12/15/2005
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City Council Agenda
Date: 12/15/2005 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
5 Presentations:
5.1 Proclamation - Prosperity Campaign
5.2 Presentation - Memorial Causeway Bridge Plaque
6 Approval of Minutes
6.1 December 1, 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 City of Clearwater FY2004-2005 Consolidated Annual Performance and
Evaluation Report (CAPER).
8.2 Approve the applicant's request to vacate the 30-foot utility easement retained over the
vacated street right-of-way of State Street located between Lots 9 and 20 of E. A.
Marshall's, (a.k.a. 1390 Sunset Point Road), and pass Ordinance 7570-06 on first
reading, (VAC2005-20 Pathways Community Church). (Withdrawn by Applicant)
8.3 Approve the applicant's request to vacate portions of Second Avenue South and Third
Avenue South more particularly described in the ordinance, for property located 2695
Chautauqua Boulevard, and pass Ordinance 7574-06 on first reading, (VAC2005-21
Rottlund Homes of Florida, Inc.),
8.4 Approve the applicant's request to vacate the 15-foot storm sewer easement lying in
part on property located at 18860 U.S. Highway 19 and more particularly described in
the ordinance and pass Ordinance 7572-06 on first reading, (VAC2005-18 Bay Park
Executive Center, LLC.).
9 Quasi-judicial public hearings
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case, including its testimony and exhibits. Witness may be
cross-examined (15 minutes).
Staff presents further evidence. May be cross-examined (10 minutes).
Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson
for others that have waived their time).
City Council discussion, and may question any witness.
Applicant may call witnesses in 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 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 1304 Springdale S1. (Lot 11,
Block C, Pine Ridge Subdivision in Section 10, Township 29 South and Range 15
East); and Pass Ordinances 7549-06,7550-06 & 7551-06 on first reading.
9.2 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 1321 Lynn Avenue (Lot 2,
Block 21, Fourth Addition to Highland Subdivision in Section 11, Township 29 South
and Range 15 East); and Pass Ordinances 7552-06, 7553-06 & 7554-06 on first
reading.
9.3 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 1830 Carlton Drive (Lot 7,
Block A, Carlton Terrace Subdivision in Section 5, Township 29 South and Range 16
East); and Pass Ordinances 7555-06, 7556-06 & 7557-06 on first reading.
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 1836 Carlton Drive (Lot 6,
Block A, Carlton Terrace Subdivision in Section 5, Township 29 South and Range 16
East); and Pass Ordinances 7558-06, 7559-06 & 7560-06 on first reading.
9.5 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 1842 Carlton Drive (Lot 5,
Block A, Carlton Terrace Subdivision in Section 5, Township 29 South and Range 16
East); and Pass Ordinances 7561-06,7562-06 & 7563-06 on first reading.
10 Second Readings - public hearing
10.1 Adopt Ordinance 7543-05 on second reading, amending Sections 6.21 and 6.31 (4),
Code of Ordinances, relating to alcoholic beverages and open alcohol containers.
10.2 Adopt Ordinance 7388-05 on third reading, amending the comprehensive plan of the
city 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.
10.3 Adopt Ordinance 7459-05 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 137 Fernwood Avenue, from
Institutional to Residential Medium.
10.4 Adopt Ordinance 7460-05 on second reading, amending the Zoning Atlas of the city by
rezoning certain real property whose post office address is 137 Fernwood Avenue,
from Institutional (I) to Medium Density Residential (MDR).
10.5 Adopt Ordinance No. 7449-05 on second reading, amending the Community
Development Code by amending Article 2, Zoning Districts; and amending Article 3,
Development Standards.
10.6 Adopt Ordinance 7541-05 on second reading, vacating the alleyway lying north of Lots
1 through 6, inclusive, and south of Lots 7 and 8, Earl and Tate's subdivision, together
with a five-foot alley lying along the west property line of Lot 11 of Earl and Tate's
subdivision, subject to a drainage and utility easement which is retained over the full
width of the five-foot alley.
10.7 Adopt Ordinance 7544-05 on second reading, vacating the utility easement retained
over the vacated portion of Northeast Cleveland Street lying between Lots 15 through
22, Block B, Bassedena Subdivision, and Lots 1 through 14, Block A, Bassedena
Subdivision.
10.8 Continue adoption of Ordinance 7564-05 on second reading, amending Ordinance
7515-05, which established the Clearwater Cay Community Development District
pursuant to Chapter 190, Florida Statutes, to correct Exhibit A., legal description to
January 19, 2006.
10.9 Adopt Ordinance 7571-05 on second reading, vacating the fifteen-foot sanitary sewer
easement lying within the west platted fifteen feet of Lots 11 through 14, inclusive,
Block C, Replat of Coachman Heights, and extended north through the south one-half
of vacated Haven Street.
City Manager Reports
11 Consent Agenda
11.1 Approve contract with Bank of America for Purchasing Card services and authorize the
appropriate officials to execute same. (consent)
11.2 Approve a 5-year renewal of the Lease Agreement with Head Start Child Development
and Family Services, Inc. ("Head Start or Lessee") for Lot 5, PENNSYLVANIA
SUBDIVISION, commencing February 1,2006 and terminating January 31,2011, in
consideration of receipt of $1.00 and Lessee compliance with the promises and
covenants contained therein, and authorize appropriate officials to execute same.
(consent)
11.3 Accept a Sovereign Submerged Lands Easement from the Florida Department of
Environmental Protection, for the Stevenson Creek Water Main Replacement project
(04-0037-UT) and the appropriate officials be authorized to execute same. (consent)
11.4 Award a contract for the Traffic Operations Storage Building (05-001 O-EN) to Grosz &
Stamper Construction, Inc. of Tampa, Florida for the sum of $305,632.80 which is the
lowest responsible bid received in accordance with the plans and specifications and
authorize the appropriate officials to execute same. (consent)
11.5 Approve a five-year lease agreement, with three five-year renewal options, to Metro
PCS, allowing Metro PCS to install six cellular telephone antennas on the city's north
elevated water tower located at 1580 Weston Drive, for an initial year fee of $30,000
and authorize the appropriate officials to execute same. (consent)
Purchasing
11.6 Medtronic Physio-Control, Redmont, Washington - Purchase seven (7) LP12
Defibrillators/monitors with printers and carrying cases at a cost of $144,999.46.
11.7 Jeffry Knight Incorporated, d.b.a.Knight Enterprises, Clearwater, Florida - Installation of
gas mains and services lines in Pine lias and Pasco Counties at a cost not to exceed
$995,000 during the period January 1, 2006 through December 31, 2006.
12 Other items on City Manager Reports
12.1 Approve updating the pooled cash investment policy and pass Ordinance 7569-06 on
first reading.
12.2 Approve modifying Chapter 32 and Appendix A as related to water, reclaimed water
and wastewater collection systems to support new regulatory requirements, initiatives
and operational procedures, to redefine passages that identify prior
organizational/operational responsibilities and titles, and to comply with the lnterlocal
Agreement with Pinellas County approved September 15, 2005 and pass Ordinance
7573-06 on first reading.
12.3 Award a contract to Westra Construction, Inc. of Palmetto, Florida for construction of
the Coronado Drive Improvements (03-0079-ED) in the amount of $9,850,253.22 which
is the lowest responsive bid received in accordance with the plans and specifications;
and approve a work order to Post, Buckley, Schuh & Jernigan, Inc. for construction
engineering and inspection services in the amount of $469,789.75.
13 City Attorney Reports
14 City Manager Verbal Reports
15 Council Discussion Items
16 Other Council Action
17 Adjourn
TO:
FROM:
SUBJECT:
COPIES:
DATE:
u
Interoffice Correspondence Sheet
Mayor and Councilmembers /::~J
Cyndie Goudeau, City Clerk ~
Follow up from December 12, 2005 Work Session
William B. Horne, City Manager
December 13, 2005
City Council Meeting 12-15-05: Agenda provided.
Aqenda
Minutes 6.1
Item 10.8
Item 12.2
(WSO) Pres. 3
Minutes from City Council Meeting 12-01-05: Item added to agenda and paperwork
provided.
Continue adoption of ORD #7564-05 on second reading, amending ORD #7515-05,
which established the Clearwater Cay Community Development District pursuant to
Chapter 190, Florida Statutes, to correct Exhibit A, legal description to January 19,
2006: Title was revised and new cover memo provided.
Approve modifying Chapter 32 and Appendix A as related to water, reclaimed water
and wastewater collection systems to support new regulatory requirements and pass
ORD #7573-06 on 1st reading: Ordinance was revised and provided.
PPC Presentation - Code Analysis: PPC packets of information will be provided
to you before the end of the week.
1 of 1
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Interoffice Correspondence Sheet
From:
Mayor and Councilmember7// ~
Cyndie Goudeau, City Cler {iJ~
Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin,
Asst. City Manager; Pam Akin, City Attorney
December 15, 2005
To:
CC:
Date:
RE:
Revisions to Agenda Packet for December 15, 2005
The following changes/additions are provided:
. Agenda (12-15-05) is revised: Revised Agenda provided.
. Item 11.2 - Approve a 5-year renewal of the Lease Agreement with Head Start Child
Development and Family Services, Inc. ("Head Start or Lessee") for
PENNSYLVANIA SUBDIVISION, commencing February 1, 2006 and terminating
January 31, 2011: Agreement provided to Senior Management Team Members.
. Item 11.3 - Accept a Sovereign Submerged Lands Easement from the Florida
Department of Environmental Protection, for the Stevenson Creek Water Main
Replacement project (04-0037 -UT): Agreement provided to Senior Management
Team Members.
Memo to Council for 12-15-05 CC Mtg - revisions.doc
City Council
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Tracking Number: 1,749
Actual Date: 12/15/2005
Subject / Recommendation:
Approve the City of Clearwater FY2004-2005 Consolidated Annual Performance and Evaluation
Report (CAPER).
Summary:
The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal
administrative report documenting the City's expenditures of Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) programs funds to the U. S.
Department of Housing and Urban Development (HUD).
The City of Clearwater FY 2004-2005 CAPER contains information on the City's assessment of
activities listed below:
Assessment of Three to FiveYear Goals and Objectives
Affordable Housing
Continuum of Care
Leveraging Resources
Affirmatively Furthering Fair Housing
Citizens Comments
Self-Evaluation
For FY2004-05 the City's allocations for the CDBG and HOME programs were $1,079,985 and
$577,115, respectively. The CAPER document serves as the basis for program monitoring for
compliance and for financial audits for all activities conducted during the FY2004-05 as outlined
in the FY2000-2005 Consolidated Action Plan for that program year. The report provides HUD
with necessary information for the Department to meet its requirement to assess each grantee's
ability to carry out relevant Community Planning Development (CPD) programs in compliance
with all applicable rules and regulations. It also provides information necessary for HUD's
Annual Report to Congress and it provides grantees an opportunity to describe to citizens their
successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their
Consolidated Planning document.
Through the programs covered under the CAPER over 27,521 persons were assisted through
Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing and
Economic Development programs. One highlight of our program sucess is that during the past
fiscal year twenty-five (25) homes were rehabilitated through our Housing Rehabilitation
program.
The City's Neighborhood and Affordable Housing Advisory Committee is scheduled to approve
the FY04-05 CAPER attheir meeting on December 6, 2005. The FY04-05 CAPER is due to HUD
no later than December 29, 2005.
Originating: Economic Development and Housing
Section Administrative public hearings
Category: Other
Public Hearing: Yes
Advertised Dates: 11/21/2005
L_____ __ _
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City Council
Cover Memorandum
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Annual Report
In Current Year Budget?
No
Budget Adjustment:
No
Review Approval
Geraldine Camoos
11-17-2005 13:44:46
Jav Ravins
12-05-2005 11 :42: 19
Cvndie Goudeau
12-09-2005 13:46:05
Bill Horne
12-09-2005 13:45:00
Cyndie Goudeau
12-09-2005 13:42:34
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CITY OF CLEARWATER
FY2004-200S
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER)
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Prepared by the
Economic Development &, Housing Department-
Housing Division
Howie Carroll, Michael Holmes, Earl Uchiyama, Terry Malcolm-Smith, & Heather Latham
--~-- -- - ---- -------~----~-- --~~ ----~ --~-~ - ------~ ---~ ----
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CITY OF CLEARWATER
CONSOLIDATED ANNUAL PERFORMANCE
AND
EVALUATION REPORT (CAPER)
FOR FISCAL YEAR 2004-2005
EXECUTIVE SUMMARY
The overall purpose of the federal Community Planning and Development (CPD) programs, as
stated in 24 CFR Parts 91, 92 and 570 of the Housing and Community Development Act, as
amended, (with programs funded through the Community Development Block Grant (CDBG)
and the HOME Investment Partnership (HOME) Programs) is to develop viable urban
communities by providing decent housing, a suitable living environment and expanding
economic opportunities principally for low to moderate income persons. The primary means
toward this end is to extend and strengthen partnerships among all levels of government and the
private sector, including for profit and non-profit organizations in the production and operation
of affordable housing and community development activities.
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Providing decent housing is one of the main objectives of these programs. Decent housing
includes such things as: retaining the existing housing stock by rehabilitating existing housing
units, increasing the availability of permanent affordable housing by building new affordable
rental and owner occupied units, providing down payment assistance, and assisting homeless
individuals and families. Another objective of the programs includes increasing public services
and public facilities in order to improve the safety and livability of neighborhoods as a suitable
living environment.
The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal
administrative report to document how effective the City of Clearwater has been in expending
CDBG and HOME funds towards meeting the objectives listed above. It serves as the basis for
program monitoring for compliance and for financial audits. It provides the U.S. Department of
Housing and Urban Development (HUD) with necessary information to meet its requirement to
assess each grantee's ability to carry out relevant CPD programs in compliance with all
applicable federal rules and regulations. It provides information necessary for HUD's Annual
Report to the U. S. Congress and provides grantees an opportunity to describe to citizens their
successes in revitalization deteriorated neighborhoods and meeting their objectives as stipulated
in our Consolidated Plan.
The City's FY2004-05 CAPER contains information on the City's assessment of activities and
accomplishments as they relate to the five-year goals and objectives of the 2000-2005
Consolidated Plan and activities carryout under our FY04-05 Action Plan. These include our
efforts to assist with affirmatively further fair housing, provide affordable housing, Continuum of
Care activities, leveraging resources, our citizens participation, and self-evaluation.
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11/30/2005
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ASSESSMENT OF FIVE YEAR GOALS AND OBJECTIVES
In July 2000, the City of Clearwater City Commission approved the FY 2000-05
Consolidated Plan for funding from the Community Development Block Grant Program
(CDBG), HOME Investment Partnership Program (HOME), and State Housing Initiatives
Partnership (SIllP) Program. In September 2000, the City's Consolidated Plan was
approved by the United States Department of Housing and Urban Development (HUD).
The five-year Consolidated Plan included three main key activities that included the
following:
1. Providing decent, safe, and affordable housing;
2. Increasing public services and facilities to lffiprove the safety of the
neighborhoods; and,
3. Expanding economic opportunities for low and moderate income people by
creating or retaining jobs or creating and/or expanding businesses in low to
moderate income neighborhoods.
The City has identified five (5) general strategies to provide affordable housing over the
Consolidated Plan period. They are to provide decent, adequate and affordable housing in
safe and desirable environments for:
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1. Renters
2. Homeowners
3. Homebuyers
4. Homeless, and
5. Non-Homeless with Special Needs.
Rental Strate2V
The strategy for Rental activities includes maintaining the existing rental housing stock
through rehabilitation, new construction, conversion, and providing additional funding for
acquisition/rehabilitation, to very low-income households so that housing costs, including
utilities, does not exceed 30% of their gross monthly income.
According to the Third Quarter 2004 report distributed by the Bay Area Apartment
Association (BAAA), the Clearwater Area (pIN2 Submarket) had a total of 13,651 rental
units in 65 developments, and 95% or 62 of the developments responded to their Bay
Area Apartment Survey. Overall occupancy rate in the submarket was 95.6%. The
average number of quarterly move-ins for this submarket was 32.4 and the average
number of quarterly move-outs was 27.9, yielding an average net gainlloss of 4.5 units per
development for the Third Quarter 2004.
According to the First Quarter 2005 report distributed by the Bay Area Apartment
e Association (BAAA), the Clearwater Area (pIN2 Submarket) had a total of 13,381 rental
FY04-05 CAPER - 11.29.05
units in 62 developments, and 97%, or 60 of the developments responded to their Bay
Area Apartment Survey. Overall occupancy rate in the submarket was 97.3%. The e
average number of quarterly move-ins for this submarket was 25.7 and the average
number of quarterly move-outs was 22.0, yielding an average net gain/loss of3. 7 units per
development for the First Quarter 2005.
In the BAAA First Quarter 2005 reported the average unit in the Clearwater Submarket
(pIN2) contained 972 square feet and had an average rent of $764. The overall rental
range is the lowest for efficiency units at $552 per month, increasing to $640 for one-
bedroom/one-bath, $701 per month for two-bed/one-bath, $743 for two-bedroom/one and
one-half bath and $820 per month for two-bedroom/two-bath units. Additionally, as the
average unit sizes increases to approximately 1,071 square feet or more, two-
bedroom/two-bath units average $820 per month, three-bedroom/two-bath units average
$966 per month, and three-bedroom/two and one-half bath units average $1,259 per
month. The highest average rental rate was reported in four-bedroom/two-bath units at
$1,338 per month.
The First Quarter 2005 report also noted the age of the rental communities. Of the 62
rental properties, 51.8% (6,930 units) were built 1979 and earlier, 33.3% (4,455 units)
were built 1980 - 1989, 14.9% (1,996) were built post 1990.
The Rental goal for the City was to facilitate the renovation and/or construction of four
(4) multifamily properties during this Consolidated Plan period.
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During this reporting period, the City of Clearwater allocated approximately $500,000 in
HOME to the Clearwater Housing Authority and we carried over our allocations of
$260,000 in HOME funds to Mt. Carmel Community Development Corporation and
$75,000 to Homeless Emergency Project.
The City allocated $185,000 in SlllP funds for the development of an eight (8) unit senior
rental community in the North Greenwood Neighborhood. The City has also allocated
$260,000 in HOME funds and $77,100 in HOME CHOO funds to Mt. Carmel CDC
during a previous reporting period. Due to the rapid rise in construction costs, the
planned rental community did not move forward. The project received only one bid in and
due to the small number of units, the project would not be able to cash flow and close the
gap in financing. Mt. Carmel CDC has now re-shifted their focus to development infill
homes in the North Greenwood Community. They are currently getting bids from builder
to develop homes on the lots that they currently own. The remaining allocation will be
used to acquire additional lots and also be used for down payment/gap financing for the
single family homes.
The City allocated $500,000 to Clearwater Housing Authority (CRA) for the
redevelopment of their Jasmine Courts property, which will be renamed Parkview Village.
The HOME funds will be allocated to the affordable, non-public housing units. CRA was
awarded 9% Housing Credits for this development, but to some unforeseen site e
FY04-05 CAPER - 11.29.05
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development costs that created a huge financing gap that could not be dosed, the housing
credits had to be returned to the State of Florida. Currently CRA is working on a number
of scenarios pertaining to the financing and restructuring of the proposed units.
CRA has demolished the old Jasmine Courts units. Their original plans were to construct
203 new multifamily units on the site in a mixed-income configuration. The second phase
of the redevelopment project called for up to sixty-six (66) single family and twenty-seven
(27) townhomes to be constructed on the site.
eRA Proposed Parkview Village
The City expended $150,000 in HOME funds to build an eight-unit single room
occupancy apartment building for Homeless Emergency Project (REP) that was allocated
during a prior reporting period. The total project cost was $440,000, with the owner
contributing $290,000 through a grant provided by the U.S. Department of Housing and
Urban Development (HUn). The project was completed during this reporting period and
held their Grand Opening on November 5, 2004. The City also allocated $200,000
during a prior reporting period for the construction of a new Thrift Store fore REP. The
Thrift Store was be completed by the end of 2004.
FY04-05 CAPER - 11.29.05
3
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Homeless Emergency Project - Transitional Housing
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Homeless Emergency Project - Thrift Store
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FY04-05 CAPER - 11. 29. 05
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Housio2 Strate2ies
The City of Clearwater implemented three basic strategies for assisting in the provision of
decent, safe and affordable housing. The strategies consist of:
· Homeowner rehabilitation - which include emergency repairs and disabled
retrofitting
· Down payment and closing cost assistance for homebuyers, and,
. Acquisition/rehabilitation/new construction
Beginning in FY 2000-2001, the City of Clearwater implemented its "Housing Pool".
Funds in the Housing Pool are used for down payment, closing cost assistance, lot
acquisition, rehabilitation and new construction. Primarily SIDP and HOME monies fund
the Housing Pool. Participants in the Housing Pool may draw upon these funds for
eligible activities. For larger developments, a non-profit and/or for-profit may be allocated
funds in a line of credit format, when funds are available. This allows for the development
of small infill projects as well as the acquisition of several single existing units for
rehabilitation and resale.
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Clearwater's Economic Development and Housing Department - Housing Division
oversees the activities of its subrecipient participants and administers the City's
rehabilitation and emergency repair program using CDBG, HOME and SIDP funds.
During the reporting period covered by this report we had two organizations that were
participating in our Housing Rehabilitation Program - Clearwater Neighborhood Housing
Services, Inc. and Homes for Independence, Inc.
The City made available a total $1,072,533(program income and annual entitlement) for
housing related activities in the Housing Pool during this reporting period. This amount is
comprised of $59,285 from CDBG funds, $243,803 in HOME funds, and $769,445 in
SIDP funds. The Housing Pool continues to be one of the most effective ways for our
housing partners to access funding for income eligible clients. The Housing Pool
participants submit a client case for City approval and once approved the City will
encumber those funds. Upon home closing the Housing Pool Participant will request
reimbursement of the funds the expended and their loan processing/developer fee(s). The
loan processing fees are not funded until we carefully reviewed the client file and have
determined that all necessary documentation has been obtain to verifY household income
and assets and to substantiate any rehabilitation that may have been done on the home that
was purchased.
State Housing Initiatives Partnership (SHIP) Program
-
In the 2005 SIDP Program Annual Report, which covered the period July 1, 2004 through
June 30, 2005, and included State FY02-03, FY03-04 & FY04-05 funds. The report was
submitted to the Florida Housing Finance Corporation in September 2005. The report
showed that as a result of its activities during this period, the total value of all activity was
FY04-05 CAPER - 11.29.05
5
$8.72 million dollars. This value was based upon the following:
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SlllP Funds Ex ended
ublic Funds Ex ended
$
$
$
$
$
2,619,647.02
1,720,503.56
4,110,892.00
271,056.71
8,722,099.29
Among the more notable accomplishments during this SIllP reporting period included
providing down payment and closing cost assistance to 51 families and the rehabilitation
of 40 homes. Additionally, the report showed another 11 pending cases for down
payment closing cost assistance and 11 rehabilitations.
According to the SHIP Annual Report, it stated that a total of $1,192,564.74 in total
revenues (allocation, program income and recaptured funds) were deposited into the Local
Affordable Housing Trust Fund during the FY04-05 State Fiscal Year. These funds were
generated through the following:
$ 820,106.00 e
$ 15,242.09
$ 185,514.32
$ 171,702.33
Total $ 1,192,564.74
Pinellas County Home Values
According to a press release issued by the Pinellas Realtor Organization (PRO) on July 6,
2005, residential real estate sales prices continue to increase substantially in Pinellas
County, For the year, a total of 11,477 residential units had been sold, a 29% increased
compared to the same period in 2004. There was a total of 1,461 single family units that
were sold during June, a 0.8% increase compared to June 2004. For the year, a total of
7,403 units sold, a 1.7% increase compare to last year. The median price of units sold
increased 17.4% to $251,700. There was a total of 711 Condos/Coops sold in June, a
4.7% increase compared to June 2004. For the year, a total of 4,074 units have sold,
representing a 15.7% increase compared to last year. The median sales price increased
23.5% to $172,900.
According to Paul Wikle, PRO's Chairman of the Board: "The numbers for June indicate
that The Golden Age of Real Estate continues. However, we remain concerned about an
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increase in "loose" lending practices by financial institutions, and the pre-construction
"flipping" trend is not sustainable. While speculation is perhaps the greatest risk facing the
real estate industry, the amount of pure speculation taking place in Pinellas County has not
yet been quantified. Therefore, it can be argued that speculative buying is not dominating
our local market. Pinellas County remains a very attractive locale for 2nd and 3rd -time
homebuyers, who are considered stable investors. At the same time, we are increasingly
concerned that a sufficient inventory of affordable housing is not available for our area's
workforce, especially teachers, firefighters and law enforcement officers. Of the residential
units that have sold so far this year, over 300;0 sold for $250,000 or more, a rather
compelling statistic. In 2002, just over 16.5% of units sold in this price range".
In speaking with Mike Mayo, PRO's Governmental Affairs Director, in October of this
year, they are starting to see substantial increases in inventory, especially as it relates to
the condo market. He stated that they have seen almost a 100% increase over the same
period last year, but they are also still seeing double-digit increases in condo sales prices.
Homeowner Strate2ies
The strategies for homeownership activities are listed as follows:
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1. Bringing housing up to standard (and modernize when possible)
2. Removal of architectural barriers
3. Demolition of units that prove economically infeasible to rehabilitate and provide
relocation benefits
4. Ensuring housing costs are in the general range of30% of household income, and,
5. Promoting energy efficiency and prevent loss of homes,
The five year (2000-2005) goal was to renovate 100+ housing units through the
Homeowner Rehabilitation Program, complete 25+ emergency repairs through the
Emergency Repair program, and retro-fit 25+ homes to make them more accessible for
physically challenged individuals through the Disabled Retrofitting Program.
Twenty-eight percent (28%) of the housing units in Clearwater are over 30 years of age.
To assist homeowners who need rehabilitation, the City offers loans through the Housing
Division and through the approved housing non-profits participating in the City's Housing
Pool. The loans are available to owner-occupied households with incomes that are very
low to moderate income, with a priority on very-low and low income households.
During FY 2004-05, the City made a total of twenty-five (25) rehabilitation loans with
CDBG, HOME and/or SHIP funds. CDBG funding was in the amount of $123,159 was
used for Rehabilitation administration.
The City continues to work with Largo Area Housing Development Corporation
(LAHDC) who has been in the predevelopment stages for a small niche infill subdivision in
e South Greenwood called Woodlawn Oaks, consisting of eleven (11) homes. The City has
FY04-05 CAPER - 11.29.05
7
set-aside $325,000 in SIDP funds to assist LAHDC with the infrastructure improvements _
for the proposed subdivision. LAROC announced the sale of the homes at this year's ..
HOPE Expo, and had all eleven homes sold within one week. They currently have a
waiting list for people wanting to live in the subdivision. The homes will be valued
between $160,000 and $170,000. The infrastructure is scheduled to begin be completed
in the early 2006 calendar year and all the homes should be completed by mid-2006.
Homebuver Strate2V
The strategies for homebuyers include providing housing counseling programs and
financial assistance to very low, low and moderate-income households with down payment
and closing cost assistance. Other strategies include: providing a means to finance the
cost of rehabilitation as part of acquisition, providing additional affordable housing units
to very low and low-income households, upgrading neighborhoods and encouraging
activities to promote safer neighborhoods.
A priority needs study identified the cost burden for owner households with cost burdens
greater than 300,/0 as a medium level priority for households below 50% of area median
income. It also shows a high priority of needs for households with a cost burden greater
than 50% whose income is between 51-80% of area median.
The 2005 Median Income for a family of four in the Tampa/St. Petersburg/Clearwater
Area is $52,150. Very-Low income for the same family of four would be $26,100 and _
Low income would be $41,750. ..
According to the most recent "2004 Out of Reach Report' published annually by the
National Low Income Housing Coalition, a family living in Pinellas County would have to
earn $15.48 an hour to afford a two-bedroom unit at the area's Fair Market Rent (FMR)
of $805 a month. That same family, if they were making Minimum Wage would have to
work 130 hours to afford that same two-bedroom unit at FMR. A household would have
to earn $32,200 to afford a two-bedroom apartment at FMR or $41,480 to afford a three-
bedroom at FMR. As we can see by this example there is a large gap between what a
very-low and low income household earn and what the costs are for housing. The
maximum monthly housing costs for a family of four who is very-low income (50% AMI)
would be $652 a month. A person who is working earning Florida's minimum wage, can
only afford to pay $320 a month.
While we can see that incomes have remain relatively flat over the past year, actually past
four years, we are still seeing modest, if not very high, rises in home values, combined
with increases in property insurance and gasoline prices. All these are putting an
incredible strain on the very-low to moderate income household.
The typical infill house that the City constructed during the past year averaged between
$150,000 and $160,000, including the lot and all associated soft costs.
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The five-year goal for homebuyers calls for assisting 50+ homebuyers per year with down
payment and closing costs assistance and assisting 100+ homebuyers to receive
educational services about purchasing a home.
The City offers several programs that help make housing more affordable to very-low and
moderate-income homebuyers. The City's Home Ownership Program will lend funds to
purchase land, provide down payment assistance, pay impact fees, disposition costs,
closing costs and build new homes for income eligible home buyers. Funds in this
program are also available to approved non-profit agencies financing their clients home
ownership needs. Currently these agencies include:
· Clearwater Neighborhood Housing Services, Inc.
. Community Service Foundation
. Homes for Independence
. Habitat for Humanity
· Largo Area Housing Development Corporation, and
· Tampa Bay Community Development Corporation.
The funds will also be leveraged against private sector financing to provide affordable
housing.
In addition to loans, housing education and counseling services were provided by four of
the City's Housing subrecipients through our Housing Education Pool funding. The City
provided a reimbursement of funds to Tampa Bay Community Development Corporation
(TBCDC) to administer their "Home Buyers Club" and their Homeownership Counseling
program. To Consumer Credit Counseling Services for budgeting and foreclosure
counseling. Community Services Foundation (CSF) for their "Partnership to
Homeownership" and "Homebuyer Education Program", and to Clearwater
Neighborhood Housing Services, for their Housing Education/Counseling program. All of
the education and counseling programs were funded through the SHIP program.
Over 652 individuals/families took part in the education/counseling services during this
reporting period. A total of 230 participated in both TBCDC Programs (Homeownership
Counseling and Homebuyer Education Programs), 156 participated in Community Service
Foundation's Partnership to Ownership and Homebuyer Education Programs, 50
participated in Clearwater Neighborhood Housing Services Programs, and a total of 24
participated and/or were counseled by Consumer Credit Counseling Services. Gulf Coast
Legal Services also provided Foreclosure Prevention counseling to 192 persons.
Homeless Strate2V
According to the most recent point-in-time Homeless Survey that was done in January
2005 by the Pinellas County Coalition for the Homeless, there 4,540 adults and children
who were homeless in Pinellas County on the day of the survey. Of that total the
following were surveyed:
FY04-05 CAPER - 11.29.05
9
. Men = 3,091 (68.1%)
. Women = 1,450 (31.9%)
. Adults = 3,632 (80.0%)
. Children = 908 (20.0%)
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15.5% of the homeless survey stated that they "mainly stay" in Clearwater. St. Petersburg
had the bulk with 55.5% stating that they mainly stay there.
Other issues that lead to homelessness include such things as:
. Substance Abuse
. Eroding Work Opportunities
. Free Will/Choice
. Poor Work Ethics
. Long Term Illness
. Welfare benefits Being Cut
. Lack of Education
. Decline in Public assistance
. Lack of Affordable Housing
. Reduction in Federally Supported Housing
. Closing of Mental Institutions
. Lack of Affordable Health Care
. Domestic Violence
. Mental Illness
. Institutional Releases
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The two biggest reasons cited for people losing their permanent place to stay were - "Not
Enough Income to Meet Basic Needs" (38.4%) and "Alcohol and Drug Problems"
(34.5%),
Strategies for the homeless included developing programs that meet the emergency
housing and supportive service needs of the homeless, including special sub-populations
and the street homeless.
Among some of the other strategies that the City has developed include:
. Identify "Best Practice" Continuum of Care providers and Support them
. Allocated SHIP, HOME, CDBG Funds to Homeless Housing
. Opposed "Scattered" Neighborhood Emergency/Transitional Housing Units
. Supported Downtown "Emergency" Care "Intervention" Facility CIflP
. Supported Downtown "Campus" for Transitional Housing/Permanent Housing
. Implement Downtown Homeless Outreach Team
. Create Tourist Base Downtown/Beach Ambassador Program
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. Implement a Sidewalk Maintenance Main Street Program
. Develop a Relationship with Salvation Anny
· Relocate Downtown St. Vincent DePaul Soup KitchenIThrift Center
· Support a North Pinellas County "Homeless Service Center"
. Support Combined Funding by Cities/County
. Increase Downtown Business Interface
. Apply for More HUn Funding
. Initiated a 10- Year Plan to End Homelessness Plan
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Over the past year the City has continued to collaborate with the Cities of St. Petersburg
and Largo, and with Pinellas County to develop the" 1 0- Year Plan to End Homelessness."
With this collaboration came the formation of the Homeless Policy Committee made up of
a cross section of public and private representatives from the entire county. The mission
of the Homeless Policy Committee is to Develop and implement a county-wide ten (10)
year strategic year plan to end homelessness. The Homeless Policy Group is a planning
body. The group provides credible information and policy direction on homeless issues
for the policy bodies represented on the Policy Group. The Policy Group has been
meeting on the first Friday of every month working towards developing the 1 0- Year Plan.
In addition, numerous subcommittees and workgroups have also been meeting to draft the
various elements of the plan. The plan is anticipated to be completed by the end of this
calendar year at which time, the members will bring it back to their respective governing
bodies and boards for their review and for the eventual adoption.
Listed below is the membership structure of the Policy Group:
.
· Two elected officials from each entitlement entity (Largo, S1. Petersburg,
Clearwater, Pinellas County (8 persons)
. Elected official from Tarpon Springs
. Elected official from Pinellas Park
. One business community representatives
· Faith based representative
· Non-profit representative
· Homeless Coalition representative re chronic homelessness
· One law enforcement representatives
. Consumer representative
. Institutional health care representative
· Community health care representative
. JWB representative
. Housing Authority representative
. United Way representative
. Foundation representative
. VA representative
· Two open seats
FY04-05 CAPER- 11.29.05
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The City provided CDBG & HOME funding to activities assisting the homeless in FY
2004-2005 - Clearwater Homeless Intervention Project (CIDP), Westcare of Florida
(:t7k/a The Mustard Seed) - Turning Point, Homeless Emergency Project and a general
category of "Homeless Activities".
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Westcare's - Turning Point program received $12,000 to cover administrative costs and
expended $11,674.48. The Turning Point is an inebriate receiving center that provides a
safe haven for both walk-in clientele and those who are picked up by law enforcement and
other agencies. The program provides food, temporary shelter, and counseling. After an
initial assessment, clients are placed in longer term housing and assisted in finding a job
and are provided other services as necessary. The facility has a capacity to handle 98
clients and two (2) staff The facility averages 56 beds and 10 clients on the floor.
Below are some statistics pertaining to the Westcare - Turning Point's operation during
the reporting period:
Male 144
Pemale 37
Total Annual Clients Served 181
The City funded the Clearwater Homeless Intervention Program (CIDP) in the amount of
$42,000 for operational support for a program that provides temporary shelter, food and A
clothing. The agency assisted 3,997 individuals during this reporting period. The ...
program requires participants to seek and retain employment and receive counseling in
order to stay at the shelter. Upon stabilization, clients are moved into transitional housing.
The City also allocated $116,250 in HOME funds for acquisition and development of a
transitional housing complex (Parkbrooke Aparments - shown below).
.
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Clearwater Homeless Intervention Project - Parkbrooke Apartments
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CHIP continues to work at acquiring additional property to develop additional transitional
housing properties and to expand their operations into a campus setting. The CHIP Day
Center was allocated $15,000, expended $13,547.67, and assisted 3,097 individuals.
CHIP also received $15,000 for their Emergency Shelter. Lastly, CHIP~s Transitional
Housing program received an allocation of $12,000, expended $11,902, and assisted 73
individuals.
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CHIP - Proposed Master Plan
FY04-05 CAPER - 11.29.05
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The Homeless Emergency Project (lIEP) received HOME funding in the amount of e
$75,000 to build a new kitchen and dining hall on their campus. The one that they were
using was a convert mobile home. HEP also received $12,000 for operational support of
their programs. In addition to short and long-term housing for the homeless, the HEP
provides job placement, medical, dental and psychological counseling (photo on next
page). lIEP is also in the process of constructing an additional 8 unit development for
transitional housing.
In all a total of $788,509 was allocated and/or expended to homeless needs in FY 2004-
2005. These allocations resulted in many homeless individual/families being provided a
place to live and get back on their feet and obtain other essential services.
Non-Homeless Strate2V
In 1991, the Area Agency on Aging conducted a service needs assessment to determine
which services were identified as most needed by seniors. Transportation for shopping
and medical appointments was reported as most needed. Following these two top
categories was information about services and programs, home delivered meals, help in
getting legal advice and house cleaning. The ability to provide in-home and community
services to seniors positively impacts their ability to live independently in the housing
environment of their choice. Since the elderly are no longer able to perform the more
strenuous chores for themselves and may lack the finances to hire help, homes become a
health and fire hazard. By providing these types of services the elderly may live
independently for a longer period of time.
.
According to the 2000 Census, in the City of Clearwater approximately 31 % percent of
the population are age 55 and older and approximately 21% are 65 and older.
The strategy for housing and supportive services for non-homeless persons with special
needs (the elderly, frail elderly, severe mental illness, developmentally disabled, physically
disabled, alcohol/other drug addiction and/or person with IllV/AIDS) include upgrading
existing and/or providing additional supportive housing and services.
In addition, the City will assist programs that provide services to marginally mentally
disabled residents with basic life skill programs to assist them in becoming self-sufficient.
The creation of self-sufficiency programs geared toward the specific challenges such as
attention deficit disorder, anger control and completion of education may accomplish this
objective. Other programs the City will address during the Consolidated Plan period
include the following:
· Programs to assist those entering the work force, such as corporate mentoring,
affordable childcare and transportation, and private sector mentoring programs
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. Programs to strengthen small businesses such as micro-lending programs, and
other small business support
. Programs for older teens, including after school programs, programs to assist in
encouraging them to stay in school, transitional living facilities for homeless youth,
street outreach programs, and maternity services
CDBG funds were provided in the amount of $30,000 to Pinellas Opportunity Council to
administer their "Chore Services" Program. Through this program various chore services
were provided to forty-eight (48) elderly, frail elderly, developmentally disabled and
physically disabled individuals to assist them in remaining in their home and not being
placed in a nursing home.
To further assist non-homeless individuals with special needs, the City provided funding to
Gulf Coast Community Care, and Personal Enrichment through Mental Health Services.
All of these agencies provide a vital function to individuals with special needs.
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Personal Enrichment through Mental Health Services provides facilities for individuals to
obtain mental health counseling. They also provide needed medicines for related mental
health illnesses. Gulf Coast Community Care provides counseling and other related
services for individuals with mv/AIDS. A total of $6,000 was provided to Personal
Enrichment through Mental Health Services for operational support who in turn assisted
163 individuals.
During this reporting period the City also provided funding in the amounts $19,840.27 to
Young Woman's Christian Association (YWCA) of Tampa Bay for operational support
and for improvements to their Hispanic Outreach Center in Clearwater. We also provided
$21,605 to Directions for Mental Health for improvements to their facility.
As a result of these expenditures, a total of20,129 individuals with special needs received
assistance.
NON-HOUSING OBJECTIVES
The City also listed other Non-Housing objectives in its five-year strategy. They include
eliminating slum and blighting influences in the City's Neighborhood Revitalization
Strategy Areas and the Community Redevelopment Area, as well as other areas in the City
experiencing slum and blight, and eliminating conditions that are detrimental to health,
safety, and public welfare. In addition, other objectives include:
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. The reduction of the isolation of income groups within the community,
· The alleviation of physical and economic distress through the stimulation of private
investment, and
· The establishment, stabilization and expansion of small businesses.
FY04-05 CAPER - 11.29.05
15
To encourage some of the activities over the Consolidated Plan period the City will
support activities that will: e
· Facilitate community and economic development within the North and South
Greenwood Area and the Community Redevelopment Area
· Assist not-for-profit agencies in expanding their programs and/or relocating
services to better serve the community
In the City's recently expanded Community Redevelopment Area and has recently
completed an updated Downtown Redevelopment Plan. The Plan will provide the
foundation and guidance for the City to eliminate the slum and blighting conditions within
the area.
The updated Downtown Redevelopment Plan reflects Clearwater's desire to reclaim its
traditional downtown and make it the center and heart of the City. There are several good
reasons that downtown revitalization is important to all Clearwater citizens. First, every
city should have a unique place that fosters community interaction and fun, Downtown
should and can be that place for Clearwater residents and tourists alike. Second,
Downtown Clearwater is a reflection of how our forefathers lived, worked and shopped.
Clearwater's past can be seen in its historic buildings in and around Downtown and
historic Coachman Park. We cannot envision and plan for the future unless we are mindful
of our past learning from our successes and failures. Third, Clearwater is the Pinellas
County seat and should present a welcoming air to all of Pinellas County residents as they
transact business with their government. Finally, Clearwater's Downtown is still a major
player in the City's economic life and has a grand opportunity to increase its economic
impact through redevelopment.
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As a Community Redevelopment Plan, this document sets the policies that guide future
actions and projects of the City's Community Redevelopment Agency (CRA) as it seeks
to redevelop the central business district of Clearwater and its newly expanded area.
The City prepared a "Findings and Declarations of Necessity Analysis" in the Fall 2002 for
201 acres generally located to the east of the CRA, including land governed by the
Southeast and Southwest Expansion Areas of the Clearwater Downtown Periphery Plan.
The study clearly demonstrated the need for revitalization outside of the existing CRA
boundaries and documented the following conditions:
· Poor lot layout relating to size, accessibility and use
. Site and environs deterioration/inadequate and outmoded building density patterns
· Defective or inadequate street configurations, transportation facilities and parking
facilities
. Excessive emergency calls
. Unsanitary and unsafe environment
. Excessive violations of the Florida Building Code
· Diversity of ownership e
FY04-05 CAPER- 11.29.05
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. Falling lease rates
. High residential and commercial vacancy rates; and
. Lack of appreciable increase in the past five years of the aggregate assessed values
In September 2003, the City, for its "Findings and Declaration of Necessity Report" for
the Expanded Community Redevelopment Area, was a recipient of the Ron Kenzie Merit
Award for Planning StudieslMarketing Communications from the Florida Redevelopment
Association.
With the opening of the new Memorial Causeway Bridge in September 2005, the new
thoroughfare streets are Court and Chestnut and not Cleveland. This has resulted in a
90% in cars that previous traveled along Cleveland Street going into Downtown. The
Wayfinding project was designed to direct residents and visitors into Downtown, and to
provide direction to public facilities including public parking, public buildings, parks, etc.
within the CRA. This will assist in avoiding further the economic decline that the City is
experiencing in the Downtown area.
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The City viewed the Wayfinding signage project as essential to providing directional
"gateways" into the downtown core area. Along those lines, the City Commission
approved during the last reporting period the reallocation of $285,000 in CnBG funds
that will be used to assist with the City's Wayfinding and Streetscape Projects in the CRA.
The Wayfinding was completed during the reporting period. A total of $501,165 in
CDBG funds were expended.
.
11M....
caTER
.-.IUIIUIRY +
COURIIlllISE t
1lIIIm0lN ..
==
-
I
I.
1-
Wayfinding Signs
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The first phase of the Cleveland Streetscape project is scheduled to begin in the first part
of 2006. The new Memorial Causeway Bridge opened in August of this year and in doing
so, a large majority of the traffic now travels on Court and Chestnut Streets. The
streetscape project will run from Osceola Avenue to Myrtle Avenue on Cleveland Street.
FY04-05 CAPER - 11.29.05
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Funding in the amount of $4, 7 million has been identified and secured for the first phase of a.
the Streetscape project, The majority of the funds will come from "Pennies for Pinel1as~;, ..
Artist Rendering of Downtown Stntetscape
NEIGHBORHOOD REVITALIZATION STRATEGY
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The City of Clearwater's Neighborhood Revitalization Strategy (NRS) is a component of
the City's Five Year Consolidated Plan. Strategy is established to promote a flexible
design in the City's allocation of funds provided by the U S. Department of Housing and
Urban Development (HOD) - CommunityIl~velopment Block Grant Program (CDBG) to
promote innovative programs in economically disadvantaged areas of the City.
The NRS provides for enhanced regulatory flexibility in the program requirements for
providing CDBG funds for economic development, housing and public service activities.
In terms of economic development relief, the strategy allows job creation or retention
efforts relief by not requiring businesses to track the income of people hired or retained,
Economic development activities carried out in the approved neighborhood revitalization
are also exempt from the aggregate public benefit standards.
The relief for public service activities can be viewed in terms of the regulatory
requirements that no more than 15% of the total CDBG allocation can be used for public
services activities. Under this strategy, all public services offered within the subject
neighborhoods and carried out as part of qualified projects by a Community Based
Development Organization, (CBDO) are exempt from the public service cap of 15%.
Therefore, the City will be able to offer a more intensive level of service to stimulate
revitalization, It will also allow the City to address some of the urgent needs of the
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FY04-05 CAPER - 11.29.05
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disadvantaged community by offering job training and other related econonnc
e development assistance.
In the housing arena, the revitalization strategy will allow the City to track scattered site
housing units as a single strategy. This will permit the City to provide housing
opportunities to not only very-low to low income families, but to other families who earn
between 80-120% of Area Median Income (AMI). This will increase the level of
affordable housing units and thereby raise the income level of the neighborhood and in the
process create a mixed-income community.
There are several non-housing factors that cause a blighting influence on communities.
They range from vacant boarded structures, to crime, to lack of commercial/retail
activities. To help stimulate economic development opportunities within the North
Greenwood Neighborhood, the City took several measures to ensure that the
neighborhood would be stable. The City built a new 8,000 sq. ft. library and a state-of-
the-art aquatic/recreational center. In addition, the City provided in roadway
enhancements for the Martin Luther King Avenue from Seminole to Palm Bluff Avenue.
These were provided from non-federal resources.
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The NRS includes two different neighborhoods - the North Greenwood Community and
South Greenwood Community. They both have their own goals and objectives. The
North Greenwood Neighborhood Revitalization Strategy Area has identified the following
strategies to improve their neighborhood. They include the:
. Elimination of the poor conditions of structures
. Remediation oflow-Ievel contaminated sites
. Reverse declining property values
. Expanding business opportunities
. Creation of new investment opportunities in the neighborhood
. Increase new job training and placement opportunities
. Reducing the unemployment rate
. Empowering neighborhood residents to eliminate crime
. Strengthen coordination of community organizations in the redevelopment effort.
The South Greenwood Neighborhood Revitalization Strategy Area has the same general
strategies of the North Greenwood Area. The South Greenwood area would like to see
the following:d
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. Additional educational opportunities of businesses
. A new neighborhood training facility
. A new childcare facility
. Job training opportunities
. A community library
. New homes
FY04-05CAPER- 11.29.05
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. Better social services
. Better collaboration of existing organizations
. More crime awareness programs.
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The City has taken several steps over the years to address the strategies in the
Neighborhood Revitalization Strategy, Steps included developing a flexible code
enforcement program, purchasing and demolishing dilapidated buildings, working with
local law enforcement to reduce crime, funding outreach programs and providing loans to
small businesses.
Listed below are some of projects that the City has completed over the past couple of
years in the North Greenwood Neighborhood Revitalization Strategy Area.
North Greenwood Branch Librt:UV - January 18, 2003, marked the grand opening of the
new branch library, located at the southeast comer of Palmetto St. and N. Martin Luther
King, If. Ave. The library includes American collection, computer training
area, a three-dimensional wall mural of Florida wildlife in the children's area, an interior
sculpture of an African American boy reading, and a conference/meeting room for up to
100 people. Over $100,000 in private donations helped make this project a true
public/private partnership. The library serves the Tampa Bay region and beyond and can
be used at no cost by anyone.
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North Greenwood Library
North Greenwood Recreation/Atlluliic Comolex - January 4, 2003, marked the grand
opening of the new state-of-the-art recreation/aquatic complex, located at the southwest
comer of Palmetto St. and N. Martin Luther King, Jr, Ave. The 27,500 square foot
building includes a double gymnasium, fitness center, teen lounge, audio recording studio, e
F'f04-05CAPER- 11.29.05
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arts and crafts room, multi-use classroom, conference room, and a performing arts
auditorium. The family aquatic center boasts 8,000 square feet of water surface area, a
140-foot water slide, a competition-ready pool, diving area, canopies for shade, and a
water playground.
North Greenwood Recreation and Aquatic Center
North Greenwood ADartments Renovation - The North Greenwood Apartment
renovation, located at the northeast comer of Palmetto St. and N. Martin Luther King, Jr.
Ave., was completed in March 2003, It entailed the renovation of 192 units (176 two
bedroom/two bath and 16 three bedroom/two bath) that were constructed in the 1950's.
This project was funded by a partnership between the Bank of America and Clearwater
Neighborhood Housing Services. The smallest layer of financing was $21,000 and the
largest was the Pinellas County Housing Finance Authority's bonds at $6.5 million. The
City of Clearwater contributed $1,000,000 to the project in the fonn of a low interest loan
using State of Florida / State Housing Initiatives Partnership (SHIP) Program funds.
The North Greenwood Apartments has won several regional and national awards for their
transfonnation. Regionally, the Apartments, along with the other recent City
improvements in the area, won the Tampa Bay Regional Planning Council's - "Future of
the Region Award" for the North Greenwood Transfonnation. Nationally, the apartments
was the recipient of the Fannie Mae Foundation's "Maxwell Award" for housing
preservation and was the recipient of the Meritorious Achievement Award :from the
National Association of Local Housing Finance Authorities.
FY04-05 CAPER- 11.29.05
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North Greenwood Apartments
North Greenwood Corridor Enhancements - The enhancement of N. Martin Luther
King, Jr. Ave. :from Drew St. to Fainnont St. The photo below shows some of the
enhancements. Enhancements include streetscaping, decorative lighting, landscaping,
entryway features, sidewalk improvements, benches, signs, and traffic calming. The
resident generated plan that included a modem traffic circle at the intersection of Martin
Luther King, Jf. Ave. and Palmetto St., and that provided a very low speed environment
and safe crossing for neighborhood children walking to the new recreation center,
swimming pool, playground and library,
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North Greenwood Corridor
North Greenwood - Fire Station 51
FY04-05 CAPER- 11.29.05
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The City's Fire Department recently opened a new state-of-the-art fire station on
Overbrook Avenue, which is in the northeast area of the Revitalization Strategy Area. e
CNHS Business Center
Clearwater Neighborhood Housing Services (CNHS) recently opened their Business
Center at the site of an old vacant restaurantlbar that abuts their Greenwood Apartment
Community. The City provided CNHS with $125,000 in loan in 2002 to acquire the
building. They had three years to secure a tenant, or tenants and make the improvements.
They secured a conventional loan and a variety of grants to make the necessary
improvements. CNHS was successful in securing an anchor tenant - Pinellas County Head
Start - and they actually name their center the "lsay Gulley Head Start Center". CNHS
will also house some of their organization's business lines in the center and also hope to
open an Ice Cream Pallor some time in the future on site.
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CNHS Business Center
Nonh Greenwood Reclaimed Water - The provision of reclaimed water along N. Martin
Luther King, Jr. Ave. was completed in December 2002. This project provided highly
cost effective, environmentally friendly irrigation for the abundant landscaping in the four
projects described above, as well as to the community residents and businesses along this
immediate route. An attractive sign also explains the use of xeriscaping to the public.
The total cost for the Corridor Enhancements and Reclaimed Water in Phase I was $2.3 a
million and Phase IT is estimated to be $229,390. ..
FY04-05 CAPER - 11.29.05
24
tit In this reporting period the City provided federal funding for several projects in the North
Greenwood Neighborhood Revitalization Strategy Area. They include the following:
t. Carmel CDC - Infill Housing
omeless Emergency Project - Kitchen Improvements
omeless Emergency Project - SRO Apartments
orth Greenwood F de 1m rovement Pro am
TOTAL
$337,100.00
$75,000.00
$150,000.00
$85 000.00
5647,100.00
Funding for these programs assisted in meeting some of the strategies identified in the
Neighborhood Revitalization Strategy. The funds provided to Homeless Emergency
Project enabled the organization to tear down the deteriorated structures to build new
ones and reinvest in the community. The dollars provided to Homeless Emergency
Project for the transitional housing and thrift store will generate approximately $1.2
million dollars of additional investments. The North Greenwood Fa~e improvement
program will provide enhancements to businesses located in the business directly on
Martin Luther King Street. The enhancements will expand business opportunities.
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FY04-05CAPER- 11.29.05
25
SOUTH GREENWOOD
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Woodlawn Oaks
The City continues to work with Largo Area Housing Development Corporation on the
development of a small niche subdivision called Woodlawn Oaks. The development will
have eleven (11) new homes. The project was publicly announced at the 2005 HOPE
Expo in June, even though this development has been in the planning stages for years.
Within one week all eleven homes had contracts on them. The site infrastructure is
scheduled to be completed by early 2006 and all 11 homes should be completed by mid-
2006. The City has set-aside $325,000 in SlllP funds to assist with the costs to put in the
roads and other required infrastructure. This project has been in the planning stages for
years and during the past reporting period began to move fOIWard with the approval of the
site plan and rezoning. It is anticipated that the City funds will remain in each home as a
soft-second mortgage.
South Greenwood City Task Force
The City fonned a South Greenwood Neighborhood Task Force during the last reporting
period. This task force is made up of various City departments that are active in South
Greenwood. Among some of the departments include - Economic Development and
Housing, Development and Neighborhood Services, Parks and Recreation, Public Works,
Engineering, Information Technology, Police, and Fire. One of the goals of the task force .-
was to development a three (3) strategy matrix listing all of the programs and projects, .
either existing and/or proposed for the South Greenwood Area. The task force meets on a
quarterly basis to provide updates and to dialogue on events happening in the area.
Through the collaborative efforts of the task force, it allows various departments to
interact and plan their programs and projects very efficiently and effectively.
The City's Development Services perfonned a code sweep in the spring of 2004 and
identified over 1,200 violations on 983 parcels. They also listed some dilapidated
properties whose addresses were referred to the Housing Division. The Housing division
follow-up with those properties that were owner-occupied to see if they were interested in
renovating their homes to bring them back up to code.
The City also is continuing our efforts to rehabilitate homes and develop infill housing in
the South Greenwood Area.
For this reporting period the City, along with our Housing Partners, did one (1) infill
home, two (2) down payment assistance loans and three (3) rehabilitations for the South
Greenwood Area.
In the North Greenwood area we did three (3) infill homes, one down payment assistance
loan, three (3) rehabilitations and one (1) business loans.
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FY04-05 CAPER - 11.29.05
26
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For this reporting period for both Neighborhood Revitalization Strategy Areas we did the
following activity:
Rousinl! Rehabilitation
# Units Exoended Fund
$
7 81,860.00 SlllP
Foreclosure Prevention
1 $ 7,500.00 SHIP
Down Pavment/Closinl! Costs
# Units Exoended Private Owner
$ $ $
5 128,750.00 623,500.00 16,757.00
As for the activity on a citywide basis:
Rousinl! Rehabilitation
# Units Expended Fund
$
. 25 609,397.00 SHIP
VLI = 13 LI=9 MI=3
Foreclosure Prevention
# Units Expended Fund
$
3 22,500.00 SlllP
VLI = 1 LI= 1 MI= 1
Down Pavment/Closinl! Costs
# Units Expended Private Owner
12 $181,952.00 $1,219,180 $50,002.00
VLI = 0 LI=8 MI=4
East Gateway Redevelopment
With the expansion of the City's Community Redevelopment Area, the area now
encompasses a larger share of residential than in the past. The City also adopted a new
Downtown Redevelopment Plan, of which the Gateway Area is included.
