The URL can be used to link to this page

02/06/2014 City Council Agenda Location: Council Chambers - City Hall Date: 2/6/2014- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1Outback Bowl Presentation - Kevin Smith, Director, St.Petersburg/Clearwater Sports Commission; and Chuck Riggs, Chairman, Outback Bowl Beach Day Committee Attachments 5. Approval of Minutes 5.1Approve the minutes of the January 16, 2014 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1Provide 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 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 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 8.2 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) Attachments 9. Second Readings - Public Hearing 9.1Continue Second Reading of Ordinance 8512-14 to February 20, 2014. (LUP2013-10006/REZ2013- 10006) Attachments 9.2Continue Second Reading of Ordinance 8513-14 to February 20, 2014. (LUP2013-10006/REZ2013- 10006) Attachments 9.3Continue Second Reading of Ordinance 8514-14 to February 20, 2014. (LUP2013-08005/REZ2013- 08004) Attachments 9.4Continue Second Reading of Ordinance 8515-14 to February 20, 2014. (LUP2013-08005/REZ2013- 08004) Attachments 9.5Continue Second Reading of Ordinance 8535-14 to February 20, 2014: Approving for MarineMax, Inc. an exemption from certain ad valorem taxation. Attachments 9.6Adopt 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 9.7Adopt 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 9.8Adopt 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 9.9Adopt 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 9.10Adopt 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 9.11Adopt 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 City Manager Reports 10. Consent Agenda 10.1Continue 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 10.2Approve settlement of the liability claim of Mr. Jameel Zabadi for payment of $57,500 and authorize the appropriate officials to execute same. (consent) Attachments 10.3Approve 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 10.4Approve 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 10.5Declare 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 10.6Approve 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 10.7Approve 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 10.8Approve 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 10.9Approve 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 10.10Accept 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 10.11Award 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 11. Other Items on City Manager Reports 11.1Encourage 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 Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1City Manager Verbal Reports Attachments 13. Closing Comments by Mayor 14. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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 # 1 OUTBAC K r U% I._.. TAMPA SAY JANUARY 1, 2014 - ESPN TV 1G rAf, Pk z) 2014 OUTBACK BOWL HIGHLIGHTS Six -Year Contract Extensions with Outback Steakhouse, the Big Ten Conference, the Southeastern Conference and ESPN /ABC TV. The LSU Tigers and the Iowa Hawkeyes played an exciting game that for the fifth consecutive year was not decided until the final 2 minutes. The Game Posted a 3.7 coverage rating and a 3.2 U.S. television rating which was higher than 23 other bowl games. Top sports broadcast team of Jon Gruden and Mike Tirico announced the game for fourth consecutive year International Telecast via ESPN TV networks to 144 foreign countries. Estimated $90 - $100 million national media exposure for the Outback Bowl and the Tampa Bay Community. Estimated Economic Impact of this year's game was $30+ million (excluding exposure) for Tampa Bay Economy. Cumulative impact of $ lbillion over history of bowl More than 30,000 out -of- market visitors traveled to the Tampa Bay market. Record payout of $7.4 million. Seventh highest bowl payout of 35 bowl games. The Outback Bowl has now contributed $116 million to universities over history of game. 497 Media Credentialed from 107 outlets Outback Bowl Game Broadcast on 458 Radio Affiliates Nationwide Record social media exposure for the Outback Bowl generating over 14 million impressions The Bowls half -hour TV special aired nationally three times on ESPN TV networks promoting the area amenities such as Clearwater Beach and St Pete /Clearwater Craft Beer Trail. B O W IL- TAMPA BAY Benefiting Clearwater & Pinellas County The 2014 Outback Bowl once again benefited the region and Pinellas County through a variety of ways: Generated thousands of room nights throughout Pinellas County. No other annual event generates more hotel room - nights throughout the Tampa Bay Area market. Produced a major Bowl Week event, Clearwater Beach Day, which drew thousands of fans and coverage by dozens of media outlets throughout the region and outside the market. Generated vast exposure for Clearwater /St Pete through commercial spots and bumper shot in the international telecast of the Outback Bowl, visiting media, bowl marketing efforts and social media. National TV Viewership of the Outback Bowl was 3 to 10 times that of other annual sporting events in the region. Featured segments on Pinellas beaches and the Pinellas County Craft Beer Trail, in addition to commercial spots, which appeared in an Outback Bowl produced half -hour TV special aired nationally multiple times on ESPN networks. Value of Pinellas media exposure alone, excluding coverage by visiting media outlets, equates to well over $1 million. 1. Two (2) segments of the Outback Bowl Preview TV Special shot on location in Pinellas County at sites determined by the Visitors Bureau. An additional segment also promoted the Clearwater Beach Day event. The show included features on Clearwater Beach being named Best Beach Town in Florida ", and the Pinellas County Craft Beer Trail. The show aired nationally three times. Estimated media value $255,000 tUA1.0YatR Pt it l;.wv.•..0 *t, w 2. Outback Bowl officials worked with ESPN TV network to encourage "bumper" spots and mentions of Pinellas County during the international broadcast of bowl game (aired in 144 countries). This resulted in numerous mentions and a bumper shot with an ad equivalency value of at least $250,000. 3. The Visit St Pete / Clearwater Logo appeared on the stadium wall banner wrap in view of tens -of- thousands of fans at the game and ESPN TV cameras. The logo was seen numerous times during the games international telecast as well as multiple re- airings of game on ESPN networks, Big Ten or SEC networks, live streaming online telecast of game, and picked up on national networks or TV affiliates across the country showing game highlights. 2013 -14 TV Ratings Comparison of Major Annual Events in the Region Bowl Outback Bowl Tampa Bay Championship ** Beef O'Brady's Bowl St Pete Honda Grand Prix ** East/West Shrine Game U.S. Ratings 2013 Event Two day average Network ESPN NBC ESPN NBC Sports Net NFL net Rating Avg. Viewers 3.2 5,435,252 1.4# 2,008,766 0.9 1,272,169 0.38 388,421 0.3 559,000 SNOW y US uA CUSIRATION 4. Visit St. Petersburg - Clearwater received multiple banners on the Outback Bowl Web Site which produced more than 700,000 page views. r..,•..na,'.p.,e,:nM +c t t Atta>te. Cirrer beet J D. P.d Trnx Weds OUTBACK WI CJ w OUT {JICYt NO RULES IV IN A 525 OUT$ACK 41117 CAD T CELEBRATE. 1y fy1 ST .PETERSBURG CLEARWATER MMch Yalu will 310 Iht Mill cry ewe Fans F to Clearwater Beach Day for Fun & Sun ligArt aSEC.533 PIt 10,13 ertd :.1:7 I7173 NtWttge t1LL irlC tsg s: i 30Yt'wdleP bH0'.!! i3Yr Ueder, C , Rttate1 "Pr 13Y testutel 1110 must 3 440 Itrrg CZOtt4t Ogneet iet:EY ca,c4s bareY. L :.n/erifladM 254 C7 wat T-+". Ct.tr J W@ 0,24150 Latest ost5b3,1, 91e44 441 nitrst> an iar•taI. ?a 3' ! •1 44 al 144,,, ,,;. 44,ntt. ;tr)Punt 1,40:. u. 7n salt tramp t iscitelipastei 40 ill 31 A! pM ut , 7@® -t 3S 3004 OM :sr be P44:ha- t3 watt s writjpalargoattragyy BIG TEN CONFERENCE IWtta I4 tstet ;8 41 tw We also featured Pinellas County attractions and hotel partners in multiple pages on the site, along with a dedicated page for Clearwater. Soo `w.Nsas _ 0. sew seas* .a c..,tra.wNl..art.t AwNil tfa NE "Ks YMU& 71.1101 .L.hp erww Si. PITERSaUlt Welcome to Clearwater & St Petersburg awaw.... 4.0 ..lab .....a. R .W wn awlu.. wr v:w * t*4 *t S*#t sm, Aro.. K. a tike.. ... Mr tJ fl1 *I N.MN sdY.s7 SAO AO* tot Nt..w.c. Orr*. E care *A. JRg-- wn s:y.:dw ea,W +s sw Nw .m> Ni M b. tat• t* 14 Pot *BO i, R+a#..* tin^w ek# 4444 s b.. A. v :.tea. ay.a ay M. MW14s:MN. M }ap} 4.• a ll.awA plead stemma woos.* b t .M D•ea'Y rva (V9.. star w}M sMlRlp Its t w w!Y M. X..• as as. mos. :::ilerrfw i..r ltSi wssaspw loos lYl t Mow ''SA. 1.w' CaSsysioa Oa SOWS liY iiA. a...} 10••• Se s & Ow td ral root # fireslo. %..P Ft teas rl.t 1.Me. Rn. w*... 4_& M#. .Napa.'.. Seas...M 4444 4414 4 (444,4 ,i..s. 00ontf1Y WO y.. saR,s ! wt. waSsa oaf - vw.s ow wawwn art *sawn. pl.* * Oto.ro la 11.1.11. awry a... Fora it *a as WS, Mil .1.v.4 Mr Ire... ri.Y.y Wit 444,44E, l'• assiOlosa Vaitar W. 1p. >y N• .tW ap r -' rme w Nr. a.f • i.s N4 Arrt 5. The Clearwater Chamber received a full -page color advertisement in the Outback Bowls Official Souvenir Game Program along with a feature on the area. Clearwater lttr K €. pl+ 1l. t'1 f4i.h 41114t _Pete S T. P E T E R S B U R G visdos and kxals can socutue. dine. P pyores of sNndr C L E A R W A T E R and surf Unspoiled a rwtufW parks are refuges to birds. n and humans aaike the Girt of for +,heir eticapw *iv rise to uftnr wdtthettf+! w+ rte. APOrtrarnately ?.