated in his e-mail on
this subject that would not take care of the remainder of his other vehicles and equipment.
I had a meeting with Rick Carnley on another matter and I mentioned this issue. Apparently he has been involved in
searching for a location for some time for these vehicles and he probably needs to be involved in any recommendation.
1
The only other thing I can offer is that we plan to abandon the property at 406 S. Madison Ave. when we move the
electrical section from there to the Armory. Perhaps this facility could be used to store some of the vehicles and
equipment.
Please let me know if I can provide additional information and if we need to meet on this.
-----Original Message-----
From: Goudeau, Cyndie
Sent: Monday, October 17, 2005 2:19 PM
To: Kader, Art
Cc: Geer, Jamie; Klein, Sidney; Vaughan, Karen
Subject: FW: 10/17/2005 Work Session Follow up - Police Specialty Vehicles
Art - I got Kevin's out of office. Garry asked that I send this to you.
Chief Geer - Garry has asked that you be the one to speak to this Thursday night.
-----Original Message-----
From: Goudeau, Cyndie
Sent: Monday, October 17, 2005 2:16 PM
To: Geer, Jamie; Klein, Sidney; Dunbar, Kevin E.
Cc: Vaughan, Karen
Subject: 10/17/2005 Work Session Follow up - Police Specialty Vehicles
All - Garry has asked the three of you to get together to discuss the options for housing the special police vehicles. He
would like someone to be prepared to speak to this at Thursday night's meeting.
C)ndie
2
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Purchasing Memorandum
City Cormnission
10/20/2005
Agenda Number: 3936
p,--\ (2.. - d
ll,q
2
Agenda Item No:
Type:
Quantity:
11.2
Sec. 2.564 (l)(e) - Service provided by 0
1
Requesting Dept: Solid Waste/General Services
Using Dept: Solid Waste/General Services
Bid Number or
Code Exception:
VendorInfo:
Description:
Comments:
Amount:
$ 5,000,000.00
Sec. 2.564 (l)(e) - Service provided by P
Pinellas County Solid Waste Management
Department, Saint Petersburg, Florida
Pinellas County Solid Waste Management Department - Disposal of refuse during the period October 21,
2005 through October 31, 2006 at a cost not to exceed $5,000,000.
Disposal of materials collected by Solid Waste.
This service is provided by Pinellas County.
Appropriation Code(s):
0424-02083- 54 3500-534-000
Comments:
None
~Q, -\
City Council
__,_... Agel:!~'! cov~~,..~.~..~~~Q,~a nd u m...~~.,,_,......"'_,
1 d' \
Tracking Number: 1,630
Actual Date: 10/20/2005
Subject / Recommendation:
Approve amendment to Chapter 22, Section 22.33 of the Code of Ordinances authorizing a
defined area for skim boards and surf boards on Clearwater Public Beach and pass on first reading
Ordinance No. 7542-05.
Summary:
We have been unable to enforce the ordinance, which forbids boards in the swim zone due to the
sheer volume of people who turn out to ride the waves caused by the most recent storms. We
hope that creating an approved area for them to use, we can better protect the public by giving
the surfers and skim boarders a designated area similar to what was done by the County at Sand
Key Park.
The proposed area will be between pilings 7 and 8 north of the Pier. The pilings are about 153
yards apart and are roughly from between Kendall Street and Avalon Street and between
Heilwood Street and Glendale Street. The area will extend approximately 330 yards west into the
Gulf from the mean high water line.
Originatinq: Marine and Aviation
Section: Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Number of Hard CODies attached: 0
Public Hearing: No
Financial Information:
Review Aooroval
Bill Morris 09-20-2005 09: 17:33
Rod Irwin 10-07-2005 13:41 :31
Brvan Ruff 09-20-2005 09:36:46
Bi II Horne 10-10-2005 16: 13:28
Cyndie Goudeau 10-10-2005 16: 19:07
ORDINANCE NO. 7542-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 22, SECTION 22.33, CODE OF ORDINANCES,
RELATING TO BATHING AND SWIMMING AREAS AND THE
COURTNEY CAMPBELL RECREATION AREA, TO AUTHORIZE A
DEFINED AREA FOR SKIM BOARDS AND SURF BOARDS ON
CLEARWATER PUBLIC BEACH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 22:33 is amended to read:
Sec. 22.33. Same - Area defined.
(6) Surfboards, sailboats, motorboats, personal watercraft, or singular hard-surfaced
objects are not permitted to be beached on any public beach or to be operated within safe
bathing limits associated therewith unless authorized.
(A.) Authorized area for skim boards. and surf boards on Clearwater Public Beach are:
Eastern boundary coordinates: 27 deqrees, 59 minutes. 06 seconds north latitude. 82
deorees. 49 minutes. 44 seconds west lonoitude at the shoreline to approximately 153 yards
north at 27 deorees 59 minutes. 11 seconds north latitude. 82 deorees. 49 minutes. 44
seconds west. The western boundary coordinates are: 27 deorees. 59 minutes 11 seconds
north to 82 deorees. 49 minutes. 50 seconds west and 27 deorees. 59 minutes 06 seconds
north and 82 deorees 49 minutes. 50 seconds west lonoitude. This is an approximate 153 yard
by 330 yard area extendino from the mean hioh water line of Clearwater Public Beach
westward into the Gulf of Mexico 330 yards. not to exceed the above coordinates.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Bryan D. Ruff
Assistant City Attorney
Ordinance No. 7542-05
Authorized Skim + Surf Board Area
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City of Clearwater
Public Works Administration I Engineering
Clearwater Municipal Marina
Authorized Skim + Surf Board Area
Drawn By: S.K. Reviewed By: J.H. Scale: 1" =400'
Grid # 267 A S - T - R 08-29s-15e Date: 09/21/05
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Tracking Number: 1,636
Actual Date: 10/20/2005
Subject 1 Recommendation:
Approve acceptance of a FY 2005-2007 Edward Byrne Memorial Justice Assistance Grant (JAG)
grant in the amount of $101,553 from the U.S. Department of Justice/Bureau of Justice
Assistance (USDOJ/BJA) and approve an agreement with the YWCA of Tampa Bay for provision
of contractual services during the period October 1, 2005 - September 30, 2007, in accordance
with Sec. 2.564(1)(b), Code of Ordinances - Sole Source.
Summary:
1. On July 21, 2005, the City Council approved the submission of the Police Department's grant
application for federal grant funding in the amount of $101,553 for continuation of its
award-winning program, Operacion Apoyo Hispano (Operation Hispanic Outreach).
2. On September 13, 2005, the Police Department received official notification from USDOJ/BJA
that the JAG grant had been awarded. The Police Department is now seeking City Council
approval to accept the grant and to enter into a contractual agreement with the YWCA of Tampa
Bay to administer Operacion Apoyo Hispano, which consists of advocacy, interpretation,
translation of documents, and crime prevention/education activities. These contractual expenses
will be spread out over a two-year period of October 1, 2005 - September 30, 2007.
3. A contractual agreement between the City of Clearwater and the YWCA of Tampa Bay has
been prepared. A copy of the agreement will be available for review in the Office of Records and
Legislative Services.
4. Special Project No. 181-99283 has been established to account for the grant expenditures.
There is no match required for this grant.
Oriqinating: Police
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Review Aoproval
Rob Surette
09-22-2005
16:52:37
Tina Wilson
10-07-2005
10:25: 19
Bill Horne
10-10-2005
16:09:44
Sid Klein
10-06-2005
14: 19:04
~~
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City Council
Cvndie Goudeau
10-10-2005 16: 16:59
Georqe McKibben
10-06-2005 15:48:56
Garry Brumback
10-10-2005 14:32:05
J, .- r
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tOPY
ld.d.
AGREEMENT
THIS AGREEMENT is made and entered into on the _ day of
2005, by and between the YWCA of Tampa Bay, hereinafter referred to as the
"Contractor", and the City of Clearwater, Florida, a municipal corporation, hereinafter
referred to as the "City", hereby incorporates by reference the City of Clearwater's
"Standard Requirements for Requests for Proposals"; Exhibit A - Insurance
Requirements; and Exhibits B & C - Scope of Services.
WITNESSETH:
WHEREAS, the City has been awarded a grant from the U. S. Department of
Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance
Grant Program, in the amount of $101,553, for the implementation of "Operacion Apoyo
Hispano;"
WHEREAS, the Contractor has agreed to implement and administer Operacion
Apoyo Hispano in the partnership with the City;
NOW THEREFORE, in consideration of the promises and the mutual covenants
contained in the Agreement, the Contractor and City hereby agree as follows:
1. TERM.
This Agreement shall commence on the 1 st day of October, 2005, and shall terminate
on the 30th day of September, 2007, unless earlier terminated by either party hereto.
Either party may terminate this Agreement upon thirty (30) days prior written notice.
2. CONTRACTOR'S SERVICES.
The Contractor shall furnish all material and perform all of the work for administration
and implementation of Operacion Apoyo Hispano, which provides interpreter, victim
advocacy, and crime prevention services to Hispanics in the City per the attached
Scope of Services (Exhibits B and C).
3. CONSIDERATION.
Upon execution of this Agreement by all parties, the City will pay for costs associated
with the implementation of the program as specifically indicated in Exhibits Band C.
The Contractor shall submit monthly billing to the City, including all invoices, receipts,
copies of payroll checks, and other documentation of expenses for which the Contractor
seeks reimbursement pursuant to this Agreement. Such monthly billing shall be
submitted to the City no later than twenty (20) days after the close of each month. The
City's maximum liability under this contract shall not exceed $101,553 - the total
amount of the grant.
4. THE WAIVER.
Failure to invoke any right, condition, or covenant in this Agreement by either party shall
not be deemed to imply or constitute a waiver of any rights, condition, or covenant and
neither party may rely on such failure.
5. NOTICE.
Any notice or communication permitted or required by the Agreement shall be deemed
effective when personally delivered or deposited, postage prepaid, in the first class mail
of the United States properly addressed to the appropriate party at the address set forth
below:
A. NOTICES TO CONTRACTOR:
Mail to:
Susan Finlaw-Dusseault,
Chief Executive Officer
YWCA of Tampa Bay
655 Second Avenue South
St. Petersburg, FL 33701
With a copy to:
Sandra Lyth
Vice President of Program Development
YWCA of Tampa Bay
655 Second Avenue South
St. Petersburg, FL 33701
B. NOTICES TO CITY:
Mail to:
Sid Klein, Chief of Police
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756
With a copy to:
City Attorney's Office
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
6. ENFORCEABILITY.
If any provision of the Agreement is held by a court of competent jurisdiction to be
unenforceable, the remainder of the Agreement shall remain in full force and effect and
shall in no way be impaired.
7. ENTIRE AGREEMENT AND AMENDMENTS.
This Agreement constitutes the entire agreement of the parties with regard to the
subject matter hereof, and replaces and supersedes all other agreements of
understandings, whether written or oral. No amendment or extension of the Agreement
shall be binding unless in writing and signed by both parties.
8. BINDING EFFECT, ASSIGNMENT.
This Agreement shall be binding upon and shall inure to the benefit of the Contractor
and the City. Nothing in this Agreement shall be construed to permit the assignment by
the Contractor of any of its rights or obligations hereunder, as such assignment is
expressly prohibited without the prior written consent of the City.
9. GOVERNING LAW, SEVERABILITY.
In the performance of the Agreement, each party shall comply with all applicable
federal, state and local laws, rules, ordinances and regulations. This Agreement shall
be governed by the laws of the State of Florida. The invalidity or unenforceability of any
provision of this Agreement shall not affect the validity or enforceability of any other
provision.
In witness whereof, the parties hereto have set their hands and seals on the date first
above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Frank V. Hibbard
Mayor
Approved as to form;
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Attest:
Robert J. ~urette
Assistant eity Attorney
Cynthia E. Goudeau
City Clerk
YWCA OF TAMPA BAY
By: C~ us>ard-V1\J'\1\i - (1 '))etJt1'-' '1
Susan Finlaw-Dusseault
Chief Executive Officer
INSURANCE REQUIREMENTS
EXHIBIT A
The vendor shall provide insurance and comply with all requirements as contained
herein prior to performing any services or providing any products to the City.
a. Insurance
The applicant shall furnish, pay for, and maintain during the life of the contract
with the City the following liability coverage:
1. Comprehensive General Liability Insurance on an "occurrence" basis
in an amount not less than $500,000 combined single-limit Bodily
Injury Liability and Property Damage Liability.
2. Business Automobile Liability insurance in the amount of at least
$500,000, providing Bodily Injury Liability and Property Damage
Liability.
3. Workers' Compensation Insurance applicable to its employees for
statutory coverage limits, and Employers' Liability that meets all
applicable state and federal laws.
b. Additional Insured
The City is to be specifically included as an additional insured on all liability
coverage shown in sections 1 and 2 described above.
c. Notice of Cancellation or Restriction
All policies of insurance must be endorsed to provide the City with thirty (30)
days' notice of cancellation or restriction.
d. Certificates of Insurance/Certified Copies of Policies
The applicant shall provide the City with a certificate or certificates of insurance
showing the existence of the coverage required by this Agreement. The applicant
will maintain this coverage with a current certificate or certificates of insurance
throughout the term stated in the proposal. When specifically requested by the
City in writing, the applicant will provide the City with certified copies of all
policies of insurance as required above. New certificates and new certified
copies of policies (if certified copies of policies are requested) shall be provided
to the City whenever any policy is renewed, revised, or obtained from other
insurers.
1
e. The certificates and/or certified policies shall be sent or delivered to the
Project Manager and addressed to: The address where such certificates and
certified policies shall be sent or delivered as follows:
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
f. The applicant shall defend, indemnify, save and hold the City harmless from
any and all claims, suits, judgments and liability for death, personal injury,
bodily injury, or property damage arising directly or indirectly from the
performance by the applicant, its employees, subcontractors, or assigns,
including legal fees, court costs, or other legal expenses. Applicant
acknowledges that it is solely responsible for complying with the terms of this
Agreement. In addition, the applicant shall, at its expense, secure and
provide to the City, prior to beginning performance under this Agreement,
insurance coverage as required in this Agreement.
Any party providing services or products to the City will be expected to enter to a written
agreement, contract, or purchase order with the City that incorporates, either in writing
or by reference, all of the pertinent provisions relating to insurance and insurance Any
party providing services or products to the City will be expected requirements as
contained herein. A failure to do so may, at the sole option of the City, disqualify any
bidder or proposer of services and/or products to the City.
2
l
EXHIBIT B
YWCA OF TAMPA BAY INTERPRETER PROGRAM
SCOPE OF SERVICES
The YWCA of Tampa Bay agrees to comply with the terms, conditions and
scope of the Edward Byrne Memorial Justice Assistance Grant Program,
administered by the U.S. Department of Justice, Bureau of Justice Assistance,
and will specifically comply with all Acceptance Agreement Conditions as listed in
the Grant Award and Special Conditions documents.
Program Components
1. Supervision
. Fulfill the functions of supervisor for interpreters and any volunteers or
other staff that may be connected with the program
. Maintain an on-call procedure which meets the needs of the Clearwater
Police Department (CPO), revising and improving as necessary.
. In collaboration with CPO, maintain a protocol for working with the police
and the courts, in various settings, including interviews, the scene of a
crime, and in legal proceedings, revising and improving as necessary.
2. Recruiting
. Maintain a group of approximately 12 trained interpreters, who are fluently
bilingual in Spanish and English, to act as interpreters between Spanish
speaking residents of the City of Clearwater and the police.
. In collaboration with the CPO, continue to recruit, screen, and train
interpreters, as needed.
3. Information Management
. Maintain an information management system, including reports written by
the interpreters following a call-out.
. From this information, maintain a data base of critical information,
including descriptions of the incidents, the participants, time of day, etc.,
which will be developed into a formal evaluation
4. Written Translations
. Provide qualified translators to translate written documents for CPO as
needed.
2
5. Reporting
. Provide reports to the CPO and the CEO of the YWCA as required.
I .
EXHIBIT C
YWCA OF TAMPA BAY ADVOCACY PROGRAM
SCOPE OF SERVICES
The YWCA of Tampa Bay agrees to comply with the terms, conditions and
scope of the Edward Byrne Memorial Justice Assistance Grant Program,
administered by the U.S. Department of Justice, Bureau of Justice Assistance,
and will specifically comply with all Acceptance Agreement Conditions as listed in
the Grant Award and Special Conditions documents.
Program Components
1. Outreach
. Contact individuals and organizations in the community, providing
information about the advocacy services of the YWCA of Tampa Bay
. Provide direct information to victims and potential victims of crime through
notices in Spanish speaking businesses, churches, public speaking, and
word of mouth
2. Intervention
. Provide advice and counseling with the objective of having the incident(s)
reported to the police
. Provide support and assistance during interviews, legal proceedings, and
related processes
3. Referral and Support
. Assist Hispanic victims to gain access to services that may be required by
the victim as a result of a crime, such as alternate housing, financial aid,
medical care, and services for children, as needed
. Refer the victim to agencies and services which have a Spanish speaking
capability, according to the needs of the individual
. Assist the victim in maintaining a working relationship with the police
during the process
4. Liaison with the Clearwater Police Department (CPO)
2
. Provide information to Senior Officials and Officers of CPD regarding
obstacles faced by Hispanic residents in reporting crimes and seeking
redress through the legal system
. Provide training or orientation to members of the CPD regarding the
program
. Work continuously with representatives of the CPD to improve the
awareness of Hispanic residents of the services available to them through
the legal system.
5. Public Education
. Attend meetings, give presentations, and perform other functions which
will enhance the visibility of the needs of the Hispanic community,
specifically victims of crime, and the needs of Hispanic women and girls
6. Outcomes
. The Coordinator of Hispanic Services will maintain records of activity and
case by case outcome on all of the above responsibilities. The
Coordinator will prepare a monthly report, to be reviewed by the Hispanic
Services Advisory Committee of the YWCA, and the Clearwater Police
Department.
~~
o~
City Council
Cover Memorandum
~-~
Jd-3
Tracking Number: 1,623
Actual Date: 10/20/2005
Subject 1 Recommendation:
Approve a work order with Cumbey & Fair, Inc. (EOR) for $101,269.00 to provide civil
engineering and architectural services for Fire Station 45 and Administration and authorize the
appropriate officials to execute same.
Summary:
Fire Station 45 was built in 1974. It is a two-story structure that also serves as the fire
administration office. This facility has become maintenance intensive and no longer meets the
department's needs. The remaining useful life is projected at 2 - 5 years.
Funding for this project is $3,000,000 from Penny for Pinellas distribution in 2005/06
This Work Order with Cumbey & Fair, Inc., provides for land survey, geo-technical, pre-design
architectural programming, environmental assessment, civil engineering, site planning services
and all regulatory permitting for a new Fire Station including fire administration offices at 610
Franklin Street.
Teng & Associates, Inc., an architectural firm with extensive fire station facility experience, is
the sub-consultant providing the initial architectural programming to determine the appropriate
scope of the facility to meet the needs of the City. Services include architectural, M.E.P.,
structural, fire protection, security and technology programming for the new Fire Station #45.
Originating: Fire and Rescue Department
Section Consent Agenda
Category: Construction Contracts - All Departments other than Public Works Originating
Public Hearing: No
Financial Information:
Type: Capital Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Not applicable
In Current Year Budqet?
Yes
Budget Adjustment:
No
~
_M'M",~genc!,!" Coy~r Memo!!.,.!:!..~,~,!!!,
City Council
Current Year Cost:
$101,269.00
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$101,269.00
Not to Exceed:
$0.00
Appropriation Code(s)
315-91253
Amount
$101,269.00
Com ments
Review Approval
Jamie Geer
GeorQe McKibben
09-28-2005 16:50: 11
09-30-2005 10:09: 15
10-06-2005 15:17:28
09-29-2005 08:39:05
10-03-2005 09:50:47
10-06-2005 15:36:25
09-29-2005 09:02:32
10-06-2005 15:54: 14
Tina Wilson
Garry Brumback
Michael Ouillen
Brvan Ruff
Bill Horne
Cyndie Goudeau
EEl
CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
CUMBEY & FAIR~ INC. WORK ORDER INITIATION FORM
Date: September 21,2005
Project Number:
City Project Number:
1. PROJECT TITLE: Proposed Fire Station #45 Improvements
610 Franklin Street, Clearwater, Florida
2. SCOPE OF SERVICES:
Prepare pre-design architectural programming, design and permitting.
