01/19/2006
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Interoffice Correspondence Sheet
TO: Mayor and Councilmembers
FROM: Cyndie Goudeau, City Cler~
SUBJECT: Follow up from January 17, 2006 Work Session
COPIES: William B. Horne, City Manager
DATE: January 18, 2006
Aaenda City Council Meeting 01-19-06: Agenda provided.
Minutes 6.1 Minutes from City Council Meeting 12-15-05: Item added to agenda and paperwork
provided.
Item 8.1 Settlement Agreement - National Advertising: Ordianance, Settlement Agreement
and Exhibits included.
Item 8.3
Amendment to Development Agreement - Hyatt:
recommendation revised.
Resolution added and
Item 9.4
Continue passage of ORD 7546-06 re Old Florida District: Item added.
Item 9.5
Land Use and Zoning in Old Florida District: Recommendation revised to continue.
Item 11.7
Purchase of Kenworth Truck Chassis: Item added. Please note this is a
new item on the consent agenda. Item was overlooked during agenda
preparation and is considered routine.
Item 13.1
Adopt Res. 06-10, Supporting current makeup of TBRPC: Item added and
paperwork provided.
Item 13.2
Adopt Red 06-12, opposing outdoor advertising legislation: Item added and
paperwork provided.
1 of 1
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City Council Agenda
Date: 01/19/2006 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 Home and Neighborhood of the Quarter presentation
5.2 Business of the Quarter Award
5.3 Turkey Trot Department Awards and Gifts
6 Approval of Minutes
6.1 December 15, 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 a Settlement Agreement regarding National Advertising Company v. City of
Clearwter, Circuti Court Case NO. 00-003844-CI-011, consolidated with Lamar Whiteco
Outdoor Corporation v. Ctiy of Clearwater, Consolidated Circuit Court Case No.
00-001939-CI-020, and Pass Ordinance No. 7568-05 on first reading.
8.2 Approve amendments to the Community Development Code to implement revisions to
the Old Florida District on Clearwater Beach and pass Ordinance 7576-06 on first
reading. (TA2005-11004)
8.3 Approve an amendment to the Development Agreement between Crystal Beach
Capital, LLC (the property owner,) and the City of Clearwater (previously approved
DV A2004-00002 by City Council on December 2, 2004)for the development of the
Hyatt (aka Aqualea)and adopt Resolution 06-06.
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 Annexation, Future Land Use Plan Amendment from the County
Commercial General (CG) Category to the City Institutional (I) Category and Zoning
Atlas Amendment from the County C-2, General Retail Commercial and Limited
Services District to the City Institutional (I) District for 2190 NE Coachman Road (Lot
16, Pinellas Groves, Southeast 'Xi, Section 12, Township 29 South, Range 15 East);
and Pass Ordinance 7575-06, 7577-06 & 7578-06 on first reading.
(ANX2005-09033-LUZ2005-09011)
9.2 Approve the Annexation, Future Land Use Plan Amendment from County Residential
Suburban (RS) Category to City Residential Low Medium (RLM) Category and Zoning
Atlas Amendment from County Single-Family Residential District (R-1) and County
Agricultural Estate Residential (A-E) District to City Medium Density Residential (MDR)
District for 1551, 1555 and 1559 Union Street (Metes and Bounds 21/01,21/03 and
21/02 in Section 2, Township 29 South and Range 15 East); and PASS Ordinance No.
7579-06 to annex this property on first reading and PASS Ordinance Nos. 7580-06 &
7581-06 to amend the Future Land Use Plan Map and Zoning Atlas for this property on
first reading. (ANX2005-09034 and LUZ2005-09012)
9.3 Approve the Petition for Annexation, Future Land Use Plan Amendment from the
County Commercial General (CG) Category to the City Commercial General (CG)
Category and Zoning Atlas Amendment from the County C-2, General Retail
Commercial and Limited Services District to the City Commercial (C) District for 2380
Northeast Coachman Road (located on the north side of Northeast Coachman Road
and on the west side of Old Coachman Road, at the Northeast Coachman Road and
Old Coachman Road intersection, consisting of metes and bounds 24/01 and 24/02, a
portion of Section 7, Township 29 South, Range 16 East); and Pass Ordinance
7565-06,7566-06 & 7567-06 on first reading. (ATA2005-10001)
9.4 Continue passage of Ordinance 7546-06 on first reading, making amendments to
Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines to
March 2, 2006.
9.5 Continue passage of Ordinances 7547-06 and 7548-06 on first reading, amending the
Future Land Use Plan element of the Comprehensive Plan of the City and rezone
property generally located on Clearwater Beach between Mandalay Avenue and the
Gulf of Mexico between Kendall and the north side of Somerset Street east of
Mandalay Avenue in the Old Florida District as designated by Beach by Design, to
March 2, 2006.
10 Second Readings - public hearing
10.1 Adopt Ordinance 7569-06 on second reading, amending the Pooled Cash Investment
Policy.
10.2 Adopt Ordinance 7549-06 on second reading, annexing certain real property 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.
10.3 Adopt Ordinance 7550-06 on second reading, amending the Future Land Use Plan
element of the Comprehensive Plan of the City to designate the land use for certain
real property whose post office address is 1304 Springdale Street, upon annexation
into the City of Clearwater, as Residential Low.
10.4 Adopt Ordinance 7551-06 on second reading, amending the zoning atlas of the City by
zoning certain real property whose post office address is 1304 Springdale Street, as
Low Medium Density Residential (LMDR).
10.5 Adopt Ordinance 7552-06 on second reading, annexing certain real property whose
post office address is 1321 Lynn Avenue, into the corporate limits of the city and
redefining the boundry lines of the city to include said addition.
10.6 Adopt Ordinance 7553-06 on second reading, amending the Future Land Use Plan
element of the comprehensive plan of the City to designate the land use for certain real
property whose post office address is 1321 Lynn Avenue, as Residential Low.
10.7 Adopt Ordinance 7554-06 on second reading, amending the zoning atlas of the City by
zoning certain real property whosE post office address is 1321 Lynn Avenue, as Low
Medium Density Residential (LMDR)
10.8 Adopt Ordinance 7561-06 on second reading, annexing certain real property whose
address is 1842 Carlton Drive, into the corporate limits of the City and redefining the
boundary lines of the City to include said addition.
10.9 Adopt Ordinance 7562-06 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain real
property whose post office address is 1842 Carlton Drive, upon annexation in the City
of Clearwater as Residential Low.
10.10 Adopt Ordinance 7563-06 on second reading, amending the zoning atlas of the city by
zoning certain real property whose post office address is 1842 Carlton Drive, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
10.11 Adopt Ordinance 7555-06 on second reading, annexing certain real property 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.
10.12 Adopt Ordinance 7556-06 on second reading, amending the Future Land Use plan
element of the comprehensive plan of the City, to designate the land use for certain
real property, whose post office address is 1830 Carlton Terrace, into the City of
Clearwater, as Residential Low.
10.13 Adopt Ordinance 7557-06 on second reading, amending the zoning atlas of the City by
zoning certain real peoperty, whose post office address is 1830 Carlton Drive, into the
City of Clearwater, as Low Medium Density Residential (LMDR).
10.14 Adopt Ordinance 7558-06 on second reading, annexing certain real property 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.
10.15 Adopt Ordinance 7559-06 on second reading, amending the Future Land Use plan
element of the comprehensive plan of the City, to designate the land use for certain
real property whose post office address is 1836 Carlton Drive, as Residential Low
10.16 Adopt Ordinance 7560-06 on second reading, amending the zoning atlas of the City by
zoning certain real property whose post office address is 1836 Carlton Drive, into the
City of Clearwater as Low Medium Density Residential (LMDR).
10.17 Adopt Ordinance 7572-06 on second reading, vacating the storm sewer easement
described as a 15-foot easement beginning at a point approximately 686' south of the
centerline of Harn Boulevard and 500' west of the Centerline of U.S. Highway 19 North.
10.18 Adopt Ordinance 7574-06 on second reading, vacating a portion of the 60' right-of-way
of Second Ave. South and a portion of the 60' right-of-way of Third Ave. South, subject
to a drainage and utility easement which is retained over the full width thereof.
10.19 Adopt Ordinance 7573-06 on second reading, relating to water and wastewater
collection and amending Code of Ordinances, Sections 32.095, 32.132, 32.138,
32.140, 32.181-185, 32.187 and 32.198, and, Appendix A, XXIV, amending water
services deposits and Appendix A, XXV, amending water, reclaimed water impact fees
and wastewater connection fee criteria and charges.
10.20 Adopt 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, the Legal Description.
City Manager Reports
11 Consent Agenda
11.1 Approve the re-appropriation of $75,000 from retained earnings in the General Fund to
the Development and Neighborhood Services Department operating budget in order to
provide funding for outside contract services for Plans Review. (consent)
11.2 Declare the list of vehicles and equipment surplus to the needs of the City and
authorize disposal through sale to the highest bidder at the Tampa Machinery Auction,
Tampa, Florida. (consent)
11.3 Establish a scholarship for the Clearwater Nagano High School Exchange Program;
approve funding of $5,000; and transfer funds from retained earnings to the Nagano
Project Code 0181-99928 at mid-year. (consent)
11.4 Approve a one-year extension agreement from February 1, 2006 through January 31,
2007, between the City of Clearwater and The Winning Inning Inc., for the use and
operation of the Jack Russell Memorial Stadium and Complex and authorize the
appropriate officials to execute same. (consent)
11.5 Award a contract for one(1) 600kw Caterpillar Generator and 1000 amp ASCO
Transfer Switch to Ring Power of Riverview, FL for the sum of $103,840.00 based on
GSA Contract # GS-07F-5666R and that the appropriate officials be authorized to
execute same. (consent)
11.6 Award a contract to Ring Power of Riverview, FL for the purchase of one (1) Caterpillar
P6000-D fork lift, one (1) Caterpillar C-5000-LP fork lift, one (1) Manitou 8000# fork lift
and one (1) Manitou 6000# fork lift at a total cost of $144,823.60 and that the
appropriate officials be authorized to execute same. (consent)
11.7 Award a contract for the purchase of two 2006 Kenworth T800 Truck Chassis with
Galbreath U5-0R-174 Roll Off Hoist to Kenworth of Central Florida for the sum of
$259,115.14 through the Florida Sheriffs Association Contract #05-13-0822 and
authorize the lease purchase of both vehicles and that the appropriate officials be
authorized to execute same.
11.8 Approve the final plat for "SUNSET POINT TOWNHOMES" located approximately 250
feet West of U.S. 19 and 1000 feet north of Sunset Point Road. (consent)
11.9 Accept a Fire Hydrant and Utility Easement containing 715 square feet, more or less,
over and across a portion of Lot 1, block 1, J. J. MUGGS SUBDIVISION, conveyed by
K B Investments Holdings, Ltd., a Florida limited partnership, in consideration of receipt
of $1.00 and the benefits to be derived therefrom. (consent)
11.10 Approve an extension to the work order for PBS&J, an Engineer of Record, of Tampa,
Florida for the Myrtle Avenue Roadway and Drainage Improvements Project in the
amount of $98,054.73 for Construction Engineering and Inspection services for the
duration of construction. (consent)
11.11 Approve the 2006 Federal Legislative Package. (consent)
11.12 Ratify and confirm the addendum to the contract with Pennington, Moore, Wilkinson,
Bell & Dunbar, PA to allocate fees in order to meet new reporting requirments.
(consent)
12 Other items on City Manager Reports
12.1 Pass Ordinance 7584-06 on first reading, changing the date for the special election for
the Employees Pension Plan to November 7, 2006.
12.2 Adopt Resolution 06-03 approving a Utility Work By Highway Contractor Agreement
with the State of Florida's Department of Transportation to install natural gas mains
during improvement project, FPN: 256890-1-56-02/Pinellas County, SR55 (US 19) from
Sunset Point to Countryside Blvd., at an estimated cost of $400,000.00 and authorize
the appropriate officials to execute same.
12.3 Adopt Resolution 05-49, changing the rate of dock fees charged yacht repair facilities
located at Island Estates.
12.4 Adopt Resolution 06-01 and authorize appropriate City officials to execute
Subordination of Utility Interests agreements regarding Florida Department of
Transportation ("FDOT") parcels 102.04 and 700.04, WPI/SEG 4149981 as same may
be respectively encumbered by easement conveyed to the City by WAL-MART
STORES, INC. as recorded in O. R. Book 8406, Pages 939-942, and beneficial City
interests in easements described in the plat of SAM'S CLUB CLEARWATER, as
recorded in Plat Book 116, Pages 80-81 ,Pinellas County public records.
12.5 Adopt Resolution 06-05 authorizing the City to support initiatives identified by the
Florida League of Cities during the 2006 Legislative Session.
13 City Attorney Reports
13.1 Adopt Resolution 06-10, supporting the current makeup of the Tampa Bay Regional
Planning Council.
13.2 Adopt Resolution 06-12, regarding outdoor advertising and highway beautification;
urging the Pinellas delegation to oppose legislation that further impairs the authority of
local governments to regulate billboards and undertake highway beautification projects
and creates a new statutory cause of action against local governments, garden clubs
and others for highway beautification.
14 City Manager Verbal Reports
14.1 Update on Pinellas County Space Needs Study
15 Council Discussion Items
15.1 Old Florida District
15.2 State Attorney's report re former Mayor Aungst conflict - Hibbard
16 Other Council Action
17 Adjourn
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City Council
Agenda Cover Memorandum
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Tracking Number: 1,732
Actual Date: 01/19/2006
Subject /Recommendation:
Approve a Settlement Agreement regarding National Advertising Company v. City of Clearwter,
Circuti Court Case NO. 00-003844-CI-011, consolidated with Lamar Whiteco Outdoor
Corporation v. Ctiy of Clearwater, Consolidated Circuit Court Case No. 00-001939-CI-020, and
Pass Ordinance No. 7568-05 on first reading.
Summary:
During the 1985 to 1993 time frame, the City adopted several ordinances regulating signs,
including billboards.
These included amortization provisions requiring removal of certain billboards, including those
located on Gulf-to-Bay Boulevard and Belcher Road. The amortization provisions were carried
over into the 1999 Community Development Code.
Notices of Violation pursuant to the Ordinances were issued to National Advertising Company
and Lamar Whiteco Outdoor Corporation regarding certain signs owned by them. The MCEB
found the billboards in violation; however, all code enforcement fines have been stayed pending
the ouctome of Circuit Court litigation.
In 2000, National Advertising Company filed suit against the City of Clearwater, challenging the
adoption and effectiveness of the ordinances, asserting vested rights and rights to the
continuance of allegedly lawful nonconforming uses, challenging the City's actions on state and
federal constitutional grounds and as impairment of contract, alleging inverse condemnation,
and seeking declaratory and injunctive relief and damages. Lamar Whiteco Outdoor Corporation
filed suit with similar allegations, and during the pendency of the litigation the one billboard
owned by Lamar was acquired by National or its parent company, Viacom Outdoor, Inc., and the
suits were consolidated. National and the City entered into mediation discussions in the course
of the litigation, the result of which is the proposed settlement agreement.
The agreement provides for phased removal of the five remaining billboards as follows: 1 in Year
1, 1 in Year 7, 1 in Year 8, 1 in Year 9, and 1 in Year 10. Certain maintenance and repair is
allowed pending removal. If redevelopment occurs on any of the parcels necessitating relocation
of the billboard pending removal, that is prOVided for. Enforcement of the agreement, including
fines for noncompliance, are set forth. National agrees to a stipulation ending the litigation.
The settlement agreement is being read as a text amendment to the Community Development
Code because certain provisions such as the one on relocation might be considered to essentially
permit billboards which the Code does not allow. Pinellas County followed a similar approach
with its Ordinance No. 03-19.
Originating: City Attorney
Section Administrative publiC hearings
Category: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 2
Public Hearinq: Yes
Advertised Dates: 10/30/2005
11/13/2005
Financial Information:
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City Council
Agenda Cover Memorandum
Review Approval
Leslie Douaall-Sides
Cyndie Goudeau
11-04-2005 11:05:18
11-04-2005 14:29:29
01-09-2006 14:55:59
Pam Akin
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SETTLEMENT AGREEMENT
THIS AGREEMENT, made as of the day of , 2005, by and
among THE CITY OF CLEARWATER, FLORIDA ("City") and NATIONAL ADVERTISING
COMPANY, a Delaware corporation ("National"), and its parent company, VIACOM
OUTDOOR, INC., a Delaware corporation ("Viacom Outdoor").
WITNES SETH:
WHEREAS, National is a wholly-owned subsidiary of Via com Outdoor;
WHEREAS, National owns five (5) billboards (the "Billboards") located along Gulf-to-
Bay Boulevard (State Road 60) within the City, with the Billboards and their locations being
described in Exhibit A hereto; and
WHEREAS, in 2000, the City initiated code enforcement proceedings as to the
Billboards, seeking to require the removal of same, the code enforcement proceedings being
described in Exhibit B hereto; and
WHEREAS, certain Appeals were taken from Orders entered by the Code Enforcement
Board, said Appeals being described in Exhibit C hereto (the "CEB Appeals"); and
WHEREAS, the CEB Appeals have been stayed pursuant to agreement of the parties
pending the outcome of the two (2) Lawsuits described hereinbelow; and
WHEREAS, National is the Plaintiff in two (2) Lawsuits (the "Lawsuits"), as to the
Billboards challenging the validity, constitutionality and enforceability of the City's Sign Code
and the Code Enforcement Board actions, said Lawsuits being described in Exhibit D hereto;
and
WHEREAS, the City believes that National's claims are not valid, believes that there are
valid defenses to National's claims and contests National's claims; and
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WHEREAS, administrative proceedings have occurred between National and the Florida
Department of Transportation ("FOOT") concerning certain of the Billboards, resulting in a
Final Order dated JW1e 30, 2000, a copy of which is attached hereto as Exhibit E-l, and an
Order Staying Removal of Outdoor Advertising Signs dated July 6, 2000, a copy of which is
attached hereto as Exhibit E-2; and
WHEREAS, the parties desire to settle the Lawsuits, the related code enforcement
actions, the CEB Appeals, and to resolve all disputes between them concerning the Billboards,
whether or not asserted in the Lawsuits.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, together with other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
I. Recitals.
The recitals set forth above are true and correct and are incorporated herein by
reference.
II. Definitions.
As used in this Agreement, the following words and phrases shall have the
following meanings:
"Billboard": A Billboard Structure and any and all attached Billboard Faces and
Embellishments.
''Billboard Face": The part of a Billboard, including trim and background, which
contains the message or informative contents, which are displayed at the same location and
facing the same direction.
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"Billboard Structure": The interrelated parts and materials of a Billboard, such as
beams, poles, and stringers, which are constructed for the purpose of supporting or displaying a
message or informative contents.
"Effective Date": November 1,2005.
"Embellishment": A temporary extension of the Billboard Face which contains a
portion of the message or informative contents, and which is added, modified, or removed when
the message is changed.
"Federal-Aid Primary Highway" or "F AP Highway" or "F AP": The highways
that were part of the Federal-Aid Primary Highway System in existence on June 1, 1991, and any
highway which was not on such system but which is, or hereafter becomes, a part of the National
Highway System. The parties stipulate that the portion of Gulf-to-Bay Boulevard within the City
east of U.S. 19 is presently a Federal-Aid Primary Highway.
"Physically Removed": A Billboard shall be deemed physically removed if the
Billboard Structure is permanently removed twelve (12) inches below grade.
"Project": Any development or redevelopment of a parcel of property upon
which a Billboard is located, or any development or redevelopment of a group of contiguous
parcels including the parcel on which a Billboard is located.
"Relocated Billboard": A Billboard which IS relocated and re-constructed
pursuant to the terms of this Agreement.
"Relocation Permit": A permit issued by the City to National memorializing
National's vested right to construct a Relocated Billboard within the same Project for a period of
time that is no longer than the Term of this Agreement and further subject to the terms and
conditions of this Agreement.
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"Term of this Agreement": The time period commencing on the Effective Date of
this Agreement and ending ten (10) years thereafter.
"Termination Date": The tenth (10th) anniversary of the Effective Date.
III. Removal of Billboards:
The Billboards shall be physically removed by National in accordance with the
following schedule:
A. One Billboard shall be physically removed on or before June I, 2006.
B. One Billboard shall be physically removed on or before the seventh (7th)
anniversary of the Effective Date.
C. One Billboard shall be physically removed on or before the eighth (8th)
anniversary of the Effective Date.
D. One Billboard shall be physically removed on or before the ninth (9th)
anniversary of the Effective Date.
E. The final Billboard shall be physically removed on or before the
Termination Date.
N. Maintenance. Repair and Reconstruction of Billboards:
During the period that the Billboards are allowed to remain, as defined in Article
III above, National shall be entitled to maintain, repair and reconstruct each Billboard as
necessary, at the same size and height, subject to any requirements established by the Florida
Building Code, state law, and state regulation. The City shall issue appropriate permits for said
maintenance, repairs and/or reconstruction subject to the foregoing laws and regulations. Any
maintenance, repair, or reconstruction shall not increase the size or height of any Billboard. No
embellishments shall be allowed on the Billboards during the terms of this Agreement.
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Article ill above. Such FDOT Permit Application shall be in substantially the fonn attached
hereto as Exhibit F. Further, the City shall execute or issue any permit applications or other
documents required by FDOT as a condition of FDOT issuing state pennits for the said
Billboards.
VIII. Relocated Billboards:
National may make application with the City for issuance of the relocation permit,
in accordance with this Agreement; however, notwithstanding anything herein to the contrary, a
relocated Billboard shall be subject to the same removal schedule established in Article III. The
City thereupon shall issue to National a relocation permit, but the issuance of the relocation
permit shall not waive or otherwise excuse National from complying with the requirements of
any electrical or structural building codes (including the Florida Building Code), and rules and
regulations of general application in effect at the time a building or electrical permit application
is filed in connection with the rebuilding of a relocated Billboard. Furthermore, the procedures
followed by the City and any fees that will be charged with respect to the construction of a
relocated Billboard shall be nondiscriminatory and shall be the procedure and fees charged for
equivalent structures. The County shall not in any event apply any procedure or fee that would
impair National in the exercise of its vested rights under this Agreement. Appropriate City
building permits and state sign permits must be obtained prior to construction of relocated
Billboards pursuant to this Agreement.
IX. Vested Rights and Future Regulations:
During the term of this Agreement, the parties agree and acknowledge that
National, by the execution of this Agreement and the assumption of the obligations set forth
herein, has acquired vested rights to operate, maintain, reconstruct and relocate the Billboards in
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accordance with the terms and conditions of this Agreement. It is the intent of the parties that
this Agreement, and National's significant reliance and substantial change in position based upon
the terms contained herein, creates vested rights in National for the term of this Agreement,
which vested rights have substantial economic value and which shall be recognized in the
existing and subsequent regulation affecting the Billboards as may then exist. For the term of
this Agreement, the City agrees that it shall not take any official action, including, but not limited
to, administrative or enforcement actions, or enact any ordinance or regulation that is
inconsistent with, or otherwise deprives National of its vested rights under this Agreement.
Specifically, without limitation, the City shall not, during the term of this Agreement:
A. Require removal of a Billboard except in accordance with the removal
schedule in Article ill above; or
B. Enact an amortization or other removal provision affecting the Billboards.
x. Release and Waiver:
The City hereby releases and forever discharges Viacom Outdoor, National (and
National's and Viacom's shareholders, officers, employees, agents, subsidiaries and affiliated
corporations and entities) and the owners of the properties upon which the Billboards are located,
from any and all claims, actions, causes of action, damages and costs arising out of violations,
alleged or actual, ofthe City's Sign Code, which have been brought, or might have been brought,
as of the time of this Agreement as to the Billboards. National and Viacom Outdoor, on behalf
of themselves and their subsidiaries and affiliated corporations and entities, hereby release and
discharge the City, its officers, elected officials, agents and employees, from any and all claims,
actions, causes of action, damages and costs arising out of the City's Sign Code as to the
Billboards, including but not limited to violations, alleged or actual, of the City's Sign Code.
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Except as provided by this Agreement, National and Viacom Outdoor, on behalf
of themselves and their subsidiaries and affiliated corporations and entities, specifically waive all
rights to challenge the validity, constitutionality or enforceability of the City's Sign Code, as
amended as to the Billboards; provided, however, that the City and National shall not be deemed
to have waived or abandoned any right to bring an action to enforce the tenns, conditions and
limitations of this Agreement, and further provided that the City and National have not waived or
abandoned, nor shall be deemed to have waived or abandoned, any right after expiration of the
Termination Date, to assert any claim, action, cause of action, damages or costs as to the Other
Billboards (as defmed below), arising out of or related to the enactment, enforceability, validity
or constitutionality of the City's Sign Code, or a subsequent regulation pertaining to the same
subject matter, as they may then exist.
The Parties recognize that National owns other billboards (the "Other Billboards")
within the City which are not the subject of this Settlement Agreement. As to the Other
Billboards, National represents it knows of no claims or causes of action it has against the City as
of the Effective Date of this Agreement, and National further represents that it shall not institute
any lawsuit(s) against the City for any issues which might exist as of the Effective Date of this
Agreement as to the Other Billboards. However, National does not waive, or abandon, and shall
not be deemed to have waived or abandoned by entering into this Agreement, any claim or cause
of action that may arise in the future against the City as to its Other Billboards.
XI. Notices:
All notices and other communications required or permitted to be given hereunder
shall be in writing and shall be mailed by certified or registered mail, postage prepaid, or by
Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows:
FTL:1572497:4
-8-
FTL:1572497:4
If to City:
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758-4748
Attn: City Manager
(727) 562-4040
With Copies To:
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758
Attn: Pamela K. Akin, Esq.
(727) 562-4010
and
Rogers Towers, P.A.
1301 Riverplace Boulevard, Suite 1500
Jacksonville, Florida 32207
Attn: William D. Brinton, Esq.
(904) 398-3911
If to National:
National Advertising Company
clo Viacom Outdoor, Inc.
6904 Cypress Park Drive
Tampa, Florida 33634
Attn: Joe Little
(813) 888-5541
With Cooies To:
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Post Office Box 1900
Fort Lauderdale, FL 33302
Attn: Glenn N. Smith, Esq.
(954) 527-2466
-9-
and
Viacom Outdoor, Inc.
405 Lexington Avenue
17th Floor
New York, New York 10174
Attn: Amy Berlin, Esq.
(212) 297-6507
XII. Further Representations and Warranties:
National and Viacom Outdoor hereby represents and warrants that (a) National
Advertising Company and Viacom Outdoor, Inc. are each corporations in good standing under
the laws of the State of Delaware; (b) National Advertising Company and Viacom Outdoor, Inc.
are each duly authorized to transact business in the State of Florida; (c) National Advertising
Company and Viacom Outdoor, Inc. have taken all corporate actions necessary to authorize this
Agreement. The City hereby represents and warrants to National and Viacom Outdoor that: (a)
the City is empowered to enter into this Agreement; (b) this Agreement has been duly authorized
by the City Council of the City pursuant to the requirements of Florida Law as of the Effective
Date.
XIII. Enforcement:
In the event of a default under this Agreement, and as a condition of any party
exercising any enforcement remedies, the non-defaulting party shall provide written notice of
such default to the defaulting party. The defaulting party shall have ninety (90) days to cure such
default. If the defaulting party fails to cure within ninety (90) days, then the non-defaulting party
shall be entitled to seek the remedies of specific performance and injunctive relief and shall be
entitled to an Order of the Court to enforce this Agreement and other equitable relief as the Court
may deem just. Each party shall bear its own attorneys' fees and costs, whether incurred during
negotiations, preparation, at trial, or upon appeal. If National fails to remove a Billboard by one
FTL:1572497:4
-10-
of the deadlines set forth in Article ill above, and after due notice pursuant to this Section fails to
cure said default, then the City shall be entitled to recover from National and Viacom Outdoor,
jointly and severally, the swn of $500.00 for each day subsequent to the deadline that such
Billboard is not physically removed. The parties agree that the intent of this additional remedy is
to provide a disincentive to any breach of the mandatory removal provisions of this Agreement.
XIV. Entire Agreement:
This is the entire Agreement by and between the City, National and Viacom
Outdoor, and no verbal or written assurances or promises by any party hereto is effective or
binding unless included in this docwnent, or a written supplemental agreement has been signed
by all parties to this Agreement.
XV. Binding Effect:
The parties agree that this Agreement shall be binding upon, and shall inure to the
benefit of, the City, National and Viacom Outdoor, and their subsidiaries, affiliates, successors
and assigns. Further, the parties agree that they will not challenge the adoption of, or the
validity, constitutionality, or enforceability of any of the provisions contained within this
Agreement. National agrees to not transfer or otherwise convey any ownership interest in any of
the Billboards, unless the transferee shall execute and deliver to the City an agreement to be
bound by the terms and conditions of this Agreement, which agreement shall be in substantially
the form attached hereto as Exhibit G.
XVI. Stipulated Final Judgment in the Lawsuits: Dismissal of the CEB A{meals:
Vacation of the Orders Entered bv the Code Enforcement Board:
Within 5 days following the Effective Date of this Agreement, National and the
City shall file a Joint Motion in the Lawsuits in the fonn attached as Exhibit H for the Court's
approval of this Agreement and for the entry of a Stipulated Final Judgment in the Litigation.
FTL:1572497:4
-11-
Within 5 days following the Effective Date of this Agreement, National and the
City shall file a Stipulation for Dismissal, with Prejudice in the CEB Appeals in form attached
hereto as Exhibit I for the Court's entry of Agreed Final Orders Vacating Code Enforcement
Board Orders and Dismissing Case, with Prejudice, in the form attached hereto as Exhibit J.
The said Agreed Final Orders shall also provide that the Code Enforcement Board Orders are
vacated and of no further force and effect.
XVII. Third Partv Challenge:
In the event this Agreement is invalidated by a third party, the parties hereto shall
then be returned to their respective legal positions as existed on the Effective Date.
XVill. Comnromise of Disputed Claims:
The parties acknowledge that this Agreement is a compromise resolution of disputed
claims and agree that it shall never be treated as an admission or evidence of liability by any of
them for any purpose whatsoever.
XVIX. No Third Party Beneficiaries:
This Agreement is intended for the sole benefit of the parties and their
subsidiaries, affiliates, successors or assigns. No other person or entity shall have any right of
action hereunder or be deemed to be a third party of any provision contained herein.
XX. Prevailing Partv Attorneys' Fees:
In the event that any legal action is brought to enforce this Agreement, the
prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, whether
incurred during negotiations, preparation for trial, trial and at all appellate levels.
FTL: 1 572497:4
-12-
IN WITNESS WHEREOF, the parties hereto have caused is Agreement to be executed
by their undersigned officials as duly authorized.
NATIONAL ADVERTISING COMPANY
BY:~ ~.
=:~~U~
STATE OF FLORIDA )
) SS:
COUNTY OF Pinel [as )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
af1.oreSaid and in the County afVresaid to t:ake acknowledgments the foregoing instrument was
acknowledged before me by .JOIl. Ll ~ . the ~tpQ;,.O ~~""-' St of National
Advertising Company, a Delaware corporation, freely and v~y under authority duly
vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of
said corporation. He/she is personally known to me or who has produced
.--rlrr IIe:.s ~ ~ as identification.
il WITNESS my baud and official seal in the County and State last aforesaid ~y
of ---.:.r:.e.mbc::r .2005. ~
NotaryPu t ~'
AMY CIOTUSZYNSKI
;,;1l~ ~
; ~ '" Notary Public. Slate of Florida () .
MycommN::~':7~~ 15.2009 I4YrLu L/D"fusZunst/
~ or stamped nam~Notary Public
My Commission Expires: Se.ptem ~ J~ / ?.DO'!
FTL:1572497:4
-13-
VIACOM OUTDOOR, INC.
Br-Jtt\~
Print e~ l,~
Title: \J M-- €.~~ 'L.
STATE OF FLORIDA
COUNTY OF Pi ne.lla..5
)
)SS:
)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County af~resaid to take acknowledgments, the foregoing instrument was
acknowledged before me by ~e. \"'l~ . the \1~ I2u.\ B;.~ SO>f Viacom,
Outdoor Inc., a Delaware corporation, freely and voluntarily under authority duly vested in
him/her by said corporation and that the seal affixed thereto is the true corporate seal of said
corporation. He/she is personally known to me or who has produced dt"\ \lQ;.r. L\ ~Cn ~
as identification.
~SS my hand and official seal in the County and Stale last aforesaid tbis.;;R-HJay
of ~,2005. ~
/~~
AMY CIOTUSZYNSKI b .
i~~ P, Notary Public. Slate of Florida Notary Pu
My comm. expires Sept. 15.2009 (\ f' _ J... .'- ~'
No. 00 472288 rt~ U 01 u.::::>Z- __
Typed, pnmtd or stamped nam of Notary Public
My Commission Expires: Se~ber 16/ '2..C09
ffi:1572497:4
-14-
COWltersigned:
CITY OF CLEARWATER. FLORIDA
By:
William B. Horne II
City Manager
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
The foregoing instrument was acknowledged before me this day of
.20-, by FRANK. V. HIBBARD, Mayor of the City of Clearwater, who is
personally known to me.
Print/Type Name:
Notary Public
STATE OF FLORIDA )
) SS:
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
.20-, by WILLIAM B. HORNE II. City Manager of the City of Clearwater,
who is personally known to me.
Print/Type Name:
Notary Public
FTL: 1572497:4
-15-
EXIllBIT A
Billboards
West of U.S. 19:
1. 523 Belcher Roadl
2. 2266 Gulf-to-Bay Boulevard
East of U.S. 19:
3. 2779 Gulf-to-Bay Boulevard (Willowick)
4. 2800 Gulf-to-Bay Boulevard (Hooters)
5. 2882 Gulf-to-Bay Boulevard (Lamar)
I The parties have agreed that this Billboard shall be removed on the first anniversary of the Effective Date.
Viacom shall have the discretion to detennine which of the other Signs will be removed on the remaining deadlines.
FTL:1542349:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 31-00
CITY OF CLEARWATER,
Petitioner,
2266 Gulf to Bay Boulevard
Clearwater, FL
Sec. 18-29-16, M&B 22.07
vs.
WOLVERINE PROP INV LTD PTNSHP
31550 Northwestern Hwy Ste 110
Farmington Hill, MI 48334
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
ResDondent(s).
FTL:1553784:1
EXHIBIT B
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 32-00
CITY OF CLEARWATER,
Petitioner,
1751 Gulf to Bay Boulevard
Clearwater, FL
Suburb Beautiful, Blk C, Lots 1, 2 &
E 25' of Lot 3 and all of Lot 6
vs.
ACE LIQUORS, INC.
1751 Gulf to Bay Blvd.
Clearwater, FL 33755
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent( s).
FTL:1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 33-00
CITY OF CLEARWATER,
Petitioner,
501-525 S. Belcher Road,
Clearwater, FL
Sec. 18-29-16, M&B 32.05
vs.
ELLIS CO LTD. c/o STANLEY G.
GillSON, R.A.
23 E. Tarpon Avenue
Tarpon Springs, FL 34688
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent( s).
FTL:1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 34-00
CITY OF CLEARWATER,
Petitioner,
2800 Gulf to Bay Boulevard
Clearwater, FL
Sec. 17-29-16, M&B 13.07
vs.
LIMITED PROPERTIES, INC.
c/o James F. Bums, R.A.
2352 Ham Blvd.
Clearwater, FL 33758
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent( s ).
FTl:1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 35-00
CITY OF CLEARWATER,
Petitioner,
2760 Gulf to Bay Boulevard
Clearwater, FL
Sec. 17-29-16, M&B 24.01
vs.
BA YROCK ENERGY INC.
1031 S. Caldwell St., Ste 101
Charlotte, NC 28203
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent{ s).
FTl:1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 36-00
CITY OF CLEARWATER,
Petitioner,
vs.
HERBERT E. WOLLOWICK
104 Driftwood Lane
Largo, FL 33770
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
ReSDondent( s).
FTL:1553784:1
2779 Gulf to Bay Boulevard
Clearwater, FL
Baskin's Replat Resub., part of Lot 2
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 37-00
CITY OF CLEARWATER,
Petitioner,
2516 Gulf to Bay Boulevard
Clearwater, FL
Studebaker's Sub., Lot 2
vs.
CAR SPA CLEARWTER
515 Las Olas Blvd., Ste. 1100
Fort Lauderdale, FL 33301
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent( s ).
FTL:1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 38-00
CITY OF CLEARW ATER~
Petitioner~
2894 Gulf to Bay Boulevard
Clearwater, FL
Sec. 17-29-16~ M&B 13.34
vs.
GLENN ELLEN MOBILE HOME PARK
c/o Diversified Investments
Attn: Philip S. Moreau
4340 East West Hwy~ Ste. 206
Bethesda~ MD 20814
&
LAMAR WHITECO OUTDOOR CORP.
CT Corporations System~ R.A.
1200 S. Pine Island Rd.
Plantation~ FL 33324
Respondent( s ).
FTL:1553784:1
NATIONAL ADVERTISING COMPANY :
d/b/a INFINITY OUTDOOR,
Appellant,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Appellee.
GLENN ELLEN MOBILE HOME PARK
and LAMAR WHITECO OUTDOOR
CORPORATION,
Appellant,
vs.
CITY OF CLEARWATER,
a Florida Municipal Corporation,
Apoellee.
FTL:l 553689: 1
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
Appeal No. 00-7393 CI (88B)
00-7394 CI (88A)
00-7395 CI (88B)
00-7397 CI (88A)
00-7399 CI (88B)
00-7400 CI (88A)
00-7401 CI (88B)
consolidated with
Appeal No. 00-8884 CI (88B)
EXHIBIT C
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-3844-CI-ll
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation,
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation, as successor in
interest to Lamar Whiteco Outdoor
Corporation,
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-1939-CI-20
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
FTL:l 553701:1
EXHIBIT D
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
Petitioner,
DOAH CASE NOS.: 99-3940T
99-3941T
99-3942T
00-0720T
00-0721T
00-0723T
DOT CASE NOS.: 98-0017
98-0019
98-0018
00-0022
NATIONAL ADVERTISING COMPANY,
vs.
DEPARTMENT OF TRANSPORTATION,
Respondent.
/
FINAL ORDER
On November 28, 1995, the federal government caused State
Road 60 in Pinellas County to become part of the National Highway
System and, therefore, a jurisdictional roadway for purposes of
the DEPARTMENT'S obligation to regulate outdoor advertising
structures. Subsequent to that action, the DEPARTMENT informed
all owners of outdoor advertising structures adjacent to the
subject roadway that their signs now required a State Outdoor
Advertising Permit, and advised them to apply for permits.
Petitioner, NATIONAL ADVERTISING COMPANY (NATIONAL),
submitted outdoor advertising permit applications to the
DEPARTMENT for three billboard structures (six permits). The
DEPARTMENT subsequently denied the applications and NATIONAL
requested an administrative hearing. The parties agreed to stay
the proceedings until the conclusion of Stowell v. Dep't of .
Transp. (DOAH Case Number 97-1417T), 743 So. 2d 513 (Fla. 1st DCA
1999). After the appellate court rendered its decision in the
Stowell case in the DEPARTMENT'S favor, NATIONAL elected to
proceed to an administrative hearing, and the matters were
referred to the Division of Administrative Hearings (DOAH) on
September 20, 1999. In addition to its challenge to the
DEPARTMENT'S denial of its permit applications, NATIONAL
requested reinstatement of previously issued permits. The cases
were consolidated for hearing on February 17, 2000.
On February 17, 2000, a formal administrative hearing was
held in Tampa, Florida, before J. Lawrence Johnston,
Administrative Law Judge. Appearances on behalf of the parties
were as follows:
EXHIBIT E - J
For Petitioner: Gerald S. Livingston, Esquire
Aileen Reilly, Esquire
Livingston & Reilly, P.A.
612 East Colonial Drive, suite 350
Post Office Box 2151
Orlando, Florida 32802
For Respondent: Kelly A. Bennett, Esquire
Department of Transportation
Haydon Burns Building, M.S. 58
605 Suwannee Street
Tallahassee, Florida 32399-0458
At the hearing, NATIONAL bore the burden of proof. NATIONAL
called two employees of the DEPARTMENT as witnesses and offered
exhibits 1 through 13, which were admitted into evidence. The
DEPARTMENT called two employees of the DEPARTMENT as witnesses
and offered exhibits 1 through 3, which were accepted into
evidence. Official recognition was taken of all relevant
statutes and rules. The transcript of the proceeding was filed
on April 3, 2000. On March 17, 2000, the DEPARTMENT and NATIONAL
filed their respective Proposed Recommended Orders. On April 3,
2000, Judge Johnston issued his Recommended Order. On April 17,
2000, the DEPARTMENT and NATIONAL filed their respective
exceptions to IN Recommended Order. On April 24, 2000, the
DEPARTMENT filed its response to NATIONAL'S exceptions.
Subsequent to the issuance of the Recommended Order by the
Administrative Law Judge, NATIONAL filed a Notice of Additional
Authority, to which the DEPARTMENT filed a response. NATIONAL
also filed a Motion for Stay of Entry of a Final Order. These
post-hearing filings are addressed below.
STATEMENT OF THE ISSUES
As stated by the Administrative Law Judge in his
Recommended Order, the issues presented were "whether six outdoor
advertising sign permits previously issued to Petitioner should
be reinstated; or if not, whether new permits should be issued
for the six advertising facings (two on each of three sign
structures) in Clearwater, Florida."
BACKGROUND
On January 13, 1998, the DEPARTMENT issued Notice of Denied
Application to NATIONAL for signs which were originally issued
state permits in the 1980s. The subject signs are located
adjacent to State Road 60 (Gulf-to-Bay Boulevard), .5, .4, and .3
miles east of U.S. 19 (Highland Avenue). On January 23, 1998,
NATIONAL filed a petition for a formal hearing and a Notice of
Amendment to Petition on January 28, 1998.
In March 1995, NATIONAL received a Notice of Permit Void
for each of the subject signs, which indicated that the permits
corresponding to the signs were void because the DEPARTMENT did
not have jurisdiction over the subject roadway. NATIONAL did not
request an administrative hearing with respect to the Notice of
Permit Void and since March 1995 those permits have been void.
In June 1996, the DEPARTMENT notified NATIONAL that State
Road 60 east of u.s. 19 had become a part of the National Highway
System (NHS) and that all signs adjacent to that roadway were
required to be permitted pursuant to Chapter 479, Florida
Statutes. After State Road 60, east of U.S. 19, became a part of
the NHS, sign owners were required to file an application and
supply the appropriate attachments (e.g., land owner permission,
local government certification, etc.) to obtain the required
state permits.
In the late 1980s and early 1990s, the City of Clearwater
passed and amended an ordinance which required that the subject
signs either be modified to comply with the terms of the
Clearwater Code or be removed, either of which was to be
completed by January 19, 1996. Section 479.07(3) (b), Florida
Statutes (1997), requires every permit application to be
accompanied by, among other items, a statement from the
appropriate local governmental official indicating that the sign
complies with all local governmental requirements. NATIONAL'S
applications were not accompanied by a statement from the
appropriate local governmental official, i.e., the City of
Clearwater, indicating that the signs comply with all local
governmental requirements.
The city of Clearwater later provided the DEPARTMENT with a
statement indicating that the signs do not comply with all local
governmental requirements. As such, at the time of the
DEPARTMENT'S review of NATIONAL'S applications, it was the
conclusion of the DEPARTMENT that the subject locations were not
permittable. The subject outdoor advertising permit applications
and requests for reinstatement were denied in accordance with the
provisions of Chapter 479, Florida Statutes, and NATIONAL sought
an administrative hearing.
DEPARTMENT'S EXCEPTIONS TO THE RECOMMENDED ORDER
The DEPARTMENT'S first exception is to the date November 2,
1995, in Finding of Fact No. 10. The DEPARTMENT points out that
the correct date on which the pertinent portion of State Road 60
became jurisdictional was November 28, 1995, not November 2,
1995.
A review of the record reveals that the correct date is
November 28, 1995, and that the reference to November 2, 1995, is
an apparent scrivener's error.
The DEPARTMENT'S first exception is accepted and Finding of
Fact No. 10 is corrected accordingly.
The DEPARTMENT'S second exception is to the first sentence
of Conclusion of Law No. 19, determining a sign permit to be a
license under Section 120.52(9), Florida Statutes. By its
exception, the DEPARTMENT argues that this conclusion is contrary
to the law, there are no facts or evidence in the record to
support such a conclusion, and the issue of whether outdoor
advertising permits are licenses for the purposes of Section
120.52(a), Florida Statutes, was not raised by any party.
A review of the record in this case reveals that counsel
for NATIONAL mentioned in his opening statement to the
Administrative Law Judge:
And that takes us to the last part of the
case, which is the deemer part which we'll
get to later on today. And we maintain that
the Department is now required by operation
of law to issue the permits under the deemer
portion provisions of Chapter 120 when read
in concert with certain provisions of Chapter
479. (T. 231)
However, application of the deemer provisions of Chapter 120,
Florida Statutes, to this case was never raised as an issue,
prior to the hearing the DEPARTMENT was not on notice that it
would be an issue in the case, and the record is devoid of any
testimony or evidence regarding the "deemer" provisions of
Chapter 120, Florida Statutes, and how they apply to the issuance
of outdoor advertising permits issued by the DEPARTMENT.
NATIONAL'S proposed conclusions of law that a petition for
reinstatement, if not acted upon within thirty (30) days, should
be deemed granted, was too little, too late, and should not have
been considered by the Administrative Law Judge. Understandably,
NATIONAL provided no record citations to support its proposed
conclusions.
Section 120.60(1), Florida Statutes, provides that if an
application for a license is not acted upon by the agency within
ninety (90) days (or a shorter period of time as provided by
law), the license is deemed approved. NATIONAL argued in its
Proposed Recommended Order that because Chapter 479, Florida
Statutes, provides that the DEPARTMENT shall act on an
application for an outdoor advertising permit within thirty (30)
days, the DEPARTMENT should likewise be required to act upon a
petition for reinstatement of an outdoor advertising permit
within thirty (30) days. NATIONAL further argued that because
outdoor advertising permits are licenses, the provisions of
Section 120.60(1), Florida Statutes, must apply and if the
DEPARTMENT fails to act upon a petition for reinstatement of an
outdoor advertising permit within thirty (30) days, the permits
should be deemed granted.
Under the circumstances, the Administrative Law fudge
improperly considered and addressed NATIONAL'S position that a
petition for reinstatement of a sign permit is subject to the
provisions of Section 120.60(1), Florida Statutes, and, if not
acted upon within thirty (30) days, is deemed granted.
Conclusions of Law No. 18 and 19 address this issue which was not
previously raised, and the DEPARTMENT was afforded no opportunity
to present testimony or evidence, or otherwise address the issue.
Where issues are not sufficiently raised, parties are not
afforded full opportunity to address the issues, and the issues
are neither relevant nor material to the outcome, it is improper
for the Administrative Law Judge to address the issues in a
Proposed Recommended Order and for the DEPARTMENT to resolve such
issues in a final order.
The DEPARTMENT is responsible for the administration of
Chapter 479, Florida Statutes, and Rule 14-10, Florida
Administrative Code. Chapter 479, Florida Statutes, and Rule
14-10, Florida Administrative Code, the provisions regulating
outdoor advertising structures, as authorized by Chapter 479,
Florida Statutes, make a clear distinction between licenses and
permits for purposes of outdoor advertising. Thus, had the issue
of the applicability of Section 120.60(1), Florida Statutes, to
outdoor advertising sign permits been properly raised, testimony
and evidence of the DEPARTMENT'S interpretation of the statute
and the rule would have been admissible. Department of HRS v.
A.S., 648 So. 2d 128 (Fla. 1995) (administrative interpretation
of a statute by an agency responsible for its administration is
given great weight). Had the issue been properly and timely
raised, due process would have been afforded, and the issue would
have been properly and fully addressed by the parties.
Whether an outdoor advertising permit or an application for
reinstatement of an outdoor advertising permit is a license and,
therefore, subject to the "deemer" provisions of Section
120.60(1), Florida Statutes, was not properly raised and is, in
any event, unnecessary to the resolution of the issues presented
in this proceeding. As such, Conclusions of Law No. 18 and 19
must be rejected.
The DEPARTMENT'S second exception is accepted in part and
rejected in part.
NATIONAL'S EXCEPTIONS TO RECOMMENDED ORDER
As its first exception, NATIONAL argues that an application
for reinstatement of a sign permit is part of the DEPARTMENT'S
permitting process and, as such, constitutes an application for a
license.
NATIONAL argues that in Conclusions of Law No~ 18 and 19,
the Administrative Law Judge correctly concluded that: (1)
section 120.60(1}, Florida Statutes, governing the processing of
an application for a license, requires approval or denial within
ninety (90) days following receipt of the application for such
license, unless a shorter period of time for agency action is
provided by law; (2) that Section 479.07(4}, Florida Statutes,
requires the DEPARTMENT to approve or deny applications for sign
permits within a thirty (30) day period; and (3) that sign
permits clearly fall within the definition of a license under
Section 120.52(9}, Florida Statutes. NATIONAL continues by
claiming that the Administrative Law Judge then incorrectly
concludes that a petition for reinstatement of a license is not
an application for a license, and consequently, Section
120.60(1), Florida Statutes, does not apply to NATIONAL'S
petitions for reinstatement of its previously canceled state sign
permits. That conclusion, according to NATIONAL, is inconsistent
with the very language of Section 120.60(1), Florida Statutes,
which is broad and inclusive in nature, as opposed to being
limited in its scope. NATIONAL argues that the section commences
by stating that "EVERY APPLICATION for a license shall be
approved or denied within ninety (90) days" and further provides
that "the agency must approve ANY APPLICATION for a license. . .
If the agency has not approved or denied the application within
the time periods prescribed by this subsection." (emphasis added
by NATIONAL)
NATIONAL finds it unfortunate that the terms "every,"
"application," and "any," are not defined in Chapter 120, Florida
Statutes. Consequently, NATIONAL argues, the definition commonly
ascribed to such terms must be relied upon, and that it is well
settled that in the absence of statutory definition, words of
common usage are construed in their plan and ordinary sense.
State v. Hagan, 387 So. 2d 943 (Fla. 1980). "If necessary, the
plain and ordinary meaning of the word can be ascertained by
reference to a dictionary." Green v. State, 604 So. 2d 471, 473
(Fla. 1992). Moreover, according to NATIONAL, a court may refer
to a dictionary to ascertain the plain and ordinary meaning which
the legislature intended to ascribe to the term. Gardner v.
Johnson, 451 So. 2d 477, 478 (Fla. 1984). In this case, NATIONAL
argues, Black's Law Dictionary provides great guidance in
evaluating the issue of whether or not a petition for
reinstatement of permits qualifies for inclusion in the term
"every application for a license," and in the term "any
application for a license."
Black's Law Dictionary defines the word "every" to mean
"each one of all; all the separate individuals who constitute the
whole, regarded one by one. The term is sometimes equivalent to
'all'; and sometimes to 'each'." (Black's Law Dictionary, Sixth
Edition, 1990.) Black's Law Dictionary defines the word
"application" to mean "a putting to, placing before, preferring a
request or petition before a person. The act of making a request
for something. A petition. . . An appeal or petition,
especially as written or presented; a putting to, placing before;
preferring a request or petition to or before a person; the act
of making a request for something." (Black's Law Dictionary,
sixth Edition, 1990.) Black's Law Dictionary defines the term
"any" to mean "some; one out of many; an indefinite number. . .
One or some (indefinitely). 'Any' does not necessarily mean only
one person, but may have reference to more than one or to many."
(Black'S Law Dictionary, Sixth Edition, 1990.)
NATIONAL argues that based upon the definitions in Black's
Law Dictionary, the question of whether or not an application
(petition) for reinstatement of a license is synonymous with an
application for a license must be answered in the affirmative.
Clearly, a petition for reinstatement of a license qualified, and
is included, in the class of "every application" or "any
application." According to NATIONAL, the Administrative Law
Judge'S Conclusion of Law No. 19 that "a petition for
reinstatement of a license is not an application for a license"
is contrary to established law, rule and reason, and fails to
support his further conclusion that Section 120.60(1), Florida
Statutes, does not apply to NATIONAL'S petitions for
reinstatement of its state sign permits.
There is no evidence or testimony in this record to support
NATIONAL'S position, and any suggestion that it was an issue was
only mentioned in passing during opening remarks by counsel for
NATIONAL. Although counsel for NATIONAL stated that he "would
get to [the issue] later on today," he never did. (T. 23) There
is no evidence or testimony in the record because the issue was
never raised by NATIONAL, it was never addressed during discovery
or during the administrative hearing, and there was no objection
to the issues as stated by the Administrative Law Judge, which
did not include whether a permit or application for reinstatement
of an outdoor advertising sign is a license. In addition, as
detailed above in the response to the DEPARTMENT'S second
exception, NATIONAL'S arguments and the conclusions of the
Administrative Law Judge are improper and unnecessary to the
resolution of the issues properly presented. The Administrative
Law Judge's Conclusions of Law No. 18 and 19 are unnecessary to
the resolution of this proceeding. As such, Conclusions of Law
No. 18 and 19 must be rejected.
NATIONAL'S first exception is rejected.
In its second exception, NATIONAL claims that the
Administrative Law Judge's Recommended Order impermissibly favors
local governmental regulations over state statutes regarding the
regulation and permitting of outdoor advertising sign structures.
According to NATIONAL, in Findings of Fact Nos. 1 through 3,
the Administrative Law Judge correctly concluded that NATIONAL
lawfully erected the three subject outdoor advertising sign
structures pursuant to permits issued by the City of Clearwater
during October 22, 1981, through July 1, 1984. In Finding of
Fact No. 13, the Administrative Law Judge correctly concluded
that when NATIONAL filed its six applications for the subject
sign structures, on or about December 29, 1997, NATIONAL included
therewith copies of the building permits issued by the City of
Clearwater for the original construction of the subject sign
structures. Armed with these findings of fact, the
Administrative Law Judge, according to NATIONAL, incorrectly
concludes in his analysis of Section 479.07(3) (b), Florida
Statutes, that because the City'S sign code had been amended and
NATIONAL'S sign structures no longer complied with the City'S
code, that NATIONAL failed to provide the required local
government statement, notwithstanding NATIONAL'S production of
the earlier issued local building permits. The Administrative
Law Judge, NATIONAL claims, incorrectly ignores the fact that the
City of Clearwater in this case had already issued permits to
NATIONAL for the construction, erection, and operation of the
subject sign structures.
NATIONAL asserts that the testimony of Ken Towcimak, Senior
Manager for the DEPARTMENT in the area of regulation of outdoor
advertising, and the individual responsible for policy and
procedure, established that unpermitted outdoor advertising sign
structures located adjacent to roadways which later become
jurisdictional do not have to comply with the statutory
requirement set forth in Chapter 479, Florida Statutes. As to
size, spacing, height, and zoning, such sign structures are
permitted by the DEPARTMENT as legal nonconforming signs.
NATIONAL argues that these regulatory requirements are overlooked
by the DEPARTMENT in permitting signs which later become
jurisdictional. An additional permitting requirement in Section
479.07(3) (b), Florida Statutes, requires applications for signs
(to be constructed in the future) to likewise comply with local
governmental regulations. However, NATIONAL continues, in
situations involving existing sign structures, which were
previously permitted by the applicable local government, to now
require them to again comply with local governmental regulations,
while ignoring the requirements set forth in Florida Statutes,
carves an impermissible distinction in favor of local ordinances,
while ignoring the provisions of state statutes relating to the
same regulatory requirements regarding size, spacing, height,
zoning, etc.
NATIONAL ignores the evidence and testimony in the record
upon which the Administrative Law Judge properly relied to
determine that the long since expired building permits were
insufficient to establish "local government permission."
NATIONAL is correct in its statement that when the subject
roadway came under DEPARTMENT control, the law governing the
state requirements for size, height, spacing, and zoning were not
considered when permitting existing signs. However, due to the
enactment of Section 479.15, Florida Statutes, the DEPARTMENT is
precluded from permitting signs which do not comply with local
government requirements. See also ~~ 479.07(3) (b), and
479.15(1), Fla. Stat. As the record undisputedly reflects,
nonconformity and illegality are separate and distinct
determinations and the DEPARTMENT is without authority to permit
a sign declared illegal by a local governmental entity. The
record contains competent, substantial evidence to support the
Administrative Law Judge'S Conclusion of Law No. 26 that the
subject signs do not comply with the City'S codes and that
conclusion is well supported in the law.
NATIONAL'S second exception is rejected.
NATIONAL'S third exception is to Conclusion of Law No. 24
because it improperly rules upon, and concludes, the actions of
the City of Clearwater to be legal.
The Administrative Law Judge, in paragraph 24 of his
Recommended Order, cites with approval Section 479.15(1), Florida
Statutes, as the statutory basis for the DEPARTMENT denying
reinstatement of NATIONAL'S sign permits, or in the alternative,
issuance of new permits to NATIONAL. NATIONAL claims that the
Administrative Law Judge emphasizes that the DEPARTMENT may not
issue a permit for any sign which is prohibited by another public
board, officer, or agency, which again relates to the required
local governmental approval required under Section 479.07(3) (b),
Florida Statutes. However, NATIONAL argues, what the
Administrative Law Judge failed to consider is the limitation
contained in Section 479.15(1), Florida Statutes, which requires
that any such prohibition by a public board, officer, or agency,
must be "in the lawful exercise of its powers." Inferentially,
the Administrative Law Judge has concluded, according to
NATIONAL, the actions of the City of Clearwater to be in the
lawful exercise of its powers by concluding that Section
479.15(1), Florida Statutes, prohibits the DEPARTMENT from
issuing NATIONAL the required permits. Additionally, NATIONAL
argues, the Administrative Law Judge'S conclusion that the
evidence supports a finding that the subject sign structures do
not comply with the City's codes and will not be permitted by the
City, is totally contrary to Findings of Fact No. 1 through 3,
wherein the Administrative Law Judge concludes that the outdoor
advertising sign structure in question are already permitted by
the City.
The record reflects that in the late 1980s and early 1990s,
the City of Clearwater passed and amended an ordinance which
required that the subject signs either be modified to comply with
the terms of the applicable Clearwater Code Chapter or be
removed, either of which was to be completed by January 19, 1996.
On the other hand, there is no evidence or testimony in the
record to contradict such a finding or conclusion or which would
support a finding that the referenced ordinance was other than a
legal action by the City of Clearwater. The City of Clearwater's
position is that after January 19, 1996, the subject signs became
illegal. As there is no evidence or testimony in the record that
the City's determination has been challenged in a court of
competent jurisdiction, the Administrative Law Judge could, and
did, properly conclude that the City's actions were legal.
NATIONAL third exception is rejected.
As its fourth exception, NATIONAL claims the date set forth
in Findings of Fact No. 10 is incorrect. According to NATIONAL,
the record is unrefuted that the date State Road 60, east of U.S.
19, became jurisdictional is November 28, 1995, citing also to
Finding of Fact No. 11.
As previously noted, the record reflects the accuracy of
NATIONAL'S fourth exception and Finding of Fact No. 10 is
corrected accordingly.
NATIONAL'S fourth exception is accepted.
NATIONAL'S NOTICE OF ADDITIONAL AUTHORITY
On May 25, 2000, NATIONAL served upon the DEPARTMENT its
Notice of Additional Authority," ostensibly in support of its
"arguments made in its Exceptions to the Recommended Order. II
There is no authority in Chapter 120, Florida Statutes, or the
Florida Rules of Civil Procedure for the post-trial filing of
additional argument and reinterpretation of evidence to support a
party's position. NATIONAL'S Notice of Additional Authority goes
beyond citation to additional case or statutory authority to
support its previously made arguments. Rather, NATIONAL'S
post-hearing filing makes new arguments to support its original
position and reargues its case.
NATIONAL'S additional arguments should have been presented
to the Administrative Law Judge through legal argument or through
the examination and cross examination of witnesses. All of
NATIONAL'S additional arguments go to the propriety or legality
of the City of Clearwater's Sign Code. Both the city attorney
and a code enforcement officer for the City of Clearwater
testified at the administrative hearing. The arguments made by
NATIONAL in its Notice of Additional Authority should have been
developed through those witnesses or additional witnesses and
evidence which NATIONAL could have introduced. This is not the
proper time arm the DEPARTMENT is not the proper forum to which
new post-hearing arguments should be made.
The DEPARTMENT is without authority to consider NATIONAL'S
Notice of Additional Authority, and the arguments therein have
not been considered in the DEPARTMENT'S review of the record,
consideration of the Recommended Order, and the preparation of
this Final Order.
NATIONAL'S MOTION FOR STAY OF ENTRY OF A FINAL ORDER
On June 26, 2000, NATIONAL filed with the DEPARTMENT'S Clerk
of Agency Proceedings, a Motion for Stay of Entry of a Final
Order and exhibits thereto. The DEPARTMENT has fully considered
NATIONAL'S motion in this regard, but declines to stay the
issuance of the Final Order in this matter. Notwithstanding the
DEPARTMENT'S denial of NATIONAL'S motion to stay the entry of the
Final Order in this matter, the DEPARTMENT shall consider
NATIONAL'S motion as a motion to stay the removal of the subject
sign structures as required by the recommendation of the
Administrative Law Judge that NATIONAL'S petitions for
reinstatement and NATIONAL'S applications for new sign permits be
denied. NATIONAL'S motion is recast as a motion to stay removal
of the subject signs, as contemplated by Florida Rule of
Appellate Procedure 9.310 and Florida Rule of Civil Procedure
1.550.
FINDINGS OF FACT
1. After review of the record in its entirety, it is
determined that the Administrative Law Judge's Findings of Fact
in paragraphs 1 through 9 and 11 through 17 are supported by the
record and are accepted and incorporated as if fully set forth
herein.
2. The Findings of Fact in paragraph 10 are accepted as
corrected and incorporated as if fully set forth herein.
CONCLUSIONS OF LAW
1. The DEPARTMENT has jurisdiction over the subject matter
of and the parties to this proceeding pursuant to Chapters 120
and 479, Florida Statutes.
2. The Conclusions of Law in paragraphs 20 through 28 are
supported in the law. As such, they are adopted and incorporated
as if fully set forth herein.
3. The Conclusions of Law in paragraphs 18 and 19 are
rejected.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of
Law, it is
ORDERED that the Administrative Law Judge's Recommended
Order, as herein corrected and modified, is adopted. It is
further
ORDERED that the permits previously issued to Petitioner,
NATIONAL ADVERTISING COMPANY, for the subject signs are declared
void by operation of law and the subject signs are illegal and
must be removed. It is further
ORDERED that Petitioner, NATIONAL ADVERTISING COMPANY, shall
remove the subject signs and all associated debris within thirty
(30) days of the date of this Final Order. It is further.
ORDERED, that should Petitioner, NATIONAL ADVERTISING
COMPANY, fail to remove the subject signs and any debris
associated with said removal within the thirty (30) days herein
provided, the Respondent, DEPARTMENT OF TRANSPORTATION, or its
contractor, shall remove the subject sign and all costs
associated with such removal are hereby assessed against
Petitioner, NATIONAL ADVERTISING COMPANY. It is further
ORDERED, that the motion of Petitioner, NATIONAL ADVERTISING
COMPANY, for a stay of the entry of the Final Order in this
matter is denied without prejudice to the consideration of the
motion by the DEPARTMENT OF TRANSPORTATION as a motion to stay
the removal of the subject signs and the entry of an appropriate
order thereon.
DONE AND ORDERED this 30th day of June, 2000.
THOMAS F. BARRY, JR. P.E
Secretary
Department of Transportation
Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida 32399
ENDNOTE
1/ References to the transcript of the proceeding below are
identified as (T.) followed by the appropriate page number(s).
NOTICE OF RIGHT TO APPEAL
THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE
APPEALED PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES
9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING
A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE
9.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE
APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE
APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY
PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET, M.S.
58, TALLAHASSEE, FLORIDA 32399-458, WITHIN THIRTY (30) DAYS OF
RENDITION OF THIS ORDER.
Copies furnished to:
Kelly A. Bennett
Assistant General Counsel
Department of Transportation
Haydon Burns Building, M.S. 58
605 Suwannee Street
Tallahassee, Florida 32399-0458
Gerald S. Livingston, Esquire
Aileen Reilly, Esquire
Livingston & Reilly, P.A.
612 East Colonial Drive, Suite 350
Post Office Box 2151
Orlando, Florida 32802
Juanice Hagan
Assistant Manger, Right of Way
Department of Transportation
Haydon Burns Building, M.S. 22
60S Suwannee Street
Tallahassee, Florida 32399
Lynn Holschuh
Outdoor Advertising Administrator
Department of Transportation
Haydon Burns Building, M.S. 22
60S Suwannee Street
Tallahassee, Florida 32399
Susan Rosetti
Outdoor Advertising Administrator,
District VII
Department of Transportation
11201 North McKinley Drive, M.S. 7-900
Tampa, Florida 33612-6456
4
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Haydon BDrDS Building
605 SawaImee Street
Ta........ Florida
,
NATIONAL ADVERnsJNG.COMPANY,
Petitio..
DOAH CASE NOS: 99-3Nrr
99-3HIT
99-3942T
..720
00-721
.08-723
DOT CASE NOS: 98-0017
98-001'
98-0018
()0..022
VI.
. .
DEPARTMENT OF 'I'.RANSPORTATION,
RespoadeDt.
I
O"RDER STA~G TRR REMOVAL OF OUTDOOR ADVERTISING SIGNS
Petitioner, NATIONAL ADVERTISING COMPANY (hereinafter NA'tIONAL),
. .
. .
filed three (3') P~ODS for Administrative HeariD.g DI" responso to three (3) Notices of DeDiecl .
Application (Notices) issued by the Respondeat, DEPARTMENT OF TRANSPORTATION
(hereinafter DEPARTMENT). The mauen were referred tq the Division of Administrative
Hearings, an. administrative hearing was hdcl, the AdmiDistradve Law Judge issued. a
.Recommended Order. SDti the DEPARTMENT'S P.iDal Order dated June 30. ~, adopted
the majority of the R.ec~~ed Order, ivW~1 the reeommendarion that NA TIONAL~
applications and requests for rei.DJtM,.."e:nr of its sign penDits be denied.
OnIune 26.~, prior to lbe issuaDcc of the Pinal Order. NATIONAL filed a motion
reqUesting that the DEPARTMENT stay the issuance of the Fmal Order in this matter. While
the DEPARTMENT denied the Motion for Stay of Entry of a Final Order, the Final Order
Page 1 of6
EXHIBIT E- ~
.JUL-l;J-'-'VJ 111-;&13 r...w.....,......,..... ........----...
r""v.l;o .:J/t:I
deemed it to be a motion to stay the removal of tile subject outdoor advertising signs, and
agreed to coDSider it as a request to stay removal of the subject signs. As a basis for its
motion, NATIONAL asserte<l tbat the ~e Law ludge's Recommended Order, and
the DEPARTMENT'S anticlpated FiDal Order were predicated OD acticms of the City of
Clearwater, which NATIONAL asserts are illegaL According to NATIONAL. the purponed
illegal actions of the Citf of Clearwater are the SlIbject of litigation in circuit court in.PineJlas
County, Florida.
The factual background which led to thcproceMinp between the DEPARTMENT and
. NATIONAL began wirh action by the federal gOVC1'DU1CUl wJUch caused State Road 60, in
PiD.ellas County, to become a jurisdictional roadway for pmposes of the DEPARTMENT'S
obligation to regulate outdoor advertising. SubsequcDt to that action, me DEPARTMENT
iDfonned aJ1 sign OWDers adjacem to the subject roadway that their signs now requirec1 a State
Outdoor Advertising Permit. The sign owners were advised to apply for said permits.
NATIONAL, submiaed outdoo~ advertising pennit applicatioDS to the
DEPARTMENT for three (3) billboard stn1dlU'eS (six (6) permits). The DEPARTMENT
subsequently denied the applications because NATIONAL could DOt provide tho requisite
approval oCme appropri.atelocal government as required by Scc:tion 479.07(3)(b), Florida
StamteS. NATIONAL requested an adminis1rative hearing OD the matterS. At the
Administrative hearing two issues wa'C raised. For purposes ofNATlONAl,'S motion, the
first issue is relevant: whether the proposed sign locations are pennittable, pursuant to
Cbapter 479, Florida Statutes. At the 8dmini~ative proceeding, it was determined that:
1. The signs which are the subject of these proceedings are within the
Page20f6
-- ----... .. ------.. ..---
. ....w... ..., g
DEPARTMENT'S jurisdiction with respect to the regulation of outdoor advertising.