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FY04-05 CAPER - 11.29.05
27
We anticipate that during the current fiscal year we will begin to address the challenges
facing the area from a residential, commercial and infrastructure perspective.
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Similar to the City's efforts in North and South Greenwood, the City will fonn an East
Gateway Neighborhood Task Force to address issues and concerns, review strategies in
the Downtown Redevelopment Plan, and implement those programs and strategies.
In tenns of Housing and Community Development, we anticipate taking a comprehensive
look at. the existing housing stock and see where we can do some housing rehabilitation,
infill and other needed infrastructure improvements in the area.
East Gateway Action Plan
The Economic Development (ED) Division will coordinate an initial meeting with the
Directors of City Departments to discuss the strategy of the plan. Lead by the ED, any
issues could be brought to bear by the management team. After the initial meeting, a
working committee of mid-level mangers will be re-established to meet on a bi-monthly
basis with ED as chair. The committee will initially review the following action items:
1. Track over-all progress.
2. Detennine which portions of the plan have been implemented and what steps need
to be taken.
3. Identify capital improvement projects slated for the area over the next five years.
4. Detennine when and if public meetings are necessary.
5. Update maps/data ifneeded.
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The role of ED during these steps will be to keep the committee focused on the action
items, provide research assistance, assure the flow of infonnation, and coordinate with
each department to assure their Department's initiatives are being met.
ED will Chair the Committee as they review the following items:
1. Research vacant and underutilized properties for new opportunities.
2. Research parking options for businesses utilizing the most recent Parking
Study that the Main Street Committee is completing.
3. Research land consolidation opportunities.
4. Research the amortization of legal properties.
5. Create a space inventory.
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FY04-05 CAPER - 11.29.05
28
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AFFIRMATIVELY FURTHERING FAIR HOUSING
Until October 1999, the City of Clearwater had designated the Human Relations
Department as the lead agency in affirmatively furthering Fair Housing and enforcing the
local Fair Housing ordinance. They investigated and enforced the Fair Housing laws and
provided the administrative procedures that the City follows to enforce the Fair Housing
laws, as well as to respond to any Fair Housing complaints received by the City.
The City of Clearwater no longer directly enforces Fair Housing laws. The responsibility
was assigned to Pinellas County Human Relations Department since their office
investigates and makes recommendations on all Fair Housing issues for other areas of
Pinellas County with the exception of the City of St. Petersburg.
The City of Clearwater plays an active role in affirmatively furthering Fair Housing. The
City adheres to the Human Rights Ordinance that Pinellas County adopted in 1984.
Pinellas County maintains an interlocal agreement with the City of St. Petersburg for the
enforcement of the ordinance. The City of St. Petersburg handles enforcement south of
Ulmerton Road and the County undertakes enforcement north ofUlmerton Road.
.
In 2002 the City of Clearwater along with the, Cities of St. Petersburg, Clearwater, and
Largo, Pinellas County, Pinellas County Housing Authority, and the UNO Federation
formed a Fair Housing Partnership to coordinate efforts countywide to support and
expand the availability of housing to all, regardless of familial status, national origin, race,
accessibility, and disability. The Partnership's tools for furthering this effort are
educational programs, training, testing, assessments, and enforcement through the
appropriate channels. The Partnership meets periodically to review programs and to set
and review goals.
During 2005, the Cities of St. Petersburg, Largo, Clearwater and Pinellas County, went
out to bid, with Pinellas County being the lead, for an update to the County's" Analysis of
Impediments to Fair Housing". The project was awarded to a consultant and it is
anticipated that the report will be completed in early 2006.
The City remains active in the provision of affordable housing, accessible housing, and
promotion of home ownership. The City of Clearwater provides information concerning
home ownership, home financing, and home repairs in printed matter and is working with
our Public Communications Department on providing information on a variety of other
mediums. Over the past year the City has put a substantial amount of educational
information on the Housing Division's webpage pertaining to Fair Housing, Elderly
Housing, Lead-Based Paint, Predatory & Fair Lending, and Financial Education (See
Appendix). The City will continue to expand the availability of information about housing
programs and Fair Housing laws. The City has also requested to meet with the Fair
Housing and Equal Opportunity representative from HUD Tampa when the time is
convenient for them to obtain technical assistance to improve our Fair Housing and Equal
e Opportunity activities.
FY04-05 CAPER - 11.29.05
29
Sale or Rental of Housin2
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Fair Housing complaints with the City's Equity Services Department and the Pinellas
County Office Human RightsIHuman Relations indicate that discrimination in the sale or
rental of housing and provision of housing brokerage services does occur.
Financial Assistance for DwelliDl!s
Minorities have been shown to receive more rejections in the provision of financing for
housing than the population as a whole.
Public Policies
The high percentage of build-out in the City affects the availability of parcels of land
suitable for multi-family and affordable single-family housing. The Land Development
Code and design requirements, design review and concurrency requirements, and building
code requirements affect the approval of sites and costs associated with the construction
of affordable housing and publicly assisted housing.
Administrative Policies
Administrative policies generally support Fair Housing. These include:
. Marketing housing programs in targeted areas
. Providing City-wide home buyers' assistance and education
. Educational material on the Housing Division's webpage
. Carefully reviewing where affordable housing developments will be located, and
. Avoiding a concentration of very-low to moderate income households in multi-
family developments
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Actions Taken to Overcome the Effects of Imoediments Identified Throu2h the
Analvsis
The City in conjunction with the Pinellas County Fair Housing Partnership (pinellas
County, St. Petersburg, Clearwater, Largo, Pinellas County Housing Authority, and the
UNO Federation) initiated a Fair Housing Study beginning early in 2002 to determine if
persons seeking rental housing were given differential treatment based on familial status,
national origin, race, accessibility, and disability; and to detennine if further educational
and outreach programs were needed. Two consulting !inns conducted the testing process
and prepared the report giving the results. Two hundred tests were conducted; not all
sites were tested on every basis.
The report was completed in the Fall of 2002. Differential treatment was shown in 590,10
of the cases tested. Broken down by area, the percentage of cases showing differential
treatment was: St. Petersburg, 52%; Clearwater 55%; Largo 67%; Pinellas County e
FY04-05 CAPER- 11.29.05
30
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(balance of county including small cities) 61%. This information was presented to each of
the Partners' boards or commissions, and all tested rental complexes were sent a copy of
the study. Results were reported in local newspapers and on television.
As a result of the study it was recommended that the following steps be taken to improve
the current situation:
1. In cases where there is overwhelming evidence of differential treatment, a
complaint against the housing provider should be filed with HUD and/or any
similar local governing agency.
2. There should be aggressive education and outreach efforts to both the housing
providers and the general public.
3. The Pinellas Partnership has the opportunity to retest properties that demonstrated
"some type of differential treatment" for possible future enforcement effort.
4. All local government permitting agencies should implement an accessibility review
process before permitting newly constructed multi-family dwellings.
5. Mandate Fair Housing training for any developer or builder receiving city or
county funding.
The Partnership conducted a series of forums, seminars, and other outreach efforts to
educate housing providers and the general public on Fair Housing issues, rights, and
regulations, and is receiving very good cooperation from the housing community. Testing
will be done in the future on a smaller scale to determine if enforcement efforts are
needed.
The City funds programs that offer free classes for persons desiring to become
homeowners. The Pinellas Realtor Organization subscribes to the Voluntary Affirmative
Marketing Agreement (V AMA) and works to educate its members about Fair Housing.
Training and marketing materials have been videotaped and translated into American Sign
Language and Spanish. The City promotes home ownership and education at various
home buyer fairs and expositions. The City also provides funding to Community Service
Foundation to provide Fair Housing Education.
In addition to the Human Relations Department, the City is working with Pinellas County
Realtors through the Voluntary Affirmative Marketing Agreement (V AMA) Program to
further Fair Housing opportunities in real estate transactions. To further these efforts of
the VAMA, the Pinellas County Board of Realtors enlisted the services of the Community
Housing Resource Board to focus on the federal, state and local enforcement agencies,
housing industry groups and volunteer community groups working together to promote
Fair Housing practices.
FY04-05 CAPER - 11.29.05
31
These efforts include the following:
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. Providing public information on Fair Housing.
. Assessing community Fair Housing needs and identifying local problems and issues
that impede equal housing opportunity.
. Evaluating performance and effectiveness of the V AMA
. Expanding minority involvement in the real estate industry.
. Expanding public awareness of housing opportunities in the community.
. Developing cooperative solutions to problems associated with the implementation of
the V AMA
Other actions during the FY2004-05 included the following:
. Continued to support the operations of the Pinellas County Human Relations
Department, Pinellas County Board of Realtors, and the Community Housing
Resource Board.
. Continued to work with the local committee of American with Disabilities to view
housing related issues for homeowners, renters, or homebuyers with disabilities.
. Provided $62,152 in State FY04-05 SmP funds to the Community Service
Foundation, Tampa Bay Community Development Corporation and Consumer Credit
Counseling Services to implement homebuyers training programs, fair housing
education and assistance, and foreclosure prevention and counseling services.
. Provided funding to Gulf Coast Legal Services to provide Foreclosure _
Prevention/Counseling. ..
. The City has developed Section 3 - Affirmative Action Plan forms that all contractors
will be required to sign prior to starting any projects using federal funds on public
facility type projects. These forms are in located in the Appendix.
. Placed Fair Housing posters in English and Spanish on walls of the Housing Division
offices
The Pinellas County anti-discrimination efforts focus on public information and
enforcement of Fair Housing regulations and the County's Human Rights ordinance. The
County publishes a Housing Resource Directory that includes an overview of Fair
Housing law, information about reasonable accommodation and accessibility, and a list of
state and local enforcement agencies. The County produces a brochure entitled, Fair
Housing in Pinel/as County, and distributes approximately 5,000 copies annually. Below
market rate mortgages, down payment and closing cost assistance are readily available
through the County's Housing Finance Authority and through other agencies. The County
is also active in providing and promoting affordable housing, providing low cost funds for
home purchase or repair, and modification to homes to make them accessible to persons
with disabilities.
The City directs significant resources to expanding the supply of affordable rental housing
and partners with a variety offor-profit and non-profit developers and in addition with the
Housing Finance Authority of Pinellas County. The City also assists developers with a e
FY04-05 CAPER - 11.29.05
32
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variety of incentives aimed at reducing development costs, impact fees, and regulatory
impediments.
The City encourages mixed-income, multi-family developments to develop affordable
housing in areas that are not predominantly low/moderate areas as part of a continuing
effort to deconcentrate poverty. Funding is denied to developers who do not provide
mixed-income housing where the effect could be to racially or economically segregate
low-income households.
A chart of Direct Benefit data can be found in the Appendix for both Rehabilitation and
Down Payment Assistance Loans.
AFFORDABLE HOUSING
The Housing Element of the City's Comprehensive Plan, last updated in July 2001, states
as one of its objectives for housing that "the City shall continue to provide assistance and
incentives for the development of housing that is affordable to very low, low, and
moderate income households, including those with special needs, consistent with the level
of growth in these income categories".
The City is currently in the process of updating the Comprehensive Plan through the
"Evaluation Appraisal and Review" (EAR) process. The update will be done in the fall of
2006.
The following policies are currently located in the Housing Element:
Policies:
13 .2.1 Continue to utilize Community Development Block Grant Program funds for the
construction and/or rehabilitation of housing units that will be affordable to very
low and low-income households consistent with federal income guidelines.
13.2.2 Continue to use federal programs to provide rental subsidy assistance to low and
some moderate-income households.
13.2.3 Continue to review new construction techniques, materials, building codes, and
housing codes in order to determine where housing costs can be reduced without
sacrificing the quality of housing for very low and low-income households.
13 .2.4 The City shall continue to utilize the Challenge 2000 Program to assist very low,
low, and moderate-income households in obtaining mortgage financing.
13.2.5 The City shall continue to support the addition of rental housing as needed to meet
the needs of very-low, low, and moderate-income households.
FY04-05CAPER- 11.29.Q5
33
A copy of the City's Housing Element is located in the Appendix.
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CONTINUUM OF CARE NARRATIVE
The City continues to work closely with the Pinellas County Coalition for the Homeless
and various other homeless services providers in addressing the needs of the City's
Homeless.
The City of Clearwater listed Continuum of Care issues as a high priority in the
Consolidated Plan. During this reporting period, the City extend an agreement that
provided $42,875 in CDBG funds to Clearwater Homeless Intervention Project (CIDP) to
expand their current emergency shelter. These funds were original awarded during the
FY03-04 program year, but CIDP experienced some unforeseen delays, which caused the
project not to begin on time. The City's Police Department provided additional dollars for
program operations. The facility provided shelter, food, counseling, and case management
services to 3,997 individuals during this reporting period. The City also allocated a
$42,000 in CDBG assist with their operations and transitional housing efforts.
A total of $12,000 was provided to the Westcare of Florida (f7k/a The Mustard Seed) -
Turning Point for inebriated homeless individuals. During this reporting period, the
agency assisted 169 homeless individuals from Clearwater.
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The Homeless Emergency Project received $87,000 ($75,000 Public Facilities & $12,000
Public Services) in funding for operational support and for the replacement of their kitchen
and dinning hall. HEP provides a variety of other services including such things as job
placement, medical, dental and psychological counseling.
This reporting period also shows that $21,605 in CDBG funds was provided to Directions
for Mental Health to renovate their office complex. Directiorts for Mental Health -
provides a wide range of high quality behavior health services for all ages, from the
prevention of problems by building upon strengths, to the effective treatment of mental
illness. Directions for Mental Health assisted over 21,630 people during this reporting
period.
In a prior reporting period, $50,000 in CDBG funds were allocated to Family Resources
to assist with the acquisition and pre-development costs associated with a new runaway
shelter they were planning on building. During this reporting period, at total of $110,000
was allocated to Family Resources to secure the remaining funding to complete their "Safe
Place2B" Youth Shelter, which is currently under construction. Pinellas County and the
City of Largo have also allocated funding to this project.
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FY04-05 CAPER - 11.29.05
34
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R
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U Ell
SHE R
E
e Family Resources Runaway Shelter
CDBG funds were provided in the amount of $30,000 to Pinellas Opportunity Council to
administer their "Chore Services" Program. Through this program various chore services
were provided to 48 elderly, frail elderly, developmentally disabled and physically disabled
individuals to assist them in remaining in their home and not being placed in a nursing
home.
OTHER ACTIONS
Fosterin2 and Maintainin2 Affordable Housin2
The City of Clearwater has been very proactive in fostering and maintaining affordable
housing. Over the past year with the rising cost of housing, combined with relatively flat
incomes, affordable housing continues to become more and more out of reach for many
who desire to have it at all incomes across the spectrum. Although the City cannot
control the cost of labor, goods or land costs, we have done other things in the past to
keep the units affordable and we continue to look for new and creative ways to address
the issue of affordability. Some of the things that the City has done in the past and/or are
currently doing include such things as:
e · Work with builders/developers to design homes that are practical and efficient
FY04-05 CAPER - J J .29.05
35
· Providing financing at below market rates, zero percent and/or deferred payment loans A.
to clients _
. Funding subrecipients to acquire vacant properties and build affordable houses
. Working with subrecipients to acquire homes foreclosed by HOD and reselling them
as affordable housing units
. Changing the City's development code to reduce street size and other development
issues
. Working with developers to put together applications for funding through the low-
income housing tax credit program, State of Florida Housing Bond program and other
resources to build or rehabilitate rental units for affordable housing.
. Educate prospective homebuyers on the process of buying a home.
. Provide counseling for borrowers and homeowners who are at risk of losing their
homes.
. Work with our neighboring jurisdictions to address the affordable housing on a
countywide basis, by researching ways to design programs of a comprehensive nature.
Barriers to Affordable Housin2
In the early years (1992 - 1995) of the City's State Housing Initiatives Partnership (SIDP)
Program, the Clearwater's Affordable Housing Advisory Committee reviewed the
following areas to identify potential barriers to affordable housing.
. Affordable Housing definitions
. Permit Processing
. Impact Fee requirements
. Infrastructure Capacity
. Residential Zoning Density
. Transfer of Development Rights
. On-Site Parking and Setback requirements
. Zero-Lot Line Development
. Sidewalk and Street Requirements
. Regulatory Review Processes
. Inventory of Lands Suitable for Affordable Housing Development
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In addition, some of the challenges that we are facing today include:
· Lack of Land
· Lack of Affordable Land
· Rising Insurance Rates
· Rising Sales Prices
· Rising Taxes
· Rising Interest Rates
· Rising Cost of Construction Related Materials
· Shrinking Affordable Housing Revenues
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FY04-05 CAPER - 11.29.05
36
e The City of Clearwater began receiving State of Florida - State Housing Initiatives
Partnership (SHIP) Program funding in 1992 when the Florida Legislature adopted the
Sadowski Act. The SHIP Program is a dedicated source of affordable housing funds that
are provided annually to the cities and counties within the state. In State Fiscal Year
2004-2005 the City received $820,106 in SHIP funding and another $372,458 in program
income and recaptured funds, for a total of$1.19 million. In State FY2005-2006 the City
is estimated to receive approximately $820,105 in funding from the State through the
SHIP Program.
One of the driving forces behind the passage of the Sadowski Act was the Florida
Homebuilders and Contractors Associations. As a result of their lobbying effort, SHIP
jurisdictions each year must expend seventy-five percent (75%) of their funds (entitlement
and recaptured funds) on activities that involve construction and/or rehabilitation of
homes, and in addition, sixty-five percent (65%) of the funds (entitlement and recaptured
funds) must result in homeownership.
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A major requirement of the SHIP Program and as a condition of receiving continued
funding, was that each jurisdiction had to adopt affordable housing incentives that would
assist in the implementation of their affordable housing activities. Each SHIP entitlement
community was required to adopt an Affordable Housing Incentive Plan (AlflP), which
contained, at a minimum two statutory required incentives: 1. Assurance that permits as
defined in Chapter 163.3164(7) and (8) F.S. for affordable housing projects are
expedited to a greater degree than other projects; 2. An ongoing process for review of
local policies, ordinances, regulations, and plan provisions that increase the cost of
housing prior to their adoption (420.9071(16) F.S.).
Several years ago the State required local jurisdictions to combine their AHIP into their
SHIP Local Housing Assistance Plan (LHAP). Jurisdictions adopt their LHAPs for a one
to three year period. The City of Clearwater performed this task with the development
and adoption of our Fiscal Year 2000-2003 LHAP. The City is currently performing
activities from the FY2000-2003 LHAP and FY2003-2006 LHAP.
As we continue to address the affordable housing needs of our residents, we must also
make certain that we continue to meet the statutory requirements of the SHIP Program.
In future years, as part of the monitoring process conducted by the State of Florida, the
monitors will be evaluating how local jurisdictions are implementing their affordable
housing incentives in order to assure that they are meeting their statutory obligations.
These evaluations will review the process and policies that all affordable housing projects
go through from start to finish. This process is not totally exclusive to affordable housing
projects using SHIP dollars, but any affordable housing project taking place in the City,
regardless of the funding source( s).
Below is a section from the City's recently adopted "Expedited Processing and Ongoing
e Review" Policy.
FY04-0SCAPER- 11.29.05
37
Exoedited Processin2
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Building Department
All affordable housing projects as defined in Chapter 163.3164(7) and (8) F.S., that are
located within the City limits, will be required to submit a letter with their application for
building permit requesting that their application receive "Expedited Processing". A copy
of this letter must be sent to the City's Building Official and to the Assistant Director of
Housing. These projects are to be expedited to a greater degree than other (non-
affordable) projects.
Once an applicant receives approval of their affordable housing project the Assistant
Director of Housing shall be notified (via email) so that he can document the timing of the
application process.
Planning Department
The Planning Department will follow the City of Clearwater - Community Development
Code when processing all affordable housing applications for activities that require such
things as rezoning, land-use amendments, variances, development orders, etc. Under the
Code all projects are reviewed and may be scheduled for the next meeting of the
Development Review Committee (ORC - staff level review) and if needed, the
Community Development Board (CDB). Many applications can be decided at the staff
level and may not need to go the DRC and/or CDB. When affordable housing projects
and/or applications are submitted that can be decided at the Staff level, they shall receive
priority and be reviewed before any non-affordable housing projects and/or applications.
Applicants must indicated that their project will be an "Affordable" housing development
and/or project.
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002oio2 Process for Review
The Planning Department, and other affect City Departments, as part of their review of all
proposed local policies, ordinances, regulations, plan provisions and code revisions, will
forward comments to the Economic Development and Housing Department to prepare an
economic impact analysis to determine, if any, the increase to the cost of housing prior to
adoption. This analysis does not have to be anything sophisticated, but just show the
anticipated increase in cost to an average home, or state that there will be "no impact" to
the cost of housing. A copy of the economic analyses shall be provided to the Assistant
Director of the Economic Development and Housing Department - Housing Division.
The City of Clearwater holds public hearings and meetings to obtain citizen views and
responds to citizen proposals and questions about proposed activities and program
performance. Citizens and other partners emphasize the need for a broad range of opinion
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FY04-05 CAPER - 11.29.05
38
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in the establishment of goals, objectives, projects and priorities and in the application,
monitoring and evaluation of funded programs.
Due to the relatively low numbers of new construction at the "affordable" leve~ and the
fact that each development needs different types of incentives, projects are handled on a
case-by-case basis.
Typically, the City's Economic Development and/or Housing Division meets with a
prospective affordable housing developer( s) to detennine the level of assistance and needs
of the project. Staff then assists the developer through the Building, Planning and
Engineering Departments for plan review and the other various applications needed for
approval. This allows the Housing and/or Economic Development Division to
troubleshoot and provide explanations immediately. Because project needs are established
up front, assistance can be provided seamlessly.
Florida Statutes 163.3164(7) & (8)~ Community Development Code Section 8-102
(7) "Development order" means any order granting, denying, or granting with
conditions an application for a development permit.
(8) ''Development permit" includes any building permit, zoning permit, subdivision
approval, rezoning, certification, special exception, variance, or any other official action
of local government having the effect of permitting the development of land.
e Florida Statutes - Chapter 420.9071(16)
(16) ''Local housing incentive strategies" means local regulatory reform or incentive
programs to encourage or facilitate affordable housing production, which include at a
minimum, assurance that pennits as defined in s. 163.3164(7) and (8) for affordable
housing projects are expedited to a greater degree than other projects; an ongoing process
for review of local policies, ordinances, regulations, and plan provisions that increase the
cost of housing prior to their adoption; and a schedule for implementing the incentive
strategies. Local housing incentive strategies may also include other regulatory reforms,
such as those enumerated in s.420.9076 and adopted by the local governing body.
Comorehensive Plan Analvsis
The City will use the Housing Element of the Comprehensive Plan to monitor and measure
the program's effectiveness in reaching the goals and objectives of the program. Fostering
and maintaining affordable housing is one of the City's primary goals. We will continue to
review construction standards to reduce costs without sacrificing the quality of housing
units.
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The Economic Development and Housing Department also met with the Planning
Department and their consultant during 2005 to review and update the Housing Element
where applicable as part of the required Evaluation and Appraisal Report (EAR) process.
FY04-05 CAPER- 11.29.05
39
Lead Based Paint
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Lead based paint continues to be a serious problem throughout cities across America. It is
usually prevalent in homes built prior to 1978. Clearwater's housing stock is relatively
new with the average home being built after 1970. However, the City still maintains that
lead based paint is a serious issue and conducts housing inspections to determine if there
are defective paint surfaces. If lead conditions are present, the lead paint is either removed
or covered in a manner described by HUD. No lead based paint conditions were found
during this reporting period.
The City will continue its effort to rid structures of lead based paint and will inspect any
homes built prior to 1978 for any presence of lead-based paid. We will continue to test
and remove all lead based paint surfaces in structure rehabilitation under our programs
that are using federal funds. Clearwater will use the services of the Pinellas County
Environmental Department to test all structures with defective paint surfaces and the local
Health Department to test children for elevated blood levels. The North Greenwood
Community Health Center continues to participate with the City by providing a meeting
area for neighborhood based education programs, disseminating information on the
hazards of Lead Based Paint, and provide blood screening.
The City continues to put information about Lead-Based Paint and Safety on to the
Housing Division web site (SEE Appendix).
Program activities will include the following:
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. Collaboration between public-private agencies involving housing, health, and
community-based organizations to facilitate a Healthy Home Team to go door to
door in the targeted Brownfields area to identifY children and homes at risk.
. Assurances that children identified at risk receive blood lead testing and the child
with elevated lead levels receives follow-up care
. Promotion of a public awareness campaign through education to physicians and
the community and disbursement of educational materials
. Routine placement of educational materials on the Housing Division's webpage
. Assessment of homes at risk to identifY lead hazard control services to eliminate
hazards identified in homes
. Initiation of supportive lead hazard control services to eliminate hazards identified
in homes
· Evaluation of prevention activities to measure the impact and outcome of program a
services and intervention efforts in the community .
FY04-05 CAPER - 11.29.05
40
e PovertY Level Assessment
Reducing the number of residents who live below the poverty level is very important to
the City of Clearwater. The City realized that the most effective way to reduce the
number of persons below the poverty level was to increase their income through providing
employment opportunities.
The City will provide funding to support service organizations that reduce impediments
for families allowing them to rise above the poverty level. Clearwater provides economic
development opportunities to non-profit and for profit businesses that agree to hire lower
income individuals. Through the coordination among programs including the
Environmental Protection Agency and State Brownsfield Redevelopment initiatives, the
federal Weed and Seed Program, Juvenile Welfare Board, Clearwater Stars, United Way,
the Eckerd Foundation, and the University of South Florida, Clearwater will continue
expand our efforts this year to reduce impediments.
Institutional Structure
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To overcome gaps in institutional structures and enhance coordination, the City
implemented several practices that have been very successful. First, local lenders were
provided with infonnation relative to the City's housing programs and offer a coordinated
effort for the lending institution to prosper. This relationship has continued to work very
well together we to provide home ownership and honiebuyer opportunities for very-low to
moderate-income families. The City and its subrecipients pre-qualify clients to the lender's
and City's specification and provide financing in the form of down payment assistance.
Other actions undertaken by the City included developing institutional structures and
enhanced coordination between public and private housing and social service agencies.
During this reporting period the City provided $30,000 to Partners In Self-Sufficiency to
administer their self-sufficiency program that provides housing and educational
opportunities to single parent low-income households. Under the program the Clearwater
Housing Authority provides Section 8 certificates or vouchers to program participants
while they are pursuing education and job training. At the end of the program,
participants should have saved enough money for a down payment on a home. The City's
Housing Division, and other approved housing providers, would further assist them with
obtaining housing opportunities.
Public Housin2 and Residential Initiatives
The City understands the benefits of improving public housing and residents' initiatives.
To improve the lives of families residing in public housing the City targeted the children to
break the cycle. The City will continue to work and strengthen our relationship with the
Clearwater Housing Authority to foster innovative public housing developments, potential
e joint ventures and residential initiatives. At the same time, the City has to be very
FY04-05 CAPER - 11.29.05
41
cognizant in any loss of affordable housing units in our community. The City carefully
reviews each request for support from the eRA.
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The City allocated $500,000 to Clearwater Housing Authority (CHA) for the
redevelopment of their Jasmine Courts property, which will be renamed Parkview Village.
The HOME funds will be allocated to the affordable, non-public housing units. CHA was
awarded 9% Housing Credits for this development, but to some unforeseen site
development costs that created a huge financing gap that could not be closed, the housing
credits had to be returned to the State of Florida. Currently CHA is working on a number
of scenarios pertaining to the financing and restructuring of the proposed units.
CHA's has demolished the existing Jasmine Courts and their original plan was to construct
203 new multifamily units on the site in a mixed-income configuration. The planned
second phase of the redevelopment project called for up to sixty-six (66) single family and
twenty-seven (27) townhomes to be constructed. Currently they are still planning to have
a mixed-incomelmixed-use development.
To help with resident initiatives, as mentioned previously, the City provided $30,000 for
operations to the Partners in Self Sufficiency Program. This program provides residents
on public assistance (Section 8) with housing, counseling and case management services
that encourage participants to become self-sufficient and purchase their own home. The
agency assisted 117 families during this reporting period.
Leveraging Resources
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The City's efforts to provide affordable housing and other services to very-low to
moderate-income families have resulted in leveraging a great amount of additional
resources.
Through the efforts in the City's SHIP Program, in the 2005 SHIP Annual Report - $4.1
million in private sector financing was leveraged and a total of $8.7 million and was
leveraged to $2.6 million expended in SHIP funds.
Through the Infill Housing and Down Payment Assistance Programs the City continues to
work closely with the lending and housing non-profits in the community to leverage
private investment in home ownership. (please see Homebuyers Section for
accomplishments.) In addition, Clearwater works with Community Service Foundation,
Partners in Self Sufficiency, Tampa Bay Community Development Corporation, Consumer
Credit Counseling Services, and Clearwater Neighborhood Housing Service, Inc. to
provide homeownership counseling to support our housing programs.
Citizen Comments
If any Citizen Comments are received they will be located in Appendix.
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FY04-05 CAPER - 11.29.05
42
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SELF EVALUATION
Our assessment of the previous year's activity shows that the City has made strides in
addressing many of the high priority projects. The areas listed as high priority include:
. Economic Development
. Funding and Implementation of Senior Centers
. Youth Centers
. Day Care Centers
. Health Facilities
. Parking Facilities
. Employment Training
. Fair Housing Counseling
. Tenant-Landlord Counseling
· CommerciallIndustrial Infrastructure
. Micro-Business Lending. and
. Code Enforcement
.
The City remains committed to the projects listed above and did amend our FY02-03
Action Plan to include some additional homeless and public facility type projects. It
obtained the resources listed above and solicited grants to obtain additional funding. The
programs listed above were consistent with the five year Consolidated Plan and the
Housing Element of the City's Comprehensive Plan.
Through the Public Service awards, the City funded ten organizations in operational
support. This funding provided to the organizations listed below a total of $182,700. The
individual awards to the public service organizations are as follows:
Clearwater Homeless Intervention Proiect. Inc. - received $42,000 in operational support
to operate an overnight homeless shelter for individuals. The shelter provided overnight
housing and case management services to 3,997 homeless individuals during this reporting
period.
Homeless Emergency Proiect - received $12,000 in operational support for their program
that provides a variety of services to homeless individuals and families.
Partners in Self Sufficiency - received $30,000 to administer a family self sufficiency
program for single family households on public assistance to turn their lives around and
become self sufficient. During this reporting period, 117 clients were served.
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Pinellas Opportunity Council - was awarded the second highest allocation in the public
sector arena $30,000 to provide chore services to the elderly and physically impaired
households. During this reporting period, 48 elderly/physically-impaired households were
assisted.
FY04-05 CAPER - 11.29.05
43
Westcare of Florida (f/k/a Mustard Seed) - Turning Point - was awarded $12,000 to e
operate an inebriate center for homeless individuals who were intoxicated or abused drugs.
The center assisted 169 individuals during this reporting period.
Personal Enrichment through Mental Health Services - was awarded $6,000 for salary and
support to operate a Family Emergency Treatment Center. During this reporting period,
163 clients were served.
Kimberly Home - was awarded $12,000 for salary and operational support of their infant
and toddler care program. During this reporting period 129 clients were served.
Clearwater STARS/STRIVE of Pinellas County - was awarded $16,126 in funding for
salary and operational support for their job training program. No clients were served
during this reporting period. The project will be carried forward to the next year.
YWCA of Tampa Bay - Hispanic Outreach Center - was awarded $11,323 for salary and
operational support of their Hispanic Outreach Center program. A total of 453 clients
were served.
Charity Works - was awarded $11,250 in funding for their proposed job training program.
However, the organization withdrew is application and returned the funding that had been
expended because they decided to not move forward with the planned location. e
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FY04-05 CAPER - 11.29.05
44
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In FY2004-2oo5 the City's Action Plan federal funds budget was as follows:
$ 1,079,985.00
$ 350,000.00
$ 577,115.00
$
$ 2,007,100.00
With the above funds the following activities were funded:
.
Demolition
Relocation
ClIDO Set Aside
Program Administration
Program Delivery
CDBG Economic Development
Housing Pool
Housing Education
Home Ownership/Rehabilitation
Homeless Activities - Housing Pool
Public Facilities
Public Services
Total
$ 20,000.00
$ 30,000.00
$ 87,600.00
$ 467,818.50
$ 120,500.00
$ 122,205.00
$ 794,445.00
$ 75,000.00
$ 584,150.00
$ 230,788.50
$ 562,498.00
$ 182,700.00
$ 3,277,705.00
Funding for home ownership activities included using CDBG, HOME Program and SHIP
funds for owner-occupied rehabilitation, down payment assistance, new housing
development, real property acquisition and disposition, and housing
counseling/educational programs.
Through the Economic Development Loan Program, administered by Clearwater
Neighborhood Housing Services, a total of $122,205 was allocated to provide four (4)
economic development loans for job creation, training and placement services to for non-
profit and for profit businesses.
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The impact on the community for building new homes in the neighborhood revita1ization
strategy has been positive. As a result, there continues to be an increase of community
spirit and reinvestment and families with higher incomes continue to move back into the
neighborhoods.
FY(}.I-OS CAPER - J 1.29.05
45
Because 100% of the funds expended benefit very-low to moderate-income, families the e
national objectives were met. The expenditure of these funds did not result in the
permanent displacement of families and/or businesses. Temporary relocation expenses
were provided to families who were required to be relocated during this renovations to
their homes.
CDBG NARRATIVE
Re.ationshio of the use of CDBG funds to the oriorities needs 20als and soecific
objectives.
The City utilized a strategy of diversification when selecting CDBG eligible activities.
Funds in the amount of $461,297 were allocated for administration (including program
delivery for rehabilitation, infi1l and economic development activities, $112,705 for
economic development loans, $59,285 for housing activities (rehabilitation, down payment
assistance, acquisition, disposition, etc.), $302,848 for public facilities and improvements
and $171,450 for public services.
Details of how these funds addressed the individual objectives are listed in the Self-
Evaluation section of this report.
Nature and reasons for any chan2es in or02ram obiectives
.
There were no changes or amendment to program objectives.
Assessment of 2I"antee efforts in carrvin2 out the o.anned actions
. All resources (CDBG, HOME and SHIP) listed in the Consolidated Plan were
obtained with the exception of the Homeless Emergency Project's Thrift Shop and
Transitional Housing Project and Clearwater Homeless Intervention Project's
Parkbrooke Apartments.
. The City supported the Homeless Emergency Project in an application for federal
funds.
. In addition to CDBG, HOME and SHIP funds, the City was successful in obtaining
private sector leveraging for new housing construction and financing home purchases.
Actions of funds used outside the national obiectives
All CDBG funds were used for activities that meet the national objectives.
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FY04-05 CAPER - 11.29.05
46
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.
Acauisition. rehabilitation and demolition narrative
Neither the City, nor its subrecipients, acquired or rehabilitated buildings that resulted in
the displacement of business, individuals or families as a result of projects funded with
CDBG or HOME dollars. All properties that were acquired with CDBG funds were
voluntary and mostly vacant parcels.
The City's subrecipients purchased all properties acquired during this reporting period.
They include Clearwater Neighborhood Housing Service, Inc., Tampa Bay Community
Development Corporation, Community Service Foundation, and Habitat for Humanity.
When subrecipients become interested in a property they want to acquire, the following
steps are required:
. The subrecipient informs the property owner that they are interested in the
property.
. The subrecipient sends out HUn Guide Notice - Disclosures to Sellers with
Voluntary, Arm's Length Purchase Offer.
. The subrecipient informs the owner that they do not have the power of eminent
domain and that the purchase would be a strictly voluntary transaction.
. If the owner is interested in selling the property, then an appraisal is obtained.
. The subrecipient then determines just compensation for the property.
. The subrecipient then offers just compensation to the owner.
· Should the owner agree to the offer, the subrecipient may purchase the property.
· If the offer is not acceptable to the owner, then both parties walk away from the
deal.
Temporary relocation benefits were provided to eligible homeowners while their homes
were being rehabilitated. Temporary benefits include moving, storage, temporary rents,
and utilities.
FY04-05 CAPER - 11.29.05
47
.. I
Economic DeveloDment Narrative
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For fiscal year 2004-2005 the City provided $112,705 for economic development
activities. The funds were provided to Clearwater Neighborhood Housing Services
(CNHS) for loan funds to non-profit and for profit businesses to hire low to moderate
income individuals and/or provide an area benefit to a low to moderate- income
community.
In this reporting period the agency provided four (4) business loans for $62,000. Seven
(7) jobs have been made available to low to moderate-income individuals as a result of this
activity .
The City continued to keep our allocation of $85,000 to improve the business facades in
the North Greenwood Commercial District in previous reporting period. No funds were
expended due to the road construction project on Martin Luther King Avenue. One
application was received during the period, but the business decided to not move forward
with the proposed renovations. The City rolled out this program in the second quarter of
FY2003-04. To date we have received on application and numerous inquiries. The
assistance for the Fa~ade Program will be in the form of a matching grant or a low-interest
loan.
Limited Clientele Narrative
The City and its subrecipients maintain files that document all clients who qualify for the
limited clientele designation.
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Pr02ram Income Narrative
Please see HUD Financial Summary Report - Program Income Section
Rehabilitation Pro2ram Narrative
Please see Self Evaluation Section of Report
Please see HUD Rehabilitation Report.
.
FY04-05 CAPER- 11.29.05
48
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HOME NARRATIVE
HOME Pro2ram Distribution Analvsis
The City received an allocation of$577,115 in HOME Entitlement Funds for FY2004-05.
The majority of the funds were set aside for rental housing development. The budget for
this reporting period show that funds for the entitlement allocation were budgeted in the
following manner:
Subrecipient Housing Pool $
Community Housing Development Organizations $
Housing Rehabilitation $
Homeless Activities $
Program Administration $
TOTAL $
100,000.00
87,600.00
188,000.00
143,803.50
57,711.50
577,115.00
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Funds set aside in the Subrecipient Housing Pool may be used for home ownership
rehabilitation, new single family housing construction, down payment and closing cost
assistance, acquisition of real property and other related housing costs. Funds set aside
for the Community Housing Development Organization is undetermined. The Homeless
Emergency Project used HOME funds to construct an eight-unit transitional housing
community that was completed during this reporting period.
The table shown below list the activities in which the funds were expended during this
reporting period with the $577,115 entitlement allocation.
$ 52,695.00
$ -7,884.00
$ 0
$ 0
$ 14,835.00
$ 90,024.00
$ 0
$ 0
$ 149,671.00
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FY04-05 CAPER - 11.29.05
49
~--
The $52,695 figure reflects the general administrative costs to implement the HOME _
Program and program delivery costs to prepare and close loan and provide construction ..,
management. The $90,024 expenditures for Mt. Carmel community Development
Corporation and Homes for Independence allow the agency to purchase real property to
build an eight (8) unit elderly rental housing complex and other housing. A final amount
of $14,835 was expended on Fulton Apartments.
The remaining HOME allocation will be used for homebuyer opportunities and new
construction. In this reporting period no was expended on providing down payment and
closing costs assistance. A total of $90,034 was expended between activities that our
ClIDOs are undertaking and the City's Infill activities. An additional $2,538 was
provided to a consultant to assist in the home building efforts associated with a small
subdivision being planned in South Greenwood.
The City of Clearwater has four (4) certified Community Housing Development
Organizations (CHOOs) to date. Clearwater Neighborhood Housing Services, Inc., Largo
Area Housing Development Corporation, Mt. Cannel Community Development
Corporation, and Homes for Independence, Inc.
Clearwater Neighborhood Housing Services, a long time housing partner was formally
adopted in October 1999. They were awarded the FYl997 and 1998 the ClIDO
allocations of $60,400 and $63,500, respectively. In June of 2000, the Largo Area
Development Corporation (LADC) was approved as a CHOO. They were awarded the ..
FY1999 CHOO allocation of $64,700 and the FY2000 allocation of $67,500. Mt. Carmel ,.,
Community Development Corporation was certified as a CHOO in 2002 and was
allocated the City's FY2001 ClIDO allocation of $71,000. During this reporting period
the City awarded $77,100 in FY2002 ClIDO funds to Homes for Independence, Inc. for
the predevelopment costs associated with the proposed special needs rental development
for physically disable individuals. It is anticipated that this project will begin some time
during 2005. The City awarded the FY2003 CHOO allocation of $88,902 to Clearwater
Neighborhood Housing Services in September of this year to perform infill and
redevelopment activities in the North Greenwood Neighborhood.
Clearwater Neighborhood Housing Services, Inc. expended $124,790 to build a new
single family home for a low to moderate-income family. Largo Area Housing
Development Organization also expended their allocation of $84,024 to build an
affordable housing unit. Mt. Carmel Community Development Corporation will use their
allocation to develop elderly rental housing in the North Greenwood Area. The city will
allow all organizations to retain the CHOO proceeds from each of these projects. Three
ClIDO projects are located in the North and South Greenwood Neighborhood
Revitalization Strategy Areas and Homes for Independence's proposed project will be in
East Clearwater.
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FY04-05 CAPER - 11.29.05
50
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HOME Match Renort
Please see attached Match Report in Appendix under "IDIS Reports".
Minoritv and Women's Business Entemrises ReDort .. BUD Form..4107
Please see attached Minority and Women's Business Enterprise Report in Appendix under
"IDIS Reports".
HOME insnections and affirmativelv marketin2 actions and outreach to minority
and women owned businesses.
Two rental housing developments previously funded and subject to HOME monitoring
were inspected during this reporting period. Those housing developments included
Wellington Apartments and Lexington Apartments. Wellington Apartments provide
housing for all low to moderate-income families and Lexington Apartments provide
housing for the elderly.
The city inspected both apartment complexes for program compliance. They were listed as
floating units and met most of the program requirements. The monitoring visit to
Wellington Apartment did not show any areas of non-compliance.
The city is in the process of hiring a consultant to prepare the Analysis of Impediments to
Fair Housing Choice. The analysis should be completed by June 2006
HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS NARRATIVE
The City of Clearwater did not receive any HOPW A funding during this reporting period
FY04-05CAPER- 11.29.05
51
EMERGENCY SHELTER GRANT NARRATIVE
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The City of Clearwater did not receive any ESG funding during this reporting period.
PUBLIC PARTICIPATION
The City maintains a Neighborhood and Affordable Housing Advisory Board to encourage
public participation. The Board meets periodically throughout the year to discuss and
make recommendations to City Staff and the City Council on housing related issues. The
City Clerk's Office maintains minutes from these meetings.
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-
FY04-05 CAPER - 11.29.05
52
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APPENDIX
CITY OF CLEARWATER
FY2004-2005
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
. City of Clearwater - Ethnicity Census Data
. City of Clearwater - Housing Element
. City of Clearwater - Section 3 - Affirmative Action Plan
Forms
. . City of Clearwater - Housing Division Website Information
. Citizens Comments
. City of Clearwater - Direct Benefit Information
. Budget & Expenditure Summary
. IDIS Reports (I'o be included with HUD submitted copy)
.
FY04-05CAPER- 11.29.05
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.
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CITY OF CLEARWATER
FY2004-2005
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Census Ethnicity Data
FY04-05 CAPER - 11.29.05
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CITY OF CLEARWATER
FY2004-2005
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Comprehensive Plan - Housing Element
FY04-05CAPER- 11.29.05
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Housing Needs Summary
The following sununarizes the Housing Element:
. The mix of housing types is fairly evenly divided between single-family and multi-family homes
with much of the growth attributed to multi-family housing. Mobile homes account for
approximately 8% of the total housing units in the City. City policies with regard to zoning and
development will need to continue to recognize this housing mix.
· The increase in the cost of new single-family homes has risen dramatically faster than the sale
price of existing single family homes. To maintain affordable housing, rehabilitation and
neighborhood preservation is to be preferred over demolition and redevelopment of existing
neighborhoods.
· While the median cost of housing was less than thirty percent (30%) of income across the board
for owner occupied households; the median cost was forty-five percent (45%) of income for
lower income renters. Accordingly, there continues to be a need for affordable housing for very
low, low, and moderate-income households.
· Although the number of housing units lacking complete plumbing, kitchen facilities or heating
equipment is relatively small and has been declining, it is incidental to rental housing. Continued
code enforcement to reduce these conditions fwther should be supported.
.
Clearwater's Community Development Code provides for group homes and group care facilities
and requires a minimum separation requirement of 1,000 feet between such uses. Certain types
of facilities, such as child or spouse abuse centers require increased confidentiality and require
additional coordination by the police department and the Department of Health and
Rehabilitative _Services.
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· The population of the City of Clearwater is expected to grow to 112,830 permanent residents by
the year 2010. To accommodate permanent and seasonal residents and maintain a healthy
vacancy rate, approximately 2,500 new housing units will be needed.
· Large, vacant parcels ofland are scarce in Clearwater. Because of this, infill development of
small vacant lots and under-utilized parcels will be necessary, and should be encouraged, to
provide for new households.
· Impact fees significantly affect the cost of new housing. Methods of balancing the objectives of
affordable housing and adequate infrastructure need to be explored.
· Clearwater will continue, as it has in the past, to promote and support fair housing practices.
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Goals. Obiectives. and Policies
Housing
GOALS, OBJECTIVES, AND POLICIES
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13. GOAL - AN AFFORDABLE VARIETY OF STANDARD HOUSING UNITS IN
DECENT AND SAFE NEIGHBORHOODS TO MEET THE NEEDS OF CURRENT
AND FUTURE RESIDENTS REGARDLESS OF RACE, NATIONALITY, AGE,
MARITAL STATUS, HANDICAP, OR RELIGION.
13.1 Objective for Adequate Housing - Assure an adequate supply of housing in
Clearwater by providing for additional new dwelling units in a variety of types,
costs, and locations to meet the needs of the residents of the City of Clearwater.
Policies
13,1.1 Maintain sufficient residentially zoned acreage, of varying densities and
locations, to accommodate the existing and future housing needs of the City of
Clearwater.
13.1.2 Residential Infill Projects, as defmed in the Community Development Code,
shall be utilized in order to accommodate innovative project designs, which
provide for a mix of dwelling types at varying costs.
13.1.3 lbrough application of the Concurrency Management Section of the
Community Development Code, the City of Clearwater shall assure sufficient
utility capacity to accommodate an adequate supply of housing.
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13.1.4 The City shall encourage the involvement of private sector fmancial institutions
in recognizing and meeting the community's housing needs.
13.1.5 City of Clearwater shall continue to provide information, incentives, and
technical assistance to the private sector in order to achieve housing production
that meets the needs of very low, low, moderate, and riliddle income
households.
13.1.6 The City shall further fair housing goals so that a variety of housing
choices are available to households without regard to religion, handicap,
age, or race, nation origin, or marital status.
13.2 Objective for Affordable Housing - The City of Clearwater shall continue to
provide assistance and incentives for the development of housing that is affordable
to Very Low, Low, and Moderate Income households, including those with special
needs, consistent with the level of growth in these income categories.
Policies
13.2.1 Continue to utilize Community Development Block Grant funds for the
construction and/or rehabilitation of housing units which will be affordable to
very low and low-income, households consistent with Federal income
guidelines.
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C-2
Goals. Objectives. and Policies
Housing
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13.2.2 Continue to use Federal programs to provide rental subsidy assistance to very
low, low, and some moderate-income households.
13.2.3 Continue to review new construction techniques, materials, building codes, and
housing codes in order to determine where housing costs can be reduced
without sacrificing the quality of housing for very low and low income
households.
13.2.4 The City shall continue to utilize the Challenge 2000 Program to assist very-
low, low, and moderate-income households in obtaining mortgage financing.
13.2.5 The City shall continue to support the addition of rental housing as needed to
meet the needs of very-low, low, and moderate-income households.
13.3 Objective for Housing Conditions - The City of Clearwater shall encourage the
elimination of substandard housing units through demolition, upgrades,
renovation and preservation efforts.
Policies
13.3.1 Define "substandard" housing units as those which do not provide safe and
adequate shelter and require major renovation to bring them up to the
Clearwater Minimum Housing Code or are lacking one or more essential
plumbing facilities, i.e., hot and cold piped water, private toilet, and private
shower or bath for the exclusive use of the unit.
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13.3.2 Define "suitable for rehabilitation" as those housing units in deteriorating
condition due to inadequate maintenance or accidental damage which requires
repair equal to or less than seventy-five percent (75%) of its value subsequent to
renovation or having as the primary deficiency, the lack of one or more
essential plumbing facilities. Units must be located in available neighborhood
either having adequate community facilities or with necessary capital
improvements in the current C.I.P. program.
13.3.3 The Neighborhood Services Department shall continue to monitor and evaluate
factors which contribute to neighborhood stability and adopt strategies for
neighborhood preservation.
13.3.4 Program capital improvements in concert with the neighborhood preservation
strategies to encourage neighborhood stability.
13.3.5 Encourage ongoing maintenance through programs that foster pride in
ownership and individual efforts.
13.3.6 Provide incentives for voluntary, private rehabilitation of owner occupied and
rental housing units.
13.3.7 Continue to utilize the Unsafe Structures Program as a means of rehabilitating
and/or demolishing unsafe structures within the City of Clearwater.
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C-3
Goals. Objectives. and Policies
Housing
13.3.8 Continue to review and update housing related codes to allow optimum use of
labor and materials.
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13.3.9 Continue to contribute to the support of Clearwater Neighborhood Housing
Services, Tampa Bay Community Development Corporation and other
organizations promoting neighborhood revitalization and stability.
13.4 Objective for Adequate Sites for Very Low, Low and Moderate Income
Households Continue to provide zoning and land use regulations which allow for
the development and redevelopment of affordable housing in stable
neighborhoods.
Policies
13.4.1 All assisted housing shall meet the requirements of the Community
Development Code, including landscaping, and shall be consistent with the
character of the surrounding neighborhood.
13.4.2 Assisted housing should be located in close proximity to employment centers,
mass transit services, parks, and commercial centers.
13.4.3 Buildings and grounds at assisted housing locations should be maintained so as
to preserve a desirable living environment.
13.4.4 Maintain residential zoning districts in a variety of densities and locations in
order to accommodate more affordable small lots, small and medium size
apartments, and mobile homes.
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13.4.5 Continue to utilize zoning to minimize and mitigate commercial encroachment
in residential areas.
13.4.6 Mobile homes shall be maintained as an affordable housing option for existing
and future residents. The City of Clearwater shall continue to utilize the Mobile
Home Park zoning classification for defining existing and proposed mobile
home sites.
13.5 Objective for Group Homes and Foster Care Facilities and special needs_housing -
Continue to provide zoning and land use regulations which allow the establishment
of group homes, foster care facilities and special needs.housing subject to
minimum State requirements.
Policies
13.5.1 Establish population based standards for group homes and foster care facilities
in concert with lmowledgeable State and community human services
organizations.
13.5.2 Encourage and assist human services agencies and other community groups in
developing special living facilities at a level appropriate to Clearwater's
population and needs.
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C-4
Goals. Objectives. and Policies
Housing
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13.5 .3
Periodically review and adjust the separation requirement for group homes as
found in the Community Development Code so that the requirement contini1es
to function to provide broad dispersion without inhibiting these facilities by
saturation of available areas. The separation requirements will not be more
restrictive than the minimum requirements of the State of Florida.
13.5.4 Provide zoning, inspection, and other appropriate local government technical
assistance to the Clearwater Housing Authority and other agencies involved in
the provision of housing.
13.5.5 The City of Clearwater shall continue to permit licensed group homes in all
residential districts provided the use meets the minimum separation requirement
of the State of Florida and development standards found in the Conununity
Development Code.
13.5.6 The City shall coordinate with the Department of Children and Families and the
Clearwater Police Department in the placement of child and spousal abuse
facilities in order to ensure the requisite confidentiality.
13.6 Objective for Housing Conservation and Rehabilitation - Through both private
and public resources, the City of Clearwater shall encourage the conservation,
rehabilitation, and preservation of the existing housing stock, including historically
significant housing.
Policies
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13.6.1 The Community Response Team shall continue to utilize a collaborative code
enforcement process for housing in the North and South Greenwood
neighborhoods in order to provide residents with information regarding
rehabilitation assistance programs and the additional time needed to bring
housing structures in this area into compliance.
13.6.2 Use Community Development Block Grant, HOME, and SHIP funds for
programs and improvements throughout the City with special emphasis on
North Greenwood, South Greenwood and East Clearwater neighborhoods and
such other neighborhoods as may require programming attention.
13.6.3 Involve private lending institutions in the development of programs which
encourage a greater degree of flexibility in lending policies with respect to
improving older neighborhoods.
13.6.4 Encourage private lending institutions, through their participation in program
and project planning, to be more responsive to the home income needs of very
low, low, and moderate-income households.
13.6.4 Involve private lending institutions in the planning and development of
programs designed to help with small business economic development loan
needs in very low, low and moderate-income neighborhoods.
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13.6.5 Improve conununity services and facilities to an acceptable standard in
redevelopment areas.
C-5
Goals. Objectives. and Policies
Housing
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13.6.6 Use rehabilitation of public housing units as well as the provision of new
housing to increase the housing stock for low and moderate income households.
13.6.7 The City of Clearwater shall continue to protect and preserve historically
significant housing and neighborhoods through the implementation of Historic
Preservation Section (Division 10) of the Community Development Code.
13.7 Objective for Relocation Housing - Where public projects of the City require the
relocation of individuals and/or families, relocation assistance shall be provided
where it is necessary for safe and adequate shelter.
Policies
13.7.1 The City shall provide temporary relocation assistance to enable rehabilitation
of substandard housing.
13.7.2 The City shall provide relocation assistance and counseling, as needed, to effect
the clearance of dangerously deteriorated houses.
13.7.3 The City shall regularly monitor grant opportunities and provide coordinating
services to assist in maximizing intergovernmental revenues and assistance
targeted to housing and neighborhood improvements.
13.7.4 The City shall determine that adequate mobile home sites or other suitable sites
exist for the relocation of mobile home owners prior to actions, including the
approval of a rezoning, which result in removal or relocation of mobile home
owners.
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13.8 Objective for Housing Implementation Programs Clearwater Neighborhood and
Affordable Housing Advisory Board, which includes representatives from agencies
directly involved in housing issnes will serve as a standing committee on housing
and will assist in facilitating planning efforts and provide coordinated housing
programs on a local level.
Policies
13.8.1 Utilize applicable Federal and State programs to provide local housing.
13.8.2 Participate with the Tampa Bay Regional Planning Council in the preparation
of housing plans and programs.
13.8.3 Participate with Pinellas County in providing short-term emergency housing for
the homeless and transitional housing for qualifying households with special
needs.
13.8.4 Promote equal opportunity for all persons, regardless of race, sex, age, or
marital status in obtaining adequate housing and eliminate discrimination in
housing.
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C-6
Goals. Objectives. and Policies
Housing
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13.8.5 The City of Clearwater shall continue to implement all existing and future
housing programs without regard to race, national origin, handicap, age, or
familial status.
13.8.6 The City of Clearwater shall continue to investigate complaints concerning the
lending policies of local lending institutions to assure non-discriminatory
lending practices and guard against redlining.