&O(i manatees Inhatut ape been corms- springs, a canaas. o °? avuatr(. plants. Everyone's iaortte, tt xtates USATOWY Atlantic bottlenose tkttuhln, calf be seen cavorting were beauty aria ppf lorsda• and in A11. r ,r Cat? ern $uuuntl m srrr ate, areas of the courtly as 'barterer O r u e s more to Cream and St Petersburg then beachks the Gull of nature Along awe water rer ttdat in, the area offers a wide rar+ety Dplr each it al special events a unique mstory anti cutlurr, erne accommodations to r. and more tire's style and rx:agr' breezes, breath Ever/mice rixnerous Cultural exfunits dunng tour Stay truss vises to a yon more affordat%e, of museums in 5t Petersburg tCludlng Me amazing Selsirdor Deh Ms Tout the beautiful oownlvrvn St Petersburg walrlhottt on a Se oozy V4* heart of Clear sponge dock. n1 tarpon Swing. ©r visit the Iiweonnrrrrtlli EduaIJOrlii grsarrs street Mt* Clearwater Marine Aquarium, hone to *Winter" the Meter *saluted Clearwater the feature films 'Dolphin s Tale' and 'Dolphin tale Z,' to tree how they leas and ref rabilltatr manse a+kMe ton can also gat at behind Yee beachs+de promenade weal lush iandscaom6, of haw the of p,nas rnovle was made t7y vrsltfng'*Ir vrr Dolphin bIS views to C1, rrwat rs award- wtrtnlrtg beach and ture" rn dorwttown Clearwater Dlcyorra, roflerbraoers and pedestrians all The area is also home to the Dolphins edit, ft10 / /tmyert tarn /cvr es am 65 sex toot tall artistica/1y decorated dolphins statues are on puoupdtotrt the area Vt1'4015 can atw fere *MeV runners, take I»p1 cruises of oternent of parasadrng And what would Florida be rlrulout fishing? Angers can be seen on fridge. ttrer and eabstway reeknf m a sanety al catches 1mn+ firer of Fsh that worm in out waters Visitors can also take charter sea fishing euurvons, Cate It all oe with a Curet din:ner at a tv'AO si woes of fare Gott at Menoo. W$ tel In Clearrrater and St Petersburg - fn herpes. Mid sand between your tors. 'V cFtivr "rem For more information on Cleanwatre And St Petersburg go to WItlt visirstpetacfranirSter Cam e Pr ogra`r 39 6. Visit St Petersburg - Clearwater and the Clearwater Chamber each received a full -page color advertisement in the Outback Bowl Official Fan Guide publication distributed directly to 15,000 fans who purchase tickets from the participating schools. The publication also highlighted numerous attractions from Pinellas County. cover of Fan Guide shown) TAMPA BAY More Than $110 Million in Contributions to Education outbackbowicom THINGS TO SEE AND DO Web Links Available On Our Web Stte At WWW.OUTBACCBOWLCOM CLEARWATER & ST PETERSBURG AREA leach Walk A hall -mile long winding beocacde protnmack with artistic. whimsical touches, unique am g areas. It travels along south Clearwater Beach north to Rer 61.1 Ptak_ Clearwater leach Clearwater Beach Named best city beach m the Gull of Mexico as well as Best Beach Town in Flarinda' by USA Today Gish Blvd &SR GO Clearwater Beach 727 tat Tkii Caladesi Island State Pork Ranted as the No. 1 Beach in the US. One of the kw completely natural islands along Florida s Gull Coast Caladesi Island State Peat 7IT 794 -1501 Clearwater Marine Aquarium Marine life rescue and eovironmeotal education center. Home to Winter` the star of the movies. Dolphin Tale & Do phis Tale 2 249 Windward Passage Clearwater 7171 441 1790 a 2 a Clearwater Community Sailing Center The CCSC bas a fleet of over 411 boats From inryais to sloops available for public rental. 111I Gut Blvd Clearwater 0727, 517 777E Clearwater Dolphins Trail A public art project featuring over B5 uniquely decorated 6 It tall dolphin statues located throughout Tampa Bay Gaogle http:lhinytrl comic- wdolphin for map. Fishing More than 30G varieties of fish swim in the Gull d Mexico and Tampa Boy. The Clearwater Marina is Isom to the largest fishing fleet on the West Caasa of Florida with bash party and charter boats available. Clearwater Beach's Rer 60 others a lull service bait house with gear rental and live bait rarserzr spa: JAIVAIY I - TAMPA, PLOIIS& V W.OYTAA(UQWL OVA 22 THINGS TO SEE AND DO earwater & St. Petersburg Area Continued Fort De Soto Park Voted 01 3eacb in the US. in 233% and Am elicc Fortify Beach by Parent.... Mronzir,r. :r. I: covers 900 acres and features 7 miles beaches. 31,1 "Amelia: Ecrywcrr Tierra Verde nr sin 22C7 Museum of Fine Arts One oi the host in the Southeast, displaying more than 4,CO3 okOects.. 21 Beach Dr. NE, ow1ow Si. Petersburg 727) ENE -2ED Recreation Salvcsdor DaIi Museum Worlds most compreneosive collection c original wcris 'vy Salvador Dull AOC aml Streel S., Dovrolown Si. Pei claurg n7') B23-3767 mrlar V' pap 3 Culture 23 JANUARY 1 - TAMPA, MINIM Wildlife No matter what you re K001111ric to4 In a F Olaritn 4a•C anon 'sou can find it eV survw Clearwater Indulge in our renowned white sanci beaches and s*wrung weather Enfrov world cial.. . ts, recreation . dennej cultural attractions nature, shopping and festivals.. Clearwater has tt from luxurious resorts and spas to charming boutique accommodations, yowl find the perfect fit Right here m Gearwater, deSCOVer ow award *twang beaches and SO mu& more e4,10.01A2ter 4664.......... WIIIIMONALCHAMBER wwwclearwatertior rda org 888_425 3279 THINGS TO SEE AND DO Clearwater & St. Petersburg Area Continued St Pete Beach Voted Trip Advisor's 01 Beach in the U.S. and 05 in the world in Ma 4700 Gulf Bid Si Pete Beach. FL 3370E i727) 44-3379 Sunsets at Pier BO Featuring Sunset Cinema Watching the sunset csi the Gull of Merino is a mares and ohe d the best places to do it is Fier 60 cox Clearwater Bead., a 1,030 ft. baiting pier observation deck and adjacent park where a nightly sunset celebration sakes place featuring artisans, crafters, street perk:inners and live all/SIC 10 Pier 60 Dr Clearwater Beach at9- !DX Sunshine Skyway Bridge Flondas fir= suspeonat brag,: is t l miles long craci scam 183 meet above Tampa Bay Modeled after the Broi000e Bridge over the Seine Myer in France. Tarpon Springs A small vioge oi Greek residents leans:rag spurge docks and authentic Greek resicrarcmts & shops Dodecanese Blvd_ Tarpon Springs 127) 937-6109 75 JANUARY I - TAMPA, FLORIDA ST.PETERSBURG CLEARWATER VisttStPeteClear wa ter cont sex Daiwa bowl tans' ..7aizr. the awes WW1) tbe WILMS r 0111101 10C Cbi-ellAt.iers beta to Clearwater — melee "rani/ s Best Bean try USA =DAY— tar auneasaea run aurtng acti Doky Deneether 80 Everyone WID.3 911 America a Ben Derebea 7. Clearwater Chamber and Visit St Petersburg- Clearwater logos appeared on the video scoreboard in the stadium numerous times during the Outback Bowl game. ST. /l TL0Seu•: 8. The Outback Bowl worked closely with Visit St Pete - Clearwater, the Clearwater Chamber, the teams and other partners to promote Pinellas County on social media platforms. O,.Wt1..dOM.111 aa.. T.6 c.OV_. sow a.w.o.r n vow.. 146 *S IM Mond .w+wt 3. 7014. W V . AMA 1 vide. • 41Nw. It woo Imo 10,027 tmapaatoa at... I. fat, ta ',aka r!a..a. -,-«. err. I ate, .n., i.R•,,:,«.. rw. r. meat. 3a.... ad *.r sr.,,a .. %1.n ss,x.. Able a.a,... tow, 4 hnot —- I a.. w .iaa.tim aa.Jllla'1L'lba4roi.1.+l. xs k 14.e.mne es see c,e „m.44 001 Aral am.c s k ..a.d.w g ..a 5..404.64 Saw Yd AMMO S ta.` tob& q rd lie maw* le lee Wee dime Se* aroma s Amy + «., ar e.al a..o. .,o Mak a Ow 041IM Ond.. w w W now W L.a'VM r.4.ab .aVe Ind maw a4endoN dw a.1- r.Ms m. Mat Mao w Mdv - ^•v, e4 R.V. a w wet, .... Ma !s < 4ea1t4 9='a .d .a 14 wean 44..4,4... Vatt •.t np.: r I. II 1 Pictured below is the Iowa Facebook homepage) 06**** toms ***** ere Ow tu Mimeau t****0 voo. 4000,Aftii". rfordokerr kor Nkktirfk tk 'rkeektork korkekor` ko rt. frklkorir War' tOOkoteltt pasp. *oh No, Y.. 0. Iwo wok, of rr 'or, • sumo. fork, ,rkokr amtur 40.9 Ws. It 100 N 14 fi" grea 0 pilioba pm, .11 A kw* tark6 III4es maser 011M11• *a, Ow MOWN' IMMO 10,1011 wore wits, e .." iiitati.p. tint Iftr V41,1 MIA att.. %SAM 60.11.4 r. oft. Ow Mt.* t (sorbet 4.footS toadiv st *ow .44 9. The Outback Bowl worked with the Clearwater Chamber to do a Social Media promotional giveaway which reached 21,408 people and over 1,500 entries. WO Outoao bowl it •1Ir Cr1rf vInal. a, ;lying aw a, these , NA-Mir stabon 0 T•tr, Wiry winner,' OD( fil7be !AC et sham m1% rov. rz• X. AV rrlyrS0a., Wel cnco,,e a wnnei nor, each 'dr Das.E. s rne OP WOO Naularips* and UPI van' Cialravafer **renal Crumber of Canwerce vein Clearmier Ronda albetballenParatlisa ,Cisanvalor 41, Lite • 40 Shot* 1PI &paw Paw 21,408 1.501 sow roue 44(4 Moo 383 84 321 o4r roes/Iffy?' # 4 4,1‘44t TO 22 534 4., t n084(4 5' Clearwater Beach Day: 1. Clearwater Beach Day was another huge success attracting thousands of fans to see both school's marching bands & cheerleaders along with numerous players from each university. 2. The event was referred to as "Clearwater Beach Day" on publications and other promotion vehicles by the bowl including the Calendar of Events in Bowl Online Newsletters, Visitor/Fan Guide Brochures, Beach Day feature article in December issue of Online Newsletter and on the Outback Bowl web site. 3. The bowl encouraged visiting and local media to attend the event and recommended visiting radio and TV crews do live remotes from Clearwater Beach. 4. A tent was provided for Visit St Pete - Clearwater and the Clearwater Chamber at Beach Day to distribute brochures and/or premium items and information to fans attending the Beach Day activities. 5. Clearwater was promoted on extensive banner signage at the Beach Day event. 040 YT.fETEK ;AUt Ems *LEAKVIAT£K ATE* ST •E tire A CL IAY WA 6. Clearwater was mentioned in Clearwater Beach Day radio promotions on local stations for two weeks in advance of the event valued at $22,800. 7. The Clearwater Chamber decorated two dolphins in the team colors providing a great photo opportunity throughout the week. The dolphins were displayed at the team/band hotels during the week and at Beach Day. They were then transported to the stadium for more fans to get their pictures with them at the Fan Fest on game day. City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 SUBJECT / RECOMMENDATION: Approve the minutes of the January 16, 2014 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 2 Council 2014-01-16 1 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER January 16, 2014 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor George Cretekos Mayor George Cretekos called the meeting to order at 6:00 p.m. at City Hall. It was stated that Councilmember Doreen Hock-DiPolito was away on business and unable to attend. 