Services for the site improvements at the existing Fire Station #45 located at 610
Franklin Street, Clearwater, Florida.
Task 1.0 - Architectural Services
It is our understanding that the City of Clearwater desires to renovate the existing
downtown Administration and Fire and Rescue facility. It is the intent of the City
to retain as much as possible of the existing Administration and Fire Station. To
meet that intent Teng & Associates is proposing an initial Programming Phase to
determine appropriate scope of the facility to meet the needs of the City. Design
and Construction Phases are assumed to begin after the submission of the
Programming document. However those services are not included in this fee
proposal.
For the Project described above, Teng & Associates, Inc. shall provide
professional services, including Architectural, M.E.P., Structural, Fire Protection,
Security and Technology programming for the renovation ofthe existing Fire
Administration and downtown Fire and Rescue facility.
Task 1.1 - Pre-Design / Programming Phase
Programming Meeting - (1) one information gathering meeting by Project
Manager and Project Designer and (1) one review meeting by Project Manager
and Project Designer with City and Fire representatives pertaining to the
programming requirements of the new renovated facilities.
Task 1.2 - Meetings
Meetings - Teng shall meet with Cumbey & Fair via teleconference and web links
to coordinate building design development documents with site documents.
Teng shall attend (1) one meeting with Cumbey & Fair, City and Fire
representatives to determine final site layout for the facilities. Attendance will be
by Project Manager and Project Designer.
Assumptions for Architectural Services
1. Construction Procurement Services are not included within the scope of
this proposal, but can be provided as an Additional Service.
2. Design Drawings and Technical Specifications shall provide technical
information only. Bidding Requirements, Contract Forms, Conditions of
the Contract or Division 1 - General Requirements are not included within
the scope of this proposal, but can be provided as an Additional Service.
3. Construction Cost Estimate is not included within the scope ofthis
proposal, but can be provided as an Additional Service.
Additional Services
Any services performed by Teng which are not identified above as Basic Services
shall be considered Additional Services. Examples of Additional Services include
but are not limited to:
. Design Development Documents.
. Construction Drawings and Technical Specifications.
. Meetings with potential construction service providers.
. Bidding or negotiation for construction procurement services.
. Construction Administration Services.
. Review of alternates proposed by potential or successful construction service
providers.
. Permit expediting.
. Value engineering.
. Meetings with Cumbey & Fair and City of Clearwater agencies not included
in the Scope of Basic Services stated above.
Task 2.0 - Design and Specifications (Civil Engineering Only)
Task 2.1 - Design Survey
. Prepare boundary and topographic survey.
Task 2.2 - 30 Percent Plans
. Prepare and discuss with the City 30 percent (30%) plans showing proposed
site plans.
Task 2.3 - 60 Percent Plans
. Prepare and discuss with the City 60 percent (60%) plans including grading,
paving and drainage plans, details, and utility plans.
Task 2.4 - 90 Percent Plans
. Prepare and discuss with the City 90 percent (90%) plans and specifications.
Task 2.5 - Construction Documents
. Prepare and discuss with the City Final Construction documents with an
Engineer's Estimate of Probable Cost for site work.
Task 2.6 - Bid Assistance
. Provide the City with bid assistance in attending a pre-bid meeting and
preparing addenda pertaining to site work.
Task 3.0 - Permitting (Civil Engineering Only)
Task 3.1 - City Development Review
. Prepare City Site Development Permit application.
Task 3.2 - Southwest Florida Water Management District
. Prepare a SWFWMD letter requesting a "no permit required" statement.
Task 3.3 - City Access Management
. Prepare and submit a City Access Management permit application for access
to Franklin Street.
Task 3.4 - Utility Connections / Coordination
. Prepare and submit FDEP General Permit Application for Drinking Water
Distribution System. Prepare and submit a FDEP wastewater collection
system permit application.
. Provide utility coordination services.
Task 3.5 - NPDES Stormwater NOI
. Prepare and submit FDEP NPDES NOI application.
Task 3.6 - City Building Department Assistance
. Provide local assistance to Architect with building department permitting.
ASSUMPTIONS FOR CIVIL ENGINEERING SERVICES:
1. Traffic Impact Study will be provided, if necessary. The requirement of the
study cannot be determined until the Architectural programming phase is
completed to quantity any increase in trips and estimate the percent increase
for study requirement thresholds. The fee will be negotiated and included
simultaneously with the Architectural Design Services fee.
2. Landscape architectural services will be provided as additional services upon
completion ofthe Architectural Programming Phase. The fee will be
negotiated and included simultaneously with the Architectural Services fee.
3. A phased site development plan will be included in the site design,
permitting, and construction plans.
4. Demolition planes) will be included in the site plans.
5. No increase in impervious area will result from the improvements.
6. Existing ingress/egress patterns will be used for the improvements.
Driveways may be improved to meet current standards, as applicable.
ADDITIONAL SERVICES
Any services performed by Cumbey & Fair which are not specifically identified in
the Basic Services, shall be considered as Additional Services. Examples of Additional
Services include, but are not limited to:
. Permit Expediting.
. Public Hearings
. Variances or Special Exceptions
. Geotechnical Investigations / Soils Engineering
. Environmental Consultant Services
. Structural engineering services (such as retaining walls, special drainage
structures i.e. box culverts, etc.)
. Permit Fees to be paid by the Client
. Subsurface Utilities
3. PROJECT GOALS:
Provide pre-design Architectural services and design / permitting engineering
servIces.
4. BUDGET:
This price includes all labor and expenses anticipated to be incurred by Cumbey
& Fair, Inc. for the completion ofthese tasks, on a lump sum basis, for a fee
described in Attachment A.
5. SCHEDULE:
The project is to be completed within 12 months from issuance of notice- to-proceed.
6. STAFF ASSIGNMENT (Consultant):
Cumbey & Fair, Inc. Project Manager: Timothy E. Bourne, P .E.
City of Clearwater Project Manager: Glen Bahnick, Jr.
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER's project correspondence shall be directed to Timothy E. Bourne, P.E. All
City project correspondence shall be directed to with copies to others as may be
appropriate.
8. INVOICINGIFUNDING PROCEDURES:
Invoices shall be submitted monthly to Marty Pages, 100 S. Myrtle Ave., #220,
Clearwater, Florida 33756-5520 or P. O. Box 4748, Clearwater, Florida 33758-4748, for
work performed. Invoices will be prepared monthly. Contingency services will be billed
as incurred only after written authorization provided by the City to proceed with those
servIces.
City Invoicing Code:
9. ENGINEER CERTIFICATION:
Cumbey & Fair, Inc. will certify as a licensed Professional Engineer, registered in
accordance with Florida Statute 472, that the above Plans and Specifications meet or exceed
all applicable criteria specified by City municipal ordinance, State, and Federal established
standards. We understand that it is our responsibility as the project's Professional Engineer
to perform a quality assurance review of these submitted plans to ensure that such plans are
free from errors and/or omissions.
This certification shall apply equally to any further revision and/or submittal of plans,
computations, or other project documents, which we may subsequently tender.
10. SPECIAL CONSIDERATIONS:
PREPARED BY:
APPROVED BY:
Timothy E. Bourne, P.E.
Vice President /
Cumbey & Fair, Inc.
Michael D. Quillen, P.E.
City Engineer
City of Clearwater
Date
Date
Z:~n\0445\Clearwater'IFS 45\WO-form 090805.doc
ATTACHMENT A
CITY OF CLEARWATER
Proposed Fire Training Facilities at Fire Station #45
PROJECT BUDGET
CUMBEY & FAIR. INC.
Subconsultant
Task Descriotion Services Labor Total
1.0 Architectural Pre-Desi2n Services
1.1 Programming Phase $21,600.00 $1,520.00
1.2 Meetings $5,400.00 $2,150.00
1.3 Task Allowance (10%) $3,067.00
$33,737.00
2.0 Desil!n and Soecifications (Civil Enl!ineerinl! OnM
2.1 Survev $9,200.00
2.2 30% Submittal $9,800.00
2.3 60% Submittal $9,800.00
2.4 90% Submittal $7,900.00
2.5 Final Construction Documents $6,500.00
2.6 Bid Assistance $2,580.00
2.7 Task Allowance (10%) $4,928.00
$50,708.00
3.0 Permittiol! Services (Civil Eneineerioe Only)
3.1 City Develooment Review $4,400.00
3.2 Southwest Florida Water Management District $0.00
3.3 Countv Access Management $1,840.00
3.4 Utilitv Connections $3,000.00
3.5 NPDES Stormwater NOI $820.00
3.6 City Building Deoartment Assistance $1,080.00
3.7 Task Allowance (10%) $1,184.00
$12,324.00
Subtotal, Labor and Subcontractors $27,000.00 $69,769.00 $96,769.00
Other Direct Costs (prints, photocopies, postage, etc) $3,000.00 $1,500.00 $4,500.00
Grand Total $30,000.00 $71,269.00 $101,269.00
,
CITY OF CLEAR\VATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
ATTACHMENT "B"
DELIVERABLES
The design plans shall be produced on stable-based mylar or vellum material, 24" x 36"
at a scale of I" = 20' unless approved otherwise. Upon request, the consultant shall deliver
all drawing files in digital format with all project data in Land Development Desktop (LDD)
RI or R2 format, including all associated dependent files. When LDD is not available, upon
approval by the City of Clearwater Project Manager, a standard ASCII file can be delivered
with all associated drawing and dependent files. The ASCII file shall be a comma or space
delimited containing code, point number, northing, easting, elevation and description for
each data point. Example below space delimited ASCII file:
POINT # NORTHING EASTING ELEV
284 1361003.838 264286.635 25.00
or comma delimited ASCII file:
284,1361003.838,264286.635,25.00, BeV (PNEZD)
An AutoCAD Release Fourteen (14) drawing or later drawing file shall be submitted.
NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are
used the consultant shall include all necessary information to aid in manipulating the
drawings including either PCP, CTB file or pen schedule for plotting. The drawing file
shall include only authorized fonts, shapes, line types or other attributes contained in
the standard AutoDesk, Inc. release. All block references and references contained
within the drawing file shall be included. Please address any questions regarding format
to Mr. Tom Mahony, at (727) 562-4762 or email addresstmahony@clearwater-fl.com
DESC
BCV
atet
City Council
Cf\-l
I ~./
_,~"~"".."..,...",.".,~~enf!.!"~~ove!~,M!~~I!~t~,m __,~...,.,..<<.",.,<<,~_"<<~~,.,,"<<~~......<<,.".,.~,.....,,",,,,".,.<<~...,,,~=_~,,,,_
Tracking Number: 1,653
Actual Date: 10/20/2005
Subject / Recommendation:
Approve a Settlement Agreement regarding National Advertising Co. v. City of Clearwater,
Circuit Court Case No. 00-003844-CI-11, consolidated with Lamar Whiteco Outdoor Corp. v. City
of Clearwater, Consolidated Circuit Court Case No. 00-001939-CI-20.
Summary:
National Advertising and Lamar Whiteco filed suit in 2000 against the City of Clearwater
regarding billboards located on Gulf-to-Bay Boulevard and Belcher Road. Plaintiffs sought
declaratory and injunctive relief, compensation and damages, invalidation of portions of the
Community Development Code and incorporated Ordinances, a declaration that the billboards
are valid nonconforming uses and that Plaintiffs have vested rights in them, and attorneys' fees
and costs. During the course of the litigation, several of the subject billboards have been
removed by the property owners due to redevelopment of the subject parcels; there are five
remaining billboards. The billboards have been found to be in violation of the sign code by the
Municipal Code Enforcement Board, but no fines were imposed by the Board and appeals of
those findings to Circuit Court have been stayed pending the outcome of this litigation. The
National case previously went to mediation without settlement. Mediation was recently ordered
in the now-consolidated Lamar case; during the course of the mediation, a proposal was
discussed which would settle both cases contingent upon City Council approval. The proposal
would over time achieve the City's goal of achieving compliance with its sign code with regard to
the billboards. Specifically: the five billboards would be removed one apiece at the one-, seven-,
eight-, nine-, and ten-year points following execution of the agreement; the City would "sign off"
with FDOT regarding those billboards located on Federal Aid Primary highway segments; and the
Municipal Code Enforcement Board proceedings would be dismissed by the City and,
correspondingly, the Circuit Court appeals would be dismissed by National/Lamar. Provisions
regarding relocation of the billboards on the same parcels in the event that redevelopment over
the billboard location occurred on those parcels within the removal time limit were still under
discussion at agenda deadline time.
Originating: City Attorney
Section Consent Agenda
Category: Other
Public Hearing: No
Bid Exceptions:
Other
Financial Information:
~ Other
Bid Required? No
Other Contract?
Settlement Agreement
~h!
u~ ~,..,=,~~~nda <;Q~!!r Memo,~,!!I!,~,~,!!!~_".,'~,~_,~~""m"~"'m"_m'"mm_
City Council
In Current Year Budget?
Yes
Budget Adiustment:
No
Review Approval
Leslie Douaall-Sides
09-28-2005 13:48:07
Cvndie Goudeau
10-06-2005 16:58:02
Leslie Douaall-Sides
10-06-2005 16:38:53
Pam Akin
10-06-2005 16:42: 11
\4:.?:.. cJ=\', t'(
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SETTLEMENT AGREEMENT
THIS AGREEMENT, made as of the
day of October, 2005, by and between THE
CITY OF CLEARWATER, FLORIDA ("City") and NATIONAL ADVERTISING COMPANY,
d/b/a VIACOM, a Delaware corporation ("Viacom").
WIT N E SSE T H:
WHEREAS, Viae om is engaged in the business of constructing and operating off-site
billboards; and
WHEREAS, Viacom owns and operate five (5) billboards (the "Billboards") located on
Gulf-to-Bay Boulevard (State Road 60) within the City, the Billboards and their locations being
described in Exhibit A hereto; and
WHEREAS, in 2000, the City initiated code enforcement proceedings as to the
Billboards, seeking to require removal of same, the code enforcement proceedings being
described in Exhibit B hereto; and
WHEREAS, certain Appeals were taken from Orders entered by the Code Enforcement
Board proceedings, said Appeals being described in Exhibit C hereto (the "Appeals"); and
WHEREAS, the Appeals have been stayed pursuant to agreement of the parties pending
the outcome of the Lawsuits described hereinbelow; and
WHEREAS, Viacom is the Plaintiff in two (2) Lawsuits (the "Lawsuits"), as to the
Billboards challenging the validity, constitutionality and enforceability of the City's Sign Code
and the code enforcement actions, said Lawsuits being described in Exhibit D hereto; and
WHEREAS, the City believes that Viacom's claims are not valid, believes that there are
valid defenses to Viacom's claims and contests Viacom's claims; and
WHEREAS, administrative proceedings have occurred between Viacom and the Florida
FTL:l 541 681 : 1
1
Department of Transportation ("FDOT") concerning certain of the Billboards, resulting in an
Order dated , a copy of which is attached hereto as Exhibit E; and
WHEREAS, the parties desire to settle the Lawsuits, the related code enforcement
actions, the appeals, and to resolve all disputes between them concerning the Billboards, whether
or not asserted in the Lawsuits.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, together with other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
I. Recitals.
The recitals set forth above are true and correct and are incorporated herein by
reference.
II. Definitions.
As used in this Agreement, the following words and phrases shall have the
following meanings:
"Billboard": A Billboard Structure and any and all attached Billboard Faces and
Em bellishments.
"Billboard Face": The part of a Billboard, all Sign faces and automatic
changeable faces, including trim and background, which contains the message or informative
contents, excluding Embellishments, which are displayed at the same location and facing the
same direction.
FTL:l 541 681: 1
2
"Billboard Structure": The interrelated parts and materials of a Billboard, such as
beams, poles, and stringers, which are constructed for the purpose of supporting or displaying a
message or informative contents.
"Effective Date": The date upon which this Agreement is fully executed by all
parties hereto.
"Embellishment": A temporary extension of the Billboard Face which contains a
portion of the message or informative contents, and which is added, modified, or removed when
the message is changed. The embellishment shall be no greater than 15% of the Billboard Face
on which the embellishment is located.
"Federal-Aid Primary Highway" or "FAP Highway" or "FAP": The highways
that were part of the Federal-Aid Primary Highway System in existence on June 1, 1991, and any
. highway which was not on such system but which is, or hereafter becomes, a part of the National
Highway System. The parties stipulate that the portion of Gulf-to-Bay Boulevard within the City
east of U.S. 19 is a Federal-Aid Primary Highway.
"Physically Removed": A Billboard shall be deemed physically removed if the
Billboard Structure is permanently removed twelve (12) inches below grade.
"Relocated Billboard": A Billboard which is relocated and re-constructed
pursuant to the terms of this Agreement.
"Relocation Permit": A permit issued by the City to Viacom memorializing
Viacom's vested right to construct a Relocated Billboard subject to the terms and conditions of
this Agreement.
"Term of this Agreement": The time period commencing on the Effective Date of
this Agreement and ending ten (10) years thereafter.
FTL:1541681:1
3
"Termination": The tenth (loth) anniversary of the Effective Date.
III. Removal of Billboards:
The Billboards shall be physically removed by Viacom in accordance with the
following schedule:
A. One Billboard shall be physically removed on or before the first (15t)
anniversary of the Effective Date.
B. One Billboard shall be physically removed on or before the seventh (7th)
anniversary of the Effective Date.
C. One Billboard shall be physically removed on or before the eighth (8th)
anniversary of the Effective Date.
D. One Billboard shall be physically removed on or before the ninth (9th)
anniversary of the Effective Date.
E. The final Billboard shall be physically removed on or before the
Termination Date.
IV. Maintenance. Repair and Reconstruction of Billboards:
During the period that the Billboards are allowed to remain, as defined in Article
III above, Viacom shall be entitled to maintain, repair and reconstruct each Billboard as
necessary. The City shall issue appropriate permits for said maintenance, repairs and/or
reconstruction.
V. Relocation of Billboards:
If, during the period that the Billboards are allowed to remain, as defined in
Article III above, the owner of the property for which a Billboard is located decides to develop or
redevelop the property and desires that Viacom shall relocate said Billboard, Viacom shall be
FTL:1541681 :1
4
entitled to relocate the Billboard on the owner's property in order to accommodate the
development or redevelopment. The City shall issue appropriate permits for said relocation. The
relocated Billboard shall satisfy the setbacks in effect at the time of relocation.
VI. No Requirements to Remove Billboards:
During the term of this Agreement, the City shall not impose upon an owner of
property upon which a Billboard is located, any requirement that a Billboard shall be removed or
for the property owner to develop or redevelop its property. As noted above, the Billboard shall
be entitled to remain during the term of this Agreement, even if the property upon which it is
located is developed or redeveloped.
VII. Florida Department of Transportation Approval:
The parties agree that signs 3, 4, and 5 on Exhibit A hereto are located on an FAP
Highway and are subject to regulation by the Florida Department of Transportation ("FDOT")
under Chapter 479, Fla. Stat. The City shall send a letter to FDOT indicating that said Billboards
are permitted uses during the term of this Agreement, in substantially the form attached hereto as
Exhibit F. Further, the City shall execute or issue any permit applications or other documents
required by FDOT as a condition of FDOT issuing state permits for the said Billboards.
VIII. Viacom may make application with the City for issuance of the location permit, in
accordance with this Agreement. The City thereupon shall issue to Viacom a relocation permit,
but the issuance of the relocation permit shall not waive or otherwise excuse Viacom from
complying with the requirements of any electrical or structural building codes, and rules and
regulations of general application in effect at the time a building or electrical permit application
is filed in connection with the rebuilding of a relocated Billboard. Furthermore, the procedures
followed by the City and any fees that will be charged with respect to the construction of a
FTL:1541681 :1
5
relocated Billboard shall be nondiscriminatory and the procedure and fees charged for equivalent
structures. The County shall not in any event apply any procedure or fee that would impair
Viacom in the exercise of its vested rights under this Agreement. Appropriate City building
permits and state sign permits must be obtained prior to construction and relocated Billboards
pursuant to this Agreement.