13.8.7 The City shall continue to work with the Local Housing Authority in providing
a public housing stock that is consistent with the existing and future needs of
the residents of the City of Clearwater.
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C-7
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CITY OF CLEARWATER
FY2004-2005
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Section 3 - Affirmative Action Plan Forms
FY04-05 CAPER - 11.29.05
II.
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CITY OF CLEARWATER
ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SECTION 3 AFFIRMATIVE ACTION PLAN
(Prime Contractor)
[For Prime Contracts that exceed $100,000]
, Contractor, agrees to implement the following specific affirmative
action steps directed at increasing the utilization of Section 3 Residents' and Section 3 Business Concerns
within the Town/City/County of Clearwater.
A. To ascertain from the locality's CDBG Program official the exact boundaries of the Section 3 Covered
Project Area and where advantageous, seek the assistance of local officials in preparing and
implementing the affirmative action plan.
B. To attempt to recruit from within the Town/City/County the necessary individuals to fill employment
opportunities generated by Section 3 covered assistance through: local advertising media, signs placed
at the proposed site for the project, and community organizations and public or private institutions
operating within or serving the project area such as Service Employment and Redevelopment (SER),
Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program,
Hometown Plan, or the U.S. Employment Service and providing preference for these opportunities in
the following order:
(i)
Section 3 Residents residing in the service area or neighborhood in which the Section 3
covered project is located;
(ii)
Participants in HLJD Youthbuild Programs, and
(iii)
Other Section 3 Residents.
C. To maintain a list of all lower income area residents who have applied either on their own or on referral
from any source, and to employ such persons, if otherwise eligible and a vacancy exists.
D. To insert this Section 3 Affirmative Action Plan in all bid documents for contracts over $100,000, and to
require all bidders on subcontracts over $100,000 to submit a Section 3 Affirmative Action Plan,
including utilization goals and the specific steps planned to accomplish these goals.
E. To insure that subcontracts over $100,000 which are typically let on a negotiated rather than bid basis
in areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever
feasible, when let in a Section 3 covered project area.
F. To formally contact unions, subcontractors and trade associations to secure their cooperation for this
program.
G. To notify Section 3 residents and Section 3 business concerns about economic opportunities
generated by Section 3 covered assistance and to award Section 3 covered contracts, to the greatest
extent feasible, to Section 3 business concerns in the following order of preference:
(i) Section 3 business concerns that provide economic opportunities for Section 3 residents
in the service area or neighborhood in which the Section 3 covered project is located;
,
(ii) Applicants selected to carry out HUD Youthbuild projects;
(iii) Other Section 3 business concerns.
H. To notify potential contractors about Section 3 requirements of this part, and incorporating the Section
3 clause in all solicitations and contracts.
I. To facilitate the training and employment of Section 3 residents and the award of contracts to Section 3
business concerns undertaking activities to reach the numerical goal established by HLJD.
J. To cooperate in obtaining the compliance of contractors and subcontractors with the requirements of
Section 3.
K To submit reports to DECD and HUD on the results of actions taken to provide training, jobs and
contracts to Section 3 residents and Section 3 business concerns.
L. To appoint an executive official of the company or agency as Equal Employment Opportunity Officer to
coordinate the implementation of this Section 3 Affirmative Action Plan.
M. To document utilization of Section 3 Employees on the covered project by having new employees,
(including those of all subcontractors) from the Section 3 Area, complete the Section 3 Income
Worksheet as provided by DECD
N. To complete a Section 3 Utilization Report and submit said report to DECD, HUD, or their designee
prior to final payment for the covered project; This report will list all Section 3 Employees documented
on the Section 3 Income Worksheets and be in the format provided by DECD.
O. To maintain records, including copies of correspondence, income verification memoranda, etc., which
document that all levels of the above affirmative action steps have been taken.
As officers and representative of:
(Name of Contractor)
On behalf of the Company, I have read and fully agree to the Section 3 Affirmative Action Plan, and
become a party to the full implementation of this program.
Name and Title of the Authorized Representative (print or type)
Signature of Authorized Representative
Date
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CITY OF CLEARWATER
ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SECTION 3 AFFIRMATIVE ACTION PLAN
(Subcontractor)
[For Subcontracts that exceed $100,000]
, Subcontractor, agrees to implement the following specific
affirmative action steps directed at increasing the utilization of Section 3 Residents' and Section 3 Business
Concerns within the Town/City/County of Clearwater.
A. To ascertain from the locality's CDBG Program official the exact boundaries of the Section 3 Covered
Project Area and where advantageous, seek the assistance of local officials in preparing and
implementing the affirmative action plan.
B. To attempt to recruit from within the Town/City/County the necessary individuals to fill employment
opportunities generated by Section 3 covered assistance through: local advertising media, signs placed
at the proposed site for the project, and community organizations and public or private institutions
operating within or serving the project area such as Service Employment and Redevelopment (SER),
Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program,
Hometown Plan, or the U.S. Employment Service and providing preference for these opportunities in
the following order:
(i)
Section 3 Residents residing in the service area or neighborhood in which the Section 3
covered project is located;
(ii)
(iii)
Participants in HLJD Youthbuild Programs, and
Other Section 3 Residents.
C. To maintain a list of all lower income area residents who have applied either on their own or on referral
from any source, and to employ such persons, if otherwise eligible and a vacancy exists.
D. To insert this Section 3 Affirmative Action Plan in all bid documents for contracts over $100,000, and to
require all bidders on subcontracts over $100,000 to submit a Section 3 Affirmative Action Plan,
including utilization goals and the specific steps planned to accomplish these goals.
E. To insure that subcontracts over $100,000 which are typically let on a negotiated rather than bid basis
in areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever
feasible, when let in a Section 3 covered project area.
F. To formally contact unions, subcontractors and trade associations to secure their cooperation for this
program.
G. To notify Section 3 residents and Section 3 business concerns about economic opportunities
generated by Section 3 covered assistance and to award Section 3 covered contracts, to the greatest
extent feasible, to Section 3 business concerns in the following order of preference:
(i)
Section 3 business concerns that provide economic opportunities for Section 3 residents
in the service area or neighborhood in which the Section 3 covered project is located;
(ii)
Applicants selected to carry out HUD Youthbuild projects;
(iii)
Other Section 3 business concerns.
H. To notify potential contractors about Section 3 requirements of this part, and incorporating the Section
3 clause in all solicitations and contracts.
I. To facilitate the training and employment of Section 3 residents and the award of contracts to Section 3
business concerns undertaking activities to reach the numerical goal established by HLJD.
J. To cooperate in obtaining the compliance of contractors and subcontractors with the requirements of
Section 3.
K To submit reports to DECD and HUD on the results of actions taken to provide training, jobs and
contracts to Section 3 residents and Section 3 business concerns.
L. To appoint an executive official of the company or agency as Equal Employment Opportunity Officer to
coordinate the implementation of this Section 3 Affirmative Action Plan.
M. To document utilization of Section 3 Employees on the covered project by obtaining income
information from new project area employees on the Section 3 Income Worksheet.
N. To provide all Section 3 Income Worksheets to the prime contractor for inclusion in the Section 3
Utilization Report prior to receipt of final payment of CDBG funds.
O. To maintain records, including copies of correspondence, income verification memoranda, etc., which
document that all levels of the above affirmative action steps have been taken.
As officers and representative of:
(Name of Subcontractor)
On behalf of the Company, I have read and fully agree to the Section 3 Affirmative Action Plan, and
become a party to the full implementation of this program.
Name and Title of the Authorized Representative (print or type)
Signature of Authorized Representative
Date
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CITY OF CLEARWATER
FY2004-2005
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Housing Division Website
FY04-05CAPER- 11.29.05
2
Housing Division
City Home> Government> City Departments> Economic Develooment and Housina > Housing Division
Economic Development and Housing
Economic
Development and
Housing Home
Housing Division
Housing Division Resources
. D_ocuJrlents
Documents and
Publications
· f'[Qg.r.~m_~
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Development
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Lending Information
· W__l~I~Lt;~LG~t.H~lp
· M_~I!~
Documents
Some of the files below are Adobe@ POF documents.
Main Street Program
. FY 2005-2010 Consolidated Plan
. NEW! - FY200S-2010 Consolidated Planning
DQ(;YJlleJlt (*12 MB file*)
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· (:1~~.rw.~.t;~.r...H.VD...I,..Qwl.MQd...(:~.!lsu~...I!l(;Q.m~J)~:I:~
About Clearwater
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· .F!;l.i.r..tt~LlIsing.._~_H!JJ:rl~!:wJ:~.s
· F!;liIHQlJsingl,,~ws
. Fair Housing Newsletter
· FIQric::li::!_Li::!.o.dJorc::l::::TengotllllQIm.i;l.tIQO
· Hl"J06m<;hl,lre
· Hl"J.P_6IQ<::h-'JuLC_s..p~!Jl?JJ.l
. Reasonable Accomodations
.SeOiQfs'.E:i;ljeHQ.!Jsin9_RightS
Recommended Links
Organization Chart
Contact Economic
Development and
Housing
e
. Income 8a. Rent Limits
· 2.005.Jn~.Qme_.bjmlts
. 2005 Rent Schedule (By Number of Bedrooms in
http://www.myclearwater.com!gov /depts/econ _ devellhousing.asp
Qt
~
Page 1 of 5
s
I
Site M
11/18/2005
Housing Division
Page 2 of 5
UJJ1U
. Housing Affordability
· AffQr.d..flbJ~_H9Y~!.09:_At_Whfl_LC.9~n
e
. Lead-Based Paint - Education &. Outreach
. t1J!I2_Te_~hnjJ;.i:l1 Guidelines for the Evaluation and
Control of Lead-Based Paint Hazards in Housing -
information provided by the U.S. Department of
Housin9 and Urban Development
· l,,~fld.jnpgint~_Qq$t~D.d.$.QiJ - information from the
EPA
· PrQt~.ctYQYLFflmJIy-JrQm.....I,,~fld..in...YQU.LH.Qm~-
information from the EPA
· p[Qt~!;;tYouJ:..f.flmiJYJromJ,gqd.inY.Qu[JiQm~_(Jo.
Spanish) - information from the EPA
· EPALl.:!l,m.....Fflct.Sh~~t...9n_...I,,~ad..:.6.asec;tPaint..Ha?'ard.s
i.o.....HQusJng
. p.J~c1~tQr~LL-endil19-poc:u ments
.(Ii~t''''- HUD Rule on Pred_~tQr_y_J,._~Jl~irrg
. Fannie Mae Foundation Publications (ilyailable in
multiple languages)
. KnQ~Jng and U nd erstaJWJng'yQYLJ:::Ce.d.JJ:
· Qpeningth~DQorJQfll.:!QmeotYOULQWD
.Cooosin9Jhe....Mort9Q9.e_th.flt.is_Right.JorYQu
· _6o[[QwJn9_.6flsJ~$:_WJ]a_t_YOIJQQn't..Ko.Ow...Ca.[I..t1.Yrt
YQJ,t
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. Financial Education
· f.e.c;t~r.~Qy.eJ:n llleDt_FJIlflD!;;i_aL!:;c;LI.Ic:.atioD
. Senior Housing
. HUD's Senior Housing Webpage
. Homelessness
· CQ.l.l..otY_HQmel~Ss_...PQH!;;YG.r::QUP
. Subrecipient Forms FY 2004-2005
· PaYm~DtR~q\J~stfQ[m
. Monthly Program Activity Report
· M.QnthJv_Pr09r.fl.IllA!;;tivity..RePQrt...:::...Ed.Yc:fltio.f1.....~
CQunseJI09.
. FY 04-05 CAPER
. fY...Q4-Q5CAPER..Noti!;;eof..Vjew~...PlJl:>Ji!;;_Hearin9.
[6ackJQTQP]
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Programs
http://www.myc1earwater.com!gov/depts/econ _ devel/housing.asp
11/18/2005
Housing Division
Page 3 of 5
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Do You Own a Home In Need of Repairs?
Are You Considering Buying a Home?
The City of Clearwater's Housing division and its community
partners may be able to help.
Down-payment and closing-costs assistance and/or
rehabilitation loans are available for eligible households.
Homeownership Rehabilitation
The City of Clearwater can provide loans to help you rehabilitate
your home.
e
. To be eligible for the City of Clearwater's Housing
Rehabilitation Loan program, you must own and occupy a
single-family home. Your rehabilitation plans must
address all code related repairs found in the home.
. Financing of certain items such as appliances, window
treatments, swimming pools and spas cannot be included
as part of these programs.
. The assistance will be in the form of a deferred payment
loan or low interest loan,depending on a household's
income and nature of the rehabilitation. A deferred
payment loan allows the borrower to delay repayment on
the loan as long as they reside in the home (other
conditions also apply).
. Emergency Repair loans are also available to correct
serious home hazards such as roof and plumbing leaks
and electrical problems.
RebilbllitatlQn - Q & A
Homebuyer Assistance
Loan funds are available to help homebuyers cover part of their
down payment and closing costs when purchasing a home.
e
The City of Clearwater through its approved non-profit housing
agencies provides down payment and closing costs assistance to
income eligible households who meet the program criteria.
Assistance is provided in the form of a deferred payment loan
with no interest and/or payments as long as the borrower does
not sell, refinance, rent or otherwise transfer title of the
property. The property to be purchased must be borrower's
principal residence. Loans of up to $50,000 can be made
depending on income level, the location of the home and
whether the home is new or existing. Homes that receive
assistance must be new construction or involve some form of
rehabilitation to be eligible. The City will provide additional funds
for persons desiring to build a home in one of the City's Target
Areas. The maximum sales price for existing and new homes is
$170,000. Loans are not provided for refinancing. Borrowers
must attend a free Home Buyer Education workshop prior to
receiving assistance. For more information on the workshops
and program please contact one of the organizations listed.
http://www.myc1earwater.comlgov/depts/econ _ devel/housing.asp
11/18/2005
Housing Division
Page 4 of5
Requirements for all programs
. Borrowers/Participants must meet program income
guidelines
. Homes must be in the city limits of the City of Clearwater
. Borrowers/Participants must provide documentation on
their household income and assets along with other
program requirements
. All program are governed by the United States
Department of Housing and Urban Development, The
State of Florida - State Housing Initiatives Partnership
(SHIP) Program and/or the City of Clearwater's -
Economic Development and Housing Department -
Housing Division
. An experienced Loan Officer will help determine if you or
your households meet the gUidelines for the program
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Information you will need to provide
Borrowers/Participants seeking rehabilitation assistance must
provide the following items at a minimum:
. A copy of the Warranty Deed
. Proof of Home Owner's Insurance
. Title Insurance Policy
. Income Eligibility
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[Bilckto Top]
Where to Get Help
Community Housing Partners
You may call the city's Housing division or contact one of the
approved non-profit organizations listed below to find out what
documentation you will need to submit along with your
application.
Clearwater Neighborhood Housing Services, Inc. (R)
608 North Garden Avenue
Clearwater, Florida 33756
(727) 442-4155
(727) 446-4911
Community Service Foundation
925 Lakeview Avenue
Clearwater, Florida
(727) 461-0618
Ihg_IiQm~lby-ygrs _.clY1LQ.t.::rjlm-A~LBjJY
2139 NE Coachman Road
Clearwater, Florida 33758
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http://www.myclearwater.com!gov/ depts/econ _ devel/housing.asp
11/18/2005
Housing Division
Page 5 of 5
(727) 446-6222
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Homes for Independence (R)
2735 Whitney Road
Clearwater, FL 33760
(727) 538-7370, ext. 357
I;;lI m P-iI- Bu_~omm u nitYJ2e.J{eIQprn~nt_.c_Q.rRoration
2139 NE Coachman Road
Clearwater, Florida 33758
(727) 442-7075
(727) 442-4575
Largo Area Housing Development Corporation (R)
2139 NE Coachman Road
Clearwater, Florida 33758
(727) 442-7075
(727) 442-4575
(R) - These organizations perform rehabilitation
activities.
[Back to Top]
Maps
.
. North Greenwood Neiqhborhood Revitalization Area Map
(*669KB file*)
. South Greenwood Neighborhood RevitalizatiQn_AI~~
(*348.7KB file*)
[ Previous Page]
[ Top of Page]
City Home I Information I Services I Activities I Government I Employment
S.iteMap I !;spanQ! I CQnt.ag;l,)s Il.e9al.NQtices
Page last updated Tuesday, November 15, 2005
@2005 City of Clearwater
.
http://www.myclearwater.com/gov/depts/econ _ devel/housing.asp
11/18/2005
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CITY OF CLEARWATER
FY2004-2005
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Citizen Comments
FY04-05 CAPER- 11.29.05
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CITY OF CLEARWATER
FY2004-2005
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Direct Benefit Information
FY04-05 CAPER - 11.29.05
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CITY OF CLEARWATER
DIRECT BENEFIT INFORMATION
REHABILITATION PROGRAM FY2005-06
SPECIAL
NAME DATE ADDRESS INCOME RACE NEEDS
Mary Martin 12nt2004 1725 Shandale Drive VLI White Yes
Darlene Lewis 3/31/2005 1352 Parkwood LI Black no
Dennis Lewis 2/1/2005 3017 Tennessee Street mod Black no
Joann Knowe 10/612004 3034 Eastland Blvd. mod White no
Deveeda Koine 5/25/2004 1280 Eldridge Street VLI Black No
Kristl Jagan 4/13/2005 1466 Fairmont Street Mod White no
Pearl Hayes 9/15/2005 1421 Arrowhead Circle LI White Yes
Christine David 1/27/2005 1356 S. Madison Avenue VLI Black No
Rose Cito 2/1/2005 1000 Chester Street VLI White No
Theresa Buckley 2/23/2005 1601 Mission Hills VLI White Yes
Annie Beard 8/25/2005 2758 Dovewood Street VLI White Yes
Corine woodard 2/4/2005 1008 Mohawk Drive VLI White Yes
Henrietta Wright 6/22/2005 1118 Tangerine Street VLI Black Yes
Helen Weitzel 8/25/2005 1515 Arrowhead Circle Mod White No
Jack Van Waychuyse 3/24/2005 1677 Mission Hills LI White No
Mona Tourangeau 1/21/2005 1159 Queen Street LI White No
William Slattery 10/26/2004 1308 Friend Street LI White No
Dorethea Reese 8/24/2005 2945 feather drive LI Black No
Constance Radek 5/2712005 2580 Cumberland lane VLI White Yes
Angelo Pappa lardo 111412004 1520 Ridge Avenue VLI White Yes
Emily Palmer 11/1612004 1456 Prescott Avenue LI White No
Albert Monterio 6/3012005 1614 logan Street VLI white Yes
Mabel Movnihan 9/1312005 2584 Mission Hills LI White No
BOLD: Properties that are located In the North or South Greenwood Neighborhood Revitalization Strategy Areas
VLI - Very Low Income; LI - Low Income; MI - Moderate Income
11/21/2005
CITY OF CLEARWATER
DIRECT BENEFIT INFORMATION
FORECLOSURE PREVENTION PROGRAM
SPECIAL
NAME DATE ADDRESS INCOME RACE NEEDS
Charissee Worlds 12/4/2004 1455 Overlea Street MOD White no
Elizabeth Marien 3/14/2005 LI White No
Lvnn Deason 11/23/2004 834 Tuskawila VLI White no
BOLD: Properties that are located in the North or South Greenwood Neighborhood Revitalization Strategy Areas
VLI - Very Low Income; LI - Low Income; MI - Moderate Income
11/2112005
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DRAFT
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Consolidated Annual Performance & Evaluation Report (CAPER)
Down Payment Assistance Program - FY2004-2005
CLIENT
ADDRESS
CITY DEVELOPMENT
INCOME ASSISTANCE FEE
PRIVATE
OWNER
DARLENE WADE 904 ENGMAN LI $ 30,000.00 $ 5,800.00 $ 111,000.00 $ 3,142.00
TONI WARD 24682 U.S. HWY 19 LI $ 7,000.00 $ - $ 71,353.00 $ 1,806.00
KIMVO 1503 NELSON DR. MI $ 7,000.00 $ 800.00 $ 87,087.00 $ -
BRANKO STOPA 1303 S. HERCULES LI $ 8,800.00 $ - $ 69,000.00 $ 1,576.00
MARIA RULlZ 632 WOODLAWN LI $ 30,000.00 $ 800.00 $ 106,000.00 $ 2,873.94
JEVICA SIMIC 2625 STATE RD 590 LI $ 12,000.00 $ 800.00 $ 83,600.00 $ 2,085.00
EUGENE LOUDARS 2095 SUNSET PT. RD LI $ 12,150.00 $ - $ 104,000.00 $ 3,525.00
LODMILLER KUNIN 802 BRIGAD DRIVE MI ? $ - $ 108,800.00 $ 22,559.00
LA TISHA JONES 1130 CARL TON ST LI $ 35,000.00 $ - $ 103,246.00 $ 3,175.00
MARECE DAVIS 1364 SPRINGDALE ST MI $ 8,800.00 $ - $ 145,500.00 $ 3,017.00
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11/21/2005
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CITY OF CLEARWATER
FY2004-2005
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
Budget & Expenditure Summary
FY04-05 CAPER- 11.29.05
2
DRAFT
e Consolidated Annual Performance & Evaluation Report (CAPER)
Community Development Block Grant and HOME Investment Partnership Programs
Budget and Expenditure Summary, FY 2004-2005
FY 2004 FY 2004 Remaining Number
Expenditures
Activity: Consl. Budget (excl. C/O) Balance Assisted
Demolition $ 30,000.00 $ $ 30,000,00
Relocation $ 20,000.00 $ $ 20,000.00
CDBG Program Administration* $ 461,297.00 $ 165,650.60 $ 295,646.40 na
HOME Program Administration* $ 57,711.50 $ 52,700.08 $ 5,011.42 na
Public Services $ 171,450.00 $ 127,991.22 $ 43,458.78 4,623
Public Facilities & Improvements $ 302,848.00 $ 32,855.27 $ 269,992.73 22,083
CDBG/HOME Program (Rehabllntill) Housing
(Housing Pool) $ 491,088.00 $ 190,166.30 $ 300,921.70
CDBG Economic Development $ 112,705,00 $ 160,964.46 $ (48,259.46) 4
Community Housing Development Org. (CHDO) $ 87,600.00 $ $ 87,600.00
Rental Housing Development - HOME $ $
Subtotal** $ 1,734,699.50 $ 730,327.93 $ 1,004,371,57 26,710
Prior Years Prior Years Remaining Number
Expenditures
Activity: Consl. Budget (excl. C/O) Balance Assisted
Demolition $ 5,732,00 $ $ 5,732.00 na
e Relocation $ 19,859.00 $ $ 19,859,00 na
CDBG Program Administration* $ 145,806.88 $ $ 145,806,88 na
HOME Program Administration* $ 62,027.87 $ $ 62,027.87 na
Public Services $ 21,114,27 $ 10,642.91 $ 10,471.36 na
Public Facilities & Improvements $ 509,715.52 $ 509,755,86 $ (40.34) na
CDBG/HOME Program (Rehab/lntill) Housing
(Housing Pool) $ 834,677,47 $ 15,185.12 $ 819,492.35 na
CDBG Economic Development $ 31,564.44 $ $ 31,564.44 na
Community Housing Development Org. (CHDO) $ 88,902.01 $ 90,034.47 $ (1,132.46) na
Rental Housing Development - HOME $ (35,360.60) $ 14,835,00 $ (50,195.60) na
na
Subtotal** $ 1,684,038,86 $ 640,453.36 $ 1,043,585,50
Grand Total: FY04-05 and Prior Year Activity 3,418,738.36 1,370,781.29 2,047,957.07
*CDBG Allows 20% of Allocation for Program
Administration and 20% of Program Income. HOME
Allows 10% of allocation for Prorgam Administration
and 10% of Program Income.
** The difference between "Budget" and
"Expenditures" is made up of such things as:
Carryover Funds for Public Services, Public Facility
projects being completed, the Homeless Emergency
Project SRO & Gateway Project, N. Greenwood
Facade Improvement Project, Housing Pool Funds,
and Fulton Apartments Rehabilitation.
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11/29/2005
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CITY OF CLEARWATER
FY2004-2005
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER)
IDIS Forms
(I'o be Included with HUD Submitted Copy)
FY04-05 CAPER - 11.29.05
~ t--X:_, \-- \
( "'- c....', ~f' c:\ ')
City Council
Cover Memorandum
(J,~
Tracking Number: 1,767
Actual Date: 12/15/2005
Subiect / Recommendation:
Approve the applicant's request to vacate the 30-foot utility easement retained over the vacated
street right-of-way of State Street located between Lots 9 and 20 of E. A. Marshall's, (a.k.a.
1390 Sunset Point Road), and pass Ordinance 7570-06 on first reading, (VAC2005-20 Pathways
Community Church). (Withdrawn by Applicant)
Summary:
The applicant is seeking vacation of the utility easement in order to construct a future youth
center on the property.
Verizon, Progress Energy, Knology Cable and Bright House have no objections to the vacation
request.
The City of Clearwater has no utilities in the subject easement and no future use of the
easement by the city is contemplated.
Public Works Administration has no objections to the vacation request.
Oriqinating: Engineering
Section Administrative public hearings
Cateqorv: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearinq: Yes
Advertised Dates: 11/27/2005
12/04/2005
Financial Information:
Review Approval
Glen Bahnick
Bryan Ruff
11-28-2005 13:24:59
12-09-2005 13:23: 10
11-28-2005 14:22:03
12-01-2005 13:28:27
11-30-2005 11:46:54
12-02-2005 16: 10:00
Cvndie Goudeau
Michael Ouillen
Garrv Brumback
Bill Horne
ORDINANCE NO. 7570-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 3D-FOOT UTILITY EASEMENT
RETAINED OVER THE VACATED STREET RIGHT-OF-
WAY OF STATE STREET LOCATED BETWEEN LOTS 9
AND 20 OF E.A. MARSHALL SUBDIVISION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Pathway Community Church, owner of real property located in the
City of Clearwater, has requested that the City vacate the 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:
30-foot utility easement retained over the vacated street right-of-way of
State Street located between Lots 9 and 20 of E.A. Marshall Subdivision, as
recorded in Plat Book 3, Page 44, of 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. 7570-06
Exhibit A Map: Pathways Community Church
11
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BYRAM DR
iii
60 66
6S
51 52
67
64 I
~ I
<C I 68
63 i
- ~
~ 62 69
It - I
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II 61 i I 70
47 tl 56
30' II H
II
Utility Easement "
60 ,,1 71
46 57 ,I
60 ,I 60
20 45 58 59 72
26 27 28 29
50 50
iii WILSON RD
STATE ST Ii!
Ii! iii
SUNSET POINT RD
.
City of Clearwater
Public Works Administration / Engineering
Vacate the 30' utility easement retained over the vacated
street r.o.w of State Street located between lots 9 and 20
E.A. Marshals Sub.
w4p..
Ordinance 7570-06
Drawn By:
S.K.
2518
Reviewed By: S.D. Scale: 1" = 200 ft
s - T - R 03-29s-15e Date: 11/14/05
DWG. NO V AC 2005-20 Grid #
Location Map: Pathways Community Church
ST
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City of Clearwater
Public Works Administration I En ineerin
Vacate the 30' utility easement retained over the vacated
street r.o.w of State Street located between lots 9 and 20
E.A. Marshals Sub.
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Ordinance 7570-06
Drawn By:
S.K.
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Reviewed By: S.D. Scale: N.T.S
S - T - R 03-295-15e Date: 11/14/05
DWG. NO V AC 2005-20 Grid #
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Tracking Number: 1,773
Actual Date: 12/15/2005
Subject / Recommendation:
Approve the applicant's request to vacate portions of Second Avenue South and Third Avenue
South more particularly described in the ordinance, for property located 2695 Chautauqua
Boulevard, and pass Ordinance 7574-06 on first reading, (VAC2005-21 Rottlund Homes of
Florida, Inc.),
Summary:
The applicant is seeking the vacation to incorporate vacated street right-of-way portions into a
new 10-lot single family subdivision.
Progress Energy, Verizon, Knology Cable and Bright House have no objections to the vacation
request.
No city utilities are presently located in the street right-of-way portions subject of the applicant's
request.
Public Works Adiministration has no objections to the vacation request.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates: 11/27/2005
12/04/2005
Financial Information:
Review Approval
Glen Bahnick
Bryan Ruff
11-22-2005 09:55:05
12-07-2005 12:07:40
11-22-2005 15:37:19
12-06-2005 10:04:33
11-28-2005 08:59:22
12-06-2005 14:50:51
Cvndie Goudeau
Michael Ouillen
Garrv Brumback
Bill Horne
ORDINANCE NO. 7574-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING A PORTION OF THE SIXTY FOOT
RIGHT-OF-WAY OF SECOND AVENUE SOUTH
ADJACENT TO LOTS 1,2, AND 3 OF CHAUTAUQUA LAKE
ESTATES, AND LOTS 32,31,30 AND 29, BLOCK 37, UNIT
NO.1, SECTION A, CHAUTAUQUA ON THE LAKE AND A
PORTION OF THE SIXTY FOOT RIGHT-OF-WAY OF
THIRD AVENUE SOUTH ADJACENT TO LOTS 18,19, AND
A PORTION OF LOT 20, BLOCK 36 AND LOTS 14, 15, AND
A PORTION OF LOT 13, BLOCK 37, UNIT NO.1, SECTION
A, CHAUTAUQUA ON THE LAKE SUBJECT TO A
DRAINAGE AND UTILITY EASEMENT WHICH IS
RETAINED OVER THE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Rottlund Homes of Florida, Inc. owner of real property located in the
City of Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit
A attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
a portion of the 60 foot right-of-way of Second Avenue South adjacent to Lots 1,2 and 3
of Chautauqua Lake Estates, as recorded in Plat Book 128, Page 39 and Lots 32,31,30
and 29, Block 37 of Unit No.1, Section A, Chautauqua on the Lake as recorded in Plat
Book 9, Page 52, both recorded in the public records of Pinellas County, Florida, being
more particularly described as follows:
Commence at the southwest corner of Block 37, Unit No.1, Section A Chautauqua on the
Lake, as recorded in Plat Book 9, Page 52 of the Public Records of Pinellas County,
Florida; thence along the West line of said Block 37, N. 00002' 23" W, 204.91 feet to the
Northwest corner of said Block 37; thence N 000 14' 35" W, 60.17 feet to the Southwest
corner of Chautauqua Lake Estates, as recorded in Plat Book 128, Page 39 of the Public
Records of Pinellas County, Florida; thence S890 37' 42" E, along the southerly boundary
of said Chautauqua Lake Estates, 185.00 feet; thence leaving said Southerly boundary, S
000 00' 04" E, 29.29 feet; thence N 000 44' 34" W, 30.57 feet to a point on the North
boundary of said Unit No 1, Section A, Chautauqua on the Lake; thence S 890 43' 32" W,
along said North boundary, 185.14 feet to the Point of Beginning, and
Ordinance No. 7574-06
Vacate a portion of 60 foot right-of-way of Third Avenue South adjacent to Lots 18, 19
and a portion of 20, Block 36 and Lots 14, 15 and a portion of Lot 13, Block 37 of Unit No.
1, Section A, Chautauqua on the Lake, as recorded in Plat Book 9, Page 52 of the Public
records of Pinellas County, Florida, being more particularly described as follows:
Commence at the southwest corner of Block 37, Unit No.1, Section A, Chautauqua on
the Lake, as recorded in Plat Book 9, Page 52 of the Public Records of Pinellas County,
Florida; thence S 890 40' 52" E along the South boundary line of said Block 37,595.70
feet; thence continue along the South boundary, S 890 40' 51" E, 147.25 feet to the
Southeast corner of said Block 37; thence S 01048' 19" W, 30.01 feet; thence S 030 32'
47" E, 29.80 feet to the Northeast corner of Block 36 of said Unit No.1, Section A,
Chautauqua on the Lake; thence N 89040' 51" W, along the North boundary of said
Block 36,165.64 feet; thence leaving said North boundary, N 16020' 55" E, 62.14 feet to
the Point of Beginning.
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
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
2
Ordinance No. 7574-06
I Exhibit A Map: Rottlund Homes of Florida, Inc.
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Reviewed By: S.D. Scale: 1" = 200 ft
S - T - R 03-285-16e Date: 11/14/05
Location Map: Rottlund Homes of Florida, Inc.
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~ s of Lots 1-3, Blk. 38 Unit 1, Section "A", Chautauqua on the
Lake, and part of the street r.o.W. of 3rd. Avenue South lying on the
south property line of Lots 13,14 and 15 Blk. 37, Unit 1, Section "A",
Chautauaua on the Lake.
Ordinance 7574-06 Drawn By: S.K. Reviewed By: S.D. Scale: N.T.S
DWG. NO VAC 2005-21 Grid # 244A S-T-R 32-285-16e Date: 11/14/05
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Tracking Number: 1,764
Actual Date: 12/15/2005
Subject / Recommendation:
Approve the applicant's request to vacate the is-foot storm sewer easement lying in part on
property located at 18860 U.S. Highway 19 and more particularly described in the ordinance and
pass Ordinance 7572-06 on first reading, (VAC2005-18 Bay Park Executive Center, LLC.).
Summary:
The easement subject of the request was granted to the City of Clearwater in June of 1975 to
protect access to an existing storm sewer line owned by the city that traverses the applicant's
property.
The subject easement is not presently located over an existing city storm line and a building on
the subject property encroaches into the easement.
The applicant has agreed to provide to the city a new easement over existing city owner storm
sewer facilities on the property.
No other utility companies have a right to use the storm sewer easement; accordingly, no input
from Brighthouse, Progress Energy, Verizon and Knology Cable was required.
Public Works Administration has no objections to the vacation request.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates: 11/27/2005
12/04/2005
Financial Information:
Review Approval
Glen Bahnick
Bryan Ruff
11-22-2005 10:31 :29
12-07-2005 12:08:24
11-22-2005 15:36: 12
12-06-2005 10:03:25
11-28-2005 09:00:22
12-06-2005 14:50:09
Cvndie Goudeau
Michael Ouillen
Garrv Brumback
Bill Horne
ORDINANCE NO. 7572-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE STORM SEWER EASEMENT
DESCRIBED AS A 15-FOOT EASEMENT BEGINNING AT A
POINT APPROXIMATELY 686 FEET SOUTH OF THE
CENTERLINE OF HARN BOULEVARD AND 500 FEET
WEST OF THE CENTERLINE OF U.S. HIGHWAY 19
NORTH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bay Plaza Executive Center, LLC, owner of real property located in
the City of Clearwater, has requested that the City vacate the sewer 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:
storm sewer easement described as a 15-foot easement lying 7.5 feet on
each side of the following described line: Start at the Northeast corner of the
Southeast % of Section 19, Township 29 South, Range 16 East and run N
890 28' 57" W, 500.00 feet; run thence S 010 07' 36" W, 446.00 feet to a
storm drain and the Point of Beginning; run thence N 890 28' 57" W, 30.00
feet; run thence S 010 07' 36" W, 150.00 feet; run thence N 890 28' 57" W,
30.00 feet to a storm retention pond, thence through said pond run N 350
52' 24" W, 40.00 feet; run thence N 890 28' 57" W, 40.00 feet, run thence S
190 31' 03" W, 95 feet; run thence N 700 28' 57" W, 95.00 feet; run thence
S 190 31" 03" W, 80.00 feet to a weir; run thence S 010 07' 36" W, 158.00
feet; run thence N 890 28' 57" W, 225.00 feet to the point of ending
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
Ordinance No. 7572-06
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7572-06
Exhibit A Map: Bay Park Executive Center, LLC
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Reviewed By: S.D. Scale: N.T.S.
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Ordinance 7572-06 Drawn By: S.K.
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Reviewed By: S.D. Scale: N.T.S
S - T - R 19-29s-16e Date: 11/15/05
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Tracking Number: 1,774
Actual Date: 12/15/2005
Subject I 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 1304 Springdale St. (Lot 11, Block C, Pine Ridge
Subdivision in Section 10, Township 29 South and Range 15 East); and Pass Ordinances
7549-06, 7550-06 & 7551-06 on first reading.
Summary:
The subject property is located on the north side of Springdale Street, approximately 110 feet
east of Betty Lane. The property is located within an enclave and is contiguous to existing City
boundaries on the west, south, and east; 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 solid waste service from the City. The subject site is
approximately 0.18 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 anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is located within anenclave and its annexation will reduce such
enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in
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 (ANX2005-08026) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on November 15, 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: 11/15/2005
12/15/2005
01/19/2006
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City Council
Financial Information:
Review Approval
Michael Delk 11-28-2005 11:33:54
Garrv Brumback 12-01-2005 14: 13:53
Leslie Douaall-Sides 11-28-2005 12:29:40
Bill Horne 12-02-2005 16: 13:25
Cyndie Goudeau 12-05-2005 11 :25:56
ORDINANCE NO. 7549-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED 110 FEET
EAST OF BETTY LANE, 500 FEET WEST OF ROLLEN ROAD,
CONSISTING OF LOT 11, BLOCK C, PINE RIDGE, WHOSE
POST OFFICE ADDRESS IS 1304 SPRINGDALE 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 11, Block C, Pine Ridge, as recorded in Plat Book 28, Page 98, Public Records
of Pinellas County, Florida
(ANX2005-08026)
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. 7549-06
ORDINANCE NO. 7550-06
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 110
FEET EAST OF BETTY LANE, 500 FEET WEST OF ROLLEN
ROAD, CONSISTING OF LOT 11, BLOCK C, PINE RIDGE,
WHOSE POST OFFICE ADDRESS IS 1304 SPRINGDALE
STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 11, Block C, Pine Ridge, as recorded in Plat Book
28, Page 98, Public Records of Pinellas County, Florida
(ANX2005-08026)
Land Use Cateaorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7549-06.
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. 7550-06
ORDINANCE NO. 7551-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED 110 FEET EAST OF
BETTY LANE, 500 FEET WEST OF ROLLEN ROAD,
CONSISTING OF LOT 11, BLOCK C, PINE RIDGE, WHOSE
POST OFFICE ADDRESS IS 1304 SPRINGDALE 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 11, Block C, Pine Ridge, as recorded in Plat
Book 28, Page 98, Public Records of Pinellas
County, Florida (ANX2005-08026)
Zonina 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. 7549-06.
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. 7551-06
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
November 15. 2005
ANX2005-08026
Eamell A. Samuel
1304 Soringdale St.
F3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.18-acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION:
PROPERTY SIZE:
7,772 square feet or 0.18 acres
(67 feet wide by 116 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 - November 15,2005 - Case ANX2005-08026 Page 1
SURROUNDING USES:
North: Single-family residential
South: Commercial
East: Single- family residential
West: Commercial
ANALYSIS:
The subject property is located on the north side of Springdale Street, approximately 110 feet east
of Betty Lane. The property is located within an enclave and is contiguous to existing City
boundaries on the west, south, and east; 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 solid waste service from the City. The subject site it
approximately 0.18 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).
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 is
available to the property however at this time the applicant does wish to connect to sanitary
sewer. The applicant is aware of the City's sewer impact fee and additional costs to extend City
sewer service to this property. The applicant is also aware that the Clearwater Code of
Ordinance requires property annexed, where sewer service is available, to either connect to the
sewer system or the subject property will be charged for sewer service at the end of a six month
period.
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 II and service will be administered through the
district headquarters located at 645 Pierce Street. There are currently 65 patrol officers and nine
patrol sergeants assigned to this district. Community policing service will be provided through
the City's zone system and officers in the field. The Police Department has stated that it will be
able to serve this property and the 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 #51 located at
1720 Overbrook Avenue. The Fire Department will be able to serve this property. The proposed
Staff Report - Community Development Board - November 15, 2005 - Case ANX2005-08026 Page 2
annexation will not adversely affect fire and EMS service and response time.
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire
and EMS 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;
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 within an enclave within the City's urban service
area. The proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.S.]
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 District
(LMDR). Currently the property is occupied by a single-family dwelling. Under the current
Staff Report - Community Development Board - November 15, 2005 - Case ANX2005-08026 Page 3
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 67 feet wide and 7,772 square feet in lot area.
Recommended Conclusions of Law
The subject property is occupied by a detached dwelling and exceeds the City's minimum LMDR
dimensional requirements. It 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 ofthe 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 staffhas
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 to city boundaries and reduces the enclave.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave and its annexation will reduce
such enclave; therefore, the annexation of this property is consistent with Pinellas County
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 - November 15,2005 - Case ANX2005-08026 Page 4
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The property already receives City water service. The proposed annexation is consistent
with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No.
00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL ofthe annexation of 0.18-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 Department\C D BlAnnexationslANX - 2005IANX2005-08026 1304 Springdale Samuel
Residence1ANX2005-08026 StalL Report. doc
Staff Report - Community Development Board - November 15, 2005 - Case ANX2005-08026 Page 5
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1. View of 1304 Springdale Street
2. View of 1304 Springdale Street
3. View across the street from 1304 Springdale St.
4. View to the east from 1304 Springdale Street
5. View to the west from 1304 Springdale Street.
SAMUEL PORPERTY, ANX2005-08026
1304 SPRINGDALE STREET
Plc()'- d
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City Council
Cover Memorandum
C\.:J
Tracking Number: 1,775
Actual Date: 12/15/2005
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 1321 Lynn Avenue (Lot 2, Block 21, Fourth Addition to
Highland Subdivision in Section 11, Township 29 South and Range 15 East); and Pass
Ordinances 7552-06, 7553-06 & 7554-06 on first reading.
Summary:
The subject property is located on the east side of Lynn Street, approximately 95 feet north of
Gentry Street. The property is located within an enclave and is contiguous to existing City
boundaries on the south and west; therefore, the proposed annexation is consistent with Pinellas
County requirements with regard to voluntary annexation. The subject site is approximately
0.165 acres in area and is occupied by an existing single-family detached dwelling. 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 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 anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is located within anenclave and its annexation will reduce such
enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in
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 (ANX2005-08027) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on November 15, 2005 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial publiC hearings
Category: Annexations, Land Use Plan and Zoning
Public Hearing: Yes
Advertised Dates: 11/15/2005
12/15/2005
01/19/2006
City Council
Cover Memorandum
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Financial Information:
Review Approval
Michael Delk
11-28-2005 11 :35: 11
Garrv Brumback
12-01-2005 13:34:46
Leslie Douaall-Sides
11-28-2005 12:31:04
Bill Horne
12-02-2005 16: 12:40
Cyndie Goudeau
12-05-2005 11:26:34
ORDINANCE NO. 7552-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED 95 FEET
NORTH OF GENTRY STREET AND 105 FEET SOUTH OF
SHERWOOD STREET, CONSISTING OF LOT TWO (2), BLOCK
TWENTY-ONE (21), FOURTH ADDITION TO HIGHLAND PINES
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1321 LYNN
AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot Two (2), Block Twenty-one (21), Fourth Addition to Highland Pines Subdivision,
according to map or plat thereof as recorded in Plat Book 33, Page 90, Public
Records of Pinellas County, Florida (ANX2005-08027)
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. 7552-06
ORDINANCE NO. 7553-06
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 95
FEET NORTH OF GENTRY STREET AND 105 FEET SOUTH OF
SHERWOOD STREET, CONSISTING OF LOT TWO (2), BLOCK
TWENTY-ONE (21), FOURTH ADDITION TO HIGHLAND PINES
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1321 LYNN
AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot Two (2), Block Twenty-one (21), Fourth Addition to
Highland Pines Subdivision, according to map or plat
thereof as recorded in Plat Book 33, Page 90, Public
Records of Pinellas County, Florida
(ANX2005-0B027)
Land Use Cateqorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7552-06.
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. 7553-06
ORDINANCE NO. 7554-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED 95 FEET NORTH OF
GENTRY STREET AND 105 FEET SOUTH OF SHERWOOD
STREET, CONSISTING OF LOT TWO (2), BLOCK TWENTY-ONE
(21), FOURTH ADDITION TO HIGHLAND PINES SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 1321 LYNN AVENUE,
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
Lot Two (2), Block Twenty-one (21), Fourth Addition to
Highland Pines Subdivision, according to map or plat
thereof as recorded in Plat Book 33, Page 90, Public
Records of Pinellas County, Florida (ANX2005-08027)
Zonina 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. 7552-06.
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. 7554-06
CDB Meeting Date:
Case Number:
Owner! Applicant:
Location:
Agenda Item:
November 15.2005
ANX2005-08027
Fritz Roessler
1321 Lynn Street
F4
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.165 acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
7,210 square feet or 0.165 acres
(70 feet wide by 103 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 - November 15,2005 - Case ANX2005-08027 Page 1
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANALYSIS
The subject property is located on the east side of Lynn Street, approximately 95 feet north of
Gentry Street. The property is located within an enclave and is contiguous to existing City
boundaries on the south and west; therefore, the proposed annexation is consistent with Pinellas
County requirements with regard to voluntary annexation. The subject site is approximately
0.165 acres in area and is occupied by an existing single-family detached dwelling. 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 designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from 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 Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #51 located at
1720 Overbrook Avenue. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Staff Report - Community Development Board - November 15,2005 - Case ANX2005-08027 Page 2
I
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;
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 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 70 feet wide and
7,210 square feet in lot area. The existing single-family detached dwelling is consistent with the
Low Medium Density Residential (LMDR) category.
Staff Report - Community Development Board - November 15, 2005 - Case ANX2005-08027 Page 3
Recommended Conclusions of Law
The subject property exceeds the City's minimum LMDR dimensional requirements and is
occupied by a single-family dwelling 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 ofthe 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 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 to city boundaries to the south 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.
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
Staff Report - Community Development Board - November 15, 2005 - Case ANX2005-08027 Page 4
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 ofthe annexation of 0.165 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 - 20051ANX2005-08027 1321 Lynn Ave Roessler
Residence1ANX2005-08027 StafLReport.doc
Staff Report - Community Development Board - November 15, 2005 - Case ANX2005-08027 Page 5
2 X 2 Map
Owners: Fritz Roessler Case: ANX2005-08027
Site: 1321 Lynn Avenue Property .165
Size(Acres):
Land Use Zoning
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S:\Planning DepartmentlC D Blforms and shellslMap requestforms2003lANX, LUZ. REZ map requestform.doc
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1. View facing 1321 Lynn Ave.
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ROESSLER PROPERTY, ANX2005-08027
1321 LYNN AVENUE
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Cover Memorandum
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Tracking Number: 1,777
Actual Date: 12/15/2005
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 1830 Carlton Drive (Lot 7, Block A, Carlton Terrace
Subdivision in Section 5, Township 29 South and Range 16 East); and Pass Ordinances 7555-06,
7556-06 & 7557-06 on first reading.
Summary:
The subject property is located on the west side of Carlton Drive, approximately 190 feet south
of Woodring Drive. The property is located within an enclave and is not contiguous to existing
City boundaries; 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. The subject site is
approximately 0.17 acres in area and is occupied by an existing single-family detached dwelling.
It is proposed that the property 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 anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is located within anenclave and its annexation will reduce such
enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in
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 (ANX2005-08028) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on November 15, 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: 11/15/2005
12/15/2005
01/19/2006
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Review Approval
Michael Delk 11-28-2005 11:37:54
Garrv Brumback 12-01-2005 13:33:39
Leslie Douaall-Sides 11-28-2005 12:34:35
Bill Horne 12-02-2005 16: 10:49
Cyndie Goudeau 12-05-2005 11 :27:57
ORDINANCE NO. 7555-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED 405 FEET
NORTH OF MORNINGSIDE DRIVE AND 190 FEET SOUTH OF
WOODRING DRIVE, CONSISTING OF LOT 7, BLOCK A,
CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS
1830 CARLTON DRIVE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 7, Block A, Carlton Terrace, according to the map or plat thereof as recorded in
Plat Book 41, Page 16, Public Records of Pinellas County, Florida
(ANX2005-08028 )
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. 7555-06
-
ORDINANCE NO. 7556-06
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 405
FEET NORTH OF MORNINGSIDE DRIVE AND 190 FEET SOUTH
OF WOODRING DRIVE, CONSISTING OF LOT 7, BLOCK A,
CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS
1830 CARLTON DRIVE, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 7, Block A, Carlton Terrace, according to the map
or plat thereof as recorded in Plat Book 41, Page 16,
Public Records of Pinellas County, Florida
(ANX2005-08028 )
Land Use Cateaorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7555-06.
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. 7556-06
1-_.
ORDINANCE NO. 7557-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED 405 FEET NORTH OF
MORNINGSIDE DRIVE AND 190 FEET SOUTH OF WOODRING
DRIVE, CONSISTING OF LOT 7, BLOCK A, CARLTON
TERRACE, WHOSE POST OFFICE ADDRESS IS 1830
CARLTON DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 7, Block A, Carlton Terrace, according to the map
or plat thereof as recorded in Plat Book 41, Page 16,
Public Records of Pinellas County, Florida
(ANX2005-08028 )
Zonino 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. 7555-06.
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. 7557-06
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
November 15. 2005
ANX2005-08028
William and Michelle Holzhauer
1830 Carlton Drive
F5
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) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
7,350 square feet or 0.17 acres
(70 feet wide by 105 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 - November 15, 2005 - Case ANX2005-08028 Page 1
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single- family residential
West: Vacant lot / open space
ANALYSIS
The subject property is located on the west side of Carlton Drive, approximately 190 feet south
of Woodring Drive. The property is located within an enclave and is not contiguous to existing
City boundaries; 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. The subject site is
approximately 0.17 acres in area and is occupied by an existing single-family detached dwelling.
It is proposed that the property be assigned a Future Land Use Plan designation of Residential
Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from Pinellas County. Sanitary sewer service will be
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 not 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 #48 located at
1700 North 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 - November 15, 2005 - Case ANX2005-08028 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/Utility; 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 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 70 feet wide and
7,350 square feet in lot area. The existing single-family detached dwelling is consistent with the
Low Medium Density Residential (LMDR) category.
Staff Report - Community Development Board - November 15,2005 - Case ANX2005-08028 Page 3
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 PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staffhas
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 noncontiguous to city boundaries and reduces the enclave.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave and its annexation will reduce
such enclave; therefore, the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS
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.
Staff Report - Community Development Board- November 15,2005 - Case ANX2005-08028
Page 4
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 0.17 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 Department\C D BlAnnexationslANX - 20051ANX2005-08028 1830 Carlton Drive Holzhauer
Residence1ANX2005-08028 StalL Report. doc
Staff Report - Corrununity Development Board - November 15,2005 - Case ANX2005-08028
Page 5
2 X 2 Map
Owners: William & Michelle Holzhauer Case: A NX2005-08028
Site: 1830 Carlton Drive Property .17
Size(Acres):
Land Use Zoning
PIN: 05-29-16-13536-001-0070
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
S:\Planning DepartmentlC D Hlforms and shellslMap requestforms2003lANX, LUZ, REZ map requestform.doc
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William & Michelle Holzhauer
Case:
ANX2005-08028
Property
Size(Acres):
1830 Carlton Drive
Land Use
.17
Zoning
PIN: 05-29-16-13536-001-0070
RL (County)
R-3 (County)
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Owners:
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Case:
ANX2005-08028
Site:
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Property
Size(Acres) :
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Land Use
Zoning
PIN: 05-29-16-13536-001-0070
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To:
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LMDR (City)
Atlas Page:
264A
S:IPlanning DepartmentlC D Blforms and shellslMap requestforms2003\ANX, LUZ, REZ map requestform.doc
Location Map
Owners:
William & Michelle Holzhauer
Case:
ANX2005-08028
Site:
1830 Carlton Drive
Property
Size(Acres):
.17
Land Use
Zoning
PIN: 05-29-16-13536-001-0070
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
264A
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William & Michelle Holzhauer
Case:
ANX2005-08028
Property
Size(Acres):
1830 Carlton Drive
.17
Land Use
RL (County)
RL (City)
Zoning
PIN: 05-29-16-13536-001-0070
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Zoning Map
Owners: William & Michelle Holzhauer Case: ANX2005-08028
Site: 1830 Carlton Drive Property .17
Size(Acres):
Land Use Zoning
PIN: 05-29-16-13536-001-0070
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
S:IPlanning DepartmentlC D Blforms and shellslMap requestforms2003\ANX LUZ. REZ map requestform.doc
1. View facing 1830 Carlton Drive
3. View facing north from 1830 Carlton Drive
2. View facing 1830 Carlton Drive
4. View facing south from 1830 Carlton Drive
5. View facing east from 1830 Carlton Drive
HOLZHAUER PROPERTY, ANX2005-08028
1830 CARLTON DRIVE
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Tracking Number: 1,778
Actual Date: 12/15/2005
Subject I 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 1836 Carlton Drive (Lot 6, Block A, Carlton Terrace
Subdivision in Section 5, Township 29 South and Range 16 East); and Pass Ordinances 7558-06,
7559-06 & 7560-06 on first reading.
Summary:
The subject property is located on the west side of Carlton Drive, approximately 120 feet south
of Woodring Drive. The property is located within an enclave and is not contiguous to existing
City boundaries; 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. The subject site is
approximately 0.17 acres in area and is occupied by an existing single-family detached dwelling.
It is proposed that the property 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 anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is located within anendave and its annexation will reduce such
enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in
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 (ANX2005-08029) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on November 15, 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 Hearinq: Yes
Advertised Dates: 11/15/2005
12/15/2005
01/19/2006
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City Council
Cover Memorandum
financial Information:
Review Aoproval
Michael Delk 11-28-2005 11:31:23
Garrv Brumback 12-01-2005 14:24:24
Leslie Douaall-Sides 11-28-2005 12:27:55
Bill Horne 12-02-2005 16: 15:24
Cyndie Goudeau 12-05-2005 10: 17:22
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Tracking Number: 1,778
Actual Date: 12/15/2005
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 1836 Carlton Drive (Lot 6, Block A, Carlton Terrace
Subdivision in Section 5, Township 29 South and Range 16 East); and Pass Ordinances 7558-06,
7559-06 & 7560-06 on first reading.
Summary:
The subject property is located on the west side of Carlton Drive, approximately 120 feet south
of Woodring Drive. The property is located within an enclave and is not contiguous to existing
City boundaries; 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. The subject site is
approximately 0.17 acres in area and is occupied by an existing single-family detached dwelling.
It is proposed that the property 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 anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is located within anenclave and its annexation will reduce such
enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in
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 (ANX2005-08029) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on November 15, 2005 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial public hearings
Cateqory: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 11/15/2005
12/15/2005
01/19/2006
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Financial Information:
Review Aooroval
Michael Delk 11-28-2005 11:31:23
Garrv Brumback 12-01-2005 14:24:24
Leslie Douaall-Sides 11-28-2005 12:27:55
Bill Horne 12-02-2005 16: 15:24
Cyndie Goudeau 12-05-2005 10:17:22
ORDINANCE NO. 7558-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED 479 FEET
NORTH OF MORNINGSIDE DRIVE AND 120 FEET SOUTH OF
WOODRING DRIVE, CONSISTING OF LOT 6, BLOCK A,
CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS
1836 CARLTON 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 6, Block A, Carlton Terrace, as recorded in Plat Book 41, Page 16, Public
Records of Pinellas County, Florida
(ANX2005-08029 )
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. 7558-06
ORDINANCE NO. 7559-06
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 479
FEET NORTH OF MORNINGSIDE DRIVE AND 120 FEET SOUTH
OF WOODRING DRIVE, CONSISTING OF LOT 6, BLOCK A,
CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS
1836 CARLTON DRIVE, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Prooertv
Lot 6, Block A, Carlton Terrace, as recorded in Plat
Book 41, Page 16, Public Records of Pinellas County,
Florida (ANX2005-08029)
Land Use CateQorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7558-06.