2. The subject sips arc located aqjace:nl to Sta1e Road 60 (Gulf-to-Bay Boulevard), .5,
A, 'and .3 miles east of US 19 (JIigJtlAnd AvC':DIIC).
3. The DEPARTMENT notified NA'nONAL tbat State Road 60. east of US 19 had
become a part of the National Highway System aDd that an signs adjaceDt to that roadway were
. .
required to be ~ pursuaDt to Chapter 479. Florida StatuteS.
4. Sigas could be permitted so lema as the applicaDt met the procedural requirements
(e.g.. filed a compJere and accurate appJicatioD) reprdless ofwhethcr they met requiremeDts
for physical c;baractcristic (e.g., spacing).
s. Applications were required to comply with Section 479.07(3){b), Florida Statutes
(1997), which requires every permit application 10 be accompanied by, among other things.. a
statement from tbeappropriate local governmlmtR1. official indating that the sigli complies
-
with an local govenm1ental requirements.
6. At the time NATIONAL'S appJicaDoDS were tiled with the DEPARTMENT, the
City of Clearwater. the appropriate local govemmt:Dl, had provided the DEPAB.TMENT with
information which stated tbat the subject sips were not in compliance with aU local
govemmeJlt regulations.
7. At the time of the DEPAR'l'MENT'S review of NATIONAL'S applications, the
subject locations were not permitnble.
Because NATIONAL'S signs are Dot permittable due to a lack of local government
certification. NATIONAL'S permits were denied and the propriety of those actions were
. .
upheld by the Administrative Law 1udge after the foxmal hearing. The DEPARTMENT'S
Page 3 of 6
-....- . - -- . -.. -. -
. FiDal Order adopting the recommendation of the Ac1ministrative Law Judge that
NATIONAL'S application for permits and for ~ was entered OD 1une 30. 2000.
Because the baseS for the lack of loc:al govermncnt approval are at issue in the circuit
court case betWeen NATIONAL and the City of Clearwater, the DEPARTMENT has.
considered the argument that removal of tht.: subject sips at tbis time is pr=-urc. As such.
dUe EO PIne11aS COUDty CIrcuit Court Case No. 00-3844-0-11. National Advertisin, COJQpmy,
a Florida Cof1lOraPon VI. Citv of Glearwater. a Flprida Mnnicinal Comcmltion. the
DEPARTMENT shall stay the removal of tJ?e subje(:t signs SDbject to the ~tiODS set forth
herein. As a condition of the staY, NATIONAL sbal1 provide to the DEPARTMENT a
written statDS.repoIt of the subject Jitiption every Dinety (90) clays. Ead1 required StatUS
report ~ be filecl with the DEPARTMENT'S Oerk of Agem;y ~mp. and a copy.shall
. .
be provided to the DEPARTMENT'S State Outdoor Advci1ising Administrator and to counsel
of record for the DEPARTMENT. In the event that NATIONAL fails to provide adequate or
timely statas r~; or if the DEPARTMENT determines that the stay should not remain in
effect. the DEPARTMENT will notify NATIONAL of its iDlcndcd action. NATIONAL sball
remove the subject sips within ten (10) days of ~ date of the DEP~'I'MENT'S notice or
. .
the DEI'.ARTMENT will remove the sips aud the costS and fees, including reasonable
auome:y's fees and other reasonable costs associated with any litigation regarding the removal
of the signs, sball be assessed against NATIONAL.
In the event NATIONAL concludes tbat it cannot abide by the conditions of this Order.
NA TIONAL.may file a motiou within tm (10) days of the dare hereof withdrawing its motion
for stay and &e DEPARTMENT will cnte:r an order vacating the stay herein granted. . Failure
Pagc40f6
.1UJ..- I ~-..'" & II' .. , . ..~_.... ....---.. .-- --- -....-
of NATIONAL to withdraw ~ motion ~ result in this order being in full force and effect
until.further order of the DEPARTMENT.
Based upon the foregoing, it is bereby
ORDERED that the modOD of PetidoDer, NATIONAL ADVERTISING
COMPANY, to Stay BDIrY. of a FiDa1 Order, deemed to be a motion to, smy removal of the
otndoor advertisiD&' sips addressecI i1l the foregoiDg pJV~. is hereby gramed subject to
the conditions hORin imposec1. It is ~
ORDERED that if the c:ondiIioDs of the bcreiD hnposed stay are not met by Petitioner,
NA'I10NAL ADVER'I1SING COMPANY, dJe Respondent, DEPARTMENT aii'
TRANSPORTATION, 9hall so notify NAnONAL and said sips shaD be ~vcd by'.
. .
NA.TIONAL witbin ten (10) days of the date oftbe DEPARTMENT'S notice. It is further
ORDERED that Sbou1c1 Petition.., NATIONAL ADVERTISING COMPANY, fail
to remoVe the subject sips ~ teA (10) days oftJie DOticc. the signs and aD. associated
debris will be removed by the DEPARTMENT or its conttaCtOr end all costS ofthc signs'
removal and cIeariDg of debris are hereby assessed against Respondent, NATIONAL
ADVERTISING COMPANY.
I~
DONE AND ORDERED this ~ day of 1uly, 2000.
~~...~\.~~~~
(\....;rBOMAS F. BARRY, ., P.E.
~ - SecrctaIy
Depart:me.nt of Transportation.
HaydoD Bums BvildiDg
60S Suwannee Street
TalJabMscc. Florida 32399
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Page S of6
'" u.a.- . ..-v'" & D .":0 ... 1l~W'.'.. n.Wa.tD'. ,.."".........,n.
Copies fumished to: .
Keny A. Bennett
Assistant General Counsel
DepartD1ent of TraDsportadoD
Haydon Bums Bui1diDg~ M.S. 58
60S SuWlDIICC Street
T~~t~~3~~~~
Gerald S. Livingston. Esquire
Aileen Reilly, Bsquire
UviDgston & Reilly, P.A.
612 East Colonial Drive, Suite 350
Post Office Box 21'1
OrlaDdo, Florida 32802
1118Dice Hagan
AssistaDt MangCl', Right of Way
Depar1lJleDt ofTraDspormtioD
Haydon Bums BuiJdiDg. M.S. 2:2
605 Suwam1ee Street
TSlT1RhIUillilCe, Florida 32399
Lynn Holschuh
Outdoor Advertising AdmiDisttalOr
Department of TraDsportation
Haydon.Bums Bw1ttillg, M.S. 22 .
60S SUwannee Street
TalJl!ahSl~t Florida 32399
SUsan Rosetti. .
Outdoor Advertising Administtator~ District VB
Department of Transportatio':l
'11201.-North Mc:KiDley Drive, M.S. 7..goo
Tampa, Florida 33612--6456
.-
Page6of6
"".IIiiiII"~.4a''''''.a
PAGE 7/e
FORM 57~70-04
RIGHT OF WAY
OGC-01105
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
APPLICATION FOR OUTDOOR ADVERTISING PERMIT
[A] APPLICANT INFORMATION: (If you currently hold a State of florida outdoor advertising license or permits, please enter the name, address and account
number on file with the Department) PLEASE TYPE OR FILL OUT IN INK. APPLICATIONS SUBMITTED IN PENCIL WILL BE RETURNED. For assistance In
completing this form, please call (850) 414-4545.
1. Name of Applicant or Company:
2. FOOT Account Number:
3. Address of record (for billing purposes and legal notices):
City. State:
4. Mailing address for permit tag (if different from above):
5. Telephone #: Fax#:
(If new aCCOl.l'lt, leave blank. The Department will assign an Account Number)
Z/pCode:
E-Mail:
[BJ SIGN LOCATION INFORMATION:
1. County: 2. Section: Township: Range:
3. WIthin city limits? DYes ONo. If "yes,. name of municipality:
4. Property Tax 10#: Do you 0 own or 0 lease site? If lease, land owner:
5. 0 Proposed 0 existing sign: Location: State Road#: US Rout8#"__ Local Name/Number:
o miles 0 feet ON DE Os Ow of (nearest Intersection). Sign will belis on the ON DE Os Ow side ofthe
highway, facing ON DE OS OW
6. Distance of closest part of sign to edge of state right of way: feel
7. Local Address (If applicable):
8. Method of marking sign location: 0 Stakelflag OPalnted pavement OOther (please describe):
[C] SIGN DESCRIPTION:
1. Facing height: Facing width: Total Sq.Ft.: 2. Changeable facing? 0 Yes 0 No
3. HeIght Above Ground Level: 4. Sign structure height: 5. Number of poles:
6. Material used for: Facing: Support(s):
7. Configuration: 0 V-shape 0 Back-to-Back 0 Single facing
8. Will sign be lighted? 0 Yes 0 No If yes, describe lighting:
9. Is this an application for RELOCATION as the result of a Departmental highway project? 0 Yes 0 No
If yes. Tag number(s) of permit(s) to be relocated:
10. Will cutting, trimming or removal of vegetation from Slate right of way be required to create a viewing zone for this sign? 0 Yes 0 No
If the answer Is "Yes: a Management Plan must be approved by the Department and the permits for two nonconforming signs cancelled.
If the answer is "No: In the future, you will only be allowed to trtm vegetation to maintain the view of the sign as It exists at the time the permit Is granted.
Tag numbers of permits to be cancelled:
11. Is an existing permit being cancelled as a condition of Issuance of this permit OTHER than for 9., or 10., above? DYes 0 No
If yes, Tag number(s) of permit(s) to be cancelled:
NOTE: IF A PERMIT IS BEING CANCELLED FOR ISSUANCE OF A NEW PERMIT, SUBMIT THE CANCELLATION CERTIFICATION WITH THIS PERMIT
APPLICATION.. FOR 10. or 11., ABOVE, THE EXISTING PERMIT WILL NOT BE CANCELLED UNLESS THE NEW PERMIT IS APPROVED.
12. Is application being submitted as the result of a Notice of Violation? 0 Yes 0 No
[OJ NOTARIZATION AND CERTIFICATION
I, herby certify IhIII the Infonn8tIon gIwn lnIlle sl8BntIlIlI rnede n lIU appIIcalIon 818 !rue lnI that 1 """" received, In writing.
pennlasion from the landowner or other person In I8wful posseaalOn 01 the ibID eAICt ... "-lIlMIlIIIng algi III ..location desl\118l11d In the eppIleation. I Wldenlllnd that
IlJllmIssIa1 offalse ormi8lelldlng Information an Ilia application, or." oIherlllalallon 0I01apler41ll. Florid8 Sl8II*a. or Ch8pl8r 14-10. F.A.C.......... CIlllTllCI8d _ 30 days of
nolillc8lian by'tha Depar1ment. wt. rasUI n IlMlC8tion ofllis pennill Utherl.llllenlland IhIIIlha metal permit lag must ba poallId III the s91 slta within 30 days of Issuance lI1d the
compIeIed sign 88 desalbed n Ilia appIicIIIian must ba bUIlt wIlhn 270 clays 01 permit issun:a or the parmllls \/OlD.
PoIiIian n ~. It appIic8bIe
Slgna1unI of Appllcanl
Sworn and subsCllbed bafanl me lIU _ day 01
(Nama of AlIianl). SI1'1a Is p8I'SOI1lIIIy _10 me or has pnxIuced
20
By
88~.
Slate of
Slgnatura of NoIaly:
My CommIasIon expres:
Notary's Prlntad Nmla:
REQUIRED ATTACHMENTS: Application will be returned as Incomplete if the following required attachments are not submitted with the application (see
Instructions): Landowner authorization; location Sketch; Local Government Zonlng/Land Use verification; Local Government building permit (or equivalent):
photograph of site showing markings (per [Bm and surrounding vegetation; Application fee. PlEASE NOTE: If you do not currently hold an Outdoor Advertising
Ucense, it may be necessary for you to obtain one before a permit can be Issued.
EXHIBIT F
FORM 57~704l
RIGHT OF WAY
OGC-OII05
FLORIDA DEPARTMENT OF TRANSPORTATION
RE:
Application for outdoor advertising sign permit
To be completed by applicant:
Name of Applicant or Company:
Sign is: 0 existing 0 proposed
County: Municipality, if applicable:
Highway Name & Number:
Sign location description:
Section: Township: Range:
ParcellD#:
To be completed by appropriate zoning official:
Designation of parcel on the Future Land Use Map:
The primary land uses under this designation are:
Current zoning of parcel (from Land Development Regulations):
The primary land uses under this designation are:
Is location within city limits: 0 Yes 0 No
If yes, name of city:
Please provide the name and telephone number of the person the Department may contact if additional information is required:
Name:
Telephone#:
I certify that the above information reflects the designation of the parcel as it is shown on the current comprehensive plan
adopted pursuant to chapter 163, Florida Statutes, and that I am authorized to sign this form on behalf of the county/municipality
named above:
Signature of Local Govemment Official
Date
Printed Name and Title
Local Government Permission: Please complete the items below. You may submit another form of written statement indicating
that the sign complies with all local governmental requirements. For a proposed sign location, a copy of the building permit issued
by the local government may be submitted.
The outdoor advertising sign identified in this application:
Ols in compliance with all duly adopted local ordinances and has been or will be issued the necessary permits.
Ors not in compliance with local ordinances, but Is legally existing as a non-conforming sign.
Ols not in compliance with local ordinances and islwould be considered to be an illegally maintained structure.
Signature of Local Government Official
Date
Printed Name and Title
'..:..0..
INSTRUCTIONS FOR COMPLETING
APPLICATION FOR OUTDOOR ADVERTISING SIGN PERMIT
All items on Page 1, Parts [A] through [0] must be filled In and all required attachments submitted. Applications must be typed or filled out in
ink. Applications filled out in pencil will be returned. Only completed applications will be reviewed; incomplete applications will be returned to the
appllcanl Each sign facing (side of sign) requires separate pennitting; each pennit requires a separate application. A penn it is valid only for the
location specified on the application fonn. For assistance. call (850) 4144545.
Prohibited signs - Before making application for an outdoor advertising sign pennit, check Chapter 479, Florida Statutes, and Administrative
Rule Chapter 14-10, to ensure sign meets all requirements. Any sign not complying with the law will not be pennitted. Furthennore, Department
of Transportation approval is subject to compliance with all applicable local governmental regulations.
PART [AI (Applicant Information):
1. Name of Applicant or Company: person or business entity in whose name the penn it will be listed. This will be the name used by the
Department for all billing notices, violation notices, and any correspondence from the Department to you. If you already have an outdoor
advertising account with the Department, use the name currently on file (account Name of Record).
2. FOOT Account Number: All persons/business entities which currently hold a DOT outdoor advertising license or permit have been
assigned an account number. If you are a new account (i.e., you do not have a current Outdoor Advertising License or pennit(s) with the
Department) leave this item blank. An Account Number will be assigned to you.
3. Address of Record: this will be the address used by the Department for all billing notices, violation notices, and any correspondence from
the Department to you. [For existing accounts, this address must be the same as the address currently on file with the Department or the
application will be returned for correction.]
4. Mailing address for permit tag: pennit tag will be mailed to the address of record (3., above) unless this item is completed.
5. Enter Telephone#, Fax#, and E-mail address, as applicable.
PART [B] (Location Information):
1. County: the county in which the sign will be located.
2. Section, Township and Range: for the property on which the sign is or will be located. Within city limits?: indicate whether location is
within an incorporated are. If.Ves,. indicate municipality.
3. Property Tax 10#: the parcel identification number of the land on which the sign is or will be located. This Infonnation may be obtained
from the county Property Appraiser's office. Indicate whether you are the property owner or if you lease this site. If lease, enter the name of
the property owner.
4. Location: Indicate whether the location is for a Proposed sign or an Existing sign. The location description should follow this fonnat:
located on ~ (State Road#). ~ (US Route #), Palm St. (local street name of number sign is or will be located on), 200 [] miles ·
feet x INorthl (designated direction of travel- N.E.S.W.) of Main Avenue (Nearest intersection). Sign will be on the xlEastl side of the
highway, facing x ISouth1.- The designated direction oftravel (N,E,S, or W) from the nearest intersection must be given in relation to the
designated direction of travel of the route on which the sign will be located (i.e., North-South for odd numbered routes, East-West for even
numbered routes). The side of road (N,E,S, or W) is given in relation to the direction of travel. The direction the sign will face is the
principal direction (N,E,S, or W) of the sign facing in relation to the direction of travel of the route.
5. Distance of closest part of sign to edge of right of way: give the distance (to the nearest whole foot) from the edge of state right of way
to the portion of the sign closest to the road.
6. Local address: if applicable, enter the street address of the sign location (e.g., 111 State Sl).
7. Method for marking location: to ensure that the location inspected is that specified in the application. you must mark the proposed sign
location with easily visible markings. Identify the markings used. The markings must be in place prior to submission of the application and
remain in place 30 days after the Department's receipt of the application.
PART [C] (Sign Description):
1. Facing height, width and total square feet these measurements are taken to the nearest whole foot and include border, trim, and all
embellishments. Total square feet: height times the width.
2. Changeable facing?: indicate whether the sign will incorporate an automatic changeable facing (such as tri-vision or LED display).
3. Height above ground level: this measurement is taken, to the nearest whole foot, from the ground to the bottom of the lowest sign face.
4. Sign structure height this measurement is (to the nearest whole foot) the total vertical distance from the elevation of the crown of the
road to the top of the highest sign face, including any border or trim, but excluding embellishments.
5. Number of poles: the number of supports for the sign.
6. Material used for: enter the materials used for the sign facing and the sign supports.
7. Configuration of sign: indicate whether completed sign will be V-shaped, Back-ta-Back, or Single faced. If single faced, please indicate
whether there will be more than one face, either stacked or side-by-side.
8. Will sign be lighted?: if .Ves,' describe how sign will be lighted.
9. Is this an application for RELOCATION as the. result of a Deparbnental highway project?: indicate whether the application Is being
submitted due to a Departmental eminent domain proceeding.
10. Will cutting or trimming of vegetation on Department right of way be required?: if'V es,. you must obtain a vegetation management
permit from the Department before the sign permit application can be approved. Enter the permit tag numbers of the two nonconforming
signs to be cancelled. If .No,. in the future, you will only be allowed to trim vegetation necessary to maintain the view of the sign which
exists at the time of permit issuance.
11. Is an existing permit being cancelled as a condition of Issuance of this permit other than for vegetation management?: if .yes,.
enter permit number(s) of permit(s) to be cancelled. (See [Cg) for vegetation management)
12. Is application being submitted as a result of a Notice of Violation?: if you have received a Notice of Violation for an illegal sign at this
location, you should answer .yes. to this question.
IF EXISTING, VALID PERMITS ARE BEING CANCELLED AS A CONDITION FOR THE ISSUANCE OF A NEW PERMIT, FOR EITHER 10.
OR 11., ABOVE, THE CANCELLATION CERTIFICATION SHOULD BE SUBMITTED WITH THIS PERMIT APPLICATION.
PART [D): This portion of the application must be executed and notarized.
REQUIRED ATTACHMENTS: This application for an outdoor advertising sign permit will be returned to you as Incompletes if Parts [A] through
[0] of the application are not completely filled in or if any of the following attachments are not submitted:
a. A signed statement by the owner or other person in lawful control of the proposed sign site authorizing placement of the sign at that
location. If you have indicated that you are the landowner ([B]6), you do not need to submit this authorization.
b. A sketch of the proposed sign location showing, at a minimum. the information submitted in Part [B], 4.&5., of the permit application.
Please also show the orientation of the sign facing. Include any additional information which may make the site easier to locate, e.g.,
local roads, landmarks, businesses, distance from other permitted signs, driveways, etc.
e. A statement from the appropriate local government official Identifying the land use designation on both the Future Land Use Map and
the current Land Development Regulations of the parcel on which the sign is or will be located, and listing the primary uses allowable
under those designations. The name of the appropriate official whom the Department may contact with any questions must also be
supplied. You may use Page 2 of this application or any other form of written statement from the appropriate local governmental official
provided all required information is supplied.
d. Verification that a building permit will be issued for a new sign, or that the existing sign complies with all local government regulations
as either a conforming or nonconforming structure. V ou may use Page 2 of this application or any other form of written statement frorn
the appropriate local governmental official provided all required information is supplied.
e. A photograph of the proposed sign site showing the location mar1dngs and the surrounding vegetation; and
f. The correct permit fee. If an Application for Vegetation Management at Outdoor Advertising Sign is submitted, you must submit a
separate check for that application.
PERMIT FEES:
1. THE PERMIT FEE IS $44.00 FOR A SIGN FACING (SIDE OF SIGN) OF 200 SQUARE FEET OR LESS; $64.00 FOR A SIGN FACING GREATER THAN
200 SQUARE FEET. EACH SIGN FACING REQUIRES A SEPARATE PERMIT.
2. PERMIT FEES FOR THE YEAR IN WHICH APPUCATlON IS MADE MAY BE PRORATED BY PAYING ONE-FOURTH OF THE ANNUAL FEE FOR
EACH WHOLE OR PARTIAL QUARTER REMAINING IN THAT YEAR. APPUCATlONS RECEIVED AFTER SEPTEMBER 30 MUST INCLUDE THE FEES
FOR THE LAST QUARTER PLUS FEES FOR THE FOLLOWING YEAR. (SEE CHART BELOW.)
1-' Qtr. Z'" Qtr. 3'" Qtr. 411lQtr.
October 1 through
Jan. 16 through AprIl 15 April 18 through July 15 July 18 through January 15
September 30 (Includes next year fees)
200 Sq.Ft. or Ie.. $44.00 $33.00 $22.00 $55.00
Greater than 200 Sq. Ft. $84.00 $48.00 $32.00 $80.00
Payment may be made by personal or business check, money order, or cash. Make check or money order payable to the Department of
Transportation. Credit cards will not be accepted as payment It is suggested that you submit separate checks for each permit applied for.
SUBMISSION OF APPLICATION: Submit the application (Parts [A] through [0] completed) and all required attachments to the Florida
Department of Transportation, 605 Suwannee Street, Mail Station 22, Tallahassee, FL 32399-0450.
APPROVAL OF APPLICATION: every completed application shall be acted on by the Department within 30 days after receipt by the
Department. Upon approval of the sign location and application, a copy of the permit and the permit tag will be mailed to the applicant. If
not approved, the Outdoor Advertising Office will notify the applicant, in writing, stating the reason(s) for the denial.
PERMIT TAGS: upon approval of the appllcallon for a sign permit, the applicant wlU be ftmIshed a serially numbered permanent metal permit tag, which
must be displayed at the permitted location at aU Urnes until returned to the Department for canceUation. THE PERMIT TAG MUST BE POSTED AT THE SIGN
LOCATION WITHIN 30 DAYS OF ISSUANCE BY THE DEPARTMENT, AND A COMPLETED SIGN ERECTED wrTHIN 270 DAYS FROM THE DATE OF PERMIT ISSUANCE OR THE
PERMIT WILL BECOME VOID BY AC110N OF LAw. A PERMITTEE WHO HAS NOT POSTED THE PERMIT TAG AT THE LOCAnoN WITHIN THE PRESCRIBED 30 DAYS MUST
APPLY TO THE DEPARTMENT FOR A NEW PERMIT. A PERMITTEE WHO HAS NOT ERECTED A COMPLETE SIGN, INCLUDING DISPLAYING ADVERTISING COPY, WITHIN THE
PReSCRIBED 270 DAYS MAY NOT SUBMIT ANOTHER APPLICATION FOR THAT SIGN SITE FOR AN ADDITIONAL 270 DAYS FROM THE DATE THE PERMIT IS DECLARED VOID.
To: City of Clearwater
c/o Office of the Clearwater City Attorney
Clearwater, Florida
AGREEMENT OF TRANSFEREE
Under this Agreement of Transferee, made this
day of
2005,
("Transferee'') acknowledges and agrees
as follows:
1. Transferee acknowledges that
(Natiotull Adverti&ing Company or the identity of the successor
in interest who owns the billboard structure(s) at the time of this AgreDnent of Transferee]
is transferring one or more of the billboard structure(s) to Transferee, which structures are
identified in Exhibit
attached hereto.
2. Transferee acknowledges that National Advertising Company and City of
Clearwater have entered into a settlement agreement dated as of , 2005,
which governs the billboard structure(s) and accompanying sign face(s). Transferee
acknowledges having received a copy of said settlement agreement and understands all of the
terms, provisions, conditions, and limitations of that settlement agreement.
3. In consideration for receiving the benefits of the transfer of the structure(s) and
the accompanying sign face(s) and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Transferee agrees to be bound by all of the terms,
provisions, conditions, and limitations of that settlement agreement as the same may apply to the
billboard structure(s) and sign faces owned by the undersigned Transferee or in which the
FTL:1563707:1
EXHIBIT G
undersigned Transferee has an interest, including the condition that the undersigned Transferee
obtain the same agreement from any subsequent transferee.
Witnesses: ..
By:
Its
FTL:1563707:1
To: City of Clearwater
c/o Office of the Clearwater City Attorney
Clearwater, Florida
AGREEMENT OF TRANSFEREE
Under this Agreement of Transferee, made this
day of
2005,
(''Transferee'') acknowledges and agrees
as follows:
1. Transferee acknowledges that
[NatiotrlIl Advertising Company or the identity o/the successor
in interest who owns the billboard structure{s) at the time a/this Agreement a/Transferee]
is transferring one or more of the billboard structure(s) to Transferee, which structures are
identified in Exhibit
attached hereto.
2. Transferee acknowledges that National Advertising Company and City of
Clearwater have entered into a settlement agreement dated as of . 2005,
which governs the billboard structure(s) and accompanying sign face(s). Transferee
acknowledges having received a copy of said settlement agreement and Wlderstands all of the
terms, provisions, conditions, and limitations of that settlement agreement.
3. In consideration for receiving the benefits of the transfer of the structure(s) and
the accompanying sign face(s) and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Transferee agrees to be bOWld by all of the terms,
provisions, conditions, and limitations of that settlement agreement as the same may apply to the
billboard structure(s) and sign faces owned by the Wldersigned Transferee or in which the
FTL: 1 563707: 1
undersigned Transferee has an interest, including the condition that the undersigned Transferee
obtain the same agreement from any subsequent transferee.
Witnesses:
By:
Its
FTl:1563707:1
IN THE CIRCmT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-3844-CI-ll
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation,
Plaintiff,
Ys.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation, as successor in
interest to Lamar Whiteco Outdoor
Corporation,
IN THE CIRCmT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-1939-CI-20
Plaintiff,
Ys.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
JOINT MOTION FOR ENTRY OF FINAL JUDGMENT
APPROVING SETTLEMENT AGREEMENT
The parties hereto, by and through their undersigned counsel, stipulate and agree as
follows:
FTL:1557786:1
EXHIBIT B
1. That the parties have amicably settled their differences herein, their settlement
being embodied in a written Settlement Agreement duly approved and executed by both parties.
2. That the Court shall enter a Stipulated Final Judgment Approving Settlement
Agreement, in the form attached hereto as Exhibit A.
day of
2006.
STIPULATED AND AGREED to this
Respectfully submitted,
RUDEN, McCLOSKY, SMTlli,
SCHUSTER & RUSSELL, P.A.
Attorneys for National Advertising Company
200 East Broward Boulevard, 15th Floor
Post Office Box 1900
Fort Lauderdale, Florida 33301
(954) 527-2466; Fax (954) 333-4066
By:
GLENN N. SMITH
Florida Bar No. 165334
STIPULATED AND AGREED to this
day of
2006.
ROGERS TOWERS, P.A.
Attorneys for Pinellas COWlty
1301 Riverplace Boulevard
Suite 1500
Jacksonville, Florida 32207
(904) 398-3911; Fax (904) 396-0663
By:
WILLIAM D. BRINTON
Florida Bar No. 242500
FTL:l 557786: I
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-3844-CI-ll
NATIONAL ADVERTISING COMPANY, :
a Florida Corporatio~
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporatio~
Defendant.
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation, as successor in
interest to Lamar Wbiteco Outdoor
Corporation,
CASE NO. 00-1939-CI-20
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
STIPULATED FINAL JUDGMENT APPROVING
SETTLEMENT AGREEMENT
This cause came before the Court on the parties' Joint Motion for Entry of Final
Judgment Approving Settlement Agreement. The Court has reviewed the said Joint Motion, the
parties' Settlement Agreement and has been otherwise duly advised in the premises. Thereupon,
it is the Final Judgment of this Court as follows:
FTL:1557837:1
EXHIBIT A
1. That the Court hereby accepts and approves the Joint Motion for Entry of Final
Judgment Approving Settlement, and the terms thereof are incorporated herein by reference.
2. That the parties' Settlement Agreement, a copy of which is attached hereto as
Exhibit 1, is hereby accepted and approved by this Court and made a part of this Final Judgment
by reference.
3. That this cause be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
4. That the Court retains jurisdiction solely for the purpose of enforcing this
Stipulated Final Judgment Approving Settlement Agreement and the parties' Settlement
Agreement.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this
day of
2006.
CIRCUIT COURT JUDGE
Copies furnished to:
Glenn N. Smith, Esq.
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
Attorneys for National Advertising Company
200 East Broward Boulevard, 15th Floor
Post Office Box 1900
Fort Lauderdale, Florida 33301
(954) 764-6660; Fax: (954) 764-4996
William D. Brinton, Esq.
Rogers Towers, P.A.
Attorneys for Pine lIas County
1301 Riverplace Boulevard
Suite 1500
Jacksonville, Florida 32207
(904) 398-3911; Fax: (904) 396-0663
FTL:1557837:1
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
Plaintiff,
CASE NO.: 00-7393 CI (88B)
00-7394 CI (88A)
00-7395 CI (88B)
00-7397 CI (88A)
00-7399 CI (88B)
00-7400 CI (88A)
00-7401 CI (88B)
00-8884 CI (88B)
NATIONAL ADVERTISING COMPANY
d/b/a INFINITY OUTDOOR,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
STIPULATION FOR DISMISSAL. WIm PREJUDICE
THE PARTIES hereto, by and through their undersigned counsel, stipulate and agree as
follows:
1. That the parties have amicably resolved their differences herein.
2. That the Court enter the Agreed Final Order Vacating Code Enforcement Board
Order and Dismissing Case, With Prejudice, submitted herewith, providing for vacation of the
Code Enforcement Board Orders upon which such appeal is based, and further dismissing case,
with prejudice, with each party to bear its own costs and attorneys' fees.
STIPULATED AND AGREED to this _ day of
, 2006.
RUDEN, McCLOSKY, SMITH,
SCHUSTER & RUSSELL, P.A.
Attorneys for National Advertising Company
200 East Broward Boulevard, 15th Floor
Post Office Box 1900
Fort Lauderdale, Florida 33302
(954) 527-2469; Fax: (954) 333-4069
By:
GLENN N. SMITH
Florida Bar No. 165334
FTL:1614169:1
EXlDBIT I
STIPULATED AND AGREED to this _ day of
,2006.
ZIMMET, UNICE, SALZMAN,
HEYMAN & JARDINE, P.A.
Attorneys for City of Clearwater
Post Office Box 15309
Clearwater, Florida 33766
(727) 723-3772; Fax: (727) 723-1421
By:
ANDREW J. SALZMAN
Florida Bar No. 0603929
FTl:1614169:1
2
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
dlaIb INFINITY OUTDOOR,
CASE NO. 00-7393 CI (88B)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 31-00 on October 6, 2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL: 1614177:2
EXHIBITJ
CASE NO. 00-7393 CI (88B)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs andattomeys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this -
day of
. 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq., ZimInet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL:1614177:2
2
.
"
CITY OF CLEARWATER,
Petitioner,
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER. FLORIDA
Case No. 31-00
)
)
)
)
)
)
)
)
)
)
)
)
2266 Gulf to Bay Boulevard,
Clearwater. FL
Sec. 18-29-16, M&B 22.07
v.
Wolverine Prop Inv Ltd Ptnshp
31560 Northwestern Hwy Ste 110
Farmington Hill, MI 48334
8t
Infinity Outdoor, Inc
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee,FL 32301
Respondent(s).
The Municipal Code Enforcement Board has heard testimony at its regular "leeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT:
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Florida D~partment of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor, Inc.
(there was no representative present for Wolverine Prop Inv Ltd Ptnshp), and viewing the evidence,
City Exhibits 1-1 7 (As to property owner: Ex. 1 - 1994 amortization letter; Ex. 2 - 2000
amortization letter; Ex. 3 - notice of violation with certified mail receipt; Ex. 4 - 6/16/00 affidavit of
posting; Ex. 5 _ code sections cited; Ex. 6 - property appraiser printout; Ex. 7 - composite photos;
Ex. 8 _ affidavit of violation/request for hearing; and Ex. 9 - notice of hearing (covers both property
owner and billboard owner). As to billboard owner: Ex. 10 - 1994 amortization letter; Ex. 11 -
2000 amortization Jetter; Ex. 12 - notice of violation with certified mail receipt; Ex. 13- 6/16/00
affidavit of posting; Ex. 14 - code sections cited; Ex. 15 - property appraiser printout; Ex. 16 -
composite photos; and Ex. 17 - affidavit of violation/request for hearing)
and
Infinity Outdoor, Inc. Exhibits 1-17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Development Standards, Division 18 Signs; Ex. 7 - Clearwater
Land Developments, Article 4: Development Review and Other Procedures, Section 4.609 Vested
Rights: Ex. 8 _ Clearwater Land Development Regulations, Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations, Article 8: Definitions and Rules of Construction; Ex. 19
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to Marilyn
Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit, in and for Pinellas County, Florida; Case #99-3B44-CI-11; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department, 390 So.2d115(Fla. 4th
DCA 19BO); Ex. 14 - R. K. Overstreet, as Tax Collector of Dade County, et al. vs. Robert L. Blum,
etc., et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith, as Chief of Police, City of Dania, 1 B9 So.2dB46(Fla. 4th DCA 1966); Ex. 16 -
Clearwater Code See 44.58 Illegal Signs, Supplement No. 10; and Ex. 17 - 23 USCA ~ 131 (q) -
(t)), it is evident the property is in violation of Sees. 3-1803(Y), 3-1806(B)(1 )c, d, e, & f.
Specifically, Sees. 3-1803(Y), 3-1806(B)(1 )c, d, e, & f and Sec. 44.55(3)(b) of the previous land
Found in Violation
EXHIBIT A
e
.
development code required sign compliance or removal by 1/19/96. The billboard/sign still exists as
a nonconforming sign. The transitional rules of the current land development regulations Sees. 1-
106.8 and 1 06.G require that signs/billboards not lawfully existing at the time of this development
code be brought into compliance with this code. The billboard/sign fails to be lawful under the
current code.
CONCLUSIONS OF LAW:
Infinity Outdoor, Inc. and Wolverine Prop Inv Ltd Ptnshp by reason of the foregoing are in violation of
Sees. 3-1803(Y), 3-1806{B)(1)c, d. e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(s).
ORDER:
It is the Order of the Board that Infinity Outdoor, Inc. and Wolverine Prop Inv Ltd Ptnshp are
to correct the aforesaid violation within 60 days after the court's final judgment in National
Advertising Company vs. City of Clearwater Case #99-3844.-CI-11. The burden shall rest upon
Infinity Outdoor, Inc. and Wolverine Prop Inv Ltd Ptnshp to request a reinspection by the Code
Inspector to verify compliance with this Order.
In the event the aforesaid violation is found; in subsequent proc~edings by this Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. and Wolverine Prop Inv
Ltd Ptnshp may each be ordered to pay a. fine in the amount of two hundred fifty and no/1 00 dollars
($250.00) per day for each day the violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. and Wolverine Prop Inv Ltd Ptnshp do not comply within the time
specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of
Pinellas County, Florida, and once recorded shall constitute a lien against any real or personal
property owned by Infinity Outdoor, Inc. and any real or personal property owned by Wolverine Prop
Inv Ltd Ptnshp pursuant to Chapter 162 of the Aorida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a publiC hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida.
Attest:
Municipal Code Enforcement Board
City of Clearwater, FI rid
./
~~~
Mary K. ia~~. ,...
Board Secretary
.,;
Please Return to:
City of Clearwater. City Clerk Dept.
P.O. Box 4748
Clearwater. FL 33758-4748
receipt r~~~
Mary K. Ian .
Board Secretary
this 6th day of
Sent by certified mail with return
October, 2000.
Found in Violation
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
d/a/b INFINITY OUTDOOR,
CASE NO. 00-7394 CI (88A)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 32-00 on October 6, 2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL:1614584:2
CASE NO. 00-7394 CI (88A)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq., Zimmet, Uruce, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL:1614584:2
2
-
.
CITY OF CLEARWATER,
Petitioner,
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 32-00
I
I
I
)
)
)
)
)
)
)
)
)
1751 Gulf to Bay Boulevard,
Clearwater, FL
Suburb Beautiful, Blk C, Lots 1, 2 &
E 25' of Lot 3 and all of Lot 6
v.
Ace Liquors, Ine
1751 Gulf to Bay Blvd.
Clearwater, FL 33755
&
Infinity Outdoor Inc
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee,FL 32301
Respondent(s).
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact, Conclusions of Law,.
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Florida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor, Inc.
(there was no representative present for Ace Liquors, Inc.), and viewing the evidence, City Exhibits
1-1 7 (As to property owner: Ex. 1 - 1 994 amortization letter: Ex. 2 - 2000 amortization letter; Ex. 3
_ notice of violation with certified mail receipt; Ex. 4 - 6/16/00 affidavit of posting; Ex. 5 - code
sections cited; Ex. 6 _ property appraiser printout; Ex. 7 - composite photos; Ex. 8 - affidavit of
violation/request for hearing; and Ex. 9 - notice of hearing (covers both property owner and billboard
owner). As to billboard owner: Ex. 10 - 1994 amortization letter; Ex. 11 - 2000 amortization letter;
Ex. 12 _ notice of violation with certified mail receipt; Ex. 13 - 6/16/00 affidavit of posting; Ex. 14
_ code sections cited; Ex. 15 _ property appraiser printout; Ex. 16 - composite photos; and Ex. 17 -
affidavit of violation/request for hearing)
and
Infinity Outdoor, Inc. Exhibits 1-17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Development Standards, Division 18 Sighs; Ex. 7 - Clearwater
Land Developments, Article 4: Development Review and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations, Article 6: NC?nconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations, Article 8: Definitions and. Rules of Construction; Ex. 10
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to MarilyF'
Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit, in and for Pine lias County, Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department, 390 so.2d115(Fla. 41h
DCA 19801; Ex. 14 _ R. K. Overstreet, as Tax Collector of Dade County, et al. vs. Robert l. Blum,
etc., et ai, 227So.2d197(Fla. s.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith. as Chief of Police, City of Dania, 189 so.2d846(Fla. 41h DCA 1966); Ex. 16 -
Clearwater Code Sec 44.58 Illegal Signs, Supplement No. 10; and Ex. 17 - 23 UsCA ~ 131 (q) -
(t)). it is evident the property is in violation of Sections 3-1803(Y) 3,1806(BIl1)c, d, e, & f.
Specifically, Sections 3-1803(Y) 3,1806(BIl1Ic. d, e, & f and Section 44.55(3)(b) of the previous
Found in Violation
EXHIBIT A
-
.
land development code required sign compliance or removal by 1/19/96. The billboard/sign still
exists as a nonconforming sign. The transitional rules of the current land development regulations
Sees. 1-106.B and 106.G require that signs/billboards not lawfully existing at the time of this
development code be brought into compliance with this code. The billboard/sign fails to be lawful
under the current code.
CONCLUSIONS OF LAW
Infinity Outdoor, Inc. and Ace Liquors, Inc. by reason of the foregoing are in violation of Sees.
3-1803(Y), 3-1806(8)(1 )c, d, e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation{sl.
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Ace Liquors, Inc. are to correct the
aforesaid violation within 60 days after the court's final judgment in National Advertising Company
vs. City of Clearwater Case #99-3844-CI-11. The burden shall rest upon Infinity Outdoor, Inc. and
Ace Liquors, Inc. to request a reinspection by the Code Inspector to verify compliance with this
Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. and Ace Liquors, Inc.
may each be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars {$250.001
per day for each day the violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. and Ace Liquors, Inc. do. not comply within the time specified, a
certified copy of the Order imposing the fine may be recorded in the Public Records of Pine lias
County, Florida, and once recorded shall constitute a lien against any real or personal property owned
by Infinity Outdoor, Inc. and any real or personal property owned by Ace Liquors, Inc. pursuant to
Chapter 162 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pine lias County, Florida.
Attest: .
Municipal Code Enforcement Board
City of Clearwater, FIQrida
~
Mary K is a
Board Secretary
Sent by certified mail with return
October, 2000.
receipt requested. to the Respondents this 6th day of
M~Y~
Board Secretary
Please Return to:
City of Clearwater, City Clerk Dept.
P.O. Box 4748
Clearwater. Fl 33758-4748
Found in Violation
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
d/a/b INFINITY OUTDOOR,
CASE NO. 00-7395 CI (88B)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 33-00 on October 6, 2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTl:1614601 :2
CASE NO. 00-7395 CI (88B)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq:, Zimmet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL:1614601 :2
2
e
e
CITY OF CLEARWATER.
Petitioner.
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER. FLORIDA
Case No. 33-00
)
)
)
)
)
)
)
)
)
)
)
)
501-525 S. Belcher Road.
Clearwater. FL
Sec. 18-29-16, M&B 32.05
v.
Ellis Co Ltd c/o Stanley G. GIbson, R.A.
23E. Tarpon Avenue
Tarpon Springs, FL 34688
&
Infinity outdoor Inc
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent(s).
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
September 27. 2000. and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Florida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor. Inc.;
and Donald Hall for property owner, and viewing the evidence. City Exhibits 1-1 7 (As to property
owner: Ex. 1 _ 1994 amortization letter; Ex. 2 - 2000 amortization letter; Ex. 3 - notice of violation
with certified mail receipt; Ex. 4 - 6116/00 affidavit of posting; Ex. 5 - code sections cited; Ex. 6 -
property appraiser printout; Ex. 7 - composite photos; Ex. 8 - affidavit of violation/request for
hearing; and Ex. 9 _ notice of hearing (covers both property owner and billboard owner). As to
billboard owner: Ex. 10 _ 1 994 amortization letter; Ex. 11 - 2000 amortization letter; Ex. 1 2 -
notice of violation with certified mail receipt; Ex. 13 - 6/16/00 affidavit of posting; Ex. .14 - code
sections cited; Ex. 15 _ property appraiser printout; Ex. 16 - composite photos; and Ex. 17 -
affidavit of violation/request for hearing)
and
Infinity Outdoor. Inc. Exhibits 1-17 fEx. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Development Standards. Division 18 Signs; Ex. 7 - Clearwater
Land Developments, Article 4: Development Review and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations. Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations. Article 8: Definitions and Rules of Construction; Ex. 10
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to Marilyn
Mullen Healy. Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit. in and for Pinellas County, Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County
National Utility Company. Inc. vs. Palm Beach County Health Department, 390 So.2d115(Fla. 4th
DCA 1980); Ex. 14 _ R. K. Overstreet. as Tax Collector of Dade County. et al. vs. Robert L. Blum,
etc., et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith, as Chief of Police. City of Dania, 189 So.2d846(Fla. 4th DCA 1966); Ex. 16 -
Clearwater Code Sec 44.58 Illegal Signs. Supplement No.1 0; and Ex. 17 - 23 USCA ~ 131 (q) -
(t)), it is evident the property is in violation of Secs. 3.1803(Y) 3,1806(8)(1 )c, d. e, & 1. Specifically,
Secs. 3-1803(YI 3, 1806(B)(1 Ie, d, e. & f and Sec. 44.55(3)(b) of the previous land development
Found in Violation
EXHIBIT A
.
.
code required sign compliance or removal by 1/19/96. The billboard/sign still exists as a
nonconforming sign. The transitional rules of the current land development regulations Sees. ,-
106.B and 106.G require that signs/billboards not lawfully existing at the time of this development
code be brought into compliance with this code. The billboard/sign fails to be lawful under the
current code.
CONCLUSIONS OF LAW
Infinity Outdoor, Inc. and Ellis Co Ltd by reason of the foregoing are in violation of Sees. 3-
1803(Y), 3-1806(8)(1 )c, d, e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(s).
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Ellis Co Ltd are to correct the
aforesaid violation within 60 days after the court's final judgment in National Advertising Company
vs. City of Clearwater Case #99-3844-CI-11. The burden shall rest upon Infinity Outdoor, Inc. and
Ellis Co Ltd to request a reinspection by the Code Inspector to verify compliance with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. may be ardered to pay a
fine in the amount of two hundred fifty and nol100 dollars ($250.00) per day for each day the
violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. does not comply within the time specified, a certified copy of the
Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real or personal property owned by Infinity Outdoor, Inc.
pursuant to Chapter 162 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida.
Attest:
Municipal Code Enforcement Board
City of Clearwater, Florida
M~~
Board Secretary
Sent by certified mail with return receipt requested, to the Respondents this 6th day of
October, 2000.
Please Return to:
City of Clearwater. City Clerk Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
Found in Violation
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
d/a/b INFINITY OUTDOOR,
CASE NO. 00-7397 CI (88A)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WIm PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 34-00 on October 6, 2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL:1614602:2
CASE NO. 00-7397 CI (88A)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq., ZiInmet,"Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL:1614602:2
2
.
e
CITY OF CLEARWATER,
Petitioner,
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 34-00
)
)
)
)
)
)
)
)
)
)
)
)
2800 Gulf to Bay Boulevard,
Clearwater. FL
Sec. 17-29-16. M&B 13.07
v.
Limited Properties,Joc c/o James F. Burns.R.A.
2352 Harn Blvd.
Clearwater, FL 33758
&
Infinity Outdoor Inc
Corporations Service Company. ~.A.
1201 Hays Street
Tallahassee. FL 32301
Respondent(s).
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact. Conclusions of Law.
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary JoFox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith. Florida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor. Inc.
(there was no representative present for Limited Properties. Inc.). and viewing the evidence, City
Exhibits 1-1 7 (As to property owner: Ex. 1 - 1 994 amortization letter; Ex. 2 - 2000 amortization
letter; Ex. 3 _ notice of violation with certified mail receipt; Ex. 4 - 6/16/00 affidavit of posting; Ex.
5 _ code sections cited; Ex. 6 _ property appraiser printout; Ex. 7 - composite photos; Ex. 8 -
affidavit of violation/request for hearing; and Ex. 9 - notice of hearing (covers both property owner
and billboard owner). As to billboard owner: Ex. 10 - 1994 amortization letter; Ex. 11 - 2000
amortization letter; Ex. 12 _ notice of violation with certified mail receipt; Ex; 13 - 6/16/00 affidavit
of posting; Ex. 14 - code. sections cited; Ex. 15 - property appraiser printout; Ex. 16 - composite
photos; and Ex. 17 - affidavit of violation/request for hearing) .
and
Infinity Outdoor. Inc. Exhibits 1-17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations. Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations. Article 3: Development Standards. Division 18 Signs; Ex. 7 - Clearwater
Land Developments. Article 4: Development Review and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations. Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations. Article 8: Definitions and Rules of Construction; Ex. 1 <?
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. l' - 9/8/00 letter to Marilyn
Mullen Healy. Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit, in and for Pinellas County. Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County
National Utility Company. Inc. vs. Palm Beach County Health Department. 390 So.2d115(Fla. 4lh
DCA 1980); Ex. 14 _ R. K. Overstreet. as Tax Collector of Dade County. et al. vs. Robert L. Blum,
etc., et al. 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith, as Chief of Police. City of Dania. '89 So.2d846(Fla. 4lh DCA 1966); Ex. 16 -
Clearwater Code See 44.58 Illegal Signs, Supplement No. 10; and Ex. 17 - 23 USCA ~ 131 (q) -
(t)), it is evident the property is in violation of Sections 3- 1 803(Y) and 3.1806(B)(' )c, d, e, & f.
Specifically, Sees. 3-' 803(Y) 3, 1806(B){1 )c, d, e. & f and Sec. 44.55(3)(b) of the previous land
Found in Viola<<ion
EXHIBIT A
e
e
development code required sign compliance or removal by 1/19/96. The billboard/sign still exists as
a nonconforming sign. The transitional rules of the current land development regulations Sees. 1-
106.B and 106.G require that signs/billboards not lawfully existing at the time of this development
code be brought into compliance with this code. The billboard/sign fails to be lawful under the
current code~
CONCLUSIONS OF LAW
Infinity Outdoor, Inc. and Limited Properties, Inc. by reason of the foregoing are in violation of
Sees. 3-1803(Y), 3-1806(B)(1)c. d, e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(sl.
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Limited Properties, Inc. are to
correct the aforesaid violation within 60 days after the court's final judgment in National Advertising
Company vs. City of Clearwater Case #99-3844-CI-11. The burden shall rest upon Infinity Outdoor.
Inc. and Limited Properties, Inc. to request a reinspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. and Limited Properties,
Inc. may each be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars
($250.001 per day for each day the violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. and Limited Properties, Inc. do not comply within the time specified, a
certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas
County, Florida, and once recorded shall constitute a lien against any real or personal property owned
by Infinity Outdoor, Inc. and any real or personal property owned by Limited Properties, Inc. pursuant
to Chapter 162 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida.
~
Mary K ia a
Board Secretary
Attest:
Sent by certified mail with return
October. 2000.
receipt requested. to the Respondents this 6th day of
'/:r~~~~~
M;r~K;Fnl' ~.
Board Secretary
Please Return to:
City of Clearwater, City Clerk Dept.
P.O. Box 4748
Clearwater. FL 33758-4748
Found in Violation
NATIONAL ADVERTISING COMPANY, :
d/aIb INFINITY OUTDOOR,
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-7399 CI (88B)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 35-00 on October 6,2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTl: 1614604:2
CASE NO. 00-7399 CI (88B)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq., Zinunet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL:1614604:2
2
e
e
CITY OF CLEARWATER,
Petitioner,
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER. FLORIDA
Case No. 35-00
)
)
)
)
)
)
)
)
)
)
)
)
2760 Gulf to Bay Boulevard,
Clearwater, FL
Sec. 17-29-16, M&B 24.01
v.
Bayrock Energy Inc
1031 S. Caldwell St., Ste 101
Charlotte, NC 28203
&
Infinity Outdoor Inc
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondert.
The Municipal Code Enforcement 80ard has heard testimony at its regular meeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact. Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Rorida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor. Inc.;
and Adam Dionna for property owner, and viewing the evidence, City Exhibits 1-17 (As to property
owner: Ex. 1 _ 1994 amortization letter; Ex. 2 - 2000 amortization letter; Ex. 3 - notice of violation
with certified mail receipt; Ex. 4 - 6/16/00 affidavit of posting; Ex. 5 - code sections cited; Ex. 6 -
property appraiser printout; Ex. 7 - composite photos; Ex. 8 - affidavit of violation/request for
hearing; and Ex. 9 - notice of hearing (covers both property owner and billboard owner). As to
billboard owner: Ex. 10 _ 1994 amortization letter; Ex. 11 - 2000 amortization letter; Ex. 1 2 -
notice of violation with certified mail receipt; Ex. 13 - 6/16/00 affidavit of posting; Ex. 14 - code
sections cited; Ex. 15 _ property appraiser printout; Ex. 16 - composite photos; and Ex. 17 -
affidavit of violation/request for hearing)
and
Infinity Outdoor, Inc. Exhibits 1-17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Development Standards. Division 18 Signs; Ex. 7 - Clearwater
Land Developments. Article 4: Development Review and Other Procedures. Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations, Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations. Article 8: Definitions and Rules of Construction; Ex. 10
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to Marilyn
Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit, in and for Pinellas County, Florida; Case #99-3844-CI-ll; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department, 390 So.2d115(Fla. 4lh
DCA 1980); Ex. 14 - R. K. Overstreet, as Tax Collector of Dade County, et al. vs. Robert L. Blum,
etc., et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith, as Chief of Police, City of Dania. 189 So.2d846(Fla. 4lh DCA 1966); Ex. 16 -
Clearwater Code Sec 44.58 Illegal Signs. Supplement No. 10; and Ex. 17 - 23 USCA ~ 131 (q) -
(t)), it is evident the property is in violation of Sees. 3-1803(Y) 3,1806(B)(1)c, d, e, & f. Specifically,
Sees. 3-1803(Y) 3, 1806(B)(1 )c, d. e, & f and Sec. 44.55(3)(b) of the previous land development
Found in Violation
EXHIBIT A
e
-
code required sign compliance or removal by 1/19/96. The billboard/sign still exists as a
nonconforming sign. The transitional rules of the current land development regulations Secs. 1-
106.B and 106.G require that signs/billboards not lawfully existing at the time of this development
code be brought into compliance with this code. The billboard/sign fails to be lawful under the
current code.
CONCLUSIONS OF LAW
Infinity Outdoor, Inc. and Bayrock Energy, Inc. by reason of the foregoing are in violation of
Secs. 3-1803(Y), 3-1806(B)(1)c, d, e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(s).
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Bayrock Energy, Inc. are to correct
the aforesaid violation within 60 days after the court's final judgment in National Advertising
Company V5. City of Clearwater Case #99-3844-CI-11. The burden shall rest upon Infinity Outdoor,
Inc. and Bayrock Energy, Inc. to request a reinspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by tHis Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. may be ordered to pay a
fine in the amount of two hundred fifty and no/100 dollars ($250.00) per day for each day the
violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. does not comply within the time specified, a certified copy of the
Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real or personal property owned by Infinity Outdoor, Inc.
pursuant to Chapter 162 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida.
M~~
Board Secretary
Municipal Code Enforcement Board .
Chy of CI~.7".t.r; FI~ri~ .
)~~ ~
Helen Kerwin
Chair
Attest:
Sent by certified mail with return
October, 2000.
receipt requested, to the Respondents this 6th day of
M~~
Board Secretary
Please Return to:
City of Clearwater, City Clerk Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
Found in Violation
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
d/a/b INFINITY OUTDOOR,
CASE NO. 00-7400 CI (88A)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 36-00 on October 6, 2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL:1614606:2
CASE NO. 00-7400 CI (88A)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq., Zimmet, Unice, Sal7.man, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL: 1614606:2
2
e
e
CITY OF CLEARWATER,
Petitioner,
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 36-00
)
)
)
)
)
)
)
)
)
)
)
)
2779 Gulf to Bay Boulevard,
Clearwater, FL
Baskin's Replat Resub., part of Lot 2
v.
Herbert E. Wollowick
104 Driftwood Lane
Largo, FL 33770
&
Infinity outdoor Inc
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee,FL 32301
. .~espondent(s).
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Florida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor, Inc.;
and Herbert E. Wollowick for property owner, and viewing the evidence, City Exhibits 1-1 7 (As to
property owner: Ex. 1 _ 1994 amortization letter; Ex. 2 - 2000 amortization letter; Ex. 3 - notice of
violation with certified mail receipt; Ex. 4 - 6/16/00 affidavit of posting; Ex. 5 - code sections cited;
Ex. 6 _ property appraiser printout; Ex. 7 - composite photos; Ex. 8 - affidavit of violation/request
for hearing; and Ex. 9 _ notice of hearing (covers both property owner and billboard owner). As to
billboard owner: Ex. 10 _ 1994 amortization letter; Ex. 11 - 2000 amortization letter; Ex. 12 -
notice of violation with certified mail receipt; Ex. 13 - 6/16/00 affidavit of posting; Ex. 14 - code
sections cited; Ex. 1 5 _ property appraiser printout; Ex. 16 - composite photos; and Ex. 17 -
affidavit of violation/request for hearing)
and
Infinity Outdoor, Inc. Exhibits 1-17 lEx. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Qevelopment Standards, Division 18 Signs; Ex. 7 - Clearwater
Land Developments, Article 4: Development Review and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations, Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations, Article 8: Definitions and Rules of Construction; Ex. 19
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to Marilyn
Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit, in and for Pine lias County, Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department, 390 So.2d115IFla. 4th
DCA 1980); Ex. 14 _ R. K. Overstreet, as Tax Collector of Dade County, et al. vs. Robert L. Blum,
etc., et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith, as Chief of Police, City of Dania, 189 So.2d846IFla. 4"\ DCA 19661; Ex. 16 -
Clearwater Code Sec 44.58 Illegal Signs, Supplement No. 10; and Ex. 17 - 23 USCA ~ 131 lql -
(t)), it is evident the property is in violation of Sections 3-1803IY) 3,1806(8)(1 )c, d, e, & f.
Specifically, Secs. 3-1803IY)' 3-18061Blc, d, e, & f, and Sec. 44.5513){bl of the previous land
Found in Viola{ion
EXHIBIT A
.
.
development code required sign compliance or removal by 1 /1 ~/96. The billboard/sign still exists as
a nonconforming sign. The transitional rules of the current land development regulations Secs. 1-
106.B and 106.G require that signs/billboards not lawfully existing at the time of this development
code be brought into compliance with this code. The billboard/sign fails to be lawful under the
current code.
CONCLUSIONS OF LAW
Infinity Outdoor, Inc. and Herbert E. Wollowick by reason of the foregoing are in violation of Secs. 3-
1803(y). 3-1806{B)(1)c, d, e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(s).
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Herbert E. Wollick are to correct the
aforesaid violation within 60 days after the court's final judgment in National Advertising Company
vs. City of Clearwater Case #99-3844-CI-ll. The burden shall rest upon Infinity Outdoor, Inc. and
Herbert E. Wollick to request a reinspaction by the Code Inspector to verify compliance with this
Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. may be ordered to pay a
fine in the amount of two hundred fifty and no/l00 dollars ($250.00) per day' for each day the
violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. does not comply within the time specified, a certified copy of the
Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real or personal property owned by Infinity Outdoor, Inc.
pursuant to Chapter 162 of the Florida Statutes. .
Any aggrieved party may petition the 80ard to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida.
~
Mary K. ia a
Board Secretary
Municipal Code Enforcement Board .
Cay o:z:' F~~
Helen Kerwin
Chair
Attest:
Sent by certified mail with return receipt
October, 2000.
requested, to the Respondents
~
Mary K ia a
Board ecretary
this 6th day of
Please Return to:
CitY of Clearwater, City Clerk Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
Found in Violation
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-7401 CI (88B)
NATIONAL ADVERTISING COMPANY, :
d/a/b INFINITY OUTDOOR,
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FlNAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
TIllS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 37-00 on October 6, 2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL: 1614607: 2
CASE NO. 00-7401 CI (88B)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, Florida 33302
Andrew J. Salzman, Esq., Zimmet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL:1614607:2
2
e
e
CITY OF CLEARWATER,
Petitioner,
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 37-00
)
)
)
I
I
)
)
)
)
)
)
)
2516 Gulf to Bay Boulevard,
Clearwater, FL
Studebaker's Sub., Lot 2
v.
Car Spa Clearwater
515 Las Olas Blvd., Ste 1100
Ft Lauderdale, FL 33301
&
Infinity Outdoor Inc
Corporations Service Company, R.A.
1201 Hays Street
TaUahassee,FL 32301
. .. Responde~t.
.'
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact, ConcluSions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Florida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor, Inc.;
and Attorney Tracy Robin for property owner, and viewing the evidence, City Exhibits 1-17 (As to
property owner: Ex. 1 - 1 994 amortization letter; Ex. 2 - 2000 amortization letter;. Ex. 3 - notice of
violation with certified mail receipt; Ex. 4 - 6116/00 affidavit of posting; Ex. 5 - code sections cited;
Ex. 6 _ property appraiser printout; Ex. 7 - composite photos; Ex. 8 - affidavit of violation/request
for hearing; and Ex. 9 - notice of hearing (covers both property owner and billboard owner). As to
billboard owner: Ex. 1 0 - 1 994 amortization letter; Ex. 11 - 2000 amortization. letter; Ex. 1 2 -
notice of violation with certified mail receipt; Ex. 13 - 6/16/00 affidavit of posting; Ex. .14 - code
sections cited; Ex. 15 - property appraiser printout; Ex. 16 - composite photos; and Ex. 17 -
affidavit of violation/request for hearing)
and
Infinity Outdoor, Inc. Exhibits 1-17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Dev~lopment Standards, Division 18 Signs; Ex. 7 - Clearwater
Land Developments, Article 4: ,Deyelopment Re.view and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater land Development Regulations, Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations, Article 8: Definitions and Rules of Construction; Ex. 1 Q
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to Marilyn
Mullen Healy. Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater. in the Sixth Judicial
Circuit, in and for Pinellas County, Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department. 390 So.2d115IFla. 41h
. DCA 1980); Ex. 14 - R. K. Overstreet, as Tax Collector of Dade County, et al. vs. Robert L. Blum,
etc., et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith, as Chief of Police, City of Dania. 189 So.2d846IFla. 41h DCA 1966); Ex. 16 -
Clearwater Code See 44.58 Illegal Signs, Supplement No.1 0; and Ex. 17 - 23 USCA ~ 131 lq) -
It)). and Car Spa Clearwater Exhibit 1 - application for site plan approval with attachments, it is
evident the property is in violation of Sees. 3-1803/Y) 3,1806/8)(1 )c, d, e, & f. Specifically, Secs.
Found in Violation
EXHIBIT A
e
.
3-1803(YI 3,1806(8)(1 Ie, d, e, & f and Sec. 44.55(3)(b) of the previous land development code
required sign compliance or removal by 1/19/96. The billboard/sign still exists as a nonconforming
sign. The transitional rules of the current land development regulations Secs. 1-106.B and 106.G
require that signs/billboards not lawfully existing at the time of this development eode be brought
into compliance with this code. The billboard/sign fails to be lawful under the current code.
CONCLUSIONS OF LAW
Infinity Outdoor, Inc. and Car Spa Clearwater by reason of the foregoing are in violation of
Sees.3-1803(Y), 3-1806(B)(1)c. d, e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(s).
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Car Spa Clearwater are to correct
the aforesaid violation within 60 days after the court's final judgment in National Advertising
Company vs. City of Clearwater Case #99-3844-CI-11. The burden shall rest upon Infinity Outdoor,
Inc. and Car Spa Clearwater to request a reinspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by this 80ard, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. may be ordered to pay a
fine in the amount of two hundred fifty and no/1 00 dollars ($250.00) per day for each day the
violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. does not comply within the time specified, a certified copy of the
Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real or personal property owned by Infinity Outdoor, Inc.
pursuant to Chapter 1 62 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida.
Attest:
M~r~
Board Secretary
Helen
Chair
Sent by certified mail with return receipt
October, 2000.
requested, to the Respondents
M~~
Board Secretary
this 6th day of
Please Return to:
City of Clearwater, City Clerk Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
....... .'
Found in Violation
ffilLC~:
OCT 11 2000 .. : .
U~bLJ vr:siill
G. N s.
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-8884 CI (88B)
NATIONAL ADVERTISING COMPANY, :
d1a/b INFINITY OUTDOOR,
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 38-00 on November 3, 2000, be and the same is hereby vacated and of
no further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL: 1 614609:2
CASE NO. 00-8884 CI (88B)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
. 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, Florida 33302
Andrew J. Salzman, Esq., Zimmet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL: 1 614609: 2
2
~
,
.
.
.
, MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 38-00
CITY OF CLEARWATER,
Petitioner,
)
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2894 Gulf to ~ay Boulevard,
Clearwater, FL
Sec. 17-29-16, M&B 13.34
v.
Glen Ellen Mobile Home Park
clo Diversified Investments .
Attn: Philip S. Moreau
4340 East West Hwy, Ste 206
Bethesda, MD 20814
AND
Lamar Whiteco Outdoor Corp
CT Corporation System, R.A.
1200 S. Pine Island Rd.
Plantation, FL 33324
Respondent.
The Municipal Code Enforcement Board has heard testimony at its regul,ar meeting held on
October 26, 2000, and based on the 'evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Mary Jo Fox, Code Inspector, and Jeff Kronschnabl,
Development Services Director, for City; Attornev' Aileen M. Reilly, Susan Rosetti, Florida
Department of Transportation Right-of-Way Administrator, Connie Warehime, Assistant to
Leasing Manager, Lamar Whiteco Outdoor Corporation for billboard owner; Herbert C. McAtee,
Asset Manager, Diversified Investments, for property owner, and viewing the evidence, City
Exhibits 1-19 (As to property owner: Ex. 1 - 1'994 amortization letter; Ex. 2 - 2000 amortization
letter; Ex. 3 _ notice of violation with certified mail receipt; Ex. 4 - 4/28/00 affidavit of posting;
Ex. 6 _ code sections cited; Ex. 6 - property appraiser printout; Ex. 7 - composite photos: Ex. 8
_ affidavit of violation/request for hearing; and Ex. 9 - notice of hearing (covers both property
owner and billboard owner). As to billboard owner: Ex. 10 - 1 994 amortization letter; Ex. 11 -
2000 amortization letter; Ex. 12 - notice of violation w~th certified mail r.eceipt; Ex. 13 -
5/10/00 affidavit of posting; Ex. 14 - code sections cited; Ex. 16, - property appraiser printout;
Ex. 16 _ composite photos; Ex. 17 - affidavit of violation/request for hearing); Ex. 18 and Ex. 19
- sign measurements)
and
Lamar Whiteco Outdoor Corporation Exhibits 1-4 (Ex. 1 - Definition of non-conforming sign; Ex.
2 _ F.S. 479 re advertising on highways; Ex. 3 - 2000 letter re outdoor advertising State Road.
60 (Gulf-to-Bay Boulevard) and Ex. 4 - 1996 Thomas J. Ptak letter) , it is evident the property is
in violation of Sees. 3-1803(Y) 3,1806(B)(1)c, d, e, & f. Specifically, Sees. 3-1803,(Y)
3, 1806(B)(1 )c, d, e, & f and Sec. 44.66(3)(b) of the previous land development code required
sign compliance or removal by 1/19/96. The billboard/sign still exists as a nonconforming sign.
The transitional rules of the current land development regulations Sees. 1-106.8 and 106.G
require that signs/billboards not lawfully existing at the time of this development code be brought
into compliance with this code. The billboard/sign fails to be lawful under the current code.
Found in Violation
EXHIBIT A
.
. .
,
.
CONCLUSIONS OF LAW
Lamar Whiteco Outdoor Corporation and Glen Ellen Mobile Home Park c/o Diversified
Investments, by reason of the foregoing are in violation of Secs. 3-1803(Y), 3-1806(B)(1)c, d, e,
& f of the Coc!e of the City of Clearwater, Florida, in that the Respondents have failed to remedy
the cited violation(s).
ORDER
It is the Order of the Board that Lamar Whiteco Outdoor Corporation and Glen Ellen
Mobile Home Park c/o Diversified Investments are to correct the ,aforesaid vioiation within 60
days after the court's final judgment in Lamar Whiteco Outdoor Corporation vs. City of
Clearwater Case #0D-1939-CI-20. The burden shall rest upon' Lamar White co Outdoor
Corporation and Glen Ellen Mobile Home Park c/o Diversified Investments to request a
r~inspection by the Code Inspector to verify compliance witt:l this Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Board, not
to have been corrected by the specified compliance date, Lamar Whiteco"Outdoor Corporation
may be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars ($260.00)
per day for each day the violation continues beyond the specified compliance date.
If Lamar Whiteco Outdoor Corporation does not comply within the time specified, a
certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas '
County, Florida, and once recorded shall constitute a lien against any real or personal property
owned by Infinity Outdoor, Inc. pursuant to Chapter 162 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order
resulting from a publiC hearing. A petition for rehea'i"ing must be made in writing and filed with
the Board' Secretary no later than thirty days after the execution of the Order and prior to the
filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to
reconsider or rehear the case. The Board will not hear oral argument or evidence in determining
whether to grant the petition to reconsider or rehear.
DONE AND ORDERED this 3rd of November, 2000. at Clearwater, Pinellas County, Fiorida.
~. 1f-/
JsL/Merv K. Die~.
'0 Board Secretary
Municipal Code Enforcement Board
City of Clearwater, Florida
~~. ~kJe/'-~f~~'----
Lawrence Tieman
Vice Chair
Attest:
Sent by certified mail with return receipt requested,' to the Respondents this 3rd day of
November, 2000. L ~
4"l../ ~A~~
Please Return to: ~ary K. Diana .