IX. Vested Rights and Future Regulations:
During the term of this Agreement, the parties agree and acknowledge that
Viacom, by the execution of this Agreement and the assumption of the obligations set forth
herein, has acquired vested rights to operate, maintain, reconstruct and relocate the Billboards in
accordance with the terms and conditions of this Agreement. It is the intent of the parties that
this Agreement, and Viacom' s significant reliance and substantial change in position based upon
the terms contained herein, creates vested rights in Viacom for the term of this Agreement,
which vested rights have substantial economic value and which shall be recognized in the
existing and subsequent regulation affecting the Billboards as may then exist. For the term of
this Agreement, the City agrees that it shall not take any official action, including, but not limited
to, administrative or enforcement actions, or enact any ordinance or regulation that is
inconsistent with, or otherwise deprives Viacom of its vested rights under this Agreement.
Specifically, without limitation, the City shall not, during the term of this Agreement:
A. Require submission of development of a property on which a Billboard is
located, the removal of relocated structure or a Billboard listed in Exhibit A; or
B. Enact an amortization or other removal provision affecting the Billboards.
FTL:1541681:1
6
X. Release and Waiver:
The City hereby releases and forever discharges Viacom, its agents and
employees, from any and all claims, actions, causes of action, damages and costs arising out of
violations, alleged or actual, of the City's Sign Code, which had been brought, or might have
been brought, as of the time of this Agreement. Viacom, on behalf of itself and its subsidiaries
and affiliated corporations and entities, hereby releases and discharges the City, its officers,
elected officials, agents and employees, from any and all claims, actions, causes of action,
damages and costs arising out of the City's Sign Code, including but not limited to violations,
alleged or actual, of the City's Sign Code. Except as provided by this Agreement, Viacom, on
behalf of itself and its subsidiaries and affiliated corporations and entities, specifically waives all
rights to challenge the validity, constitutionality or enforceability of the City's Sign Code, as
amended; provided, however, that the City and Viacom shall not be deemed to have waived or
abandoned any right to bring an action to enforce the terms, conditions and limitations of this
Agreement, and further provided that the City and Viacom have not waived or abandoned, nor
shall be deemed to have waived or abandoned, any right after expiration of the Termination
Date, to assert any claim, action, cause of action, damages or costs, arising out of or related to
the enactment, enforceability, validity or constitutionality of the City's Sign Code, or a
subsequent regulation pertaining to the same subject matter, as they may then exist.
XI. Notices:
All notices and other communications required or permitted to be given hereunder
shall be in writing and shall be mailed by certified or registered mail, postage prepaid, or by
Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows:
FTL:l 541 681 : 1
7
FTL:1541681 :1
If to City:
City of Clearwater
Clearwater, FL
Att: City Manager
L-)
With Copies To:
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758
Attn: Leslie Dougall-Sides, Esq.
(727) 562-4010
and
Rogers, Towers, Bailey, Jones & Gay
1301 Riverplace Boulevard
Jacksonville, Florida 32207
Attn: William D. Brinton, Esq.
(904) 346-5537
If to Viacom:
Viacom Outdoor, Inc.
6904 Cypress Park Drive
Tampa, Florida 33634
Attn: Joe Little
(813) 888-5541
With Copies To:
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Post Office Box 1900
Fort Lauderdale, FL 33302
Attn: Glenn N. Smith, Esq.
(954) 527-2466
and
8
Viacom Outdoor
405 Lexington Avenue
17th Floor
New York, New York 10174
Attn: Amy Berlin, Esq.
(212) 297-6507
XII. Further Representations and Warranties:
Viacom hereby represents and warrants that (a) National Advertising Company is
a corporation is good standing under the laws of the State of Delaware; (b) National Advertising
Company is duly authorized to transact business in the State of Florida; (c) National Advertising
Company has taken all corporate actions necessary to authorize this Agreement. The City
hereby represents and warrants to Viacom that: (a) the City is empowered to enter into this
Agreement; (b) this Agreement has been duly authorized by the City Council of the City
pursuant to the requirements of Florida Law as of the Effective Date.
XIII. Enforcement:
In the event of a default under this Agreement, and as a condition of any party
exercising any enforcement remedies, the non-defaulting party shall provide written notice of
such default to the defaulting party. The defaulting party shall have ninety (90) days to cure such
default. If the defaulting party fails to cure within ninety (90) days, then the non-defaulting party
shall be entitled to seek the remedies of specific performance and injunctive relief and shall be
entitled to an Order of the Court to enforce this Agreement and other equitable relief as the Court
may deem just. Each party shall bear its own attorneys' fees and costs, whether incurred during
negotiations, preparation, at trial, or upon appeal. If Viacom fails to remove a Billboard by one
of the deadlines set forth in Article III above, and after due notice pursuant to this Section fails to
cure said default, then the City shall be entitled to recover from Viacom the sum of $200 for each
day subsequent to the deadline that such Billboard is not physically removed. The parties agree
FTL:1541681:1
-9
that the intent of this additional remedy is to provide a disincentive to any breach of the
mandatory removal provisions of this Agreement.
XIV. Entire Agreement:
This is the entire Agreement by and between the City and Viacom, and no verbal
or written assurances or promises by any party hereto is effective or binding unless included in
this document, or a written supplemental agreement has been signed by all parties to this
Agreement.
XV. Binding: Effect:
The parties agree that this Agreement shall be binding upon the City and Viacom,
its subsidiaries, affiliates, successors and assigns. Further, the parties agree that they will not
challenge the adoption of, or the validity, constitutionality, or enforceability of any of the
provisions contained within this Agreement. Viacom agrees to not transfer or otherwise convey
any ownership interest in any of the Billboards, unless the transferee shall execute and deliver to
the City an agreement to be bound by the terms and conditions of this Agreement, which
agreement shall be in substantially the form attached hereto as Exhibit _'
XVI. Stipulated Final Judgment:
Within 5 days following the Effective Date of this Agreement, Viacom and the
City shall file a Joint Motion in the form attached as Exhibit _ for the Court's approval of this
Agreement and for the entry of a Stipulated Final Judgment in the Litigation.
XVII. Third Party Challenge:
In the event this Agreement is invalidated by a third party, the parties hereto shall
then be returned to their respective legal positions as existed on the Effective Date.
FTL:1541681:1
10....._...
XVIII. Compromise of Disputed Claims:
The parties acknowledge that this Agreement is a compromise resolution of disputed
claims and agree that it shall never be treated as an admission or evidence of liability by any of
them for any purpose whatsoever.
IN WITNESSETH WHEREOF, the parties hereto have caused IS Agreement to be
executed by their undersigned officials as duly authorized.
NATIONAL ADVERTISING COMPANY
By:
Print Name:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , the of National
Advertising Company, a Delaware corporation, freely and voluntarily under authority duly
vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of
said corporation. He/she is personally known to me or who has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2005.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
FTL:1541681:1
11
CITY OF CLEAR WATER, FLORIDA
By:
Print Name:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , the of THE CITY
OF CLEARWATER, FLORIDA, freely and voluntarily under authority duly vested in himlher
by said corporation and that the seal affixed thereto is the true corporate seal of said corporation.
He/she is personally known to me or who has produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2005.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
FTL:1541681 :1
12
EXHIBIT A
Billboards
West ofD.S. 19:
1. 523 Belcher Road 1
2. 2266 Gulf-to-Bay Boulevard
East ofD.S. 19:
3. 2779 Gulf-to-Bay Boulevard (Willowick)
4. 2800 Gulf-to-Bay Boulevard (Hooters)
5. 2882 Gulf-to-Bay Boulevard (Lamar)
The parties have agreed that this Billboard shall be removed on the first anniversary of the Effective Date.
Viacom shall have the discretion to determine which of the other Signs will be removed on the remaining deadlines.
FTL: 1542349: 1
.~'. ~\\ - t'1-
\ZQ.'\~"\
SETTLEMENT AGREEMENT
THIS AGREEMENT, made as of the
day of OctoberNovember, 2005, by and
bet?leenamOnrr THE CITY OF CLEARWATER, FLORIDA ("City") and NATIONAL
ADVERTISING COMPANY, d/b/a VIt~COMa Delaware corooration ("National"). and its
parent COffioanv. VIA COM OUTDOOR. INC., a Delaware corporation ("Viacom Outdoor").
WIT N E SSE T H:
"WHEREAS, Viacom is engaged in tho business of constructing and operating off site
billboards; and
WHEREAS. National is a whollv-owned subsidiarY of Via com Outdoor:
WHEREAS, ViacomNational owns and operate five (5) billboards (the "Billboards")
located efl~ Gulf-to-Bay Boulevard (State Road 60) within the City, with the Billboards and
their locations being described in Exhibit A hereto; and
WHEREAS, in 2000, the City initiated code enforcement proceedings as to the
Billboards, seeking to require the removal of same, the code enforcement proceedings being
described in Exhibit B hereto; and
WHEREAS, certain Appeals were taken from Orders entered by the Code Enforcement
Board proceedings, said Appeals being described in Exhibit C hereto (the "CEB Appeals"); and
WHEREAS, the CEB Appeals have been stayed pursuant to agreement of the parties
pending the outcome ofthe two (2) Lawsuits described hereinbelow; and
WHEREAS, ViacomNational is the Plaintiff in two (2) Lawsuits (the "Lawsuits"), as to
the Billboards challenging the validity, constitutionality and enforceability of the City's Sign
Code Land the code enforcement actionsll, said Lawsuits being described in Exhibit D hereto;
and
WHEREAS, the City believes that ViacomNational's claims are not valid, believes that
there are valid defenses to ViacornNational's claims and contests ViacomNational's claims; and
WHEREAS, administrative proceedings have occurred between ViacomNational and the
Florida Department of Transportation ("FDOT") concerning certain of the Billboards, resulting
in an Order dated ,a Final Order dated June 30, 2000. a CODV of which is
attached hereto as Exhibit E-l. and an Order Staving Removal of Outdoor Advertising Signs
dated Julv 6.2000. a copy of which is attached hereto as Exhibit E-2; and
WHEREAS, the parties desire to settle the Lawsuits, the related code enforcement
actions, the appeals, and to resolve all disputes between them concerning the Billboards, whether
or not asserted in the Lawsuits.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, together with other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
I. Recitals.
The recitals set forth above are true and correct and are incorporated herein by
reference.
II. Definitions.
As used in this Agreement, the following words and phrases shall have the
following meanings:
"Billboard"; A Billboard Structure and any and all attached Billboard Faces and
Embellishments.
"Billboard Face": The part of a Billboard, all SIgn faces and automatic
changeable fnces, including trim and background, which contains the message or infornlative
-2-
contents, excluding Embellishments, which are displayed at the same location and facing the
same direction.
-3-
"Billboard Structure": The interrelated parts and materials of a Billboard, such as
beams, poles, and stringers, which are constructed for the purpose of supporting or displaying a
message or informative contents.
"Effective Date": The date upon which this Agreement is fully executed by all
parties hereto.
"Embellishment": A temporary extension of the Billboard Face which contains a
portion of the message or informative contents, and which is added, modified, or removed when
the message is changed. The embellishment shall be no greater than 15% of the Billboard Face
on which the embellishment is located.
"Federal-Aid Primary Highway" or "FAP Highway" or "FAP": The highways
that were part of the Federal-Aid Primary Highway System in existence on June 1, 1991, and any
highway which was not on such system but which is, or hereafter becomes, a part of the National
Highway System. The parties stipulate that the portion of Gulf-to- Bay Boulevard within the City
east ofD.S. 19 is oresentlv a Federal-Aid Primary Highway.
"Physically Removed": A Billboard shall be deemed physically removed if the
Billboard Structure is permanently removed twelve (12) inches below grade.
"Relocated Billboard": A Billboard which is relocated and re-constructed
pursuant to the terms of this Agreement.
"Relocation Permit": A permit issued by the City to ViacomNational
memorializing ViacomNational's vested right to construct a Relocated Billboard on the same
Darcel for a neriod of time that is no longer than the Term of this Allreement and further subject
to the terms and conditions of this Agreement.
"Term of this Agreement": The time period commencing on the Effective Date of
-4-
this Agreement and ending ten (10) years thereafter.
"Termination": The tenth (10th) anniversary of the Effective Date.
III. Removal of Billboards:
The Billboards shall be physically removed by ViucomNational in accordance
with the following schedule:
A. One Billboard shall be physically removed on or before the first (l~
anniversary of the Effective Date. . 2006.
B. One Billboard shall be physically removed on or before the seventh (7th)
anniversary ofthe Effective Date.
C. One Billboard shall be physically removed on or before the eighth (8th)
anniversary of the Effective Date.
D. One Billboard shall be physically removed on or before the ninth (9th)
anniversary of the Effective Date.
E. The final Billboard shall be physically removed on or before the
Termination Date.
IV. Maintenance, Repair and Reconstruction of Billboards:
During the period that the Billboards are allowed to remain, as defined in Article
III above, ViacomNational shall be entitled to maintain, repair and reconstruct each Billboard as
necessary, subiect to anv reauirements established bv the Florida Buildinl! Code. state law, and
state regulation. The City shall issue appropriate permits for said maintenance, repairs and/or
reconstruction: subiect to the forelloinll laws and regulations. Anv maintenance. reoair. or
reconstruction shall not increase the size or heiRht of any Billboard.
V. Relocation of Billboards:
-5-
If, during the period that the Billboards are allowed to remain, as defined in
Article III above, the owner of the propertyoarcel for which a Billboard is located decides to
develop or redevelop the propertyoarcel and desires that Viae om shallNational relocate said
Billboard, ViacomNational shall be entitled to relocate and reconstruct the Billboard on the
o'.:vner's propertysaid Darcel in order to accommodate the development or redevelopment. The
City shall issue appropriate permits for said relocation and reconstruction of the Billboard on
said Darcel. The relocated and reconstruction of the Billboard shall satisfy the setbacks for
freestandillll sign structures in effect at the time of relocation. Anv relocation and reconstruction
of the Billboard shall not increase the size or height of the Billboard.
VI. No Requirements to Remove Billboards:
During the term of this Agreement, the City shall not impose upon an owner of
propcrtya Darcel upon which a Billboard is located, any requirement that a Billboard shall be
removed or for the property owner to develop or redevelop its property. . As noted above, the
Billboard shall be entitled to remain during the term of this f~grccmentonlv for such limited
Deriod of time as orovided in the removal schedule described in Article III above, even if the
property upon which it is located is developed or redeveloped.
VII. Florida Department of Transportation Approval:
The parties agree that signs 3, 4, and 5 on Exhibit A hereto are currentlv located
on an FAP Highway and are subject to regulation by the Florida Department of Transportation
("FDOT") under Chapter 479, Fla. Stat. The City shall send a letter to FDOT indicating that~
virtue of this Settlement Allreement onlv. said Billboards areshall be deemed permitted
nonconforming uses. but onlv during the tenn oftrus Agreement,oeriod of the removal schedule
set forth in Article III above. Such letter shall be in substantially the fonn attached hereto as
-6-
Exhibit F. Further, the City shall execute or issue any permit applications or other documents
required by FDOT as a condition of FDOT issuing state permits for the said Billboards.
VIII. Via<:omNational may make application with the City for issuance of the
locationrelocation permit, in accordance with this Agreement: however. notwithstanding:
anvthing: herein to the contrary. a relocated Billboard shall be subiect to the same removal
schedule established in Article III. The City thereupon shall issue to ViacomNational a
relocation permit, but the issuance of the relocation permit shall not waive or otherwise excuse
ViacomNational from complying with the requirements of any electrical or structural building
codes (including: the Florida Buildimr Code), and rules and regulations of general application in
effect at the time a building or electrical permit application is filed in connection with the
rebuilding of a relocated Billboard. Furthermore, the procedures followed by the City and any
fees that will be charged with respect to the construction of a relocated Billboard shall be
nondiscriminatory and the procedure and fees charged for equivalent structures. The County
shall not in any event apply any procedure or fee that would impair ViucomNational in the
exercise of its vested rights under this Agreement. Appropriate City building permits and state
sign permits must be obtained prior to construction and relocated Billboards pursuant to this
Agreement.
IX. Vested Rights and Future Regulations:
During the term of this Agreement, the parties agree and acknowledge that
ViacomNational, by the execution of this Agreement and the assumption of the obligations set
forth herein, has acquired vested rights to operate, maintain, reconstruct and relocate the
Billboards in accordance with the terms and conditions of this Agreement. It is the intent of the
parties that this Agreement, and ViucomNational's significant reliance and substantial change in
-7-
position based upon the terms contained herein, creates vested rights in ViacomNational for the
term of this Agreement, which vested rights have substantial economic value and which shall be
recognized in the existing and subsequent regulation affecting the Billboards as may then exist.
For the term of this Agreement, the City agrees that it shall not. take any official action,
including, but not limited to, administrative or enforcement actions, or enact any ordinance or
regulation that is inconsistent with, or otherwise deprives YiacomNational of its vested rights
under this Agreement. Specifically, without limitation, the City shall not, during the term of this
Agreement:
A. Require submission of development of a property on which a Billboard is
located, the removal of relocated structure or a Billboard listed in Exhibit A; or
B. Enact an amortization or other removal provision affecting the Billboards.
-8-
X. Release and Waiver:
The City hereby releases and forever discharges ViaeomNational, its agents and
employees, from any and all claims, actions, causes of action, damages and costs arising out of
violations, alleged or actual, of the City's Sign Code, which had been brought, or might have
been brought, as of the time of this Agreement. National and Viacom Outdoor, on behalf of
itselfthemselves and itstheir subsidiaries and affIliated corporations and entities, hereby
releasesrelease and dischurgesdischarge the City, its officers, elected officials, agents and
employees, from any and all claims, actions, causes of action, damages and costs arising out of
the City's Sign Code, including but not limited to violations, alleged or actual, of the City's Sign
Code. Except as provided by this Agreement, National and Viacom. Outdoor, on behalf of
itselfthemselves and itstheir subsidiaries and affiliated corporations and entities, specifically
waiveswaive all rights to challenge the validity, constitutionality or enforceability of the City's
Sign Code, as amended; provided, however, that the City and ViacomNational shall not be
deemed to have waived or abandoned any right to bring an action to enforce the terms,
conditions and limitations of this Agreement, and further provided that the City and
ViacomNational have not waived or abandoned, nor shall be deemed to have waived or
abandoned, any right after expiration of the Termination Date, to assert any claim, action, cause
of action, damages or costs, arising out of or related to the enactment, enforceability, validity or
constitutionality of the City's Sign Code, or a subsequent regulation pertaining to the same
subject matter, as they may then exist.
XI. Notices:
-9-
All notices and other communications required or permitted to be given hereunder
shall be in writing and shall be mailed by certified or registered mail, postage prepaid, or by
Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows:
-10-
If to City:
City of Clearwater
Clearwater, FL
MAttn: City Manager
LJ
With Copies To:
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758
Attn: Leslie Dougall~Sides, Esq.
(727) 562-4010
and
Rogers, Towers, Bailey, Jones & GayU
1301 Riverplace Boulevard. Suite 1500
Jacksonville, Florida 32207
Attn: William D. Brinton, Esq.
(904) 316 5537398-3911
If to Viacom:National:
National Advertisim! Comoanv
c/o Viacom Outdoor, Inc.
6904 Cypress Park Drive
Tampa, Florida 33634
Attn: Joe Little
(813) 888-5541
With Copies To:
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Post Office Box 1900
Fort Lauderdale, FL 33302
Attn: Glenn N. Smith, Esq.
(954) 527-2466
and
-11-
Viacom Outdoor. Inc.
405 Lexington Avenue
17th Floor
New York, New York 10174
Attn: Amy Berlin, Esq.
(212) 297-6507
XII. Further Representations and Warranties:
National and Viacom Outdoor hereby represents and warrants that (a) National
Advertising Company is a corporation isand Viacom Outdoor. Inc. are each comorations in good
standing under the laws of the State of Delaware; (b) National Advertising Company !sand
Viacom Outdoor. Inc. are each duly authorized to transact business in the State of Florida; ( c)
National Advertising Company hasand Viacom Outdoor. Inc. have taken all corporate actions
necessary to authorize this Agreement. The City hereby represents and warrants to National and
Viacom Outdoor that: (a) the City is empowered to enter into this Agreement; (b) this
Agreement has been duly authorized by the City Council of the City pursuant to the requirements
of Florida Law as of the Effective Date.
