02/03/2014
WORK SESSION AGENDA
Council Chambers - City Hall
2/3/2014 - 1:00 PM
1. Presentations
1.1Police Officer Oaths
Attachments
2. Economic Development and Housing
2.1Continue to February 20, 2014: Approve the Business Maintenance and Continued Performance
Agreement with MarineMax, Inc., which establishes certain conditions including capital investment, new
job creation, minimum annual average wage thresholds for new employees, and other considerations as
required by the City’s enactment authority and reflected in Ordinance 8535-14, and authorize the
appropriate officials to execute same. (consent)
Attachments
3. Financial Services
3.1Approve settlement of the liability claim of Mr. Jameel Zabadi for payment of $57,500 and authorize the
appropriate officials to execute same. (consent)
Attachments
4. Marine and Aviation
4.1Approve renewal of the Clearwater Community Sailing Association (CCSA) Management Agreement,
for five years, for the total sum of $78,000, plus annual Consumer Price Index (CPI) increases and
authorize the appropriate officials to execute same. (consent)
Attachments
5. Parks and Recreation
5.1Approve the First Amendment to Revocable License Agreement between the City and Emerald Coast
Bungee, Inc., to clarify language regarding sales tax provisions and employee background screening, and
authorize the appropriate officials to execute same. (consent)
Attachments
5.2Declare the 2001 Barber Beach Rake (G2376) and the 2008 John Deere Tractors (G3549 and G3550),
surplus to the needs of the City to be used for trade in value to purchase a new Barber Beach Rake and
Tractors to maintain Clearwater Beach. (consent)
Attachments
5.3Approve that a Restrictive Covenant be placed upon certain city-owned land, requiring that the land and
associated improvements, commonly known as Ruth Eckerd Hall, be used as a cultural facility for ten
years from the effective date of an underlying grant agreement between Ruth Eckerd Hall, Inc. and the
State of Florida, Department of State, Division of Cultural Affairs (FDCA) for the Cultural Facilities
Grant in the amount of $500,000 for the renovation of the Murray Studio Theatre at Ruth Eckerd Hall,
and authorize the appropriate officials to execute same. (consent)
Attachments
5.4Approve the grant of an Ingress/Egress Easement to Taub Entities, LLC, providing for pedestrian access
over and across certain beach property westward of 1590 Gulf Blvd., Clearwater, with the recording of
said easement being subject to the City taking fee simple title to the subject property; and authorize the
appropriate officials to execute same. (consent)
Attachments
6. Police
6.1Approve the use of the $87,000 from the City of Clearwater’s General Fund Reserves to support the
overtime expenses related to Human Trafficking Investigations. (consent)
Attachments
7. Engineering
7.1No item
Attachments
7.2Approve the conveyance of a Distribution Easement be granted to Duke Energy for the installation of
electrical facilities to provide service to a production well at Del Oro Park, to be executed and recorded at
such time as the as-built location of such facilities is available; and authorize the appropriate officials to
execute same. (consent)
Attachments
7.3Accept a Drainage and Utilities Easement conveyed by the owner of real property located at 619 S.
Gulfview Boulevard over a portion of said property. (consent)
Attachments
7.4Award a construction contract to All American Concrete, Incorporated of Largo, Florida, for Woodlawn
Terrace Floodplain Storage (11-0028-EN) in the amount of $855,233.60, which is the lowest responsible
bid received in accordance with plans and specifications including $27,400 for alternate bid items;
approve Southwest Florida Water Management District (SWFWMD) Cooperative Funding Agreement;
approve Engineer of Record (EOR) Supplemental Work Order to King Engineering in the amount of
$51,386 for limited Construction Engineering Services (CES) and authorize the appropriate officials to
execute same. (consent)
Attachments
8. Planning
8.1Approve a Future Land Use Map amendment from the Residential/Office General (R/OG) classification
to the Commercial General (CG) and Residential/Office/Retail (R/O/R) classifications and a Zoning
Atlas amendment from the Office (O) District to the Commercial (C) District for property located at
18820, 18830, 18840, 18850, and 18860 US Highway 19 and portion of 18946 US Highway 19
(consisting of a portion of Section 19, Township 29 South, Range 16 East), and pass Ordinances 8512-14
and 8513-14 on first reading. (LUP2013-10006 and REZ2013-10006)
Attachments
8.2Approve a Future Land Use Map amendment from the Recreation/Open Space (R/OS) classification to
the Institutional (I) classification and a Zoning Atlas amendment from the Open Space/Recreation
(OS/R) District to the Institutional (I) District for property located at 2650 Sabal Springs Drive
(consisting of a portion of Section 29. Township 28 South, Range 16 East), and pass Ordinances 8514-14
and 8515-14 on first reading. (LUP2013-08005 and REZ2013-08004)
Attachments
8.3Provide direction on the proposed Development Agreement between Marquesas, LLC (the property
owner) and the City of Clearwater, providing for the allocation of up to 93 units from the Hotel Density
Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before
City Council on February 20, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-
12008)
Attachments
9. Official Records and Legislative Services
9.1Encourage local retailers who sell tobacco products to cease the sale and marketing of flavored tobacco
products within the City of Clearwater and adopt Resolution 14-07.
Attachments
10. Legal
10.1Continue Second Reading of Ordinance 8512-14 to February 20, 2014. (LUP2013-10006/REZ2013-
10006)
Attachments
10.2Continue Second Reading of Ordinance 8513-14 to February 20, 2014. (LUP2013-10006/REZ2013-
10006)
Attachments
10.3Continue Second Reading of Ordinance 8514-14 to February 20, 2014. (LUP2013-08005/REZ2013-
08004)
Attachments
10.4Continue Second Reading of Ordinance 8515-14 to February 20, 2014. (LUP2013-08005/REZ2013-
08004)
Attachments
10.5Continue Second Reading of Ordinance 8535-14 to February 20, 2014: Approving for MarineMax, Inc.
an exemption from certain ad valorem taxation.
Attachments
10.6Adopt Ordinance 8527-14 on second reading, annexing certain real property whose post office address is
1944 Macomber Avenue, together with all abutting right-of-way of Macomber Avenue, into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
Attachments
10.7Adopt Ordinance 8528-14 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 1944 Macomber Avenue, together with all abutting right-of-way of Macomber Avenue, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Attachments
10.8Adopt Ordinance 8529-14 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 1944 Macomber Avenue, together with all abutting right-of-
way of Macomber Avenue, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Attachments
10.9Adopt Ordinance 8530-14 on second reading, annexing certain real property whose post office addresses
are 1819 Carlton Drive, 2743/2745 South Drive, 2751/2753 South Drive, 2718 Woodring Drive, 2715
Woodring Drive, 1801 Skyland Drive, 1881 Diane Drive, 2719 Morningside Drive, 2725 Morningside
Drive, 1761 Owen Drive, 1753 Lucas Drive and 1750 Evans Drive, together with certain abutting rights-
of-way of Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans Drive, into the
corporate limits of the city and redefining the boundary lines of the city to include said addition.
Attachments
10.10Adopt Ordinance 8531-14 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
addresses are 1819 Carlton Drive, 2743/2745 South Drive, 2751/2753 South Drive, 2718 Woodring
Drive, 2715 Woodring Drive, 1801 Skyland Drive, 1881 Diane Drive, 2719 Morningside Drive, 2725
Morningside Drive, 1761 Owen Drive, 1753 Lucas Drive and 1750 Evans Drive, together with certain
abutting rights-of-way of Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans
Drive, upon annexation into the City of Clearwater, as Residential Low (RL), Residential Medium (RM),
Preservation (P), and Drainage Feature Overlay.
Attachments
10.11Adopt Ordinance 8532-14 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office addresses are 1819 Carlton Drive, 2743/2745 South Drive, 2751/2753
South Drive, 2718 Woodring Drive, 2715 Woodring Drive, 1801 Skyland Drive, 1881 Diane Drive, 2719
Morningside Drive, 2725 Morningside Drive, 1761 Owen Drive, 1753 Lucas Drive and 1750 Evans
Drive, together with certain abutting rights-of-way of Morningside Drive, Woodring Drive, Diane Drive,
South Drive and Evans Drive, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR) Medium Density Residential (MDR), and Preservation (P).
Attachments
11. City Manager Verbal Reports
11.1Pinellas County Water Supply Upgrade
Attachments
12. Closing Comments by Mayor
13. Adjourn
14. Presentation(s) for Council Meeting
14.1Outback Bowl Presentation - Kevin Smith, Director, St.Petersburg/Clearwater Sports Commission; and
Chuck Riggs, Chairman, Outback Bowl Beach Day Committee
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Police Officer Oaths
SUMMARY:
Richard James Edmonds
Francisco Miguel Micheo, Jr.
Adam Mckendree Wall
Adrian Phillip Washington
Review Approval:
Cover Memo
Item # 1
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Continue to February 20, 2014: Approve the Business Maintenance and Continued Performance Agreement with MarineMax, Inc.,
which establishes certain conditions including capital investment, new job creation, minimum annual average wage thresholds for new
employees, and other considerations as required by the City’s enactment authority and reflected in Ordinance 8535-14, and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
On January 16, 2014, City Council will pass on second reading Ordinance 8535-14 granting for MarineMax, Inc. an
Economic Development Ad Valorem Tax Exemption (ED AVTE) of 50% of the increase in tangible personal taxes for a
period of 5 years beginning in Tax Year 2014 through Tax Year 2018.
In accordance with the City’s enactment authority granting ED AVTE, all businesses approved for ED AVTE must execute a
Business Maintenance and Continued Performance Agreement, which establishes requirements for maintenance of
operations and performance measurements in effect during the term of the Exemption.
Performance measurements, including job creation, wage verification, and evidence of capital investment (including
purchases of furniture, fixtures and equipment) are elements of the agreement and are reviewed annually with required
submittal of an annual report. In addition, the Agreement also includes conditions for Council revocation should the
Company fail to meet the obligations of the agreement.
Project Overview
Headquartered in Clearwater, MarineMax is the nation’s largest recreational boat and yacht retailer selling new and used
recreational boats and related marine products and services. Currently located at 18167 US Highway 19 North, MarineMax
proposes an expansion and relocation of its Corporate Headquarters to 2600 McCormick Drive.
The company plans to invest approximately $2.0 million in new furniture, fixtures, and office and computer equipment and
will add 30 new employees over a 3-year period. Average annual wages of all new positions will exceed $65,000, which is
155% of the Pinellas County Annual Average Wage as published by Enterprise Florida, Inc. on January 1, 2013.
Review Approval:
Cover Memo
Item # 2
BUSINESS MAINTENANCE & CONTINUED
PERFORMANCE AGREEMENT
FOR USE BY APPLICANTS APPLYING IN THE
Mail to:
City of Clearwater
Attn: Economic Development Director
112 S. Osceola Ave
Clearwater, FL 33756
Attachment number 1 \nPage 1 of 7
Item # 2
1
BUSINESS MAINTENANCE AND CONTINUED PERFORMANCE AGREEMENT
THIS AGREEMENT is entered into this ______day of ________ 2014 by and between
City of Clearwater, Florida, a municipal corporation of the State of Florida (the “City”) whose
mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756 and MarineMax, Inc.
(“the Company”), a Florida corporation, currently located at 18167 US Highway 19 North, Suite
300, Clearwater, Florida 33764.
WITNESSETH
WHEREAS, Article VII, Section 3, of the Constitution of the State of Florida and
Section 196.1995, Florida Statutes, provide that the City may grant Economic Development Ad
Valorem Tax Exemptions (EDAVTE) to New Businesses and Expansions of Existing
Businesses, as defined in Section 196.012 (15)(16), Florida Statutes, by ordinance provided that
the electors of the City, voting on the question in a referendum, authorize the City to adopt
such ordinances; and
WHEREAS, On November 6, 2012, City of Clearwater voters approved the
referendum, authorizing the City Council of the City of Clearwater (the “Council ”) to grant
EDAVTEs pursuant to state law; and
WHEREAS, the Council recognizes that it is a function of local government to promote
economic development within its jurisdiction by providing financial incentives to encourage new
businesses to relocate within its jurisdiction and existing businesses to expand creating
employment opportunities and the utilization of local resources that will benefit the entire
community; and
WHEREAS, Chapter 29, Article VII of the Code of Ordinances City of Clearwater
(the “Code”) sets forth the process and procedures for implementing the EDAVTE program;
and,
WHEREAS, Pursuant to Section 29.204 of the Code, MarineMax, Inc. submitted an
application to the City requesting an EDAVTE for qualifying tangible personal property
specified in its application, commencing with Tax Year 2014 (“the Company Application”); and,
WHEREAS, on January 16, 2014, in recognition of the economic stimulus MarineMax,
Inc. would provide to the community if it expanded its business, invested approximately two
million dollars ($2,000,000.00), and added 30 new jobs in the City paying an average annual
wage of at least sixty-five thousand dollars ($65,000), the Council authorized an EDAVTE of
fifty percent (50%) of the assessed value of the net increase in qualifying improvements to
qualifying tangible personal property as set forth in the Company Application, to facilitate the
expansion of its business (“MarineMax, Inc. Ad Valorem Tax Exemption”) for a period of five
(5) tax years, commencing with Tax Year 2014 through Tax Year 2018; and,
Attachment number 1 \nPage 2 of 7
Item # 2
2
WHEREAS, Pursuant to Ordinance No. 8435-14, MarineMax, Inc. agrees to satisfy the
continued performance conditions set forth in the Company Application.
NOW THEREFORE, in consideration of the mutual covenants herein contained and other
good and valuable consideration, hereby acknowledged by the parties, MarineMax, Inc. and City
agree as follows:
1. Incorporation. The recitals set forth above are incorporated herein in their
entirety.
2. Ad Valorem Tax Exemption. Pursuant to Ordinance No . 8535-14, City
shall provide an EDAVTE of fifty percent (50%) of the assessed value of the
net increase in qualifying tangible personal property as set forth in the Company
Application to facilitate the expansion of its business (“MarineMax, Inc., Ad
Valorem Tax Exemption”) for a period of five (5) tax years, commencing with
Tax Year 2014 through Tax Year 2018.
3. Business Maintenance and Continued Performance Conditions Requirement.
Pursuant to Ordinance No. 8435-14, MarineMax, Inc. shall enter into an
agreement with the City satisfying the Business Maintenance and Continued
Performance Conditions as set forth in the Company Application as follows:
a. Commencement of Operations:
i. MarineMax, Inc. currently conducts business at 18167 US
Highway 19 North, Suite 300, Clearwater, Florida 33764 and will
relocate and expand its Corporate Headquarters to 2600
McCormick Drive, Clearwater, Florida 33759.
b. Annual Report:
i. Evidence of satisfaction of information in the Company
Application dated November 5, 2013, and the Attachment Form
DR-418 must be provided in the Annual Report to the Economic
Development and Housing Department on or before March 1st of
each year for which the Exemption is granted. The Company shall
also timely comply with all filings required pursuant to F.S.
s.196.011.
c. Tangible Personal Property Investment:
i. MarineMax, Inc. shall purchase new furniture, fixtures and
equipment including computer equipment. The anticipated date of
purchase is in the calendar year 2014. The estimated budget
amount is $2.0 million;
d. New Jobs:
i. MarineMax, Inc. represents that as of November 5, 2013; the
company employs 99 current full-time employees at its City of
Clearwater facility and shall create 30 new jobs. The Company
Attachment number 1 \nPage 3 of 7
Item # 2
3
will add 10 jobs by September 1, 2015, 10 jobs by September 1,
2016, and 10 jobs by September 1, 2017.
e. Wages:
i. MarineMax, Inc. represents that the average annual wage of all
new jobs shall together be no less than $65,000.
f. Other Council Considerations for Exemption Determination:
i. MarineMax, Inc. shall strive to use local suppliers, where
available;
ii. MarineMax, Inc. shall strive to hire employees located within City
of Clearwater;
iii. MarineMax, Inc. shall strive continue to provide training
opportunities for new and existing employees;
iv. MarineMax, Inc. shall continue to strive to be innovative in nature
as the country’s largest boat retailer.
4. Ordinance No. 8535-14 Requirements. MarineMax, Inc. shall abide by all other
requirements as defined in Ordinance No. 8535-14.
5. Council Revocation.
a. If MarineMax, Inc. fails to satisfy the Business Maintenance and
Continued Performance Conditions set forth in Section 3 of this
Agreement, the Council may, upon 30 days written notice to MarineMax,
Inc., adopt an ordinance revoking the ad valorem tax exemption or take
such other action with respect to the MarineMax, Inc. Ad Valorem
Exemption it deems appropriate.
b. Upon Revocation, the Council shall immediately notify the Pinellas
County Property Appraiser;
c. If it is determined that for any year within the Exemption Period,
MarineMax, Inc. was not entitled to receive such Exemption, MarineMax,
Inc. may be subject to the taxes exempted in that year as a result of such
failure plus annual interest at the maximum rate allowed by law;
d. Nothing herein shall prohibit MarineMax, Inc. from reapplying for an ad
valorem tax exemption pursuant to State law.
6. Assignment. Except as hereinafter provided, neither this Agreement nor any
rights, privileges, or claims created by this Agreement may be transferred by
MarineMax, Inc. without the prior written approval of the City, which approval
will not be unreasonably withheld, conditioned or delayed; provided that
MarineMax, Inc. may assign this Agreement to any affiliate that assumes in
writing all of MarineMax, Inc. obligations under this Agreement and provides
Attachment number 1 \nPage 4 of 7
Item # 2
4
written notice of the assignment to the City within thirty (30) days after such
assignment. Any attempted assignment in breach of this Agreement shall be void.
7. Controlling Law. This Agreement is entered into pursuant to the laws of the
State of Florida, and shall be construed and enforced thereunder. In the event of
litigation for any alleged breach of this Agreement, exclusive jurisdiction and
venue for such litigation shall be in the Circuit Court of the Sixth Judicial District,
in and for City of Clearwater, Florida, or the United States District Court for the
Middle District of Florida, Tampa Division. In the event of any litigation
concerning this Agreement, the parties waive all rights to a jury trial.
8. Notice. Any notices required under this Agreement shall be in writing and be
addressed to the parties as shown below. Notices shall be delivered by certified or
registered first class mail or by commercial courier service, and shall be deemed to
have been given or made as of the date received.
City of Clearwater
Attn: Director, Economic
Development & Housing Dept
112 S. Osceola Ave
Clearwater, FL 33756
727-562-4023 or 727-562-4031
MarineMax, Inc.
Attn: Sam Lowrey
2600 McCormick Drive
Clearwater, FL 33759
(727) 531-1700 x 10110
9. Force Majeure. Notwithstanding anything contained in the Act or this Agreement
to the contrary, and subject to the terms of this Section, MarineMax, Inc. failure to
perform its obligations under this Agreement, other than with respect to the
payment of money or the giving of any notice required hereunder, shall not be a
default, and no disqualification shall occur as a result thereof, if any such failure
or delay is due in whole in part to acts of God; acts of public enemy; war; riot;
sabotage; blockage; embargo; failure or inability to secure materials, supplies or
labor through ordinary sources by reason of shortages or priority; labor strikes,
lockouts or other labor or industrial disturbance (whether or not on the part of
agents or employees of either party hereto engaged in renovation or construction
at the Facility); civil disturbance; terrorist act; fire, flood, windstorm, hurricane,
earthquake or other casualty; any law, order, regulation or other action of any
governing authority; any action, inaction, order, ruling, moratorium, regulation,
statute, condition or other decision of any governmental agency having
jurisdiction over any portion of the Facility, over the renovation or construction
anticipated to occur thereon or over any uses thereof, or by delays in inspections
or in issuing approvals by private parties or permits by governmental agencies;
discovery of hazardous or toxic materials; failure of the Internet; failure of power,
telecommunication, data connectivity or other services to be delivered to the
Facility by any third party including any local utility provider; delays caused by
any dispute resolution process; or any cause whatsoever beyond the reasonable
control (excluding financial inability) of the party whose performance is required
hereunder, or any of its contractors or other representatives, whether or not similar
to any of the causes hereinabove stated.
Attachment number 1 \nPage 5 of 7
Item # 2
5
10. Conflicting Law; Severability. If a Conflicting Law is enacted after the Effective
Date, then the City and MarineMax, Inc. shall meet and confer in good faith for a
period of no less than thirty (30) and no more than ninety (90) days to seek to
effectuate an amendment to this Agreement providing the City and MarineMax,
Inc. with the rights and remedies intended to be provided herein. Nothing herein
shall preclude either the City or MarineMax, Inc. from challenging the validity of
any Conflicting Law. Each provision in this Agreement is severable. If any such
provision is determined to be invalid or illegal, the validity and enforceability of
the remainder of this Agreement shall be unaffected. If the Economic
Development Ad Valorem Tax Exemption, or any portion thereof, is deemed by a
court of competent jurisdiction to be ultra vires or not authorized by the laws or
Constitution of the State of Florida, then the City shall use reasonable efforts to
provide equivalent incentives to MarineMax, Inc. as allowed by law.
11. Term. The term of this Agreement shall commence on the date of last signatory
hereto (the “Effective Date”) and, unless sooner terminated, shall continue in
force through December 31, 2018.
12. Amendments. This Agreement shall not be changed except by written instrument
signed by all the parties.
13. Binding Effect and Effectiveness; Representations and Warranties.
a. Subject to the specific provisions of this Agreement, this Agreement shall
be binding upon and inure to the benefit of and be enforceable by the
parties and their respective successors and assigns, notwithstanding
changes in corporate or other governance.
b. MarineMax, Inc. represents and warrants to the City that as of the date
hereof and throughout the term of this Agreement:
i. MarineMax, Inc. is a for profit corporation, duly organized under
the laws of the State of Florida, maintains a place of business
within the State of Florida, and is validly existing and is doing
business in the State of Florida as MarineMax, Inc.
ii. MarineMax, Inc. has the power and authority to own its properties
and assets and to carry on its business as now being conducted and
has the power and authority to execute and perform this
Agreement;
iii. This Agreement (a) is the lawful, valid and binding agreement of
MarineMax, Inc. in its corporate name enforceable against
MarineMax, Inc. in accordance with its terms; (b) does not violate
any order of any court or other agency of government binding on
MarineMax, Inc., the charter documents of Instruments
Transformers, Inc. or any provision of any indenture, agreement or
other instrument to which MarineMax, Inc. is a party; and (c) does
not conflict with, result in a breach of, or constitute an event of
default, or an event which, with notice or lapse of time, or both,
Attachment number 1 \nPage 6 of 7
Item # 2
6
would constitute an event of default, under any material indenture,
agreement or other instrument to which MarineMax, Inc. in its
corporate name is a party;
iv. MarineMax, Inc. has not received written notice of any action
having been filed against MarineMax, Inc. that challenges the
validity of this Agreement or MarineMax, Inc. right and power to
enter into and perform this Agreement; and
14. Effective Date. This Agreement shall be effective on the date of the last signatory
hereto.
IN WITNESS WHEREOF, the City and MarineMax, Inc. have executed the Agreement as
of the date first above written.
MarineMax, Inc.
WITNESSES:
______________________________ _ By: ___________________________________
(Signature) _______________________________ William McGill
(Print Name)
_______________________________ Title: Chief Executive Officer
(Signature) _______________________________ Date: ___________________________________
(Print Name)
CITY OF CLEARWATER, FLORIDA
By: __________________________________
William B. Horne II
City Manager
Approved as to form: Attest:
_______________________________ ________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 7 of 7
Item # 2
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Approve settlement of the liability claim of Mr. Jameel Zabadi for payment of $57,500 and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
On September 4, 2013, a City service truck was turning left onto northbound Hercules Avenue from Gilbert Street. Our
driver failed to see the claimant driver traveling south on Hercules due to another service truck with a trailer (between
his truck and the claimant) obstructing his vision. The front of the City truck hit the right side of the claimant
automobile. The claimant was injured and that is the basis of his claim.
Mr. Braun’s claim can be settled for $57,500.
The City’s limit of liability as provided by Section 768.28, Florida Statutes, is $200,000. The City’s Risk Management
Division and City’s Claims Committee recommend approval of this settlement.
Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund.
Type:Other
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
590-07000-545900-519-000 $57,500.00
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 3
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Approve renewal of the Clearwater Community Sailing Association (CCSA) Management Agreement, for five years, for the total sum
of $78,000, plus annual Consumer Price Index (CPI) increases and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The current Clearwater Community Sailing Association Management Agreement expires September 30, 2015. The
Clearwater Sailing Center site has been selected by the US Sailing Association as the host site for the 2016 49er
Worlds, an Olympic Qualifier race deciding who goes to represent the US in Rio for the Summer Olympics in sailing
the 49er class sailing vessel.
The current board and staff of the CCSA have worked hard to upgrade the appearance and operation of the facility and
earned the City the recognition. CCSA would like the opportunity to be the Sailing Center Operating Manager for the
signature sailing event, with worldwide media coverage.
As US Sailing visited the site and saw the quality of our Physically Challenged Sailing Programs, CCSA was offered
an opportunity to become a US Sailing Certified Paralympics Training facility for 4 years, commencing January 1,
2014 and running through December 31, 2017. The terms of the training center partnership require a $146,000
commitment on behalf of CCSA to purchase three classes of vessel to have on hand and maintain. CCSA is preparing
grant and donation requests to raise the $146,000.
CCSA has asked for consideration to get an extension, at least through 2017, to continue to advance the stature of
sailing in Clearwater, and gain the national and international attention, and media coverage that this designation would
garner.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk
Cover Memo
Item # 4
Clearwater Community Sailing Association Management Agreement 1
CLEARWATER COMMUNITY SAILING CENTER MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT, entered into this ____ day of _____________,
2014 by the City of Clearwater, Florida, as City, and Clearwater Community Sailing
Association, Inc., as Manager.
WHEREAS, City owns the real property and improvements consisting of
approximately 3,658 square feet and located in Pinellas County, Florida, having an address
of 1001 Gulf Boulevard, CLEARWATER FL 33767, and more particularly described in
Exhibit A, attached and incorporated as a part of this agreement. Such property shall
hereinafter be referred to as the "premises."
WHEREAS, Manager agrees to manage the Clearwater Community Sailing Center,
at the Premises, under the terms and conditions described in this management agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. MANAGEMENT TERM.
The term of this agreement shall be for five (5) years; which term will commence on the 1st
day of March 2014, and shall continue until midnight on the 28th day of February 2019.
This agreement shall supersede all prior management agreements. A renewal or extension
of this agreement shall not be deemed a waiver by City of any breach or default, if any
exists. The extended term shall be upon the same conditions and terms, and the rent shall
be determined and payable, as provided in this agreement, except that there shall be no
privilege to extend the term beyond the expiration of the extended term period as herein
above specified. The manager shall exercise the option for an extended term by notifying
the City in writing at least one (1) calendar month prior to the expiration of the then current
term. City shall have until the end of each term to review manager's performance and may
deny renewal if manager is in default of any provision of this agreement. Failure to exercise
the option for any period shall nullify the option for all subsequent periods. City, in addition
to any other right of termination set forth in this agreement, may terminate this Management
Agreement for any municipal need as determined by the City Council on sixty (60) days
written notice.
2. RENT.
Base rent: Manager agrees to pay the City as rent during the initial term of this agreement
the sum of Fifteen Thousand Six Hundred Dollars ($15,600.00) annually, payable in equal
monthly installments of One Thousand Three Hundred Dollars ($1,300.00) per month, and
payable in advance at the beginning of each successive monthly rental period. A consumer
price index (CPI) increase will be added to the rent payment on March 1st of each year of
the lease. The increase will be based on the Consumer Price Index for all Urban
Attachment number 1 \nPage 1 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 2
Consumers (CPI-U) South Urban area, for the twelve-month period ending December 31st.
Additionally, manager shall pay sales tax on all taxable collected payments. Manager shall
pay rent and any additional rent as hereinafter provided to City at such place as City may
designate in writing, without demand and without counterclaim, deduction or setoff.
3. SECURITY DEPOSIT.
In addition to the first month’s rent of One Thousand Three Hundred Dollars ($1,300.00),
which is due and payable on the first day of the lease, the manager shall only pay an
additional $300.00 as a security deposit for the performance of manager's obligations under
this agreement, including without limitation the surrender of possession of the premises to
City as herein provided, since the City already has $1,000.00 in security deposit account. If
City applies any part of the deposit to cure any default of manager, manager shall on
demand deposit with City the amount so applied so that City shall have the full deposit on
hand at all times during the term of this agreement.
4. BLANK.
5. USE OF PREMISES.
The premises are to be used by manager solely for the purposes and in the manner set
forth in the business plan (Exhibit C), which is attached and incorporated hereto, subject to
City's reserved right to issue "fishing" permits allowing holders thereof to use specifically
identified areas of the managed premises for fishing, subject to reasonable rules and
regulations established by manager and approved by City. No other use can be made of
the premises during the term without the written consent of the City.
6. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to manager
and are or shall be individually metered for the subject premises. All deposits for such
utilities shall be the sole responsibility of manager.
7. BUILDING AND COMMON AREA MAINTENANCE; PROPERTY TAXES.
Manager shall be responsible for building maintenance. The routine maintenance of the Property’s
common areas, such as but not limited to, hallways, bathrooms, rental rooms, offices, etc., shall be
the responsibility of Manager. If Manager fails to maintain the Property’s common areas in a
satisfactory manner, seven (7) calendar days after the City has provided Manager written notice of
the City’s dissatisfaction with the Property’s common area maintenance, and if the maintenance of
the common areas has not improved to standard amenable solely to the City within the seven (7)
calendar days after receipt of such notice, then at the City’s sole discretion, the City may procure
maintenance services for such common areas on Manager’s behalf. The cost of which, shall be
the responsibility of Manager. The City is responsible for paying the property taxes.
Attachment number 1 \nPage 2 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 3
8. OBSERVANCE OF LAWS AND ORDINANCES.
Manager agrees to observe, comply with and execute promptly at its expense during the
term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and
regulations of governmental authorities and agencies and of insurance carriers which relate
to its use or occupancy of the demised premises.
9. ASSIGNMENT OR SUBAGREEMENT.
Manager shall not, without first obtaining the written consent of City, assign, mortgage,
pledge, or encumber this agreement, in whole, or in part, or sublet the premises or any part
thereof. City expressly covenants that such consent to sublet shall not be unreasonably or
arbitrarily refused. This covenant shall be binding on the legal representatives of manager,
and on every person to whom manager's interest under this agreement passes by operation
of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a
corporate manager or to a transfer of the agreement hold interest occasioned by a
consolidation or merger involving such manager. If the premises are sublet or occupied by
anyone other than manager, and manager is in default hereunder, or if this management
agreement is assigned by the manager, the City may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No
such collection shall be deemed a waiver of the covenant herein against assignment and
subletting, or the acceptance of such assignee, subtenant, or occupant as manager, or a
release of manager from further performance of the covenants herein contained.
10. ALTERATIONS AND IMPROVEMENTS.
Manager shall not make any structural alterations or modifications or improvements which
are part of the managed property without the written consent of the City, and any such
modifications or additions to said property shall become the property of the City upon the
termination of this agreement or, at City's option, the manager shall restore the managed
property at manager’s expense to its original condition. The restrictions of this paragraph
shall not apply to maintenance of the managed property, but shall apply to any change
which changes the architecture or purpose of the property or which changes any of the
interior walls of the improvements or which annexes a fixture to any part of the managed
property which cannot be removed without damage thereto. In the event manager desires to
make any alterations or modifications, written notice shall be given to the City. Unless the
City objects to such proposals by notice to manager within twenty (20) days after written
notice from manager, the proposal shall be deemed approved. Manager shall have no
power or authority to permit mechanics' or material men’s liens to be placed upon the
managed property in connection with maintenance, alterations or modifications. Manager
shall, within fifteen (15) days after notice from City, discharge any mechanic's liens for
materials or labor claimed to have been furnished to the premises on manager's behalf. Not
later than the last day of the term manager shall, at manager's expense, remove all of
manager's personal property and those improvements made by manager which have not
Attachment number 1 \nPage 3 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 4
become the property of City, including trade fixtures and the like. All property remaining on
the premises after the last day of the term of this agreement shall be conclusively deemed
abandoned and may be removed by City and manager shall reimburse City for the cost of
such removal.
11. RISK OF LOSS.
All personal property placed or moved in the premises shall be at the risk of the manager or
owner thereof. The City shall not be responsible or liable to the manager for any loss or
damage that may be occasioned by or through the acts or omissions of persons occupying
adjoining premises or any part of the premises adjacent to or connected with the premises
hereby managed or any part of the building which the managed premises are a part of or
any loss or damage resulting to the manager or its property from bursting, stopped up or
leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the
City, its agents, servants or employees.
12. RIGHT OF ENTRY.
The City, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as
may be deemed necessary for the safety, comfort, or preservation thereof, or of said
building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of
removing placards, signs, fixtures, alterations or additions, which do not conform to this
agreement.