City of Clearweter, City Clerk Dept. B~erd Secretary
P.O. Box 4748
Clearwater, FL 33758-4748
Found in Violation
ORDINANCE NO. 7568-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING FINDINGS; AUTHORIZING THE MAYOR OF THE CITY
OF CLEARWATER TO EXECUTE A SETTLEMENT
AGREEMENT WITH NATIONAL ADVERTISING COMPANY AND
ITS PARENT COMPANY, VIACOM OUTDOOR, INC.,
REGARDING LITIGATION OVER THE REMOVAL AND
PLACEMENT OF OUTDOOR ADVERTISING STRUCTURES
COMMONLY REFERRED TO AS BILLBOARDS; PROVIDING
RECITALS; PROVIDING DEFINITIONS; PROVIDING FOR
REMOVAL OF CERTAIN IDENTIFIED BILLBOARDS OVER A
DEFINED PERIOD OF TIME; PROVIDING FOR MAINTENANCE,
REPAIR AND RECONSTRUCTION OF THE IDENTIFIED
BILLBOARDS SUBJECT TO CERTAIN REQUIREMENTS;
PROVIDING THAT IN THE EVENT DEVELOPMENT OR
REDEVELOPMENT OF THE PROPERTY UPON WHICH A
BILLBOARD IS LOCATED OCCURS, NATIONAL SHALL BE
ENTITLED TO RELOCATE AND RECONSTRUCT THE
BILLBOARD ON SAID PROPERTY IN ORDER TO
ACCOMMODATE THE DEVELOPMENT OR REDEVELOPMENT,
AND PROVIDING FOR ISSUANCE OF PERMITS FOR SAID
RELOCATION AND RECONSTRUCTION, AND PROVIDING
THAT THE RELOCATED AND RECONSTRUCTED BILLBOARD
SHALL SATISFY SETBACK REQUIREMENTS FOR
FREESTANDING SIGN STRUCTURES IN EFFECT AT THE
TIME OF RELOCATION, AND THAT ANY RELOCATION AND
RECONSTRUCTION SHALL NOT INCREASE THE SIZE OR
HEIGHT OF THE BILLBOARD; PROVIDING THAT THE CITY
SHALL NOT IMPOSE A REQUIREMENT THAT SAID
BILLBOARDS BE REMOVED FOR DEVELOPMENT OR
REDEVELOPMENT OF THE PARCEL DURING THE REMOVAL
PERIOD; PROVIDING FOR THE FORWARDING OF CERTAIN
ASSURANCES CONCERNING THE SETTLEMENT
AGREEMENT TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION; PROVIDING FOR RELOCATION PERMITS
IN THE EVENT OF AUTHORIZED RELOCATION; PROVIDING
FOR VESTED RIGHTS TO OPERATE, MAINTAIN,
RECONSTRUCT AND RELOCATE THE BILLBOARDS IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
SETTLEMENT AGREEMENT; PROVIDING FOR MUTUAL
RELEASES AND WAIVERS AND PROVIDING THE SCOPE
THEREOF; PROVIDING FOR NOTICE; PROVIDING
REPRESENTATIONS AND WARRANTIES AS TO THE
PARTIES' AUTHORITY TO ENTER INTO THE SETTLEMENT
AGREEMENT; PROVIDING FOR ENFORCEMENT; PROVIDING
VJt.". (5, \
Ordinance No. 7568-05
THAT SAID AGREEMENT IS THE ENTIRE AGREEMENT
BETWEEN THE PARTIES; PROVIDING FOR BINDING EFFECT;
PROVIDING FOR THE FILING OF A JOINT MOTION FOR
STIPULATED FINAL JUDGMENT IN THE LITIGATION AND FOR
THE ENTRY OF DISMISSALS WITH PREJUDICE IN CERTAIN
APPEALS OF CODE ENFORCEMENT BOARD ACTION;
PROVIDING THAT IF THE AGREEMENT IS INVALIDATED BY A
THIRD PARTY. THE PARTIES SHALL BE RETURNED TO
THEIR RESPECTIVE LEGAL POSITIONS AS EXISTED ON THE
EFFECTIVE DATE; PROVIDING THAT THE AGREEMENT IS IN
COMPROMISE OF DISPUTED CLAIMS; ATTACHING EXHIBITS
"A" THROUGH "J"; PROVIDING FOR OTHER MODIFICATIONS
THAT MAY ARISE FROM REVIEW OF THE ORDINANCE AT
THE PUBLIC HEARINGS AND WITH RESPONSIBLE
AUTHORITIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS. the City of Clearwater adopted certain Ordinances regulating signs
within said City. including Ordinance Nos. 4035-85. 4753-88.5257-92.5334-93. and 6348-
99; and
WHEREAS, Notices of Violation pursuant to said Ordinances were issued to
National Advertising Company and Lamar Whiteco Outdoor Corporation regarding certain
signs owned by them; and
WHEREAS, National Advertising Company filed suit against the City of Clearwater.
Case No. 00-3844-CI-11, challenging the adoption and effectiveness of said Ordinances.
asserting vested rights and rights to the continuance of allegedly lawful nonconforming
uses, challenging the City's actions on state and federal constitutional grounds and as
impairment of contract. alleging inverse condemnation. and seeking declaratory and
injunctive relief and damages, and Lamar Whiteco Outdoor Corporation filed suit with
similar allegations. Case No. 00-1939-CI-20, and during the pendency of the litigation the
subject sign owned by Lamar Whiteco Outdoor Corporation was acquired by National
Advertising Company or its parent company. Viacom Outdoor. Inc.; and
WHEREAS. National Advertising Company and the City of Clearwater entered into
mediation discussions in the course of the litigation. the result of which is the settlement
agreement attached hereto; and
WHEREAS. the Community Development Board as Local Planning Agency of the
City of Clearwater has reviewed and made recommendation to the City Council consistent
with Florida Statutes Section 163.3174. and the City Council has conducted two public
hearings consistent with Florida Statutes Section 166.041 and Chapter 163 in anticipation
that certain provisions of the settlement agreement could represent a waiver of provisions
of the City's land development code or modification of said code; now therefore,
2
Ordinance No.7568-05
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Mayor of the City of Clearwater is authorized to execute the
Settlement Agreement with National Advertising Company and its parent company,
Viacom Outdoor, Inc., which is attached as Exhibit A to this Ordinance and which
consists of the text of the Agreement and three signature pages with eleven Exhibits
labeled "A" "B" "C" "0" "E-1" "E-2" "F" "G" "H" "I" and "J"
, , , , , ,t , " .
Section 2. 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.
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:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
3
Ordinance No.7568-05
EXIllBIT A
Billboards
West of U.S. 19:
1. 523 Belcher RoadJ
2. 2266 Gulf-to-Bay Boulevard
East of U.S. 19:
3. 2779 Gulf-to-Bay Boulevard (Willowick)
4. 2800 Gulf-to-Bay Boulevard (Hooters)
5. 2882 Gulf-to-Bay Boulevard (Lamar)
The parties have agreed that this Billboard shall be removed on the first anniversary of the Effective Date.
Viacom shall have the discretion to detennine which of the other Signs will be removed on the remaining deadlines.
FTl:1542349:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 31-00
CITY OF CLEARWATER,
Petitioner,
2266 Gulfto Bay Boulevard
Clearwater, FL
Sec. 18-29-16, M&B 22.07
vs.
WOLVERINE PROP INV LTD PTNSHP
31550 Northwestern Hwy Ste 110
Farmington Hill, MI 48334
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
RespondentCs ).
FTL:1553784:1
EXHIBIT B
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITYOFCLEARWATE~FLORIDA
Case No. 32-00
CITY OF CLEARWATER,
Petitioner,
1751 Gulf to Bay Boulevard
Clearwater, FL
Suburb Beautiful, Blk C, Lots 1, 2 &
E 25' of Lot 3 and all of Lot 6
vs.
ACE LIQUORS, INC.
1751 Gulf to Bay Blvd.
Clearwater, FL 33755
&
INFINITY OUTDOO~ INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent( s ).
FTL:1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 33-00
CITY OF CLEARWATER,
Petitioner,
501-525 S. Belcher Road,
Clearwater, FL
Sec. 18-29-16, M&B 32.05
vs.
ELLIS CO LTD. c/o STANLEY G.
GillSON, R.A.
23 E. Tarpon Avenue
Tarpon Springs, FL 34688
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent( s ).
FTL:1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 34-00
CITY OF CLEARWATER,
Petitioner,
2800 Gulf to Bay Boulevard
Clearwater, FL
Sec. 17-29-16, M&B 13.07
vs.
LIMITED PROPERTIES, INC.
c/o James F. Bums, R.A.
2352 Ham Blvd.
Clearwater, FL 33758
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Resoondent( s ).
FTL:1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 35-00
CITY OF CLEARWATER,
Petitioner,
2760 Gulf to Bay Boulevard
Clearwater, FL
Sec. 17-29-16, M&B 24.01
vs.
BA YROCK ENERGY INC.
1031 S. Caldwell St., Ste 101
Charlotte, NC 28203
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent( s).
FTL:1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 36-00
CITY OF CLEARWATER,
Petitioner,
2779 Gulf to Bay Boulevard
Clearwater, FL
Baskin's Replat Resub., part of Lot 2
vs.
HERBERT E. WOLLOWICK
104 Driftwood Lane
Largo, FL 33770
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
ReSllondent( s ).
FTL:1553784:1
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 37-00
CITY OF CLEARWATER,
Petitioner,
vs.
CAR SPA CLEARWTER
515 Las Olas Blvd., Ste. 1100
Fort Lauderdale, FL 33301
&
INFINITY OUTDOOR, INC.
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent( s).
FTL:1553784:1
2516 Gulf to Bay Boulevard
CleaIWater, FL
Studebaker's Sub., Lot 2
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 38-00
CITY OF CLEARWATER,
Petitioner,
2894 Gulfto Bay Boulevard
Cle3lWater, FL
Sec. 17-29-16, M&B 13.34
vs.
GLENN ELLEN MOBILE HOME PARK
c/o Diversified Investments
Attn: Philip S. Moreau
4340 East West Hwy, Ste. 206
Bethesda, MD 20814
&
LAMARWHITECO OUTDOOR CORP.
CT Corporations System, R.A.
1200 S. Pine Island Rd.
Plantation, FL 33324
Respondent(s).
FTL:1553784:1
NATIONAL ADVERTISING COMPANY :
d/b/a INFINITY OUTDOOR,
Appellant,
vs.
CITY OF CLEARW ATERt a Florida
Municipal Corporation,
Aooellee.
GLENN ELLEN MOBILE HOME PARK
and LAMAR WHITECO OUTDOOR
CORPORATION,
Appellant,
vs.
CITY OF CLEARWATER,
a Florida Municipal Corporation,
Apoellee.
FTL:l 553689: 1
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
Appeal No. 00-7393 CI (88B)
00-7394 CI (88A)
00-7395 CI (88B)
00-7397 CI (88A)
00-7399 CI (88B)
00-7400 CI (88A)
00-7401 C;I (88B)
consolidated with
Appeal No. 00-8884 CI (88B)
EXHIBIT C
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-3844-CI-ll
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation,
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation, as successor in
interest to Lamar Whiteco Outdoor
Corporation,
CASE NO. 00-1939-CI-20
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
FTl:l 553701:1
EXHIBIT D
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
Petitioner,
DOAH CASE NOS.: 99-3940T
99-3941T
99-3942T
00-0720T
00-0721T
00-0723T
DOT CASE NOS.: 98-0017
98-0019
98-0018
00-0022
NATIONAL ADVERTISING COMPANY,
vs.
DEPARTMENT OF TRANSPORTATION,
Respondent.
/
FINAL ORDER
On November 28, 1995, the federal government caused State
Road 60 in Pinellas County to become part of the National Highway
System and, therefore, a jurisdictional roadway for purposes of
the DEPARTMENT'S obligation to regulate outdoor advertising
structures. Subsequent to that action, the DEPARTMENT informed
all owners of outdoor advertising structures adjacent to the
subject roadway that their signs now required a State Outdoor
Advertising Permit, and advised them to apply for permits.
Petitioner, NATIONAL ADVERTISING COMPANY (NATIONAL),
submitted outdoor advertising permit applications to the
DEPARTMENT for three billboard structures (six permits). The
DEPARTMENT subsequently denied the applications and NATIONAL
requested an administrative hearing. The parties agreed to stay
the proceedings until the conclusion of Stowell v. Dep't of .
Transp. (DOAH Case Number 97-1417T), 743 So. 2d 513 (Fla. 1st DCA
1999). After the appellate court rendered its decision in the
Stowell case in the DEPARTMENT'S favor, NATIONAL elected to
proceed to an administrative hearing, and the matters were
referred to the Division of Administrative Hearings (DOAH) on
September 20, 1999. In addition to its challenge to the
DEPARTMENT'S denial of its permit applications, NATIONAL
requested reinstatement of previously issued permits. The cases
were consolidated for hearing on February 17, 2000.
On February 17, 2000, a formal administrative hearing was
held in Tampa, Florida, before J. Lawrence Johnston,
Administrative Law Judge. Appearances on behalf of the parties
were as follows:
EXHIBIT E -I
For Petitioner: Gerald S. Livingston, Esquire
Aileen Reilly, Esquire
Livingston & Reilly, P.A.
612 East Colonial Drive, Suite 350
Post Office Box 2151
Orlando, Florida 32802
For Respondent: Kelly A. Bennett, Esquire
Department of Transportation
Haydon Burns Building, M.S. 58
605 Suwannee Street
Tallahassee, Florida 32399-0458
At the hearing, NATIONAL bore the burden of proof. NATIONAL
called two employees of the DEPARTMENT as witnesses and offered
exhibits 1 through 13, which were admitted into evidence. The
DEPARTMENT called two employees of the DEPARTMENT as witnesses
and offered exhibits 1 through 3, which were accepted into
evidence. Official recognition was taken of all relevant
statutes and rules. The transcript of the proceeding was filed
on April 3, 2000. On March 17, 2000, the DEPARTMENT and NATIONAL
filed their respective Proposed Recommended Orders. On April 3,
2000, Judge Johnston issued his Recommended Order. On April 17,
2000, the DEPARTMENT and NATIONAL filed their respective
exceptions to IN Recommended Order. On April 24, 2000, the
DEPARTMENT filed its response to NATIONAL'S exceptions.
Subsequent to the issuance of the Recommended Order by the
Administrative Law Judge, NATIONAL filed a Notice of Additional
Authority, to which the DEPARTMENT filed a response. NATIONAL
also filed a Motion for Stay of Entry of a Final Order. These
post-hearing filings are addressed below.
STATEMENT OF THE ISSUES
As stated by the Administrative Law Judge in his
Recommended Order, the issues presented were "whether six outdoor
advertising sign permits previously issued to Petitioner should
be reinstated; or if not, whether new permits should be issued
for the six advertising facings (two on each of three sign
structures) in Clearwater, Florida."
BACKGROUND
On January 13, 1998, the DEPARTMENT issued Notice of Denied
Application to NATIONAL for signs which were originally issued
state permits in the 1980s. The subject signs are located
adjacent to State Road 60 (Gulf-to-Bay Boulevard), .5, .4, and .3
miles east of U.S. 19 (Highland Avenue). On January 23, 1998,
NATIONAL filed a petition for a formal hearing and a Notice of
Amendment to Petition on January 28, 1998.
In March 1995, NATIONAL received a Notice of Permit Void
for each of the subject signs, which indicated that the permits
corresponding to the signs were void because the DEPARTMENT did
not have jurisdiction over the subject roadway. NATIONAL did not
request an administrative hearing with respect to the Notice of
Permit Void and since March 1995 those permits have been void.
In June 1996, the DEPARTMENT notified NATIONAL that State
Road 60 east of U.S. 19 had become a part of the National Highway
System (NHS) and that all signs adjacent to that roadway were
required to be permitted pursuant to Chapter 479, Florida
Statutes. After State Road 60, east of U.S. 19, became a part of
the NHS, sign owners were required to file an application and
supply the appropriate attachments (e.g., land owner permission,
local government certification, etc.) to obtain the required
state permits.
In the late 1980s and early 1990s, the City of Clearwater
passed and amended an ordinance which required that the subject
signs either be modified to comply with the terms of the
Clearwater Code or be removed, either of which was to be
completed by January 19, 1996. Section 479.07(3) (b), Florida
Statutes (1997), requires every permit application to be
accompanied by, among other items, a statement from the
appropriate local governmental official indicating that the sign
complies with all local governmental requirements. NATIONAL'S
applications were not accompanied by a statement from the
appropriate local governmental official, i.e., the City of
Clearwater, indicating that the signs comply with all local
governmental requirements.
The City of Clearwater later provided the DEPARTMENT with a
statement indicating that the signs do not comply with all local
governmental requirements. As such, at the time of the
DEPARTMENT'S review of NATIONAL'S applications, it was the
conclusion of the DEPARTMENT that the subject locations were not
permittable. The subject outdoor advertising permit applications
and requests for reinstatement were denied in accordance with the
provisions of Chapter 479, Florida Statutes, and NATIONAL sought
an administrative hearing.
DEPARTMENT'S EXCEPTIONS TO THE RECOMMENDED ORDER
The DEPARTMENT'S first exception is to the date November 2,
1995, in Finding of Fact No. 10. The DEPARTMENT points out that
the correct date on which the pertinent portion of State Road 60
became jurisdictional was November 28, 1995, not November 2,
1995.
A review of the record reveals that the correct date is
November 28, 1995, and that the reference to November 2, 1995, is
an apparent scrivener's error.
The DEPARTMENT'S first exception is accepted and Finding of
Fact No. 10 is corrected accordingly.
The DEPARTMENT'S second exception is to the first sentence
of Conclusion of Law No. 19, determining a sign permit to be a
license under Section 120.52(9), Florida Statutes. By its
exception, the DEPARTMENT argues that this conclusion is contrary
to the law, there are no facts or evidence in the record to
support such a conclusion, and the issue of whether outdoor
advertising permits are licenses for the purposes of Section
120.52(a), Florida Statutes, was not raised by any party.
A review of the record in this case reveals that counsel
for NATIONAL mentioned in his opening statement to the
Administrative Law Judge:
And that takes us to the last part of the
case, which is the deemer part which we'll
get to later on today. And we maintain that
the Department is now required by operation
of law to issue the permits under the deemer
portion provisions of Chapter 120 when read
in concert with certain provisions of Chapter
479. (T. 231)
However, application of the deemer provisions of Chapter 120,
Florida Statutes, to this case was never raised as an issue,
prior to the hearing the DEPARTMENT was not on notice that it
would be an issue in the case, and the record is devoid of any
testimony or evidence regarding the "deemer" provisions,of
Chapter 120, Florida Statutes, and how they apply to the issuance
of outdoor advertising permits issued by the DEPARTMENT.
NATIONAL'S proposed conclusions of law that a petition for
reinstatement, if not acted upon within thirty (30) days, should
be deemed granted, was too little, too late, and should not have
been considered by the Administrative Law Judge. Understandably,
NATIONAL provided no record citations to support its proposed
conclusions.
Section 120.60(1), Florida Statutes, provides that if an
application for a license is not acted upon by the agency within
ninety (90) days (or a shorter period of time as provided by
law), the license is deemed approved. NATIONAL argued in its
Proposed Recommended Order that because Chapter 479, Florida
Statutes, provides that the DEPARTMENT shall act on an
application for an outdoor advertising permit within thirty (30)
days, the DEPARTMENT should likewise be required to act upon a
petition for reinstatement of an outdoor advertising permit
within thirty (30) days. NATIONAL further argued that because
outdoor advertising permits are licenses, the provisions of
Section 120.60(1), Florida Statutes, must apply and if the
DEPARTMENT fails to act upon a petition for reinstatement of an
outdoor advertising permit within thirty (30) days, the permits
should be deemed granted.
Under the circumstances, the Administrative Law fudge
improperly considered and addressed NATIONAL'S position that a
petition for reinstatement of a sign permit is subject to the
provisions of Section 120.60(1), Florida Statutes, and, if not
acted upon within thirty (30) days, is deemed granted.
Conclusions of Law No. 18 and 19 address this issue which was not
previously raised, and the DEPARTMENT was afforded no opportunity
to present testimony or evidence, or otherwise address the issue.
Where issues are not sufficiently raised, parties are not
afforded full opportunity to address the issues, and the issues
are neither relevant nor material to the outcome, it is improper
for the Administrative Law Judge to address the issues in a
Proposed Recommended Order and for the DEPARTMENT to resolve such
issues in a final order.
The DEPARTMENT is responsible for the administration of
Chapter 479, Florida Statutes, and Rule 14-10, Florida
Administrative Code. Chapter 479, Florida Statutes, and Rule
14-10, Florida Administrative Code, the provisions regulating
outdoor advertising structures, as authorized by Chapter 479,
Florida Statutes, make a clear distinction between licenses and
permits for purposes of outdoor advertising. Thus, had the issue
of the applicability of Section 120.60(1), Florida Statutes, to
outdoor advertising sign permits been properly raised, testimony
and evidence of the DEPARTMENT'S interpretation of the statute
and the rule would have been admissible. Department of HRS v.
A.S., 648 So. 2d 128 (Fla. 1995) (administrative interpretation
of a statute by an agency responsible for its administration is
given great weight). Had the issue been properly and timely
raised, due process would have been afforded, and the issue would
have been properly and fully addressed by the parties.
Whether an outdoor advertising permit or an application for
reinstatement of an outdoor advertising permit is a license and,
therefore, subject to the "deemer" provisions of Section
120.60(1), Florida Statutes, was not properly raised and is, in
any event, unnecessary to the resolution of the issues presented
in this proceeding. As such, Conclusions of Law No. 18 and 19
must be rejected.
The DEPARTMENT'S second exception is accepted in part and
rejected in part.
NATIONAL'S EXCEPTIONS TO RECOMMENDED ORDER
As its first exception, NATIONAL argues that an application
for reinstatement of a sign permit is part of the DEPARTMENT'S
permitting process and, as such, constitutes an application for a
license.
NATIONAL argues that in Conclusions of Law No~ 18 and 19,
the Administrative Law Judge correctly concluded that: (1)
Section 120.60(1), Florida Statutes, governing the processing of
an application for a license, requires approval or denial within
ninety (90) days following receipt of the application for such
license, unless a shorter period of time for agency action is
provided by law; (2) that Section 479.07(4), Florida Statutes,
requires the DEPARTMENT to approve or deny applications for sign
permits within a thirty (30) day period; and (3) that sign
permits clearly fall within the definition of a license under
section 120.52(9}, Florida Statutes. NATIONAL continues by
claiming that the Administrative Law Judge then incorrectly
concludes that a petition for reinstatement of a license is not
an application for a license, and consequently, Section
120.60(1), Florida Statutes, does not apply to NATIONAL'S
petitions for reinstatement of its previously canceled state sign
permits. That conclusion, according to NATIONAL, is inconsistent
with the very language of Section 120.60(1}, Florida Statutes,
which is broad and inclusive in nature, as opposed to being
limited in its scope. NATIONAL argues that the section commences
by stating that "EVERY APPLICATION for a license shall be
approved or denied within ninety (90) days" and further provides
that "the agency must approve ANY APPLICATION for a license. . .
If the agency has not approved or denied the application within
the time periods prescribed by this subsection." (emphasis added
by NATIONAL)
NATIONAL finds it unfortunate that the terms "every,"
"application," and "any," are not defined in Chapter 120, Florida
Statutes. Consequently, NATIONAL argues, the definition commonly
ascribed to such terms must be relied upon, and that it is well
settled that in the absence of statutory definition, words of
common usage are construed in their plan and ordinary sense.
State v. Hagan, 387 So. 2d 943 (Fla. 1980). "If necessary, the
plain and ordinary meaning of the word can be ascertained by
reference to a dictionary." Green v. State, 604 So. 2d 471, 473
(Fla. 1992). Moreover, according to NATIONAL, a court may refer
to a dictionary to ascertain the plain and ordinary meaning which
the legislature intended to ascribe to the term. Gardner v.
Johnson, 451 So. 2d 477, 478 (Fla. 1984). In this case, NATIONAL
argues, Black's Law Dictionary provides great guidance in
evaluating the issue of whether or not a petition for
reinstatement of permits qualifies for inclusion in the term
lIevery application for a license," and in the term "any
application for a license."
Black's Law Dictionary defines the word "every" to mean
"each one of all; all the separate individuals who constitute the
whole, regarded one by one. The term is sometimes equivalent to
'all'; and sometimes to 'each'." (Black's Law Dictionary, Sixth
Edition, 1990.) Black's Law Dictionary defines the word
"application" to mean "a putting to, placing before, preferring a
request or petition before a person. The act of making a request
for something. A petition. . . An appeal or petition,
especially as written or presented; a putting to, placing before;
preferring a request or petition to or before a person; the act
of making a request for something." (Black's Law Dictionary,
sixth Edition, 1990.) Black's Law Dictionary defines the term
"any" to mean "some; one out of many; an indefinite number. . .
One or some (indefinitely). IAny' does not necessarily mean only
one person, but may have reference to more than one or to many. II
(Black's Law Dictionary, Sixth Edition, 1990.)
NATIONAL argues that based upon the definitions in Black's
Law Dictionary, the question of whether or not an application
(petition) for reinstatement of a license is synonymous with an
application for a license must be answered in the affirmative.
Clearly, a petition for reinstatement of 'a license qualified, and
is included, in the class of "every applicationll or "any
application." According to NATIONAL, the Administrative Law
Judge's Conclusion of Law No. 19 that "a petition for
reinstatement of a license is not an application for a license"
is contrary to established law, rule and reason, and fails to
support his further conclusion that Section 120.60(1), Florida
Statutes, does not apply to NATIONAL'S petitions for
reinstatement of its state sign permits.
There is no evidence or testimony in this record to support
NATIONAL'S position, and any suggestion that it was an issue was
only mentioned in passing during opening remarks by counsel for
NATIONAL. Although counsel for NATIONAL stated that he IIwould
get to [the issue] later on today," he never did. (T. 23) There
is no evidence or testimony in the record because the issue was
never raised by NATIONAL, it was never addressed during discovery
or during the administrative hearing, and there was no objection
to the issues as stated by the Administrative Law Judge, which
did not include whether a permit or application for reinstatement
of an outdoor advertising sign is a license. In addition, as
detailed above in the response to the DEPARTMENT'S second
exception, NATIONAL'S arguments and the conclusions of the
Administrative Law Judge are improper and unnecessary to the
resolution of the issues properly presented. The Administrative
Law Judge's Conclusions of Law No. 18 and 19 are unnecessary to
the resolution of this proceeding. As such, Conclusions of Law
No. 18 and 19 must be rejected.
NATIONAL'S first exception is rejected.
In its second exception, NATIONAL claims that the
Administrative Law Judge's Recommended Order impermissibly favors
local governmental regulations over state statutes regarding the
regulation and permitting of outdoor advertising sign structures.
According to NATIONAL, in Findings of Fact Nos. 1 through 3,
the Administrative Law Judge correctly concluded that NATIONAL
lawfully erected the three subject outdoor advertising sign
structures pursuant to permits issued by the City of Clearwater
during October 22, 1981, through July 1, 1984. In Finding of
Fact No. 13, the Administrative Law Judge correctly concluded
that when NATIONAL filed its six applications for the subject
sign structures, on or about December 29, 1997, NATIONAL included
therewith copies of the building permits issued by the City of
Clearwater for the original construction of the subject sign
structures. Armed with these findings of fact, the
Administrative Law Judge, according to NATIONAL, incorrectly
concludes in his analysis of Section 479.07(3) (b), Florida
Statutes, that because the City's sign code had been amended and
NATIONAL'S sign structures no longer complied with the City'S
code, that NATIONAL failed to provide the required local
government statement, notwithstanding NATIONAL'S production of
the earlier issued local building permits. The Administrative
Law Judge, NATIONAL claims, incorrectly ignores the fact that the
City of Clearwater in this case had already issued permits to
NATIONAL for the construction, erection, and operation of the
subject sign structures.
NATIONAL asserts that the testimony of Ken Towcimak, Senior
Manager for the DEPARTMENT in the area of regulation of outdoor
advertising, and the individual responsible for policy and
procedure, established that unpermitted outdoor advertising sign
structures located adjacent to roadways which later become
jurisdictional do not have to comply with the statutory
requirement set forth in Chapter 479, Florida Statutes. As to
size, spacing, height, and zoning, such sign structures are
permitted by the DEPARTMENT as legal nonconforming signs.
NATIONAL argues that these regulatory requirements are overlooked
by the DEPARTMENT in permitting signs which later become
jurisdictional. An additional permitting requirement in Section
479.07(3) (b), Florida Statutes, requires applications for signs
(to be constructed in the future) to likewise comply with local
governmental regulations. However, NATIONAL continues, in
situations involving existing sign structures, which were
previously permitted by the applicable local government, to now
require them to again comply with local governmental regulations,
while ignoring the requirements set forth in Florida Statutes,
carves an impermissible distinction in favor of local ordinances,
while ignoring the provisions of state statutes relating to the
same regulatory requirements regarding size, spacing, height,
zoning, etc.
NATIONAL ignores the evidence and testimony in the record
upon which the Administrative Law Judge properly relied to
determine that the long since expired building permits were
insufficient to establish "local government permission. II
NATIONAL is correct in its statement that when the subject
roadway came under DEPARTMENT control, the law governing the
state requirements for size, height, spacing, and zoning were not
considered when permitting existing signs. However, due to the
enactment of Section 479.15, Florida Statutes, the DEPARTMENT is
precluded from permitting signs which do not comply with local
government requirements. See also ~~ 479.07(3) (b), and
479.15(1), Fla. Stat. As the record undisputedly reflects,
nonconformity and illegality are separate and distinct
determinations and the DEPARTMENT is without authority to permit
a sign declared illegal by a local governmental entity. The
record contains competent, substantial evidence to support the
Administrative Law Judge's Conclusion of Law No. 26 that the
subject signs do not comply with the City's codes and that
conclusion is well supported in the law.
NATIONAL'S second exception is rejected.
NATIONAL'S third exception is to Conclusion of Law No. 24
because it improperly rules upon, and concludes, the actions of
the City of Clearwater to be legal.
The Administrative Law Judge, in paragraph 24 of his
Recommended Order, cites with approval Section 479.15(1), Florida
Statutes, as the statutory basis for the DEPARTMENT denying
reinstatement of NATIONAL'S sign permits, or in the alternative,
issuance of new permits to NATIONAL. NATIONAL claims that the
Administrative Law Judge emphasizes that the DEPARTMENT may not
issue a permit for any sign which is prohibited by another public
board, officer, or agency, which again relates to the required
local governmental approval required under Section 479.07(3) (b),
Florida Statutes. However, NATIONAL argues, what the
Administrative Law Judge failed to consider is the limitation
contained in Section 479.15(1), Florida Statutes, which requires
that any such prohibition by a public board, officer, or agency,
must be lIin the lawful exercise of its powers. II Inferentially,
the Administrative Law Judge has concluded, according to
NATIONAL, the actions of the City of Clearwater to be in the
lawful exercise of its powers by concluding that Section
479.15(1), Florida Statutes, prohibits the DEPARTMENT from
issuing NATIONAL the required permits. Additionally, NATIONAL
argues, the Administrative Law Judge's conclusion that the
evidence supports a finding that the subject sign structures do
not comply with the City's codes and will not be permitted by the
City, is totally contrary to Findings of Fact No. 1 through 3,
wherein the Administrative Law Judge concludes that the outdoor
advertising sign structure in question are already permitted by
the City.
The record reflects that in the late 1980s and early 1990s,
the City of Clearwater passed and amended an ordinance which
required that the subject signs either be modified to comply with
the terms of the applicable Clearwater Code Chapter or be
removed, either of which was to be completed by January 19, 1996.
On the other hand, there is no evidence or testimony in the
record to contradict such a finding or conclusion or which would
support a finding that the referenced ordinance was other than a
legal action by the City of Clearwater. The City of Clearwater's
position is that after January 19, 1996, the subject signs became
illegal. As there is no evidence or testimony in the record that
the City's determination has been challenged in a court of
competent jurisdiction, the Administrative Law Judge could, and
did, properly conclude that the City's actions were legal.
NATIONAL third exception is rejected.
As its fourth exception, NATIONAL claims the date set forth
in Findings of Fact No. 10 is incorrect. According to NATIONAL,
the record is unrefuted that the date State Road 60, east of U.S.
19, became jurisdictional is November 28, 1995, citing also to
Finding of Fact No. 11.
As previously noted, the record reflects the accuracy of
NATIONAL'S fourth exception and Finding of Fact No. 10 is
corrected accordingly.
NATIONAL'S fourth exception is accepted.
NATIONAL'S NOTICE OF ADDITIONAL AUTHORITY
On May 25, 2000, NATIONAL served upon the DEPARTMENT its
Notice of Additional Authority, II ostensibly in support of its
"arguments made in its Exceptions to the Recommended Order. II
There is no authority in Chapter 120, Florida Statutes, or the
Florida Rules of Civil Procedure for the post-trial filing of
additional argument and reinterpretation of evidence to support a
party's position. NATIONAL'S Notice of Additional Authority goes
beyond citation to additional case or statutory authority to
support its previously made arguments. Rather, NATIONAL'S
post-hearing filing makes new arguments to support its original
position and reargues its case.
NATIONAL'S additional arguments should have been presented
to the Administrative Law Judge through legal argument or through
the examination and cross examination of witnesses. All of
NATIONAL'S additional arguments go to the propriety or legality
of the City of Clearwater's Sign Code. Both the city attorney
and a code enforcement officer for the City of Clearwater
testified at the administrative hearing. The arguments made by
NATIONAL in its Notice of Additional Authority should have been
developed through those witnesses or additional witnesses and
evidence which NATIONAL could have introduced. This is not the
proper time arm the DEPARTMENT is not the proper forum to which
new post-hearing arguments should be made.
The DEPARTMENT is without authority to consider NATIONAL'S
Notice of Additional Authority, and the arguments therein have
not been considered in the DEPARTMENT'S review of the record,
consideration of the Recommended Order, and the preparation of
this Final Order.
NATIONAL'S MOTION FOR STAY OF ENTRY OF A FINAL ORDER
On June 26, 2000, NATIONAL filed with the DEPARTMENT'S Clerk
of Agency Proceedings, a Motion for Stay of Entry of a Final
Order and exhibits thereto. The DEPARTMENT has fully considered
NATIONAL'S motion in this regard, but declines to stay the
issuance of the Final Order in this matter. Notwithstanding the
DEPARTMENT'S denial of NATIONAL'S motion to stay the entry of the
Final Order in this matter, the DEPARTMENT shall consider
NATIONAL'S motion as a motion to stay the removal of the subject
sign structures as required by the recommendation of the
Administrative Law Judge that NATIONAL'S petitions for
reinstatement and NATIONAL'S applications for new sign permits be
denied. NATIONAL'S motion is recast as a motion to stay removal
of the subject signs, as contemplated by Florida Rule of
Appellate Procedure 9.310 and Florida Rule of Civil Procedure
1.550.
FINDINGS OF FACT
1. After review of the record in its entirety, it is
determined that the Administrative Law Judge's Findings of Fact
in paragraphs 1 through 9 and 11 through 17 are supported by the
record and are accepted and incorporated as if fully set forth
herein.
2. The Findings of Fact in paragraph 10 are accepted as
corrected and incorporated as if fully set forth herein.
CONCLUSIONS OF LAW
1. The DEPARTMENT has jurisdiction over the subject matter
of and the parties to this proceeding pursuant to Chapters 120
and 479, Florida Statutes.
2. The Conclusions of Law in paragraphs 20 through 28 are
supported in the law. As such, they are adopted and incorporated
as if fully set forth herein.
3. The Conclusions of Law in paragraphs 18 and 19 are
rejected.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of
Law, it is
ORDERED that the Administrative Law Judge's Recommended
Order, as herein corrected and modified, is adopted. It is
further
ORDERED that the permits previously issued to Petitioner,
NATIONAL ADVERTISING COMPANY, for the subject signs are declared
void by operation of law and the subject signs are illegal and
must be removed. It is further
ORDERED that Petitioner, NATIONAL ADVERTISING COMPANY, shall
remove the subject signs and all associated debris within thirty
(30) days of the date of this Final Order. It is further.
ORDERED, that should Petitioner, NATIONAL ADVERTISING
COMPANY, fail to remove the subject signs and any debris
associated with said removal within the thirty (30) days herein
provided, the Respondent, DEPARTMENT OF TRANSPORTATION, or its
contractor, shall remove the subject sign and all costs
associated with such removal are hereby assessed against
Petitioner, NATIONAL ADVERTISING COMPANY. It is further
ORDERED, that the motion of Petitioner, NATIONAL ADVERTISING
COMPANY, for a stay of the entry of the Final Order in this
matter is denied without prejudice to the consideration of the
motion by the DEPARTMENT OF TRANSPORTATION as a motion to stay
the removal of the subject signs and the entry of an appropriate
order thereon.
DONE AND ORDERED this 30th day of June, 2000.
THOMAS F. BARRY, JR. P.E
Secretary
Department of Transportation
Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida 32399
ENDNOTE
1/ References to the transcript of the proceeding below are
identified as (T.) followed by the appropriate page number(s).
NOTICE OF RIGHT TO APPEAL
THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE
APPEALED PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES
9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING
A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE
9.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE
APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE
APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY
PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET, M.S.
58, TALLAHASSEE, FLORIDA 32399-458, WITHIN THIRTY (30) DAYS OF
RENDITION OF THIS ORDER.
Copies furnished to:
Kelly A. Bennett
Assistant General Counsel
Department of Transportation
Haydon Burns Building, M.S. 58
605 Suwannee Street
Tallahassee, Florida 32399-0458
Gerald S. Livingston, Esquire
Aileen Reilly, Esquire
Livingston & Reilly, P.A.
612 East Colonial Drive, Suite 350
Post Office Box 2151
Orlando, Florida 32802
Juanice Hagan
Assistant Manger, Right of Way
Department of Transportation
Haydon Burns Building, M.S. 22
605 Suwannee Street
Tallahassee, Florida 32399
Lynn Holschuh
Outdoor Advertising Administrator
Department of Transportation
Haydon Burns Building, M.S. 22
605 Suwannee Street
Tallahassee, Florida 32399
Susan Rosetti
Outdoor Advertising Administrator,
District VII
Department of Transportation
11201 North McKinley Drive, M.S. 7-900
Tampa, Florida 33612-6456
~
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Haydon B1Il1IS Building
605 8DWaDDee Street
T!!lIn.~ Florida
NATIONAL ADVER11SING.COMPANY,
PetitiOD~t
DOAB CASE NOS: 99-3,4OT
99-3941T
99-3942T
00;.720
00-121
.00-723
DOT CASE NOS: 98-0017
98-0019
98-0018
06-022
VI.
. .
DEPARTMENT OF TRA.NSPORTATlON,
Respondeat.
I
OlU)1ZR STAYJNG TR'R REMOVAL OF OUl'DOOR ADWRTImNG SIGNS
pet.iti~Der, NATIONAL AD~TISING COMPANY (hereinafter NATIONAL),
. .
filed three (3-) Petitions for Administrative HeariDg Dr response to three (3) Notices of DeDied .
Application (Notices) isSlled by the Respondeat, DEPARTMENT OF TRANSPORTATION
(hereinafter DEPARTMENT). The mauen were refc.rrecl tq the Division of AdmiDistrative
Hearings, an. adminisU'ative hearing was hdcJ, the AdmiDistrazive Law Judge issued a
.Rccommen"ed Order. anti the DEPARTMENT'S Pinal Order dated June 3O.~, adopted
the majority of the Recommended Order. iIlePv4mg the reco~OD that NATIONAL'S
app1ic:atio~ and requests for reinstatement of its sign ~ be deDicd.
On June 26. ~, prior to the i$Suauce of the Final Order, NATIONAL filed a motion
requesting that the DEPARTMENT stay the issuance of the Fmal Order in this matter. While
the DEPARTMENT denied the Motion for Stay of Entry of a Final Order. the Final Order
Page 1 of6
EXHmITE-~
JUL-l;J-~'" la.~a F...W....nowW..... ....'W...---...
__. __ ___... f ",WV
.........~ ~~ t:lI
deemed it to be a motion to stay the removal of the subject outdoor advertising signs, and
agreed to consider it as a request to stay removal of the SIlbject sips. As a basis for its
motion. NATIONAL asserte<l tbat the ~e Law ludge's RecommMVted Order, and
the DEPARTMENT'S anticipated FiDa1 Order were predicated on actions of the City of
Clearwater. which NATIONAL asserts are iJ1cga1. Acco1'dmg to NA'I10NALt tbe puIpOrted
illegal actions of the City of Clearwater are the subject of litigation in circuit court in.Pine1las
COmD:y. Florida.
The factual background wbich led to the proCeNHftp between the DEPARTMENT and
, NATIONAL began with action by the federal gOVC1'IlIDCDt wbich caused State Road 60, in
PineIlas County, to become a jurisdictional roadway for pmposes of the DEPARTMENT'S
obligation to regulate outdoor advezt:isiDg. SubsequcDt to tbal action. me DEPARTMENT
mooned all sign owners adjacem to the subject roadway that their sips now required a State
Outdoor Advertising Pennit. The sign owners were advised to apply for said permits.
NATIONAL, submitted outdoo~ a4vcrdsiDg permit applications to the
DEPARTMENT for three (3) bilJboard strUCtUreS (six (6) pem1its). The DEP AB.'l'MENT
subsequently denied the applications bec:a1Iso NATIONAL could not provide the requisite
approval of the appropriate local government as required by Section 479.07(3)(b), Florida
StatuteS. NATIONAL requested an admiDistra1ive b.eari.ng OD the matterS. At the
~dmim~trat1ve h~ two issues were raised. For purposes of NATIONAL'S motion, the
first issue is relevant: whether the proposed sign locations are permiUablc, pursuant to
Chapter 479. Florida Statutes. At the 90min1~ative proceeding, it was determined that:
1. The signs which are the subject of these proceerli'l&s are within the
Page2of6
...,...
DEPARTMENT'S jurisdiction with respect to the reguJatlon of outdoor advertising.
2. The subject signs are located adJacent to State Road 60 (GuIf-to-Bay BouIevard). .5.
.4, 'aDd .3 mlles east: of US 19 (Highland AvCDIIC).
3. The DEPARTMENT notified NATIONAL that State Road 60, east of US 19 had
become a part of the Natiooal Highway System and that all signs adjacent to that roadway were
. .
required to be ~ pursuant to Cha.ptr:r 479, Florida StatlItcs".
4. Signs could be permitted so long as the applical1t met the proc:edura1 requirements
(e.g., filed a complete and aceurate applicatioD) reprdlcss ofwhcthcr they met requirements
for physical c:baractcristic (e.g.. spaciDg).
,. Applications were required to comply with Section 479.07(3){b), Florida Statutes
(1997), which requires every permit application to be accompanied by, among othertbings,.a
statement from the appropriate local governm~l. o:flicial indicating that the sigli complies
-
with aJ11oca1 governmental requirements.
6. At the time NATIONAL'S appliadious were filed with the DEPARTMENT, the
City of Clearwater. the appropriate local govemmcnt. had provided the DEPARTMENT with
information which stated that the subject sip were DOt in compliance with aU local
government regulations.
7. At the time of the DEPARTM:ENrS review of NATIONAL'S appIicaliODS, the
subject locatioDS were not permitrable.
Because NATIONAL'S signs are not pezmittable due to a lack. of local gOVermIlcnt
certification. NATIONAL'S permits weze deDied and the propriety of those actions were
, '
upheld by the Administrative Law Judge after the fonnal hearing. The DEPARTMENT'S
Page 3 of6
....... . - -- . - - - - -
. FiDal Order adopting the recommeodllriOD of the Arlmi.TIimaave Law Judge that
NATIONAL'S application for permits and for reinstatement was eatercd on rune 30, 2000.
Because the baseS for tbe lack of local govemmcot approval are at issue in the circuit
cowt case betWeen NATIONAL ana the City of Clearwater. the DEPARTMENT has,
considered the argument that removal of the subject sips at this time is prematUre. As such.
dUe to PfnellaS C01Dlty Orcuit O>urt Case No. ~3844-CI-l1, National Advertisin, ConwanY,
a Florida Corporation vs. Citv of rn~nnt~. a Florida MnniciDal Comoradon. the
DEPARTMENT sba11 stay the removal of tJ:'e subj~ sips SDbjec:t to the conditions set forth
herein. As a condition of the staY. NATIONAL shall provide to the DEPARTMENT a
written staDJS.report of the subject JiUgadOJl tNcry Dinety (90) days. Each required statUS
report ~ be filed with the DEPARTMENT'S Oerk of Ageuq froC'N'1'1inp and a copy.shall
be provided to the DEP AR'l'MFNf'S State Outdoor Advertising Ac:bninistrator and to COUDSel
of record for the DEPARTMENT. In the tNent tba1 NATIONAL fails to provide adequate or
timely status reportS; or if the DEPARTMENT dctermiDes that the stay should not remain in
~ the DEPARTMENT wi1lnotify NATIONAL of its inteDdcd action. NATIONAL shall
remove the subject sig:Ds within tea (10) days of the, date of the DEP~TMENT'S notice or
. . .
the DEPARTMENT wiD remove the aigDs 8!Id the costS and fees. including reasonable
attorney's fees and other reasonable costs assodatec1 with any lip.gation regarding the removal
of the signs, sba1l be assessed against NATIONAL.
In the eveDt NATIONAL concludes that it cannot abide by the conditions of this Order.
NATIONAL,may file a motion within 1m (10) days oftbc dare hereofwitlidrawing its motion
for stay and the DEPARTMENT will enter an order vacating the: stay herein granted. Failure
Page 4 of6
,JUI.-IOlI-1Il1ll ~;a'.'
of NATIONAL to withdraw ~ motion ~ result in this order being in full force and effect
until.further order of the DEPARTMENT.
Based upon the foresoing, it is hereby
ORDmm>> that the motiOD ofPetidonel', NATIONAL ADVERTISING
COMPANY, to Stay Entry of a Final Order, deemed to be a motion to my removal of the
outdoor advertising sips addtessecI in the foregoiDg pr~. is hereby gramcd subject to
the conditiODS her=in imposec1. It is ~
ORDERED that if the conditions of the bcreiD imposed stay are DOt met by Petitioner,
NATIONAL ADVERTISING COMPANY, the RespoadeDt, DEPARTMENT OF
TRANSPORTATION, sba1l so notify NAttONAL and said signs sbaD be I'eJDOvcd by:
. .
NATIONAL within ten (10) days of the date oftbe DEPARTMENT'S notice. It is furtbe.r
ORDERED that Should Petitioner, NATIONAL ADVERTISING COMPANY, fail
to remove the subject signs ~ ten (10) days oftlie notice, the signs and an associated
debris will be removed by the DEPAllTMENT or its contractor 8Dd all costS oftbc sigas'
removal and cle8riDg of debris are hereby assessed against Respondent, NATIONAL
ADVERTISING COMPANY.
I~
DONE AND ORDElUID this ~ day of July, 2000.
~...~.... \~...,~~'U
l\......THOMAS F. BARRY, , P.E.
~. Seaceu,
DepartIDeDt of Transportation
Haydon Bums Bllilding
60S Suwannee Street
Tallahassee. Florida 32399
8
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Page S of6
'" u.a.-- & .a-v'" . CI .,id;CjII .' ....w.... "''''&1&.' ..................,n.
Copies fumisbed to: ,
Kelly A. Bennett
Assistant General Counsel
Dqmtme;nt of TransportadoD
Haydon Bums Building, M.S. 58
60S Suwannee Street
TalIalwscc, PJorida 32399-0458
Gerald S. UviDgston. EsQuire
Aileen Reilly, Bsquire
Livingston at Reilly, P .A.
612 East Colonial Drive. Suite 350
Post Office Box 21'1
Orlando. Plorida 32802
lnanice Hagan
Assistant Manger, Right of Way
DepartmCDt ofThmsportatioD
Haydon Bums BuDd"-g, M.S. 22
605 Suwannee Street
T'tl1RluIIIISCC. Florida 32399
Lynn Bolschuh
Outdoor Advertising AdmiDisrratOr
Department of Transportation
Haydon.Bums Bw1rling, M.S. 22'
60S SUwannoe Street
Tal)l'h"~t Florida 32399
SUsan Rosetti. .
Outdoor Advertising Administrator. District vn
Department of Tnnsportati.o~
'11201 North McKiDlcy Drive, M.S. 7-900
Tampa. Florida 33612-6456
Page 6 of 6
.w.IIIiiiII......g,....,.
PAGE 7/9
FORM 575-07~
RIGHT OF WAY
ooC,..Ol105
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
APPLICATION FOR OUTDOOR ADVERTISING PERMIT
[A] APPLICANT INFORMATION: (If you currenUy hold a State of Florida outdoor advertising license or permits, please enter the name, address and account
nwnber on file with the Department.) PlEASE TYPE OR FILL OUT IN INK. APPLICATIONS SUBMITTED IN PENCIL WILL BE RETURNED. For assistance in
completing this form, please cell (850) 414-4545.
1. Name of Applicant or Company:
2. FDOT Account Number:
3. Address of record (for billing purposes and legal notices):
CIty: State:
4. Mailing address for permit tag (If different from above):
5. Telephone #: Fax#:
(If new account. leave blank. The Department will assign an Account Number)
Z1pCode:
E-Mail:
[BJ SIGN LOCATION INFORMATION:
1. County: 2. Section: Township: Range:
3. WIthin city limits? DYes ONo. If "yes," name of municipality:
4. Property Tax 10#: Do you 0 own or 0 lease site? If lease, land owner:
5. 0 Proposed 0 ExIsting sign: Location: State Road#: US Route#~ Local Name/Number:
o miles 0 feet ON DE OS OW of (nearest Intersection). Sign will bells on the ON DE Os OW side of the
highway, facing ON DE OS OW
6. Distance of closest part of sign to edge of state right of way: feel
7. Local Address (If applicable):
8. Method of marking sign location: 0 Stakelflag OPalnted pavement Oother (please describe):
[C] SIGN DESCRIPTION:
1. Facing height: Facing width: Total Sq.Ft.: 2.
3. Height Above Ground Level: 4. Sign structure height:
6. Material used for: Facing: Support(s):
7. Configuration: 0 V-shape 0 Back-ta-Back 0 Single facing
8. WIll sign be lighted? 0 Yes 0 No If yes, describe lighting:
9. Is this an application for RELOCATION as the result of a Departmental highway project?
If yes. Tag number(s) of permit(s) to be relocated:
10. Will cutting, trimming or removal of vegetation from State right of way be required to create a viewing zone for this sign? 0 Yes D No
If the answer Is "Yes; a Management Plan must be approved by the Department and the permits for two nonconforming signs cancelled.
If the answer is UNo; In the future. you will only be allowed to trim vegetation to maintain the view of the sign as It exists at the time the permit is granted.
Tag numbers of permits to be cancelled:
11. Is an existing permit being cancelled as a condition of Issuance of this permit OTHER than for 9., or 10., above?
If yes, Tag number(s) of permit(s) to be cancelled:
NOTE: IF A PERMIT IS BEING CANCELLED FOR ISSUANCE OF A NEW PERMIT, SUBMIT THE CANCELLATION CERTIFICATION WITH THIS PERMIT
APPLICATION. FOR 10. or 11., ABOVE, THE EXISTING PERMIT WILL NOT BE CANCELLED UNLESS THE NEW PERMIT IS APPROVED.
12. Is application being submitted as the result of a Notice of Vlolation? DYes 0 No
[DJ NOTARIZATION AND CERTIFICATION
Changeable facing? 0 Yes 0 No
5. Number of poles:
DYes 0 No
DYes
ONo
I, herby CllItlfy II18lthe information gMln and Ihe ~ mede In Ihia applicaUon 818 Irue and that I ha\IlI received, In writing,
permission fnlm the Ianclown.. or other person In IawIuI poae8NiOn a/ \he 11\810 erect .. ..- ~ 8ilJ1 at \he Ioc8tIon d.....".,18d in \he appliceUon, I onIerIIand thai
submission of'.... orlTialeadlng InIorm8Uon on \I1i8 eppIicaIIon, or any othllrvlol8lion a/ 01lIp\8r4711, F1otld8 SIaluIBa. or Chap\8r 14-10. FAC,. ......... corrod8d \I/lIhIn 30 days of
notillcation by \he Department. wiI r8SUIt In nwaca1Ion of WI permit Ilwther uncIerIW1d Ihat the metal penniI tag must be pooled . \he sign 11\8 within 30 days of Issuance and the
completed slgn as desc:rIbed In this ~ must be bull wIlI*l 270 clays a/ pennIt ___ or the penrills \/OlD,
Signature of AIlPIlcant
Swam and lubsaibed befonl me thII _ day a/
(Name of Atlianl), SJhe II penlOIl8IIy _10 me or has procU:ed
PoIition In Compllny, If eppIicabIe
20
By
as I-.:atlon.
Slate of
Signature of NoI8ly:
My CommIssion Expires:
Notary's Printed Name:
REQUIRED ATTACHMENTS: Application will be returned as Incomplete if the following required attachments are not submitted with the application (see
instructions): Landowner authorization; Location Sketch; Local Govenvnent Zoning/land Use verification: Local Govemment building permit (or equivalent);
photograph of site showing markings (per [B]7) and surrounding vegetation; Application fee. PLEASE NOTE: If you do not currently hold an Outdoor Advertising
License, it may be necessary for you to obtain one before a permit can be issued.
EXBIBIT F
FORM 57~~
RIGHT OF WAY
OGC -01105
FLORIDA DEPARTMENT OF TRANSPORTATION
RE:
Application for outdoor advertising sign permit
To be completed by applicant:
Name of Applicant or Company:
Sign is: 0 existing 0 proposed
County: Municipality, if applicable:
Highway Name & Number:
Sign location description:
Section: Township: Range:
Parcel 10#:
To be completed by appropriate zoning official:
Designation of parcel on the Future Land Use Map:
The primary land uses under this designation are:
Current zoning of parcel (from Land Development Regulations):
The primary land uses under this designation are:
Is location within city limits: 0 Ves 0 No
If yes, name of city:
Please provide the name and telephone number of the person the Department may contact if additional information is required:
Name:
Telephone#:
I certify that the above information reflects the designation of the parcel as it is shown on the current comprehensive plan
adopted pursuant to chapter 163, Florida Statutes, and that I am authorized to sign this form on behalf of the county/municipality
named above:
Signature of Local Government Official
Date
Printed Name and Title
Local Government Permission: Please complete the items below. You may submit another form of written statement indicating
that the sign complies with all local governmental requirements. For a proposed sign location , a copy of the building permit issued
by the local government may be submitted.
The outdoor advertising sign identified in this application:
Dls in compliance with all duly adopted local ordinances and has been or will be issued the necessary permits.
Drs not in compliance with local ordinances, but is legally existing as a non-conforming sign.
Dls not in compliance with local ordinances and is/would be considered to be an illegally maintained structure.
Signature of Local Government Official
Date
Printed Name and Title
INSTRUCTIONS FOR COMPLETING
APPLICATION FOR OUTDOOR ADVERTISING SIGN PERMIT
All items on Page 1, Parts [A] through [D) must be filled in and all required attachments submitted. Applications must be typed or filled out in
ink. Applications filled out in pencil will be returned, Only completed applications will be reviewed; incomplete applications will be returned to the
applicant Each sign facing (side of sign) requires separate permitting; each permit requires a separate application. A permit is valid only for the
location specified on the application form. For assistance, call (850) 414-4545.
Prohibited signs _ Before making application for an outdoor advertising sign permit, check Chapter 479, Florida Statutes, and Administrative
Rule Chapter 14-10, to ensure sign meets all requirements. Any sign not complying with the law will not be permitted. Furthermore, Department
of Transportation approval is subject to compliance with all applicable local governmental regulations.
PART [A] (Applicant Information):
1. Name of Applicant or Company: person or business entity in whose name the permit will be listed. This will be the name used by the
Department for all billing notices. violation notices, and any correspondence from the Department to you. If you already have an outdoor
advertising account with the Department, use the name currently on file (account Name of Record).
2. FDOT Account Number: All personslbusiness entities which currently hold a DOT outdoor advertising license or pennit have been
assigned an account number. If you are a new account (i.e., you do not have a current Outdoor Advertising License or permit(s) with the
Department) leave this item blank. An Account Number will be assigned to you.
3. Address of Record: this will be the address used by the Department for all billing notices, violation notices, and any correspondence from
the Department to you. [For existing accounts, this address must be the same as the address currently on file with the Department or the
application will be returned for correction.]
4. Mailing address for permit tag: permit tag will be mailed to the eddress of record (3., above) unless this item is completed.
5. Enter Telephone#, Fax#, and E-mail address, as applicable.
PART [B) (Location Information):
1. County: the county in which the sign will be located.
2. Section, Township and Range: for the property on which the sign is or will be located. Within city limits?: indicate whether location is
within an incorporated are. If .Ves," indicate municipality.
3. Property Tax ID#: the parcel identification number of the land on which the sign is or will be located. This Information may be obtained
from the county Property Appraiser's office. Indicate whether you are the property owner or if you lease this site. If lease, enter the name of
the property owner.
4. Location: Indicate whether the location is for a Proposed sign or an Existing sign. The location description should follow this format
located on SROO1 (State Road#), ~ (US Route #),Palm St. (local street name of number sign is or will be located on), ~ 0 miles ·
feet x fNorthl (designated direction of travel- N.E.S.W.) of Main Avenue (Nearest intersection). Sign will be on the xfEastl side of the
highway, facing x fSouthl. The designated direction of travel (N,E,S, or W) from the nearest intersection must be given in relation to the
designated direction of travel of the route on which the sign will be located (i.e., North-South for odd numbered routes, East-West for even
numbered routes), The side of road (N,E.S, or W) is given in relation to the direction of travel. The direction the sign will face is the
principal direction (N,E,S, or W) of the sign facing in relation to the direction of travel of the route.
5. Distance of closest part of sign to edge of right of way: give the distance (to the nearest whole foot) from the edge of state right of way
to the portion of the sign closest to the road.
6. Local address: if applicable, enter the street address of the sign location (e.g., 111 State St).
7. Method for marking location: to ensure that the location inspected is that specified in the application. you must mark the proposed sign
location with easily visible markings. Identify the markings used. The markings must be in place prior to submission of the application and
remain in place 30 days after the Department's receipt of the application.
PART [C) (Sign Description):
1. Facing height, width and total square feet these measurements are taken to the nearest whole foot and include border, trim, and all
embellishments. Total square feet: height times the width.
2. Changeable facing?: indicate whether the sign will incorporate an automatic changeable facing (such as tri-vision or LED display).
3. Height above ground level: this measurement is taken, to the nearest whole foot, from the ground to the bottom of the lowest sign face.
4. Sign structure height this measurement is (to the nearest whole foot) the total vertical distance from the elevation of the crown of the
road to the top of the highest sign face, inciuding any border or trim, but exciuding embellishments.
5. Number of poles: the number of supports for the sign.
6. Material used for: enter the materials used for the sign facing and the sign supports.
7. Configuration of sign: indicate whether completed sign will be V-shaped, Back-to-Back. or Single faced. If single faced, please indicate
whether there will be more than one face, either stacked or side-by-side.
8. Will sign be lighted?: if .Yes,~ describe how sign will be lighted.
9. Is this an application for RELOCATION as the result of a Departmental highway project?: indicate whether the application is being
submitted due to a Deparb'nental eminent domain proceeding.
10. Will cuttl ng or trimming of vegetation on Department right of way be required?: if'Y es,. you must obtain a vegetation management
permit from the Department before the sign permit application can be approved. Enter the permit tag numbers of the two nonconforming
signs to be cancelled. If "No," in the future, you will only be allowed to trim vegetation necessary to maintain the view of the sign which
exists at the time of permit issuance.
11. Is an existing permit being cancelled as a condition of Issuance of this permit other than for vegetation management?: if "yes,.
enter permit number(s) of permit(s) to be cancelled. (See [C9] for vegetation management)
12. Is application being submitted as a result of a Notice of Violation?: if you have received a Notice of Violation for an illegal sign at this
location, you should answer "yes. to this question.
IF EXISTING, VALID PERMITS ARE BEING CANCELLED AS A CONDITION FOR THE ISSUANCE OF A NEW PERMIT, FOR EITHER 10.
OR 11., ABOVE, THE CANCELLATION CERTIFICATION SHOULD BE SUBMITTED WITH THIS PERMIT APPLICATION.
PART [0]: This portion of the application must be executed and notarized.
REQUIRED ATTACHMENTS: This application for an outdoor advertising sign permit will be returned to you as Incompletes if Parts [A] through
[0] of the application are not completely filled in or if any of the following attachments are not submitted:
a. A signed statement by the owner or other person in lawful control of the proposed sign site authorizing placement of the sign at that
location. If you have indicated that you are the landowner ([B]6), you do not need to submit this authorization.
b. A sketch of the proposed sign location showing, at a minimum. the information submitted in Part [B], 4.&5.. of the permit application.
Please also show the orientation of the sign facing. Include any additional information which may make the site easier to locate, e.g.,
local roads, landmarks, businesses, distance from other permitted signs, driveways, etc.
c. A statement from the appropriate local government official identifying the land use designation on both the Future Land Use Map and
the current Land Development Regulations of the parcel on which the sign is or will be located, and listing the primary uses allowable
under those designations. The name of the appropriate official whom the Department may contact with any questions must also be
supplied. You may use Page 2 of this application or any other form of written statement from the appropriate local governmental official
provided all required information is supplied.
d. Verification that a building permit will be issued for a new sign, or that the existing sign complies with all local govemment regulations
as either a conforming or nonconforming structure. You may use Page 2 of this application or any other form of written statement from
the appropriate local governmental official provided all required information is supplied.
e. A photograph of the proposed sign site showing the location markings and the surrounding vegetation; and
f. The corred permittee. If an Application for Vegetation Management at Outdoor Advertising Sign is submitted, you must submit a
separate check for that application.
PERMIT FEES:
1. THE PERMIT FEE IS $44.00 FOR A SIGN FACING (SIDE OF SIGN) OF 200 SQUARE FEET OR LESS; $64.00 FOR A SIGN FACING GREATER THAN
200 SQUARE FEET. EACH SIGN FACING REQUIRES A SEPARATE PERMIT.
2. PERMIT FEES FOR THE YEAR IN WHICH APPLICATION IS MADE MAY BE PRORATED BY PAYING ONE-FOURTH OF THE ANNUAL FEE FOR
EACH WHOLE OR PARTIAL QUARTER REMAINING IN THAT YEAR. APPUCATlONS RECEIVED AFTER SEPTEMBER 30 MUST INCLUDE THE FEES
FOR THE LAST QUARTER PLUS FEES FOR THE FOLLOWING YEAR. 'SEE CHART BELOW.l
1st Qtr. 2nd Qtr. 3td Qtr. 4th Qtr.
October 1 through
Jan. 16 through April 15 AprIl 16 through July 15 July 16 through January 15
September 30 (Includes next year fees)
200 Sq.Ft. or less $44.00 $33.00 $22.00 $55.00
Greater than 200 Sq.Ft. $64.00 $48.00 $32.00 $80.00
Payment may be made by personal or business check, money order, or cash. Make check or money order payable to the Department of
Transportation. Credit cards will not be accepted as payment. It is suggested that you submit separate checks for each permit applied for.
SUBMISSION OF APPLICATION: Submit the application (Parts [A] through [0] completed) and all required attachments to the Florida
Department of Transportation, 605 Suwannee Street, Mail Station 22, Tallahassee, FL 32399-0450.
APPROVAL OF APPLICATION: every completed application shall be acted on by the Deparb'nent within 30 days after receipt by the
Department Upon approval of the sign location and application, a copy of the permit and the permit tag will be mailed to the applicant. If
not approved. the Outdoor Advertising Office will notify the applicant, in writing, stating the reason(s) for the denial.
PERMIT TAGS: upon approval of the application for a sign permit, the applicant wiD be furnished a serially numbered permanent metal permit tag, which
must be displayed at the permitted location at all times until returned to the Department for cancellation. THE PERMIT TAG MUST BE POSTED AT THE SIGN
LOCATION WITHIN 30 DAYS OF ISSUANCE BY THE DEPARTMENT. AND A COMPLETED SIGN ERECTED WITHIN 270 DAYS FROM THE DATE OF PERMIT ISSUANCE OR THE
PERMIT WILL BECOME VOID BY ACTION OF LAw. A PERMITTEE WHO HAS NOT POSTED THE PERMIT TAG AT THE LOCAOON WITHIN THE PRESCRIBED 30 DAYS MUST
APPLY TO THE DEPARTMENT FOR A NEW PERMIT. A PERMITTEE WHO HAS NOT ERECTED A COMPLETE SIGN. INCLUDING DISPLAYING ADVERTISING COPY. WITHIN THE
PRESCRIBED 270 DAYS MAY NOT SUBMIT ANOTHER APPLICATION FOR THAT SIGN SITE FOR AN ADDITIONAL 270 DAYS FROM THE DATE THE PERMIT IS DECLARED VOID.
To: City of Clearwater
c/o Office of the Clearwater City Attorney
Clearwater, Florida
AGREEMENT OF TRANSFEREE
Under this Agreement of Transferee, made this
day of
2005,
("Transferee") acknowledges and agrees
as follows:
1. Transferee acknowledges that
[NatiotIal Advertising Company or the identity of the successor
in interest who owns the billboard structure(s) at the time of this Agreement of Transferee]
is transferring one or more of the billboard structure(s) to Transferee, which structures are
identified in Exhibit
attached hereto.
2. Transferee acknowledges that National Advertising Company and City of
Clearwater have entered into a settlement agreement dated as of ,2005,
which governs the billboard structure(s) and accompanying SIgn face(s). Transferee
acknowledges having received a copy of said settlement agreement and understands all of the
terms, provisions, conditions, and limitations of that settlement agreement.
3. In consideration for receiving the benefits of the transfer of the structure(s) and
the accompanying sign face(s) and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Transferee agrees to be bound by all of the terms,
provisions, conditions, and limitations of that settlement agreement as the same may apply to the
billboard structure( s) and sign faces owned by the undersigned Transferee or in which the
FTL:1563707:1
EXHIBIT G
undersigned Transferee has an interest, including the condition that the undersigned Transferee
obtain the same agreement from any subsequent transferee.
Witnesses:
By:
Its
FTL:1563707:1
To: City of Clearwater
c/o Office of the Clearwater City Attorney
Clearwater, Florida
AGREEMENT OF TRANSFEREE
Under this Agreement of Transferee, made this
day of
2005,
(''Transferee'') acknowledges and agrees
as follows:
1. Transferee acknowledges that
[NatiOlUll Advertising ComptJ/J)' or the identity of the successor
in interest who owns the billboard structure{s) at the time of this Agreement of Transferee]
is transferring one or more of the billboard structure(s) to Transferee, which structures are
identified in Exhibit
attached hereto.
2. Transferee acknowledges that National Advertising Company and City of
Clearwater have entered into a settlement agreement dated as of ,2005,
which governs the billboard structure(s) and accompanying SIgn face(s). Transferee
acknowledges having received a copy of said settlement agreement and understands all of the
terms, provisions, conditions, and limitations of that settlement agreement.
3. In consideration for receiving the benefits of the transfer of the structure(s) and
the accompanying sign face(s) and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Transferee agrees to be bound by all of the terms,
provisions, conditions, and limitations of that settlement agreement as the same may apply to the
billboard structure(s) and sign faces owned by the undersigned Transferee or in which the
FTL: 1 563707: 1
undersigned Transferee has an interest, including the condition that the undersigned Transferee
obtain the same agreement from any subsequent transferee.
Witnesses:
By:
Its
ffi:1563707:1
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-3844-CI-II
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation,
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation, as successor in
interest to Lamar Whiteco Outdoor
Corporation,
CASE NO. OO-I939-CI-20
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
JOINT MOTION FOR ENTRY OF FINAL JUDGMENT
APPROVING SETTLEMENT AGREEMENT
The parties hereto, by and through their undersigned counsel, stipulate and agree as
follows:
FTL:1557786:1
EXBlBIT B
1. That the parties have amicably settled their differences herein, their settlement
being embodied in a written Settlement Agreement duly approved and executed by both parties.
2. That the Court shall enter a Stipulated Final Judgment Approving Settlement
Agreement, in the form attached hereto as Exhibit A.
STIPULATED AND AGREED to this
day of
2006.
Respectfully submitted,
RUDEN, McCLOSKY, SMTIH,
SCHUSTER & RUSSELL, P.A.
Attorneys for National Advertising Company
200 East Broward Boulevard, 15th Floor
Post Office Box 1900
Fort Lauderdale, Florida 33301
(954) 527-2466; Fax (954) 333-4066
By:
GLENN N. SMITH
Florida Bar No. 165334
STIPULATED AND AGREED to this
day of
2006.
ROGERS TOWERS, P.A.
Attorneys for Pinellas County
1301 Riverplace Boulevard
Suite 1500
Jacksonville, Florida 32207
(904) 398-3911; Fax (904) 396-0663
By:
WILLIAM D. BRlNTON
Florida Bar No. 242500
FTL:1557786: 1
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-3844-CI-ll
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation,
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT, IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
a Florida Corporation, as successor in
interest to Lamar Whiteco Outdoor
Corporation,
CASE NO. OO-1939-CI-20
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
STIPULATED FINAL JUDGMENT APPROVING
SETTLEMENT AGREEMENT
This cause came before the Court on the parties' Joint Motion for Entry of Final
Judgment Approving Settlement Agreement. The Court has reviewed the said Joint Motion, the
parties' Settlement Agreement and has been otherwise duly advised in the premises. Thereupon,
it is the Final Judgment of this Court as follows:
FTL:1557837:1
EXHIBIT A
I. That the Court hereby accepts and approves the Joint Motion for Entry of Final
Judgment Approving Settlement, and the terms thereof are incorporated herein by reference.