XIII. Enforcement:
In the event of a default under this Agreement, and as a condition of any party
exercising any enforcement remedies, the non-defaulting party shall provide written notice of
such default to the defaulting party. The defaulting party shall have ninety (90) days to cure such
default. If the defaulting party fails to cure within ninety (90) days, then the non-defaulting party
shall be entitled to seek the remedies of specific perfonnance and injunctive relief and shall be
entitled to an Order of the Court to enforce this Agreement and other equitable relief as the Court
may deem just. Each party shall bear its own attorneys' fees and costs, whether incurred during
negotiations, preparation, at trial, or upon appeal. If ViacomNational fails to remove a Billboard
by one of the deadlines set forth in Article III above, and after due notice pursuant to this Section
-12-
fails to cure said default, then the City shall be entitled to recover from National and Viacom
Outdoor. iointlv and severallv. the sum of $WQ for each day subsequent to the deadline
that such Billboard is not physically removed. The parties agree that the intent of this additional
remedy is to provide a disincentive to any breach of the mandatory removal provisions of this
Agreement.
XIV. Entire Agreement:
This is the entire Agreement by and between the City. National and Viacom
Outdoor, and no verbal or written assurances or promises by any party hereto is effective or
binding unless included in this document, or a written supplemental agreement has been signed
by all parties to this Agreement.
XV. Binding Effect:
The parties agree that this Agreement shall be binding upon the City. National and
Viacom.,.its Outdoor. and their subsidiaries, affiliates, successors and assigns. Further, the
parties agree that they will not challenge the adoption of, or the validity, constitutionality, or
enforceability of any of the provisions contained within this Agreement. ViacomNational agrees
to not transfer or otherwise convey any ownership interest in any of the Billboards, unless the
transferee shall execute and deliver to the City an agreement to be bound by the terms and
conditions of this Agreement, which agreement shall be in substantially the form attached hereto
as Exhibit
XVI. Stipulated Final Judgment:
Within 5 days following the Effective Date of this Agreement, ViacomNational
and the City shall file a Joint Motion in the form attached as Exhibit _ for the Court's approval
of this Agreement and for the entry of a Stipulated Final Judgment in the Litigation.
-13-
XVII. Third Party Challen~e:
In the event this Agreement is invalidated by a third party, the parties hereto shall
then be returned to their respective legal positions as existed on the Effective Date.
-14-
XVIII. Compromise of Disputed Claims:
The parties acknowledge that this Agreement is a compromise resolution of disputed
claims and agree that it shall never be treated as an admission or evidence of liability by any of
them for any purpose whatsoever.
IN WTINESSETH WHEREOF, the parties hereto have caused is Agreement to be
executed by their undersigned officials as duly authorized.
-15-
NATIONAL ADVERTISING COMPANY
By:
Print Name:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the C01.mty aforesaid to take acknowledgments, the foregoing instnunent was
acknowledged before me by , the of National
Advertising Company, a Delaware corporation, freely and voluntarily under authority duly
vested in himlher by said corporation and that the seal affixed thereto is the true corporate seal of
said corporation. He/she is personally mown to me or who has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2005.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
-16-
VIACOM OUTDOOR. INC.
By:
Print Name:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day. before me. an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowled2:ments. the fore2:oin2: instrument was
acknowled2:ed before me by . the of Viacom.
Outdoor Inc.. a Delaware comoration. freely and yoluntarily under authority duly vested in
him/her by said corvoration and that the seal affixed thereto is the true comorate seal of said
corooration. He/she is nersonaUy known to me or who has oroduced
as identification.
of
WITNESS my hand and official seal in the County and State last aforesaid this
.2005.
dav
Notary Public
Tyned. nrinted or stamoed name of Notary Public
My Commission Exoires:
-17-
CITY OF CLEARWATER, FLORIDA
By:
Print Name:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , the of IRE CITY
OF CLEARWATER, FLORIDA, freely and voluntarily under authority duly vested in himlher
by said corporation and that the seal affixed thereto is the true corporate seal of said corporation.
He/she is personally known to me or who has produced as
identification.
WIrnESS my hand and official seal in the County and State last aforesaid this _ day
of ,2005.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
-18-
SETTLEMENT AGREEMENT
THIS AGREEMENT, made as of the day of November, 2005, by and among
THE CITY OF CLEARWATER, FLORIDA ("City") and NATIONAL ADVERTISING
COMPANY, a Delaware corporation ("National"), and its parent company, VIACOM
OUTDOOR, INC., a Delaware corporation ("Viacom Outdoor").
WIT N E SSE T H:
WHEREAS, National is a wholly-owned subsidiary of Via com Outdoor;
WHEREAS, National owns five (5) billboards (the "Billboards") located along Gulf-to-
Bay Boulevard (State Road 60) within the City, with the Billboards and their locations being
described in Exhibit A hereto; and
WHEREAS, in 2000, the City initiated code enforcement proceedings as to the
Billboards, seeking to require the removal of same, the code enforcement proceedings being
described in Exhibit B hereto; and
WHEREAS, certain Appeals were taken from Orders entered by the Code Enforcement
Board, said Appeals being described in Exhibit C hereto (the "CEB Appeals"); and
WHEREAS, the CEB Appeals have been stayed pursuant to agreement of the parties
pending the outcome of the two (2) Lawsuits described hereinbelow; and
WHEREAS, National is the Plaintiff in two (2) Lawsuits (the "Lawsuits"), as to the
Billboards challenging the validity, constitutionality and enforceability of the City's Sign Code
[and the code enforcement actions?], said Lawsuits being described in Exhibit D hereto; and
WHEREAS, the City believes that National's claims are not valid, believes that there are
valid defenses to National's claims and contests National's claims; and
WHEREAS, administrative proceedings have occurred between National and the Florida
Department of Transportation ("FDOT") concerning certain of the Billboards, resulting in a
Final Order dated June 30, 2000, a copy of which is attached hereto as Exhibit E-l, and an
Order Staying Removal of Outdoor Advertising Signs dated July 6, 2000, a copy of which is
attached hereto as Exhibit E-2; and
WHEREAS, the parties desire to settle the Lawsuits, the related code enforcement
actions, the appeals, and to resolve all disputes between them concerning the Billboards, whether
or not asserted in the Lawsuits.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, together with other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
1. Recitals.
The recitals set forth above are true and correct and are incorporated herein by
reference.
II. Definitions.
As used in this Agreement, the following words and phrases shall have the
following meanings:
"Billboard": A Billboard Structure and any and all attached Billboard Faces and
Embellishments.
"Billboard Face": The part of a Billboard, including trim and background, which
contains the message or informative contents, excluding Embellishments, which are displayed at
the same location and facing the same direction.
-2-
"Billboard Structure": The interrelated parts and materials of a Billboard, such as
beams, poles, and stringers, which are constructed for the purpose of supporting or displaying a
message or infonnative contents.
"Effective Date"; The date upon which this Agreement is fully executed by all
parties hereto.
"Embellishment": A temporary extension of the Billboard Face which contains a
portion of the message or informative contents, and which is added, modified, or removed when
the message is changed. The embellishment shall be no greater than 15% of the Billboard Face
on which the embellishment is located.
"Federal-Aid Primary Highway" or "F AP Highway" or "F AP": The highways
that were part of the Federal-Aid Primary Highway System in existence on June I, 1991, and any
highway which was not on such system but which is, or hereafter becomes, a part of the National
Highway System. The parties stipulate that the portion of Gulf-to-Bay Boulevard within the City
east of U.S. 19 is presently a Federal-Aid Primary Highway.
"Physically Removed"; A Billboard shall be deemed physically removed if the
Billboard Structure is permanently removed twelve (12) inches below grade.
"Relocated Billboard": A Billboard which is relocated and re-constructed
pursuant to the terms of this Agreement.
"Relocation Permit": A pennit issued by the City to National memorializing
National's vested right to construct a Relocated Billboard on the same parcel for a period oftime
that is no longer than the Term of this Agreement and further subject to the terms and conditions
of this Agreement.
"Term of this Agreement": The time period commencing on the Effective Date of
-3-
this Agreement and ending ten (10) years thereafter.
"Termination": The tenth (1oth) anniversary of the Effective Date.
III. Removal of Billboards:
The Billboards shall be physically removed by National in accordance with the
following schedule:
A. One Billboard shall be physically removed on or before _, 2006.
B. One Billboard shall be physically removed on or before the seventh (7th)
anniversary of the Effective Date.
C. One Billboard shall be physically removed on or before the eighth (8th)
anniversary of the Effective Date.
D. One Billboard shall be physically removed on or before the ninth (9th)
anniversary of the Effective Date.
E. The final Billboard shall be physically removed on or before the
Termination Date.
IV. Maintenance. Repair and Reconstruction of Billboards:
During the period that the Billboards are allowed to remain, as defined in Article
III above, National shall be entitled to maintain, repair and reconstruct each Billboard as
necessary, subject to any requirements established by the Florida Building Code, state law, and
state regulation. The City shall issue appropriate permits for said maintenance, repairs and/or
reconstruction subject to the foregoing laws and regulations. Any maintenance, repair, or
reconstruction shall not increase the size or height of any Billboard.
V. Relocation of Billboards:
If, during the period that the Billboards are allowed to remain, as defined in
-4-
Article III above, the owner of the parcel for which a Billboard is located decides to develop or
redevelop the parcel and desires that National relocate said Billboard, National shall be entitled
to relocate and reconstruct the Billboard on said parcel in order to accommodate the development
or redevelopment. The City shall issue appropriate permits for said relocation and reconstruction
of the Billboard on said parcel. The relocated and reconstruction of the Billboard shall satisfy
the setbacks for freestanding sign structures in effect at the time of relocation. Any relocation
and reconstruction of the Billboard shall not increase the size or height of the Billboard.
VI. No Requirements to Remove Billboards:
During the term of this Agreement, the City shall not impose upon an owner of a
parcel upon which a Billboard is located, any requirement that a Billboard shall be removed or
for the property owner to develop or redevelop its property. As noted above, the Billboard shall
be entitled to remain only for such limited period of time as provided in the removal schedule
described in Article III above, even if the property upon which it is located is developed or
redeveloped.
VII. Florida Department of Transportation Approval:
The parties agree that signs 3, 4, and 5 on Exhibit A hereto are currently located
on an F AP Highway and are subject to regulation by the Florida Department of Transportation
("FOOT") under Chapter 479, Fla. Stat. The City shall send a letter to FDOT indicating that, by
virtue of this Settlement Agreement only, said Billboards shall be deemed permitted
nonconforming uses, but only during the period of the removal schedule set forth in Article III
above. Such letter shall be in substantially the form attached hereto as Exhibit F. Further, the
City shall execute or issue any permit applications or other documents required by FDOT as a
condition of FDOT issuing state permits for the said Billboards.
-5-
VIII. National may make application with the City for issuance of the relocation permit,
in accordance with this Agreement; however, notwithstanding anything herein to the contrary, a
relocated Billboard shall be subject to the same removal schedule established in Article III. The
City thereupon shall issue to National a relocation permit, but the issuance of the relocation
permit shall not waive or otherwise excuse National from complying with the requirements of
any electrical or structural building codes (including the Florida Building Code), and rules and
regulations of general application in effect at the time a building or electrical permit application
is filed in connection with the rebuilding of a relocated Billboard. Furthermore, the procedures
followed by the City and any fees that will be charged with respect to the construction of a
relocated Billboard shall be nondiscriminatory and the procedure and fees charged for equivalent
structures. The County shall not in any event apply any procedure or fee that would impair
National in the exercise of its vested rights under tills Agreement. Appropriate City building
permits and state sign permits must be obtained prior to construction and relocated Billboards
pursuant to this Agreement.
IX. Vested Rights and Future Regulations:
During the term of this Agreement, the parties agree and acknowledge that
National, by the execution of this Agreement and the assumption of the obligations set forth
herein, has acquired vested rights to operate, maintain, reconstruct and relocate the Billboards in
accordance with the terms and conditions of this Agreement. It is the intent of the parties that
this Agreement, and National's significant reliance and substantial change in position based upon
the terms contained herein, creates vested rights in National for the term of this Agreement,
which vested rights have substantial economic value and which shall be recognized in the
existing and subsequent regulation affecting the Billboards as may then exist. For the term of
-6-
this Agreement, the City agrees that it shall not take any official action, including, but not limited
to, administrative or enforcement actions, or enact any ordinance or regulation that is
inconsistent with, or otherwise deprives National of its vested rights under this Agreement.
Specifically, without limitation, the City shall not, during the term of this Agreement:
A. Require submission of development of a property on which a Billboard is
located, the removal of relocated structure or a Billboard listed in Exhibit A; or
B. Enact an amortization or other removal provision affecting the Billboards.
X. Release and Waiver:
The City hereby releases and forever discharges National, its agents and
employees, from any and all claims, actions, causes of action, damages and costs arising out of
violations, alleged or actual, of the City's Sign Code, which had been brought, or might have
been brought, as of the time of this Agreement. National and Viacom Outdoor, on behalf of
themselves and their subsidiaries and affiliated corporations and entities, hereby release and
discharge the City, its officers, elected officials, agents and employees, from any and all claims,
actions, causes of action, damages and costs arising out of the City's Sign Code, including but
not limited to violations, alleged or actual, of the City's Sign Code. Except as provided by this
Agreement, National and Viacom Outdoor, on behalf of themselves and their subsidiaries and
affiliated corporations and entities, specifically waive all rights to challenge the validity,
constitutionality or enforceability of the City's Sign Code, as amended; provided, however, that
the City and National shall not be deemed to have waived or abandoned any right to bring an
action to enforce the terms, conditions and limitations of tbis Agreement, and further provided
that the City and National have not waived or abandoned, nor shall be deemed to have waived or
abandoned, any right after expiration of the Termination Date, to assert any claim, action, cause
-7-
of action, damages or costs, arising out of or related to the enactment, enforceability, validity or
constitutionality of the City's Sign Code, or a subsequent regulation pertaining to the same
subject matter, as they may then exist.
XI. Notices:
All notices and other communications required or permitted to be given hereunder
shall be in writing and shall be mailed by certified or registered mail, postage prepaid, or by
Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows:
Iho City:
City of Clearwater
Clearwater, FL
Attn: City Manager
LJ
With Copies To:
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758
Attn: Leslie Dougall-Sides, Esq.
(727) 562-4010
and
Rogers Towers, P.A.
1301 Riverplace Boulevard, Suite 1500
Jacksonville, Florida 32207
Attn: William D. Brinton, Esq.
(904) 398-3911
If to National:
National Advertising Company
c/o Viacom Outdoor, Inc.
6904 Cypress Park Drive
Tampa, Florida 33634
Attn: Joe Little
-8-
(813) 888-5541
With Copies To:
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Post Office Box 1900
Fort Lauderdale, FL 33302
Attn: Glenn N. Smith, Esq.
(954) 527-2466
and
Viae om Outdoor, Inc.
405 Lexington Avenue
17th Floor
New York, New York 10174
Attn: Amy Berlin, Esq.
(212) 297-6507
XII. Further Representations and Warranties:
National and Viacom Outdoor hereby represents and warrants that (a) National
Advertising Company and Viacom Outdoor, Inc. are each corporations in good standing under
the laws of the State of Delaware; (b) National Advertising Company and Viaeom Outdoor, Inc.
are each duly authorized to transact business in the State of Florida; (c) National Advertising
Company and Viaeom Outdoor, Inc. have taken all corporate actions necessary to authorize this
Agreement. The City hereby represents and warrants to National and Viacom Outdoor that: (a)
the City is empowered to enter into this Agreement; (b) this Agreement has been duly authorized
by the City Council of the City pursuant to the requirements of Florida Law as of the Effective
Date.
XIII. Enforcement:
In the event of a default under this Agreement, and as a condition of any party
exercising any enforcement remedies, the non-defaulting party shall provide written notice of
-9-
such default to the defaulting party. The defaulting party shall have ninety (90) days to cure such
default. If the defaulting party fails to cure within ninety (90) days, then the non-defaulting party
shall be entitled to seek the remedies of specific perfonnance and injunctive relief and shall be
entitled to an Order of the Court to enforce this Agreement and other equitable relief as the Court
may deem just. Each-party shall bear its own attorneys' fees and costs, whether incurred during
negotiations, preparation, at trial, or upon appeal. If National fails to remove a Billboard by one
of the deadlines set forth in Article III above, and after due notice pursuant to this Section fails to
cure said default, then the City shall be entitled to recover from National and Viacom Outdoor,
jointly and severally, the sum of $ for each day subsequent to the deadline that such
Billboard is not physically removed. The parties agree that the intent of this additional remedy is
to provide a disincentive to any breach of the mandatory removal provisions of this Agreement.
XIV. Entire AQ:reement:
This is the entire Agreement by and between the City, National and Viacom
Outdoor, and no verbal or written assurances or promises by any party hereto is effective or
binding unless included in this document, or a written supplemental agreement has been signed
by all parties to this Agreement.
XV. Binding Effect:
The parties agree that this Agreement shall be binding upon the City, National and
Viacom Outdoor, and their subsidiaries, affiliates, successors and assigns. Further, the parties
agree that they will not challenge the adoption of, or the validity, constitutionality, or
enforceability of any of the provisions contained within this Agreement. National agrees to not
transfer or otherwise convey any ownership interest in any of the Billboards, unless the
transferee shall execute and deliver to the City an agreement to be bound by the terms and
-10-
1---
conditions of this Agreement, which agreement shall be in substantially the form attached hereto
as Exhibit
XVI. Stipulated Final Judgment:
Within 5 days following the Effective Date of this Agreement, National and the
City shall file a Joint Motion in the form attached as Exhibit _ for the Court's approval of this
Agreement and for the entry of a Stipulated Final Judgment in the Litigation.
XVII. Third party Challenge:
In the event this Agreement is invalidated by a third party, the parties hereto shall
then be returned to their respective legal positions as existed on the Effective Date.
XVIII. Compromise of Disputed Claims:
The parties acknowledge that this Agreement is a compromise resolution of disputed
claims and agree that it shall never be treated as an admission or evidence of liability by any of
them for any purpose whatsoever.
IN WITNESSETH WHEREOF, the parties hereto have caused is Agreement to be
executed by their undersigned officials as duly authorized.
~11-
NATIONAL ADVERTISING COMPANY
By:
Print Name:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , the of National
Advertising Company, a Ddaware corporation, freely and voluntarily under authority duly
vested in him/her by said corporation and that the seal affixcd thereto is the true corporate seal of
said corporation. He/she is personally known to me or who has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2005.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
-12-
VIACOM OUTDOOR, INC.
By:
Print Name:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , the of Viacom,
Outdoor Inc., a Delaware corporation, freely and voluntarily under authority duly vested in
himfher by said corporation and that the seal affixed thereto is the true corporate seal of said
corporation. He/she is personally known to me or who has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of , 2005.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
-13-
CITY OF CLEARWATER, FLORIDA
By:
Print Name:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , the of THE CITY
OF CLEARWATER, FLORIDA, freely and voluntarily under authority duly vested in him/her
by said corporation and that the seal affixed thereto is the true corporate seal of said corporation.
He/she is personally known to me or who has produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of , 2005.
Notary Public
Typed, printed or stamped name of Notary Public
My Conunission Expires:
-14-
EXHIBIT A
West oru.s. 19:
523 Belcher Road'
2266 Gulf-to-Bay Boulevard
East oru.s. 19:
3. 2779 Gulf-to-Bay Boulevard (Willowick)
4. 2800 Gulf-to-Bay Boulevard (Hooters)
5. 2882 Gulf-to-Bay Boulevard (Lamar)
EXHIBIT A
Billboards
EXHIBIT "A
EXHIBIT B
MUNIClP AL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 31-00
CITY OF CLEARWATER,
Petitioner,
2266 Gulfto Bay Boulevard
Clearwater, FL
Sec. 18~29-16, M&B 22.07
VS.
WOLVERINE PROP INV LTD PTNSHP
31550 Northwestern Hwy Ste 110
Farmington Hill, MI 48334
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent( s ).
FTL:1SS3784:1
EXHIBIT "8"
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 33-00
CITY OF CLEARWATER,
Petitioner,
501-525 S. Belcher Road,
Clearwater, FL
Sec. 18-29-16, M&B 32.05
VS.
ELLIS CO LTD. c/o STANLEYG.
GillSON, R.A.
23 E. Tarpon Avenue
Tarpon Springs, FL 34688
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent( s ).