13. RESTORING PREMISES TO ORIGINAL CONDITION.
Manager represents that the premises managed are in good, sanitary and tenantable
condition for use by manager. Manager's acceptance or occupancy of the managed
premises shall constitute recognition of such condition. Manager hereby accepts the
premises in the condition they are in at the beginning of this agreement and agrees to
maintain said premises in the same condition, order and repair as they are at the
commencement of said term, and to return the premises to their original condition at the
expiration of the term, excepting only reasonable wear and tear arising from the use thereof
under this agreement. The manager agrees to make good to said City immediately upon
demand, any damage to water apparatus, or electric lights or any fixture, appliances or
appurtenances of said premises, or of the walls or the building caused by any act or neglect
of manager or of any person or persons in the employ or under the control of the manager.
14. INSURANCE.
Manager agrees to comply with all terms, provisions and requirements contained in Exhibit
"B" attached hereto and made a part hereof as if said document were fully set forth at length
herein.
Attachment number 1 \nPage 4 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 5
15. MAINTENANCE.
City shall keep the foundation, outer walls, roof and buried conduits of the premises,
including existing buildings, piers, and docks in good repair, except that the City shall not be
called on to make any such repairs occasioned by the negligence of the manager, its
agents, express or implied invitees, or employees. City shall maintain the city owned
property outside the fence from the sailing center building up to the bridge, while the
manager will be responsible for the upkeep of the property within the fenced in area.
Manager shall keep the inside of said premises and the interior doors, windows and window
frames of said premises in good order, condition and repair and shall also keep the
premises in a clean, sanitary and safe condition in accordance with law and in accordance
with all directions, rules and regulations of governmental agencies having jurisdiction. The
manager shall be responsible for providing all light bulbs used on the premises. The
plumbing facilities shall not be used for any other purposes than that for which they are
constructed and no foreign substances of any kind shall be thrown therein, and the expense
of any breakage, stoppage or damage resulting from the violation of this provision shall be
borne by the manager. Routine maintenance of the heating and air conditioning system and
plumbing facilities shall be under the control of the manager, and manager agrees that all
operation, upkeep, and repairs will be at manager's expense, except where the repairs shall
be caused by the negligence or misuse by City or its employees, agents, invitees, or
licensees, or by catastrophic failure, or in the event of expected life cycle replacement. In
the event City pays any monies required to be paid by manager hereunder, City shall
demand repayment of same from the manager and the manager shall make payment within
ten (10) days of receipt of said demand. Manager's failure to make such repayment within
the ten (10) day period shall constitute default under the terms of this agreement.
City will assume responsibility for life cycle replacement of the heating/air-conditioning
system, provided routine monthly maintenance has been performed.
City will assume responsibility for life cycle replacement of the elevator, provided routine
monthly maintenance has been performed.
16. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other cause,
to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of
such destruction, this management agreement shall be terminated. In the event that the
building should be partially damaged by fire, earthquake or other cause, but only to such an
extent that it can be rebuilt or repaired within sixty (60) days after the date of such
destruction, the management agreement shall be void or voidable, but not terminated,
except as otherwise provided herein. If the City intends to rebuild or repair the premises, he
shall, within fifteen (15) days after the date of such damage, give written notice to manager
of the intention to rebuild or repair and shall proceed with reasonable diligence to restore
the building to substantially the same condition in which it was immediately prior to the
destruction. However, City shall not be required to rebuild, repair or replace any
Attachment number 1 \nPage 5 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 6
improvements or alterations made by manager within the building. During the period of
rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or repairing
has commenced, such rebuilding or repairing cannot be completed within sixty (60) days
after the date of such partial destruction, the City may either terminate the agreement or
continue with the agreement with a proportional rent rebate to manager. If City undertakes
to rebuild or repair, manager shall, at its own expense, restore all work required to be done
by such manager under this agreement.
17. EMINENT DOMAIN.
If the whole or any part of the premises hereby managed shall be taken by any public
authority under power of eminent domain, then the term of this management agreement
shall cease on the part so taken from the date title vests pursuant to such taking, and the
rent and any additional rent shall be paid up to that day, and if such portion of the
demised premises is so taken as to destroy the usefulness of the premises for the purpose
for which the premises were managed, then from that day the manager shall have the right
to either terminate this management agreement or to continue in possession of the
remainder of the same under the terms herein provided, except that the rent shall be
reduced in proportion to the amount of the premises taken. The parties agree that the
manager shall not be entitled to any damages by reason of the taking of this agreement, or
be entitled to any part of the award for such taking, or any payment in lieu thereof.
18. SUBORDINATION.
This agreement and the rights of the manager hereunder are hereby made subject and
subordinate to all bona fide mortgages now or hereafter placed upon the said premises by
the City and any other owner provided, however, that such mortgages will not cover the
equipment and furniture or furnishings on the premises owned by the manager. The
manager further agrees to execute any instrument of subordination, which might be required
by mortgagee of the City.
19. DEFAULT; REMEDIES.
(a) The manager further covenants that, if default shall be made in the payment of rent, or
any additional rent, when due, or if the manager shall violate any of the other covenants of
this agreement and fail to correct such default within fifteen (15) days after a written request
by the City to do so, then the City may, at its option, deem this agreement terminated,
accelerate all rents and future rents called for hereunder and manager shall become a
tenant at sufferance, and the City shall be entitled to obtain possession of the premises as
provided by law.
(b) In case the managed property shall be abandoned, as such term is defined by Florida
Statutes, the City, after written notice as provided by Florida Statutes to the manager, City
may (i) re-enter the premises as the agent of the manager, either by force or otherwise,
without being liable to any prosecution or claim therefore, and may relet the managed
Attachment number 1 \nPage 6 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 7
property as the agent of the manager and receive the rent therefore and apply the same to
the payment of such expenses as City may have incurred in connection with the recovery of
possession, reduction, refurbishing or otherwise changing or preparing for reletting,
including brokerage and reasonable attorney’s fees. Thereafter, it shall be applied to the
payment of damages in amounts equal to the rent hereunder and to the cost and expenses
of performance of the other covenants of manager as provided herein; or (ii) the City may, at
its option, terminate this agreement by giving the manager fifteen (15) days' written notice of
such intention served upon the manager or left upon the managed property, and the term
hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen
(15) day period, but the manager shall never-the-less and thereafter be liable to the City for
any deficiency between the rent due hereunder for the balance of the term of this
agreement and the rent actually received by City from the managed property for the balance
of said term.
(c) The City, at its option, may terminate this agreement as for a default upon the
occurrence of any or all of the following events: an assignment by manager for the benefit of
creditors; or the filing of a voluntary or involuntary petition by or against manager under any
law for the purpose of adjudicating manager bankruptcy; or for reorganization, dissolution,
or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of
a receiver of the assets of manager; or the bankruptcy of the manager. Each of the
foregoing events shall constitute a default by manager and breach of this agreement.
20. MISCELLANEOUS.
(a) The City shall have the unrestricted right of assigning this agreement at any time, and in
the event of such assignment, the City shall be relieved of all liabilities hereunder.
(b) This contract shall bind the City and its assigns or successors, and the manager and
assigns and successors of the manager.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the parties hereto that written notice sent by
certified or registered mail, or hand delivered to the Marine & Aviation Director, shall
constitute sufficient notice to the manager, and written notice sent by certified or registered
mail or hand delivered to the office of the City shall constitute sufficient notice to the City, to
comply with the terms of this contract.
(e) The rights of the City under the foregoing shall be cumulative, and failure on the part of
the City to exercise promptly any rights given hereunder shall not operate to forfeit any of
the said rights.
Attachment number 1 \nPage 7 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 8
(f) It is hereby understood and agreed that manager shall use no signs in connection with
the premises hereunder, except inside the building, which signs shall be subject to the prior
approval of the City.
(g) It is understood that no representations or promises shall be binding on the parties
hereto except those representations and promises contained herein or in some future
writing signed by the party making such representations or promises.
(h) It is hereby agreed that if any installment of rent or any other sum due from manager is
not received by City within five (5) days after such amount shall be due, manager shall pay
to City a late charge equal to five percent (5%) of such overdue amount. The City shall not
be required to accept any rent not paid within five (5) days subsequent of the date when due
absent the simultaneous payment of this late charge. The requirement for a late charge set
out herein shall not be construed to create a curative period or a grace period for the timely
payment of rent.
(i) Consumption of alcoholic beverages is to be confined to the fenced in area of the Sailing
Center, with the gate closed, appropriate signage and enforcement to prevent alcoholic
beverages from being removed from the premises.
(j) The sale of alcoholic beverages will be confined to three special events per year as
stipulated by City ordinance.
21. SUBROGATION.
The City and manager do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the
managed property or property of City. Each party shall look first to any insurance in its favor
before making any claim against the other party. Nothing contained herein shall in any way
be considered or construed as a waiver or re-agreement by the City of any and all of the
other covenants and conditions contained in this agreement to be performed by the
manager.
22. PARKING SPACES.
Manager shall have the right to use and control any and all legal parking spaces/areas on or
about the managed premises subject to the needs of the City for special events deemed
necessary for official city business. The City agrees to cooperate with manager in obtaining
any and all permits for use and/or construction of parking spaces/areas within the bounds of
the management agreement area.
Attachment number 1 \nPage 8 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 9
23. INDEMNIFICATION.
The Manager shall act as an independent contractor and agrees to assume all risks of
providing the program activities and services herein agreed and all liability thereof, and shall
defend, indemnify, and hold harmless the City, its officers, agents, and employees from and
against any and all claims of loss, liability, and damages of whatever nature, to persons and
property, including, without limiting the generality of the foregoing, death of any person and
loss of the use of any property, except claims arising from the negligence or willful
misconduct of the City or City’s agents or employees. This includes, but is not limited to,
matters arising out of or claimed to have been caused by or in any manner related to the
Manager’s activities or those of any approved or unapproved invitee, contractor,
subcontractor, or other person approved, authorized, or permitted by the Management in or
about its premises whether or not based on negligence. Nothing contained herein shall be
construed as a waiver of any immunity from or limitation of liability the City may be entitled
to under the doctrine of sovereign immunity or section 768.28, Florida Statutes.
Manager agrees to pay on behalf of the City, and to pay the cost of the City’s legal defense, as
may be selected by the City, for all claims described in this section. Such payment on behalf of
the City shall be in addition to any and all other legal remedies available to the City and shall not
be considered to be the City’s exclusive remedy.
24. "AS IS" CONDITION.
The manager accepts the managed premises on an "as is" basis, and City shall have no
obligation to improve or remodel the managed premises, except as set forth above at
paragraph 9(a).
25. CONSTRUCTIVE EVICTION.
Manager shall not be entitled to claim a constructive eviction from the premises unless
manager shall have first notified City in writing of the condition or conditions giving rise
thereto and, if the complaints be justified, unless City shall have failed within a reasonable
time after receipt of such notice to remedy such conditions.
26. CLEAN UP EXPENSES.
Extraordinary expenses for cleanup or trash removal for major regattas or non-routine
functions shall be the expense of the manager.
27. SEVERANCE.
The invalidity or unenforceability of any portion of this agreement shall in nowise affect the
remaining provisions and portions hereof.
Attachment number 1 \nPage 9 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 10
28. CAPTIONS.
The paragraph captions used throughout this agreement are for the purpose of reference
only and are not to be considered in the construction of this agreement or in the
interpretation of the rights or obligations of the parties hereto.
29. NO HAZARDOUS MATERIALS.
The manager herewith covenants and agrees that no hazardous materials, hazardous
waste, or other hazardous substances will be used, handled, stored or otherwise placed
upon the property or, in the alternative, that such materials, wastes or substances may be
located on the property, only upon the prior written consent of the City hereunder, and only
in strict accord and compliance with any and all applicable state and federal laws and
ordinances. In the event such materials are utilized, handled, stored or otherwise placed
upon the property, manager expressly herewith agrees to indemnify and hold City harmless
from any and all costs incurred by City or damages as may be assessed against City in
connection with or otherwise relating to said hazardous materials, wastes or substances at
anytime, without regard to the term of this agreement. This provision shall specifically
survive the termination hereof.
30. CONFORMANCE WITH LAWS.
Manager agrees to comply with all applicable federal, state and local laws during the life of
this Contract.
31. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then
the parties agree that each party shall bear its own attorney fees and costs.
32. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, and any action brought by either
party shall lie in Pinellas County, Florida.
[This space has intentionally been left blank.]
Attachment number 1 \nPage 10 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 11
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
Countersigned: CITY OF CLEARWATER, FLORIDA
__________________________ By: __________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Camilo Soto Rosemarie Call
Assistant City Attorney City Clerk
CLEARWATER COMMUNITY
SAILING ASSOCIATION, INC.
Attest: By: _______________________
Print Name:
___________________________ Title:
Print Name:
Witness
Attachment number 1 \nPage 11 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 12
Exhibit A
Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East; thence
N89°10'31"E along the South boundary of said Section 17, a distance of 843.47 feet to a point of
intersection with the centerline of the Gulf Boulevard Right-of-Way; thence N42°13'31"E along the
centerline of said Right-of-Way a distance of 1983.25 feet to a point of curvature; thence along a
curve to the left, said curve also being the centerline of the said Right-of-Way, having a chord
bearing of N34°49'43"E, a radius of 1909.86 feet, a central angle of 14°47'32", an arc length of
493.07 feet, and a chord length of 491.71 feet to the Point of Beginning; thence N57°35'40"W
along a non-radial line a distance of 50.19 feet to the point of cusp, of a non-tangent curve, said
point also being on the west Right-of-Way line of Gulf Boulevard; thence along a curve to the left,
said curve also being the said west Right-of-Way line of chord bearing of N25°58'24"E, a radius of
1859.86 feet, a central angle of 2°38'32", an arc length of 85.77 feet, and a chord length of 85.76
feet; thence S61°44'07"E along a non-radial line a distance of 137.96 feet; thence S25°51'33"W a
distance of 95.81 feet; thence N57°35'40"W along a non-radial line a distance of 88.73 feet to the
aforementioned Point of Beginning.
Commence at the Southwest corner of SECTION 17, TOW NSHIP 29 SOUTH, RANGE 15 EAST,
run N. 89°10'31" E., 843.47 feet; thence run N. 42°13'31" E. 886.07 feet, thence run S. 47°46'29"
E., 50.00 feet to the Point of Beginning; thence run N. 42°13'31" E. 630.00 feet, thence run S.
47°46'29" E., 200.00 feet plus or minus to the Mean High Water Line of Clearwater Harbor; thence
run along said Mean High Water Line to a Point, Said Point being the intersection of the Mean
High Water Line and a Line having a Bearing of S. 47°46'29" E., from the Point of Beginning;
thence run N. 47°46'29" W., 237.00 feet plus or minus to the Point of Beginning.
ADDITIONAL LEASE TRACT:
Commence at the Southwest Corner of Section 17, Township 29 South, Range 16 East; thence
N89°10’31”E, along the South boundary of said section 17, a distance of 843.47 feet to the
centerline of Gulf Boulevard; thence N42°13’31”E, along said centerline, a distance of 886.07 feet;
thence leaving said centerline S47°46’29”E, 50.00 feet; to the Easterly Right-of-Way line of Gulf
Boulevard, thence N42°13’31”E, along said Easterly Right-of-Way line, a distance of 630.00 feet,
to the Point of Beginning; thence continue N42°13’13”E, along said Easterly Right-of-Way line, a
distance of 100 feet; thence leaving said Easterly Right-of-Way , S47°46’29”E, to the Mean High
Water Line of Clearwater Harbor; thence along said Mean High Water Line to a point on a line
lying S47°46’29”E of the point of beginning; thence N47°46’29”W, along said line, to the Point of
Beginning.
Attachment number 1 \nPage 12 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 13
Exhibit B
INSURANCE AND RISK OF LOSS
LOSS CONTROL/SAFETY
Precaution shall be exercised at all times by manager for the protection of all persons, including
employees, and property. Manager shall be expected to comply with all laws, regulations or
ordinances related to safety and health and shall make special effort to detect hazardous
conditions and shall take prompt action where loss control/safety measures should reasonably be
expected.
The City may order work to be stopped if conditions exist that present immediate danger to
persons or property. Manager acknowledges that such stoppage will not shift responsibility for
any damages from manager to the City.
BASIC COVERAGES REQUIRED
Manager shall procure and maintain the following described insurance, except for coverage
specifically waived by the City, on policies and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of manager. The City does not represent
these types or amounts of insurance to be sufficient or adequate to protect manager’s interests or
liabilities, but are merely minimums.
Such coverages shall protect manager from claims for damages for personal injury, including
accidental death, as well as any party directly or indirectly employed by manager.
Except for workers’ compensation and professional liability, manager’s insurance policies shall be
endorsed to name the City as an additional insured to the extent of the City’s interests arising from
this Agreement.
Except for workers’ compensation, manager waives its right of recovery against the City, to the
extent permitted by its insurance policies.
Manager’s deductibles/self-insured retentions shall be disclosed to the City and may be
disapproved by the City. They shall be reduced or eliminated at the option of the City. Manager is
responsible for the amount of any deductible or self-insured retention.
Insurance required of manager or any other insurance of manager shall be considered primary,
and insurance of the City shall be considered excess, as may be applicable to claims which arise
out of the Hold Harmless, Payment on Behalf of City, Insurance, Certificates of Insurance and any
Additional Insurance provisions of this Agreement. Where no specific limit of coverage is
mentioned in this Agreement, the minimum limit of insurance coverage required by the City shall
be $1,000,000.
Workers’ Compensation Coverage
Manager shall purchase and maintain statutory workers’ compensation insurance for all workers’
compensation obligations imposed by state law and employer’s liability limits of at least $100,000
each accident and $100,000 each employee/$500,000 policy limit for disease.
Manager shall also purchase any other coverage required by law for the benefit of employees.
Attachment number 1 \nPage 13 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 14
General, Automobile, and Excess Or Umbrella Liability Coverage
Manager shall purchase and maintain coverage on forms no more restrictive than the latest
editions of the Commercial General Liability and Business Auto policies of the Insurance Services
Office.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or
umbrella insurance making up the difference, if any, between the policy limits of underlying policies
and the total amount of coverage required.
Commercial General Liability Coverage - Occurrence Form Required
Coverage A shall include bodily injury and property damage liability for premises, operations,
products and completed operations, independent contractors, contractual liability and liquor
liability covering this Agreement, broad form property damage, and property damage resulting from
explosion, collapse or underground (x, c, u) exposures.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Manager is required to continue to purchase products and completed operations coverage, at least
to satisfy this Agreement, for a minimum of three (3) years beyond the City’s acceptance of any
renovation or construction projects.
Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or
umbrella insurance making up the difference, if any, between the policy limits of underlying policies
and the total amount of coverage required.
Business Auto Liability Coverage
Business Auto Liability coverage is to include bodily injury and property damage arising out of
ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles
and employee non-ownership use.
Excess or Umbrella Liability Coverage
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed.
Whichever type of coverage is provided, it shall not be more restrictive than the underlying
insurance policy coverage. Excess or Umbrella Liability insurance shall include bodily injury and
property damage coverage.
Manager shall purchase and maintain Excess or Umbrella Liability coverage over and above its
other liability coverage in the amount of $500,000.
Property Coverage for Sailing Center
The City shall maintain for the life of the Agreement, all risk/special perils (including sinkhole)
property insurance (or its equivalent) to cover loss resulting from damage to or destruction of the
sailing center, and its improvements, and any attached personal property or contents belonging to
the City. The City, at its option, may self-insure this exposure.
Flood Insurance
City shall procure and maintain flood insurance either for the insured value of any buildings or
structures located on the managed premises or the maximum amount of flood insurance available
through the National Flood Insurance Program.
Attachment number 1 \nPage 14 of 28
Item # 4
Clearwater Community Sailing Association Management Agreement 15
EVIDENCE/CERTIFICATES OF INSURANCE
Required insurance shall be documented in Certificates of Insurance that provide that the City shall
be notified in advance of cancellation, non-renewal or adverse change.
New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage
renewals.
If requested by the City, manager shall furnish complete copies of manager’s insurance policies,
forms and endorsements.
For Commercial General Liability coverage, manager shall, at the option of the City, provide an
indication of the amount of claims payments or reserves chargeable to the aggregate amount of
liability coverage.
Receipt of certificates or other documentation of insurance or policies or copies of policies by the
City, or by any of its representatives, which indicate less coverage than required does not
constitute a waiver of manager’s obligation to fulfill the insurance requirements herein.
Attachment number 1 \nPage 15 of 28
Item # 4
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Attachment number 1 \nPage 16 of 28
Item # 4
CCSA Business Plan Page 1
Exhibit C
Business Plan
2014-2019
Attachment number 1 \nPage 17 of 28
Item # 4
CCSA Business Plan Page 2
Mission Statement
The Mission of the Clearwater Community Sailing Center is to provide safe, enriching
and affordable sailing opportunities to local residents and visitors, including youth,
seniors and the disabled for the enjoyment and benefit of our entire community.
Vision
CCSC will become the premier non-motorized waterfront facility, offering sailing,
kayaking, paddling and other environmentally friendly aquatic activities and programs
that promote water safety and education; as well as being the home port for various
clubs and organizations and continuing to host events promoting water sports.
Values
· Committed to providing a physically and emotionally safe environment for all of
our members and visitors.
· Believe and follow the principle of inclusion. We welcome and encourage
everyone to participate in our activities regardless of age, gender, race, creed,
place of origin, financial status or physical ability.
· Promote respect and appreciation for one’s self, others, society as a whole and
the natural environment.
· Strive for continual improvement of individuals, and organizations. The CCSC
recognizes that this can be facilitated through healthy competition and the
cooperation among various individuals and groups.
· Promote the development of Sportsmanship.
Background
Years ago, local sailors flocked to the beach at Sand Key to launch boats off the sandy
area where today stands the CCSC. It was due to the combined efforts of many local
sailors, individuals, Clearwater Yacht Club (CYC) and Windjammers of Clearwater
(WJOC) that the site was saved from becoming a parking lot and transformed it into one
of the finest sailing facilities in the United States. In 1991, the current facility was built
and operated by the City of Clearwater as a recreational facility falling under the Marine
& Aviation Department. In 2002, the city partnered with Clearwater Community Sailing
Association, a 501(c)3 non-profit organization, to take over the operations and programs
at the facility. Under the management of CCSA, it expanded services, activities, usage
and visibility of CCSC and has provided a great deal of goodwill locally, nationally and
internationally for our Clearwater Community. The reputation of the center continues to
reflect positively on the city and surrounding area. CCSC continues to expand the
versatility of its services and programs in efforts to meet the needs of our local
community as well as guests to the area.
Recent Accomplishments
CCSC is becoming recognized as a premier sailing venue in the southeast. In 2011
CCSC became a U.S. Sailing Community Sailing Sanctioned Center, and assists as a
co-host for US Sailing with Annual National Symposiums 2011 and 2013. We have
recently been honored with a partnership with US Sailing as an Olympic / Paralympics
Training Center, as well as a co-host of the 2016 W orld Championships for the Olympic
Attachment number 1 \nPage 18 of 28
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CCSA Business Plan Page 3
49er and 49erFX Class. In the past couple of years CCSC received a number of awards
including 2012 Clearwater Regional Chamber, Small Non-Profit of the Year, Clearwater
Beach Chamber 2013 Non Profit of the Year. We also received US Sailings 2013
Outstanding Program for Disabled Sailors for our pilot special needs program for
Autistic / Asperger’s syndrome.
Physical Site
The current site consists of a modern 2 story building with office, storage, and repair
area. There are utility, toilet, and shower facilities as well as meeting rooms with an
upper and lower deck and veranda. There are 3 stairways, and elevator for access to
the second level. There are two fixed docks extending 162 feet into the harbor with
floating platforms on each end with the northern dock being adaptable sailing
accessible, and a 3 boat lift on the southern dock. The physical site includes all land
from the edge of Gulf Boulevard to the water edge and from the property line of the
Marriott at the south end to the north storage pen at the base of Sand Key Bridge. Other
storage areas include the property under the south side of Sand Key Bridge to the
County Park property line. Plans are in development for upgrades to the facility and
docks to facilitate our partnership with U.S. Sailing in our support as an Olympic /
Paralympics Training Center.
Boat Storage
The main yard is used for the center’s fleet of boats. There is a north beach storage pen
that is used to store members’ boats and is a convenient launching site for the smaller
craft. Storage is provided for a nominal fee and the rate is adjusted based upon the size
of boat. Other storage is provided on a short term basis for events and regattas.
Storage areas are also utilized by our Corporate Members / Partners and may be
included in their agreements.
Fleet
CCSC has over 50 entry level to intermediate sailing vessels, as well windsurfing gear,
kayaks, and stand up paddleboards. With the versatile quantity of watercraft we are
able to provide our community with a variety of recreational options, as well as vessels
for educational, instructional and community programs. CCSC also has 7 support
Safety/Rescue power vessels.
Programs
Since 2005, over 4000 youth from ages 5 – 17 have attended CCSC summer and out of
school camps. On a 4 year average approximately 400 children attend the ten weeks of
summer sailing camp each year. On the same average, more than 1500 adults from 17-
80 have taken some form of sailing instruction at CCSC. Our students have been of all
abilities, and economic backgrounds. Over 1000 sailors from across the U.S. and
around the globe continue to participate each year in regattas sailed out of CCSC.
CCSC continues to expand on various programs for youth and adult. Our facility
provides a variety of services and programs for our local community. Safe boating
classes have been offered by the U.S. Coast Guard Auxiliary, and plans are in place for
a partnership program with U.S. Power Squadron. Watercolor and yoga classes are
also offered at the facility and geared toward our senior population. Local civic
associations and Condo Associations such as Sand Key Civic Association use CCSC
Attachment number 1 \nPage 19 of 28
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CCSA Business Plan Page 4
for their monthly and annual meetings. CCSC is also host to numerous wedding
receptions and events for local area residents.
Special Needs Programs
CCSC provides special needs programs within our own staff or partnership with other
organizations. In 2011 CCSC started a program for those youth with Autism /
Asperger’s Syndrome as well as others with high functioning emotional special needs.
CCSC is able to provide programming for those Physically Challenged Sailors with its
partnership with Sailability of Greater Tampa Bay (SGTB), a not for profit 501(c)3.
SGTB partnered with CCSC in 2002 and provides adaptable sailing with its fleet of
accessible dinghies. SGTB provides sailing instruction and training for the Special
Olympics and CCSC is a Special Olympic sanctioned training center through SGTB.
There are a number of community programs that are hosted by SGTB and CCSC
including Shriners Hospital, Boys and Girls Clubs of Tampa Bay, The Florida Sheriff’s
Youth Ranch, Wounded Warriors, Veterans from local VA as well Never Say Never
Pirate Camp. These are just a few of the many that are serviced through SGTB and
CCSC’s partnership.
Volunteers
Volunteers – Our membership base has provided thousands of volunteer hours that
have helped support the Sailing Center’s mission. Volunteers perform such varied tasks
as yard and beach clean-up, vessel repair, assisting instructors in group instruction and
on the water lookout during Sailability Community Sails and other CCSC events.
Volunteers are a necessity to accomplish necessary tasks in fundraising, event
organization and implementation.
Membership
CCSC's membership has grown considerably since the approximate membership of 25
in 2002. Since 2011, we have averaged around 340 annual memberships per year, both
individual and family. CCSC continues to expand on its other part time memberships
including daily, 2 Day Resort as well as Seasonal. Today's audience reached provides
a full spectrum of today’s society. We serve ages from 5 to seniors, both able bodied
and special needs sailors including physically, emotionally or financially challenged.
Geographically, approximately 75% of our clients live in Clearwater, St. Petersburg, or
Tampa and the surrounding areas. The remainder are both domestic and international
visitors. Many are repeat customers who return year after year with the sailing center as
one of the attractions that brings them back to Clearwater.
Supporting Organizations
CCSC enjoys both volunteer and economic support from a number of organizations,
including, Tampa Bay Charities, Inc., Sand Key Civic Association, Clearwater Yacht
Club, Clearwater Rotary, and Paralyzed Veterans Association, to name a few. We also
receive support from others groups and individuals. CCSC has received over
$100,000.00 in financial support over the last 3 years.
Attachment number 1 \nPage 20 of 28
Item # 4
CCSA Business Plan Page 5
Operations
CCSC operates as an all-inclusive, non-motorized vessel use sailing facility. We provide
memberships for local residents and visitors. CCSC also provides youth and adult
programs and events. Aside from membership, CCSC provides rental use of equipment
for daily guests and visitors. CCSC also provides a winter training home for national
sailing organizations such as the Canadian Sailing Federation, Quebec Sailing and
others. We also provide facility rentals for events. There are retail items for sale in the
office.
Income Activities
CCSC is host to numerous programs and activities that provide income for the daily
operations at the center.
· Membership
· Sailing Instruction
· Youth Programs
· Regattas
· Boat Storage
· Boat Rental ( including windsurf gear, kayaks, standup paddle boards)
· Retail Sales
· Donations, grants and other sources of funding
Staffing and Hours of Operation
CCSC is currently staffed by the Director and 4 other full-time employees. There are
also 3 part-time, and 5-6 seasonal employees on staff as needed. 4 of 5 full time
employees are U.S. Sailing Certified instructors of at least Level 2 or higher, that also
includes First Aid and CPR training.
The hours of operation are normally Monday-Friday 9-8 and Saturday and Sunday 9-5
during season Memorial Day through Labor Day. During off season we are open
Tuesday-Sunday 9-5, Labor Day to Memorial Day, with Monday closed. There is also
additional staffing during facility rentals, often outside of normal business hours.
Pricing and Profitability
Pricing for fees, goods, and services are continually analyzed and adjusted to be
competitive with other community sailing centers in the state. Periodic surveys will be
taken to ensure CCSA’s rates and fees are competitive and in alignment with other
community sailing centers. We continue to look for additional opportunities to expand
our present income streams.
Issues
Here at CCSC, the board and staff are committed to make the necessary changes to
reach the next level in serving our community. In place is a dedicated staff supported by
a progressive board seeing the vision of growth, and that possible next level, even so,
there are always hurdles to be cleared and growing pains to overcome. CCSC
continues to grow in a healthy and positive manner, and remains vigilant in that pursuit.
We look forward to expanding our CCSC family partnerships, keeping in mind the
responsibility and accountability within our commitment to our community according to
Attachment number 1 \nPage 21 of 28
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CCSA Business Plan Page 6
our mission statement. Larger issues of concern are the escalating growth of CCSC’s
services, and the demand for them continues to press on the available resources
including facilities, vessels, and gear. Of major concern is our classroom and meeting
space, waterfront access for events and overall program growth. Storage and rigging
space is beyond limited with the possibilities of larger events, and the pressing demand
of CCSC services.
Goals
1. Financial growth and sustainability
a. Develop Board responsibilities for financial growth
i. Progressive Board growth
1. Strategic and diverse board membership
2. Strong community connected members
ii. Strategize growth potential according to mission
1. Determining short and long term objectives
2. Redefining / update of mission
3. Evaluating and addressing potential mission drift
iii. Organization priorities and consistency
1. Identify organizational priorities
2. Consistent management and support
iv. Fundraising Committee
1. Develop a Strategic Fundraising Plan
2. Incorporate Innovative Fundraising Techniques
3. Board levels of involvement
4. Fundraising responsibility
b. Analyze current programs and services
i. Determine effectiveness / efficiency of current programs /
contributions
1. Community programs
2. Membership programs
3. Partnership programs
ii. Determine effectiveness / efficiency of current services
1. Membership
2. Instruction
3. Boat rental
4. Facility rental
5. Storage
6. Retail sales
c. Increase current program participation levels
i. Review current program organization and implementation
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Item # 4
CCSA Business Plan Page 7
1. Improve program management strategy
2. Develop a plan of desired program paths, competitive/non-
competitive
3. Develop needed continuing education programs and modules
ii. Review current program marketing
1. Analyze and target demographically
2. Review current marketing and improve strategies
3. Utilize available marketing resources
d. Continued expansion of programs, activities, and events
i. Broaden scope of base programs
1. Wider variety of sailing programs
a. Diverse youth programs, competitive / non-competitive
b. Diverse adult programs, competitive / non- competitive
c. Scheduled programs and instruction
2. Wider variety of paddling programs
a. Increased stand up paddling programs
b. Introduce kayak instruction program
c. Develop partnership program for outrigger paddling
ii. Continue Promotion of water safety programs
1. Educational programs
a. Community Safety Education
i. First aid and CPR
ii. Waterfront lifeguarding courses
b. Sailing and boating safety education
i. U.S. Sailing
ii. Coast Guard Auxiliary
iii. Power Squadron
c. Marine environment education
i. Partnership with local existing programs
ii. Develop environmental program
iii. Promote aquatic educational opportunities to educational facilities
1. Private schools
2. Local colleges for accreditation
iv. Promote, increase host events and regattas
1. Increase level of regattas
a. Continued CYC partnership to host regattas
b. Provide race official instruction
c. Increase local fun racing
2. Offer other water sporting events
Attachment number 1 \nPage 23 of 28
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CCSA Business Plan Page 8
a. Paddle racing
b. Kayak outings
c. Open water swims
e. Attract grants and donations through programs offered
f. Continued facility rental opportunities
g. Expand retail product and sales
2. Continued cooperative effort with local business, civic and community
organizations to further the development
a. Provide Corporate memberships for area businesses
b. Develop sponsorships to support various programs
c. Revitalize the committees that support the operational and safety at CCSC
d. Revitalize CCSC volunteer program
3. Improved Marketing and Advertising
a. Review current advertising and marketing efforts
b. Market Research
i. Industry trends
1. Local, state, national
ii. Customer base target segmenting
1. Existing Customers
2. Potential Customers
iii. Competition
1. Local, state market competition
a. Membership
b. Services
c. Develop marketing strategy
i. Objectives
1. Membership
2. Services
3. Fundraising / Sponsorship
ii. Marketing Budget
1. Percentage of previous sales by target objective
2. Annual set amount
iii. Determination of Media
1. Print
2. TV/Radio
3. Web / Social Medias
Each goal above will have its own objectives and strategic initiatives that will be
developed to accomplish the goal. These goals will continue to make CCSC more viable
and financially sustainable. With the ever increasing effort and dedication being made,
CCSC will continue to fill its mission and build upon its vision for the benefit of our entire
community.