2. That the parties' Settlement Agreement, a copy of which is attached hereto as
Exhibit I, is hereby accepted and approved by this Court and made a part of this Final Judgment
by reference.
3. That this cause be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
4. That the Court retains jurisdiction solely for the purpose of enforcing this
Stipulated Final Judgment Approving Settlement Agreement and the parties' Settlement
Agreement.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this
day of
2006.
CIRCUIT COURT JUDGE
Copies furnished to:
Glenn N. Smith, Esq.
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
Attorneys for National Advertising Company
200 East Broward Boulevard, 15'" Floor
Post Office Box 1900
Fort Lauderdale, Florida 33301
(954) 764-6660; Fax: (954) 764-4996
William D. Brinton, Esq.
Rogers Towers, P.A.
Attorneys for Pinellas County
1301 Riverplace Boulevard
Suite 1500
Jacksonville, Florida 32207
(904) 398-3911; Fax: (904) 396-0663
FTL:1557837:1
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PlNELLAS COUNTY, FLORIDA
Plaintiff,
CASE NO.: 00-7393 CI (88B)
00-7394 CI (88A)
00-7395 CI (88B)
00-7397 CI (88A)
00-7399 CI (88B)
00-7400 CI (88A)
00-7401 CI (88B)
00-8884 CI (88B)
NATIONAL ADVERTISING COMPANY
d/b/a INFINITY OUTDOOR,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
STIPULATION FOR DISMISSAL. WITH PREJUDICE
THE PARTIES hereto, by and through their undersigned counsel, stipulate and agree as
follows:
1. That the parties have amicably resolved their differences herein.
2. That the Court enter the Agreed Final Order Vacating Code Enforcement Board
Order and Dismissing Case, With Prejudice, submitted herewith, providing for vacation of the
Code Enforcement Board Orders upon which such appeal is based, and further dismissing case,
with prejudice, with each party to bear its own costs and attorneys' fees.
STIPULATED AND AGREED to this _ day of
,2006.
RUDEN, McCLOSKY, SMITH,
SCHUSTER & RUSSELL, P.A.
Attorneys for National Advertising Company
200 East Broward Boulevard, 15th Floor
Post Office Box 1900
Fort Lauderdale, Florida 33302
(954) 527-2469; Fax: (954) 333-4069
By:
GLENN N. SMITH
Florida Bar No. 165334
FTL: 1614 169: 1
EXBlDIT I
STIPULATED AND AGREED to this _ day of
,2006.
ZIMMET, UNICE, SALZMAN,
HEYMAN & JARDINE, P.A.
Attorneys for City of Clearwater
Post Office Box 15309
Clearwater, Florida 33766
(727) 723-3772; Fax: (727) 723-1421
By:
ANDREW J. SALZMAN
Florida Bar No. 0603929
FTL:1614169:1
2
NATIONAL ADVERTISING COMPANY, :
dlaIb INFINITY OUTDOOR,
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-7393 CI (88B)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 31-00 on October 6, 2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL:1614177:2
EXHIBITJ
CASE NO. 00-7393 CI (88B)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this -
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq., Zimmet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL:1614177:2
2
.
'.
CITY OF CLEARWATER,
Petitioner.
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 31-00
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2266 Gulf to Bay Boulevard,
Clearwater, FL
Sec. 18-29-16, M&B 22.07
v.
Wolverine Prop Inv Ltd Ptnshp
31550 Northwestern Hwy Ste 110
Farmington Hill, MI 48334
&
Infinity Outdoor, Inc
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee,FL 32301
Respondent(s).
The Municipal Code Enforcement Board has heard testimony at its regular "leeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT:
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Florida D~partment of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor. Inc.
(there was no representative present for Wolverine Prop Inv Ltd Ptnshp), and viewing the evidence,
City Exhibits 1-1 7 (As to property owner: Ex. 1 - 1994 amortization letter; Ex. 2 - 2000
amortization letter; Ex. 3 - notice of violation with certified mail receipt; Ex. 4 - 611 6/00 affidavit of
posting; Ex. 5 _ code sections cited; Ex. 6 - property appraiser printout; Ex. 7 - composite photos;
Ex. 8 _ affidavit of violation/request for hearing; and Ex. 9 - notice of hearing (covers both property
owner and billboard owner). As to billboard owner: Ex. 10 - 1 994 amortization letter; Ex. 11 -
2000 amortization letter; Ex. 12 - notice of violation with certified mail receipt; Ex. 13- 6116/00
affidavit of posting; Ex. 14 - code sections cited; Ex. 15 - property appraiser printout; Ex. 16 -
composite photos; and Ex. 17 - affidavit of violation/request for hearing)
and
Infinity Outdoor, Inc. Exhibits 1-17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Development Standards, Division 18 Signs; Ex. 7 - Clearwater
Land Developments, Article 4: Development Review and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations, Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations. Article 8: Definitions and Rules of Construction; Ex. 19
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to Marilyn
Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit, in and for Pinellas County, Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department, 390 So.2dl15(Fla. 4th
DCA 1980); Ex. 14 _ R. K. Overstreet, as Tax Collector of Dade County, et al. vs. Robert L. Blum,
etc., et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith, as Chief of Police, City of Dania, 189 So.2d846(Fla. 4lh DCA 1966); Ex. 16 -
Clearwater Code Sec 44.58 Illegal Signs, Supplement No. 10; and Ex. 17 - 23 USCA ~ 131 (q) -
(t)), it is evident the property is in violation of Secs. 3-1803(Y), 3-1806(B)(1)c, d, e, &. f.
Specifically, Secs. 3-1803(Yl. 3-1806(B)(1Ic, d, e. &. f and Sec. 44.55(3)(b) of the previous land
Found in Violation
EXHIBIT A
e
.
development code required sign compliance or removal by 1/19/96. The billboard/sign still exists as
a nonconforming sign. The transitional rules of the current land development regulations Secs. 1-
106.B and' 06.G require that signs/billboards not lawfully existing at the time of this development
code be brought into compliance with this code. The billboard/sign fails to be lawful under the
current code.
CONCLUSIONS OF LAW:
Infinity Outdoor, Inc. and Wolverine Prop Inv Ltd Ptnshp by reason of the foregoing are in violation of
Sees. 3-1803(Y), 3-1806(B)(1)c, d. e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(s).
ORDER:
It is the Order of the Board that Infinity Outdoor, Inc. and Wolverine Prop Inv Ltd Ptnshp are
to correct the aforesaid violation within 60 days after the court's final judgment in National
Advertising Company vs. City of Clearwater Case #99-3844-CI-11. The burden shall rest upon
Infinity Outdoor, Inc. and Wolverine Prop Inv Ltd Ptnshp to request a reinspection by the Code
Inspector to verify compliance with this Order.
In the event the aforesaid violation is found; in subsequent proceedings by this Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, In~. and Wolverine Prop Inv
Ltd Ptnshp may each be ordered to pay a, fine in the amount of two hundred fifty and no/1 00 dollars
($250.00) per day for each day the violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. and Wolverine Prop Inv Ltd Ptnshp do not comply within the time
specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of
Pinellas County, Florida, and once recorded shall constitute a lien against any real or personal
property owned by Infinity Outdoor, Inc. and any real or personal property owned by Wolverine Prop
Inv Ltd Ptnshp pursuant to Chapter 162 of the Rorida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argl:lment or evidence in determining whether to grant the
petition to reconsider or rehear. .
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida.
~~~
Mary K. ia~~' "-
Board Secretary
Municipal Code Enforcement Board
City of Clearwater, FI rid
/
Attest:
.;
Sent by certified mail with return receipt
October, 2000.
requested, to the Respondents
M~~
Board Secretary
this 6th day of
Please Return to:
City of Clearwater, City Clerk Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
Found in Violation
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
d/aIb INFINITY OUTDOOR,
CASE NO. 00-7394 CI (88A)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Mwricipal Code Enforcement Board of the City of
Clearwater in Case No. 32-00 on October 6, 2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL: 1614584:2
CASE NO. 00-7394 CI (88A)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq., Zimmet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL:1614584:2
2
e
.
CITY OF CLEARWATER.
Petitioner.
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER. FLORIDA
Case No. 32-00
I
I
)
)
)
)
)
)
)
)
)
)
1751 Gulf to Bay Boulevard.
Clearwater. FL
Suburb Beautiful, Blk C, Lots 1, 2 &
E 25' of Lot 3 and all of Lot 6
v.
Ace Liquors. Inc
1751 Gulf to Bay Blvd.
Clearwater, FL 33755
&
Infinity Outdoor Inc
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee,FL 32301
Respondent(s).
The Municipal Code Enforcement .Board has heard testimony at its regular meeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact, Conclusions of Law,.
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Florida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor, Inc.
(there was no representative present for Ace Liquors, Inc.), and viewing the evidence, City Exhibits
1-1 7 (As to property owner: Ex. 1 - 1 994 amortization letter; Ex. 2 - 2000 amortization letter; Ex. 3
_ notice of violation with certified mail receipt; Ex. 4 - 6/16/00 affidavit of posting; Ex. 5 - code
sections cited; Ex. 6 _ property appraiser printout; Ex. 7 - composite photos; Ex. 8 - affidavit of
violation/request for hearing; and Ex. 9 - notice of hearing (covers both property owner and billboard
owner). As to billboard owner: Ex. 10 - 1994 amortization letter; Ex. 11 - 2000 amortization letter;
Ex. 12 _ notice of violation with certified mail receipt; Ex. 13 - 6/16/00 affidavit of posting; Ex. 14
_ code sections cited; Ex. 1 5 _ property. appraiser printout; Ex. 1 6 - composite photos; and Ex. 17 -
affidavit of violation/request for hearing)
and
Infinity Outdoor, Inc. Exhibits 1-17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Development Standards, Division 18 Signs; Ex. 7 - Clearwater
Land Developments, Article 4: Development Review and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations, Article 6: NC?nconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations, Article 8: Definitions and. Rules of Construction; Ex. 10
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to Marily."
Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit, in and for Pine lias County, Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department, 390 So.2d115/Fla. 41h
DCA 1980); Ex. 14 _ R. K. Overstreet, as Tax Collector of Dade County, et al. vs. Robert L. Blum,
etc., et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith, as Chief of Police, City of Dania, 189 So.2d846(Fla. 4th DCA 1966); Ex. 16 -
Clearwater Code Sec 44.58 Illegal Signs, Supplement No. 10; and Ex. 17 - 23 USCA 5 131 /q) -
(t)!. it is evident the property is in violation of Sections 3-l803(Y) 3,1806(B)(1)c, d, e, & f.
Specifically, Sections 3-1803/Y) 3, 1806/B)(1 )c, d. e. & f and Section 44.55(3)(b) of the previous
Found in Violation
EXHIBIT A
--
.
land development code required sign compliance or removal by 1/19/96. The billboard/sign still
exists as a nonconforming sign. The transitional rules of the current land development regulations
Secs. 1-106.B and 106.G require that signs/billboards not lawfully existing at the time of this
development code be brought into compliance with this code. The billboard/sign fails to be lawful
under the current code.
CONCLUSIONS OF LAW
Infinity Outdoor, Inc. and Ace Liquors, Inc. by reason of the foregoing are in violation of Secs.
3-1803(Y), 3-1806{B)(1 )c. d, e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violationlsl.
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Ace Liquors, Inc. are to couect the
aforesaid violation within 60 days after the court's final judgment in National Advertising Company
vs. City of Clearwater Case #99-3844-CI-11. The burden shall rest upon Infinity Outdoor, Inc. and
Ace Liquors, Inc. to request a reinspection by the Code Inspector to verify compliance with this
Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. and Ace Liquors, Inc.
may each be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars ($ 250.00)
per day for each day the violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. and Ace Liquors. Inc. do not comply within the time specified. a
certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas
County, Florida, and once recorded shall constitute a lien against any real or personal property owned
by Infinity Outdoor, Inc. and any real or personal property owned by Ace Liquors, Inc. pursuant to
Chapter 162 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida.
Attest: .
Municipal Code Enforcement Board
City of Clearwater. FIQrida
~
Mary K ia a
Board Secretary
.A:.~
Please Return to:
City of Clearwater, City Clerk Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
receipt requested, to the Respondents this 6th day of
M~Y~
Board Secretary
Sent by certified mail with return
October, 2000.
Found in Violation
IN THE CIRCUIT COURT OF THE 6th
ruDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
d/a/b INFINITY OUTDOOR,
CASE NO. 00-7395 CI (88B)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADruDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 33-00 on October 6, 2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL: 1614601:2
CASE NO. 00-7395 CI (RRB)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq:, Zimmet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL:1614601 :2
2
e
e
CITY OF CLEARWATER,
Petitioner,
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 33-00
)
)
)
)
)
)
)
)
)
)
)
)
501-525 S. Belcher Road,
Clearwater, FL
Sec. 18-29-16, M&B 32.05
v.
Ellis Co Ltd c/o Stanley G. Gibson, R.A.
23 E. Tarpon Avenue
Tarpon Springs, FL 34688
&
Infinity Outdoor 'nc
Corporations Service Company, R.A.
1201 Hays Street
Ta/lahassee,FL 32301
Respondent/s).
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Florida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor, Inc.;
and Donald Hall for property owner, and viewing the evidence, City Exhibits '-'7 (As to property
owner: Ex. 1 _ 1994 amortization letter; Ex. 2 - 2000 amortization letter; Ex. 3 - notice of violation
with certified mail receipt; Ex. 4 - 6/'6/00 affidavit of posting; Ex. 5 - code sections cited; Ex. 6 -
property appraiser printout; Ex. 7 - composite photos; Ex. 8 - affidavit of violation/request for
hearing; and Ex. 9 _ notice of hearing (covers both property owner and billboard owner). As to
billboard owner: Ex. 10 _ 1994 amortization letter; Ex. 11 - 2000 amortization letter; Ex. 12 -
notice of violation with certified mail receipt; Ex. 13 - 6/16/00 affidavit of posting; Ex.' 4 - code
sections cited; Ex. 15 _ property appraiser printout; Ex. , 6 - composite photos; and Ex. 17 -
affidavit of violation/request for hearing)
anq ,
Infinity Outdoor, Inc. Exhibits 1-' 7 fEx. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Development Standards, Division 18 Signs; Ex. 7 - Clearwater
Land Developments, Article 4: Development Review and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations, Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations, Article 8: Definitions and Rules of Construction; Ex. '0
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. , 1 - 9/8/00 letter to Marilyn
Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit, in and for Pinellas County, Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department. 390 So.2d115(Fla. 4th
DCA 1980); Ex. 14 _ R. K. Overstreet, as Tax Collector of Dade County. et al. vs. Robert L. Blum,
etc.. et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith, as Chief of Police, City of Dania, 189 So.2d846(Fla. 41h DCA 1966); Ex. 16 -
Clearwater Code Sec 44.58 Illegal Signs. Supplement No. 10; and Ex. 17 - 23 USCA ~ 131 (q) -
(t)), it is evident the property is in violation of Secs. 3-1803(Y) 3,1806(8)(' )c, d. e, & f. SpecificallY.
Secs. 3-1803(Y) 3, 1806(B1I1 Ie. d, e. & f and Sec. 44.55(3J(b) of the previous land development
Found in Violation
EXHIBIT A
.
.
code required sign compliance or removal by 1/19/96. The billboard/sign still exists as a
nonconforming sign. The transitional rules of the current land development regulations Secs. 1-
106.S and 106.G require that signs/billboards not lawfully existing at the time of this development
code. be brought into compliance with this code. The billboard/sign fails to be lawful under the
current code.
CONCLUSIONS OF LAW
Infinity Outdoor, Inc. and Ellis Co Ltd by reason of the foregoing are in violation of Secs. 3-
1803(y). 3-1806(8)(1 )c, d. e. & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(s).
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Ellis Co Ltd are to correct the
aforesaid violation within 60 days after the court's final judgment in National Advertising Company
vs. City of Clearwater Case #99-3844-CI-11. The burden shall rest upon Infinity Outdoor, Inc. and
Ellis Co Ltd to request a reinspection by the Code Inspector to verify compliance with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Soard, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. may be Elrdered to pay a
fine in the amount of two hundred fifty and no/1 00 dollars ($ 250.00) per day for each day the
violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. does not comply within the time specified, a certified copy of the
Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real or personal property owned by Infinity Outdoor. Inc.
pursuant to Chapter 162 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Soard will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida.
Attest:
Municipal Code Enforcement Soard
City of Clearwater, Florida
M~~
Board Secretary
Please Return to:
City of Clearwater, City Clerk Dept.
P.O. Box 4748
Clearwater. FL 33758-4748
receipt requested. to the Respondents this 6th day of
~
Mary K ia a
Board ecretary
Sent by certified mail with return
October, 2000.
Found in Violation
NATIONAL ADVERTISING COMPANY, :
d/a/b INFINITY OUTDOOR,
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-7397 CI (88A)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 34-00 on October 6, 2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
fTL: 1614602:2
CASE NO. 00-7397 CI (88A)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq., Zimmet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTl:1614602:2
2
.
e
CITY OF CLEARWATER,
Petitioner,
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 34-00
)
)
)
)
)
)
)
)
)
)
)
)
2800 Gulf to Bay Boulevard.
Clearwater. FL
Sec. 17-29-16. M&B 13.07
v.
Limited Properties,Jnc c/o James F. Burns,R.A.
2352 Harn Blvd.
Clearwater. FL 33758
&
Infinity Outdoor Inc
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
Respondent(s) .
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
September 27. 2000, and based on the evidence issued its Findings of Fact, Conclusions of Law.
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Florida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor. Inc.
(there was no representative present for Limited Properties. Inc.). and viewing the evidence. City
Exhibits 1-17 (As to property owner: Ex. 1 - 1994 amortization letter; Ex. 2 - 2000 amortization
letter; Ex. 3 _ notice of violation with certified mail receipt; Ex. 4 - 6/16/00 affidavit of posting; Ex.
5 _ code sections cited; Ex. 6 - property appraiser printout; Ex. 7 - composite photos; Ex. 8 -
affidavit of violation/request for hearing; and Ex. 9 - notice of hearing (covers both property owner
and billboard owner). As to billboard owner: Ex. 10 - 1994 amortization letter; Ex. 11 - 2000
amortization letter; Ex. 12 - notice of violation with certified mail receipt; Ex; 13 - 6/16/00 affidavit
of posting; Ex. 14 - code sections cited; Ex. 15 - property appraiser printout; Ex. 16 - composite
photos; and Ex. 17 - affidavit of violation/request for hearing) -
and
Infinity Outdoor, Inc. Exhibits 1.17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations. Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Development Standards, Division 18 Signs; Ex. 7 - Clearwater
Land Developments. Article 4: Development Review and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations. Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations. Article 8: Definitions and Rules of Construction; Ex. 1 <?
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy. Esq.; Ex. 11 - 9/8/00 letter to Marilyn
Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit. in and for Pinellas County. Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department. 390 So.2d115(Fla. 4lh
DCA 1980); Ex. 14 - R. K. Overstreet. as Tax Collector of Dade County, et al. vs. Robert L. Blum,
etc.. et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith, as Chief of Police. City of Dania, 189 So.2d846(Fla. 4lh DCA 1966); Ex. 16 -
Clearwater Code Sec 44.58 Illegal Signs. Supplement No. 10; and Ex. 17 - 23 USCA ~ 131 (q) -
(t)). it is evident the property is in violation of Sections 3-1803(Y) and 3,1806(B)(1)c, d, e, & f.
Specifically, Secs. 3-1803(Y) 3, 18061B)(1 )c, d. e. & f and Sec. 44.55(3)(b) of the previous land
Found in Violation
EXHIBIT A
.
e
development code required sign compliance or removal by 1/19/96. The billboard/sign still exists as
a nonconforming sign. The transitional rules of the current land development regulations Secs. 1-
106.B and 106.G require that signs/billboards not lawfully existing at the time of this development
code be brought into compliance with this code. The billboard/sign fails to be lawful under the
current code~
CONCLUSIONS OF lAW
Infinity Outdoor, Inc. and Limited Properties, Inc. by reason of the foregoing are in violation of
Sees. 3-1803(Y), 3-1806(B)(1)c. d. e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(sl.
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Limited Properties, Inc. are to
correct the aforesaid violation within 60 days after the court's final judgment in National Advertising
Company vs. City of Clearwater Case #99-3844-CI-11. The burden shall rest upon Infinity Outdoor,
Inc. and Limited Properties, Inc. to request a reinspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. and Limited Properties,
Inc. may each be ordered to pay a fine in the amount of two hundred fifty and nol1 00 dollars
($250.001 per day for each day the violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. and Limited Properties, Inc. do not comply within the time specified, a
certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas
County, Florida, and once recorded shall constitute a lien against any real or personal property owned
by lrifinity Outdoor, Inc. and any real or personal property owned by Limited Properties, Inc. pursuant
to Chapter 162 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County. Florida.
~
Mary K ia a
Board Secretary
Attest:
Sent by certified mail with return
October, 2000,
receipt requested, to the Respondents this 6th day of
~
Mary K. Ian .
Board Secretary
Please Return to:
City of Clearwater, City Clerk Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
Found in Violation
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
d/aIb INFINITY OUTDOOR,
CASE NO. 00-7399 CI (88B)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 35-00 on October 6,2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL:1614604:2
CASE NO. 00-7399 CI (88B)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq., Zimmet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL:1614604:2
2
e
e
CITY OF CLEARWATER.
Petitioner,
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 35-00
)
)
)
)
)
)
)
)
)
)
)
)
2760 Gulf to Bay Boulevard,
Clearwater. FL
Sec. 17-29-16, M&B 24.01
v.
Bayrock Energy Inc
1031 S. Caldwell St.. Ste 1 01
Charlotte. NC 28203
&
Infinity Outdoor Inc
Corporations Service Company, R.A.
1 201 Hays Street
Tallahassee, FL 32301
Respondeflt.
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff KronschnabJ for City; Attorney Glenn Smith, Florida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor, Inc.;
and Adam Dionna for property owner, and viewing the evidence, City Exhibits 1-17 (As to property
owner: Ex. 1 _ 1994 amortization letter; Ex. 2 - 2000 amortization letter; Ex. 3 - notice of violation
with certified mail receipt; Ex. 4 - 6/16/00 affidavit of posting; Ex. 5 - code sections cited; Ex. 6 -
property appraiser printout; Ex. 7 - composite photos; Ex. 8 - affidavit of violation/request for
hearing; and Ex. 9 _ notice of hearing (covers both property owner and billboard owner). As to
billboard owner: Ex. 10 _ 1994 amortization letter; Ex. 11 - 2000 amortization letter; Ex. 1 2 -
notice of violation with certified mail receipt; Ex. 13 - 6/16/00 affidavit of posting; Ex. 14 - code
sections cited; Ex. 15 _ property appraiser printout; Ex. 16 - composite photos; and Ex. 17 -
affidavit of violation/request for hearing)
and
Infinity Outdoor, Inc. Exhibits 1-17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Development Standards, Division 18 Signs; Ex. 7 - Clearwater
Land Developments, Article 4: Development Review and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations, Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations. Article 8: Definitions and Rules of Construction; Ex. 10
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to Marilyn
Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit, in and for Pinellas County, Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department, 390 So.2d115(Fla. 41h
DCA 1980); Ex. 14 _ R. K. Overstreet, as Tax Collector of Dade County, et al. vs. Robert L. Blum,
etc.. et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith. as Chief of Police, City of Dania. 189 So.2d846(Fla. 4th DCA 1966); Ex. 16 -
Clearwater Code Sec 44.58 Illegal Signs. Supplement No.1 0; and Ex. 17 - 23 USCA ~ 131 (q) -
(t))~ it is evident the property is in violation of Sees. 3-1803(Y) 3.1 806(B)( 1 )c, d, e, & f. Specifically,
Sees. 3-1803(Y) 3,1806(6)(1 )c, d. e, & f and Sec. 44.55(3)(b) of the previous land development
Found in Violalion
EXlDBIT A
e
e
code required sign compliance or removal by 1/19/96. The billboard/sign still exists as a
nonconforming sign. The transitional rules of the current land development regulations Sees. 1-
106.B and 106.G require that signs/billboards not lawfully existing at the time of this development
code be brought into compliance with this code. The billboard/sign fails to be lawful under the
current code.
CONCLUSIONS OF LAW
Infinity Outdoor, Inc. and Bayrock Energy, Inc. by reason of the foregoing are in violation of
Sees.3-1803(Y), 3-1806(B)(1)c, d, e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(s).
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Bayrock Energy, Inc. are to correct
the aforesaid violation within 60 days after the court's final judgment in National Advertising
Company vs. City of Clearwater Case #99-3844-CI-11. The burden shall rest upon Infinity Outdoor,
Inc. and Bayroek Energy, Inc. to request a reinspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by tliis Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. may be ordered to pay a
fine in the amount of two hundred fifty and no/100 dollars ($250.00) per day for each day the
violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. does not comply within the time specified, a certified eopy of the
Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real or personal property owned by Infinity Outdoor, Inc.
pursuant to Chapter 162 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida.
Attest:
Municipal Code Enforcement Board '
City of CI~.7".t.r; FI~ri~ .
)~- ~
Helen Kerwin .
Chair
M~~
Board Secretary
Please Return to:
City of Clearwater. City Clerk Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
receipt requested. to the Respondents this 6th day of
M~~
Board Secretary
Sent by certified mail with return
October. 2000.
Found in Violation
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
NATIONAL ADVERTISING COMPANY, :
d/a/b INFINITY OUTDOOR,
CASE NO. 00-7400 CI (88A)
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 36-00 on October 6, 2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
I'TL:1614606:2
CASE NO. 00-7400 CI(88A)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
,2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, FL 33302
Andrew J. Salzman, Esq., Zimmet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL: 1614606:2
2
e
e
CITY OF CLEARWATER,
Petitioner,
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 36-00
)
)
)
)
)
)
)
)
)
)
)
)
2779 Gulf to Bay Boulevard,
Clearwater, Fl
Baskin's Replat Resub., part of Lot 2
v.
Herbert E. Wollowick
104 Driftwood Lane
Largo, FL 33770
&
Infinity Outdoor Inc
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee,FL 32301
, .~espondelJt{s).
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Florida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor, Inc.;
and Herbert E. Wollowick for property owner, and viewing the evidence, City Exhibits 1-1 7 (As to
property owner: Ex. 1 _ 1 994 amortization letter; Ex. 2 - 2000 amortization letter; Ex. 3 - notice of
violation with certified mail receipt; Ex. 4 - 6/16/00 affidavit of posting; Ex. 5 - code sections cited;
Ex. 6 _ property appraiser printout; Ex. 7 - composite photos; Ex. 8 - affidavit of violation/request
for hearing; and Ex. 9 _ notice of hearing (covers both property owner and billboard owner). As to
billboard owner: Ex. 10 _ 1994 amortization letter; Ex. 11 - 2000 amortization letter; Ex. 12 -
notice of violation with certified mail receipt; Ex. 13 - 6/16/00 affidavit of posting; Ex. 14 - code
sections cited; Ex. 15 _ property appraiser printout; Ex. 16 - composite photos; and Ex. 17 -
affidavit of violation/request for hearing)
and
Infinjty Outdoor, Inc. Exhibits 1-17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Oevelopment Standards, Division 18 Signs; Ex. 7 - Clearwater
Land Developments, Article 4: Development Review and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations, Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations, Article 8: Definitions and Rules of Construction; Ex. 19
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to Marilyn
Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater, in the Sixth Judicial
Circuit, in and for Pinellas County, Florida; Case #99-3844-CI-11; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department, 390 So.2d115[Fla. 4lh
DCA 19801; Ex. 14 _ R. K. Overstreet, as Tax Collector of Dade County, et al. vs. Robert L. Blum,
etc.. et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith, as Chief of Police, City of Dania, 189 So.2d846(Fla. 4"\ DCA 1966); Ex. 16 -
Clearwater Code Sec 44.58 Illegal Signs, Supplement No. 10; and Ex. 17 - 23 USCA ~ 131 (q) -
(tll. it is evident the property is in violation of Sections 3-1803(Y) 3,1806(8)(1 )c, d, e, & 1.
Specifically, Secs. 3-1803(Yl. 3-1806(Blc, d, e, & f, and Sec. 44.55(3Hbl of the previous land
Found in Violation
EXHIBIT A
.
.
development code required sign compliance or removal by 1/1 ~/96. The billboard/sign still exists as
a nonconforming sign. The transitional rules of the current land development regulations Secs. ,-
106.B and 106.G require that signs/billboards not lawfully existing at the time of this development
code be brought into compliance with this code. The billboard/sign fails to be lawful under the
current code.
CONCLUSIONS OF LAW
Infinity Outdoor, Inc. and Herbert E. Wollowick by reason of the foregoing are in violation of Secs. 3-
1803(Y), 3-1806(8)(1 )c, d, e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(sl.
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Herbert E. Wollick are to correct the
aforesaid violation within 60 days after the court's final judgment in National Advertising Company
vs. City of Clearwater Case #99-3844-CI-ll. The burden shall rest upon Infinity Outdoor, Inc. and
Herbert E. Wollick to request a reinspaction by the Code Inspector to verify compliance with this
Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. may be ordered to pay a
fine in the amount of two hundred fifty and no/100 dollars ($250.001 per day' for each day the
violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. does not comply within the time specified, a certified copy of the
Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real or personal property owned by Infinity Outdoor, Inc.
pursuant to Chapter 162 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, PineJlas County, Florida.
~
Mary K. ia a
Board Secretary
Municipal Code Enforcement Board .
C;ty of Cle.arwater, F~ '
~ iAA/\~
Helen Kerwin
Chair
Attest:
Sent by certified mail with return
October, 2000.
receipt requested. to the Respondents this 6th day of
M?!:t:.r ~
Board ecretary
Please Return to:
City of Clearwater, City Clerk Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
found in Violation
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-7401 CI (88B)
NATIONAL ADVERTISING COMPANY, :
d/aIb INFINITY OUTDOOR,
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 37-00 on October 6,2000, be and the same is hereby vacated and of no
further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL: 1614607: 2
CASE NO. 00-7401 CI (88B)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
,2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, Florida 33302
Andrew J. Salzman, Esq., Zimmet, Unice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL:1614607:2
2
e
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CITY OF CLEARWATER,
Petitioner,
MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 37-00
)
)
)
)
I
)
I
)
)
)
)
I
2516 Gulf to Bay Boulevard,
Clearwater, FL
Studebaker's Sub., Lot 2
v.
Car Spa Clearwater
515 Las Olas Blvd., Ste 1100
Ft. Lauderdale, FL 33301
& '
Infinity Outdoor Inc
Corporations Service Company, R.A.
1201 Hays Street
Tallahassee, FL 32301
, ~ Respondent.
.'
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
September 27, 2000, and based on the evidence issued its Findings of Fact, ConclUSions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Mary Jo Fox and Development Services Director
Jeff Kronschnabl for City; Attorney Glenn Smith, Florida Department of Transportation Right-of-Way
Administrator Susan Rosetti and Advertising General Manager Patti Blass for Infinity Outdoor. Inc.;
and Attorney Tracy Robin for property owner, and viewing the evidence, City Exhibits 1-17 (As to
property owner: Ex. 1 _ 1 994 amortization letter; Ex. 2 - 2000 amortization letter;, Ex. 3 - notice of
violation with certified mail receipt; Ex. 4 - 6/16/00 affidavit of posting; Ex. 5 - code sections cited;
Ex. 6 _ property appraiser printout; Ex. 7 - composite photos; Ex. 8 - affidavit of violation/request
for hearing; and Ex. 9 _ notice of hearing (covers both property owner and billboard owner). As to
billboard owner: Ex. 10 _ 1 994 amortization letter; Ex. 11 - 2000 amortization, letter; Ex. 1 2 -
notice of violation with certified mail receipt; Ex. 13 - 6/16/00 affidavit of posting; Ex. ,14 - code
sections cited; Ex. 15 _ property appraiser printout; Ex. 16 - composite photos; and Ex. 17 -
affidavit of violation/request for hearing)
and
Infinity Outdoor, Inc. Exhibits 1-17 (Ex. 1 - notice of violation, lease, permit; Ex. 2 - map re outdoor
advertising regulatory jurisdictions; Ex. 3 - Clearwater Code; Ex. 4 - Ordinance 6348-99; Ex. 5 -
Clearwater Land Development Regulations, Article 1: General Provisions; Ex. 6 - Clearwater Land
Development Regulations, Article 3: Dev~lopment Standards, Division 18 Signs; Ex. 7 - Clearwater
Land Developments, Article 4: ,Deyelopment Reyiew and Other Procedures, Section 4.609 Vested
Rights; Ex. 8 _ Clearwater Land Development Regulations, Article 6: Nonconformity Provisions; Ex. 9
_ Clearwater Land Development Regulations, Article 8: Definitions and Rules of Construction; Ex. 1 Q
_ 7/21/00 letter to John Asmar from Marilyn Mullen Healy, Esq.; Ex. 11 - 9/8/00 letter to Marilyn
Mullen Healy, Esq. from Ralph Stone; Ex. 12 - Complaint for Declaratory and Injunctive Relief and
Damages in case styled: National Advertising Company vs. City of Clearwater. in the Sixth Judicial
Circuit, in and for Pinellas County, Florida; Case #99-3844-CI-l1; Ex. 13 - Palm Beach County
National Utility Company, Inc. vs. Palm Beach County Health Department, 390 So.2d115(Fla. 4th
DCA 1980); Ex. 14 _ R. K. Overstreet, as Tax Collector of Dade County, et al. vs. Robert L. Blum.
etc.,. et ai, 227So.2d197(Fla. S.Ct. 1969); Ex. 15 - State of Florida ex reI. Joseph J. Springer vs.
Montie Smith. as Chief of Police, City of Dania. 189 So.2d846(Fla. 4th DCA 1966); Ex. 16 -
Clearwater Code Sec 44.58 /IIegal Signs, Supplement No. 10; and Ex. 17 - 23 USCA ~ 131 (q) -
(t)), and Car Spa Clearwater Exhibit 1 - application for site plan approval with attachments, it is
evident the property is in violation of Secs. 3-18031Yl 3,1806/B)(1 )c, d. e, & f. Specifically, Secs.
Found in Violation
EXHIBIT A
e
.
3-1803(Y) 3,1806(B)(1 )c, d, e, & f and Sec. 44.55(3)(b) of the previous land development code
reQuired sign compliance or removal by 1/19/96. The billboard/sign still exists as a nonconforming
sign. The transitional rules of the current land development regulations Sees. 1-106.B and 106.G
reQuire that signs/billboards not lawfully existing at the time of this development code be brought
into compliance with this code. The billboard/sign fails to be lawful under the current code.
CONCLUSIONS OF LAW
Infinity Outdoor, Inc. and Car Spa Clearwater by reason of the foregoing are in violation of
Secs. 3-1803(Y), 3-1806(B)(1)c. d, e, & f of the Code of the City of Clearwater, Florida, in that the
Respondents have failed to remedy the cited violation(s).
ORDER
It is the Order of the Board that Infinity Outdoor, Inc. and Car Spa Clearwater are to correct
the aforesaid violation within 60 days after the court's final judgment in National Advertising
Compcmy vs. City of Cle:uwater Case #99-3844-CI-11. The burden shall rest upon Infinity Outdoor,
Inc. and Car Spa Clearwater to reQuest a reinspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation is found, in subseQuent proceedings by this Board, not to
have been corrected by the specified compliance date, Infinity Outdoor, Inc. may be ordered to pay a
fine in the amount of two hundred fifty and nol100 dollars ($250.00) per day for each day the
violation continues beyond the specified compliance date.
If Infinity Outdoor, Inc. does not comply within the time specified, a certified copy of the
Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once
recorded shall constitute a lien against any real or personal property owned by Infinity Outdoor, Inc.
pursuant to Chapter 162 of the Florida Statutes.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting
from a public hearing. A petition for rehearing must be made in writing and filed with the Board
Secretary no later than thirty days after the execution of the Order and prior to the filing of any
appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear
the case. The Board will not hear oral argument or evidence in determining whether to grant the
petition to reconsider or rehear.
DONE AND ORDERED this 6th of October, 2000 at Clearwater, Pinellas County, Florida.
M~CY~
Board Secretary
Helen
Chair
Attest:
Sent by certified mail with return receipt
October, 2000.
'e~
Mary K. la ._.., ,.,
Board Secretary
this 6th day of
Please Return to:
City of Clearwater, City Clerk Dept.
P.O. Box 4748
Clearwater, FL 33758-4748
....... . .
Found in Violation
~~:
OCT 11 2000 '. : .
U ~bU ur~-@
G. N S.
IN THE CIRCUIT COURT OF THE 6th
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO. 00-8884 CI (88B)
NATIONAL ADVERTISING COMPANY, :
d/aIb INFINITY OUTDOOR,
Plaintiff,
vs.
CITY OF CLEARWATER, a Florida
Municipal Corporation,
Defendant.
AGREED FINAL ORDER VACATING CODE
ENFORCEMENT BOARD ORDERS AND
DISMISSING CASE. WITH PREJUDICE
THIS CAUSE having come on to be heard upon the parties' Stipulation for Dismissal,
with Prejudice, and the Court being fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED:
1. That the Stipulation for Dismissal, with Prejudice, be and the same is hereby
accepted and approved by this Court and made a part of this Order by reference.
2. That the Order entered by the Municipal Code Enforcement Board of the City of
Clearwater in Case No. 38-00 on November 3, 2000, be and the same is hereby vacated and of
no further force and effect. A copy of said Code Enforcement Board Order is attached hereto as
Exhibit A.
FTL: 1614609:2
CASE NO. 00-8884 CI (88B)
3. That this case be and the same is hereby dismissed, with prejudice, with each
party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers at Pinellas County, Clearwater, Florida, this _
day of
, 2006.
CIRCUIT COURT JUDGE
Copies Furnished:
Glenn N. Smith, Esq., Ruden, McClosky, Smith, Schuster & Russell, P.A., Post Office Box
1900, Fort Lauderdale, Florida 33302
Andrew J. Salzman, Esq., Zimmet, Dnice, Salzman, Heyman & Jardine, P.A., Post Office Box
15309, Clearwater, Florida 33766
FTL: 1 614609: 2
2
~
,
.
.
.
, MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 38-00
CITY OF CLEARWATER,
Petitioner,
)
)
)
)
)
)
)
)
)
)
)
,)
)
)
2894 Gulf to Bay Boulevard,
Clearwater, FL
Sec. 17-29-16, M&B 13.34
v.
Glen Ellen Mobile Home Park
clo Diversified Investments .
Attn: Philip S. Moreau
4340 East West Hwy, Ste 206
Bethesda, MD 20814
AND
Lamar Whiteco Outdoor Corp
CT Corporation System, R.A.
1200 S. Pine Island Rd.
Plantation, FL 33324
Respondent.
The Municipal Code Enforcement Board has heard testimony at its regular meeting held on
October 26, 2000, and based on the 'evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Mary Jo Fox, Code Inspector, and Jeff Kronschnabl,
Development Services Director, for City; Attorney' Aileen M. Reilly, Susan Rosetti, Florida
Department of Transportation Right-of-Way Administrator, Connie Warehime, Assistant to
Leasing Manager, Lamar Whiteco Outdoor Corporation for billboard owner; Herbert C. McAtee,
Asset Manager, Diversified Investments, for property owner, and viewing the evidence, City
Exhibits 1-19 (As to property owner: Ex. 1 - 1994 amortization letter; Ex. 2 - 2000 amortization
letter; Ex. 3 _ notice of violation with certified mail receipt; Ex. 4 - 4/28/00 affidavit of posting;
Ex. 6 _ code sections cited; Ex. 6 - property appraiser printout; Ex. 7 - composite photos: Ex. 8
_ affidavit of violation/request for hearing; and Ex. 9 - notice of hearing (covers both property
owner and billboard owner). As to billboard owner: Ex. 10 - 1994 amortization letter; Ex. 11 -
2000 amortization letter; Ex. 12 - notice of violation w~th certified mail r.eceipt; Ex. 13 -
5/1 0/00 affidavit of posting; Ex. 14 - code sections cited; Ex. 16, - property appraiser printout;
Ex. 16 _ composite photos; Ex. 17 - affidavit of violation/request for hearing); Ex. 18 and Ex. 19
- sign measurements)
and
Lamar Whiteco Outdoor Corporation Exhibits 1-4 (Ex. 1 - Definition of non-conforming sign; Ex. '
2 _ F.S. 479 re advertising on highways; Ex. 3 - 2000 letter re outdoor advertising State Road,
60 (Gulf-to-Bay Boulevard) and Ex. 4 - 1996 Thomas J. Ptak letter) , it is evident the property is
in violation of Sees. 3-1803(Y) 3, 1806(B)(1 )c, d, e, & f. Specifically, Sees. 3-1803,(Y)
3,1806(BH1Ic, d, e, & f and Sec. 44.66(3)(b) of the previous land development code required
sign compliance or removal by 1/19/96. The billboard/sign still exists as a nonconforming sign.
The transitional rules of the current land development regulations Sees. 1-106.B and 106.G
require that signs/billboards not lawfully existing at the time of this development code be brought
into compliance with this code. The billboard/sign fails to be lawful unde~ the current code.
Found in Violation
EXHIBIT A
.
. .
,
.
CONCLUSIONS OF LAW
Lamar Whiteco Outdoor Corporation and Glen Ellen Mobile Home Park c/o Diversified
Investments, by reason of the foregoing are in violation of Sees. 3-1803(Y), 3-1806(B)(1 )c, d, e,
& f of the Code of the City of Clearwater, Florida, in that the Respondents have failed to remedy
the cited violation(s).
ORDER
It is the Order of the Board that Lamar Whiteco Outdoor Corporation and Glen Ellen
Mobile Home Park c/o Diversified Investments are to correct the ,aforesaid vioiation within 60
days after the court's final judgment in Lamar Whiteco Outdoor Corporation vs. City of
Clearwater Case #Oo-1939-CI-20. The burden shall rest upon' Lamar Whiteco Outdoor
Corporation and Glen Ellen Mobile Home Park c/o Diversified Investments to request a
r~inspection by the Code Inspector to verify compliance wittl this Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Board, not
to have been corrected by the specified compliance date, Lamar Whiteco, ,Outdoor Corporation
may be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars ($260.00)
per day for each day the violation continues beyond the specified compliance date.
If Lamar Whiteco Outdoor Corporation does not comply within the time specified, a
certified copy. of the Order imposing the fine may be recorded in the Public Records of Pinellas '
County, Florida, and once recorded shall constitute a lien against any real or personal property
owned by Infinity Outdoor, Inc. pursuant to Chapter 162 of the Florida Statutes.
Any aggrieved' party may petition t~e Board to reconsider or rehear any Board Order
resulting from a public hearing. A petition for rehea'j-jng must be made in writing and filed with
the Board' Secretary no later than thirty days after the execution of the Order and prior to the
filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to
reconsider or rehear the case. The Board will not hear oral argument or evidence in determining
whether to grant the petition to reconsider or rehear.
DONE AND ORDERED this 3rd of November, 2000 at Clearwater, Pinellas County, Fiorida.
~. ~
J~Mary K. Dla~-
,- Board Secretary
Municipal Code Enforcement Board
City of Clearwater, Florida
~~.~J()e:/~
Lawrence Tieman
Vice Chair
Attest:
Sent by certified mail with return receipt requested,' to the Respondents this 3rd day of
November, 2000. ~ ~ .
Please Return to: ~ary K. Diana .
City of Clearwatar, City Clerk Dept. B~ard Secretary
P.O. Box 4748
Clearwater, FL 33758-4748
Found in Violation
~~
City Council
Agenda Cover Memorandum
Tracking Number: 1,837
Actual Date: 01/19/2006
Subject I Recommendation:
Approve amendments to the Community Development Code to implement revisions to the Old
Florida District on Clearwater Beach and pass Ordinance 7576-06 on first reading.
(TA2005-11004 )
Summary:
. The Planning Department began a study of the Old Florida District in 2005 as directed by the
City Council in order to address the discrepancy between the area's zoning and land use patterns
and that which was recommended for development in BBD.
. Subsequent to the ideas generated by four public meetings in the Old Florida District and
Council members' comments at the City Council Work Session on August 29, 2005,
recommendations were developed that included changes to the Code, as set forth in these
amendments, as well as a zoning and future land use map change and changes to BBD.
. The Code amendments are as follows:
-Amendment to the Zoning District Regulations, Tables 2-802 and 2-803 to amend use,
maximum height and minimum setback requirements to clarify that standards pertaining to the
Old Florida District are set forth in BBD; and
-Amendment to Section 3-1202.D to clarify that landscaping requirements for the Old Florida
District are set forth in BBD.
. The Planning Department determined that the Code text amendments are 1) consistent with
and further the goals, policies and objectives of the Comprehensive Plan; and 2) further the
purposes of the Code and other City ordinances and actions designed to implement the Plan.
Please refer to the attached text amendment report (TA2005-11004) for the complete staff
analysis.
The Community Development Board reviewed the proposed amendment at its regularly
scheduled meeting on December 20, 2005 and recommended approval.
Oriainating: Planning
Section Administrative public hearings
Category: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 12/04/2005
01/01/2006
01/15/2006
Financial Information:
Review Approval
Michael Delk
12-23-2005
17:22:20
?LD-~
C5Ld
ti
Cvndie Goudeau
Michael Delk
Garrv Brumback
Leslie Dougall-Sides
Bill Horne
City Council
A~enda C~_ver Memorandum
01-13-2006 10:04: 11
12-23-2005 17:29:41
01-12-2006 14: 14: 10
12-27-2005 09:22:26
01-13-2006 09:57:45
CDB Meeting Date: December 20. 2005
Case Number: T A2005-11 004
Agenda Item: D-7
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REOUEST:
Amendments to the Community Development Code that clarify
that standards related to the Old Florida District are set forth in
Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines (BBD).
INITIATED BY:
City of Clearwater Planning Department
BACKGROUND INFORMATION:
As directed by the City Council, the Planning Department began a study of the Old
Florida District in 2005. The purpose was to address the discrepancy between the area's
zoning and land use patterns, and that which was recommended for development in BBD.
As a result of the ideas generated by four public meetings held in the Old Florida District,
several options were developed. Subsequent to Council input at the City Council Work
Session on August 29, 2005, recommendations were developed that included a zoning
and future land use map change, changes to BBD, and changes to the Community
Development Code.
ANALYSIS:
Proposed Ordinance No. 7576-06 includes the following amendments:
1. Amendment to the Zoning District Regulations, Tables 2-802 and 2-803 to amend
use, maximum height and minimum setback requirements to clarify that standards
pertaining to the Old Florida District are set forth in BBD.
2. Amendment to Section 3-1202.D to clarify that landscaping requirements for the
Old Florida District are set forth in BBD.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following:
1. The proposed amendments are consistent with and further the goals,
Staff Report - Community Development Board - December 20, 2005 - T A2005-11004 1
policies and objectives of the Comprehensive Plan. The following objective and
policies are furthered by the proposed amendments to the Code.
ePolicy 2.1.2 - Renewal of the beach tourist district shall be encouraged through
the establishment of distinct districts within Clearwater Beach, the establishment
of a limited density pool of additional hotel rooms to be used in specified
geographic areas of Clearwater Beach, enhancement of public rights-of-way, the
vacation of public rights-of-way when appropriate, transportation improvements,
inter-beach and intra-beach transit, transfer of development rights and the use of
design guidelines, pursuant to Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines.
eObjective 2.2 - The City of Clearwater shall continue to support innovative
planned development and mixed land use development techniques in order to
promote infill development that is consistent and compatible with the surrounding
environment.
ePolicy 2.2.1 - On a continuing basis, the Community Development Code and the
site plan approval process shall be utilized in promoting infill development and/or
planned developments that are compatible.
2. The proposed amendments further the purposes of the Community Development
Code and other City ordinances and actions designed to implement the Plan.
eThe amendments implement changes proposed to Beach by Design, the special
area plan for Clearwater Beach.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
The amendments are as follows:
-Amendment to the Zoning District Regulations, Tables 2-802 and 2-803 to amend
use, maximum height and minimum setback requirements to clarify that standards
pertaining to the Old Florida District are set forth in BBD; and
-Amendment to Section 3-1202.D to clarify that landscaping requirements for the Old
Florida District are set forth in BBD.
The Planning Department Staff recommends APPROVAL of Ordinance No. 7576-06
which makes revisions to the Community Development Code.
Prepared by Planning Department: Sharen J arzen. AICP
StafIReport - Community Development Board - December 20,2005 - TA2005-11004 2
ATTACHMENTS:
Map of Old Florida District
Proposed Ordinance No. 7576-06
S:\Planning DepartmentlCDBIBEACH ISSUESlOW FLORIDA STUDY\Staff Report, TA2005-IIO04.doc
Staff Report - Community Development Board - December 20,2005 - TA2005-11004 3
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ORDINANCE NO. 7576-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, TABLES
2-802 AND 2-803, TO AMEND USE, MAXIMUM HEIGHT AND
MINIMUM SETBACK REQUIREMENTS; AND BY AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1202.D,
TO AMEND PERIMETER BUFFERS FOR THE OLD FLORIDA
DISTRICT IN BEACH BY DESIGN, WHICH ARE GOVERNED BY
THE PROVISIONS IN BEACH BY DESIGN: A PRELIMINARY
DESIGN FOR CLEARWATER BEACH AND DESIGN
GUIDELINES, WHICH; 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, Tourist District ("T"), Section 2-802,
Flexible standard development, is amended as follows:
Section 2-802. Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Ordinance No. 7576-06
Table 2-802. ''T" District Flexible Standard Develooment Standards
Use ill Min. Lot Min. Lot Max. Height Min. Setbacks (ft.) ill Density Min. Off-
Area (sq. ft.) Width (ft.) (ft.) ill Street
Parkino
Front Side Rear
Accessory nla nla nla nla nla nla 30 unitslacre 1/unit
Dwellinas
Alcoholic 5,000 50 35 10-15 10 20 nla 5 per 1,000
Beverage GFA
Sales
Attached 10,000 100 35-50 10-15 10 10-20 30 unitslacre 1.5 per unit
Dwellinas
Government 10,000 100 35-50 10-15 0-10 10-20 nla 3--4/1,000
al Usesf1-} GFA
(2)
Indoor 5,000 50 35-100 0-15 0-10 20 nla 10 per 1,000
Recreationl GFA
Entertainme
nt
Medical 10,000 100 30--50 10--15 10 20 20 2--3/1,000
Clinic GFA
Nightclubs 5,000 50 35 15 10 20 nla 10 per 1,000
GFA
Non- nla nla nla 25 5 10 nla nla
Residential
Off-Street
Parking
Offices 10,000 100 35--50 10-15 0--10 10--20 nla 3--4 spaces
per 1,000
GFA
Outdoor 5,000 50 35 10-15 10 20 nla 2.5 spaces
Recreationl per 1,000
Entertainme sq. ft. of lot
nt area or as
determined
by the
community
development
director
based on
ITE Manual
standards
Overnight 20,000 100--150 35-50 10-15 0-10 10--20 40 1 per unit
Accommoda roomslacre
tions
Parking 20,000 100 50 15-25 10 10--20 nla nla
Garages
and Lots
Parks and nla n/a 50 25 10 20 nla 1 per 20,000
Recreation SF land area
F acUities oras
determined
by the
community
development
coordinator
based on
ITE Manual
standards
Ordinance No. 7576-06
Public nla nla 10 nla nla nla nla nla
Transporta-
tion
Facilities~
{3}
Sidewalk nla nla nla nla nla nla nla nla
Vendors
Restaurants 5,000-- 50--100 25--35 10-15 0-10 10-20 nla 7-15 spaces
10,000 per 1,000
GFA
Retail Sales 5,000-- 50--100 35--50 10-15 0-10 10--20 nla 4--5 spaces
and 10,000 per 1,000
Services GFA
Social and 5,000-- 50--100 35--50 10--15 0-10 10--20 nla 4--5 spaces
Community 10,000 per 1,000
Center GFA
Utility/lnfrast Nla nla nla 25 10 10 nla Nla
ructure
Facilities~
L4l
(1) Specific standards for the Old Florida District that supercede the above
reoulations are set forth in Beach bv Desion: A Preliminary Desian for
Clearwater Beach and Desion Guidelines.
fB m Governmental 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.
~ @1 Public transportation facilities shall not exceed three acres. Any such use,
alone or when added to contiguous like uses which exceed three acres
shall require a land use plan map amendment to Transportation/Utility
which shall include such uses and all contiguous like uses.
{6) ffi Utility/infrastructure uses shall not exceed three acres. Any such use,
alone or when .added to contiguous like uses which exceed three acres
shall require a land use plan map amendment to Transportation/Utility
which shall include such uses and all contiguous like uses.
***********
Section 2. Article 2, Zoning Districts, Tourist District ("T"), Section 2-803,
Flexible development potential, is amended as follows:
Section 2-803. Flexible development.
The following uses are Level Two permitted uses permitted in the Tourist "T" District
subject to the standards and criteria set out in this section and other applicable
provisions of Article 3.
Ordinance No. 7576-06
Table 2-803. 'T' Flexible Develoement Standards
Use .ill Min. Lot Min. Lot Max. Height.ill Min. Min. Side Min. Rear Density Min. Off-
Area (sq. ft.) Width (ft.) (ft.) Front (ft.) (ft.) (ft.) Street
Parkino
Alcoholic 5,000 50 35-100 0-15 0--10 10-20 nla 5 per 1,000
Beverage GFA
Sales
Attached 5,000-- 50--100 35--100 0-15 0-10 10-20 30 unitslacre 1.5 per unit
Dwellinos 10,000
Comprehens nla nla nla nla nla nla 30 Determined
ive Infill units/acre; by the
Redevelopm 40 community
ent Project roomslacre development
fB coordinator
{21 based on
the specific
use andlor
ITE Manual
standards
Limited 5,000 50 35--100 0-15 0--10 10--20 nla 4--5 spaces
Vehicle per 1,000
Sales and GFA
Display
Marina 5,000 50 25 10-15 0-10 10--20 nla 1 space per
Facilities 2 slies
Nightclubs 5,000 50 35--100 0-15 0-10 10--20 nla 10 per 1,000
GFA
Offices 10,000 100 35--100 0-15 0-10 10-20 nla 3-4 spaces
per 1 ,000
GFA
Outdoor 5,000 50 35 5-15 0--10 1 0--20 nla 2.5 spaces
Recreationl per 1,000
Entertainme sa FT of lot
nt area or as
determined
by the
community
development
coordinator
based on
ITE Manual
standards
Overnight 10,000-- 100--150 35-100 0-15 0-10 0--20 40 1 per unit
Accommoda 20,000 roomslacre
tions
Restaurants 5,000-- 50-100 25--100 0-15 0-10 10--20 nla 7--15
10,000 spaces per
1,000 GFA
Retail sales 5,000-- 50-100 35-100 0-15 0-10 10-20 nla 4--5 spaces
and services 10,000 per 1 ,000
GFA
ill Soecific standards for the Old Florida District that suoercede the above
reaulations are set forth in Beach bv Desian: A Preliminarv Desian for
Clearwater Beach and Desian Guidelines.
(-i) 121 Any use approved for a Comprehensive Infill Redevelopment Project shall
be permitted by the underlying Future Land Use Plan Map designation.
Ordinance No. 7576-06
***********
Section 3. Article 3, Development Standards, LandscapinglTree Protection,
Section 3-1202.D, Perimeter buffers, is amended as follows:
Section 3-1202.0. Perimeter buffers.
Except in the downtown or tourist districts. excludina the Old Florida District where
landscapina requirements are defined in Beach Bv Desian: A Preliminary Desiqn for
Clearwater Beach and Desiqn Guidelines. or in designated scenic corridors with
approved special plans, landscaping shall be installed in a perimeter buffer in
accordance with the standards in this division and the following table:
***********
Section 4. 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 5. 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.
Section 6. 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 7. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 8. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Ordinance No. 7576-06
Approved as to form:
Attest:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7576-06
(C.sL~8'~ (New \
ORDINANCE NO. 7576-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, TABLES
2-802 AND 2-803, TO AMEND USE, MAXIMUM HEIGHT AND
MINIMUM SETBACK REQUIREMENTS; AND BY AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1202.0,
TO AMEND PERIMETER BUFFERS FOR THE OLD FLORIDA
DISTRICT IN BEACH BY DESIGN, WHICH ARE GOVERNED BY
THE PROVISIONS IN BEACH BY DESIGN: A PRELIMINARY
DESIGN FOR CLEARWATER BEACH AND DESIGN
GUIDELINES, WHICH; 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, Tourist District ("T"), Section 2-802,
Flexible standard development, is amended as follows:
Section 2-802. Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2-802. "T" District Flexible Standard Development Standards
Use ill Min. Lot Min. Lot Max. Height Min. Setbacks (ft.) ill Density Min. Off-
Area (sq. ft.) Width (ft.) (ft.) ill Street
Parkina
Front Side Rear
Accessory nla nla nla n1a nla nla 30 unitslacre 1/unit
Dwellinas
Alcoholic 5,000 50 35 10-15 10 20 nla 5 per 1,000
Beverage GFA
Sales
Attached 10,000 100 35--50 10-15 10 10--20 30 unitslacre 1.5 per unit
Dwellings
Government 10,000 100 35-50 10-15 0--10 10--20 nla 3--4/1,000
al UsesfB GFA
(2)
Indoor 5,000 50 35--100 0-15 0--10 20 nla 10 per 1,000
Recreationl GFA
Entertainme
nt
Medical 10,000 100 30--50 10-15 10 20 20 2--3/1,000
Clinic GFA
Nightclubs 5,000 50 35 15 10 20 nla 10 per 1,000
GFA
Non- nla nla nla 25 5 10 nla nla
Residential
Off-Street
Parking
OffICes 10,000 100 35-50 10-15 0--10 10--20 nla 3--4 spaces
per 1,000
GFA
Outdoor 5,000 50 35 10-15 10 20 nla 2.5 spaces
Recreationl per 1,000
Entertainme sq. ft. of lot
nt area or as
determined
by the
community
development
director
based on
ITE Manual
standards
Overnight 20,000 100--150 35--50 10-15 0--10 10--20 40 1 per unit
Accommoda roomslacre
tions
Parking 20,000 100 50 15-25 10 10--20 nla nla
Garages
and Lots
Parks and nla nla 50 25 10 20 nla 1 per 20,000
Recreation SF land area
Facilities or as
determined
by the
community
development
coordinator
based on
ITE Manual
standards
3
Ordinance No. 7576-06
Public nfa nfa 10 nfa nfa nfa nfa nfa
Transporta-
tion
Facilities~
(3\
Sidewalk nfa nfa nfa nfa nfa nfa nfa nfa
Vendors
Restaurants 5,000-- 50-100 25--35 10-15 0--10 10--20 n1a 7-15 spaces
10,000 per 1,000
GFA
Retail Sales 5,000-- 50--100 35--50 10-15 0-10 10--20 nfa 4--5 spaces
and 10,000 per 1,000
Services GFA
Social and 5,000-- 50--100 35--50 10-15 0-10 1 0--20 nfa 4--5 spaces
Community 10,000 per 1,000
Center . GFA
Utilityflnfrast Nfa nfa nfa 25 10 10 nfa Nfa
ructure
Facilities~
(4\
(1) Specific standards for the Old Florida District that supercede the above
reoulations are set forth in Beach bv Desion: A Preliminary Desion for
Clearwater Beach and Desion Guidelines.
fB ill Governmental 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.
~ @} Public transportation facilities shall not exceed three acres. Any such use,
alone or when added to contiguous like uses which exceed three acres
shall require a land use plan map amendment to Transportation/Utility
which shall include such uses and all contiguous like uses.
~ ffi Utility/infrastructure uses shall not exceed three acres. Any such use,
alone or when added to contiguous like uses which exceed three acres
shall require a land use plan map amendment to Transportation/Utility
which shall include such uses and all contiguous like uses.
***********
Section 2. Article 2, Zoning Districts, Tourist District (liT"), Section 2-803,
Flexible development potential, is amended as follows:
Section 2-803. Flexible development.
The following uses are Level Two permitted uses permitted in the Tourist "T" District
subject to the standards and criteria set out in this section and other applicable
provisions of Article 3.
4
Ordinance No. 7576-06
Table 2-803. "T' Flexible Development Standards
Use ill Min. Lot Min. Lot Max. Height ill Min. Min. Side Min. Rear Density Min. Off-
Area (sq. ft.) Width (ft.) (ft.) Front (ft.) W (ft.) W Street
(ftJi'll Parkina
Alcoholic 5,000 50 35--100 0-15 0-10 10--20 nla 5 per 1,000
Beverage GFA
Sales
Attached 5,000-- 50--100 35--100 0-15 0-10 10--20 30 unitslacre 1.5 per unit
Dwellings 10,000
Comprehens nla nla nla nla nla nla ~O Determined
ive Infill units/acre; by the
Redevelopm 40 community
ent Project roomslacre development
{41 coordinator
@ based on
the specific
use andlor
ITE Manual
standards
Limited 5,000 50 35--100 0-15 0-10 10--20 nla 4--5 spaces
Vehicle per 1,000
Sales and GFA
Display
Marina 5,000 50 25 10-15 0-10 10--20 nla 1 space per
Facilities 2 slips
Nightclubs 5,000 50 35--100 0-15 0--10 10--20 nla 10 per 1,000
GFA
Offices 10,000 100 35--100 0-15 0--10 10--20 nla 3--4 spaces
per 1 ,000
GFA
Outdoor 5,000 50 35 5-15 0--10 10-20 nla 2.5 spaces
Recreationl per 1,000
Entertainme SQ FT of lot
nt area or as
determined
by the
community
development
coordinator
based on
ITE Manual
standards
Overnight 10,000-- 100--150 35-100 0-15 0-10 0--20 40 1 per unit
Accommoda 20,000 roomslacre
tions
Restaurants 5,000-- 50-100 25-100 0-15 0-10 10-20 nla 7--15
10,000 spaces per
1,000 GFA
Retail sales 5,000-- 50-100 35-100 0-15 0-10 10-20 nla 4-5 spaces
and services 10,000 per 1,000
GFA
ill Specific standards for the Old Florida District that supercede the above
reaulations are set forth in Beach bv Desian: A Preliminarv Desian for
Clearwater Beach and Desian Guidelines.
(4) m Any use approved for a Comprehensive Infill Redevelopment Project shall
, be permitted by the underlying Future Land Use Plan Map designation.
5
Ordinance No. 7576-06
***********
Section 3. Article 3, Development Standards, LandscapinglTree Protection,
Section 3-1202.D, Perimeter buffers, is amended as follows:
Section 3-1202.0. Perimeter buffers.
Except in the downtown or tourist districts. excludina the Old Florida District where
landscaoina requirements are defined in Beach Bv Desian: A Preliminary Desian for
Clearwater Beach and Desian Guidelines. or in designated scenic corridors with
approved special plans, landscaping shall be installed in a perimeter buffer in
accordance with the standards in this division and the following table:
***********
Section 4. 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 5. 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.
, Section 6. 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 7. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 8. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
6
Ordinance No. 7576-06
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
7
Ordinance No. 7576-06
."rm~t'"
~~
.. ... ....................... -..
City Council
Agend~over Memorandum _
'PlA>-b
~,5
Tracking Number: 1,842
Actual Date: 01/19/2006
Subject / Recommendation:
Approve an amended Development Agreement between Crystal Beach Capital, LLC (the property
owner,) and the City of Clearwater (previously approved DVA2004-00002 by City Council on
December 2, 2004)for the development of the Hyatt (aka Aqualea).
Summary:
The subject properties total 1.63 acres andare located between South Gulfview Boulevard
and Coronado Drive at Third Street. It is located within an area identified for a catalytic project
by Beach by Design and is a priority candidate for redevelopment on Clearwater Beach.
The applicant has been approved under FLD2004-07052(approved by the CDB on November
16, 2004) to construct a hotel of 250 rooms (153.37 rooms/acre on total site), 18 attached
dwellings (11.04 units/acre on total site) and a maximum of 70,000 square feet (0.98 FAR on
total site) of amenities accessory to the hotel, at a height of 150 feet (to roof deck). This
project has been approved to utilize 207 rooms from the density pool created in Beach by
Design.
The vacation of Third Street and the east Y20f South Gulfview Boulevard was approved by
City Council on March 1, 2001, but is not effective until actual construction of the hotel begins.
The City Council originally approved a DevelopmentAgreement for this property on March 1,
2001 (DA 01-01-01), which was amended on December 2, 2004 (DVA2004-00002).
The applicant is proposing the followingrevisions to the approved development agreement:
Adds a definition for "operator," "hotel operator" o~'single hotel operator" to indicate who is .
responsible for the daily operation of the hotel, provision of hotel services and the maintenance
of the hotel amenities and hotel units. (Section 1.01)
Amends the scope of the project to account forprojected vacancy rates and enable the hotel
unit owners greater flexibility to use the hotel units when the hotel units might otherwise be
vacant, leading to greater use of the hotel amenities and facilities. (Section 2.03 and Section 2
of Exhibit F)
Modifies the construction start date so that it isthe same as the outside date for
commencement of construction under the vacating ordinances for Third Street and S. Gulfview
Boulevard. (Various Sections)
Amends the terms andprovisions for th
e operation of concessions on City property west of S. Gulfview Boulevard, as part of the beach
landing portion of the pedestrian overpass. (Section 5.04, paragraph 7)
Amends the City's obligation regarding the constructionof South Gulfview Boulevard and
Beach Walk improvements based on the 100% drawings by Post Buckley. (Section 5.04,
paragraph 1)
Amends the developer's obligation regarding the payment ofthe pro rata share of the costs
of the South Gulfview Boulevard and Beach Walk improvements. (Section 5.05, paragraph 5b)
Provides for a public pedestrian access easementlO feet in width within the northern-most
bay of the project from Coronado Drive to South Gulfview Boulevard.
The proposal is in compliance with thestandards for development agreements and is
consistent with Beach by Design.
The Community Development Board (CDB) isscheduled to review the proposed applications
for the amended Development Agreement approval at their meeting on January 17, 2006.
Originating: Planning
City Council
Agenda Cover Memorandul1!_
-=
Section Administrative public hearings
Category: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 01/17/2006
01/19/2006
Financial Information:
Review Approval
Gina Clavton
Gina Clayton
01-04-2006 16:51 :34
01-05-2006 09:40:51
01-13-2006 09:54:42
01-04-2006 16:53:05
01-13-2006 10:01:31
01-04-2006 16:54:56
01-13-2006 08:22:43
Pam Akin
Bill Horne
Gina Clavton
Cvndie Goudeau
Garry Brumback
CDB Meeting Date:
Case Number:
Agenda Item:
Owner/Applicant:
Representative:
Addresses:
January 17. 2006
DV A2004-00002A
F4
Crystal Beach Capital. LLC
Mr. StephenJ.Szabo.IU
229 and 301 South Gulfview Boulevard and 230. 300 and 304 Coronado
Drive
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
UPDATE:
The Community Development Board at their September 20, 2005, meeting continued this
application, at the applicant's request, to a date uncertain.
GENERAL INFORMATION:
REQUEST:
Review of, and recommendation to the City Council, of an amended
Development Agreement between Crystal Beach Capital, LLC (the
property owner) and the City of Clearwater (previously approved
DV A2004-00002 by City Council on December 2, 2004) (Hyatt, aka
Aqualea).
EXISTING ZONING/
LAND USE:
Tourist (T) District; Resort Facilities High (RFH) Category
PROPERTY SIZE:
1.63 acres
PROPERTY USE:
Current Use: Vacant.
Proposed Use: Hotel of250 rooms (153.37 rooms/acre on total site),
18 attached dwellings (11.04 units/acre on total site) and a
maximum of 70,000 square feet (0.98 FAR on total site) of
amenities accessory to the hotel, at a height of 150 feet (to roof
deck).
ADJACENT ZONING/
LAND USES:
North: Tourist District; Overnight accommodations
East: Tourist District; Overnight accommodations
South: Tourist District; Overnight accommodations
West: Open Space/Recreation District; Beach and Gulf of Mexico
Staff Report - Conununity Development Board - January 17, 2006 - Case DV A2004-00002A
Page 1 of4
CHARACTER OF THE
IMMEDIATE VICINITY: The surrounding area includes tourist-dominated uses, including
overnight accommodations, restaurants, retail sales and services and
water-based uses at the Marina.
