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02/18/2014 WORK SESSION AGENDA Council Chambers - City Hall 2/18/2014 - 9:00 AM 1. Presentations 1.1Service Awards Attachments 2. Economic Development and Housing 2.1Withdraw: 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. Attachments 2.2Present Economic Development Strategic Plan 2013 Accomplishments. (WSO) Attachments 3. Gas System 3.1Approve the first renewal of a Purchase Order, in the amount of $350,000, with Heath Consultants, Inc., to provide natural gas line locating services, and authorize the appropriate officials to execute same. (consent) Attachments 3.2Approve a Service Agreement with Florida Gas Transmission for the transportation of natural gas supply under Rate Schedule FTS-2, and authorize the appropriate officials to execute same. (consent) Attachments 4. Parks and Recreation 4.1Approve Concession Operations Agreement from March 1, 2014 through February 28, 2015 with Edward Bates, individually d/b/a Kinney’s Kitchen (Kinney's), to provide food concession services for programs and activities held at the EC Moore Softball Complex and authorize the appropriate officials to execute same. (consent) Attachments 4.2Approve Event Agreement (Agreement) between the City and CBS Radio Stations, Inc. (CBS Radio) to use Coachman Park on March 8, 2014 to produce, organize and coordinate an outdoor concert event know as Wild Splash and authorize the appropriate officials to execute same. (consent) Attachments 5. Public Utilities 5.1Declare a 2005 Sterling L7501 VacCon (G3019) surplus to the needs of the City and be used for trade in value to purchase a new Aquatech Sewer Cleaner/Vacuum Unit to maintain the sewer lines within Clearwater. (consent) Attachments 6. Engineering 6.1City staff recommendations on changes to the current parking program. (WSO) Attachments 6.2Approve Cooperative Funding Agreement between the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for construction and construction inspection of Smallwood Circle Stormwater Improvements (N395) in the amount of $750,000 and authorize the appropriate officials to execute same. (consent) Attachments 6.3Approve the First Amendment to Revocable License Agreement between the City of Clearwater and Salt Block 57, LLC, for the exclusive use of City Parking Lot 32; and authorize the appropriate officials to execute same. (consent) Attachments 6.4Approve Change Order 1 to David Nelson Construction Co., Inc. of Palm Harbor, Florida for the Hillcrest/Brookhill Neighborhood Traffic Calming and Stormwater Improvements project (10-0002-EN and 10-0005-EN) in amount of $618,029.02, for a new contract total of $3,178,865.38; approve a time extension of 90 days for completion of additional storm improvements; and authorize the appropriate officials to execute same. (consent) Attachments 7. Planning 7.1Approve 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 1238 Palm Street, 1215 Palm Street, 1349 Union Street, 1329 State Street, and 1230 Aloha Lane; and pass Ordinances 8537- 14, 8538-14 and 8539-14 on first reading. (ANX2013-12034) Attachments 7.2Approve a Future Land Use Map amendment from the Residential Urban (RU) classification to the Residential Low Medium (RLM) classification for property located at 2730 Curlew Road (consisting of a portion of Section 17, Township 28 South, Range 16 East), and pass Ordinance 8533-14 on first reading. (LUP2013-11008) Attachments 7.3Approve a Second Amendment to an existing Development Agreement between RS Clearwater LLC, (the property owner) and the City of Clearwater; adopt Resolution 14-02, and authorize the appropriate officials to execute same. (DVA2013-11001) Attachments 7.4Approval of a Development Agreement between Marquesas, LLC (property owner) and the City of Clearwater, providing for the allocation of 93 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-05, and authorize the appropriate officials to execute same. (HDA2013- 12008) Attachments 8. City Manager 8.1Approve the Strategic Direction Action Plan and authorize transfer of funds in the amount of $250,000 from General Fund Reserves to establish a Strategic Direction Action Plan Project and provide for an Urban Land Institute Technical Assistance Panel, Citywide Branding, Citizens Survey and related implementation activities. (consent) Attachments 9. Official Records and Legislative Services 9.1Appoint two members to the Public Art and Design Board with terms to expire February 28, 2018. Attachments 9.2Appoint two members to the Community Development Board with terms to expire February 28, 2018. Attachments 10. Legal 10.1Adopt Ordinance 8512-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address are 18820, 18830, 18840, 18850, and 18860 US Highway 19N., Clearwater, Florida from Residential/Office General (R/OG) to Commercial General (CG) and Residential/Office/Retail (R/O/R). Attachments 10.2Adopt Ordinance 8513-14 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address are 18820, 18830, 18840, 18850, and 18860 US Highway 19N., Clearwater, Florida from Office (O) to Commercial (C). Attachments 10.3Adopt Ordinance 8514-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 2650 Sabal Springs Drive from Recreation/Open Space (R/OS) to Institutional (I). Attachments 10.4Adopt Ordinance 8515-14 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 2650 Sabal Springs Drive from Open Space/Recreation (OS/R) to Institutional (I). Attachments 10.5Deny: Second Reading of Ordinance 8535-14 Approving for MarineMax, Inc. an exemption from certain ad valorem taxation. Attachments 11. City Manager Verbal Reports 11.1City Manager Verbal Reports Attachments 12. Council Discussion Items 12.1Neighborhood Matching Grants (re-establish Grant Program) - Councilmember Polglaze Attachments 13. Closing Comments by Mayor 14. Adjourn 15. Presentation(s) for Council Meeting 15.1Be the Match Awareness Month Proclamation - Marc Silver, Senior Community Engagement Representative for Be the Match Attachments 15.2Irish American Heritage Month Proclamation - Sean Denny, Ancient Order of Hibernians Pinellas Division 2 President Attachments 15.3Officer Tracy Black, Sergeant Thomas Baitinger Award Recipient Attachments 15.4Regional Health Care - Rick Homans Attachments Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Kendrix Anderson Engineering/Stormwater Terrence Priester Engineering/Stormwater Jermaine Bennett Public Utilities Kevin Boyle Police 10 Years of Service Stephen Avise Fire Shaun Beasley Parks and Recreation Heath Brenner Fire Peter Gushee Fire Matthew Schad Fire James VanZandt Fire Zebulun Veale Fire Clement Vericker Finance 15 Years of Service Jay Gibson Engineering/Traffic JC Jones Solid Waste/General Services 20 Years of Service Guadalupe Newell Gas Pawel Dembinski Engineering 35 Years of Service Raymond Kader Parks and Recreation