Attachment number 1 \nPage 24 of 28
Item # 4
CCSA Business Plan Page 9
Future Ambitions:
· Increase of meeting and classroom space
· Increase of vessel and gear storage facilities
· Continued fleet asset capitalization
· Continued building and aesthetic upgrades
· Increase retail inventory / services
· Continued focus on new program development
Financial History and Five Year Projections
The historical data collected in the table below is used to provide the upcoming five year
projections. The projections are conservative, based on the current state of the
economy and the fluctuating net income. The net income does not have an
increasing/decreasing pattern in revenues, therefore the baseline for the next five year
projections are taken from the average income over the past five years (FY 2009
through FY 2013) with a projected 5 percent income increase and 5 percent expense
increase over each year. An analytical review of CCSC expenses will be conducted with
a focus on areas to decrease and/or maintain while allowing further growth.
Attachment number 1 \nPage 25 of 28
Item # 4
CCSA Business Plan Page 10
Clearwater Community Sailing Center
Profit & Loss
October 2008 - September 2013
FY 2009 FY 2010 FY 2011 FY 2012 FY 2013
Income
Total Contributions 73,313 39,376 115,339 55,694 80,268
Total Inactive Income Accounts -1,022 -1,292 -1,740 -2,534 -2,255
Total Non Profit Income 336,964 339,634 387,412 393,557 436,866
Total Income 409,255 377,783 501,107 447,256 515,599
Gross Profit 409,255 377,783 501,107 447,256 515,599
Expenses
Total Bank Charges 5,653 5,838 6,790 8,951 11,817
Total Dues & Subscriptions 851 -1,924 937 1,066 1,560
Total Employee Benefit 1,009 2,666 6,390 1,545 1,387
Information/Technology 4,471 2,695 5,559 1,901
Instructor Fee 11,670 6,521 20
Total Insurance 20,384 22,731 21,897 23,289 23,040
Total Maintenance 21,398 20,114 31,002 21,161 27,854
Total Marketing & Sales 5,429 3,863 6,255 10,636 13,138
Total Office Expenses 5,034 5,221 4,777 2,991 2,608
Total Operating Expenses 17,463 9,785 21,291 26,048 17,330
Total Payroll Expenses 219,993 189,470 242,124 277,532 265,368
Total Permits & Licenses 547 1,106 192 1,182 511
Total Professional Fees 10,603 4,705 3,763 2,912 3,729
Total Regattas 4,471 9,967 4,184 7,568 6,436
Total Rent 15,073 15,261 15,261 15,261 15,261
Total Taxes 4,504 4,325 9,889 6,831 593
Total Travel 59 946 822 786 162
Total Utilities 18,847 20,648 19,686 20,853 20,444
Total Expenses 351,492 338,140 425,109 436,170 424,753
Net Operating Income 57,763 39,643 75,998 11,086 90,846
Attachment number 1 \nPage 26 of 28
Item # 4
CCSA Business Plan Page 11
Clearwater Community Sailing Center
5 Year Projected Profit & Loss
Fiscal Years 2014 - 2018
Actual
2013 FY 2014 FY 2015 FY2016 FY 2017 FY 2018
Income
Total Contributions 90,372 244,891 99,636 104,617 109,848 115,341
Total Inactive Income Accounts -3,501 -3,676 -3,860 -4,053 -4,256 -4,468
Total Non Profit Income 458,344 481,261 505,324 530,590 557,120 584,976
Total Income 545,980 722,476 601,100 631,154 662,712 695,848
Gross Profit 545,980 722,476 601,100 631,154 662,712 695,848
Expenses
Total Bank Charges 11,869 12,462 13,085 13,739 14,426 15,148
Total Dues & Subscriptions 1,035 1,087 1,141 1,198 1,258 1,321
Total Employee Benefit 3,009 3,160 3,318 3,483 3,658 3,840
Information/Technology 1,985 2,084 2,188 2,298 2,413 2,533
Total Insurance 26,128 27,434 28,806 30,246 31,758 33,346
Total Maintenance 31,519 33,095 34,749 36,487 38,311 40,227
Total Marketing & Sales 13,504 14,179 14,888 15,632 16,414 17,234
Total Office Expenses 2,553 2,680 2,814 2,955 3,103 3,258
Total Operating Expenses 18,654 19,587 20,566 21,594 22,674 23,808
Total Payroll Expenses 267,430 280,802 294,842 309,584 325,063 341,317
Total Permits & Licenses 867 910 955 1,003 1,053 1,106
Total Professional Fees 3,786 3,975 4,174 4,383 4,602 4,832
Total Regattas 3,405 3,575 3,754 3,941 4,139 4,345
Total Rent 15,261 16,024 16,825 17,667 18,550 19,477
Total Sailing Instruction Cost 11,395 11,965 12,563 13,191 13,851 14,543
Total Taxes 1,230 1,292 1,356 1,424 1,495 1,570
Total Travel 162 170 179 188 197 207
Total Utilities 20,542 21,569 22,648 23,780 24,969 26,218
Total Expenses 435,541 456,358 479,176 503,135 528,292 554,706
Net Operating Income 110,439 266,118 121,924 128,020 134,421 141,142
Attachment number 1 \nPage 27 of 28
Item # 4
CCSA Business Plan Page 12
Summary
The Clearwater Community Sailing Center is seeing the reality of becoming the area’s, if
not the state’s, premier waterfront facility. CCSC has used sailing as its foundation and
has expanded its programs into other areas of non-motorized boating and other water
sport activities. The location of the center with the protected harbor and access to the Gulf
makes it a desirable location for all skill levels, from beginner to highly skilled competitors.
It is an ideal area for regattas and local competitive training facility for Olympic class
sailors. By continuing to expand our programs and partner with other organizations, our
reputation as a desired watersports venue will continue to grow. With that growth we will
be able to serve our local community with greater impact, with more versatility, and
maintain financial health and sustainability.
Attachment number 1 \nPage 28 of 28
Item # 4
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Approve the First Amendment to Revocable License Agreement between the City and Emerald Coast Bungee, Inc., to clarify language
regarding sales tax provisions and employee background screening, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On June 6, 2013, a Revocable License Agreement between the City and Emerald Coast Bungee, Inc. (ECB), was approved to provide
entertainment concessions at Pier 60 Park for a guaranteed payment of $52,500 per year.
Staff is desirous of amending the Agreement to reflect the following clarifications:
1. Section 4 License fee: Amend the agreement by adding language that clearly states that all applicable sales taxes relating to the flat
fee paid to the City be included on top of the flat fee and not included in the fee.
2. Section 7 Licensee duties and responsibilities (f): The current language in the agreement simply states that the Licensee will provide
appropriate background screening for all employees in accordance with the law. Staff believes this needs to be more specific and the
amendment adds language that will require ECB to voluntarily register with the Florida Department of Law Enforcement to participate
in the Volunteer and Employee Criminal History System (VECHS) for background checks, as authorized by the National Child
Protection Act and Florida Statute 943.0542 (1999), and that ECB agrees to secure the highest level of background screening available
under VECHS.
ECB is in agreement with these changes.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 5
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Item # 5
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Declare the 2001 Barber Beach Rake (G2376) and the 2008 John Deere Tractors (G3549 and G3550), surplus to the needs of the City to
be used for trade in value to purchase a new Barber Beach Rake and Tractors to maintain Clearwater Beach. (consent)
SUMMARY:
Staff is recommending that Barber Beach Rake G2376 and Tractors G3549 and G3550 be declared surplus to the needs of the City since
they have outlived their useful life and cost of repairs and maintenance has risen to a point where new vehicles are needed to continue
the 365-day beach operations. This equipment has constant breakdowns and in the shop on a regular basis and not available for
consistent use on the beach.
Staff is recommending that the surplus equipment be used for trade in value rather than selling at auction since the trade in value far
exceeds auction price.
Since the trade in value of these vehicles, $14,000 for the Barber Surf Rake and $26,000 for the tractors, exceeds $5,000, the City
Council must declare them surplus for this purpose.
A separate purchasing item will be forthcoming recommending the replacement of these vehicles.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 6
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Approve that a Restrictive Covenant be placed upon certain city-owned land, requiring that the land and associated improvements,
commonly known as Ruth Eckerd Hall, be used as a cultural facility for ten years from the effective date of an underlying grant
agreement between Ruth Eckerd Hall, Inc. and the State of Florida, Department of State, Division of Cultural Affairs (FDCA) for the
Cultural Facilities Grant in the amount of $500,000 for the renovation of the Murray Studio Theatre at Ruth Eckerd Hall, and authorize
the appropriate officials to execute same. (consent)
SUMMARY:
Ruth Eckerd Hall, Inc. has been awarded a matching grant, in the amount of $500,000, for the expansion of the Murray Studio at its
main campus located at 1111 N McMullen Booth Rd, Clearwater, Florida.
The grant is to be used exclusively by Ruth Eckerd Hall, Inc. (REH) to renovate and expand the Murray Studio.
As the owner of the land upon which the Murray Studio Theatre will be situated, the State is requiring that the City of Clearwater
execute the subject Restrictive Covenant. The Restrictive Covenant requires that the land and the associated improvements be used as a
cultural facility for a period of ten years following execution of the grant award agreement, in accordance with Florida Statute 265.701
(4).
If Ruth Eckerd Hall ceases to be a cultural facility, then repayment of the funds will be required on a decreasing graduated basis as
provided for in the Restrictive Covenant. Further, paragraph 8 of the Restrictive Covenant states that should repayment be required, and
Ruth Eckerd Hall, Inc. fail to repay the funds, that parties, including the city, agree to a stipulated judgment providing for a valid lien
against the property until such time as the funds are repaid.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 7
RESTRICTIVE COVENANT
(Grantee owns building, leases land.)
THIS RESTRICTIVE COVENANT is hereby entered into this
_____ day of _______________, 20_____, by _City of
Clearwater, hereinafter referred to as “the Land Owner”;
Murray Studio Theatre at Ruth Eckerd Hall, hereinafter
referred to as “the Grantee;” and the State of Florida,
Department of State, Division of Cultural Affairs, hereinafter
referred to as the “Division”.
WHEREAS, the Land Owner is the fee simple title holder of the land located at
1111 N. McMullen Booth Road, Clearwater, Florida 33759 A legal description
of the subject property is attached as Exhibit A and is made a part of this covenant.
WHEREAS, the Grantee is the lessee of the land for______ years but owns or
will own the building(s) used or to be used as a cultural facility. “Facility” refers
herein to the building(s) and associated land to be used as the “cultural facility,” as
defined herein.
WHEREAS, the Grantee has been approved to receive a Cultural Facilities
Grant in the amount of $500,000, to be administered by the Division and used
only for the acquisition, renovation, and construction of the cultural facility as
required by Section 265.701(1), Florida Statutes.
WHEREAS, the Division has authority under Section 265.701(4), Florida
Statutes, to require the recordation of this restrictive covenant to ensure that the
facility will be used as cultural facility, as defined herein, for at least ten (10) years
following execution of the grant award agreement.
NOW THEREFORE, in partial consideration for the Cultural Facilities Grant and
in accordance with Section 265.701(4), Florida Statutes, the Parties agree to the
following:
1.) This restrictive covenant shall run with the title to the facility and the
associated land, shall encumber them, and shall be binding upon the Grantee, the
Land Owner, and their successors in interest for the period of (10) ten years
following execution of the grant award agreement.
2.) The grant award shall only be expended for:
Project Title: Murray Studio Theatre at Ruth Eckerd Hall (14-9006)
Page 1 of 8
Attachment number 1 \nPage 1 of 8
Item # 7
3.) For the required duration of this covenant, the Parties
agree that the Grantee shall own all improvements to the
facility and to the associated land, funded in whole or in part
by grant funds
4.) The Division has the right to inspect the facility and the
associated land at all reasonable times to determine whether
the conditions of the agreement and this covenant are being
complied with.
5.) The facility shall be maintained as a “cultural facility,” defined as a
building which shall be used primarily for the programming, production,
presentation, exhibition or any combination of the above functions of any of
the cultural disciplines, such as: music, dance, theatre, creative writing,
literature, painting, sculpture, folks arts, photography, crafts, media arts, and
historical and science museums.”
6.) This restrictive covenant will be violated if the Grantee, the Land Owner, or
their successors in interest do not use or cease to use the facility as a cultural
facility, as defined herein, within ten (10) years following execution of the grant
award agreement as required by Section 265.701(4), Florida Statutes. If the
Grantee violates this restrictive covenant, it shall repay the grant funds to the
Division pursuant to the amortization schedule set forth below:
a. If the violation occurs within five (5) years following the execution of the
grant award agreement, 100% of the grant amount;
b. If the violation occurs more than five (5) but less than six (6) years follow-
ing execution of the grant award agreement, 80% of the grant amount;
c. If the violation occurs more than six (6) but less than seven (7) years fol-
lowing execution of the grant award agreement, 65% of the grant amount;
d. If the violation occurs more than seven (7) but less than eight (8) years fol-
lowing execution of the grant award agreement, 50% of the grant amount;
e. If the violation occurs more than eight (8) but less than nine (9) years fol-
lowing execution of the grant award agreement, 35% of the grant amount; and
f. If the violation occurs more than nine (9) but less than ten (10) years follow-
ing execution of the grant award agreement, 20% of the grant amount.
7.) Any amount due from the Grantee as a result of a violation of this
restrictive covenant shall be due in full within 90 days of the violation, or some
other period of time as agreed upon by the Parties.
Page 2 of 8
Attachment number 1 \nPage 2 of 8
Item # 7
8.) If the entire amount due under the paragraph (6) is not
repaid by the Grantee within the time allotted, the Parties
agree that the Division may obtain a stipulated judgment
against the Grantee for the amount due plus interest at the
current legal rate, and record it in the public records of the
county where the property is located. The Parties further
agree that such a judgment shall be a stipulated judgment by
virtue of full execution of this restrictive covenant; that it
shall not require further approval of the Grantee or the Land
Owner to obtain; and that no trial or hearing shall be necessary to make such
a stipulated judgment legally effective. Such a stipulated judgment, when
recorded, shall be considered a valid lien upon the Grantee’s interest in the
facility and the leased land, including improvements to the facility and the
land, funded in whole or in part by grant funds.
9.) As a condition to receipt of grant funds, the Grantee shall:
a. Record this covenant in the public records with the Clerk of the Circuit Court
of ____________County, Florida;
b. Pay all fees associated with its recording; and
c. Provide certified copy of the recorded covenant to the Division and to the
Land Owner.
10.) The Parties agree that the Division shall incur no tax liability as a result
of this covenant.
Page 3 of 8
Attachment number 1 \nPage 3 of 8
Item # 7
IN WITNESS WHEREOF, the Grantee and the Land Owner hereby affirm
that they have read this restrictive covenant; that they understand and agree
to its terms; and that they hereby affix their signatures accordingly.
WITNESSES: PARTIES:
______________________________ _________________________________
GRANTEE SIGNATURE GRANTEE NAME (print)
______________________________ __________________________________
First Witness Signature First Witness Name (print)
______________________________ ___________________________________
Second Witness Signature Second Witness Name (print)
______________________________
GRANTEE ADDRESS
______________________________
City State Zip
The State of Florida
County of _____________________________
I certify that on this date before me, an officer duly authorized in the state
and county named above to take acknowledgments, that
_______________________________________________________personally
(Name)
appeared as _______________________for ______________________________
(Position) (Name of Qualifying Entity)
known to me to be or proved to my satisfaction that he/she is the person described
in and who executed the foregoing instrument.
Page 4 of 8
Attachment number 1 \nPage 4 of 8
Item # 7
Type of Identification Produced ________________________
Executed and sealed by me at __________________, Florida
on ________________________________.
Notary Public in and for
The State of ________________________
My commission expires:_______________
[SEAL]
____SEE PAGE 8___________________________________________________
LAND OWNER SIGNATURE LAND OWNER NAME (Print)
________________________________ ________________________________
First Witness Signature First Witness Name (print)
________________________________ ________________________________
Second Witness Signature Second Witness Name (print)
________________________________
LAND OWNER ADDRESS
________________________________
City State Zip
Page 5 of 8
Attachment number 1 \nPage 5 of 8
Item # 7
The State of Florida
County of _____________________________
I certify that on this date before me, an officer duly autho-
rized in the state and county named above to take acknowledgments, that
_______________________________________________________personally
(Name)
appeared as _______________________for _________________________________
(Position) (Name of Qualifying Entity)
known to me to be or proved to my satisfaction that he/she is the person de-
scribed in and who executed the foregoing instrument.
Type of Identification Produced ____________________________________________
Executed and sealed by me at __________________, Florida on _________________
Notary Public in and for
The State of ______________________
[SEAL] My commission expires: _____________
Page 6 of 8
Attachment number 1 \nPage 6 of 8
Item # 7
For the Division of Cultural Affairs:
______________________________ R.A. Gray Building
Name Title 500 S. Bronough Street
Tallahassee, Florida 32399
______________________________ _____________________________
First Witness Signature First Witness Name (Print)
_____________________________ _____________________________
Second Witness Signature Second Witness Name (print)
The State of Florida County of _____________________________
I certify that on this date before me, an officer duly authorized in the state and
county named above to take acknowledgments, that
_______________________________________________________personally
(Name)
appeared as ______________________for the Florida Department of State, Division of
(Position)
Cultural Affairs known to me to be or proved to my satisfaction that he/she is the
person described in and who executed the foregoing instrument.
Type of Identification Produced ___________________________________________
Executed and sealed by me at __________________, Florida on ________________
Notary Public in and for
The State of ________________________
[SEAL] My commission expires: _______________
Page 7 of 8
Attachment number 1 \nPage 7 of 8
Item # 7
Countersigned: CITY OF CLEARWATER, FLORIDA
__________________________ By: _________________________
George N. Cretekos William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
__________________________ _____________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
Page 8 of 8
Attachment number 1 \nPage 8 of 8
Item # 7
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Approve the grant of an Ingress/Egress Easement to Taub Entities, LLC, providing for pedestrian access over and across certain beach
property westward of 1590 Gulf Blvd., Clearwater, with the recording of said easement being subject to the City taking fee simple title
to the subject property; and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Taub Entities, LLC (Taub) is in the process of constructing the Finale, a new residential development on property located at 1590 Gulf
Boulevard, Clearwater. Chapter 54 of the Clearwater Community Development Code requires that recreation land impact fees are paid
for this type of construction project. Section 54.23 (fees – Determination of Amount) provides that the City Manager or designee shall
determine whether the recreation land impact fee shall be satisfied by a land dedication, money payment or a combination thereof.
Staff has agreed to accept a parcel of land encompassing undeveloped beach area of approximately 0.41 acres more or less; to satisfy
the recreation land impact fee requirement of approximately $121,888 (closing on land is scheduled for February 13, 2014). This
arrangement includes the conveyance of an Ingress/Egress Easement from the City to Taub over the parcel. The purpose of the
easement is for future residents of the Finale to have the perpetual right of pedestrian access to the beach.
This parcel of land is located southwest of Bay Park on Sand Key and adjacent to the last public access to Sand Key beaches. Bay Park
on Sand Key provides the only public parking for persons wishing to enjoy the south Sand Key beach area.
A small portion of the land received from Taub is eastward of the coastal construction line and will be used to provide public showers
for beach goers utilizing Bay Park on Sand Key. An additional $4,600 of recreation facility impact fees will be collected from Taub and
used in the construction of the showers.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 8
Attachment number 1 \nPage 1 of 5
Item # 8
Attachment number 1 \nPage 2 of 5
Item # 8
Attachment number 1 \nPage 3 of 5
Item # 8
Attachment number 1 \nPage 4 of 5
Item # 8
Attachment number 1 \nPage 5 of 5
Item # 8
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Approve the use of the $87,000 from the City of Clearwater’s General Fund Reserves to support the overtime expenses related to
Human Trafficking Investigations. (consent)
SUMMARY:
The U.S. Department of Justice (DOJ) has identified Florida as one of the top three locations for human
trafficking. The Clearwater/Tampa Bay Area Task Force on Human Trafficking (CATFHT) has been
operational since 2006 with the City Council’s approval. The Clearwater Police Department was awarded a
federally funded grant from the Department of Justice, Bureau of Justice Assistance (DOJ/BJA).
Since 2006, the DOJ has recognized the CATFHT as one of the most successful in the nation. The
DOJ/BJA utilized Clearwater’s task force as a training site for law enforcement and non-governmental
organizations (NGO’s) from across the country. The objective was to learn about advanced human
trafficking investigative techniques from our investigators.
The U.S. Department of State facilitated law enforcement and academics from over 20 foreign countries to
meet with the Clearwater Task Force members to learn successful human trafficking investigative
techniques. Some of the countries that have attended this training with the task force include Thailand,
Saudi Arabia, Russia, Mexico, Lebanon, Afghanistan, Israel, India, and China.
Since the start of the task force, the Clearwater Police Department (CPD) has conducted hundreds of
criminal investigations resulting in 33 confirmed adult human trafficking victims and 42 confirmed juvenile
human trafficking victims. These long term and complex investigations have resulted in over 161 arrests.
Since October of 2006, the DOJ/BJA has provided funding for our CATFHT. In September of 2013, CPD
was informed by the DOJ/BJA that the City would not receive funding for the Human Trafficking Task Force
for fiscal year 2013/14.
Due to the significant need for this program to address the Human Trafficking concerns in this area, CPD is
seeking funding of $87,000 from the City of Clearwater’s General Fund Reserves to sustain the current
investigative capacity. The Task Force will continue to investigate active human trafficking cases in the area
and be used exclusively to fund criminal investigations. These funds will be closely monitored by the Office
of the Chief.
Special Project 181-99241, Human Trafficking Overtime, will be established at first quarter to account for
the overtime expenditures. The balance in General Fund reserves is approximately $20.6 million, or 18% of
the 2013/14 General Fund operating budget. Inclusive of the $1.4 million used to fund the current operating
budget, a total of $2,210,215 of General Fund reserves has been used to date to fund expenditures in the
2013/14 operating budget.
Type:Other
Current Year Budget?:Yes Budget Adjustment:Yes
Budget Adjustment Comments:
Cover Memo
Item # 9
Special Project No. 181-99241, Human Trafficking Overtime, will be established at first quarter to account for the overtime
expenditures. The balance in General Fund reserves is approximately $20.6 million, or 18% of the 2013/14 General Fund operating
budget. Inclusive of the $1.4 million used to fund the current operating budget, a total of $2,210,215 of General Fund reserves has been
used to date to fund expenditures in the 2013/14 operating budget.
Current Year Cost:$ 87,000.00 Annual Operating Cost:$
87,000.00
Not to Exceed:Total Cost:$
87,000.00
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
181-99241 $87,000.00 (See Budget Adjustment Comments)
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 9
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
No item
SUMMARY:
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 10
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Approve the conveyance of a Distribution Easement be granted to Duke Energy for the installation of electrical facilities to provide
service to a production well at Del Oro Park, to be executed and recorded at such time as the as-built location of such facilities is
available; and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Duke Energy (Duke) will be installing facilities to provide electrical service to a new production well at Del Oro Park. When complete
the well will provide raw water to R.O. Plant 2 (City Project 10-0039-UT). Staff is requesting that Council approve the easement at this
time; however the easement shall not be executed and recorded until the facilities installation is complete and an as-built diagram may
accurately reflect facilities location as an exhibit to the easement.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 11
This document prepared by Kristy Parker
Return to: Duke Energy - Support Services
3300 Exchange Place, NP4A
Lake Mary, FL 32746
SEC: 09 TWP: 29S RGE: 16E COUNTY: PINELLAS PROJECT: CW-13-527451
GRANTOR: CITY OF CLEARWATER
SITE ADDRESS: 401 N. MCMULLEN BOOTH RD. CLEAWATER, FL 33759
TAX PARCEL NUMBER: 09/29/16/00000/340/0100
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and
assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does
hereby grant and convey to DUKE ENERGY FLORIDA, INC., d/b/a DUKE ENERGY, a Florida corporation
(“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, an
easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing
electric energy and service, said facilities being located in the following described “Easement Area” within
GRANTOR’S premises in Pinellas County, to wit:
Utility Easement more particularly described on Exhibit “A” attached hereto and by
this reference made a part hereof.
The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE
to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby
agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction,
repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation,
operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the
voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the
Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE,
endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the
reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but
outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe
and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter
upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted;
and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient
installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the
purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the
provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said
easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights
granted to GRANTEE herein.
GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be
located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed
so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on
the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted
transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s
Attachment number 1 \nPage 1 of 3
Item # 11
facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities
to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall
reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to
GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the
completion of the relocation, the easement herein shall be considered cancelled as t o the portion vacated by such
relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description
was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall
pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this
easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and
GRANTOR shall not have any liability related to errors in the legal description.
GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in
GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28
and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the
negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees.
Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute
768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be
construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or
as a waiver of sovereign immunity.
GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses,
claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise
reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on
the above described easement.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the
premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful
authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful
possession, use and enjoyment of this easement.
All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory
upon the heirs, successors, lessees and assigns of the respective parties hereto.
Attachment number 1 \nPage 2 of 3
Item # 11
IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name
by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this
_____ day of ___________________________, 2014.
GRANTOR:
Countersigned:
_________________________________ By: _______________________________
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
____________________________ ____________________________
Laura Lipowski Mahony Rosemarie Call, City Clerk
Assistant City Attorney
State of Florida )
) ss
County of Pinellas )
BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the
Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are
personally known to me.
WITNESS my hand and official seal this _______ day of _____________________, 2014
____________________________________ My commission expires:
Notary Public
Print/Type Name ______________________
Attachment number 1 \nPage 3 of 3
Item # 11
SAN
SAN
LN
BAY
CALAIS
SAN
MADERA
THOMAS RD
WOLFE RD
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AVE
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F e a t h e r w o o d
McMULLEN BOOTH RD
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CR-611
AVE
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PROJE C TSITE
PROJECTSITE
^
DREW ST BAYSHOREBLVD
#176Del Oro Park
#179Cooper's Point Park
#180Ruth Eckerd Hall (P.A.C.T.)
#175Eddie C. Moore Softball Cmplx - Fields 1-4
#177Cooper's Bayou
#177Cooper's Bayou
#261Pond
#178Cooper's Bayou Park
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM CHL N.T.S.283A 09-29s-16w01/14/20 14Map Gen By:Reviewed By:S-T-R :Grid #:Date:Scale:
Distribution Easement to Duke EnergyDel Oro Park
Document Path: V:\GIS\Engineerin g\Location Map s\Del Oro Park Easement.mxd
Legend
Vac ant
Parks & Rec reation Area
Leasehold
Attachment number 2 \nPage 1 of 1
Item # 11
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#2 AWG AL (A)
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#1/0 AWG-2 - SN
#1/0 AWG-3 AAC - SN
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e[%OPEN
J
401 N MCMULLEN
BOOTH ROAD
(DEL ORO PARK)
BOOTH RD
ACCESS TO SITE
P1
7105726
P2
8147668
I - 75KVA 277/480V
PDMT XFMR
P3
8147669
PRI NODE
(SPLICE POINT)
J
S4 10'
I - 3PH 1/0 UG PRI
J
S4 15'
I - 3PH 1/0 UG PRI
J
JOB NOTES:
- JOB IS TO SET NEW PADMOUNT
XFMR FOR CITY OF CLEARW ATER
WELL SITE.
- HAND TRENCH FROM EXISTING
XFMR TO NEW ONE, THEN BACK
AND SPLICE IN ON THE OPEN
SIDE OF THE EXISTING LOOP.
- ENGINEER TO STAKE XFMR LOC'N.
- DOORS TO FACE SOUTH.
DRIVEW AY INTO PARK
(GRAVEL RD)
_;e
e
e
Duke Energy - Florida Region PRE-JOB SAFETY BRIEFING REQUIRED BEFORE STARTING WORK
DRAWN BY:
Stockton, Brett
DATE:12/17/2013
TRUCK ACCESS:OPEN
BREAKER:C3528
UPSTREAM PROTECTION DEVICE
103A FUSE - 7105724-1
WORK REQUEST:527451
OPERATION CENTER:
TA:
CLEARWATER
CW57
LAT LONG:
SHEET
1
1
OF
JOB TYPE:COMNB
401 N MCMULLEN-BOOTH RD
CLEARWATER, FL 33759
27.97053, -82.70764
TAXING AUTHORITY:
CLEARWATER
S-T-R:09/29/16
Attachment number 3 \nPage 1 of 1
Item # 11
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Accept a Drainage and Utilities Easement conveyed by the owner of real property located at 619 S. Gulfview Boulevard over a portion
of said property. (consent)
SUMMARY:
Improvements to property located at 619 S Gulfview Boulevard (Shephard’s Beach Resort) were approved
by the Community Development Board on November 17, 2009, under Case No. FLD2008-12033. The
project includes expanding the City’s stormwater infrastructure onto a portion of Shephard’s property. The
property owner will be responsible for construction costs, as the expansion will allow its private stormwater
facilities to tie into the City’s system. The proposed easement will allow the City to take ownership of
facilities that will improve stormwater conditions on S Gulfview and Bayway Boulevards.
The City’s South Gulfview Drainage Improvement Project was done concurrently with Shephard’s project to
create efficiencies and to minimize traffic impacts. A Clearwater Gas line was relocated from the right-of-
way to the easement area as a cost-effective solution to a facility-collocation conflict resulting from the two
projects. The proposed easement will allow the City to operate and maintain the gas line and to install other
utilities as may be necessary.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 12
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Item # 12
GULFVIEW
CORONADO
WATER
BAYSIDE
ST
HAMDEN
BRIGHT
DR
DR
FIFTH
GULFVIEW
S.
Parkway
S Shore
BAYWAY
B L V D
S.
PR O JE C TSITE
PROJECTSITE
^
CLEARWATER PASS
SAND KEY
PARK
#25Jetty
#21Clearwater Public Beach
#22Beach Pavilion
#246LS #14
#24CPD - Clwr Beach
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM CHL N.T.S.285 A 17-29s-15e01/16/2014Map Gen B y:Reviewed By:S-T-R:Grid #:Date:Scale:
Drainage & Utilities EasementShepherd's Beach Resort619 S. Gulfview Boulevard
Document Path: V:\GIS\Engine ering\Lo cation Ma ps\Shephard's Drai nage Easement.mxd
Legend
Parks & Recreation Area
Improved
Leas ehold
Attachment number 2 \nPage 1 of 1
Item # 12
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Award a construction contract to All American Concrete, Incorporated of Largo, Florida, for Woodlawn Terrace Floodplain Storage
(11-0028-EN) in the amount of $855,233.60, which is the lowest responsible bid received in accordance with plans and specifications
including $27,400 for alternate bid items; approve Southwest Florida Water Management District (SWFWMD) Cooperative Funding
Agreement; approve Engineer of Record (EOR) Supplemental Work Order to King Engineering in the amount of $51,386 for limited
Construction Engineering Services (CES) and authorize the appropriate officials to execute same. (consent)
SUMMARY:
A contract was awarded to Metro Equipment Services in May of 2013 for The Mall Sanitary Sewer System, and Woodlawn
Stormwater Improvements Project. In addition to installation of a sanitary system, this project included upgrading the existing
storm system to improve drainage.
The improvements to the Storm System required a downstream attenuation area to mitigate the impacts.
The Woodlawn Terrace Floodplain Storage Project will provide the attenuation volume required and wetland areas that will
improve water quality.
King Engineering has provided design, stormwater modeling, permitting, and bid services for Woodlawn Terrace Floodplain
Storage through previous work orders. Through this Supplemental Work Order, they shall provide limited Construction
Engineering Inspection services.
After construction the Stormwater Maintenance Department shall own, operate and maintain the Woodlawn Terrace Floodplain
Storage stormwater improvements.
The City applied to the SWFMD and received a grant for $350,000 to be utilized for this project.