ANALYSIS:
Site Location and Existing Conditions: The existing properties total 1.63 acres and are located
between South Gulfview Boulevard and Coronado Drive at Third Street. The properties
previously were developed with two motels (Glass House and Beach Place Motel). These motels
were demolished. The surrounding area is intensely developed with predominantly commercial
uses including restaurants, motels, hotels and retail sales and services. A City-owned parking lot
is located across Gulfview Boulevard to the west. The site also includes a portion of the eastern
half of the South Gulfview Boulevard right-of-way and the Third Street right-of-way between
South Gulfview Boulevard and Coronado Drive. The site is located within the Beach Walk
District of the Beach by Design Plan.
On February 20, 2002, a Flexible Development request was approved for this property to construct
a 250-room full service hotel with an 800 parking space garage (of which 400 spaces are for public
parking) (Case No. FL 01-01-01). The City Commission approved a companion Development
Agreement on March 1,2001 (Case No. DA 01-01-01). These development proposals approved
included 183 rooms from the Density Pool, the hotel at a height of 150 feet and the vacation of
Third Street and the east Y2 of South Gulfview Boulevard (vacation was approved but is not
effective until actual construction of the hotel begins). On August 20, 2002, the Community
Development Board approved the creation of a 155-space, public parking lot as an interim use
(Case No. FLD 02-04-12). The City Commission approved a companion Development Agreement
on August 22, 2002 (Case No. DA 01-01-01 amended). This interim parking lot will not be
constructed. On November 16, 2004, the Community Development Board (CDB) approved a
Flexible Development application amending the prior project to include an additional 24 hotel
units from the density pool, which were converted to 18 attached dwellings (Case No. FLD2004-
07052). On December 2, 2004, City Council approved the companion amended Development
Agreement (Case No. DV A2004-00002). Building permits to construct the proposed
improvements have been submitted to the City for review and approval.
Proposal: The proposed amended Development Agreement amends the previously approved
2004 Development Agreement to clarify certain issues and to bring certain dates into conformance
with other approval dates. The amended Development Agreement sets forth the following main
proVISIons:
. Adds a definition for "operator," "hotel operator" or "single hotel operator" to indicate who
is responsible for the daily operation of the hotel, provision of hotel services and the
maintenance of the hotel amenities and hotel units. (Section 1.01)
. Amends the scope of the project to account for projected vacancy rates and enable the hotel
unit owners greater flexibility to use the hotel units when the hotel units might otherwise
Staff Report - Conununity Development Board - January 17, 2006 - Case DV A2004-00002A
Page 2 of4
be vacant, leading to greater use of the hotel amenities and facilities. (Section 2.03 and
Section 2 of Exhibit F)
. Modifies the construction start date so that it is the same as the outside date for
commencement of construction under the vacating ordinances for Third Street and S.
Gulfview Boulevard. (Various Sections)
. Amends the terms and provisions for the operation of concessions on City property west of
S. Gulfview Boulevard, as part of the beach landing portion of the pedestrian overpass.
(Section 5.04, paragraph 7)
. Amends the City's obligation regarding the construction of South Gulfview Boulevard and
Beach Walk improvements based on the 100% drawings by Post Buckley. (Section 5.04,
paragraph 1)
. Amends the developer's obligation regarding the payment of the pro rata share of the costs
of the South Gulfview Boulevard and Beach Walk improvements. (Section 5.05, paragraph
5b)
. Provides for a public pedestrian access easement 10 feet in width within the northern-most
bay of the project from Coronado Drive to South Gulfview Boulevard.
The Community Development Board has been provided with the most recently negotiated
Development Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, ensure the provision of adequate public facilities
for development, encourage the efficient use of resources, and reduce the economic cost of
development. The Community Development Board is required to review the proposed
Development Agreement and make a recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee reviewed the application and supporting materials on
September 1, 2005. The Planning Department recommends APPROVAL, and recommendation
to the City Council, of an amended Development Agreement between Crystal Beach Capital, LLC
(the property owner) and the City of Clearwater (previously approved DV A2004-00002 by City
Council on December 2, 2004) for the sites at 229 and 301 South Gulfview Boulevard and 230,
300 and 304 Coronado Drive (Hyatt, aka Aqualea), with the following bases:
Bases for Approval:
1. The amended Development Agreement is consistent with and furthers the goals, policies and
objectives ofthe Comprehensive Plan.
2. The amended Development Agreement complies with the standards and criteria of Section 4-
606.
3. The amended Development Agreement implements and formalizes the requirements for the
construction of site and off-site improvements under the related site plan proposal (FLD2004-
07052).
4. The amended Development Agreement is in compliance with Beach by Design.
Staff Report - Conununity Development Board - January 17, 2006 - Case DV A2004-00002A
Page 3 of4
~
Prepared by: Planning Department Staff:
Wayne M. Wells, AICP, Planner flIT
ATTACHMENTS:
Location Map
Aerial Map
Zoning Map
Existing Surrounding Uses Map
Application
s: \Planning DepartmentlC D BIFLEX (FLD) \Pending cases I Up for the next CDBlGulfview S 301 Hyatt (1) D VA - J.J 7. 06 CDB -
WWlGulfview S 301 Amended Dev. Agree. StaflReportfor 1.17.06 CDB.doc
Staff Report - Conununity Development Board - January 17, 2006 - Case DV A2004-00002A
Page 4 of4
-
~: P~-s
PREPARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CRYSTAL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
DATED AS
, 2006
TAMP 399167.13991679
THIS FIRST AMENDMENT TO SECOND AND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT (the "Amendment") is made as of this
_ day of , ~2006 (the "Effective Date"), by and between THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and
CRYSTAL BEACH CAPITAL, L.L.C., a Florida limited liability company (the
"Developer").
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in
title, are parties to that certain Second Amended and Restated Development Agreement
as recorded in O.R. Book 13996, Page 2409, Public Records of Pin ell as County, Florida
(the "Development Agreement"); and
WHEREAS, to insure and execute the City's goals of revitalizing Clearwater
Beach in accordance with Beach By Design, the City has imposed certain restrictions
upon the Developer and individual Unit Owners as detailed in the Development
Agreement and the exhibits attached thereto; and
WHEREAS, the City and the Developer desire to amend certain terms and
provisions of the Development Agreement, as more fully set forth herein below.
NOW, THEREFORE, in consideration of the sum of $10 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Developer agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
-!-:-2. Capitalized Terms. Capitalized terms not otherwise defined in this
Amendment shall have the meaning ascribed to such terms in the Development Agreement.
3... Definitions: Section 1.01 is herebv amended to add the followinl! definition:
The term "ooerator." "hotel ooerator." or "sinl!le hotel ooerator" shall each mean the sinl!le
entitv under whose name the Hotel is ooerated and who is resoonsible for the dailv
ooeration of the Hotellobbv. front desk. Meetinl! Soace. ballrooms. hotel restaurants. and
. all other oublic areas of the Project and who is solelv resoonsible for the orovision of Hotel
services (e.l!.. room service and concierl!e services) and maintenance and ooeration of all
Hotel amenities.
~. Paragraphs 1. 2 and 4 of Section 2.03 of the Development Agreement-are
amended as follows and new subparagraphs 6. 7 and 8 are added to the end of Section 2.03:
2.03. Scope of the Project.
Page 2
TAMP _399167.13991679
1. The Project shall only include public parking, private parking,
resort hotel, residential and retail uses and appropriate accessory
uses and shall be developed in substantial conformity with the
preliminary plans of development which are attached as Exhibit B.
The Project Site is a "Community Redevelopment District,"
pursuant to the Pinellas County Planning Council's Rules which
authorizes an increase in hotel unit density pursuant to the
provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - at least 400 spaces.
a:.b. Private parking -at least 350 spaces.
&;c. Hotel: The Hotel shall include no more than two hundred fifty
(250) hotel units (which may be submitted to condominium ovvnership ),
k Units (Rooms) - The Hotel shall include no more than two
h:undre.dJiftyJ.25_Ql hotel units-Lwhkh..mIly..be..s.u.bn)itl~d_1Qc.Q.ndQminium
Q.:wner~hiP.){individuallv each a "Hotel Unit" and collectivelv the "Hotel
Units").
roll. Other Areas - The Hotel shall include a mlmmum of
twenty thousand (20,000) square feet of Meeting Space and other
amenities accessory to the Hotel, including, but not! limited to restaurants,
bars, exercise and spa facilities, beach club, outdoor recreation space,
storage, back office and administration areas and other functional elements
relatine: to the Hotel, including not more than twenty five thousand
(25,000) square feet of retail/restaurant floor area. Of the hotelooits, 209
are Hotel Unit Pool units, which shall be required to be submitted to a
rental program requiring that such 1:Hlit be available f{)r overnight hotel
guests 011 a transiel'lt basis for no fewer tRaIl 330 days in any calendar year,
subject to force majeure events making such rooms unavailable for
occupancy and subject further to the right of the operator to remove such
rooms from service as necessary to assuro compliance of suoh roOIlIS 'Nith
the operating standard of such operator. In order to assure the high quality
resort experience called for under this :\greement, all such units, as well as
the lHlits BOt repr~senti1lg b01ll:lS t:m:its, shall be operated by a single hotel
operator who shall meet the requirements as to operating standards set
forth in Exhibit N of this AgreemeIlt. In addition, the cabanas as shown
on the approved site development plan, will be accessory facilities which
are not available for rental as overnight accommodation, contain no beds
or pull-out sofas, will only be made available for use by hotel guests or
beach club members and when not rented to hotel guests, access to the
cabana will be prohibited between the hours of 1 a.m. and 6 a.m."
Page 3
TAMP 39911:;7.13991679
d. Residential Units - not more than 18 units.
2. Nothing shall preclude the Developer from developing or operating
all or a oortion of the Project elements using any ownership format
permitted under Florida Statutes including individual ownership
formats in one or more condominiums. provided that the
re<lliiremel'lts as to a',ailability for transient ooeupancy and as
tethere is a single hotel operator set forth inas defined herein and
all Hotel Units are ooerated in comoliance with this AQ1"eement.
4. Notwithstanding any other provision of this }..greement, no
ocoupaney in excess of thirty (30) days per stay shall be permitted
in any hotel1:H'lit wffieh is developed as a part of the Project. In
addition, no hotel ooit shall be used as a primary or permanent
residence and each unit fr{)m the Hotel Unit Pool shall be required
to be available to transioot hotel guests all Hotel Units shall be
licensed as a oublic lodlrine facilitv in accordance with Florida
Statutes. Chaoter 509. No Hotel Unit shall be occuoied bv the
owner or l!Uest of the aoolicable Hotel Unit (the "Unit Owner") for
more than 30 consecutive davs oer stav. When not occuoied bv the
Unit Owner. the aoolicable Hotel Unit shall be made available for
rental to the oublic for transient occuoancv as overni!!ht
accommodations. Each Hotel Unit shall be made available to the
oublic overni!!ht accommodations for no fewer than 305 davs in
anv calendar vear. subject to force majeure events makine such
rooms unavailable for occuoancv and subject to the ri!!ht of the
hotel ooerator to remove such rooms from service as necessarY for
maintenance. No Hotel Unit mav be used for anv ouroose other
than overni!!ht accommodations as orovided bv the Land
Develooment Code. Individual Hotel Units shall not be reauired to
be made available for rental to the oublic as a result ofJ9.r~.9.
majeure events makine such rooms unavailable for occuoancv and
s..u.biectiurtbj;;r to the right QL.the.__ hotel QPe.mloJ_ t.Qre.moYc.__s.ll.c.h
!.9.gm~.J~_O!!1:_.._service as necess~!y' to _a~sl1.!_~._..cO.J:!lPU_~~9.._Q.L~.I!~h
rooms with the ooeratjng standard of such hotel ooerator. Unit
Owner's mav act on their own behalf to rent their resoective Hotel
Units or mav retain either the Develooer or a third oartv rental
aeent to orovide rental services.
6. In order to assure the hieh a~~Ji.tY__!_~sort__9.~1!.~!t~Q~e can~~tJQ!'
under thjs AQ1"eement. all 250 Hotel Units shall be maintained and
ooerated to the ooerating standards set forth in Exhibit N of this
AQ1"eement.
Page 4
TAMP 399167.13991679
7. Develooer shall maintain a sing:le front desk for the Hotel. to
rel!ister every Hotel Unit occuoant. To assist the Citv to monitor
the Unit Owners' comoliance with the laws and rel!Ulations
aoolicable to such Hotel Units. the hotel ooerator will control
access to all of the Hotel Units and will. uoon the written reauest
of the Citv. no more than once oer vear. orovide to the Citv a
reoort detailing: the total number of nil!hts each Hotel Unit was
occuoied and the number of nil!hts each Hotel Unit was occuoied
bv the Unit Owner (or l!Uest of the Unit Owner) and the number of
nil!hts each Hotel Unit was occuoied bv a third oartv hotell!Uest.
8. All Hotel Units shall be reauired to be operated as described in this
Section 2.03. Prior to the issuance of a certificate of occupancy for
the resort Hotel, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in
accordance with Exhibit F, limiting the use and operation of the
resort aotel1:1flitsHotel Units and implementing this paragraph.
5. Section 3.01 paragraph 3 is amended as follows:
3.01. Land Development Regulations.
3. Allocation of Units from Hotel Unit Pool. Subject to the terms and
conditions of this Agreement, the City hereby allocates and grants to
Developer from the Hotel Unit Pool an additional two hundred nine (209)
hotel \:HlitsHotel Units to the Project Site in accordance with applicable
law. The allocation of additional hotel units from the Hotel Unit Pool shall
expire and be of no further force and effect unless the Commencement
Date occurs on or before Mar-ea 6,December 31. 2006.
Q... Section 3.03 paragraph 2 is amended as follows:
3.03. Concurrency.
2. Reservation of Capacity. The City hereby agrees and acknowledges that as
of the Effective Date of this Agreement, the Project satisfies the
concurrency requirements of Florida law. The City agrees to reserve the
required capacity to serve the Project for the Developer and to maintain
such capacity until Mareh 6,December 31. 2006 and that such period shall
be automatically extended for an additional three (3) years if the
Developer commences construction by March 6,December 31. 2006. The
City recognizes and acknowledges that the Developer will rely upon such
reservation in proceeding with the Project.
7. Section 5.03 paragraph 2 is amended to read as follows:
Page 5
TAMP a991a7.13991679
2. Project Site. In the event the Developer fails to commence
construction by Ma{'(;fl 6,December 31. 2006, at Developer's request the
City agrees to purchase the Project Site as described in Exhibit A at fair
market value, but in no event shall the purchase price exceed $6,000,000.
The fair market value shall be established by an appraisal process. The
appraiser shall be directed to establish the value of the property assuming
Third Street and South Gulfview Drive are not vacated and disregarding
the additional development rights (209 hotel units) provided in the
Development Agreement. The appraisal of the Project Site shall reflect
the higher of: (i) the highest and best use of such property at the time of
appraisal, or (ii) the value of the Project Site with existing buildings and
existing sixty-five (65) hotel units in place at the time of execution of the
Development Agreement (i.e. as existing in 2002, before demolition, but
valued at the time of the appraisal in 2006). The appraisals shall be
conducted by two (2) appraisers retained by the City. One of the
appraisers shall be selected from a list of qualified appraisers submitted to
the City by the Developer. In the event that the two (2) appraisals are
within twenty percent (20%) of each other, the fair market value shall be
the average of the two (2) appraisals. In the event that the appraisals differ
by more than twenty percent (20%), the two appraisers shall select a third
appraiser from the City's master list of qualified appraisers, including the
list submitted by the Developer, and the third appraiser shall select among
the two (2) appraisals which in the opinion of the third appraiser most
accurately represents the fair market value of the property.
.8... Section 5.04, paragraph 7 is amended as follows:
7. Concessions. The City shall grant the Developer authority to
operate concessions on land to the west of the existing centerline of South
Gulfview Drive, adjacent to the Project site, subject to any existing
franchise or concession rights and compliance with all requirements of the
City Code, and subject to a IOBg term license agreement to be approved by
the City, substantially in the form as Exhibit K. The license agreement
shall be for a term of 50 years, commencing on the date the facilities are
available for use, and be subject to a right of termination by the City for an
uncured breach of a material obligation by the Developer. Such
concessions may include a facility open to the public which provides
towels, lockers, minimal beach sundries, and other beach gear required to
operate a first-class beach hotel, but not including benches, lounges,
umbrellas and side tables. The concession facilitv shall be no more than
1.200 sauare feet. MOL. be no hiiilier than one storv and shall not disolav
the name Hvatt or anv other hotel-related mark on the structure of the
facilitv. Additionallv. the oersons workim!: within the facilitv shall wear no
oins or other identification bearini! the name Hvatt or anv other hotel-
related mark. Such facilities shall be built into the beach landing portion
of the pedestrian overpass, as more particularly depicted on Exhibit H.
Page 6
TAMP 399167.13991679
Notwithstanding the foregoing, in regard to beach chairs, lounges,
umbrellas, side tables and the level of services associated with the
provision thereof ("Beach Concessions"), the City shall retain the right to
utilize a concessionaire to provide said Beach Concessions. The City
agrees that the City concessionaire shall offer the Beach Concessions
which comply with the standards set out on Exhibit L, attached hereto and
made a part hereof. If the City's franchisee fails to comply with the
standards in Exhibit L Developer may send written notice to the City
specifying the non-compliance, after which the City has thirty (30) days to
cure said non-compliance. In the event that the non-compliance is not
cured within thirty (30) days, the City agrees that the Developer may
thereafter provide the Beach Concessions and shall retain all income
derived therefrom. If the Develooer assumes control of the Beach
Concessions. Develooer shall have a five vear term to ooerate the Beach
Concessions. subject to the orovisions herein below. The Beach
Concessions mav be located onlv on that oortion of the beach directlv west
of the Project Site and as defined bv two oarallellines runninl! from the
northern-most boundary of the oroject and the southern-most boundary of
the oroject west to the mean hil!h water mark.. Further. there shall be no
indication or brandinl! on chairs. tables. umbrellas or other similar items
sold or rented from the concession facilitv bearinl! the name Hvatt or anv
other hotel-related mark. If the Developer assumes control of the Beach
Concessions, and the City receives documented complaints that the Beach
Concessions are being denied to non-hotel guests, or if Developer fails to
comply with the standards set out in Exhibit L, the City may send written
notice to Developer specifying the non-compliance. In the event that the
non-compliance is not cured within thirty (30) days, the City may take
back the Beach Concessions.
9. Section 5.04 paragraph 1 is amended as follows:
5.04. City's Obligations.
1 South Gulfview and Beach Walk Improvements. The City shall be
responsible for the design, construction and funding (subject to the
payment by Developer of its pro rata share as provided herein) of the
South Gulfview and Beach Walk Improvements. The City further agrees
to make reasonable efforts to complete construction ia aeeordanoe with the
sohedule attaehed hereto as Exhibit M. The City's utilization of the
eonstnletioa sehedule ia ExlHbit M is depeadoot upoa payment byof that
oortion of South Gulfview and Beach Walk Imorovements abuttinl! the
Project defined as Phase I and Phase II in the Mav 2. 2005 Post Buck1ev
100% Drawinl!s for Beachwalk b'l ao later tllllflorior to the issuance of the
Certificate of Occuoancv for the Project continl!ent on oavment bv
Developer of Developer's Pro Rata Share (defined herein) and the
TAMP 399167.13991679
Page 7
Accelerated Construction Payment (defined herein) to the City prior to the
City awarding the construction bid. The Citv and the Develooer recolIDize
that staeimz and site access issues will have a substantial imoact on the
Beach Walk construction schedule. Further. construction of the Beach
Walk Imorovements as shown in the - Mav 2. 2005 Post Bucklev 100%
Drawines for Beachwalk is contineent uoon the avail~bilitv of the Relo
cated First Street Calk/a Second Street). The City a2fees that issuance of
the Certificate of Occuoancv shall not be unreasonablv withheld.
conditioned or delaved.
10. Section 5.05 para2faph 5 is amended as follows:
5.05. Obligations of the Developer.
5. Cost of South Gulfview and Beach Walk.
a. The City's portion of the Transportation Impact Fee shall be
credited to the Developer against the cost of Developer's fair share
of the South Gulfview and Beach Walk Improvements as described
in subsection (b) below.
b. The Developer shall be responsible for a pro rata share of the cost
of the South Gulfview and Beach Walk Improvements, which shall
be equal to the net cost of the South Gu1fview and Beach Walk
Improvements multiplied by a fraction in which the front footage
of the Proj ect Site is the numerator and the total frontage along
South Gu1fview and Beach Walk Improvements is the
denominator.
SPR = (F PROJ/F SGBW) x (CSGBW)
SPR = Pro Rata Share
FpRoJ = Frontage of Project Site
FSGBW = Total Frontage along South Gulfview and
Beach Walk Improvements
CSGBW = Net Cost of South Gulfview and Beach
Walk Improvements
The City has determined that the Developer's pro rata share is One
Million One Hundred Ninety Thousand Dollars ($1,190,000.00)
("Developer's Pro Rata Share"). In addition, Developer agrees to
pay the City an additional Two Hundred Eighty Thousand Dollars
($280,000.00) iB ~eh8:Bge for the City's agreemeat tofor redesign
of the Beach Walk Improvements to accommodate the Project
(Rdesign Payment). utilize the speoifio eOBstrnetion sohedule
attaehed hereto as Exhibit Meomalete oonstnletioB of that Dortion
Page 8
TAMP JQQ1€l7.13991679
of the South Galf'liew and Beaeh \Valk Imoro'/ements tlrior to the
iss\:1anee of the Certifieate of Oee\:1tlanev for the Proieet
("f..ceelerated COBstmetioB Paymeftt"). The City's utilization of
the eonstrnetien seaee\:11e in Ibdlibit Moblig:atioB is depoodem:
l:1:pon payment of Develeper's Pro Rata Share md fue f..eeeleration
C01~strnetioR Paymef)t to the City prior to the City awarding the
constreetion bid. The City agrees to \:1ti1ize best efforts to meet the
const11:1etion sehedtile speeified in Exhibit M reeogRizing that time
is of the essence. eomalete eOBstrnetion of that tlortioR of the
SO\:1th Galfview me BeaOO. \\' alk Imaro'/emeRts tlrior to the
issuanee of the Certifieate of Oee\:1tlB:lleY for the Pr<>ieet. The City
a2:i"ees to g:ive De'leloaer Bot less thm 5 days tlrior writtefl notice
of the date the L^"eeeleration ConstI1.wtioR Pa'.meflt shall be due and
tlavable here\:1Daer. If Developer's Pro Rata Share and L'\.eeelerated
CORstmetionRedesign Payments are not made by April 1, 2005,
the amount due will be increased each month by the Construction
Cost Index as published monthly by the U.S. Dept. of Commerce.
Such pro rata share shall be paid prior to issuance of the
foundation permit for the project.
c. In the event that any property which fronts on the South Gulfview
and Beach Walk Improvements is proposed for redevelopment
using the pool of additional resort units established pursuant to
Beach by Design, the developer of such property shall be required
to pay to the City a pro rata share of the cost of the South
Gulfview and Beach Walk Improvements as a condition of
development approval.
11. Section 5.05 paragraph 9 is amended as follows:
9. Commencement of Construction. The Developer shall commence
construction of the Project by Maroh,December 31. 2006, and shall
thereafter diligently pursue completion of the Project.
12. Section 7.02A+- paragraph 1 is amended as follows:
7.02. Construction.
1. Commencement. The Developer shall construct the Garage Access
Improvements, substantially in accordance with the Plans and
Specifications therefor. The Developer shall commence construction by
MarchDecember 31 2006 in accordance with Section 5.05(12).
a. For purposes of this Section 7.02, "commence construction" means
commencement of meaningful physical development of that part of
the Project as authorized by the Building Permit therefor which is
Page 9
TAMP 399167.13991679
continued and diligently prosecuted toward completion of that part
ofthe Project.
b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
continuation of construction in regard to the Garage Access
Improvements, shall be subject to delays and extensions from time
to time for Unavoidable Delay (see Article 15). The Developer
shall not be deemed to be in default of this Agreement to the extent
construction of the Project, or a part thereof, is not complete by
reason of Unavoidable Delay.
13. Exhibit F. Sections 2 of Exhibit F to the Agreement are deleted in their
entirety and replaced with the following:
2.1.1 The Hotel Units shall be restricted as follows;fL minimum of
two hundred and nine (209) units, 'Nhich is the number of hotel
units allocated to DEVELOPER, shall be used solely for transient
occupancy of thirty (30) days or less, ffil:lst be licensed as a public
lodging establishment and classified as a hotel, and must be
operated by a siflgle licensed operator of the hotel. No hotel unit
shall be l:lsed as a primary or permanent residenee..
k No Hotel Unit shall be occuoied bv the Unit Owner
or anv other occuoant for more than 30 consecutive davs
oer stav. When such Hotel Units are not beinl! occuoied bv
their resoective owners. the Hotels Units shall be made
available to the oublic for rental as overnil!ht
accommodations as defined in the Clearwater Communitv
Develooment Code. The Hotel Units shall be made
available to the oublic for rental as overnil!ht
accommodations for no fewer than 305 davs in anv
calendar vear.
tell. All Hotel Units shall be licensed as a Dublic lod2:in2:
facilitv in accordance with Florida Statutes. Chaoter 509.
tem. All Hotel Units shall be maintained and ooerated to
the ooeratinl! standards (the "Ooeratinl! Standards") set
forth in Exhibit N of that certain Second. Amended and
Restated Develooment Al!feement as recorded in O.R.
Book 13996. Pal!e 2409. Public Records of Pinellas
Countv. Florida (the "Develooment Al!feement"). Owners
of the Hotel Units mav act on their own behalf to rent their
resoective units or mav retain either the Deve100er or a
Page 10
TAMP 3991e7.13991679
TAMP 3991137.13991679
third oartv rental allent to orovide rental services. however.
in such event the owners of the Hotel Units shall be
resoonsible for comoliance with the Ooeratinll Standards
and the terms and conditions of the Develooment
AlITeement. as amended. includinll. but not limited to.
Exhibits E. F and N. Uoon reauest of the Citv. the such
Hotel Unit owner (other than those Unit Owner's whose
Hotel Unit is managed by the hotel operator for the Hotel)
shall be reauired to orovide. at the owners exoense.
indeoendent certification bv a mutuallv alITeed uoon Hotel
Insoector. of the Hotel Unit's comoliance with the
Ooeratinll Standards and the terms and conditions of the
Develooment Al!feement. as amended. includinll. but not
limited to. Exhibits E. F and N. In addition to remedies
available bv law. the Citv shall have the rililit to orohibit
use of and access to anv unit that is not ooerated to the
Ooeratinll Standards until such time as the owner of such
unit demonstrates to the reasonable satisfaction of the Citv
that unit is in comoliance with this section.
bU All other Rotel lllits shall be licensed as a p1:1blic lodging
establishment, classified as a hotel or resort condominil:lRl with
occupancy limited to stays of thirty (30) days or less. No hotel unit
shall be used as a primary or permafleflt residenoe.
2.1.2 The Other Areas of the Hotel. includinll the front desk.
shall be ooerated bv a sinllle. licensed ooerator of the Hotel.
2.1.3 No Hotel Units shall be used as other than overnililit
accommodations as orovided in the Land Develooment Code. nor
shall anv Hotel Unit be used as a orimarv or oermanent residence.
2.1.4 As used herein, the terms "transient occupancy,",l "public
lodging establishment;",l "hotel", "resort condominimum, and
"operator" shall have the meaning given to such terms in Chapter
509, Part I, Florida Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel
developed on the Real Property shall be closed as soon as
practicable upon the issuance of a hurricane watch by the National
. Hurricane Center, which hurricane watch includes Clearwater
Beach, and all Hetelunits owners and their l!Uests and invitees and
all hotel guests, visitors and employees,l other than emergency and
security personnel required to protect the resort Hotel (as
desimated bv the Develooer and/or its hotel ooerator) shall be
evacuated from the Hotel as soon as practicable following thet
Page 11
issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the terminology employed to warn
of the approach of hurricane force winds, the closure and
evacuation provisions of this Declaration shall be governed by the
level of warning employed by the National Hurricane Center
which precedes the issuance of a forecast of probable landfall in
order to ensure that theinsure that all units owners and their l!Uests
and invitees and all hotel guests, visitors and employees will be
evacuated in advance of the issuance of a forecast of probable
landfall.
K Easement. Develooer shall orovide a oublic oedestrian access easement 10
feet wide within the northern-most bav of the Proiect extendin!! from Coronado to Gulf
View Boulevard. Such easement shall include: a horizontal oole or !!ate at the east end of
the easement which is Ion!! enoulZh to restrict oublic vehicular traffic unless lifted as
necessarY. but not so Ion!! as to overlv imoede oublic oedestrian traffic: aoorooriate sil!l1a!!e
indicatin!! that the area oermits oublic oedestrian access: and aoorooriate lilZhtin!! for oublic
oedestrian traffic. The easement shall remain in olace until Second Street is ooen. The
access easement shall not be used for !!eneral oublic vehicular throulZh traffic. but will be
used bvvehicu1ar traffic directlv associated with the oroiect.
SIGNATURE PAGES TO FOLLOW
TAMP _399167.13991679
Page 12
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as ofthe date set forth in the first paragraph of this Amendment.
THE CITY OF CLEARWATER, FLORIDA
Attest:
By:
City Clerk
By:
Mayor
Approved as to form:
Pamela K. Akin, Esquire
City Attorney
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day
of , 2005 by and , the Mayor and the
City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
Notary Public - Signature
Print Name:
My Commission Expires:
[SIGNATURES CONTINUED ON NEXT PAGE]
TAMP 399167.13991679
Page 13
Signed, sealed and delivered
in the presence of:
CRYSTAL BEACH CAPITAL, LLC
By: NJR DEVELOPMENT COMPANY,
L.L.C., its sole manager
(Witness Signature)
Print Name:
Neil J. Rauenhorst, its Manager
(Witness Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this _ day of ,2005, by
Neil J. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal
Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select
one:]
( ) is personally known to me;
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
TAMP _~~399167 9
EXHIBIT 1
2
005.382551.1 AMP 399167.1399167 9
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RESOLUTION NO. 06-06
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND CRYSTAL BEACH CAPITAL, LLC
F/K1A BEACHWALK RESORT, LLC; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of amending the Development
Agreement with Crystal Beach Capital, LLC f/k/a Beachwalk Resort, LLC that was
adopted by the City Council on December 2, 2004, by Resolution No. 04-35; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The First Amendment to the Development Agreement between the
City of Clearwater and Crystal Beach Capital, LLC. a copy of which is attached as
Exhibit "An is hereby approved.
Section 2. The City Clerk is directed to record the Amendment to the
Development Agreement with the Clerk of the Circuit Court in Pinellas County no later
than fourteen (14) days after the agreement is executed. The applicant for the
Development Agreement shall bear the expense of recording the amendment.
Section 3. The City Clerk is directed to submit a recorded copy of the
Amendment to the Development Agreement to the State of Florida Department of
Community Affairs no later than fourteen (14) days after the Amendment to the
Development Agreement is recorded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Pamela K. Akin
City Attorney
Resolution No. 06-06
~'.~.'3
Hvatt Fuodio2 for Beach Walk (01/17/06)
Existing agreement Westra bid
Total South Gulfview construction cost =
(Coronado to Adams Mark) $10.394 $14.485 M
Less utility costs (sewer, water, drainage, gas) = $.453 M $1.953 M
Construction cost subject to reimbursement = $9.941 M $12.532 M
CEI & capitalized labor (6%) = $.752 M
Total = $13.284 M
Less anticipated construction grant funding = $4.693 M
Total cost subject to reimbursement = $8.591 M
Total project length = 2330'
Hyatt S. Gulfview frontage = 279'
Due from Hyatt- ($9.941 M) x (279/2330) = $1.190 M
Construction cost index increase (4/05 - 12/05) = $.053 M
Total = $1.243 M
Due from Hyatt- ($8.591 M) x (279/2330) = $1.029 M
Construction cost increase (9/05 - 12/05) = $.022 M
Total = $1.051 M
Traffic Impact Fee calculation:
250 "resort hotel" units @ $2838/ unit = $709,500
250 "resort hotel" units @ $3208/ unit = $802,000
18 condominium units @ $1252/ unit = $22,536
18 condominium units @ $1270/ unit = $22,860
Total = $732,036 $824,860
Credits:
67 "motel (budget style)" units @ $805/ unit = $53,935
67 "motel (budget style)" units @ $910/ unit = $60,970
Total Traffic Impact Fee due = $678,101 $763,890
City share = 50% = $339,050 $381,945
Amount due from Hyatt = $1.243 M - $0.339 M = $.904 M
Amount due from Hyatt = $1.051 M - $0.382 M = $.669 M
Existing agreement construction costs from 30% design cost estimate prepared by Post Buckley Schuh &
Jernigan dated June 16,2004 and inflated by 10%. New construction costs are based on the low bid
submitted by Westra Construction, Inc. on August 17,2005.
Anticipated grant funding included.
~.:..'.".....'....... ................:......'........~....................t8......,.'.....,.fW.........;.;,.................................',....,................,...."1..
~~...
City Council
~genda Cover Memorandum
\JLD - \
<1 Q \
Tracking Number: 1,832
Actual Date: 01/19/2006
Subject / Recommendation:
Approve the Annexation, Future Land Use Plan Amendment from the County Commercial
General (CG) Category to the City Institutional (I) Category and Zoning Atlas Amendment from
the County C-2, General Retail Commercial and Limited Services District to the City Institutional
(I) District for 2190 NE Coachman Road (Lot 16, Pinellas Groves, Southeast Y4, Section 12,
Township 29 South, Range 15 East); and Pass Ordinance 7575-06, 7577-06 & 7578-06 on first
readi ng. (ANX2005-09033-LUZ2005-09011)
Summary:
The subject property is located on the north side of NE Coachman Road, approximately 240 feet
west of North Belcher Road. The property is an enclave and is 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
build a 7,200 square foot religious / educational facility. The subject site is approximately 1.95
acres in area and is vacant.
A companion application to change the Future Land Use Plan category of this site from
Commercial General (CG) to Institutional (I), and to rezone it from C-2, General Retail,
Commercial and Limited Services District (County) to the (I), Institutional District is being
processed concurrently with this annexation request in LUZ2005-09011.
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
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 (ANX2005-09033) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on December 20, 2005 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
City Council
Agenda Cover Memorandum
fi
Public Hearing: Yes
Advertised Dates: 12/20/2005
01/19/2006
02/02/2006
Financial Information:
Review Approval
Michael Delk
Leslie Dougall-Sides
12-23-2005 08:37:07
01-09-2006 08:30:57
12-23-2005 11:33:19
01-05-2006 16: 12:26
12-28-2005 09:57:31
01-07-2006 14:55:58
Cvndie Goudeau
Steven Brown
Garrv Brumback
Bill Horne
ORDINANCE NO. 7575-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF NORTHEAST COACHMAN ROAD
APPROXIMATELY 180 FEET WEST OF NORTH BELCHER
ROAD, CONSISTING OF A PORTION OF LOT 16, PINELLAS
GROVES, WHOSE POST OFFICE ADDRESS IS 2190
NORTHEAST COACHMAN ROAD, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See attached legal description (LUZ2005-09011)
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. 7575-06
ORDINANCE NO. 7577-06
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 ON THE
NORTH SIDE OF NORTHEAST COACHMAN ROAD
APPROXIMATELY 180 FEET WEST OF NORTH BELCHER
ROAD, CONSISTING OF A PORTION OF LOT 16, PINELLAS
GROVES, WHOSE POST OFFICE ADDRESS IS 2190
NORTHEAST COACHMAN ROAD, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS INSTITUTIONAL; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use Cateaorv
See attached legal description (LUZ2005-09011)
Institutional
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. 7575-06.
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 Attomey
Cynthia E. Goudeau
City Clerk
Ordinance No. 7577-06
ORDINANCE NO. 7578-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF NORTHEAST COACHMAN ROAD APPROXIMATELY 180
FEET WEST OF NORTH BELCHER ROAD, CONSISTING OF A
PORTION OF LOT 16, PINELLAS GROVES, WHOSE POST
OFFICE ADDRESS IS 2190 NORTHEAST COACHMAN ROAD,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
INSTITUTIONAL (I); 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:
Prooertv
Zonina District
See attached legal description (LUZ2005-09011)
Institutional (I)
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. 7575-06.
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. 7578-06
~: ?0J- \
CDB Meeting Date:
Case Number:
Owner
Applicant:
December 20. 2005
ANX2005-09033
Diocese of St. Petersburg
Light of Christ Catholic Church
c/o TBE Group. Inc.
2190 NE Coachman Road
G5
Location:
Agenda Item:
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
Annexation of 1.95 acres of property to the City of
Clearwater; (Site is included as part of the pending land use
plan amendment and rezoning request, LUZ2005-09011).
SITE INFORMATION
PROPERTY SIZE:
84,942 square feet or 1.95 acres
(135 feet by 566 feet mol)
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
7,200 square foot daycare / educational facility
PLAN CATEGORY:
Current Category:
Proposed Category:
Commercial General (CG) (County)
Institutional (I) (City)
ZONING DISTRICT:
Current District:
Proposed District:
C-2, General Retail Commercial and Limited Services
District (County)
Institutional (I) (City)
Staff Report - Conununity Development Board - December 20, 2005 - Case ANX2005-09033 Page 1
SURROUNDING USES:
North: Offices
South: School/Offices
East: Retail Sales / Offices
West: Church
ANALYSIS
The subject property is located on the north side ofNE Coachman Road, approximately 240 feet
west of North Belcher Road. The property is an enclave and is 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 build
a 7,200 square foot religious / educational facility. The subject site is approximately 1.95 acres
in area and is vacant.
A companion application to change the Future Land Use Plan category of this site from
Commercial General (CG) to Institutional (I), and to rezone it from C-2, General Retail,
Commercial and Limited Services District (County) to the (I), Institutional District is being
processed concurrently with this annexation request in LUZ2005-09011.
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
Water service from the City of Clearwater is available to this property. The closest water line is
located in an easement along the south side of the property along NE Coachman Road. Sanitary
sewer service will be provided by the City of Clearwater and the City has adequate capacity to
serve this property. The closest sanitary sewer line is located in an easement along the south side
of the parcel.
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 flIT 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
Staff Report - Community Development Board - December 20, 2005 - Case ANX2005-09033 Page 2
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.
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with sanitary sewer, water, 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 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 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 & Conclusion of Law
The site is currently zoned C-2, General Retail, Commercial and Limited Services District in the
County. The applicant proposes to rezone the property to the (n, Institutional District. The
proposed rezoning is being processed concurrently with the annexation and is more thoroughly
analyzed and discussed in the staffreport for LUZ2005-09011.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact & Conclusions of Law
A change is requested to the Comprehensive Plan category of this site from the Commercial
General (CG) category to the Institutional (n category in LUZ2005-09011. In accordance with
the Countywide Plan Rules, the land use plan amendment is subject to the approval of the
Pinellas Planning Council (PPC) and the Board of County Commissioners acting as the
Countywide Planning Authority.
Staff Report - Conununity Development Board - December 20, 2005 - Case ANX2005-09033 Page 3
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, 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,
water, solid waste, police, fire and emergency medical services without any adverse effect on the
service level. The proposed annexation is consistent with both the City's Comprehensive Plan
and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following action on the
request:
Recommend APPROVAL of the annexation of 1.95 acres to the City of Clearwater.
Prepared by Planning Department Staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Staff Report - Community Development Board - December 20,2005 - Case ANX2005-09033 Page 4
Surrounding Uses Map
Site Photographs
S: \Planning DepartmentlC D BlAnnexationslANX - 2005IANX2005-09033 2190 NE Coachman Road LOC
Chruch IANX2005-09033 StalL Report. doc
Staff Report - Conununity Development Board - December 20,2005 - Case ANX2005-09033
Page 5
\A.e.: PLD - \
CDB Meeting Date:
Case Number:
Owner
Applicant:
December 20. 2005
LUZ2005-09011
Diocese of St. Petersburg
Light of Christ Catholic Church
c/o TBE Group. Inc
2190 NE Coachman Road
G5
Location:
Agenda Item:
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Future Land Use Plan amendment from the Commercial
General (CG) Classification to the Institutional (I)
Classification (pending ANX2005-09033); and
(b) Rezoning from the General Retail Commercial and
Limited Services (C-2) District to the Institutional (I)
District (pending ANX2005-09033).
SITE INFORMATION
PROPERTY SIZE:
84,942 square feet or 1.95 acres
(135 feet wide by 566 feet deep mol)
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
7,200 square foot daycare / educational facility
PLAN CATEGORY:
Current Category:
Proposed Category:
Commercial General (CG)
Institutional (I)
ZONING DISTRICT:
Current District:
Proposed District:
General Retail Commercial (C-2)
Institutional (I)
Staff Report- Conununity Development Board-December 20,2005 - Case LUZ2005-09011
Page 1
EXISTING
SURROUNDING USES:
North: Offices
South: School/Offices
East: Retail Sales / Offices
West: Church
ANALYSIS:
This Future Land Use Plan (FLUP) amendment and rezoning application involves one parcel of
land approximately 1.95 acres in area included in a companion application to annex the property
into the City of Clearwater (case #ANX2005-09033). It is located on the north side of NE
Coachman Road approximately 240 feet west of North Belcher Road. The site is currently
vacant and has a FLUP classification of Commercial General (CG) and a Pinellas County zoning
designation of General Retail Commercial and Limited Services District (C-2). The applicant is
requesting to amend the FLUP designation of the site to the Institutional (INS) classification.and
to rezone it to the Institutional (I) District in order to construct a 7,200 square foot educational
facility on the site.
This Future Land Use Plan (FLUP) amendment consolidates the Diocese of St. Petersburg's
adjoining property, which currently is Light of Christ Catholic Church, into the same land use/
zoning categories as the subject parcel.
In accordance with the Countywide Plan Rules, the FLUP amendment is subject to approval by
the Pinellas Planning Council and Board of County Commissioners acting as the Countywide
Planning Authority. Based on the size of the property and the classification requested, review
and approval by the Florida Department of Community Affairs is not required.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
ofthe proposed land use plan amendment are as indicated below:
2.1 Objective - The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment
2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
5.1.1 Policy - No new development or redevelopment will be permitted which causes the level
of City services (traffic circulation, recreation and open space, water, sewage treatment,
Staff Report - Conununity Development Board - December 20, 2005 -Case LUZ2005-090 II
Page 2
garbage collection, and drainage) to fall below minimum acceptable levels. However,
development orders may be phased or otherwise modified consistent with provisions of
the concurrency management system to allow services to be upgraded concurrently with
the impacts of development.
The proposed educational facility is consistent and compatible with the surrounding environment
and causes no degradation of levels of service in the infrastructure network of the area.
Recommended Conclusions of Law
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact
It is the purpose of the proposed Institutional (I) category, as specified in Section 2.3.3.7.3 of the
Countywide Rules, to depict those areas of the County that are now used, or appropriate to be
used, for public/semipublic institutional purposes; and to recognize such areas consistent with the
need, character and scale of the institutional use relative to surrounding uses, transportation
facilities, and natural resource features.
This category is generally appropriate to those locations where educational, health, public safety,
civic, religious and like institutional uses are required to serve the community; and to recognize
the special needs of these uses relative to their relationship with surrounding uses and
transportation access.
The site is located in between existing Institutional uses along NE Coachman Road and existing
Commercial General uses along North Belcher Road. It is also located in an area that is
developed with residential uses with allowable densities ranging between 7.5 units per acre to 15
units per acre.
Recommended Conclusions of Law
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3]
Recommended Findings of Fact
A mix of single-family dwellings and commercial uses characterize the immediate area to the
south. Retail and commercial businesses exist immediately to the west, along North Belcher
Road. Adjacent to the east is an existing place of worship.
Staff Report - Conununity Development Board - December 20,2005 -Case LUZ2005-09011
Page 3
Recommended Conclusions of Law
The proposed FLUP designation and rezoning are in character with the overall FLUP and zoning
designations in the area. They are compatible with surrounding uses and consistent with the
character of the immediate surrounding area and neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES
Recommended Findings of Fact
The overall subject site is approximately 1.95 acres in area and is presently vacant. Based on a
floor area ratio of .65, as allowed in the Institutional District category, the maximum permitted
floor area could be 55,212 square feet. The applicant proposes to construct a 7,200 square foot
educational facility on the site.'
Roadways
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed FLUP categories and are included in the next table.
Maximum Daily Added Potential Trips N/A 907 173 -734
Maximum PM Peak Hour Added Potential Tri S3 N/A 86 16 -70
Volume of NE Coaclunan Road from U.S. Highway 19 12,930 13,016 12,946 -70
South toDrew Street
LOS of Druid Road from U.S. Highway 19 North to B B
Belcher Road B B
N/A = Not A licable LOS = Level-of-Service
I = Based on PPC calculations of trips per acre per day for the Institutional Future Land Use Category.
2 = Based on PPC calculations of trips per acre per day for the Institutional Future Land Use Category.
3 = Based on MPO K-factor of 0.095
Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
Report, the segment ofNE Coachman from u.s. Highway 19 South to Drew Street has a LOS of
B. The proposed FLUP category will generate 70 less PM Peak Hour traffic on this segment of
NE Coachman Road than the current FLUP category. The proposed amendment will not result in
the degradation of the existing LOS to the surrounding road network.
Specific uses in the current and proposed zoning districts have also been analyzed for the level of
vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual.
Staff Report - Conununity Development Board - December 20,2005 -Case LUZ2005-09011
Page 4
Existing Zoning (C-2) /Future Land Use Plan (CG)
Convenience Market (737.99
trips/l,OOO square feet)
2,000
1,476
N/A
107
NA
square feet
Supermarket (102.24
trips/l,OOO square feet)
40,000
4,089
N/A
488
NA
square feet
Proposed Zoning (I) /Future Land Use Plan (I)
Day Care Center (79.26
trips/l,OOO square feet)
7,200
571
-905
100
-7
square feet
Chruch (9.11 trips/l,OOO
square feet)
35,000
318
-1158
23
-84
s uare feet
Currently the subject property is vacant, however the day care center that is proposed to be
constructed on the subject site is currently in operation in portable buildings on the adjacent site.
Therefore, very few new trips will be generated by the development of the property, the proposed
plan amendment and rezoning will not result in the degradation of the existing LOS to the
surrounding road network.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located within 200 feet of an
existing transit route along North Belcher Road.
Water
The current FLUP category (CG) could use up to 4,671 gallons per day. Under the proposed
FLUP category (1), water demand could approach approximately 5,521 gallons per day.
Wastewater
The current FLUP category could produce up to 3,737 gallons per day. Under the proposed
FLUP category, sewer demand could approach approximately 4,416 gallons per day.
Solid Waste
The site under the current Commercial General FLUP category is vacant. The proposed site
improvements under the Institutional (1) FLUP category would result in the production of 8.8
tons of solid waste per year.
Staff Report - Conununity Development Board - December 20,2005 -Case LUZ2005-09011
Page 5
Recreation and Open Space
The proposed land use plan amendment and rezoning will not impact the LOS of recreational
acreage or facilities due to the proposed non-residential land use.
Recommended Conclusions of Law
Based on the fact that the educationalldaycare facility is currently operated on the adjacent Light
of Christ Church site and the new facility will only replace the existing portable buildings, the
proposed FLUP designation generally will generate the same amount of traffic as the portable
units. Furthermore the proposed amendment will generate less traffic than uses allowed in the
existing CG category, therefore the proposed FLUP amendment and rezoning will not degrade
the LOS of the surrounding road network. It will also not negatively affect the City's current
LOS for water, wastewater, solid waste disposal or mass transit.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended of Findings of Fact
Based on current information, no wetlands appear to be located on the subject site and the site is
cleared and used as overflow parking. Prior to development of this property, site plan approval
will be required. At that time, tree preservation requirements will be addressed and the
stormwater management system will be required to meet all City and Southwest Florida Water
Management District (SWFWMD) stormwater management criteria. Water quantity and quality
will be controlled in compliance with the Clearwater Comprehensive Plan.
Recommended Conclusions of Law
The site is cleared and no wetlands appear to be located on the subject site. The natural
environment of the site will be protected through the City's tree preservation and stormwater
management requirements.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
Recommended Findings of Fact
The location of the proposed Institutional (I) District boundaries is consistent with the boundaries
of the subject site. The site is rectangular in shape and currently cleared with no improvements.
The proposed amendment consolidates this site with the applicants adjoining property under the
same Future Land Use and zoning categories. The proposed boundaries are logical and merge
this site into the appropriate zoning district. The proposed Institutional (I) District is compatible
with the existing Office (0) District to the north, the Commercial (C) District to the east and the
Institutional (I) Districts to the south and west.
Recommended Conclusions of Law
The district boundaries are appropriately drawn in regard to location and classifications of streets,
ownership lines, existing improvements and the natural environment.
Staff Report - Community Development Board - December 20,2005 -Case LUZ2005-09011
Page 6
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-303 & 4-602.F.l. and .2.]
Recommended Findings of Fact
The existing C-2 zoning district permits a variety of office uses at a FAR of 0.55 and an
impervious surface ratio (ISR) of 0.90. The subject site has a lot width of 135 feet and a lot
area of 84,942 square feet. It exceeds the minimum lot width requirement of 200 feet and the lot
area requirement of 40,000 square feet of the Institutional (I) zoning district. Allowable uses in
the Institutional (I) district include assisted living facilities, cemeteries, congregate care,
educational facilities, government uses, hospitals, nursing homes and places of worship.
Recommended Conclusions of Law
The proposed use of the subject site is consistent with the uses allowed in the Institutional (I)
zoning district and the site exceeds minimum lot width and area requirements of the District.
Approval of this land use plan amendment and zoning district designation does not
guarantee the right to develop on the subject property. Transportation concurrency must be
met, and the property owner will have to comply with all laws and ordinances in effect at the
time development permits are requested.
SUMMARY AND RECOMMENDATIONS
An amendment of the FLUP from the Commercial General (CG) category to the Institutional (I)
category and a rezoning from the County C-2 District to the Institutional (I) District for the
subject site is requested. This 1.95-acre site exceeds the minimum requirements for the proposed
use of the property as a religious/educational facility. The neighborhood is characterized by
offices to the north, commercial uses to the east and institutional uses to the west and south. The
proposed future land use plan amendment and rezoning is compatible with the existing
neighborhood.
The proposed Institutional (I) Future Land Use Plan classification and Institutional (I) zoning
district is consistent with both the City and the Countywide Comprehensive Plans, is compatible
with the surrounding area, does not require nor affect the provision of public services, is
compatible with the natural environment and is consistent with the development regulations of
the City.
Staff Report - Community Development Board - December 20, 2005 -Case LUZ2005-09011
Page 7
Based on the above analysis, the Planning Department recommends the following actions on the
request:
ACTIONS:
a) Recommend APPROV AL of the Future Land Use Plan amendment from the Commercial
General (CG) Classification to the Institutional (I) Classification; and
b) Recommend APPROVAL of the rezoning to the Institutional (I) District.
Prepared by Planning Department staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:\Planning DepartmentlC D BlLand Use AmendmentsILUZ 2005ILUZ2005-09011 2190 NE Coachman Road. Light of Christ
ChurchILUZ2005-09011_StajJ Report. doc
Staff Report - Community Development Board - December 20, 2005 -Case LUZ2005-09011
Page 8
Owner Diocese of St. Petersburg
2X2 Map
Case:
Land Use
Site: 2190 Northeast Coachman Road S.R. 590
Property Size
(Acres):
From:
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To:
I (City)
Zoning
LUZ2005-090 11
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PIN: 12-29-15-70182-400-1600
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A tlas Page:
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Aerial Map
Owner Diocese of St. Petersburg
Case:
LUZ2005-090 11
Site: 2190 Northeast Coachman Road S.R. 590
Property Size
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Land Use
Zoning
PIN: 12-29-15-70182-400-1600
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Owner Diocese of St. Petersburg
Case:
LUZ2005-090 11
Site: 2190 Northeast Coachman Road S.R. 590
Property Size
(Acres):
1.95
Land Use
Zoning
PIN: 12-29-15-70182-400-1600
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Owner
Diocese of St. Petersburg
Site:
Property Size
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2190 Northeast Coachman Road S.R. 590
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City Council
Agenda Cover M~morandum
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Tracking Number: 1,827
Actual Date: 01/19/2006
Subject / Recommendation:
Approve the Annexation, Future Land Use Plan Amendment from County Residential Suburban
(RS) Category to City Residential Low Medium (RLM) Category and Zoning Atlas Amendment
from County Single-Family Residential District (R-l) and County Agricultural Estate Residential
(A-E) District to City Medium Density Residential (MDR) District for 1551, 1555 and 1559 Union
Street (Metes and Bounds 21/01, 21/03 and 21/02 in Section 2, Township 29 South and Range
15 East); and PASS Ordinance No. 7579-06 to annex this property on first reading and PASS
Ordinance Nos. 7580-06 & 7581-06 to amend the Future Land Use Plan Map and Zoning Atlas
for this property on first reading. (ANX2005-09034 and LUZ2005-09012)
Summary:
The subject site is comprised of three parcels of land totaling 7.01-acres in size. It is located on
the south side of Union Street between Highland Avenue and powderhorn Drive approximately
615 feet east of Highland Avenue. The applicant is requesting this annexation in order to
receive sanitary sewer, water and solid waste service, and intends to develop two parcels of the
site in town homes at a density of ten dwelling units per acre. The required impact fees will be
paid at the time building permits are issued. The property is contiguous to existing City
boundaries on the east, south and west; therefore, the proposed annexation is consistent with
Pinellas County requirements with regard to voluntary annexation.
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
. The proposed annexation will not have an adverse impact on public facilities and
their level of service.
. The proposed annexation is consistent with the City's Comprehensive Plan, the
Countywide Plan and the Community Development Code.
. The proposed annexation is contiguous to the existing City boundaries on three
sides.
Please refer to the attached annexation (ANX2005-09034) report for the complete staff analysis.
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.
The applicant is requesting to amend the Future Land Use Plan Map designation for this
7.01-acres site of three parcels, each occupied by an existing single-family detached dwelling.
Approval of this request would allow the property to be consolidated with a Future Land Use Plan
designation of Residential Low Medium (RLM) and a zoning category of Medium Density
Residential (MDR). (See LUZ2005-09012.)
~I
City Council
Agenda Cover Memorandum
The Planning Department determined that the proposed future land use plan amendment and
rezoning applications are consistent with the following standards specified in the Community
Development Code:
. The proposed land use plan amendment and rezoning application are consistent with
the Comprehensive Plan.
. The proposed use is compatible with the surrounding area.
. Sufficient public facilities are available to serve the property.
. The applications will not have an adverse impact on the natural environment.
Please refer to the attached land use plan and rezoning report (LUZ2005-09012) for the
complete staff analysis.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the
approval of the Pinellas Planning Council and the Board of County Commissioners acting as the
Countywide Planning Authority. Review and approval by the Florida Department of Community
Affairs is not required.
The Community Development Board reviewed these applications at its public hearing on
December 20, 2005 and unanimously recommended approval of both applications.
Originating: Planning
Section Quasi-judicial publiC hearings
Category: Annexations, Land Use Plan and Zoning
Public Hearing: Yes
Advertised Dates: 12/04/2005
01/01/2006
01/15/2006
Financial Information:
Review Approval
Michael Delk
Bill Horne
12-23-2005 08:46:37
01-10-2006 08:29:43
12-23-2005 11:18:58
01-09-2006 10:42: 19
12-27-2005 16:48:32
01-09-2006 15:00:54
Cvndie Goudeau
Steven Brown
Garrv Brumback
Leslie DouQall-Sides
ORDINANCE NO. 7579-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF UNION STREET BETWEEN POWDERHORN
DRIVE AND HIGHLAND AVENUE, CONSISTING OF METES AND
BOUNDS 21/01, 21/03 AND 21/02, TOGETHER WITH THE
ABUTTING SOUTH ONE-HALF OF THE RIGHT-OF-WAY OF
UNION STREET, WHOSE POST OFFICE ADDRESS IS 1551,
1555, AND 1559 UNION 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:
Legal description attached (ANX2005-09034)
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 Attomey
Cynthia E. Goudeau
City Clerk
Ordinance No. 7579-06
ORDINANCE NO. 7580-06
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 ON THE
SOUTH SIDE OF UNION STREET BETWEEN POWDERHORN
DRIVE AND HIGHLAND AVENUE, CONSISTING OF METES AND
BOUNDS 21/01, 21/03 AND 21/02, TOGETHER WITH THE
ABUTTING SOUTH ONE-HALF OF THE RIGHT-OF-WAY OF
UNION STREET, WHOSE POST OFFICE ADDRESS IS 1551,
1555, AND 1559 UNION STREET, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS RESIDENTIAL LOW 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, upon annexation into the City of Clearwater, as follows:
Property
Legal Description attached (LUZ2005-09012)
Land Use Cateaorv
Residential Low 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, contingent upon
and subject to the adoption of Ordinance No. 7579-06.
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. 7580-06
ORDINANCE NO. 7581-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF UNION STREET BETWEEN POWDERHORN DRIVE AND
HIGHLAND AVENUE, CONSISTING OF METES AND BOUNDS
21/01, 21/03 AND 21/02, TOGETHER WITH THE ABUTTING
SOUTH ONE-HALF OF THE RIGHT-OF-WAY OF UNION
STREET, WHOSE POST OFFICE ADDRESS IS 1551, 1555, AND
1559 UNION STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR);
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:
Prooertv
Zonina District
Legal description attached (LUZ2005-09012)
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, contingent upon
and subject to the adoption of Ordinance No. 7579-06.
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. 7581-06
\2..e. ~ P L() - ~
CDB Meeting Date: December 20. 2005
Case Number: ANX2005-09034 (Related to LUZ2005-09012)
Agenda Item: G-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
Paul Danley & George and Bertha Albert
REPRESENTATIVE:
David L. J aye
LOCATION:
1551, 1555 and 1559 Union Street
REQUEST:
(a) Annexation of 7.01-acres of property to the City of
Clearwater (site is included as part of the pending land
use amendment and rezoning request, LUZ2005-
09012);
SITE INFORMATION
PROPERTY SIZE:
305,204 square feet or 7.01 acres
(417.79 feet wide by 730.52 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Single-family detached dwellings
Attached dwellings & single-family dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Suburban (RS) Classification (County)
Residential Low Medium (RLM) Classification (City)
ZONING DISTRICT:
Current District:
Proposed District:
Single-Family Residential (R-l) District (County)
Agricultural Estate Residential (A-E) District (County)
Medium Density Residential (MDR) District (City)
Staff Report - Conununity Development Board - September 1, 2005 - Case ANX2005-006023 Page I
SURROUNDING USES:
North: Single Family Residential (County)
South: Single Family Residential (City)
East: Single Family Residential (City)
West: Multi-Family Residential (City)
ANALYSIS
This annexation involves a 7.01-acre property consisting of three parcels, located on the south
side of Union Street between Highland Avenue and Powderhorn Drive approximately 615 feet
east of Highland Avenue. The property is located at a site that is contiguous to the existing City
boundary on three (3) sides; 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 water service, as well as solid waste service,
from the City. It is proposed that the property be assigned a Future Land Use Plan designation of
Residential Low Medium (RLM) and a zoning category designation of Medium Density
Residential (MDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicants do not currently receive water or sewer service from the City of Clearwater.
Sanitary sewer and water service will be provided by the City of Clearwater upon further
development of the property. The City has adequate capacity to serve this property. The closest
sanitary sewer line is located along Union Street on the north side of the site. The applicant 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 flIT 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 (EMS)
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 - Conununity Development Board - December 20,2005 - Case ANX2005-09034 Page 2
Recommended Conclusions of Law
The City has adequate capacity to serve this property with water, sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse effect on public
facilities and their levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The 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 area that is surrounded on three sides
by existing City boundaries and will be located in the Residential Low Medium (RLM) category.
The proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-301.1. & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned Single Family Residential (R-1) District and Agricultural Estate
Residential (A-E) District in Pinellas County. The applicant proposes to rezone the property to
the Medium Density Residential (MDR) District. Under the current MDR zoning district
provisions, a minimum lot width is 50 feet and a minimum lot area is 5,000 square feet. The
subject site is 417.79 feet wide and contains 305,204 square feet in lot area. The proposed
rezoning is being processed concurrently with the annexation and is more thoroughly analyzed
and discussed in the staff report for LUZ2005-09012.
Recommended Conclusions of Law
The subject property exceeds the City's minimum MDR dimensional requirements and IS
therefore consistent with the Community Development Code.
Staff Report - Community Development Board - December 20, 2005 - Case ANX2005-09034 Page 3
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
A change is requested to the Countywide Comprehensive Plan category of this site from the
Residential Suburban (RS) category to the Residential Low Medium (RLM) category in
LUZ2005-09012 (see agenda item F-l). The proposed land use plan amendment is being
processed concurrently with the annexation and is more thoroughly analyzed and discussed in the
staff report for LUZ2005-09012.
In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to
the approval of the Pinellas Planning Council (PPC) and the Board of County Commissioners
acting as the Countywide Planning Authority.
Recommended Conclusions of Law
The appropriate plan category of the property is to be determined as part ofLUZ2005-09012.
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(6)(1)(a) provides for the voluntary annexation of property
that is located contiguous on the effective date of the ordinance. The subject site is located
contiguous to City boundaries on three sides of the property.
Recommended Conclusions of Law
The property proposed for annexation is located contiguous to the City boundaries on three sides
of the property; 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 - Conununity Development Board - December 20,2005 - Case ANX2005-09034 Page 4
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL ofthe annexation of 7.01-acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low Medium (RLM) Future Land Use Plan
classification; and
(c) Recommend APPROV AL of the Medium Density Residential (MDR) zoning district
pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Sharen J arzen, Planner flIT
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S: \Planning DepartmentlC D BlAnnexationslANX - 20051ANX2005-09034 1559Union Street David Jaye/ANX2005-
09034, Staff Report. doc
Staff Report - Conununity Development Board - December 20,2005 - Case ANX2005-09034 Page 5
Aerial Photograph
Owner Paul Danley & George and Bertha Albert
Case:
AN X2005-09034
Site: 1551, 1555 & 1559 Union Street
Property Size
(Acres):
7.01
0.317
R-O-W Size
Land Use
Zoning
From:
RS
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02-29-15-00000-210-0300
PIN: 02-29-15-00000-210-0200
02-29-15-00000-210-0100
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Owner Paul Danley & George and Bertha Albert Case: AN X2005-09034
Property Size 7.01
Site: 1551, 1555 & 1559 Union Street (Acres):
0.317
R-O-W Size
Land Use Zoning 02-29-15-00000-210-0300
PIN: 02-29-15-00000-210-0200
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CDB Date:
Case Number:
Agenda Item:
December 20. 2005
LUZ2005-09012
G-l
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
OWNER/APPLICANT:
Paul Danley & George and Bertha Albert
REPRESENTATIVE:
David L. J aye
LOCATION:
1551, 1555 and 1559 Union Street
REQUEST:
(a) Future Land Use Plan amendment from the Residential
Suburban (RS) Classification (County) to the
Residential Low Medium (RLM) Classification (City)
(pending ANX2005-09034): and
(b) Rezoning from the Single Family Residential (R-l) and
Agricultural Estate Residential (A-E) Districts (County)
to the Medium Density Residential (MDR) District
(City) (pending ANX2005-09034).
SITE INFORMATION
PROPERTY SIZE:
305,204 square feet or 7.01 acres
(417.79 feet wide by 730.52 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Single-family detached dwellings
Attached dwellings & single-family dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Suburban (RS) Classification (County)
Residential Low Medium (RLM) Classification (City)
ZONING DISTRICT:
Current District:
Proposed District:
Single Family Residential (R-l) District (County) &
Agricultural Estate Residential (A-E) District (County)
Medium Density Residential (MDR) District (City)
Staff Report - Conununity Development Board - December 20, 2005 - Case LUZ2005-09012
Page I
EXISTING
SURROUNDING USES:
North: Single Family Residential (County)
South: Single Family Residential (City)
East: Single Family Residential (City)
West: Multi-Family Residential (City)
ANALYSIS:
This Future Land Use Plan (FLUP) amendment and rezoning application involves approximately
7.01 acres in area located on the south side of Union Street between Highland Avenue and
Powderhorn Drive approximately 615 feet east of Highland Avenue and is included in a
companion application to annex the overall property into the City of Clearwater (Case
#ANX2005-09034). The site is composed of three separate lots, each lot currently occupied by
one single family dwelling. The northern one-third of the entire site is primarily cleared of trees,
with the amount of trees increasing as the property runs south. The site has a FLUP designation
of Residential Suburban (RS) Classification and is within the Single Family Residential (R-l)
District (County) and Agricultural Estate Residential (A-E) District (County). The RS
Classification only allows 2.5 dwelling units per acre; the applicant desires to develop two lots of
the parcel into attached dwellings at the density of 10 dwelling units per acre. The applicant is
requesting to amend the FLUP designation of the site to the Residential Low. Medium (RLM)
Classification (City) and to rezone it to the Medium Density Residential (MDR) District (City) in
which 10 dwelling units per acre are permitted.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l]
Recommended Findings of Fact:
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
2.2 Objective - The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
5.1.1 Policy - No new development or redevelopment will be permitted which causes the level
of City services (traffic circulation, recreation and open space, water, sewage treatment,
Staff Report - Conununity Development Board - December 20,2005 - Case LUZ2005-09012
Page 2
garbage collection, and drainage) to fall below minimum acceptable levels. However,
development orders may be phased or otherwise modified consistent with provisions of
the concurrency management system to allow services to be upgraded concurrently with
the impacts of development.
Recommended Conclusions of Law:
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact:
The purpose of the proposed Residential Low Medium (RLM), as specified in Section 2.3.3 .2.1
of the Countywide Rules, is to designate areas in the County that are now developed, or
appropriate to be developed, in a low to moderately intensive residential manner; and to
recognize such areas as primarily well-suited for residential uses that are consistent with the
urban qualities, transportation facilities and natural resource characteristics of such areas. The
Residential Low Medium (RLM) category is generally appropriate to locations in close proximity
to urban activity canters; in areas where use and development characteristics are low medium
residential in nature; and in areas serving as a transition between low density and high density
residential areas. These areas are generally served by and accessed from minor and collector
roadways that connect to the arterial and thoroughfare highway network. This property serves as
an excellent transition between low and high density residential areas south of Union Street, as
there are single family homes to the south and east and multi-family units to the west. Both
Union Street and Highland Avenue that are in close proximity are collector roadways with
Highland Avenue connecting to Drew Street that is an arterial. Therefore, the proposed use of
the property is consistent with the purposes of the Residential Low Medium (RLM) category that
permits attached dwelling units at a medium density.
Recommended Conclusions of Law:
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3]
Recommended Findings of Fact:
A variety of residential uses characterize the immediate area on all sides including single family
residential to the east and south and multi-family residential to the west. The proposed future
land use land use plan classification and rezoning will serve as an excellent buffer between these
two types of development.
The proposed FLUP designation and rezoning are in character with the overall FLUP designation
in the area and are compatible with surrounding uses. The proposed Residential Low Medium
Staff Report - Conununity Development Board - December 20,2005 - Case LUZ2005-09012
Page 3
(RLM) classification IS consistent with the proposed Medium Density Residential (MDR)
District rezoning.
Recommended Conclusions of Law:
The proposed plan and zoning atlas amendments are compatible with surrounding properties and
the character of the City and neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES
Recommended Findings of Fact:
As stated earlier, the overall subject site is approximately 7.01 acres in area aId is composed of
three lots. Each lot is presently occupied by a single family dwelling unit. The applicant is
requesting to amend the FLUP designation of the site to the Residential Low Medium (RLM)
classification (City) and to rezone it to the Medium Density Residential (MDR) District (City).
The Residential Low Medium (RLM) category pemlits a density not to exceec ten (10) dwelling
units per acre, which is the requested development density of the applicant.
Roadways
The accepted methodology for reviewing the transportation impacts (If proposed plan
amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed FLUP categories and are included in the next table that examines the maximum
potential traffic of the future land use plan amendment from the Residential Suburban (RS)
Classification (County) to the Residential Low Medium (RLM) classification (City).
M POTENTIAL TRAFFIC
Current Existing
Situation Plan1
Maximum Dail Added Potential Tri 8 N/ A 196 442
Maximum PM Peak Hour Added Potential Tri 83 N/ A 19 42
Volume of Union Street from Keene Road to Patricia 6,451 6,647 6,893
Avenue
LOS of Union Street from Keene Road to Patricia D D D D
Avenue
N/A = Not A licable LOS = Level of Service
1 = Based on PPC calculations oftri s er acre er da for the Residential Suburban Future Land Use Cate or .