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. 7559-06
ORDINANCE NO. 7560-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED 479 FEET NORTH OF
MORNINGSIDE DRIVE AND 120 FEET SOUTH OF WOODRING
DRIVE, CONSISTING OF LOT 6, BLOCK A, CARLTON
TERRACE, WHOSE POST OFFICE ADDRESS IS 1836
CARLTON DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 6, Block A, Carlton Terrace, as recorded in Plat
Book 41, Page 16, Public Records of Pinellas County,
Florida (ANX2005-08029)
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. 7558-06.
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. 7560-06
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
November 15, 2005
ANX2005-08029
Daniel 1. Linder
1836 Carlton Drive
F6
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) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
7,350 square feet or 0.17 acres
(70 feet wide by 105 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 - November 15,2005 - Case ANX2005-08029 Page 1
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Vacant lot / open space
ANALYSIS
The subject property is located on the west side of Carlton Drive, approximately 120 feet south
of Woodring Drive. The property is located within an enclave and is not contiguous to existing
City boundaries; 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. The subject site is
approximately 0.17 acres in area and is occupied by an existing single-family detached dwelling.
It is proposed that the property be assigned Future Land Use Plan designation of Residential Low
(RL) and a zoning category of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from Pinellas County. Sanitary sewer service will be
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 not 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 #48 located at
1700 North 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 - November 15,2005 - Case ANX2005-08029 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/Utility; 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 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 and is occupied by a detached
dwelling 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 7,350 square feet in lot area.
Staff Report - Community Development Board - November 15,2005 - Case ANX2005-08029 Page 3
Recommended Conclusions of Law
The subject property is occupied by a detached single-family dwelling and exceeds the City's
minimum LMDR dimensional requirements. It 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 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 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 noncontiguous to city boundaries and reduces the enclave.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave and its annexation will reduce
such enclave; therefore, the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS
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.
Staff Report - Community Development Board - November 15,2005 - Case ANX2005-08029 Page 4
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL ofthe annexation of 0.17 acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan
classification; and
(c) Recommend APPROV AL 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 - 2005IANX2005-08029 1836 Carlton Drive Linder
Residence1ANX2005-08029 StalL Report. doc
Staff Report - Community Development Board- November 15,2005 - Case ANX2005-08029 Page 5
Site:
2 X 2 Map
Daniel & Mary Linder Case:
1836 Carlton Drive Property
Size(Acres):
Land Use Zoning
PIN:
RL (County) R-3 (County)
ANX2005-08029
Owners:
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Atlas Page:
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Daniel & Mary Linder
Case:
ANX2005-08029
Site:
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Land Use
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PIN: 05-29-16-13536-001-0060
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Owners:
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Case:
ANX2005-08029
Site:
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Property
Size(Acres):
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Land Use
Zoning
PIN: 05-29-16-13536-001-0060
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Land Use
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Land Use Zoning
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1. View facing 1836 Carlton Drive
3. View facing north from 1836 Carlton Drive
2. View facing 1836 Carlton Drive
4. View facing south from 1836 Carlton Drive
5. View facing cast from 1836 Carlton Drive
LINDER PROPERTY, ANX2005-08029
1836 CARLTON DRIVE
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,,~g,enda w~,!:?~~!"",~,..~!!1o.r!!1d ~...!!!.
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Tracking Number: 1,779
Actual Date: 12/15/2005
Subject I 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 1842 Carlton Drive (Lot 5, Block A, Carlton Terrace
Subdivision in Section 5, Township 29 South and Range 16 East); and Pass Ordinances 7561-06,
7562-06 & 7563-06 on first reading.
Summary:
The subject property is located on the west side of Carlton Drive, approximately SO feet south of
Woodring Drive. The property is located within an enclave and is not contiguous to existing City
boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements
with regard to voluntary annexation. The subject site is approximately 0.17 acres in area and is
occupied by an existing single-family detached dwelling. 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 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 anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is located within anenclave and its annexation will reduce such
enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in
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 (ANX2005-08030) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on November 15, 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: 11/15/2005
12/15/2005
01/19/2006
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Financial Information:
Review Approval
Michael Delk 11-28-2005 11:36:18
Garrv Brumback 12-01-2005 13:34: 12
Leslie Douaall-Sides 11-28-2005 12:32:38
Bill Horne 12-02-2005 16:11:37
Cyndie Goudeau 12-05-2005 11:27:15
ORDINANCE NO. 7561-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY 552 FEET NORTH OF
MORNINGSIDE DRIVE AND 50 FEET SOUTH OF WOODRING
DRIVE, CONSISTING OF LOT 5, BLOCK A, CARLTON
TERRACE, WHOSE POST OFFICE ADDRESS IS 1842
CARLTON 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 5, Block A, Carlton Terrace, according to the plat thereof as recorded in Plat
Book 41, Page 16, Public Records of Pinellas County, Florida
(ANX2005-08030)
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
Attest:
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7561-06
ORDINANCE NO. 7562-06
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 552
FEET NORTH OF MORNINGSIDE DRIVE AND 50 FEET SOUTH
OF WOODRING DRIVE, CONSISTING OF LOT 5, BLOCK A,
CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS
1842 CARLTON DRIVE, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 5, Block A, Carlton Terrace, according to the plat
thereof as recorded in Plat Book 41, Page 16, Public
Records of Pinellas County, Florida
(ANX2005-08030)
Land Use Cateaorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7561-06.
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. 7562-06
ORDINANCE NO. 7563-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED 552 FEET NORTH OF
MORNINGSIDE DRIVE AND 50 FEET SOUTH OF WOODRING
DRIVE, CONSISTING OF LOT 5, BLOCK A, CARLTON
TERRACE, WHOSE POST OFFICE ADDRESS IS 1842
CARLTON DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 5, Block A, Carlton Terrace, according to the
plat thereof as recorded in Plat Book 41, Page 16,
Public Records of Pinellas County, Florida
(ANX2005-08030)
Zonino 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. 7563-06.
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. 7563-06
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
November 15. 2005
ANX2005-08030
J ames and Karen Davis
1842 Carlton Drive
F7
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) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
7,350 square feet or 0.17 acres
(70 feet wide by 105 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 - November 15, 2005 - Case ANX2005-08030 Page 1
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Vacant lot / open space
ANALYSIS
The subject property is located on the west side of Carlton Drive, approximately 50 feet south of
Woodring Drive. The property is located within an enclave and is not contiguous to existing City
boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements
with regard to voluntary annexation. The subject site is approximately 0.17 acres in area and is
occupied by an existing single-family detached dwelling. 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 Low
(RL) and a zoning category of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from Pinellas County. Sanitary sewer service will be
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 not 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 #48 located at
1700 North 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.
I
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I
I _ _ _ _~Report - Conunonity Developmeot Bond - Novembe, 15,2005 - Case ANX2005-08030
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/Utility; 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 ofthe 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 70 feet wide and
7,350 square feet in lot area
Staff Report - Community Development Board - November 15,2005 - Case ANX2005-08030 Page 3
Recommended Conclusions of Law
The subject property is occupied by a detached dwelling and exceeds the City's minimum LMDR
dimensional requirements; the property 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 noncontiguous to city boundaries and reduces the enclave.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave and its annexation will reduce
such enclave; therefore, the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS
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.
Staff Report - Community Development Board ~ November 15, 2005 - Case ANX2005-08030 Page 4
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL ofthe annexation of 0.17 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:IPlanning DepartmentlC D BlAnnexationslANX - 2005IANX2005-08030 1842 Carlton Drive Davis
Residence1ANX2005-08030 StalL Report. doc
Staff Report - Connnunity Development Board - November 15, 2005 - Case ANX2005-08030 Page 5
2 X 2 Map
Owners: James & Karen Davis Case: ANX2005-08030
Site: 1842 Carlton Drive Property .17
Size(Acres):
Land Use Zoning
PIN: 05-29-16-13536-001-0050
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
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James & Karen Davis
Case:
A NX2005-08030
Property
Size(Acres) :
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1842 Carlton Drive
Land Use
Zoning
PIN: 05-29-16-13536-001-0050
RL (County)
R-3 (County)
RL (City)
LMDR (City)
264A
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Owners: James & Karen Davis Case: ANX2005-08030
Site: 1842 Carlton Drive Property .17
Size(Acres) :
Land Use Zoning
PIN: 05-29-16- 13536-00 1-0050
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
S:IPlanning DepartmentlC D Blforms and shellslMap request forms2003\ANX, LUZ. REZ map request form. doc
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Location Map
Owners:
James & Karen Davis
Site:
1842 Carlton Drive
Land Use
Zoning
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
S:\Planning DepartmentlC D Blforms and shellslMap requestforms2003lANX, LUZ. REZ map requestform.doc
Atlas Page:
264A
Case:
ANX2005-08030
Property
Size(Acres) :
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PIN: 05-29-16-13536-001-0050
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James & Karen Davis
Case:
ANX2005-08030
Property
Size(Acres):
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1842 Carlton Drive
Land Use
Zoning
PIN: 05-29-16-13536-001-0050
RL (County)
R-3 (County)
RL (City)
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264A
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James & Karen Davis
Case:
ANX2005-08030
1842 Carlton Drive
Property
Size(Acres):
.17
Land Use
Zoning
PIN: 05-29-16-13536-001-0050
RL (County)
R-3 (County)
RL (City)
LMDR (City)
Atlas Page:
264A
S:IPlanning DepartmentlC D Blforms and shellslMap requestforms2003lANX, LUZ, REZ map requestform.doc
1. View from the south of 1842 Carlton Drive
2. View from the front of 1842 Carlton Drive
3. View facing north from 1842 Carlton Drive
.
4. View facing south from 1842 Carlton Drive
5. View facing east from 1842 Carlton Drive
DAVIS PROPERTY, ANX2005-08030
1842 CARL TON DRIVE
~~
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City Council
Cover Memorandum
Tracking Number: 1,740
Actual Date: 12/15/2005
Subject / Recommendation:
Adopt Ordinance 7543-05 on second reading, amending Sections 6.21 and 6.31(4), Code of
Ordinances, relating to alcoholic beverages and open alcohol containers.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 11/27/2005
Financial Information:
Review Approval
Pam Akin
11-09-2005 15:40:33
Cvndie Goudeau
11-16-2005 09:30:09
C}\-\
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ORDINANCE NO. 7543-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO ALCOHOLIC BEVERAGES; AMENDING
SECTION 6.21, CODE OF ORDINANCES, TO CREATE A
DEFINITION FOR "OPENED OR UNSEALED CONTAINER
CONTAINING AN ALCOHOLIC BEVERAGE"; AMENDING
SECTION 6.31 (2) AND (3), CODE OF ORDINANCES, TO
PROHIBIT BOTH THE CONSUMPTION OF ALCOHOLIC
BEVERAGES AND THE POSSESSION OF OPENED OR
UNSEALED CONTAINERS CONTAINING AN ALCOHOLIC
BEVERAGE ON OR WITHIN 500 FEET FROM THE PREMISES
OF AN ALCOHOLIC BEVERAGE ESTABLISHMENT EXCEPT
WITHIN LICENSED AREAS OR ENCLOSED BUILDINGS OR
ON PROPERTY OCCUPIED BY RESIDENTIAL STRUCTURES;
AMENDING SECTION 6.31(4), CODE OF ORDINANCES, TO
PROHIBIT THE SALE OR CONSUMPTION OF ALCOHOLIC
BEVERAGES AND THE POSSESSION OF OPENED OR
UNSEALED CONTAINERS CONTAINING AN ALCOHOLIC
BEVERAGE ON ANY AREA OPEN TO THE USE OF THE
PUBLIC FOR PURPOSES OF VEHICULAR TRAFFIC OR ON
PUBLICLY OWNED PROPERTY WITH SPECIFIED
EXCEPTIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the congregation of crowds of people in and around vendors of
alcoholic beverages has led to the public consumption of alcoholic beverages and the
possession of opened or unsealed containers containing an alcoholic beverage, leading to
intoxicated disorderly conduct, destruction of property, excessive noise and litter, and
creating a haven for criminal activity, including drug dealing, and further creating a
dangerous condition for law enforcement personnel responding to calls at those locations;
and
WHEREAS, the uncontrolled consumption of alcoholic beverages and possession of
opened or unsealed containers containing an alcoholic beverage on the grounds of publicly
owned buildings or on publicly or privately owned areas open to the use of the public for
the purpose of vehicular traffic contributes to intoxicated disorderly conduct, traffic hazards,
destruction of property, excessive noise and litter and creates a haven for criminal activity,
including drug dealing, and further creates a dangerous condition for law enforcement
personnel responding to calls at those locations; and
WHEREAS, Section 316.1936, Florida Statutes (2004), makes it unlawful to
consume an alcoholic beverage or possess an opened or unsealed container containing an
alcoholic beverage while in or on a vehicle that is located on a street or parking lot that is
open to public use for the purpose of vehicular traffic; and
Ordinance No. 7543-05
WHEREAS, under Florida law, the prohibition contained in Section 316.1936,
Florida Statutes (2004), extends to those areas of commercial establishments that are
open to the use of the public for the purpose of vehicular traffic, including parking lots; and
WHEREAS, the city council finds that the extension of the city's prohibition against
the consumption of alcoholic beverages and possession of opened or unsealed containers
containing an alcoholic beverage to persons afoot who are consuming alcoholic beverages
or who are in possession of opened or unsealed containers containing an alcoholic
beverage and who would otherwise be in violation of Section 316.1936, Florida Statutes
(2004) if they were in or on a vehicle while consuming the alcoholic beverage or
possessing the opened or unsealed container will reduce intoxicated disorderly conduct,
traffic hazards, destruction of property, excessive noise and litter and will reduce criminal
activity, including drug dealing; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 6.21, Code of Ordinances, is amended to read as
follows:
Sec. 6.21. Definitions.
*****
Bottle Club means an establishment at which alcoholic beverages are
served during any of the hours of closing as established in section 6.29 in
connection with the sale of a nonalcoholic beverage, ice, the service of mixing
the drink, or other thing of value.
Opened or Unsealed Container Containina an Alcoholic Beveraae
means any vessel or container containina an alcoholic beveraae. as defined
herein. which is immediatelv capable of consumption or the seal of which has
been broken. notwithstandina the fact that the vessel or container has been
recapped or covered. excludina a bottle of wine that has been resealed
pursuant to Section 564.09. Florida Statutes (SuPP. 2005).
Premises means that portion of a parcel of property occupied by an alcoholic
beverage establishment. With respect to any business establishment engaged in a
business primarily other than the sale or consumption of alcoholic beverages and which
maintains a separate section within such business establishment for the sale or
consumption of alcoholic beverages, the term shall be limited to such separate section.
*****
Section 2. Subsections (2), (3) and (4) of Section 6.31, Code of Ordinances,
are amended to read as follows:
2
Ordinance No. 7543-05
Sec. 6.31. Prohibited acts.
*****
(2) It shall be a violation for any person to consume any alcoholic beverage. or to
possess any opened or unsealed container containinq an alcoholic beveraqe. on any
property under the control, directly or indirectly, of the licensee, except within the area
of the premises which is licensed for such sales and consumption.
(3) It shall be a violation for any person to consume any alcoholic beverage. or to
possess any opened or unsealed container containinq an alcoholic beveraqe. off a
licensed premises and within 500 feet thereof, except within enclosed buildings. within
an area occupied by another alcoholic beveraqe establishment when that area is
licensed for such consumption. or on property occupied by residential structures. The
distance set forth in this subsection shall be measured by following a straight line from
that portion of any structure licensed for the sale of alcoholic beverages nearest to the
place of violation of this subsection.
(4) It shall be a violation for any person to sell or consume any alcoholic beverage, or
to possess any opened or unsealed container containing an alcoholic beverage, at the
following places, except pursuant to an alcoholic beverage special event permit issued
under the provisions of section 22.88 through 22.91~ 9f pursuant to a sidewalk cafe
permit issued under the provisions of section 3-201 C. of the Land Development Code~
or pursuant to a license issued by the Division of Alcoholic Beveraqes and Tobacco of
the Florida Department of Business and Professional Requlation that permits the sale
or consumption at the location:
(a) On any public beach.
(b) On or in any public street, alley, sidewalk, parking lot or right-of-way,
including but not limited to unimproved public street rights-of-way
terminating at a body of navigable water. "Public street" or "parkinq lot" as
used in this subsection shall mean those areas described in Section
316.003(53). Florida Statutes (2004). which are defined to include the
entire width between the boundary lines of a way or place if any part of
that way or place is open to public use for the purpose of vehicular traffic.
includinq the parkinq lots of malls. strip centers. convenience stores.
hotels. motels, or other commercial establishments.
3
Ordinance No. 7543-05
Community Sailing Contor, whon the sale or consumption of alcoholic
beveragos has been authorizod by the torms of any leaso or other
agroomont approvod by tho city commission.
!9~ On ffi any other public~ owned property building, except on fA any portion
of a public~ owned property building when rented to private parties or
when authorized by the public aqency that owns the property so lonq as
the sale or consumption of alcoholic beveraqes would otherwise be in
compliance with the Alcoholic Beveraqe Laws of the State of Florida. +ms
prohibition shall not apply to the Performing Arts Centor and Thoator or
tho_Harborvie'N Contor.
~ On any portion of the Courtney Campbell Recreation Area as defined in
section 22.21.
*****
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:
Robert J. Surette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
4
Ordinance No. 7543-05
~ _~~:~=emo~
C1\-d
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Tracking Number: 1,741
Actual Date: 12/15/2005
Subject / Recommendation:
Adopt Ordinance 7388-05 on third reading, amending the comprehensive plan of the city 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 second reading on October 20, 2005.
It was subsequently discovered that the incorrect Exhibit A was attached to the ordinance. The
incorrect Exhibit has been replaced with the correct Exhibit A.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 11/27/2005
financial Information:
Review Approval
Pam Akin
11-09-2005
15:41:10
Cvndie Goudeau
11-16-2005
09:33:31
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 I 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
April 21. 2005
PASSED ON SECOND READING
October 20.2005
PASSED ON THIRD AND FINAL
READING AND ADOPTED AS AMENDED
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 DowntO'.YR 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:
*****
Poliey 2.2.2 The Mixed Use Zoning Distriet shall oe utilized to promote mixed use and
infill development and shall be cOFlsistent ':lith the Residential/Office
Limited, Residential/Office General, Residential/OfficeIRetail, and Resort
Paeilities High land use categories.
Policy 2.2.3 Density and intensity of mixed use developmOflts shall be consistent 'lIith
the Mixed Use Zoning District criteria found in the City's Corrrmunity
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 1 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
PLAN
CLASSIFICATION
Resort Facilities High
(RFH)
Resort Facilities
Overlay (RFO)
(Mav only be a\Jplied
over the Residential
Medium and
Residential High
Classifications
PRIMARY
USES PER PLAN
CATEGORY
High Density Residentiall
Overnight
Accommodations
Residential/Overnight
Accommodations
MAX. DENSITY/
INTENSITY PER
PLAN
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);
Design: A
Preliminary Design
for Clearwater
Beach and Design
Guidelines, the
special area plan
governing
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
category: ISR-
based on underlying
residential plan Medium High Density
category: FAR - Residential (MHDR)
based on underlying
residentialland use High Density Residential (HDR)
category: or as set
forth in Beach bv
Design: A
Preliminary Design
for Clearwater
Beach and Design
Guidelines. the
special area plan
governing
Clearwater Beach
adopted by Ord. No.
6689-01 and as
amended.
CONSISTENT
ZONING
DISTRICTS
High Density Residential
(HDR);
Commercial (C)
Medium Density Residential
(MDR)
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 (RiOL) Office ISR .75 Residential (LMDR)
Medium Density 15 Dwelling Units Office (0); Medium Density
Residential! Office Per Acre; FAR .50; Residential (MDR)
General (RiOG) Residential/ Office ISR .75
Residential; Office;
Retail; Public/Semi-Public As set forth in the
Central Business Uses as indicated in approved Downtown (D)
District (CBD) approved Redevelopment Redevelopment Plan
Plan
18 Dwelling Units Office (0);
Residential; Residential
Residential/0ffice/ Equivalent; Office; Retail; Per Acre; Overnight Commercial (C);
Overnight Accommodations 30
Retail (RiOIR) accommodation; Personal! Units Per Acre; Medium Density Residential
Business Services FARAO; ISR .85 (MDR)
10 Dwelling Units Commercial (C);
Commercial Office; Retail; Personal Per Acre; F ARAO;
Neighborhood (CN) Service ISR .80 Office (0)
18 Dwelling Units Commercial (C);
Office; Retail; Overnight Per Acre; Overnight
Commercial Limited Accommodations; Accommodations 30
(CL) Personal Service Units Per Acre; FAR Office (0)
045; 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; Industrial, Research, and
Research! Development; FAR .65; ISR .85 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 (OSIR)
Space (RiOS) Facility; Beach/Water
Access
4 Exhibit A Ordinance No. 7388-05
~-
PRIMARY MAX. DENSITYI 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 (1)
(1) Hospitals FAR 1.0 Subject to
Bonus Provisions
Provided Below
Transportation/U tility Airports; Marina; Utility FAR .70; ISR .90 Institutional (1)
(T /U) Facilities
WaterlDrainage Open/Undeveloped
Consistent With Waterl N/A Preservation (P)
Overlay Drainage Features
*****
s: IPlanning DepartmentlCOMPREHENSIVE PLAM2005 Comp Plan - RFH Overlay and afew other minor changeslExhibit A.doc
5 Exhibit A Ordinance No. 7388-05
C(\---s
City Council
_.,,~g_~nd~~,~!?v,~!- Memora!!!!!!!!,__,_..
\ (j \ .~
Tracking Number: 1,742
Actual Date: 12/15/2005
Subject I Recommendation:
Adopt Ordinance 7459-05 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 137 Fernwood Avenue, from Institutional to Residential Medium.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 11/27/2005
financial Information:
Review Approval
Pam Akin
11-09-2005
15:41 :45
Cvndie Goudeau
11-16-2005
09:31 :26
ORDINANCE NO. 7459-05
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 EAST
SIDE OF FERNWOOD AVENUE APPROXIMATELY 400
FEET SOUTH OF DREW STREET, CONSISTING OF
LOTS, 3, 4, 5, AND 6, BLOCK F, EASTWOOD TERRACE
THIRD ADDITION, TOGETHER WITH THAT PROPERTY
LYING EASTERLY OF AND WITHIN 18.00 FEET
THEREOF BEING SOUTH OF THE EASTERLY
EXTENSION OF THE NORTH LINE OF LOT 3 AND BEING
NORTH OF THE EASTERLY EXTENSION OF THE SOUTH
LINE OF LOT 6, WHOSE POST OFFICE ADDRESS IS 137
FERNWOOD AVENUE, FROM INSTITUTIONAL TO
RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the
City of Clearwater is amended by designating the land use category for the hereinafter
described property as follows:
Property
Land Use CateQorv
See legal description attached hereto
(LUZ2005-03004 )
From: Institutional
To: Residential Medium
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject
to the approval of the land use designation by the Pinellas County Board of County
Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government
Comprehensive Planning and Land Development Regulation Act, pursuant to
9 163.3189, 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
Ordinance No. 7459-05
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. 7459-05
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Future Land Use Map
Owner Faith Housing, Inc. Case: LUZ2005-03004
Site: 137 Fernwood A venue 0.67
Land Use Zoning 18-29-16-24264-006-0030
PIN: 18-29-16-24264-006-0040
From: INS 18-29-16-24264-006-0050
18-29-16-24264-006-0060
To: RM MDR Atlas Page: 290A
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City Council
Cover Memorandum
\o.Y
Tracking Number: 1,743
Actual Date: 12/15/2005
Subject / Recommendation:
Adopt Ordinance 7460-05 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property whose post office address is 137 Fernwood Avenue, from Institutional (I) to
Medium Density Residential (MDR).
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 11/27/2005
financial Information:
Review Approval
Pam Akin
11-09-2005
15:42: 19
Cvndie Goudeau
11-16-2005
09:32: 13
ORDINANCE NO.7 460-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED ON THE
EAST SIDE OF FERNWOOD AVENUE APPROXIMATELY
400 FEET SOUTH OF DREW STREET, CONSISTING OF
LOTS, 3, 4,5, AND 6, BLOCK F, EASTWOOD TERRACE
THIRD ADDITION, TOGETHER WITH THAT PROPERTY
LYING EASTERLY OF AND WITHIN 18.00 FEET
THEREOF BEING SOUTH OF THE EASTERLY
EXTENSION OF THE NORTH LINE OF LOT 3 AND BEING
NORTH OF THE EASTERLY EXTENSION OF THE SOUTH
LINE OF LOT 6, WHOSE POST OFFICE ADDRESS IS 137
FERNWOOD AVENUE, FROM INSTITUTIONAL (I) 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:
Propertv
Zoninq District
See legal description attached hereto
(LUZ2005-03004 )
From: Institutional (I)
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 7459-05 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
Ordinance No. 7460-05
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. 7460-05
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Zoning Map
Owner Faith Housing, Inc. Case: LUZ2005-03004
Site: 137 Fernwood A venue 0.67
Land Use Zoning 18-29-16-24264-006-0030
PIN: 18-29-16-24264-006-0040
From: INS 18-29-16-24264-006-0050
18-29-16-24264-006-0060
To: RM MDR Atlas Page: 290A
~~
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City Council
=,=,,,,=,,~,g~~mnda ~,~=~!!~!J1~,!!!,!!,r,!!!,!:!'~~m='=_~""
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Trackina Number: 1,744
Actual Date: 12/15/2005
Subject / Recommendation:
Adopt Ordinance No. 7449-05 on second reading, amending the Community Development Code
by amending Article 2, Zoning Districts; and amending Article 3, Development Standards.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 11/27/2005
Financial Information:
Review ADDroval
Pam Akin
Sue Diana
11-09-2005
15:42:55
11-18-2005
12:03: 10
ORDINANCE NO. 7449-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS,
SECTION 2-102, BY DECREASING MINIMUM SIDE AND REAR
SETBACK REQUIREMENTS; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-201.1, BY INCREASING THE
MAXIMUM FLOOR AREA RATIO AND THE IMPERVIOUS
SURFACE RATIO; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-202, BY DECREASING THE MINIMUM
REAR SETBACK REQUIREMENTS; AND AMENDING ARTICLE
2, ZONING DISTRICTS, SECTION 2-301.1, BY ADDING
LANGUAGE COMPLIANT TO THE COUNTYWIDE RULES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-504.A,
ATTACHED DWELLINGS, BY QUALIFYING WHERE BUILDING
HEIGHT MAY EXCEED 80 FEET; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-504.F, RESIDENTIAL INFILL
PROJECTS, BY QUALIFYING WHERE BUILDING HEIGHT MAY
EXCEED 80 FEET; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-703, BY REVISING DIMENSIONAL
STANDARDS FOR INDOOR RECREATION/ENTERTAINMENT,
OFFICES, AND RETAIL SALES AND SERVICES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704,
BY ADDING INDOOR RECREATION/ENTERTAINMENT AS A
PERMITTED USE, AND AMENDING DIMENSIONAL
REQUIREMENTS FOR OFFICES AND RETAIL SALES AND
SERVICES; AND AMENDING ARTICLE 2, ZONING DISTRICTS,
SECTION 2-1004, BY ADDING FLEXIBILITY CRITERIA FOR SIDE
AND REAR SETBACK REDUCTIONS FOR OFFICE USES; AND
AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302,
MINIMUM STANDARD DEVELOPMENT, BY ADDING
ACCESSORY OUTDOOR STORAGE AS A MINIMUM STANDARD
DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTION 2-1303, FLEXIBLE STANDARD
DEVELOPMENT, BY REVISING OUTDOOR STORAGE
DIMENSIONAL REQUIREMENTS; AND AMENDING ARTICLE 2,
ZONING DISTRICTS, SECTION 2-1303.F, BY REVISING
FLEXIBILITY CRITERIA; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-502.A, DOWNTOWN,
BY REFERENCING THE NEW DOWNTOWN REDEVELOPMENT
PLAN AND DESIGN GUIDELINES; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-902,
COMPREHENSIVE PLAN DENSITIES/INTENSITIES, BY ADDING
A PROVISION REQUIRING A RECORDED DOCUMENT TO
EVIDENCE THE USE OF DENSITY/INTENSITY AVERAGING,
1
Ordinance No. 7449-05
ADDING GUIDELINES FOR MIXED USE CALCULATIONS AND
SUBMERGED LAND; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, NEW SECTION 3-919,
AFFORDABLE HOUSING PARKING REQUIREMENTS, BY
REDUCING THE REQUIRED PARKING PER UNIT; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-1102.A.10, PROVIDING HOME OCCUPATIONS
STANDARDS LANGUAGE COMPLIANT TO STATE LAW; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-1402, PROVIDING AMENDED DESIGN STANDARDS
FOR PARKING LOTS AND PROVIDING STANDARDS FOR
PARKING GARAGES; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-1502.C.3,
PROPERTY MAINTENANCE REQUIREMENTS, CLARIFYING
MAINTENANCE PROVISIONS FOR WINDOWS AND RELATED
WINDOW FEATURES; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES,
CLARIFYING THAT UNSIGHTLY ACCUMULATION INCLUDES
THE PLACEMENT OF TRASH, DEBRIS OR OTHER ITEMS; BY
REVISING AND CLARIFYING PROVISIONS RELATED TO
ABANDONED VEHICLES; BY SPECIFYING THAT WEEDS,
SHRUBS, VEGETATION, AND TRASH CANNOT EXTEND OVER
PRIVATE ACCESSWAYS AND ROADWAYS; AND AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1506,
EXCEPTIONS, BY CORRECTING A CODE SECTION
REFERENCE; AND AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, SECTION 3-1508.D.6, NOISE, BY CLARIFYING
ZONING DISTRICTS LOCATION; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-2103.B, BY ADDING
A PROVISION RESTRICTING THE LOCATION OF SEASONAL
SALES TO PERMANENT BUSINESSES SELLING THE SAME
PRODUCT; AND AMENDING ARTICLE 4, DEVELOPMENT
REVIEW AND OTHER PROCEDURES, SECTION 4-202, BY
CLARIFYING TREE SURVEY AND TREE INVENTORY
REQUIREMENTS, AND CLARIFYING THE COMPLETENESS
DETERMINATION TIMEFRAME; AND AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-206.C.3, BY CLARIFYING THE STATE STATUTE
SPECIFIED ADVERTISING REQUIREMENT; AND AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-206.E, AMENDING THE NOTICE
REQUIREMENT FOR CONTINUANCES; AND AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-303, BY CHANGING THE
TIMEFRAME FROM ONE TO TWO YEARS FOR CERTIFICATE
OF OCCUPANCY ISSUANCE; AND AMENDING ARTICLE 4,
2
Ordinance No. 7449-05
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-604.8.2, ANNEXATION, TO REFERENCE ANY NEW
CONSTRUCTION; AND AMENDING ARTICLE 4, DEVELOPMENT
REVIEW AND OTHER PROCEDURES, SECTION 4-1202.A. BY
PROVIDING ADDITIONAL CLARIFICATION REGARDING TREE
PRESERVATION PLAN REQUIREMENTS; AND AMENDING
ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-1402.5, BY ELIMINATING THE 20%
LIMIT FOR TRANSFER OF DEVELOPMENT RIGHTS IN THE
CENTRAL BUSINESS DISTRICT AND FOR NEW OVERNIGHT
ACCOMMODATIONS ON CLEARWATER BEACH; AND
AMENDING ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION, SECTION 8-102, BY REVISING THE
DEFINITIONS OF HEIGHT AND MEDICAL CLINIC; AND
AMENDING ZONING DISTRICT TABLES 2-104, 203, 204, 303,
304,402,403,502,503,504,802, AND 803 TO INCREASE THE
MINIMUM PARKING REQUIREMENT FOR ATTACHED
DWELLINGS FROM 1.5 SPACES TO 2 SPACES PER UNIT; AND
AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND
CHARGES, V. BUILDINGS AND BUILDING REGULATIONS, TO
AMEND THE FEE SCHEDULE TO REMOVE A DUPLICATE FEE
CATEGORY, AND TO ESTABLISH A TEMPORARY USE PERMIT
FEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community
Development Code on January 21, 1999 which was effective on March 8, 1999,
and
WHEREAS, since the effective date of the new Community Development
Code, the City of Clearwater has reviewed numerous development proposals in
all of the new zoning districts in all parts of the City that utilize the Minimum
Standard, Flexible Standard and Flexible levels of review, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, and
WHEREAS, the City of Clearwater desires for the Community
Development Code to function effectively and equitably throughout the City, now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 2, Zoning Districts, Low Density Residential District
("LDR"), Section 2-102, Minimum standard development, is amended as follows:
3
Ordinance No. 7449-05
***********
The following uses are Level One permitted uses in the LDR District subject to
the minimum standards set out in this Section and other applicable provisions of
Article 3.
Table 2-102. "LDR" District Minimum Development
Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(sq. ft.) (ft.) (ft. ) Parkina
Front Side Rear
Community 10,000 100 25 1Q4a 2026 30 2/unit
Residential
Homes (6 or
fewer
residents)
Detached 20,000 100 25 1Q4a 2026 30 2/unit
Dwellinas
***********
Section 2. Article 2, Zoning Districts, Low Density Residential District
(ULDR"), Section 2-102, Minimum standard development, is amended by
amending the illustrative graphic for the Low Density Residential District is
amended by revising the side yard setback for detached dwellings and accessory
structures from 15 feet to 1 0 feet.
Section 3. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-201.1, Maximum development potential, is amended
as follows:
***********
Countywide Future Land Maximum Dwelling Units Maximum Floor Area
Use Designation per Acre of Land Ratio/lmpervious
Surface Ratio
Residential Low 5 dwellina units per acre FAR 040 .3O/ISR .65.,00
Residential Urban 7.5 dwelling units per FAR AO/ISR.65
acre
***********
Section 4. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-202, Minimum standard development, Detached
dwellings, is amended as follows:
***********
The following uses are Level One permitted uses in the LMDR District subject to
the minimum standards set out in this section and other applicable provisions of
Article 3.
4
Ordinance No. 7449-05
Table 2-202. "LMDR" District Minimum Standard Develooment
Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street
(SQ. ft.) (ft. ) (ft.) ParkinQ
Front Side Rear( 1 )
Community 5,000 50 25 5 .1Q.4a 30 2funit
Residential
Homes (up to
6 residents)
Detached 5,000 50 25 5 .1Q.4a 30 2funit
Dwellinas
***********
Section 5. Article 2, Zoning Districts, Low Medium Density Residential
District ("LMDR"), Section 2-202, Minimum standard development, Detached
dwellings, is amended by amending the illustrative diagram for the Low Medium
Density Residential District by revising the rear yard setback for detached
dwellings (single family) and accessory structures from 15 feet to 10 feet.
Section 6. Article 2, Zoning Districts, Medium Density Residential
District ("MDR"), Section 2-301.1, Maximum development potential, is amended
as follows:
***********
Countywide Future Land Maximum Dwelling Units Maximum Floor Area
Use Designation per Acre of Land Ratio/lmpervious
Surface Ratio
Residential Urban 7.5 dwelling units per FAR AO!ISR .65
acre
Residential Low Medium 10 dwelling units per FAR .50/lSR .75
acre
Residential Medium 15 dwelling units per FAR .50/lSR .75
acre
Residential! Office 15 dwellina units oer FAR .50/lSR .75
General acre
***********
Section 7. Article 2, Zoning Districts, High Density Residential District
("HDR"), Section 2-504.A.2, Flexible development, Attached dwellings, is
amended as follows:
***********
2. Height:
a. The increased height results in an improved site plan, landscaping areas in
excess of the minimum required and/or improved design and appearance;
5
Ordinance NO.7 449-05
b. The increased height will not reduce the vertical component of the view from a
parcel of land which is designated as low density residential in the Zoning Atlas.
c. The height may exceed 80 feet if the parcel proposed for development fronts
on Clearwater Bay, Old Tampa Bay. or is only separated from Clearwater Bay or
Old Tampa Bay by a public open space.
***********
Section 8. Article 2, Zoning Districts, High Density Residential District
("HDR"), Section 2-504.F.7, Flexible development, Residential infill projects, is
amended as follows:
***********
Flexibility in regard to lot width, required setbacks, height and off-street parking
are justified by the benefits to community character and the immediate vicinity of
the parcel proposed for development and the City of Clearwater as a whole.
Building height, may only exceed 80 feet, however, if the parcel proposed for
development fronts on Clearwater Bay. Old Tampa Bay. or is only separated
from Clearwater Bay or Old Tampa Bay by a public open space.
Section 9. Article 2, Zoning Districts, Commercial District ('C"), Section
2-703, Flexible standard development, is amended as follows:
Section 2-703. Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the
standards and criteria set out in this Section and other applicable provisions of
Article 3.
Table 2-703. "e" District Flexible Standard Develooment Standard
Use Min. Lot Area Min. Lot Width Max. Height Min. Front Min. Side (ft.) Min. Rear (ft.) Min. Off-Street
(sq. ft.) (ft.) (ft.) (ft.)* Parking
Spaces
Accessory nfa nfa nfa nfa nfa nfa 1 space per
Dwellings unit
Adult Uses 5,000 50 25 25 10 20 5 per 1,000
GFA
Alcoholic 10,000 100 25 25 10 20 5 per 1,000
Beverage GFA
Sales
Automobile 10,000 100 25 25 10 20 5f1,OOO SF
Service GFA
Stations
Educational 40,000 200 25 25 10 20 1 per 2
Facilities students
Governmental 10,000 100 25--50 25 10 20 4 spaces per
Uses( 1 ) 1,000 GFA
6
Ordinance No. 7449-05
Indoor -W;QOO 400 25 25 10 20 3--5/1000 SF
Recreation/En 5.000--10.000 50--100 GFA or 3--
-tertainment 5/lane, 1--
2/court or
1/machine
Medical 10,000 100 25 25 10 20 2--3/1 ,000
Clinics GFA
Nightclubs 10,000 100 25 25 10 20 10 per 1,000
GFA
Offices -W;QOO 400 25--50 25 0--10 10--20 3--4 spaces
5000-10000 50--1 00 oer 1,000 GFA
Off-Street 10,000 100 n/a 25 10 20 n/a
ParkinQ
Outdoor Retail 20,000 100 25 25 10 20 10 per 1,000
Sales, Display of land area
and/or
StoraQe
Overnight 20,000-- 150--200 25--50 25 0--10 10--20 1 per unit
Accommodati 40,000
ons
Places of 20,000-- 100--200 25--50 25 10 20 .5-1 per 2
Worship(2) 40,000 seats
Public n/a n/a 10 n/a n/a n/a n/a
Transportation
Facilities(3)
Restaurants 5,000--10,000 50--1 00 25--35 25 0--10 10--20 7--15 spaces
oer 1,000 GFA
Retail Sales 3,500 10,000 J5 100 25-35 25 0--10 10--20 4--5 spaces
and Services 5000-10000 50--1 00 per 1,000 GFA
Social and 3,500--10,000 35--1 00 25--35 25 0--10 10--20 4--5 spaces
Community per 1,000 GFA
Centers
Utilityllnfrastru n/a n/a 20 25 10 20 n/a
cture
F acilities(4 )
Vehicle 20,000-- 150--200 25 25 10 20 2.5 spaces per
Sales/Displays 40,000 1,000 of lot
sales area
Veterinary 10,000 100 25 25 10 20 4 spaces per
Offices or 1,000 GFA
Animal
Grooming and
Soardina
***********
Section 10. Article 2, Zoning Districts, Section 2-704, Commercial
District ('C"), Flexible development, is amended as follows:
Section 2-704. Flexible development.
The following uses are Level Two permitted uses in the "C" District subject to the
standards and criteria set out in this section and other applicable provisions of
Article 3.
7
Ordinance No. 7449-05
Table 2-704. "C" District Flexible Develooment Standards
Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street
(sq. ft.) (ft.) (ft. ) Parkino
Alcoholic 5,000--10,000 50--100 25 15--25 0--10 10--20 5 per 1,000
Beverage GFA
Sales
Comprehensiv n/a n/a n/a n/a n/a n/a Determined by
e Infill the community
Redevelopme development
nt Project(1) coordinator
based on the
specific use
and/or ITE
Manual
standards
Indoor 3.500--10,000 30--100 25--50 15--25 0--10 10--20 3--5/1000 SF
Recreation/En GFA or 3--
-tertainment 5/lane. 1--
2/court or
1/machine
Light 5,000--10,000 50--100 25 15--25 0--10 10--20 4--5 spaces
Assembly per 1,000 GFA
Limited 5,000--10,000 50--100 25 15--25 0--10 10--20 4--5 spaces
Vehicle per 1,000 GFA
Service
Marina 5,000--20,000 50 25 25 10 20 1 space per 2
Facilities slips
Mixed Use 5,000--10,000 50--100 25--50 15--25 0--10 10--20 4--5 spaces
per 1,000 GFA
Nightclubs 5,000--10,000 50--100 25 15--25 0--10 10--20 10 per 1,000
GFA
Offices 5,000 10,000 50 100 25--50 15--25 0--10 10--20 3--4 spaces
3 500--1 0 000 30--1 00 per 1,000 GFA
Off-Street 10,000 100 n/a 15--25 0--10 10--20 n/a
Parkino
Outdoor 20,000 100 25 15--25 10 10--20 1--10 per
Recreation/En 1,000 SO FT
tertainment of land area or
as determined
by the
community
development
coordinator
based on ITE
Manual
standards
Overnight 20,000-- 100--200 25--50 15--25 0--10 10--20 1 per unit
Accommodati 40,000
ons
Problematic 5,000 50 25 15--25 10 10--20 5 spaces per
Uses 1,000 SF GFA
Restaurants 3,500--10,000 35--1 00 25--50 15--25 0--10 10--20 7--15 spaces
per 1,000 GFA
Retail Sales 5,000 10,000 50 100 25--50 15--25 0--10 10--20 4--5 spaces
and Services 3500--10000 30--100 per 1,000 GFA
RV Parks 40,000 200 25 15--25 20 10--20 1 space per
RV space
Self Storage 20,000 100 25 15--25 10 10--20 1 per 20 units
plus 2 for
manager's
office
8
Ordinance No. 7449-05
Social/Public 5,000--10,000 50--100 25--50 15--25 0--10 10--20 3--4 spaces
Service per 1,000 GFA
AQencies(2)
Telecommunic 10,000 100 Refer to 25 10 20 n/a
ation Towers section 3-2001
Vehicle 10,000-- 100--200 25 15--25 10 10--20 2.5 spaces per
Sales/Displays 40,000 1,000 sa FT
of lot area
Veterinary 5,000--10,000 50--1 00 25 15--25 0--10 10--20 4 spaces per
Offices or 1,000 GFA
Grooming and
BoardinQ
(1) Any use approved for a Comprehensive Infill Redevelopment
Project shall be permitted by the underlying Future Land Use Plan
Map designation.
(2) Social/public service agencies shall not exceed five acres.
***********
***********
Section 11. Article 2, Zoning Districts, Office District ("0"), Section 2-
1004.F, Offices, is amended as follows:
***********
1. Height:
a. The increased height results in an improved site plan, landscaping areas
in excess of the minimum required or improved design and appearance;
b. The increased height will not reduce the vertical component of the view
from any adjacent residential property;
2. Sign~ -;- No sign of any kind is designed or located so that any portion of the
sign is more than six feet above the finished grade of the front lot line of the
parcel proposed for development unless such signage is a part of an
approved comprehensive sign program.
3. Off-street parking: The physical characteristics of a proposed building are
such that the likely uses of the property will require fewer parking spaces per
floor area than otherwise required or that the use of significant portions of the
building will be used for storage or other non-parking demand-generating
purposes.
4. Front setback: The reduction in front setback results in an improved site plan
or improved design and appearance.
S. Side and rear setbacks:
a. The reduction in side and/or rear setback does not prevent access to the
rear of any buildinq for emeraency access:
9
Ordinance No. 7449-05
b. The reduction in side and/or rear setback results in an improved site plan,
more efficient parkinQ or improved desiQn and appearance and landscapinQ in
excess of the minimum required.
***********
Section 12. Article 2, Zoning Districts, Industrial, Research and
Technology District ("I RT"), Section 2-1302, Minimum standard development, is
amended as follows:
Section 2-1302. Minimum standard development.
The following uses are Level One permitted uses in the Industrial Research and
Technology "IRT" District subject to the minimum standards set out in this section
and other applicable provisions of Article 3.
Table 2-1302. "IRT" District Minimum Standard Development
Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street
(SQ. ft.) (ft. ) Parkino
Front Sidel Rear
Accessory 5,000 50 20 15 50 1/unit
Dwellinos
Governmental 20,000 200 20 15 50 3/1,000 SF GFA
Uses( 1 )
Manufacturing 20,000 200 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
Outdoor Storaoe n/a n/a n/a n/a n/a n/a
(accessory use)
(2)
Parks and n/a n/a 25 10/20 50 1 per 20,000 SF
Recreation land area or as
Facilities determined by
the community
development
coordinator
based on the ITE
Manual
standards
Research and 20,000 200 20 15 50 2/1,000 SF GFA
Technolooy
Self Storage 20,000 200 20 15 50 1 per 20 units
plus 2 for
manaoer's office
TV/Radio 20,000 200 20 15 50 4/1000 SF GFA
Studios
Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF
GFA
Wholesale/Distri 20,000 200 20 15 50 1.5/1,000 SF
bution/ GFA
Warehouse
Facility
10
Ordinance No. 7449-05
(1) Government uses shall not exceed five acres. Any such use, alone
or when added to contiguous like uses which exceed five acres
shall require a land use plan map amendment to Institutional which
shall include such uses and all contiguous like uses.
(Ord. No. 6526-00, S 1,6-15-00; Ord. No. 6680-01, S 4,4-5-01)
***********
(2) Outdoor storaqe within the required front yard setback shall be
prohibited. Such outdoor storaae areas shall be limited to not more
than thirty (30) percent of the subject lot or parcel and shall be
completely screened from view from all adjacent residential zoned
properties and/or public riqhts-of-way by a solid wall/fence six (6)
feet in heiaht. Items stored within outdoor storaqe areas shall not
exceed six (6) feet in heiaht and/or shall not be otherwise visible
from adjacent residentially zoned property and/or public riqhts-of-
way.
Section 13. Article 2, Zoning Districts, Industrial, Research and
Technology District ("IRT"), Section 2-1303, Flexible standard development, is
amended as follows:
Section 2-1303. Flexible standard development.
Table 2-1303. "IRT" Flexible Standard Development
The following uses are Level One permitted uses in the IRT District subject to the
standards and criteria set out in this Section and other applicable provisions of
Article 3.
Table 2-1303. "IRT" District Flexible Standard Develooment
Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street
(sa. ft.) (ft. ) Parking
Front* Side/ Rear
Automobile 20,000 100 20 15 30 4/1000 SF GFA
Service Stations
Major Vehicle 20,000 100 20 15 30 4/1000 SF GFA
Service
Manufacturing 10,000 100 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
11
Ordinance No. 7449-05
Outdoor 40,000 200 20 15 30 1--10/1,000 SF
Recreation/Enter Land Area or as
tainment determined by
the community
development
coordinator
based on ITE
Manual
standards
Outdoor Storage AGC9SS0 I)' Ala 20 15 30 ACG9SS0ry
10.000 100 3/1 000 SF GFA
ParkinQ Lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 15 50 1--2 per 1,000
GFA
Public n/a n/a n/a n/a 10 n/a
Transportation
Facilities(1 )
Research and 10,000 100 20 15 50 2/1,000 SF GFA
Technology
Residential 5,000 50 20 15 30 3/1,000 SF GFA
Shelters(2)
Retail Sales and n/a n/a n/a n/a n/a n/a
Services
Restaurants n/a n/a n/a n/a n/a n/a
Self Storage 10,000 100 20 15 50 1 per 20--25
units plus 2 for
manaQer's office
TVIRadio 10,000 100 20 15 50 4/1000 SF GFA
Studios
Utility/lnfrastruct n/a n/a 20 15 n/a n/a
ure Facilities(3)
Vehicle 40,000 200 20 15 30 1.5/1 ,000 SF Lot
SaleslDisplays Sales Area
and Major
Vehicle
SaleslDisplays
(4)
Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF
GFA
Veterinary 10,000 100 20 15 30 5/1,000 SF GFA
Offices or Animal
Grooming
Wholesale/Distri 10,000 100 20 15 50 1 .5/1 ,000 SF
bution/W arehous GFA
e Facility
Section 14. Article 2, Zoning Districts, Section 2-1303.F, Flexible
Standard development, is amended as follows:
F. Outdoor storage.
1. The use is accessory to a principal permitted use and complies v./ith
all the setbacks applicable to the principal use;
12
Ordinance No. 7449-05
2. The use is screened from vie'l.' from the public right of way and
adjacent rosidentially zoned property.
1. Outdoor storaae within the required front yard setback shall be
prohibited.
2. All outdoor storaQe areas shall be completely screened from view
from all adiacent residential zoned properties and/or public riahts-
of-way by a solid wall/fence six (6) feet in heiaht.
3. Items stored within outdoor storaae areas shall not exceed six (6)
feet in heiaht and/or shall not be otherwise visible from adiacent
residentially zoned property and/or public riahts-of-way.
***********
Section 15. Article 3, Development Standards, Section 3-502.,
Downtown, is amended as follows:
***********
A. The aDesian gGuidelines for development in the Clearwater
Downtown District Redevelopment Plan. as adopted on February 4.2004 and as
subsequently amended. are hereby incorporated by reference. The Desian
Guidelines apply to all properties within the Clearwater Downtown
Redevelopment Plan Area reaardless of Zonina District.
***********
Section 16. Article 3, Development Standards, Section 3-902,
Comprehensive plan densities/intensities, is amended as follows:
***********
D. Any proiect utilizina density/intensity averaaina shall require written
evidence of the averaaina in a document to be recorded in the public records
with the Clerk of the Circuit Court for Pinellas Countv and a record copy of same
shall be filed with the City and with Pinellas Plannina Council (PPC).
G. ~ When calculating the lot area and/or density/intensity of a property,
the total of either number shall not be rounded up to the next whole number.
(Ord. No. 6526-00, 9 1,6-15-00; Ord. No. 6928-02, 947,5-2-02)
F. Mixed Use. A mixed use determination will allow for nonresidential
and residential land use to occur on the same lot. An application for a mixed use
development shall state the nonresidential Gross Floor Area (GFA) and the
number of proposed residential dwellina units. The application shall also provide
the land area needed to support each land use based on the Future Land Use
13
Ordinance No. 7449-05
Plan classification. The combined land area needed to support the residential
and nonresidential land use components shall not exceed the total existino land
area.
G. Submeraed Lands. The area of submerqed lands cannot be used
in calculatina allowable density.
Section 17. Article 3, Development Standards, is amended as follows:
DIVISION 9. GENERAL APPLICABILITY STANDARDS
Section 3-919. Affordable housina parkina reauirements.
The minimum off-street parkina reauirement for affordable housinq units. as
defined by the City of Clearwater Economic Development & Housinq
Department. may be reduced to one (1) parkina space per unit in any zonina
district where residential uses are permitted.
Section 18. Article 3, Development Standards, Section 3-11 02.A.1 0,
Standards, is amended as follows:
10. No home occupation shall involve the provision of day care services to
more than fetH five children at anyone time or as otherwise permitted by Florida
Statutes.
Section 19. Article 3, Development Standards, Section 3-1402. Design
standards for parking lots and parkina aaraqes:
***********
A.
***********
Remove existina araphic and replace with the followina araphic.
14
Ordinance No. 7449-05
Off-street parkinq spaces
A B C 0 E F
0 8.0 8.0 12.0 23.0 28.0
45 9.0 19.5 13.0 12.7 52.0
50 9.0 20.0 14.0 11.7 54.0
60 9.0 20.5 18.0 10.4 59.0
70 9.0 20.0 19.0 9.6 59.0
80 9.0 19.5 24.0 9.1 63.0
90 9.0 18.0 24.0 9.0 60.0
A PARKING ANGLE (DEGREES)
B STALL WIDTH (FEET)
C STALL TO CURB (FEET)
D AISLE WIDTH (FEET)
E CURB LENGTH (FEET)
F MIN. OVERALL DOUBLE ROW WITH AISLE BETWEEN (FEET)
***********
1. Structural supports located in parkinq qaraqes shall not encroach into the
required area of a parkinq space. Structural supports shall be located in a
manner to provide maximum vehicular maneuverability and shall not obstruct
passenqer inqress and eqress.
Section 20. Article 3, Development Standards, Section 3-1502.C.3,
Property maintenance standards, is amended as follows:
3. Ground level 'NWindows f3cing a public right of W3Y shall be maintained in an
unbroken, and clean state. No windows f-acing tho public right of \vay shall be
permanently removed and enclosed, covered or boarded up unless treated as an
integral part of the building facade using wall materials and window detailing
comparable with any upper floors and the building facade in general. All
damaged or broken windows shall be promptly restored, repaired or replaced. All
awnings. screens or canopies facing or visible from the public right-of-way or any
15
Ordinance No. 7449-05
other parcel shall be maintained in a good and attractive condition and torn,
loose and/or bleached awnings. screens or canopies shall be promptly replaced,
repaired or removed.
Section 21. Article 3, Development Standards, Section 3-1503.B.5,
Nuisances, is amended as follows:
5. Accumulation and placement of nuisances.
a. Any accumulation of weeds, debris, trash, garden trash, junk, untended
growth of vegetation, or undergrowth of dead or living vegetation or
hazardous swimming pools, or hazardous trees upon any private property,
or on any public property without authorization to the extent and manner
that such property contains or is likely to contain rodents, reptiles or other
vermin, or furnishes a breeding place for flies, mosquitoes, or wood-
destroying insects, or otherwise threatens the public health, safety or
welfare.
b. The placement of trash, debris or other items on public property without
authorization.
Section 22. Article 3, Development Standards, Section 3-1503.B.6,
Nuisances, is amended as follows:
6. Except as provided in section 3-1506, the outdoor storage of all or part of any
dismantled, partially dismantled, inoperative or discarded vehicle, recreational
vehicle, machinery, appliance, farm equipment, aircraft, construction
equipment, boat, personal watercraft, trailer, truck, motorcycle, bicycle, or
scrap metal, on any public or private property. or of any abandoned vehicle,
recreational vehicle. farm equipment. aircraft. boat. personal watercraft.
trailer. truck. or motorcvcle on any private property. within the city limits. This
provision shall not apply to any vehicle, recreational vehicle, machinery, farm
equipment, aircraft, construction equipment, boat, personal watercraft, trailer,
truck, motorcycle, or bicycle which is located on the premises of a lawfully
established storage yard or which is on the premises of a lawfully established
vehicle service establishment and is in the process of repair or maintenance
by that establishment.
Section 23. Article 3, Development Standards, Section 3-1503.B.8,
Nuisances, is amended as follows:
8. The lack of maintenance by a property owner of property abutting any
dedicated right-of-way in the City in a condition such that weeds or trash are
found in and on the right-of-way or such that the weeds, shrubs, vegetation,
trash, or any other accumulation extend over the sidewalk, bicycle path,
curbline or edge of pavement of an improved right-of-way or private
accesswav or roadway by more than four inches.
16
Ordinance No. 7449-05
Section 24. Article 3, Development Standards, Section 3-1506,
Exceptions, is amended as follows:
The provisions of section 3-150a~, relating to weeds, undergrowth or similar
plant material shall not apply to the following:
***********
Section 25. Article 3, Development Standards, Section 3-1508.D.6,
Noise, is amended as follows:
6. Religious worship activities occurring on or in the premises owned or leased
by places of worship that are lawfully located in the Commercial, Downtown.