FTL: 1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 34-00
CITY OF CLEAR WATER,
Petitioner,
2800 Gulf to Bay Boulevard
Clearwater, FL
Sec. 17-29-16, M&B 13.07
vs.
LIMITED PROPERTIES, INC.
c/o James F. Bums, R.A.
2352 Ham Blvd.
Clearwater, FL 33758
&
INFINITY OUTDOOR, INe.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent( s ).
FTL:1553784:1
MUNlCIP AL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 36-00
CITY OF CLEARWATER,
Petitioner,
2779 Gulf to Bay Boulevard
Clearwater, FL
Baskin's Replat Resub., part of Lot 2
YS.
HERBERTE.WOLLO~CK
104 Driftwood Lane
Largo, FL 33770
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
ReSDondent( s ).
FTL:1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
CASE NUMBER 38-00
CITY OF CLEARWATER,
Petitioner,
VS.
2894 Gulfto Bay Boulevard
Clearwater, Florida
Sec. 17-29-16, M & B 13.34
GLEN ELLEN MOBILE HOME
PARK and LAMAR WHITECO
OUTDOOR CORPORATION,
Respondents.
FTL:1557879:1
EXHIBIT C
NATIONAL ADVERTISING COMPANY,
d/b/a INFINITY OUTDOOR, INC.
Appellant,
VS.
CITY OF CLEARWATER,
a Florida Municipal Corporation,
Appellee.
GLENN ELLEN MOBILE HOME PARK and
LAMAR WHITECO OUTDOOR
CORPORATION,
Appellant,
YS.
CITY OF CLEARWATER,
a Florida Municipal Corporation,
Appellee.
IN THE CIRCUIT COURT OF THE
6th JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
Appeal No. 00-7393 CI (88B)
consolidated with
Appeal No. 00-8884 CI (88B)
FTL:l 553689: I
EXHIBIT "C"
EXHIBIT D
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation,
Plaintiff,
VS.
CITY OF CLEAR WATER, a Florida
Municipal Corporation,
Defendant.
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation, as successor in
interest to Lamar Whiteco Outdoor
Corporation,
Plaintiff,
VS.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
FTLl553701:1
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-3844-CI-ll
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PJNELLAS COUNTY, FLORIDA
CASE NO. 00-1939-CI-20
EXHIBIT "D"
EXHIBIT E-l
STATE OF FLOillDA
DIVIS10N OF ADMINISTRATIVE HEARINGS
NATIONAL ADVERTISING COMPANY,
Petitioner,
DeAR CASE NOS.: 99.3940T
99-3941T
99-3942T
OO-OnOT
00-0721 T
00-0723T
DOT CASE NOS.: 98-0017
98-0019
98-001~
00-0022
YS.
DEPARTMENT OF TRAl'ISPORTATI0N,
.Respondent.
I
FINAL ORDER
'On November 2~, 1995, the federal government caused State Road 60 in PinelIas
County to become part of the National Highway System and, therefore, ajudsdictionaI
roadway for purposes of the DEPARTMENT'S obligation to regulate outdoor advertising
structures. Subsequent to that action, the DEPARTMENT infonned all owners of outdoor
advertising structures adjacent to. the subject roadway that their signs now required a State
Outdoor Advertising Permit, and advised them to apply for permits.
Petitioner, NATIONAL ADv'ERTISING COMPANY (NATIONAL), submitted
outdoor advertising permit applications to the DEPARTMENT for three billboard structures
(six permits). The DEPARTrvIENT subsequently denied the applications and NATIONAL
requested an administrative hearing. The parties agreed to stay th.e proceedings until the
conclusion of Stowell Y. Dep't ofTransp. (DOAH Case Number 97-1417T), 743 So. 2d 513
(Fia. 1st DCA 1999). After the appellate court rendered its decision in me Stowell case in the
DEPARTMENT'S fav0r, NATIONAL elected to proceed to an administrative hearing, and
Page 1 of 19
EXHIBIT E-l
,I
"
the Iratters were referred to the Division of Administrative Hearings (DOAH) on September
20, 1999, In addition to its challenge to the DEPARTME~l'S denial of its permit
applications, NATIONAL requested reinstatement of previously issued permits. The cases
were consolidated for hearing on February 17, ZOCO.
On Februarj 17, 2000, a formal administrative hearing was held in Tampa, Florida,
before J. Lawrence Johnston, Administrative Law Judge. Appearances on behalf of the parties
were as follows:
For Petitioner:
Gerald S. Livingston, Esquire
Aileen Reilly. Esquire
Livingston & Reilly, P.A.
612 East Colonial Drive, Suite 350
Post Office Box 2151
Orlando, Florida 32802
For Respondent:
Kelly A. Bennett, Esquire
Department of Transportation
Haydon Burns Building. M.S. 58
, 605 Suwannee Street
Tallahassee, Florida 32399-0458
At the hearing, NATIONAL bore the burden of proof. NATIONAL called two
employees of the DEPARTMENT as witnesses and offered exhibits 1 through 13, which were
admitted into evidence. The DEPARTMENT called two employees of the DEPARTMENT
as witnesses and offered exhibits 1 through 3, which were accepted into evidence. Official
recognition was taken Mall relevant statutes and rules. The transcript of the proceeding was
filed on April 3, 2000. On March 17, 2000, the DEPARTMENT and NATIONAL filed their
respective Proposed Reconunended Orders. On April 3, 2000, Judge Johnston issued his
Recommended Order. On April 17, 2000, the DEPARTMENT and NATIONAL filed their
Page 2 of 19
"
respective exci:::pclons to the Recommended Order. On April 24, 2C.co, (lie DEPARThiENT
filed its response to NATIONAL'S exceptions.
Subsequent to the issuance of the Recommended Order by the Administrative Law
Judge, NATIONAL filed a Notice of Additional Authority, to which the DEPARTMENT
filed a response. NATIONAL also filed a Motion for Stay of Entry ofa Final Order. These
post-hearing filings are addressed below.
STATEMENT OF THE ISSUES
As stated by the Administrative Law Judge in his Recommended Order, the issues
presented were "whether six outdoor advertising sign permits previously issued to Petitioner
should be reinstated; or if not, whether new permits Should be issued for the six advertising
facings (two on each of three sign structures) in Clearwater, Florida."
BACKGROUND
On January 13, 1998, the DEPARTMENT issued Notice of Denied Application to
NATIONAL for signs which were originally issued state permits in the 19805. The subject
signs are located adjacent to State Road 60 (Gulf-to-Bay Boulevard), .5, .4, and .3 miles east
of U.S. 19 (Highland A venue). On January 23, 1998, NATIONAL filed a petition for a
formal hearing and a Notice of Amendment to Petition on January 28, 1998.
In March 1995, NATIONAL received a Notice of Permit Void for each of the subject
signs, which indicated that the permits corresponding to the signs were void because the
DEPARTMENT did not have jurisdiction over the subject roadway. NATIONAL did not
request an administrative hearing with respect to the Notice of Permit Void and since March
1995 those permits have been void.
Page 3 of 19
r
In June 1996, the DEPARTME?"1'T notified NATIONAL lh.1t State Road 60 east of
U.S. 19 had become a part of the National Highway System (NHS) and that all signs adjacent
to that roadway were required to be permitted pursuant to Chapter 479, Florida Stacutes. After
State Road 60, east of U.S. 19, became a part of the NHS, sign owners were required ro file
an application and supply the appropriate attachments (e.g., land owner permissioq., local
-
government certification, etc.) to obtain the required state permits.
In the late 1980s and early 1990s, the City of Clearwater passed and amended an
ordinance which required that the subject signs either be modified to comply with the terms of
the Clearwater Code or be removed, either of which was to be completed by January 19, 1996.
. Section 479.07(3)(b), Florida Statutes (1997), requires every permit application to be
accompanied by I among 'other items, a statement from the appr~priate local governmental
official indicating that the sign complies with all local governmental requirements.
NATIONAL'S applications were not accompanied by a statement from the appropriate local
governmental official, i.e., the City of Clearwater, indicating that the signs comply with all
local governmental requirements.
The City of Clearwater later provided the DEPARTMENT with a statement indicating
that the signs do not comply with all local governmental requirements. As such, at the time of
the DEPARTMENT'S review of NATIONAL'S applications, it was the conclusion of the
DEPARTMENT that the subject locations were not permittable. The subject outdoor
advertising permit applications and requests for reinstatement were denied in accordance with
the provisions of Chapter 479, Florida Statutes, and NATIONAL sought an administrative
hearing.
Page 4 of 19
DEPARTMENT'S EXCEPTIONS TO THE RECOMMENDED ORDEB
The DEPARTl'vfEN"T'S first exception is to the date November 2, 1995. in Firding of
Fact No. 10. The DEPARTIlfENT points out that the correct date on which the pertinent
portion of State Road 60 became jurisdictional was November 28, 1995, not November 2,
1995.
A review of the record reveals that the correct date is November 28, 1995, and that the
reference to November 2, 1995, is an apparent scrivener's error.
The DEPARTMENT'S first exception is accepted and Finding of Fact No. 10 is
corrected accordingly.
The "DEPARTMENT'S second exception is to the first sentence of Conclusion of Law
No. 19, determining a sign permit to be a license under Section 120.52(9), Florida Statutes.
By its exception, the DEPARTMENT argues that this conclusion is contrary to the law, there
are no facts or evidence in the record to support such a conclusion, and the issue of whether
outdoor advertising permits are licenses for the purposes of Section 120.S2(a), Florida
Stallites, was not raised by anyparty.
A review of the record in this case reveals that counsel for NATIONAL mentioned in
his opening statement to the Administrative Law Judge:
And that takes us to the last part of the case, which is the deemer
part which we'll get to later on today. And we maintain that the
Department is now required by operation of law to issue the
Page 5 of 19
OFF ICE OF (:;Ei'-! nll).t'I':;EL IC-,~V' ;:;c,.{'-J/1,;;,:,'/1/l'j'j
. . ...._. I.... _..... 0'..'__-" .~\...........~'-t.,i.,.:.
Jul 12 'GO 13:43
F' (0
'---..
........~.
t:-~rrnilS under the Deemer portion provisions of Chapter 120 when
read in concert with certain provisions of Chapter 479.
(T, 231)
However, application of the deemer provisions of Chapter 120, Florida Statutes, to this case
was never raised as an issue, prior to me hearing the DEPARTMENT was not on notice that it
would be an issue in the case, and the record is devoid of any testimony or evidence regarding
the '''deemer'' provisions of Chapter 120, Florida Statutes, and b.ow they apply to the issuance
of outdoor advertising permits issued by the DEPARTMENT. NATIONAL'S proposed
conclusions of law that 3 petition for reinstatement, if not 3cted upon within thirty (30) days,
should be deemed granted. was roo linle. too late, and should not have been considered by the
Administrative Law Judge. Understandably, NATIONAL provided no record citations to
support its proposed conclusions.
Section 120.60(1) J Florida Statutes, provide.s tbat if an application for a license is not
acted upon by the agency within ninety (90) days (or a shorter period of rime as provided by
law), the license is deemed approved. NATIONAL argued in its Proposed Recommended
Order that because Chapter 479, Florida Statutes, provides that the DE? ARTMENT shall act
on au application ror an outdoor advertising permit within thirty (30) days, the
DEPARTlYfENT should likewise be required to act up<)n a pe.d~lon for rcjnstl~ten".lent of an
outdoor advertising permir within t11irty (30) days, NATIONAL further argued that because
outdoor advertising permits are licenses, the provisions of Section 120.60(1), Florida Statutes,
must apply and if [he DEP ART1\IENT fails to act upon a petir.ioD for rt:instatement of an
I Ref~rences to the transcript of the proceeding bclo\"l arc jd~nrified ;IS (T,) followed by
the appropT1atc page number(s),
Page 6 of 19
~
outdoor advertising permit within thirty (30) days. the permilS should be deemed grantee;.
Under the circumstances. the Administrative La'.'1 Judge improperly considered and
addressed NATIONAL'S position that a petition for reinstatement of a sign permit is subject to
the provisions of Section 120.60(1), Florida Statutes, and, if not acted upon within thirty (30)
days, is deemed granted. Conclusions of Law No. 18 and 19 address this issue which was not
previously raised, and the DEPARTMENT was afforded no opportunity to preseot testimony
or evidence, or otherwise address the issue. Where issues are not sufficiently raised, parties
are not afforded full opportunity to address the issues, and the issues are neither relevant nor
material to the outcome. it is improper for the Administrative Law Judge to address the issues
in a Proposed Recommended Order and for the DEPARTMENT to resolve such issues in a
final order.
The DEPARTMENT is responsible for the administration of Chapter 479, Florida
Statutes, and Rule 14-10, Florida Administrative Code" Chapter 479, Florida Statutes, and
Rule 14-10, Florida Administrative Code, the provisions regulating outdoor advertising
structures, as authorized by Chapter 479, Florida Statutes, make a clear distinction between
licenses and permits for purposes of outdoor advertising. Thus, had the issue of the
applicability of.Section 120.60(1), Florida Statutes, to outdoor advertising sign permits been
properly raised, testimony and evidence of the DEPARTMENT'S interpretation of the statute
and the rule would have been admissible. Department of HRS v. A.S., 648 So. 2d 128 (Fla.
1995) (administrative interpretation of a statute by an agency responsible for its administration
is given great weight). Had the issue been properly and timely raised, due process would have
been afforded, and the issue would have been properly and fully addressed by the parties.
Page 7 of 19
l
Whether an outdoor advertising permit or an application for reinstatement of an outdoor
advertising permit is a license and, therefore, subject to the "deemer" provisions of Se(;tion
120.60(1), Florida Statutes, was not properly raised and is, in any event, unnecessary 10 the
resolution of the issues presented in this proceeding. As such, Conclusions of Law No. 18 and
19 must be rejected.
The DEPARTMENT'S second exception is accepted in part and rejected in part.
NA TIONAL'S EXCEPTIONS TO RECOM1\rfENDED ORDER .
As its first exception, NATIONAL argues that an application for reinstatement of a
sign permit is part of the DEPARTMENT'S permitting process and, as such, constitutes ;in
application for a license.
NATIONAL argues that in Conclusions of Law No. 18 and 19, the Administrative
Law Judge correctly concluded that: (1) Section 120.60(1), Florida Statutes, governing the
processing of an application for a license, requires approval or denial within ninety (90) days
foHowing receipt of the application for such license, unless a shorter period of time for agency
action is provided by law; (2) that Section 479.07(4), Florida Statutes, requires the
DEPARTMENT to approve or deny applications for sign permits within a thirty (30) day
period; and (3) that sign permits clearly fall within the definition of a license under Section
120.52(9), Florida Statutes. NATIONAL continues by claiming that the Administrative Law
Judge then incorrectly concludes that a petition for reinstatement of a license is not an
application for a license, and consequently, Section 120.60(1), Florida Statutes, does not apply
to NATIONAL'S petitions for reinstatement of its previously canceled state sign permits.
That conclusion, according to NATIONAL, is inconsistent with the very language of Section
Page 8 of 19
120.60{1), Florida Statutes, which is broad and inclusive in nature, as opposed to being limited
in its scope. NATIONAL argues that the section commences by stating that ~EVERY
APPLICATION for a license shall be approved or denied within ninety (90) days" and further
provides that "the agency must approve A..i"N APPLICATION for a license... If the agency
has not approved or denied the application within the time periods prescribed by this
subsection." (emphasis added by NATIONAL)
NATIONAL finds it unfortunate that the terms "every," "application," and "any," are
not defined in Chapter 120, Florida Statutes. Consequently , NATIONAL argues, the
definition commonly ascribed to such terms must be relied upon. and that it is welI settled that
in the absence of statutory definition, words of common usage are construed in their plan and
ordinary sense. State v. Hagan, 387 So. 2d 943 (Fla. 1980). "If necessary, the plain and
ordinary meaning of the word can be ascertained by reference to a dictionary." Green v.
State, 604 So. 2d 471,473 (Fla. 1992). Moreover, according to NATIONAL, a court may
refer to a dictionary to ascertain the plain and ordinary meaning which the legislature intended
to ascribe to the term. Gardner v. Johnson, 451 So. 2d 477, 478 (Fla. 1984). In this case,
NATIONAL argues, Black's Law Dictionary provides great guidance in evaluating the issue
of whether or not a petition for reinstatement of permits qualifies for inclusion in the term
"every application for a license," and in the term "any application for a license."
Black's Law Dictionary defines the word "every" to mean "each one of all; all the
. separate individuals who constitute the whole, regarded one by one. The term is sometimes
equiYalent to 'all'; and soJmetimes to 'each'." (Black's Law Dictionary, Sixth Edition, 1990.)
Black's Law Dictionarv defines the word "application" to mean "a putting to, placing before,
Page 9 of 19
preferring a request or petition before a person. The act of making a request for something. A
petition... A n appeal or petition. especially as written or presented; a putting to, placing
before; preferring a request or petition to or before a person; the act of making a request for
something." (Black's Law Dictionary I Sixth Edition, 1990.) Black's Law Dictionary def"!:ies
the term "any" to mean "some; one out of many; an indefinite number.... One or some
(indefinitely). 'Any' does not necessarily mean only one person, but may ha~e reference to
more than one or to many." (Black's Law Dictionary, Sixth Edition, 1990.)
NATIONAL argues that based upon the definitions in Black's Law Dictionary, the
question of whether or not an application (petition) for reinstatement of a license is
synonymous with an application for a license must be answered in the affirmative. Clearly, a
petition for reinstatement of a license qualified, and is included, in the class of "every
application" or "any application." According to NATIONAL, the Administrative Law
Judge's Conclusion of Law No. 19 that "a petition for reinstatement of a license is not an
application for a license" is contrary to established law, rule and reason, and fails to suppon
his further conclusion that Section 120.60(1), Florida Statutes, does not apply to
NA TrONAL'S petitions for reinstatement of its state sign permits.
There is no evidence or testimony in this record to support NATIONAL'S position,
and any suggestion that it was an issue was only mentioned in passing during opening remarks
by counsel for NATIONAL. Although counsel for NATIONAL stated that he "would get to
[the issue] later on. today," he never did. (T. 23) There is no evidence or testimony in the
record because the issue was never raised by NATIONAL, it was never addressed during
discovery or during the administrative hearing, and there was no objection to the issues as
Page 10 of 19
Slated by the Administrative Law Judge, which did not includ~ whether a permit or application
for reinstatement of an outdoor advertising sign is a license. In addition, as detailed above in
the response to the DEPARTMEi'iT'S second exception, NATIONAL'S arguments and the
conclusions of the Administrative Law Judge are improper and unnecessary to the resolution of
the issues properly presented. The Administrative Law Judge's Conclusions of Law No. 18
and 19 are unnecessary to the resolution of this proceeding. As such, Conclusions of Law No.
18 and 19 must be rejected.
NATIONAL'S first exception is rejected.
In its second exception, NATIONAL claims that the Administrative Law Judge's
Reconunen'cled Order imp'ermissibly favors local governmental regulations over state statutes
regarding the regulation and permitting of outdoor advertising sign structures.
According to NATIONAL, in Findings of Fact Nos. 1 through 3, the Administr<itive
Law Judge correctly concluded that NATIONAL lawfully erected the three subject outdoor
advertising sign structures pursuant to permits issued by the City of Clearwater during October
22, 1981, through July 1, 1984. In Finding of Fact No. 13, the Administrative Law Judge
correctly conduded that when NATIONAL file:.i its SL'( applications for the subject sign
structures, on or about December 29, 1997, NATIONAL included therewith copies of the
building permits issued by the City of Clearwater for the original construction of the subject
sign structures. Armed with these findings of fact, the Administrative Law Judge, according
to NATIONAL, incorrectly concludes in his analysis of Section 479.07(3)(b), Florida Statutes,
that because the City's sign code had been amended and NATIONAL'S sign structures no
longer complied with the City's code, that NATIONAL failed to provide the required local
Page II of 19
government statement. notwithstanding NATIONAL'S productlon of the earlier issued lor...al
building permits. The Administrative Law Judge, NATIONAL claims, incorrectly ignores the
bet that the City of Clearwater in this case had already issued permit~ to NATIONAL for the
construction, erection, and operation of the subject sign structures.