Review Approval:1) Human Resources Cover Memo Item # 1 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Withdraw: 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. SUMMARY: On January 16, 2014, City Council will pass on second reading Ordinance 8535-14 granting for MarineMax, Inc. an Economic Development Ad Valorem Tax Exemption (ED AVTE) of 50% of the increase in tangible personal taxes for a period of 5 years beginning in Tax Year 2014 through Tax Year 2018. In accordance with the City’s enactment authority granting ED AVTE, all businesses approved for ED AVTE must execute a Business Maintenance and Continued Performance Agreement, which establishes requirements for maintenance of operations and performance measurements in effect during the term of the Exemption. Performance measurements, including job creation, wage verification, and evidence of capital investment (including purchases of furniture, fixtures and equipment) are elements of the agreement and are reviewed annually with required submittal of an annual report. In addition, the Agreement also includes conditions for Council revocation should the Company fail to meet the obligations of the agreement. Project Overview Headquartered in Clearwater, MarineMax is the nation’s largest recreational boat and yacht retailer selling new and used recreational boats and related marine products and services. Currently located at 18167 US Highway 19 North, MarineMax proposes an expansion and relocation of its Corporate Headquarters to 2600 McCormick Drive. The company plans to invest approximately $2.0 million in new furniture, fixtures, and office and computer equipment and will add 30 new employees over a 3-year period. Average annual wages of all new positions will exceed $65,000, which is 155% of the Pinellas County Annual Average Wage as published by Enterprise Florida, Inc. on January 1, 2013. Review Approval: Cover Memo Item # 2 BUSINESS MAINTENANCE & CONTINUED PERFORMANCE AGREEMENT FOR USE BY APPLICANTS APPLYING IN THE Mail to: City of Clearwater Attn: Economic Development Director 112 S. Osceola Ave Clearwater, FL 33756 Attachment number 1 \nPage 1 of 7 Item # 2 1 BUSINESS MAINTENANCE AND CONTINUED PERFORMANCE AGREEMENT THIS AGREEMENT is entered into this ______day of ________ 2014 by and between City of Clearwater, Florida, a municipal corporation of the State of Florida (the “City”) whose mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756 and MarineMax, Inc. (“the Company”), a Florida corporation, currently located at 18167 US Highway 19 North, Suite 300, Clearwater, Florida 33764. WITNESSETH WHEREAS, Article VII, Section 3, of the Constitution of the State of Florida and Section 196.1995, Florida Statutes, provide that the City may grant Economic Development Ad Valorem Tax Exemptions (EDAVTE) to New Businesses and Expansions of Existing Businesses, as defined in Section 196.012 (15)(16), Florida Statutes, by ordinance provided that the electors of the City, voting on the question in a referendum, authorize the City to adopt such ordinances; and WHEREAS, On November 6, 2012, City of Clearwater voters approved the referendum, authorizing the City Council of the City of Clearwater (the “Council ”) to grant EDAVTEs pursuant to state law; and WHEREAS, the Council recognizes that it is a function of local government to promote economic development within its jurisdiction by providing financial incentives to encourage new businesses to relocate within its jurisdiction and existing businesses to expand creating employment opportunities and the utilization of local resources that will benefit the entire community; and WHEREAS, Chapter 29, Article VII of the Code of Ordinances City of Clearwater (the “Code”) sets forth the process and procedures for implementing the EDAVTE program; and, WHEREAS, Pursuant to Section 29.204 of the Code, MarineMax, Inc. submitted an application to the City requesting an EDAVTE for qualifying tangible personal property specified in its application, commencing with Tax Year 2014 (“the Company Application”); and, WHEREAS, on January 16, 2014, in recognition of the economic stimulus MarineMax, Inc. would provide to the community if it expanded its business, invested approximately two million dollars ($2,000,000.00), and added 30 new jobs in the City paying an average annual wage of at least sixty-five thousand dollars ($65,000), the Council authorized an EDAVTE of fifty percent (50%) of the assessed value of the net increase in qualifying improvements to qualifying tangible personal property as set forth in the Company Application, to facilitate the expansion of its business (“MarineMax, Inc. Ad Valorem Tax Exemption”) for a period of five (5) tax years, commencing with Tax Year 2014 through Tax Year 2018; and, Attachment number 1 \nPage 2 of 7 Item # 2 2 WHEREAS, Pursuant to Ordinance No. 8435-14, MarineMax, Inc. agrees to satisfy the continued performance conditions set forth in the Company Application. NOW THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, hereby acknowledged by the parties, MarineMax, Inc. and City agree as follows: 1. Incorporation. The recitals set forth above are incorporated herein in their entirety. 2. Ad Valorem Tax Exemption. Pursuant to Ordinance No . 8535-14, City shall provide an EDAVTE of fifty percent (50%) of the assessed value of the net increase in qualifying tangible personal property as set forth in the Company Application to facilitate the expansion of its business (“MarineMax, Inc., Ad Valorem Tax Exemption”) for a period of five (5) tax years, commencing with Tax Year 2014 through Tax Year 2018. 3. Business Maintenance and Continued Performance Conditions Requirement. Pursuant to Ordinance No. 8435-14, MarineMax, Inc. shall enter into an agreement with the City satisfying the Business Maintenance and Continued Performance Conditions as set forth in the Company Application as follows: a. Commencement of Operations: i. MarineMax, Inc. currently conducts business at 18167 US Highway 19 North, Suite 300, Clearwater, Florida 33764 and will relocate and expand its Corporate Headquarters to 2600 McCormick Drive, Clearwater, Florida 33759. b. Annual Report: i. Evidence of satisfaction of information in the Company Application dated November 5, 2013, and the Attachment Form DR-418 must be provided in the Annual Report to the Economic Development and Housing Department on or before March 1st of each year for which the Exemption is granted. The Company shall also timely comply with all filings required pursuant to F.S. s.196.011. c. Tangible Personal Property Investment: i. MarineMax, Inc. shall purchase new furniture, fixtures and equipment including computer equipment. The anticipated date of purchase is in the calendar year 2014. The estimated budget amount is $2.0 million; d. New Jobs: i. MarineMax, Inc. represents that as of November 5, 2013; the company employs 99 current full-time employees at its City of Clearwater facility and shall create 30 new jobs. The Company Attachment number 1 \nPage 3 of 7 Item # 2 3 will add 10 jobs by September 1, 2015, 10 jobs by September 1, 2016, and 10 jobs by September 1, 2017. e. Wages: i. MarineMax, Inc. represents that the average annual wage of all new jobs shall together be no less than $65,000. f. Other Council Considerations for Exemption Determination: i. MarineMax, Inc. shall strive to use local suppliers, where available; ii. MarineMax, Inc. shall strive to hire employees located within City of Clearwater; iii. MarineMax, Inc. shall strive continue to provide training opportunities for new and existing employees; iv. MarineMax, Inc. shall continue to strive to be innovative in nature as the country’s largest boat retailer. 