2. Invocation – Rev. Norma Fontaine-Philbert from Garden of Grace Ministries 3. Pledge of Allegiance – Councilmember Jay Polglaze 4. Presentations – Given. 4.1 Service Awards One service award was presented to a city employee. 4.2 Human Trafficking Awareness Month Proclamation, January 2014 - Police Chief Holloway 4.3 Students Working Against Tobacco - Steven Sergent, Florida Dept of Health A PowerPoint presentation was provided. Council requested that Mr. Sergent provide a sample resolution prohibiting the sale and marketing of flavored tobacco products for the Council’s consideration on February 6, 2014. Draft Attachment number 1 \nPage 1 of 25 Item # 2 Council 2014-01-16 2 6. Citizens to be Heard re Items Not on the Agenda Joseph Corvino expressed concerns with the Clearwater Marine Aquarium delaying the results of the feasibility study and suggested that the study undergo an independent review. Public Hearings - Not before 6:00 PM 5. Approval of Minutes 5.1 Approve the minutes of the December 19, 2013 City Council Meeting as submitted in written summation by the City Clerk. It was suggested that line 20 on page 22 be deleted as the discussion did not specify specific improvements along Gulf to Bay Boulevard. Discussion ensued with consensus to amend the statement to reference improvements from US Highway 19 to McMullen Booth Road. Councilmember Bill Jonson moved to amend page 22, line 20, to read “…Mr. Dunbar said median improvements along Gulf to Bay Boulevard, east of US Highway 19, would be presented during the next grant cycle.” and approve the December 19, 2013 City Council Minutes. The motion was duly seconded and carried unanimously. 7. Administrative Public Hearings 7.1 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Residential Medium (RM), Preservation (P), and Drainage Feature Overlay and initial Zoning Atlas designations of Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Preservation (P) districts for 1881 Diane Drive; 1750 Evans Drive; 2719 and 2725 Morningside Drive; 1761 Owen Drive; 1801 Skyland Drive; 2743/2745 South Drive; 2751/2753 South Drive; 1819 Carlton Drive; 2715 and 2718 Woodring Drive; and 1753 Lucas Drive (all parcels are located in Section 05, Township 29 South, Range 16 East), together with certain abutting rights of way of: Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans Drive; and pass Ordinances 8530-14, 8531-14 and 8532-14 on first reading.(ATA2013-11002) The City of Clearwater Planning and Development Department identified an area within the Clearwater Planning Area with a large concentration of properties with Agreements to Annex (ATAs) that are eligible for annexation. These properties are located east of U.S. Highway 19, north of State Road 590, south of South Drive, and west of El Trinidad Drive. Subdivisions in this area include Virginia Grove Terrace, Carlton Terrace, and Pinellas Terrace. The Department identified Draft Attachment number 1 \nPage 2 of 25 Item # 2 Council 2014-01-16 3 a total of 189 properties in this area that could be annexed through a phased approach over several years, and to date 159 properties have been annexed. This application, which has been identified as Phase F of the overall annexation project, includes 12 of the 189 properties. Current or previous owners of these properties entered into ATAs between 1973 and 2011 to obtain sanitary sewer service. The Planning and Development Department is initiating this project to bring the properties into the City’s jurisdiction in compliance with the terms and conditions set forth in the agreements. The Phase F properties are occupied by 10 detached dwellings and 2 attached dwellings (4 units) on 2.35 acres of land. It is proposed that approximately 2.46 acres of right-of-way throughout this area on Woodring Drive, Morningside Drive, Diane Drive, South Drive, and Evans Drive right-of-way not currently within the city limits also be annexed (please refer to the attached annexation map for the specific locations). It is proposed that 11 properties be assigned a Future Land Use Map designation of Residential Low (RL), and one property at 2743/2745 South Drive be assigned a Future Land Use Map designation of Residential Medium (RM). A major drainage ditch traverses four of these properties (2719 and 2725 Morningside Drive, 1750 Evans Drive, and 1761 Owen Drive) for which the Preservation (P) and Drainage Feature Overlay designations are proposed consistent with the ditch boundaries. It is proposed that 11 parcels be assigned the zoning designation of Low Medium Density Residential (LMDR) District with the exception of the 2743/2745 South Drive property where it is proposed that the parcel be assigned a zoning designation of Medium Density Residential (MDR). In addition, it is proposed that the aforementioned properties with the drainage ditch also be assigned the Preservation (P) zoning category. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: · The properties currently receive sanitary sewer service from the City and water service from Pinellas County. Collection of solid waste will be provided by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the properties with solid waste, police, fire and EMS service. Water service will continue to be provided by Pinellas County. The proposed annexations will not have an adverse effect on public facility levels of service; and · The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Draft Attachment number 1 \nPage 3 of 25 Item # 2 Council 2014-01-16 4 Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2: Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. · The proposed Residential Low (RL), Residential Medium (RM), Preservation (P), and Drainage Feature Overlay Future Land Use Map categories are consistent with the current Countywide Plan designation of the properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre while the Residential Medium (RM) designation primarily permits residential uses at a density of 15 units per acre. The Preservation (P) and Drainage Feature Overlay categories proposed to be applied to four properties recognize the watershed and drainage features on the properties. The proposed zoning districts to be assigned to the properties are the Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Preservation (P) Districts. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts. However, the property located at 2751/2753 South Drive is an existing duplex, and although the use is allowed through a Flexible Development Approval within the Low Medium Density Residential (LMDR) District, the property does not meet the minimum lot width requirement and the lot size does not support the development of two units on the site based on the underlying Residential Low (RL) Future Land Use designation. T he provisions of Community Development Code Article 6 Nonconformity Provisions will apply to this property once annexed into the City. There is a second attached dwelling (two units) located at 2743/2745, which although it is an allowable use through a Flexible Development Approval in the proposed Medium Density Residential (MDR) district, the parcel does not meet the minimum lot width requirement or minimum lot area. The density is supported by the underlying Residential Medium (RM) Future Land Use designation and the lot size is consistent with the neighborhood character. All other properties meet the minimum dimensional requirements of the Low Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and · The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Councilmember Jay Polglaze moved to Approve the annexation, initial Future Land Use Map designations of Residential Low (RL), Residential Medium (RM), Preservation (P), and Drainage Feature Overlay and initial Zoning Atlas designations of Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Preservation (P) Draft Attachment number 1 \nPage 4 of 25 Item # 2 Council 2014-01-16 5 districts for 1881 Diane Drive; 1750 Evans Drive; 2719 and 2725 Morningside Drive; 1761 Owen Drive; 1801 Skyland Drive; 2743/2745 South Drive; 2751/2753 South Drive; 1819 Carlton Drive; 2715 and 2718 Woodring Drive; and 1753 Lucas Drive (all parcels are located in Section 05, Township 29 South, Range 16 East), together with certain abutting rights of way of: Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans Drive. The motion was duly seconded and carried unanimously. Ordinance 8530-14 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8530-14 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8531-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8531-14 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8532-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8532-14 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 7.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1944 Macomber Avenue (Lot 47, South Binghampton Park Subdivision) together with all of the abutting right of way of Macomber Avenue; and pass Ordinances 8527-14, 8528-14 and 8529-14 on first reading. (ANX2013-11033) This voluntary annexation petition involves a 0.136-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the southwest corner of Macomber Avenue and State Street. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City’s Draft Attachment number 1 \nPage 5 of 25 Item # 2 Council 2014-01-16 6 Idlewild/The Mall Septic-to-Sewer Project. The Planning and Development Department is requesting that the abutting right of way of Macomber Avenue also be annexed. The property is contiguous to existing City boundaries to the north. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and Draft Attachment number 1 \nPage 6 of 25 Item # 2 Council 2014-01-16 7 The property proposed for annexation is contiguous to existing City boundaries to the north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1944 Macomber Avenue (Lot 47, South Binghampton Park Subdivision) together with all of the abutting right of way of Macomber Avenue. The motion was duly seconded and carried unanimously. Ordinance 8527-14 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8527-14 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8528-14 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8528-14 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8529-14 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8529-14 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 7.3 Continue Public Hearing and First Reading of Land Use Ordinance 8512-14 to February 6, 2014.