NATIONAL asserts that the testimony of Ken Towcirnak, Senior Manager for the
DEP ARTMEN"T in the area of regulation of outdoor advertising, and the individual
responsible for policy and procedure, established that unpermitted outdoor advertising sign
structures located adjacent to roadways which later become jurisdictional do not have to
comply with the statutory requirement set forth in Chapter 479, Florida Statutes. As to size,
spacing, height, and zoning, such sign structures are permitted by the DEPARTMENT as
legal nonconforming signs. NATIONAL argues that these regulatory requirements are
overlooked by the DEPARTMENT in permitting signs which later become jurisdictional. An
additional permitting requirement in Section 479.07(3)(b), Florida Statutes, requires
applications for signs (to be constructed in the future) to likewise comply with local
governmental regulations. However, NATIONAL continues, in situations involving existing
sign structures, which were previously permitted by the applicable local government, to now
require them to again comply with local governmental regulations, while ignoring the
requirements set forth in Florida Statutes, carves an impermissible distinction in favor of local
ordinances, while ignoring the provisions of state statutes relating to the same regulatory
requirements regarding size, spacing, height, zoning, etc.
NATIONAL ignores the evidence and testimony in the record upon which the
Administrative Law Judge properly relied to determine that the long since expired building
Page 12 of 19
~--
Section 479.15(1), Florida St3tutes, which r.equires Ll-Jat any such prohibition by a public
board, officer, or agency, must be .. in the lawful exercise of its powers." fnferentially. the
Administrative Law Judge has conduded, according to NATIONAL, the actions of L'-1e City of
Clearwater to be in ule lawful exercise of its powers by concluding that Section 479.15(1),
Florida Statutes, prohibits the DEPARTMENT from issuing NATIONAL the required
permits. Additionally, NATIONAL argues, the Administrative Law Judge's conclusion that
the evidence supports a finding that the subject sign structures do not comply with the City's
codes and will not be permitted by the City, is totally contrary to Findings of Fact No. 1
through 3, wherein the Administrative Law Judge concludes that the outdoor advertising sign
"
structure iIi. question are already permitted by the City. '
The record reflects that in the late 1980s and early 1990s. the City of Clearwater passed
and amended an ordinance which required that the subject signs either be modified to comply
with the terms of the applicable Clearwater Code Chapter or be removed, either of which was
to be completed by January 19, 1996.. On the other hand, there is no evidence or testimony in
the record to contradict such a finding or conclusion or which would support a finding that the
referenced ordinance \vas other than a iegal action by the City of Clearwater. The City of
Clearwater's position is that after January 19. 1996, the subject signs became illegal. As there
is no evidence or testimony in the record that the City's determination has been challenged in a
court of competent jurisdiction, the Administrative Law Judge could, and did, properly
conclude that the City's actions were legal.
NATIONAL third exception is rejected.
As its fourth exception, NATIONAL claims the date set forth in Findings of Fact No.
Page 14 of 19
10 is incorrect. According to NATIONAL, the record is unrefuted th3t the date State Road
60, east of U.S. 19, became jurisdictional is November 28, 1995, citing also to Finding of Fact
No.1l.
As previously noted, the record reflects the accuracy of NATIONAL'S fOUrtll
exception and Finding of Fact No. 10 is corrected accordingly.
NATIONAL'S fourth exception is accepted.
NATIONAL'S NOTICE OF ADDITIONAL AUTHORITY
On May 25,2000, NATIONAL served upon the DEPARTMENT its "Notice of
Additional Authority," ostensibly in support of its "arguments made in its Exceptions to the
Reconunended Order." There is no authority in Chapter 120, Florida Statutes, or the Florida
Rules of Civil Procedure for the post-trial filing of additional argument and reinterpretation of
evidence to support a party's position. NATIONAL'S Notice of Additional Authority goes
beyond citation to additional case or statutory authority to support its previously made
arguments. Rather, NATIONAL'S post-hearing filing makes new arguments to support its
original position and reargues its case.
NATIONAL'S additional arguments should have been presented to the Administrative
Law Judge through legal argument or through the examination and cross examination of
witnesses. All of NATIONAL'S additional arguments go to the propriety or legality of the
City of Clearwater's Sign Code. Both the city attorney and a code enforcement officer for the
City of Clearwater testified at the administrative hearing. The arguments made by
NA TIONAL in its Notice of Additional Authority should have been developed through those
witnesses or additional witnesses and evidence which NATIONAL could have introduced.
Page 15 of 19
This is not the preper time and the DEPARThiEf'i'T is noe L~e proper forum to which new
pose-hearing arguments should be made.
The DEPARTMEl'l"T is without authority to consider NATIONAL'S Notice of
Additional Authority, and the arguments therein have not been considered in the
DEPARTMENl"S review of the record, consideration of the Recommended Order. and the
preparation of this Final Order.
NA TIONAL'S MOTION FOR STAY OF ENTRY OF A FINAL ORDER
On June 26, 2000, NATIONAL filed with the DEPARTMENT'S Clerk of Agency
Proceedings. a Motion for Stay of Entry of a Final Order and exhibits thereto. The
DEPARTMENT has fully considered NATIONAL'S motion in this regard, but declines to
stay the issuance of the Final Order in this matter. Notwithstanding the DEP ARTMENl' S
denial of NATIONAL'S motion to stay the entry of the Final Order in this matter, the
DEPARTMENT shall consider NATIONAL'S motion as a motion to stay the removal of the
subject sign structures as required by.the recommendation of the Administrative Law Judge
that NATIONAL'S petitions for reinstatement and NATIONAL'S applications for new sign
permits be denied. NATIONAL'S motion is recast as a motion to stay removal of the subject
signs. as contemplated by Florida Rule of Appellate Procedure 9.310 and Florida Rule of Civil
Procedure 1.550.
FINl)INGS OF FACT
I. After review of the record in its entirety, it is determined that the Administrative
Law Judge's Findings of Fact in paragraphs 1 through 9 and 11 through 17 afe supported by
the record and are accepted and incorporated.as if fully set forth herein.
Page16of19
2. The Findings of Fact in paragraph 10 are accepted as corrected and incorporated as
if fully set forth herein.
CONCLUSIONS OF LAW
1. The DEPARTMENT has jurisdiction over the subject matter of and the parties to
this proceeding pursuant to Chapters 120 and 479, Florida Statutes.
2. The Conclusions of L~w in paragraphs 20 through 28 are supported in the 1m\'. As
such, they are adopted and incorporated as if fully set forth herein.
3. The Conclusions of Law in paragraphs 18 and 19 are rejected.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, it is
ORDERED that the Administrative Law Judge's Recommended Order, as herein
corrected and modified, is adopted. It is further
ORDERED that the permits previously issued to Petitioner, NATIONAL
ADVERTISING COMPANY, for the subject signs are declared void by operation of law ?Ild
the subject signs are illegal and must be removed. It is further
ORDERED that Petitioner, NATIONAL ADVERTISING COMPANY, shall remove
the subject signs and all associated debris within thirty (30) days of the date of this Final
Order. It is further.
ORDERED, that should Petitioner, NATIONAL ADVERTISING COMPANY, fail
to remove the subject signs and any debris associated with said removal within the thirty (30)
days herein provided, the Respondent, DEPARTiVfENT OF TRA1'\[SPORTATJON, or its
contractor, shall remove the subject sign and all costs associated with such removal are hereby
Page 17 of 19
assessed against Petitioner, NATIONAL ADVERTISING COl'rfPANr. It is further
ORDERED. that the motion of Petitioner, NATIONAL ADVERTISING
COMPANY. for a stay of the entry of the Final Order in this matter is denied without
prejudice to the consideration of the motion by the DEPARTMENT OF
TRANSPORTATION as a motion to stay the removal of the subject signs and the entry of an
appropriate order thereon.
. ~
DONE AND ORDERED this ?,() day of June, 2000.
~\".~''''' " \;\ ~~ 'h--
\')u/THOMAS F. BARRY, JR., P.E.
'So Secretary
Department of Transportation
Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida 32399
Page 18 of 19
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NOTICE OF RIGHT TO APPEAL
THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAYBE
APPEALED PURSUANTTOSECTfON 120.68, FLORIDASTATIITES, AND RULES 9.110
Al"ID 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING A NOTICE
UF APPEAL COi'l'FO&'VHNG TO THE REQUIRErvfENiS OF RULE 9.110(d), FLORIDA
RULES OF APPELLATE PROCEDURE, BOTH WITH THE APPROPRIATE DISTRICT
COIJRT OF APPEAL, ACCOIVIPAl'HED BY THE APPROPRIATE FILING FEE, AND
WITH THE DEPARTMENTS CLERI( OF AGENCY PROCEEDINGS, HAYDON BURi'l'S
BUlLDING, 605 SmVANNEE STREET, 1\:f.5. 58, TALLAHASSEE, FLORIDA 32399-0458,
WITHIN THIRTY (30) DAYS OF RENDITION OF TInS ORDER.
Copies furnished to:
Kelly A. Bennett
Ass istant General Counsel
Department of Transportation
Haydon Burns Building, M.S. 58
605 Suwannee Street
Tallahassee, Florida 32399-0458
Lynn Holschuh
Outdoor Advertising Administrator
Department of 1,:ransportation
Haydon Burns Building, M.S. 22
605 Suwannee Street
Tallahassee. Florida 32399
Gerald S. Livingston, Esquire
Aileen Reilly, Esquire
Livingston & Reilly, P.A.
612 East Colonial Drive, Suite 350
Post Office Box 2151
Orlando, Florida 32802
Susan Rosetti
Outdoor Advertising Administrator.
District VII
Department of Transportation
11201 North McKinley Drive, M.S. 7-900
Tampa, Florida 33612-6456
J uanice Hagan
Assistant Manger, Right of Way
Department of Transportation
Haydon Burns Building, M.S. 22
605 Suwannee Street
Tallahassee, Florida 32399
Page 19 of 19
STATE OF FLORIDA
DIVISION OF ADMINISTR..\TlVE HEj\RINGS
Petitioner,
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) 00-0721T
) 00-0723T
NATIONAL ]\.DVERTISING COHP}\NY,
vs.
DEPAH.THENT OF TRANSPORTATION,
Re sponden t .
RECOMMENDED ORDER
On February 17, 2000,a ~ormal administrative hearing was
held in this case in Tampa, Florida, before J. Lawrence Johnstonl
Administrative Law Judgel Division of Administrative Hearings.
APPEARANCES
For Petitioner: Gerald S. Livingston, Esquire
Aileen Reilly, Esquire
Livingston & Reilly, P.A.
Post Office Box 2~51
Orlando, Florida 32802
For Respondent: Kelly A. Bennett, Esquire
Department of Trarisportation
605 Suwannee Street
Haydon Burns Building, Mail Station 58
Tallahassee, Florida 32399-0458
STAT21vlENT OF 'THE ISSUES
The issues in this case are whether six outdoor advertising
sign permits previously issued to Petitioner should be
reinstated; or, if not, whether new permits should be issued for
the six advertising facings (two on each of three sign
structures) in Clearwater, Florida.
.
: ,: 1
PRELIMINARY STATEMENT
On December 29, 1997, Petitioner (~jational) filed six
applications for outdoor advertising sign permi~s describing the
location of the signs as:
"Reinstated State Tag :# AF 604-1011;
IlReins tated State Tag # 11..F 605 -10" i "Reinstated State Tag # AH
631-101lj IlReinstated State Tag # AH 632-10"; IlReinstated State
Tag # AI 28B-101l; and "Reinstated State Tag,# AI 289-10."
Respondent Department of Transportation (DOT) gave notice of
intent to deny the applications on Januarf 1~, 1998. However,
the matters were not referred to the Division of Administrative
Hearings until September 20, 1999. The applications on the
former "M" permits were given DOAR Case No. '99-3940T, the former
."AMIl permits were given DOll.H Case No. 99-3941T, and the former
"AIIl permits were given DOA..q Case No. 99-3942T. These three DO.Z\..."t.f
cases were consolidated and scheduled ror final hearing on
December I, 1999.
On November 22, 1999, National filed with DOT.a Petition 'for
Reinstatement for each of the three signs (each petition seeking
reinstatement of the two permits for the twq advertising facings
for each sign structure), and DOT filed a Motion in Limine
seeking to prohibit National from trying the issue of
reins tatement of the former permits. The next: day, .National
filed a Motion for Continuance to give DOT time to decide whether
to reinstate the former permits. An Order Granting Continuance
and Re-Scheduling Hearing for February 17, 2000, was entered on
December 2, 1999.
2
On February 3, 2000, National filed another l1otion for
Continuance because DOT still had not decided whether to grant
the petitions for reinstatement and because DOT now allegedly was
required by law to issue default permits that would moot the DOAIi
Case Nos. 99-3940T, 99-3941T, and 99-3942T. National
supplemented the Motion for Continuance on February 8, 2000, with
copies of the Notice of Intent to Deny Petition for Reinstatement
DOT issued on January 31, 2000, as to each Petition for
Reinstatement, and ~he Petition of National Advertising Company
filed on February 8, 2000, seeking a formal administrative
proceeding on the intended denials of the petitions for
reinstatement. DOT filed a Response in Opposition to National's
Motion for Continuance on February 10, 2000.
A telephone hearing was held on the Motion for Continuance
on February 14, 2000. During the hearing, the parties agreed to
a single final hearing on all issues on February 17, 2000; and
DOT agreed to expedite referral of the three petitions for
reinstatement to DOAH, where they would be immediately
consolidated with DO~B Case Nos. 99-3940T, 99-3941T, and
99-3942T. The Motion for Continuance was denied.
DOT referred the Petition of National Advertising Company
seeking a formal" administrative proceeding on the intended
denials of the petitions for reinstatement later on February 14,
2000. DOAH assigned three case numbers to the petition of
National Advertising--OO-0720T, 00-0721T, and 00-0723T,
.... ......... . . .. .. . .
corresponding to the signs structures at issue in DOAH Case Nos.
99-3940T, 99-3941T, and 99-3942T--and assigned the same
3
,t
Administrative Law Judge for consolidation at final hearing on
February 17, 2000.
On February 15, 2000, DOT filed a second Motion in Limin8
seeking: (1) exclusion of "any reference" to a requirement for
"just compensation'l for a "taking"; and (2) prohibition against
questions concerning agency policy unless directed to DOT's
designated agency representative.
At final hearing, all six DOAR cases were consolidated. As
a result, DOT's first Motion in Limine became moot. DOT's second
Motion in Limine was denied (although it was acknowledged that no
IItakingll or IIjust compensation" would be decided in these cases.)
DO~ls QIg tenus motion to limit National to o~e witness due to
late-filed interrogatory answers also was denied.
National called two witnesses and had Petitioner's Exhibits
1 through 13 admitted in evidence. DOT called four witnesses and
had Respondent's Exhibits 1 through 3 admitted in evidence.
DOT requested a transcript of the final hearing, and
National's request for twenty ten days from the filing of the
transcript in which to file proposed recommended orders was
granted. The Transcript was filed on February 28, 2000, making
proposed recommended orders due on February 20, 2000. Both
parties filed Proposed Recommended Orders, which have been .
considered.
FINDINGS OF FACT
1. In June 19821 National lawfully erected an outdoor
advertising billboard structure with two advertising facings
located adjacent to State Road 60, 0.5 mile east of U.S. 19,
4
pursuant to permit number 6868 issued by the City of ClearHater
(the City}, on October 22, 1981, and pursuant to state sign
permit numbers AF604 and AF60S issued by DOT on Nove~ber 18,
1981.
2. In January 1983, National lawfully erected an outdoor
advertising billboard structure with two advertising facings
located adjacent to State Road 60, 0.4 mile east of U.S. 19,
pursuant to permit number 10406 issued by the City on October 15,
1982, and pursuant to state sign permit numbers A1288 and A1289
issued by DOT on December 20, 1982.
3. On or about July 1, 1984, National lawfully erected an
outdoor advertising billboard structure with two advertising
facings located adjacent to State Road 60, 0.3 mile east of U.S.
19, pursuant to permit number SN - 24060117 issued by the City on
June 6, 1984, and pursuant to state sign permit numbers ~1631 and
~1632 issued by DOT on January 12, 1984.
4; National maintained the three outdoor advertising
billboard structures, containing six advertising faces, as
identified in Findings of Fact numbers 1, 2 and 3, above (the
"subject sign structures"), in the same condition as they were
when erected.
S. Following the lawful erection of the subject sign
structures, National paid DOT the required annual permit fees
through the year 1995, which allowed National to maintain and
operate the subject sign structures through December 31, 1995.
6. In March of 1995, DOT notified National that it was
dropping state sign permit numbers AF604, ~F60S, A1288, A1289,
5
- '- . ,
... \.
,
I~~631, and k~632 from its inventory because DOT had no
jurisdiction over the segment of State Road 60, east of U.s. 19,
adjacent to which the subject sign structures were located. The
evidence was that DOT did so by serving on National a "Notice of
Violation,lI citing DOT's lack of jurisdiction. The llNotice of
Violationll gave National the opportunity to request an
administrative hearing to contest DOT's action.
7. National had no reason to question DOT's position on the
jurisdictional issue but rather relied upon DOrIs determination
that DOT did not have jurisdiction in March of 1995. National.
chose not to request a hearing.
.8. The evidence was not clear as to when~the DOT lost, or
believed it lost, jurisdiction; the evidence also was not clear
whether the DOT ever had, or believed it ever had, jurisdiction.
9. At the time DOT dropped state sign permit numbers AF604,
AF605, A1288, A1289, ~1631, and N1632 from its inventory, DOT did
not refund any permit fees to National, including the permit fees
which National had paid for the 1995 calendar year.
Consequently; permit numbers AF604, AF605, A1288, A1289, AM531,
and fu~632 were fully paid through December 31, 1995.
10. On November 2, 1995, the section of State Road 50, east
of U.S. 19, along which the subject sign structures are located
became part of the National Highway System (NHS), and became
jurisdictional for the purpose of permitting outdoor advertising
billboard structures.
11. On August 26, 1996, Kenneth M. Towcimak, as Director of
DOT's Office of Right of Way, issued a memorandum to all District
6
outdoor Advertising Administrators addressing implementation of
outdoor advertising control over roadways which were previously
uncontrolled by DOT, and which became designated as par~ of the
NHS on November 28, 1995. The Towcimak memorandum of August 26,
1996, re~lired notification by registered mail, with return
receipt requested, to all Oimers of such outdoor advertising
billboard structures, that they must obtain state permits by
January I, 1997.
12. There was no evidence as to whether DOT ever notified
National by registered mailt .wi~h return receipt requestedt that
National was required to obtain state permits by January It 1997,
for the subject sign structures.
13. National filed six applications for the subject sign
structures on or about December 29, 1997 (one for each of the two
sign facings on each sign structure) On the part of the forms
asking for the location of the sign, the six applications
described the location of the signs, respectively, as:
"Reinstated State Tag # AF 604-10"; "Reinstated State Tag # AF
605-10"; "Reinstated State Tag # A11 631-10"; "Reinstated State
Tag # AM 632-10tri "Reinstated State Tag # AI 288-10"; and
"Reinstated State Tag # AI 289-10." The applications .contained
copies of the permits previously issued by DOT for the operation
and maintenance of the subject sign structures, copies or
Landowner's permission and copies of City building permits for
the original construction of the sign structures.
14. Although the applications included copies of the city
building permits for the original construction of the sign
7
. '. "
structures, GOT knew that the City no longer considered the sign
structures to be legal under the City.s code. In 1989, the City
amended its code to place limitations on the size (height and
area) and concentration (one per lot) of signs in the locations
of the subject sign structures. The subject sign structures
exceeded at least some of the new limitations; however, the code.
amendment provided for a seven-year "amortizationll period, until
January 19, 1996, during which the signs would be permitted as
legal, non-conforming signs. At the end of th~ "amortization"
period, the signs no longer were legal under the City code.
15. Some of the information on National1s six applications
was incorrect or incomplete. But all of the incorrect or
incomplete information could easily have been remedied, and
nincorrect informationfl is not the real basis upon which DOT gave
notice of intent to deny the applications. The real basis for
the notice of intent was the illegality of the sign structures
under the City code.
16. On or about November 22, 1999, National filed,with DOT
a Petition for Reinstatement for each of the three signs (each
petit~on seeking reinstatement of the two permits for the two
advertising facings for each sign structure) under Section
479.07(8) (b)1-3,- Florida Statut.es (1999).