Office. or Institutional Districts, including but not limited to bells and organs;
Section 26. Article 3, Development Standards, Section 3-2103.B,
Standards, is amended as follows:
B. The following additional requirements shall apply for specified temporary
uses:
***********
4. Seasonal sales. A 1000 foot separation shall be required between a
seasonal business and any permanent business whose primary business
is sellina the same product as the seasonal business. The 1000 feet shall
be measured from property line to property line.
Section 27. Article 4, Development Review and Other Procedures,
Section 4-202.A.9.f, Applications for development approval, is amended as
follows:
f. A tree survey showing the location, DBH (diameter at breast heiaht), and
species of 011 oxisting trees locotod on the parcel proposed for
development with a DBH of four inches or more and identifyina those trees
proposed to be removed.
Section 28. Article 4, Development Review and Other Procedures,
Section 4-202.A.11, Applications for development approval, is amended as
follows:
***********
z. Tree inventory, prepared by a certified arborist. of all trees four inches
DBH or more reflectina the size. canopy. and condition of such trees.
17
Ordinance No. 7449-05
Section 29. Article 4, Development Review and Other Procedures,
Section 4-202.A.12, Applications for development approval, is amended as
follows:
***********
f. Tree inventory, prepared by a certified arborist, of all trees eight inches
DBH or more reflecting the size, canopy, and condition of such trees.
Section 30. Article 4, Development Review and Other Procedures,
Section 4-202.C.1 Applications for development approval, is amended as follows:
1. Determination of completeness. Within seven working days after receipt
of an application for development approval the published application
deadline, the community development coordinator shall determine
whether an application is complete.
Section 31. Article 4, Development Review and Other Procedures,
Section 4-206.C.3, Notices and public hearings, is amended as follows:
3. Unless othel'\viso required by Florida Statutes, all required notices shall be
provided at least 15 but not more than '15 days in ad'.'ance of the public
hearing. Where an advertisinq requirement is set forth in Florida Statutes.
notices shall be provided in accordance with that requirement. Where no
advertisinq requirement is set forth in Florida Statutes. all required notices
shall be provided at least 4a .1Q but not more than 45 days in advance of
the public hearing.
Section 32. Article 4, Development Review and Other Procedures,
Section 4-206.E, Notices and public hearings, is amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and
place -; ; in this case, the date, time and place of the rescheduled hearing must be
announced prior to or at the conclusion of the advertised hearing. Tho city clork
shall cause notice to be given to all persons originally entitled to notice, of the
date, time and place of such continued hearing no less than seven days prior to
such hearing and in the manner as specified in sections -1 206(C)(2)(b), (c) and
~ Additional notice shall not be required for hearinqs which have action
deferred in this manner for a period of 45 days or less. Renotification for any
subsequentlv scheduled public hearinq dates shall be required for hearinqs
which have action deferred for a period of more than 45 days, in accordance with
the requirements contained in Section 4-206C(2)(b). (c) and (d). A hearinq may
also be continued to a date uncertain: in this case. renotification for any
subsequentlv scheduled public hearinq dates shall be required in accordance
with the requirements contained in Section 4-206C.
18
Ordinance NO.7 449-05
Section 33. Article 4, Development Review and Other Procedures,
Section 4-303, Effect of Level One (flexible standard development) approval, is
amended as follows:
A level one (flexible standard development) approval authorizes only the
particular use approved and entitles the recipient to apply for a building permit or
any other permit required by this development code, the city or regional, state or
federal agencies. Such approval shall be evidenced by a written development
order issued by the Community Development Coordinator and shall be effective
upon the date the development order is issued. Unless otherwise specified in the
Level One (flexible standard development) approval, an application for a building
permit shall be made within one (1) year of the date of the Level One (flexible
standard development) approval, and all required certificates of occupancy shall
be obtained within ono (1) two (2) year2 of the date of issuance of the initial
building permit. Permitted time frames do not change with successive owners
and an extension of time may be granted by the Community Development
Coordinator for a period not to exceed one (1) year and only within the original
period of validity. The Community Development Coordinator may approve an
additional extension of time not to exceed one year for good cause shown and
documented in writing. The coordinator must receive the request for this
extension within the one-year period of validity after the original time extension.
Good causes may include, but are not limited to, an unexpected national crisis
(acts of war, significant downturn in the national economy, etc.), excessive
weather-related delays, and the like. The Community Development Coordinator
may also consider whether significant progress on the project is being made and
whether or not there are pending or approved Code amendments which would
significantly affect the project. In the event a project is governed by a
development agreement, the timeframes established in the agreement shall
supercede these requirements.
*********
Section 34. Article 4, Development Review and Other Procedures,
Section 4-604.B.2, Annexation, is amended as follows:
2. If development is to be initiated prior to the effective date of the
annexation :md where such development is for a use other than a
det3ched dwelling, then requisite site plans, plats, and engineering
plans shall be submitted together with the petition or agreement to
annex.
19
Ordinance No. 7449-05
Section 35. Article 4, Development Review and Other Procedures,
Section 4-1202.A Removal permit - Application, is amended as follows:
**********
A. Requirements for multi-family and commero.ial and all non-residential
properties, and subdivisions.
1 . A site plan showing the location of all protected trees and
palms by size, canopy and species, distinguishing the tree or
trees proposed to be removed, the scaled location of
proposed tree barricades, existing and proposed structures,
walks, driveways, and parking areas and other
improvements.
2. A tree inventory, prepared bva certified arborist. of all trees
four inches DBH and qreater specifvinq the size. canopy.
and condition of such trees.
~. 3. A tree preservation plan A plan is prepared by a certified
arborist, consulting arborist, landscape architect, or other
specialist in the field of arboriculture-specifying how each
tree is to be protected and how site development impacts the
critical root zones (drip lines) and how to address these
impacts, i.e. crown elevatinq, root pruninq and/or root
aeration systems. The tree preservation plan must show the
tree barricade limits (2/3 of the drip line and in the root prune
lines. if any). and the tree barricade detail and other
pertinent tree preservation information. the method to bo
utilized to preservo all remaining trees including thoir root
systems, and the moans of providing water and nutrionts to
such root systems such as root pruning, applying fungicidos,
troo barricades, etc.
~ 4. A topographical survey of the property, if the change in
elevation of the grade is greater than five feet or if the
property is one acre or more in area.
~ 5. Justification of tree removal.
Section 36. Article 4, Development Review and Other Procedures,
Section 4-1402.5 Allocated development rights are freely transferable, is
amended as follows:
20
Ordinance No. 7449-05
5. For p3rcels located 'Nithin an 3ro3 designated Central Business
District (CBD) or Community Redevelopment District (CRD) on the
Countyv.'ide Futuro L3nd Uso Pl3n mop or parcels governed by
approved rede'.'elopment or special 3rea plans, a site may only
receive density/intensity transferred from '.vithin the CBD, CRD,
redevelopment pl3n area or special arc3 plan district, and m3Y not
exceed the otherv.'ise applicable maximum density/intensity by 20
percent provided that the governing plan m3kes specific provisions
for the use of transfer of development rights.
5. For parcels located within an area desiqnated Central Business District
(CDB) or Community Redevelopment District (CRD) on the Countywide
Future Land Use Plan map or parcels Qoverned by approved
redevelopment or special area plans. a site may only receive
densitylintensity transferred from within the CDB. CRD. redevelopment
plan area or special area plan district from within the plan area or district in
which the site is located.
a. For parcels receivinq transferred density/intensity. the maximum
applicable densitylintensity may be exceeded pursuant to
provisions set forth in such applicable special area plan or
redevelopment plan.
b. In the event such applicable special area plan or redevelopment
plan does not specify the amount of density/intensity that can be
received. the maximum permitted development potential shall not
be exceeded by more than 20 percent.
c. For parcels beinq developed with overniqht accommodation uses
on Clearwater Beach that are within the area Qoverned by Beach
by Desiqn, there shall be no limit on the amount of density that can
be received for the overniqht accommodation uses provided that
the proiect complies with all applicable code provisions and desiqn
quidelines.
d. For mixed use proiects located on Clearwater Beach and aoverned
by Beach by Desiqn that include overniqht accommodation uses,
the 20 percent limitation specified in Section 4-1402.5.b above shall
apply to the components of the proiect that do not include overniaht
accommodation uses.
**********
Section 37. Article 8. Definitions and Rules of Construction, Section 8-
102, Definitions, is amended as follows:
21
Ordinance No. 7449-05
Height, building or structure, means for buildings, the vertical
distance from the mean elevation of the existing grade to the
highest finished roof surface in the case of a building with a flat
roof, or the vertical distance from the existing grade to a point
representing the midpoint of the peak and eave heights of the main
roof structure of the roof of a building having a pitched roof. For
other structures, the vertical distance from existing grade to the
highest point of the structure above such existing grade. Where
minimum floor elevations in flood prone areas have been
established by law, the building height may be measured as though
the required minimum floor elevations constitute existing grade. In
addition, (1) linear radio and television antennas shall be permitted
to project ten feet higher than the maximum height otherwise
specified for the zoning district within which the antenna is located.
Parabolic and other geometrically shaped antenna shall not be
permitted this height increase. (2) Flagpoles located on top of
buildings shall be permitted to project ten feet higher than the
maximum height otherwise specified for the zoning district assigned
to the property. (3) Elevator equipment rooms and like mechanical
equipment enclosures shall be permitted to project up to 16 feet
higher than the maximum height otherwise specified for the zoning
district assigned to the property. (4) Parapet walls constructed on
buildings with flat roofs shall be permitted to extend not higher than
dQ 42 inches over the maximum height specified for the zoning
district in which the building is located. (5) Structures permanently
affixed to the roof that accommodate rooftop occupancy shall only
be permitted if within the maximum allowable heiqht.
**********
Medical clinic means an establishment where patients, who are not lodged
overnight, are admitted for examination and treatment by one person two or
group of more persons practicing any health services to individuals, whether
such persons be medical doctors, chiropractors, psychologists, social workers,
physical therapists, dentists or any such profession, the practice of which is
lawful in the state and in the city. This definition does not include a place for the
treatment of animals.
**********
22
Ordinance No. 7449-05
Section 38. Article 2. Minimum Off-Street Parking for Attached
Dwellings, is revised by amending Table 2-104. "LDR" District Flexible
Development Standards, Table 2-203. "LMDR" District Flexible Standard
Development, Table 2-204. "LMDR" District Flexible Development, Table 2-303.
"MDR" District Flexible Standard Development, Table 2-304. "MDR" District
Flexible Development, Table 4-402. "MHDR" Minimum Standard Development,
Table 2-403. "MHDR" Flexible Standard Development, Table 2-404. "MHDR"
Flexible Development, Table 2-502. "HDR" Minimum Standard Development,
Table 2-503. "HDR" Flexible Standard Development, Table 2-504. "HDR" Flexible
Development Standards, Table 2-802. "T" District Flexible Standard
Development Standards, and Table 2-803. "T" Flexible Development Standards
by increasing the Minimum Off-Street Parking requirement from 1.5 per unit to 2
per unit for Attached Dwellings.
**********
Section 39. Appendix A. Schedule of Fees, Rates and Charges, V.
Buildings and Building Regulations, (2) Fee schedule, is amended as follows:
**********
7. Zoning verific3tion letter, per latter. . . . . 11.00
~ 7. Project research, per hour (not to exceed eight hours
without commission approval) . . . . . 26.00
Section 40. Appendix A. Schedule of Fees, Rates and Charges, VIII.
Land Development, (1) Level One, is amended as follows:
**********
(h) Temporary use permit for seasonal sales. . . . .250.00
Section 41. Amendments to the Land Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance.
Section 42. The City of Clearwater does hereby certify that the
amendments contained herein, as well as the provisions of this Ordinance, are
consistent with and in conformance with the City's Comprehensive Plan.
23
Ordinance No. 7449-05
Section 43. Should any part or provision of this Ordinance be declared by
a court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Ordinance as a whole, or any part thereof other than the part
declared to be invalid.
Section 44. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with
applicable law.
Section 45. 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:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
24
Ordinance No. 7449-05
Rc.', c.f-\ - c-j
~e.. ' \0 J~
MOTION TO AMEND ORDINANCE NO. 7449-05 ON SECOND READING
On page 21, amend the ordinance as follows:
In paragraph 5 change (CDB) to (CBD). Paragraph 5 is amended to read as
follows:
5. For parcels located within an area desiqnated Central Business District
(CBD) or Community Redevelopment District (CRD) on the Countywide
Future Land Use Plan map or parcels qoverned by approved
redevelopment or special area plans. a site may only receive
density/intensity transferred from within the CBD. CRD. redevelopment
plan area or special area plan district from within the plan area or district
in which the site is located
Pamela K. Akin
City Attorney
December
,2005
,
~
Our Task
ANALYSIS OF COMMUNITY
DEVELOPMENT CODE . Assist the City in assessing their dev
City of Clearwater review process (DRP) for its:
- Clarity
- User-friendliness
~. Clearwater - Complexity
-~ - Organization
u~
- General flow
Draft
Prepared by the staff of the Pinellas Planning Council I
Three Major Steps We Didn't Include
. Assessment of the Code . Review of the Code's application (i.e
- DRP in the Code the Code is applied by staff and boar
- Code Requirements . Judgement of qualitative aspects of t
- It's Format and Organization Code's standards
- Other Issues . Assessment of staffing levels
. Conduct a survey of frequent users
. Comparison with other jurisdictions
,
General Observations Assessment ofDRP in Co
Included
. DRP is designed to be streamlined - few steps
-- More streamlined than vast majority . Thorough review of the written Code
- Relies heavily on staff . Interviews with staff
- DRP not eXplained well in the Code
- Various requirements for development hard to . Observation ofDRC/CDB meetings
determine and repetitive
- Design requirements/time and energy investment
considerable early in process
- Numerous terminology issues and other general flow
issues
,
-
\NL', iO.C5
elopment
.,how
ds)
he
de
1
Survey of Frequent Users Included
. 15 questions asked of frequent users ofthe
Code - anonymous
. 6 of 33 responses
. Responses summarized in report
Major Conclusions
. Code Process
- Shift some of the requirements for fully
engineered site plans to the construction
drawing/building permit stage
- Consider adjusting the levels of review required
for applications to CDB vs. staff - based on
their level of intensity or impact
Major Conclusions (cont.)
Code Terminology
~ Replace variety of terms used to describe:
. Uses allowed
. Associated standards and criteria
. Approval processes
- USe only "Levels 1,2, and 3" to describe:
. Minimum Standard Development
. Flexible Standard Development
. Flexible Development
- Eliminate current use of tenn "Level Three Approval"
and replace with "Legislative Actions"
II
Comparison with Other DRPs
. 5 Other Jurisdictions
- Gainesville, FL
- Sarasota, FL
- Pinellas County, FL
- Portage, MI
- Clark County, W A
Major Conclusions (cont.)
. Code Requirements
- Review development application requirements
to eliminate redundant or repetitive
requirements, clarify requirements that are not
specific, and eliminate unnecessary items
-- Reorganize Article 3 so that exact requirements
can be located easily
- Add more specific and consistent cross-
referencing
Major Conclusions (cont.)
. Code Management
- Evaluate DRP applications relative to timing
and staffing levels - i.e., application overlap
- Ensure staff comments are received in timely
manner and reduce secondary comments after
resubmission
- Coordinate comments and responses to reduce
visits to City Hall, including "walk-ins"
- Consider posting of Code as PDF
12
2
Major Conclusions (cont.)
. Other Items
- Correct miscellaneous minor issues affecting
flow of the Code
- Implement best practices from other
communities
- Consider changes to website that will better
inform users
1:<
Council Input
. What works for Council?
. What doesn't?
. Suggestions on improving the DRP from
your perspective?
15
Positive Feedback
. With minor exception:
- During our analysis there were positive
statements provided concerning staff's handling
of the DRP
- Also, positive comments on the DRP itself
- Some of the exceptions noted have been
addressed by staff since the start of this analysis
14
Final Steps
. Revise Draft to include staff, CDB and
Council comments
. Finalize report and Present to City
16
3
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City Council
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Tracking Number: 1,758
Actual Date: 12/15/2005
Subject / Recommendation:
Adopt Ordinance 7541-05 on second reading, vacating the alleyway lying north of Lots 1 through
6, inclusive, and south of Lots 7 and 8, Earl and Tate's subdivision, together with a five-foot
alley lying along the west property line of Lot 11 of Earl and Tate's subdivision, subject to a
drainage and utility easement which is retained over the full width of the five-foot alley.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 12/04/2005
Financial Information:
Review Approval
Pam Akin
11-21-2005
13:31 :46
Cvndie Goudeau
12-01-2005
11:45:29
ORDINANCE NO. 7541-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE ALLEYWAY LYING NORTH OF
LOTS 1 THROUGH 6, INCLUSIVE AND SOUTH OF LOTS 7
AND 8, EARL AND TATE'S SUBDIVISION, TOGETHER
WITH A FIVE-FOOT ALLEY LYING ALONG THE WEST
PROPERTY LINE OF LOT 11 OF EARL AND TATE'S
SUBDIVISION, SUBJECT TO A DRAINAGE AND UTILITY
EASEMENT WHICH IS RETAINED OVER THE FULL
WIDTH OF THE FIVE-FOOT ALLEY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, 400 Cleveland, LLC, owner of real property adjoining the alley
described herein, has requested that the City vacate the alley depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said alley is not necessary for municipal
use and it is deemed to be to the best interest of the City and the general public that the
same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
The alleyway lying north of Lots 1 through 6, inclusive and south of Lots 7
and 8 of Earl and Tate's Subdivision, as recorded in Plat Book 1, Page 20,
Public Records of Hillsborough County, Florida of which Pinellas County
was formerly a part, together with a 5-foot alley lying along the west
property line of Lot 11 of said Earl and Tate's Subdivision
is hereby vacated, closed and released, and the City of Clearwater releases all of its right,
title and interest thereto, except that the City of Clearwater hereby retains a drainage and
utility easement over the full width of the 5-foot alley for the installation and maintenance
of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance No. 7541-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7541-05
~~
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City Council
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Trackinq Number: 1,759
Actual Date: 12/15/2005
Subject / Recommendation:
Adopt Ordinance 7544-05 on second reading, vacating the utility easement retained over the
vacated portion of Northeast Cleveland Street lying between Lots 15 through 22, Block B,
Bassedena Subdivision, and Lots 1 through 14, Block A, Bassedena Subdivision.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 12/04/2005
Financial Information:
Review Approval
Pam Akin
11-21-2005
13:32:29
Cvndie Goudeau
12-01-2005
11 :43:54
ORDINANCE NO. 7544-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE UTILITY EASEMENT
RETAINED OVER THE VACATED PORTION OF
NORTHEAST CLEVELAND STREET LYING BETWEEN
LOTS 15 THROUGH 22, BLOCK B, BASSEDENA
SUBDIVISION AND LOTS 1 THROUGH 14, BLOCK A,
BASSEDENA SUBDIVISION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Clearwater Centre LLC, owner of real property located in the City of
Clearwater, has requested that the City vacate the 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:
Utility easement retained over the vacated portion of Northeast Cleveland
Street lying between Lots 15 through 22, Block B, Bassedena Subdivision,
as recorded in Plat Book 6, Page 26, Public Records of Pinellas County;
Florida, and Lots 1 THROUGH 14, Block A, of said Bassedena Subdivision
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. 7544-05
City Council
Cover Memorandum
Trackina Number: 1,760
Actual Date: 12/15/2005
Subiect / Recommendation:
Continue adoption of Ordinance 7564-05 on second reading, amending Ordinance 7515-05,
which established the Clearwater Cay Community Development District pursuant to Chapter
190, Florida Statutes, to correct Exhibit A., legal description to January 19, 2006.
Summary:
Due to an error in the location discription in the legal ad the second reading of this ordinance
needs to be continued.
Originatina: City Attorney
Section Second Readings - public hearing
Cateaory: Second Reading
Public Hearina: Yes
Advertised Dates: 12/04/2005
Financial Information:
Review Approval
Pam Akin
11-21-2005
13:33:06
Cvndie Goudeau
12-13-2005
08: 13:54
\0.8
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ORDINANCE NO. 7564-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE 7515-05, WHICH ESTABLISHED
THE CLEARWATER CAY COMMUNITY DEVELOPMENT
DISTRICT PURSUANT TO CHAPTER 190, FLORIDA
STATUTES TO CORRECT EXHIBIT A, LEGAL
DESCRIPTION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 7515-05, establishing the Clearwater Cay
Community Development District was adopted by the Clearwater City Council on
September 15, 2005; and
WHEREAS, it was subsequently determined that Exhibit A to Ordinance No.
7515-05, which described the external boundaries of the District, was incorrect; now,
therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Exhibit A of Ordinance No. 7515-05, describing the external
boundaries of the Clearwater Cay Community Development District is hereby replaced with
Exhibit A attached hereto
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7564-05
Cloud - CC CDD Le al 09-28-2005.doc
p
CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT
A parcel of land in Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County,
Florida, being more particularly described as follows:
Commence at the Southwest corner of said Section 20; thence along the South line of said
Section 20, S89019'48"E, a distance of 100.01 feet to the East right of way line of U.S. Highway
19 and the POINT OF BEGINNING; thence N01026'21"E, along said East right of way line, a
distance of 350.00 feet; thence S89019'48"E, parallel with said South line of Section 20, a
distance of 175.00 feet to the Southeast corner of property conveyed in Official Records Book
13955, Page 418 of the Public Records of Pinellas County, Florida; thence N01026'21"E, along
the East line of said property, a distance of 200.00 feet to the Northeast corner of said property;
thence NS9019'48"W, along the North line of said property, a distance of 175.00 feet to said East
right of way line of U.S. Highway 19; thence N01026'21"E, along said East right of way line, a
distance of 73.79 feet to the Southwest corner of property conveyed in Official Records Book
13618, Page 304 of the Public Records of Pinellas County, Florida; thence S89019'4S"E, along
the South line of said property, a distance of 210.24 feet to the Southeast corner of said property;
thence N01026'21"E, along the East line of said property, a distance of 179.82 feet to the
Northeast corner of said property; thence N89019'48"W, along the North line of said property, a
distance of 210.24 feet to said East right of way line of U.S. Highway 19; thence N01026'21"E,
along said East right of way line, a distance of 361.95 feet; thence S89026'50"E, a distance of
885.00 feet; thence S01026'21"W, a distance of 572.00 feet; thence N89019'48"W, a distance of
263.00 feet; thence S01026'21"W, a distance of 246.00 feet; thence N89019'48"W, a distance of
12.00 feet; thence S01026'21"W, a distance of 349.37 feet to said South line of Section 20 and
the North line of said Section 29; thence S89019'48"E, along said South line and North line, a
distance of 11.39 feet to Northeast corner of property conveyed in Official Records Book 1 0769,
Page 1415 of the Public Records of Pinellas County, Florida; thence SOo027'22"E, for 43.51 feet
to the Northwest corner of property conveyed in Official Records Book 13805, Page 313 of the
Public Records of Pine lias County, Florida, said corner also being a point of intersection with a
non-tangent curve concave to the South; thence Easterly along the arc of said curve with a radial
bearing SOo027'51"E, and having a radius of 35.00 feet, a central angle of 14051'42", an arc
length of 9.08 feet and a chord bearing S83002'OO"E, for 9.05 feet to the point of reverse
curvature with a curve concave to the North; thence Easterly along the arc of said curve, having a
radius of 35.00 feet, a central angle of 13043'39", an arc length of S.39 feet and a chord bearing
S82027'5S"E, for 8.37 feet to the point of tangency; thence S89019'4S"E, for 111.84 feet to the
point of intersection with a non-tangent curve concave to the Northwest; thence Easterly along
the arc of said curve with a radial bearing NOo040'13"E, and having a radius of 55.50 feet, a
central angle of 11s044'08", an arc length of 115.01 feet and a chord bearing N31018'08"E, for
95.51 feet to the point of intersection with a non-tangent curve concave to the Northeast; thence
Southeasterly along the arc of said curve with a radial bearing N61056'04"E, and having a radius
of 15.00 feet, a central angle of 46010'01", an arc length of 12.09 feet and a chord bearing
S5100S'57"E, for 11.76 feet to the point of compound curvature with a curve concave to the
North; thence Easterly along the arc of said curve, having a radius of 125.00 feet, a central angle
of 56040'40", an arc length of 123.65 feet and a chord bearing N77025'43"E, for 118.67 feet to the
point of reverse curvature with a curve concave to the Southeast; thence Northeasterly along the
arc of said curve, having a radius of 303.00 feet, a central angle of 00031'45", an arc length of
2.80 feet and a chord bearing N49021'15"E, for 2.80 feet to the point of intersection with a non-
tangent line; thence N40022'52"W, for 14.84 feet to the point of intersection with a non-tangent
curve concave to the Northwest; thence Northeasterly along the arc of said curve with a radial
bearing N40043'39"W, and having a radius of 74.S7 feet, a central angle of 02040'04", an arc
length of 3.49 feet and a chord bearing N47"56'19"E, for 3.49 feet to the point of reverse
curvature with a curve concave to the Southeast; thence Northeasterly along the arc of said
curve, having a radius of 234.00 feet, a central angle of 34019'10", an arc length of 140.16 feet
and a chord bearing N63045'52"E, for 138.08 feet to the point of tangency; thence N80055'27"E,
for 97.25 feet; thence N56001'58"E, for 40.45 feet; thence N78050'41"E, for 127.14 feet; thence
Cloud - CC COD Le al 09-28-2005.doc
p
S78023'09"E, for 24.44 feet; thence S11 052'40"E, for 9.10 feet; thence N79023'05"E, for 49.80
feet; thence N10051'19"W, for 10.82 feet; thence N42027'28"E, for 66.63 feet; thence
N35048'02"E, for 134.85 feet; thence East, for 67.34 feet; thence S38008'04"E, for 12.67 feet;
thence East, for 68.14 feet; thence N54010'51"E, for 17.03 feet; thence East, for 96.27 feet;
thence N55005'18"E, for 63.64 feet; thence East, for 25.42 feet to the point of curvature of a curve
concave to the North; thence Easterly along the arc of said curve, having a radius of 64.00 feet, a
central angle of 39042'28", an arc length of 44.35 feet and a chord bearing N70008'46"E, for
43.47 feet to the point of reverse curvature with a curve concave to the South; thence
Northeasterly along the arc of said curve, having a radius of 58.00 feet, a central angle of
36055'37", an arc length of 37.38 feet and a chord bearing N68045'21"E, for 36.74 feet to the
point of reverse curvature with a curve concave to the Northwest; thence Easterly along the arc
of said curve, having a radius of 54.00 feet, a central angle of 87"13'09", an arc length of 82.20
feet and a chord bearing N43036'34"E, for 74.49 feet to the point of tangency; thence North, for
189.83 feet; thence S89019'09"E, for 779.97 feet; thence S60000'00"W, for 1333.52 feet; thence
S89019'48"E, for 209.91 feet; thence S24054'45"W, for 343.41 feet to the point of intersection with
a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve
with a radial bearing S52036'11"E, and having a radius of 1577.45 feet, a central angle of
13022'27", an arc length of 368.22 feet and a chord bearing S30042'35"W, for 367.38 feet to the
point of intersection with a non-tangent line; thence N89004'26"W, for 829.18 feet to the
Southeast corner of property conveyed in Official Records Book 10769, Page 1415 of the Public
Records of Pinellas County, Florida; thence N89021'00"W, along the South line of said property,
a distance of 635.75 feet to said East right of way line of U.S. Highway 19; thence NOo051'16"E,
along said East right of way line, 627.67 feet to the said POINT OF BEGINNING;
LESS AND EXCEPT the following described parcel:
A parcel of land lying in the Southwest 1/4 of the Southwest 1/4 of Section 20, Township 29
South, Range 16 East, Pinellas County, Florida, per Official Records Book 9527, Page 480,
Public Records of Pinellas County, Florida, being more particularly described as follows:
Commence at the Southwest corner of said Section 20 and run South 89019'48" East, 100.00
feet to the East right-of-way line of U.S. Highway 19; thence North 01026'21" East along said East
right-of-way line, 5.00 feet to the POINT OF BEGINNING; thence continue North 01026'21" East,
along said East right-of-way line, 345.00 feet; thence South 89019'48"" East, 252.55 feet; thence
South 01026'21'''' West, 345.00 feet; thence North 89019'48" West, 252.55 feet to the POINT OF
BEGINNING.
Overall property containing 49.439 acres, more or less.
Prepared by:
PBS&J
482 South Keller Road
Orlando, FL 32810
September 28, 2005
101501.040203
LEGAL DESCRIPTION
CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT
Page 2 of 2
~~
u~
City Council
Qj\-q
\o.C\
Cover Memorandum
Tracking Number: 1,761
Actual Date: 12/15/2005
Subject I Recommendation:
Adopt Ordinance 7571-05 on second reading, vacating the fifteen-foot sanitary sewer easement
lying within the west platted fifteen feet of Lots 11 through 14, inclusive, Block C, Replat of
Coachman Heights, and extended north through the south one-half of vacated Haven Street.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 12/04/2005
Financial Information:
Review Approval
Pam Akin
11-21-2005
13:33:48
Cvndie Goudeau
12-01-2005
11 :41 :43
ORDINANCE NO. 7571-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE FIFTEEN-FOOT SANITARY
SEWER EASEMENT LYING WITHIN THE WEST PLATTED
FIFTEEN FEET OF LOTS 11 THROUGH 14, INCLUSIVE,
BLOCK C, REPLAT OF COACHMAN HEIGHTS AND
EXTENDED NORTH THROUGH THE SOUTH ONE-HALF
OF VACATED HAVEN STREET; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Senior Citizens Services, Inc., owner of real property located in the
City of Clearwater, has requested that the City vacate the sanitary sewer 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:
15-foot sanitary sewer easement lying within the west platted 15 feet of Lots
11 through 14, inclusive, Block C, Replat of Coachman Heights as recorded
in Plat Book 20, Page 26, Official Records of Pinellas County, Florida, and
extended north through the south one-half of vacated Haven Street
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. 7571-05
City Council
Cover Memorandum
F\l\J - \
\\ . \
Tracking Number: 1,766
Actual Date: 12/15/2005
Subiect I Recommendation:
Approve contract with Bank of America for Purchasing Card services and authorize the appropriate
officials to execute same.
Summary:
Currently the city uses the State of Florida Purchasing Card contract with the Bank of America and
gets a 30 basis points (BP) rebate.
Due to the costs involved in changing credit cards a RFP for PCard services would not normally be
pursued. However, when earlier this year the city issued a bid for banking services an item for
Pcard services was included. The city receives a rebate based on the amount of annual purchases
expressed in basis points or BP. The following is a summary of the bids received for $6 million
annually of Pcards purchases:
SunTrust 50BP
AmSouth 60BP
Wachovia 60BP
Bank of America 60BP
Bank Atlantic 70BP
Fifth Third Bank 75BP
Bank of America submitted a better proposal than the current state contract. Based on the new
rate of 60BP the rebate would double. Pcard purchases have increased and the rebate will
continue to increase. Either party can cancel the contract on 60 days notice.
The cost to change to Fifth Third Bank will exceed the income generated by the extra 15BP.
A copy of the contract is available in the Official Records and Legislative Services Office.
Originating: Finance
Section: Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Review Approval
Maroie Simmons
11-28-2005
16:06:51
Garrv Brumback
12-06-2005
10:29:50
Pam Akin
12-05-2005
16:30:48
Bill Horne
Cyndie Goudeau
City Council
_m~m'" Agen~,! CoY~rMMemoran,!!.!!,!!!,
12-06-2005 14:47:45
12-07-2005 12:10:23
I
\2.-(.: ~ F- O,J. \
~~- ~ \ \ . \
BANK OF AMERICA CORPORATE PURCHASING CARD AGREEMENT
This Bank of America Corporate Purchasing Card Agreement (the "Agreement") is made by and between Bank of America, N.A. (USA),
("Bank of America"), a national banking association, and r:INSERT FULL LEG,^.L N}.ME'~The Citv of Clearwater ("Company") and shall be effective
as of the Effective Date set forth below.
Recitals
A. Bank of America is a member ofMasterCard@ lntemationallncorporated ("MasterCard") and Visa@ U.S.A. Inc. ("Visa") with full power
and authority to issue cards for business and commercial use;
B. Bank of America issues and services corporate purchasing cards for business and commercial use; and
C. Company desires to obtain and use, and Bank of America desires to issue to Company, one or more corporate purchasing card accounts
which will be subject to the terms and conditions in this Agreement.
NOW, THEREFORE, for valuable consideration, the parties agree as follows.
1. DEFINITIONS.
A. "Account" means each MasterCard or Visa Corporate Purchasing Card account, including a Cardless Account, which Bank of America (i) issues
pursuant to this Agreement or (ii) issued (and still outstanding as of the Effective Date of this Agreement) pursuant to a previous agreement no longer in
effect. Each reference in this Agreement to "the Account" will mean Company's Account, a Participant's Account, a Cardholder's Account, or any
combination of them, as applicable.
B. "Billing Statement" means the official invoice provided to Company, Participant and/or Cardholder which identifies each Transaction posted during
the billing cycle, the date of each Transaction and the applicable fees and charges. Unless otherwise determined by Bank of America, the official invoice
is in paper, not electronic, medium.
C. "Business Use" means use for business-related purposes.
D. "Card" means each plastic charge card which Bank of America issues or has issued for the Account which is not a Cardless Account.
E. "Card Administrator" means an individual or individuals authorized by Company or a Participant, as applicable, to request Bank of America to add
or delete Cards or Convenience Checks and to communicate with Bank of America and take other action needed to maintain the Account.
F. "Cardholder" means an employee or agent of Company or of a Participant who Company or a Participant designates in writing and who Bank of
America approves to receive an Account or a Device, including a Cardless Account. If a Cardholder or a Card Administrator makes a Device available
for use by another party, that person will be considered a Cardholder.
G. "Cardless Account," also called a "Control Account," means an Account for which Bank of America assigns only an Account number, but provides
no Card or Convenience Checks.
H. "Cash Advance" means use of the Account to obtain cash from a participating financial institution or merchant or from an ATM, to write
Convenience Checks, or to obtain items readily convertible into cash including, without limitation, money orders, travelers checks, foreign currency,
lottery tickets, casino chips and racetrack wagers.
I. "Convenience Check" means each check which Bank of America at its discretion provides to Company or a Participant to use the Account.
1. "Device" means a device such as a Card, Account number or, where applicable, a Convenience Check which Bank of America provides under this
Agreement to use to make Transactions or other charges on the Account.
K. "Guarantor" means a person or entity, other than Company or a Participant, that agrees to assume responsibility for the obligations of this
Agreement, including payment of any amounts owed.
1. "Participant" means a subsidiary, affiliate or division of Company which Company designates in writing on a Participant Account Form and which
Bank of America approves, for Bank of America to issue an Account with its own Account number. A Participant Account Form, upon completion by
Company and approval by Bank of America, will be made a part of this Agreement.
M. "Payment Due Date" means the payment due date shown on the Account Billing Statement which date shall be the last day of the Settlement Period.
N. "Settlement Period" means the number of days after the statement closing date within which payment is due, as designated in Schedule A hereto.
O. "Transaction" means a purchase or reservation of goods or services or a Cash Advance made or facilitated by use of a Device or the Account.
P. "Unauthorized Use" means use of the Account or a Device by a person (i) who is not a Cardholder; (ii) who does not have actual, implied or
apparent authority to use the Account or Device; and (iii) whose use does not result in a direct or indirect benefit for Company, a Participant or
Cardholder.
2. USE OF ACCOUNT AND DEVICES.
A. The Account and Devices will be used only for Transactions in connection with the procurement of goods and services incidental to Company's or
Participant's business or business activities, including travel and entertainment expenses.
B. The Account will be used for Business Use only, and Company will so advise and require each Cardholder and each Participant accordingly.
Company will pay for Transactions and fees which Bank of America applies to the Account or Devices.
C. Company and each Participant will follow, and will take all steps necessary or prudent to require each Cardholder to follow, the following
procedures:
1.
A Cardholder using a Card for a Transaction may sign a sales draft or Cash Advance draft which the merchant's financial institution
processes. However, failure to sign a sales draft or receive a sales receipt will not relieve Company of its obligations under this
Agreement. Company should retain or should direct each Cardholder to retain each sales draft or Cash Advance draft as a record ofthe
Transaction.
A Card will not be used before the Card's valid date or after the Card's expiration date.
2.
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3. Company and each Cardholder will check to see that the information embossed on a new Card or printed on Convenience Checks and sent
to Company or Cardholder is correct. If there is an error, Company will notify Bank of America immediately.
D. If Bank of America provides Convenience Checks, they may not be used to make payment on the Account or any other loan or line of credit.
Convenience Checks will not be retumed to Company or any Participant or Cardholder. Bank of America may pay a Convenience Check and post its
amount to the Account regardless of any restriction on payment, including, without limitation, a Convenience Check which is post-dated, states that it is
void after a certain date or states a maximum or minimum amount for which it may be written. To stop payment on a Convenience Check, Company or
Cardholder must call Bank of America at the Customer Service number shown on the Account Billing Statement with all the following information: the
exact dollar amount of the Convenience Check; the Convenience Check number; the Account number; the name of the party to whom the Convenience
Check was written and the name ofthe person who signed the Convenience Check. Bank of America will stop payment on the Convenience Check if
Bank of America receives the stop payment request by the business day before the day Bank of America pays the Convenience Check. The date Bank of
America pays the Convenience Check may be before the date it posts to the Account. The stop payment order will remain effective for six (6) months.
E. Bank of America may, at the request of Company or a Participant, establish a Cardless Account.
F. If Company or Participant desires to terminate the Account or Card use (including, where applicable, use of Convenience Checks) by a Cardholder,
Company or Participant, as applicable, will notify Bank of America and will destroy the Devices issued or provided to that Cardholder. Company may
exclude a Participant from the Account by giving Bank of America written notice, and Bank of America will have a reasonable period of time to act on
any such notice. If this Agreement terminates, Company will be responsible for promptly destroying all Devices for the Account.
G. A Transaction may require the merchant, supplier or financial institution to seek prior authorization from Bank of America before completing the
Transaction. If Company advises Bank of America in writing of its desire to restrict a certain type of Transaction identified by a certain merchant
category ("Merchant Category Code"), Bank of America will take reasonable steps to withhold a requested authorization of that Transaction type,
provided it is identified by the appropriate Merchant Category Code. However, Bank of America will not be liable to Company if merchants, suppliers
or financial institutions nonetheless accept a Card or the Account for that Transaction type.
H. Bank of America is not liable if a merchant or supplier does not honor a Card or if authorization is not given.
1. If Participant is or no longer will be a majority-controlled subsidiary, affiliate or division of Company, Company must notify Bank of America
immediately; Bank of America will have the right to terminate any Account or Device which that Participant or Participant's Cardholders use.
J. Bank of America may, at the request of Company or a Participant, establish an Account with a designation which is not an actual individual,
including, without limitation, a vehicle identification number, license number, department name or "Authorized Representative".
K. Bank of America may deny authorization for any Transaction if Bank of America suspects fraudulent activity or Unauthorized Use, or for other
reasons. Bank of America is not liable for any failure to authorize a Transaction.
3. CHARGE LIMIT.
A. There will be one total charge limit for the Company Account and Participant Account ("Aggregate Charge Limit"). Each Card will have its own
charge limit ("Card Limit"). In its sole discretion, and for purposes of limiting potential losses or for administering time-sensitive requests, Bank of
America may increase or decrease the Aggregate Charge Limit or any Card Limit.
B. Company, a Participant and Cardholders will not incur Transactions which would cause the sum of Company's and Participant's unpaid balance to
exceed the Aggregate Charge Limit or to cause a Card Limit to be exceeded. Any amount exceeding the Aggregate Charge Limit or Card Limit shall be
immediately due and payable.
c. If the Aggregate Charge Limit or a Card Limit is exceeded, or if an Account payment is late, Bank of America shall no longer be obligated to allow
any further Transactions.
4. COMPANY LIABILITY; ACCEPTANCE OF AGREEMENT.
A. By activating, signing or using any Device or Account, Company agrees to be bound by this Agreement regardless whether Company signs this
Agreement. Company will pay Bank of America for all Transactions, whether Company or Cardholder billed, regardless of the purpose for which the
Transaction is made, and for applicable fees and charges described in Schedules A and B.
B. Company's responsibility for Card and Account usage will continue until: (1) Receipt by Bank of America of Company's or a Participant's written
notice to close the Card or the Account; (2) actual closure of the Account by Bank of America; and (3) payment to Bank of America of all amounts due
under this Agreement.
c. Company does hereby grant to Bank of America a security interest and contractual right of offset in and to, all deposit accounts now or subsequently
maintained by the Company with Bank of America or any of its affiliates and subsidiaries. The Company, by its execution of this Agreement or use of a
Device, authorizes Bank of America to enter into a master control agreement with its affiliates and subsidiaries authorizing, upon the occurrence and
continuance of any default under this Agreement, the disposition of funds in any such deposit account to satisfy all liabilities incurred hereunder, without
the further consent ofthe Company. The Company's execution of this Agreement or use of a Device shall constitute an authenticated record for the
purposes of establishing control of such deposit accounts under the Uniform Commercial Code.
D. Company agrees to indemnify Bank of America and hold Bank of America harmless from, all claims, actions, losses, costs and expenses (including
attomeys' fees and allocated costs for in-house legal services) incurred by Bank of America arising from any Unauthorized Use of a Cardless Account or
Account established in the name of "Authorized Representative," a department name or other such designation that is not an actual individual. This
Section 4.D. takes precedence over any restriction on Company's liability contained in this Agreement.
5. BILLING STATEMENTS.
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2
A. Bank of America will provide a Billing Statement to the Card Administrator or to such other Company employee or agent as Company designates in
writing.
B. Bank of America may provide Company and the Participant, as applicable, a monthly report listing each Cardholder who has an Account balance
unpaid since the Payment Due Date on the most recent Billing Statement issued to the Cardholder and therefore is subject to cancellation of Account
charge privileges ("Delinquency Report"). Providing the Delinquency Report shall not constitute a waiver by Bank of America of any rights and
remedies it may have under this Agreement.
6. PAYMENTS.
A. Company will pay Bank of America the total amount of the new balance shown as due on each Billing Statement on or before the Payment Due
Date shown on that Billing Statement. If Company does not make payment in full by the Payment Due Date, Bank of America, at its option, may assess
a late fee and finance charge in accordance with this Agreement. Assessment of a late fee or finance charge shall not be deemed to extend the time for
any payment hereunder or to constitute a "grace period" in which to cure any default.
B. Company or a Participant may arrange for direct Account payment to Bank of America from Cardholders. No such arrangement will amend or
modify Company's liabilities, including responsibility for payment, in this Agreement.
C. There is no right to defer any payment due on the Account.
D. Company shall make payment electronically via the Automated Clearing House (ACH), and Bank of America may initiate ACH debits to any
deposit account specified by Company at any financial institution.
E. All remittances must include the complete Account number in order to be processed. Failure to include the complete Account number shall
constitute a failure to make the payment.
7. CARD ADMINISTRATOR. Company will identify one or more Card Administrator(s) who will be Bank of America's primary contact for such
things as: designation of Cardholders, designation of Cardholders to receive any Devices, and correspondence regarding the Account or this Agreement,
except as provided elsewhere in this Agreement. Company may add, change or eliminate a Card Administrator by giving Bank of America written
notice.
8. LOST OR STOLEN CARDS.
A. Each Transaction resulting from use of a Device will be assumed to be an authorized Transaction unless Bank of America has received prior written
notice from Company or a Participant, as applicable, that the Cardholder is no longer authorized to use the Account.
B. Ifa Device such as a Card or Convenience Check is lost or stolen, or if there is possible Unauthorized Use, Company must require each Participant
and Cardholder to notify Bank of America as soon as practically possible within the first 24 hours following discovery of the loss or theft or possible
Unauthorized Use by phoning Bank of America at the phone number provided for such notice on the Billing Statement, with written confirmation as
requested in connection with Bank of America's investigation. If(i) notice as provided in this Section is given within the first 24 hours; and (ii)
Company assists Bank of America in investigating facts and circumstances relating to the loss or theft or possible Unauthorized Use of any Device,
including without limitation, obtaining an affidavit or similar written, signed statement from the Cardholder, then Company or Participant, as applicable,
will not be liable for Transactions resulting from Unauthorized Use.
9. LICENSE TO USE COMPANY'S MARKS. If requested by Company, Bank of America may place Company's trademark, tradename, service
mark and/or designs ("Company's Marks") on the Card and collateral materials. Company shall provide the graphics to Bank of America in sufficient
time to allow for review and approval by Bank of America and, if necessary, the respective card association. Company grants to Bank of America a non-
exclusive license to use, during the term of this Agreement, Company's Marks on the Cards and on other materials related to the Accounts. Company
agrees to defend, indemnify and hold harmless Bank of America, its affiliates and their respective directors, officers, agents and employees for any and
all losses, costs, liabilities or expenses (including, without limitation, attorneys' and expert witnesses' fees) incurred or arising from any claim that the use
of any of Company's Marks infringes the intellectual property rights of any third party.
10. SOFTWARE.
A. The use of Visa InfoSpan software, MasterCard Smart Data software or any other third party software program and related documentation, ifany,
provided in connection with this Agreement shall be governed by the terms ofthe end-user agreement accompanying the software.
B. Upon payment of the requisite license and related fees, Bank of America grants Company a non-exclusive, non-transferable, enterprise license to
use for internal business purposes the EAGLS@ software ("Software") and documentation as amended from time to time by Bank of America
("Documentation") which is provided by Bank of America to Company. Title, ownership rights and intellectual property rights in the Software and
Documentation shall remain in Bank of America or its parent, Bank of America Corporation. Company acknowledges such ownership and intellectual
property rights and will not take any action to jeopardize, limit or interfere in any manner with Bank of America's or its parent company's rights with
respect to the Software or Documentation. Company agrees to use the Software and Documentation as specified by Bank of America.
11. FEES. Company agrees to pay the fees and charges set forth in Schedule A and Schedule B hereto which are incorporated herein by reference.
12. FINANCE CHARGE. In the event Company fails to pay the total amount shown as due on a Billing Statement by the Payment Due Date shown on
that Billing Statement, the amount unpaid shall be subject to a finance charge starting no sooner than the first day of the next billing cycle. To calculate
the finance charges for a billing cycle, the daily periodic rate is multiplied by the average daily balance, and that product is multiplied by the number of
days in the billing cycle. The daily periodic rate is the annual percentage rate divided by 365. The annual percentage rate is the prime rate published in
the Money Rates section of The Wall Street Journal in effect on the first day of each calendar month (the "Prime Rate") plus the number of percentage
points stated in Schedule A. The average daily balance is the sum of the daily past due balances (including, for each day, finance charges from previous
day) less payments credited to the past due balance, divided by the number of days in the billing cycle.
13. AMENDMENT OF THIS AGREEMENT. Bank may, upon written notice to Company, amend this Agreement by changing, adding or deleting
any term, condition, service or feature of an Account or of this Agreement. Company shall have thirty (30) days from the effective date of the
amendment to notify Bank of America in writing that the amendment is not accepted. Any such notice of non-acceptance shall be deemed to be a notice
of termination under Section 18 of this Agreement. Failure of Company to provide a notice of non-acceptance within thirty (30) days after the effective
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3
date of an amendment will mean that Company has accepted the amendment. Unless otherwise stated, any amendment will apply to an Account's unpaid
balance and to new activity on the Account.
14. MERCHANT/SUPPLIER CLAIMS AND DISPUTES.
A. Bank of America will have no liability, and Company and each Participant and Cardholder will hold Bank of America harmless, for all Transactions
and for use ofthe Account. Company will make a good-faith effort to resolve with a merchant or supplier any claim or dispute arising from a
Transaction and waives any claim against Bank of America for any merchant's or supplier's refusal to honor any Device.
B. In a dispute with a merchant or supplier, the rights of the Company, any Participant and each Cardholder against the merchant or supplier will
become the rights of Bank of America, and Company and Participant will assign (and require the affected Cardholder to assign) to Bank of America each
of their rights to assert a billing error against the merchant or supplier. Company and the Participant will, and will require the Cardholder to, do
whatever is necessary to enable Bank of America to exercise those rights. Bank of America may reverse from the Account any credits relating to the
dispute.
15. FOREIGN TRANSACTlONSIFEES. If you make a Transaction in currency other than U.S. dollars, Visa or MasterCard will convert the charge or
credit into a U.S. dollar amount. The conversion rate on the processing date may differ from the rate on the date of your Transaction.
The exchange rate used by Visa will either be (i) a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable
central processing date, which rate may differ from the rate Visa receives, or (ii) the government-mandated rate in effect for the central processing date.
MasterCard will use an exchange rate of either (i) a wholesale market rate or (ii) a government-mandated rate. Visa and MasterCard will no longer add
1 % to the U.S. dollar amount. We may add a 1 % fee to the U.S. dollar amount of any Transaction that is made in foreign currency or that is made
outside the United States even if you pay in U.S. dollars (the "International Transaction Fee"). The International Transaction Fee will be shown in the
Activity section on your billing statement. Starting May 1, 2005, the International Transaction Fee will be aggregated in the Other Fees category on the
Summary section of your statement.
16. REPRESENTATIONS AND WARRANTIES.
A. Company and each Participant, as applicable, represents and warrants to Bank of America that:
1. In each state in which it conducts its business, it is properly licensed, in good standing, and, where required, in compliance with fictitious name
statutes.
2. All financial and other information that it has supplied or will supply to Bank of America, including without limitation, all information on its
application for the Account, is (a) accurate; (b) sufficiently complete to give Bank of America accurate knowledge of its and any Guarantor's
financial condition; (c) in compliance with all laws and regulations that apply.
3. There is no lawsuit, tax claim or other dispute pending or threatened against it which, iflost, would impair Company's financial condition or
ability to repay Bank of America under this Agreement, except as has been already disclosed in writing to Bank of America.
4. Company represents and warrants that each Cardholder is a current employee or agent of the Company or Participant. Company represents and
warrants that the identification information relating to the Cardholder is accurate and consistent with the information contained in Company's
employment records.
B. Bank of America represents and warrants to Company and each Participant that Bank of America is a national banking association with its principal
office in Phoenix, Arizona.
C. Each party to this Agreement (Company, each Participant and Bank of America) represents and warrants that:
1. There is no event which constitutes, or with notice or lapse of time or both would constitute, a default on its part under this Agreement.
2. Each person signing this Agreement below on its behalf presently hold the title set next to his/her name and is duly authorized by it to bind the
party to the terms and conditions of this Agreement.
17. PERIODIC REVIEW OF COMPANY.
A. During the term of this Agreement, when Bank of America from time to time requests information from Company or a Participant for the purpose of
reviewing Company's or Participant's ability to perform its obligations under this Agreement, Company will furnish the information promptly. Bank of
America and its affiliates and processing agents may exchange information about Company and Participants as that information pertains to the rights and
obligations in this Agreement.
B. Company will notify Bank of America in writing immediately of any change in the business name, the principal officers like the Chief Executive
Officer and Chief Financial Officer, the mailing address or the phone number of Company or a Participant. Company will also notify Bank of America
of any change of mailing address or phone number of any of its Cardholders.
18. TERMINATION. Either party may terminate this Agreement with or without cause upon sixty (60) days' prior written notice to the other party.
19. EVENTSOFDEFAULT
The following are events of default hereunder: (a) the failure to payor perform any obligation, liability or indebtedness of Company, a Participant or a
Guarantor (each, an "Obligor") to Bank of America, or to any affiliate or subsidiary of Bank of America Corporation, whether under this Agreement or
any other agreement, as and when due (whether upon demand, at maturity or by acceleration); (b) the failure to payor perform any other obligation,
liability or indebtedness of any Obligor to any other party; (c) the death of any Obligor (if an individual); (d) the resignation or withdrawal of any partner
or a material owner of any Obligor as determined by Bank of America in its sole discretion; ( e) the commencement of a proceeding against any Obligor
for dissolution or liquidation, the voluntary or involuntary termination or dissolution of any Obligor or the merger or consolidation of any Obligor with
or into another entity; (f) the insolvency of, the business failure of, the appointment of a custodian, trustee, liquidator or receiver for or for any of the
property of, the assignment for the benefit of creditors by, or the filing of a petition under bankruptcy, insolvency or debtor's relief law or the filing of a
petition for any adjustment of indebtedness, composition or extension by or against any Obligor; (g) the determination by Bank of America that any
representation or warranty made to Bank of America or to any affiliate or subsidiary of Bank of America Corporation by any Obligor in any agreement or
otherwise is or was, when it was made, untrue or materially misleading; (h) the failure of any Obligor to timely deliver such financial statements,
including tax returns, other statements of condition or other information, as Bank of America shall request from time to time; (i) the entry of a judgment
against any Obligor which Bank of America deems to be of a material nature, in Bank of America's sole discretion; (j) the seizure or forfeiture of, or the
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4
issuance of any writ of possession, garnishment or attachment, or any tumover order for any property of any Obligor; (k) the determination by Bank of
America that it is insecure for any reason; (I) the determination by Bank of America that a material adverse change has occurred in the financial condition
of any Obligor; (m) the determination by Bank of America that any Obligor fails to meet the credit criteria initially used by Bank of America to approve
Obligor; or (n) the failure of any Obligor to comply with any law or regulation controlling its operation.
20. REMEDIES UPON DEFAULT. Whenever there is a default under this Agreement, (a) the entire balance outstanding on all Accounts and all
other obligations of any Obligor to Bank of America (however acquired or evidenced) shall, at the option of Bank of America, become immediately due
and payable; (b) any obligation of Bank of America to permit further Transactions under this Agreement shall immediately cease and terminate; and/or
(c) this Agreement or any Account may be terminated by Bank of America. The foregoing remedies are in addition to any other rights of Bank of
America under this Agreement.
21. EFFECT OF TERMINATION. Upon termination ofthis Agreement, Company wiIl be responsible for promptly destroying all Devices.
Termination wiIl not affect Company's liability for any charges or other obligations under this Agreement. After termination, this Agreement (except the
ability to use the Account for additional Transactions) will remain in force until all Transactions and Company's other obligations under this Agreement
are paid and satisfied in full. Further, Company shall ensure that no new Transactions are made on the Account. However, if any Transactions are made
after termination, Company will continue to be liable until they are paid in full.
22. GOVERNING LAW. This Agreement is made in Arizona. This Agreement and the Account, as well as Bank of America's rights and duties
regarding this Agreement and the Account, will be govemed by the laws respecting national banking associations and, to the extent not so covered, by
the laws of the State of Arizona, regardless of where Company resides or where a Cardholder uses the Account at any time. Company wiIl submit to the
personal jurisdiction of any state or federal court or of Judicial Arbitration and Mediation Service ("JAMS") located in the State of Arizona.
23. ARBITRATION.
A. This paragraph concems the resolution of any controversies or claims between the parties, whether arising in contract, tort or by statute, including
but not limited to controversies or claims that arise out of or relate to: (i) this Agreement (including any amendments or modifications); or (ii) any
document related to this agreement; (collectively a "Claim").
B. At the request of any party to this agreement, any Claim shall be resolved by binding arbitration in accordance with the Federal Arbitration Act
(Title 9, U. S. Code) (the "Act"). The Act will apply even though this agreement provides that it is governed by the law ofa specified state.