(LUP2013-10006/REZ2013-10006) Continue Public Hearing and First Reading of Land Use Ordinance 8512-14 to February 6, 2014: An ordinance of the City of Clearwater, Florida, amending the Draft Attachment number 1 \nPage 7 of 25 Item # 2 Council 2014-01-16 8 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 and 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. (LUP2013-10006/REZ2013-10006) Councilmember Jay Polglaze moved to continue Item 7.3 to February 6, 2014. The motion was duly seconded and carried unanimously. 7.4 Continue Public Hearing and First Reading of Land Use Ordinance 8513-14 to February 6, 2014. (LUP2013-10006/REZ2013-10006) Continue Public Hearing and first reading of Land Use Ordinance 8513-14 to February 6, 2014: 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 and 18860 US Highway 19 N, Clearwater, Florida; from office (O) to commercial (C); providing an effective date. (LUP2013-10006/REZ2013-10006) Vice Mayor Paul Gibson moved to continue Item 7.4 to February 6, 2014. The motion was duly seconded and carried unanimously. 7.5 Continue Public Hearing and First Reading of Land Use Ordinance 8514-14 to February 6, 2014. (LUP2013-08005/REZ2013-08004) Continue Public Hearing and first reading of Land Use Ordinance 8514-14 to February 6, 2014: 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. (LUP2013-08005/REZ2013- 08004) Councilmember Bill Jonson moved to continue Item 7.5 to February 6, 2014. The motion was duly seconded and carried unanimously. 7.6 Continue Public Hearing and First Reading of Land Use Ordinance 8515-14 to Draft Attachment number 1 \nPage 8 of 25 Item # 2 Council 2014-01-16 9 February 6, 2014. (LUP2013-08005/REZ2013-08004) Continue Public Hearing and first reading of Land Use Ordinance 8515-14 to February 6, 2014: 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. (LUP2013-08005/REZ2013- 08004) Councilmember Jay Polglaze moved to continue Item 7.6 to February 6, 2014. The motion was duly seconded and carried unanimously. 9. Consent Agenda – Approved as submitted. 9.1 Continue to February 6, 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) 9.2 Approve the Business Maintenance and Continued Performance Agreement with Skye Lane Properties, LLC and Heritage Property and Casualty Insurance Company, 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 8536-14, and authorize the appropriate officials to execute same. (consent) 9.3 Approve the agreement between the Phillies Florida LLC and the City of Clearwater Fire and Rescue Department to provide emergency medical services at Bright House Field for 2014 baseball events as outlined in the agreement, and authorize the appropriate officials to execute same. (consent) 9.4 Approve a Purchase Order (contract), in the amount of $1,932,652.50 and award bid 04-14 to Florida Gas Contractors, Inc., for the Installation of Gas Mains and Service Lines for the period February 1, 2014 to January 31, 2015 and authorize the appropriate officials to execute same. (consent) 9.5 Approve an increase of $925,082 in the Clearwater Gas System Fiscal Year 2013/2014 Dividend to the City General Fund and allocate $250,000 of this back to the Clearwater Gas System to speed the payoff of the Clearwater Natural Gas Draft Attachment number 1 \nPage 9 of 25 Item # 2 Council 2014-01-16 10 Vehicle Fueling Station. (consent) 9.6 Approve the assignment of the City’s Employee Assistance Program (EAP) services under provider MHNet Specialty Services, LLC to Aetna Behavioral Health, LLC to be effective July 1, 2014 and authorize the appropriate officials to execute same. (consent) 9.7 Approve a blanket purchase order (BPO) to Mid-Pinellas Umpire Assoc. for $200,000 to provide umpiring and scorekeeper services for recreation leagues and tournaments held in Clearwater through December 31, 2014 according to Bid 05-12. (consent) 9.8 Approve a Memorandum of Understanding (MOU) between the City of Clearwater and the Tampa Bay Veterans Alliance (TBVA) for the purpose of formalizing the intent of the parties relating to the responsibilities and obligations regarding the funding, fundraising, design, site selection, construction, installation and maintenance of a proposed Veterans War Memorial at Crest Lake Park for a proposed total project cost of $1.3 million of which the City will be responsible for 50% or $650,000, if TBVA is successful in meeting their requirements of the MOU and authorize the appropriate officials to execute same. (consent) 9.9 Approve Third Amendment to the Capitol Theatre Operating Agreement (CTOA) between the City of Clearwater (City) and Ruth Eckerd Hall, Inc. (REH); and authorize the appropriate officials to execute same. (consent) 9.10 Approve a five-year Agreement between Intelli-Mark Technologies, Inc. (ETIX) and the City of Clearwater (City) to provide ticketing solutions for City Special Events comprising of advanced internet ticket sales, box office sales, telephone sales, bulk ticket printing, support services, and ticket validation components from February 1, 2014 to January 31, 2019, and authorize the appropriate officials to execute same. (consent) 9.11 Approve renewal of the agreement with Religious Community Services, Inc. (RCS) for provision of contractual victim advocacy services in the amount of $15,000, for the period commencing January 1, 2014 through December 31, 2014, and authorize the appropriate officials to execute same. (consent) 9.12 Approve the Combined Operational Assistance and Voluntary Cooperation Agreement with the City of Tampa and the Tampa Police Department for law enforcement services for one year from the date of the execution of the Agreement, with automatic renewal for each year thereafter until canceled by one of the parties, and authorize the appropriate officials to execute same. Draft Attachment number 1 \nPage 10 of 25 Item # 2 Council 2014-01-16 11 (consent) 9.13 Award a contract (Purchase Order) for $425,104.00 to Stingray Chevrolet for sixteen 2014 Chevy Tahoe PPV Police Department vehicles, in accordance with 2.564(1)(d), Code of Ordinances-Other Governmental Bid; authorize lease purchase under the City's Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interests; and authorize the appropriate officials to execute same. (consent) 9.14 Approve Change Order 2 to Kamminga and Roodvoets, Inc. of Tampa, Florida for the Mandalay Avenue Stormwater Outfall project (11-0031-EN) in the amount of $195,720.00, for a new contract total of $1,673,687.85 for completion of additional milling and paving and authorize the appropriate officials to execute same. (consent) 9.15 Reappoint Judith McSwine to the Library Board with term to expire January 31, 2018. (consent) 9.16 Appoint Jerri Menaul to the Public Art and Design Board (Artist category) to fill the remainder of the unexpired term until April 30, 2014. (consent) Vice Mayor Paul Gibson moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.2 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1944 Macomber Avenue (Lot 47, South Binghampton Park Subdivision) together with all of the abutting right of way of Macomber Avenue; and pass Ordinances 8527-14, 8528-14 and 8529-14 on first reading. (ANX2013-11033) This voluntary annexation petition involves a 0.136-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the southwest corner of Macomber Avenue and State Street. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the Cityâ??s Idlewild/The Mall Septic-to-Sewer Project. The Planning and Development Department is requesting that the abutting right of way of Macomber Avenue also be annexed. The property is contiguous to existing City boundaries to the north. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). Draft Attachment number 1 \nPage 11 of 25 Item # 2 Council 2014-01-16 12 The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Draft Attachment number 1 \nPage 12 of 25 Item # 2 Council 2014-01-16 13 Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1944 Macomber Avenue (Lot 47, South Binghampton Park Subdivision) together with all of the abutting right of way of Macomber Avenue. The motion was duly seconded and carried unanimously. Ordinance 8527-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to free form pass Ordinance 8527-14 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8528-14 was presented and read by title only. Vice Mayor Paul Gibson moved to free form pass Ordinance 8528-14 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8529-14 was presented and read by title only. Councilmember Bill Jonson moved to free form pass Ordinance 8529-14 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8497-14 on second reading, amending Beach By Design, Section II, Future Land Use, Subsection F. Small Motel District by establishing minimum side setbacks; amending Section V. Catalytic Projects, Subsection B.2 Hotel Density Reserve, to expand the criteria hotels must meet in order to be eligible for an allocation of hotel rooms from the reserve; amending Section VII. Design Guidelines, regarding rear and side setbacks. Ordinance 8497-14 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8497-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Draft Attachment number 1 \nPage 13 of 25 Item # 2 Council 2014-01-16 14 "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.2 Adopt Ordinance 8516-14 on second reading, annexing certain real property whose post office address is 2071 The Mall, together with all abutting right-of- way of Arbelia Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8516-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8516-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.3 Adopt Ordinance 8517-14 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 2071 The Mall, together with all abutting right-of-way of