First quarter amendments will establish Capital Improvement Program (CIP) project 0315-96185, Woodlawn Terrace Floodplain
Storage with $350,000 grant budget only and transfer funding from CIP 0315-96124, Storm Pipe System Improvements in the
amount of $656,619.60 which includes an excess of $100,000 for unforeseen costs with total funding in the amount of
$1,006,619.60.
Type:Capital expenditure
Current Year Budget?:No Budget Adjustment:No
Budget Adjustment Comments:
See summary
Current Year Cost:$906,619.60 Annual Operating Cost:
Not to Exceed:$906,619.60 Total Cost:$906,619.60
For Fiscal Year:2013 to 2014
Appropriation Code Amount Appropriation Comment
0315-96185-563700-539-
000-0000
$855,233.60See summary
0315-96185-561200-539-
000-0000
$ 51,386.00See Summary
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) City Manager 8) Clerk
Cover Memo
Item # 13
BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1 Floating Turbidity Barrier 80 LF 31.00$ 2,480.00$ 25.00$ 2,000.00$ 9.00$ 720.00$ 20.00$ 1,600.00$ 17.50$ 1,400.00$
2 Staked Silt Fence 1840 LF 1.90$ 3,496.00$ 2.00$ 3,680.00$ 1.25$ 2,300.00$ 3.00$ 5,520.00$ 2.30$ 4,232.00$
3 Tree Barricade 500 LF 5.60$ 2,800.00$ 3.00$ 1,500.00$ 1.75$ 875.00$ 7.00$ 3,500.00$ 15.00$ 7,500.00$
4 Root Pruning 910 LF 7.90$ 7,189.00$ 10.00$ 9,100.00$ 5.00$ 4,550.00$ 6.00$ 5,460.00$ 12.80$ 11,648.00$
5 Soil Tracking Prevention Device 2 EA 5,775.00$ 11,550.00$ 3,250.00$ 6,500.00$ 4,100.00$ 8,200.00$ 3,000.00$ 6,000.00$ 4,885.00$ 9,770.00$
6 Clearing and Grubbing 3.2 AC 13,000.00$ 41,600.00$ 6,375.00$ 20,400.00$ 6,500.00$ 20,800.00$ 3,000.00$ 9,600.00$ 6,500.00$ 20,800.00$
7 Tree Removal 1 LS 24,186.00$ 24,186.00$ 6,200.00$ 6,200.00$ 36,500.00$ 36,500.00$ 37,000.00$ 37,000.00$ 95,920.00$ 95,920.00$
8 Excavation 29000 CY 4.35$ 126,150.00$ 11.65$ 337,850.00$ 16.00$ 464,000.00$ 9.00$ 261,000.00$ 17.00$ 493,000.00$
9
Existing Storm Sewer Structure/Piping, Fencing, Water/
Electrical Services and Shelter Removal Allowance 1 LS 16,755.00$ 16,755.00$ 3,850.00$ 3,850.00$ 4,500.00$ 4,500.00$ 2,500.00$ 2,500.00$ 12,200.00$ 12,200.00$
10 FDOT Type C Inlet 1 EA 2,625.00$ 2,625.00$ 2,000.00$ 2,000.00$ 3,500.00$ 3,500.00$ 2,200.00$ 2,200.00$ 3,275.00$ 3,275.00$
11 15” RCP 35 LF 72.00$ 2,520.00$ 45.00$ 1,575.00$ 60.00$ 2,100.00$ 40.00$ 1,400.00$ 55.00$ 1,925.00$
12 15” Mitered End Section 1 EA 1,425.00$ 1,425.00$ 320.00$ 320.00$ 1,600.00$ 1,600.00$ 2,200.00$ 2,200.00$ 2,265.00$ 2,265.00$
13 Vinyl Sheet Pile Weir Structure with Concrete Cap 1 LS 20,160.00$ 20,160.00$ 57,225.00$ 57,225.00$ 38,500.00$ 38,500.00$ 16,500.00$ 16,500.00$ 79,000.00$ 79,000.00$
14 Riprap, Rubble, Ditch Lining 2270 TN 130.00$ 295,100.00$ 154.00$ 349,580.00$ 60.00$ 136,200.00$ 150.00$ 340,500.00$ 80.00$ 181,600.00$
15 Reno Mattress 5460 SF 15.50$ 84,630.00$ 6.00$ 32,760.00$ 11.00$ 60,060.00$ 15.00$ 81,900.00$ 9.00$ 49,140.00$
16 FDOT #57 Stone 310 TN 89.00$ 27,590.00$ 96.00$ 29,760.00$ 58.00$ 17,980.00$ 50.00$ 15,500.00$ 32.00$ 9,920.00$
17 Sodding 3800 SY 2.55$ 9,690.00$ 4.50$ 17,100.00$ 6.00$ 22,800.00$ 3.00$ 11,400.00$ 5.00$ 19,000.00$
18 Channel Plantings & Stabilization 1 LS 12,250.00$ 12,250.00$ 36,100.00$ 36,100.00$ 25,000.00$ 25,000.00$ 10,500.00$ 10,500.00$ 5,200.00$ 5,200.00$
19 Other Restoration 1 LS 24,445.00$ 24,445.00$ 4,500.00$ 4,500.00$ 9,000.00$ 9,000.00$ 5,000.00$ 5,000.00$ 6,400.00$ 6,400.00$
20 Mobilization (Max. 5% of Total Base Bid)1 LS 35,835.00$ 35,835.00$ 41,400.00$ 41,400.00$ 43,000.00$ 43,000.00$ 45,000.00$ 45,000.00$ 59,000.00$ 59,000.00$
21 Indemnification --LS 100.00$ 100.00$ 100.00$ 100.00$ 100.00$ 100.00$ 100.00$ 100.00$ 100.00$ 100.00$
752,576.00$ 963,500.00$ 902,285.00$ 864,380.00$ 1,073,295.00$
22 Owner's Contingency Allowance (10%)1 LS 75,257.60$ 75,257.60$ 96,350.00$ 96,350.00$ 90,228.50$ 90,228.50$ 86,438.00$ 86,438.00$ 107,329.50$ 107,329.50$
827,833.60$ 1,059,850.00$ 992,513.50$ 950,818.00$ 1,180,624.50$
ALTERNATE BID ITEMS
Alt 1 Buried Debris Screening 5000 CY 4.85$ 24,250.00$ NOT PROVIDED NOT PROVIDED 7.00$ 35,000.00$ 2.00$ 10,000.00$ 8.50$ 42,500.00$
Alt 2 Screened Debris Hauling and Disposal 450 Ton 7.00$ 3,150.00$ NOT PROVIDED NOT PROVIDED 75.00$ 33,750.00$ 30.00$ 13,500.00$ 58.00$ 26,100.00$
Orange shading denotes mathematical error or omission in bidder's proposal submission.
BASE BID TOTAL (ITEMS 1-22)
All American Concrete,Inc
8770 Somerset Drive
Largo FL 33773
WOODLAWN TERRACE FLOODPLAIN PROJECT #11-0028-EN
BID OPENING: WEDNESDAY, JANUARY 15, 2014 AWARD - THURSDAY, FEBRUARY 6, 2013
R.A.M. Excavating
3349 Hannah Way East
Dunedin FL 34698-9456
Steve's Excavating & Paving, Inc
P.O. Box 303
Dunedin FL 34697
Subtotal (Items 1-21)
Gulf Group, Inc.
7402 Highway 2302
Southport FL 32409
Kamminga
5219 Cone Road
Tampa FL 33610
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LOCATION MAP: Woodlawn Terrace Floodplain Storage
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK JS N.T.S.251B 3-29-1501/14/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Legend Bldg FootprintParcel BoundaryOutside CLWTR City limits
Clearwater Service Area
Name: Woodlawn Terrace Floodplain Storage Project (11-0028-EN)
Path: V:\GIS\Engineering\Location Maps\W
oodlawn_Terrace_Floodplain_Storage.m
xd
Attachment number 3 \nPage 1 of 1
Item # 13
SUPPLEMENTAL
for the CITY OF CLEARWATER
Date:
Project Number:
City Project Number:
1. PROJECT TITLE:
Woodlawn Terrace Floodplain Storage
2. SCOPE OF SERVICES:
In August 2010 the City authorized King Engineering Associates, Inc. (King) to provide preliminary
engineering, design and permitting for the abandonment of septic systems and installation of a
sewer system in the Idlewild/The Mall subdivisions. In June 2011
storm sewer replacement and installation to the project.
Orders, storm water modeling efforts
necessary in order to compensate for th
the increased pipe size along Woodlawn Terrace
conveyance of the channel between the Woodlawn T
was designed separately from
Stormwater Improvements project.
Under this Work Order, the City authorizes King to provide
construction of the floodplain storage improvements.
Task 1: Construction Management Services
King will provide construction management during a
1.1 Attendance at the preconstruction meeting by King’s Project Manager
will prepare the meeting
and conduct the meeting and p
1.2 Logging, distributing, reviewing and responding to the Contractor’s submittals including
construction progress schedules an
other miscellaneous submittals. Of these submittals, it is assumed that up to
1 of 6 form revised:
SUPPLEMENTAL WORK ORDER
for the CITY OF CLEARWATER
January 10, 2014
mber: 2110-202-001
City Project Number: 11-0028-EN
Woodlawn Terrace Floodplain Storage Engineering Services During Construction
SCOPE OF SERVICES:
August 2010 the City authorized King Engineering Associates, Inc. (King) to provide preliminary
engineering, design and permitting for the abandonment of septic systems and installation of a
sewer system in the Idlewild/The Mall subdivisions. In June 2011, the City added neighborhood
storm sewer replacement and installation to the project. Subsequent to approving previous Work
Orders, storm water modeling efforts indicated that floodplain storage within the basin is
necessary in order to compensate for the increased flows to the Woodlawn Terrace pond due to
the increased pipe size along Woodlawn Terrace. It was also necessary to expand the
conveyance of the channel between the Woodlawn Terrace “pond” and Spring Branch which
was designed separately from the Idlewild/The Mall Sanitary Sewer and Woodlawn Terrace
Stormwater Improvements project.
Under this Work Order, the City authorizes King to provide engineering services during
lain storage improvements. Specific tasks are as follows:
Task 1: Construction Management Services
King will provide construction management during a six (6) month construction period
Attendance at the preconstruction meeting by King’s Project Manager
will prepare the meeting agenda, invite outside utilities and permitting agencies, atte
and conduct the meeting and prepare and distribute meeting minutes.
Logging, distributing, reviewing and responding to the Contractor’s submittals including
construction progress schedules and approximately fifteen (15) Shop Drawings and
other miscellaneous submittals. Of these submittals, it is assumed that up to
form revised: 10/14/2011
Engineering Services During Construction
August 2010 the City authorized King Engineering Associates, Inc. (King) to provide preliminary
engineering, design and permitting for the abandonment of septic systems and installation of a
, the City added neighborhood
Subsequent to approving previous Work
that floodplain storage within the basin is
e increased flows to the Woodlawn Terrace pond due to
s also necessary to expand the
errace “pond” and Spring Branch which
the Idlewild/The Mall Sanitary Sewer and Woodlawn Terrace
engineering services during
llows:
six (6) month construction period including:
Attendance at the preconstruction meeting by King’s Project Manager and Project. King
agenda, invite outside utilities and permitting agencies, attend
repare and distribute meeting minutes.
Logging, distributing, reviewing and responding to the Contractor’s submittals including
Shop Drawings and
other miscellaneous submittals. Of these submittals, it is assumed that up to eight (8)
Attachment number 4 \nPage 1 of 6
Item # 13
2 of 6 form revised: 10/14/2011
will require a second review. The contract requires that the Contractor reimburse the
Engineer for each 3rd and more review.
1.3 Attendance at up to six (6) construction progress meetings and site visits by King’s
Project Manager or Project Engineer. Agendas and meeting minutes will be developed
by others.
1.4 Six (6) periodic site visits by either King’s Project Manager or Project Engineer to observe
the progress of the work or to assist with conflict resolution. This effort will be
coordinated with the City Project Manager.
1.5 Logging, reviewing and responding to the Contractor’s Requests for Information (RFIs).
For the purposes of this Work Order, a total of ten (10) RFIs is assumed.
1.6 Assisting the City with developing Requests for Proposal (RFPs) and with reviewing and
negotiating pricing and issuing Work Change Directives (WCDs) to authorize the
Contractor to proceed with additional work. This includes development of
supplemental drawings. For the purposes of this Work Order, a total of four (4) RFPs
and four (4) WCDs is assumed.
1.7 Assisting the City with negotiating and preparing one (1) Change Order in addition to the
Final Change Order.
1.8 The system will be placed into service at one time. King will provide assistance with
final closeout including:
· Attending a partial and a final walkthrough and confirming that punchlist items have
been completed;
· Developing a partial punchlist;
· Reviewing the Contractor’s survey as-builts;
· Preparing Record Drawings and provide the City with signed and sealed copies;
· Providing the City with Record Drawings in PDF and AutoCAD formats;
· Review and compute adjustments to Contract Price and Contract Time and assisting
with preparation of the final Change Order.
1.9 Developing and submitting certification packages for the following permits:
· SWFWMD Environmental Resource Permit (ERP);
· U.S. Army Corps of Engineers Nationwide 12 Permit;
· Pinellas County Right-of-Way Use.
1.10 Providing general Program Management including:
· On a routine basis, reviewing project status and ongoing issues, prioritizing efforts
and scheduling and assigning personnel and other necessary resources. Includes
miscellaneous conference calls, emails and discussions necessary to coordinate, plan
and manage the efforts of the Engineer’s staff.
· Maintaining routine contact and discussing construction progress and project
developments with the City’s Inspector;
· Miscellaneous phone calls and emails and coordination with the City’s Project
Manager and other City staff, including assisting the City’s Project Manager with
miscellaneous minor project related questions and general consultation with
Attachment number 4 \nPage 2 of 6
Item # 13
3 of 6 form revised: 10/14/2011
respect to the Contractor’s contractual obligations;
· Miscellaneous phone calls and emails with the Contractor’s staff required to
respond to minor questions not requiring formal RFIs;
· Coordination with the City and the Contractor for the Idlewild Project to ensure
compliance with SWFWMD’s conditions for ERP 44015015.002.
Task 2: Contingencies
King will provide additional services on an “as-needed basis” at the request of the City, after
development of a scope and fee and issuance of written authorization by the City’s project
representative and Owner Department.
3. PROJECT GOALS:
Project deliverables will include the following:
· Meeting minutes in PDF format via email.
· Responses to Contractor RFI’s in PDF format via email.
· Hardcopies of Shop Drawing Review comments.
· One copy of each submitted certification package.
· Five (5) 24”x36” signed/seal final Record Drawings.
· Two (2) 11”x17” signed/seal final Record Drawings.
· Record Drawings in AutoCAD and PDF formats on CDROM.
4. BUDGET:
See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by
King Engineering for the completion of these tasks in accordance with Professional Services
Method “B” – Lump Sum – Percentage of Completion by Task for a fee not to exceed Fifty One
Thousand Three Hundred Eighty Six Dollars ($51,386).
5. SCHEDULE:
Tasks 1 and 2 will be completed in accordance with the Contractor’s construction schedule over the
course of 180-day construction contract duration.
6. STAFF ASSIGNMENT (ENGINEER):
Project Manager: Christopher F. Kuzler, P.E.
Project Engineer: Chris High, Kyle Cyr, P.E.
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Christopher F. Kuzler, P.E. All City project
correspondence shall be directed to Jennifer Shannon, P.E., with copies to others as may be appropriate.
Attachment number 4 \nPage 3 of 6
Item # 13
4 of 6 form revised: 10/14/2011
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater Engineering, Attn: Veronica Josef,
Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed.
Contingency services will be billed as incurred only after written authorization provided by the
City to proceed with those services.
City Invoicing Code: 0315-96185-561200-539-000-0000
At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices
submitted on the Work Order:
A. Purchase Order Number and Contract Amount.
B. The time period (begin and end date) covered by the invoice.
C. A short narrative summary of activities completed in the time period
D. Contract billing method – Lump Sum or Cost Times Multiplier
E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned
to date for all tasks (direct costs, if any, shall be included in lump sum amount).
F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts will
be required for any single item with a cost of $50 or greater or cumulative monthly expenses
greater than $100).
G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
9. SPECIAL CONSIDERATIONS:
· The City will provide inspection services and will review and approve the Contractor’s
pay applications;
· The City’s inspector will email King copies of daily reports on a weekly basis as a
minimum;
· The City will handle all issues associated with buried debris.
PREPARED BY: APPROVED BY:
___________________________ ________________________
Christopher F. Kuzler, P.E. Michael D. Quillen, P.E.
Sr. Vice President City Engineer
King Engineering Associates, Inc. City of Clearwater
___________________________ ________________________
Date Date
Attachment number 4 \nPage 4 of 6
Item # 13
Attachment “A”
5 of 6 form revised: 10/14/2011
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
CITY DELIVERABLES
1. FORMAT
The design plans shall be compiled utilizing the following methods:
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical
Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of
measurement shall be the United States Foot. Any deviation from this datum will not be
accepted unless reviewed by City of Clearwater Engineering/Geographic Technology
Division.
2. DELIVERABLES
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless
approved otherwise. Upon completion the consultant shall deliver all drawing files in digital
format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files
are still acceptable, however the City or Clearwater is currently phasing out Land Desktop.
NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall
include all necessary information to aid in manipulating the drawings including either PCP, CTB
file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line
types or other attributes contained in the standard AutoDesk, Inc. release. All block references
and references contained within the drawing file shall be included. Please address any
questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address
Tom.Mahony@myClearwater.com.
All electronic files (CAD and Specification files) must be delivered upon completion of project or
with 100% plan submittal to City of Clearwater.
Attachment number 4 \nPage 5 of 6
Item # 13
Attachment “B”
Woodlawn Terrace
Engineering
WORK ORDER
PROJECT BUDGET
Task Description
1 Construction Management
2 Contingency Allowance
Total
6 of 6 form revised:
City of Clearwater
Woodlawn Terrace Floodplain Storage
Engineering Services During Construction
WORK ORDER INITIATION FORM
PROJECT BUDGET
Labor & Other
Direct Costs Subconsultants
$43,386 $3,000
$5,000
$48,386 $3,000
form revised: 10/14/2011
Floodplain Storage
Services During Construction
FORM
Subconsultants Total
$46,386
$5,000
$51,386
Attachment number 4 \nPage 6 of 6
Item # 13
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Item # 13
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Approve a Future Land Use Map amendment from the Residential/Office General (R/OG) classification to the Commercial General
(CG) and Residential/Office/Retail (R/O/R) classifications and a Zoning Atlas amendment from the Office (O) District to the
Commercial (C) District for property located at 18820, 18830, 18840, 18850, and 18860 US Highway 19 and portion of 18946 US
Highway 19 (consisting of a portion of Section 19, Township 29 South, Range 16 East), and pass Ordinances 8512-14 and 8513-14 on
first reading. (LUP2013-10006 and REZ2013-10006)
SUMMARY:
This future land use map amendment and rezoning application involves a 7.17-acre property located on the
west side of US Highway 19, north of Nursery Road. The property is comprised of one 6.21-acre parcel,
which contains five single-story office buildings and a 0.96-acre portion of an adjacent parcel containing
self-storage/warehouse units. This property has a Future Land Use Map classification of Residential/Office
General (R/OG) and zoning designation of Office (O). The applicant is requesting to amend the Future Land
Use Map classification to the Commercial General (CG) and Residential/Office/Retail (R/O/R) classifications
and the zoning district to the Commercial (C) District.
The applicant owns an existing automotive dealership immediately to the north of the subject property, and
would like to expand the business through the purchase of the 6.21-acre parcel to the south/southwest
(contract pending). The owners of the parcel wrapping the dealership to the north and west (0.96-acre
portion included in application), which will remain under separate ownership and continue to operate with a
warehouse use, are part of the application to ensure that any approved changes to the city’s Future Land
Use Map and Zoning Atlas result in consistent classifications of the properties in this area. The City’s
adopted US 19 Corridor Redevelopment Plan envisions areas in-between the major intersections of US
Highway 19 (centers) transforming from strip commercial to a wider range of land uses, including offices
and higher density residential development, recognizing that direct access to these sites has been limited by
the US Highway 19 improvements.
The Planning and Development Department has determined that the proposed Future Land Use Map
amendment and Zoning Atlas amendment is consistent with the Community Development Code as
specified below:
· The proposed amendments are consistent with the Comprehensive Plan, the Countywide
Plan Rules, and the Community Development Code.
· The proposed amendments are compatible with the surrounding property and character of
the neighborhood.
· Sufficient public facilities are available to serve the property.
· The proposed amendments will not have an adverse impact on the natural environment.
· The proposed amendments will not have an adverse impact on the use of property in the
immediate area.
· The available uses in the Commercial (C) District are compatible with uses in the
surrounding area.
· The proposed Commercial (C) District boundaries are appropriately drawn.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of
Cover Memo
Item # 14
the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning
Authority. The land use map amendment application is a small-scale amendment so review and approval by
the Florida Department of Economic Opportunity (Division of Community Planning) is not required.
The Community Development Board will review these applications at its public hearing on January 21,
2014. The Planning and Development Department will report its recommendation at the February 6, 2014
City Council meeting.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 14
Ordinance No. 8512-14
ORDINANCE NO. 8512-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF US HIGHWAY 19
APPROXIMATELY 445 FEET NORTH OF NURSERY ROAD,
CONSISTING OF PARCEL NO. 19/29/16/00000/410/0700 AND A
PORTION OF PARCEL 19/29/16/00000/410/0400, WHOSE
POST OFFICE ADDRESS IS 18820, 18830, 18840, 18850 &
18860 US HIGHWAY 19 N, CLEARWATER, FLORIDA, FROM
RESIDENTIAL/OFFICE GENERAL (R/OG), TO COMMERCIAL
GENERAL (CG) AND RESIDENTIAL/OFFICE/RETAIL (R/O/R);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City’s comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property Land Use Category
See Exhibit A From: Residential/Office
General (R/OG)
(LUP2013-10006) To: Commercial General (CG) &
Residential/Office/Re-
tail (R/O/R)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING _____________________
Attachment number 1 \nPage 1 of 4
Item # 14
Ordinance No. 8512-14
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ___________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 4
Item # 14
Attachment number 1 \nPage 3 of 4
Item # 14
S:\Planning Department\C D B\Land Use Amendments\Active Cases\US Highway 19 18860 LUP2013-10006 - Bay Park Executive
Center LLC\Maps\LUP2013-10006_REZ2013-10006_Future Land Use.doc
R/O/R CG
CG
CG
T/U
RLM
RU
CG
RM
RM
RM
RH CG
T/U
CG
RH
CG
RLM
T/U
RU
RU
RU RU
R/OG
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WATER
WATER
US 19
NURSERY RD
SUMMERLIN DR
188
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416
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186
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1379
1371
2493
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1355
1375
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18675
18946
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18627
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1
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1
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18820188501884018830
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FUTURE LAND USE MAP
Owners:
Bay Park Executive Center, LLC; Elizabeth Q.
Nichols, Trustee of the Elizabeth Q. Nichols
Revocable Trust Agreement; Barbara
Engelhardt, as Joint Tenants and Ross Dixon
Case: LUP2013-10006 &
REZ2013-10006
Site:
18820, 18830, 18840, 18850, and 18860 US
Highway 19 and portion of 18946 US Highway
19
Property
Size(Acres): 7.17
Land Use Zoning
PIN: 19-29-16-00000-410-0700
19-29-16-00000-410-0400 From :
To:
R/OG O
CG & R/O/R C Atlas Page: 317B
Attachment number 1 \nPage 4 of 4
Item # 14
Ordinance No. 8513-14
ORDINANCE NO. 8513-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF US
HIGHWAY 19 APPROXIMATELY 445 FEET NORTH OF
NURSERY ROAD, CONSISTING OF PARCEL NO.
19/29/16/00000/410/0700 AND A PORTION OF PARCEL
19/29/16/00000/410/0400, WHOSE POST OFFICE ADDRESS IS
18820, 18830, 18840, 18850 & 18860 US HIGHWAY 19 N,
CLEARWATER, FLORIDA; FROM OFFICE (O) TO COMMERCIAL
(C); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property Zoning District
See Exhibit “A” From: Office (O)
(REZ2013-10006) To: Commercial (C)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 8512-14 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive Planning
and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.
PASSED ON FIRST READING _____________________________
PASSED ON SECOND AND FINAL _____________________________
READING AND ADOPTED
___________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________ ___________________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 2 \nPage 1 of 3
Item # 14
Attachment number 2 \nPage 2 of 3
Item # 14
S:\Planning Department\C D B\Land Use Amendments\Active Cases\US Highway 19 18860 LUP2013-10006 - Bay Park Executive
Center LLC\Maps\LUP2013-10006_REZ2013-10006_Zoning.doc
C
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LMDR
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MHDR MHDR
MH P
US 19
NURSERY RD
SUMMERLIN DR
PR
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188
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11
7
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7
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1
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3
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3
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9
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9
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1
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1
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1
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21
4
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6
23
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32
6
32
0
32
4
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4
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6
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0
12
2
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416
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186
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11
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1 4 5 7
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2578
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1
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1552
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1
5
3
2
1580
2561
1512
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1379
1371
2493
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1568
1355
1375
1367
1528
1587
18675
18946
18819
19034
18590
18911
18940
18627
18736
19100
18573
18698
18562
18717
18740
18584
19042
18546,48
18538,40
220
222
216
218
190
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1495
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8
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70
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ZONING MAP
Owners:
Bay Park Executive Center, LLC; Elizabeth Q.
Nichols, Trustee of the Elizabeth Q. Nichols
Revocable Trust Agreement; Barbara
Engelhardt, as Joint Tenants and Ross Dixon
Case: LUP2013-10006 &
REZ2013-10006
Site:
18820, 18830, 18840, 18850, and 18860 US
Highway 19 and portion of 18946 US Highway
19
Property
Size(Acres): 7.17
Land Use Zoning
PIN: 19-29-16-00000-410-0700
19-29-16-00000-410-0400 From :
To:
R/OG O
CG & R/O/R C Atlas Page: 317B
C
Attachment number 2 \nPage 3 of 3
Item # 14
E.2.
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: January 21, 2014
AGENDA ITEM: E.2.
CASE: LUP2013-10006
REQUEST: To amend the Future Land Use Map designation from Residential/Office
General (R/OG) to Commercial General (CG) and Residential/Office/Retail
(R/O/R).
GENERAL DATA:
Agent……………………… E.D. Armstrong, III, and Katherine E. Cole; Hill Ward Henderson, P.A.
Applicant / Owner.............. Bay Park Executive Center, LLC; Elizabeth Q. Nichols, Trustee of the Elizabeth
Q. Nichols Revocable Trust Agreement; Barbara Engelhardt, as Joint Tenants
and Ross Dixon
Location……..................... 18820, 18830, 18840, 18850, and 18860 US Highway 19 and portion of 18946
US Highway 19, located on the west side of US Highway 19 approximately 445
feet north of Nursery Road
Property Size…................. 7.17 acres
ANALYSIS:
Site Location and Existing Conditions:
This case involves a 7.17-acre property located on the west side
of US Highway 19, north of Nursery Road. The property is
comprised of one 6.21-acre parcel which contains five single-
story office buildings and a 0.96-acre portion of an adjacent
parcel containing self-storage/warehouse units. The applicant
owns an existing automotive dealership immediately to the north
of the subject property, and would like to expand the business
but is currently constrained by the shape of the existing site and
surrounding properties’ ownership. The applicant has a contract
to purchase the 6.21-acre parcel to the south/southwest to
facilitate its expansion. The owners of the parcel wrapping the
dealership to the north and west (0.96-acre portion included in
application), which will remain under separate ownership and
continue to operate with a warehouse use, are part of the
application to ensure that any approved changes to the city’s
Future Land Use Map results in consistent classifications of the
properties in this area.
Request:
The request is to change the property’s Future Land Use Map
designation of Residential/Office General (R/OG) to Commercial
General (CG) (3.52 acres) and Residential/Office/Retail (R/O/R)
(3.65 acres). A request for a rezoning of the property from Office
(O) to Commercial (C) is being processed concurrently with this
case (see REZ2013-10006). A development application has not
been submitted at this time; however, the applicant understands
all necessary approvals and permits must be obtained before
Attachment number 3 \nPage 1 of 10
Item # 14
Community Development Board
Level III Comprehensive Plan Amendment Application Review
development of the subject site occurs.
Vicinity Characteristics:
Adjacent to the property, to the north, are an
automobile dealership (the applicant’s property) and
warehouse/storage, to the south is a mobile home
park and small strip retail (two unit)
west is a 224 foot wide utility easement owned by
Duke Energy and the Progress Energy Trai
the east, across US Highway 19, are an automobile
dealership and additional commercial and
Approximately 1,521 linear feet, o
perimeter property boundary, abuts properties with a
Future Land Use classification of
General (CG). The remainder abuts properties with
Residential Low Medium
Transportation/Utility (T/U) Future Land Use
classifications (see Figure 1 below).
Figure 1
A complete listing of the surrounding land uses,
Future Land Use Map designations and Zoning Atlas
designations are shown in Table 1 below. In
addition, a comparison between the us
intensities allowed by the present and proposed
Future Land Use Map designations appears in Table
2.
57%
31%
12%
Abutting Future Land Use
Designations
Community Development Board – January 21, 2014
LUP2013-10006- Page 2 of 10
I Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
development of the subject site occurs.
Adjacent to the property, to the north, are an
automobile dealership (the applicant’s property) and
warehouse/storage, to the south is a mobile home
small strip retail (two unit) building, to the
west is a 224 foot wide utility easement owned by
and the Progress Energy Trail, and to
the east, across US Highway 19, are an automobile
additional commercial and retail uses.
linear feet, or 57 percent of the
perimeter property boundary, abuts properties with a
Future Land Use classification of Commercial
). The remainder abuts properties with
Low Medium (RLM) and
) Future Land Use
classifications (see Figure 1 below).
A complete listing of the surrounding land uses,
Future Land Use Map designations and Zoning Atlas
designations are shown in Table 1 below. In
addition, a comparison between the uses and
intensities allowed by the present and proposed
Future Land Use Map designations appears in Table
Abutting Future Land Use
Designations
Commercial General
(CG)
Residential Low
Medium (RLM)
Transportation/Utility
(T/U)
PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Attachment number 3 \nPage 2 of 10
Item # 14
Community Development Board – January 21, 2014
LUP2013-10006- Page 3 of 10
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 1. Surrounding Future Land Use and Zoning Designations
Existing Conditions
Existing Use(s) FLUM Designation Zoning Atlas Designation
Direction
North: Warehouse/Storage,
Automobile Dealership Commercial General (CG) Commercial (C)
East: Retail, Automobile Dealership Commercial General (CG) Commercial (C)
South: Retail, Mobile Home Park
Commercial General (CG),
Residential Low Medium
(RLM)
Commercial (C), Mobile Home
Park (MHP)
West: Utility Easement, Recreation
Trail Transportation/Utility (T/U) Agricultural Estate Residential
(A-E) (Pinellas County)
Table 2. Uses and Intensities Allowed by Present and Proposed Future Land Use Designations
Present FLUM Designation
Residential/Office General
(R/OG)
(7.17 acres)
Requested FLUM
Designation
Commercial General (CG)
(3.52 acres)
Requested FLUM
Designation
Residential/Office/Retail
(R/O/R)
(3.65 acres)
Primary Uses:
Medium Density Residential;
Office
Office; Retail; Personal
Services; Overnight
Accommodations;
Wholesale; Warehouse
Residential; Residential
Equivalent; Office; Retail;
Overnight Accommodations;
Personal/Business Services
Maximum
Density:
15 Dwelling Units Per Acre 24 Dwelling Units Per Acre;
40 Overnight
Accommodations Units Per
Acre
18 Dwelling Units Per Acre;
30 Overnight
Accommodations Units Per
Acre
Maximum
Intensity:
FAR 0.50; ISR 0.75 FAR 0.55; ISR 0.90 FAR 0.40; ISR 0.85
Consistent
Zoning
Districts:
Office (O); Medium Density
Residential (MDR)
Commercial (C); Office (O) Office (O); Commercial (C);
Medium Density Residential
(MDR)
REVIEW CRITERIA:
No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for
approval or receive a final action of approval unless it complies with the standards contained in
Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the
proposed amendment with the standards as per Section 4-603.F:
Attachment number 3 \nPage 3 of 10
Item # 14
Community Development Board – January 21, 2014
LUP2013-10006- Page 4 of 10
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 3. Consistency with Community Development Code Standards
CDC Section 4-603 Standard Consistent Inconsistent
F.1 The amendment will further implementation of the
Comprehensive Plan consistent with the goals, policies
and objectives contained in the Plan.
X
F.2 The amendment is not inconsistent with other provisions
of the Comprehensive Plan.
X
F.3 The available uses, if applicable, to which the property
may be put are appropriate to the property in question and
compatible with existing and planned uses in the area.
X
F.4 Sufficient public facilities are available to serve the
property.
X
F.5 The amendment will not adversely affect the natural
environment.