17. On January 31, '2000, DOT issued a Notice of Intent to
Deny Petition for Reinstatement as to each of the three such
petitions filed by National.
8
CONCLUSIONS OF LAW
18. National contends that its petitions for reinstatement
must be granted under Sections 120.60(1) and 479.07(4), Florida
Statutes (1999).
(All statutory citations are to the 1999
codification of the Florida Statutes unless otherwise specified.)
Section 120.60(1) I which governs the processing of an application
for a license, provides in pertinent part:
Every application for a license shall be
approved or denied within 90 days after
receipt of a completed application unless a
shorter period of time for agency action is
provided by law. The 90-day time period
shall be tolled by the" initiation of a
proceeding under ss. 120.569 and 120.57. An
application for a license must be approved or
denied within the 90-day or shorter time
period/within 15 days after the conclusion
of .a public hearing held on the application,
or within 4S days after a recommended order
is submitted to the agency and the parties,
whichever is later. The agency must approve
any application for. a license or for an
examination required for licensure if the
agency has not approved or denied the
application within the time p~riods
prescribed by this subsection.
Section 479.07(4) specifies a shorter, 30-day period for DOT to
act on a sign.permit. National contends that, because DOT did
not act on the petitions for reinstatement within 30 days, they
must be granted.
19. A sign permit clearly is a license under Section
120.52(9), and an application for a sign permit is governed by
the requirements of Section 120.60(1). But a petition for
reinstatement of a license is not an application for a license.
For that reason, Section 120.60(1} does not apply.
9
.i"
:.
20. National next contends that reinstatement is required
under Section 479.07(8) (b), which provides:
If a permittee has not submitted his or her
fee payment by the expiration date of the
licenses or permits, the department shall
send a notice of violation to the permittee
within 4S days after the expiration date,
requiring the payment of the permit fee
within 30 days after the date of the notice
and payment of a delinquency fee equal to 10
percent of the original amount due or, in the
alternative to these payments, requiring the
filing of a request for an administrative
hearing to show cause why his or her sign
should not be subject to immediate removal
due to expiration of his or her license or
permit. If the permittee submits payment as
required by the violation notice, his or her
license or permit will be automatically
reinstated and such reinstatement wil:l be
retroactive to the original expiration date.
If the permittee does not respond to the
notice of violation within the 30-day period,
the department shall, within 30 days, issue a
final notice of sign removal and may,
following 90 days after the date of the
department's final notice of sign removal,
remove the sign without incurring'any
liability as a result of such removal.
However, if at any time before removal of the
sign, the permittee demonstrates that a good
faith error on the part of the permittee
resulted in cancellation ornonrenewal of the
permit, the department may reinstate the
permit if:
1. The permit reinstatement fee of up to
$300 based on the size of the sign is paid;
2. All other permit renewal and delinquent
permit fees due as of the reinstatement date
are paid; and
3. . The . permittee reimburs~s the department
for all actual costs resulting from the
permit cancellation or nonrenewal.
In this case, National did not demonstrate that any "good faith
error" on its part resulted in cancellation or nonrenewal of the
subject permits.
(National also cited and argued the version of
the statute in the 1997 codification of the Flo~ida Statutesj but
10
differences betw~en the 1997 and 1999 versions are not
significant for purposes of this case.)
21. The evidence in this case was that DOT canceled the
subject permits in March 1995 because DOT no longer had
jurisdiction. Even if DOT's action induced National not to
oppose the cancellations, there was no proof that DOT's action in
canceling 'the permits was in error.
22. It also cannot be said that National's failure to renew
the permits ,at the end of 1995 was "good faith error." Once the
permit cancellations became final--as they did by expiration of
the time to request administrative proceedings under Section
120.57, Florida Statutes (1995)--there was'no longer anything to
renew. National would have had to apply for new permits at that
time.
23. As part of National's argument that it made a "good
faith error" in failing to renew the permits at the end of
December 1995, National attempts to assert that it still had
valid sign permits to renew because the revoked permits were ~aid
through December 31, 1995, and DOT still had jurisdiction over
the subject sign structures under the first sentence in Section
479.03: "The territory under the jurisdiction of the department
for the purpose of this chapter shall include all the state."
But Section 479.03 clearly references DOT's jurisdiction for
purposes of entering upon privately-ormned lands in the
performance of its functions and duties under Chapter 479. The
statute does not authorize DOT to require all signs in the state
to be permitted under Chapter 479. Besides, as previously
11
. . '1
4 ..~
stated, notwithstanding payment through Dece~~er 31, 1995, the
permits ceased to exist when their cancellations became final.
24. By the time DOT considered National's applications for
new permits, the Cityls seven-year amortization period had
expired. As a result, National's sign structures no longer were
legal, non-conforming signs under the City'S code. Section
479.15(1) provides:
No zoning board or commission or other public
officer or agency shall issue a permit to
erect any sign which is prohibited un~er the
provisions of this chapter or the rules of
the department, nor shall the department
issue a permit for any siqn which is
prohibited bv any other public board,
officer, or aqenCV in the lawful exer~ise of
its powers.- (Emphasis added.) -
Under this provision, National's applications for new sign
permits cannot be granted.
25. National argues that Section 479.15(1) does not apply
because DOT is required by Section 479.02(1) to administer
federal regulations which prohibit removal of a legal, non-
conforming sign during a local gove:enment I s "amortization" period
without just compensation. But, as both parties have agreed, the
"takingll issue and "just compensation" are not being decided in
this proceeding. Second, the City'S "amortization" period
expired on Janua~y 19, 1996; if' the subject sign structures are
required to be removed, they will not be removed during an
"amortization" period, when they would still be legal, non-
conforming signs.
26. Section 479.07(3) (b) provides in pertinent part:
Every permit application must be accompanied
by the appropriate permit fee; a signed
12
statement by the owner or other person in
lawful control of the site on which the sign
is located or will be erected, authorizing
the placement of the sign on that site; - and,
where local governmental regulation of signs
exists, a statement from the appropriate
local governmental official indicating that
the sign complies with 'all local governmental
requirements and that the agency or unit of
local government will issue a permit to that
applicant upon approval of the state permit
application by the department.
National argues that the new permit applications must be granted
because they were accompanied by valid building permits. . But, in
view of amendments to the City code since issuance of the
building permits in the early to mid-l980's, the building permits
no longer c~hstitute a "a statement from the appropriate local
governmental official indicating that the sign complies with all
local governmental requirements and that the agency or unit of
local government will issue a permit to that applicant upon
approval of the state permit appli'cation by the department. 1/
(Emphasis added.) To the contrary, the evidence was that the
subject sign structures do not comply with the City1s codes and
will not be permitted by the City. Under those circumstancesJ
the applications for new sign permits cannot be granted under -
section 479.07 (3) (b) .
27. National also argues that the new sign permit
applications must be granted as legal, non-conforming signs
because they were legal, non-conforming signs through January 19,
1996--after the date on which State Road 60, east of U.s. 19,
became part of the NHS (November 28,'1995). Section 479.07(9} (c)
provides:
~Nothing in this subsection shall be construed so as
to cause a sign which was conforming on October I, 1984, to
13
" .'r
become nonconforming." But the "subsection- referred to--
subsection (9)--sets out state spacing and size restrictions.
The exception set out in Section 479.07 (9) (c) does not. refer to
local requiremencs.
28. National also argues that the new sign permit
applications must be granted under Section 479.105(1), which
provides in pertinent part:
(1) Any sign which is located adjacent to
the right~of-way of any highway on the State
Highway System outside an incorporated area
or adjacent" to the right-of-way on any
portion of the interstate or federal-aid
primary highway system, which sign was
erected, operated, or maintained without the
permit ~equired by s. 479.07(1) having been
issued by the department, is declared ~to be a
public nuisance and a private nuisance and
shall be removed as provided in this section.
. * * *
(e) However, if the sign owner
demonstrates to the department that:
1. The sign has been unpermitted,
structurally unchanged, and continuously
maintained at the same location for a period
of 7 years or more;
2. At any time during the period in which
the sign has been erected, the sign would
have met the criteria established in this
chapter for issuance of a permit; .
3. The department has not initiated a
notice of violation or taken other action to
remove the sign during the initial 7-year
period described in subparagraph 1.; and
4. The department determines that the sign
is not located on state right-of-way and is
not a .safety hazard, the.sign may be
considered a conforming or nonconforming sign
and may be issued a permit by the department
upon application in accordance with this
chapter and payment of a penalty fee of $300
and all pertinent fees required by this
chapter, including annual permit renewal fees
payable since the date of the erection of the
sign.
14
!n this case, the subject sign structures have been "unpermitted"
only since March 1995. The exception found in Section
479.105 (1) (e) does not apply.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of
Law, it is
RECOMMENDED that Department'of Transportation enter a final
order denying National1s petitions for reinstatement and
National's applications for new sign permits.
- - c2
DONE AND ENTERED this ]t- d~y of April, 2000, in
Tallahassee, Leon County,
LAWRENCE J:
A ministrati
ivision of ministrative Hearings
The DeSoto Building
-1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
-Fax Filing (850) 921-6847
.www.doah.state.fl.us
Filed with the Clerk of the
Divisiondof Administrative Hearings
this 3~ day of April, 2000.
COPIES FUfu~ISHED:
Gerald S. Livingston, Esquire
Aileen Reilly, Esquire
Livingston & Reilly, P.A.
Post Office Box 2151
Orlando, Florida 32802
Kelly A. Bennett, Esquire
Department at Transportation
605 Suwannee Street
Haydon Burns Building, Mail Station-58
Tallahassee, Florida }2399-0458
IS
"
~ I 1
. ... .. .."
Thomas F. Barry, Secretary
Attention: James C. .Myers
Clerk of Agency Proceedings
Department of Transportation
605 Suwannee Street
Haydon Bu~ns Building, Mail Station 58
Tallahassee, Florida 32399-0458
Pamela Leslie, General Counsel
Department of Transportation
605 Suwannee Street
Haydon Burns Building, Mail Station 58
Tallahassee, Florida 32399-0458
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions 'within 15
days from the date of this Recommended Order. Any exceptions to
this Recommended Order should be filed'with the agency.that will
issue the final order in this case.
16
EXHIBIT E-2
i"l
;
~
STATE OF FLOlUDA
DEPARTMENT OF TRANSPORTATION
Haydon Burns Bnildlng
605 SuWannee Street
Tallahassee, FtorlcJ.a
NATIONAL ADVERTISING COMPANY,
Petition~ t
DOAD CASE NOS: 99-3!140T
99-3941T
99-394ZT
oO-no
00-721
.oo-m
DOT CASE NOS: 98-0017
98-0019
98-0018
00-02Z
vs.
DEPARTMENT OF TRANSPORTATION,
Respondent.
I
ORDER STA~G T.B:E REMOVAL OF OUTDOOR ADVERTISING SIGNS
Petitioner, NAnONAL ADVERTISING COMPANY (hereinafter NATIONAL),
. .
. .
filed three (3-) Petitions for Administrative Hearing in' response to tilree (3) Notices of Denied .
Application (Notices) issued by the Respondent, DEPARTMENT OF TRANSPORTATION
(hereinafter DEPARTMENT). The matters were referred tq the Division of Administrative
Hearings, an. administrative hearing was held, the Administrative Law Judge issued a
Recommended Order. and the DEPARTMENT'S Final Order dated June 30. 2~. adopted
the majority of the Recommended Order. including the recommendation that NA TIONAIlS
applications and requests for reinstatement of its sign ~ be denied.
On JlUlo 26, 20~, prior to the issuance of the Final Order. NATIONAL filed a motion
requesting that the DEPARTMENT stay the issuance of the Final Order in this matter-While
the DEPARTMENT denied the Motion for Stay of Entry of a Final Order, the Final Order
Page 1 of 6
EXIllBIT E-2
JU-,--&"'-"'1Q &iiiilJI..G.15;f ..----...........---... ......--.....--...
",,",U'.w. ..:J/Q
deemed. it to be a motion to stay the removal of the subject outdoor advertising signs. and
agreed to consider it as a request to stay removal of lhe subject signs. As a basis for its
motion, NATIONAL asserted that the A.dministrative Law Judge's Recommended. Order, and
the DEPARTMENTS anticipated Fin3I Order were predicated on actions of the City of
Clearwater. which NATIONAL asserts are illegal, According to NATIONAL~ the pwported
illegal actions of the City of Clearwater are the subject of litigation in circuit CQurt in 'Pinellas
County. Florida.
The factual background which led to the: proceedings betWeen the DEI>ARTMENT and
. NATIONAL began. with action by the federal government which caused State Road 60. in
Pinellas County. to become a jurisdiCtional roadway for pmposes of the DEPARTMENT'S
obligation to regnlate outdoor advertising,' Subsequent to tba1 action, the DEPARTMENT
. .
informed all sign owners adjacent to the subject roadway that their signs now required a State
Outdoor Advertising PeImit. The sign O"WlleIS were advised to apply for said permits.
NATIONAL, submitted outdoo~ advertising permit applications to the
DEPART1'v!ENT for three (3) billboard structures (six (6) permits). The DEPARTMENT
subsequently denied the applications because NATIONAL could not provide the requisite
approval of me appropriate local government as required by Section 47~.07(3)(b), Florida
Stamtes. NATIC)NAL requested an adm.inistrarlve hearing on !be matters. At the
administrative h~g two issues were raised. For purposes ofNATlONAL'S motion. the
first issue is relovant: whether the proposed sign locations are permittable. pursuant to
Chapter 479, Florida StatuteS. At the adminimrative proceeding, it was detennined that:
1. The signs which are the subject of these proceedings are within the
Page 2of6
DEPARTMENttS jurisdiction with respect to the regulation of outdoor advertising.
2. The subject signs arc located adjacent to State Road 60 (Gulf.to.Bay Boulevard), .5,
A,'and.3 miles east of US 19 (Highland Avenue).
3. The DEPARTMENT notified NATIONAL that State Road 60, east of US 19 had
become a part of the National Highway System and that all signs adjacent to that roadway were
. .
required to be ~tted pursuant to Chapter 479, Florida Statutes',
4. Signs could be permitted so long as the a.pplicant met the procedural requirements
(e,g., filed a <;amplete and accurato application) re&ard1ess of whether they met requirements
for physical charac:teristic (e,g., spacmg).
5. App1ications were required to comply with Section 479.07(3)(b). Florida Statutes
(1997). which rcqn.ires every permit applicatioIl to be accompanied by, among other things.. a
statement from the appropriate local governmental. official indicating that the sign complies
-
with allloca.l governmental requirements.
6. At the time NATIONAL'S applications were tiled with the DEPARTMENT, the
City of Clearwater, the appropriate local govermne:nt, had provided the DEPARTMENT with
i!\foc:mation which stated that the subject signs were not in compliaI1ee with aU local
government regulations,
7. At the time of the DEPARTMENTtS review ofNATIONAVS applications, the
subject locations were not pennittable.
Becaus~ NATIONAL'S signs are not permittable due to a lack of local government
ce:rti:fication, NATIONAL'S permits were denied and the propriety of those actions were
. .
upheld by the AdmiIristrative- ~w Judge after the fonnal hearing. The DEPARTMENT'S
Paga30f6
~'Q
. Final Order adopting the recommendation of the Administrative Law Judge that
NATIONAL'S application for permits and for reinstatement was entered on June 30, 2000.
Because the baseS for the lack ofIocal government approval are at issue in the circuit
conn case between NATIONAL and the City of Clearwater, the DEPARTMENT has.
considered the argument that removal of the subject signs at this time is premature. As such,
due [0 PinelIas COunty CIrcuit COurt Case No. OO-3~CI-llf National Advertisin!! C01tlPaI\YJ
a Florida COl1'OraYQ!l VS. City of Clearwater. a Florida Municipal COIJ'oration. the
DEI> ARTMENT sball stay the removal of tJ?e subj~ signs $t1bject to the conditions set forth
herein. As a condition of the stay. NATIONAL shall provide to the DEPARTMENT a
written status. report of the subject litigation ev~ ninety (90} days. Each required statuS
report ~l be tiled with the DEPARTMENT'S Clerk of Agem;y Proc-iings and a copy'shall
. .
be provided to the DEPARTMENT'S State Outdoor Advertising Adnrlnistrator and to counsel
of record for the DEPARTMENT. .I11 the event that NATIONAL fails to provide adequate or
timely status reports; or if the DEPARTMENT determines that the stay should not remain in
effect. the DEPARTMENT will no~ NATIONAL of its intended action. NATIONAL shall
re.move the subject signs within. ten (10) days' of the. date of the DEP~TMENT'S notice or
. .
the DEPARTMENT will remove the signs and the cOstS and fees, including reasonable
attorney's fees and other reasonable costs associated with any litigation regaIding the removal
of the signs, shall be assessed against NATIONAL.
In the event NATIONAL concludes that it ca.nnotabide by the conditions of this Order.
NA rrONAL .may file a motion within. ten (10) days of the dale: hereof witlidrawing its motion
for stay and the DEPARTMENT will enter an order vacating the stay herein granted. Failure
Page 4 of 6
of NATIONAL to withdraw ~ motion ~ result ~ this order being in full force and effect
untiUiIrther order of the DEPARTMENT.
Based upon the foregoing, it is hereby
ORDERED that the motion of Petitioner, NATIONAL ADVERTISING
COMPANY, to Stay EntrY, of a Final Order. deemed to be a motion to stay removal of the
outdoor advertising signs addressed in the foregoing proceeding, is hereby granted subject to
the conditions herem imposed. It is ~
ORDERED that if the conditioD$ ofthehcrein imposed stay are not met by Petitioner,
NATIONAL ADVERTISING COMPANY, the Respondent, DEPARTMENT OF
TRANSPORTATION, shall so notify NATIONAL and said signs shall be removed by:
. .
NATIONAL within ten (10) days of the date of the DEPARTMENT'S notice. It is further
ORDERED that Should Petitioner, NATIONAL ADVERT1Si:NG COMPANY, fail
to remove the subject signs ~ ten (lO) ~Y$ oftJie notice, the signs and all associated
debris will be removed by the DEPARTMENT or its contractor and all costS of the signs'
removal and clearing of debris are hereby assessed against Respondent, NATIONAL
ADVERTISING COMPANY.
I aQ;::'
DONE AND ORDERED this ~ day of July, 2000.
~&-~I~'\~'V
C'\.JHOMAS F. BARRY. . P.B.
~ Secretary
Department of Transportation
Haydon Bums Building
605 Suwannee Street
Tallahassee, Florida 32399
g ~
~ p:::
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Page 5 of 6
Copies furnished to:
Kelly A. Bennett
Assistant General Counsel
Departm.ent of Transportation
Haydon Burns Building, M.S. 58
60S Suwannee Street
Tallahassee. Florida 32399-0458
Gerald S. Livingstoll. Esquire
Aileen Reilly, Esquire
Livingston & Reilly, P.A.
612 East Colonial Drive, Suite 350
Post Office Box 2151
Orlando. Florida 32802
Juaniee Hagan
Assistant Manger, Right of Way
Department of TmlSpOI1ati.on
Haydon Berns BlliIding. M.S. Z2
605 Suw:m.nee Street
Tallahassee, Florida 32399
Lynn Holschuh
OUtdoor Advertising Administrator
Department of Transportation
Haydon,Bums Building, M.S. 22'
60S SUwannee Street
Tallahassee, Florida 32399
SUsan Rosetti . '
Outdoor Advertising Administrator t District VlI
Department of Transportmo~
'11201 North. McKinley Drive, M.S. 7-900
Tampa, Florida 33612--6456
Pa&o 6 of 6
.a....-._~4~~'"'S.J~
PAGE 7/6
EXHIBIT F
FORM 575-070-04
RIGHT OF WAY
OGC - 01105
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
APPLICATION FOR OUTDOOR ADVERTISING PERMIT
[A] APPLICANT INFORMATION: (If you currently hold a State of Florida outdoor advertising license or permits, please enter the name, address and account
number on file with the Department.) PLEASE TYPE OR FILL OUT IN INK. APPLICATIONS SUBMITTED IN PENCIL WILL BE RETURNED. For asslslance In
completing this form, please call (850) 414-4545.