C. Arbitration proceedings will be determined in accordance with the Act, the applicable rules and procedures for the arbitration of disputes of JAMS
or any successor thereof, and the terms ofthis paragraph. In the event of any inconsistency, the terms of this paragraph shall control.
D. The arbitration shall be administered by JAMS and conducted in the state specified in the governing law section of this agreement. All Claims shall
be determined by one arbitrator; however, if Claims exceed $5,000,000, upon the request of any party, the Claims shall be decided by three arbitrators.
All arbitration hearings shall commence within 90 days of the demand for arbitration and close within 90 days of commencement and the award of the
arbitrator(s) shall be issued within 30 days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the
commencement of the hearing for up to an additional 60 days. The arbitrator(s) shall provide a concise written statement ofreasons for the award. The
arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced.
E. The arbitrator(s) wiIl have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on
that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the
equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the
arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this agreement.
F. This paragraph does not limit the right of any party to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or
nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to
obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment ofa receiver, or additional or supplementary
remedies.
G. The filing of a court action is not intended to constitute a waiver of the right of any party, including the suing party, thereafter to require submittal of
the Claim to arbitration.
24. COSTS AND ATTORNEY FEES. If either party incurs expenses related to the enforcement of, or takes collection action under, this Agreement,
the prevailing party is entitled to recover from the other party costs and reasonable attomey fees.
25. TELEPHONE MONITORING. Bank of America may listen to and/or record telephone calls between a Bank of America employee and any
person acting on Company's or a Participant's behalffor the purpose of monitoring and improving the quality and effectiveness of Bank of America's
communication.
26. SUCCESSORS AND ASSIGNS. This Agreement and all terms and conditions hereof, are not assignable or transferable by Company or any
Participant without Bank of America's prior written consent. All the terms and provisions of this Agreement will inure to the benefit of and be binding
upon each party and its successors and permitted assigns.
27. NOTICES. Any notice required or permitted under this Agreement shall be effective only ifit is in writing and (i) personally delivered, (ii) sent by
U.S. mail, postage prepaid, (iii) sent by a nationally recognized overnight delivery service, with delivery confirmed, (iv) telecopied, if confirmed with an
error-free transmission report, or (v) e-mailed to such e-mail address as shall have been furnished to the other party, with delivery confirmed, addressed
as set forth below. Such notices shall be deemed to have been duly given either five (5) business days after the date of mailing by U.S. mail as described
above or if otherwise sent, on the business day of receipt. Notices delivered after 5:00 p.m. shall be considered received on the next business day. A
party may alter the address or telecopy number to which notices are to be sent by giving notice of such change in conformity with the provisions of this
Section 27.
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Notices to Bank of America must be sent to:
Notices to Company must be sent to:
A. (for U.S. Mail)
Bank of America
P.O. Box 2463
Spokane, W A 99210-2463
A.
(for overnight delivery service)
Bank of America
Commercial Card
Floor 2
1616 South Rustle Street
Spokane, W A 99224
Telecopy:
e-mail:
Attention:
OR:
B. Company's corporate account address as designated in Bank of
America's credit card processing system.
OR:
B. Bank of America's Large Corporate and Commercial
Card Services representative for Company's program
at the address designated during implementation of
Company's program.
C. WITH A COpy to the following address if the notice relates to a Claim:
Counsel for Commercial Card Services
Bank of America Legal Department
101 South Tryon Street
NCI-002-29-01
Charlotte, NC 28255
28. SEVERABILITY. If any provision ofthis Agreement is held to be invalid, void or unenforceable, all other provisions in this Agreement will
remain valid and enforceable.
29. LIMITATION OF LIABILITY. BANK OF AMERICA SHALL NOT BE LIABLE TO COMPANY, ANY PARTICIPANT OR CARDHOLDER,
FOR ANY ACTION TAKEN OR OMITIED TO BE TAKEN IN CONNECTION WITH THIS AGREEMENT EXCEPT FOR DIRECT DAMAGES
ARISING FROM BANK OF AMERICA'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. IN NO EVENT SHALL BANK OF
AMERICA BE LIABLE TO COMPANY, ANY PARTICIPANT OR CARDHOLDER, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES OR LOST PROFITS OR LOST DATA.
30. WARRANTY DISCLAIMER. ALL SERVICES, EQUIPMENT, SOFTWARE AND OTHER PRODUCTS FURNISHED BY BANK OF
AMERICA TO COMPANY OR A P ARTICIP ANT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND BANK OF AMERICA
EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE.
31. ONE AGREEMENT. This Agreement and any other agreements required by this Agreement, collectively: (a) represent the sum of the
understandings and agreements between Bank of America and Company concerning the subject matter of this Agreement; (b) replace any prior oral or
written agreements between Bank of America and Company concerning this Agreement, and (c) are intended by Bank of America, Company and each
Participant as the final, complete and exclusive statement of the agreement between/among them. No failure on the part of Bank of America to exercise,
and no delay in exercising any right under this Agreement, will operate as a waiver of that right. Unless other provisions in this Agreement expressly
provide otherwise, the terms of this Agreement will prevail ifthere is a conflict between this Agreement and any other agreements required by this
Agreement.
IN WITNESS WHEREOF, the parties hereby execute this Agreement as of the Effective Date shown below.
BANK OF AMERICA, N.A. (USA)
ENTER COMPANY NAME
Signature:
Signature:
Name:
Name:
Title:
Title:
Date:
Date:
Telephone Number:
EFFECTIVE DATE:
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SCHEDULE A
TO
BANK OF AMERICA City of Clearwater CARD AGREEMENT
GENERAL PRODUCT FEE SCHEDULE
Payment Method and applicable fee:
Annual Card Fee (Per Card):
Late Fee: Assessed if full payment is not received by Payment Due Date.
Central Bill Accounts: Minimum $250.00, Maximum $3,500.00
Individual Bill Accounts:
ACH Debit ,
Waived
$250.00
$29.00
Prime + 3.00%
2.5%
NA
NA
$29.00 per occurrence
$3.00 per copy
Waived
Quoted by Design
30 day billing cycle
14 day grace period
Periodic Finance Charge:
Cash Advance Fee: Minimum $5.00, no maximum
Overlimit Fee:
Central Bill Accounts: Assessed when Aggregate Charge Limit is exceeded.
Individual Bill Accounts: Assessed when any Card Limit is exceeded.
Returned Payment Fee:
Copy Fee:
Logo Fee:
Unique Card Design Fee:
SELECTION OF SETTLEMENT PERIOD
Indicate the Settlement Period or number of days after the statement closing date within
which payment is due.
WAIVER PROGRAM: Depending on whether the Account is a Visa account or a MasterCard account, the Account will be subject to either the Visa
Liability Waiver Program or the MasterCoverage@ Liability Protection Program. This coverage is designed to protect financial institutions and
companies from employee misuse ofthe Account resulting in unauthorized Transactions. Bank of America will waive Company's liability for waivable
charges up to the limit of coverage as provided in the liability waiver program ("Waiver Program") upon notice by the Waiver Program underwriters that
the Transaction at issue qualifies as a waivable charge. This waiver will be according to the terms and subject to the exclusions of the Waiver Program as
established from time to time by the Waiver Program Underwriters, including without limitation, the condition that Company meets all of its obligations
under the Waiver Program which may change from time to time. Current terms ofthe Waiver Program as set forth in the brochure, which Bank of
America will provide to Company are incorporated in this Agreement by reference. The Waiver Program may be terminated by Bank of America or the
Waiver Program underwriters, effective immediately upon notice to Company.
UP TO $500,000 TRAVEL ACCIDENT INSURANCE (NOT AVAILABLE FOR CORPORATE FLEET CARDS): This coverage will offer up to
$500,000 in automatic common carrier travel, accidental death and dismemberment insurance when employees charge the entire cost of the passenger
fare for land, sea, or air public transportation on their Cards. A disclosure, which oLltlines the program details will be provided to Company and
Cardholders.
CityolClearwaterScheduleA
SCHEDULE 8
TO
BANK OF AMERICA CORPORATE CARD AGREEMENT
City of Clearwater
ELECTRONIC PRODUCT FEE SCHEDULE
Works Payment Manager
Internet Software: *Works Payment Manager $10,000.00 (See below fee option)
Custom Reports: Included in the 100 IT hours in Works Implementation
Custom Interface: Included in the 100 IT hours in Works Implementation
*Interface warranty period of 1 year
Software Training:
1 Phone Training Session per License $0
Training sessions on-site Fee Waived
*For Company and Participants a one time Works Payment Manager fee of$10, 000 for City of Clearwater is waived with
the custom pricing offered in schedules A, Band C. See Training section for fees on additional on-site training.
C\DOCUME-l\MONA-1.KAU\WCALS-IITempIFYIIOOIPIGXOlDO05V.DOC
SCHEDULE C
BANK OF AMERICA Corporate Card AGREEMENT
City of Clearwater
Rebate Definitions:
"Transaction Volume" means, with respect to any Calculation Period, the total dollar amount of purchase transactions made
with the Cards, less the total dollar amount of: returned purchases, credit adjustments, credit losses, Large-Ticket Interchange
Transactions, international transactions and disputed charges. "Large-Ticket Interchange Transactions" means certain
transactions which, based upon the type of merchant and/or transaction dollar amount, are subject to a Visa or MasterCard
large ticket interchange program, as determined by and amended by Visa and MasterCard from time to time. Cash advances
and Convenience Checks are not included in Transaction Volume. "Calculation Period" means, initially, the 12-month period
commencing sixty (60) days after Bank of America receives a fully executed original of this Agreement and thereafter, each
subsequent 12-month period.
Rebate Conditions:
The program must meet the following conditions in order to qualify for a rebate:
(i) During the Calculation Period, Company pays Bank of America the total amount ofthe new balance shown as due on
each Billing Statement on or before the Payment Due Date;
(ii) The total number of Cards and Cardless Accounts at any given time during the Calculation Period does not exceed
NA;
(iii) The actual Transaction Volume for the Calculation Period is at least equal to $1; and
(iv) Company does not breach any obligation, covenant, representation or warranty contained in this Agreement.
Rebate Calculation and Payment:
Should Company meet all of the above Rebate Conditions, Bank of America agrees to pay a rebate to Company, which shall
equal the product of the Transaction Volume and Below referenced %. Such payment shall be made by ACH credit or other
means determined by Bank of America, within ninety (90) days following the end of the Calculation Period.
Should Company fail to meet one or more of the above Rebate Conditions, Bank of America shall be under no obligation to
pay any rebate, although Bank of America may, in its sole discretion, determine to pay a rebate in an amount determined by
Bank of America. Bank of America's payment of a rebate in such circumstance shall in no way obligate Bank of America to
pay a rebate with respect to any subsequent Calculation Period.
City of 30 day cycle
Clearwater
Purchase
Card
Volume Tiers 14 days
Grace
Excludes
Laroe Ticket
$0 $999,999 0
$1,000,000 $2,999,999 40
$3,000,000 $5,999,999 50
$6,000,000 $8,999,999 60
$9,000,000 $11,999,999 65
$12,000,000 $14,999,999 70
$15,000,000 $19,999,999 75
$20,000,000 + 80
C:\DOCUME-1\MONA-I.KAU\LOCALS-1ITemp\FYJ\OOlP1HXOlDO05V.DOC
Transactions that qualify for Large Ticket Interchange Qualification
will be eligible for a Large Ticket Rebate based on the following schedule,
provided the Large Ticket Qualified Transactions do not exceed 50% of total volume
and the Standard Volume qualifies for rebate
Large Ticket Volume Cycle Days 14 14 30 30 30 30
Not to Exceed 50% Grace Days 3 7 3 7 14 25
of total Card volume Rebate Basis Points
$0 $1,499,999 39 35 31 27 20 10
$1,500,000 $4,999,999 49 45 41 37 30 20
$5,000,000 $19,999,999 59 55 51 47 40 30
$20,000,000 + 64 60 56 52 45 35
C\DOCUME-1\MONA-I.KAU\LOCALS-1ITemplFY1\OOlPIHXOIDOO5V.DOC
2
(: t-..X;, d
\\. d.
City Council
",,~_~g,~~da. C;:=~~~~,~M~!!!~!!,~c:!,~m ffi,=,' ,
Tracking Number: 1,721
Actual Date: 12/15/2005
Subject / Recommendation:
Approve a 5-year renewal of the Lease Agreement with Head Start Child Development and
Family Services, Inc. ("Head Start or Lessee") for Lot 5, PENNSYLVANIA SUBDIVISION,
commencing February 1, 2006 and terminating January 31, 2011, in consideration of receipt of
$1.00 and Lessee compliance with the promises and covenants contained therein, and authorize
appropriate officials to execute same. -
Summary:
Head Start operates the James Sanderlin Head Start Center ("Center") at 920 Palmetto Street.
The Center provides preschool programs for approximately 45 students.
The subject vacant City-owned lot is adjacent on the west to the Center and affords the students
a 5200 square foot fenced playground.
The City Commission declared the subject lot as surplus at its meeting of January 18, 2001 for
the purpose of entering into the initial 5-year lease with Head Start that commenced February 1,
2001 and will terminate January 31, 2006.
The current lease extends a first option to Head Start to renew the lease for additional terms of
5 years each as consistent with the City Charter, providing that Head Start is not in default
under the existing lease.
As Head Start is not in default under the existing lease, and a 5-year renewal of the lease is
consistent with the City Charter, the proposed Lease Agreement stipulates the same terms and
conditions contained in the current lease.
A copy of the Lease Agreement is available for review in the Office of Official Records and
Legislative Services.
Originating: Engineering
Section Consent Agenda
Cateqorv: Real Property Lease from the City
Number of Hard Copies attached: 1
Financial Information:
Review Approval
Michael Guillen
11-07-2005
09:21 :53
Cvndie Goudeau
12-05-2005
11:25: 10
Sharon Walton
11-14-2005
11 :54:26
Garrv Brumback
12-01-2005
14:23:45
Laura Lipowski
Bill Horne
City Council
""""'=._ Ag,!,!:Ida CO~.!,~.",..~~!.!!!,!!~~.!!,~!I_~.","",_,..,",=,
11-18-2005 15: 11 :29
12-02-2005 16: 14: 34
f\e: \ \ . Q
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this day of
, 200_, by and between the CITY OF CLEARWATER, a Florida
Municipality, herein called the "Lessor", and HEAD START CHILD DEVELOPMENT &
FAMILY SERVICES, INC., a community action program under the Department of
Health and Human Services, and the Pinellas Opportunity Council, Inc.
herein called the "Lessee".
This agreement represents the whole and entire agreement between Lessor and
Lessee and the following articles and sections are herein incorporated:
Article I.
Article II.
Article III.
Article IV.
Section
Section
Section
Section
Section
Article V.
Article VI.
Article VII.
Section
Section
Section
Section
Article VIII.
Section
Section
Section.
Article IX.
Article X.
Article XI.
Section
Section
Section
Article XII.
Article XIII.
Article XIV.
Section
Section
Section
Section
Section
ARTICLES
TITLE
TERM
LEASEHOLD
RIGHTS AND RESPONSIBILITIES
1. Use of Premises
2. Maintenance of Premises
3. Repair and Improvements
4. Utilities
5. Quiet Enjoyment
LEASE RENTAL PAYMENTS AND FEES
TAXES
INSURANCE
1. Minimum Scope of Insurance
2. Minimum Limits of Insurance
3. Additional Named Insured
4. Verification of Coverage
CASUALTY DAMAGE TO PREMISES
1. Reparable Damage
2. Catastrophic Damage
3. Waiver of Recovery Rights
LIABILITY AND INDEMNIFICATION
AMERICANS WITH DISABILITIES ACT
NON-DISCRIMINATION
1. No Exclusion From Use
2. No Exclusion From Hire
3. Breach of Nondiscrimination Covenants
DISCLAIMER OF WARRANTIES
ASSIGNMENT OF LEASE
DEFAULT AND TERMINATION
1. Termination By Lessee
2. Termination By Lessor
3. Exercise
4. Removal of Property
5. Causes of Breach and Waiver
Page 1
Article XV.
Section
Section
Section
Article XVI.
Article XVII.
Article XVIII.
Article XIX.
ENVIRONMENTAL MATTERS
1. No Warranties By Lessor
2. Lessor Held Harmless
3. Radon Gas Advisory
LESSOR CONTACT AND CORRESPONDENT
NOTICE
ATTORNEYS FEES
EFFECTIVE DATE
WIT N E SSE T H
WHEREAS, the Lessor has ownership of and control over the use of the
vacant City-owned lot commonly known as 918 Palmetto Street, Clearwater,
Florida 33755; and
WHEREAS, Lessee desires to use such premlses for public purposes;
and
WHEREAS, Lessor desires to lease out such premises;
NOW, THEREFORE, In consideration of
covenants contained In this Agreement,
agree as follows:
the Premises and the mutual
the Lessor and Lessee hereby
ARTICLE I. TITLE
The title of this lease is the HEAD START - PALMETTO lease.
ARTICLE II. TERM
The term of this lease shall be for a period of Five (5) years
commencing on the 1st day of Februarv. 2006 (the Commencement Date) and
continuing through the 31st day of Januarv. 2011 (the Termination
Date), unless earlier terminated under the terms of this agreement.
Lessor extends a first option to Lessee to renew this lease agreement
for additional terms of Five (5) years each as consistent with the
Clearwater City Charter, upon mutually agreeable terms and conditions,
and subject to Lessee not being in default under the terms and
provisions of this lease.
ARTICLE III. LEASEHOLD
The Lessor leases to the Lessee the following described property,
including all improvements thereon, located in Pinellas County,
Florida, to wit:
Lot 5, PENNSYLVANIA SUBDIVISION, according to the map or plat
thereof as recorded in Plat Book 21, Page 80 of the Public
Records of Pinellas County, Florida.
Containing 5,200 Square Feet {0.119 Acres}, more or less.
Page 2
ARTICLE IV. RIGHTS AND RESPONSIBILITIES
Section 1. Use of Premises.
a. Lessee shall use the demised premises for the purpose of providing
playground space, and children's playground equipment to be determined by
Lessee, to be used in association with the Sanderlin Head Start Center
preschool nursery conducted, operated and supervised by Lessee at 920
Palmetto Street, Clearwater, Florida. Lessee agrees that it will maintain
children's playground equipment in proper order and good repair and that
said playground shall be made available without charge to others not
enrolled in the Head Start program; providing only that Lessee may make
reasonable rules and regulations concerning the persons who may use it and
the times and manner in which it shall be used. All playground equipment
shall be considered personal property.of Lessee and subject to removal upon
lease termination.
b. Lessee
offensive use of
Lessee agrees to
at the effective
tear.
covenants and agrees to make no unlawful, improper or
the leased premises. At the termination of this lease,
return the premises to the Lessor in as good condition as
date of this agreement, subject only to normal wear and
Section 2. Maintenance of Premises. The Lessee shall properly maintain
the leasehold in a clean and orderly condition.
Section 3. Repairs and Imorovements.
a. Lessee may make at its sole expense whatever repairs, alterations
and improvements to the premises it deems necessary, providing that the City
Manager of Lessor first agrees in writing to any such actions to repair,
alter or improve the premises.
b. Repairs, alterations or improvements attached to the premises shall
become the property of Lessor upon the termination or expiration of this
lease or any extension hereof unless otherwise indicated by Lessor.
c. In no event shall Lessor or any of Lessor's property be liable for
or chargeable with any expense or lien for work, labor or materials used in
the premises, or any improvements, repairs, or alterations thereof.
Section 4. Utilities. Lessee shall pay all bills for electrical and
utility services, if any, before such bills become delinquent.
Section 5. Ouiet Eniovment. Upon payment the rents herein required,
and upon observing and performing the covenants, terms and conditions
required by the lease, the Lessee shall peaceably and quietly hold and enjoy
the leased premises for the term of the lease without hindrance or
interruption by the Lessor.
Page 3
ARTICLE V. LEASE RENTAL PAYMENTS AND FEES
For the sum of One Dollar ($1.00), which the receipt and sufficiency of
is hereby acknowledged, and in consideration of the promises and covenants
set forth herein, Lessor hereby grants to Lessee and Lessee accepts from
Lessor, this exclusive lease, right and privilege to use the property
described herein.
ARTICLE VI. TAXES
Lessee agrees to pay any real property taxes that may be assessed and
levied on the property or on the leasehold created by this document.
ARTICLE VII. INSURANCE
Lessee shall procure and maintain during the term of this Agreement
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with this lease.
Section 1. Minimum SCODe of Insurance. A Comprehensive General
Liability policy and Fire Insurance policy covering the leased premises and
Lessee activities occurring thereon shall be obtained and maintained in
force by the Lessee.
Section 2. Minimum Limits of Insurance. Comprehensive General
Liabili ty Insurance procured in accordance with this article shall have
minimum coverage limits of $300,000 with respect to personal injury or death
to anyone (1) person and with respect to personal injury or death arising
out of anyone (1) occurrence; and $100,000 with respect to property damage
arising out of anyone (1) occurrence. Further, Lessee shall, from and after
the Commencement Date, keep insured the building(s), if hereafter
constructed upon the premises, against loss or damage by fire and windstorm
and other covered casualties with what is generally termed in the insurance
trade as II extended coverage. II Said insurance shall be maintained in an
amount equal to the full insurable value of the building (s) All such
policies shall be carried in companies licensed to do business in the State
of Florida.
Section 3. Additional Named Insured. Each insurance policy issued as a
requirement of this agreement shall name the City of Clearwater, Lessor, as
additional named insured. The coverage shall contain no special limitations
on the scope of the protection afforded to the Lessor, its officials,
employees or volunteers.
Section 4. Verification of Coveraae. Lessee shall furnish the Lessor
wi th Certificates of Insurance with all endorsements affecting coverage
required by this article. These forms shall be received by the City of
Clearwater Public Works Department, ATTENTION: Real Estate Services Manager,
and approved by the Lessor I s Risk Manager before execution of this Lease
agreement by authorized City officials.
Page 4
ARTICLE VIII. CASUALTY DAMAGE TO PREMISES
Section 1. Reparable Damaae. Any time any building as may hereafter be
erected, or the premises, is damaged or destroyed to the extent that the
Lessee cannot therefore conduct its activities and the Lessor determines
that the demised premises can be restored by making appropriate repairs,
Lessee shall effect such repairs expeditiously and to the satisfaction of
the City's Building Official.
Section 2. Catastrophic Damaae. In the event of total destruction of
or catastrophic damage to the demised premises, the Lessee or Lessor may
terminate this lease as of the date of such damage or upon thirty (30) days
written notice to the other party to this lease.
Section 3. Waiver of Recovery Riahts. Both parties waive any and all
rights of recovery against the other party for any direct or indirect loss
occurring to the demised premises in the event of damage categorized in
Sections 1 and 2 above which is covered by insurance.
ARTICLE IX. LIABILITY AND INDEMNIFICATION
Lessee agrees to assume all risks of the Premises and all liability
therefore, and shall defend, indemnify, and hold harmless the Lessor, its
officers, agents, and employees from and against any and all loss, liability
and damages of whatever nature, to persons and property, including, without
limiting the generality of the foregoing, death of any person and loss of
the use of any property except arising from the negligence or willful
misconduct of Lessor or Lessor's agents or employees. This includes, but is
not limited to, matters arising out of or claimed to have been caused by or
in any manner related to the Premises or Lessee's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person
approved, authorized, or permitted by Lessee in or about the Premises
whether or not based on negligence.
ARTICLE X. AMERICANS WITH DISABILITIES ACT
Lessee hereby affirms its intention to take any and all such actions
that are reasonable and prudent to comply with the Americans With
Disabilities Act of 1990 (known as the "ADA"). These would include
modifications to any structure as may hereafter be erected, revisions In
operations and supporting corrununications capabilities and procedures and
changes in functional location and layout.
ARTICLE XI. NON-DISCRIMINATION
Notwithstanding any other provision of this lease agreement, during the
performance of this agreement, Lessee for itself, personal representatives,
successors in interest and assigns, as part of the consideration for this
agreement, does covenant and agree that:
Page 5
Section 1. No Exclusion From Use. No person shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to
discrimination in the use of the premises on the grounds of race, color,
religion, sex, handicap, age, or national origin.
Section 2. No Exclusion From Hire. In the construction of any
improvements on, over, or under the premises, and the furnishing of services
therein or thereon, no person shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination on the
grounds of, or otherwise be subjected to discrimination on the grounds of
race, color, religion, sex or national origin.
SectiOon 3. Breach of Nondiscrimination Covenants. In the event of
breach of any of the above nondiscrimination covenants, which breach has
been finally adjudicated by an appropriate agency or court of law, the
Lessor shall have the right to terminate this lease and to re-enter and
repossess the premises and hold the same as if said agreement had never been
made or issued.
ARTICLE XII. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the
subj ect hereof and may not be changed, modified or discharged except by
wri tten Amendment duly executed by both parties. Lessee agrees that no
representations or warranties shall be binding upon the Lessor unless
expressed in writing herein or in a duly executed Amendment hereof.
Further, Lessor does not warrant and hereby disclaims any and all liability
and responsibility for or on account of the condition of the Premises, or
any portions thereof, or for or on account of anything affecting such
conditions.
ARTICLE XIII. ASSIGNMENT OF LEASE
This Lease, or any part thereof or interest therein, may not be
assigned, transferred or subleased by Lessee without the consent of the
Lessor, which consent shall not unreasonably be withheld. It is understood
and agreed that the Lessor may, at any time, with notice, assign or delegate
any or all of its rights hereunder.
ARTICLE XIV. DEFAULT AND TERMINATION
Section 1. Ter.mination bv Lessee.
termination by Lessee in the event of
events:
This Agreement shall be subject to
anyone or more of the following
a. Material default by the Lessor in the performance of any of the
terms, covenants or conditions of this agreement, and in the failure of the
Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such
defaul t for a period of thirty (30) days after receipt of notice from
Lessee to remedy the same.
Page 6
b. Lessee determines that the premises, if hereafter improved, are so
extensively damaged by some casualty that it is impractical or inequitable
to repair such leased premises.
c. The U. S. Department of Health and Human Services significantly
reduces program funding to a point where Lessee is unable to continue to
deliver the preschool program and family development services now offered at
the Sanderlin Head Start Center.
Section 2. Ter.mination bv Lessor. This Agreement shall be subject to
termination by the Lessor in the event of anyone or more of the following
events:
a. The material default by Lessee in the performance of any of the
terms, covenants or conditions of this Lease Agreement, other than
nonpayment, and in the failure of the Lessee to remedy, or undertake to
remedy, to Lessor's satisfaction such default for a period of thirty (30)
days after receipt of notice from Lessor to remedy same.
b. The Lessor determines at a duly constituted City Council meeting
that the lease premises ~re needed for any other purposes consistent with
the City's charter, and serves Lessee with sixty (60) days notice of such
intended use.
c. Lessor determines that any improvements that may hereafter be
erected upon the lease premises are so extensively damaged by some casualty
that it is impractical or inequitable to repair such leased premises.
d. Lessee's vacating or abandoning the premises.
Section 3. Exercise. Exercise of the rights of termination set forth
in Sections 1 and 2 above shall be by notice to the other party.
Forbearance of timely notice shall not be deemed a waiver of any breach.
Section 4. Removal of Property. Upon termination of this agreement for
any reason, Lessee, at its sole expense, shall remove from the Premises all
signs, trade fixtures, furnishings, personal property, equipment and
materials which Lessee was permitted to install or maintain under the rights
granted herein. Lessor may effect such removal at Lessee's expense should
Lessee fail to remove said installed property within thirty (30) days
notice. Lessee agrees to pay Lessor promptly in the event of such
circumstance upon presentation of a proper invoice.
Section 5. Causes of Breach and Waiver.
a. Neither party shall be held to be in breach of this Agreement
because of any failure to perform any of its obligations hereunder if said
failure is due to any cause for which it is not responsible and over which
it has no control; provided, however, that the foregoing provision shall not
apply to a failure of Lessee to provide the amounts of insurance contained
in Article VII of this Agreement.
Page 7
b. The waiver of any breach, violation or default in or with respect to
the performance or observance of the covenants and conditions contained
herein shall not be taken to constitute a waiver of any subsequent breach,
violation or default in or with respect to the same or any other covenant or
condition hereof.
ARTICLE XV. ENVIRONMENTAL MATTERS
Section 1. No Warranties Bv Lessor. Lessor has made no investigation
of environmental matters with respect to the Subject Property and makes no
representations or warranties to buyer as to environmental matters with
reference to the Subject Property.
Section 2. Lessor Held Harmless. Lessee agrees to indemnify, defend
and hold Lessor, its officials, employees and agents harmless from any
claims, judgments, damages, fines, penalties, costs, liabilities (including
sums paid in settlement of claims) or loss, including attorneys I fees,
consultants' fees, and experts' fees which arise during or after the term or
any renewal term in connection with the presence or suspected presence of
toxic or hazardous substances on or wi thin the property improvements, the
soil, groundwater, or soil vapor on or under the Premises, unless such toxic
or hazardous substances are present solely as a result of the negligence or
willful misconduct of Lessor, its officials, employees or agents. Without
limi ting the generality of the foregoing, this indemnification shall also
specifically cover costs in connection with:
a. toxic or hazardous substances present or suspected to be present on
or within the property improvements, the soil, groundwater or soil vapor on
or under the Premises before the date hereof; or
b. toxic or hazardous substances that migrate, flow, percolate, diffuse
or in any way move into, onto or under the Premises after the date hereof;
or
c. toxic or hazardous substances present within, on or under the
Premises as a result of any discharge, dumping, spilling (accidental or
otherwise) onto the Premises during or after the term or any renewal term by
any person or entity.
Section 3. Radon Gas Advisorv. As required by Section 404.056 (8) ,
Florida Statutes, the Lessee shall take note of the following:
RADON GAS: Radon is a naturally occurring radioactive gas that,
when it has accumulated in a building in sufficient quantities,
may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines
have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county
public health unit.
Page 8
ARTICLE XVI. LESSOR CONTACT AND CORRESPONDENT
All correspondence, excepting Official Notice as provided in Article
XVII, including but not limited to rent payments, insurance renewal
certificates, any and all proposed amendments or modifications of this lease
shall be directed by Lessee, its agents, contractors or assigns to:
Real Estate Services Manager
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
ARTICLE XVII. OFFICIAL NOTICE
Any Official Notice given by one party to the other in connection with
the Lease shall be sent by certified mail, return receipt requested, with
postage and fees prepaid:
1. If to the Lessor, addressed to: City Manager
City of Clearwater
P. O. Box 4748
Clearwater, Florida 34618-4748
with copy to: City Attorney
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-4748
2. If to the Lessee, addressed to: Head Start Child Development
and Family Services, Inc.
6698 68th Avenue North
Pinellas Park, Florida 33781
ARTICLE XVIII. ATTORNEYS FEES
In the event that either party seeks to enforce this agreement or to
interpret any provision of this agreement, by law or through attorneys-at-
law, or under advice therefrom, the parties agree that each party shall bear
its own costs, including attorneys fees.
ARTICLE XIX. EFFECTIVE DATE
The effective date of this lease shall be the 1st day of February, 2006.
Page 9
IN WITNESS WHEREOF I
this day of
the.parties hereto have set their hands and seals
200
Signed, sealed & delivered
in the presence of:
~~~~
Witness signature
Print name;:? ~~~~~
@1:if J~;,/3e;~ kdc:/
Print name faf:::; V 11. ?~chC'c/(, ~
I
LESSEE:
HEAD START CHILD DEVELOPMENT
AND FAMILY SERVI , INC.
Countersigned:
LESSOR:
CITY OF CLEARWATER
Frank V. Hibbard
Mayor
By:
William B. Horne, II
City Manager
Approved as to form:
Laura~
Assistdnt City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Page 10'
~~
u~
City Council
Cover Memorandum
Tracking Number: 1,728
Actual Date: 12/15/2005
Subiect / Recommendation:
Accept a Sovereign Submerged Lands Easement from the Florida Department of Environmental
Protection, for the Stevenson Creek Water Main Replacement project (04-0037-UT) and the
appropriate officials be authorized to execute same.
Summary:
The purpose of this Sovereign Submerged Lands Easement is to accommodate installation of a
16-inch diameter water transmission main across Stevenson Creek from the Pumping Station 1
site on Sunset Point Road south to the City lawn bowling facility on Calumet Street, adjacent to
Ft. Harrison Avenue. A High Density Polyethylene (HOPE) segment of the water transmission
pipeline will be installed by the horizontal directional drilling method, deep beneath the creek
bed to minimize environmental disturbance. This is being done in cooperation with the pending
Army Corp of Engineers (ACOE) dredging phase of the Stevenson Creek Estuary Restoration
project.
The associated construction project has been bid and contract awarded by Council to A & L
Underground on July 7, 2005.
There is no cost associated with this agenda item.
A copy of the easement is available for review in the Office of Official Records and Legislative
Services.
Originating: Engineering
Section Consent Agenda
Category: Other
Number of Hard Copies attached: 1
Public Hearinq: No
Financial Information:
~ Other
Current Year Cost:
$0.00
Total Cost:
$0.00
Review Approval
Glen Bahnick
11-15-2005
10:12:51
Garrv Brumback
12-05-2005
11:10:59
E~\- "S
\\.~
~~
u~
Michael Guillen
Bill Horne
Cyndie Goudeau
City Council
"U~g"~nda ~,!;!ye!:,Mel!!ffi!;!'~!'!:!'~$~"~""'w",__"
11-22-2005 15:39:49
12-05-2005 11 :57:54
12-05-2005 14:50:59
Location Map
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s
City of Clearwater
Public Works Administration I Engineering
50' Submerged lands Pre-Construction
Easement
Reviewed By: R.F. Scale: N.T.S
S-T-R 03-29s-15e Date: 11/14/05
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Drawn By:
S.K.
260A
Grid #
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This Instrument Prepared By:
Joe Duncan
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS EASEMENT
NO. 40639
BOT FILE NO. 520231133
P A NO. 44028402.002
THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida, hereinafter referred to as the Grantor.
WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated
herein, the Grantor does hereby grant to the City of Clearwater, Florida, hereinafter referred to as the Grantee, a nonexclusive
easement on, under and across the sovereign lands, if any, contained in the following legal description:
A parcel of submerged land in Section~,
Township 29 South, Range 15 East, in Steven Creek,
Pinellas County, as is more particularly described
and shown on Attachment A. dated April 14. 2005.
TO HAVE THE USE OF the hereinabove described premises from September 21. 2005, the effective date of this
easement. The terms and conditions of and for which this easement is granted are as follows:
1. USE OF PROPERTY: The above described parcel ofland shall be used solely for the directional drillin!! of a
water main for the Citv of Clearwater and Grantee shall not engage in any activity except as described in the Southwest Florida
Water Management District, Consolidated Environmental Resource Permit No. 44028402.002, dated September 21. 2005,
incorporated herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of
this Easement.
2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules
provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by
such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from
the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to
accrue on the date that the amended rules become effective.
3. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title
to the lands described herein nor guarantees the suitability of any of the lands for any particular use.
4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States
and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement.
5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIV ATE RIGHTS:
Grantee shall not damage the easement lands or unduly interfere with public or private rights therein.
[45 ]
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is
nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in
management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of
the property to third parties during the term of this easement.
7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works
and operations of the Grantee in any matter pertaining to this easement.
8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
9. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such
litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida.
10. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior
written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any
assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect.
I I. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide
by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee,
its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set
forth or in the event the Grantee violates any of the provisions and conditions herein. this easement may be terminated by the
Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the
Grantor. All costs, including attorneys' fees. incurred by the Grantor to enforce the provisions of this easement shall be paid
by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be
sufficient if sent by U.S. Mail to the following address:
City of Clearwater
100 South Myrtle Avenue, Suite 220
Clearwater, FL 33756
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the
change is effective.
12. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder.
13. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures
and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited
structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in
Item II or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to
all other remedies available to Grantor under applicable laws. rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
15. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement
in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after
receipt. and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its
entirety which contains the O.R. Book and pages at which the easement is recorded.
Page ...L of..2- Pages
Easement No. 40639
16. AMENDMENT/MODlFICATIONS: This easement is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted,
acknowledged and executed by the Grantee and Grantor.
17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit ifit is required by the COE. Any modifications to the
construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior
written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged
lands.
18. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional
structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major
repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written
consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor,
such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject
the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be
undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as
is practicable; provided, however. that such emergency activities shall not exceed the activities authorized by this easement.
19. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have
satisfactory evidence of sufficient upland interest as defined in Rule 18-21.003, Florida Administrative Code, to the extent
required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this
easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty,
submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this
easement shall revert to and vest in the Grantor immediately and automatically.
Page -..L of ..2.. Pages
Easement No. 40639
WITNESSES:
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature
(SEAL)
PrintfType Name of Witness
BY:
Dale Adams, Operations and Management Consultant
Manager, Bureau of Public Land Administration,
Division of State Lands, Department of Environmental
Protection, as agent for and on behalf of the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida
Original Signature
PrintfType Name of Witness
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this ~ day of , 20_, by
Dale Adams. Operations and Management Consultant Manager. Bureau of Public Land Administration. Division of State Lands.
Department of Environmental Protection. as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida. He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
Notary Public, State of Florida
DEP Attorney
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
~ COUNTERSIGNED:
City of Clearwater. Florida
(SEAL)
Original Signature
BY:
Original Signature of Executing Authority
FrRrik V. Hibbard, Mayor
TypedlPrinted Name ~
ATTESTED BY:
RImlIlrJdibt:!ilJd< Wi 11;"m R. Horne TI
TypedlPrinted Name of Executing Authority
Original Signature
~~x City Manager
Title of Executing Authority
APPROVED AS TO FORM BY:
Cynthia E. Goudeau. City Clerk
TypedlPrinted Name il!ll!'lnIiti
Laura Lipowski "GRANTEE"
Asst.City Attorney
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20_, by
Frank Hibbard as Mayor, for and on behalf of the Citv of Clearwater. Florida. He is personally known to me or who has
produced , as identification.
My Commission Expires:
Notary Public, State of
Commission/Serial No.
Printed, Typed or Stamped Name
Page ...i... of ~ Pages
Easement No. 40639
CONTAINING 21,478.21 SQUARE FEET OR 0.493 ACRES OF LAND, MORE OR LESS.
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~lVH<lM&CREED
1365 Hamlet Avenue
Clearwater, Florida, 33756 r
Phone: (727)442-7196, Fox: (727)461-3827
Certificate of Authorization No. LB6566
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LOCATION SKETCH/VICINITY MAP
NOT A SURVEY
SEE SHEET 4 OF 4 FOR LEGEND
AND GENERAL NOTES
RE\IISlONS
Attachment A
Page 5 of 9 Pages
Easement No. 406391
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SKETCH OF DESCRIPTION
SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST
LEGAL DESCRIPTION
A PARCEL OF LAND LYING WITHIN THE WATERS OF STEVENSON'S CREEK ALSO L YlNGAND BEING IN THE
SOUTHWEST 1/4 SECTIDN 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 3, TOWNSHIP 29 SOUTH. RANGE 15 EAST, PINELLAS
COUNTY, FLORIDA, AND RUN THENCE ALONG THE SOUTHERLY BOUNDARY THEREOF, SOUTH 89'29'02" EAST, A
DISTANCE OF 327.61 FEET; THENCE DEPARTING SAID SOUTHERLY BOUNDARY, NORTH 00'30'58" EAST, A
DISTANCE OF 2288.32 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY BOUNDARY OF A PARCEL OF
SUBMERGED LAND IN STEVENSON'S CREEK DEEDED TO THE CITY OF CLEARWATER, FLORIDA BY THE TRUSTEES OF
THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, AS RECORDED IN TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NUMBER 20608, SAID POINT OF INTERSECtiON ALSO BEING
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORTH 28'36'38~' EAST, A DISTANCE OF
356.45 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF THOSE CERTAIN APPURTENANT
SUBMERGED LANDS BEING A PORTION OF LOT 1 OF JEROME B. TENNEY'S SUBDIVISION, ACCORDING TO A MAP OR
PLAT THEREOF, AS RECORDED IN DEED BOOK "s" - PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY
FLORIDA, SAID APPURTENANT SUBMERGED LANDS BEING DESCRIBED IN OFFICIAL RECORDS BOOK 14054, PAGE
887 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND IDENTIFIED BY THE. PINELLAS COUNTY
PROPERTY APPRAISER AS PARCEL NO. 03/29/15/91044/000/0010; THENCE CONTINUE NORTH 28'36'38" EAST,
A DISTANCE OF 72.26 FEET TO A POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF STEVENSON'S
CREEK; THENCE ALONG SAID MEAN HIGH WATER LINE OF STEVENSON'S CREEK THE FOLLOWING SEVEN (7)
DESCRIBED COURSES: (1) THENCE NORTH 77"35'33" EAST, A DISTANCE OF 5.33 FEET: (2) THENCE NORTH
8617'26" EAST, A DISTANCE OF 9.43 FEET; (3) THENCE SOUTH 77"50'16" EAST, A DISTANCE OF 4.80 FEET; (4)
THENCE SOUTH 89'28'44" EAST, A DISTANCE OF 16.32 FEET: (5) THENCE SOUTH 87"06'27" EAST, A DISTANCE
OF 8.63 FEET; (6) THENCE SOUTH 83'38'13" EAST, A DISTANCE OF 12.04 FEET; THENCE (7) THENCE NORTH
81'15'40" EAST; A DISTANCE OF 0.10 FEET: THENCE DEPARTING THE AFORESAID MEAN HIGH WATER LINE, SOUTH
28'36'38" WEST, A DISTANCE OF 192.22 FEET TO A POINT OF INTERSECTION WITH THE .AFORESAID WESTERLY
BOUNDARY OF THOSE CERTAIN APPURTENANT SUBMERGED LANDS BEING A PORTION OF LOT 1 OF JEROME B.
TENNEY'S SUBDIVISION; THENCE CONTINUE SOUTH 28'36'38" WEST, A DISTANCE OF 235.68 FEET TO A POINT OF
INTERSECTION WITH THE AFORESAID NORTHERLY BOUNDARY OF A PARCEL OF SUBMERGED LAND IN STEVENSON'S
CREEK DEEDED TO THE CITY OF CLEARWATER, FLORIDA BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUNO
OF THE STATE OF FLORIDA; THENCE ALONG SAID NORTHERLY BOUNDARY, NORTH 89'33'04" WEST, A DISTANCE
OF 56.71 FEET TO THE POINT OF BEGINNING.
CONTAINING 21,478.21 SQUARE FEET OR 0.493 ACRES OF LAND, MORE OR LESS.
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Attachment A
Page 6 of 9 Pages
Easement No. 40639
LOCATION SKETCH/VICINITY MAP
REVISIONS
OF 4
. .
.~&CREED
1365 Hamlet Avenue
Clearwater, florida. 33756 i
Phone: (727)442-7196, Fax: (727)461-3827
Certificate of Authorizotlon No. LB6566
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NOT A SURVEY
SEE SHEET 4 OF 4 FOR LEGEND
AND GENERAL NOTES
SKETCH OF DESCRIPTION
SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST
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A PARCEL OF SUBMERGED LAND IN STEVENSON'S)
CREEK DEEDED TO THE CITY OF CLEARWATER,
FLORIDA BY THE TRUSTEES OF THE INTERNAL
f IMPROVEMENT FUND OF THE STATE OF FLORIDA,
AS RECORDED IN TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE STATE OF FLORIDA
DEED NUMBER 20608
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Attachment A
Page 7 of 9 Pages
Easement No. 40639
327.61'
\ -/ S 89'29'02" E --
LSOUTHERLY BOUNDARY OF SECTION 3-29-15
POINT OF COMMENCEMENT
S.W. CORNER OF SECTION 3-29-15
,..
.$rvH<IM&CREED
1365 Hamlet Avenue
Clearwater, Flarlda, 33756 ~
Phane: (727)442-7196, Fax: (727)461-3827
Certificate of Authorization No. LB6566
,'W"', ",. ,,~, 11.~.m.....,..d.~ .
NOT A SURVEY
SEE SHEET 4 OF 4 FOR LEGEND
AND GENERAL NOTES
RE\I~ONS
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ORAIItl
CHECKED
. ,"IT" Of<
SKETCH OF DESCRIPTION
SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST
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LINE DATA
BEARING
N 77'35'33" E
N86'17'26" E
S 77'50'16" E
S 89"28'44" E
S 87'06'27" E
S 83'38'13" E
N 81'15'40" E
DISTANCE
5.33'
9.43'
4.80'
16.32'
8.63'
12.04'
0.10'
Attachment A
Page 8 of 9 Pages
Easement No. 40639
RE\4S1ONS
SHEET 3 OF 4
..
$lVH<IM&CREED
1365 Hamlet Avenue
Clearwater, F1arlda, 33756 I
Phone: (727)442-7196. Fax: (727)461-3827
Certificate of Authorization No. L86566
'.'.m.' s,. hit,,; ;w...m"'m""""~ :
NOT A SURVEY
SEE SHEET 4 OF 4 FOR LEGEND
AND GENERAL NOTES
SKETCH OF DESCRIPTION
SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST
GENERAL N01ES:
THIS DRAWING REPRESENTS A SKETCH OF DESCRIPTION AND IS NOT A BOUNDARY SURVEY.
THIS SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN
OBTAINING SCALED INFORMATION.
THE LEGAL DESCRIPTION INCLUDED WITH THIS SKETCH WAS PREPARED BY THE UNDERSIGNED SURVEYOR
AND MAPPER.
ALL BEARINGS SHOWN HEREIN ARE REFERENCED TO GRID NORTH AS ESTABLISHED BY GPS
OBSERVATIONS. LOCAL REFERENCE BEARING FOR THIS SKETCH IS THE SOUTHERLY BOUNDARY OF
SECTION 3 - TOWNSHIP 29 SOUTH - RANGE 15 EAST WHICH HAS A GRID BEARING OF SOUTH
89"29'02" EAST.
THIS SKETCH CONSISTS OF FOUR (4) SHEETS AND EACH SHEET IS INCOMPLE1E WITHOUT THE OTHERS.
PROPERTY CORNER MONUMENTATlON WAS NOT SET IN ASSOCIATION WITH THE PREPARATION OF THIS
SKETCH.
ALL COORDINA1ES SHOWN HEREIN ARE REFERENCED TO THE FLORIDA STA1E PLANE COORDINATE
SYSTEM, NORTH AMERICAN DATUM OF 1983-1990 ADJUSTMENT (NAD. 83/90) FOR THE WEST ZONE
OF STATE OF FLORIDA, TRANSVERSE MERCATOR PROJECTION.
ORIGINATING COORDINATES:
SIA1IOO
llilliIl:!lllil
EASIlllil
AURAL "F"
1.327,898.9846
399,245.4810
HIGHLAND 'B"
1,332.593.3847
401,945.3247
ALL COORDINA1ES SHOWN HEREIN ARE GIVEN IN FEET AND HAVE BEEN ESTABLISHED TO A MINIMUM OF
THIRD ORDER ACCURACY.
l..EW1O
O.R. OFFICIAL RECORDS
N = NORTHING COORDINATE VALUE
E = EASTING COORDINA1E VALUE
~
WILLIAM R. DEES
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA CERTIFICATE NO. 5493
UNLESS THIS SKETCH BEARS THE ORIGINAL SIGNATURE AND EMBOSSED RAISED SEAL OF THE FLORIDA
LICENSED SURVEYOR AND MAPPER STATED ABOVE, THIS SKETCH IS FOR INFO~MATlONAL PURPOSES
ONLY AND IS NOT VALID.
Attachment A
Page 9 of 9 Pages
Easement No. 40639
RE'IISlONS
-
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DRAWN B.F.D.
CHECKED W.D.
SHEET 4 OF 4
,.. .
$~&CREED
1365 Hamlet Avenue
Clearwater, florida, 33756 ~
Phone: (727)442-7196, Fax: (727)461-3827
Certificate of Authorization No. LB6566
'",.m~ ".. hU" / fo~.m'"",=..~
NOT A SURVEY
SEE SHEET 4 OF 4 FOR LEGEND
AND GENERAL NOTES
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City Council
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Tracking Number: 1,765
Actual Date: 12/15/2005
Subject / Recommendation:
Award a contract for the Traffic Operations Storage Building (05-0010-EN) to Grosz & Stamper
Construction, Inc. of Tampa, Florida for the sum of $305,632.80 which is the lowest responsible
bid received in accordance with the plans and specifications and authorize the appropriate
officials to execute same. -
Summary:
Traffic Operations is currently storing signal cabinets, barricades, conduit, construction
components and materials at various outside locations throughout the Public Services Complex.
These materials are better suited to inside storage.
Also, materials and vehicles are being stored in warehouses not affiliated to Traffic Operations,
reducing the storage capacity of other City Departments.
The existing facility is beyond capacity with increased inventory of generators, sign and signal
inventory dedicated to hurricane related activities and accelerated traffic signal construction
projects.
The new storage building will allow for greater efficiencies in obtaining and dispersing parts,
supplies and equipment.
This project will start as soon as possible after award and execution of the contract and is
scheduled to be completed within 120 days.
The Engineer's estimate of probable construction cost for this project was $312,244.35.
A first quarter amendment will transfer $79,776.98 of budget and Local Option Gas Tax
(381618) revenue from Capital Improvement Program (CIP)project 0315-92262, SR 60 Corridor
to CIP project 0315-92836, Sign Shop Expansion, to provide funding for this contract. Sufficient
funds remain in the SR 60 Corridor project to cover any contingencies which may arise from the
installation of the Intelligent Transportation Systems (ITS).
A copy of the contract is available for review in the Official Records and Legislative Services
office.
Originating: Engineering
Section Consent Agenda
Category: Construction Contracts - Public Works Originating
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? Yes
~I~
u~ ===~~"',. Ag@~!!.~,!"Cover ~~_I!!=~,,~=!.nd u m_...",.,
City Council
Bid Numbers: 05-0010-EN
In Current Year Budget?
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
See Summary
ApproDriation CodeCs)
0315-92836
Amount
$305,632.80
Comments
Review Approval
Glen Bahnick
Georqe McKibben
12-01-2005 14:35:00
11-29-2005 07:52:32
12-05-2005 11:10:19
12-01-2005 16: 14:50
11-29-2005 10: 14:37
12-05-2005 11:48:45
11-28-2005 15:44:24
12-05-2005 14:52:00
Tina Wilson
Garry Brumback
MichaelOuillen
Brvan Ruff
Bill Horne
Cyndie Goudeau
Location Map: Traffic Operations Storage Building
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City of Clearwater
Public Works Administration I En
Public Services Complex
1650 N. Arcturas Ave.
Traffic 0 erations Stora e Sui/din
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Drawn By: S.K.
Grid # 271A
Reviewed By: G.B. Scale: N.T.S.
5 - T - R 12-29s-15e Date: 11/17/05
City Council
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Trackinq Number: 1,757
Actual Date: 12/15/2005
Subject / Recommendation:
Approve a five-year lease agreement, with three five-year renewal options, to Metro PCS,
allowing Metro PCS to install six cellular telephone antennas on the city's north elevated water
tower located at 1580 Weston Drive, for an initial year fee of $30,000 and authorize the
appropriate officials to execute same. -
Summary:
Metro PCS, Inc., a regional wireless cellular telephone provider, has requested to enter into an
agreement to lease space on the city's north-elevated water tower located at 1580 Weston
Drive, to install six cellular telephone antennas.
The initial lease period is five years, beginning December 15, 2005 to December 15, 2010, with
an option of three five-year renewal periods.
Metro PCS will pay the city an annual rental fee in the amount of $30,000 for the first year. On
each successive annual anniversary date, the rental fee will be adjusted by an amount equal to
the U.S. Consumer Price Index (CPI), but in no event shall the adjustment be greater than 4%
per year.
There are no city costs associated with this item. Funds received will be deposited in the
Water/Sewer Fund.
The agreement contains a standard clause that will allow the City to terminate the agreement
without cause with one year's written notice.
The City currently also leases space on the North Elevated Water Tower to the Nextel
Corporation to provide wireless cellular telephone service to its customers in the area.
A copy of the agreement is available for review in the Official Records and Legislative Services
office.
Originating: Public Utilities
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
financial Information:
Review Approval
Andv Neff
11-18-2005
16:08:24
Cvndie Goudeau
12-07-2005
12:09:46
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Leslie Douaall-Sides
Garrv Brumback
Tina Wilson
Bill Horne
City Council
Cover Memorandum
11-22-2005 16:17:00
12-06-2005 09:49:10
12-06-2005 08:22:33
12-06-2005 14:48:43
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Market:
Site Name:
Site Number:
Central Florida
City of Clearwater - North
T AM206A
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made and entered into this _ day of ,20_, by and between the
CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, 112 South Osceola Ave, Clearwater, Florida 33756
(herein, "City" or "Licensor") and Metro PCS California/Florida, Inc., a Delaware corporation, d/b/a MetroPCS with an office at 511
South US Hwy 301, Tampa, Florida 33619 (herein, "MetroPCS" or "Licensee").
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree
as follows:
1. Premises: The City is the owner of a parcel of land (the "Land") and a water tower (the "Tower") located in the
City of Clearwater, County of Pinellas, State of Florida, more commonly known as 1780 Weston Drive, Clearwater, Florida 33755
(the Tower and Land are collectively, the "Licensed Premises"). The City hereby grants to MetroPCS and MetroPCS hereby accepts
from the City a nonexclusive license to utilize portions of the City-owned premises and facilities as more particularly described and
depicted in EXHIBITS "A", "B" AND "C" attached hereto and by reference made a part hereof. It is expressly understood that all
rights granted to Licensee under this License Agreement are irrevocable until this License Agreement expires or sooner terminates as
herein provided. Measured at 120 feet W above ground level, MetroPCS shall have reserved to its use the space upon the catwalk
handrail of the City's North Water Tank for the purpose of mounting antennae arrays as specified in paragraph 2 below and depicted
in EXHIBIT "A", together with a rectangular parcel ofland having dimensions not to exceed 224 square feet for placement of a 12'
X 14' (168 square foot) concrete pad in the Licensed Premises for installation of it's communications equipment, and underground
wherefrom, the "most direct route" cabling connection upon the nearest water tank support leg to installed antennas (EXHIBIT "B").
The exterior of all of MetroPCS's antennas, coax, shelters and cabinets shall be painted to match the color of the Tower as it may
exist from time to time. The land area designated for occupation by the Licensee's communications equipment, electrical current
meter, lighting, telephone (if required) and reasonable direct access to all such facilities by the Licensee's vehicle, personnel, agents,
contractors, vendors and invitees are referenced herein as the "License Premises" (EXHIBIT "C"). Final site specific engineering
plans and load factor calculations regarding the respective site are to be provided to the City Engineering Department by MetroPCS
at MetroPCS's expense and are subject to final approval by the Water Superintendent and/or other authorized City officials prior to
commencement of any construction or installation of any communications and related equipment by MetroPCS employees, agents,
vendors or contractors within or upon the License Premises.
2. Non-Exclusive License: Nothing contained herein shall prohibit the City from utilizing for its own purposes, or
licensing to the use of any other entity, any portion of the water tank or its related facilities for additional communications or other
uses so long as such communications or other equipment in no way interferes with MetroPCS's utilization of its communications
equipment as authorized herein.