4. Ordinance No. 8535-14 Requirements. MarineMax, Inc. shall abide by all other requirements as defined in Ordinance No. 8535-14. 5. Council Revocation. a. If MarineMax, Inc. fails to satisfy the Business Maintenance and Continued Performance Conditions set forth in Section 3 of this Agreement, the Council may, upon 30 days written notice to MarineMax, Inc., adopt an ordinance revoking the ad valorem tax exemption or take such other action with respect to the MarineMax, Inc. Ad Valorem Exemption it deems appropriate. b. Upon Revocation, the Council shall immediately notify the Pinellas County Property Appraiser; c. If it is determined that for any year within the Exemption Period, MarineMax, Inc. was not entitled to receive such Exemption, MarineMax, Inc. may be subject to the taxes exempted in that year as a result of such failure plus annual interest at the maximum rate allowed by law; d. Nothing herein shall prohibit MarineMax, Inc. from reapplying for an ad valorem tax exemption pursuant to State law. 6. Assignment. Except as hereinafter provided, neither this Agreement nor any rights, privileges, or claims created by this Agreement may be transferred by MarineMax, Inc. without the prior written approval of the City, which approval will not be unreasonably withheld, conditioned or delayed; provided that MarineMax, Inc. may assign this Agreement to any affiliate that assumes in writing all of MarineMax, Inc. obligations under this Agreement and provides Attachment number 1 \nPage 4 of 7 Item # 2 4 written notice of the assignment to the City within thirty (30) days after such assignment. Any attempted assignment in breach of this Agreement shall be void. 7. Controlling Law. This Agreement is entered into pursuant to the laws of the State of Florida, and shall be construed and enforced thereunder. In the event of litigation for any alleged breach of this Agreement, exclusive jurisdiction and venue for such litigation shall be in the Circuit Court of the Sixth Judicial District, in and for City of Clearwater, Florida, or the United States District Court for the Middle District of Florida, Tampa Division. In the event of any litigation concerning this Agreement, the parties waive all rights to a jury trial. 8. Notice. Any notices required under this Agreement shall be in writing and be addressed to the parties as shown below. Notices shall be delivered by certified or registered first class mail or by commercial courier service, and shall be deemed to have been given or made as of the date received. City of Clearwater Attn: Director, Economic Development & Housing Dept 112 S. Osceola Ave Clearwater, FL 33756 727-562-4023 or 727-562-4031 MarineMax, Inc. Attn: Sam Lowrey 2600 McCormick Drive Clearwater, FL 33759 (727) 531-1700 x 10110 9. Force Majeure. Notwithstanding anything contained in the Act or this Agreement to the contrary, and subject to the terms of this Section, MarineMax, Inc. failure to perform its obligations under this Agreement, other than with respect to the payment of money or the giving of any notice required hereunder, shall not be a default, and no disqualification shall occur as a result thereof, if any such failure or delay is due in whole in part to acts of God; acts of public enemy; war; riot; sabotage; blockage; embargo; failure or inability to secure materials, supplies or labor through ordinary sources by reason of shortages or priority; labor strikes, lockouts or other labor or industrial disturbance (whether or not on the part of agents or employees of either party hereto engaged in renovation or construction at the Facility); civil disturbance; terrorist act; fire, flood, windstorm, hurricane, earthquake or other casualty; any law, order, regulation or other action of any governing authority; any action, inaction, order, ruling, moratorium, regulation, statute, condition or other decision of any governmental agency having jurisdiction over any portion of the Facility, over the renovation or construction anticipated to occur thereon or over any uses thereof, or by delays in inspections or in issuing approvals by private parties or permits by governmental agencies; discovery of hazardous or toxic materials; failure of the Internet; failure of power, telecommunication, data connectivity or other services to be delivered to the Facility by any third party including any local utility provider; delays caused by any dispute resolution process; or any cause whatsoever beyond the reasonable control (excluding financial inability) of the party whose performance is required hereunder, or any of its contractors or other representatives, whether or not similar to any of the causes hereinabove stated. Attachment number 1 \nPage 5 of 7 Item # 2 5 10. Conflicting Law; Severability. If a Conflicting Law is enacted after the Effective Date, then the City and MarineMax, Inc. shall meet and confer in good faith for a period of no less than thirty (30) and no more than ninety (90) days to seek to effectuate an amendment to this Agreement providing the City and MarineMax, Inc. with the rights and remedies intended to be provided herein. Nothing herein shall preclude either the City or MarineMax, Inc. from challenging the validity of any Conflicting Law. Each provision in this Agreement is severable. If any such provision is determined to be invalid or illegal, the validity and enforceability of the remainder of this Agreement shall be unaffected. If the Economic Development Ad Valorem Tax Exemption, or any portion thereof, is deemed by a court of competent jurisdiction to be ultra vires or not authorized by the laws or Constitution of the State of Florida, then the City shall use reasonable efforts to provide equivalent incentives to MarineMax, Inc. as allowed by law. 11. Term. The term of this Agreement shall commence on the date of last signatory hereto (the “Effective Date”) and, unless sooner terminated, shall continue in force through December 31, 2018. 