Arbelia Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8517-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8517-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.4 Adopt Ordinance 8518-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2071 The Mall, together with all abutting right-of-way of Arbelia Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8518-14 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8518-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Draft Attachment number 1 \nPage 14 of 25 Item # 2 Council 2014-01-16 15 8.5 Adopt Ordinance 8519-14 on second reading, annexing certain real property whose post office address is 1734 Kings Highway, together with all abutting right-of-way of Kings Highway, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8519-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8519-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.6 Adopt Ordinance 8520-14 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 1734 Kings Highway, together with all abutting right-of-way of Kings Highway, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8520-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8520-14 on second and final reading. The motion was duly seconded and upon roll, call the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.7 Adopt Ordinance 8521-14 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1734 Kings Highway, together with all abutting right-of-way of Kings Highway, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8521-14 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8521-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.8 Adopt Ordinance 8523-14 on second reading, amending the Community Draft Attachment number 1 \nPage 15 of 25 Item # 2 Council 2014-01-16 16 Development Code to clarify and revise provisions and guidelines for property located in the Tourist District on Clearwater Beach to provide consistency between Beach By Design and the Community Development Code. Ordinance 8523-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8523-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.9 Adopt Ordinance 8534-14 on second reading, relating to the cost of certain discharges with specific properties to the collection and treatment of wastewater; amending Section 32.224, Clearwater Code of Ordinances to remove volume criteria and add more definitive metering verbiage. Ordinance 8534-14 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Ordinance 8534-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 8.10 Continue to February 6, 2014: Adopt Ordinance 8535-14 on second reading, approving for MarineMax, Inc. an exemption from certain ad valorem taxation. Vice Mayor Paul Gibson moved to continue Item 8.10 to February 6, 2014. The motion was duly seconded and carried unanimously. 8.11 Adopt Ordinance 8536-14 on second reading, approving for Skye Lane Properties, LLC, a Heritage Insurance Company and Heritage Property and Casualty Insurance Company, a Heritage Insurance Company, an exemption from certain ad valorem taxation. Ordinance 8536-14 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8536-14 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Draft Attachment number 1 \nPage 16 of 25 Item # 2 Council 2014-01-16 17 City Manager Reports 10. Other Items on City Manager Reports 10.1 Certify that the Homeless Emergency Project, Inc., is consistent with local plans and regulations, and qualifies under the States Enterprise Zone Community Contribution Tax Credit Program under Housing for low-income persons in a non-enterprise location and adopt Resolution 14-01. Homeless Emergency Project, Inc. (HEP) is applying for sponsorship under the Enterprise Zone Community Contribution Tax Credit Program pursuant to Florida Statutes sections 212.08(5)(P), 220.183, 624.5105 and Rule 12C-1.0188 Florida Administrative Code. To become an eligible sponsor, a resolution from the local government is required. Projects designed to provide housing for low-income persons are not required to be located within an Enterprise Zone and must be consistent with local plans and regulations including the local government’s adopted comprehensive plan. HEP meets the qualifying criteria. The Enterprise Zone Community Contribution Tax Credit Program (CCTCP) allows any business in Florida to receive a 50% credit on their Florida corporate income tax, insurance premium tax or sales tax refund for donations made to local community development projects. Donations must be made to an eligible sponsor conducting an approved community development project. A business may receive no more than $200,000 in community contribution tax credits annually. Once the donation has been approved by the Florida Department of Economic Opportunity, a copy of the approval letter must be submitted with the state tax return. The qualifying proposed project for this sponsorship is to increase corporate cash donations to provide designated funds for specific programs and undesignated funds for general operating expenses for HEP. Some corporations like to give undesignated donations so HEP can use the funds as they see fit. Other corporations prefer to give to a specific program or area of interest. Some companies like to contribute to youth and after school programs; others prefer employment readiness programs, while still others like to contribute to capital projects. All of these HEP programs and projects require ongoing fundraising. This project is vital to the surrounding community. HEP employs 60 full - and part-time staff, and over 1,000 volunteers annually to provide homeless and very low-income individuals and families with housing, food, clothing and support services necessary to obtain self-sufficiency and improved quality of life. HEP offers 124 units of Emergency Shelter for individuals and families with children. In Draft Attachment number 1 \nPage 17 of 25 Item # 2 Council 2014-01-16 18 addition, the agency operates 233 units of transitional and permanent supportive housing for individuals, veterans and families with children. The annual HEP operating budget exceeds $5 million. These expenses consist of costs associated with personnel, housing and occupancy, supportive services, food, program and client supplies, the dental clinic, and administration of HEP’s 357-bed facility. Councilmember Jay Polglaze moved to certify that the Homeless Emergency Project, Inc., is consistent with local plans and regulations, and qualifies under the States Enterprise Zone Community Contribution Tax Credit Program under Housing for low- income persons in a non-enterprise location. The motion was duly seconded and carried unanimously. Resolution 14-01 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 14-01. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 10.2 Approve Skye Lane Properties, LLC for waivers and reimbursement of certain fees to encourage parking area improvements, including the construction of a parking deck, at 2600/2650 McCormick Drive, Clearwater, so as to provide certain public benefits including higher paying job opportunities and higher intensity and density on the site which are consistent with the City’s Economic Development Strategic Plan and US 19 Redevelopment Plan and adopt Resolution 14-03. The City Council Policy, General Administration, Section A – Application Fee Waivers, amended February 12, 2002, provides consideration for application fee waivers including building permit, occupational license, plan review and zoning- related application fees for projects which staff believes special considerations exist. In accordance with the Policy, staff recommends adoption of Resolution 14-03 waiving and reimbursing all application, permit, inspection, examination, and others fees paid to the City by Skye Lane Properties, LLC up to $60,000 based on the following: Special Considerations Draft Attachment number 1 \nPage 18 of 25 Item # 2 Council 2014-01-16 19 The City’s Economic Development Strategic Plan (EDSP), adopted in November 2011, is based upon the Guiding Principles of tax base diversification, higher paying jobs and business vitality, which reflect the values of the community. The EDSP identified certain goals to support these Principles including: · Encourage the development of sites and buildings needed to accommodate higher intensity employment opportunities, · Develop the policies and tools to compete for new private investment and jobs, · Create an environment that promotes the vitality and growth of existing businesses The EDSP also provided recommendations to encourage desired development including development fee reduction and public participation in land development to encourage infill and redevelopment projects. The City’s US 19 Redevelopment Plan, adopted in December 2012, also provided recommendations consistent with the EDSP including: · Preference for office and other employment-intensive uses over smaller-scale uses for sites located in In-Between Areas · Recognition that tenants often desire more parking spaces than available which is a challenge along the US 19 Corridor · Support for the City’s use of direct and indirect assistance such as the reduction of permit fees and other incentives that advance economic development goals and improve the corridor’s competitive position in the Tampa Bay Region The proposed $5.9 million project is consistent with the goals and recommendations of the EDSP and US 19 Redevelopment Plan. The construction of a parking deck and other parking improvements will provide a public benefit allowing tenant companies to expand providing high wage employment opportunities for the citizens of Clearwater and will increase employment intensity and density at the site. Project Overview Draft Attachment number 1 \nPage 19 of 25 Item # 2 Council 2014-01-16 20 Skye Lane Properties, LLC, purchased 2600/2650 McCormick Drive in April 2013. At the time of purchase, a severe parking deficit existed according to today’s office marketplace where tenant demand is often 4.5 to 6.0 spaces / 1,000 sq. ft. This project proposes to resolve the parking