2 = Based on PPC calculations oftri s er acre er da for the Residential Low Medium Future Land Use Cate or .
3 = Based on MPO K-factor of 0.095
Source: "The Count .ide Plan Rules", as amended thrau h Au list 8, 2005 bv the Pinellas Plannin Ccuncil.
Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
(LOS) Report, the segment of Union Street from Keene Road to Patricia Avelllle has a LOS ofD.
Although the proposed FLUP category of Residential Low Medium (RLM) could generate an
increase in PM peak hour traffic on this segment of North Belcher Road by a t'Jtal of23 trips, the
Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-090l2
Page 4
traffic generated by this plan amendment is projected to be less than a four (4) percent increase
and will not result in the degradation ofthe existing LOS to the surrounding road network.
Traffic from the subject site will be distributed to Union Street. The site is currently accessed
from the north via that roadway. The anticipated increase in PM peak trips will not degrade the
LOS for Union Street.
Specific uses in the current and proposed zoning districts have also been analy~ed for the level of
vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual.
Daily
Trips
Net Increase
of Average
Daily Trips
Existin
Single Family Detached
Housin
N/A
N/A
/ Future Land Use Plan
Apartments
Residential Condominium/
Townhouses
471
303
47
29
293
125
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9
The City of Clearwater Engineering Department has concluded that the transportation impacts
associated with this land use plan amendment will not result in the degradation of the existing
LOS to the surrounding road network, as the traffic generation associated with the proposed
amendment will not exceed four (4) percent of the existing PM peak hour trips and will not
change the LOS in that section of Union Street if the site were used for apmtment dwellings or
residential townhouses.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located near an existing
transit route and headways are less than or equal to one hour. Pinella~ Suncoast Transit
Authority (PSTA) bus service is available along Highland Avenue.
Water
The current FLOP category could use up to 4,381 gallons per day. Under the proposed FLOP
categories, water demand could approach approximately 17,525 gallons per day. The proposed
land use will not negatively affect the City's current LOS for water.
Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-090n
Page 5
Wastewater
The current FLUP category could produce up to 3,505 gallons per day. Under the proposed
FLUP categories, sewer demand could approach approximately 14,020 gallons per day. The
proposed land use amendment will not negatively affect the City's current LOS for wastewater.
Solid Waste
The current Industrial Limited FLUP category would result in the production of 44 tons of solid
waste per year. Under the proposed FLUP category, the proposed restaurant could generate 178
tons of solid waste per year. The proposed land use and plan amendment will not negatively
affect the City's current LOS for solid waste disposal.
Recreation and Open Space
The proposed future land use plan and zoning designations will permit the development of up to
70 dwelling units. Payment of an Open Space, Recreation Land and Recreation Facility impact
fee will be required if the property is developed with residential uses as projected. The amount
and timing of this fee is dependent on the number of developed units and will be addressed and
paid during the site plan review process.
Recommended Conclusions of Law:
It has been determined that the traffic generated by this plan amendment will not result in the
degradation of the existing LOS to the surrounding road network.
It has also been determined that the amendment and rezoning will not negatively affect the City's
current level of service for mass transit, water, wastewater, solid waste and recreation and open
space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect
the provision of public services in a negative manner.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended Findings of Fact:
When development occurs on the subject property, site plan approval will be required. At that
time, the stormwater management system will be required to meet all City and Southwest Florida
Water Management District (SWFWMD) stormwater management criteria.
Recommended Conclusions of Law:
Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive
Plan. As there are no wetlands on the subject site that could be impacted by future development,
the natural environment will not be affected adversely.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
Recommended Findings of Fact:
The location of the proposed Medium Density Residential (MDR) District boundaries are logical
based on the surrounding uses of this property. This rezoning will provide a transition from the
low density residential to the east and south to the high density residential to the west.
Staff Report . Conununity Development Board - December 20,2005 - Case LUZ2005-09012
Page 6
Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of streets
and ownership lines.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-301.1 & 4-602.F.l. and .2.]
Recommended Findings of Fact:
The existing future land use plan category permits the development of no more than 2.5 dwelling
units per acre, while the existing zoning district permits the development of single family
dwellings. The proposed Residential Low Medium Residential (RLM) land use category and
Medium Density Residential (MDR) district permits development of attached dwellings in a
capacity not to exceed 10 dwelling units per acre.
Recommended Conclusions of Law:
The proposed use of this property'as attached dwellings is consistent with the uses allowed as
part of both a Level One Flexible Standard Development and the Level Two Flexible
Development in the Medium Density Residential (MDR) zoning district. The subject property is
therefore consistent with the Community Development Code.
Approval of this land use plan amendment and zoning district designation does not
guarantee the right to develop on the subject property. Transportation concurrency must be
met, and the property owner will have to comply with all laws and ordinances in effect at the
time development permits are requested.
SUMMARY AND RECOMMENDATIONS
An amendment of the FLUP from the Residential Suburban (RS) category to the Residential Low
Medium (RLM) category and a rezoning from the Single Family Residential (R-1) District and
the Agricultural Estate Residential (A-E) District to the Medium Density Residential (MDR)
District for the subject site is requested. This 7.01 acre site is compatible with the proposed use
of the property to be developed as townhouses as attached dwelling units, and the proposed
future land use plan amendment and rezoning is compatible with the existing neighborhood.
This consists of multi-family residential dwellings to the west, and single family dwellings to the
south and east. The proposed changes are in conformance with the Clearwater Comprehensive
Plan.
The Planning Department recommends the following actions on the request based on the
recommended findings of fact and recommended conclusions of law:
Staff Report - Conununity Development Board - December 20,2005 - Case LUZ2005-09012
Page 7
a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential
Suburban (RS) Classification to the Residential Low Medium (RLM) Classification (pending
PUNJC2005-09034);and
b) Recommend APPROVAL of the rezoning from the Single Family Residential (R-1) District
and the Agricultural Estate Residential (A-E) District to the Medium Density Residential
(MDR) District (pending PUNJC2005-09034).
Prepared by Planning Department staff:
Sharen Jarzen, Planner flIT
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\P/anning DepartmentlC D BlLand Use AmendmentsILUZ 2005ILUZ2005-090/2 1559 Union Street, David JayeILUZ2005-09012 Staff
Report.doc
Staff Report - Conununity Development Board - December 20,2005 - Case LUZ2005-09012
Page 8
Aerial Photograph
Owner Paul Danley & George and Bertha Albert
Case:
LUZ2005-090 12
Site: 1551, 1555 & 1559 Union Street
Property Size
(Acres):
7.01
0.317
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Land Use
Zoning
From:
RS
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02-29-15-00000-210-0300
PIN: 02-29-15-00000-210-0200
02-29-15-00000-210-0100
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MDR
A tlas Page: 252A
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Location Map
Owner Paul Danley & George and Bertha Albert Case: LUZ2005-090 12
Property Size 7.01
Site: 1551, 1555 & 1559 Union Street (Acres):
0.317
R-O-W Size
Land Use Zoning 02-29-15-00000-210-0300
PIN: 02-29-15-00000-210-0200
From: RS R-1 & A-E 02-29-15-00000-210-0100
To: RLM MDR A tlas Page: 252A
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City Council
Agenda Cover Memorandum
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Tracking Number: 1,829
Actual Date: 01/19/2006
Subject / Recommendation:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Commercial General (CG) Category to the City Commercial General (CG) Category and Zoning
Atlas Amendment from the County C-2, General Retail Commercial and Limited Services District
to the City Commercial (C) District for 2380 Northeast Coachman Road (located on the north
side of Northeast Coachman Road and on the west side of Old Coachman Road, at the Northeast
Coachman Road and Old Coachman Road intersection, consisting of metes and bounds 24/01
and 24/02, a portion of Section 7, Township 29 South, Range 16 East ); and Pass Ordinance
7565-06, 7566-06 & 7567-06 on first reading. (ATA2005-10001)
Summary:
The subject property is located on the northwest corner of the intersection of Northeast
Coachman Road and Old Coachman Road. The property is located in an enclave and is
contiguous to existing City boundaries to the north and south. On December 1, 1999, George V.
Tagaras, the property owner, signed an Agreement to Annex (ATA), which is considered an
application to annex. The subject site is approximately 1.283 acres in area and is occupied by
an existing fruit stand. The fruit stand comprises a new permanent building and a dirt parking
area. A concrete pad was constructed to support a handicap parking space. It is proposed that
the property be assigned a Future Land Use Plan designation of Commercial General (CG) and a
zoning category of Commercial (C).
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
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 (ATA2005-10001) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly
scheduled meeting on December 20, 2005 and unanimously recommended approval.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
ti
Public Hearing: Yes
City Council
Agenda Cover Memorandum
01/10/2006
01/15/2006
Advertised Dates: 12/04/2005
Financial Information:
Review Approval
Michael Delk
Cvndie Goudeau
Steven Brown
Garrv Brumback
Leslie Dougall-Sides
Bill Horne
12-23-2005 08:45:44
01-09-2006 08:35:16
12-23-2005 11:31:51
01-06-2006 09:33:59
12-27-2005 15:34:30
01-07-2006 14:51 :50
ORDINANCE NO. 7565-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF NORTHEAST COACHMAN ROAD AND ON
THE WEST SIDE OF OLD COACHMAN ROAD, AT THE
NORTHEAST COACHMAN ROAD AND OLD COACHMAN ROAD
INTERSECTION, CONSISTING OF METES AND BOUNDS 24/01
AND 24/02, A PORTION OF SECTION 7, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2380
NORTHEAST COACHMAN ROAD, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See attached legal description.
(ATA2005-10001)
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. 7565-06
ORDINANCE NO. 7566-06
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 ON THE
NORTH SIDE OF NORTHEAST COACHMAN ROAD AND ON
THE WEST SIDE OF OLD COACHMAN ROAD, AT THE
NORTHEAST COACHMAN ROAD AND OLD COACHMAN ROAD
INTERSECTION, CONSISTING OF METES AND BOUNDS 24/01
AND 24/02, A PORTION OF SECTION 7, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2380
NORTHEAST COACHMAN ROAD UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS COMMERCIAL GENERAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Prooertv
See attached legal description.
(AT A2005-1 0001
Land Use Cateaorv
Commercial General
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7565-06.
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. 7566-06
ORDINANCE NO. 7567-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF NORTHEAST COACHMAN ROAD AND ON THE WEST SIDE
OF OLD COACHMAN ROAD, AT THE NORTHEAST COACHMAN
ROAD AND OLD COACHMAN ROAD INTERSECTION,
CONSISTING OF METES AND BOUNDS 24/01 AND 24/02, A
PORTION OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16
EAST, WHOSE POST OFFICE ADDRESS IS 2380 NORTHEAST
COACHMAN ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS COMMERCIAL (C); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
See attached legal description.
(AT A2005-10001
Zonina District
Commercial (C)
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. 7565-06.
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. 7567-06
~: PL\J-~
CDB Meeting Date:
Case Number:
Owner:
Applicant:
Location:
Agenda Item:
December 20. 2005
ATA2005-10001
George V. Tagaras
City of Clearwater
2380 Northeast Coachman Road
F3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 1.283 acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Commercial
General (CG) Category (County) to the Commercial
General (CG) Category (City of Clearwater); and
(c) Rezoning from C-2, General Retail Commercial and
Limited Services District (County) to the Commercial
(C) District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE:
55,887.48 square feet or 1.283 acres
(325 feet wide by 300 feet deep, approximately, triangular
shape)
PROPERTY USE:
Current Use:
Proposed Use:
Retail (Fruit stand)
Retail (Fruit stand)
PLAN CATEGORY:
Current Category:
Proposed Category:
Commercial General (CG) (County)
Commercial General (CG) (City)
ZONING DISTRICT:
Current District:
Proposed District:
C-2, General Retail Commercial and Limited Services
District (County)
Commercial (C) District (City)
Staff Report - Conununity Development Board - December 20, 2005 - Case AT A2005-1 00 I Page 1
SURROUNDING USES:
North: Recreational park
South: Recreational park
East: Single-family residential
West: Railroad and City Right of Way and
Single- family residential
ANALYSIS
The subject property is located on the northwest corner of the intersection of Northeast
Coachman Road and Old Coachman Road. The property is located in an enclave and is
contiguous to existing City boundaries to the north and south. On December 1, 1999, George V.
Tagaras, the property owner, signed an Agreement to Annex (AT A), which is considered an
application to annex. The subject site is approximately 1.283 acres in area and is occupied by an
existing fruit stand. The fruit stand comprises a new permanent building and a dirt parking area.
A concrete pad was constructed to support a handicap parking space. It is proposed that the
property be assigned a Future Land Use Plan designation of Commercial General (CG) and a
zoning category of Commercial (C).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from Pinellas County. Sanitary sewer service is provided by
the City of Clearwater and the City has adequate capacity to serve this property. The closest
sanitary sewer line is located to the southwest and the site is already connected to it. The
applicant has already paid the City's sewer impact fee.
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 - Conununity Development Board - December 20,2005 - Case ATA2005-10001 Page 2
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with solid waste, police, fire and EMS
service. The City is already providing sanitary sewer service to this site. 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 Commercial General (CG). The Planning Department is proposing to
designate the property as Commercial General (CG). It is the purpose of this category to depict
those areas of the County that are now developed, or appropriate to be developed, in a manner
designed to provide community and countywide commercial goods and services; and to
recognize such areas as primarily consistent with the need, relationship to adjoining uses and
with the objective of encouraging a consolidated, concentrated commercial center providing for
the full spectrum of commercial uses. Non-residential uses including office, retail and transient
accommodations are the primary uses in this plan category up to a maximum floor area ratio of
0.55 or a density of 40 overnight accommodation units per acre. The proposed use is consistent
with the uses and density of this plan category. Further, the annexation promotes infill
development as stated in Objective 2.4 ofthe Clearwater Future Land Use 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 CG 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 C-2, General Retail Commercial and Limited Services District and is
occupied by a retail land use (fruit stand) in Pinellas County. The applicant proposes to rezone
the property to the Commercial (C) District. Under the current C zoning district provisions, a
minimum lot width of 100 feet and a minimum lot area of 10,000 square feet are required. The
subject site is greater than 300 feet wide (at the widest point) and 55,887.48 square feet in lot
area. A former open structure fruit stand with temporary coverings occupied the site until
recently. The existing fruit stand is a permanent building, accessed by a dirt parking lot. The
new one-story permanent 1,575 square foot building was constructed in early 2005 and has
Staff Report - Community Development Board- December 20,2005 - Case ATA2005-10001 Page 3
replaced the open structure fruit stand. The new building will be supported by an eight-space
parking lot. Seven of the spaces have dimensions of nine feet by 19 feet. One of the spaces is a
concrete handicap space. The remaining parking spaces and a 24-foot maneuvering area will
consist of a shell base. The layout of the site will be nonconforming once it is within the City of
Clearwater due to inadequate front and side setbacks. The front setback requirement is 25 feet
and the edge of the parking lot has an eight-foot front setback. The new building has a three-foot
side setback, but the requirement is 10 feet. There is close to a zero foot side setback from the
northeast corner of the parking lot to the property line. The site plan shows a dumpster with an
enclosure to be located at the rear of the new building, but there does not appear to be adequate
solid waste vehicular access to the dumpster. The site plan for the site received conditional
approval from Pinellas County Development Review Services. The property owner, George
Tagaras, provided a letter dated November 28, 2005, stating that improvements shown on site
plans approved by the County and FDOT will be completed within 60 days.
Recommended Conclusions of Law
The subject property is occupied by a retail use and exceeds the City's minimum C District
dimensional requirements for minimum lot width and lot area. However, the layout of the site is
nonconforming due to inadequate front and side setbacks.
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 Commercial General (CG).
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the use of the property is consistent with the current designation.
V. CONSISTENCY WITH PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both
contiguous to the existing municipal boundaries and compact. This site is contiguous with the
existing City boundaries and represents a logical and appropriate extension of the existing
boundaries. The compactness standard requires that the annexation not create an enclave or a
serpentine pattern of municipal boundaries.t
Staff Report - Conununity Development Board - December 20,2005 - Case ATA2005-10001 Page 4
Recommended Conclusions of Law
The annexation of this property is consistent withPinellas County Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
At present, the property is located within Pinellas County jurisdiction. The implementation of the
County approved site plan is to correct a County code violation of the previous temporary fruit
stand use.
SUMMARY AND RECOMMENDATIONS
The proposed annexation can be served by City of Clearwater services, including solid waste,
police, fire and emergency medical services without any adverse effect on the service level. The
proposed annexation is consistent with both the City's Comprehensive Plan and is consistent
with Pinellas County Ordinance No. 00-63.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 1.283 acres to the City of Clearwater;
(b) Recommend APPROVAL of the Commercial General (CG) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Commercial (C) zoning classification pursuant to the
City's Community Development Code.
Prepared by Planning Department Staff:
Michael H. Reynolds, AICP
Planner flIT
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslATA-ANX 2005IATA2005-JO001; 2380 Northeast Coachman Road;
Tagaras1ATA2005-JOOOl Staff Report. doc
Staff Report - Conununity Development Board - December 20, 2005 - Case AT A2005-1 000 I Page 5
View looking southeast from site
View looking north
View looking east
View looking northeast
View looking northwest
View looking southeast
Owners:
Site:
From:
To:
George V. Tagaras
2" X 2" Map
Case:
2380 Northeast Coachman Road
Property
Size(Acres):
Land Use
CG
CG
Zoning
PIN:
C-2
C
A tlas Page:
AT A2005- 1 0001
1 .283 acres
07/29/16/00000/240/0100
07/29/16/00000/240/0200
s: \Planning DepartmentlC D Blforms and shellslJv[ ap request forms2003\ANx, LUZ, REZ map request form. doc
272A
Aerial Map
Owners:
George V. Tagaras
Case:
AT A2005- 1 0001
Site:
2380 Northeast Coachman Road
Property
Size(Acres):
1 .283 acres
Land Use
Zoning
PIN:
07/29/16/00000/240/0100
07/29/16/00000/240/0200
From:
CG
C-2
To:
CG
C
A tlas Page:
272A
s: \Planning DepartmentlC D Blforms and shellslJv[ ap request forms2003\ANx, LUZ, REZ map request form. doc
City of Clearwater
recreational park,! i
LJu
Existing and Surrounding Land Uses Map
Owners: George V. Tagaras Case: AT A2005- 1 0001
Site: 2380 Northeast Coachman Road Property 1 .283 acres
Size(Acres):
Land Use Zoning
PIN: 07/29/16/00000/240/0100
07/29/16/00000/240/0200
From: CG C-2
To: CG C A tlas Page: 272A
s: \Planning DepartmentlC D Blforms and shellslJv[ ap request forms2003\ANx, LUZ, REZ map request form. doc
RlOS
lJl i 1)1)
U ~
RlOS
Future Land Use Map
Owners:
George V. Tagaras
Case:
AT A2005- 1 0001
Site:
2380 Northeast Coachman Road
Property
Size(Acres):
1 .283 acres
Land Use
Zoning
PIN:
07/29/16/00000/240/0100
07/29/16/00000/240/0200
From:
CG
C-2
To:
CG
C
A tlas Page:
272A
s: \Planning DepartmentlC D Blforms and shellslJv[ ap request forms2003\ANx, LUZ, REZ map request form. doc
z
~
o
~
~
~
CJ
RO
8T
II
m
Location Map
Owners:
George V. Tagaras
Case:
AT A2005- 1 0001
Site:
2380 Northeast Coachman Road
Property
Size(Acres):
1 .283 acres
Land Use
Zoning
PIN:
07/29/16/00000/240/0100
07/29/16/00000/240/0200
From:
CG
C-2
To:
CG
C
A tlas Page:
272A
s: \Planning DepartmentlC D Blforms and shellslJv[ ap request forms2003\ANx, LUZ, REZ map request form. doc
lJ' ,
II I
U
Proposed Annexation Map
Owners:
George V. Tagaras
Case:
AT A2005- 1 0001
Site:
2380 Northeast Coachman Road
Property
Size(Acres):
1 .283 acres
Land Use
Zoning
PIN:
07/29/16/00000/240/0100
07/29/16/00000/240/0200
From:
CG
C-2
To:
CG
C
A tlas Page:
272A
s: \Planning DepartmentlC D Blforms and shellslJv[ ap request forms2003\ANx, LUZ, REZ map request form. doc
OS/R
lJ' ,
II I
U
1)1)
~
OS/R
Zoning Map
Owners:
George V. Tagaras
Case:
AT A2005- 1 0001
Site:
2380 Northeast Coachman Road
Property
Size(Acres):
1 .283 acres
Land Use
Zoning
PIN:
07/29/16/00000/240/0100
07/29/16/00000/240/0200
From:
CG
C-2
To:
CG
C
A tlas Page:
272A
s: \Planning DepartmentlC D Blforms and shellslJv[ ap request forms2003\ANx, LUZ, REZ map request form. doc
C{ /-{
~'h!
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City Council
Trackina Number: 1,879
Actual Date: 01/19/2006
Subject / Recommendation:
Continue passage of Ordinance 7546-06 on first reading, making amendments to Beach By
Design: A Preliminary Design for Clearwater Beach and Design Guidelines to March 2, 2006.
Originatina: Planning
Section: Quasi-judicial public hearings
Cateaory: Other
Public Hearing: No
Financial Information:
~ Other
Review Aporoval
Cvndie Goudeau
01-18-2006
13:28:49
~: __ ~~:~d~:~~:i~emorand~.m
Tracking Number: 1,880
Actual Date: 01/19/2006
Subiect / Recommendation:
Continue passage of Ordinances 7547-06 and 7548-06 on first reading, amending the Future Land
Use Plan element of the Comprehensive Plan of the City and rezone property generally located on
Clearwater Beach between Mandalay Avenue and the Gulf of Mexico between Kendall and the
north side of Somerset Street east of Mandalay Avenue in the Old Florida District as designated by
Beach by Design, to March 2, 2006.
Oriainatina: Planning
Section: Quasi-judicial public hearings
Categorv: Other
Public Hearina: No
Financial Information:
~ Other
Review Aoproval
Cvndie Goudeau
01-18-2006
13:26:53
q ,Cj "\
[~)
ORDINANCE NO. 7547-06
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 GENERALLY LOCATED ON
CLEARWATER BEACH BETWEEN MANDALAY AVENUE
AND THE GULF OF MEXICO BETWEEN KENDALL AND
THE NORTH SIDE OF SOMERSET STREET EAST OF
MANDALAY AVENUE IN THE OLD FLORIDA DISTRICT AS
DESIGNATED BY BEACH BY DESIGN, THE SPECIAL
AREA PLAN GOVERNING CLEARWATER BEACH FROM
RESIDENTIAL HIGH TO RESORT FACILITIES HIGH;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property as follows:
Property
See attached Exhibit A legal
description
(LUZ2005-10013)
Future Land Use Plan CateQorv
From: Residential High
To: Resort Facilities High
Future Land Use Plan Map
See attached Exhibit B
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to
the approval of the land use designation by the Pinellas County Board of County
Commissioners, and subject to a determination by the State of Florida, as appropriate, of
compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to ~163.3189, Florida Statutes.
The Community Development Coordinator is authorized to transmit to the Pinellas County
Planning Council an application to amend the Countywide Plan in order to achieve
Ordinance No. 7547-06
consistency with the Future Land Use Plan Element of the City's comprehensive plan as
amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
2
Ordinance No. 7547-06
EXHIBIT A
Begin at NW comer of Lot 2, Block 1, of Clearwater Beach Subdivision, as recorded in
plat book 11, page 5, of the public records of Pinellas County Florida; thence South
along the East line of Beach Drive, to the SW comer of the North % of Lot 2, Block 6;
thence East along the South line of the North % of said Lot 2 and its Easterly extension,
to the NE comer of Lot 13, said Block 6; thence South to the centerline of Avalon Street;
thence West along the centerline of Avalon Street to the Northerly extension of the West
line of Lot 5, Block 7; thence South to the SW comer of said Lot 5; thence East to the
SE comer of Lot 7, said Block 7; thence North to the intersection of the Northerly
extension of the West line of Lot 8, Block 2 of said Clearwater Beach Subdivision and
the centerline of Somerset Street; thence East along said centerline to the centerline of
Mandalay Avenue; thence South along said centerline to the centerline of Somerset
Street; thence East along said centerline to the Southerly extension of the East line of
Block 76 Mandalay Subdivision Unit 5 Replat, Plat Book 20 Page 48 of said public
records; thence North to the NE comer of said Block 76; thence East to the Point of
Beginning.
3
Ordinance No. 7547-06
ORDINANCE NO. 7548-06
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN REAL PROPERTY GENERALLY
LOCATED ON CLEARWATER BEACH BETWEEN
MANDALAY AVENUE AND THE GULF OF MEXICO
BETWEEN KENDALL STREET AND THE NORTH SIDE OF
SOMERSET STREET EAST OF MANDALAY AVENUE IN
THE OLD FLORIDA DISTRICT AS DESIGNATED BY
BEACH BY DESIGN, THE SPECIAL AREA PLAN
GOVERNING CLEARWATER BEACH FROM MEDIUM
HIGH DENSITY RESIDENTIAL TO TOURIST; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby
rezoned, and the zoning atlas of the City is amended as follows:
Property
See attached Exhibit A legal
description
(LUZ2005-10013)
Zonino District
From: Medium High Density Residential
To: Tourist
ZoninQ Map
See attached Exhibit B
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 7547-06 by the Pinellas
County Board of County Commissioners, and subject to a determination by the State of
Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant
to ~163.3189, Florida Statutes.
PASSED ON FIRST READING
Ordinance No. 7548-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7548-06
EXHIBIT A
Begin at NW comer of Lot 2, Block 1, of Clearwater Beach Subdivision, as recorded in
plat book 11, page 5, of the public records of Pinellas County Florida; thence South
along the East line of Beach Drive, to the SW comer of the North % of Lot 2, Block 6;
thence East along the South line of the North % of said Lot 2 and its Easterly extension,
to the NE comer of Lot 13, said Block 6; thence South to the centerline of Avalon
Street; thence West along the centerline of Avalon Street to the Northerly extension of
the West line of Lot 5, Block 7; thence South to the SW comer of said Lot 5; thence
East to the SE comer of Lot 7, said Block 7; thence North to the intersection of the
Northerly extension of the West line of Lot 8, Block 2 of said Clearwater Beach
Subdivision and the centerline of Somerset Street; thence East along said centerline to
the centerline of Mandalay Avenue; thence South along said centerline to the centerline
of Somerset Street; thence East along said centerline to the Southerly extension of the
East line of Block 76 Mandalay Subdivision Unit 5 Replat, Plat Book 20 Page 48 of said
public records; thence North to the NE comer of said Block 76; thence East to the Point
of Beginning.
3
Ordinance No. 7548-06
EXHIBIT B
Add Map of the Proposed Zoning Amendment Area
of the Old Florida District
4
Ordinance No. 7548-06
CDB Date:
Case Number:
Owner/Applicant:
Representative:
Address:
Agenda Item:
December 20. 2005
LUZ2005-10013
City of Clearwater
Planning Department
Old Florida District
D-3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
The Planning Department undertook a study of the Old Florida District on Clearwater Beach to
clarify the vision of the District and to eliminate any discrepancies between Beach by Design, the
special area plan governing Clearwater Beach and the underlying land use and zoning. As a
result of the ideas generated by four public meetings, as well as policy direction provided by City
Council on August 29, 2005, the Planning Department has developed amendments to Beach by
Design.
Currently the Plan specifies that the "preferred form of development" include townhomes and
single-family dwellings mid-rise in height. The proposed amendments specify that all forms of
new development be in the form of attached dwellings and overnight accommodations
throughout the District, as well as commercial uses along Mandalay Avenue. Additionally, the
amendments provide for a maximum building height of 65 feet in areas located 60 feet south of
Somerset Street.
At present, the Old Florida District has future land use plan (FLUP) designations of Resort
Facilities High and High Density Residential and zoning categories of Tourist and Medium High
Density Residential. In order to implement the proposed revisions to Beach by Design, it is
necessary to amend the residentially designated area of the District (see Future Land Use Plan
Map).
REQUEST:
(a) Future Land Use Plan amendment from the Residential
High (RH) Classification to the Resort Facilities High
(RFH) Classification; and
(b) Rezoning from the Medium High Density Residential
(MHDR) District to the Tourist (T) District.
SITE INFORMATION
PROPERTY SIZE:
7.94 acres
Staff Report - Conununity Development Board - December 20,2005 - Case LUZ2005-09012
Page 1
PROPERTY USE:
Current Use:
Proposed Use:
Single Family Residential, Multi-Family Residential &
Overnight Accommodations
Multi-Family Residential & Overnight Accommodations
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential High (RH) Classification
Resort Facilities High (RFH) Classification
ZONING DISTRICT:
Current District:
Proposed District:
Medium High Density Residential (MHDR) District
Tourist (T) District
EXISTING
SURROUNDING USES:
North: Single Family Residential
South: Residential, Retail & Overnight Accommodations
East: Residential, Retail & Overnight Accommodations
West: Gulf of Mexico
ANALYSIS:
This Future Land Use Plan (FLUP) amendment and rezoning application involves 43 parcels of
land, approximately 7.94 acres in area generally located on Clearwater Beach between Mandalay
Avenue and the Gulf of Mexico between Kendall Street and the north side of Somerset Street. A
mix of single-family residential, multi-family residential and overnight accommodation uses
currently occupies the area. The site has a FLUP designation of Residential High (RH) and is
zoned as a Medium High Density Residential (MHDR) District. These designations allow
residential uses up to 30 units per acre and up to 50 feet in height. In order to allow the
additional use of overnight accommodations and development up to 65 feet in height, as
proposed in the amendments to Beach by Design, the Planning Department is requesting to
amend the FLUP designation of the site to the Resort Facilities High (RFH) classification and to
rezone it to the Tourist District.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l]
Recommended Findings of Fact:
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13
Page 2
2.1.2 Policy - Renewal of the beach tourist district shall be encouraged through the
establishment of distinct districts within Clearwater Beach, the establishment of a limited
density pool of additional hotel rooms to be used in specified geographic areas of
Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of-
way when appropriate, transportation improvements, inter-beach and intra-beach transit,
transfer of development rights and the use of design guidelines, pursuant to Beach by
Design: A Preliminary Design for Clearwater Beach and Design Guidelines.
2.2 Objective - The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
5.1.1 Policy - No new development or redevelopment will be permitted which causes the level
of City services (traffic circulation, recreation and open space, water, sewage treatment,
garbage collection, and drainage) to fall below minimum acceptable levels. However,
development orders may be phased or otherwise modified consistent with provisions of
the concurrency management system to allow services to be upgraded concurrently with
the impacts of development.
Recommended Conclusions of Law:
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact:
The purpose of the proposed Resort Facilities High (RFH) category, as specified in Section
2.3.3.4.6 of the Countywide Rules, is to designate areas in the County that are now developed, or
appropriate to be developed, in high density residential and resort, tourist facility use; and to
recognize such areas as well-suited for the combination of residential and transient
accommodation use consistent with their location, surrounding uses, transportation facilities and
natural resource characteristics of such areas. The Resort Facilities High (RFH) category is
generally appropriate to locations where unique recreational assets warrant the combination of
permanent and temporary accommodations in close proximity to and served by the arterial and
major thoroughfare network, as well as by mass transit. New development at this density will be
discouraged in coastal high hazard areas and evacuation level "A" areas.
Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13
Page 3
This area of Old Florida is located along the Gulf of Mexico and is accessed by Mandalay
Avenue, which is the major north-south arterial on North Clearwater Beach. The area is also
served by mass transit by the Pinellas Suncoast Transit Authority. Additionally, this area is
currently developed with a variety of residential and overnight accommodation uses and is
adjacent to RFH designated land to the immediate east and south. Based on historical
development patterns and current uses, this area has functioned as a tourist area.
The current underlying future land use plan designation of Residential High allows residential
development at 30 units per acre, which is consistent with the density allowed by the RFH
category. The RFH would also allow overnight accommodation uses at a density of 40 units per
acre. It should be noted however, that the emerging pattern of redevelopment has been residential
in character throughout the entire Old Florida District.
The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies
that specifically address Countywide Future Land Use Plan amendments in the Coastal High
Hazard Area (CHHA). The policy specifies that such amendments should generally be denied.
However, approval may be granted upon a balancing of the following criteria, as determined
applicable and significant to the amendment.
A. Distinction between direct storm damage and damage to evacuation routes. The subject
site is susceptible to storm damage due to the site's location on both the Intracoastal
Waterway and the Gulf of Mexico in an AE flood zone, with the very western edge being
located in a VE flood zone. The evacuation route is in close proximity to the Memorial
Causeway Bridge via Mandalay Avenue. This evacuation route is adequate to serve the
existing and proposed land use category.
B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage
of emergency shelters countywide. However, as there is no change in the allowable
residential density between the current zoning and future land use and the proposed
zoning and future land use,. there should be no increase in the residential density.
Emergency shelter planning provides for a percentage of residents that will utilize family,
friend or hotel accommodations during evacuation situations and not emergency shelter
space. As there is no increase in the allowable density, it will not have a negative impact
on shelter space or evacuation routes.
C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since
the use of the site for the proposed residential purposes will not require the expenditure of
public funds for the construction of new, unplanned infrastructure.
D. Utilization of Existing Disturbed Areas. This criterion is not applicable since the site is
currently developed and not a natural area.
Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13
Page 4
E. Maintenance of Scenic Oualities and Improvement of Public Access to Water. The
subject site currently provides public access to the Gulf of Mexico at the end of the east-
west streets that terminate at the Gulf. This will not change if the proposed amendment is
adopted.
F. Water Dependent Use. The site is currently occupied by residential areas, and not a water
dependent use.
G. Integral Part of Comprehensive Planning Process. The requested amendment has been
initiated by the City of Clearwater as an integral part of its comprehensive planning
process consistent with the City of Clearwater Comprehensive Plan.
H. Part of Community Redevelopment Plan. The requested amendment is designated in a
Community Redevelopment Plan as defined by Florida Statutes and is designated by
Pinellas County as a Community Redevelopment District as a neighborhood that requires
a special plan.
I. Overall Reduction of Density or Intensity. The maximum permitted residential density of
the subject site is currently 30 units per acre, which would permit a maximum of 238
dwelling units. The proposed amendment would also allow a maximum permitted
residential density of 30 units per acre; thus there is no increase in allowable residential
density.
J. Clustering of Uses. The entire site is located within the Coastal High Hazard Area,
therefore the clustering uses of a portion of the site outside the CHHA is not possible.
While the requested amendment to the Future Land Use Plan category could place a net total of
nine (9) additional residential dwelling units in the CHHA and subject the site to possible direct
storm damage, the existing capacity for the maximum potential of traffic generated by the
amendment would not affect the evacuation route of the area. (See N. Sufficiency of Public
Facilities section.)
Recommended Conclusions of Law:
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3]
Recommended Findings of Fact:
A variety of uses characterize the area to the east and south of the site. They include a mix of
retail, residential and overnight accommodations. The area to the north is occupied by single
family residences, while the area to the west is the Gulf of Mexico.
Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13
Page 5
The proposed Future Land Use Plan (FLUP) designation and rezoning are in character with the
overall FLUP designation in the area and are compatible with the surrounding uses. The
proposed Resort Facilities High (RFH) classification is consistent with the proposed use of the
area for multi-family dwelling units and overnight accommodations. Through a concurrent
amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design
Guidelines (BBD), no retail or commercial will be allowed in the area proposed to be rezoned.
The change in the zoning from Medium High Density Residential (MHDR) to Tourist (T) is
more compatible with the proposed height of certain portions of the district being permitted to 65
feet.
Recommended Conclusions of Law:
The proposed plan and zoning atlas amendments are compatible with surrounding properties and
the character of the City and neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES
Recommended Findings of Fact:
As stated earlier, the overall subject site is approximately 7.94 acres in area and is presently
occupied by single family and multi-family residential, as well as overnight accommodations.
The applicant is requesting to amend the FLUP designation of the site to the Resort Facilities
High (RFH) and to rezone it to the Tourist (T) District. The current FLUP Residential High
(RH) category permits a primary use of only residential. However, the Resort Facilities High
(RFH) category permits the development of both residential and transient accommodations, as
well as tourist facilities and offices.
Roadwavs
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPC's) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed FLUP categories and are included in the next table that examines the maximum
potential traffic of the future land use plan amendment from the Residential High (RH) to the
Resort Facilities High (RFH) classification.
Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
Report, the segment of Mandalay Avenue in the Level of Service (LOS) Report that is most
affected by traffic in the Old Florida District is the one that runs from Royal Way south to Pier 60
that has a LOS of C.
Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13
Page 6
Maximum Daily Added Potential Tri s N/A 1,453 2,461
Maximum PM Peak Hour Added Potential Tri S3 N/A 138 234
Volume of Manda1ay Avenue from E1 Dorado Circle
to Pier 60 13,939 15,392 [6,400 1,008
LOS of Manda1ay Avenue from Royal Way to Pier;
60 : C C C C
N/ A = Not A licable LOS = Level of Service
1 = Based on PPC calculations oftri s er acre er da for the Residential Suburban Future Land Use Cate or .
2 = Based on PPC calculations oftri s er acre er da for the Residential Low Medium Future Land Use Cate or .
3 = Based on MPO K-factor of 0.095
Source: "The Count wide Plan Rules", as amended thrau h August S, 2005 b the Pinellas Plannin COLllcil.
The proposed FLUP category of Resort Facilities High (RFH) could generate an increase in PM
peak hour traffic on this segment of Manda1ay Avenue by a total of 96 trips. Based on the
volume/capacity ratio that takes into account the signalization and number of lanes, it will not
result in the degradation of the existing LOS to the surrounding road network according to the
City of Clearwater Engineering Department. Additionally, the concurrent Beach by Design
amendment will preclude commercial or office uses from developing in this area. Traffic [rom
the subject site will be distributed to Mandalay Avenue. The site is currently accessed from the
north and south along the beach corridor via that roadway.
Specific uses that are permitted in the current and proposed zoning districts have also been
analyzed for the level of vehicle trips that could be generated based OL the Institute of
Transportation Engineer's Trip Generation report. Please note that detached dwellings will not
be permitted in the proposed zoning and future land use plan, but overnight accommodations will
be. Below is this comparison in the change of land use that will be pernlittecl. A hotel use, as
opposed to a motel use, is a viable comparison, because according to the Trip Generation report,
a hotel is defined as supporting facilities such as restaurants. As commercial or office uses will
not be allowed in this area, a motel is used for a comparison.
Pro
Square Footage
Daily
Trips
Net
Increase
of PM
Peak Tri s
Uses
Existin
Single Family Detached
Housin
N/A
Motel - Occu ied Rooms
2,893
-24
Motel - All Rooms
1,788
-492
11'8
-65
Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013
Page 7
The City of Clearwater Engineering Department has concluded that the transportation impacts
associated with this land use plan amendment will not result in the degradation of the existing
LOS to the surrounding road network. The LOS in that section of Mandalay Avenue will not
change if the site is used for overnight accommodations. The net increase of PM peak trips will
actually decrease if the sites are used for motel rooms, either occupied or unoccupied, as opposed
to using the sites for single family detached dwellings. Also the net increase of average daily
trips will decrease if the total number of motel rooms is used for a comparison. All overnight
accommodations will be classified at a motel level, as hotels imply accessory service or retail
uses, and those uses will not be permitted in the area when it is rezoned.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located along an existing
transit route named the Suncoast Beach Trolley with service along Mandalay Avenue from
approximately 6:30 AM to 9:20 PM and virtually all headways are less than or equal to one hour.
Service is provided by the Pinellas Suncoast Transit Authority (PST A) and the Trolley connects
at various points to five different bus routes along the beach area, as well as has access to the
Park Street Terminal in downtown Clearwater.
Water
The current FLUP category could use up to 59,550 gallons per day. Under the proposed FLUP
categories, water demand could approach approximately 79,400 gallons per day. The proposed
land use will not negatively affect the City's current LOS for water.
Wastewater
The current FLUP category could produce up to 47,640 gallons per day. Under the proposed
FLUP categories, sewer demand could approach approximately 63,520 gallons per day. The
proposed land use amendment will not negatively affect the City's current LOS for wastewater.
Solid Waste
The current Residential High FLUP category would result in the production of 604 tons of solid
waste per year. Under the proposed FLUP category, the proposed restaurant could generate 805
tons of solid waste per year. The proposed land use and plan amendment will not negatively
affect the City's current LOS for solid waste disposal.
Recreation and Open Space
The proposed future land use plan and zoning designations will permit the development of up to
318 dwelling units. However, payment of an Open Space, Recreation Land and Recreation
Facility impact fee will not be required at this time; impact fees will be required as the sites are
redeveloped with new uses that result in an increase in units. The amount and timing of this fee is
dependent on the number of developed units and will be addressed and paid during the site plan
reVIew process.
Staff Report - Community Development Board - December 20, 2005 - Case LUZ2005-1 00 13
Page 8
Recommended Conclusions of Law:
It has been determined that the traffic generated by this plan amendment will not result in the
degradation of the existing LOS to the surrounding road network.
It has also been determined that the amendment and rezoning will not negatively affect the City's
current level of service for mass transit, water, wastewater, solid waste, or recreation and open
space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect
the provision of public services in a negative manner.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.J
Recommended Findings of Fact:
As properties are redeveloped, site plan approval will be required. At that time, the stormwater
management system will be required to meet all City and Southwest Florida Water Management
District (SWFWMD) stormwater management criteria.
Recommended Conclusions of Law:
Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive
Plan. The entire area is located in either Flood Zone of AE or VE, but is entirely developed.
Consequently, as the area is redeveloped, the natural environment will not be affected adversely.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.J
Recommended Findings of Fact:
The location of the proposed Tourist (T) District boundaries are logical based on the historical
use of this property and the remainder of the Old Florida District that is zoned as T that is not
zoned for institutional or recreational uses. This rezoning will consolidate this site into the
appropriate zoning district. It will blend into the existing zoning and uses of the Old Florida
District.
Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of streets
and ownership lines.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.J
Recommended Findings of Fact:
The existing future land use plan category and zoning district permits 30 dwelling units per acre.
The proposed Resort Facilities High (RFO) land use category and Tourist (T) district also permits
30 dwelling units per acre, but also allows 40 units per acre for overnight accommodations.
Staff Report - Community Development Board - December 20,2005 - Case LUZ2005-10013
Page 9
Recommended Conclusions of Law:
The proposed use of this property as multi-family residential and overnight accommodations is
consistent with the uses allowed within the development standards for the Tourist (T) zoning
district.
Approval of this land use plan amendment and zoning district designation does not
guarantee the right to develop on the subject property. Transportation concurrency must
be met, and the property owner will have to comply with all laws and ordinances in effect
at the time development permits are requested.
SUMMARY AND RECOMMENDATIONS
An amendment of the FLUP from the Residential High (RR) category to the Resort Facilities
High (RFH) category and a rezoning from the Medium High Density Residential (MHDR) to the
Tourist (T) District for the subject site is requested. This 7.94 acre site is compatible with the
proposed use ofthe property for multi-family attached dwellings and overnight accommodations,
and the proposed future land use plan amendment and rezoning is compatible with the existing
neighborhood. The remainder of the Old Florida District consists of multi-family residential
dwellings, overnight accommodations, retail and public uses.
The Planning Department recommends the following actions on the request based on the
recommended findings of fact and recommended conclusions of law:
a) Recommend APPROVAL of the Future Land Use Plan amendment from the Residential
High (RR) Classification to the Resort Facilities High (RFH) Classification; and
b) Recommend APPROVAL of the rezoning from the Medium High Density Residential
(MHDR) District to the Tourist (T) District.
Prepared by Planning Department staff:
Sharen J arzen, Planner III
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:\Planning DepartmentlC D BlLDnd Use AmendmentsILUZ 2005ILUZ2005-JO013 Old Florida District, City of ClearwaterlLUZ2005-JO013
Staff Report.doc
Staff Report - Connnunity Development Board - December 20,2005 - Case LUZ2005-10013
Page 10
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City Council
Agend.!-~over Memorandum
c.A-d
\() , \
Tracking Number: 1,817
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7569-06 on second reading, amending the Pooled Cash Investment Policy.
Oriainatina: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Aporoval
Pam Akin
12-16-2005 11:01:32
Cvndie Goudeau
01-09-2006 14:46:28
~~ c.A- d
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
I nvestment 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
b. 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, 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" .
B. 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
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:
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 Council
Agenda Cover Memorandum
Trackina Number: 1,798
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7549-06 on second reading, annexing certain real property 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.
Originating: City Attorney
Section: Second Readings - public hearing
Categorv: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Aooroval
Pam Akin
12-15-2005
13:51:52
Cvndie Goudeau
01-06-2006
13:19:17
cA-3
\6. d
k: GA-~
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
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City Council
Agenda Cover Memorandum
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Tracking Number: 1,800
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7550-06 on second reading, amending the Future Land Use Plan element of the
Comprehensive Plan of the City to designate the land use for certain real property whose post
office address is 1304 Springdale Street, upon annexation into the City of Clearwater, as
Residential Low.
Originatina:. City Attorney
Section: Second Readings - public hearing
Cateaory: Second Reading
Public Hearina: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
12-15-2005
13:53:07
Cvndie Goudeau
01-06-2006
13:20:25
k: eA-Y
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 Attomey
Ordinance No. 7550-06
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Owners:
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Site:
1304 Springdale Street
Land Use
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Atlas Page:
269B
~..
City Council
Agenda Cover Memorandum
~-~
\(),y
Tracking Number: 1,803
Actual Date: 01/19/2006
Subiect / Recommendation:
Adopt Ordinance 7551-06, amending the zoning atlas of the City by zoning certain real property
whose post office address is 1304 Springdale Street, as Low Medium Density Residential (LMDR).
Originating: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Aooroval
Pam Akin
12-15-2005
17:16:43
Cvndie Goudeau
01-06-2006
13:33:34
k; c.A-S
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:
Prooertv
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
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Site:
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From:
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City Council
Agend~ Cover Memorandum
CJP\-lP
\().5
Tracking Number: 1,799
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7552-06 on second reading, annexing certain real property whose post office
address is 1321 Lynn Avenue, into the corporate limits of the city and redefining the boundry lines
of the city to include said addition.
Originating: City Attorney
Section: Second Readings - public hearing
Cateaorv: Second Reading
Public Hearina: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Aoproval
Pam Akin
12-15-2005
13:52:31
Cvndie Goudeau
01-06-2006
13:14:12
~: ffi-(J
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:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7552-06
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City Council
Agenda Cover Memorandum
Tracking Number: 1,805
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7553-06 on second reading, amending the Future Land Use Plan element of the
comprehensive plan of the City to designate the land use for certain real property whose post
office address is 1321 Lynn Avenue, as Residential Low.
Originating: City Attorney
Section: Second Readings - public hearing
Categorv: Second Reading
Public Hearina: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
12-15-2005
17: 18:31
Cvndie Goudeau
01-06-2006
13: 15: 14
(A.. 1
\().l.P
(2..Q; c.A - '7
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
(ANX2005-08027)
Land Use Cateoorv
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
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270B
S:\Planning Departmentle D Blforms and shellslMap requestforms2003lANX, LUZ, REZ map request form. doc
Ib
City Council
Agenda Cover Memorandum
Trackina Number: 1,807
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7554-06 on second reading, amending the zoning atlas of the City by zoning
certain real property whosE post office address is 1321 Lynn Avenue, as Low Medium Density
Residential (LMDR)
Originating: City Attorney
Section: Second Readings - public hearing
Categorv: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Fln8nciallnformation:
Review Approval
Pam Akin
12-15-2005
17: 19: 16
Cvndie Goudeau
01-06-2006
13: 16:09
CJ-\- ~
\o.~
~:<:.A-%
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:
Procertv
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
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City Council
Agenda C9ver Memorandum
C-A-q
\().1$
Tracking Number: 1,802
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7561-06 on second reading, annexing certain real property whose address is
1842 Carlton Drive, into the corporate limits of the City and redefining the boundary lines of the
City to include said addition.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
12-16-2005 10:57:53
Cvndie Goudeau
01-06-2006 13:35:48
~: c.A-q
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
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7561-06
rr-: 23924
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Proposed Annexation Map
()wners:
James & Karen Davis
Case:
ANX2005-08030
Site:
1842 Carlton Drive
Property
Size (Acres) :
.17
Land Use
Zoning
PIN:
05- 29- 1 6-13536-001-0050
From:
RL
(County)
R-3
(County)
To:
RL
(City)
LMDR
(City)
Atlas Page:
264A
S:\Planning DepartmentlC D Blforms and shellslMap requestforms2003lANX, LUZ, REZ map requestform.doc
b
City Council
Agenda Cover Memorandum
(A-\O
\0.9
Tracking Number: 1,811
Actual, Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7562-06 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post
office address is 1842 Carlton Drive, upon annexation in the City of Clearwater as Residential
Low.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
12-16-2005 11 :00:23
Cvndie Goudeau
01-09-2006 14:47: 18
R~: c:.A-\U
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:
Prooertv
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
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attomey
Cynthia E. Goudeau
City Clerk.
Ordinance No. 7562-06
239
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Future Land Use Map
Owners: James & Karen Davis Case: ANX2005-08030
Site: 1842 Carlton Drive Property .17
Size(Acres):
Land Use Zoning
PIN: 05-~~9- 1 6-13536-001-0050
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
S:\Planning DepartmentlC D Elformsand sh ells \Map requestforms2003\ANX, LUZ, REZ map requestform.doc
CA-\ \
~
City Council
AgendaCo'!.!!r Memorandum
\ () . \0
Tracking Number: 1,813
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7563-06 on second reading, amending the zoning atlas of the city by zoning
certain real property whose post office address is 1842 Carlton Drive, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearina: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
12-16-2005 11 :00:57
Cvndie Goudeau
01-06-2006 13:40: 18
~: QA-\\
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 Pine lias 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:
Prooertv
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
(ANX2005-0B030)
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. 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
23924
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Site:
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236
Zoning Map
James & Karen Davis
Case:
ANX2005-08030
1842 Carlton Drive
Property
Size(Acres):
.17
Land Use
Zoning
PIN:
05- 29- 1 6- 13536-00 1-0050
RL
(County)
R-3
( County)
RL
(City)
264A
(City)
Atlas Page:
LMDR
s: IPlanning Department\C D B\forms and shellsiJvfap request lorllls2003 'ANX, LUZ, REZ map request fonn.doc
~.
City Council
A~enda Cover Memorandum~
~-\d
\(j,\\
Trackin9 Number: 1,809
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7555-06 on second reading, annexing certain real property 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.
Originating: City Attorney
Section: Second Readings - public hearing
Cateaory: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Aoproval
Pam Akin
12-15-2005
17:20:08
Cvndie Goudeau
01-06-2006
13:41:58
~: Q.A-\~
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 Attomey
Cynthia E. Goudeau
City Clerk
Ordinance No. 7555-06
239
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23917
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Proposed Annexation Map
Owners:
William & Michelle Holzhauer
Case:
ANX2005-08028
Site:
1830 Carlton Drive
Property
Size(Acres):
.17
Land Use
Zoning
PIN: 05-:~9-16-13536-001-0070
From:
RL (County)
R-3
(County)
To:
RL
(City)
LMDR
(City)
Atlas Page:
264A
S:\Planning DeparimentlC D Blfonns and shellsVvfap requestforms2003\ANX, LUZ, REZ map requestfonn.doc
~
City Council
Agenda Cover Memor~ndum
Tracking Number: 1,810
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7556-06 on second reading, amending the Future Land Use plan element of the
comprehensive plan of the City, to designate the land use for certain real property, whose post
office address is 1830 Carlton Terrace, into the City of Clearwater, as Residential Low.
Originating: City Attorney
Section: Second Readings - public hearing
Cateaorv: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
12-15-2005
17:20:50
Cvndie Goudeau
01-06-2006
13:43:09
(.,A- \ ~
\O.\'d-
'k.: ~-\~
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:
Prooertv
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 CateClorv
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
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7556-06
I I
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William & Michelle Holzhauer
1830 Carlton Drive
Land Use
RL (County)
RL (City)
Zoning
R-3 (County)
LMDR (City)
Case:
Property
Size(Acres):
~--~
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1800
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PIN: 05<~9-16-13536-001-0070
Atlas Page:
264A
~b
City Council
Agenda Cover Memorandum
Tracking Number: 1,812
Actual Date: 01/19/2006
Subiect / Recommendation:
Adopt Ordinance 7557-06 on second reading, amending the zoning atlas of the City by zoning
certain real peoperty, whose post office address is 1830 Carlton Drive, into the City of Clearwater,
as Low Medium Density Residential (LMDR).
Originatina: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
12-15-2005
17:21:33
Cvndie Goudeau
01-06-2006
13:43:57
(A-\Y
\0. \ ~
\UL : cf-\ -\ '-\
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 Pine lias 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)
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 O'rdinance 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
I I
l__~~J
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-
Owners:
Site:
From:
To:
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City Council
~a cove~~emorandum
Trackina Number: 1,814
Actual Date: 01/19/2006
Subiect / Recommendation:
Adopt Ordinance 7558-06 on second reading, annexing certain real property 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.
Originating: City Attorney
Section: Second Readings - public hearing
Categorv: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
Cvndie Goudeau
12-15-2005
17:22:09
Ck\-\~
\().\L.\
01-06-2006
13:44:57
M.: <::.A-t--S
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
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Owners:
Daniel & Mary Linder
Case:
ANX2005-08029
Site:
1836 Carlton Drive
Property
Size(Acres):
.17
Land Use
Zoning
PIN: 05-~:9-16-13536-001-0060
From:
RL
(County)
R-3
(County)
To:
RL
(City)
LMDR
(City)
Atlas Page:
264A
S:\Planning Department\C D Blforms and shells'IMap requestforms2003\ANX, LUZ, REZ map requestform.doc
b
City Council
Agenda Cover Memorandum
Tracking Number: 1,815
Actual Date: 01/19/2006
SUQject / Recommendation:
Adopt Ordinance 7559-06 on second reading, amending the Future Land Use plan element of the
comprehensive plan of the City, to designate the land use for certain real property whose post
office address is 1836 Carlton Drive, as Residential Low
Originating: City Attorney
Section: Second Readings - public hearing
Cateaory: Second Reading
Public Hearina: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Aooroval
Pam Akin
12-15-2005
17:22:41
Cvndie Goudeau
01-06-2006
13:45:53
C,A- \ Co
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k: c.A-\Lo
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:
Property
Lot 6, Block A, Carlton Terrace, as recorded in Plat
Book 41, Page 16, Public Records of Pinellas County,
Florida (ANX2005-o8029)
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. 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
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Daniel & Mary Linder Case: ANX2005-08029
1836 Carlton Drive Property .17
Size[Acres):
Land Use Zoning
PIN: 05-~'9-1 6-13536-001-0060
RL [County) R-3 [County)
RL [City) LMDR [City) Atlas Page: 264A
S:IPlanning DepartmentlC D Biforms and shells \Map request forms2003lANX, LUZ, REZ map requestform.doc
~b
City Council
_~enda Cover Memorandu,m
Tracking Number: 1,816
Actual Date: 01/19/2006
Subiect / Recommendation:
Adopt Ordinance 7560-06 on second reading, amending the zoning atlas of the City by zoning
certain real property whose post office address is 1836 Carlton Drive, into the City of Clearwater
as Low Medium Density Residential (LMDR).
Originating: City Attorney
Section: Second Readings - public hearing
Category: Second Reading
Public Hearina: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
12-15-2005
17:23: 12
Cvndie Goudeau
01-06-2006
13:46:53
c..A- \ 7
\O.\lo
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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:
Prooertv
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
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Daniel & Mary Linder Case:
1836 Carlton Drive Property
Size(Acres):
Land Use Zoning
PIN:
RL (County) R-3 (County)
Owners:
Site:
From:
To:
(City)
RL
LMDR
(City)
S:IPlallning DepartmentlC D Blforms and shellslMap requestforms2003\ANX, LUZ, REZ map requestform.doc
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.17
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Atlas Page:
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City Council
Aqenda Cover Memorandum
Tracking Number: 1,804
Actual Date: 01/19/2006
Subject I Recommendation:
Adopt Ordinance 7572-06 on second reading, vacating the storm sewer easement described as a
15-foot easement beginning at a point approximately 686' south of the centerline of Harn
Boulevard and 500' west of the Centerline of U.S. Highway 19 North.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearina: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
12-16-2005 10:58:32
Cvndie Goudeau
01-09-2006 10:15:54
(j-\- \ ~
\D.\t'f
~: e..A - \<1'
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
19031' 03" W, 95 feet; run thence N 70028' 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
b
City Council
Agend~over Memorandum__
CA-\C\
\0.\8'
Tracking Number: 1,808
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7574-06 on second reading, vacating a portion of the 60' right-of-way of
Second Ave. South and a portion of the 60' right-of-way of Third Ave, South, subject to a
drainage and utility easement which is retained over the full width thereof.
Originating: City Attorney
Section Second Readings - publiC hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
12-16-2005 10:59:47
Cvndie Goudeau
01-09-2006 10: 12:49
~: c..A-\q
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 comer 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. 000 02' 23" W, 204.91 feet to the
Northwest comer 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
00000' 04" E, 29.29 feet; thence N 00044' 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 010 48' 19" W, 30.01 feet; thence S 030 32'
47" E, 29.80 feet to the Northeast comer of Block 36 of said Unit No.1, Section A,
Chautauqua on the Lake; thence N 890 40' 51" W, along the North boundary of said
Block 36, 165.64 feet; thence leaving said North boundary, N 160 20' 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
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O~:
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City Council
Agenda Cover Memorandum
Tracking Number: 1,806
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Ordinance 7573-06 on second reading, relating to water and wastewater collection and
amending Code of Ordinances, Sections 32.095,32.132, 32.138, 32.140, 32.181-185, 32.187
and 32.198, and, Appendix A, XXIV, amending water services deposits and Appendix A, XXV,
amending water, reclaimed water impact fees and wastewater connection fee criteria and
charges.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Pam Akin
12-16-2005
10:59:10
Cvndie Goudeau
01-09-2006
10: 14:25
GA.. dO
\(). \ q
().& : c.A-;,)0
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 uparades are needed to meet reouired capacity.
there shall be an assessment to the entity redevelopinQ 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 17 555 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, ~ 52.30; Ord. No. 5064, ~ 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 (4-9992004 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.
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Ordinance No. 7573-06
(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:
. (Eij Boat docks, boat launch sites and repair facilities for five or more
boats;
. Canneries:
. ~ Chemical manufacturing or handling facilities;
. Chilled water systems:
. Cold storaoe plants:
. Dairies:
. HLDoctor, dental, and veterinarian offices;
. Wl.Exterminators;
. fA} Facilities with boilers or chilled water systems;
. Fertilizer manufacturino plants:
. HLFilm processing laboratories (See note A);
. fa 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;
. ~ Laboratories (industrial, commercial, medical and school);
. ~Laundries and dry cleaners;
. W 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:
· (e) Radiator shops;
. Radioactive materials or substances. plants or facilities handlino.
restricted. classified or other closed facilities:
. Rubber plants:
. Sand and o ravel plants:
. Stormwater pumpino facilities:
. fftl. Travel trailer and mobile home parks;
. (E>> Wastewater treatment facilities and lift stations;
. {f) Water treatment facilities;
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Ordinance No. 7573-06
. Waterfront facilities and industries:
· ~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 check valve assemblies shal,l be
required:
. Apartments:
. (a} Beauty parlors and barbershops;
· f9} Buildings over five stories or with booster pump (See note A);
. Hotels:
· (G) Irrigation systems, 1 1/2-inch or larger;
. Motels:
. ~ Restaurants and food handlers (See note A);
· (e) Swimming pools (nonresidential);
· (f) 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 w3tor division public utilities department and the plumbing official.
(Code 1980, ~ 52.36; Ord. No. 5064, ~ 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 blockaoes and
overflow events within privately owned and operated wastewater collection systems.
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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 blockaoes 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 reouestino 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 reouestino
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-twentv 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 vJ3ste. 'Naste haYing a high degree of
concentration of permissible '.vasta material per b1nit yolumo of 'Nastewater
discharged by the clJstomer. More specifically, Abnormal strength woste
Sh311 be waste containing 0 BOD greater than 300 mg!I, suspended solids
greater thon 300 mg!l, or a COD gr~ater thon 400 mg!1.
(1) Adeauate Treatment Capacity. The capability of the Wastewater
Facility (WWF). after receivino flow from a sewer service connection. to
adeauately treat the wastewater distributed in compliance with the rules
and reoulations defined in the Code of Federal Reaulations. Title 40. Part
123.45. Appendix A.
(2) Best Manaoement Practices (BMPs). Schedule of activities. prohibitions
of practices. maintenance procedures. and other manaaement practices.
which include treatment reauirements. operatina procedures. practices to
control plant site run-off. spillaae 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.
@1 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,:.. Meons 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 buildina. residence.
or facilitv under pressure from the discharoe side of a pump to a point of oravity
flow.
(6) Infiltration. The water enterina the wastewater collection svstem and/or
service connections from the around. 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:
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Ordinance No. 7573-06
. Roof leaders. yard and area drains. crushed laterals. foundation drains.
coolina water discharoe. drains from sprinos or swampy areas. manhole
covers. cross connections from storm svstems. 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 sewaoe or partially treated
wastewater from anv publicly or privately owned collection and
transmission svstem 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. phvsical. biolooical. or radioloaical
intearitv of air or water in auantities or levels which are. or mav be.
potentially harmful or iniurious to human health or welfare. animal or olant
life. or property. includina outdoor recreation.
(11) Service Lateral Connection. The pipe(s) which transport wastewater from a
buildina. residence. or facilitv 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 emplovee 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)' Anv or all of the followina: A collection/transmission svstem. a
wastewater treatment plant. or a reuse and disposal svstem that is owned
and operated bv any municipality. or Pinellas County. and is permitted bv
the State of Florida to convev. treat. or dispose of sanitary sewaoe.
(Ord. No. 5065, ~ 1, 1-3-91)
Cross Reference- Definitions and rules of construction generally, ~ 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. Conneetions--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:
L. 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 edae 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
pioeline. three feet toward the residence or business.
b. Privately Owned service lateral maintenance responsibilities:
L. That portion of the service lateral from the end of the city
service lateral maintenance resoonsibilities 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 sorvicos division development & neiahborhood 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, ~ 53.20; Ord. No. 5065, ~ 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
Sec 32.185 Same--Notice, term for compliance.
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Cross References: . ch. 37: buildinas and buildino reoulations. 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.l. aRG charges, and fees.
@l The fees prescribed must be paid at the time a plumbino permit is issued by
the development & neiohborhood 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 existino or add an additional connection to
his property. place of business or residence with the wastewater collection svstem of
the citv 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 Citv as sewer impact fees shall be kept in a separate
account. and such funds may only be used as appropriated bv the Citv Council in
payment for capital improvements pertainina to wastewater force mains. trunk lines.
pumoino stations and the treatment and disposal of wastewater or for debt service
reauirements in connection with such capital improvement as specified in this
section.
(3) Tapping of all wastewater collection mains and service connections connoction fFam
the mains to tho curblino of privato property within street rioht of ways or utility
easements shall be done and installed by the public sorvice di':ision public utilities
department.
@l Title to all connections and services from the sewer main to tho curb line
three. (3). feet beyond the back of curb line or edae of oavement. is vested in the city,
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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 citv. and the
connections and services shall at all times so remain and shall not be trespassed
upon or interfered with in any respect. This propertv shall be maintained by the
Public Utilities Department. and may be removed or chanoed bv it at any time.
(4) The publio sorvioo division public utilities department shall furnish and install
necessary pipe, fittings and equipment to provide the requested tap. servioo in
aocordanco with the provisions of the plumbing oodo.
(5) Redevelopment. When redevelopment of property impacts the capacitv of the
existino wastewater collection system to the point that uparades are needed to meet
reauired capacitv. there shall be an assessment to the entity redevelopino the property.
for the costs necessary to uparade the wastewater collection system to accommodate
the redevelopment.
(5) The feos proscribed must bo paid at the time a plumbing pormit is issuod by tho
building services di).'ision.
(6) All funds roooivod by tho oity as sowor tap fees shall be kept in a soparato account
and such funds may only be used as appr-opriatod by tho city oommission in payment
for capital improvements pertaining to wasto):Jator forco mains, trunk lines, pumping
stations and tho troatmont and disposal of wast&N3ter or for debt servioo roquiromonts
in connection with such capital impro'.'emeAt as speoifiod in this soction.
(Code 1980, ~~ 53.02, 53.04; Ord. No. 5065, ~ 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 throuah or
interference. These aeneral prohibitions apply to all users of the POTW whether
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Ordinance No. 7573-06
or not thev are subiect to cateoorical pretreatment standards or anv other
national, state, or local pretreatment standards or reauirements.
(1.) The followino acts and the causina thereof are strictly prohibited:
(i) The intentional or accidental release or discharae of sewaoe,
other wastewater or residuals without providino proper treatment to
the surface of the around or to a surface water body.
(ij) The introduction of, or causina to be introduced, directly or
indirectly, stormwater, in any amount. into any
collection/transmission system desianed solely for the conveyance
of domestic/industrial wastewater.
(iji) A combined inflow and/or infiltration at any time in a Privatelv-
Owned Collection and Transmission System that exceeds 100
aallons oer inch of pipe diameter per dav per mile of pipe and
laterals, oursuant 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 moter service shall be secured by a
minimum deposit of $20.00 or W.'O times tho minimum monthly charge or
two timos tho 3'J9Fage monthly bill for domostic '-vator service, 'I.'hichovor
is greatest. Each meter service shall be secured bv a minimum deposit of
two times the minimum monthly charae or two times the averaoe monthly
bill for water service, whichever is areater.
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Ordinance No. 7573-06
2. Lawn water service. Each lawn meter service shall be scoured by a
minimum deposit of $20.00 or t\vo times the minimum monthly charge or
two times the avor-age monthly bill for la'Nn '::ater servioe, whicho\'er is
greatest. Each lawn meter service shall be secured by a minimum deposit
of two times the minimum monthly charoe or two times the averaQe
monthly bill for lawn water service. whichever is oreater.
3. Reclaimed water service. Each reclaimed '/later service account shall
be secured by a minimum doposit of $20.00 or two times the minimum
monthly charge or PNO timos tho avorago monthly bill for reclaimed water
service, whichever is greatest. Each reclaimed water service shall be
secured bv a minimum deposit of two times the minimum monthlv charoe
or two times the averaoe monthly bill for reclaimed water service,
whichever is oreater.
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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 (5 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 reauired. installed at the point of connection), to be furnished and installed by
the city: No charae.
2. Nonstandard connection assemblv: Actual cost of materials.
eauipment. labor and overhead.
3. When backflow prevention device on potable water supply is
reauired: 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. eauipment.
labor and overhead reauired to provide a sanitary sewer connection to
the reauestino property.
2. The connection fee shall be estimated bv the public utilities
department for each wastewater connection reauest.
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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.
,{g} Tho charoes in tho precodinQ table will be doubled for servicos betweon 4 :30
p.m. and 8:00 a.m. on workdavs and all dav durino holidavs and 'Neekonds.
15. Fire hydrant flow test. . . . 50.00
16. Water main offset installation - Time and materials
(b) Eveninas. weekends and holidavs: Overtime surcharoe for all work includino
installation. service and repair. maintenance. and call-out turn-ons (as
reauested bv the customer for eveninas. weekends. and holidavs) . . . 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
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
14
Ordinance No. 7573-06
~L
City Council
Agenda Cover Memorandum_.