X
F.6 The amendment will not adversely impact the use of
property in the immediate area.
X
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendment include:
Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to
accommodate public demand and promote infill development.
Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector
streets and should be sited in such a way as to minimize the intrusion of off-site impacts into
residential neighborhoods. New plats and site plans shall discourage the creation of "strip
commercial" zones by insuring that adequate lot depths are maintained and by zoning for
commercial development at major intersections.
Goal A.4 The City shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of existing
development exceeds the desired levels of service will be upgraded consistent with the target
dates for infrastructure improvements included in the applicable functional plan element.
Policy A.6.2.1 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.
Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and
corridors, and promote redevelopment activities in these areas.
Attachment number 3 \nPage 4 of 10
Item # 14
Community Development Board – January 21, 2014
LUP2013-10006- Page 5 of 10
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Objective B.1.4 The City shall specifically consider the existing and planned LOS the road
network affected by a proposed development, when considering an amendment to the land use
map, rezoning, subdivision plat, or site plan approval.
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
amendment will allow for the eastern portion of the property to be utilized by the automobile
dealership to the north as it expands its operation. Although the subject property is not located at
an intersection, it is located on US Highway 19, a major arterial roadway. The depth of the
proposed Commercial General (CG) portion of property fronting US Highway 19 is consistent
with the lot depth of the existing automobile dealership parcel (500 feet), which allows for
adequate lot depth to avoid expansion of the “strip commercial” development to the south of the
property. Designating the remainder of the property as Residential/Office/Retail (R/O/R) will
allow for the use of the property by the automobile dealership until such time as further lot
consolidation and/or redevelopment may occur, and will allow a greater variety of uses at that
time. When a site plan is submitted, the Community Development Code will be used to ensure
compatibility with the mobile home park to the south. The majority of the mobile home park
property would be adjacent to Residential/Office/Retail (R/O/R) (approximately 504 linear feet
or 63 percent of the 805 feet boundary length). In addition, the proposal does not degrade the
level of service for public facilities below the adopted standards (a detailed public facilities
analysis follows in this report).
Consistency with the Countywide Plan Rules
Recommended Findings of Fact:
The purpose of the proposed Commercial General (CG) future land use classification (3.52
acres), as specified in Section 2.3.3.5.4 of the Countywide Plan Rules, is 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. This classification is generally appropriate to locations in and adjacent to
activity centers where surrounding land uses support and are compatible with intensive
commercial use; and in areas in proximity to and with good access to major transportation
facilities, including mass transit.
The purpose of the proposed Residential/Office/Retail (R/O/R) future land use classification
(3.65 acres), as specified in Section 2.3.3.4.3 of the Countywide Plan Rules, is to depict those
areas of the county that are now developed, or appropriate to be developed, in residential, office
and/or retail commercial use; and to recognize such areas as well suited for mixed-use of a
residential/office/retail character consistent with the surrounding uses, transportation facilities
and natural resource characteristics of such areas. This classification is generally appropriate to
locations where it would service as a transition from an urban activity center or more intensive
nonresidential use to residential, office or public/semi-public use; and in areas where the size and
scale of development will accommodate true mixed residential, office and retail use. These areas
Attachment number 3 \nPage 5 of 10
Item # 14
Community Development Board – January 21, 2014
LUP2013-10006- Page 6 of 10
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
are typically in proximity to and served by the arterial and major thoroughfare highway network
in and adjacent to activity centers where mixed-use development allows interaction between uses
and encourages mass transit and non-vehicular trips.
The subject property is situated on a major commercial arterial within the City. Retail and
commercial uses characterize the immediate area. The residential land uses (Residential Low
Medium (mobile home park) and Residential Medium (townhouses)) in the vicinity of the
property allow densities ranging between 10 units per acre to 15 units per acre. The proposed
amendment of the eastern portion of the subject property to Commercial General (CG) is
consistent with the purposes and general location characteristics within the Countywide Plan
Rules. The proposed use of the southern parcel as an expanded automobile dealership is
compatible with the surrounding uses. The site has good access to major transportation facilities
through its connection to US Highway 19. There is only one other parcel on the western side of
US Highway 19 between Gulf to Bay Boulevard to the north and Belleair Road to the south
adjacent to the highway that is not classified as Commercial General, and that property is the
townhouse development just north of the dealership with only 50 linear feet adjacent to US
Highway 19 (19034 US Highway 19).
The request to amend the remainder of the subject property (western half) to
Residential/Office/Retail (R/O/R) is consistent with the adjacent properties’ Commercial General
(CG), Residential Low Medium (RLM) (mobile home park) and Transportation/Utility (T/U)
designations. The proposed classification is less intense than the Commercial General (CG)
classification adjacent to the north (existing warehouses) and proposed for the eastern portion of
the site (expanded automobile dealership), and although it allows more intense development than
the existing Residential/Office General (R/OG) classification, it would allow for redevelopment
that would serve as a transition from a more intensive nonresidential use to the adjacent mobile
home park. Additionally, this area is well suited for mixed-use of a residential/office/retail
character consistent with the surrounding uses, and the proposed location of
Residential/Office/Retail (R/O/R) on the western portion of the site is consistent with the general
location characteristics within the Countywide Plan Rules.
Recommended Conclusions of Law:
The proposed Future Land Use Map amendment is consistent with the purpose and locational
characteristics of the Countywide Plan Rules.
Compatibility with Surrounding Property/Character of the City & Neighborhood [Section
4-603.F.3 and Section 4-603.F.6]
Recommended Findings of Fact:
Uses located to the north, south and to the east across US Highway 19 include a variety of
commercial and retail uses. An automobile dealership and warehouse use abut the subject
property’s northern boundary. Adjacent to the south is a mobile home park and a small strip
retail (two unit) building. The western boundary abuts a 224 foot wide utility easement owned by
Duke Energy, and the Progress Energy Train located within the easement.
Commercial General (CG) future land use classifications exist to the north, east and south of the
property. Residential Low Medium (RLM) future land use classification is found to the south
and Transportation/Utility (T/U) future land use classification is located west of the property.
Attachment number 3 \nPage 6 of 10
Item # 14
Community Development Board – January 21, 2014
LUP2013-10006- Page 7 of 10
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
The proposed Commercial General (CG) future land use classification permits 24 dwelling units
per acre, 40 overnight accommodation units per acre, and a floor area ratio (FAR) of 0.55, and
the proposed Residential/Office/Retail (R/O/R) future land use classification permits 18 dwelling
units per acre and a floor area ratio (FAR) of 0.40. The future land use designations of
surrounding properties include Residential Low Medium (RLM) (10 dwelling units per acre;
FAR 0.50), Commercial General (CG) and Transportation/Utility (T/U) (FAR 0.70).
Over time, US 19 has transitioned from a roadway providing land access to a limited-access
highway. This change has affected which land uses are successful along the corridor. The City’s
adopted US 19 Corridor Redevelopment Plan envisions areas in-between the major intersections
of US Highway 19 (centers) transforming from strip commercial to a wider range of land uses,
including offices and higher density residential development, recognizing that direct access to
these sites has been limited by the US Highway 19 improvements. The framework plan within
the US 19 Corridor Redevelopment Plan also includes description of building form and
character, and in the in-between areas envisions buildings “oriented toward US 19 with modest
front setbacks to accommodate landscaping and no more than a single bay of parking between
buildings and the frontage road.” The existing automobile dealership Crown Audi is generally
consistent with the envisioned building form, with one bay of parking in front of the main
dealership structure and a landscaped front setback.
The proposed integration of the subject property into a redeveloped automobile dealership is
compatible with the surrounding properties, and is consistent with the vision for an in-between
area along the US Highway 19 corridor as it redevelops.
Recommended Conclusions of Law:
The Commercial General (CG) and Residential/Office/Retail (R/O/R) future land use
classifications requested are consistent with the surrounding future land use classifications that
exist in the vicinity of the subject property. The proposed future land use classifications will
allow the development of commercial and future residential or office uses at a density and scale
that is consistent and compatible with existing commercial and residential uses in the vicinity of
the subject property. As such, the proposed amendment will allow development that is in
character with the surrounding properties and neighborhood and is consistent with the US
Highway 19 Redevelopment Plan.
Sufficiency of Public Facilities [Section 4-603.F.4]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the
property, the maximum development potential of the property under the present and requested
Future Land Use Map designations was analyzed (see Table 4). The request for amendment to
the Commercial General (CG) and Residential/Office/Retail (R/O/R) Future Land Use Map
categories would increase the amount of residential and overnight accommodations development
potential but decrease the amount of nonresidential development potential allowed on the site
(see Table 4 below).
Attachment number 3 \nPage 7 of 10
Item # 14
Community Development Board – January 21, 2014
LUP2013-10006- Page 8 of 10
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 4. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designation
“R/OG”
Requested FLUM
Designation
“CG”
Requested FLUM
Designation
“R/O/R”
Net Change
Site Area 7.17 AC
(312,325 SF)
3.52 AC
(153,331 SF)
3.65 AC
(158,994 SF)
Maximum
Development
Potential 107 DUs
156,162 SF
0.50 FAR
84 DUs or
140 Overnight
Accommodation
Units
84,332 SF
0.55 FAR
65 DUs or
109 Overnight
Accommodation
Units
63,597 SF
0.40 FAR
42 DUs or 249
Overnight
Accommodation
Units
-8,233 SF
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
FAR – Floor Area Ratio
AC – Acres
SF – Square feet
As shown in Table 5 below, the proposed change will not degrade public facilities and services
below acceptable levels.
Table 5. Public Facilities Level of Service Analysis
Maximum Potential Impact to Public
Facilities/Services Net Change Capacity
Available?
Public Facility/Service Present FLUM
Designation
“R/OG”
Requested
FLUM
Designation
“CG”
Requested
FLUM
Designation
“R/O/R”
Streets 1,276 Trips1 1,714 Trips1 1,237 Trips1 1,675 Yes
Potable Water2 24,986 GPD3 12,266 GPD3 12,720 GPD3 0 Yes
Wastewater2 31,232 GPD3 15,333 GPD3 15,899 GPD3 0 Yes
Solid Waste2 843 Tons/Year4 705 Tons/Year4 731 Tons/Year4 593 Yes
Parkland2 0.0 Acres5 0.0 Acres5 0.0 Acres5 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
· Residential/Office General (R/OG) – 178 vehicle trips per day per acre.
· Commercial General (CG) – 487 vehicle trips per day per acre.
· Residential/Office/Retail (R/O/R) – 339 vehicle trips per day per acre.
2. Analysis based on utilization rates for nonresidential uses because proposed zoning and uses are Commercial
3. GPD – Gallons per day
4. Based on the following uses:
· Current Office Use – 5.4 pounds/square foot/year (converted to tons/year)
· Proposed Vehicle Sales and Service Use – 9.2 pounds/square foot/year (converted to tons/year)
5. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
As shown in Table 6 below, there is a potential increase in maximum daily trips associated with
the request for amendment to the Commercial General (CG) and Residential/Office/Retail
(R/O/R) Future Land Use designations, and the change would have the potential to also increase
PM Peak Hour trips by 160 trips. The segment of US Highway 19 is currently operating at a
Level of Service F, which is below the adopted roadway level of service standard. However, the
Pinellas County Metropolitan Planning Organization 2013 Level of Service Report (adopted
Attachment number 3 \nPage 8 of 10
Item # 14
Community Development Board – January 21, 2014
LUP2013-10006- Page 9 of 10
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
September 11, 2013), projects that after all improvements scheduled through 2015/16 have been
completed, this segment of US Highway 19 is projected to perform at a Level of Service D.
Table 6. Maximum Potential Traffic
US Highway 19
(Belleair Rd to Druid Rd/Seville Blvd)
Existing
Conditions
Current
R/OG
FLUM1
Proposed
CG
FLUM2
Proposed
R/O/R
FLUM3
Net New
Trips
Potential Additional Maximum Daily Trips N/A 1,276 1,714 1,237 1,675
Potential Additional Maximum PM Peak
HourTrips4
N/A 121 163 118 160
Roadway Volume (Annual Average Daily) 87,0005 88,276 89,951 1,675
Roadway Volume (PM Peak Hour)4 8,265 8,386 8,545 159
Roadway Level of Service PM Peak Hour F5 F6 F6
Adopted Roadway Level of Service Standard D Peak Hour
Abbreviations and Notes:
N/A = Not Applicable.
FLUM = Future Land Use Map, Clearwater Comprehensive Plan.
1. Based on PPC calculations of 178 trips per day per acre in the Residential/Office General (R/OG) future land use
category.
2. Based on PPC calculations of 487 trips per day per acre in the Commercial General (CG) future land use category.
3. Based on PPC calculations of 339 trips per day per acre in the Residential/Office/Retail (R/O/R) future land use
category.
4. Based on MPO K-factor of 0.095.
5. Source: Pinellas County Metropolitan Planning Organization 2013 Level of Service Report.
6. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2013 Level of Service Report
and the 2009 Florida Department of Transportation Quality/Level of Service Handbook.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the traffic generated by the proposed
amendment is de minimus based on the existing F level of service, and it also will not result in
the degradation of the projected level of service on US Highway 19. Once construction is
completed, this segment of US Highway 19 is projected to improve to Level of Service D. There
is no expected increase in demand for potable water and generation of wastewater because the
proposed use is to remain commercial, but there is adequate capacity to accommodate additional
demand should it be generated by future redevelopment. There is an increase in solid waste
generated by the proposed amendment, but there is adequate capacity to accommodate the
maximum demand generated by the proposed amendment. Furthermore, parkland and recreation
facilities will not be affected by the proposed amendment.
Impact on Natural Resources [Section 4-603.F.5]
Recommended Findings of Fact:
No wetlands appear to be located on the subject property. There are trees and landscaping on
site. Prior to redevelopment of this property, site plan approval will be required.
Recommended Conclusions of Law:
Based on current information, no wetlands appear to be located on the subject property. The
intent of the applicant is to use the majority of property as part of a redeveloped and expanded
automobile dealership. Any proposed redevelopment is required to be compliant with the City’s
tree preservation, landscaping and storm water management requirements.
Attachment number 3 \nPage 9 of 10
Item # 14
Community Development Board – January 21, 2014
LUP2013-10006- Page 10 of 10
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
REVIEW PROCEDURE:
Approval of the Future Land Use Map amendment does not guarantee the right to develop the
subject property. The Future Land Use Map amendment is subject to approval by the Pinellas
Planning Council and Board of County Commissioners acting as the Countywide Planning
Authority. Based on the size of the parcel, review and approval by the Florida Department of
Economic Opportunity (Division of Community Planning) is not required. The property owner
must comply with all laws and ordinances in effect at the time development permits are
requested, including transportation concurrency provisions of the Concurrency Management
System in Division 9, Community Development Code.
RECOMMENDATION:
Based on the foregoing, the Planning and Development Department recommends the following
action:
Recommend APPROVAL of the request for Future Land Use Map amendment from the
Residential/Office General (R/OG) classification to the Commercial General (CG) and
Residential/Office/Retail (R/O/R) classifications.
Prepared by Planning and Development Department Staff:
Lauren Matzke, AICP
Long Range Planning Manager
ATTACHMENTS: Resume
Photographs of Site and Vicinity
Attachment number 3 \nPage 10 of 10
Item # 14
E.3.
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: January 21, 2014
AGENDA ITEM: E.3.
CASE: REZ2013-10006
REQUEST: To amend the Zoning Atlas designation from Office (O) to Commercial (C).
GENERAL DATA:
Agent……………………… E.D. Armstrong, III, and Katherine E. Cole; Hill Ward Henderson, P.A.
Applicant / Owner.............. Bay Park Executive Center, LLC; Elizabeth Q. Nichols, Trustee of the Elizabeth
Q. Nichols Revocable Trust Agreement; Barbara Engelhardt, as Joint Tenants
and Ross Dixon
Location……..................... 18820, 18830, 18840, 18850, and 18860 US Highway 19 and portion of 18946
US Highway 19, located on the west side of US Highway 19 approximately 445
feet north of Nursery Road
Property Size…................. 7.17 acres
ANALYSIS:
Site Location and Existing Conditions:
This case involves a 7.17-acre property located on the west side of
US Highway 19, north of Nursery Road. The property is
comprised of one 6.21-acre parcel which contains five single- story
office buildings and a 0.96-acre portion of an adjacent parcel
containing self-storage/warehouse units. The applicant owns an
existing automotive dealership immediately to the north of the
subject property, and would like to expand the business but is
currently constrained by the shape of the existing site and
surrounding properties’ ownership. The applicant has a contract to
purchase the 6.21-acre parcel to the south/southwest to facilitate its
expansion. The owners of the parcel wrapping the dealership to the
north and west (0.96-acre portion included in application), which
will remain under separate ownership and continue to operate with
a warehouse use, are part of the application to ensure that any
approved changes to the city’s Zoning Atlas results in consistent
classifications of the properties in this area.
Request:
The request is to change the property’s Zoning Atlas designation
of Office (O) to the Commercial (C) District. A request to amend
the present Future Land Use Map designation from
Residential/Office General (R/OG) to Commercial General (CG)
and Residential/Office/Retail (R/O/R) is being processed
concurrently with this case (see LUP2013-10006). The proposed
Commercial (C) zoning district is consistent with both proposed
future land use classifications, and applying the same zoning
across the entire site will allow the applicant to utilize the 6.21-
acre property (under contract) as a vehicle sales/display use
Attachment number 4 \nPage 1 of 9
Item # 14
Community Development Board
Level III Zoning Atlas Amendment Application Review
(automobile dealership) until such time as
lot consolidation and/or redevelopment may occur
A development application has not been submitted
at this time; however, the applicant understands all
necessary approvals and permits must be obtained
before development of the subject site occurs.
Vicinity Characteristics:
Adjacent to the property, to the north, are an
automobile dealership (the applicant’s property) and
warehouse/storage, to the south is a mobile home
park and a small strip retail (two unit) building
the west is a 224-foot wide utility easement owned
by Duke Energy and the Progress Energy Trail,
to the east, across US Highway 19, are an
automobile dealership and additional commercial
and retail uses.
Three different Zoning Atlas designations
subject property. The Commercial
shares the largest portion of the linear perimeter
boundary with approximately
percent (see Figure 1). The remainder abuts
properties with Mobile Home Park (MHP) and
Agricultural Estate Residential (A
County) zoning designations (see Figure 1 below).
Figure 1
A complete listing of the surrounding land uses,
Future Land Use Map designations and Zoning
Atlas designations are shown in Table 1.
57%
31%
12%
Abutting Zoning Atlas
Designations
Community Development Board – January 21, 2014
REZ2013-10006- Page 2 of 9
I Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
(automobile dealership) until such time as further
lot consolidation and/or redevelopment may occur.
A development application has not been submitted
the applicant understands all
necessary approvals and permits must be obtained
before development of the subject site occurs.
Adjacent to the property, to the north, are an
automobile dealership (the applicant’s property) and
rehouse/storage, to the south is a mobile home
a small strip retail (two unit) building, to
foot wide utility easement owned
and the Progress Energy Trail, and
to the east, across US Highway 19, are an
additional commercial
Zoning Atlas designations abut the
he Commercial (C) District
shares the largest portion of the linear perimeter
boundary with approximately 1,521 feet or 57
The remainder abuts
properties with Mobile Home Park (MHP) and
Agricultural Estate Residential (A-E) (Pinellas
County) zoning designations (see Figure 1 below).
surrounding land uses,
Future Land Use Map designations and Zoning
Atlas designations are shown in Table 1.
Abutting Zoning Atlas
Designations
Commercial (C)
Mobile Home Park
(MHP)
Agricultural Estate
Residential (A-E)
PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Attachment number 4 \nPage 2 of 9
Item # 14
Community Development Board – January 21, 2014
REZ2013-10006- Page 3 of 9
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 1. Surrounding Future Land Use and Zoning Designations
Existing Conditions
Existing Use(s) FLUM Designation Zoning Atlas Designation
Direction
North: Warehouse/Storage,
Automobile Dealership Commercial General (CG) Commercial (C)
East: Retail, Automobile Dealership Commercial General (CG) Commercial (C)
South: Retail, Mobile Home Park
Commercial General (CG),
Residential Low Medium
(RLM)
Commercial (C), Mobile Home
Park (MHP)
West: Utility Easement, Recreation
Trail Transportation/Utility (T/U) Agricultural Estate Residential
(A-E) (Pinellas County)
REVIEW CRITERIA:
No amendment to the Zoning Atlas shall be recommended for approval or receive a final action
of approval unless it complies with the standards contained in Section 4-602.F, Community
Development Code. Table 2 below depicts the consistency of the proposed amendment with the
standards as per Section 4-602.F.
Table 2. Consistency with Community Development Code Standards
CDC Section 4-602 Standard Consistent Inconsistent
F.1 The proposed amendment is consistent with and furthers
the goals, policies and objectives of the Comprehensive
Plan and furthers the purposes of this Development Code
and other city ordinances and actions designed to
implement the plan.
X
F.2 The available uses to which the property may be put are
appropriate to the property which is subject to the
proposed amendment and compatible with existing and
planned uses in the area.
X
F.3 The amendment does not conflict with the needs and
character of the neighborhood and the city.
X
F.4 The amendment will not adversely or unreasonably affect
the use of other property in the area.
X
F.5 The amendment will not adversely burden public
facilities, including the traffic-carrying capacities of
streets, in an unreasonably or disproportionate manner.
X
F.6 The district boundaries are appropriately drawn with due
regard to locations and classifications of streets,
ownership lines, existing improvements and the natural
environment.
X
Attachment number 4 \nPage 3 of 9
Item # 14
Community Development Board – January 21, 2014
REZ2013-10006- Page 4 of 9
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Consistency of Development with the Clearwater Comprehensive Plan and Community
Development Code and City Regulations [Section 4-602.F.1]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendment include:
Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector
streets and should be sited in such a way as to minimize the intrusion of off-site impacts into
residential neighborhoods. New plats and site plans shall discourage the creation of "strip
commercial" zones by insuring that adequate lot depths are maintained and by zoning for
commercial development at major intersections.
Goal A.4 The City shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of existing
development exceeds the desired levels of service will be upgraded consistent with the target
dates for infrastructure improvements included in the applicable functional plan element.
Policy A.6.2.1 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.
Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and
corridors, and promote redevelopment activities in these areas.
Objective B.1.4 The City shall specifically consider the existing and planned LOS the road
network affected by a proposed development, when considering an amendment to the land use
map, rezoning, subdivision plat, or site plan approval.
Applicable sections of the Community Development Code which support the proposed
amendment include:
Division 7. Commercial District (“C”) Section 2-701. Intent and purpose. The intent and purpose
of the Commercial District is to provide the citizens of the City of Clearwater with convenient
access to goods and services throughout the city without adversely impacting the integrity of
residential neighborhoods, diminishing the scenic quality of the city or negatively impacting the
safe and efficient movement of people and things within the City of Clearwater.
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
Commercial (C) category is consistent with the commercial and retail uses to the north, south
and east. The proposed amendment will allow for the property to be utilized by the automobile
dealership to the north as it expands its operation. Although the subject property is not located at
an intersection, it is located on US Highway 19, a major arterial roadway. The overall lot depth is
1,005 feet which is significant enough to avoid expansion of the “strip commercial” development
to the south of the property. In addition, the proposal does not degrade the level of service for
public facilities below the adopted standards (a detailed public facilities analysis follows in this
report).
Attachment number 4 \nPage 4 of 9
Item # 14
Community Development Board – January 21, 2014
REZ2013-10006- Page 5 of 9
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
When a site plan is submitted, the Community Development Code will be used to ensure
compatibility with the mobile home park to the south. The location of the property along US
Highway 19 is consistent with the purpose of the Commercial (C) District in the Community
Development Code, and the area is characterized by other commercially designated parcels. The
parcel meets the minimum dimensional requirements of the Commercial (C) District and
proposed vehicle sales/display use is an allowable use in the Commercial (C) District.
Compatibility with Surrounding Property/Character of the City & Neighborhood [Section
4-602.F.2, 4-602.F.3 and Section 4-602.F.4]
Recommended Findings of Fact:
Existing surrounding uses consist of various retail and commercial uses including an automobile
dealership, warehouse/storage, and a small strip retail building, as well as a mobile home park.
The Zoning Atlas designations of surrounding properties include Commercial (C), Mobile Home
Park (MPH), and Agricultural Estate Residential (A-E) (Pinellas County).
The proposed Commercial (C) District primarily permits retail, office, and personal service uses,
overnight accommodations, and various vehicle sales and service related uses. The intent of the
Commercial District is to provide the citizens of the City of Clearwater with convenient access to
goods and services throughout the city without adversely impacting the integrity of residential
neighborhoods, diminishing the scenic quality of the city or negatively impacting the safe and
efficient movement of people and things within the City of Clearwater.
Over time, US 19 has transitioned from a roadway providing land access to a limited-access
highway. This change has affected which land uses are successful along the corridor. The City’s
adopted US 19 Corridor Redevelopment Plan envisions areas in-between the major intersections
of US Highway 19 (centers) transforming from strip commercial to a wider range of land uses,
including offices and higher density residential development, recognizing that direct access to
these sites has been limited by the US Highway 19 improvements. The framework plan within
the US 19 Corridor Redevelopment Plan also includes description of building form and
character, and in the in-between areas envisions buildings “oriented toward US 19 with modest
front setbacks to accommodate landscaping and no more than a single bay of parking between
buildings and the frontage road.” The existing automobile dealership Crown Audi is generally
consistent with the envisioned building form, with one bay of parking in front of the main
dealership structure and a landscaped front setback.
The proposed Zoning Atlas designation will allow for the expansion of the automobile dealership
(vehicle sales/displays use) adjacent to the north of the subject property. A commercial use is
consistent with other development fronting US Highway 19, and provisions in the Community
Development Code will be used to ensure compatibility with adjacent residential development
(mobile home park) to the south. The Commercial (C) District is appropriate in this area given
the adjacency to the limited access highway and changing character of the area resulting from
that US Highway 19 construction.
Recommended Conclusions of Law:
The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations
in the area. Further, the proposal is compatible and consistent with the uses and character of the
surrounding properties and neighborhood in the vicinity of the subject property.
Attachment number 4 \nPage 5 of 9
Item # 14
Community Development Board – January 21, 2014
REZ2013-10006- Page 6 of 9
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the
property, the maximum development potential of the property under the present and requested
Future Land Use Map and Zoning designations were analyzed. Even though this is a Zoning
Atlas amendment application, maximum development potential is based on the underlying future
land use, so for purposes of this analysis sufficiency of public facilities is based on the future
land use map designation. Commercial General (CG) and Residential/Office/Retail (R/O/R)
Future Land Use Map categories would increase the amount of residential and overnight
accommodations development potential but would decrease the amount of nonresidential
development potential allowed on the site (see Table 3).
Table 3. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designation
“R/OG”
Requested FLUM
Designation
“CG”
Requested FLUM
Designation
“R/O/R”
Net Change
Site Area 7.17 AC
(312,325 SF)
3.52 AC
(153,331 SF)
3.65 AC
(158,994 SF)
Maximum
Development
Potential 107 DUs
156,162 SF
0.50 FAR
84 DUs or
140 Overnight
Accommodation
Units
84,332 SF
0.55 FAR
65 DUs or
109 Overnight
Accommodation
Units
63,597 SF
0.40 FAR
42 DUs or 249
Overnight
Accommodation
Units
-8,233 SF
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
FAR – Floor Area Ratio
AC – Acres
SF – Square feet
The proposed changes in the companion future land use amendment application would allow an
increase in the allowable density and floor area ratio (FAR) on the eastern portion of the site
proposed to be Commercial General (CG), but would allow a smaller increase in allowable
density and a reduction in FAR on the western portion of the site proposed to be
Residential/Office/Retail (R/O/R).
The current Office (O) District primarily permits office and professional services uses. The
proposed Commercial (C) District permits a greater variety of uses, including retail, office, and
personal service uses, overnight accommodations, and various vehicle sales and service related
uses.
As shown in Table 4 below, the proposed change will result in an increase in demand of certain
public facilities and services, but will not degrade them below acceptable levels.
Attachment number 4 \nPage 6 of 9
Item # 14
Community Development Board – January 21, 2014
REZ2013-10006- Page 7 of 9
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 4. Public Facilities Level of Service Analysis
Maximum Potential Impact to Public
Facilities/Services Net Change Capacity
Available?
Public Facility/Service Present FLUM
Designation
“R/OG”
Requested
FLUM
Designation
“CG”
Requested
FLUM
Designation
“R/O/R”
Streets 1,276 Trips1 1,714 Trips1 1,237 Trips1 1,675 Yes
Potable Water2 24,986 GPD3 12,266 GPD3 12,720 GPD3 0 Yes
Wastewater2 31,232 GPD3 15,333 GPD3 15,899 GPD3 0 Yes
Solid Waste2 843 Tons/Year4 705 Tons/Year4 731 Tons/Year4 593 Yes
Parkland2 0.0 Acres5 0.0 Acres5 0.0 Acres5 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
· Residential/Office General (R/OG) – 178 vehicle trips per day per acre.
· Commercial General (CG) – 487 vehicle trips per day per acre.
· Residential/Office/Retail (R/O/R) – 339 vehicle trips per day per acre.
2. Analysis based on utilization rates for nonresidential uses because proposed zoning and uses are Commercial
3. GPD – Gallons per day
4. Based on the following uses:
· Current Office Use – 5.4 pounds/square foot/year (converted to tons/year)
· Proposed Vehicle Sales and Service Use – 9.2 pounds/square foot/year (converted to tons/year)
5. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the
estimated trip generation for specific uses allowed in the current and proposed zoning districts
based on the Institute of Transportation Engineer’s (ITE) Trip Generation 9th Edition. The table
shows an increase of 3,056 average daily trips and an increase of 181 PM Peak Trips when
comparing the maximum development potential of a typical office use in the Office (O) District
to the maximum development potential of an automobile sales use in the Commercial (C)
District. However, when comparing the existing maximum development potential to a second
scenario where the eastern portion of the site is developed with an automobile sales use and the
western portion of the site is developed with a general office use, the increase in trips is reduced
to 1,703 average daily trips and 98 PM Peak Trips.
Attachment number 4 \nPage 7 of 9
Item # 14
Community Development Board – January 21, 2014
REZ2013-10006- Page 8 of 9
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 5. Trip Generation Comparison by Zoning Atlas Designation
Land Use Development
Potential
Avg.
Daily
Trips
Net Change
Avg Daily
Trips
PM Peak
Trips Avg
Rate
PM Peak
Trips
Net
Change
PM Peak
Trips
Existing Designation: Office District
Existing General Office
Building1 (11.03
trips/1,000 SF GFA)
156,162 SF3 1,722 N/A 1.49 233 N/A
Proposed Designation: Commercial District
Automobile Sales2 (32.30
trips/1,000 SF GFA) 147,929 SF4 4,778 3,056 2.80 414 181
Automobile Sales2 (32.30
trips/1,000 SF GFA) and
General Office Building1
(11.03 trips/1,000 SF
GFA)
147,929 SF4 3,4255 1,703 2.80 &
1.49 331 98
Abbreviations and Notes:
N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area
1. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 710.
2. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 841.
3. Floor area ratio permitted by the underlying R/OG Future Land Use Map category is 0.50.
4. Floor area ratio permitted by the underlying CG Future Land Use Map category is 0.55 and the R/O/R Future Land Use
Map category is 0.40.
5. Assumes CG portion of site (3.52 acres) redevelops with Automobile Sales Use and R/O/R portion of site (3.65 acres)
redevelops with General Office Building Use.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the traffic generated by the proposed
amendment is de minimus and will not result in the degradation of the existing level of service
on US Highway 19. There is an increase in demand for solid waste and for traffic, but there is
adequate capacity to accommodate the maximum demand generated by the proposed
amendment.
Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Commercial (C) District boundaries is consistent with the
boundaries of the subject property. The proposed Commercial (C) District is compatible with the
commercial and retail uses to the north, east and south, the mobile home park use to the south,
and the utility easement and trail to the west.
Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines, existing improvements and the natural environment.
Attachment number 4 \nPage 8 of 9
Item # 14
Community Development Board – January 21, 2014
REZ2013-10006- Page 9 of 9
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
REVIEW PROCEDURE:
Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject
property. The property owner must comply with all laws and ordinances in effect at the time
development permits are requested, including transportation concurrency provisions of the
Concurrency Management System in Division 9, Community Development Code.
RECOMMENDATION:
Based on the foregoing, the Planning and Development Department recommends the following
action:
Recommend APPROVAL of the request for Zoning Atlas amendment from the Office (O)
District to the Commercial (C) District.
Prepared by Planning and Development Department Staff:
Lauren Matzke, AICP
Long Range Planning Manager
ATTACHMENTS: Resume
Photographs of Site and Vicinity
Attachment number 4 \nPage 9 of 9
Item # 14
View looking west at the subject property (main drive
between office buildings), 18820-18860 US Highway 19.
View looking west at the subject property (north property line),
18820-18860 US Highway 19.
View looking west at the subject property, portion of 18946
US Highway 19.