deficit to accommodate higher intensity employment opportunities, one of the Goals of the EDSP and is supported by the US 19 Redevelopment Plan as an In-Between Area providing an employment-intensive use favored over smaller-scale projects. Skye Lane Properties plans to invest $5.9 million in real property improvements including the construction of a $4.0 million tri-level parking deck. Higher Intensity & Density: Projected Outcomes · Upon completion of all parking improvements on the site, the property will have approximately 725 parking spaces, which will provide the entire site with 4.9 spaces / 1,000 sq. ft. · The property will meet market demand making this a prime Class A office destination for what was 50% vacant nearly 1 year ago. Job Creation in Target Industries: · Heritage Property and Casualty Insurance Company will relocate 54 employees from their current corporate headquarters location in St. Petersburg, and will add 11 new positions in 2014. Average wages for all new jobs will exceed $87,000 (208% above the Pinellas County Average Annual Wage). · Ten or more consultants currently working with Heritage Property and Casualty Insurance Company will also relocate to the site. · MarineMax, Inc., will relocate 99 employees from its current corporate headquarters located in the City, and add 30 new jobs over 3 years. Average annual wages of all new jobs will exceed $65,000 (155% of the Pinellas County Average Annual Wage). · Tenants on the site, including AmeriLife, will be able to expand. Impact Analysis Draft Attachment number 1 \nPage 20 of 25 Item # 2 Council 2014-01-16 21 Staff has conducted an impact analysis of the capital investment of Skye Lane Properties, LLC, and Heritage Property and Casualty Insurance Company – a related entity - using Total Impact™ by Impact Data Source. The analysis does not include economic impact of other tenants. Impact analysis projects: · $134.9 million Economic Impact (Countywide, 10 years) including $109.8 million in salaries (direct & indirect jobs) and $20.4 million in taxable sales and purchases in the County. · Permanent jobs and additional indirect and induced jobs (spin off): 160 jobs · Net Benefits to the City: $229,327 · Present Value of Net Benefits to City (reflects 5% discount): $184,079 · Rate of Return: 17.4% ROR (when the exemption is considered as cash) · Payback Period: 5.2 years Staff proposed ED AVTE for MarineMax, Inc. of 50% exemption of tangible personal property taxes for 5 years (Tax Years 2014-2018). Total value of the proposed exemption for MarineMax, Inc. is estimated at $18,661. (Ordinance 8535-14) Additional Incentives Staff also proposed ED AVTE for Skye Lane Properties, LLC and Heritage Property and Casualty Insurance Company of 75% and 50% exemption of real and tangible personal property taxes for 5 years each (Tax Years 2014-2018, Tax Years 2019-2023, respectively). Estimated value of the exemption is $168,472. These additional incentives are considered integral to the project. Funding for this item will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $30,000 to establish project 181-99744, Economic Development Incentives. This amount is for the reimbursement of fees not able to be waived for this project. The balance in General Fund reserves is approximately $17.5 million, or 15.2% of the 2013/14 General Fund operating budget. Inclusive of the $1.4 million used to fund the current operating budget, a total of $2,235,943 of General Fund reserves has been used to date to fund expenditures in the 2013/14 operating budget. Source of Funding Draft Attachment number 1 \nPage 21 of 25 Item # 2 Council 2014-01-16 22 One individual spoke in support. Councilmember Bill Jonson moved to approve Skye Lane Properties, LLC for waivers and reimbursement of certain fees to encourage parking area improvements, including the construction of a parking deck, at 2600/2650 McCormick Drive, Clearwater, so as to provide certain public benefits including higher paying job opportunities and higher intensity and density on the site which are consistent with the City’s Economic Development Strategic Plan and US 19 Redevelopment Plan. The motion was duly seconded and carried unanimously. Vice Mayor Paul Gibson moved to adopt Resolution 14-03. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 10.3 Authorize the Marine and Aviation Department Director to apply for and administer the Florida Fish and Wildlife Conservation Commission (FWC), Florida Boating Improvement Program (FBIP) Grant on behalf of the City of Clearwater, and adopt Resolution 14-04. The Marine and Aviation Department proposes to replace fourteen of the existing 43 city-owned boat slips behind the Clearwater Marine Aquarium with a 200 ft. floating dock system for day dock boater use, with handicapped accessibility. The intent would be to decrease the number of slips needing maintenance, while providing boaters an alternative to driving to the aquarium by car, and picking up and dropping off passengers via a floating dock system better equipped to safely board special needs visitors. The docks there now are fixed for private recreational use, and have no provision for special needs boaters. The Department desires to apply to the Florida Fish and Wildlife Conservation Commission (FWC) for a Florida Boating Improvement Program (FBIP) Grant, to offset the cost of purchasing the floating dock system. The City Resource Committee approved applying for the grant funding at the December 4, 2013 meeting. The matching funds have been secured with agreements to commit from Clearwater Marine Aquarium, Florida West Coast Cruises and Bay Star Restaurant Group, and all construction and environmental permits necessary have been obtained. Adoption of Resolution 14-04 will authorize the Marine and Aviation Department Director to apply for and administer the FBIP Grant on behalf of the City. Councilmember Jay Polglaze moved to authorize the Marine and Aviation Department Director to apply for and administer the Florida Fish and Wildlife Conservation Draft Attachment number 1 \nPage 22 of 25 Item # 2 Council 2014-01-16 23 Commission (FWC), Florida Boating Improvement Program (FBIP) Grant on behalf of the City of Clearwater. The motion was duly seconded and carried unanimously. Resolution 14-04 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt resolution 14-04. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 10.4 Approve the Second Amendment to Business Lease Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of City-owned property, known as the Harborview Building, located at 320 Cleveland Street; and authorize the appropriate officials to execute same. The City and Clearwater Marine Aquarium, Inc. (CMA) entered into two Business Lease Contracts for CMA’s use of the Harborview Building on September 12, 2011 and on July 3, 2012 for the use of the middle and ground floors respectively. Both lease contracts were intended to satisfy CMA’s need for additional space due to increased patronage resulting from the successful motion picture, Dolphin Tale. Both leases are scheduled to expire on March 11, 2014 with no further extension options. On November 5, 2013, the City of Clearwater residents voted to approve a referendum to amend the City Charter allowing the City to negotiate terms of a lease for CMA to construct and operate a new aquarium on City Hall property. With a lengthy planning process prior to the construction of a new aquarium, CMA has requested an extension of both leases. The Second Amendment to Business Lease Contract (Amendment) applies to both leases and will extend the lease term. The Amendment will also expressly relieve the City of any and all responsibility for repairs to the building. Notable terms and conditions of the leases as amended are listed below: Term: According to the proposed Amendment, the term shall expire 6 months from the grand opening of the new Clearwater Aquarium to be built by the CMA on the current City Hall property. The Memorandum of Understanding (MOU) between the City and CMA dated September 12, 2013 contemplates that the lease shall expire 60 days from the grand opening of the new aquarium. Additional lease-extension provisions summarized below are consistent with the MOU. In the event that the City and CMA fail to enter into a lease for the City Hall property by June 1, 2015, then the Lease shall expire on January 1, 2016. Further, in the event the CMA fails to have all funds necessary for the Draft Attachment number 1 \nPage 23 of 25 Item # 2 Council 2014-01-16 24 construction of the new aquarium by August 1, 2016, then the Lease shall expire on January 1, 2017. Building Repairs: The City and CMA understand that major systems of the building are in an advanced state of age and may require repair or replacement during the lease term. The City shall have no obligation for any repairs or replacement. The CMA is responsible for any repairs and replacements or, at its discretion, may terminate the lease. Rent: Rent payments will continue pursuant to the existing leases. Rent payments for the middle floor area were structured such that the CMA would reimburse the City for capital improvements made by the City at the commencement of the original lease. The City has recaptured 100% of these expenses and CMA is now responsible for parking and common area expenses incurred by the City ($3,750/month). CMA pays the City approximately $4.00/square foot for rent of the ground floor area ($21,256/year). The City may terminate this lease with cause or if City Council determines that the property is needed for other municipal services. The CMA may terminate this lease at its discretion. The City Attorney reviewed the amendments before Council: The term of the lease shall expire sixty days from the grand opening of the new Clearwater Aquarium. In the event that Lessor and Lessee fail to enter into a lease for the City Hall property by June 1, 2015, then the lease shall expire six months hence on November 30, 2016. In the event the Lessee fails to have all funds necessary for the construction of the new aquarium on the City Hall property by August 1, 2016, then the Lease shall expire six months hence on January 31, 2017. Councilmember Bill Jonson moved to approve the Second Amendment to Business Lease Contract between the City of Clearwater and Clearwater Marine Aquarium, Inc. for the lease of City-owned property, known as the Harborview Building, located at 320 Cleveland Street; and authorize the appropriate officials to execute same. The motion was duly seconded. In response to questions, the City Attorney said the MOU is not binding, it is a Statement of Intent at the time the parties entered into the agreement. Changes to the agreement must be agreed upon by both parties. Upon the vote being, the motion carried unanimously. Miscellaneous Reports and Items 11. City Manager Verbal Reports Draft Attachment number 1 \nPage 24 of 25 Item # 2 Council 2014-01-16 25 11.1 City Manager Verbal Reports – None. 12. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. 13. Adjourn The meeting adjourned at 7:17 p.m. Mayor City of Clearwater Attest City Clerk Draft Attachment number 1 \nPage 25 of 25 Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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). Cover Memo Item # 3 The development is considered a mixed use project due to the mix of residential and non-residential units. The intensity of 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 Designand 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 Cover Memo Item # 3 Attached Dwelling building and 97 spaces provided via surface parking throughout the site. The number of parking spaces is consistent with the CDC. 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 Designconcerning 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 Designand 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: Cover Memo Item # 3 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. Review Approval: Cover Memo Item # 3 Attachment number 1 \nPage 1 of 3 Item # 3 Attachment number 1 \nPage 2 of 3 Item # 3 Attachment number 1 \nPage 3 of 3 Item # 3 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 # 3 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 # 3 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 # 3 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 # 3 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 # 3 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 # 3 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 # 3 (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 # 3 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 # 3 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 # 3 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 # 3 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 # 3 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 # 3 EXHIBIT “A” Legal Description Attachment number 2 \nPage 14 of 22 Item # 3 EXHIBIT “B” Conceptual Site Plan Attachment number 2 \nPage 15 of 22 Item # 3 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 # 3 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 # 3 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 # 3 __________________________________ 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 # 3 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 # 3 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 # 3 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 # 3 $ 5 $ & G U K I P + P E /C T S W G U C U The drawings presented are illustrative of character and design intent only, and aresubject to change based upon final design considerations (i.e. applicable codes,structural, and MEP design requirements, unit plan / floor plan changes, etc.)DUDFGUKIPEQO /CTSWGUCU..%*QVGNÄ)WNHXKGY$NXF'NGXCVKQP *Q V G N Ä ' C U V ' N G X C V K Q P Attachment number 3 \nPage 1 of 2 Item # 3 $ 5 $ & G U K I P + P E /C T S W G U C U The drawings presented are illustrative of character and design intent only, and aresubject to change based upon final design considerations (i.e. applicable codes,structural, and MEP design requirements, unit plan / floor plan changes, etc.)DUDFGUKIPEQO /CTSWGUCU..%*QVGNÄ9CVGTHTQPV'NGXCVKQP*QV G N Ä 0 Q T V J ' N G X C V K Q P Attachment number 3 \nPage 2 of 2 Item # 3 $ 5 $ & G U K I P + P E /C T S W G U C U The drawings presented are illustrative of character and design intent only, and aresubject to change based upon final design considerations (i.e. applicable codes,structural, and MEP design requirements, unit plan / floor plan changes, etc.)DUDFGUKIPEQO /CTSWGUCU..% Attachment number 4 \nPage 1 of 7 Item # 3 $5$&GUKIP+PE /CTSWGUCU The drawings presented are illustrative of character and design intent only, and are subject to change based upon final design considerations (i.e. applicable codes, structural, and MEP design requirements, unit plan / floor plan changes, etc.) DUDFGUKIPEQO /CTSWGUCU..% *QVGN(NQQT2NCPÄ.GXGN Attachment number 4 \nPage 2 of 7 Item # 3 $5$&GUKIP+PE /CTSWGUCU The drawings presented are illustrative of character and design intent only, and are subject to change based upon final design considerations (i.e. applicable codes, structural, and MEP design requirements, unit plan / floor plan changes, etc.) DUDFGUKIPEQO /CTSWGUCU..% *QVGN(NQQT2NCPÄ.GXGN Attachment number 4 \nPage 3 of 7 Item # 3 $5$&GUKIP+PE /CTSWGUCU The drawings presented are illustrative of character and design intent only, and are subject to change based upon final design considerations (i.e. applicable codes, structural, and MEP design requirements, unit plan / floor plan changes, etc.) DUDFGUKIPEQO /CTSWGUCU..% *QVGN(NQQT2NCPÄ.GXGN Attachment number 4 \nPage 4 of 7 Item # 3 $5$&GUKIP+PE /CTSWGUCU The drawings presented are illustrative of character and design intent only, and are subject to change based upon final design considerations (i.e. applicable codes, structural, and MEP design requirements, unit plan / floor plan changes, etc.) DUDFGUKIPEQO /CTSWGUCU..% *QVGN(NQQT2NCPÄ.GXGNUÄ Attachment number 4 \nPage 5 of 7 Item # 3 $5$&GUKIP+PE /CTSWGUCU The drawings presented are illustrative of character and design intent only, and are subject to change based upon final design considerations (i.e. applicable codes, structural, and MEP design requirements, unit plan / floor plan changes, etc.) DUDFGUKIPEQO /CTSWGUCU..% *QVGN(NQQT2NCPÄ.GXGN *QVGN(NQQT2NCPÄ.GXGNUÄ Attachment number 4 \nPage 6 of 7 Item # 3 $5$&GUKIP+PE /CTSWGUCU The drawings presented are illustrative of character and design intent only, and are subject to change based upon final design considerations (i.e. applicable codes, structural, and MEP design requirements, unit plan / floor plan changes, etc.) DUDFGUKIPEQO /CTSWGUCU..% 4GUQTV%QPFQOKPKWOÄ.GXGN 4GUQTV%QPFQOKPKWOÄ.GXGNUÄ 4GUQTV%QPFQOKPKWOÄ.GXGN 4GUQTV%QPFQOKPKWOÄ.GXGNUÄ Attachment number 4 \nPage 7 of 7 Item # 3 $5$&GUKIP+PE /CTSWGUCU The drawings presented are illustrative of character and design intent only, and are subject to change based upon final design considerations (i.e. applicable codes, structural, and MEP design requirements, unit plan / floor plan changes, etc.) DUDFGUKIPEQO )TKNNÄ5QWVJ'NGXCVKQP 2QQNUKFG /CTSWGUCU..% )TKNNÄ0QTVJ'NGXCVKQP )TKNNÄ'CUV'NGXCVKQP )TKNNÄ9GUV'NGXCVKQP )TKNNÄ(NQQT2NCP Attachment number 5 \nPage 1 of 1 Item # 3 $5$&GUKIP+PE /CTSWGUCU The drawings presented are illustrative of character and design intent only, and are subject to change based upon final design considerations (i.e. applicable codes, structural, and MEP design requirements, unit plan / floor plan changes, etc.) DUDFGUKIPEQO /CTSWGUCU..% 4GUQTV%QPFQOKPKWOÄ)WNHXKGY$NXF'NGXCVKQP4GUQTV%QPFQOKPKWOÄ5QWVJ'NGXCVKQP Attachment number 6 \nPage 1 of 2 Item # 3 $5$&GUKIP+PE /CTSWGUCU The drawings presented are illustrative of character and design intent only, and are subject to change based upon final design considerations (i.e. applicable codes, structural, and MEP design requirements, unit plan / floor plan changes, etc.) DUDFGUKIPEQO /CTSWGUCU..% 4GUQTV%QPFQOKPKWOÄ9CVGTHTQPV'NGXCVKQP 4GUQTV%QPFQOKPKWOÄ0QTVJ'NGXCVKQP Attachment number 6 \nPage 2 of 2 Item # 3 $ 5 $ & G U K I P + P E /C T S W G U C U The drawings presented are illustrative of character and design intent only, and aresubject to change based upon final design considerations (i.e. applicable codes,structural, and MEP design requirements, unit plan / floor plan changes, etc.)DUDFGUKIPEQO /CTSWGUCU..%)TKNN *QVGN$WKNFKPI'PXGNQRG Attachment number 7 \nPage 1 of 3 Item # 3 $5$&GUKIP+PE /CTSWGUCU The drawings presented are illustrative of character and design intent only, and are subject to change based upon final design considerations (i.e. applicable codes, structural, and MEP design requirements, unit plan / floor plan changes, etc.) DUDFGUKIPEQO /CTSWGUCU..% *QVGNÄ5QWVJGCUV$KTFUG[G8KGY *QVGNÄ)WNHXKGY$NXF5VTGGV8KGY *QVGNÄ5QWVJYGUV$KTFUG[G8KGY *QVGNÄ0QTVJYGUV$KTFUG[G8KGY *QVGNÄ0QTVJGCUV$KTFUG[G8KGY /CUUKPI5VWF[ Attachment number 7 \nPage 2 of 3 Item # 3 $ 5 $ & G U K I P + P E /C T S W G U C U The drawings presented are illustrative of character and design intent only, and aresubject to change based upon final design considerations (i.e. applicable codes,structural, and MEP design requirements, unit plan / floor plan changes, etc.)DUDFGUKIPEQO /CTSWGUCU..