3. Communications Equioment: In this License Agreement, all MetroPCS equipment shelters, communications
instruments, panels, generators, cables, wires, antennae and essentially related accessories are referred to collectively herein as
"Communications Equipment" or "Communications Centers". The City hereby grants permission to MetroPCS to install and operate
the following described MetroPCS Communications Equipment upon and within the Licensed Premises:
(a) Three arrays of two antennas each (EMS RR33-20-XXDPU), or equivalent, to be installed upon the
City's North Water Tank located at Latitude 27059'09" North, Longitude 82046'40" West. The centerline of mounting each
antennae array upon the tank catwalk railing shall be at 120:t feet above ground level (A.G.L.) at TBD azimuth. Confirmation of
actual elevation to be made jointly by MetroPCS and City prior to presentation of this License Agreement to the Clearwater City
Commission for its approval. MetroPCS is hereby authorized to install a fourth array of three such antennas at a later date which
shall be solely determined by MetroPCS shall first notify the City prior to commencement of such installation, such installation shall
have no detrimental effect upon the water tank structure, and all three antennae shall be installed at the same time. The annual rent to
be paid for each additional antenna to be installed shall be calculated by dividing the total annual rent then currently being paid prior
to such installation by the number of previously installed antennae, then multiplying the resulting annual rent amount being paid per
antenna by the total number of additional antennae to be installed. The rent payment for the additional antennas to be installed shall
commence upon the first day of the month in which installation is scheduled, prorated through the end of the then current license
year, and paid to the City within fifteen (15) days following said date. MetroPCS shall supply to the City the exact locations of all
antennas in the form of as-built drawings within fifteen (15) business days following installation. No alterations shall be made
thereafter without prior written approval by the City and acceptance thereof by MetroPCS.
(b) Radio communications equipment consisting of transmitters, receivers and accessories to be installed in
equipment building(s) or cabinets(s) by MetroPCS shall be located in accordance with approved final site plans. The ground space
shall be 14' X 16', more or less, within the North Water Tank's fenced enclosure as more particularly described in EXHIBIT"B".
4. Term: The primary term of this License Agreement shall be for five (5) years commencing on the date MetroPCS
begins installation of the Communications Equipment or one hundred eighty (180) days following the full execution of the License
Agreement, whichever occurs first (the "Commencement Date"), subject to extensions as set forth in paragraph 9 below. MetroPCS
shall
Market:
Site Name:
Site Number:
Central Florida
City of Clearwater - North
TAM206A
provide the Water Superintendent, City of Clearwater, with at least ten (10) days written notice of the Commencement Date to the
Real Estate Service manager, Engineering Department, City of Clearwater, 100 South Myrtle Avenue, Clearwater, Florida 33756 not
later than ten (10) business days after the said Commencement Date.
5. Rent: MetroPCS shall pay the City the initial year annual sum of thirty thousand dollars and no cents
($30,000.00) ("Rent"), payable on the first day of the month following the Commencement Date of this License Agreement ("Rent
Commencement Date") and upon each anniversary of the Rental Commencement Date thereafter. If MetroPCS begins installation of
the Communications Equipment on any day other than the first day of the month, the annual Rent shall be prorated at the rate of
eighty three dollars thirty-three cents ($83.33) per day from the Commencement Date to the Rental Commencement Date and
included with the first annual Rent payment. The Rent as stipulated herein is for the initial installation and operation of three arrays
of two antennae each, to be constructed and located upon the City's water tank as described in Paragraph 1 of this License
Agreement. The annual rental during the primary term and any renewal term(s) will be adjusted upon each anniversary of the
Commencement Date to an amount equal to the then current annual Rent increased or decreased by an amount equal to the
cumulative annual percentage increase or decrease, if any, in the Consumer Price Index ("CPI") for "all items" published by the
Bureau of Labor Statistics of the United States Department of Labor 120 days prior to the anniversary during the primary term and
any extensions thereof, provided however, that in no event shall the annual rental be increased by more than four percent (4%) of the
Rent paid for the previous year. In the event of an early termination of this License Agreement pursuant to paragraph 13 below, the
City shall retum to MetroPCS any and all prepaid Rent which would have applied to the time period after the date of termination,
providing, however, that MetroPCS is not in default under any other provisions of the License Agreement.
6. Use: MetroPCS shall use the Licensed Premises for the purpose of constructing and operating a Communications
Center as provided herein. MetroPCS shall abide by all local, state and federal laws and obtain all permits and licenses necessary to
operate its system. MetroPCS shall use the Licensed Premises for no other purposes without the prior written consent of the City.
7. Access: MetroPCS shall have reasonable ingress and egress to the Licensed Premises via the existing padlocked
chain link entry gate on a 24-hour per day, 7 day peer week basis. MetroPCS shall have the privilege of installing its own padlock in
addition to the City padlock access to its Communications Equipment. Provided, however, that only authorized engineers or
employees of MetroPCS, or persons under MetroPCS's direct supervision, shall be permitted to enter the Licensed Premises, and
their entry shall be for the purpose of installing, removing, maintaining or repairing its Communications Equipment and for no other
purpose. MetroPCS shall notify the City by telephone, facsimile transmission, mailing or direct personal contact twenty-four (24)
hours in advance of its need to install, remove or repair its Communications Equipment located within and upon the Licensed
Premises, except in the case of an emergency, in which even notification shall be given as soon as reasonably possible. All
notification shall be made to and coordinated with the Water Division of the Public Services Department of the City.
8. Utilities at MetroPCS Expense: MetroPCS shall be solely responsible for and promptly pay all charges for
electricity, telephone, and any other utility used or consumed by MetroPCS upon and within the Licensed Premises. The City shall
advise MetroPCS and fully cooperate with any utility company requesting a right of entry over and across the License Premises or
other lands owned by the City in order that such utility company may provide service to MetroPCS within and upon the Licensed
Premises. MetroPCS shall have an electrical current meter installed at the Licensed Premises and have the right to run underground
or overhead utility lines directly from the utility source to MetroPCS Communications Equipment. The cost of such meter and of
installation, maintenance and repair thereof shall be paid by MetroPCS. MetroPCS and the utility company providing services to
MetroPCS shall have access to the North Water Tank fenced enclosure and all areas of the Licensed Premises in accordance with
provisions of Paragraph 7 above.
9. Extensions: This License Agreement will be automatically renewed for three (3) additional terms (each a
"Renewal Term") of five (5) years each, unless MetroPCS provides City notice of intention not to renew not less than ninety (90)
days prior to the expiration of the primary term or any renewal term so long as MetroPCS has abided by the terms and conditions of
the License Agreement and is not currently in default hereunder. The annual rental amount shall continue to automatically adjust as
provided in paragraph 5 throughout the primary term or any extension.
10. Holding Over: IfMetroPCS should remain in possession of the Licensed Premises after expiration of the primary
term of any extension of this License Agreement, without the exercise of an extension option, or the execution by the City and
MetroPCS of a new license, MetroPCS shall be deemed to be occupying the Licensed Premises as a licensee-at-sufferance on a
month-to-month basis, subject to all the covenants and obligation of this License Agreement and at a monthly rental calculated at one
and one-quarter (1.25) times the annual rental scheduled to be paid as provided in paragraph 5 divided by twelve (12). The payment
of such monthly rental amount shall be due and payable by the first day of the month succeeding the expiration of the final month of
the License term previously granted by the City and each month thereafter so long as MetroPCS occupies the Licensed Premises.
Market:
Site Name:
Site Number:
Central Florida
City of Clearwater - North
T AM206A
11. Notices: Any notice shall be in writing and shall be delivered by hand or sent by United States registered or
certified mail, postage prepaid, addressed as follows:
CITY:
City of Manager
City of Clearwater
P.O. Box 4748
METROPCS:
MetroPCS
511 South US Hwy 301
Tampa, FL 33619 Clearwater, FL 34618-4748
Attn: Leasing Zoning Manager
With a copy to:
City Attorney
City of Clearwater
Suite 800
P.O. Box 4748
Clearwater, FL 34618-4748
With a copy to:
MetroPCS Califomia/Florida Inc,
8144 Walnut Hill Lane
Dallas, Texas 75231
Attn: Property Manager
However, where coordination with the Water Division of the Public Services Department of the City is required by this License
Agreement, notice shall be given by telephone, facsimile transmission or by hand delivery at either of the following mailing
addressee or physical addressee and telephone numbers:
Water Superintendent
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Telephone:
24 Hr. Emergency
Fax Number:
(813) 462-6848
(813) 462-6633
(813) 462-6559
Physical Address: I 650-C North Arcturas, Clearwater, FL 33765
Either party may change its address and telephone number(s) to which notice shall be given be delivering notice of such
change as provided above. Notice shall be deemed given when delivered if delivered by hand, or when postmarked if sent properly
by mail.
12. Liabilities and Indemnitv: MetroPCS agrees to indemnify and hold the City harmless from all claims (including
costs and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of
MetroPCS, its assigns, agents, employees, vendors, contractors and all other invitees ofMetroPCS in or about the Licensed Premises
which may occur during the term of this License Agreement or any extensions thereof. MetroPCS agrees to use and occupy the
Licensed Premises at its own risk and hereby releases the City, its agents and employees, from all claims for any damage or injury
caused by MetroPCS, its assigns, agents, employees, vendors, contractors and other invitees of MetroPCS to the full extent permitted
by law. The City agrees to indemnify and save MetroPCS harmless from all claims (including costs and expenses of defending
against such claims) arising or alleged to arise from the negligence or willful misconduct of the City or the City's agents, employees,
vendors, contractors or other licensees or tenants of the City occurring during the term of this License Agreement, or any extensions
thereof, subject to any defense or limitation pursuant to Section 768.28, Florida Statutes.
13. Termination:
(a) Either party shall have the right to terminate this License Agreement at any time as follows:
(i) By either party, if the approval of any agency, board, court or other governmental authority
necessary for the construction or operation of the Communications Equipment cannot be obtained after due diligence or is revoked.
(ii) By either party, in the event of a material breach of any of the provisions of this License
Agreement, subject to Paragraph 14 below.
(iii) By MetroPCS if it determines that the cost of obtaining or retaining the approval of any
agency, board, court or other governmental authority necessary for the construction or operation of the Communications Equipment
is prohibitive, or if MetroPCS determines that the property is not appropriate for its Communications Equipment for technological
reasons, including, but not limited to, signal interference.
Market:
Site Name:
Site Number:
Central Florida
City of Clearwater - North
TAM206A
(iv) By MetroPCS in the event that any govemment or public body shall take all or such part of
the Licensed Premises thereby making it physically or financially infeasible for the Licensed Premises to be used in the manner it
was intended to be used by this License Agreement.
(v) By the City, if the City, in its sole opinion, determines the continued operation of the North
Water Tank is no longer practical or feasible, or that installation or operation of the MetroPCS Communications Equipment thereon
is detrimental to the functional operation of said tank or City's communications equipment, if any, within and upon the respective
Licensed Premises or within and upon the fenced enclosure for said water tank. If the City makes the determination herein described,
it shall deliver one (1) year written notice of termination ("Notice Period") to MetroPCS. Following delivery of notice the parties
shall, in good faith, make every effort to determine if another City-owned facility would be mutually agreeable for relocating
MetroPCS's Communications Equipment. If such a facility is mutually agreed upon within the Notice Period, MetroPCS may
relocate its Communications Equipment to such other facility ("Altemate Premises") at its expense, without adjustment of the then
scheduled annual Rent. The requirements of this paragraph shall be fully met within the Notice Period or, in the altemative,
MetroPCS agrees to remove all of its Communications Equipment prior to its duration, following which this License Agreement shall
be null and void in all respects, except that any default may be cured by the parties as hereafter provided.
(b) Except as provided in Paragraph 13 (a) (v) above, the party terminating this License Agreement shall
given written notice of termination to the other party not less than thirty (30) days in advance of the effective date of termination.
Upon termination, neither party will owe any further obligation under the terms of this License Agreement, except that MetroPCS
shall be responsible for removing all of its Communications Equipment from the Licensed Premises not later than thirty (30) days
following such termination, and for restoring the areas occupied by MetroPCS to its original conditions as near as practicable, save
and except normal wear and tear and acts beyond MetroPCS's control.
(c) Upon termination of this License Agreement, the term hereby granted and all rights, title and interest of
MetroPCS in the Licensed Premises shall end and the City may re-enter upon and take possession of the Licensed Premises. Such
termination shall be without prejudice to the City's right to collect from MetroPCS any rental or additional rental which has accrued
prior to such termination together with all damages, including, but not limited to, the damages which are suffered by the City because
of MetroPCS' s breach of any covenant under this License Agreement.
14. Defaults and Remedies:
Notwithstanding anything in this License Agreement to the contrary, neither party shall be in default under this License
Agreement until:
(a) In the case of a failure by MetroPCS to pay Rent or other sums due under this License Agreement,
fifteen (15) days afterreceipt of written notice thereof from the City; or
(b) In the case of any other default, thirty (30) days after receipt of written notice thereof from the non-
defaulting party; provided, however, where any such default cannot reasonably be cured within thirty (30) days, a party shall not be
deemed to be in default under the License Agreement if it commences to cure such default within said thirty (30) day period and
thereafter diligently pursues such cure to completion.
(c) In the event of MetroPCS default in the payment of rentals or its failure to comply with any other
material provisions of this License Agreement, the City may, at its option, terminate this Lease Agreement without affecting its right
to sue for all past due rentals, and any other damages to which the City may be entitled. Should the City be entitle to collect rental or
damages and be forced to do so through its attorney, or by other legal procedures, the City shall, upon receipt of a favorable ruling, be
entitled to its reasonable costs and attomey's fees thereby incurred upon said collection.
15. Taxes: MetroPCS shall pay annually any and all taxes that may be levied and assessed upon the Licensed
Premises attributable to any improvement thereto made by MetroPCS, the Communications Equipment installed thereon, or upon this
License Agreement. If any such tax is paid by the City, MetroPCS shall reimburse the City for the amount of any tax payment within
sixty (60) days of receipt of sufficient documentation indicating the amount paid and the calculation of MetroPCS's pro-rata share.
Upon written request by MetroPCS, the City shall furnish evidence of payment of all such taxes.
16. Insurance: MetroPCS, at its expense, shall maintain in force during the terms of this License Agreement, a
Commercial General Liability Insurance Policy and provide to the City a certificate, or certificates, of insurance issued by insurance
companies certified to do business by the State of Florida and its insurance regulatory bodies covering the entire term of the License
Agreement, or any extension thereof, a combined single limit policy of bodily injury and property damage insurance, with a limit of
not less than $1,000,000 insuring the City and MetroPCS against all liability arising out of the ownership, use, occupancy or
maintenance of the licensed Premises and appurtenant areas, which policy shall name City as an additional insured.
The City shall maintain at its expense, or provide through self-funding, throughout the License Term, public liability insurance,
Including bodily injury and property damage equal to the maximum limits of liability provided for in section 768.28, Florida
Statutues, plus any excess liability insurance coverage that may be purchased by the City. Any policies of insurance provided for
Market: Central Florida
Site Name: City of Clearwater - North
Site Number: T AM206A
herein to be carried by the City shall be issued by insurance companies certified to do business by the State of Florida and its
insurance regulatory bodies, provided, however, the City may self-fund any risk provided for in this paragraph in lieu of purchasing
insurance coverage therefore. Certificate(s) of Insurance or letters of self-funding shall be delivered to MetroPCS by the City upon
the Commencement date provided in section 4, and shall automatically renew upon any extensions of this License Agreement.
The City's Risk Manager may require MetroPCS to provide any or all of the following additional Insurance Endorsements upon
determination of any additional risks inherent to the City as party to this License Agreement:
(a) Contractual Liability coverage
(b) Personal Injury Liability coverage
(c) Broad Form Property Damage Coverage
All insurance coverages herein provided shall:
(a) Be written on an "Occurrence" basis
(b) Shall not be suspended, voided, canceled or modified in a way that affects the City of Clearwater
Except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City's Risk
Management Office at the following mailing address: Risk Manager, City of Clearwater, P.O. Box 4748, Clearwater, FL. 33758-4748
(c) Certificates oflnsurance meeting the specific required insurance provisions of this License Agreement
shall be forwarded to the City's Risk Management Office and approved prior to the start of any work or
possession ofthe Licensed Premises.
(d) All insurance policies required within this License Agreement shall provide full coverage from the First
dollar of exposure unless otherwise stipulated.
17. Environmental:
(a) Following execution of this License agreement by the City, MetroPCS shall, at its expense,
contract the services of a qualified environmental firm or individual to perform to current ASTM standards, a
commercial Phase I environmental audit of the Licensed Premises to determine if there is any basis for suspecting that
hazardous materials or waste have been deposited or released in or upon said premises. If the results of the Phase I
investigation reveal to MetroPCS a potentially hazardous materials or waste situation, then MetroPCS shall be entitled, at
MetroPCS expense and option, to perform a Phase II environmental investigation meeting applicable current ASTM
standards consisting of, but not limited to, the sampling and analysis of soil, ground water, air, building and structural
components, and any other materials that may be upon or in the property, so long as MetroPCS shall be responsible for
and remain liable to the City for any damages which may occur to the License Premises or other City property
during such investigations. It is mutually agreed between the parties that should the environmental investigations
herein described reveal to MetroPCS a potential or actual problem concerning hazardous materials or waste in or about
the License Premises, upon providing copies of the environmental reports and reasonable written notice to the City,
MetroPCS shall be entitled to terminate this License Agreement.
(b) If MetroPCS chooses not to terminate this License Agreement as provided above, it shall
deliver to the City copies of all environmental reports resulting from investigations of the Licensed Premises not later
than thirty (30) days preceding the Commencement Date as defined in Paragraph 4. The City shall have the privilege
of reviewing and independently verifying the findings and conclusions contained in each and all ofthe reports, and at
its sole option, may accept the reports or reject the reports in their entity, in which event the City may terminate this
License Agreement, provided that MetroPCS receives notice ofthe City's intent to terminate within thirty (30) days after
the City's receipt of such environmental reports. Ifthe City elects not to Terminate this License Agreement under this
provision, it shall be deemed thereafter that the conclusions as defined in the report(s) shall establish the environmental
baseline for the Licensed Premises, and the City shall defend and hold MetroPCS harmless from any pollution or
hazardous substances or wastes established as the environmental baseline, subject to any defense or limitation
available to the City pursuant to Section 768.28, Florida Statues. MetroPCS shall thereafter indemnify, defend and save
harmless the City, its successors, assigns, employees, contractors and agents from and against any legal or
administrative proceeding brought against the City; from all demands, claims, fines, penalties, or costs occasioned by
subsequent discovery of any pollution or hazardous substances or waste involving the Licensed Premises caused
by MetroPCS , whether known or unknown to the City, whether based in federal, state, or local environmental or other
laws; strict liability or common law; including those arising from continuing violations after MetroPCS's occupancy if
such violations can reasonably be determined to have been caused directly by MetroPCS, its employees, agents, vendors,
contractors, or any person or entity acting for on behalf of MetroPCS. These covenants by MetroPCS to indemnify, defend
and hold harmless the City, its successors, assigns, employees, contractors and agents shall extend to and include any
obligations ofthe City to perform remedial work ordered or recommended by any govemmental or administrative
agencies in connection with a matter covered by this indemnity. MetroPCS shall be solely responsible for responding to
such govemmental or administrative agencies claims relating to contamination of the Licensed Premises as may be
Market: Central Florida
Site Name: City of Clearwater - North
Site Number: TAM206A
direcly attributable to MetroPCS, it employees, agents, contractors, or any persons or entity acting for or on behalf of
MetroPCS during the term of this License Agreement, or any extension thereof, of after termination.
(c) Upon expiration or termination of this License agreement, MetroPCS shall, at its expense,
procure a Phase I environmental audit and if appropriate a Phase II environmental audit and investigation in accordance
with ASTM standards in the same manner as described in Section 17a above. Should the results of such studies and
tests reveal any environmental contamination of the Licensed Premises in amount and/or concentrations exceeding
acceptable levels as then established by applicable governmental authorities, MetroPCS shall pay all costs associated with
environmental remediation of such contamination exceeding the lowest limits established using the aforementioned
criteria if such contamination is found to be directly attributable to MetroPCS, its employees, agents, contractors, or any
persons or entity acting for or on behalf on MetroPCS during the term of or any extension of this License Agreement, or
after termination.
(d) MetroPCS agrees to provide the City within seven (7) days of execution by MetroPCS copies of
all registrations, reports, closure assessments and certifications of financial responsibility forms as may be required to
be submitted to the State Department of Environmental Protection, or its successors, pursuant to Rules of the Florida
Administrative Code.
(e) The City and MetroPCS mutually covenant and agree that during the term of this License
Agreement, or any extension thereto, to fully comply with all Federal, State and Local environmental laws and rules.
Each party agrees to hold harmless, defend and indemnify the other, along with their respective successors and/or
assigns, partners, affiliates, employees, contractors, agents, and all others acting for or on behalf of either party in any
manner or action that may reasonably be determined to be in violation of this provision, subject to any defense or
limitation available to the City pursuant to Section 768.28, Florida Statues.
18. Tests: MetroPCS is hereby given the right to survey, soil test, radio coverage test, and conduct any
other investigations needed to determine ifthe surface and location ofthe Licensed Premises is suitable for construction
and installation of its Communications Equipment prior to the Commencement Date as defined in paragraph 4. The
terms of Paragraph 12 (Liabilities and Indemnity) shall also apply.
19. Fixtures: The City covenants and agrees that no part of the improvements constructed, erected or
Placed by MetroPCS on the Licensed Premises or other real property owned by the City shall be or become, or be
Considered as being, affixed to or a part of the City's real property, any and all provisions and principles oflaw to the
contrary notwithstanding. All improvements of every kind and nature constructed, erected or placed by MetroPCS on the
Licensed Premises shall be and remain the property ofMetroPCS.
20. Assil!:nment and Sublettinl!:: Licensee may not assign, or otherwise transfer all or any part
of its interest in this License Agreement or in the Licensed Premises without the prior written consent of the
City; provided, however, that Licensee may assign its interest to its parent company, any subsidiary or
affiliate of it or its parent company, or to any successor-in-interest or entity acquiring fifty-one percent
(51 %) or more of its stock or assets, subject to any financing entity's interest, ifany, in this License
Agreement as set forth in Paragraph 22. Licensor may assign this License Agreement upon written notice
to Licensee, subject to the assignee assuming all of Licensor's obligations herein, including but not limited
to, those set forth in Paragraph 22. Notwithstanding anything to the contrary contained in this License
Agreement, Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its
interest in this License Agreement to any financing entity, or agent on behalf of any financing entity to
whom Licensee (i) has obligations for borrowed money or in respect of quaranties thereof; (ii) has
obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or
with respect to letters of credit, bankers acceptances and similar facilities or in respect of quaranties
thereof.
21. Memorandum of License Al!:reement: Following the execution ofthis License agreement,
either party, at its sole expense, shall be entitled to file a Memorandum of License Agreement of record in the public
records of Pine lias County, Florida.
22. Waiver of Licensor's Lein: Licensor waives any lien rights it may have concerning the
Communications Equipment which are deemed Licensee's personal property and not fixtures, and Licensee has the
right to remove the same at any time without Licensor's consent. Licensor acknowledges that Licensee has entered into a financing
arrangement including promissory notes and financial and security agreements for the financing of the Communications Equipment
(the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other
financing entities). In connection therewith, Licensor (i) consents to the installation ofthe Collateral; (ii) disclaims any interest in
the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy,
attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to
legal proceedings.
Market:
Site Name:
Site Number:
23.
Central Florida
City of Clearwater - North
T AM206A
Other Conditions:
(a) The City acknowledges that following the execution of this License Agreement,
MetroPCS shall contact appropriate local governmental agencies for the purpose of obtaining all building permits and approvals,
zoning
changes and approvals, variances, use permits and other govemmental permits and approvals ("Local Permits") necessary for the
construction, operation and maintenance of the Communications Equipment on the Licensed Premises. The City agrees to fully
cooperate with MetroPCS in obtaining the Local Permits and, without limiting the generality of the foregoing, to execute any
applications, maps, certificate or other documents that may be required in connection with the Local Permits.
(b) Whenever under the License Agreement the consent or approval of either party is required, or a
determination must be made by either party, no such consent or approval shall be unreasonably be withheld or delayed, and all such
determinations shall be made on a reasonable basis and in a reasonable manner.
(c) The City covenants with MetroPCS that it shall, upon paying the Rent and observing the other
covenants and conditions herein upon its part to be observed, peaceably and quietly hold and enjoy the Licensed Premises during
the term of this License Agreement or as it is may be extended without hindrance or ejection by the City, any person or persons
claiming under the City, or any other licensee or tenant ofthe City.
(d) MetroPCS covenants and agrees that MetroPCS Communications Equipment and
installation,
operation and maintenance shall not irreparably damage the North Water Tank, its supporting structure, any accessory equipment
and facilities related thereto, nor its Licensed Premises; nor interfere with the operation and function thereof. Should it be determined
by the City at any time during the operation of this License Agreement that MetroPCS is in violation of any covenant given in this
provision, such violation shall be deemed to be a default by MetroPCS and shall be subject to remedy as provided in paragraph 14
hereof.
(e) MetroPCS shall comply with all applicable rules and regulations of the Federal
Communications Commissions and the ordinances of the City, including but not limited to the building and electrical codes of the
City.
(f) If any City facility existing within the Licensed Premises, and appurtenant to rights granted
herein to MetroPCS, is damaged for ay reason so as to render it substantially unusable for MetroPCS's use, Rent shall abate for such
period
not in excess of ninety (90) days while the City, at its expense, restores the City's damaged facility to its condition prior to such
damage. Provided, however, in the event the City fails to repair the damaged facility within the said ninety (90) day period,
MetroPCS or
the City shall have the right to terminate this License Agreement with no further obligations hereunder.
(g) During the term ofthis License Agreement, or any extensions thereof, the City may, as
provided in paragraph 2, grant a similar license to any other party so long as such grant would in no way interfere with MetroPCS's
use
of its Communications Equipment. In the event of any interference arising from the installation or operation of communications
equipment in or upon the Licensed Premises by any other party subsequent to the Commencement Date of this License Agreement,
the City shall take all steps reasonably necessary to correct and eliminate such interference within a reasonable period of time. If the
City is unable to eliminate the interference within a reasonable period of time, the City shall be obligated to remove the
communication equipment of the other party from the License Premises. It is explicit to this provision that MetroPCS shall not
change
the frequency, power or character of its equipment which would foster or create such interference, without first obtaining the written
consent of the City and any other party properly licensed to use any portion ofthe premises or facilities of the North Water Tank,
which consent shall not otherwise be unreasonably withheld. It shall be deemed that an antennae centerline separation of twenty feet
(20') for antennae as hereinafter described shall be sufficient to meet the non-interference criteria of this paragraph.
(h) If the Licensed Premises are condemned or transferred in the lieu of condemnation,
MetroPCS may elect to terminate this License Agreement as of the date of the condemnation or transfer in lieu of condemnation by
giving notice to the City no more than forty-five (45) days following the date of such condemnation or transfer in lieu of
condemnation. IfMetroPCS chooses not to terminate this License Agreement, Rent shall be reduced or abated in proportion to the
actual
reduction or abatement of use of the Licenses Premises.
(i) The City acknowledges that it, and not MetroPCS, shall be responsible for compliance with
all
tower marking and lighting requirements of the Federal Aviation Administration and the Federal Communications Commissions for
the Tower. However, MetroPCS acknowledges that it, and not the City, shall be responsible for compliance with all tower marking
and lighting requirements of the Federal Aviation Administration and the Federal Communications Commissions which are required
Market: Central Florida
Site Name: City of Clearwater - North
Site Number: TAM206A
as a direct result of MetroPCS's use and occupancy of the Tower. Each party shall hold the other harmless from any fines or other
liabilities
that are result of the defaulting party's failure to comply with its responsibilities. The non-defaulting party may terminate this
License Agreement as provided in paragraphs 13 and 14 ifthe responsible party fails to fulfill its obligations as stipulated herein.
24. Radon Gas Notification: as required by Section 404.056(8), Florida Statue, MetroPCS shall take notice ofthe
following:
RADON GAS: Radon gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,
any present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have
been found in buildings in Florida. Additional information regarding radon and radon testing may obtained from your county public
health unit.
25. Entire A!!:reement and Hindin!!: Effect: This License Agreement and any attached exhibits signed or initialed by
the parties constitute the entire agreement between the City and MetroPCS. No prior written or prior contemporaneous or subsequent
oral promises or representations shall be binding. This License Agreement shall not be amended or changed except by written
instrument signed by both parties. Paragraph captions herein are for convenience only, and neither limit nor amplify the provisions
of this License Agreement. The provisions of this License Agreement shall be binding upon and inure to the benefit of the heirs,
executors, administrators, successors and assigns ofthe parties, but the provision shall in no way alter the restriction heron in
connection with assignment and subletting by MetroPCS.
26. Miscellaneous:
(a) If any provision of this License Agreement is invalid or unenforceable with respect to any
party, the remainder of this License Agreement or the application of such provision to persons other than those as to whom it is held
invalid or unenforceable, shall not be affected and each provision of this License Agreement shall not be valid and enforceable to the
fullest extent permitted by law.
(b) This License Agreement shall be governed by the laws of the State of Florida.
(c) Licensee may obtain title insurance on its interest in the Land. Licensor shall cooperate by
executing documentation required by the title insurance company.
(d) All Riders and Exhibits annexed hereto from material parts of this License Agreement.
( e) The license Agreement may be executed in duplicate counterparts, each of which shall be deemed an
original.
IN WITNESS WHEROF, the parties hereto have executed this License Agreement as ofthe date and year first above written.
Licensee:
Signed, sealed and delivered in
the presence of:
MetroPCS CaliforniaIFlorida, Inc., a
Delaware corporation, d/b/a MetroPCS
By: Mike C. Ward
Vice President and General Manager
WITNESS
Print Name:
WITNESS
Print Name:
Market:
Site Name:
Site Number:
Central Florida
City of Clearwater - North
TAM206A
State of Florida
County of Hillsborough
Before ME, the undersigned, personally appeared Mike C. Ward of ,Metro PCS California / Florida, Inc. a Delaware
Corporation, whom being duly authorized by said corporation, executed the foregoing License Agreement and acknowledged the
execution thereof to be his free act and deed for the use and purposes herein set forth.
Witness my hand and seal this_day of November, 2005
Notary Public
Print/Type:
[ ]Personally Known
[ ]Provided Identification
Type ofIdentification Provided:
Market:
Site Name:
Site Number:
Central Florida
City of Clearwater - North
T AM206A
Licensor:
City of Clearwater, FLORIDA,
A Florida Municipal Corporation
Countersigned:
By:
William B. Home, II, Interim City Manager
Brian J, Aungst, Mayor-Commissioner
Approved as to form
Attest:
Cynthia E. Goudeau, City Clerk
Leslie K. DougaJl-Sides
Attest:
Print Name
State of Florida
County of
BEFORE ME, the undersigned, personaJly appeared William B. Horne, II, Interim City Manager of the City of
Clearwater, Florida, a Florida Municipal Corporation, who executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purpose herein set forth, and who is personally known to me.
WITNESS my hand and seal this_day of
200 .
Notary Public
Print/Type Name:
Market:
Site Name:
Site Number:
Central Florida
City of Clearwater - North
TAM206A
Exhibits
RE: LICENSE AGREEMENT dated ,200_, governing the utilization of property and facilities owned by
the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, at 1780 Weston Drive, Clearwater, Florida, to
METROPCS CALIFORNIAlFLORIDA, INC., a Delaware corporation, d/b/a MetroPCS.
EXHIBIT "A": Approximate depiction of catwalk railing antennae installation.
EXHIBIT "B": Approximate depiction of equipment cabinets installation and cabling.
EXHIBIT "C": Legal Description of Parent Parcel & Licensee Premises.
( Note: Above described EXHIBITS to be attached to and a part of referenced License Agreement orior to its submission to the Clearwater City
Commission for approval and execution. Actual "as builts" to be provided later in accordance with License Agreement provisions.)
(Exhibits: Pages 11-13)
I
Market:
Site Name:
Site Number:
Central Florida
City of Clearwater - North
TAM206A
EXHIBIT A
APPROXIMATE DEPICTION OF CATWALK RAILING ANTENNAE INSTALLATION
to the License Agreement dated , 200_, by and between the City of Clearwater, Florida, a
Florida Municipal corporation as Licensor, and MetroPCS California/Florida, Inc., a Delaware corporation, d/b/a
MetroPCS as Licensee.
Market:
Site Name:
Site Number:
Central Florida
City of Clearwater - North
T AM206A
Exhibit B
APPROXIMATE DEPICTION OF EQillPMENT CABINETS INSTALLATION AND CABLING
to the License Agreement dated , 200_, by and between the City of Clearwater, Florida, a Florida
Municipal Corporation as Licensor, and MetroPCS CalifomiaJFlorida, Inc., a Delaware corporation, d/b/a MetroPCS as
Licensee.
Market:
Site Name:
Site Number:
Central Florida
City of Clearwater - North
T AM206A
EXHIBIT C
LEGAL DESCRIPTION OF PARENT PARCEL & LICENSEE PREMISES
(PER KCI TECHNOLOGIES SURVEY, JOB NUMBER 109041 Y, AS REVISED 5/31/00)
to the License Agreement dated ,200_, by and between the City of Clearwater, Florida, a Florida
Municipal corporation as Licensor, and MetroPCS California/Florida, Inc., a Delaware corporation as Licensee.
fU\2.. \ t d.
Purchasing Memorandum
City Commission
12/15/2005
Agenda Number: 4044
\\.v, ~ \\.'(
1 Agenda Item No:
Type:
Quantity:
Purchase
7
Requesting Dept: Fire and Rescue Department
Using Dept: Fire and Rescue Department
Bid Number or
Code Exception:
VendorInfo:
Description:
Comments:
Amount:
$ 144,999.46
Sec. 2.564 (l)(e) - Sole source
Medtronic Physio-Control, Redmont, Washington
Medtronic Physio-Control, Redmont, Washington - Purchase seven (7) LP12 Defibrillators/monitors with
printers and carrying cases at a cost of $144,999.46.
Sole source for the City of Clearwater standardized equipment.
Lease purchase financing.
Appropriation Code(s):
0316-91221-564000-526-000
Comments:
Project code
Debt service P & I: 0010-01250-591600-526-000-0000
2 Agenda Item No:
Type:
Quantity:
Requesting Dept: Gas System
Using Dept: Gas System
Bid Number or
Code Exception:
Vendorlnfo:
Description:
Comments:
Amount:
$ 250,000.00
$ 745,000.00
Purchase
City of Clearwater Bid 44-05
Jeffry Knight Incorporated, d.b.a. Knight
Enterprises, Clearwater, Florida
Jeffry Knight Incorporated, d.b.a.Knight Enterprises, Clearwater, Florida - Installation of gas mains and
services lines in Pinellas and Pasco Counties at a cost not to exceed $995,000 during the period January 1,
2006 through December 31,2006.
Low bid for service.
Appropriation Code(s):
0315-96377-563800-532-000
0315-96378-563800-532-000
Comments:
Pinellas Project Code
Pasco Project Code
City Council
,....".,,@.._~~n~a Cc:!~..~~,~~@~~..QE!:!"!:!~..~,!!t"__,,,,,
t:\N-;}
\d u \
Trackinq Number: 1,762
Actual Date: 12/15/2005
Subject / Recommendation:
Approve updating the pooled cash investment policy and pass Ordinance 7569-06 on first reading.
Summarv:
This policy does not apply to pension funds, which have their own investment policy.
The biggest change is adding the five and ten year Treasury rates to the custom performance
benchmark. This change makes the maturity of the benchmark (2.46 years)a closer match to the
average maturity of what the portfolio has been running (2.98 years).
The list of allowable investments has been updated to reflect the wording in State Statute.
The list of allowable investments has also been changed to reflect changes occurring with certain
government agencies. The Federal Government is privatizing some of the agencies. The Federal
National Mortgage Association is one example. These new creations are called Government
Sponsored Entities or GSE's for short. These GSE will be issuing more and more securities, which
do not have the direct or indirect backing of the Federal Government. A pool of assets that
exceed the value of the security issued backs these securities. These securities are classified as
corporate paper and will have an investment rating assigned by the various investment rating
companies. The investment policy is being changed to allow investments of commercial paper
that is of investment grade. While the investment policy specifically allows investment in these
GSE's this change will hopefully eliminate future confusion over securities issued by these GSE's
that do not have the direct or indirect backing of the Federal Government.
The estimated maturity for Collateralized Mortgage Obligations and Real Estate Investment
Conduits has been increased from five to seven years. This change reflects that there are
changes in the estimated life with interest rate changes. Staff will continue to buy these
investments with average life of five years or less.
Attached is a copy of the policy showing the proposed additions and deletions.
Oriqinatina: Finance
Section: Other items on City Manager Reports
Cateaory: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 0
Public Hearina: No
Financial Information:
Review Approval
Maraie Simmons
11-28-2005
16:08:45
ter
City Council
__w,_~!!~.,! Cove~ .~~~,!!!~~,!:~~~~ u m"~"",_"~,,...,,..,~&=,,~_
12-06-2005 09:49:53
Garrv Brumback
Leslie Douaall-Sides
Bill Horne
12-05-2005 16:25:55
12-06-2005 14:49:26
Cyndie Goudeau
12-07-2005 12:09:04
ORDINANCE NO. 7569-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA AMENDING THE CITY OF
CLEARWATER POOLED CASH INVESTMENT
POLICY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has established the Poled Cash
Investment Policy; and
WHEREAS, the City has authority to amend the policy as permitted by
law; and
WHEREAS, the City has determined that it is in the best interest of the
City to amend the Pooled Cash Investment Policy; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA
Section 1: The Pooled Cash Investment Policy is hereby amended to
read as follows:
(1) SCOPE
The statement of investment policy and guidelines applies to all investments
of the City's pooled cash, which includes cash and investment balances of the
following funds:
. General
. Special Revenue
. Debt Service
. Capital Projects
. Enterprise
. Internal Service Funds
. Trust Funds
The policies set forth do not apply to the Employee Pension and Deferred
Compensation Funds of the City of Clearwater, deposits for defeased debt, or
assets under Bond Trust Indenture Agreements.
Ordinance No. 7569-06
(2) INVESTMENT OBJECTIVES
A. Safety of principal is regarded as the highest priority in the handling of
investments for the City. All other investment objectives are
secondary to the safety of capital. Each investment transaction shall
seek to first ensure that capital losses are avoided.
From time to time, however, securities may be traded for other similar
securities to improve yield, maturity or credit risk. For these
transactions, a loss may be incurred for accounting purposes,
providing any of the following occurs with respect to the replacement
secu rity:
· The yield has been increased, or
· The maturity has been reduced, or
· The quality of the investment has been improved
B. The City's investment strategy will provide sufficient liquidity to meet
the City's operating, payroll and capital requirements. To accomplish
this the portfolio will be "Iaddered" with maturates each month except
for those months in which significant Ad ValOrem taxes are received.
To the extend possible, the City will attempt to match its investments
with anticipated cash flow requirements. Unless matched to a
specific cash flow requirement, the City will not directly invest in
securities maturing more than 15 years from the date of purchase.
And unless, specifically matched against a debt or obligation not
more than 10% of the portfolio will have maturity greater than 10
years.
C. The City's investment portfolio shall be designed with the objective of
attaining a market rate of return throughout budgetary and economic
cycles, taking into account the City's investment risk constraints and
the cash flow characteristics of the portfolio.
(3) PERFORMANCE MEASUREMENT
The benchmark yield for the operating portfolio will be the weighted average
yield determined by using the following maturity distribution and the related U.S.
Treasury yields. Treasury yields are considered benchmark for risk less investment
2
Ordinance No. 7569-06
transactions and, therefore comprise a minimum standard for the operating
portfolio's rate of return. The investment program shall seek to augment returns
above this threshold, consistent with risk limitations identified herein.
Average Treasury Rates Percentage Distribution
Overnight rate
3 month Treasury Bill rate
6 month Treasury Bill rate
1 year Treasury Bill rate
3 year Treasury Note rate
5 year Treasury Note rate
10 year Treasury Note rate
15%
15%
15%
15%
15%
15%
10%
Total
100%
(4) PRUDENCE AND ETHICAL STANDARDS
The standard of prudence to be applied by the investment officer shall be
the "Prudent Person" rule, which states: "Investments shall be made with
judgment and care, under circumstances then prevailing, which persons of
prudence, discretion and intelligence exercise in the management of their
own affairs, not for speculation, but for investment, considering the probable
safety of their capital as well as the probable income derived." The "Prudent
Person" rule shall be applied in the context of managing the overall portfolio.
. (5) AUTHORIZED INVESTMENTS
1 . The City shall limit investments, as authorized in Florida Statutes to:
a. Direct obligations of the United States Treasury. Investments in this
category would include but not be limited to the following: United
States Treasury Bills, Notes and Bonds, and securities issued by the
Small Business Administration, Government National Mortgage
Association (Ginny Mae), Veterans Administration, and Federal
Housing Administration.
3
Ordinance No. 7569-06
1---- -
I
I
I
I
b. Federal agencies and instrumentalities. Investments in this category
would include but not be limited to the following: obligations of the
Federal Home Loan Sanks System (FHLS) or its distinct banks and
Financing Corporation (FICO), Federal Farm Credit Sank, Federal
National Mortgage Association (Fannie Mae), Federal Home Loan
Mortgage Corporation (Freddie Mac), Student Loan Marketing
Association (Sallie Mae), Financial Assistance Corporation and
Federal Agriculture Mortgage Corporation (Farmer Mac).
c. Securities and Exchange Commission registered money market
funds with the highest credit quality rating from a nationally
recognized rating agency.
d. Interest-bearing time deposits or savings accounts in qualified
public depositories as defined in Florida Statutes. 280.02.
e. Collateralized Mortgage Obligations (CMO) and/or Real Estate
Mortgage Investment Conduits (REMIC), with the highest credit
quality rating from a nationally recognized rating agency with an
estimated maturity and class or tranche not to exceed 7 years, which
are backed by securities otherwise authorized in this policy.
f. Repurchase Agreements and reverse repurchase agreements
collateralized by securities otherwise authorized in this policy.
g. The Local Government Surplus Funds Trust Fund or any
intergovernmental investment pool authorized pursuant to the Florida
Interposal Cooperation Act as provided in Florida Statutes. 163.01.
h. Securities of, or other interests in, any open-end or closed-end
management-type investment company or investment trust
registered under the Investment Company Act of 1940, 15 U.S.C.
ss. 80a-1 et seq., as amended from time to time, provided that the
portfolio of such investment company or investment trust is limited to
obligations of the United States Government or any agency or
instrumentality thereof and to repurchase agreements fully
collateralized by such United States Government obligations, and
provided that such investment company or investment trust takes
4
Ordinance No. 7569-06
delivery of such collateral either directly or through an authorized
custodian.
i. Commercial paper issued by an entity listed above (I.E. FHLB,
FFCB FHLMC etc.) with an investment grade rating from a
nationally recognized rating agency.
6. Maturity and Liquidity Requirements
A. The City will attempt to forecast expected cash outflows and inflows
by major categories. For months that the outflows exceed inflows the
City will have investments maturing that month in excess of the
forecasted deficits.
B. As stated above the City will ladder it's maturates so that there are
maturates each month with the exception of months when the
majority of Ad valorem taxes are received.
C. The City will attempt to keep the weighted average maturity to three
years or less. Due to market conditions and cash needs the average
maturity may temporarily be greater than three years but no greater
than four years.
7. Portfolio Composition, Risk And Diversification
Assets held shall be diversified to control risk of loss resulting from
overconcentration of assets in a specific maturity, issuer, instrument, dealer, or
bank through which these instruments are bought and sold. Diversification
strategies within the established guidelines shall be reviewed and revised
periodically as necessary by the Investment Committee.
8. Authorized Investment Institutions and Dealers
A. Banks - Certificates of deposit purchased under the authority of this
policy will be purchased only from Qualified Public Depositories of
the State of Florida as identified by the State Treasurer, in
accordance with Chapter 280 of the State Statutes.
5
Ordinance No. 7569-06
B. Broker/Dealer Approvals and Limitations - Time, practicality, and
general business constraints limit the number of investment
relationships which can be managed on a regular basis. In most
cases, normal investment activity will be limited to no more than ten
dealer relationships. A broker/dealer list will be established by the
Finance Director or designee. This list will be presented to the
Investment Committee for approval. This list will be updated as
needed and approved by the Investment Committee.
9. Third-Party Custodial Agreements
All securities purchased by the City under this policy shall be purchased
using the "delivery versus payment" procedure. For all purchases and sales of
securities the third-party custodial will be notified by fax of the transaction including
all details of the securities purchased or sold. The notification will be signed by two
individuals authorized to make investment decisions.
10. Master Repurchase Agreement
All approved institutions and dealer transacting repurchase agreements
shall be covered by a Master Repurchase Agreement. All repurchase agreement
transactions shall adhere to the requirements of the Master Repurchase
Agreement.
11. Bid Requirements
After the Finance Director or designee has determined the appropriate
maturity based on cash flow needs and market conditions and has selected one or
more optimal type of investment, the security in question shall, when feasible and
appropriate, be competitively bid. Competitive bids or offerings shall be received
from at least three dealers/brokers on all sales or purchases except in situations
where:
A. The security involves is a "new issue" and can be purchased "at the
auction" .
8. The security has a fixed "postal-scale" rate.
C. The security involved is available through direct issue or private
placement.
6
Ordinance No. 7569-06
D. The security involved is of particular special interest to the entity and
dealer competition could have an adverse impact with respect to the price
and availability to the City.
It is also realized that in certain very limited cases the City will not be able to
get three quotes on a certain security. For those cases the City will obtain current
market prices one of the following to determine if the transaction is in the City's best
interest:
1. Bloomberg Information Delivery System.
2. Wall Street Journal or a comparable nationally recognized financial
publication providing daily market pricing.
3. Daily market pricing provided by the City's Custody Agent or their
correspond ing institution.
12 Internal Controls
The Finance Director shall establish and monitor internal and procedural
controls designed to protect the City's assets and ensure proper accounting and
reporting of the transactions related thereto.
The Finance Director shall establish an Investment Committee that meets on
a regular basis for the purpose of reviewing investment transactions, approving
brokers/dealer changes and other investment activities.
13 Reporting
The Finance Director or designee shall report on at least an annual basis the
following information on the City's investments:
A. Securities by class/type.
B. Book Value
C. Market Value
D. Income Earned
Section 2: All ordinances or parts of ordinances, resolutions or parts of
resolutions in conflict herewith are herby repealed to the extent of such conflicts.
Section 3: This ordinance shall take effect immediately upon adoption.
7
Ordinance No. 7569-06
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
8
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7569-06
City of Clearwater, FL
Investment Policy
(1) SCOPE
The statement of investment policy and guidelines applies to all investments of the
City's pooled cash, which includes cash and investment balances of the following funds:
. General
. Special Revenue
. Debt Service
. Capital Projects
. Enterprise
. Internal Service Funds
. Trust Funds
The policies set forth do not apply to the Employee Pension and Deferred
Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets
under Bond Trust Indenture Agreements.
(2) INVESTMENT OBJECTIVES
A. Safety of principal is regarded as the highest priority in the handling of
investments for the City. All other investment objectives are secondary to
the safety of capital. Each investment transaction shall seek to first ensure
that capital losses are avoided.
From time to time, however, securities may be traded for other similar
securities to improve yield, maturity or credit risk. For these transactions, a
loss may be incurred for accounting purposes, providing any of the following
occurs with respect to the replacement security:
· The yield has been increased, or
· The maturity has been reduced, or
· The quality of the investment has been improved
B. The City's investment strategy will provide sufficient liquidity to meet the
City's operating, payroll and capital requirements. To accomplish this the
City of Clearwater - Investment Policy
portfolio will be Iladdered" with maturates each month except for those
months in which significant Ad Valorem taxes are received. To the extend
possible, the City will attempt to match its investments with anticipated cash
flow requirements. Unless matched to a specific cash flow requirement, the
City will not directly invest in securities maturing more than 15 years from
the date of purchase. And unless, specifically matched against a debt or
obligation not more than 10% of the portfolio will have a maturity greater
than 10 years.
C. The City's investment portfolio shall be designed with the objective of
attaining a market rate of return throughout budgetary and economic cycles,
taking into account the City's investment risk constraints and the cash flow
characteristics of the portfolio.
(3) PERFORMANCE MEASUREMENT
The benchmark yield for the operating portfolio will be the weighted average yield
determined by using the following maturity distribution and the related U.S. Treasury
yields. Treasury yields are considered benchmark for riskless investment transactions
and, therefore comprise a minimum standard for the operating portfolio's rate of return.
The investment program shall seek to augment returns above this threshold, consistent
with risk limitations identified herein.
Average Treasury Rates Percentage Distribution
Overnight rate
3 month Treasury Bill rate
6 month Treasury Bill rate
1 year Treasury Bill rate
3 year Treasury Note rate
5 year Treasury Note rate
10 year Treasury Note rate
15 2-5%
15 29%
15%
15 29%
15 29%
150/0
10%
Total
100%
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City of Clearwater - Investment Policy
(4) PRUDENCE AND ETHICAL STANDARDS
The standard of prudence to be applied by the investment officer shall be the
"Prudent Person" rule, which states: "Investments shall be made with judgment
and care, under circumstances then prevailing, which persons of prudence,
discretion and intelligence exercise in the management of their own affairs, not for
speculation, but for investment, considering the probable safety of their capital as
well as the probable income derived." The "Prudent Person" rule shall be applied
in the context of managing the overall portfolio.
(5) AUTHORIZED INVESTMENTS
1. The City shall limit investments, as authorized in Florida Statutes to:
a. Negotiable direct obligations of, or obligations the principal and interest of
which are unconditionally guaranteed by, and w'hich carry the full faith and
credit of, the United States Covernment and its agencies. Direct
obligations of the United States Treasury. I nvestments in this category
would include but not be limited to the following: United States Treasury
Bills, Notes and Bonds, and securities issued by the Small Business
Administration, Government National Mortgage Association (Ginnie Mae),
Veterans Administration, and Federal Housing Administration.
b. fully collaterized United States Agency obligations '~'v'hich carry an implied
guarantee and the implied full faith and credit of the United States
government. Federal agencies and instrumentalities. Investments in this
category would include but not be limited to the following: obligations of the
Federal Home Loan Banks System (FHLB) or its distinct banks and
Financing Corporation (FICO), Federal Farm Credit Bank (FfCB), Federal
National Mortgage Association (fannie Mae, FNMA), Federal Home Loan
Mortgage Corporation (Freddie Mac, fHLMC), Student Loan Marketing
Association (Sallie Mae, SLMA), Financial Assistance Corporation and
Federal Agriculture Mortgage Corporation (Farmer Mac).
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City of Clearwater - Investment Policy
c. OtMer United States Agency obligations ~'y'MicM carry an implied guaffintee
and tMe implied full faitM and credit of tMe United States Government.
In'y'estments in tMis category would include but not be limited to the
following: obligations of tMe rederal rarm Credit [3ank, rederal National
Mortgage Association (rannie Mae), rederal Ilome Loan Mortgage
Corporation (rreddie Mac), Student Loan Marketing Association (Sallie
Mae), rinancial Assistance Corporation and rederal Agriculture Mortgage
Corporation (rarmer Mac). Securities and Exchange Commission
registered money market funds with the highest credit quality rating
from a nationally recognized rating agency.
d. Interest bearing savings accounts, money market accounts, certificates of
deposit, money market certificates or time deposits constituting direct
obligations of any bank or savings and loan association certified as a
qualified rublic Depository by the State of rlorida. Interest-bearing time
deposits or savings accounts in qualified public depositories as defined
in Florida Statutes. 280.02.
e. Collateralized Mortgage Obligations (CMO) and/or Real Estate Mortgage
Investment Conduits (REMIC), with the highest credit quality rating from
a nationally recognized rating agency rated AAA or equivalent by
Standard and roor's, Moody's or riteh with an estimated maturity and class
or tranche not to exceed 5 7 years, which are backed by securities
otherwise authorized in this policy. and iv-MieM are guaranteed as to the
timely payment of principal and interest by the US GO'Jernment or its
Agencies.
f. Repurchase Agreements and reverse repurchase agreements collateralized
by securities otherwise authorized in this policy.
g. State of r10rida Local Covernment Surplus runds Trust rund. The Local
Government Surplus Funds Trust Fund or any intergovernmental
investment pool authorized pursuant to the Florida Interlocal
Cooperation Act as provided in Florida Statutes. 1&3.01.
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City of Clearwater - Investment Policy
h. Securities of, or other interests in, any open-end or closed-end
management-type investment company or investment trust registered
under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq.,
as amended from time to time, provided that the portfolio of such
investment company or investment trust is limited to obligations of the
United States Government or any agency or instrumentality thereof and
to repurchase agreements fully collateralized by such United States
Government obligations, and provided that such investment company or
investment trust takes delivery of such collateral either directly or
through an authorized custodian.
i. Commercial paper issued by an entity listed above (I.E. FHLB, fFCB
FHLMC etc.) with an investment grade rating from a nationally
recognized rating agency.
6. Maturity and Liquidity Requirements
A. The City will attempt to forecast expected cash outflows and inflows by
major categories. For months that the outflows exceed inflows the City will
have investments maturing that month in excess of the forecasted deficits.
B. As stated above the City will ladder it's maturates so that there are
maturates each month with the exception of months when the majority of
Ad valorem taxes are received.
C. The City will attempt to keep the weighted average maturity to three years
or less. Due to market conditions and cash needs the average maturity
may temporarily be greater than three years but no greater than four years.
7. Portfolio Composition, Risk And Diversification
Assets held shall be diversified to control risk of loss resulting from
overconcentration of assets in a specific maturity, issuer, instrument, dealer, or bank
through which these instruments are bought and sold. Diversification strategies within the
5
City of Clearwater - Investment Policy
established guidelines shall be reviewed and revised periodically as necessary by the
Investment Committee.
8. Authorized Investment Institutions and Dealers
A. Banks - Certificates of deposit purchased under the authority of this policy will
be purchased only from Qualified Public Depositories of the State of Florida as
identified by the State Treasurer, in accordance with Chapter 280 of the State
Statutes.
B. Broker/Dealer Approvals and Limitations - Time, practicality, and general
business constraints limit the number of investment relationships which can be
managed on a regular basis. In most cases, normal investment activity will be
limited to no more than ten dealer relationships. A broker/dealer list will be
established by the Finance Director or designee. This list will be presented to the
Investment Committee for approval. This list will be updated as needed and
approved by the Investment Committee.
9. Third-Party Custodial Agreements
All securities purchased by the City under this policy shall be purchased using the
"delivery versus payment" procedure. For all purchases and sales of securities the third-
party custodial will be notified by fax of the transaction including all details of the
securities purchased or sold. The notification will be signed by two individuals authorized
to make investment decisions.
10. Master Repurchase Agreement
All approved institutions and dealer transacting repurchase agreements shall be
covered by a Master Repurchase Agreement. All repurchase agreement transactions
shall adhere to the requirements of the Master Repurchase Agreement.
11. Bid Requirements
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City of Clearwater - Investment Policy
After the Finance Director or designee has determined the appropriate maturity
based on cash flow needs and market conditions and has selected one or more optimal
type of investment, the security in question shall, when feasible and appropriate, be
competitively bid. Competitive bids or offerings shall be received from at least three
dealers/brokers on all sales or purchases except in situations where:
A. The security involves is a "new issue" and can be purchased "at the auction".
B. The security has a fixed "postal-scale" rate.
C. The security involved is available through direct issue or private placement.
D. The security involved is of particular special interest to the entity and dealer
competition could have an adverse impact with respect to the price and availability
to the City.