View looking northwesterly from US Highway 19 at property
adjacent to northeastern portion of property (automobile
dealership)
Viewlookingnortheasterlyatpropertyadjacentto ViewlookingsouthwesterlyfromUSHighway19atpropertyView looking northeasterly at property adjacent to
northwestern portion of property (self-storage/warehouse)
View looking southwesterly from US Highway 19 at property
adjacent to southeastern portion of property (retail)
LUP2013-10006 & REZ2013-10006
18820-18860 US Highway 19 and portion of 18946 US Highway 19
Page 1 of 2
Attachment number 5 \nPage 1 of 2
Item # 14
View looking southwesterly from subject property at property
adjacent to southwestern portion of property (mobile home park)
View looking westerly from subject property at utility
easement and trail
View looking northerly along US Highway 19View looking southerly along US Highway 19
Across US Highway 19, to the east of the subject property,
retailandautomobiledealership
LUP2013-10006 & REZ2013-10006
18820-18860 US Highway 19 and portion of 18946 US Highway 19
Page 2 of 2
retail and automobile dealership
Attachment number 5 \nPage 2 of 2
Item # 14
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Approve a Future Land Use Map amendment from the Recreation/Open Space (R/OS) classification to the Institutional (I) classification and a
Zoning Atlas amendment from the Open Space/Recreation (OS/R) District to the Institutional (I) District for property located at 2650 Sabal
Springs Drive (consisting of a portion of Section 29. Township 28 South, Range 16 East), and pass Ordinances 8514-14 and 8515-14 on first
reading. (LUP2013-08005 and REZ2013-08004)
SUMMARY:
This future land use map amendment and rezoning application involves a 2.13-acre property located at the end of Sabal Springs Drive, 0.2 miles
west of Countryside Boulevard. The site, owned by the City of Clearwater, is located within the existing Countryside Recreation Center
property. This property has a Future Land Use Mapclassification of Recreation/Open Space (R/OS) and zoning designation of Open
Space/Recreation (OS/R). The applicant is requesting to amend the Future Land Use Map classification and the zoning district to the Institutional
(I) District.
The subject property is located just east of the existing recreation center building, and south of the existing property’s outdoor recreational
facilities. The City recently selected the subject property as a site for a newly constructed Countryside Library, and identified that the library
would require 2.13 acres (or 10 percent) of the existing recreation center property. Libraries are a governmental use, which are not a permitted
use in the Open Space/Recreation (OS/R) Zoning classification; therefore an amendment to Institutional (I) is required in order to build a library
to complement the services provided by the recreation center as well as to provide desirable services to adjacent residential areas. Although no
development plans have been submitted, the application indicated that the library will be a 22,000 square foot one-story building.
The Planning and Development Department has determined that the proposed Future Land Use Mapamendment and Zoning Atlas amendment
isconsistent with the Community Development Code as specified below:
· The proposed amendments are consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community
Development Code.
· The proposed amendments are compatible with the surrounding property and character of the neighborhood.
· Sufficient public facilities are available to serve the property.
· The proposed amendments will not have an adverse impact on the natural environment.
· The proposed amendments will not have an adverse impact on the use of property in the immediate area.
· The available uses in the Institutional (I) District are compatible with uses in the surrounding area.
· The proposed Institutional (I) District boundaries are appropriately drawn.
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. The land use map amendment application is a small-scale
amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required.
The Community Development Board will review these applications at its public hearing on January 21, 2014. The Planning and Development
Department will report its recommendation at the February 6, 2014 City Council meeting.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 15
Ordinance No.8514 -14
ORDINANCE NO. 8514-14
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
2.13 ACRES LOCATED AT THE END OF SABAL SPRINGS
DRIVE, APPROXIMATELY 0.2 MILES WEST OF COUNTRYSIDE
BOULEVARD, CONSISTING OF A PORTION OF SECTION 29,
TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2650 SABAL SPRINGS DRIVE, FROM
RECREATION/OPEN SPACE (R/OS) TO INSTITUTIONAL (I);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City’s comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property Land Use Category
See Exhibit A From: Recreation/Open
Space (R/OS)
(LUP2013-08005) To: Institutional (I)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
Attachment number 1 \nPage 1 of 7
Item # 15
Ordinance No.8514 -14
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ___________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 7
Item # 15
Attachment number 1 \nPage 3 of 7
Item # 15
Attachment number 1 \nPage 4 of 7
Item # 15
Ordinance No. 8515-14
ORDINANCE NO. 8515-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY 2.13 ACRES LOCATED AT THE END OF
SABAL SPRINGS DRIVE, APPROXIMATELY 0.2 MILES WEST
OF COUNTRYSIDE BOULEVARD, CONSISTING OF A PORTION
OF SECTION 29, TOWNSHIP 28 SOUTH, RANGE 16 EAST,
WHOSE POST OFFICE ADDRESS IS 2650 SABAL SPRINGS
DR., FROM OPEN SPACE/RECREATION (OS/R) TO
INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property Zoning District
See Exhibit A From: Open Space/
Recreation (OS/R)
(REZ2013-08004) To: Institutional (I)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 8514-14 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive Planning
and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.
PASSED ON FIRST READING _____________________________
PASSED ON SECOND AND FINAL _____________________________
READING AND ADOPTED
___________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________ ___________________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 5 of 7
Item # 15
Attachment number 1 \nPage 6 of 7
Item # 15
Attachment number 1 \nPage 7 of 7
Item # 15
E.4.
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: January 21, 2014
AGENDA ITEM: E.4.
CASE: LUP2013-08005
REQUEST: To amend the present Future Land Use Map designation from Recreation/Open Space
(R/OS) to Institutional (I).
GENERAL DATA:
Agent……………………… Barbara Pickell, Director, Clearwater Library Services
Applicant / Owner.............. City of Clearwater
Location……..................... 2650 Sabal Springs Drive, located at the end of Sabal Springs Drive, 0.2 miles west of
Countryside Boulevard
Property Size…................. 2.13 acres
ANALYSIS:
Site Location and Existing Conditions:
This case involves a 2.13 acre property, located at the end of Sabal
Springs Drive, 0.2 miles west of Countryside Boulevard. The site,
owned by the City of Clearwater, is located within the existing
Countryside Recreation Center property. The Countryside
Recreation Center offers the surrounding residential areas a
number of civic services and amenities including a fitness center
and gym, playground, picnic areas, basketball courts, and
baseball/softball diamonds. The subject property is located just
east of the existing recreation center building, and south of the
existing property’s outdoor recreational facilities. The City
recently selected the subject property as a site for a newly
constructed Countryside Library, and identified that the library
would require 2.13 acres (or 10 percent) of the existing recreation
center property. Libraries are a governmental use, which are not a
permitted use in the Recreation/Open Space (R/OS) Future Land
Use classification; therefore, an amendment to Institutional (I) is
required in order to build a library to complement the services
provided by the recreation center as well as to provide desirable
services to adjacent residential areas.
Request:
The request is to change the property’s Future Land Use Map
designation from the Recreation/Open Space (R/OS) category to
the Institutional (I) category. A request for a rezoning of the
property from Open Space/Recreation (OS/R) to Institutional (I) is
being processed concurrently with this case (see REZ2013-08004).
The change is being requested in order for the City to consolidate
its services and property holdings and build a 22,000 square foot
library to serve the adjacent residential area and the City of Clearwater.
T
Attachment number 2 \nPage 1 of 8
Item # 15
Community Development Board – January 21, 2014
LUP2013-08005- Page 2 of 8
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Vicinity Characteristics:
The subject property is located entirely within the
City’s Countryside Recreation Center property. To
the north of the recreation center property are single
family homes and to the east and south are
multifamily homes. The recreation center is
bounded on the west by a 175-foot wide utility
easement owned by Duke Energy, and a mobile
home park, both of which are located within
unincorporated Pinellas County. Since the parcel for
the proposed library is located within the existing
Countryside Recreation Center property, 100
percent of the perimeter property boundary of the
subject property abuts a Future Land Use
classification of Recreation/Open Space (R/OS).
However, when considering the recreation center
property as a whole, the abutting Future Land Use
classification to the east is Residential Low Medium
(RLM), with Residential Medium (RM) to the south
and Residential Urban (RU) to the north. The
property abuts a Future Land Use classification of
Transportation/Utility (T/U) to the west (see Figure
1 below).
Figure 1
A complete listing of the surrounding uses, Future
Land Use Map designations and Zoning Atlas
designations are shown in Table 1 below. In
addition, a comparison between the uses and
intensities allowed by the present and proposed
Future Land Use Map designations appears in Table
2.
14%
14%
36%
36%
Abutting Future Land Use
Designations (Countryside
Recreation Center Property)
Residential Medium
(RM)
Residential Urban
(RU)
Residential Low
Medium (RLM)
Transportation/Utility
(T/U)
Attachment number 2 \nPage 2 of 8
Item # 15
Community Development Board – January 21, 2014
LUP2013-08005- Page 3 of 8
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 1. Surrounding Future Land Use and Zoning Designations
Existing Conditions
Existing Use(s) FLUM Designation Zoning Atlas Designation
Direction
North: Recreation Center, Single
Family Residential
Recreation/Open Space
(R/OS), Residential Urban
(RU)
Open Space/Recreation (OS/R),
Low Medium Density
Residential (LMDR)
East: Recreation Center,
Multifamily Residential
Recreation/Open Space
(R/OS), Residential Low
Medium (RLM)
Open Space/Recreation (OS/R),
Medium Density Residential
(MDR)
South: Recreation Center,
Multifamily Residential
Recreation/Open Space
(R/OS), Residential
Medium (RM)
Open Space/Recreation (OS/R),
Medium Density Residential
(MDR)
West:
Recreation Center,
Transportation/Utility
Easement, Mobile Home Park
Recreation/Open Space
(R/OS), Residential Urban
(RU), Transportation/Utility
(T/U)
Open Space/Recreation (OS/R),
Institutional (I), R-6,
Residential Mobile Home Parks
and Subdivisions (County),
Agricultural Estate Residential
(A-E) (County)
Table 2. Uses and Intensities Allowed by Present and Proposed Future Land Use Designations
Present FLUM Designation
Recreation/Open Space (R/OS)
Requested FLUM Designation
Institutional (I)
Primary Uses:
Public/Private Open Space and/or
Recreation Facility; Beach/Water
Access
Public/Private Schools; Churches;
Public Offices; Hospitals
Maximum Density: N/A 12.5 Dwelling Units Per Acre
Maximum Intensity: FAR 0.25; ISR 0.60 FAR 0.65; ISR 0.85
Consistent Zoning Districts:
Open Space/Recreation (OS/R) Institutional (I)
REVIEW CRITERIA:
No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for
approval or receive a final action of approval unless it complies with the standards contained in
Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the
proposed amendment with the standards as per Section 4-603.F:
Attachment number 2 \nPage 3 of 8
Item # 15
Community Development Board – January 21, 2014
LUP2013-08005- Page 4 of 8
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 3. Consistency with Community Development Code Standards
CDC Section 4-603 Standard Consistent Inconsistent
F.1 The amendment will further implementation of the
Comprehensive Plan consistent with the goals, policies
and objectives contained in the Plan.
X
F.2 The amendment is not inconsistent with other provisions
of the Comprehensive Plan.
X
F.3 The available uses, if applicable, to which the property
may be put are appropriate to the property in question and
compatible with existing and planned uses in the area.
X
F.4 Sufficient public facilities are available to serve the
property.
X
F.5 The amendment will not adversely affect the natural
environment.
X
F.6 The amendment will not adversely impact the use of
property in the immediate area.
X
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendment include:
Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to
accommodate public demand and promote infill development.
Goal A.4 The City shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of existing
development exceeds the desired levels of service will be upgraded consistent with the target
dates for infrastructure improvements included in the applicable functional plan element.
Policy A.6.2.1 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.
Objective B.1.4 The City shall specifically consider the existing and planned LOS the road
network affected by a proposed development, when considering an amendment to the land use
map, rezoning, subdivision plat, or site plan approval.
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
integration of the Library into the larger Countryside Recreation Center property is compatible
with the mix of uses in the area and enables the City to create a joint use recreational and cultural
facility at this site. When a site plan is submitted, the Community Development Code will be
Attachment number 2 \nPage 4 of 8
Item # 15
Community Development Board – January 21, 2014
LUP2013-08005- Page 5 of 8
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
used to ensure compatibility with the adjacent residential areas. In addition, the proposal does
not degrade the level of service for public facilities below the adopted standards (a detailed
public facilities analysis follows in this report).
Consistency with the Countywide Plan Rules
Recommended Findings of Fact:
Section 2.3.3.7.3 of the Countywide Plan Rules states that the purpose of the Institutional (I)
future land use classification is to depict those areas of the county that are now used, or
appropriate to be used, for public/semi-public 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. Section 2.3.3.7.3 also states that the
Institutional (I) future land use classification 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 subject property is located within the City’s Countryside Recreation Center property
(Recreation/Open Space (R/OS) Future Land Use Classification) which is located at the terminus
of Sabal Springs Drive. The area contains a mix of residential uses in addition to the recreational
opportunities provided by the City. Future use of the subject property as a public library is
consistent with the purpose of the Institutional (I) future land use category and is compatible
with the recreation center and surrounding properties and neighborhood.
Recommended Conclusions of Law:
The proposed Future Land Use Map amendment is consistent with the purpose and locational
characteristics of the Countywide Plan Rules.
Compatibility with Surrounding Property/Character of the City & Neighborhood [Section
4-603.F.3 and Section 4-603.F.6]
Recommended Findings of Fact:
Existing surrounding uses consist of single and multifamily homes, parks and recreation facilities
owned by the City, and a transportation/utility easement. The future land use designations of
surrounding properties include Residential Urban (RU), Recreation/Open Space (R/OS),
Residential Low Medium (RLM), Residential Medium (RM), and Transportation/Utility (T/U).
The proposed use of the subject property as a library is compatible with the surrounding
properties and neighborhood.
The proposed Institutional (I) future land use designation permits 12.5 dwelling units per acre
and a floor area ratio (FAR) of 0.65. The future land use designations of surrounding properties
include Residential Urban (RU) (7.5 dwelling units per acre; FAR 0.40), Residential Low
Medium (RLM) (10 dwelling units per acre; FAR 0.50), Residential Medium (RM) (15 dwelling
units per acre; FAR 0.50), and Transportation/Utility (T/U) (FAR 0.70).
Attachment number 2 \nPage 5 of 8
Item # 15
Community Development Board – January 21, 2014
LUP2013-08005- Page 6 of 8
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Recommended Conclusions of Law:
The Institutional (I) future land use classification requested is consistent with the surrounding
future land use classifications that exist in the vicinity of the subject property. The proposed
future land use designation will allow the development of institutional (governmental use)
facilities at an intensity and scale that is consistent with existing recreational and residential uses
in the vicinity of the subject property. As such, the proposed amendment will allow development
that is in character with the surrounding area.
The proposed Institutional (I) future land use designation is in character with the overall Future
Land Use Map designations in the area. Further, the proposal is compatible with surrounding
uses and consistent with the character of the surrounding properties and neighborhood, and the
proposed library will be a valuable asset to the community and serves to increase access across
all segments of the population to media and technology that can be used to increase one’s quality
of life.
Sufficiency of Public Facilities [Section 4-603.F.4]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the
property, the maximum development potential of the property under the present and requested
Future Land Use Map designations was analyzed (see Table 4). The request for amendment to
the Institutional (I) Future Land Use Map category would increase the amount of development
potential allowed on the site (see Table 4 below).
Table 4. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designation
“R/OS”
Requested FLUM
Designation
“I”
Net Change
Site Area 2.13 AC
(92,782 SF)
2.13 AC
(92,782 SF)
Maximum Development
Potential 37,113 SF
0.40 FAR
26 DUs
60,308 SF
0.65 FAR
26 DUs
23,196 SF
0.25 FAR
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres FAR – Floor Area Ratio
SF – Square feet
As shown in Table 5 below, the proposed change will not degrade public facilities and services
below acceptable levels.
Attachment number 2 \nPage 6 of 8
Item # 15
Community Development Board – January 21, 2014
LUP2013-08005- Page 7 of 8
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 5. Public Facilities Level of Service Analysis
Maximum Potential Impact to Public
Facilities/Services
Net
Change
Capacity
Available?
Public Facility/Service Present FLUM
Designation
“R/OS”
Requested FLUM
Designation “I”
Streets 6 Trips1 1,779 Trips1 1,773 Yes
Potable Water 3,711 GPD2 6,031 GPD2 2,320 Yes
Wastewater 2,969 GPD2 4,825 GPD2 1,856 Yes
Solid Waste 0 Tons/Year 105 Tons/Year 105 Yes
Parkland 0.0 Acres3 0.0 Acres3 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
Recreation/Open Space (R/OS) – 3 vehicle trips per day per acre.
Institutional (I), Municipal/Public Facilities – 835 vehicle trips per day per acre.
2. GPD – Gallons per day.
3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
As shown in Table 6 below, there is an increase in maximum daily trips associated with the
request for amendment to the Institutional (I) Future Land Use designation; however, according
to the calculations herein, this increase would not impact the operating level of service for
Countryside Boulevard. Level of service standards are not calculated for Sabal Springs Drive
because it is a low volume local road, therefore for the purposes of this analysis, the segment of
Countryside Boulevard that travelers use to access Sabal Springs Drive was used. The change
from the Recreation/Open Space (R/OS) classification to the Institutional (I) classification with a
Municipal/Public Facilities use would have the potential to increase PM Peak Hour trips by 168
trips. The segment of Countryside Boulevard is currently operating at a Level of Service B,
which is above the adopted roadway level of service standard. The increase in PM Peak Hour
trips on the roadway will not decrease the level of service of this segment of Countryside
Boulevard.
Table 6. Maximum Potential Traffic
Countryside Boulevard
(SR 580 to Northside Drive)
Existing
Conditions
Current
FLUM1
Proposed
FLUM2
Net New
Trips
Potential Additional Maximum Daily Trips N/A 6 1,779 1,773
Potential Additional Maximum PM Peak HourTrips3 N/A 1 169 168
Roadway Volume (Annual Average Daily) 10,3414 10,347 12,120 1,773
Roadway Volume (PM Peak Hour)3 982 983 1,151 168
Roadway Level of Service PM Peak Hour B4 C5 C5
Adopted Roadway Level of Service Standard D Peak Hour
Abbreviations and Notes:
N/A = Not Applicable.
FLUM = Future Land Use Map, Clearwater Comprehensive Plan.
1. Based on PPC calculations of 3 trips per day per acre in the Recreation/Open Space (R/OS) future land use category.
2. Based on PPC calculations of 835 trips per day per acre in the Institutional (I) future land use category,
Municipal/Public Facilities use.
3. Based on MPO K-factor of 0.095.
4. Source: Pinellas County Metropolitan Planning Organization 2013 Level of Service Report.
5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2013 Level of Service
Report and the 2009 Florida Department of Transportation Quality/Level of Service Handbook.
Attachment number 2 \nPage 7 of 8
Item # 15
Community Development Board – January 21, 2014
LUP2013-08005- Page 8 of 8
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the traffic generated by the proposed
amendment will not result in the degradation of the existing level of service on Countryside
Boulevard. There is an increase in demand for potable water and generation of wastewater and
solid waste, but there is adequate capacity to accommodate the maximum demand generated by
the proposed amendment. Furthermore, parkland and recreation facilities will not be affected by
the proposed amendment.
Impact on Natural Resources [Section 4-603.F.5]
Recommended Findings of Fact:
The site has already been developed with a recreation center and ball fields and there is an
existing paved parking lot which covers approximately 25 percent of the parcel. There is also a
stand of several native trees on site including laurel oak, longleaf pine, and slash pine.
Additionally, the site is located adjacent to wetlands and a natural freshwater lake with emergent
aquatic vegetation according to the Florida Land Use, Cover, and Forms Classification.
Recommended Conclusions of Law:
Any proposed redevelopment is required to be compliant with the City’s tree preservation,
landscaping, and stormwater management requirements.
REVIEW PROCEDURE:
Approval of the Future Land Use Map amendment does not guarantee the right to develop the
subject property. The Future Land Use Map amendment is subject to approval by the Pinellas
Planning Council and Board of County Commissioners acting as the Countywide Planning
Authority. Based on the size of the parcel, review and approval by the Florida Department of
Economic Opportunity (Division of Community Planning) is not required. The property owner
must comply with all laws and ordinances in effect at the time development permits are
requested, including transportation concurrency provisions of the Concurrency Management
System in Division 9, Community Development Code.
RECOMMENDATION:
Based on the foregoing, the Planning and Development Department recommends the following
action:
Recommend APPROVAL of the request for Future Land Use Map amendment from the
Recreation/Open Space (R/OS) classification to the Institutional (I) classifications.
Prepared by Planning and Development Department Staff:
Andrew Hayslip
Planner II
ATTACHMENTS: Resume
Photographs of Site and Vicinity
Attachment number 2 \nPage 8 of 8
Item # 15
E.5.
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: January 21, 2014
AGENDA ITEM: E.5.
CASE: REZ2013-08004
REQUEST: To amend the Zoning Atlas designation from OS/R, Open Space/Recreation category to
the Institutional (I) category.
GENERAL DATA:
Agent……………………… Barbara Pickell, Director, Clearwater Library Services
Applicant / Owner.............. City of Clearwater
Location……..................... 2650 Sabal Springs Drive, located at the end of Sabal Springs Drive, 0.2 miles west of
Countryside Boulevard.
Property Size…................. 2.13 acres
ANALYSIS:
Site Location and Existing Conditions:
This case involves a 2.13 acre property, located at the end of Sabal
Springs Drive, 0.2 miles west of Countryside Boulevard. The site,
owned by the City of Clearwater, is located within the existing
Countryside Recreation Center property. The Countryside
Recreation Center offers the surrounding residential areas a number
of civic services and amenities including a fitness center and gym,
playground, picnic areas, basketball courts, and baseball/softball
diamonds. The subject property is located just east of the existing
recreation center building, and south of the existing property’s
outdoor recreational facilities. The City recently selected the subject
property as a site for a newly constructed Countryside Library, and
identified that the library would require 2.13 acres (or 10 percent)
of the existing recreation center property. Libraries are a
governmental use, which are not a permitted use in the Open
Space/Recreation (OS/R) Zoning classification; therefore an
amendment to Institutional (I) is required in order to build a library
to complement the services provided by the recreation center as well
as to provide desirable services to adjacent residential areas.
Although no development plans have been submitted, it is proposed
that the library will be a 22,000 square foot one-story building. The
perimeter landscaping on the parcel is mature and should not be
disturbed during construction; this will help ensure adequate
screening from adjacent neighborhoods.
Attachment number 3 \nPage 1 of 8
Item # 15
Community Development Board – January 21, 2014
REZ2013-08004- Page 2 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Request:
The request is to change the property’s Zoning Atlas
designation from the Open Space/Recreation (OS/R)
category to the Institutional (I) category. A request for
a Future Land Use Map designation change from
Recreation/Open Space (R/OS) to Institutional (I) is
being processed concurrently with this case (see
LUP2013-08005). The change is being requested in
order for the City to consolidate its services and
property holdings and build a 22,000 square foot
library to serve the adjacent residential area and the
City of Clearwater.
Vicinity Characteristics:
The subject property is located entirely within the
City’s existing Countryside Recreation Center
property which is currently zoned Open
Space/Recreation (OS/R). To the north of the
recreation center property are single family homes and
to the east and south are multifamily homes. The
recreation center is bounded on the west by a 175-foot
wide utility easement owned by Duke Energy, and a
mobile home park, both of which are located within
unincorporated Pinellas County. Since the parcel for
the proposed library is located within the existing
Countryside Recreation Center property, 100 percent
of the perimeter property boundary of the subject
parcel abuts a Zoning classification of Open
Space/Recreation (OS/R). However, when considering
the recreation center property as a whole, the abutting
zoning classification to the east and the south is
Medium Density Residential (MDR) and Low
Medium Density Residential (LMDR) to the north.
The property abuts a Zoning classification of
Institutional (I) and Agricultural Estate Residential
(A-E) (Pinellas County) to the west (see Figure 1
below).
A complete listing of the surrounding uses, Future
Land Use Map designations and Zoning Atlas
designations are shown in Table 1.
Attachment number 3 \nPage 2 of 8
Item # 15
Community Development Board – January 21, 2014
REZ2013-08004- Page 3 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Figure 1
Table 1. Surrounding Future Land Use and Zoning Designations
Existing Conditions
Existing Use(s) FLUM Designation Zoning Atlas Designation
Direction
North: Recreation Center, Single
Family Residential
Recreation/Open Space
(R/OS), Residential Urban
(RU)
Open Space/Recreation (OS/R),
Low Medium Density
Residential (LMDR)
East: Recreation Center,
Multifamily Residential
Recreation/Open Space
(R/OS), Residential Low
Medium (RLM)
Open Space/Recreation (OS/R),
Medium Density Residential
(MDR)
South: Recreation Center,
Multifamily Residential
Recreation/Open Space
(R/OS), Residential
Medium (RM)
Open Space/Recreation (OS/R),
Medium Density Residential
(MDR)
West:
Recreation Center,
Transportation/Utility
Easement, Mobile Home Park
Recreation/Open Space
(R/OS), Residential Urban
(RU), Transportation/Utility
(T/U)
Open Space/Recreation (OS/R),
Institutional (I), R-6,
Residential Mobile Home Parks
and Subdivisions (County),
Agricultural Estate Residential
(A-E) (County)
REVIEW CRITERIA:
No amendment to the Zoning Atlas shall be recommended for approval or receive a final action
of approval unless it complies with the standards contained in Section 4-602.F, Community
Development Code. Table 2 below depicts the consistency of the proposed amendment with the
standards as per Section 4-602.F.
21%
14%
51%
14%
Abutting Zoning Atlas
Designations
Institutional (I)
Agricultural Estate
Residential (A-E)
Medium Density
Residential (MDR)
Low Medium Density
Residential (LMDR)
Attachment number 3 \nPage 3 of 8
Item # 15
Community Development Board – January 21, 2014
REZ2013-08004- Page 4 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 2. Consistency with Community Development Code Standards
CDC Section 4-602 Standard Consistent Inconsistent
F.1 The proposed amendment is consistent with and furthers
the goals, policies and objectives of the Comprehensive
Plan and furthers the purposes of this Development Code
and other city ordinances and actions designed to
implement the plan.
X
F.2 The available uses to which the property may be put are
appropriate to the property which is subject to the
proposed amendment and compatible with existing and
planned uses in the area.
X
F.3 The amendment does not conflict with the needs and
character of the neighborhood and the city.
X
F.4 The amendment will not adversely or unreasonably affect
the use of other property in the area.
X
F.5 The amendment will not adversely burden public
facilities, including the traffic-carrying capacities of
streets, in an unreasonably or disproportionate manner.
X
F.6 The district boundaries are appropriately drawn with due
regard to locations and classifications of streets,
ownership lines, existing improvements and the natural
environment.
X
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Consistency of Development with the Clearwater Comprehensive Plan and Community
Development Code and City Regulations [Section 4-602.F.1]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendment include:
Goal A.4 The City shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of existing
development exceeds the desired levels of service will be upgraded consistent with the target
dates for infrastructure improvements included in the applicable functional plan element.
Objective A.6.2 The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill development
that is consistent and compatible with the surrounding environment.
Policy A.6.2.1 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.
Objective B.1.4 The City shall specifically consider the existing and planned LOS the road
network affected by a proposed development, when considering an amendment to the land use
map, rezoning, subdivision plat, or site plan approval.
Attachment number 3 \nPage 4 of 8
Item # 15
Community Development Board – January 21, 2014
REZ2013-08004- Page 5 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
Institutional (I) category would allow the City of Clearwater to utilize the City’s current property
holdings to build a library which would provide better access to recreation and educational
services to nearby residential areas.
In addition, the proposal does not degrade the level of service for public facilities below the
adopted standards (a detailed public facilities analysis follows in this report).
Compatibility with Surrounding Property/Character of the City & Neighborhood [Section
4-602.F.2, 4-602.F.3 and Section 4-602.F.4]
Recommended Findings of Fact:
Existing surrounding uses consist of single and multifamily homes, recreation/open space
property owned by the City, and a transportation/utility easement. The Zoning Atlas designations
of surrounding properties include Low Medium Density Residential (LMDR), Medium Density
Residential (MDR), Agricultural Estate Residential (A-E) (Pinellas County), and Institutional (I).
The intent of the proposed Institutional (I) District is to establish areas where public and private
organizations can establish and operate institutions with a public interest in support of the quality
of life of the citizens of the City of Clearwater without adversely impacting the integrity of
adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater, or
negatively impacting the safe and efficient movement of people and things within the City of
Clearwater.
The proposed Zoning Atlas designation will allow infill development of the subject property to
take place. A library is a governmental use which is allowed in the Institutional (I) district and
will serve to increase the quality of life of neighboring residential areas by providing cultural,
educational, and technology services to the community.
Recommended Conclusions of Law:
The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations
in the area. Further, the proposal is compatible and consistent with the uses and character of the
surrounding properties and neighborhood in the vicinity of the subject property.
Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the
property, the maximum development potential of the property under the present and requested
Future Land Use Map and Zoning designations were analyzed. Even though this is a Zoning
Atlas amendment application, maximum development potential is based on the underlying future
land use, so for purposes of this analysis sufficiency of public facilities is based on the Future
Attachment number 3 \nPage 5 of 8
Item # 15
Community Development Board – January 21, 2014
REZ2013-08004- Page 6 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Land Use Map designation. The request for amendment to the Institutional (I) Future Land Use
Map classification would increase the amount of development potential allowed on the site (see
Table 3).
Table 3. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designation
“R/OS”
Requested FLUM
Designation
“I”
Net Change
Site Area 2.13 AC
(92,782 SF)
2.13 AC
(92,782 SF)
Maximum Development
Potential 37,113 SF
0.40 FAR
26 DUs
60,308 SF
0.65 FAR
26 DUs
23,196 SF
0.25 FAR
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres FAR – Floor Area Ratio
SF – Square feet
As shown in Table 4 below, the proposed change will result in an increase in demand of public
facilities and services, but will not degrade them below acceptable levels.
Table 4. Public Facilities Level of Service Analysis
Maximum Potential Impact to Public
Facilities/Services
Net
Change
Capacity
Available?
Public Facility/Service Present FLUM
Designation
“R/OS”
Requested FLUM
Designation “I”
Streets 6 Trips1 1,779 Trips1 1,773 Yes
Potable Water 3,711 GPD2 6,031 GPD2 2,320 Yes
Wastewater 2,969 GPD2 4,825 GPD2 1,856 Yes
Solid Waste 0 Tons/Year 105 Tons/Year 105 Yes
Parkland 0.0 Acres3 0.0 Acres3 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
Recreation/Open Space (R/OS) – 3 vehicle trips per day per acre.
Institutional (I), Municipal/Public Facilities – 835 vehicle trips per day per acre.
2. GPD – Gallons per day.
3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the
estimated trip generation for specific uses allowed in the current and proposed zoning districts
based on the Institute of Transportation Engineer’s (ITE) Trip Generation 9th Edition. The table
shows an increase of 97 PM Peak Trips when comparing the existing underlying use to the
proposed development size of the library under the proposed Future Land Use classification. It
should be noted that while the underlying Future Land Use classification of Recreation/Open
Space (R/OS) was used to determine the existing maximum FAR of the 2.13 acre subject
property, the parcel is currently vacant, consisting of trees, landscaping, and a portion of a paved
parking lot. However, under the current Future Land Use classification additional development
potential exists beyond what is currently constructed. Therefore, the analysis compares the
maximum development potential of the existing Future Land Use and Zoning classifications to
Attachment number 3 \nPage 6 of 8
Item # 15
Community Development Board – January 21, 2014
REZ2013-08004- Page 7 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
the proposed Future Land Use classification. For a more accurate analysis, the actual proposed
size of the library was used to generate the analysis in Table 5.
Table 5. Trip Generation Comparison by Zoning Atlas Designation
Land Use Development
Potential
Avg.
Daily
Trips
Net Change
Avg Daily
Trips
PM Peak
Trips Avg
Rate
PM Peak
Trips
Net
Change
PM Peak
Trips
Existing Designation: Open Space/Recreation (OS/R)
Recreational Community
Center1 (33.82 trips/1000
SF GFA)
23,195 SF3 784 N/A 2.74 64 N/A
Proposed Designation: Institutional (I)
Library2 (56.24 trips/1000
SF GFA) 22,000 SF4 1,237 453 7.3 161 97
Abbreviations and Notes:
N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area
1. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 495.
2. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 590.
3. Total Floor Area Ratio (FAR) permitted by the underlying Recreation/Open Space (R/OS) Future Land Use Map category
is 0.25.
4. Total Floor Area Ratio (FAR) permitted by the proposed Institutional (I) Future Land Use Map category is 0.65 which
would allow a maximum of 60,308 SF; however, the proposed library is 22,000 SF so for the purposes of this analysis, this
number was used.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the traffic generated by the proposed
amendment will not result in the degradation of the existing level of service on Countryside
Boulevard. There is an increase in demand for potable water and generation of wastewater and
solid waste, but there is adequate capacity to accommodate the maximum demand generated by
the proposed amendment. Furthermore, parkland and recreation facilities will not be affected by
the proposed amendment.