%%QPFQOKPKWO$WKNFKPI'PXGNQR G Attachment number 7 \nPage 3 of 3 Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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. Cover Memo Item # 4 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: Cover Memo Item # 4 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 # 4 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 # 4 Attachment number 1 \nPage 3 of 4 Item # 4 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 WATER WATER WATER US 19 NURSERY RD SUMMERLIN DR 188 11 5 12 9 11 7 12 3 22 7 12 1 20 3 21 3 11 9 21 9 22 3 20 7 23 1 13 1 20 9 11 1 12 7 10 7 10 9 21 5 10 1 21 1 10 5 20 5 12 5 20 1 11 3 22 9 22 1 21 7 10 3 20 4 20 8 21 2 21 0 21 4 22 4 22 6 23 2 22 8 23 0 32 6 32 0 32 4 30 4 30 2 31 4 30 8 20 6 31 6 31 0 33 2 31 2 32 8 31 8 30 6 32 2 20 2 33 0 10 0 10 2 10 8 11 0 11 2 11 4 11 8 12 0 12 2 12 4 12 8 12 6 13 2 13 0 416 410 406 404 414 408 420 412 186 187 189 191 11 6 2449 25801495 1477 1465 1471 1 4 5 7 1445 14511452 1458 1464 1470 1476 1482 1488 1494 2578 1459 1516 1575 1592 1381 1591 1360 1574 1503 1 3 8 5 1583 1513 1363 2491 2555 1564 1522 2 4 5 3 1383 1526 1518 1 5 3 2 1580 2561 1512 1507 1379 1371 2493 2596 1596 1509 1355 1375 1367 1528 1570 1587 18675 18946 18819 19034 18590 18911 18940 18627 19100 18573 18698 18562 19029 18717 18740 18584 19042 18821ele 18546,48 18538,40 220 222 216 218 190 1446 2453 2449 2452 2449 2453 1514 1515 1588 1521 1556 1556 1359 1551 1560 1356 1 5 4 2 1585 2448 1573 1 5 3 4 1548 1548 1523 1586 2448 1594 1581 1 5 3 8 1557 1557 1552 1552 1546 1546 15761555 1562 1519 1590 1501 1524 1582 1510 1 5 6 5 1550 1550 1577 1 5 4 0 1589 1568 2452 1 5 3 6 1578 2448 1554 1554 1553 1505 1566 1517 18860 18736 18820188501884018830 18746U 18699Trf -N o t t o S c a l e - -N o t a S u r v e y - 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 # 4 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 # 4 Attachment number 2 \nPage 2 of 3 Item # 4 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 C I MHP LMDR MDR O MDR MDR MHP MHDR MHDR MH P US 19 NURSERY RD SUMMERLIN DR PR EM IE R VI LL A G E WAY 188 11 5 12 9 11 7 12 3 22 7 12 1 20 3 21 3 11 9 21 9 22 3 20 7 23 1 13 1 20 9 11 1 12 7 10 7 10 9 21 5 10 1 21 1 10 5 20 5 12 5 20 1 11 3 22 9 22 1 21 7 10 3 20 4 20 8 21 2 21 0 21 4 22 4 22 6 23 2 22 8 23 0 32 6 32 0 32 4 30 4 30 2 31 4 30 8 20 6 31 6 31 0 33 2 31 2 32 8 31 8 30 6 32 2 20 2 33 0 10 0 10 2 10 8 11 0 11 2 11 4 11 8 12 0 12 2 12 4 12 8 12 6 13 2 13 0 416 410 406 404 414 408 420 412 186 187 189 191 11 6 2580 1 4 5 7 1445 1451 2452 2578 1459 1516 1575 1592 1381 1591 1360 1574 1588 1503 1583 1556 1359 1513 1560 1356 1 5 4 2 1 5 3 4 1548 1363 2491 2555 1523 1564 1522 1383 1526 1 5 3 8 1552 1518 1 5 3 2 1580 2561 1512 1507 1379 1371 2493 2596 1596 1509 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 2449 1495 1477 1465 1471 52 446 8 64 70 6 2 8 94 2453 2453 1514 1515 1521 1 3 8 5 1556 1551 1585 1573 1548 1586 2 4 5 3 1594 1581 1557 1557 1552 1546 1546 15761555 1562 1519 1590 1501 1524 1582 1510 1 5 6 5 1550 1550 1577 1 5 4 0 1589 2452 1 5 3 6 1578 1554 1554 1553 1505 1566 1570 1517 18860 184 19029 18820188501884018830 18 18746U 18699Trf 18821ele -N o t t o S c a l e - -N o t a S u r v e y - 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 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 # 4 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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: Cover Memo Item # 5 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 # 5 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 # 5 Attachment number 1 \nPage 3 of 7 Item # 5 Attachment number 1 \nPage 4 of 7 Item # 5 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 # 5 Attachment number 1 \nPage 6 of 7 Item # 5 Attachment number 1 \nPage 7 of 7 Item # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 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 # 5 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 SUBJECT / RECOMMENDATION: Continue Second Reading of Ordinance 8512-14 to February 20, 2014. (LUP2013-10006/REZ2013-10006) SUMMARY: Review Approval: Cover Memo Item # 6 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 SUBJECT / RECOMMENDATION: Continue Second Reading of Ordinance 8513-14 to February 20, 2014. (LUP2013-10006/REZ2013-10006) SUMMARY: Review Approval: Cover Memo Item # 7 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 SUBJECT / RECOMMENDATION: Continue Second Reading of Ordinance 8514-14 to February 20, 2014. (LUP2013-08005/REZ2013-08004) SUMMARY: Review Approval: Cover Memo Item # 8 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 SUBJECT / RECOMMENDATION: Continue Second Reading of Ordinance 8515-14 to February 20, 2014. (LUP2013-08005/REZ2013-08004) SUMMARY: Review Approval: Cover Memo Item # 9 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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 # 10 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 # 10 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 # 10 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 # 10 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 # 10 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 # 10 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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 # 11 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 # 11 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 # 11 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 T Y 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 t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 1 of 1 Item # 11 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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 # 12 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 # 12 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 # 12 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 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 RU RU RU RU RU RU R/OS RU RU P BE T T Y 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 o t t o S c a l e - -N o t a S u r v e y - RU Attachment number 2 \nPage 1 of 1 Item # 12 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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 # 13 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 # 13 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 # 13 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 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 T Y 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 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 o t a S u r v e y - LMDR Attachment number 2 \nPage 1 of 1 Item # 13 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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 # 14 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 # 14 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 # 14 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 # 14 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 A N E D R EV A N S D R TERRACE DR OW E N D R CA R L T O N D R LU C A S D R GR O V E D R TH O M A S D R SK Y L A N D D R AU D R E Y D R CA R D I N A L D R MA R I L Y N D R DIANE TER N TERRACE DR HARBOR CIR WI N W O O D D R OW E N D R AU D R E Y D R CA R D I N A L D R 2 7 5 3 2 7 4 5 27 1 5 2 7 5 1 1750 27 1 9 1761 2 7 1 8 27 2 5 2 7 4 3 1753 1819 1801 1881 -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 3 \nPage 1 of 1 Item # 14 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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 # 15 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 # 15 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 # 15 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 # 15 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 A N E D R TERRACE DR EV A N S D R CA R L T O N D R OW E N D R LU C A S D R GR O V E D R SK Y L A N D D R AU D R E Y D R MA R I L Y N D R TH O M A S D R CA R D I N A L D R EL T R I N D A D D R E DIANE TER SO U L E R D N TERRACE DR HARBOR CIR WI N W O O D D R OW E N D R AU D R E Y D R CA R D I N A L D R RL I P I I I RM RL R/O/R CL RL RL RL RL RL RL RL RL RL RL RL RL RL RL CG RL RU R/O/R RL CG I R/OG CL IL R/O/R CL RL RM CG P R/O/R P R/OL P RU RM R/O/R R/O/R R/O/R R/OL CL CG R/OG RLM CG R/OG CL RU P RL P CL 2 7 5 3 2 7 4 5 27 1 5 2 7 5 1 1750 27 1 9 1761 2 7 1 8 27 2 5 2 7 4 3 1753 1819 1801 1881 -N o t t o S c a l e - -N o t a S u r v e y - RL RL RL RL RL RL RL RL RL RL RM RL P P P Attachment number 3 \nPage 1 of 1 Item # 15 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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 # 16 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 # 16 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 # 16 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 # 16 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 9 SOUTH DR SUNSET POINT RD MORNINGSIDE DR WOODRING DR DI A N E D R EV A N S D R TERRACE DR OW E N D R LU C A S D R GR O V E D R TH O M A S D R SK Y L A N D D R AU D R E Y D R CA R D I N A L D R MA R I L Y N D R DIANE TER HA R B O R C I R OW E N D R 2 7 5 3 2 7 4 5 27 1 5 2 7 5 1 1750 27 1 9 1761 2 7 1 8 27 2 5 2 7 4 3 1753 1819 1801 1881 -N o t t o S c a l e - -N o t a S u r v e y - * - 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 # 16 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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 # 17 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 # 17 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 # 17 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 # 17 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 # 17 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 # 17 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 # 17 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 # 17 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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: Cover Memo Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:2/6/2014 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: Cover Memo Item # 19 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 # 19 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 # 19 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 # 19 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 # 19 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 # 19 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 # 19 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 # 19 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 # 19 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 # 19 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 # 19 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 # 19 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 # 19 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 # 19 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 # 19 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 # 19