Tracking Number: 1,843
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt 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, the Legal Description.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 12/20/2005
12/27/2005
01/07/2005
Financial Information:
Review Approval
Pam Akin
01-05-2006 09:31:37
Cvndie Goudeau
01-05-2006 11:44:26
GAJd\
\D'dO
~:cA-()\
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
LTom Cloud - CC CbD Legal 09-28-2005.doc
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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, SS9019'4S"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 SS9019'4S"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 41S 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 NS9019'4S"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
1361S, Page 304 of the Public Records of Pinellas County, Florida; thence SS9019'4S"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.S2 feet to the
Northeast corner of said property; thence NS9019'4S"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 SS9026'50"E, a distance of
SS5.00 feet; thence S01026'21"W, a distance of 572.00 feet; thence NS9019'4S"W, a distance of
263.00 feet; thence S01026'21"W, a distance of 246.00 feet; thence NS9019'4SnW, 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 SS9019'4S"E, along said South line and North line, a
distance of 11.39 feet to Northeast corner of property conveyed in Official Records Book 10769,
Page 1415 of the Public Records of Pinellas County, Florida; thence SOo021'22"E, for 43.51 feet
to the Northwest corner of property conveyed in Official Records Book 13S05, Page 313 of the
Public Records of Pinellas 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 9.0S feet and a chord bearing SS3002'00"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
SS2027'5S"E, for S.37 feet to the point of tangency; thence SS9019'4SnE, for 111.S4 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'OS", an arc length of 115.01 feet and a chord bearing N3101S'OS"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 N61056'04nE, 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 11S.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.S0 feet and a chord bearing N49021'15"E, for 2.S0 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 N47056'19"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 13S.0S feet to the point of tangency; thence NSo055'27nE,
for 97.25 feet; thence N56001 '5SnE, for 40.45 feet; thence N7s050'41 "E, for 127.14 feet; thence
I Tom Cloud - CC CDD Legal 09-28-2005.doc
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S78023'09"E, for 24.44 feet; thence S11052'40"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 N54010'51nE, 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 87013'09", 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
S89019'48nE, 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 N890Q4'26"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'OO"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 N00051'16"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
101501.04 0203
LEGAL DESCRIPTION
CLEARWATER CAY COMMUNITY DEVELOPMENT DISTRICT
Page 2 of 2
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City Council
Agenda Cover Memorandum
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Tracking Number: 1,801
Actual Date: 01/19/2006
Subject / Recommendation:
Approve the re-appropriation of $75,000 from retained earnings in the General Fund to the
Development and Neighborhood Services Department operating budget in order to provide
funding for outside contract services for Plans Review.
Summary:
The building permit revenue was recently reviewed. Collections of the permit revenue were
$2,675,403 in FY05 as compared to $2,145,752 in FY04, for an increase of $529,641. The actual
FY05 amount is $475,403 more than the final projected FY05 revenue of $2.2 million. The
projected FY06 revenue in this account is $2,000,000.
The increase in revenues is due to increased building permit fee activities related primarily to
the recent numerous large building construction projects in the City. The additional fees are
shown as retained earnings in the general fund.
Services and expenditures have increased in the department as a result of the building permit
fee applications. The additional fees that went into the general fund have not yet been
appropriated to the department's budget to pay for the additional costs such as contractual
services to hire temporary building plans reviewers and inspectors needed to assist with the
additional work.
Staff recommends the re-appropriation of $75,000 of retained earnings in the general fund for
expenditures directly related to the building permit fees, plans review and inspections program.
Originating: Devel/Neighborhood Services
Section Consent Agenda
Category: Other
Financial Information:
~ Other
Bid Required? No
Bid Exceptions:
Impractical to Bid
Review Approval
Jeff Kronschnabl
12-16-2005
11:58:34
Garrv Brumback
01-06-2006
14:41:00
Tina Wilson
01-06-2006
13:33:35
Bill Horne
01-07-2006
14:51:04
~
City Council
Agenda Cover Memorandum _
Cyndie Goudeau
01-09-2006
08:36:05
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City Council
Agenda50ver Memorandum
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Tracking Number: 1,841
Actual Date: 01/19/2006
Subject / Recommendation:
Declare the list of vehicles and equipment surplus to the needs of the City and authorize
disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida.
Summary:
Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record.
See attached list.
Originating: Finance
Section Consent Agenda
Category: Other
Public Hearino: No
Financial Information:
Type: Other
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Surplus sale revenue
Current Year Cost:
$0.00
Appropriation Code(s)
0010-00000-365900-000-000
Amount
Comments
Revenue to be determined at the time of
sale.
Review Approval
Georoe McKibben
01-04-2006
16:50:28
Garrv Brumback
01-05-2006
15:23:55
Maroie Simmons
01-04-2006
17:00:56
Bill Horne
01-07-2006
14:53:35
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City Council
Agenda COV!! Memorandum,
Cyndie Goudeau
01-09-2006 08:33:37
Surplus for January 19, 2006
I REASON FOR
ITEM # Asset# YEAR DESCRIPTION I SERIAL NUMBER MILEAGE SURPLUS I DISPOSAL
1 G0752 1988 KD Mfg. Kurb Dresser Attachment for tractor AGE AND CONDITION
2 G0753 1988 KD Mfg. Kurb Dresser Attachment for tractor AGE AND CONDITION
3 G1635 1996 CROWN VIC POLICE CRUISER 2FALP71 WXTX160340 74458 AGE AND REPAIR COAST
4 G0324 1989 3500 GMC FLAT BED 1 GDJR34K6KF703508 39144 RUSTING OUT
5 G0387 1975 SEWER ROD TRAILER G0387 0 AGE AND CONDITION
6 G0695 1992 FORD F350 PICK UP 2FT JW35H2NCA81358 83160 AGE AND CONDITION
7 G1423 1994 Chrysler LHS 4 Dr Sedan 2C3ED56F6RH279003 78894 AGE AND REPAIR COAST
8 G1463 1995 FORD F250 W/UTILlTY BODY 1 FTHF25HOSNA96844 97289 AGE AND CONDITION
9 G1464 1995 FORD F250 W/UTILlTY BODY 1FTHF25H3SNA96854 93618 AGE AND CONDITION
10 G1462 1995 FORD F250 W/UTILlTY BODY 1 FTHF25HXSNA96852 96548 AGE AND CONDITION
11 G1538 1995 CHEV 2500 4X4 PICK UP 1 GCFK24H1SZ259756 60590 BODY RUSTING OUT
12 G1600 1996 PONTIAC FIREBIRD 2G2FV22P1T2222278 86116 AGE AND REPAIR COAST
13 G1786 1998 Ford L T9500 WI Mobile Mixer 1 FDZS96P2WV A08764 49498 Age & Condo
14 G3072 Unk. Cat 155KW Generator 135B5311 Age & Condo
15 G3074 Unk. Onan 30KW Generator 773665820 Age & Condo
16 G3075 Unk. Kohler I White 30KW Generator 12269 Age & Condo
17 G1659 1997 Ford 8000 w/crane & Dump body IFDXH81E4WA07412 111215 AGE \ MAJOR REPAIRS
18 G1686 1996 CCC RECYCLING TRUCK ICYCAN386TT042361 61307 AGE \ MAJOR REPAIRS
19 G3078 Unk. 30 KW Generator TF3432089 Age & Condo
20 NIA Unk. Kolher 44KW Generator 376275 Age & Condo
21 N/A Unk. Military Generator N/A Age & Condo
22 N/A Unk. Onan 90KW Generator 173542768 Age & Condo
23 22278 N/A LANDA PARTS WASHER M0403-52453 Inoperative
24 )ne Pallet Containino 2 Federal Vector Emer< ency Lioht bars Obsolete
25 )ne Pallet of Ford Explorer Interior Partitions Obsolete
26 Jne Military Electric Winch in Wooden Crate Obsolete
27 One Rollino Oil Dispensino Cart Obsolete
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City Council
Agenda Cove"~,..Memorandum __
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Tracking Number: 1,835
Actual Date: 01/19/2006
Subject / Recommendation:
Establish a scholarship for the Clearwater Nagano High School Exchange Program; approve
funding of $5,000; and transfer funds from retained earnings to the Nagano Project Code
0181-99928 at mid-year.
Summary:
. The Clearwater Nagano Exchange Program has been in existence for 46 years with annual
exchanges of teachers and students. Since 1991, fifty-six Clearwater area high school students
have traveled to Nagano Japan. During each summer, four high school students and a
chaperone have spent time visiting and participating at Nagano middle and high schools with all
expenses paid by the City of Nagano.
. Nagano has recently advised the Sister City Advisory Board that airfare, travel insurance and
all transportation expenses outside of Nagano will no longer be provided. Nagano will continue
to arrange for homestays, study tours and visits to local attractions during the two week visit.
. Estimated student cost for the two-week program (including paying the chaperone's expenses)
is $2500.
. Based upon Council discussion at the 12/12/05 work session, it is recommended to establish
the following criteria for the Clearwater Nagano High School Exchange Program.
> Up to four students will be selected through an application process.
> Student must be a resident of Clearwater.
> Student must be presently enrolled in a high school world language class.
> Student must be currently enrolled in Grade 9, 10 or 11.
> Student agrees to participate in Clearwater Nagano Exchange events upon return.
To be eligible for a scholarship through the City of Clearwater, the student must meet the
previous criteria. If they are chosen, they will receive a $1,250 grant.
. The remaining funds of $1,250 needed for the trip can be secured from an additional City
scholarship funded by Special Events revenue. In order to be eligible for the additional funds
the student must do the following:
> Participate in at least two designated Nagano Student Exchange Scholarship team-building
events prior to the trip.
> Provide up to 50 hours of service in
designated City activities.
The original funds of $5,000 for this program will be transferred from retained earnings to the
Nagano Project Code 0181-99928 at mid-year.
Originating: Parks and Recreation
Section Consent Agenda
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 0
Public Hearing: No
City Council
Agenda Cover Memorandum
Financial Information:
Type: Operating Expenditure
Bid Required? No
Bid Exceptions:
Other
Other Contract?
Scholarhip program
In Current Year Budget?
Yes
Current Year Cost:
$5,000.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$5,000.00
Not to Exceed:
$5,000.00
Appropriation Code(s)
Amount
$5,000.00
Comments
retained earnings
Review Approval
Kevin Dunbar
Bill Horne
01-03-2006 11 :44:39
01-09-2006 10:08:17
01-03-2006 15: 12:49
01-06-2006 14:32:23
01-04-2006 10:07: 10
01-07-2006 14:50:07
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Laura Lipowski
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City Council
Agenda Cover Memorandum
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Tracking Number: 1,752
Actual Date: 01/19/2006
Subject / Recommendation:
Approve a one-year extension agreement from February 1, 2006 through January 31, 2007,
between the City of Clearwater and The Winning Inning Inc., for the use and operation of the
Jack Russell Memorial Stadium and Complex and authorize the appropriate officials to execute
same.
Summary:
On December 18, 2003 the City Council approved a two-year agreement between the City and
Winning Inning for the operation of a baseball school at Jack Russell Memorial Stadium and
Complex.
The agreement has been successful for the citizens of Clearwater and for Winning Inning, which
is requesting an extension of the agreement for one year. Winning Inning has had a
relationship with the City for over six years, first at Countryside and now at Jack Russell
Stadium providing baseball instruction and training for youth to professional athletes.
Under this agreement The Winning Inning provides the following services:
. Conduct camps, clinics, lessons, strength conditioning, rehab training, tournaments, leagues
etc.
. Athletic field and grounds maintenance.
. One half funding for any mutually agreed upon capital improvement projects.
. Provide all staff, materials and supplies, and operating expenses associated with the complex
including but not limited to electricity, water, sewer, custodial, sanitation and minor building
maintenance and pay all required taxes necessary to the Agency's operation at the Complex.
Under this agreement the City will provide the following:
. Maintenance for all major capital components of the building, to include air conditioners, roof,
plumbing, electrical, etc.
No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for
consumption, will be granted to the agency.
Based on past structural analysis and improvements made at the stadium, it can be safely used
for 1 to 3 years without additional capital expenditures. Staff has recommended a capital
improvement project in FY 2006/07 budget for the demolition of the main concrete portion of
the stadium.
A copy of the agreement is available for review in the Official Records and Legislative Services
Department.
Originating: Parks and Recreation
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 0
Public Hearing: No
...~...........:'. ....... .~. ...........Q8....t terH..... ...:
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City Council
Agenda Cover Memorandu-:n
Financial Information:
Review Approval
Kevin Dunbar 12-22-2005 16:07:55
Cvndie Goudeau 01-09-2006 14:25:35
Laura Lioowski 12-30-2005 14: 19:36
Garrv Brumback 01-09-2006 10:43: 19
Tina Wilson 01-05-2006 15:18:37
Bill Horne 01-09-2006 11:17:27
Re', r~~ - J
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT to that certain Agreement dated December 30, 2003,
("Agreement") is hereby made and entered into on , 2006,
by and between the CITY OF CLEARWATER, a municipal corporation of the State of
Florida, whose address is Attn: Parks and Recreation Director, P.O. Box 4748,
Clearwater, FL 33758-4748, hereinafter referred to as the "City" and THE WINNING
INNING, INC., a Florida Corporation, whose address is P.O, Box 15953, Clearwater, FL
33766, hereinafter referred to as "Agency".
WHEREAS, City and Agency desire to extend the Agreement for one (1)
additional one (1) year period ("Extended Term"); and
NOW, THEREFORE, the parties agree as follows:
1. Term. The Term of the Agreement is hereby extended for one (1) year
beginning February 1,2006 and ending January 31,2007.
2. All other terms and conditions of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Amendment the day
and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
THE WINNING INNING, INC.
By:
By:
Randy Holland, President
Roy Silver, Vice President
sw-\
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City Council
Agenda Cover Memorandum
\\.S
Tracking Number: 1,796
Actual Date: 01/19/2006
Subject / Recommendation:
Award a contract for one(l) 600kw Caterpillar Generator and 1000 amp ASCO Transfer Switch
to Ring Power of Riverview, FL for the sum of $103,840.00 based on GSA Contract #
GS-07F-5666R and that the appropriate officials be authorized to execute same.
Summary:
Generator and Transfer Switch will be installed in replacement of an old generator and switch at
the Reservoir #3 site. All installation and site work will be performed by Building and
Maintenance personnel or contractors under our supervision.
Originating: Solid Waste/General Services
Section Consent Agenda
Category: Basic Purchasing item
Number of Hard Copies attached: none
Public Hearing: No
Financial Information:
~ Purchase
Bid Required? No
Bid Exceotions:
Other Government Bid
Other Contract?
GSA Contract #: GS-07F-566R
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$103,840.00
Appropriation Code(s)
0315-96740-562800-533-000
Amount
$103,840.00
Comments
Review Approval
Rick Carnlev
12-15-2005 07:57:54
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Tina Wilson
Bob Brumback
Cvndie Goudeau
George McKibben
Bill Horne
City Council
Agenda Cov!.!:. Memorandum
12-16-2005 10: 38: 11
12-15-2005 09:34:52
01-13-2006 10:05:46
12-15-2005 10:42:18
01-13-2006 09:56:34
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City Council
Agenda Cover Memorandum
Tracking Number: 1,797
Actual Date: 01/19/2006
Subject / Recommendation:
Award a contract to Ring Power of Riverview, FL for the purchase of one (1) Caterpillar P6000-D
fork lift, one (1) Caterpillar C-5000-LP fork lift, one (1) Manitou 8000# fork lift and one (1)
Manitou 6000# fork lift at a total cost of $144,823.60 and that the appropriate officials be
authorized to execute same. -
Summary:
The fork lifts are replacements for existing equipment authorized for budget 05/06.
Caterpillar P6000-D fork lift replaces G459 in the Public Utilities Department.
Caterpillar C-SOOO-LP is an additional fork lift for Building and Maintenance approved in Budget
for 05/06.
Manitou 8000# fork lift replaces G1328 in Fleet Division.
Manitou 6000# fork lift replaces Gl002 in the Public Utilities Department.
Lease Purchase financing of $123,723.60 will be used for three fork lifts and the fourth will be
purchased for $21,100 with Cash.
The four fork lifts will be pruchased by Piggyback of a Hillsborough County Bid #P-0250-05
Originatinq: Solid Waste/General Services
Section Consent Agenda
Category: Basic Purchasing item
Number of Hard Copies attached: none
Public Hearinq: No
Financial Information:
~ Purchase
Bid Required? No
Bid Exceptions:
Other Government Bid
Other Contract?
Sec. 2.564(1)(d) - Hillsborough Cty Bid P-250-05
In Current Year Budget?
Yes
3-0- :)
\ \.1.9
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City Council
Agenda Cover Memorandum
Budget Adjustment:
No
Current Year Cost:
$144,823.60
Appropriation Code(s)
0565-06531-591000-581-000
Amount
$21,100.00
Comments
Contribution to Garage Fund approved in
FY 05/06 Budget
0316-94234-564100-519-000
$123,723.60
Project Code
Debt service: Interest
0565-06612-571300-582-000
Prindpal 0565-06612-572300-519-000
Review Approval
Rick Carnlev
12-15-2005 09:23:42
Cvndie Goudeau
01-13-2006 10:04:50
Georae McKibben
12-15-2005 10:40:36
Bill Horne
01-13-2006 09:57: 12
Tina Wilson
12-16-2005 10:39:09
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City Council
Ag~~a Cover Memorandun:L
Trackina Number: 1,823
Actual Date: 01/19/2006
Sublect / Recommendation:
Award a contract for the purchase of two 2006 Kenworth T800 Truck Chassis with Galbreath
U5-0R-174 Roll Off Hoist to Kenworth of Central Florida for the sum of $259,115.14 through the
Florida Sheriffs Association Contract #05-13-0822 and authorize the lease purchase of both
vehicles and that the appropriate officials be authorized to execute same.
Summary:
The two roll off trucks are replacements for G2104 and G2304 in the Solid Waste budget.
Both trucks have in excess of 140,000 miles.
Due to increased business, these trucks have accelerated beyond their useful life in six years and
have experienced excessive maintenance costs due to mileage.
Originating: Solid Waste/General Services
Section: Consent Agenda
Categorv: Basic Purchasing item
Number of Hard Cooies attached: 0
Public Hearing: No
Financial Information:
~ Purchase
Bid Reauired? No
Bid Exceotions:
Other Government Bid
Other Contract?
Florida Sheriffs Association Contract #05-13-0822
In Current Year Budaet?
Yes
Budaet Adlustment:
No
Current Year Cost:
$259,115.14
Appropriation Code(s)
0316-96442-564000-534-000
Amou nt
$259,115.14
Comments
Solid Waste Lease Purchase
~~II$li~~~~;!i
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City Council
_~_~nda~!!er Memorandum.
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Review Aporoval
Rick Carnlev 01-03-2006 10:38: 11
Bill Horne 01-18-2006 09:59:39
Bob Brumback 12-27-2005 10:53:14
Tina Wilson 01-03-2006 13:11:11
George McKibben 12-30-2005 13:53:51
Cyndie Goudeau 01-18-2006 10:56:24
___~__.li__
N
City Council
Agenda Cover Memorandum__
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Tracking Number: 1,785
Actual Date: 01/19/2006
Subject / Recommendation:
Approve the final plat for "SUNSET POINTTOWNHOMES" located approximately 250 feet West of
U.S. 19 and 1000 feet north of Sunset Point Road.
Summary:
* This is a replat of part of vacated Blackburn St., vacated C.R. 192, lots 10-12 of Blackburns
Subdivision, all lying in 6-29S-16E
* The property is within the city limits of Clearwater consisting of 22.5 acres more or less.
* The final plat will create 216 townhome lots.
* The proposed project was approved by the DRC May 5th, 2005 and CDB and June 21st, 2005.
* The property is zoned as Medium Density Residential.
* A copy of the plat is available for review in the Official Records & Legislative Services office.
Originating: Engineering
Section Consent Agenda
Category: Plat Files
Public Hearing: No
Financial Information:
Review Approval
Glen Bahnick
12-20-2005 09:39:54
Garrv Brumback
01-05-2006 15:24:29
Michael Ouillen
12-21-2005 10:34:31
Bill Horne
01-07-2006 14:54:21
Cyndie Goudeau
01-06-2006 08: 50: 14
Location Map
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Scale: N.T.S
16e Date: 12/02/05
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City Council
A{fenda Cover Memorandum
\ \.S
Tracking Number: 1,793
Actual Date: 01/19/2006
Subject / Recommendation:
Accept a Fire Hydrant and Utility Easement containing 715 square feet, more or less, over and
across a portion of Lot 1, block 1, J. J. MUGGS SUBDIVISION, conveyed by K B Investments
Holdings, Ltd., a Florida limited partnership, in consideration of receipt of $1.00 and the benefits
to be derived therefrom.
Summary:
K B Holdings, Ltd. ("Grantor") has redeveloped the former Key West Grill property at 2652-2660
Gulf to Bay Boulevard as a 10,200 square foot retail and restaurant center.
Site plan approval required installation of a fire hydrant, four metered water lines and a metered
irrigation line.
The subject easement grants the City perpetual authority to maintain and replace the referenced
facilities.
The easement premises lie substantially within a superior 10-foot easement Steak & Ale
Corporation conveyed to Florida Power Corporation in October 1984. Florida Power, now d/b/a
Progress Energy, will not subordinate its rights to the City easement. Its local Legal Office,
however, is processing a "Consent & Joinder" instrument with respect to the subject easement.
Progress Energy's consent to the City easement does not materially effect the rights conveyed to
the City, as those rights will always be inferior to the rights earlier granted to Florida Power
where the two easements are coincident.
Grantor executed the subject easement documentation on November 7, 2005. It is being
forwarded for Council acceptance to avoid further delay in placing of public record.
Original documentation of Progress Energy's consent, if given, will be forwarded upon receipt to
Official Records and Legislative Services.
A copy of easement documentation is available for review in the Office of Official Records and
Legislative Services.
Originating: Engineering
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
Review Approval
Michael Ouillen
12-13-2005 08:51:59
.i.:.'.iA.........................<ftI7G... ........ .tertH.......
.~
City Council
Agenda Cover Memorandum
Garrv Brumback
01-06-2006 10:09:31
Laura Lioowski
12-20-2005 14:29:26
Bill Horne
01-07-2006 14:52:42
Cyndie Goudeau
01-09-2006 08:34:23
Return to:
Earl Sarrett
Engineering Department
City of Clearwater
P. O. Sox 4748
Clearwater, FI. 34618-4748
RE: Parcel No. 17-29-16-59392-001-0010
II
FIRE HYDRANT & UTILITY EASEMENT
II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt
of which is hereby acknowledged, and the benefits to be derived therefrom,
K B INVESTMENT HOLDINGS, L TO, a Florida limited partnership
2226 S. R, 580, Clearwater, Florida 33763-1126
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation ("Grantee"), non-exclusive easement over, under and across the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit:
A portion of Lot 1, Block 1, J. J. MUGGS SUBDIVISION, Plat Book 91, Page 40, Public
Records of Pinellas County, Florida, as more particularly described and depicted in
Pages 1 and 2, KEY WEST GRILL REDEVELOPMENT UTILITY EASEMENT appended
hereto and a part hereof.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the herein
described premises to construct, install and maintain and reconstruct as necessary a fire hydrant,
potable and irrigation water lines and all related utilities (the "facilities"). Grantee shall have full
authority to inspect and alter all facilities from time to time within said easement premises. In the time-
to-time exercise of rights granted herein Grantee shall in every instance restore all physical impacts to
the easement premises to equal or better condition as existed prior to the exercise of such rights.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein
described easement premises, and that Grantor has full right and lawful authority to grant and convey
this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and
enjoyment of this easement.
It is expressly understood that Grantor reserves unto itself all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
U:\Easements\K B INVEST FIRE HYDRANT & UTIL EAS.102605.doc
It is expressly understood that Grantor reserves unto itself all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
This easement is binding upon the Grantor, the Grantee, their successors and assigns. The
rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the
written mutual agreement of both parties, or by abandonment of the easement premises by Grantee.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed this 1~ day of November, 2005.
Signed, sealed and delivered
in the presence of:
1~:I::::~~e~~~i:OLDINGS, L ~~,~21a
_-",~.",.,.l., ~ \!
. .'.. .~., /~~~"".._".._..,_._..~\l'
By. . ,.... C" /~
. Rober1"Y'SChmidt, Jr., its General/Partner
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WIT: S signature
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Print Witness Name -
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STATE OF FLORIDA
ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ?.JL- day of November, 2005 by
Robert E. Schmidt, Jr., as General Partner of K B INVESTMENT HOLDINGS, LTD., a Florida limited
partnership, who executed the foregoing instrument on behalf of said general partnership, and who
acknowledged the execution thereof to be his free act and deed for the uses and purposes therein
expressed.
~ tl. Lflcwu~
Not ry ubhc - State of Flonda
t'hnf#. A. HO/n5ofl
Type/ Int Name
[.)(] Personally Known
[ ] Produced Identification
Type of Identification Produced
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CONSENT & JOINDER
II
The undersigned Mortgagee, owner and holder of an equitable interest in the real property
described herein by virtue of that certain mortgage lien described in the Amended and Restated
Mortgage, and other instruments of security dated February 23, 2005 given by K. B. INVESTMENT
HOLDINGS, LTD., a Florida limited partnership, the herein described Grantor, as recorded in Official
Records Book 14153, Pages 1876-1886, Public Records of Pinellas County, Florida, does hereby join
with Grantor and consents to the grant of easement as described in that certain Fire Hydrant and Utility
Easement dated November 7~ ,2005 as conveyed to the City of Clearwater, Florida; and hereby
subordinates all of its right, title, interest and claim in the lien evidenced by aforesaid instrument, and
all other instruments of security as described therein, to the easement rights as conveyed by Grantor.
Signed, sealed and delivered
In the presence of:
AMCORE BANK, NA, organized and existing
under laws of the United States of America
By: ~~01
Print Name GI-G.+t..hu1 G>v;,., lev","
Title YiCIL ?rt.<.lidu"-.t
~~~~g~W~lr
Prin2&?~
Witness signa~re
CICJ.r/c. k^s~.(.!~
Print Witness name .
STATE OF FLORIDA
: ss
COUNTY OF HILLSBOROUGH
I' . The foregoing instrument was acknowl~dged efore me this -.5i_ day of November, 2005 by
t:\.(.i ~(~\I leI 0 \.) \ Ii\. \.f v' ,>V'\ , as /.~. 1! d of AMCORE
BANK, NA, organized and existing under laws of the United States of America, mortgagee in the
above-described lien, who executed said instrument and acknowledged the execution thereof to be
h_ free act and deed for the uses and purposes therein expressed, and who IXJ is personally known
to me or who [ ] d~(tpro\ti€le as-taentificatieft.
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PATRICIA PAPPAS
NOTARY PUBLIC
STATE OC''''ONSIN
J.EGEWl
BNDY = BOUNDARY
COR = CORNER
OR = OFFICIAL RECORDS BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
R/W = RIGHT-OF-WAY
SR = STATE ROAD
US = UNITED STATES
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NOT A SURVEY
SKETCH & DESCRIPTION
DATE
11/04/05
H: \IN\3221 \dwg\3221 sd3.dwg
SECTiON 17 TOWNSHIP. 29 S. RANGE. 16 E
PROJECT NUMBER 01-3221
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LOT 1, BLOCK 1,
J.J. MUGGS SUBDIVISION
PB 91, PG 40
N89-46'01-E
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NORTH R/W LINE STATE ROAD 60
SR 60
GULF TO BAY BOULEVARD
KEY WEST GRILL
REDEVELOPMENT
UllUTY EASEMENT
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SHEET 1 OF 2
POLARIS ASSOCIA TES INC.
PROFESSIONAL SURveYING LB 611.3
2915 S.R. 590. SUITE: 17
CLEARWA TE:R. FLORIDA .3.3759
(727) 669-0522
DESCRIPTION
SECTION 17, TOWNSHIP. 29 S, RANGE. 16 E
PROJECT NUMBER 01-3221
THAT PORTION OF LOT 1, BLOCK 1, J.J. MUGGS SUBDIVISION, PLAT BOOK 91, PAGE 40, PUBLIC RECORDS PINELLAS
COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE WEST LINE OF SAID LOT 1, N 01'04'04" E,
70.01 FEET; THENCE ALONG A LINE 70.00 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE
OF STATE ROAD 60 (A 120 FOOT RIGHT-OF-WAY), N 89'46'01" E, 10.00 FEET; THENCE ALONG A LINE 10.00 FEET
EAST OF AND PARALLEL WITH SAID WEST LINE OF LOT 1, S 01.04'04" W, 67.01 FEET; THENCE ALONG A LINE 3.00
FEET NORTH OF AND PARALLEL WITH SAID NORTH RIGHT-OF-WAY LINE STATE ROAD 60, N 89.46'01" E, 5.00 FEET;
THENCE ALONG A LINE 15.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF LOT 1, S 01'04'04" W, 3.00
FEET TO SAID NORTH RIGHT-OF-WAY LINE STATE ROAD 60; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, S
89'46'01" W, 15.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 715 SQUARE FEET, MORE OR LESS
NOTES
1. BEARINGS ARE BASED ON THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 60, SAID LINE BEING ASSUMED
AS S 89'46'01 "W.
2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING
HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED
TO.
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS
OR ENVIRONMENTALLY SENSITIVE AREAS.
5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO
EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MAnERS OF RECORD.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61 G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORI A TATUTES
NOT A SURVEY
SHEET 2 OF 2
SKETCH &: DESCRIPTION
DATE
11/04/05
KEY WEST GRILL
REDEVELOPMENT
UllUTY EASEMENT
POLARIS ASSOCIA TE:S INC.
PROFESSIONAL SURVEYING LB 6113
2915 S.R. 590, SUITE: 17
CLEARWA TE:R, FLORIDA 33759
(727) 669-0522
H: \IN\3221 \dwg \3221 sd3.dwg
II AFFIDAVIT OF NO LIENS II
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Robert E.
Schmidt, Jr., the general partner in KB INVESTMENT HOLDINGS, L TO, a Florida
limited partnership, whom, being first duly sworn, does depose and say:
1, That said limited partnership is the owner of legal and equitable title to the following
described property in Pinellas County, Florida, to wit
J. J. MUGGS SUBDIVISION, Block 1, Lot 1, according to the map of plat
thereof as recorded in Plat Book 91, Page 40, Public Records of Pinellas
County, Florida
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on said property for
which there are unpaid bills for labor or materials against said property, other than those
that will be paid during the normal course of business, except: (if none, enter "NONE")
Nb,oe.
4. That other than easements and restrictions of record, there are no liens or
encumbrances of any nature affecting the title of the property hereinabove described,
except:
That certain Amended and Restated Mortgage and other instruments of security dated
February 23, 2005 given in favor of AMCORE BANK, NA. organized and existing under.
the laws of the United States of America, as recorded in Official Records Book 114153
Pages 1876 - 1886 of the Public Records of Pinellas County, Florida.
5. That it is hereby warranted that no notice has been received for any public hearing
regarding assessments for improvements by any government, and it is hereby
warranted that there are no unpaid assessments against the above described property
for improvements thereto by any government, whether or not said assessments appear
of record.
6. That there are no outstanding sewer service charges or assessments payable to
any government.
Page 2 - Affidavit of No Liens
K B INVESTMENT HOLDINGS, LTD.
RE: J. J. MUGGS SUB., Blk. 1, Lot 1
7. That the representations embraced herein are for the purpose O,f, inducing the.,,9\T, Y
OF CLEARWATER, FLORIDA, its agents, successors and assignstoreJ~ thereon.' I
;.. -!
~~ a. Cfinv}/}/ .f)(Yh
WIT E Signature
lY\o~ A. f-IQ/Y)So 1\
~I~N S Pn~tedName
AJ,-L / ~t?-
WITNESS Signatur
~8vc)I)A 'L (,c/C:..v'-lK
WITNESS Printed Name
.R,Y.:
c~
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<-.L:;/.' d,.,..,.., "," ,',' ~","
- " -..."',~'~'-.,...,~. I
Robert E. Schmidt, J~. ./
its General partn///
''''---
Sworn to and subscribed to before me this r day of November, 2005.
l(r~ fl. l{dClJ}/) /~
Notary IOUblic - State of Florida
~ A. HCU'nsov'\
Pnntlf pe Name
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~~~f City Council
;~: ~_...2YIenda Co~~r Memorand~l!!!'
\ \.\ 6
Tracking Number: 1,795
Actual Date: 01/19/2006
Subject / Recommendation:
Approve an extension to the work order for PBS&J, an Engineer of Record, of Tampa, Florida for
the Myrtle Avenue Roadway and Drainage Improvements Project in the amount of $98,054.73
for Construction Engineering and Inspection services for the duration of construction.
Summary:
The original work order for this project was approved by Council on January 15, 2004 in the
amount of $738,120.92. An extension to this work order was previously approved
September/2005 in the amount of $73,502.73.
CEI Services to complete the Myrtle Avenue Reconstruction Project. The construction duration
for this project has extended approximately seven (7) months beyond the original duration of
eighteen (18) months.
A maximum fee of $98,054.73 has been established to cover the extended duration of the
project.
A first quarter amendment will transfer budget and $75,231.51 of 02 Stormwater Bond proceeds
from Capital Improvement (CIP) project 0377-96124, Storm Pipe System Improvements, to
0377-96142, Myrtle Avenue Drainage Improvements, to fund the Stormwater portion of the
work order. Sufficient budget and revenue are available in CIP projects: System R & R
0315-96741 $10,944.87 Reclaimed WaterDist System 0315-96739
766.79 Sanitary Sewer R & R 0343-96665 6,681.45 New Sidewalks
0315-92339 2,492.55 Pinellas NewMains &Svc Lines0315-96377 1,937.56
$22,823.22
A copy of the work order is available in the Office of Official Records and Legislative Services for
review.
Codes: 0377-96142-561200-539-000-0000 $75,231.51
0315-96741-561300-533-000-0000 10,944.87
0315-96739-561300-533-000-0000 766.79
0343-96665-561300-535-000-0000 6,681.45
0315-92339-561200-541-000-0000 2,492.55
0315-96377-561300-532-000-0000 1,937.56
$98,054.73
Originating: Public Services
Section Consent Agenda
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Capital Expenditure
_~>Il~ JliJl_...tI..J;""....__
~J
City Council
Agenda Cover Memorandum
Bid Required? No
Bid Exceotions:
Other
Other Contract?
Amendment to CEI Work Order
In Current Year Budget?
Yes
Budget Adjustment:
No
Total Cost:
$98,054.73
Appropriation Code(s)
Amount
Comments
See the summary portion of this item for
all appropriations codes
and amounts,
Review Approval
Garv Johnson
Bryan Ruff
12-13-2005 14:48: 14
01-11-2006 11 :03:33
12-16-2005 14:49: 10
01-10-2006 08:36:31
12-19-2005 09:04:28
01-10-2006 13:25:25
Cvndie Goudeau
Tina Wilson
Garrv Brumback
Bill Horne
CITY OF CLEARWATER
PBS&J WORK ORDER INITIATION FORM
MYRTLE AVENUE RECONSTRUCTION CE&I
Date: November 28, 2005
PBS&J Project No: _100442.02_
City Project No: _00-0034-EN_
1. PROJECT TITLE:
Myrtle Avenue Reconstruction CE&I
2. SCOPE OF WORK:
CE&I Services to complete the Myrtle Avenue Reconstruction project. The construction
duration for this project has extended approximately 7 months beyond the original
duration of 18 months. The Scope of Work for CE&I services remains the same as the
original Work Order dated December 17, 2003.
3. PROJECT GOALS:
The Myrtle Avenue Reconstruction project consists of the replacement of the stormwater
drainage system with other enhancements to the infrastructure including rebuilding
Myrtle Avenue from Lakeview Road to Ft. Harrison Avenue.
The project site is extremely complicated due to the daily volume of traffic, 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
relieve the anticipated traffic congestion and maintain access to all businesses.
Construction began in April 2004 and was expected to be complete in October 2005 with
a construction duration of 18 months. Currently, the anticipated completion date is May
2006. Our staffing chart for additional time is based on extending our CE&I Services
through the completion of the project.
4. BUDGET:
A maximum fee of $98,054.73 has been established for this assignment.
-1-
5. SCHEDULE:
This assignment is expected to be completed by May 31, 2006 based on the contractor's
current construction schedule.
6. PBS&J STAFF ASSIGNMENTS:
Joseph Alexander
Ben Doan, P .E.
(813) 282-7275
(813) 282-7275
7. CORRESPONDENCEIREPORTING PROCEDURES:
All correspondence and reports shall be sent to Perry Lopez, City of Clearwater, 410 N.
Myrtle Avenue, Clearwater, Florida 33755
8. INVOICINGIFUNDING PROCEDURES:
The budget for this work is a maximum of $98.054.73 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.
City Invoicing Codes:
PREPARED BY:
CITY
PBS&J
Ben W. Doan, P.E.
Vice President
Gary Johnson Date
Public Services Director
Date
-2-
-
City Council
Agenda Cover Memorandum
Tracking Number: 1,748
Actual Date: 01/19/2006
Subject / Recommendation:
Approve the 2006 Federal Legislative Package.
Summary:
Each year, the City of Clearwater submits a list of legislative priorities for consideration for the
new federal budget year. Once the package is approved, the City's legislative liaison will work
with the federal lobbyist to submit our request to our delegation.
The 2006 Federal Legislative Package includes such issues as: funding requests for Downtown
Redevelopment and COPS Technology; supporting legislation that will diversify Brownfields
Remediation loans into grant funds, provide Fire Act funding for pre-disaster and post-disaster
mitigation; opposing decreased funding for COPS and Community Development Block Grant
programs, the Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act and pre-emption
of municipal funding sources.
Originating: Official Rec and Legislative Svc
Section Consent Agenda
Category: Other
Financial Information:
Review Approval
Cvndie Goudeau
01-13-2006 10:03:32
Garrv Brumback
01-12-2006 14: 12:24
Bill Horne
01-13-2006 09:58:24
D(2.. L...~~ \
\ \. \ \
Federal Legislative Priorities
109th Congress, 2nd Session
Appropriations
Downtown Revitalization Initiative
The City seeks federal assistance to implement projects that revitalize Downtown Clearwater
into a wonderful place for residents and visitors to live, work, and play.
Coachman Park - $7.5 million
Renovate and expand existing waterfront park into City's premier downtown destination.
Enhancements include a children's play area, restrooms, an interactive fountain, a
waterfront promenade, an improved outdoor entertainment venue, and recreation space.
Downtown Parking Garage - $7 million
Construction of a new 450-space parking facility will support redevelopment while
maintaining ease of access and parking throughout downtown.
Additional parking solutions are needed to address the special events and concerts held at
Coachman Park.
Downtown Marina - $5 million
Construction of a new municipal marina will enhance residential, recreational, and
commercial activities within downtown.
Residential development in downtown and surrounding areas has created a need for
additional boat slips.
Wastewater and Reclaimed Water Infrastructure
Goal to obtain a $2,200,000 appropriation in FY 2007 V A-HUD appropriations bill under State
and Tribal for assistance to repair and upgrade wastewater and reclaimed water infrastructure.
System upgrade is needed to meet federal and state regulations.
Expansion of reclaimed water system will reduce impacts on the natural aquifer and assist with
disposal of treated water.
The City has received approximately $1,850,000 from the Environmental Protection Agency's
State and Tribal Assistance Grants (STAG) to supplement the local resources dedicated to this
initiative.
COPS Technology
Obtain $731,000 appropriation to purchase a complete dispatch/reporting system.
Software upgrades will assist officers with interagency communication and data sharing.
This technology will allow officers to create images, floor plans, aerial photos, and hazardous
materials identification when responding to major incidents, such as a "Columbine," a major
hurricane, or terrorist activity.
Project 54
Seek federal grant to obtain technology that will allow police officers to use their voice to
activate patrol car equipment, run data inquiries, and change radio channels.
Project 54 technology is currently being utilized by various law enforcement agencies in New
Hampshire, Maryland, California, Minnesota, Colorado, and Massachusetts.
Issues to Support
Brownfields Remediation
Support legislation that diversifies loans into grants.
Increase funding for Brownfields assessment and cleanup.
Fire Act
Provide funding for pre/post disaster mitigation (i.e., first response training, hardening of
facilities, equipment).
Maintain funding levels for SAFER legislation that provides additional staffing for fire
and medical emergencies.
Continue funding resources that promote fire prevention activities for community risk
reduction.
Public Works
Monitor Transportation Enhancement Funds
Provide funding for hardening of existing infrastructure to mitigate natural and man-
made disasters.
Increase funding for land and water conservation projects.
Homeland Security Mandates
Support legislation that would provide federal funding for Homeland Security mandates
assigned to local governments.
Authorize funding resources to local governments responsible for providing candidate
protection during presidential campaign visits.
Issues to Oppose
As AmeriCorps facilitates community volunteer needs for many area agencies, oppose
efforts to decrease funding levels for AmeriCorps post in Pinellas County, which is
located in Clearwater and is the only remaining post in the County.
Oppose the CLEAR Act (Clear Law Enforcement for Criminal Alien Removal) - Oppose
mandates that will require local police officers to track immigration violations discovered
during normal law enforcement activities.
Oppose legislation that will eliminate or reduce current funding levels for Community
Development Block Grants and Housing and Urban Development Programs.
Oppose efforts that reduce or eliminate a municipality's ability to collect franchise fees
for use of rights-of-way, including legislation that will make the Federal Communications
Commission the arbitrator of disputes over franchise fees.
Proj ect 54
$600,000
The Clearwater Police Department (CPD) endeavors to obtain technology that will allow officers
to use their voice to activate patrol car equipment, run data inquiries, and even change radio
channels.
Project 54 is a new technology that promises to help police officers to be more efficient and safe
during patrol operations. Project 54 is a joint project ofthe University of New Hampshire
(UNH) and the New Hampshire Department of Safety. The project has been monitored and
funded by the U.S. Department of Justice.
Today's patrol car is equipped with an array oftechnological equipment - high-tech radios,
computers, GPS, video cameras, radars, lights, sirens, expansive databases - all of which are to
be operated while the officer is driving a police cruiser. From a safety standpoint, this "multi-
tasking" can lead to an overwhelming amount of driver distraction and put the officer and the
public at risk. Utilizing Project 54 technology in a patrol car means that the officer does not
have to divert his attention to look at a computer screen or remove his hand from the steering
wheel to perform a function - he simply uses his voice.
Project 54 is currently being utilized by various law enforcement agencies in New Hampshire,
Maryland, California, Minnesota, Colorado, and Massachusetts. William Lenharth, an associate
research professor at UNH, reports that insurance companies have already made inquiries to the
University about Project 54, citing improved officer safety and possibly reduced insurance
premiums for city and state agencies as a result.
CPD seeks a federal grant to purchase of Project 54 technology to be installed in 150 patrol cars
at a cost of $4,000 per vehicle for a total of $600,000.
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Call, Rosemarie
From:
Sent:
To:
Subject:
Skinner, Janet
Thursday, January 19, 2006 2:43 PM
Call, Rosemarie
Project 54
OK, I finally got ahold of the lieutenant at the Maryland State Police who is their expert on Project 54. They have had
Project 54 installed in 35 of their vehicles for about 6 months -- he said that maintenance costs are "minimal." The cost of
Project 54 he said is pretty much the up-front purchase of the software, equipment and installation. He said in 6 months
he. has spent less than $300 in "maintenance" or repair costs. He also said that the system is designed so that if a police
department does have to purchase a replacement part, those items can easily be located at local vendors like Radio
Shack or compUSA.
Does that help?
1
~b
City Council
A~nda Cover Memorandum
Tracking Number: 1,859
Actual Date: 01/19/2006
Subject / Recommendation:
Ratify and confirm the addendum to the contract with Pennington, Moore, Wilkinson, Bell &
Dunbar, P.A. to allocate fees in order to meet new reporting requirments.
Summary:
The Pennington Law Firm provides legislative lobbying services to the City of Clearwater. During
the 2005-B Special Session, the Florida Legislature adopted legislation that changed the
registration and reporting requirements of lobbyists. Under our contract with Pennington Law
Firm, services must be reported in a manner that reflects the fees allocated to services for (1)
lobbying the Legislature; (2) lobbying the Executive Branch; and (3) services that do not involve
these activities,
The new law became effective January 1, 2006. In order to assure compliance with the new
law, it was requested the addendum be executed prior to the end of the year.
Originating: Official Rec and Legislative Svc
Section Consent Agenda
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
01-13-2006
10:02: 15
Bill Horne
01-13-2006
10:00:36
Leslie Douaall-Sides
01-10-2006
13:33:56
Garry Brumback
01-10-2006
16:44:22
GCZ6- ~
\ \. \J
CONTRACT ADDENDUM
By mutual consent of the parties hereto and consistent with the enactment of revisions to
Sections 11.045 and 112.3215 and related provisions of the Florida Statutes during the
2005-B Special Session of the Legislature, the contract with Pennington, Moore, Wilkinson,
. Bell & Dunbar, P.A. ("Pennington") is revised to identify the services and the compensation
for said services in the following categories:
1. Lobbying before the Legislature: The client and Pennington agree that the
portion of time and services under the Agreement that is to be devoted to influencing or
. attempting to influence legislative action or non-action through oral or written
communication or attempting to obtain the goodwill of members of the Legislature, and
employees of the Legislature shall be equal to fifty percent (50%) of the total time and
services to be provided under this Agreement. The annual compensation to be paid for
these services shall be $24,000.00.
2. Lobbying before the Executive Branch: The client and Pennington agree
that the portion of time and services under the Agreement that is to be devoted to
influencing or attempting to influence an agency with respect to a decision of the agency
in the area of policy through oral or written communication or attempting to obtain the
goodwill of an agency official or employee shall be equal to twenty five percent (25%) of
the total time and services to be provided under this Agreement. The annual
compensation to be paid for these services shall be $12,000.00.
3. Other Non-Lobbying Services: The client and Pennington agree that the
portion of time and services under the Agreement to be devoted to non-lobbying services
for the client, its members and employees, including, but not limited to, educational written
and oral offerings and briefings, legal research, election demographic analysis, attendance
at meetings of the client and related travel, intergovernmental communications with local
governments and local government associations and the preparation of written opinions
and reports for the client, shall be equal to twenty five percent (25%) of the total time and
services to be provided under this Agreement. The annual compensation to be paid for
these services shall be $12,000,00.
Except as modified hereby, the terms and conditions of the contract with Pennington,
Moore, Wilkinson, Bell and Dunbar, P.A., are ratified and confirmed to be effective this
day of December, 2005.
PENNINGTON, MOORE, WILKINSON,
BELL & DUNBAR, P.A.
CITY OF CLEARWATER
BY:~~. ~
Peter M. Dunbar
a E. Goudeau, CMC
erk/Legislative Liaison
F-IN- d.
~
City Council
Agenda Cover Memorandum
\ d, \
Tracking Number: 1,833
Actual Date: 01/19/2006
Subject / Recommendation:
Pass Ordinance 7584-06 on first reading, changing the date for the special election for the
Employees Pension Plan to November 7, 2006.
Summary:
Ordinance 7466-05 established a special election on March 14, 2006, for the purpose of voting
on changes to the investment provisions of the Employees Pension Plan. At the time this date
was set it was anticipated additional ballot questions would also be prepared to go to referendum
on the same date. This has not happened.
Because of the high cost involved with a special election it is preferable to combine this special
election with other elections. For that purpose staff is recommending the special election be
moved to November 7; 2006.
Originating: Finance
Section Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Review Aporoval
Jav Ravins
12-22-2005
14:25:02
Garrv Brumback
01-06-2006
14:31 :36
Leslie Douaall-Sides
12-22-2005
16:33:25
Bill Horne
01-07-2006
14:49: 14
Cyndie Goudeau
01-09-2006
10:09: 10
~e..: FIN""' Q
ORDINANCE NO. 7584-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
CHANGING THE DATE OF THE CITY OF CLEARWATER
EMPLOYEES PENSION PLAN SPECIAL ELECTION AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has established the City of Clearwater
Employees Pension Plan; and
WHEREAS, the City has authority to amend the plan as permitted by law;
and
WHEREAS, the City has determined that it is in the best interest of the
participants and taxpayers to change the date of the special election called for by
Ordinance 7466-05; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA
Section 1: A special election for the purpose of voting on changes to
the investment provisions in the Employees Pension Plan is
scheduled for March 14,2006. The City has determined that
it is in the best interest to move the special election to
November 7, 2006.
Section 2: If any clause, section or other part or application of this
Ordinance shall be held in any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall
be considered as eliminated and shall not effect the validity of the remaining
portions or applications which shall remain in full force and effect.
Section 3: All ordinances or parts of ordinances, resolutions or parts of
resolutions in conflict herewith are herby repealed to the extent of such conflicts.
Section 4: This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
Ordinance No. 7466-05
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. 7466-05
ORDINANCE NO. 7466-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING THE CITY OF CLEARWATER EMPLOYEES
PENSION PLAN; AMENDING SECTION 2.399 TO PROVIDE FOR
EXPANDED INVESTMENT AUTHORITY FOR DIVERSIFICATION
OF PLAN ASSETS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has established the City of Clearwater
Employees Pension Plan; and
and
WHEREAS, the City has authority to amend the plan as permitted by law;
WHEREAS, the City has determined that it is in the best interest of the
participants and taxpayers to expand the investment authority of the Trustees;
now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA
Section 1: Section 2.399 of the Employees Pension Plan is hereby
amended to read as follows:
Sec. 2.399 Establishment and operating pension fund.
(c) Powers and duties of trustees. The trustees may:
***
(2) Invest and reinvest the assets of the pension fund in:
***
(i) Notwithstandino any limitations to the contrarv contained in this section,
trustees shall have the authority to diversify the fund by investing
pension assets to the full extent permitted by Florida law under Sections
112.661.175.071.185.06. and 215.47. Florida Statutes.
(ii) Notwithstandino any provision to the contrarv. direct investments.
includino real estate investments. in businesses or property located
within the City of Clearwater shall be prohibited.
Ordinance No. 7466-0S
Section 2: If any clause, section or other part or application of this
Ordinance shall be held in any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall
be considered as eliminated and shall not effect the validity of the remaining
portions or applications which shall remain in full force and effect.
Section 3: All ordinances or parts of ordinances, resolutions or parts of
resolutions in conflict herewith are herby repealed to the extent of such conflicts,
Section 4: A special election for the purpose of voting on this proposed
ordinance as set forth shall be conducted on March 14,2006.
Section 5: The question to appear on the Referendum Ballot shall be as
follows:
Pension Plan Amendments
Shall the City of Clearwater Employees Pension Plan
investments be set by Florida law under Sections 112.661,
175.071, 185.06, and 215.47 Florida Statute, with the
additional restriction that there be no direct investments,
including real estate within the City of Clearwater as
provided in Ordinance 7466-05?
Yes
For amendment to Employees Pension
Plan
No
Against amendment to Employees
Pension Plan
Section 5: This ordinance shall take effect immediately upon adoption.
The amendments to the Employees Pension Plan provided herein shall take
effect only upon approval of a majority of the City electors voting at the
referendum election on these issues and upon the filing with the State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
2
Ordinance No. 7466-05
Leslie K. Dougall-Sides
Assistant City Attorney
3
Cynthia E. Goudeau
City Clerk
Ordinance No. 7466-05
City Council
Agen~.!L~over Memorandu.1!I
~'S, - \
\d. d
k
Tracking Number: 1,834
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Resolution 06-03 approving a Utility Work By Highway Contractor Agreement with the State
of Florida's Department of Transportation to install natural gas mains during improvement project,
FPN: 256890-1-56-02/Pinellas County, SR55 (US 19) from Sunset Point to Countryside Blvd., at
an estimated cost of $400,000.00 and authorize the appropriate officials to execute same.
Summarv:
The Florida Department of Transportation (FDOT) has a project to widen/improve SR55 (US 19)
from Sunset Point to Countryside Blvd. including roadway, sidewalk, other improvements, and
utilities to include those existing Clearwater Gas facilities which conflict with the design.
Under the Utility Work By Highway Contractor Agreement (UWBHC), the State of Florida's
Department of Transportation general contractor will perform the relocation of existing natural
gas mains.
Having the State of Florida's Department of Transportation general contractor install the natural
gas mains allows for work to be done in a timely manner and releases Clearwater Gas System
from penalty payments.
Funding for this agreement is available in capital project 315-96365-546800-532-000-0000.
Oriainating: Gas System
Section: Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid ExceDtions:
Other Government Bid
Other Contract?
Utilty Work By Highway Contractor Agreement with the State of Florida's Department of
Transportation
In Current Year Budget?
Yes
Budget Adjustment:
No
"""".w----.. _
City Council
Aaenda_f.C?ver Memorandum
~b
Current Year Cost:
$400,000.00
For Fiscal Year:
10/01/2005 to 09/30/2006
Total Cost:
$400,000.00
Not to Exceed:
$400,000.00
Aoprooriation Coders)
315-96365-546800-532-000-
Amount
$400,000,00
Comments
R~view Aoproval
Chuck Warrinoton
12-22-2005 15:57:23
Cvndie Goudeau
01-13-2006 10:07: 15
Tina Wilson
01-03-2006 08: 18: 19
Bill Horne
01-13-2006 09:55:18
Laura Lipowski
01-03-2006 10:20:09
RESOLUTION NO. 06-03
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING THE EXECUTION OF A UTILITY
WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION REGARDING RELOCATION OF
NATURAL GAS MAINS FOR THE IMPROVEMENT
PROJECT FOR STATE ROAD SR55 (US19) FROM
NORTH OF SUNSET POINT TO SOUTH OF
COUNTRYSIDE BLVD.; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the State of Florida Department of Transportation (FDOT) has a
project to widen/improve State Road 55 (US 19) from Sunset Point to Countryside Blvd.
including roadway, sidewalk, other improvements and utilities to include those existing
Clearwater Gas System facilities which conflict with the design; and
WHEREAS, under the Utility Work By Highway Contractor Agreement, the
FDOT's general contractor will perform the relocation of existing natural gas mains; and
WHEREAS, having FDOT's general contractor relocate the natural gas mains
allows for the work to be done in a timely manner and releases Clearwater Gas System
from penalty payments; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Joint Project
Agreement between the City and the State of Florida Department of Transportation,
identified as Utility Work By Highway Contractor Agreement, Financial Project ID
256888-1-56-02, a copy of which is attached as Exhibit A.
Section 2. The City Commission hereby authorizes the Mayor and City Manager
to sign the Joint Participation Agreement described in this resolution and associated
documents.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006.
Frank Hibbard
Mayor
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 02-54
~: GGl'S- \
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No, 710-010-22
UTiliTIES
10/04
Financial Project 10: 256890-1-56-02 Federal Project 10: N/A
County: Pinellas State Road No.: 55
District Oocument No: 1
Utility Agency/Owner (UAO): Clearwater Gas System
THIS AGREEMENT, entered into this day of ,year of , by and between the STATE
OF FLORIOA OEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FOOT", and Clearwater Gas
System, hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the FOOT, is constructing, reconstructing, or otherwise changing a portion of a public road or
publicly owned rail corridor, said project being identified as US 19 From N. of Sunset pt. to S. of Countryside Blvd.,
State Road No.: 55, hereinafter referred to as the "Project"; and
WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the
Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may
be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation,
adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and
WHEREAS, the FOOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1 )(b),
Florida Statutes for the Utility Work to be accomplished by the FOOT's contractor as part of the construction of the
Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT
and the UAO hereby agree as follows:
1. Oesign of Utility Work
a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical
special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency
schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the
"Plans Package") on or before Aoril 21, year of 2006.
b. The Plans Package shall be in the same format as the FOOT's contract documents for the Project
and shall be suitable for reproduction.
c. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities
and work effort required to perform the Utility Work, including but not limited to, all clearing and
grubbing, survey work and shall include a traffic control plan.
d. The Plans Package shall be prepared in compliance with the FOOT's Utility Accommodation Manual
and the FOOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and
the FOOT's contract documents for the Project. If the FOOT's Plans Preparation Manual has been
updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall
apply where such conflicts exist.
e. The technical special provisions which are a part of the Plans Package shall be prepared in
accordance with the FOOT's guidelines on preparation of technical special provisions and shall not
Page 1 of9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10/04
duplicate or change the general contracting provisions of the FOOT's Standard Specifications for
Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or
Developmental Specifications of the FOOT for the Project.
f. UAO shall provide a copy of the proposed Plans Package to the FOOT, and to such other right of way
users as designated by the FOOT, for review at the following stages: 60%. 90% & Final. Prior to
submission of the proposed Plans Package for review at these stages, the UAO shall send the FOOT
a work progress schedule explaining how the UAO will meet the FOOT's production schedule. The
work progress schedule shall include the review stages, as well as other milestones necessary to
complete the Plans Package within the time specified in Subparagraph a. above.
g. In the event that the FOOT finds any deficiencies in the Plans Package during the reviews performed
pursuant to Subparagraph f. above, the FOOT will notify the UAO in writing of the deficiencies and the
UAO will correct the deficiencies and return corrected documents within the time stated in the notice.
The FOOT's review and approval of the documents shall not relieve the UAO from responsibility for
subsequently discovered errors or omissions.
h. The FOOT shall furnish the UAO such information from the FOOT's files as requested by the UAO;
however, the UAO shall at all times be and remain solely responsible for proper preparation of the
Plans Package and for verifying all information necessary to properly prepare the Plans Package,
including survey information as to the location (both vertical and horizontal) of the Facilities. The
providing of information by the FOOT shall not relieve the UAO of this obligation nor transfer any of
that responsibility to the FOOT.
I. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within
the limits of the Project, except as generally summarized as follows: N/A. These exceptions shall be
handled by separate arrangement.
j. If any facilities of the UAO located within the project limits are discovered after work on the project
commences to be qualified for relocation at the FOOT's expense, but not previously identified as
such, the UAO shall file a claim with the FOOT for recovery of the cost of relocation thereof. The
filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be
based on a determination of fault for the error. The discovery of facilities not previously identified as
being qualified for relocation at the FOOT's expense shall not invalidate this Agreement.
k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans
Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner
determined by the FOOT.
I. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or
publicly owned rail corridor under and pursuant to the Utility Permit (oendino)
(Note: It is the intent of this line to allow either attachment of or separate reference to the permit).
2. Performance of Utility Work
a. The FOOT shall incorporate the Plans Package into its contract for construction of the Project.
b. The FOOT shall procure a contract for construction of the Project in accordance with the FOOT's
requirements.
c. If the portion of the bid of the contractor selected by the FOOT which is for performance of the Utility
Work exceeds the FOOT's official estimate for the Utility Work by more than ten percent (10%) and
the FOOT does not elect to participate in the cost of the Utility Work pursuant to Section
337.403(1}(b}, Florida Statutes, the UAO may elect to have the Utility Work removed from the
FOOT's contract by notifying the FOOT in writing within ten (10) days from the date that the UAO is
notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of
Page 2 of9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTiliTIES
10104
the Project by the FOOT's contractor.
d. If the UAO elects to remove the Utility Work from the FOOT's contract in accordance with
Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and
conditions of the FOOT's standard relocation agreement, the terms and conditions of which are
incorporated herein for that purpose by this reference, and in accordance with the contingency
relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with
the Utility Work so as to cause no delay to the FOOT or the FOOT's contractor in constructing the
Project.
e. The UAO shall perform all engineering inspection, testing, and monitoring ofthe Utility Work to insure
that it is properly performed in accordance with the Plans Package, except for the following activities:
N/A and will furnish the FOOT with daily diary records showing approved quantities and amounts for
weekly, monthly, and final estimates in accordance with the format required by FOOT procedures.
f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in
accordance with Subparagraph 2. e., the FOOT will perform all contract administration for its
construction contract.
g. The UAO shall fully cooperate with the FOOT and the FOOT's contractor in all matters relating to the
performance of the Utility Work.
h. The FOOT's engineer has full authority over the Project and the UAO shall be responsible for
coordinating and cooperating with the FOOT's engineer. In so doing, the UAO shall make such
adjustments and changes in the Plans Package as the FOOT's engineer shall determine are
necessary for the prosecution of the Project.
I. The UAO shall not make any changes to the Plans Package after the date on which the FOOT's
contract documents are mailed to Tallahassee for advertisement of the Project unless those changes
fall within the categories of changes which are allowed by supplemental agreement to the FOOT's
contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the
change or the timing of the change, shall be subject to the prior approval of the FOOT.
3. Cost of Utility Work
a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any
adjustments or changes to the Utility Work determined by the FOOT's engineer to be necessary,
including, but not limited to the cost of changing the Plans Package and the increase in the cost of
performing the Utility Work, unless the adjustments or changes are necessitated by an error or
omission of the FOOT. The UAO shall not be responsible for the cost of delays caused by such
adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a.
b. The initial estimate of the cost of the Utility Work is $400.000. At such time as the FOOT prepares its
official estimate, the FOOT shall notify the UAO of the amount of the official estimate for the Utility
Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within
which to accept the official estimate for purposes of making deposits and for determining any possible
contribution on the part of the FOOT to the costofthe Utility Work, or to elect to have the Utility Work
removed from the FOOT's contract and performed separately pursuant to the terms and conditions
set forth in Subparagraph 2. d. hereof.
c. At least Fourteen <H..) calendar days prior to the date on which the FOOT advertises the Project for
bids, the UAO will pay to the FOOT an amount equal to the FOOT's official estimate; plus .Q% for
administrative costs of field work, tabulation of quantities, Final Estimate processing and Project
accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10%
of the official estimate for a contingency fund to be used as hereinafter provided for changes to the
Utility Work during the construction of the Project (the Contingency Fund).
Page 3 of 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Fonn No. 710-010-22
UTILITIES
10104
d. Payment of the funds pursuant to this paragraph will be made (choose one):
D directly to the FOOT for deposit into the State Transportation Trust Fund.
[8J as provided in the attached Memorandum of Agreement between UAO, FOOT and the
State of Florida, Department of Financial Services, Division of Treasury. Deposits of less
than $100,000.00 must be pre-approved by the Department of Financial Services and
FOOT Comptroller's Office prior to execution of this agreement.
e. If the portion of the contractor's bid selected by the FOOT for performance of the Utility Work exceeds
the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in
accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding
FOOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work
from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FOOT or
prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FOOT to
bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus
Allowances and 10% Contingency Fund. The FOOT will notify the UAO as soon as it becomes
apparent the accepted bid amount plus allowances and contingency is in excess of the advance
deposit amount; however, failure of the FOOT to so notify the UAO shall not relieve the UAO from its
obligation to pay for its full share of project costs on final accounting as provided herein below. In the
event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the
additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on
deposit, the UAO shall have sixty (60) calendar days from notification from the FOOT to pay the
additional amount, regardless of when the accepted bid is posted.
f. If the accepted bid amount plus allowances and contingency is less than the advance deposit
amount, the FOOT will refund the amount that the advance deposit exceeds the bid amount, plus
allowances and contingency if such refund is requested by the UAO in writing and approved by the
Comptroller of the FOOT or his designee.
g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will
be notified by the FOOT accordingly. The UAO agrees to provide, in advance of the additional work
being performed, adequate funds to ensure that cash on deposit with the FOOT is sufficient to fully
fund its share of the project costs. The FOOT shall notify the UAO as soon as it becomes apparent
the actual costs will overrun the award amount; however, failure of the FOOT to so notify the UAO
shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting
as provided herein below.
h. The FOOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The
Contingency Fund may be used for increases in the cost of the Utility Work which occur because of
quantity overruns or because of adjustments or changes in the Utility Work made pursuant to
Subparagraph 2. h. Prior to using any of the Contingency Fund, the FOOT will obtain the written
concurrence of the person delegated that responsibility by written notice from the UAO. The
delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses
to provide written concurrence promptly and the FOOT determines that the work is necessary, the
FOOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of
Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO
shall, within fourteen (14) calendar days from notification from the FOOT, pay to the FOOT an
additional 10% of the total obligation of the UAO for the cost of the Utility Work established under
Subparagraph 3. e. for future use as the Contingency Fund.
I. Upon final payment to the Contractor, the FOOT intends to have its final and complete accounting of
all costs incurred in connection with the work performed hereunder within three hundred sixty (360)
days. All project cost records and accounts shall be subject to audit by a representative of the UAO
Page 4 of 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Fonn No. 710-010-22
UTiliTIES
10/04
for a period of three (3) years after final close out of the Project. The UAO will be notified of the final
cost. Both parties agree that in the event the final accounting of total project costs pursuant to the
terms of this agreement is less than the total deposits to date, a refund of the excess will be made by
the FOOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final
accounting of total project costs is greater than the total deposits to date, the UAO will pay the
additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to
pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not
paid within the time specified in the preceding sentence until the invoice is paid.
4, Claims Against UAO
a. The UAO shall be responsible for all costs incurred as a result of any delay to the FOOT or its
contractors caused by errors or omissions in the Plans Package (including inaccurate location of the
Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely
manner.
b. In the event the FOOT's contractor provides a notice of intent to make a claim against the FOOT
relating to the Utility Work, the FOOT will notify the UAO of the notice of intent and the UAO will
thereafter keep and maintain daily field reports and all other records relating to the intended claim.
c. In the event the FOOT's contractor makes any claim against the FOOT relating to the Utility Work,
the FOOT will notify the UAO of the claim and the UAO will cooperate with the FOOT in analyzing and
resolving the claim within a reasonable time. Any resolution of any portion of the claim directly
between the UAO and the FOOT's contractor shall be in writing, shall be subject to written FOOT
concurrence and shall specify the extent to which it resolves the claim against the FOOT.
d. The FOOT may withhold payment of surplus funds to the UAO until final resolution (including any
actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited
to actual claim payments made by the FOOT to the FOOT's contractor.
5. Out of Service Facilities
No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following
terms and conditions shall apply to Facilities placed Out-of-Service:
a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service
Facilities.
b. The FOOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a
breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FOOT
in accordance with the provisions of Subparagraph e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in
accordance with any and all applicable local, state or federal laws and regulations and in accordance
with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely
responsible for gathering all information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to,
records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly
respond to information requests of the FOOT or other permittees using or seeking use of the right of
way.
e. The UAO shall remove the Facilities at the request of the FOOT in the event that the FOOT
determines that removal is necessary for FOOT use of the right of way or in the event that the FOOT
Page 5 of 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10/04
determines that use of the right of way is needed for other active utilities that cannot be otherwise
accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and
without any right of the UAO to object or make any claim of any nature whatsoever with regard
thereto. Removal shall be completed within the time specified in the FOOT's notice to remove. In the
event that the UAO fails to perform the removal properly within the specified time, the FOOT may
proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403
and 337.404, Florida Statutes.
f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall
forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FOOT
for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the
right of way. Said costs shall include, but shall not be limited to, charges or expenses which may
result from the future need to remove the Facilities or from the presence of any hazardous substance
or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to
require the UAO to indemnify the FOOT for the FOOT's own negligence; however, it is the intent that
all other costs and expenses of any nature be the responsibility of the UAO.
6. Default
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of
the following options, provided that at no time shall the FOOT be entitled to receive double recovery of
damages:
(1) Terminate this Agreement if the breach is material and has not been cured within sixty (60)
days from written notice thereof from FOOT.
(2) Pursue a claim for damages suffered by the FOOT.
(3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments
until the breach is cured. The right to withhold shall be limited to actual claim payments
made by FOOT to third parties.
(4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the
FOOT or the public against payments due under this Agreement for the same Project. The
right to offset shall be limited to actual claim payments made by FOOT to third parties.
(5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT
property if the breach is material and has not been cured within sixty (60) days from written
notice thereof from FOOT.
(6) Pursue any other remedies legally available.
(7) Perform any work with its own forces or through contractors and seek repayment for the cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of
the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within sixty (60)
days from written notice thereof from the UAO.
(2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this
Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices.
Page 6 of 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Fonn No. 710-010-22
UTILITIES
10/04
(3) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other
agreements between the parties nor from any statutory obligations that either party may have with regard
to the subject matter hereof.
7. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement to
the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event
beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly
notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
8. Indemnification
FOR GOVERNMENT-OWNED UTILITIES,
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the
performance of the Agreement, whether direct or indirect, and whether to any person or property to which
FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will
be liable under this section for damages arising out of the injury or damage to persons or property directly
caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the
performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FOOT will immediately forward the claim to the
UAO. The UAO and the FOOT will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FOOT
will determine whether to require the participation of the UAO in the def~nse of the claim or to require the UAO
to defend the FOOT in such claim as described in this section. The FOOT's failure to notify the UAO of a
claim shall not release the UAO from any of the requirements of this section. The FOOT and the UAO will pay
their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party
participates in the defense of the claim at trial, that party is responsible for all costs.
FOR NON-GOVERNMENT-OWNEO UTILITIES,
The UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees
from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,
whether direct or indirect, and whether to any person or property to which FOOT or said parties may be
subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for
damages arising out of the injury or damage to persons or property directly caused by or resulting from the
negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FOOT's option, to participate
and associate with the FOOT in the defense and trial of any damage claim or suit and any related settlement
negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FOOT's notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The
UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the
Page 7 of9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10/04
UAO is not liable or determines the FOOT is solely negligent. Only a final adjudication of judgment finding the
FOOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs
and fees related to this obligation and its enforcement by the FOOT. The FOOT's delay in notifying the UAO
of a claim shall not release UAO of the above duty to defend.