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 proposed
boundaries of the new Countryside Library, as determined by the City’s Engineering
Department. The proposed Institutional (I) District is compatible with the single family
residential use to the north, the multifamily use to the east and south, and transportation/utility
easement use and institutional use to the west.
Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of
existing improvements and the natural environment.
Attachment number 3 \nPage 7 of 8
Item # 15
Community Development Board – January 21, 2014
REZ2013-08004- Page 8 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
REVIEW PROCEDURE:
Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject
property. The property owner must comply with all laws and ordinances in effect at the time
development permits are requested, including transportation concurrency provisions of the
Concurrency Management System in Division 9, Community Development Code.
RECOMMENDATION:
Based on the foregoing, the Planning and Development Department recommends the following
action:
Recommend APPROVAL of the request for Zoning Atlas amendment from the Open
Space/Recreation (OS/R) category to the Institutional (I) category.
Prepared by Planning and Development Department Staff:
Andrew Hayslip
Planner II
ATTACHMENTS: Resume
Photographs of Site and Vicinity
Attachment number 3 \nPage 8 of 8
Item # 15
LUP2013-08005 & REZ2013-08004
City of Clearwater –Countryside Library
2650 Sabal Springs Drive
View looking south from the subject property, 2650 Sabal
Springs Dr.
Alternate northern view of subject property
View looking north at the subject property, 2650 Sabal Springs
Dr.
Alternate northeastern view of subject property
View looking north at subject property with existing trees View looking to the northwest of subject property toward
existing recreation center
Attachment number 4 \nPage 1 of 1
Item # 15
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Provide direction on the proposed Development Agreement between Marquesas, LLC (the property owner) and the City of Clearwater,
providing for the allocation of up to 93 units from the Hotel Density Reserve under Beach by Design and confirm a second public
hearing in City Council Chambers before City Council on February 20, 2014 at 6:00 p.m., or as soon thereafter as may be heard.
(HDA2013-12008)
SUMMARY:
Site Location and Existing Conditions:
The 5.31-acre site is located at the southwest corner of South Gulfview Boulevard and Gulf Boulevard. The subject property
is comprised of one parcel with a frontage of approximately 600 feet of frontage on South Gulfview Boulevard (north), 400
feet of frontage on Gulf Boulevard (east) and 700 feet along the water. The site is vacant. The subject property is zoned
Tourist (T) (4.38 acres) and Open Space/Recreation (OS/R) (0.93 acres) Districts with the corresponding underlying Future
Land Use Plan (FLUP) categories of Resort Facilities High (RFH) and Preservation (P). The subject property is also located
within the South Beach/Clearwater Pass District of Beach by Design. Please note that with regard to site area only the
portion of the property within the T District is considered and listed herein.
Access to the site is provided by a pair of two-way driveways along South Gulfview Boulevard with one driveway near the
northwest corner of the site and the second two-way driveway near the northeast corner of the site (approximately where
South Gulfview Boulevard begins to curve to the south as it intersects with Gulf Boulevard and the foot of the Sand Key
Bridge). The site is currently vacant with the exception of a small real estate sales office located at the northeast corner of
the site.
The character district is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation
and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The property directly
west of this property is developed with an overnight accommodation use. The City’s Beach Walk project has been
constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with lush
landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond.
Development Proposal:
The owners propose to develop the site with two primary buildings including a 74-unit resort attached dwelling building and
a 208-unit overnight accommodations building with associated accessory uses included a restaurant, bar, fitness facility
and the like. It should be noted that on April 19, 2005 the Community Development Board (CDB) approved a Transfer of
Development Rights (TDR) of 10 units from 41 Devon Drive and three units from the Sand Pearl project located generally at
500 Mandalay Avenue (13 dwelling units total), under the provisions of Section 4-1402 (TDR2005-01017) as associated
with applications FLD2005-01016 and PLT2005-00002. It must be noted that the applicant is using only 12 of these
dwelling units as part of the 74 proposed dwelling units because the amount of dwelling units, which may used as part of a
TDR is limited to 20 percent of the permitted number of dwelling units. As such, for the purposes of determining the overall
intensity of use for the site, only 62 dwelling units are used (74 less 12 equals 62).
The development is considered a mixed use project due to the mix of residential and non-residential units. The intensity of
Cover Memo
Item # 16
use for mixed use projects is determined by calculating the amount of land area needed for one of the uses and the
applying the remaining land area to the second use. In the case of the subject development, the development potential is
determined by first calculating the amount of land needed to support 62 dwelling units. In this case, 2.067 acres is need to
support 62 dwelling units given density of 30 units per acre. This area is subtracted from the overall size of the site (4.38
acres) resulting in 2.313 acres. This is then multiplied by 50 (the otherwise permitted number of hotel units permitted per
acre) which yields 115 units. This acreage is also multiplied by 90 (the maximum density for properties greater than 2.5
acres pursuant to Beach by Design) which yields 208 units. Subtracting these two figures (208 less 115) yields 93,
which is the number of units needed from the Reserve. The proposal is consistent with Beach by Design and the
Community Development Code (CDC) with regard to density.
As mentioned, the current proposal is to develop the site with two primary buildings including a 74-unit resort attached
dwelling building (including 12 units transferred to the site previously) and a 208-unit overnight accommodations building
with associated accessory uses included a restaurant, bar, fitness facility and the like, including the allocation of up to 93
rooms from the Hotel Density Reserve. The Overnight Accommodation and Resort Attached Dwelling building will be 150
feet (from Base Flood Elevation) to flat roof (15 stories) with an additional 13 feet for mechanical equipment and
architectural details. A parking garage containing 265 spaces serving the Overnight Accommodation use will be just over 73
feet with an additional 13 feet for mechanical equipment and architectural details. An additional 50 spaces are
accommodated within structured parking associated with the Resort Attached Dwelling building. Finally, 97 spaces are
provided with surface parking throughout the site. The proposal includes a tropical modern architecture, which is consistent
with and complements the tropical vernacular envisioned in Beach by Design.
Consistency with the Community Development Code:
Minimum Lot Area and Width: Pursuant to CDC Tables 2-802 and 803, the minimum lot area for Mixed Uses is
between 5,000 and 10,000 square feet. The subject property is 190,923 square feet in area. Pursuant to the same Table,
the minimum lot width for Mixed Uses can range between 50 and 100 feet. The lot width of this site along South Gulfview
Boulevard is approximately 600 feet. The proposal is consistent with these Code provisions.
Minimum Setbacks : The conceptual site plan depicts a front (north) setback of 15 feet to parking garage, 95 feet to
Overnight Accommodation use and five feet to parking, a front (east) setback of 85 feet to Resort Attached Dwelling and
zero feet to paved parking and covered parking structure, a side (west) setback of 17 feet to building (parking garage) and
side (south) setback of 25 feet to parking garage, 51 feet to Overnight Accommodation use, 20 feet to Resort Attached
Dwelling use, zero feet to patio, seven feet to pool and 12 feet to parking. The proposed setbacks may be approved as part
of a Level One Flexible Standard Development application, subject to meeting the applicable flexibility criteria of the
Community Development Code (CDC) and notwithstanding other development parameters such as height.
Maximum Height: Pursuant to the Clearwater Pass District Character District standards of Beach by Design and that
the owners are requesting up to 93 hotel rooms from the Hotel Density Reserve, the maximum height of the hotel can be up
to 150 feet provided that there are no more than four buildings above 100 feet in height within 800 feet of the proposed
building. The applicant has proposed a building 150 feet (from Base Flood Elevation) to flat roof (15 stories) with an
additional 13 feet for mechanical equipment and architectural details. Buildings less than 100 feet in height may be located
without limitation although any height above 100 feet must be requested through a Level Two Flexible Development
application, subject to meeting the applicable flexibility criteria of the CDC. The height of the proposed building is generally
consistent with the guidelines of Beach by Design.
Minimum Off-Street Parking: The 208-room Overnight Accommodation use requires a minimum of 250 off-street
parking spaces and the 74-unit Resort Attached Dwelling use requires a minimum of 111 spaces. A total of 361 spaces are
required where 421 spaces are provided. The conceptual site plan includes a parking garage containing 265 spaces
serving the Overnight Accommodation use, 50 spaces within structured parking associated with the Resort Attached
Dwelling building and 97 spaces provided via surface parking throughout the site. The number of parking spaces is
consistent with the CDC.
Cover Memo
Item # 16
Landscaping:While a formal landscape plan is not required to be submitted for review at this time, the conceptual
landscape areas depicted on the site plan show that foundation landscaping between five and 15 feet in width will be
provided along the street-facing facades of all buildings. In addition, landscape buffers generally five feet in width will be
provided along most of the frontage of the site along South Gulfview Boulevard and Gulf Boulevard. A portion of the
parking lot along the east side of the site approximately 100 feet in length has a setback of zero feet. A Comprehensive
Landscape Program application will be required to address this however this reduction in buffer width appears reasonable
given that this area is adjacent to the bridge embankment and a landscape buffer in this area would not serve any
practicable purpose. Generally, the proposed landscape areas meet or exceed what is otherwise required. As noted,
however, flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed
at time of formal site plan approval.
Consistency with Beach by Design:
Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the
proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by
Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final
site plan approval process.
Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by
Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with
those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) Countywide
approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact
Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable
levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan
and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will
be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density
Reserve under Beach by Design and includes the following main provisions:
Provides for the allocation of up to 93 units from the Hotel Density Reserve or a maximum density of 90 units per acre;
Requires the developer to obtain building permits and certificates of occupancy in accordance with (CDC) Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;
For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and
requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable
after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided
the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or
architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section
4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions
not specified as minor shall require an amendment to this Development Agreement.
Cover Memo
Item # 16
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 16
Attachment number 1 \nPage 1 of 3
Item # 16
Attachment number 1 \nPage 2 of 3
Item # 16
Attachment number 1 \nPage 3 of 3
Item # 16
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
("Agreement") is dated the _______ day of _______________, 2013, and entered into
between MARQUESAS, LLC, a Florida limited liability company (“Developer"), its
successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal
corporation of the State of Florida acting through its City Council, the governing body
thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a
special area plan for the revitalization of Clearwater Beach adopted under the provisions
of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled
Beach by Design; and
WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local
Government Development Agreement Act ("Act"), authorize the City to enter into
binding development agreements with persons having a legal or equitable interest in real
property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community, and further provided for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns 5.31 acres of real property, including 4.38 acres
of upland ("Property") in the corporate limits of the City, more particularly described on
Exhibit "A" attached hereto and incorporated herein; and
WHEREAS, the Developer desires to use (for density calculation purposes) 2.31
acres of the Property as a “Hotel” with overnight accommodation units, minimal meeting
space for guest use, pool/tiki bar, lobby and parking with parking spaces, generally
conforming to the architectural elevation dimensions shown in composite Exhibit "B”
(collectively, these improvements are the “Hotel”); and
WHEREAS, the Developer desires to use (for density calculation purposes) 2.07
acres of the Property as a “Resort Condominium” with resort attached dwelling units,
pool/spa, and parking with parking spaces, generally conforming to the architectural
elevation dimensions shown in composite Exhibit “B” (collectively, these improvements
are the “Resort Condominium”; and
Attachment number 2 \nPage 1 of 22
Item # 16
WHEREAS, the Property has not previously acquired density from the Destination
Resort Density Pool; and
WHEREAS, the Property has previously acquired density through Transfer of
Development Rights; and
WHEREAS, upon completion the Hotel will contain 208 overnight
accommodation units, which includes 93 units from the available Hotel Density Reserve
(“Reserve Units”) and the Resort Condominium will contain 74 resort dwelling units,
including twelve (12) units previously transferred to the Property (collectively, the Resort
Condominium and Hotel are the “Project”); and
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and
any other applicable law; and
WHEREAS, the City has determined that, as of the date of this Agreement, the
proposed project is consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, at a duly noticed and convened public meeting on
______________________, 2014, the City Council approved this Agreement and
authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act and Code, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of
this Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as of
the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
Attachment number 2 \nPage 2 of 22
Item # 16
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
(RFH) and is zoned Tourist (T).
3.2. The Property is owned in fee simple by the Developer.
3.3 The Property is generally located at the intersection of S. Gulfview Blvd
and the Clearwater Pass Bridge as further described in Exhibit “A”.
SECTION 4. Scope of Project.
4.1 The Hotel shall consist of 208 overnight accommodation units. Of the 208
overnight accommodation units, 93 units shall be from the Hotel Density Reserve.
4.2 The Resort Condominium shall consist of 74 resort attached dwelling units,
subject to site plan approval independent of the requirements contained herein. This
Agreement grants no development rights additional to those vested as of the Effective
Date of this Agreement.
4.3 The Project shall include a minimum of 383 parking spaces, as defined in
the Code.
4.4 The design of the Hotel, as represented in Exhibit “B”, is consistent with
Beach by Design.
4.5 The density of the Hotel shall be the equivalent of 90 units per acre and the
density of the Resort Condominium shall be the equivalent of 30 dwelling units per acre
plus a transfer of density of 12 units using a mixed use density calculation. In no instance
shall the density of a parcel of land exceed 150 units per acre. The height of the Project
shall be 150 feet measured from Base Flood Elevation, as defined in the Code. The
maximum building heights of the various character districts cannot be increased to
accommodate hotel rooms allocated from the Hotel Density Reserve.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes
Section 163.3239 and Code Section 4-606.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
Attachment number 2 \nPage 3 of 22
Item # 16
5.3 This Agreement shall continue in effect for ten (10) years unless earlier
terminated as set forth herein.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests or
assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall comply with
the Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the Hotel:
6.1.3.1 To retain the grant of Reserve Units provided for herein,
the Property and improvements located thereon shall be developed in
substantial conformance with the Conceptual Site Plan attached as Exhibit
"B". Any modifications determined by the Planning Director as either
inconsistent with attached Exhibit “B” or constituting a substantial
deviation from attached Exhibit “B” shall require an amendment to this
Agreement in accordance with the procedures of the Act and the Code, as
necessary and applicable. Any and all such approved and adopted
amendments shall be recorded in the public records of Pinellas County,
Florida.
6.1.3.2 The Developer shall obtain appropriate site plan approvals
pursuant to a Level One or Level Two development application within one
(1) year from the effective date of this Agreement ("Commencement
Date") for the Hotel and shall then obtain appropriate permits and
Certificate(s) of Occupancy, all in accordance with provisions of the Code.
Nothing herein shall restrict Developer from seeking an extension of site
plan approvals, and the Commencement Date, pursuant to the Code or state
law. In the event that work is not so commenced, the City may deny future
development approvals and/or certificates of occupancy for the Project,
and may terminate this Agreement in accordance with Section 10. Nothing
herein shall require Developer to obtain site plan approval within one year
for the Resort Condominium.
6.1.3.3 The Developer shall execute, prior to commencement of
construction, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C", stating that the accommodation use will close as soon
as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
Attachment number 2 \nPage 4 of 22
Item # 16
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit
for the Project, the Developer hereby agrees to execute the covenant of unified use and
development for the Project Site providing that the Project Site shall be developed and
used as a single project, the form of which covenant is attached as Exhibit "D"; provided
however, that nothing shall preclude the Developer from selling all or a portion of the
Developer's Property in the event that Developer determines not to construct the Project.
It is understood and agreed that, in the event that the Developer enters into the anticipated
covenant of unified use and development, and the Developer elects not to construct the
Project and notifies the City of its election in writing, and, alternatively, as of the date of
expiration, termination or revocation no rights of Developer remain or will be exercised to
incorporate the Hotel Density Reserve Units into the Project, the City shall execute and
deliver to the Developer a termination of such covenant of unified use and development
suitable for recording in the Public Records of Pinellas County, Florida.
6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer
not timely constructed in conjunction with the Project shall be returned to the Hotel
Density Reserve and be unavailable to Developer for use on the Project.
6.1.6 Transient Use. A reservation system shall be required as an integral part of
the hotel use and there shall be a lobby/front desk area that must be operated as a typical
lobby/front desk area for a hotel would be operated. Access to overnight accommodation
units must be provided through a lobby and internal corridor. All units in the hotel shall
be made available to the public as overnight transient hotel guests at all times through the
required hotel reservation system. Occupancy in the hotel is limited to a term of less than
one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel
shall not be used as a primary or permanent residence.
6.1.7 No Full Kitchens. No unit in the Hotel shall have a complete kitchen
facility as that term is used in the definition of “dwelling unit” in the Code.
6.1.8 Inspection of Records. Developer shall make available for inspection to
authorized representatives of the City its books and records pertaining to each Hotel
Density Reserve unit upon reasonable notice to confirm compliance with these regulations
as allowed by general law.
6.1.9 Compliance with Design Guidelines. The Developer agrees to comply
with the Design Guidelines as set forth in Section VII. of Beach by Design.
6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no
outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or
after 12:00 midnight on Friday and Saturday.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan applications for
the Property that are consistent with the Comprehensive Plan and the Concept Plan and
that meet the requirements of the Code.
Attachment number 2 \nPage 5 of 22
Item # 16
6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is
subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they
may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the
conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive ninety-three
(93) units from the Hotel Density Reserve as defined in Beach by Design, contingent upon
the provisions of Section 6.1.5.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval. The requirements for concurrency as set
forth in Article 4, Division 9, of the Code, have been satisfied.
7.1 Potable water is available from the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the Cit y. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 The Project shall comply with the Metropolitan Planning Organization’s
(“MPO”) or its successor’s countywide approach to the application of concurrency
management for transportation facilities, and the transportation analysis conducted for the
Project shall include the following:
· Recognition of standard data sources as established by the MPO;
· Identification of level of service (LOS) standards for state and county roads as
established by the MPO;
· Utilization of proportional fair-share requirements consistent with Florida
Statutes and the MPO model ordinance;
· Utilization of the MPO Traffic Impact Study Methodology; and
· Recognition of the MPO designation of “Constrained Facilities” as set forth in
the most current MPO Annual Level of Service Report.
7.6 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of
occupancy.
Attachment number 2 \nPage 6 of 22
Item # 16
7.7 Developer agrees to provide a cashier’s check, a payment and performance
bond, or letter of credit in the amount of 115% of the estimated costs of the public
facilities and services, to be deposited with the City to secure construction of any new
public facilities and services required to be constructed by this Agreement. Such
construction shall be completed prior to issuance of a Certificate of Occupancy for the
Project.
SECTION 8. Required Local Government Approvals. The required local
government development approvals for development of the Property include, without
limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s);
8.4 Certificate(s) of occupancy; and
SECTION 9. Finding of Consistency. The City finds that development of the
Property is consistent with the terms of this Agreement and is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the City
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as
a basis for termination of this Agreement by the City, at the discretion of the City and
after notice to the Developer and an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions. Except in the case of termination,
until ten (10) years after the date of this Agreement, the City may apply laws and policies
adopted subsequently to the Effective Date of this Agreement if the City has held a public
hearing and determined:
(a) They are not in conflict with the laws and policies governing the
Agreement and do not prevent development of the land uses,
intensities, or densities in the Agreement;
(b) They are essential to the public health, safety, or welfare, and expressly
state that they shall apply to a development that is subject to a
development agreement;
(c) They are specifically anticipated and provided for in this Agreement;
(d) The City demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of this Agreement;
or
Attachment number 2 \nPage 7 of 22
Item # 16
(e) This Agreement is based on substantially inaccurate information
provided by the Developer
SECTION 12. Compliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Marquesas, LLC
c/o Ocean Properties
1000 Market Street
Portsmouth, NH 03801
With Copy to: E.D. Armstrong III
Hill Ward Henderson
311 Park Place, Suite 240
Clearwater, FL 33759
If to City: City of Clearwater
Attn: City Manager
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
Attachment number 2 \nPage 8 of 22
Item # 16
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the "assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer to
the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer's
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that notice of such assignment
shall be given by the Developer to the City not less than thirty (30) days prior to
such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with respect
to any other Parcel by virtue of this Agreement unless and until such assignee,
purchaser, sublessee or acquire has expressly assumed the Developer's such other
obligations.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
Attachment number 2 \nPage 9 of 22
Item # 16
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded in
the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and
shall with the remainder of this Agreement continue unmodified and in full force and
effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the
extent that the purpose of this Agreement or the benefits sought to be received hereunder
are frustrated, such party shall have the right to terminate this Agreement upon fifteen
(15) days written notice to the other parties.
Attachment number 2 \nPage 10 of 22
Item # 16
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which are of general application not governing the development of land shall
be applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida.
SECTION 24. Counterparts. This Agreement may be executed in counterparts,
all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City and the Developer so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
[Signature pages to follow]
Attachment number 2 \nPage 11 of 22
Item # 16
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
In the Presence of: Marquesas, LLC, a Florida limited liability
company
______________________________ __________________________________
Print Name_____________________ By:
Its Managing Member
______________________________
Print Name_____________________
As to Developer
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Leslie K. Dougall-Sides
Assistant City Attorney
Attachment number 2 \nPage 12 of 22
Item # 16
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
_______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of
Clearwater, Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the
City of Clearwater, Florida, who is [ ] personally known to me or who has [ ]
produced _____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires
Attachment number 2 \nPage 13 of 22
Item # 16
EXHIBIT “A”
Legal Description
Attachment number 2 \nPage 14 of 22
Item # 16
EXHIBIT “B”
Conceptual Site Plan
Attachment number 2 \nPage 15 of 22
Item # 16
EXHIBIT “C”
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the _____ day of _________________, 2014, by Marquesas, LLC, a Florida limited
liability company ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of
Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater
Beach as a Community Redevelopment District pursuant to the Pinellas County Planning
Council Rules in order to implement the provisions of Beach by Design, a plan for the
revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall
be closed and all Guests evacuated from such hotels as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a
hurricane evacuation would be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resolution __________, passed and approved on
____________, 201__, Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Property in
accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to
the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to
be observed and performed, and in further consideration of the allocation of Hotel Density
Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Developer and its successors and assigns and shall be enforceable by them and also for
Attachment number 2 \nPage 16 of 22
Item # 16
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Property in accordance with the provisions
of this Declaration.
2.1 Use. The use of the Hotel on the Property is restricted as follows:
2.1.1 100 units, which is the number of hotel units allocated to Developer from
the Hotel Density Reserve, shall be used solely for transient occupancy of one
month or thirty (30) consecutive days or less, must be licensed as a public lodging
establishment and classified as a hotel, and must be operated by a single licensed
operator of the hotel. All other hotel units shall be licensed as a public lodging
establishment. No hotel unit shall be used as a primary or permanent residence.
Access to overnight accommodation units must be provided through a lobby and
internal corridor. A reservation system shall be required as an integral part of the
hotel use and there shall be a lobby/front desk area that must be operated as a
typical lobby/front desk area for a hotel would be operated. No hotel unit shall
have a complete kitchen facility as that term is used in the definition of “dwelling
unit” in the Code. Developer shall make available for inspection to authorized
representatives of the City its books and records pertaining to each Hotel Density
Reserve unit upon reasonable notice to confirm compliance with these regulations
as allowed by general law. The Developer agrees to comply with the Design
Guidelines as set forth in Section VII. of Beach by Design.
2.1.2 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel”, and "operator" shall have the meaning given to such
terms in Florida Statutes Chapter 509, Part I.
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the
National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and security personnel required to protect
the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation
provisions of this Declaration shall be governed by the level of warning employed by the
National Hurricane Center which precedes the issuance of a forecast of probable landfall in order
to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of
a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all
building permits required to build the project ("Project") and Developer's commencement of
construction of the Project, as evidence by a Notice of Commencement for the Project. This
Attachment number 2 \nPage 17 of 22
Item # 16
Declaration shall expire and terminate automatically if and when the allocation of Reserve Units
to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City determines
that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City
obtains relief, whether by agreement of the parties or through order of a court of competent
jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any extent
to be invalid or unenforceable, the remainder of this Declaration, or the application of such
provision or portion thereof to any person or circumstance, shall not be affected thereby, and
each and every other provision of this Declaration shall be valid and enforceable to the fullest
extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this
_____ day of ______________, 201__.
In the Presence of:
______________________________ By:__________________________________
Print Name_____________________
___________________________________
______________________________ Print Name
Print Name_____________________
As to Developer
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
Attachment number 2 \nPage 18 of 22
Item # 16
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
_______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced
_____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expi
Attachment number 2 \nPage 19 of 22
Item # 16
EXHIBIT “D”
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
__________________________________________
__________________________________________
_________________________________________
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this _____ day of
_____________, 201__, by Marquesas, LLC, a Florida limited liability company
(“Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Exhibit "A"
attached hereto and incorporated herein by reference (the "Hotel” and “Resort Condominium”);
and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Hotel Density Reserve Development Agreement dated ___________, 201__ (the
"Agreement"), pursuant to which the City has agreed that Developer may develop and construct
upon the Real Property a hotel and resort condominium project as described in the Agreement
(the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified
use, as more particularly described in this Covenant.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does hereby agree that, effective as of the date on which Developer receives all
permits required to construct the Project and Developer commences construction thereof, as
evidenced by a Notice of Commencement for the Project, the Real Property shall be developed
and operated as a limited-service hotel project and as a resort condominium, as described in the
Agreement. The restrictions set forth in the preceding sentence shall expire automatically when
and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is
terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict
Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real
Property or any portion or portions thereof to unrelated third-parties. Developer agrees that the
City shall have the right to enforce the terms and conditions of this Agreement.
Attachment number 2 \nPage 20 of 22
Item # 16
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel
operator.
IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this
_____ day of ______________, 201__.
In the Presence of: _____________________________________
___________________
______________________________ By:__________________________________
Print Name_____________________ _________________________________
Print Name
______________________________
Print Name_____________________
As to Developer
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
__________________________________
Rosemarie Call, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
Leslie K. Dougall-Sides
Assistant City Attorney
Attachment number 2 \nPage 21 of 22
Item # 16
4993596v3
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced
_____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 2 \nPage 22 of 22
Item # 16
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Attachment number 7 \nPage 3 of 3
Item # 16
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Encourage local retailers who sell tobacco products to cease the sale and marketing of flavored tobacco products within the City of
Clearwater and adopt Resolution 14-07.
SUMMARY:
At the January 16, 2014 council meeting, the Students Working Against Tobacco presented information regarding the dangers
associated with tobacco exposure and their efforts to cease the marketing and promotion of tobacco products to youth.
Council directed staff to draft a resolution urging local tobacco retailers to stop the sale and marketing of flavored tobacco products
within the City of Clearwater.
Review Approval:1) Clerk
Cover Memo
Item # 17
Resolution No. 14-07
RESOLUTION NO. 14-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CLEARWATER URGING TOBACCO RETAILERS TO
HELP STOP THE SALE AND MARKETING OF
FLAVORED TOBACCO PRODUCTS IN THE CITY OF
CLEARWATER, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, tobacco use is the number one cause of preventable death in the
United States, and almost 90 percent of tobacco users started using tobacco products
before they were 18 years old, and
WHEREAS, in Pinellas county, 1 in 5 high school students and nearly 1 in 14
middle school students have used tobacco in one of more forms in the past 30 days,
and
WHEREAS, according to the 2012 Florida Youth Tobacco Survey, 17.% of
Pinellas County high school and middle school students have used or tried flavored
tobacco products, which is a 3.4% higher rate than Florida’s rate of 13.9%; and
WHEREAS, tobacco manufacturers are banned from directly or indirectly
targeting youth in advertising, marketing and promotion of tobacco products aimed at
initiating, maintaining or increasing youth use of tobacco in accordance with the 1998
Master Settlement Agreement; and
WHEREAS, research from the Harvard School of Public Health found that
tobacco manufacturers are targeting youth with flavored products that mask the harsh
and toxic properties found in tobacco smoke and spit residue; and
WHEREAS, internal tobacco industry documents strongly suggest that
manufacturers intentionally target youth through the various flavors in tobacco products
and their marketing; and
WHEREAS, tobacco companies use youth-oriented colorful and stylish
packaging, and exploit adolescents’ attraction to flavors such as Green Apple, Cherry,
Root Beer, French Vanilla, Grape, Mango, Peach and numerous other flavors identified
in retail outlets in Pinellas County; and
WHEREAS, national studies have found that the vast majority of people using
these flavored tobacco products are youth and young adults; and
WHEREAS, research by the Students Working Against Tobacco youth and the
Tobacco-Free Coalition of Pinellas County found that 100 percent of tobacco retailers
sell flavored products of various kinds, and
Attachment number 1 \nPage 1 of 2
Item # 17
Resolution No. 14-07
WHEREAS, flavored tobacco products are defined as loose tobacco, snuff, flour,
plug and twist tobacco, fine cuts, long cuts, chewing tobaccos, dissolvable tobaccos,
snus, shisha tobaccos, cigarettes, cigarillo, cigars, other smoking and snuffing products
and all other forms of tobacco products, that contain any product or additive, either
artificial or natural, that is designed to be a characterizing flavor of either the tobacco
product or the byproduct it produces.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF CLEAWATER, FLORIDA:
Section 1: That the City Council of the City of Clearwater urge all local retailers
who sell tobacco products to cease the sale and marketing of all candy flavored tobacco
products, which tend to promote and influence underage and/or youthful consumption;
and urges citizens not to purchase or use candy flavored tobacco product in order to
reduce the exposure and use of tobacco products to Clearwater’s youth.
Section 2: That this Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this ___ day of ______, 2014.
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ ________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 17
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Continue Second Reading of Ordinance 8512-14 to February 20, 2014. (LUP2013-10006/REZ2013-10006)
SUMMARY:
Review Approval:
Cover Memo
Item # 18
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Continue Second Reading of Ordinance 8513-14 to February 20, 2014. (LUP2013-10006/REZ2013-10006)
SUMMARY:
Review Approval:
Cover Memo
Item # 19
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Continue Second Reading of Ordinance 8514-14 to February 20, 2014. (LUP2013-08005/REZ2013-08004)
SUMMARY:
Review Approval:
Cover Memo
Item # 20
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Continue Second Reading of Ordinance 8515-14 to February 20, 2014. (LUP2013-08005/REZ2013-08004)
SUMMARY:
Review Approval:
Cover Memo
Item # 21
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Continue Second Reading of Ordinance 8535-14 to February 20, 2014: Approving for MarineMax, Inc. an exemption from certain ad
valorem taxation.
SUMMARY:
Review Approval:
Cover Memo
Item # 22
Ord 8528-14 MarineMax, Inc, - ED AVTE 1
ORDINANCE NO. 8535-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING FOR MARINEMAX, INC. AN EXEMPTION FROM CERTAIN
AD VALOREM TAXATION; PROVIDING FINDINGS OF FACT;
PROVIDING GRANTING OF AD VALOREM TAX EXEMPTION;
PROVIDING FOR APPLICABILITY; PROVIDING FOR A SUNSET
DATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That an Economic Development Ad Valorem tax exemption
shall be approved for MarineMax, Inc. – Tax year 2014 through Tax year
2018 as provided herein:
(a) Findings of Fact
(1) Article VII, Section 3, of the Constitution of the State of Florida and
Section 196.1995, Florida Statutes, provide that the City may grant
Economic Development Ad Valorem Tax Exemptions to New Businesses
and Expansions of Existing Businesses, as defined in Section 196.012
(15)(16), Florida Statutes, by ordinance provided that the electors of the
City, voting on the question in a referendum, authorize the City to adopt
such ordinances. On November 6, 2012, voters of the City of
Clearwater approved the referendum, authorizing the City Council of the
City of Clearwater (the “Council”) to grant Economic Development Ad
Valorem Tax Exemption pursuant to state law.
(2) Chapter 29, Article VII of the Code of Ordinances of the City of
Clearwater (the “Code”) sets forth the process and procedures for
implementing the Economic Development Ad Valorem Tax Exemption
program.
(3) Pursuant to Section 29.204 of the Code, MarineMax, Inc. (“the Company”)
submitted an application to the City requesting an ad valorem tax
exemption for the qualifying tangible personal property specified in its
application commencing with Tax Year 2014 (“the Company Application”).
The Company Application is incorporated herein by reference, and a copy
of said Application shall be retained by the City of Clearwater Economic
Development & Housing Department for at least the duration of the
Exemption Period.
Attachment number 1 \nPage 1 of 5
Item # 22
Ord 8528-14 MarineMax, Inc, - ED AVTE 2
(4) In its application, the Company stated the following:
a. Name of business: MarineMax, Inc; Location: (CURRENT) 18167
US Highway 19 North, Ste 300, Clearwater, Florida 33764 with
proposed expansion at 2600 McCormick Drive, Clearwater, Florida
33759;
b. The Company will create a total of 30 new jobs by September 1,
2017, with an average annual wage of all new jobs that shall
together be no less than $65,000 which is 155% of the Pinellas
County Annual Average Wage as published by Enterprise Florida,
Inc. on January 1, 2013;
c. The Company will invest approximately Two Million Dollars
($2,000,000.00) in the expansion and relocation of its City of
Clearwater Corporate Headquarters Office to the above named
address, including the purchase of new furniture, fixtures,
equipment and computer equipment;
d. MarineMax is the largest boat retailer in the country. No other large
boat retailers are headquartered in the City of Clearwater;
e. As a company headquartered in Clearwater throughout its history,
MarineMax,Inc. is committed to local procurement and local hiring
as applicable;
f. As a company dependent upon our water resources, MarineMax,
Inc. promotes green initiatives, especially those which are water-
related.
g. The Company has been inducted into Boating Industry Top 100
Hall of Fame.