12. Amendments. This Agreement shall not be changed except by written instrument signed by all the parties. 13. Binding Effect and Effectiveness; Representations and Warranties. a. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties and their respective successors and assigns, notwithstanding changes in corporate or other governance. b. MarineMax, Inc. represents and warrants to the City that as of the date hereof and throughout the term of this Agreement: i. MarineMax, Inc. is a for profit corporation, duly organized under the laws of the State of Florida, maintains a place of business within the State of Florida, and is validly existing and is doing business in the State of Florida as MarineMax, Inc. ii. MarineMax, Inc. has the power and authority to own its properties and assets and to carry on its business as now being conducted and has the power and authority to execute and perform this Agreement; iii. This Agreement (a) is the lawful, valid and binding agreement of MarineMax, Inc. in its corporate name enforceable against MarineMax, Inc. in accordance with its terms; (b) does not violate any order of any court or other agency of government binding on MarineMax, Inc., the charter documents of Instruments Transformers, Inc. or any provision of any indenture, agreement or other instrument to which MarineMax, Inc. is a party; and (c) does not conflict with, result in a breach of, or constitute an event of default, or an event which, with notice or lapse of time, or both, Attachment number 1 \nPage 6 of 7 Item # 2 6 would constitute an event of default, under any material indenture, agreement or other instrument to which MarineMax, Inc. in its corporate name is a party; iv. MarineMax, Inc. has not received written notice of any action having been filed against MarineMax, Inc. that challenges the validity of this Agreement or MarineMax, Inc. right and power to enter into and perform this Agreement; and 14. Effective Date. This Agreement shall be effective on the date of the last signatory hereto. IN WITNESS WHEREOF, the City and MarineMax, Inc. have executed the Agreement as of the date first above written. MarineMax, Inc. WITNESSES: ______________________________ _ By: ___________________________________ (Signature) _______________________________ William McGill (Print Name) _______________________________ Title: Chief Executive Officer (Signature) _______________________________ Date: ___________________________________ (Print Name) CITY OF CLEARWATER, FLORIDA By: __________________________________ William B. Horne II City Manager Approved as to form: Attest: _______________________________ ________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 7 of 7 Item # 2 Sanderson, Denise Subject: FW: Tax Exemption Application From: Sam Lowrey [ mailto :Sam.Lowrey(aMarineMax.com] Sent: Thursday, February 13, 2014 8:56 AM To: Sanderson, Denise Subject: RE: Tax Exemption Application Denise — Thank you for your professionalism and assistance in working with MarineMax on our application for the Economic Development Ad Valorem Tax Exemption. Fully understanding the impact of the tax reduction, we would prefer to withdraw our application. We appreciate all that the city has done and look forward to a long standing relationship with the community. We are still committed to relocating our corporate offices to 2600 McCormick Drive in Clearwater. Thank you — Sam Sam Lowrey Director of Real Estate MarineMax To see our brands, visit www.marinemax.com Phone: (727) 531 -8150 x10196 Mobile: (727) 207 -9037 1 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Present Economic Development Strategic Plan 2013 Accomplishments. (WSO) SUMMARY: The Economic Development Strategic Plan was adopted in November 2011. The Plan’s guiding principles include pursuit of tax base diversification, higher paying jobs, and business vitality to achieve economic vitality. Specifically, the Plan establishes 5 goals, 18 Strategies, and 64 Action Items, which together provide a roadmap for implementation. To evaluate progress toward the goals established by the Plan, staff will present an overview of the 2013 Areas of Focus and Accomplishments and will preview the work program for 2014. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 3 City of Clearwater - Economic Development Strategic Plan 2013 Announced Projects Company Name Industry Current New Time (Yrs) Average Wages* M&E/FF&E Facility & Land $ Total Square Feet New Construction or Existing Incentive Type Local Incentive $ ** QTI $ 42,900 EDAVTE $ 1,486,141 Utility Tax Exemption $ 186,400 Cash/Other $ 275,000 Audemars Piguot Other EXPANSION (Relocation within Clearwater) 34 13 2 * Unknown $ 3,150,000 $ 3,150,000 28,710 E None $ - Renovation of long-vacant facility. Swiss mfr. This facility does repairs of very high end watches. Orange Business Services IT NEW (Relocation from unincorporated Clearwater) 0 124 Unknown * $ 450,000 Lease $ 450,000 19,288 E None $ - UNKNOWN QTI $ 17,500 * 54 jobs will relocate from St. Pete. Actual new job creation for Pinellas is 11 QTI transfer from St. Pete ED AVTE $ 168,472 Under joint application with Skye Lane Properties, LLC, an affiliated company Fee Waiver/ Reimbursement $ 60,000 Skye Lane Properties: For construction of Parking Deck GreatCircle Studios IT EXPANSION (Relocation within Clearwater) 6 6 2 * $ - $ - $ - 1,810 E Rental Assistance Loan $ 20,000 Provided rental assistance loan in Tech District. Converts to grant with successful 5 yr lease. MarineMax, Inc.HQ (Marine)EXPANSION (Relocation within Clearwater) 99 30 3 $ 65,000 $ 2,000,000 Lease $ 2,000,000 30,000 E EDAVTE - Pending $ - Tangible only tax exemption proposed but not awarded in 2013. Monin, Inc Mfg EXPANSION 120 10 Unknown *700,000$ 700,000$ 8,067 N None $ - Expansion on existing land Geo SynTech Prof Svces NEW (Relocation from Oldsmar) 0 5 5 *50,000$ Lease Unknown 3,800 E None -$ New office; Relocated from Oldsmar West Coast Medical Resources Mfg EXPANSION 27 10 2 47,851$ Unknown 700,000$ 700,000$ 11,000 N QTI 10,000$ Expansion of existing facility 600 Cleveland St IT District OTHER --------E Master Lease Parking Agreement 34,646$ To facilitate expansions of company(ies) within the building. Current New Avg Time (Yrs) Average Wages*** M&E/FF&E Facility & Land $ Total Square Feet New Construction or Existing 722 526 2.4 47,917$ 23,200,000$ 45,750,000$ 71,000,000$ 227,067 SF New Const 2,301,059$ 108,608 SF Leased 335,675 SF TOTAL * Wage information for some companies is considered confidential and is not to be publicly disclosed. *** All wage data, including confidential wage information, was used to calculate average wages. Incentives Local Incentive $ ** ** Additional incentive approved for Project Poof in February, 2013. Company has not yet announced decision to relocate from Maryland. Therefore, incentive value is not