9. Miscellaneous
a. Time is of essence in the performance of all obligations under this Agreement.
b. The Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans
Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO
shall not be obligated to protect or maintain any of the Facilities to the extent the FOOT's contractor
has that obligation as part of the Utility Work pursuant to the FOOT's specifications.
c. The FOOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the UAO in conjunction with this Agreement.
d. This Agreement constitutes the complete and final expression of the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, or negotiations with
respect thereto, except that the parties understand and agree that the FOOT has manuals and written
policies and procedures which may be applicable at the time of the Project and the relocation of the
Facilities.
e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to
be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining
portions hereof.
f. All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by
the end of five business days from the proper sending thereof unless proof of prior actual receipt is
provided. The UAO shall have a continuing obligation to notify each District of the FOOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
If to the UAO:
Mr. Bruce Griffin, Gas Program Coordinator
400 N. Myrtle Avenue
Clearwater, FL 33755
If to the FOOT:
Mr. John M. Kubler, District Utility Administrator, FDOT
11201 N. McKinley Drive, MS 7-820
Tampa, FL 33612-6456
10. Certification
This document is a printout of an FOOT form maintained in an electronic format and all revisions thereto by
the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes
To Form Document and no change is made in the text of the document itself. Hand notations on affected
portions of this document may refer to changes reflected in the above-named Appendix but are for reference
purposes only and do not change the terms of the document. By signing this document, the UAO hereby
represents that no change has been made to the text of this document except through the terms of the
appendix entitled Changes to Form Document.
Page 8 of9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Form No. 710-010-22
UTILITIES
10104
You MUST signify by selecting or checking which of the following applies:
o No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Documenf' is attached.
C8J No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: Clearwater Gas System
BY: (Sianature)
DATE:
(Typed Name: See ADDendix
(Typed Title:
)
Recommend Approval by the District Utility Office
BY: (Signature)
DATE:
FDOT Legal review
BY: (Signature)
DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature)
DATE:
(Typed Name: Scott W. Collister. P.E.. CPCM)
(Typed Title: Director of TransDortation DeveloDment)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY:
DATE:
(Typed Name: ->
(Typed Title: ->
Page 9 of 9
APPENDIX
State of Florida Department of Transportation
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
CHANGES TO FORMS DOCUMENT
FPID: 256890-1-56-02
1. Page 9 of 9, following "IN WITNESS WHEREOF... year ftrst within."
Add the following signature blocks following the "Utility.. .(Typed Title)" blank:
Countersigned:
City of Clearwater, Florida
By:
William B. Home, II
City Manager
Frank Hibbard
Mayor
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this , day of ,
200_, by and between the State of Florida, Department of Transportation, hereinafter
referred to as "FDOr' and the State of Florida, Department of Financial Services, Division
of Treasury and (Clearwater Gas System) hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "FDOT" is currently constructing the following project:
Financial Project Number: 256890-1-56-02
County: Pinellas
hereinafter referred to as the "Project".
NOTE: ONLY THE NEXT TWO PARAGRAPHS MAY BE MODIFIED AS APPROPRIATE
WITHOUT PRIOR APPROVAL OF FDOrS COMPTROLLER.
WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement
dated , wherein DOT agreed to perform certain work on behalf of the
Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the
best interest of -the FDOT and the Participant to establish an interest bearing escrow
account to provide funds for the work performed on the Project on behalf of the Participant
by the FDOT.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
1. An initial deposit in the amount of $400,000(Four hundred thousand dollars)
will be made by the Participant into an interest bearing escrow account established by the
FDOT for the purposes of the project. Said escrow account will be opened with the
Department of Financial Services, Division of Treasury, Bureau of Collateral Management
on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will
be an asset of FDOT.
2. Other deposits will be made only by the Participant as necessary to cover the
cost of additional work prior to the execution of any Supplemental Agreements.
3. All deposits shall be made payable to the Department of Financial Services,
Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate
processing at the following address:
Florida Department of Transportation
Office of Comptroller
605 Suwannee Street
Mail Station 42-B
Tallahassee, Florida 32399
ATTN: LFA Section
A copy of this Agreement should accompany any deposits. When the check is
mailed to Tallahassee, the District Office should instruct the Participant to mail
the District Office a copy of the check.
4. The FDOTs Comptroller and/or her designees shall be the sole signatories on
the escrow account with the Department of Financial Services and shall have sole authority
to authorize withdrawals from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated in
the escrow account shall remain in the account for the purposes of the project as defined
in the LFA.
6. The Department of Financial Services agrees to provide written confirmation
of receipt of funds to the FDOT.
7. The Department of Financial Services further agrees to provide periodic
reports to the FDOT,
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF TREASURY
PARTICIPANT SIGNATURE
William B. Horne II
PARTICIPANT NAME & TITLE
PARTICIPANT ADDRESS
FEDERAL EMPLOYER J.D. NUMBER
\1..9: \?~
tet
City Council
Ag~!1da cOv~!..,Memorand~,~
Tracking Number: 1,729
Actual Date: 01/19/2006
Subject I Recommendation:
Adopt Resolution 05-49, changing the rate of dock fees charged yacht repair facilities located at
Island Estates.
Summary:
SUMMARY:
Boat repair/brokers in Clearwater, operating out of waterfront facilities, are struggling to
remain in business because of significantly increased taxes due to marinas and boat yards
consistently being assessed at a best use of residential/condominium. At the same time, marina
tenants and local boaters are calling for the City do something to keep boat storage and repair
facilities in business.
With the recent trend of boat storage and repair facilities being sold for condo development,
both the County and cities are being asked to implement certain policy decisions to try to prevent
further losses of and encourage the development or retention of public boat access and yacht
repair facilities.
City Council approved the five-year Marine & Aviation business plan at the September 19,
2003 Council meeting. Included in that plan were 5% rate increases for commercial and
recreational boat dockage fees every other year through 2008. Except for a 40% rate increase
applied to non-Clearwater recreational boaters on October 1, 2004, with 10% increases each of
the remaining years of the business plan, the rate structure has remained as originally approved
by Council.
It is proposed the commercial resident rate charged for yacht repairs at Island Estates be
reduced from $234.83 to $176.14, and for commercial non-resident yacht repairs from $271.53 to
$205.49. There are seven (7) slips that would be affected by this rate change, which would
decrease revenues to the Marina fund by $4,929,96 per year. No budget adjustment is needed
due to this change.
Originatina: Marine and Aviation
Section: Other items on City Manager Reports
Cateaorv: Agreements/Contracts - without cost
Public Hearina: No
Financial Information:
Review Aooroval
Bill Morris
11-02-2005
13:50:02
Rod Irwin
12-21-2005
10:49:37
Brvan Ruff
11-16-2005
15:36:48
~&..t'Im} ..t t~er.
u~
City Council
Agenda Cov~r_~.!!!!.oranc!!!m
Bill Horne
01-18-2006 10:00: 19
Cyndie Goudeau
01-18-2006 10:57:22
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item #
Meeting Date:
12/15/05
SUBJECT/RECOMMENDATION:
Approve Resolution 05-49, changing the rate of dock fees charged yacht repair facilities located at Island Estates.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
Yacht repair/brokers in Clearwater, operating out of waterfront facilities are struggling to remain in
business due to increasing tax burden based on the highest and best use designation of their property.
With current tax assessments based on the idea of highest and best use, marinas and boatyards are
consistently being assessed as if the best use is residential/condominium. This has led to dramatic
increases in annual property taxes; while marina tenants and local boaters are crying out that the City do
something to keep yacht repairs in business.
With the recent trend of boat storage and repair facilities selling out to condo development, both the
County and cities are being asked to implement certain policy decisions to try to prevent further losses
of and encourage the development or retention of public boat access and yacht repair facilities. (See
the attached document for suggested policy decisions from the Pinellas County Boating Access Task
Force.)
City Council approved the five-year Marine & Aviation business plan at the September 19, 2003
Council meeting. Included in that plan were 5% rate increases for commercial and recreational boat
dockage fees every other year through 2008. Except for a 40% rate increase applied to non-Clearwater
recreational boaters on October 1, 2004, with 10% increases each of the remaining years of the
business plan, the rate structure has remained as originally approved by Council.
Council permitting, we would like to change the commercial resident rate charged for yacht repairs
at Island Estates from $234.83 to $176.14, and for the commercial non-resident yacht repairs from
$271.53 to $205.49. There are seven (7) slips that would be affected by this rate change, which would
decrease revenues to the Marina fund by $4,929.96. No budget adjustment is needed due to this
change. We hope by using the lowest rate already established by Council for commercial tenants, we
would do our part to help offset the tax burden and keep the yacht repair facility in business.
Suggested policy decisions from the Pinellas County Boating Access Task Force
Pinellas County
Boating Access Task Force
At the Pinellas County Boating Access Task Force meeting on August 4, 2005, it was
suggested that policy decisions the County and cities need to consider together include...
Moratorium - that the County will not accept development applications that convert or
eliminate a water-dependent use.
Tax Deferral Ordinance - The criteria for a Tax Deferral Program are found in House Bill
HB 955. Some of the requirements include direct access to a location over, on or
adjacent to a navigable body of water and must provide access for water-dependent
commercial or recreational activities to a navigable body of water. Any county may
adopt an ordinance to allow for these deferrals so long as they are in accordance with
the guidelines of this bill. The property owner must file an annual application with the
county.
No Net loss Policy - Policy is for lands which have an existing zoning designation of
Waterfront General Commercial (WGC), or an existing marina or boatyard operation not
be converted to permanent residential use unless additional land equally or more
suitable for the same type of marine waterfront commercial use in location and size, can
be and is converted to a designation of marine waterfront commercial. lands that have
an existing zoning designation other than WGC, and are not used for existing marina or
boatyard operation, shall not be subject to the "no net loss" policy.
Waterfront Overlay - The idea of developing a land use overlay or special zoning district
to specifically recognize the water-dependent use and purpose of a property (ies) or
district could help stave off aggressive redevelopers who are interested in residential
uses and/or tourist accommodations. The identification and protection of Working
Waterfront overlay or district could provide the justification for some tax relief.
Purchase Development Rights - An appropriate partnership agreement to benefit both
the seller and the County. The net result would be continuation of the commercial
marina operation.
2
RESOLUTION NO. 05-49
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING A CHANGE IN RATE
STRUCTURE FOR YACHT REPAIRS ON ISLAND
ESTATES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida ("City") wishes to encourage the
retention of boat repair facilities in Clearwater; and,
WHEREAS, the few remaining waterfront yacht repair/brokers in Clearwater
operating out of limited waterfront are struggling under increasing tax burden based on
the highest and best use designation of their property; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. City Council authorizes the change of rate structure for commercial
resident yacht repair on Island Estates from $234.83 to $176.14, and for commercial
non-resident yacht repair on Island Estates from $271.53 to $205.49.
Section 2. This resolution shall take effect immediately upon adoption.
day of
,2005.
PASSED AND ADOPTED this
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05-49
CLEARWATER MUNICIPAL MARINA
New Rates for FY 05/06 effective Oct. 1. 2005
PRIVATE TENANTS
Resident (per ft, per mo) $4.58 same
Non-Resident (per ft, per mo) $7.55 10% inc.
COMMERCIAL TENANTS
R NR
4 Passengers $ 249.52 $ 286.20 same
6 Passengers $ 293.55 $ 337.59 same
7 to 19 Passengers $ 337.59 $ 388.95 same
20 to 39 Passengers $ 366.93 $ 425.64 same
40 to 69 Passengers $ 477.00 $ 550.39 same
70 to 89 Passengers $ 580.71 $ 671.96 same
90 to 100 Passengers $ 663.67 $ 763.22 same
101 to 160 Passengers $ 730.03 $ 846.18 same
161 and over $ 1,194.61 $ 1,360.52 same
Parasail $ 683.73 $ 793.13 same
Multi vessel - small $ 293.55 $ 337.59 same
Multi vessel - large $ 366.93 $ 425.64 same
Yacht broker - seawall $ 293.55 $ 337.59 same
Yacht broker - multi vessel $ 510.51 $ 587.10 same
Yacht repairs -Island Estates $ 234.83 $ 271 same
Mooring buoys - Island Estates $ 462.34 $ 535.73 same
High & Dry - Island Estates $ 176.14 $ 205.49, same
Commercial fishing - small $ 234.83 $ 271.53 same
Commercial fishing - large $ 440.32 $ 506.36 same
Bareboat charter $ 183.47 $ 212.81 same
OFFICE/STORAGE RENT
Per square foot monthly charge $ 4.97 same
TRANSIENT DOCKAGE
DAIL Y per foot, per day $ 1.75 same
WEEKLY per foot, per week $ 6.80 same
MONTHY per foot, per month $ 21.15 same
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City Attorney's Office
Memorandum
TO:
Honorable Mayor and City Council
FROM:
Pamela K. Akin, City Attorney
RE:
Ad Valorem Tax Deferral for Recreational and Commercial Working
Waterfront Property
DATE:
January 6, 2006
Pursuant to your request, I have reviewed Florida Statutes Sec. 197.303 et. seq. relating
to ad valorem tax deferral for recreational and commercial working waterfront properties.
These provisions were created by the legislature in the 2005 session. They provide the
authority for the County Commission or a municipality to adopt an ordinance which would
allow ad valorem tax deferrals for recreational and commercial working waterfront
properties if the owners are engaged in the operation, rehabilitation, or renovation of such
properties in accordance with the guidelines established by the statute.
The term "recreational and commercial working waterfront" is defined as follows:
a parcel or parcels of real property that provide access for water-
dependent commercial activities or provide access for the public to the
navigable waters of the state. Recreational and commercial working
waterfronts require direct access to or a location on, over, or adjacent to a
navigable body of water. The term includes water-dependent facilities that
are open to the public and offer public access by vessels to the waters of
the state or that are support facilities for recreational, commercial,
research, or governmental vessels. These facilities include docks, wharfs,
lifts, wet and dry marinas, boat ramps, boat hauling and repair facilities,
commercial fishing facilities, boat construction facilities, and other support
structures over the water.
The statute has numerous conditions and limitations, which may make utilization of such
provisions of limited value to the property owner. It is important to note that this is a
<;? deferral of taxes, not an abatement or freezing of taxes. The taxes continue to accrue
and constitute a lien on the property. In addition, the taxes accrue interest at a rate equal
to the semi-annual compounded rate of one half of one percent plus the average yield
maturity of the long term fixed income portion of the Florida Retirement System
investments as of the end of the quarter preceding the date of the sale of the deferred tax
payment certificate. However, the interest may not exceed 9.5%. For example, last year
the interest rate would have been 5.51%. Additionally, a deferral may not be granted if
the total amount of the deferred taxes, non-ad valorem assessments and interest, plus
~
the total amount of all other unsatisfied liens on the property (which would include
mortgages) exceeds 85% of the assessed value of the property or if the primary financing
of the property is for an amount that exceeds 70% of the assessed value. The deferred
taxes become due upon changes in ownership in the property or change of use of the
property. If at any time the total amount of the deferred taxes, interest and all other
unsatisfied liens on the property exceeds 85% of the assessed value of the property, the
amount of the taxes and interest which exceeds 85% of the assessed value of the
property is due and payable within 35 days of notice to the property owner.
From the City's perspective, the ordinance would be fairly straightforward. The City would
identify the type and location of working waterfront property for which deferral may be
granted. The deferrals would apply only to taxes levied by the City, and would not apply
to taxes or non ad valorem assessments levied for the payment of bonds or general
obligation bonds. The ordinance would also identify the period of time for which the
deferral is granted. Once the City adopts the ordinance, the decision on eligibility for the
deferral and the administration of the process is the responsibility the county tax collector
and not the City. The criteria for granting the approval are laid out within the statute. In
the event the City wishes to implement this ordinance, we could do it effective the next tax
year.
I have consulted with the County Attorney's Office and was informed the County is not
interested in adopting such an ordinance at this time. Further, the Attorney representing
the Tax Collector is not aware of any municipality in Pinellas adopting such an ordinance.
PKA/gmd
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City Council
Agenda Cover Memorandum
\d.W\
Tracking Number: 1,784
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Resolution 06-01 and authorize appropriate City officials to execute Subordination of
Utility Interests agreements regarding Florida Department of Transportation ("FDOT") parcels
102.04 and 700.04, WPI/SEG 4149981 as same may be respectively encumbered by easement
conveyed to the City by WAL-MART STORES, INC. as recorded in O. R. Book 8406, Pages
939-942, and beneficial City interests in easements described in the plat of SAM'S CLUB
CLEARWATER, as recorded in Plat Book 116, Pages 80-81,Pinellas County public records.
Summary:
The FDOT continues its multi-year work program to create a 30-mile, six-lane, continuous
controlled access road with overpasses at major intersections and parallel frontage roads
between Gandy Boulevard and the Pasco County line.
During final quarter of 2006 FDOT will commence an interim intersection project at S. R. 60 and
U. S. 19. It will include dual left turn lanes both eastbound and westbound S. R. 60 and an
exclusive right turn lane for eastbound traffic. S. R. 60 medians will be modified from Old
Coachman Road to Park Place Boulevard, and frontage roads will be reconstructed to allow
northbound and southbound traffic through the intersection.
The City has a blanket water main and ingress/egress easement for refuse and garbage
collections and City utility vehicles over all of lands within the plat of SAM'S CLUB CLEARWATER
at the southwest corner of Gulf to Bay Boulevard and U. S. 19. The plat dedicates various
additional utility easements as well.
In order to facilitate the intersection improvements, FDOT has requested the City subordinate its
easement rights to FDOT with respect to project parcel 102.04, Parts A and B, containing a
combined area of 1.203 acres, more or less, and project parcel 700.04, a temporary construction
easement (TCE) containing 2800 square feet, more or less. City subordination to FDOT with
regard to this parcel will terminate coincident with the TCE.
Upon subordinating City easements rights to FDOT, the City agrees to accept FDOT control over
the subordinated portions of the easements, and comply with FDOT standards established in its
Utility Accommodation Manual for any present or future transportation faCility project. FDOT
covenants to bear any excess costs the City may incur to maintain or relocate its facilities as a
result of subordinating its rights for the subject project and future FDOT projects. The City and
FDOT will determine and establish such excess costs for each speCific project by separate
agreement.
A copy of Resolution 06-01 and eacch subordination agreement is available for review in the
Office of Official Records and Legislative Services.
Originating: Engineering
Section Other items on City Manager Reports
Category: Agreements/Contracts - without cost
Number of Hard Copies attached: 1
Public Hearing: No
,.
_I
City Council
Agenda Cover Memorandum
Advertised Dates: 01/08/2006
Financial Information:
Review Approval
Michael Ouillen
Garrv Brumback
Laura Lioowski
Bill Horne
Cyndie Goudeau
12-27-2005 10:29:32
01-05-2006 15:27:06
01-03-2006 09:02: 16
01-07-2006 14:55:15
01-09-2006 08:31:55
~e.', t~~ 4"3
RESOLUTION NO 06-01
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, OWNER
AND HOLDER OF CERTAIN EASEMENT INTERESTS MORE
PARTICULARLY DESCRIBED IN O.R. BOOK 8406, PAGE 939 AND IN
THE PLAT OF SAM'S CLUB CLEARWATER AS RECORDED IN PLAT
BOOK 116, PAGES 80 AND 81, ALL IN THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, SUBORDINATING CERTAIN CITY
INTERESTS THEREIN TO THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, FOR THE PURPOSE OF CONSTRUCTING,
RECONSTRUCTING AND MAINTAINING HIGHWAY IMPROVEMENTS
TO S. R. 55, AUTHORIZING APPROPRIATE CITY OFFICIALS TO
EXECUTE THE SUBORDINATION OF UTILITY INTERESTS
AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Department of Transportation (herein the "DOT"),
proposes to reconstruct, construct and maintain a 1.06 mile segment of S. R. 55 from
south of Seville Boulevard to just north of S. R. 60 (herein, the "Project"); and,
WHEREAS, the City is owner and holder of the herein described blanket water
main and ingress/egress easement and additional easements set forth and encumbering
the plat of Sam's Club Clearwater as recorded in Plat Book 116, Page 80 and 81, public
records of Pinellas County, Florida ("Sam's Club"); and,
WHEREAS, it is necessary that the City's above described easernent interests as
same now encumber Lot 1 of said Sam's Club plat, be subordinated to the DOT in order
to facilitate the Project; and
WHEREAS, the DOT has applied to the City to subordinate to the DOT certain
rights, title and interest that the City has in the referenced easements as same now
encumbers said Lot 1 of Sam's Club, subject to the rights being reserved to the. City as
described in the subordination agreements; and,
WHEREAS, Section 2.01 (d)(5) of the City Charter authorizes the conveyance of
City property to another governmental entity without referendum approval, without
competitive bidding, and for less than appraised value, and the application by the DOT
has been duly considered by the City Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Resolution No. 06-01
Section 1 The application by the DOT for the subordination of City-owned
easement interests described in that certain easement instrument dated April 28,1993 as
recorded in O. R. Book 8406, Page 939, and additional easements set forth and
encumbering the plat of Sam's Club Clearwater as recorded in Plat Book 116, Pages 80
and 81, all in the public records of Pinellas County, Florida, subject to the reservation of
rights by the City as set forth in the Subordination of Utility Interest Agreements
("Agreements"), is found and declared to be for a valid public purpose within the meaning
of the City Charter.
Section 2 The Mayor, City Manager and City Clerk, are authorized to execute the
subordination of utility interests agreements with the DOT in the form attached hereto as
EXHIBIT "A", subordinating the rights, title and interests of the City in and to the real
property described therein to the DOT, in consideration of the premises and mutual
covenants contained in said agreement, and subject to the reservation of rights by the
City as set forth therein.
Section 3 The parcel for which Subordination of City Utility Interests Agreement
to be executed by the Mayor-Commissioner upon adoption of this Resolution is
summarized as follows:
PARCEL : 102.04 and 700.04
WPI/SEG : 414998
S. R. NO. : 55
COUNTY : PINELLAS
SECTION : 15150-xxxx
MANAGING DISTRICT: SEVEN
Section 4 This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006.
Frank V. Hibbard, Mayor
Approved as to form:
Attest:
1ff-
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Laura 'Lipowski, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
Resolution No. 06-01
WPIS 4149981
STATE ROAD 55
PINELLAS COUNTY
DESCRIPTION
PARCEL 102
RIGHT OF WAY
That part of Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat Book
116, Page 80 of the Public Records of Pinellas County, Florida, lying
in the Southeast 1/4 of Section 18, Township 29 South, Range 16 East,
being more particularly described as follows:
PART "A"
COMMENCE at the Northwest corner of said Lot 1, SAM'S CLUB CLEARWATER,
as recorded in Plat Book 116, Page 80, same also being the Southwest
corner of Lot 1, THE REGENCY, as recorded in Plat Book 85, Page 18 of
the Public Records of Pinellas County, Florida; thence along the
common line between said SAM'S CLUB CLEARWATER and said THE REGENCY
the following two (2) courses: 1) S 89040'52" E, 180.00 feet to the
Southeast corner of said Lot 1, THE REGENCY; 2) N 01003'36" E, 133.50
feet to the POINT OF BEGINNING, said point being 77.50 feet South of
the Survey Line of State Road 60 and the North line of the Southeast
1/4 of said Section 18, Township 29 South, Range 16 East, Pinellas
County, Florida; thence continue N 01003'36" E, along said common
line, 27.50 feet to the existing South right of way line of said State
Road 60, also known as the North line of said Lot 1, SAM'S CLUB
CLEARWATER; thence along said existing South right of way line the
following two (2) courses: 1) S 89041'14" E, 275.80 feet; 2)
S 83057'51" E, 53.62 feet to the Northwest corner of Lot 2, said SAM'S
CLUB CLEARWATER; thence S 00022'56" W, along the West line of said Lot
2, a distance of 22.19 feet; thence N 89040'52" W, 329.48 feet to the
said POINT OF BEGINNING.
Containing 8919 square feet, more or less.
AND
PART "B"
COMMENCE at the Southwest corner of Lot 1, SAM'S CLUB CLEARWATER, as
recorded in Plat Book 116, Page 80 of the Public Records of Pinellas
County, Florida; thence along the Southerly and Easterly lines of said
Lot 1 the following three (3) courses: 1) S 89018'19" E, 499.95 feet;
2) N 01003'27" 'E, 200.00 feet; 3) S 89018'00" E, 215.61 feet to the
POINT OF BEGINNING; thence continue S 89018' 00" E, along the said
Southerly line, 59.05 feet to the existing West right of way line of
State Road 55 (US Highway 19) per Section 15150-2512; thence along
said existing West right of way line the following two (2) courses: 1)
N 02026'33" E, 143.24 feet; 2) N 01038'04" E, 101.95 feet to a point
on a parcel of land defined as a Drainage Easement Area (Parcel 300),
as recorded in Official Records Book 3579, Page 250 of the Public
Records of Pinellas County, Florida; thence along said Drainage
Easement Area the following three (3) courses: 1) N 89040'52" W, 13.00
feet; 2) N 01038'04" E, 13.50 feet; 3) S 89040'52" E, 13.00 feet to a
point on the aforementioned existing West right of way line of State
Road 55 (US Highway 19); thence along said existing West right of way
line for the following two (2) courses: 1) N 01038'04" E, 84.46 feet;
2) N 01003'37" E, 85.58 feet to a point on a parcel of land defined as
a Drainage Easement Area (Parcel 300), as recorded in Official Records
Book 3579, Page 250 of the Public Records of Pine lIas County, Florida;
thence along said Drainage Easement Area the following three (3)
courses: 1) N 88056'23" W, 13.00 feet; 2) N 01003'37" E, 15.00 feet;
3) S 88056'23" E, 13.00 feet to a point on the aforementioned existing
West right of way line of State Road 55 (US Highway 19); thence
N 01003'37" E, along said existing ~est right of way line, 342.26 f~et
to the Southeast corner of Lot 2, said SAM'S CLUB CLEARWATER; thence
N 89041'27" W, along the South line of said Lot 2, a distance of 20.85
feet to a point on a non-tangent CURVE concave westerly and having a
radius of 3809.72 feet; thence along the arc of said curve 107.86 feet
through a central angle of 01 037' 20" , chord bearing S 03004' 48" W,
107.85 feet; thence N 88056'21" W, 6.26 feet to a point on a non-
tangent curve concave westerly and having a radius of 3803.46 feet;
thence along the arc of said curve 77.14 feet through a central angle
of 01009'43", chord bearing S 04028'20" W, 77.14 feet; thence
S 88056'21" E, 4.26 feet to a point on a non-tangent curve concave
westerly and having a radius of 3807.72 feet; thence along the arc of
said curve 94.21 feet through a central angle of 01 025' 03", chord
bearing S 05045'41" W, 94.21 feet to a point of reverse curvature with
a curve concave easterly and having a radius of 3831.72 feet; thence
along the arc of said curve 196.60 feet through a central angle of
02056'23", chord bearing S 04059'56" W, 196.57 feet; thence
N 88056'21" W, 3.00 feet to a point on a non-tangent curve concave
easterly and having a radius of 3834.72 feet; thence along the arc of
said curve 65.04 feet through a central angle of 00058' 18" , chord
bearing S 03002'36" W, 65.04 feet; thence N 88056'21" W,' 5.50 feet to
a point on a non-tangent curve concave easterly and having a radius of
3840.22 feet; thence along the arc of said curve 100.01 feet through a
central angle of 01029'32", chord bearing S 01048'14" W, 100.01 feet
to a point of tangency; thence S 01003'39" W, 146.25 feet to the said
POINT OF BEGINNING.
Containing 0.822 acres, more or less.
PARTS "A" and "B" having a combined area of 1.026 acres, more or less.
WPIS 4149981
STATE ROAD 55, PINELLAS COUNTY
PARCEL 102
GULF TO BAY BLVD.
THE
REGENCY
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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CHEaCED BY WPIS 4149981 STATE ROAD 55
E. BARRETT PINELLAS COUNTY
PARCEL 102
PART "A- and PART -B-
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WPIS 4149981
STATE ROAD 55
PINELLAS COUNTY
DESCRIPTION
PARCEL 700
TEMPORARY CONSTRUCTION EASEMENT
That part of Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat Book
116, Page 80 of the Public Records of Pinellas County, Florida, lying
in the Southeast 1/4 of Section 18, Township 29 South, Range 16 East,
being more particularly described as follows:
COMMENCE at the Northwest corner of said Lot 1, SAM'S CLUB CLEARWATER,
as recorded in Plat Book 116, Page 80, same also being the Southwest
corner of Lot 1, THE REGENCY, as recorded in Plat Book 85, Page 18 of
the Public Records of Pinellas County, Florida; thence along the
common line between said SAM'S CLUB CLEARWATER and said THE REGENCY
the following two (2) courses: 1) S 89040'52" E, 180.00 feet to the
Southeast corner of said Lot 1, THE REGENCY; 2) N 01003'36" E, 133.50
feet to the POINT OF BEGINNING, said point being 77.50 feet South of
the Survey Line of State Road 60 and the North line of the Southeast
1/4 of said Section 18, Township 29 South, Range 16 East, Pinellas
County, Florida; thence S 89040'52" E, parallel with said Survey Line,
70.00 feet; thence S 01003' 36" W, 40.00 feet; thence N 89040' 52" W,
70.00 feet to the said common line between SAM'S CLUB CLEARWATER and
THE REGENCY; thence N 01003'36" E, along said common line, 40.00 feet
to the said POINT OF BEGINNING.
Containing 2800 square feet, more or less.
WPIS 4149981
STATE ROAD 55, PINELLAS COUNTY
PARCEL 700
GULF TO BAY BLVD.
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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D. KING
a<mcEIl BY WPIS 4149981 STATE ROAD 55 SHEET
E. BARRETT PINELLAS COUNTY 1 OF 1
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PARCEL 700 1B-29S-16E
ORDINANCE
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11/08/2005
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This instrument prepared by,
or under the direction of
RICHARD R. VICKERS
DISTRICT SEVEN GENERAL COUNSEL
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
E X H I BIT " A "
PARCEL 700.04
WPI/SEG 4149981
S . R . NO.: 55
COUNTY PINELLAS
SECTION : 15150-XXXX
MANAGING DISTRICT: SEVEN
Legal Description Approved:
Date: 08/12/05 By: Brad R. Gerswick
UTL.04
SUBORDINATION OF CITY UTILITY INTERESTS
THIS AGREEMENT, entered into by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, and the City of CLEARWATER, Florida, a
municipal corporation, a Utility Agency Organization, hereinafter called the UAO.
WIT N E SSE T H:
WHEREAS, the UAO presently has an interest in certain real property that is needed for
a transportation facility; and
WHEREAS, the proposed use of the real property requires subordination of the UAO's
interest to the FDOT; and
WHEREAS, the FDOT is willing to participate in the cost of locating, protecting,
~djusting or removing the UAO's facilities if necessary to prevent conflict between the UAO's
facilities and the transportation facility;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FDOT and the UAO hereby agree as follows:
1. The UAO hereby subordinates to the interest of FDOT, its successors, or assigns, any
and all interest the UAO has in the real property described as follows:
That part of Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat Book 116, Page 80 of the
Public Records of Pinellas County, Florida, lying in the Southeast 1/4 of Section 18,
Township 29 South, Range 16 East, being more particularly described as follows:
PARCEL 700.04
PAGE 1
COMMENCE at the Northwest corner of said Lot 1, SAM'S CLUB CLEARWATER, as recorded in Plat
Book 116, Page 80, same also being the Southwest corner of Lot 1, THE REGENCY, as recorded in
Plat Book 85, Page 18 of the Public Records of Pinellas County, Florida; thence along the
common line between said SAM'S CLUB CLEARWATER and said THE REGENCY the following two (2)
courses: 1) S 89040'52" E, 180.00 feet to the Southeast corner of said Lot 1, THE REGENCY; 2)
N 01003'36" E, 133.50 feet to the POINT OF BEGINNING, said point being 77.50 feet South of
the Survey Line of State Road 60 and the North line of the Southeast 1/4 of said Section 18,
Township 29 South, Range 16 East, Pinellas County, Florida; thence S 89040'52" E, parallel
with said Survey Line, 70.00 feet; thence S 01003'36" W, 40.00 feet; thence N 89040'52" W,
70.00 feet to the said common line between SAM'S CLUB CLEARWATER and THE REGENCY; thence
N 01003'36" E, along said common line, 40.00 feet to the said POINT OF BEGINNING.
Containing 2800 square feet, more or less.
The interest of the UAO being subordinated hereby includes, but is not necessarily limited
to, the interest created by the following document:
INSTRUMENT OATE FROM TO OR Bk/Pg
EASEMENT 04/28/93 WAL-MART STORES, CITY OF CLEARWATER 8406/939
INC.
2. The UAO shall continue to have all rights under the UAO's real property interest
document identified above, except that the use of the real property shall be subject to the
control of the FOOT pursuant to paragraph 3 hereof.
3. The FOOT shall have the right to control the UAO's use of the real property interest
created by the document identified above in the following manner:
a. The FOOT may require, for any present or future transportation facility project,
that any facilities of the UAO be located, protected, adjusted, or removed as the FOOT
determines is necessary (including the timing of any of such activities) to accommodate
the transportation facility project. The UAO shall have the right to engage in
additional protective measures during the transportation facility project beyond what
the FOOT determines is necessary, provided that the cost of any such additional
protective measures shall be borne by the UAO.
b. The UAO shall operate and maintain the UAO's facilities located on the real
property in accordance with FOOT standards as set forth in the FOOT=s then current
Utility Accommodation Manual.
c. Any placement of new facilities or adjustment, upgrading, removal, or relocation
of the UAO's facilities proposed by the UAO shall be subject to the prior approval of
the FOOT as provided in and under the conditions of the FOOT's then current Utility
Accommodation Manual. Approval will be granted through the issuance of a utility
permit.
4. In the event the FOOT exercises it's rights under paragraph 3 hereof and the exercise
of those rights creates costs over and above what the UAO would normally have incurred had
this subordination not been executed, the FOOT will bear the excess costs. Excess costs shall
include, but not necessarily be limited to, damage to the UAO's facilities resulting from
PARCEL 700.04
PAGE 2
failure of FOOT's protective measures where the UAO has not elected to undertake additional
protective measures pursuant to subparagraph 3.a. hereof. The specific arrangement for FOOT
bearing the excess costs shall be by separate agreement.
5. IT is understood and agreed by the parties hereto that the rights granted herein shall
terminate upon completion of this transportation project, but no later than the last day of
any TCE in favor of the FOOT which encumbers the property described herein.
of
IN WITNESS WHEREOF, the FOOT has executed this agreement effective this
, 200___
day
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
WITNESS
PRINT NAME
By:
Director of Transportation Development for
District VII
PRINT NAME
ADDRESS:
SCOTT W. COLLISTER. P.E. CPCM
11201 N. Malcolm McKinley Dr.
Tampa, Florida 33612
WITNESS
PRINT NAME
Legal Review
By:
District Counsel
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 200___, by SCOTT W. COLLISTER, DIRECTOR OF TRANSPORTATION DEVELOPMENT
for District ~, who is personally known to me or who has produced as
identification.
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
Serial No., if any:
PARCEL 700.04
PAGE 3
IN WITNESS WHEREOF, the UAO has caused these presents to be executed in its name by
its City Manager, countersigned by its Mayor, attested by its City Clerk, and its official
seal hereto affixed, effective this day of , 2006.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Prank V. Hibbard, Mayor
By:
William B. Horne, II, City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the
City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the
execution thereof to be his free act and deed for the use and purposes herein set forth, and
who is personally known to me.
WITNESS my hand and official seal this _____ day of
, 2006.
Notary Public - State of Florida
Print/type name:
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II, City Manager of
the City of Clearwater, Florida, who executed the foregoing instrument and aCknOWledged the
execution thereof to be his free act and deed for the use and purposes herein set forth; and
who is personally known to me.
WITNESS my hand and official seal this _____ day of
, 2006.
Notary Public - State of Florida
Print/type name:
, to form:
PARCEL 700.04
PAGE 4
WPIS4149981
STATE ROAD 55, PINELLAS COUNTY
PARCEL 700
GULF TO BAY BLVD.
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City Council
Agenda Cover Memorand,!m
Tracking Number: 1,838
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Resolution 06-05 authorizing the City to support initiatives identified by the Florida League
of Cities during the 2006 Legislative Session.
Summary:
The Florida League of Cities Board of Directors has adopted a new initiative to enhance the
Legislature's awareness of the League's priority issues. This plan calls on each of Florida's cities
to adopt a resolution that supports the League's key priority issues.
These key issues were adopted by the League membership during the 2005 Legislative
Conference, held this past November: growth management, affordable housing, worker's
compensation system, and DUI fine distributions.
Oriainating: Official Rec and Legislative Svc
Section: Other items on City Manager Reports
Cateaorv: Other
Number of Hard Cooies attached: 1
Public Hearing: No
Financial Information:
Review Aoproval
Cvndie Goudeau
01-11-2006
11 :04: 15
Garrv Brumback
01-10-2006
08:37:53
Bill Horne
01-10-2006
13:26:07
(:) \Z..lJ:J.~ ~
'd.S
~
RESOLUTION NO. 06-05
A RESOLUTION OF THE CITY OF CLEARWATER,
URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT THE FOLLOWING
ISSUES DURING THE 2006 LEGISLATIVE
SESSION.
WHEREAS, as Florida's population continues to increase, cities are
challenged to meet the service demands and infrastructure needs to account for
new growth; and
WHEREAS, a majority of Florida's municipalities have experienced
negative impacts to the infrastructure, housing stock and employment base from
a series of natural disasters in the past two years; and
WHEREAS, the state has imposed greater accountability in
comprehensive planning and fiscal feasibility standards on municipalities; and
WHEREAS, Florida's municipalities are dependent on other governmental
entities for financial stability and presently the state, counties, and school
districts, control every funding source that has been authorized for implementing
growth management capital improvements and complying with concurrency
requirements; and
WHEREAS, municipal self-determination and local self-government are
constantly under attack from a variety of public and private interests; and
WHEREAS, the role and function of municipal government is constantly
evolving from new demands from its citizens and businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF
CLEARWATER:
Section 1. That the City of Clearwater urges Governor Jeb Bush and
members of the Florida Legislature to support legislation as part of a
comprehensive legislative reform package that:
. Preserves municipal autonomy and protects the fundamental right of
voluntary self-government.
. Provides municipalities alternative funding options for the purpose of
responding to impacts of declared disasters.
. Preserves municipal tools for community redevelopment and urban
revitalization.
Resolution 06-05
. Provides a dedicated and recurring revenue source for municipal
transportation projects.
. Preserves dedicated funding for local affordable housing programs.
. Provides for an equitable distribution of fines and fees from criminal
violations such as driving under the influence of alcohol or other chemical
substances.
. Provides a comprehensive and uniform workers' compensation system.
Section 2. That a copy of this resolution shall be provided to Governor Bush,
Senate President Tom Lee, House Speaker Allan Bense and members of the
Florida Legislature.
PASSED AND ADOPTED this
day of
,2005.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution 06-05
\ ~, \
~&. ... ..fm .~ att~er
u~
City Council
" As!!nda CO~!,!:~~emorandum
Trackina Number: 1,877
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Resolution 06-10, supporting the current makeup of the Tampa Bay Regional Planning
Council.
Summary:
The Office of Program Policy Analysis and Government Accountability (OPPAGA) was required by
last year's growth management legislation to report on realigning the boundaries of various
districts. OPPAGA has completed its report and has suggested Manatee County be moved from
the Tampa Bay Regional Planning Council(TBRPC) to the Southwest Florida Planning Council.
Manatee County and TBRPC are oppossed to this change due to Manatee County having more in
common with the Tampa Bay area in the areas of tourism and economic development than the
agricultural interests of the counties comprising the Southwest Planning Council. Manatee County
also shares environmental and water issues with the Tampa Bay area.
Oriainating: City Attorney
Section: City Attorney Reports
Category: Other
Public Hearing: No
Financial Information:
~ Other
Review Aooroval
Cvndie Goudeau
01-18-2006
11 :23:56
RESOLUTION NO. 06-10
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, SUPPORTING THE CURRENT MAKEUP OF THE
TAMPA BAY REGIONAL PLANNING COUNCIL; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Office of Program Policy Analysis and Government
Accountability (OPPAGA) was required by last year's growth-management law to
present a report on realigning the boundaries of the state's regional planning councils,
Department of Transportation districts, and water-management districts; and
WHEREAS, the report presented by OPPAGA has suggested that Manatee
County be moved from the Tampa Bay Regional Planning Council to the Southwest
Florida Planning Council; and
WHEREAS, Manatee County shares environmental and water issues with
Tampa Bay; and
WHEREAS, the Manatee County shares the interests of tourism and
industrial/commercial development with the Tampa Bay area as opposed to the farming
and cattle interests of the counties southeast of the Tampa Bay area which are included
in the Southwest Florida Planning Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That the City of Clearwater supports the current makeup of the Tampa
Bay Regional Planning Council and urges Governor Jeb Bush and the legislature to oppose any
legislation to realign its boundaries.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 06-10
\~.)
~~
u~
City Council
A.sen~!~._~_~ver Memora ndul!!._
Trackina Number: 1,878
Actual Date: 01/19/2006
Subject / Recommendation:
Adopt Resolution 06-12, regarding outdoor advertising and highway beautification; urging the
Pinellas delegation to oppose legislation that further impairs the authority of local governments to
regulate billboards and undertake highway beautification projects and creates a new statutory
cause of action against local governments, garden clubs and others for highway beautification.
Summary:
House Bill 273 and Senate Bill 566, filed for consideration in the 2006 State Legislative Session,
contain language which would restrict the ability of local governments and community
organizations to undertake highway beautification projects by creating view zones larger than
those currently mandated. These bills also create a new statutory cause of action for damages
should a beautification project screen a billboard; mandate a local government to permit
increased height of billboards where noise-attenuation barriers are erected or compensate the
sign owner, even if the Florida Department of Transportation is the agency erecting the barrier.
The City of Clearwater has a long and successful history of improving the aesthetics of the
community, including the conrol of the visual impact of oversize signs. The resolution urges the
Pinellas County Legislative Delegation to work against these bills.
Originating: City Attorney
Section: City Attorney Reports
Category: Other
Public Hearing: No
Financial Information:
~ Other
Review Aooroval
Cvndie Goudeau
01-18-2006
11 :39:45
_'IH<I'Ultl.li__M_
RESOLUTION NO. 06-12
A RESOLUTION REGARDING OUTDOOR ADVERTISING AND
HIGHWAY BEAUTIFICATION; URGING THE PINELLAS
DELEGATION TO OPPOSE LEGISLATION THAT FURTHER
IMPAIRS THE AUTHORITY OF LOCAL GOVERNMENTS TO
REGULATE BILLBOARDS AND UNDERTAKE HIGHWAY
BEAUTIFICATION PROJECTS AND CREATES A NEW STATUTORY
CAUSE OF ACTION AGAINST LOCAL GOVERNMENTS, GARDEN
CLUBS AND OTHERS FOR HIGHWAY BEAUTIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has been designated a Tree City, USA; and
WHEREAS, Clearwater has completed beautification of highway medians on
Gulf-to-Bay Boulevard and other roads for the enjoyment of resident citizens and tourist
visitors with the results as illustrated in Attachment "A"; and
WHEREAS, Clearwater has an over twenty year history of controlling the visual
impact of oversize signs and has defended these rights vigorously in courts of law; and
WHEREAS, House Bill 273 and Senate Bill 566 contain language which would:
(a) restrict the ability of local governments and community
organizations to undertake highway beautification projects by
severely limiting use of the public right-of-way through the
creation of view zones in excess of those currently mandated by
Florida Statutes;
(b) create a new statutory cause of action for damages against
local governments and community organizations for screening
of billboards due to highway beautification projects, without
even any requirement for prior notice of the conditions leading
to the claim for damages;
(c) a mandate that local governments must issue permits to
increase the height of billboards where noise-attenuation
barriers are erected; and
(d) requiring local governments who refuse to issue such permits to
compensate the sign owner, even where the noise-attenuation
barrier is erected by the Florida Department of Transportation;
and
WHEREAS, the mandated view zones for billboards amount to a statutorily
mandated easement on public property for the benefit of billboard sign owners, with no
compensation to the state or local government for such de facto easement; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Resolution No. 06-12
Section 1: The City of Clearwater does hereby express its opposition to House
Bill 273 and Senate Bill 566, or similar legislation.
Section 2: The City of Clearwater urges the Pinellas Legislative Delegation to
work against House Bill 273 and Senate Bill 566, or similar legislation.
Section 3: The City Clerk is directed to send copies of this Resolution to
members of the Pinellas Legislative Delegation, the Governor, the Florida League of
Cities and the Suncoast League of Cities.
PASSED AND ADOPTED this
day of
,2006.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pam Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 06-12
Attachment "A" - Gulf-to-Bay Boulevard September 1988 and March 2002
Resolution No. 06-12
DRAFT - 1/06/05
~D~-~
\~.\
ORDINANCE NO. 7546-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO BEACH BY DESIGN: A
PRELIMINARY DESIGN FOR CLEARWATER BEACH AND
DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE
LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT
BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS,
SETBACKS, LANDSCAPING AND PARKING ACCESS
ALLOWED IN THE DISTRICT; BY AMENDING SECTION II.
FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL
DISTRICT BY DELETING THE REFERENCE TO A L1VEIWORK
PRODUCT; BY AMENDING SECTIONS V.B AND VILA BY
CLARIFYING TRANSFER OF DEVELOPMENT RIGHT
PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall; and
WHEREAS, the public infrastructure and private improvements of Clearwater Beach
are a critical part contributing to the economic vitality of the Beach; and
WHEREAS, substantial improvements and upgrades to both the public infrastructure
and private improvements are necessary to improve the tourist appeal and citizen
enjoyment of the Beach; and
WHEREAS, the City of Clearwater has invested significant time and resources in
studying the Old Florida District of Clearwater Beach; and
WHEREAS, Beach by Design, the special area plan governing Clearwater Beach,
contains specific development standards and design guidelines for areas of Clearwater
Beach that need to be improved and/or redeveloped; and
WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and
was not reflective of the existing uses located in the Old Florida District of Clearwater
Beach, and
WHEREAS, Transfer of Development Rights (TDR) need further clarification in
Beach by Design; and
WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing
the Administration of the Countywide Future Land Use Plan, as amended, Section
2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the
Community Redevelopment District plan category, and said Section requires that a special
area plan therefore be approved by the local government; and
Ordinance No. 7546-06
DRAFT - 1/06/05
WHEREAS, the proposed amendment to Beach by Design has been submitted to
the Community Development Board acting as the Local Planning Authority (LPA) for the
City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly
noticed public hearing and found that amendments to Beach by Design are consistent with
the Clearwater Comprehensive Plan; and
WHEREAS, BBD was originally adopted on February 15, 2001 and subsequently
amended on December 13, 2001, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida"
District, is amended as follows:
A. The "Old Florida" District
The Old Florida District. which is the area between Acacia Street and Rockaway Street.
is an area of transition between resort uses in Central Beach to the low intensity
residential neighborhoods to the north of Acacia Street. Existing uses are gonorally tho
same as tho balance of the Boaoh. Howevor, tho soalo and intensity of tho area, ~Nith
rolativoly fa'.",' exceptions, is substantially less than comparablo areas to tho south.
The mix of uses primarily includes residential. recreational. overniaht accommodations
and institutional uses. Given the area's location and historical development patterns.
this area should continue to be a transitional district. To that end. Beach by Desian
supports the development of new overniaht accommodations and attached dwellinas
throuahout the District with limited retail/commercial development frontina Mandalay
Avenue between Bay Esplanade and Somerset Street. It also supports the continued
use and expansion of the various institutional and public uses found throuahout the
District.
To ensure that the scale and character of development in Old Florida provides the
desired transition between the adiacent tourist and residential areas. enhanced site
desian performance is a priority. Beach by Desian contemplates areater setbacks
and/or buildina stepbacks and enhanced landscapina for buildinas exceedina 35 feet in
heiaht. The followina reauirements shall apply to development in the Old Florida District
and shall supercede any conflictina statements in Section VII. Desian Guidelines or the
Community Development Code:
1. Maximum Buildina Heiahts.
a. Buildinas located on the north side of Somerset Street shall be permitted
a maximum buildina heiaht of 35 feet:
Ordinance No. 7546-06
DRAFT - 1/06/05
b. Buildinas located on the south side of Somerset Street and within 60 feet
of the southerly riaht-of-way line of Somerset Street shall be permitted a
maximum buildina heiaht of 50 feet: and
c. Property throuahout the remainder of the Old Florida District shall be
permitted a maximum buildina heiaht of 65 feet.
2. Minimum Reauired Setbacks.
a. A 15 foot front setback shall be reauired for all properties throuahout the
district. except for properties frontina on Mandalay Avenue. which may
have a zero (0) foot front setback for 80% of the property line: and
b. A ten (10) foot side and rear setback shall be reauired for all properties
throuahout the district. except for properties frontina on Mandalay Avenue.
which may have a zero (0) foot side setback and a ten (10) foot rear
setback.
3. Reauired Buildina Stepbacks or Alternative Increased Setbacks for Buildinas
Exceedina 35 Feet in Heiaht.
a. Buildina stepback means a horizontal shiftina of the buildina massina
towards the center of the buildina.
b. Any development exceedina 35 feet in heiaht shall be reauired to
incorporate a buildina stepback on at least one side of the buildina (at a
point of 35 feet) or provide an increased setback on at least one side of
the buildina in compliance with the ratios provided in Section A.3.f.
c. All properties (except those frontina on Mandalay Avenue) which have
their front on a road that runs east and west. shall provide a buildina
stepback on the front side of the buildina or an increased front setback in
compliance with the ratios provided in Section A.3.f.
d. All properties (except for properties frontina on Mandalay Avenue) which
have their front on a road that runs north and south. shall provide a
buildina stepback on the side of the buildina or an increased side setback
in compliance with the ratios provided in Section A.3.f.
e. Properties frontina on Mandalay Avenue must provide a buildina stepback
on the front side of the buildina or an increased front setback in
compliance with the ratios provided in Section A.3.f.
Ordinance No. 7546-06
DRAFT - 1/06/05
f. Steoback Ratios
(1) For orooerties frontina on streets that have a riaht-of-way width
less than 46 feet. the steoback or setback/heiaht ratio is one (1)
foot for every two (2) feet in buildina heiaht above 35 feet:
(2) For orooerties frontina on streets that have a riaht-of-way width
between 46 and 66 feet. the steoback or setback/heiaht. ratio is
one (1) foot for every two and one-half (2.5) feet in buildina heiaht
above 35 feet: and
(3) For orooerties frontina on streets that have a riaht-of-way width of
areater than 66 feet. the steoback or setback/heiaht ratio is one (1)
foot for every three (3) feet in buildina heiaht above 35 feet.
4. Flexibility of Setbacks/Steobacks for Buildinas in Excess of 35 Feet in Heiaht.
a. Setbacks
(1) Exceot for orooerties frontina on Mandalay Avenue. a maximum
reduction of five (5) feet from any reauired setback may be
oossible if the decreased setback results in an imoroved site olan.
landscaoina areas in excess of the minimum reauired and/or
imoroved desian and aooearance: and
(2) In all cases. a minimum five (5) foot unobstructed access must be
orovided alona the sides and rear of orooerties. exceot on the
sides of orooerties alona Mandalay Avenue where a zero foot
setback is oermissible: and
(3) Setbacks can be decreased at a rate of one (1) foot in reauired
setback oer one (1) foot in additional reauired steoback. if
desired: and
b. Steobacks
(1) A maximum reduction of five (5) feet from any reauired buildina
steoback may be oossible if the decreased buildina steoback
results in an imoroved site olan. landscaoina areas in excess of
the minimum reauired and/or imoroved desian and aooearance.
(2) Buildina steobacks can be decreased at a rate of one (1) foot in
steoback oer one (1) foot in additional reauired setback. if
desired.
Ordinance No. 7546-06
DRAFT - 1/06/05
5. Flexibility of Setbacks for Buildinas 35 Feet and Below in Heiaht.
a. A maximum reduction of ten (10) feet from any required front or rear
setback and a maximum reduction of five (5) feet from any side setback
may be possible if the decreased setback results in an improved site plan.
landscapina areas in excess of the minimum required and/or improved
desian and appearance: and
b. In all cases. a minimum five (5) foot unobstructed access must be
provided alona the sides and rear of properties. except on the sides of
properties alona Mandalay Avenue where a zero (0) foot setback is
permissible.
6. Landscape Buffers
a. A ten (10) foot landscape buffer is required alona the street frontaae of all
properties. except for that portion of a property frontina on Mandalay
Avenue: and
b. For that portion of a property frontina on Mandalay Avenue. a zero (0) foot
setback may be permissible for 80% of the property frontaae. The
remainina 20% property frontaae is required to have a landscaped area
for a minimum of five (5) feet in depth. The 20% may be located in
several different locations on the property frontaqe. rather than placed in
only one location on the property frontaae.
7. ParkinaNehicular Access
Lack of parkina in the Old Florida District may hinder revitalization efforts. A shared
parkina strateqy should be pursued in order to assist in redevelopment efforts.
For those properties frontina on Mandalay Avenue. off-street parkina access is
required from a side street or alley and not from Mandalay Avenue.
Tho mix of usos in tho District fa'lors residential more than othor parts of Clo::u\A.(ater
Boach and retail uses are orimarilv neighborhood servina uses. Given the area's
location and existina conditions. Beach bv Dssian contemplatos the renovation and
revitalization of oxistina impr-o':omonts with Iimitod now construction \AJhore renovation is
not practical. New sin~lo familv dwollinos and townhousos are the preferred form of
dovolopment. Densities in the area should be qenerallv limited to the density of existina
improvements and buildinq hoiaht should be low to mid riso in accordanco with tho
Community Development Coc:to. Lack of parkina in this aroa may hinder rovitolizotion
of existina improvements particularlv on Ba\' Esplanade. A shared parkina strateav
should be pursblod in order to assist revitalizations efforts.
***********
Ordinance No. 7546-06
DRAFT - 1/06/05
Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential"
District, is amended as follows:
******
In the event that lot consolidation under one owner does not occur, Beach by
Design contemplates the City working with the District property owners to issue a
request for proposal to redevelop the District in the consolidated manner identified
above. If this approach does not generate the desired consolidation and
redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in
order to facilitate development of a marina based neighborhood subject to property
owner support. If lot consolidation does not occur within the District, the maximum .
permitted height of development east of East Shore will be restricted to two (2)
stories above parking and between Poinsettia and East Shore could extend to four
(4) stories above parking. An additional story could be gainod in this areo if tho
proporty wos developed os 0 liveN:ork pFoduct.
******
Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section V. Catalytic Projects, Subsection B. Community
Redevelopment District Designation, is amended as follows:
******
Beach by Design recommends that the Comprehensive Plan of the City of
Clearwater be amended to designate central Clearwater Beach (from Acacia Street
to the Sand Key Bridge, excluding Devon Avenue and Bayside Drive) as a
Community Redevelopment District and that this Chapter of Beach by Design be
incorporated into the Comprehensive Plan and submitted for approval to the Pinellas
Planning Council (PPC) and the Pinellas County Commissioners sitting as the
Countywide Planning Authority. In addition, Beach by Design recommends that the
use of Transfer of Development Riahts {TDRs} under the provisions of the Design
Guidelines contained in Section VII of this Plan and the City's land development
regulations be encouraged within the Community Redevelopment District to achieve
the objectives of Beach by Design and the PPC Designation.
Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended
as follows:
******
The gross density of residential development shall not exceed 30 dwelling units per
acre, unless additional density is transferred from other property located on
Ordinance No. 7546-06
DRAFT - 1/06/05
Clearwater Beach and governed by Beach by Design. The minimum permitted
development potential of residential projects which use transfer of development
rights (TDRs) shall not be exceed by more than 20 percent. Ordinarily, resort
density will be limited to 40 units per acre. However, additional density can be
added to a resort either by TDRs or if by way of the provisions of the community
redevelopment district (CRD) designation. There shall be no limit on the amount of
density that can be received through TDRs for resort and/or overnight
accommodation uses provided such projects demonstrate compliance with the
provisions of this Plan, the Community Development Code and concurrency
requirements. Nonresidential density is limited by Pinellas County Planning Council
intensity standards. Transfer of Development Riahts is permitted for all projects to
assist development provided that both the sendina and receivina sites are located in
the area aoverned bv Beach bv Desian. Approval of Transfer of Development
Riahts on a site may allow an increase in the development potential in excess of the
maximum development potential of the site. The number of development riahts
transferred to any site is not limited. Prior to the approval of reauests for transfer of
development rights. the community development coordinator shall analvze the
impact the reauest will have. relative to the amount of density from both the sendina
and receivina parcels. infrastructure and the other provisions of Beach bv Desian.
Section 5. Beach by Design, as amended, contains specific development
standards and design guidelines for areas of Clearwater Beach that are in addition to
and supplement the Community Development Code; and
Section 6. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same; and
Section 7. It is the intention of the City Council that this ordinance and plan and
every provision thereof, shall be considered separable; and the invalidity of any section
or provision of this ordinance shall not affect the validity of any other provision of this
ordinance and plan; and
Section 8. 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:
Ordinance No. 7546-06
DRAFT - 1/06/05
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7546-06
Re. : \1). \
DRAFT - 1/18/05
ORDINANCE NO. 7546-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO BEACH BY DESIGN: A
PRELIMINARY DESIGN FOR CLEARWATER BEACH AND
DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE
LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT
BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS,
SETBACKS, LANDSCAPING AND PARKING ACCESS
ALLOWED IN THE DISTRICT; BY AMENDING SECTION II.
FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL
DISTRICT BY DELETING THE REFERENCE TO A L1VEIWORK
PRODUCT; BY AMENDING SECTIONS V.B AND VILA BY
CLARIFYING - TRANSFER OF DEVELOPMENT RIGHT
PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall; and
WHEREAS, the public infrastructure and private improvements of Clearwater Beach
are a critical part contributing to the economic vitality of the Beach; and
WHEREAS, substantial improvements and upgrades to both the public infrastructure
and private improvements are necessary to improve the tourist appeal and citizen
enjoyment of the Beach; and
WHEREAS, the City of Clearwater has invested significant time and resources in
studying the Old Florida District of Clearwater Beach; and
WHEREAS, Beach by Design, the special area plan governing Clearwater Beach,
contains specific development standards and design guidelines for areas of Clearwater
Beach that need to be improved and/or redeveloped; and
WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and
was not reflective of the existing uses located in the Old Florida District of Clearwater
Beach,and
WHEREAS, Transfer of Development Rights (TDR) need further clarification in
Beach by Design; and
WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing
the Administration of the Countywide Future Land Use Plan, as amended, Section
2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the
Community Redevelopment District plan category, and said Section requires that a special
area plan therefore be approved by the local government; and
Ordinance No. 7546-06
DRAFT - 1/18/05
WHEREAS, the proposed amendment to Beach by Design has been submitted to
the Community Development Board acting as the Local Planning Authority (LPA) for the
City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly
noticed public hearing and found that amendments to Beach by Design are consistent with
the Clearwater Comprehensive Plan; and
WHEREAS, BBD was originally adopted on February 15, 2001 and subsequently
amended on December 13, 2001, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida"
District, is amended as follows:
A. The "Old Florida" District
The Old Florida District. which is the area between Acacia Street and Rockaway Street.
is an area of transition between resort uses in Central Beach to the low intensity
residential neighborhoods to the north of Acacia Street. Existing uses are genemlly the
some os the bokmce of the Beach. Howo)Jor, the scale and intensity of tho area, 'Nith
relatively fe'.... exceptions, is substantially loss than comparable areas to tho south.
The mix of uses primarilv includes residential. recreational. overniaht accommodations
and institutional uses. Given the area's location and historical development patterns.
this area should continue to be a transitional district. To that end. Beach bv Desion
supports the development of new overniaht accommodations and attached dwellinas
throuahout the District with limited retail/commercial development frontina Mandalav
Avenue between Bav Esplanade and Somerset Street. It also supports the continued
use and expansion of the various institutional and public uses found throuahout the
District.
To ensure that the scale and character of development in Old Florida provides the
desired transition between the adiacent tourist and residential areas. enhanced site
desian performance is a priority. Beach bv Desian contemplates areater setbacks
and/or buildina stepbacks and enhanced landscapina for buildinas exceedina 35 feet in
heiaht. The followina reauirements shall applv to development in the Old Florida District
and shall supercede any conflictina statements in Section VII. Desian Guidelines or the
Community Development Code:
1. Maximum Buildina Heiahts.
a. Buildinas located on the north side of Somerset Street shall be permitted
a maximum buildina heiaht of 35 feet;
Ordinance No. 7546-06
DRAFT - 1/18/05
b. Buildinas located on the south side of Somerset Street and within 60 feet
of the southerly right-of-way line of Somerset Street shall be permitted a
maximum buildina heiaht of 50 feet: and
c. Property throuahout the remainder of the Old Florida District shall be
permitted a maximum buildina heiaht of 65 feet.
2. Minimum Reauired Setbacks.
a. A 15 foot front setback shall be reauired for all properties throuahout the
district. except for properties frontina on Mandalay Avenue. which may
have a zero (0) foot front setback for 80% of the property line: and
b. A ten (10) foot side and rear setback shall be reauired for all properties
throuahout the district. except for properties frontina on Mandalay Avenue.
which may have a zero (0) foot side setback and a ten (10) foot rear
setback.
3. Reauired Buildina Stepbacks or Alternative Increased Setbacks for Buildinas
Exceedina 35 Feet in Heiaht.
a. Buildina stepback means a horizontal shiftina of the buildina massina
towards the center of the buildina.
b. Any development exceedina 35 feet in heiaht shall be reauired to
incorporate a buildina stepback on at least one side of the buildina (at a
point of 35 feet) or provide an increased setback on at least one side of
the buildina in compliance with the ratios provided in Section A.3.f.
c. All properties (except those frontina on Mandalay Avenue) which have
their front on a road that runs east and west. shall provide a buildina
stepback on the front side of the buildina or an increased front setback in
compliance with the ratios provided in Section A.3.f.
d. All properties (except for properties frontina on Mandalay Avenue) which
have their front on a road that runs north and south. shall provide a
buildina stepback on the side of the buildina or an increased side setback
in compliance with the ratios provided in Section A.3.f.
e. Properties frontina on Mandalay Avenue must provide a buildina stepback
on the front side of the buildina or an increased front setback in
compliance with the ratios provided in Section A.3.f.
Ordinance No. 7546-06
DRAFT - 1/18/05
f. Stepback Ratios
(1) For properties frontinq on streets that have a riqht-of-way width
less than 46 feet. the stepback or setback/height ratio is one (1)
foot for every two (2) feet in buildinq heiqht above 35 feet;
(2) For properties frontinq on streets that have a riqht-of-way width
between 46 and 66 feet. the stepback or setback/heiaht ratio is one
(1) foot for every two and one-half (2.5) feet in buildinq heiaht
above 35 feet; and
(3) For properties frontina on streets that have a riaht-of-way width of
areater than 66 feet. the step back or setback/heiaht ratio is one (1)
foot for every three (3) feet in buildina heiqht above 35 feet.
4. Flexibility of Setbacks/Stepbacks for Buildinas in Excess of 35 Feet in Heiaht.
a. Setbacks
(1) Except for properties frontina on Mandalay Avenue. a maximum
reduction of five (5) feet from any required setback may be
possible if the decreased setback results in an improved site plan.
landscapina areas in excess of the minimum required and/or
improved desian and appearance: and
(2) In all cases. a minimum five (5) foot unobstructed access must be
provided alonq the sides and rear of properties. except on the
sides of properties alona Mandalay Avenue where a zero foot
setback is permissible: and
(3) Setbacks can be decreased at a rate of one (1) foot in reauired
setback per one (1) foot in additional required stepback. if
desired: and
b. Stepbacks
(1) A maximum reduction of five (5) feet from any required buildina
stepback may be possible if the decreased buildinq stepback
results in an improved site plan. landscapina areas in excess of
the minimum required and/or improved desian and appearance.
(2) Buildinq step backs can be decreased at a rate of one (1) foot in
stepback per one (1) foot in additional required setback. if
desired.
Ordinance No. 7546-06
DRAFT - 1/18/05
5. Flexibilitv of Setbacks for Buildinas 35 Feet and Below in Heiaht.
a. A maximum reduction of ten (10) feet from any reauired front or rear
setback and a maximum reduction of five (5) feet from any side setback
may be possible if the decreased setback results in an improved site plan.
landscapina areas in excess of the minimum reauired and/or improved
desian and appearance: and
b. In all cases. a minimum five (5) foot unobstructed access must be
provided alona the sides and rear of properties. except on the sides of
properties alona Mandalav Avenue where a zero (0) foot setback is
permissible.
6. Landscape Buffers
a. A ten (10) foot landscape buffer is reauired alona the street frontaae of all
properties. except for that portion of a property frontina on Mandalav
Avenue: and
b. For that portion of a property frontina on Mandalav Avenue. a zero (0) foot
setback may be permissible for 80% of the property frontaae. The
remainina 20% property frontaae is reauired to have a landscaped area
for a minimum of five (5) feet in depth. The 20% may be located in
several different locations on the property frontaae. rather than placed in
onlv one location on the property frontaae.
7. ParkinaNehicular Access
Lack of parkina in the Old Florida District may hinder revitalization efforts. A shared
parkina strateav should be pursued in order to assist in redevelopment efforts.
For those properties frontina on Mandalav Avenue. off-street parkina access is
reauired from a side street or allev and not from Mandalav Avenue.
The mix of uses in the District favors residential more than other parts of Clearwater
Beach and retail uses are primarilv neighbor:hood servina uses. Given the area's
location and existina conditions. Boach bv Desian contemplates the renovation and
revitalization of existina improvements with limited now construction whom renovation is
not practical. New sinale family d'llellinas and townhouses am the preferred form of
development. Densities in the area should be aenerallv limited to tho donsitv of existina
improvements and buildina height should be low to mid rise in accordance with the
Community De'lolopment Code. Lack of parkina in this aroa may hindor revitalization
of existina improvements particularlv on Bav Esplanade. A shared parkina strateav
should be pursued in or:der to assist re'Jitnlizations efforts.
***********
Ordinance No. 7546-06
DRAFT - 1/18/05
Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential"
District, is amended as follows:
******
In the event that lot consolidation under one owner does not occur, Beach by
Design contemplates the City working with the District property owners to issue a
request for proposal to redevelop the District in the consolidated manner identified
above. If this approach does not generate the desired consolidation and
redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in
order to facilitate development of a marina based neighborhood subject to property
owner support. If lot consolidation does not occur within the District, the maximum
permitted height of development east of East Shore will be restricted to two (2)
stories above parking and between Poinsettia and East Shore could extend to four
(4) stories above parking. An additional &tory could bo gained in this mea if the
property was de)Jeloped as a li).'ol'.\'ork J}roduct.
******
Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section V. Catalytic Projects, Subsection B. Community
Redevelopment District Designation, is amended as follows:
******
Beach by Design recommends that the Comprehensive Plan of the City of
Clearwater be amended to designate central Clearwater Beach (from Acacia Street
to the Sand Key Bridge, excluding Devon Avenue and Bayside Drive) as a
Community Redevelopment District and that this Chapter of Beach by Design be
incorporated into the Comprehensive Plan and submitted for approval to the Pinellas
County Planning Council (PPC) and the Pinellas County Commissioners sitting as
the Countywide Planning Authority. In addition, Beach by Design recommends that
the use of Transfer of Develooment Riahts {TDRs} under the provisions of the
Desion Guidelines contained in Section VIII of this Plan and the City's land
development regulations be encouraged within the Community Redevelopment
District to achieve the objectives of Beach by Design and the PPC Designation.
Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended
as follows:
Ordinance No. 7546-06
DRAFT - 1/18/05
A. Density
The gross density of residential development shall not exceed 30 dwelling units per
acre, unless additional density is transferred from other property locations located on
Clearwater Beach and aoverned by Beach by Desian. The maximum permitted
development potential of residential proiects which use transfer of development
rights (TDRs) shall not be exceeded by more than 20 percent. Ordinarily, resort
density will be limited to 40 units per acre. However, additional density can be
added to a resort either by tronsforr-od development rights TDRs or if by way of the
provisions of the community redevelopment district (CRD) designation. There shall
be no limit on the amount of density that can be received throuah TDRs for resort
and/or overnioht accommodation uses provided such proiects demonstrate
compliance with the provisions of this Plan. the Community Development Code and
concurrency reauirements. Nonresidential density is limited by Pinellas County
Planning Council intensity standards.
Section 5. Beach by Design, as amended, contains specific development
standards and design guidelines for areas of Clearwater Beach that are in addition to
and supplement the Community Development Code; and
Section 6. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same; and
Section 7. It is the intention of the City Council that this ordinance and plan and
every provision thereof, shall be considered separable; and the invalidity of any section
or provision of this ordinance shall not affect the validity of any other provision of this
ordinance and plan; and
Section 8. 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:
Ordinance No. 7546-06
DRAFT - 1/18/05
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7546-06
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