(5) Pursuant to Section 29.205 of the Code, the Property Appraiser completed
its review of the Company Application and submitted to the City its report
dated November 11, 2013. The Property Appraiser report included the
following information:
a. Total revenue available to the City for the current fiscal year from ad
valorem tax sources: $39,922,918;
b. Revenue lost to the City for the current fiscal year by virtue of
exemptions previously granted under this section: $0;
c. Estimate of the revenue which would be lost to the City during the
current fiscal year if the exemption applied for was granted at 50% and
Attachment number 1 \nPage 2 of 5
Item # 22
Ord 8528-14 MarineMax, Inc, - ED AVTE 3
the property for which the exemption is requested would otherwise
have been subject to taxation: $4,665;
d. Estimate of the taxable value lost to the City in Year 1 if the exemption
applied for was granted at 50%: Improvements to Real Property: $0;
Personal Property: $905,000;
e. A determination that the Company meets the definition of “Expansion
of an Existing Business”, as defined in Section 196.012(16), Florida
Statutes.
(6) The MarineMax Application meets all statutory and ordinance
requirements.
(b) Grant of Ad Valorem Tax Exemption.
(1) Pursuant to Section 29.205(c) of the Code, the Council reviewed the
Company Application, applied the City of Clearwater Economic
Development Policy Guidelines, and finds that:
a. The Company currently employs 99 full-time employees at its
current City of Clearwater facility and represents that that it will
create a total of 30 new jobs by September 1, 2017, that together
will pay an average annual wage of no less than $65,000, and;
b. The Company represents that it will invest Two Million Dollars
($2,000,000.00) in the expansion of its City of Clearwater facility,
including the purchase of new furniture, fixtures, equipment and
computer equipment;
c. The Company is an innovative reseller as the largest boat retailer in
the country;
d. The Company represents that to the extent that qualified suppliers
are available in City of Clearwater, it will purchase its materials and
equipment locally;
e. The Company will continue to make a net positive contribution to
the local economy as determined by the impact analysis conducted;
and
As a result of the above findings, the Council concludes that granting an
Economic Development Ad Valorem Tax Exemption to the Company to
encourage expansion of its business will promote economic sustainability
Attachment number 1 \nPage 3 of 5
Item # 22
Ord 8528-14 MarineMax, Inc, - ED AVTE 4
within the City through the creation of jobs and utilization of local
resources.
(2) The Council hereby grants to the Company and establishes on behalf of
the Company an Economic Development Ad Valorem Tax Exemption of
fifty percent (50%) of the assessed value of the net increase in qualifying
tangible personal property as set forth in the Company Application,
acquired by the Company after the adoption of this Ordinance to facilitate
the expansion of its business (the “MarineMax, Inc. Ad Valorem Tax
Exemption”).
(3) The MarineMax Ad Valorem Tax Exemption shall be for a period of five (5)
tax years (the “Exemption Period”), commencing with Tax Year 2014
through Tax Year 2018. The MarineMax Ad Valorem Tax Exemption is
conditioned upon the Company entering into an agreement with the City
stating that it shall remain in compliance with Section 29.207 of the Code
throughout the Exemption Period as well as the Business Maintenance
and Continued Performance provision of the Company Application.
Should the Company fail to comply with Section 29.207 of the Code or the
Business Maintenance and Continued Performance provision of the
Company Application, the Council may revoke the MarineMax Ad Valorem
Tax Exemption and recover any taxes exempted during the Exemption
Period pursuant to Section 29.208 of the Code.
(4) The Company agrees to abide by the terms and conditions set forth in
Article VII of Chapter 29 of the Code, as amended from time to time, as
well as any policies and procedures enacted by the Council from time to
time related to the Economic Development Ad Valorem Tax Exemption
program. Failure to do so may result in revocation of the MarineMax Ad
Valorem Tax Exemption and the City’s recovery of any taxes exempted
during the Exemption Period.
(c) Applicability.
The City ad valorem tax exemption granted herein applies only to ad valorem
taxes levied by City of Clearwater on the qualifying tangible property specified in
the Company Application. The exemption does not apply to taxes levied by a
county, school district, or any special taxing district, or to taxes levied for the
payment of bonds or taxes authorized by a vote of the electors pursuant to
Section 9 and Section 12, Article VII of the State Constitution.
(d) Sunset Date.
The MarineMax Ad Valorem Tax Exemption shall be in effect through Tax Year
2018, at which time this ordinance shall automatically sunset and no longer be in
force and effect.
Attachment number 1 \nPage 4 of 5
Item # 22
Ord 8528-14 MarineMax, Inc, - ED AVTE 5
Section 2. If any provision of this article or the application thereof to any
person or circumstance is held invalid, the invalidity shall not affect other
provisions or applications of the act which can be given effect without the invalid
provision or applications. To this end, the provisions of this article are declared
severable.
Section 3. The provisions of this Ordinance shall become effective
immediately upon adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
Countersigned: CITY OF CLEARWATER, FLORIDA
___________________________ By: __________________________
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
___________________________ ________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Attachment number 1 \nPage 5 of 5
Item # 22
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8527-14 on second reading, annexing certain real property whose post office address is 1944 Macomber Avenue,
together with all abutting right-of-way of Macomber Avenue, into the corporate limits of the city and redefining the boundary lines of
the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 23
Ordinance No. 8527-14
ORDINANCE NO. 8527-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF
MACOMBER AVENUE AND STATE STREET CONSISTING
OF LOT 47, SOUTH BINGHAMPTON PARK SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 1944 MACOMBER
AVENUE, CLEARWATER, FLORIDA 33755, TOGETHER
WITH ALL ABUTTING RIGHT OF WAY OF MACOMBER
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 47, South Binghampton Park, according to the map or plat thereof as recorded
in Plat Book 12, page 81 of the Public Records of Pinellas County, Florida; Together with
all abutting Right of Way of Macomber Avenue.
(ANX2013-11033)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
Attachment number 1 \nPage 1 of 2
Item # 23
Ordinance No. 8527-14
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 23
Exhibit A
Proposed Annexation Map
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
60
60
60
60
60
60
38
60 60
60
60
45
45
60
30
3
0
28098
49986
83
9
7
0
G
4
7
8
9
16
17
18
14
15
16
17
18
19
20
21 24 25 26 27 28 29 30 31 32
33
34
35
36
37
38394041424344
45 46 47 48 49 50 51
13
14
15
16
17
18
19
1 2 3 4
789
10
11
12
13
14
12
1213
1415
1617
1819
2021
2223
2425
2627
2829
3031
3233
3435
3637
3839
4041
4243
4445
4647
48
49
50
51
52
53
54
55
56
8
3
4
5
6
7
8
22
1
1
1
1
1
1
BE
T
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L
N
STATE ST
CH
E
N
A
N
G
O
A
V
E
MA
C
O
M
B
E
R
A
V
E
BERTLAND WAY
1936
1932
12
9
0
1950
1952
12
9
4
12
9
0
12
8
6
12
8
2
12
7
8
12
7
4
1938
1936
1930
1916 1914
1918
1942
1969
13
2
7
1940
19261928
1979
1971
13
2
9
1927
1925
1923
1909
1913
1915
1917
1916
1918
1924
1926
1932
1938
1936
1940
1920
1928
1918
1920
1940
12
8
5
1947
1949
1933
1943
1946
1952
1954
1958
1960
1962
1964
12
8
8
12
8
4
12
8
0
12
7
6
12
7
4
1978
1974
12
8
7
12
7
9
12
7
5
12
7
3
12
7
1
12
6
7
1961
1963
196912
5
5
12
5
1
12
3
9
1261
1981
1987
12
7
3
12
9
5
12
9
5
1903
1935
1921
1917
1915
1919
1927
1931
1933
1937
12
8
7
1944
1919
1921
1923
1925
1927
1929
1937
1941
12
8
9
12
8
1
12
7
7
12
8
3
1245
1249
1251
1257
-N
o
t
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c
a
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u
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-
Attachment number 2 \nPage 1 of 1
Item # 23
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8528-14 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 1944 Macomber Avenue, together with all abutting right-of-
way of Macomber Avenue, upon annexation into the City of Clearwater, as Residential Urban (RU).
SUMMARY:
Review Approval:
Cover Memo
Item # 24
Ordinance No.8528 -14
ORDINANCE NO. 8528-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY,
TO DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTY LOCATED ON THE SOUTHWEST CORNER
OF MACOMBER AVENUE AND STATE STREET
CONSISTING OF LOT 47, SOUTH BINGHAMPTON PARK
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1944
MACOMBER AVENUE, CLEARWATER, FLORIDA 33755,
TOGETHER WITH ALL ABUTTING RIGHT OF WAY OF
MACOMBER AVENUE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 47, South Binghampton Park, according
to the map or plat thereof, as recorded in
Plat Book 12, page 81, of the Public
Records
of Pinellas County, Florida; together with all
abutting Right of Way of Macomber Avenue.
Residential Urban
(ANX2013-11033)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8527-14.
PASSED ON FIRST READING _____________________
Attachment number 1 \nPage 1 of 2
Item # 24
Ordinance No.8528 -14
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 24
Exhibit A
Future Land Use
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
60
60
60
60
60
60
38
60 60
60
60
45
45
60
30
3
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28098
49986
83
9
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0
G
4
7
8
9
16
17
18
14
15
16
17
18
19
20
21 24 25 26 27 28 29 30 31 32
33
34
35
36
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38394041424344
45 46 47 48 49 50 51
13
14
15
16
17
18
19
1 2 3 4
789
10
11
12
13
14
12
1213
1415
1617
1819
2021
2223
2425
2627
2829
3031
3233
3435
3637
3839
4041
4243
4445
4647
48
49
50
51
52
53
54
55
56
8
3
4
5
6
7
8
22
1
1
1
1
1
1
RU
RU
RU
RU
RU
RU
R/OS
RU
RU
P
BE
T
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L
N
STATE ST
CH
E
N
A
N
G
O
A
V
E
MA
C
O
M
B
E
R
A
V
E
BERTLAND WAY
1936
1932
12
9
0
1950
1952
12
9
4
12
9
0
12
8
6
12
8
2
12
7
8
12
7
4
1938
1936
1930
1916
1918
1942
1969
13
2
7
1940
19261928
1979
1971
13
2
9
1925
1923
1909
1913
1915
1917
1916
1918
1924
1926
1932
1938
1936
1940
1920
1918
1940
12
8
5
1949
1933
1943
1946
1952
1954
1958
1960
1962
1964
12
8
8
12
8
4
12
8
0
12
7
6
12
7
4
1978
1974
12
8
7
12
7
9
12
7
5
12
7
3
12
7
1
12
6
7
1961
1963
196912
5
5
12
5
1
12
3
9
1261
12
7
3
1914
12
9
5
12
9
5
1927
1903
1935
1921
1917
1928
1915
1919
1927
1931
1933
1937
12
8
7
1920
1944
1919
1921
1923
1925
1927
1929
1937
1941
12
8
9
12
8
1
12
7
7
1947
12
8
3
1245
1249
1251
1257 1981
1987
-N
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RU
Attachment number 2 \nPage 1 of 1
Item # 24
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8529-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 1944 Macomber Avenue, together with all abutting right-of-way of Macomber Avenue, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:
Cover Memo
Item # 25
Ordinance No. 8529-14
ORDINANCE NO. 8529-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF MACOMBER AVENUE
AND STATE STREET CONSISTING OF LOT 47, SOUTH
BINGHAMPTON PARK SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1944 MACOMBER AVENUE,
CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL
ABUTTING RIGHT OF WAY OF MACOMBER 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:
Property Zoning District
Lot 47, South Binghampton Park, according Low Medium
to the map or plat thereof, as recorded in Density
Plat Book 12, page 81, of the Public Records Residential (LMDR)
of Pinellas County, Florida; together with all
abutting Right of Way of Macomber Avenue.
(ANX2013-11033)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8527-14.
PASSED ON FIRST READING ___________________________
Attachment number 1 \nPage 1 of 2
Item # 25
Ordinance No. 8529-14
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 25
Exhibit A
Zoning Map
Owner: Mitchell, Gail Case: ANX2013-11033
Site: 1944 Macomber Avenue
Property
Size (Acres):
R.O.W. Size
0.136 acres
0.091 acres
Land Use Zoning PIN: 03-29-15-83970-000-0470
From :
To:
RU R-4
RU LMDR Atlas Page: 251B
60
60
60
60
60
60
38
60 60
60
60
45
45
60
30
3
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28098
49986
83
9
7
0
G
4
7
8
9
16
17
18
14
15
16
17
18
19
20
21 24 25 26 27 28 29 30 31 32
33
34
35
36
37
38394041424344
45 46 47 48 49 50 51
13
14
15
16
17
18
19
1 2 3 4
789
10
11
12
13
14
12
1213
1415
1617
1819
2021
2223
2425
2627
2829
3031
3233
3435
3637
3839
4041
4243
4445
4647
48
49
50
51
52
53
54
55
56
8
3
4
5
6
7
8
22
1
1
1
1
1
1
BE
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L
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STATE ST
CH
E
N
A
N
G
O
A
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E
MA
C
O
M
B
E
R
A
V
E
BERTLAND WAY
LMDR
OS/R
LMDR
1936
1932
12
9
0
1950
1952
12
9
4
12
9
0
12
8
6
12
8
2
1938
1936
1930
1916 1914
1918
1942
1969
13
2
7
1940
19261928
1979
1971
13
2
9
1927
1925
1923
1909
1913
1915
1917
1916
1918
1924
1926
1932
1938
1936
1940
1920
1928
1918
1920
1940
12
8
5
1947
1949
1933
1943
1946
1952
1954
1958
1960
1962
1964
12
8
8
12
8
4
12
8
0
12
7
6
12
7
4
1978
1974
12
8
7
12
7
9
12
7
5
12
7
3
12
7
1
12
6
7
1961
1963
196912
5
5
12
5
1
12
3
9
1261
1981
1987
LMDR
MDR
MDR
12
7
8
12
7
4
12
7
3
12
9
5
12
9
5
1903
1935
1921
1917
1915
1919
1927
1931
1933
1937
12
8
7
1944
1919
1921
1923
1925
1927
1929
1937
1941
12
8
9
12
8
1
12
7
7
12
8
3
1245
1249
1251
1257
-N
o
t
t
o
S
c
a
l
e
-
-N
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LMDR
Attachment number 2 \nPage 1 of 1
Item # 25
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8530-14 on second reading, annexing certain real property whose post office addresses are 1819 Carlton Drive,
2743/2745 South Drive, 2751/2753 South Drive, 2718 Woodring Drive, 2715 Woodring Drive, 1801 Skyland Drive, 1881 Diane Drive,
2719 Morningside Drive, 2725 Morningside Drive, 1761 Owen Drive, 1753 Lucas Drive and 1750 Evans Drive, together with certain
abutting rights-of-way of Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans Drive, into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 26
Ordinance No. 8530-14
ORDINANCE NO. 8530-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED GENERALLY EAST OF US 19 AND WEST OF
EL TRINIDAD DRIVE, NORTH OF STATE ROAD 590 AND
SOUTH OF SUNSET POINT ROAD (STATE ROAD 576),
CONSISTING OF PORTIONS OF SECTION 5, TOWNSHIP
29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE
ADDRESSES ARE 1819 CARLTON DRIVE, 2743/2745
SOUTH DRIVE, 2751/2753 SOUTH DRIVE, 2718
WOODRING DRIVE, 2715 WOODRING DRIVE, 1801
SKYLAND DRIVE, 1881 DIANE DRIVE, 2719
MORNINGSIDE DRIVE, 2725 MORNINGSIDE DRIVE, 1761
OWEN DRIVE, 1753 LUCAS DRIVE AND 1750 EVANS
DRIVE, ALL IN CLEARWATER, FLORIDA 33759,
TOGETHER WITH CERTAIN ABUTTING RIGHTS OF WAY
OF: MORNINGSIDE DRIVE, WOODRING DRIVE, DIANE
DRIVE, SOUTH DRIVE AND EVANS 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 owners of the real property described herein and depicted on the
map attached hereto as Exhibit B have 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 descriptions, Exhibit A.
(ATA2013-11002)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Attachment number 1 \nPage 1 of 2
Item # 26
Ordinance No. 8530-14
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
________________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
___________________________ _____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 26
Exhibit A
LEGAL DESCRIPTIONS
ATA2013-11002 (Diane Area ATAs, Phase F)
=========================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-13536-003-0050 Block C, Lot 5 1819 Carlton Drive
The above in CARLTON TERRACE subdivision, as recorded in PLAT BOOK 41 on PAGE 16, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 05-29-16-13554-006-0090 Block F, Lot 9 2743/2745 South Drive
3. 05-29-16-13554-006-0160 Block F, Lot 16 2718 Woodring Drive
4. 05-29-16-13554-007-0160 Block G, Lot 16 2715 Woodring Drive
5. 05-29-16-13554-009-0090 Block I, Lot 9 1801 Skyland Drive
6. 05-29-16-13554-011-0010 Block K, Lot 1 2751/2753 South Drive
7. 05-29-16-13554-011-0020 Block K, Lot 2 1881 Diane Drive
8. 05-29-16-13554-012-0020 Block L, Lot 2 2719 Morningside Drive
9. 05-29-16-13554-012-0030 Block L, Lot 3 2725 Morningside Drive
together with:
- all Right of Way of MORNINGSIDE DRIVE abutting Lot 10, Block I thru Lot 2, Block L;
- all Right of Way of WOODRING DRIVE abutting Lot 16, Block F thru Lot 16, Block G;
- all Right of Way of DIANE DRIVE abutting Lot 1 thru Lot 2, Block K;
- all Right of Way of SOUTH DRIVE abutting Lot 9, Block F thru Lot 1, Block K.
All the above in CARLTON TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 43 on PAGE 39,
of the Public Records of Pinellas County, Florida;
together with:
- all Right of Way of SOUTH DRIVE extending northeasterly from this subdivision to the intersection of Sunset
Point Road (County Road 576).
=========================================================================================
No. Parcel ID Legal Description Address
10. 05-29-16-71424-000-0120 Lot 12 1761 Owen Drive
The above in PINELLAS TERRACE subdivision, as recorded in PLAT BOOK 49 on PAGE 52, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
11. 05-29-16-94374-005-0180 Block 5, Lot 18 1753 Lucas Drive
All the above in VIRGINIA GROVE TERRACE THIRD ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 74, of the Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
12. 05-29-16-94392-007-0130 Block 7, Lot 13 1750 Evans Drive
together with:
- all Right of Way of EVANS DRIVE abutting Lot 13, Block 7.
All the above in VIRGINIA GROVE TERRACE FOURTH ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 75, of the Public Records of Pinellas County, Florida.
Attachment number 2 \nPage 1 of 1
Item # 26
Exhibit B
PROPOSED ANNEXATION MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASE F: Multiple lots south of South Drive,
east of US 19, north of SR 590, and west of El Trinidad
Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see
Exhibit A From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P (City) LMDR, MDR, P(City) Atlas Page: 264A
US
1
9
SOUTH DR
SUNSET POINT RD
MORNINGSIDE DR
WOODRING DR
DI
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Attachment number 3 \nPage 1 of 1
Item # 26
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8531-14 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 addresses are 1819 Carlton Drive, 2743/2745 South Drive, 2751/2753
South Drive, 2718 Woodring Drive, 2715 Woodring Drive, 1801 Skyland Drive, 1881 Diane Drive, 2719 Morningside Drive, 2725
Morningside Drive, 1761 Owen Drive, 1753 Lucas Drive and 1750 Evans Drive, together with certain abutting rights-of-way of
Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans Drive, upon annexation into the City of Clearwater, as
Residential Low (RL), Residential Medium (RM), Preservation (P), and Drainage Feature Overlay.
SUMMARY:
Review Approval:
Cover Memo
Item # 27
Ordinance No.8531 -14
ORDINANCE NO. 8531-14
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 GENERALLY EAST OF US 19
AND WEST OF EL TRINIDAD DRIVE, NORTH OF STATE
ROAD 590 AND SOUTH OF SUNSET POINT ROAD
(STATE ROAD 576), CONSISTING OF PORTIONS OF
SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
WHOSE POST OFFICE ADDRESSES ARE 1819
CARLTON DRIVE, 2743/2745 SOUTH DRIVE, 2751/2753
SOUTH DRIVE, 2718 WOODRING DRIVE, 2715
WOODRING DRIVE, 1801 SKYLAND DRIVE, 1881 DIANE
DRIVE, 2719 MORNINGSIDE DRIVE, 2725 MORNINGSIDE
DRIVE, 1761 OWEN DRIVE, 1753 LUCAS DRIVE AND
1750 EVANS DRIVE, ALL IN CLEARWATER, FLORIDA
33759, TOGETHER WITH CERTAIN ABUTTING RIGHTS
OF WAY OF: MORNINGSIDE DRIVE, WOODRING DRIVE,
DIANE DRIVE, SOUTH DRIVE AND EVANS DRIVE, AS
RESIDENTIAL LOW (RL), RESIDENTIAL MEDIUM (RM),
PRESERVATION (P), AND DRAINAGE FEATURE
OVERLAY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See attached Legal Descriptions Exhibit A Residential Low
(RL), Residential
Medium (RM),
Preservation (P),
and Drainage
Feature Overlay
(ATA2013-11002)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s comprehensive plan.
Attachment number 1 \nPage 1 of 2
Item # 27
Ordinance No.8531 -14
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8530-14.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 27
Exhibit A
LEGAL DESCRIPTIONS
ATA2013-11002 (Diane Area ATAs, Phase F)
=========================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-13536-003-0050 Block C, Lot 5 1819 Carlton Drive
The above in CARLTON TERRACE subdivision, as recorded in PLAT BOOK 41 on PAGE 16, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 05-29-16-13554-006-0090 Block F, Lot 9 2743/2745 South Drive
3. 05-29-16-13554-006-0160 Block F, Lot 16 2718 Woodring Drive
4. 05-29-16-13554-007-0160 Block G, Lot 16 2715 Woodring Drive
5. 05-29-16-13554-009-0090 Block I, Lot 9 1801 Skyland Drive
6. 05-29-16-13554-011-0010 Block K, Lot 1 2751/2753 South Drive
7. 05-29-16-13554-011-0020 Block K, Lot 2 1881 Diane Drive
8. 05-29-16-13554-012-0020 Block L, Lot 2 2719 Morningside Drive
9. 05-29-16-13554-012-0030 Block L, Lot 3 2725 Morningside Drive
together with:
- all Right of Way of MORNINGSIDE DRIVE abutting Lot 10, Block I thru Lot 2, Block L;
- all Right of Way of WOODRING DRIVE abutting Lot 16, Block F thru Lot 16, Block G;
- all Right of Way of DIANE DRIVE abutting Lot 1 thru Lot 2, Block K;
- all Right of Way of SOUTH DRIVE abutting Lot 9, Block F thru Lot 1, Block K.
All the above in CARLTON TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 43 on PAGE 39,
of the Public Records of Pinellas County, Florida;
together with:
- all Right of Way of SOUTH DRIVE extending northeasterly from this subdivision to the intersection of Sunset
Point Road (County Road 576).
=========================================================================================
No. Parcel ID Legal Description Address
10. 05-29-16-71424-000-0120 Lot 12 1761 Owen Drive
The above in PINELLAS TERRACE subdivision, as recorded in PLAT BOOK 49 on PAGE 52, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
11. 05-29-16-94374-005-0180 Block 5, Lot 18 1753 Lucas Drive
All the above in VIRGINIA GROVE TERRACE THIRD ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 74, of the Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
12. 05-29-16-94392-007-0130 Block 7, Lot 13 1750 Evans Drive
together with:
- all Right of Way of EVANS DRIVE abutting Lot 13, Block 7.
All the above in VIRGINIA GROVE TERRACE FOURTH ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 75, of the Public Records of Pinellas County, Florida.
Attachment number 2 \nPage 1 of 1
Item # 27
Exhibit B
FUTURE LAND USE MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASE F: Multiple lots south of South Drive,
east of US 19, north of SR 590, and west of El Trinidad
Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see next
page From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P (City) LMDR, MDR, P(City) Atlas Page: 264A
US
1
9
SOUTH DR
SUNSET POINT RD
MORNINGSIDE DR
WOODRING DR
DI
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D
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TERRACE DR
EV
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CL
RL
RL
RL
RL RL
RL
RL
RL
RL
RL
RL
RL
RL
RL
CG
RL
RU
R/O/R
RL
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I
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CL
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R/O/R
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RL
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P
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P
R/OL
P
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R/O/R
R/O/R
R/OL
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R/OG
RLM
CG R/OG
CL
RU
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RL
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RM
RL
P
P P
Attachment number 3 \nPage 1 of 1
Item # 27
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8532-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
addresses are 1819 Carlton Drive, 2743/2745 South Drive, 2751/2753 South Drive, 2718 Woodring Drive, 2715 Woodring Drive, 1801
Skyland Drive, 1881 Diane Drive, 2719 Morningside Drive, 2725 Morningside Drive, 1761 Owen Drive, 1753 Lucas Drive and 1750
Evans Drive, together with certain abutting rights-of-way of Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans
Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) Medium Density Residential (MDR),
and Preservation (P).
SUMMARY:
Review Approval:
Cover Memo
Item # 28
Ordinance No. 8532-14
ORDINANCE NO. 8532-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
GENERALLY EAST OF US 19 AND WEST OF EL
TRINIDAD DRIVE, NORTH OF STATE ROAD 590 AND
SOUTH OF SUNSET POINT ROAD (STATE ROAD 576),
CONSISTING OF PORTIONS OF SECTION 5, TOWNSHIP
29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE
ADDRESSES ARE 1819 CARLTON DRIVE, 2743/2745
SOUTH DRIVE, 2751/2753 SOUTH DRIVE, 2718
WOODRING DRIVE, 2715 WOODRING DRIVE, 1801
SKYLAND DRIVE, 1881 DIANE DRIVE, 2719
MORNINGSIDE DRIVE, 2725 MORNINGSIDE DRIVE, 1761
OWEN DRIVE, 1753 LUCAS DRIVE AND 1750 EVANS
DRIVE, ALL IN CLEARWATER, FLORIDA 33759,
TOGETHER WITH CERTAIN ABUTTING RIGHTS OF WAY
OF: MORNINGSIDE DRIVE, WOODRING DRIVE, DIANE
DRIVE, SOUTH DRIVE AND EVANS DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR), MEDIUM
DENSITY RESIDENTIAL (MDR), AND PRESERVATION (P);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
See attached legal descriptions Exhibit A Low Medium
Density Residential
(LMDR) and Medium
Density Residential
(MDR), and
Preservation (P)
(ATA2013-11002)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Attachment number 1 \nPage 1 of 2
Item # 28
Ordinance No. 8532-14
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8530-14.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Attachment number 1 \nPage 2 of 2
Item # 28
Exhibit A
LEGAL DESCRIPTIONS
ATA2013-11002 (Diane Area ATAs, Phase F)
=========================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-13536-003-0050 Block C, Lot 5 1819 Carlton Drive
The above in CARLTON TERRACE subdivision, as recorded in PLAT BOOK 41 on PAGE 16, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 05-29-16-13554-006-0090 Block F, Lot 9 2743/2745 South Drive
3. 05-29-16-13554-006-0160 Block F, Lot 16 2718 Woodring Drive
4. 05-29-16-13554-007-0160 Block G, Lot 16 2715 Woodring Drive
5. 05-29-16-13554-009-0090 Block I, Lot 9 1801 Skyland Drive
6. 05-29-16-13554-011-0010 Block K, Lot 1 2751/2753 South Drive
7. 05-29-16-13554-011-0020 Block K, Lot 2 1881 Diane Drive
8. 05-29-16-13554-012-0020 Block L, Lot 2 2719 Morningside Drive
9. 05-29-16-13554-012-0030 Block L, Lot 3 2725 Morningside Drive
together with:
- all Right of Way of MORNINGSIDE DRIVE abutting Lot 10, Block I thru Lot 2, Block L;
- all Right of Way of WOODRING DRIVE abutting Lot 16, Block F thru Lot 16, Block G;
- all Right of Way of DIANE DRIVE abutting Lot 1 thru Lot 2, Block K;
- all Right of Way of SOUTH DRIVE abutting Lot 9, Block F thru Lot 1, Block K.
All the above in CARLTON TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 43 on PAGE 39,
of the Public Records of Pinellas County, Florida;
together with:
- all Right of Way of SOUTH DRIVE extending northeasterly from this subdivision to the intersection of Sunset
Point Road (County Road 576).
=========================================================================================
No. Parcel ID Legal Description Address
10. 05-29-16-71424-000-0120 Lot 12 1761 Owen Drive
The above in PINELLAS TERRACE subdivision, as recorded in PLAT BOOK 49 on PAGE 52, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
11. 05-29-16-94374-005-0180 Block 5, Lot 18 1753 Lucas Drive
All the above in VIRGINIA GROVE TERRACE THIRD ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 74, of the Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
12. 05-29-16-94392-007-0130 Block 7, Lot 13 1750 Evans Drive
together with:
- all Right of Way of EVANS DRIVE abutting Lot 13, Block 7.
All the above in VIRGINIA GROVE TERRACE FOURTH ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 75, of the Public Records of Pinellas County, Florida.
Attachment number 2 \nPage 1 of 1
Item # 28
Exhibit B
ZONING MAP
Owner MULTIPLE OWNERS Case: ATA2013-11002
Site:
DIANE AREA PHASE F: Multiple lots south of South Drive,
east of US 19, north of SR 590, and west of El Trinidad
Drive
Property Size (Acres):
Rights-of-way (Acres):
2.35 Acres
2.46 Acres
Land Use Zoning
PIN: Parcels—see
Exhibit A From:
To:
RL, RM, P (County) R-3, R-4 (County)
RL, RM, P (City) LMDR, MDR, P(City) Atlas Page: 264A
LMDR
C
C
LMDR
C
O
OP
I
LMDR
MDR
LMDR
LMDR
LMDR
LMDR
LMDR
LMDR
P
P
P
LMDRMDR
LMDR
LMDR
LMDR & P*LMDR
LMDR
LMDR & P*
US
1
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SOUTH DR
SUNSET POINT RD
MORNINGSIDE DR
WOODRING DR
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* - Note:
Parcels at Addresses:
- 1761 Owen Dr.,
- 1750 Evans Dr.,
- 2719 Morningside Dr. &
- 2725 Morningside Dr.
will have Zoning:
- LMDR (Low Medium Density Residential)
and also Zoning:
- P (Preservation) at the rear of the
properties to match Land Use Designations
Attachment number 3 \nPage 1 of 1
Item # 28
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Pinellas County Water Supply Upgrade
SUMMARY:
Review Approval:
Cover Memo
Item # 29
Immediate Release
Jan. 15, 2014
Media Contact
Kevin Becotte, Plant Operations Section Manager
(727) 464-5377
Planned upgrades to water supply system in Pinellas County
Residents are requested to practice water conservation
Pinellas County Department of Environment and Infrastructure in collaboration with Tampa Bay
Water has scheduled construction to upgrade part of the public water supply system, which will
require a shutdown of the main pipeline providing water to Pinellas County.
The construction is expected to take 10 days to complete and is tentatively scheduled to begin in
early February. During this construction period, Tampa Bay Water along with the City of St.
Petersburg will provide Pinellas County with sufficient water supply to meet the average daily
water demands. To plan for this event, citizens should refrain from scheduling excessive water
use activities during the month of February such as pressure washing, installing new
sod/landscaping, and filling pools.
Citizens are also reminded that Pinellas County is under a Phase II Water Shortage Order
limiting lawn irrigation to one day per week on an assigned day based on house address. For
more information on other water restrictions and to find out your assigned watering day, visit
www.pinellascounty.org/utilities/water-restrict.htm or contact Customer Service at (727) 464-
4000.
For more information on Pinellas County services and programs, visit www.pinellascounty.org or
create a shortcut to www.pinellascounty.org/mobile on any smartphone. Pinellas County
government is on Facebook, Twitter and YouTube. Pinellas County complies with the Americans
with Disabilities Act.
# # #
Attachment number 1 \nPage 1 of 1
Item # 29
Work Session
Council Chambers - City Hall
Meeting Date:2/3/2014
SUBJECT / RECOMMENDATION:
Outback Bowl Presentation - Kevin Smith, Director, St.Petersburg/Clearwater Sports Commission; and Chuck Riggs, Chairman,
Outback Bowl Beach Day Committee
SUMMARY:
Review Approval:
Cover Memo
Item # 30