It is also realized that in certain very limited cases the City will not be able to get
three quotes on a certain security. For those cases the City will obtain current market
prices one of the following to determine if the transaction is in the City's best interest:
1. Bloomberg Information Delivery System.
2. Wall Street Journal or a comparable nationally recognized financial
publication providing daily market pricing.
3. Daily market pricing provided by the City's Custody Agent or their corresponding
institution.
12 Internal Controls
The Finance Director shall establish and monitor internal and procedural controls
designed to protect the City's assets and ensure proper accounting and reporting of the
transactions related thereto.
The Finance Director shall establish an Investment Committee that meets on a
regular basis for the purpose of reviewing investment transactions, approving
brokers/dealer changes and other investment activities.
13 Reporting
The Finance Director or designee shall report on at least an annual basis the
following information on the City's investments:
7
City of Clearwater - Investment Policy
A. Securities by class/type.
B. Book Value
C. Market Value
D. Income Earned
8
fL\~ \
\;;),:>
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u~
City Council
Cover Memorandum
Tracking Number: 1,756
Actual Date: 12/15/2005
Subject / Recommendation:
Approve modifying Chapter 32 and Appendix A as related to water, reclaimed water and
wastewater collection systems to support new regulatory requirements, initiatives and
operational procedures, to redefine passages that identify prior organizational/operational
responsibilities and titles, and to comply with the Interlocal Agreement with Pinellas County
approved September 15, 2005 and pass Ordinance 7573-06 on first reading.
Summary:
On September 15, 2005, the City Council approved a 30-year agreement to continue to
purchase potable water from Pinellas County. The new agreement required the City to modify
the cross connection control section of Ordinance 32.131 through 32.140, to align the City's
language to that of Pinellas County's cross connection code; Division 3, Sections 126-231
through 126-244.
Updates were made to the general issues of operating and maintaining the wastewater collection
system. Responsibilities of private collection systems are outlined.
The US Environmental Protection Agency (EPA) and Florida Department of Environmental
Protection (FDEP) have implemented regulations to control wastewater collection system
overflows. In keeping with these regulations, added definitions more clearly define proper and
improper uses of the collection system.
One section addresses a requirement to have additional funding from developers where
redevelopment of properties impacts the water and wastewater collection systems beyond
existing capacity.
A general sewer use section was added to identify what mayor may not be placed in the sewer
system, which is critical in maintaining the system functionality.
Costs associated with deposits, devices and connection to the water, reclaimed and wastewater
collection systems were updated to more accurately reflect current costs.
The significant proposed changes are as listed above. Other changes are general housekeeping
issues including standard formatting as well as renumbering to accommodate new sections.
There are no budgetary costs associated with the wastewater collection portions of this item.
The revisions to the cross connection control portion will have little to no financial impact on the
City's budget, as all water customers are required to pay for the installation of the cross
connection control device.
This Ordinance shall take effect immediately upon adoption.
Originating: Public Utilities
Section other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 1
City Council
Ag,!:nda c:.,~y!!r ~.!:,~.~,~!!,d um
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u.~
Public Hearing: No
financial Information:
Review Approval
Andv Neff 11-18-2005 16:06: 15
Leslie Douaall-Sides 11-22-2005 16: 17:47
Bill Horne 12-05-2005 11 :58:47
Laura Lioowski 11-18-2005 16:30:42
Cvndie Goudeau 12-05-2005 14:50: 15
Laura Lipowski 11-18-2005 16:31:51
Garry Brumback 12-05-2005 11: 12:05
ORDINANCE NO. 7573-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO WATER AND WASTEWATER COLLECTION;
AMENDING CODE OF ORDINANCES, SECTION 32.095, ADDING
PROVISION FOR REDEVELOPMENT; SECTION 32.132,
REFERENCE CHANGE AND MINOR CONTENT UPDATES;
SECTION 32.138, REFERENCE CHANGE; SECTION 32.140,
ADDING FACILITIES REQUIRING DEVICES AND
RENUMBERING; SECTION 32.181, RENUMBERING AND
ADDING PRIVATE SYSTEM RESPONSIBILITIES; SECTION
32.182, DESCRIBING SERVICE REQUESTOR, LENGTHENING
PAYMENT INCREMENT ALLOWANCE AND MINOR CONTENT
UPDATES; SECTION 32.183, ADDING NEW AND ENHANCING
EXISTING DEFINITIONS FOR CLARIFICATION IN FUTURE
SECTIONS; SECTION 32.184, MINOR CONTENT UPDATES
DESCRIBING RESPONSIBILITIES; SECTION 32.185 ADDED
CROSS REFERENCES; SECTION 32.187, ADDING
RESPONSIBILITY CLARIFICATIONS, ADDING PROVISION FOR
REDEVELOPMENT, DELETING FUNDS APPROPRIATION
REQUIREMENT, UPDATING A REFERENCE AND MINOR
CONTENT UPDATES AND FORMATTING CHANGES; SECTION
32.198, ADDING GENERAL SEWER USE REQUIREMENTS
SUPPORTING DIVISION 2 PRETREATMENT AND DISCHARGE
RESTRICTIONS; APPENDIX A, XXIV, AMENDING WATER
SERVICES DEPOSITS; APPENDIX A, XXV, AMENDING WATER,
RECLAIMED WATER IMPACT FEES AND WASTEWATER
CONNECTION FEE CRITERIA AND CHARGES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA.
Section 1. Sec. 32.095. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.095. Tapping and connection.
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(7) Redevelopment. When redevelopment of property impacts the capacity of the
existino water systems to the point that uporades are needed to meet required capacity.
there shall be an assessment to the entity redevelopino the property. for the costs
necessary to uporade the water systems to accommodate the redevelopment.
Ordinance No. 7573-06
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Section 2. Sec. 32.132. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.132. Standards.
In compliance with chapter 17 555 62-555.360, Florida Administrative Code, of the
department of environmental regulation protection, the city commission council finds it
necessary for the health, safety and welfare of the water utility customers and the
general public to adopt cross connection control standards which establish the
requirements for the design, construction and maintenance of connections to the public
water supply. These standards are supplemental to the backflow prevention device
requirements of the standard plumbing code under which the city operates.
(Code 1980, 9 52.30; Ord. No. 5064, 9 1, 1-3-91)
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Section 3. Sec. 32.138. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.138. Backflow prevention devices-Generally.
The type of backflow prevention device required shall depend upon the degree of
hazard as described in AWWA Manual M-14 (4-9662004 edition), which is adopted by
reference as if set forth in this section, or as described below. Where more than one
type of device is available, the actual type utilized shall be as determined by the water
division subsequent to physical inspection of the hazard.
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Section 4. Sec. 32.140. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.140. Same-Facilities requiring.
(1) The water division public utilities department shall have the final decision as to
which facilities will require backflow preventer installations and the type of device, when
required.
2
Ordinance No. 7573-06
I
(2) The following is a list of facilities for which reduced-pressure-principle backflow
preventers shall be required:
. Aircraft & missile plants:
. Airports:
. Automotive plants:
. W Automatic carwashes;
. ~ Automotive service stations and repair shops (See note A);
. ~ Auxiliary water systems; Beveraoe bottlino plants:
. W Boat docks, boat launch sites and repair facilities for five or more
boats;
. Canneries:
. ~ Chemical manufacturing or handling facilities;
. Chilled water systems:
. Cold storaqe plants:
. Dairies:
. ffi....Doctor, dental, and veterinarian offices;
. f!:ltExterminators;
. W Facilities with boilers or chilled water systems;
. Fertilizer manufacturino plants:
. f!LFilm processing laboratories (See note A);
. ill Greenhouses and nurseries;
. Heatino or coolino coils submeroed in contaminants:
. W Hospitals, medical buildings, morgues, mortuaries, autopsy
facilities, nursing and convalescent homes, medical clinics, blood
handling facilities and kidney dialysis facilities;
. tl1 Laboratories (industrial, commercial, medical and school);
. fm1Laundries and dry cleaners;
. fA-) Metal manufacturing, cleaning, plating, processing and fabricating
plants;
. Motion picture studios:
. Nuclear and radioactive materials production facilities:
. Oil or oas production, storaoe or transmission properties:
. Packino houses and reduction plants:
. Paper and paper products plants:
. Platino plants:
. Power plants:
. ~ Radiator shops;
. Radioactive materials or substances, plants or facilities handlino,
restricted, classified or other closed facilities:
. Rubber plants:
. Sand and oravel plants:
. Stormwater pumpinq facilities:
. fm.. Travel trailer and mobile home parks;
. ~ Wastewater treatment facilities and lift stations;
. W Water treatment facilities;
3
Ordinance No. 7573-06
. Waterfront facilities and industries:
. f2l.Any other location where a potential or actual backflow or
backsiphonage condition exists, with a resulting threat to the public
potable water supply.
(3) The following is a list of facilities for which double checkvalve assemblies shall be
required:
. Apartments:
. W Beauty parlors and barbershops;
. ~ Buildings over five stories or with booster pump (See note A);
. Hotels:
. (6) Irrigation systems, 1 1/2-inch or larger;
. Motels;
. (a1 Restaurants and food handlers (See note A);
. ~ Swimming pools (nonresidential);
. (B Any other location where a potential or actual backflow or
backsiphonage condition exists, with a resulting threat to the public
potable water supply.
Note A: Unless protected by internal backflow prevention devices to the satisfaction of
the water division public utilities department and the plumbing official.
(Code 1980, 9 52.36; Ord. No. 5064, 9 1, 1-3-91)
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Section 5. Sec. 32.181. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.181. Unified system.
(1) The present wastewater collection system of the city, together with any and all
extensions thereof and replacements thereto, and the wastewater treatment plants now
operated by the city and any and all such plants hereafter acquired and operated by the
city are hereby established and declared to be a public utility for the use and benefit of
the city in the maintenance of public health, welfare and sanitation throughout the city.
The system shall be controlled, operated and maintained as provided in section 32.001.
See appendix A to this Code for deposit, fees and rate schedules.
(2) The public utilities department will assist in the abatement of blockaaes and
overflow events within privatelv owned and operated wastewater collection systems.
4
Ordinance No. 7573-06
usinQ Best ManaQement Practices when necessary. to protect the health. welfare. and
environment of the citizens of the city. (Ref. 32.183.2) Costs of providinQ assistance in
the abatement of blockaQes and overflows within privately owned and operated systems
will be assessed to the owner/operator of the private system. Costs will be determined
by a Time and Materials invoice. (Ref. 32.183.13)
(Code 1980, S 53.01; Ord. No. 5065, S 1,1-3-91)
Section 6. Sec. 32.182. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.182. Service outside corporate limits.
(1) The city shall have the power to install, improve and maintain wastewater collection
lines and facilities outside of the corporate limits of the city and to assess the abutting
property reauestinQ service of so bonofited by such facilities under the following
conditions:
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(2) After the completion of the construction of the wastewater collection lines and
facilities, the city shall assess the actual cost thereof against the property reauestina
service abutting the lines and facilities, which costs shall be itemized and subject to
audit. If the assessments are not paid within 30 days of the making thereof, the city may
at any time thereafter issue certificates of indebtedness against the abutting property for
such assessments or parts thereof as are unpaid, such certificates to be payable in not
less than three nor more than teA--twenty equal annual installments, or more frequently
as may be determined by the city commission council, and shall bear interest at a rate
of return authorized by law until paid, which certificates shall constitute and be a prior
lien to all other liens, except the lien for taxes. The certificates shall be processed and
administered in accordance with sections 124, 125, 126 and 127 of Laws of Florida of
1923, ch. 9710, which shall provide that the method of collecting special improvement
assessments on property within wastewater collection project areas shall be the same
as that followed on property situated within the corporate limits of the city.
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Section 7. Sec. 32.183. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.183. Definitions.
5
Ordinance No. 7573-06
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Abnormal strength waste. 'Naste having a high degree of
concentration of permissible waste material per unit volume of wastewater
dischargod by the customer. More specifically, Abnormal strongth 'Naste
shall be 'Naste containing a BOD greater than 300 mg/l, suspended solids
greater than 300 mg/I, or a COD greater than 100 mg/l.
(1) Adequate Treatment Capacity. The capability of the Wastewater
Facility (WWF), after receivino flow from a sewer service connection. to
adequately treat the wastewater distributed in compliance with the rules
and reoulations defined in the Code of Federal Reoulations. Title 40, Part
123.45. Appendix A.
(2) Best Manaoement Practices (BMPs). Schedule of activities. prohibitions
of practices. maintenance procedures. and other manaoement practices.
which include treatment requirements, operatino procedures. practices to
control plant site run-off, spillaoe and leaks. sludoe and/or waste disposal.
drainaoe from raw material storaoe, and prevention or reduction of the
pollution of waters of the State of Florida.
m BOD or biochemical oxygen demand.:... Means the The quantity of
oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedures in five days at 20 degrees Celsius,
expressed in milligrams per liter.
&COD or chemical oxygen demand.:... Means the The measurement of
the oxygen-consuming capacity of inorganic and organic matter present in
wastewater as determined according to standard methods, expressed in
milligrams per liter.
(5) Force Main. A pipe which transports wastewater from a buildino, residence,
or facility under pressure from the discharoe side of a pump to a point of oravity
flow.
(6) Infiltration. The water enterino the wastewater collection system and/or
service connections from the oround. throuoh such means as, but not limited to:
. Defective pipes. pipe ioints. connections. or manhole walls. Defective is
used to describe both poorly constructed and deterioratino structures.
Infiltration does not include and is distinouished from inflow.
(7) Inflow. Water discharoed to the wastewater collection system. includino
service connections, from such sources, but not limited to:
6
Ordinance No. 7573-06
. Roof leaders. yard and area drains. crushed laterals, foundation drains.
coolina water discharae. drains from sprinqs or swampy areas. manhole
covers. cross connections from storm systems. stormwater. surface runoff.
street wash water; or drainaae. Inflow does not include and is
distinauished from infiltration.
(8) Inflow and Infiltration (1&1). The combination of flows attributed to inflow
and infiltration as defined above.
(9) Overflow. The discharae of untreated sewaae or partially treated
wastewater from any publicly or privately owned collection and
transmission system or WWF to the surface of the around or to a surface
water body.
(10) Pollution. The presence in the outdoor atmosphere or waters of the
state of any substances. contaminants. noise. or man-made or man-
induced alteration of the chemical. physical. bioloaical. or radioloaical
intearity of air or water in auantities or levels which are. or may be.
potentially harmful or iniurious to human health or welfare. animal or plant
life. or property. includina outdoor recreation.
(11) Service Lateral Connection. The pipe(s) which transport wastewater from a
buildina. residence. or facility to a publicly or privately-owned pumpina station or
sanitary sewer system.
(12) Stormwater. Any form of rainwater. snowmelt. surface and/or street
drainaae. and/or run-off.
(13) Time and Materials Invoice. An invoice includina employee time.
materials. contractors or any other costs related to the invoice and reauired
to complete the iob.
(14) Wastewater Facility (WWF) or Publicly Owned Treatment Works
(POTW). Any or all of the followina: A collection/transmission system. a
wastewater treatment plant. or a reuse and disposal system that is owned
and operated by any municipality. or Pinellas County. and is permitted by
the State of Florida to convey. treat. or dispose of sanitary sewaae.
(Ord. No. 5065,91,1-3-91)
Cross Reference- Definitions and rules of construction generally, 9 1.02.
Section 8. Sec. 32.184. Code of Ordinances, City of Clearwater, is amended to
read as follows.
7
Ordinance No. 7573-06
See 32.184. Connections--Required.
(1) Within, without city. Except as specifically provided in this article, all buildings
designed or used for human habitation or occupancy located within the city shall be
connected to the wastewater collection system. by tho city.
a. City service lateral maintenance responsibilities:
L. Service Laterals within Street or Allevwav riqht-of ways:
That portion of the service lateral. from the connection point
at the qravitv main, toward the residence or business, to a
point three feet, (3'), behind the back of curb or edqe of
pavement where no curb exists.
!h Service Laterals within Utilitv Easements: That portion of the
service lateral, from the centerline of the sanitary sewer
pipeline. three feet toward the residence or business.
b. Privatelv Owned service lateral maintenance responsibilities:
L. That portion of the service lateral from the end of the city
service lateral maintenance responsibilities described above. to the
structure or residence.
Such buildings located outside the city and served by the city water system and to
which the city wastewater collection system is reasonably available may connect to
such system upon application to and approval by the city manager and on payment of
connection fees and monthly service charges as established by the city commission
council for such outside property. However, such buildings located outside the city shall
be connected to the wastewater collection system only upon annexation of the property
into the city or, if the property cannot lawfully be annexed, upon execution by the
property owner and the city of an agreement to annex the property when annexation
may lawfully occur. Each such agreement shall constitute a covenant running with the
land and shall be subject to recordation in the public records of the county.
(2) Certificate of occupancy. No certificate of occupancy shall be issued for any building
within the city unless a wastewater collection system connection has been made
thereto, unless the building services division development & neiqhborhood services
department shall find that the wastewater collection system is not reasonably available
and will not be available by the time that the building is ready for use.
(Code 1980,953.20; Ord. No. 5065,9 1, 1-3-91)
Cross References: Annexation, ch. 37; buildings and building regulations, ch. 47.
Section 9. Sec. 32.185. Code of Ordinances, City of Clearwater, is amended to
read as follows.
8
Ordinance No. 7573-06
See 32.185 Same--Notice, term for compliance.
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Cross References: ch. 37; buildinQs and buildinQ reQulations, ch. 47.
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Section 10. Sec. 32.187. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.187. Same--Conditions.
(1) It shall be unlawful for any person other than an agent of the city to tap, cut or use
the wastewater collection system or appurtenance thereof, or make any connection
thereto without first obtaining a written permit from the city and paying all applicable
rates~ aM charges, and fees.
@} The fees prescribed must be paid at the time a plumbinq permit is issued by
the development & neiqhborhood services department.
(2) Any person who desires to connect his property, place of business or residence with
the wastewater collection system of the city shall comply with the provisions of this
article and shall pay the connection charges. See appendix A to this Code.
(a) Any person who desires to move the existinQ or add an additional connection to
his property. place of business or residence with the wastewater collection system of
the city shall comply with the provisions of this article and shall pay the connection
charQes. See appendix A to this Code.
(b) All funds received bv the Citv as sewer impact fees shall be kept in a separate
account. and such funds may only be used as appropriated by the City Council in
payment for capital improvements pertaininq to wastewater force mains. trunk lines.
pumpinQ stations and the treatment and disposal of wastewater or for debt service
requirements in connection with such capital improvement as specified in this
section.
(3) Tapping of all wastewater collection mains and service connections connection ffem
the mains to the curbline of private property within street riQht of ways or utility
easements shall be done and installed by the public service division public utilities
department.
@} Title to all connections and services from the sewer main to the curb line
three. (3). feet beyond the back of curb line or edqe of pavement. is vested in the city,
9
Ordinance No. 7573-06
and the connections and services shall at all times so remain and shall not be
trespassed upon or interfered with in any respect. This property shall be maintained by
the public servico division public utilities department. and may be removed or changed
by it at any time.
(b) Title to all connections and services from the centerline of the sewer main to
three. (3). feet toward the residence or business. is vested in the city. and the
connections and services shall at all times so remain and shall not be trespassed
upon or interfered with in any respect. This property shall be maintained bv the
Public Utilities Department. and may be removed or chanoed bv it at any time.
(4) The public service division public utilities department shall furnish and install
necessary pipe, fittings and equipment to provide the requested tap. service in
accordance with the provisions of the plumbing code.
(5) Redevelopment. When redevelopment of property impacts the capacity of the
existino wastewater collection system to the point that uporades are needed to meet
required capacity. there shall be an assessment to the entity redevelopino the property.
for the costs necessary to upqrade the wastewater collection system to accommodate
the redevelopment.
(5) The fees prescribed must be paid at the time a plumbing permit is issued by the
building services division.
(6) All funds received by the city as sewer tap fees shall be kept in a separate account
and such funds may only be used as appropriatod by the city commission in payment
for capital improvements pertaining to \".'aste'Nater force mains, trunk lines, pumping
stations ~md the treatment and disposal of waste'Nater or for debt service requiremonts
in connection with such capital improvement as specified in this section.
(Code 1980, SS 53.02, 53.04; Ord. No. 5065, S 1, 1-3-91)
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Section 11. Sec. 32.198. Code of Ordinances, City of Clearwater, is added as
follows.
Sec. 32.198. General sewer use reauirements.
(1) Prohibited discharoe standards.
(a) General prohibitions. No user shall introduce or cause to be introduced into
the POTW any pollutant or wastewater which causes pass throuoh or
interference. These qeneral prohibitions applv to all users of the POTW whether
10
Ordinance No. 7573-06
or not they are subiect to cateQorical pretreatment standards or any other
national, state. or local pretreatment standards or requirements.
(1.) The followinq acts and the causinq thereof are strictly prohibited:
(j) The intentional or accidental release or discharqe of sewaqe,
other wastewater or residuals without providinq proper treatment to
the surface of the around or to a surface water body.
(ii) The introduction of. or causinq to be introduced, directly or
indirectly. stormwater. in any amount. into any
collection/transmission system desiqned solely for the conveyance
of domestic/industrial wastewater.
(iii) A combined inflow and/or infiltration at any time in a Privately-
Owned Collection and Transmission System that exceeds 100
qallons per inch of pipe diameter per day per mile of pipe and
laterals. pursuant to Chapter 30. Part 33.94 of the "Recommended
Standards for Wastewater Facilities", 2004 Edition. or most current
edition.
Ref: Section 32.212 sub section 12, in Division IV, Pretreatment Standards.
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Section 12. XXIV, APPENDIX A, Code of Ordinances. City of Clearwater, is
amended as follows.
XXIV. UTILlTIES--GENERAL INFORMATION AND DEPOSITS:
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(2) Deposits for service:
(a) Water:
1. Domestic water service. Each meter service shall be secured by a
minimum deposit of $20.00 or two timos the minimum monthly charge or
two times the average monthly bill for domestic water service, whichever
is greatest. Each meter service shall be secured by a minimum deposit of
two times the minimum monthly charqe or two times the averaqe month Iv
bill for _910\\919r GOIl9clio,,[ervice, whichever is greater.
LV 0.."'\ e.r
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Ordinance No. 7573-06
2. Lawn water service. Each lawn meter service shall be secured by a
minimum deposit of $20.00 or tv.'o times tho minimum monthly charge or
two times the average monthly bill for h.-In water service, whichever is
greatest. Each lawn meter service shall be secured bv a minimum deposit
of two times the minimum month Iv charqe or two times the averaqe
monthlv bill for wastewater GOlleotiOfl...[ervice. whichever is qreater.
l~ \J..'~
3. Reclaimed water service. Each reclaimed water service aooount shall
be secured by a minimum deposit of $20.00 or t\A"O times the minimum
monthly charge or two times the averago monthly bill for roclaimed water
service, whichever is greatest. Each reclaimed water service shall be
secured bv a minimum deposit of two times the minimum month Iv charqe
or two times the avera e month I bill for . ervice
whichever is qreater. \- I . eJ
FeClQ.ln') _
L~..:lo.;\- iW"
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Section 13. XXV, APPENDIX A, Code of Ordinances, City of Clearwater, is
amended as follows.
XXV. PUBLIC WORKS--FEES, RATES AND CHARGES (~32.068)
(1) Impact Fees:
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(d) Reclaimed water system connection fee:
1. Standard connection assemblv (tap. service lines. valve. and hose
bib when required, installed at the point of connection), to be furnished and installed bv
the city: No chame.
2. Nonstandard connection assemblv: Actual cost of materials.
equipment. labor and overhead.
3. When backflow prevention device on potable water supplv is
required: As established in Appendix A to this Code.
(2) Connection charges, fees and taps on mains. The following charges and fees
shall be payable to the city upon application and prior to the work beino completed:
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Ordinance No. 7573-06
Fire Hydrant Installation
Charge for furnishing and installing one fire hydrant exclusive of the required tap
and charge for such tap. . . $775.00
Charges for any hydrants that are not adjacent to the main or that require
additional piping, restoration, materials or labor shall be increased by actual
material and labor costs, plus overhead.
(b) Wastewater connection fee:
1. Connection fee shall include the actual cost of materials. equipment.
labor and overhead required to provide a sanitary sewer connection to
the reQuestina property.
2. The connection fee shall be estimated by the public utilities
department for each wastewater connection request.
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(4) Miscellaneous additional charges:
(a) Applicable during normal working hours:
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14. Reclaimed water re-inspection (no charge for initial or first re-
inspection.
!ill The charaos in tho procedina table will bo doublod for servicos betwoon '1 :30
p.m. and 8:00 a.m. on workdays and all day durina holida'/s and weekonds.
15. Fire hydrant flow test. . . . 50.00
16. Water main offset installation - Time and materials
(b) Eveninas. weekends and holidavs: Overtime surcharae for all work includina
installation. service and repair. maintenance. and call-out turn-ons (as
requested by the customer for eveninQs. weekends. and holidays) . . . Double
normal charae
(5) Other miscellaneous charges
(a) Water:
1. Unauthorized water system use: For any use of water, unauthorized, per
occurrence. . . 100.00 500.00
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Ordinance No. 7573-06
2. Bypass: Ten percent of average monthly bill for each day since last
reading.
3. Broken stop locks on water meters. . . ~ 25.00
4. Repair or replace tampered or damaged meter or any other part of the
water system: $20.00 $25.00 plus labor and materials. To relocate water
meter: Time and materials.
5. Unauthorized use of fire hydrants. . . 200.00 500.00
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Section 14. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor-Councilmember
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
14
Ordinance No. 7573-06
~:\'d.'~
\'~.'-i\ ~ ct.f'\
...-
ORDINANCE NO. 7573-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO WATER AND WASTEWATER COLLECTION;
AMENDING CODE OF ORDINANCES, SECTION 32.095, ADDING
PROVISION FOR REDEVELOPMENT; SECTION 32.132,
REFERENCE CHANGE AND MINOR CONTENT UPDATES;
SECTION 32.138, REFERENCE CHANGE; SECTION 32.140,
ADDING FACILITIES REQUIRING DEVICES AND
RENUMBERING; SECTION 32.181, RENUMBERING AND
ADDING PRIVATE SYSTEM RESPONSIBILITIES; SECTION
32.182, DESCRIBING SERVICE REQUESTOR, LENGTHENING
PAYMENT INCREMENT ALLOWANCE AND MINOR CONTENT
UPDATES; SECTION 32.183, ADDING NEW AND ENHANCING
EXISTING DEFINITIONS FOR CLARIFICATION IN FUTURE
SECTIONS; SECTION 32.184, MINOR CONTENT UPDATES
DESCRIBING RESPONSIBILITIES; SECTION 32.185 ADDED
CROSS REFERENCES; SECTION 32.187, ADDING
RESPONSIBILITY CLARIFICATIONS, ADDING PROVISION FOR
REDEVELOPMENT, DELETING FUNDS APPROPRIATION
REQUIREMENT, UPDATING A REFERENCE AND MINOR
CONTENT UPDATES AND FORMATTING CHANGES; SECTION
32.198, ADDING GENERAL SEWER USE REQUIREMENTS
SUPPORTING DIVISION 2 PRETREATMENT AND DISCHARGE
RESTRICTIONS; APPENDIX A, XXIV, AMENDING WATER
SERVICES DEPOSITS; APPENDIX A, XXV, AMENDING WATER,
RECLAIMED WATER IMPACT FEES AND WASTEWATER
CONNECTION FEE CRITERIA AND CHARGES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA.
Section 1. Sec. 32.095. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.095. Tapping and connection.
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(7) Redevelopment. When redevelopment of property impacts the capacity of the
existina water systems to the point that upqrades are needed to meet required capacity.
there shall be an assessment to the entity redevelopina the property. for the costs
necessary to uparade the water systems to accommodate the redevelopment.
Ordinance No. 7573-06
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Section 2. Sec. 32.132. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.132. Standards.
In compliance with chapter 17 55562-555.360, Florida Administrative Code, of the
department of environmental regulation protection, the city commission council finds it
necessary for the health, safety and welfare of the water utility customers and the
general public to adopt cross connection control standards which establish the
requirements for the design, construction and maintenance of connections to the public
water supply. These standards are supplemental to the backflow prevention device
requirements of the standard plumbing code under which the city operates.
(Code 1980, S 52.30; Ord. No. 5064, S 1, 1-3-91)
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Section 3. Sec. 32.138. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.138. Backflow prevention devices-Generally.
The type of backflow prevention device required shall depend upon the degree of
hazard as described in AWWA Manual M-14 (4-QOO2004 edition), which is adopted by
reference as if set forth in this section, or as described below. Where more than one
type of device is available, the actual type utilized shall be as determined by the water
division subsequent to physical inspection of the hazard.
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Section 4. Sec. 32.140. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.140. Same-Facilities requiring.
(1) The ':.'3ter division public utilities department shall have the final decision as to
which facilities will require backflow preventer installations and the type of device, when
required.
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Ordinance No. 7573-06
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(2) The following is a list of facilities for which reduced-pressure-principle backflow
preventers shall be required:
. Aircraft & missile plants:
. Airports;
. Automotive plants:
. W Automatic carwashes;
. ~ Automotive service stations and repair shops (See note A);
. W Auxiliary water systems; Beveraoe bottlino plants:
. {G1 Boat docks, boat launch sites and repair facilities for five or more
boats;
. Canneries:
. ~ Chemical manufacturing or handling facilities;
. Chilled water systems:
. Cold storaqe plants:
. Dairies:
. HLDoctor, dental, and veterinarian offices;
. ffliExterminators;
. W Facilities with boilers or chilled water systems;
. Fertilizer manufacturinq plants:
. ffLFilm processing laboratories (See note A);
. ill Greenhouses and nurseries;
. Heatinq or coolino coils submerqed in contaminants:
. W Hospitals, medical buildings, morgues, mortuaries, autopsy
facilities, nursing and convalescent homes, medical clinics, blood
handling facilities and kidney dialysis facilities;
. fI1 Laboratories (industrial, commercial, medical and school);
. tmtLaundries and dry cleaners;
. W Metal manufacturing, cleaning, plating, processing and fabricating
plants;
. Motion picture studios:
. Nuclear and radioactive materials production facilities:
. Oil or qas production. storaoe or transmission properties:
. Packino houses and reduction plants:
. Paper and paper products plants:
. Platino plants:
. Power plants:
. ~ Radiator shops;
. Radioactive materials or substances. plants or facilities handlino,
restricted, classified or other closed facilities:
. Rubber plants:
. Sand and qravel plants;
. Stormwater pumpino facilities:
. flli.. Travel trailer and mobile home parks;
. ~ Wastewater treatment facilities and lift stations;
. ff) Water treatment facilities;
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Ordinance No. 7573-06
. Waterfront facilities and industries;
. @lAny other location where a potential or actual backflow or
backsiphonage condition exists, with a resulting threat to the public
potable water supply.
(3) The following is a list of facilities for which double checkvalve assemblies shall be
required:
. Apartments;
. W Beauty parlors and barbershops;
. ~ Buildings over five stories or with booster pump (See note A);
. Hotels;
. ~ Irrigation systems, 1 1/2-inch or larger;
. Motels;
. ~ Restaurants and food handlers (See note A);
. ~ Swimming pools (nonresidential);
. (B Any other location where a potential or actual backflow or
backsiphonage condition exists, with a resulting threat to the public
potable water supply.
Note A: Unless protected by internal backflow prevention devices to the satisfaction of
the water division public utilities department and the plumbing official.
(Code 1980, 9 52.36; Ord. No. 5064, 9 1, 1-3-91)
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Section 5. Sec. 32.181. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.181. Unified system.
(1) The present wastewater collection system of the city, together with any and all
extensions thereof and replacements thereto, and the wastewater treatment plants now
operated by the city and any and all such plants hereafter acquired and operated by the
city are hereby established and declared to be a public utility for the use and benefit of
the city in the maintenance of public health, welfare and sanitation throughout the city.
The system shall be controlled, operated and maintained as provided in section 32.001.
See appendix A to this Code for deposit, fees and rate schedules.
(2) The public utilities department will assist in the abatement of blockaQes and
overflow events within privately owned and operated wastewater collection systems.
4
Ordinance No. 7573-06
usino Best Manaoement Practices when necessary. to protect the health. welfare. and
environment of the citizens of the city. (Ref. 32.183.2) Costs of providino assistance in
the abatement of blockaqes and overflows within privately owned and operated systems
will be assessed to the owner/operator of the private system. Costs will be determined
by a Time and Materials invoice. (Ref. 32.183.13)
(Code 1980, ~ 53.01; Ord. No. 5065, ~ 1, 1-3-91)
Section 6. Sec. 32.182. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.182. Service outside corporate limits.
(1) The city shall have the power to install, improve and maintain wastewater collection
lines and facilities outside of the corporate limits of the city and to assess the abutting
property requestino service of so benefited by such facilities under the following
conditions:
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(2) After the completion of the construction of the wastewater collection lines and
facilities, the city shall assess the actual cost thereof against the property reQuestinq
service abutting the lines and facilities, which costs shall be itemized and subject to
audit. If the assessments are not paid within 30 days of the making thereof, the city may
at any time thereafter issue certificates of indebtedness against the abutting property for
such assessments or parts thereof as are unpaid, such certificates to be payable in not
less than three nor more than teR-twenty equal annual installments, or more frequently
as may be determined by the city commission council, and shall bear interest at a rate
of return authorized by law until paid, which certificates shall constitute and be a prior
lien to all other liens, except the lien for taxes. The certificates shall be processed and
administered in accordance with sections 124, 125, 126 and 127 of Laws of Florida of
1923, ch. 9710, which shall provide that the method of collecting special improvement
assessments on property within wastewater collection project areas shall be the same
as that followed on property situated within the corporate limits of the city.
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Section 7. Sec. 32.183. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.183. Definitions.
5
Ordinance No. 7573-06
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Abnormal strength \'.'asto. \^!asto h:3ving a high degreo of
concentration of permissible 'N:3ste m:3teri:31 per unit volume of '''.'aste'A'ater
discharged by the customer. More specific:3l1y, Abnormal strength waste
shall be waste containing a BOD greater than 300 mg/l, suspended solids
greater than 300 mg/l, or:3 COD gro:3ter than 400 mg/1.
(1) Adequate Treatment Capacity. The capability of the Wastewater
Facility (WWF). after receivinQ flow from a sewer service connection. to
adequately treat the wastewater distributed in compliance with the rules
and reQulations defined in the Code of Federal ReQulations. Title 40. Part
123.45. Appendix A.
(2) Best ManaQement Practices (BMPs). Schedule of activities. prohibitions
of practices, maintenance procedures. and other manaQement practices.
which include treatment requirements. operatinQ procedures. practices to
control plant site run-off. spillaQe and leaks. sludQe and/or waste disposal.
drainaQe from raw material storaQe. and prevention or reduction of the
pollution of waters of the State of Florida.
ill BOD or biochemical oxygen demand.:-, Me:3ns the The quantity of
oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedures in five days at 20 degrees Celsius,
expressed in milligrams per liter.
!1LCOD or chemical oxygen demand.:-, Me:3ns the The measurement of
the oxygen-consuming capacity of inorganic and organic matter present in
wastewater as determined according to standard methods, expressed in
milligrams per liter.
(5) Force Main. A pipe which transports wastewater from a buildinQ. residence.
or facility under pressure from the discharqe side of a pump to a point of qravitv
flow.
(6) Infiltration. The water enterinQ the wastewater collection system and/or
service connections from the Qround. throuQh such means as. but not limited to:
. Defective pipes. pipe ioints. connections. or manhole walls. Defective is
used to describe both poorly constructed and deterioratinq structures.
Infiltration does not include and is distinquished from inflow.
(7) Inflow. Water discharQed to the wastewater collection system. includinQ
service connections. from such sources. but not limited to:
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Ordinance No. 7573-06
. Roof leaders. yard and area drains. crushed laterals. foundation drains.
coolino water discharae. drains from sprinos or swampy areas. manhole
covers. cross connections from storm systems. stormwater. surface runoff.
street wash water; or drainaae. Inflow does not include and is
distinauished from infiltration.
(8) Inflow and Infiltration (1&1). The combination of flows attributed to inflow
and infiltration as defined above.
(9) Overflow. The discharoe of untreated sewaoe or partially treated
wastewater from any publicly or privately owned collection and
transmission system or WWF to the surface of the oround or to a surface
water body.
(10) Pollution. The presence in the outdoor atmosphere or waters of the
state of any substances. contaminants. noise. or man-made or man-
induced alteration of the chemical. physical. biolooical. or radiolooical
inteority of air or water in auantities or levels which are. or may be.
potentially harmful or iniurious to human health or welfare. animal or plant
life. or property. includino outdoor recreation.
(11) Service Lateral Connection. The pipe(s) which transport wastewater from a
buildino. residence. or facility to a publicly or privately-owned pumpina station or
sanitary sewer system.
(12) Stormwater. Any form of rainwater. snowmelt. surface and/or street
drainaoe. and/or run-off.
(13) Time and Materials Invoice. An invoice includina employee time.
materials. contractors or any other costs related to the invoice and reauired
to complete the iob.
(14) Wastewater Facility (WWF) or Publicly Owned Treatment Works
(POTW). Any or all of the followino: A collection/transmission system. a
wastewater treatment plant. or a reuse and disposal system that is owned
and operated by any municipality. or Pinellas County. and is permitted by
the State of Florida to convey. treat. or dispose of sanitary sewaoe.
(Ord. No. 5065, S 1, 1-3-91)
Cross Reference- Definitions and rules of construction generally, S 1.02.
Section 8. Sec. 32.184. Code of Ordinances, City of Clearwater, is amended to
read as follows.
7
Ordinance No. 7573-06
See 32.184. Connections--Required.
(1) Within, without city. Except as specifically provided in this article, all buildings
designed or used for human habitation or occupancy located within the city shall be
connected to the wastewater collection system. by the city.
a. City service lateral maintenance responsibilities:
1 Service Laterals within Street or Allevway rioht-of ways:
That portion of the service lateral. from the connection point
at the oravity main, toward the residence or business, to a
point three feet. (3'), behind the back of curb or edoe of
pavement where no curb exists.
ii. Service Laterals within Utility Easements: That portion of the
service lateral. from the centerline of the sanitary sewer
pipeline, three feet toward the residence or business.
b. Privately Owned service lateral maintenance responsibilities:
1 That portion of the service lateral from the end of the city
service lateral maintenance responsibilities described above, to the
structure or residence.
Such buildings located outside the city and served by the city water system and to
which the city wastewater collection system is reasonably available may connect to
such system upon application to and approval by the city manager and on payment of
connection fees and monthly service charges as established by the city commission
council for such outside property. However, such buildings located outside the city shall
be connected to the wastewater collection system only upon annexation of the property
into the city or, if the property cannot lawfully be annexed. upon execution by the
property owner and the city of an agreement to annex the property when annexation
may lawfully occur. Each such agreement shall constitute a covenant running with the
land and shall be subject to recordation in the public records of the county.
(2) Certificate of occupancy. No certificate of occupancy shall be issued for any building
within the city unless a wastewater collection system connection has been made
thereto, unless the building sorvices division development & neiohborhood services
department shall find that the wastewater collection system is not reasonably available
and will not be available by the time that the building is ready for use.
(Code 1980, 9 53.20; Ord. No. 5065, 9 1, 1-3-91)
Cross References: Annexation, ch. 37; buildings and building regulations, ch. 47.
Section 9. Sec. 32.185. Code of Ordinances, City of Clearwater, is amended to
read as follows.
8
Ordinance No. 7573-06
See 32.185 Same--Notice, term for compliance.
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Cross References: ch. 37: buildinqs and buildinq requlations, ch. 47.
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Section 10. Sec. 32.187. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.187. Same--Conditions.
(1) It shall be unlawful for any person other than an agent of the city to tap, cut or use
the wastewater collection system or appurtenance thereof, or make any connection
thereto without first obtaining a written permit from the city and paying all applicable
rates~ aR€l- charges, and fees.
@} The fees prescribed must be paid at the time a plumbina permit is issued by
the development & neiahborhood services department.
(2) Any person who desires to connect his property, place of business or residence with
the wastewater collection system of the city shall comply with the provisions of this
article and shall pay the connection charges. See appendix A to this Code.
(a) Any person who desires to move the existina or add an additional connection to
his property. place of business or residence with the wastewater collection system of
the city shall comply with the provisions of this article and shall pay the connection
charaes. See appendix A to this Code.
(b) All funds received by the City as sewer impact fees shall be kept in a separate
account, and such funds may only be used as appropriated by the City Council in
payment for capital improvements pertainina to wastewater force mains. trunk lines.
pumpina stations and the treatment and disposal of wastewater or for debt service
requirements in connection with such capital improvement as specified in this
section.
(3) Tapping of all wastewater collection mains and service connections connection fmm
the mains to the curblino of private property within street riaht of ways or utility
easements shall be done and installed by the public service division public utilities
department.
@} Title to all connections and services from the sewer main to the curb line
three, (3), feet beyond the back of curb line or edae of pavement. is vested in the city,
9
Ordinance No. 7573-06
and the connections and services shall at all times so remain and shall not be
trespassed upon or interfered with in any respect. This property shall be maintained by
the public service division public utilities department. and may be removed or changed
by it at any time.
(b) Title to all connections and services from the centerline of the sewer main to
three. (3). feet toward the residence or business, is vested in the city. and the
connections and services shall at all times so remain and shall not be trespassed
upon or interfered with in any respect. This property shall be maintained bv the
Public Utilities Department, and may be removed or chanqed by it at any time.
(4) The public service division public utilities department shall furnish and install
necessary pipe, fittings and equipment to provide the requested tap. service in
accordance 'Nith the provisions of the plumbing code.
(5) Redevelopment. When redevelopment of property impacts the capacity of the
existinq wastewater collection system to the point that upqrades are needed to meet
required capacity, there shall be an assessment to the entity redevelopinq the property.
for the costs necessary to upqrade the wastewater collection system to accommodate
the redevelopment.
(5) The fees prescribed must be paid at the time a plumbing permit is issued by the
building services division.
(6) All funds received by the city as sewer tap fees shall be kept in a separate account
and such funds may only be used as appropriated by the city commission in payment
for capital improvements pertaining to wastewater force mains, trunk lines, pumping
stations and the treatment and disposal of wastewater or for debt service requirements
in connection with such capital improvement as specified in this section.
(Code 1980,9953.02,53.04; Ord. No. 5065, 91,1-3-91)
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Section 11. Sec. 32.198. Code of Ordinances, City of Clearwater, is added as
follows.
Sec. 32.198. General sewer use reauirements.
(1) Prohibited discharqe standards.
(a) General prohibitions. No user shall introduce or cause to be introduced into
the POTW any pollutant or wastewater which causes pass throuqh or
interference. These qeneral prohibitions applv to all users of the POTW whether
10
Ordinance No. 7573-06
or not they are subiect to cateQorical pretreatment standards or any other
national. state. or local pretreatment standards or requirements.
(1.) The followinq acts and the causinq thereof are strictly prohibited:
(i) The intentional or accidental release or discharqe of sewaqe,
other wastewater or residuals without providinq proper treatment to
the surface of the qround or to a surface water body.
(ii) The introduction of. or causinq to be introduced. directly or
indirectly. stormwater. in any amount. into any
collection/transmission system desiqned solely for the conveyance
of domesticlindustrial wastewater.
Wi) A combined inflow and/or infiltration at any time in a Privately-
Owned Collection and Transmission System that exceeds 100
qallons per inch of pipe diameter per day per mile of pipe and
laterals. pursuant to Chapter 30. Part 33.94 of the "Recommended
Standards for Wastewater Facilities", 2004 Edition. or most current
edition.
Ref: Section 32.212 sub section 12. in Division IV. Pretreatment Standards.
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Section 12. XXIV, APPENDIX A, Code of Ordinances, City of Clearwater, is
amended as follows.
XXIV. UTILlTIES--GENERAL INFORMATION AND DEPOSITS:
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(2) Deposits for service:
(a) Water:
1. Domestic water service. Each meter service shall be secured by a
minimum deposit of $20.00 or two times the minimum monthly ch3rge or
two times the aver3ge monthly bill for domestic w3ter service, whichever
is greatest. Each meter service shall be secured by a minimum deposit of
two tim~~~~~w.!~iW.~rT1.rT1~~~~ly~;~~~~~.\~~ two times the averaqe monthly
bill for ....'sste.1Jater\coHectionwatel0l..sellXlice. whichever is qreater.
11
Ordinance No. 7573-06
2. Lawn water service. Each lawn meter service shall be secured by a
minimum deposit of $20.00 or P.\'o times tho minimum monthly charge or
two times the average monthly bill for lawn water service, '.\'hichever is
greatest. Each lawn meter service shall be secured by a minimum deposit
of two times th~.~!n.i~,.~~..~8n.~.~,!~..~~~~~~v8~..:'8 times the averaqe
monthly bill for ~'laste'''13tar'bonciotion.lllaWlllli.lwater service, whichever is
qreater.
3. Reclaimed water service. Each reclaimed '.vater service account shall
be socured by a minimum deposit of $20.00 or t\~.(0 times the minimum
monthly charge or two times the average monthly bill for reclaimed water
service, whichever is greatost. Each reclaimed water service shall be
secured by a minimum deposit of two tim'~'~"'!'~~~.!~!'~~"~i~8,~,!.~.!.~.,..~.~.~,~~~
or two times the averaqe monthly bill for 'l.'3sfe..1'lafarcollanlion':reclaimed
water service. whichever is qreater.
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Section 13. XXV, APPENDIX A, Code of Ordinances, City of Clearwater, is
amended as follows.
XXV. PUBLIC WORKS--FEES, RATES AND CHARGES (S 32.068)
(1) Impact Fees:
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(d) Reclaimed water system connection fee:
1. Standard connection assembly (tap. service lines. valve. and hose
bib when required. installed at the point of connection), to be furnished and installed by
the city: No charqe.
2. Nonstandard connection assembly: Actual cost of materials.
equipment. labor and overhead.
3. When backflow prevention device on potable water supply is
required: As established in Appendix A to this Code.
(2) Connection charges, fees and taps on mains. The following charges and fees
shall be payable to the city upon application and prior to the work beina completed:
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12
Ordinance No. 7573-06
Fire Hydrant Installation
Charge for furnishing and installing one fire hydrant exclusive of the required tap
and charge for such tap. . . $775.00
Charges for any hydrants that are not adjacent to the main or that require
additional piping, restoration, materials or labor shall be increased by actual
material and labor costs, plus overhead.
(b) Wastewater connection fee:
1. Connection fee shall include the actual cost of materials. equipment.
labor and overhead required to provide a sanitary sewer connection to
the reQuestinQ property.
2. The connection fee shall be estimated by the public utilities
department for each wastewater connection request.
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(4) Miscellaneous additional charges:
(a) Applicable during normal working hours:
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14. Reclaimed water re-inspection (no charge for initial or first re-
inspection.
i;ll The Ch3rQeS in the precedinQ table will be doubled for services between '1:30
p.m. 3nd 8:00 3.m. on workd3Vs 3nd 311 d3v durinQ holidavs and v.'eekends.
15. Fire hydrant flow test. . . . 50.00
16. Water main offset installation - Time and materials
(b) Eveninas. weekends and holidavs: Overtime surcharQe for all work includinQ
installation. service and repair. maintenance. and call-out turn-ons (as
requested by the customer for eveninQs. weekends, and holidays) . . . Double
normal charae
(5) Other miscellaneous charges
(a) Water:
1. Unauthorized water system use: For any use of water, unauthorized, per
occurrence. . . 100.00 500.00
13
Ordinance No. 7573-06
2. Bypass: Ten percent of average monthly bill for each day since last
reading.
3. Broken stop locks on water meters. . . ~ 25.00
4. Repair or replace tampered or damaged meter or any other part of the
water system: $20.00 $25.00 plus labor and materials. To relocate water
meter: Time and materials.
5. Unauthorized use of fire hydrants. . . 200.00 500.00
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Section 14. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor-Councilmember
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
14
Ordinance No. 7573-06
<C~~:i:5\-7
\~.3
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City Council
~g~~~v~r Memora~_~.~"I!!,,_,,_~
Tracking Number: 1,786
Actual Date: 12/15/2005
Subject / Recommendation:
Award a contract to Westra Construction, Inc. of Palmetto, Florida for construction of the
Coronado Drive Improvements (03-0079-ED) in the amount of $9,850,253.22 which is the
lowest responsive bid received in accordance with the plans and specifications; and approve a
work order to Post, Buckley, Schuh & Jernigan, Inc. for construction engineering and inspection
services in the amount of $469,789.75. (consent)
Summary:
Construction plans for the Beach Walk project were completed in July 2005. The entire 3 Y2
year project was subsequently advertised for bid. Bids were opened on August 17, 2005. Two
bids were received, one for approximately $25 M and one for approximately $27 M.
Staff evaluated various options for award of the contract including: award Phase One, Coronado
Drive, only; find additional funding sources and award the entire contract; negotiate a reduced
price with the low bidder; and rebid Phase One only.
In early September 2005 the Florida Department of Transportation notified the City that
awarding any portion of this bid before completion of an environmental study would jeopardize
almost $4 M in federal appropriations for the project. Based on this the decision was made to
rebid Phase One, Coronado Drive, only. As this phase is only one year in duration it was
anticipated that the bids would contain more stable pricing. This also preserves the federal
funding for phases two through four.
A total of two bids were received, Westra's low bid and one from R. E. Purcell Construction for
$10,550,555.84. The updated engineer's estimate for this phase of the project was $9,729,697.
Staff also requested an alternate bid based on allowing full closure of Coronado Drive rather
than maintaining two open lanes of traffic, as it was expected this could provide a lower cost due
to less maintenance of traffic required. The low bidder's price for this alternate was
$9,740,253.22. Since this only shows a savings of approximately $110,000 staff is not
recommending this alternative as it would require full support of the beach business community
which had previously been assured that two lanes of traffic would remain open.
Construction will start in January 2006 and be complete within one year. Future phases of the
project will be bid following Federal Highway Administration approval of the environmental
study.
Post, Buckley Schuh, and Jernigan's constructio
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City Council
Cover Memorandum
n division has been providing construction engineering and inspection services for high profile
City projects for over ten years with highly successful results. They have also worked diligently
with the City to complete this successful bid process for Phase One of Beach Walk.
Copies of the contract and work order are available for review in the Official Records and
Legislative Services office.
There is currently adequate funding in this project to award these contracts for Phase One of the
project. The City has validated the issuance of bonds to pay for part of the project. Staff has
prepared alternative funding options for a combination of bond and cash funding of the entire
project which is currently estimated to total $30.4 million. Staff recommends issuing bonds to
pay for approximately $14 million of the project, with the remaining $16.4 million to be paid
from developer contributions, grants, utility funds and other available funds. Direction from
Council is requested so that the bonding process can be initiated. Based upon Council direction
budget amendments will be processed to adjust project funding accordingly.
Originating: Engineering
Section Consent Agenda
Category: Construction Contracts - Public Works Originating
financial Information:
~ Capital Expenditure
Bid Required? Yes
In Current Year Budget?
Yes
Current Year Cost:
$10,320,042.97
Appropriation Code(s)
Amount
Comments
See attachment
12-06-2005 13:44:06
12-07-2005 09: 16:58
12-09-2005 13:22:47
12-06-2005 15:01:35
12-09-2005 13:24:33
12-06-2005 15:39:33
Review Approval
Michael Ouillen
Brvan Ruff
Bill Horne
Georae McKibben
Cvndie Goudeau
Tina Wilson
Cyndie Goudeau
City Council
,~",,~~,g,!:!!da C;,~y:er.~~~..I!!.~,.r!...!!,,~ u,,!!:!,,""'~_~""""@__,,~.,"w_
12-09-2005 13: 12: 55
CITY OF CLEARWATER
PBS&J WORK ORDER INITIATION FORM
PHASE I - CORONADO CE&I
Date: November 28, 2005
PBS&J Project No.
City Project No.:
1. PROJECT TITLE:
BeachWalk- Phase I Coronado Drive Improvements CE&I
2. SCOPE OF WORK:
Based on PBS&J's understanding of the project and our experience with the challenges of
infrastructure construction in the project locale, we have developed the following
minimum criteria for the scope of services as follows:
a. Provide a senior level Construction Management Representative, a Professional
Engineer for Shop Drawing Review, an Administrative AssistantJReceptionist
and one Senior Inspector (as needed) to monitor, inspect, photograph and
document the daily construction activities. Our Construction Management
Representative and Inspectors primary goal would be to confirm and document
construction compliance with the approved plans and specifications. In addition to
receptionist duties, the Administrative Assistant will handle all project
documentation including the tracking of pay quantities. Our Construction
Management Representative would have the additional responsibility as project
liaison to the local business owners along with the City's designated personnel.
b. Maintain complete and accurate project records of all activities relating to the
project.
c. Analyze the contractor's CPM schedule and make recommendations to the City
regarding it acceptability.
d. Prepare weekly status progress reports.
e. Maintain records of all sampling and testing and determine acceptability of
materials and completed work. (Note - material sampling and testing to be
provided by contractor)
f. Facilitate weekly progress meetings with the contractor, City, and all utilities for
project coordination and resolution.
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g. Review the contractor's monthly pay estimate, schedule update, and as-built plans
and make recommendation for payment to City.
h. Provide to the contractor interpretation ofthe project documents. Analyze
problems that arise on the project including changes to the plans and proposals
submitted by the contractor and make recommendations to the City's project
manager. If necessary, negotiate prices with the contractor and prepare change
order documentation.
1. Ensure that the contractor incorporates appropriate erosion and sedimentation
controls and include on daily inspection reports.
J. Provide a senior level Project Manager for project coordination and management
during the pre-construction meeting and throughout the project duration.
k. Provide a Florida Professional Engineer to review the Contractor's as-built
construction documents and utility certifications.
3. PROJECT GOALS:
The BeachWalk Improvements project consists of the replacement of the stormwater
drainage system, water main, sanitary and other enhancements to the infrastructure
including rebuilding of Coronado Ave.
The project site is extremely complicated due to the daily volume of traffic (primarily
tourists), the multitude of underground utilities, known and unknown, and the proximity
of the local business owners. The maintenance of traffic is to be coordinated in four
phases in an effort to meet new development schedules, to relieve the anticipated traffic
congestion and maintain access to all businesses.
Construction is anticipated to begin in January, 2006. Our staffing chart is based on a
January Notice to Proceed and a construction duration of 12 months. We have also
included time at the beginning for the Pre-Construction conference and at the end of the
proj ect for final close-out.
4. BUDGET:
A maximum fee of$ 469,789.75 has been established for this assignment.
5. SCHEDULE:
This assignment shall be completed within twelve (12) months after notice to proceed has
been received.
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6. PBS&J STAFF ASSIGNMENTS:
Joseph Alexander
Ben Doan, P.E.
Steve McCarty
(813) 282-7275
(813) 282-7275
(727) 638-1114
7. CORRESPONDENCEIREPORTING PROCEDURES:
All correspondence and reports shall be sent to Perry Lopez, City of Clearwater, 410 N.
Myrtle Avenue, Clearwater, Florida 33755
8. INVOICING/FUNDING PROCEDURES:
The budget for this work is a maximum of $ 469.789.75 based on actual time and direct
reimbursable costs expended. Invoicing Method A, Cost Times Multiplier, shall be used.
Invoices are to be mailed to the City of Clearwater, Attention: Perry Lopez, Construction
Manager, Clearwater, FL 33755.
PREPARED BY:
CITY
PBS&J
Ben W. Doan, P .E.
Vice President
Gary Johnson Date
Public Services Director
Date
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