reflected in this table. TOTAL Employment in Clearwater Investment Facility Notes 92% increase in size of facility, 60% increase in employmeent NEW (Relocation from St. Pete) 0 65 1 $ 87,000 $ 200,000 $ 14,800,000 $ 15,000,000 Acquired 148K SF; will occupy 25K SF; will lease balance to tenants $ 20,600,000 $ 26,400,000 Investment $ 49,000,000 208,000 NInstrument Transformers 436 263 2 * Incentives Facility Relocation or Expansion or New Business to Clearwater Project E Heritage Property & Casualty Insurance Company EXPANSIONMfg Finance & Insurance Employment in Clearwater Attachment number 1 \nPage 1 of 1 Item # 3 0% 10% 20% 30% 40% 50% 60% 70% 80% 20 0 4 20 0 5 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 20 1 3 Distribution of Assessed Property Values Residential Commercial Government & Institutional Other* *Includes industrial, personal & other property 0% 50% 100% 2013 4Q 2012 4Q 2011 4Q Class A Office Occupancy Downtown Only Excluding Downtown 0 200 400 600 800 1000 FY 10-11 FY 11-12 FY 12-13 New Businesses** QTR1 QTR2 QTR3 QTR4 ** Based upon number of business entities filing Business Tax Receipt 0% 10% 20% 30% Bachelor Master Professional Doctorate >25 Yrs Old with Bachelor's Degree or Higher City of Clearwater US Capital Investment New Job Creation Economic Impact Construction M&E/FF&E Direct Jobs Indirect/ Induced Jobs Average Wages (Direct Only) 10 Yrs, County-Wide $45.8 Million $23.2 Million 526 594 $47,917 $581.0 Million 2013 Economic Development Strategic Plan – Performance Metrics Source: 2012 American Community Survey 1-Year Estimates Note: Figures above reflect only those projects for which direct assistance was provided Economic Development Staff Source: Colliers International Attachment number 2 \nPage 1 of 1 Item # 3 EC O N O M I C DE V E L O P M E N T ST R A T E G I C P L A N 20 1 3 A c c o m p l i s h m e n t s Attachment number 3 \nPage 1 of 23 Item # 3 Ad o p t e d N o v e m b e r 2 0 1 1 Attachment number 3 \nPage 2 of 23 Item # 3 Gu i d i n g P r i n c i p l e s Ta x B a s e D i v e r s i f i c a t i o n Hi g h e r P a y i n g J o b s Bu s i n e s s V i t a l i t y Bu s i n e s s V i t a l i t y Attachment number 3 \nPage 3 of 23 Item # 3 5 G o a l s La n d U s e In v e s t m e n t C l i m a t e Bu s i n e s s R e t e n t i o n & E x p a n s i o n Bu s i n e s s R e t e n t i o n & E x p a n s i o n Bu s i n e s s D e v e l o p m e n t Ta l e n t & P l a c e 18 S t r a t e g i e s , 6 4 A c t i o n I t e m s Attachment number 3 \nPage 4 of 23 Item # 3 6 P r i o r i t y S t r a t e g i e s Em p l o y m e n t C e n t e r A l o n g U S 1 9 Te c h n o l o g y D i s t r i c t i n C R A Me d i c a l D i s t r i c t i n M o r t o n P l a n t A r e a In c e n t i v e P o l i c y & N e w T o o l s f o r D e s i r e d In c e n t i v e P o l i c y & N e w T o o l s f o r D e s i r e d De v e l o p m e n t Bu s i n e s s R e t e n t i o n & E x p a n s i o n P r o g r a m Pu b l i c A m e n i t i e s & A e s t h e t i c s Attachment number 3 \nPage 5 of 23 Item # 3 Ta r g e t I n d u s t r y S e c t o r s Attachment number 3 \nPage 6 of 23 Item # 3 20 1 3 A r e a s o f F o c u s De v e l o p I n c e n t i v e P r o g r a m s & T o o l s Im p l e m e n t B R E P r o g r a m Su p p o r t & E n g a g e T e c h n o l o g y D i s t r i c t De v e l o p Z o n i n g O v e r l a y & D e s i g n De v e l o p Z o n i n g O v e r l a y & D e s i g n St a n d a r d s f o r U S 1 9 C o r r i d o r * De v e l o p & I m p l e m e n t E l e m e n t s o f Ma r k e t i n g P l a n Es t a b l i s h B e n c h m a r k s & M e a s u r e S u c c e s s *L o n g R a n g e P l a n n i n g a c t i v i t y . O v e r v i e w w i l l b e p r o v id e d a t a f u t u r e d a t e . Attachment number 3 \nPage 7 of 23 Item # 3 In c e n t i v e P r o g r a m s Us e d t o e n c o u r a g e j o b c r e a t i o n , c a p i t a l in v e s t m e n t , h i g h w a g e s a n d en t r e p r e n e u r s h i p QT I ( 1 0 % L o c a l M a t c h ) Ec o n o m i c D e v e l o p m e n t A d V a l o r e m T a x Ex e m p t i o n Vi r t u a l I n c u b a t o r P r o g r a m * * T e c h D i s t r i c t / C R A O n l y Attachment number 3 \nPage 8 of 23 Item # 3 In c e n t i v e T o o l s Pr o j e c t - s p e c i f i c , p r o v i d e f l e x i b i l i t y , e n h a n c e co m p e t i t i v e n e s s & s u p p o r t d e s i r e d de v e l o p m e n t Pu b l i c S e r v i c e U t i l i t y T a x E x e m p t i o n Fe e W a i v e r / R e i m b u r s e m e n t Re n t a l A s s i s t a n c e A g r e e m e n t * Ma s t e r L e a s e P a r k i n g A g r e e m e n t * Ot h e r – e . g . F a s t T r a c k P e r m i t t i n g * T e c h D i s t r i c t / C R A O n l y Attachment number 3 \nPage 9 of 23 Item # 3 Ap p r o v e d I n c e n t i v e s PR O J E C T NA M E QT I ED AV T E PS U T F E E S R E N T V I P MLPA OTHER Ba n n e r ( I T I ) * X X X X X Gr e a t C i r c l e St u d i o s X X St u d i o s Po o f X Sk y e L a n e / He r i t a g e X X X Wo o d s t o r k X 60 0 Cl e v e l a n d S t X *N e g o t i a t e d p e r a u t h o r i t y p r o v i d e d i n R e s 1 3 - 2 1 , s o m e e l e m e n t s p e n d i n g f i n a l a p p r o v a l b y C o u n c i l Attachment number 3 \nPage 10 of 23 Item # 3 Bu s i n e s s R e t e n t i o n & E x p a n s i o n Ad d e d N e w S t a f f Us e d S a l e s f o r c e t o T r a c k B u s i n e s s Da t a a n d A c t i v i t i e s Jo b C r e a t i o n Wa g e s In v e s t m e n t Bu s i n e s s V i s i t s Attachment number 3 \nPage 11 of 23 Item # 3 Bu s i n e s s R e t e n t i o n & E x p a n s i o n Im p l e m e n t e d N e w B R E P r o t o c o l s Co n d u c t e d 2 8 4 B u s i n e s s V i s i t s Cr e a t e d / U p d a t e d R e s o u r c e s , F l y e r s , We b L a n d i n g P a g e We b L a n d i n g P a g e Cr e a t e d S o c i a l M e d i a G r o u p ( L i n k e d I n ) Wi t h T a m p a B a y P a r t n e r s h i p , De v e l o p e d M e d i c a l A s s e t M a p * *I n t e r n w o r k e d w i t h s t a f f a n d T a m p a B a y P a r t n e r s h i p t o d e v e l o p H e a l t h & H u m a n P e r f o r m a n c e A s s e t M a p Attachment number 3 \nPage 12 of 23 Item # 3 Te c h n o l o g y D i s t r i c t Id e n t i f i e d 1 2 T e c h C o m p a n i e s w i t h 5 0 0 - 6 0 0 Em p l o y e e s TH E N Fo r m e d T e c h n o l o g y C o u n c i l ( 6 M e m b e r s ) Co n d u c t e d I T I n f r a s t r u c t u r e S t u d y Attachment number 3 \nPage 13 of 23 Item # 3 Id e n t i f i e d 2 4 T e c h C o m p a n i e s E m p l o y i n g > 8 0 0 En c o u r a g e d P r o p e r t y O w n e r s t o I n v e s t t o NO W Te c h n o l o g y D i s t r i c t At t r a c t / R e t a i n I T B u s i n e s s e s La u n c h e d V i r t u a l I n c u b a t o r P r o g r a m Ap p r o v e d I n c e n t i v e s t o E n c o u r a g e E x p a n s i o n Ex p a n d e d t h e