1. Name of Applicant or Company:
2. FOOT Account Number:
3. Address of record (for billing purposes and legal notices):.
City: State:
4. Mailing address for permit tag (if different from above):
5. Telephone #: Fax#:
(If new account, leave blank. The Department will assign an Account Number)
ZipCode:
E.Mail:
[B] SIGN LOCATION INFORMATION:
1. County: 2. Section: Township: Range:
3. Within city limits? DYes DNa. If "yes," name of municipality:
4. Property Tax ID#: Do you D own or D lease site? If lease, land owner:
5. 0 Proposed 0 Existing sign: Location: State Road#: US Route#~ Local Name/Number:
D miles D feet ON DE Os Ow of (nearest intersection). Sign will be/is on the DN DE Ds DW side of the
highway, facing ON DE Os Ow
6. Distance of closest part of sign to edge of state right of way: feet.
7. Local Address (if applicable):
8. Method of marking sign location: 0 Stake/flag DPainted pavement OOther (please describe):
[C] SIGN DESCRIPTION:
1. Facing height: Facing width: Total Sq.FI.:
3. Height Above Ground Level: 4. Sign structure height:
6. Material used for: Facing: Support(s):
7. Configuration: 0 V-shape 0 Back-to-Back 0 Single facing
8. Will sign be lighted? 0 Yes 0 No If yes, describe lighting:
9. Is this an application for RELOCA.TION as the result of a Departmental highway project?
If yes, Tag number(s) of permit(s) to be relocated:
10. Will cutting, trimming or removal of vegetation from State right of way be required to create a viewing zone for this sign? 0 Yes 0 No
If the answer is "Yes," a Management Pian must be approved by the Department and the permits for tvJo nonconforming signs cancelled.
If the answer Is "No," In the future, you will only be allowed to trim vegetation to maintain the view of the sign as It exists at the time the permit is granted.
Tag numbers of permits to be cancelled:
11. Is an existing permit being cancelled as a condition of issuance of this permit OTHER than for 9., or 10., above?
If yes, Tag number(s) of permit(s) to be cancelled:
NOTE: IF A PERMIT IS BEING CANCELLED FOR ISSUANCE OF A NEW PERMIT. SUBMIT THE CANCELLATION CERTIFICA.TION WITH THIS PERMIT
APPLICATION. FOR 10. or 11. ABOVE. THE EXISTING PERMIT WILL NOT BE CANCELLED UNLESS THE NEW PERMIT IS APPROVED.
12. Is application being submitted as the result of a Notice of Violation? 0 Yes 0 No
[0] NOTARIZATION AND CERTIFICATION
2. Changeable facing? 0 Yes
5. Number of poles:
ONo
DYes 0 No
DYes
DNo
I, . herby certify that the information gtven and the statement5 made In thIs application are true and that I have recelved, in writing,
permission from the landowner or other person In lawful possession of the site to erect an outdoor advertising sign at the location designated In the application. I understand that
submission offal.e or misleading information on this application. or any other violation 01 Chapter 479. Floride Statutes, or Chepter 14-10, FAC" unless corrected within 30 days of
not1ficatlon by the Department, win result in revocation of this permit. I further understand that the metal pennillag musl be posted at the sfgn site within 30 days of issuance and the
completed sign as dascribed in this application must be built within 270 days of pennil issuance or the pennllls VOID.
Position in Company. if applicable
Signature of Applicant
Sworn and subseMbed before me this _ day of
(Name of Affiant). S/hels personally known 10 me or has produced
,20
By
as identification.
State of
Signature of Notary:
My Commission Expires:
Notary's Printed Name:
REQUIRED ATTACHMENTS: Application will be returned as Jncomplete If the following required attachments are not submitted with the application (see
instructions): Landowner authorization; Location Sketch; Local Government Zoning/Land Use verification; Local Government building permit (or equivalent);
photograph of site showing markings (per [B]7) and surrounding vegetation; Application fee. PLEASE NOTE: If you do not currently hold an Outdoor Advertising
License, it may be necessary for you to obtain one before a permit can be Issued.
EXHIBIT F
FORM 57~7tHl4
RIGHT OF WAY
OOC-01/05
FLORIDA DEPARTMENT OF TRANSPORTATION
RE:
Application for outdoor advertising sign permit
To be completed'by applicant:
Name of Applicant or Company:
Sign is: 0 existing D proposed
County: Municipality, if applicable:
Highway Name & Number:
Sign location description:
Section: Township: . Range:
ParceIID#:
To be completed by appropriate zoning official:
Designation of parcel on the Future Land Use Map:
The primary land uses under this designation are:
Current zoning of parcel (from land Development Regulations):
The primary land uses under this designation are:
Is location within city limits: 0 Yes 0 No
If yes, name of city:
Please provide the name and telephone number of the person the Department may contact If additional information Is required:
Name:
Telephone#:
I certify that the above information reflects the designation of the parcel as it is shown on the current comprehensive plan
adopted pursuant to chapter 163, Florida Statutes, and that I am authorized to sign this form on behalf of the county/municipality
named above:
Signature of Local Government Official
Date
Printed Name and Title
Local Government Permission: Please complete the items below. You may submit another form of written statement indicating
that the sign complies with all local governmental requirements. For a proposed sign location. a copy of the building permit issued
by the local government may be submitted,
The outdoor advertising sign Identified in thl~ap~ljg~ierrement agreement .
Dls In compliance with all db/Ii adgfltsd IgCil grdinanc~ii and has been or will be issued the necessary permits.
Dls not in compliance with local ordinances, but is legally existing as a non-conforming sign,
Dls not in compliance with local ordinances and is/would be considered to be an illegally maintained structure.
Signature of local Government Official
Date
Printed Name and Title
INSTRUCTIONS FOR COMPLETING
APPLICATION FOR OUTDOOR ADVERTISING SIGN PERMIT
All items on Page 1, Parts [A} through [0] must be filled In and all required attachments submitted. Applications must be typed or filled out in
ink. Applications filled out in pencil will be returned. Only completed applications will be reviewed; incomplete applications will be returned to the
applicant. Each sign facing (side of sign) requires separate permitting; each permit requires a separate application. A permit is valid only for the
location specified on the application form. For assistance, call (850) 414-4545.
Prohibited signs - Before making application for an outdoor advertising sign permit, check Chapter 479, Florida Statutes, and Administrative
Rule Chapter 14-10, to ensure sign meets all requirements. Any sign not complying with the law will not be permitted. Furthermore, Department
of Transportation approval is subject to compliance with all applicable local governmental regulations.
PART [A] (Applicant Information):
1. Name of Applicant or Company: person or business entity in whose name the permit will be listed. This will be the name used by the
Department for all billing notices, violation notices, and any correspondence from the Department to you. If you already have an outdoor
advertising account with the Department, use the name currently on file (account Name of Record).
2. FOOT Account Number: All persons/business entities which currently hold a DOT outdoor advertising license or permit have been
assigned an account number. If you are a new account (I.e., you do not have a current Outdoor Advertising License or permit(s) with the
Department) leave this item blank. An Account Number will be assigned to you.
3. Address of Record: this will be the address used by the Department for all billing notices, violation notices, and any correspondence from
the Department to you. [For existing accounts, this address must be the same as the address currently on file with the Department or the
application will be returned for correction.l
4. Mailing address for permit tag: permit tag will be mailed to the address of record (3., above) unless this item is completed.
5. Enter Telephone#, Fax#, and E-mail address, as applicable.
PART [B] (Location Information):
1. County: the county in which the sign will be located.
2. Section, Township and Range: for the property on which the sign is or will be located. Within city limits?: indicate whether location Is
within an incorporated are. If "Yes," indicate municipality.
3. Property Tax 10#: the parcel identification number of the land on which the sign is or will be located. This information may be obtained
from the county Property Appraiser's office. Indicate whether you are the property owner or if you lease this site. If lease, enter the name of
the property owner.
4. Location: Indicate whether the location is for a Proposed sign or an Existing sign. The location description should follow this format:
located on SR001 (State Road#), US002 (US Route #);Palm St. (local street name of number sign is or will be located on), 200 0 miles.
feet x [Northl (designated direction of travel- N.E.S.W.) of Main Avenue (Nearest intersection). Sign will be on the xrEastl side of the
highway, facing x rSouth]. The designated direction of travel (N,E,S, or W) from the nearest intersection must be given in relation to the
designated direction of travel of the route on which the sign will be located (i.e., North-South for odd numbered routes, East-West for even
numbered routes). The side of road (N,E,S, or W) is given in relation to the direction of travel. The direction the sign will face is the
principal direction (N,E,S, or W) of the sign facing in relation to the direction of travel of the route.
5. Distance of closest part of sign to edge of right of way: give the distance (to the nearest whole foot) from the edge of state right of way
to the portion of the sign closest to the road.
6. Local address: if applicable, enter the street address of the sign location (e.g.. 111 State St.).
7. Method for marking location: to ensure that the location inspected is that specified in the application. you must mark the proposed sign
locatlon with easily visible markings. Identify the markings used. The markings must be in place prior to submission of the application and
remain in place 30 days after the Department's receipt of the application.
PART [C] (Sign Description):
1. Facing height, width and total square feet: these measurements are taken to the nearest whole foot and include border, trim, and all
embellishments. Total square feet height times the width.
2. Changeable facing?: indicate whether the sign will incorporate an automatic changeable facing (such as tri-vision or LED display).
3. Height above ground level: this measurement is taken, to the nearest whole foot, from the ground to the bottom of the lowest sign face.
4. Sign structure height: this measurement is (to the nearest whole foot) the total vertical distance from the elevation of the crown of the
road to the top of the highest sign face, including any border or trim, but excluding embellishments.
5. Number of poles: the number of supports for the sign.
6. Material used for: enter the materials used for the sign facing and the sign supports.
7. Configuration of sign: indicate whether completed sign will be V-shaped, Back-to-Back, or Single faced. If single faced, please indicate
whether there will be more than one face, either stacked or side-by-side.
8. Will sign be lighted?: if "Yes; describe how sign will be lighted.
9. Is this an application for RELOCATION as the result of a Departmental highway project?: Indicate whether the appllcation is being
submitted due to a Departmental eminent domain proceeding.
10. Will cutting or trimming of vegetatron on Department right of way be required?: if "Yas," you must obtain a vegetation management
permit from the Department before the sign permit appllcation can be approved. Enter the permit tag numbers of the two nonconforming
signs to be cancelled. If "No," in the future. you will only be allowed to trim vegetation necessary to maintain the view of the sign which
exists at the time of permit issuance.
11, Is an existing permit being cancelled as a condition of issuance of this permit other than for vegetation management?: if "yes:
enter perm~ number(s) of permit(s) to be cancelled. (See [C9] for vegetation management)
12. Is application being submitted as a result of a Notice of Violation?: If you have received a Notice of Violation for an illegal sign at this
location, you should answer "yes" to this question.
IF EXISTING, VALID PERMITS ARE BEING CANCELLED AS A CONDITION FOR THE ISSUANCE OF A NEW PERMIT, FOR EITHER 10.
OR 11., ABOVE, THE CANCELLATION CERTIFICATION SHOULD BE SUBMITTED WITH THIS PERMIT APPLICATION.
PART [0]: This portion of the application must be executed and notarized.
REQUIRED ATTACHMENTS: This application for an outdoor advertising sign permit will be returned to you as lncompletes if Parts [A) through
[OJ of the application are not completely filled in or if any of the following attachments are not submitted: .
a. A signed statement by the owner or other person in lawful control of the proposed sign site authorizing placement of the sign at that
location. If you have indicated that you are the landowner ([8]6), you do not need to submit this authorization.
b. A sketch of the proposed sign location showing, at a minimum. the information submitted in Part [8J, 4.&5., of the permIt application.
Please also show the orientation of the sign facing. Include any additional information which may make the site easier to locate, e.g.,
local roads, landmarks, businesses, distance from other permitted signs, driveways, etc.
c. A statement from the appropriate local government official identifying the land use designation on both the Future Land Use Map and
the current Land Development Regulations of the parcel on which the sign is or will be located, and listing the primary uses allowable
under those designations. The name of the appropriate official whom the Department may contact with any questions must also be
supplied. You may use Page 2 of this application or any other form of written statement from the appropriate local governmental official
provided all required information is supplied.
d. Verification that a building permit will be issued for a new sign, or that the existing sign complies with all local government regulations
as either a conforming or nonconforming structure. You may use Page 2 of this application or any other form of written statement from
the appropriate local governmental official provided all required information is supplied.
e. A photograph of the proposed sign site Showing the location markings and the surrounding vegetation; and
f. The correct permit fee. If an Application for Vegetation Management at Outdoor Advertising Sign is submitted, you must submit a
separate check for that application.
PERMIT FEES:
1. THE PERMIT FEE IS $44.00 FOR A SIGN FACING (SIDE OF SIGN) OF 200 SQUARE FEET OR LESS; $64.00 FOR A SIGN FACING GREATER THAN
200 SQUARE FEET. EACH SIGN FACING REQUIRES A SEPARATE PERMIT.
2. PERMIT FEES FOR TI-IE YEAR IN WHICH APPLICATION IS MADE MAY BE PRORATED BY PAYING ONE-FOURTH OF THE ANNUAL FEE FOR
EACH WHOLE OR PARTIAL QUARTER REMAINING IN THAT YEAR. APPLICATIONS RECEIVED AFTER SEPTEMBER 30 MUST INCLUDE THE FEES
FOR THE LAST QUARTER PLUS FEES FOR THE FOLLOWING YEAR. (SEE CHART BELOW.)
18t Qtr. 2nd Qtr. 3rd Qtr. 4th Qtr.
October 1 through
Jan. 16 through April 15 April 16 through July 15 July 16 through January 15
September 30 (includes next year fees)
200 Sq.Ft. or less $44.00 $33.00 $22.00 $55.00
Greater than 200 Sq.Ft. $64.00 $48,00 $32.00 $80.00
Payment may be made by personal or business check. money order, or cash. Make check or money order payable to the Department of
Transportation. Credit cards will not be accepted as payment. It is suggested that you submit separate checks for each permit applied for.
SUBMISSION OF APPLICATION: Submit the application (Parts [AJ through [0] completed) and all required attachments to the Florida
Department of Transportation. 605 Suwannee Street. Mail Station 22. Tallahassee. FL 32399-o450.
APPROVAL OF APPLICATION: every completed application shall be acted on by the Department within 30 days after receipt by the
Department. Upon approval of the sign location and application, a copy of the permit and the permit tag will be mailed to the applicant. If
not approved, the Outdoor Advertising Office will notify the applicant, in writing, stating the reason(s) for the denial.
PERMIT TAGS: upon approval of the application for a sign permit, the applicant will be furnished a serially numbered permanent metal permit tag, which
must be displayed at the permitted location at all times unlll returned to the Department for cancellation. THE PERMIT TAG MUST BE POSTED AT THE SIGN
LOCATION WITHIN 30 DAYS OF ISSUANCE BY THE DEPARTMENT, AND A COMPLETED SIGN ERECTED WITHIN 270 DAYS FROM THE DATE OF PERMIT ISSUANCE OR THE
PERMIT WILL BECOME VOID BY ACTION OF LAw. A PERMITTEE WHO HAS NOT POSTEO THE PERMIT TAG AT THE LOCATION WITHIN THE PRESCRIBED 30 DAYS MUST
APPL YTO THE DEPARTMENT FOR A NEW PERMIT. A PERMITTEE WHO HAS NOT ERECTED A COMPLETE SIGN, INCLUOING DISPLAYING AOVERTlSING COPY, WITHIN THE
PRESCRIBED 270 DAYS MAY NOT SUBMIT ANOTHER APPLICATION FOR THAT SrGN SITE FOR AN ADDITIONAL 270 DAYS FROM THE DATE THE PERMIT IS DECLARED VOID.
~ IIHIHX~
To: City of Clearwater
c/o Office of the Clearwater City Attorney
Clearwater, Florida
AGREEMENT OF TRANSFEREE
Under this Agreement of Transferee, made this
day of
2005,
("Transferee") acknowledges and agrees
as follows:
1. Transferee acknowledges that
[National Advertising Company or the identity a/the successcr
in interest who own. the billboard stnu:ture(.) at the time a/this Agreement o/Transferee]
is transferring one or more of the billboard structure(s) to Transferee, which structures are
identified in Exhibit
attached hereto.
2. Transferee acknowledges that National Advertising Company and City of
Clearwater have entered into a settlement agreement dated as of ,2005,
which governs the billboard structure(s) and accompanying sign face(s). Transferee
acknowledges having received a copy of said settlement agreement and understands all of the
tenns, provisions, conditions, and limitations ofthat settlement agreement.
3. In consideration for receiving the benefits of the transfer of the structure(s) and
the accompanying sign face(s) and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Transferee agrees to be bound by all of the terms,
provisions, conditions, and limitations of that settlement agreement as the same may apply to the
billboard structure(s) and sign faces owned by the undersigned Transferee or in which the
FTL:1557647:1
EXHIBIT "G"
undersigned Transferee has an interest, including the condition that the undersigned Transferee
obtain the same agreement from any subsequent transferee.
Witnesses:
By:
Its
FTL;1557847:1
EXHIBIT H
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-3844-CI-ll
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation,
Plaintiff,
VS.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation, as successor in
interest to Lamar Whiteco Outdoor
COlporation,
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. OO-1939~CI-20
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal COlporation,
Defendant.
JOINT MOTION FOR ENTRY OF FINAL JUDGMENT
APPROVING SETTLEMENT AGREEMENT
The parties hereto, by and through their undersigned counsel, stipulate and agree as
follows:
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EXHIBIT "H"
1. That the parties have amicably settled their differences herein, their settlement
being embodied in a written Settlement Agreement duly approved and executed by both parties.
2. That the Court shall enter an Stipulated Final Judgment Approving Settlement
Agreement, in the fonn attached hereto as Exhibit A.
STIPULATED AND AGREED to this
day of
2005.
Respectfully submitted,
RUDEN, McCLOSKY, SMTlli,
SCHUSTER & RUSSELL, P.A.
Attorneys for National Advertising Company
200 East Broward Boulevard, 15th Floor
Post Office Box 1900
Fort Lauderdale, Florida 33301
(954) 764-6660; Fax (954) 764-4996
By:
GLENNN. SMITH
Florida BarNo. 165334
STIPULATED AND AGREED to this
day of
2005.
ROGERS, TOWERS, BAILEY, JONES & GAY
Attorneys for Pinellas County
1301 Riverplace Boulevard
Suite 1500
Jacksonville, Florida 32207
(904) 398-3911; Fax (904) 396-0663
By:
WILLIAM D. BRINTON
Florida Bar No.
FTL:1557786:1
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-3844-CI-ll
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation,
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation, as successor in
interest to Lamar Wlliteco Outdoor
Corporation,
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-1939-CI-20
Plaintiff,
VB.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
STIPULATED FINAL JUDGMENT APPROVING
SETTLEMENT AGREEMENT
This cause came before the Court on the parties' Joint Motion for Entry of Final
Judgment Approving Settlement Agreement. The Court has reviewed the said Joint Motion, the
FTL:1557837:1
parties' Settlement Agreement and has been otherwise duly advised in the premises. Thereupon,
it is the Final Judgment of this Court as follows:
L That the Court hereby accepts and approves the Joint Motion for Entry of Final
Judgment Approving Settlement, and the terms thereof are incorporated herein by reference.
2. That the parties' Settlement Agreement, a copy of which is attached hereto as
Exhibit 1, is hereby accepted and approved by this Court and made a part of this Final Judgment
by reference.
3. That this cause be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
4. That the Court retains jurisdiction solely for the purpose of enforcing this
Stipulated Pinal Judgment Approving Settlement Agreement and the parties' Settlement
Agreement.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this
day of
2005.
CIRCUIT COURT JUDGE
Copies furnished to:
Glenn N. Smith, Esq.
Ruden, McClosky, Smith,
Schuster & Russell, P .A.
Attorneys for National Advertising Company
ZOO East Broward Boulevard, 15th Floor
Post Office Box 1900
Fort Lauderdale, Florida 33301
(954) 764-6660; Fax: (954) 764-4996
William D. Brinton, Esq.
Rogers, Towers, Bailey, lones & Gay
Attorneys for Pinellas County
1301 Riverplace Boulevard
Suite 1500
Jacksonville, Florida 32207
(904) 398-3911; Fax: (904) 396-0663
FTL:1557837:1