T e c h n o l o g y C o u n c i l Attachment number 3 \nPage 14 of 23 Item # 3 Cl e a r w a t e r T e c h A l l i a n c e . o r g IN N O V A T I O N ▪ I N V E S T M E N T ▪ M E N T O R S H I P ▪ E D U C A T I O N ▪ A R E A PR O M O T I O N ▪ Q U A L I T Y O F L I F E Attachment number 3 \nPage 15 of 23 Item # 3 Ma r k e t i n g De v e l o p e d M a r k e t i n g P l a n So c i a l M e d i a We b s i t e Pr e s s R e l e a s e s Pr e s s R e l e a s e s Co l l a t e r a l M a t e r i a l s Ad v e r t i s i n g E- C o m m u n i c a t i o n s Attachment number 3 \nPage 16 of 23 Item # 3 Co m m u n i t y B e n c h m a r k s DA T A T A R G E T S O U R C E Co m m u n i t y Cl a s s A O c c u p a n c y - A L L 9 0 % C o l l i e r s I n t e r n a t i o n a l Ta x B a s e D i v e r s i f i c a t i o n Y : Y + C i t y F i n a n c e D e p t Ne w B u s i n e s s F o r m a t i o n Y : Y + C i t y B u s i n e s s T a x R e c e i p t s Ed u c a t i o n A t t a i n m e n t U S R a t e U S C e n s u s B u r e a u Attachment number 3 \nPage 17 of 23 Item # 3 20 1 3 R e s u l t s Co m m u n i t y D a t a Ty p e Ta r g e t o r Co m p a r i s o n 20 1 3 R e s u l t s v s T a r g e t Cl a s s A - A L L 8 6 . 5 % - 3 . 5 % 90 % Cl a s s A - D o w n t o w n O n l y 8 5 . 1 % - 4 . 9 % Cl a s s A - A l l O t h e r 8 6 . 1 % - 3 . 9 % Ta x B a s e D i v e r s i f i c a t i o n * 2 0 1 2 : 3 6 % 3 8 . 0 % + 1 . 7 % Ne w B u s i n e s s F o r m a t i o n 2 0 1 2 : 6 8 3 9 2 7 + 2 4 4 Ed u c a t i o n A t t a i n m e n t U S : 2 9 . 1 % 3 0 . 9 % + 1 . 8 % *A s a p e r c e n t o f n o n - r e s i d e n t i a l t a x b a s e Attachment number 3 \nPage 18 of 23 Item # 3 Pr o j e c t B e n c h m a r k s DA T A T A R G E T S O U R C E Di r e c t A s s i s t a n c e Ca p i t a l I n v e s t m e n t Y : Y + SF N e w C o n s t r u c t i o n Y: Y + Co m p a n y p r o v i d e d d a t a ; Au d i t e d a s r e q u i r e d b y Pr o g r a m C r i t e r i a SF N e w C o n s t r u c t i o n Y: Y + Av g W a g e s o f N e w J o b s 1 2 5 % ( P i n e l l a s ) # C o m p a n i e s A s s i s t e d 1 0 / Y r Ne w J o b s C r e a t e d * 2 5 0 / Y r Jo b s R e t a i n e d Y : Y + Ne w J o b s - I n d i r e c t / I n d u c e d Y : Y + Im p a c t D a t a S o u r c e In c e n t i v e s v s I m p a c t Y : Y + I m p a c t D a t a S o u r c e Attachment number 3 \nPage 19 of 23 Item # 3 20 1 3 R e s u l t s Di r e c t A s s i s t a n c e Ty p e Ta r g e t o r Co m p a r i s o n 20 1 3 R e s u l t s v s T a r g e t Ca p i t a l I n v e s t m e n t N o D a t a $7 1 . 0 M i l l i o n - SF N e w C o n s t r u c t i o n No D a t a 22 7 , 0 6 7 S F - SF N e w C o n s t r u c t i o n No D a t a 22 7 , 0 6 7 S F - Av g W a g e s o f N e w J o b s $ 5 2 , 2 6 3 $4 7 , 9 1 7 91.7% # o f C o m p a n i e s A s s i s t e d 1 0 / Y r 10 100.0% Ne w J o b s C r e a t e d * 2 5 0 / Y r 52 6 210.4% Jo b s R e t a i n e d N o D a t a 72 2 - Ne w J o b s - I n d i r e c t / I n d u c e d N o D a t a 5 9 4 - In c e n t i v e s v s I m p a c t N o D a t a 0 . 3 9 6 % - Attachment number 3 \nPage 20 of 23 Item # 3 20 1 4 G o a l s In c e n t i v e s P o l i c y Bu s i n e s s R e t e n t i o n & E x p a n s i o n Ta r g e t I n d u s t r i e s Ar e a s : H e r c u l e s , U S 1 9 C o r r i d o r Di s t r i c t s : T e c h & M e d i c a l Ne w B u s i n e s s D e v e l o p m e n t Vi r t u a l I n c u b a t o r P r o g r a m Co o r d i n a t e d S u p p o r t f o r S t a r t - U p s Attachment number 3 \nPage 21 of 23 Item # 3 20 1 4 G o a l s Ma r k e t i n g & P r o m o t i o n Hi r e E D S p e c i a l i s t Im p l e m e n t E l e m e n t s o f M a r k e t i n g P l a n Ex p a n d u s e o f S a l e s f o r c e Do c u m e n t & M a n a g e A c t i v i t i e s Us e D a t a t o D r i v e M a r k e t i n g Attachment number 3 \nPage 22 of 23 Item # 3 EC O N O M I C DE V E L O P M E N T ST R A T E G I C P L A N 20 1 3 A c c o m p l i s h m e n t s Attachment number 3 \nPage 23 of 23 Item # 3 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Approve the first renewal of a Purchase Order, in the amount of $350,000, with Heath Consultants, Inc., to provide natural gas line locating services, and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Gas System (CGS) is requesting to continue the outsourcing of our Gas Line Spotting function over the next year, in order to focus on the continued training and development of new employees and have them perform into more critical job functions within CGS operations. Several employees are actively working on the installation of Automated Meter Reading (AMR) endpoints, for each gas meter outside the City of Clearwater limits. This project is being performed 100% in-house with no assistance from a third party vendor. Florida law requires anyone who plans to dig and/or perform excavation activities in the right of way or on private property to call the FL Sunshine One-Call center and place a ticket 48 hours prior to performing the excavation. Once CGS receives the locate ticket, a Line Spotter goes out to the site and marks the approximate location of our gas lines, usually with flags and spray paint. This will inform the contractor/excavator of the approximate location of our facilities once they commence excavation. Heath was selected in 2013 based on their response to RFP 04-13, Natural Gas Distribution Main and Service Line Locating. Heath has agreed in writing to hold their contract prices the same for the next year. In 2013, CGS received approximately 32,100 locate tickets from the FL Sunshine One-Call center. CGS projects the ticket count will increase in 2014/15 as construction activities increase. CGS has been very pleased with Heath's work during the past year. CGS has budgeted funds available in account codes 423-02066 (Pinellas Gas Maintenance) and 423-02173 (Pasco Gas Maintenance). Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:350,000 Annual Operating Cost:350,000 Not to Exceed:350,000 Total Cost:350,000 For Fiscal Year:10/1/2013 to 9/30/2014 Appropriation Code Amount Appropriation Comment 423-02066-530300-532- 000-0000 245,000 Pinellas Gas Maintenance 423-02173-530300-532- 000-0000 105,000 Pasco Gas Maintenance Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 4 Attachment number 1 \nPage 1 of 1 Item # 4 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Approve a Service Agreement with Florida Gas Transmission for the transportation of natural gas supply under Rate Schedule FTS-2, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater has two separate agreements with Florida Gas Transmission (FGT) to reserve space within their pipeline to transport natural gas supply to our four gate station delivery points. Both agreements provide the same service, however, at different rate schedules. The Agreement that is requested for renewal is for the Firm Transportation Service 2 (FTS-2) Service Agreement. Currently, the Federal Energy Regulatory Commission (FERC) approved FTS-2 transportation rate is $0.7185 per Dekatherm (Dth) of natural gas supply. The City’s maximum gas supply entitlements are listed below: May - October: 248,032 Dth (1,348 per day) November - April: 322,361 Dth (1,781 per day) Total capacity: 570,393 Dth Rate per Dth: $0.7185 (FERC approved FTS-2 rate) Total annual cost: $409,827.37 The new FTS-2 Service agreement will have an expiration date of 2/28/2025. In addition, no changes are being made to the supply entitlements or rates; therefore, no additional money is required for the transportation service. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:409,827.37 Annual Operating Cost:409,827.37 Not to Exceed:409,827.37 Total Cost:409,827.37 For Fiscal Year:10/1/2013 to 9/30/2014 Appropriation Code Amount Appropriation Comment 423-02078-531400-532- 000-0000 409,827.37 Natural Gas Demand charges Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 5 1300 Main Street | Houston, Texas 77002 | (713) 989-7000 January 30, 2014 Ms. Katie Henneman Florida Gas Utility 4619 N.W. 53rd Avenue Gainesville, FL 32653 RE: Agreement by and between Florida Gas Transmission Company (“FGT”) and City of Clearwater, amending FTS-2 Contract 6096 Dear Ms. Henneman: Pursuant to Docket RP11-1673, FGT’s procedure for a contract extension has changed. A new pro forma agreement that supersedes and cancels the previous agreement will be tendered to conform to the revised tariff language. 1. FTS-2 Contract 6096, earlier aggregated into FTS-2 Contract 3630, is set to expire on February 28, 2015. This contract has the extension option for Right of First Refusal; therefore, the attached extends through February 28, 2025. 2. The effective date has been left blank in order to allow City of Clearwater the preferred effective date. 3. Since FTS-2 Contract 6096 was aggregated into FTS-2 Contract 3630, Exhibits A and B are not included. 4. The Right of First Refusal provision is included under Article V, Section 5.1. Please review the agreement, and advise should you have any questions. If in agreement, please execute and return both by mail to my attention at the address below. Once the documents have been fully executed, one set will be forwarded by mail to your attention for your records. Kind regards, Sherry ForbishSherry ForbishSherry ForbishSherry Forbish Sherry Forbish Senior Contract Specialist Attachments cc: Mr. Mike Taran Attachment number 1 \nPage 1 of 1 Item # 5 FOR INTERNAL USE ONLY Request No. 165444 Contract No. 6096 Legal Entity No. 4094 DUNS No. 806734992 SERVICE AGREEMENT Firm Transportation Service - Market Area Rate Schedule FTS-2 Contract No. 6096 THIS AGREEMENT entered into this _____ day of ________________________, 2014, by and between Florida Gas Transmission Company, LLC, a limited liability company of the State of Delaware (herein called "Transporter"), and CITY OF CLEARWATER (herein called "Shipper"), W I T N E S S E T H NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, the sufficiency of which is hereby acknowledged, Transporter and Shipper do covenant and agree as follows: ARTICLE I Definitions In addition to the definitions incorporated herein through Transporter's Rate Schedule FTS-2, the following terms when used herein shall have the meanings set forth below: 1.1 The term "Rate Schedule FTS-2" shall mean Transporter's Rate Schedule FTS-2 as filed with the FERC and as may be changed and adjusted from time to time by Transporter in accordance with Section 4.2 hereof or in compliance with any final FERC order affecting such rate schedule. 1.2 The term "FERC" shall mean the Federal Energy Regulatory Commission or any successor regulatory agency or body, including the Congress, which has authority to regulate the rates and services of Transporter. 1.3 The term "Facilities" shall mean any facilities necessary to render service under this Agreement. 1.4 The term "In-Service Date" shall mean the date the Facilities, as defined in 1.3, shall go into service. ARTICLE II Quantity 2.1 The Maximum Daily Transportation Quantity ("MDTQ") is set forth on a seasonal basis, and by Division if applicable, on Exhibit B attached hereto as the same may be amended from time to time. The applicable MDTQ shall be the largest daily quantity of gas expressed in MMBtu, that Transporter is obligated to transport and make available for delivery to Shipper under this Service Agreement on any one day. 2.2 During the term of this Agreement, Shipper may tender natural gas for transportation to Transporter on any day, up to the MDTQ plus Transporter's fuel, if applicable. Transporter agrees to receive the aggregate of the quantities of natural gas that Shipper tenders for transportation at the Receipt Points, up to the maximum daily quantity ("MDQ") specified for each receipt point as set out on Exhibit A, plus Transporter's fuel, if applicable, and to transport and make available for delivery to Shipper at each Delivery Point specifi ed on Exhibit B, up to the amount scheduled by Transporter less Transporter's fuel, if applicable (as provided in Rate Schedule FTS-2), provided however, that Transporter shall not be required to accept for transportation and make available for delivery more than the MDTQ on any day. ARTICLE III Payment and Rights in the Event of Non-Payment 3.1 Upon the commencement of service hereunder, Shipper shall pay Transporter, for all service rendered hereunder, the rates established In Article IV herein. 3.2 Termination for Non-Payment. In the event Shipper fails to pay for the service provided under this Agreement, pursuant to th e condition set forth in Section 15 of the General Terms and Conditions of Transporter's FERC Gas Tariff, Transporter shall have the righ t to suspend or terminate this Agreement pursuant to the condition set forth in said Section 15. Attachment number 2 \nPage 1 of 5 Item # 5 ARTICLE IV Rates and Terms and Conditions of Service 4.1 This Agreement in all respects shall be and remain subject to the provisions of Rate Schedule FTS-2 and of the applicable provisions of the General Terms and Conditions of Transporter on file with the FERC (as the same may hereafter be legally amended or superseded), all of which are made a part hereof by this reference. 4.2 Transporter shall have the unilateral right to file with the appropriate regulatory authority and seek to make changes in (a) the rates and charges applicable to its Rate Schedule FTS-2, (b) Rate Schedule FTS-2 including the Form of Service Agreement and the existing Service Agreement pursuant to which this service is rendered; provided however, that the firm character of service shall not be subje ct to change hereunder by means of a Section 4 Filing by Transporter, and/or (c) any provisions of the General Terms and Conditions of Transporter's Tariff applicable to Rate Schedule FTS-2. Transporter agrees that Shipper may protest or contest the aforementioned filings, or seek authorization from duly constituted regulatory authorities for such adjustment of Transporter's existing FERC Gas Tariff as may be found necessary in order to assure that the provisions in (a), (b) or (c) above are just and reasonable. 4.3 Not applicable. 4.4 Not applicable. ARTICLE V Term of Agreement 5.1 This Agreement shall become effective on 02/01/2014 and shall continue in effect through 02/28/2025. In accordance with the provisions of Section 20 of the General Terms and Conditions of the Transporter’s Tariff, Shipper has elected Right of First Refusal. 5.2 In the event the capacity being contracted for was acquired pursuant to Section 18.C.2 of Transporter's Tariff, then this Agreement shall terminate on the date set forth in Section 5.1 above. Otherwise, upon the expiration of the primary term and any extension or roll-over, termination will be governed by the provisions of Section 20 of the General Terms and Conditions of Transporter's Tariff. 5.3 For a Shipper in the business of generating and distributing electricity and who sign a Service Agreement with a term of twenty (20) years or more, in the event of the enactment of any statute or the issuance of any order, rule, or regulation by a state or federal governmental authority that changes the electric market structure in the State of Florida, Shipper shall have the right, upon three (3) ye ars prior written notice to Transporter, to terminate that portion of the firm quantity provided for in Shipper's Service Agreement utilized for electric generation at any time after the tenth anniversary of the commencement of the primary term of the Shipper's Service Agreement. 5.4 Shipper may buy out of a Service Agreement for all or a portion of its transportation capacity ("MDTQ") thereunder, at any time, by paying Transporter the net present value of Shipper's remaining reservation charge obligations for such capacity, discounted at a reasonable rate to be mutually agreed upon by the parties at the time of such buy-out. 5.5 Notwithstanding any other provision in this Agreement, after commencement of service under this Agreement, in the event that: (1) Shipper is capable of using gas; and (2) Transporter is unable to deliver Shipper's designated volumes at the specified Delivery Point(s) and at the pressures provided for in this Agreement for a period of two consecutive days ("Service Cessation"), Shipper shall have the right to reduce the MDTQ by the volumes not delivered, without costs or penalty, by providing written notice to Transporter within forty-five (45) days of such occurrence; provided, however, that if a Service Cessation occurs more than five (5) times in any calendar year, Ship per shall have the right to terminate this Agreement by providing written notice to Transporter within forty-five (45) days of such occurrence; provided further, however, that if Transporter's failure to deliver is due to events of Transporter's force majeure as defined in Rate Schedule FTS-2, Shipper shall have the right to terminate or to reduce the MDTQ only in the event such force majeure continues for more than one hundred eighty-five (185) consecutive days of any three hundred sixty-five (365) day period. ARTICLE VI Point(s) of Receipt and Delivery and Maximum Daily Quantities 6.1 The Primary Point(s) of Receipt and maximum daily quantity for each Primary Point of Receipt, for all gas delivered by Sh ipper to Transporter under this Agreement shall be at the Point(s) of Receipt on the pipeline system of Transporter or any Transporting Pipeline as set forth in Exhibit A attached hereto, as the same may be amended from time to time. In accordance with the provisions of Sectio n 8.A. of Rate Schedule FTS-2 and Section 21.F. of the General Terms and Conditions of Transporter's Tariff, Shipper may request changes in its Primary Point(s) of Receipt. Transporter may make such changes in accordance with the terms of Rate Schedule FTS -2 and the applicable General Terms and Conditions of its Tariff. 6.2 The Primary Point(s) of Delivery and maximum daily quantity for each point for all gas made available for delivery by Transporter to Shipper, or for the account of Shipper, under this Agreement shall be at the Point(s) of Delivery as set forth in Exhibit B hereto, as same may be amended from time to time, and shall be in Transporter's Market Area; provided, however, that a Shipper who acquires a segment of FTS-2 capacity in the Western Division may only request new Delivery Points in Transporter's Western Division. In accordance with the provisions of Section 9.A. of Rate Schedule FTS-2 and Section 21.F. of the General Terms and Conditions of Transporter's Tariff, Shipper may request Attachment number 2 \nPage 2 of 5 Item # 5 changes in its Primary Point(s) of Delivery provided that such new requested Primary Delivery Points must be located in Transporter's Market Area; provided, however, that a Shipper who acquires a segment of FTS-2 capacity in the Western Division may only request new Delivery Points in Transporter's Western Division. Transporter may make such changes in accordance with the terms of Rate Schedule FTS-2 and the applicable General Terms and Conditions of its Tariff. Transporter is not obligated to accept changes where the new Primary Delivery point is also a delivery point under a Rate Schedule SFTS Service Agreement and the load to be served is an existing behind -the-gate customer of a Rate Schedule SFTS Shipper as defined in Section 11 of Rate Schedule SFTS. ARTICLE VII Notices All notices, payments and communications with respect to this Agreement shall be in writing and sent to Transporter's address posted on Transporter's Internet website or to Shipper's address stated below or at any other such address as may hereafter be designated in writing: Shipper: CITY OF CLEARWATER 400 NORTH MYRTLE AVE CLEARWATER FL 33755 Attention: BRIAN LANGILLE Telephone No. 727-562-4911 FAX No. 727-562-4903 ARTICLE VIII Construction of Facilities 8.1 To the extent that construction of new or requested facilities is necessary to prov ide service under this Service Agreement, such construction, including payment for the facilities, shall occur in accordance with Section 21 of the General Terms and Conditions of Transporter's Tariff. 8.2 Unless otherwise agreed to by the parties, Shipper is obligated to reimburse Transporter within fifteen (15) days of receipt of invoice for the costs of the construction of new or requested taps, meters, receipt and delivery point upgrades, and supply and delivery laterals and any other construction necessary to receive gas into, and deliver from, Transporter's existing or proposed facilities. To the extent such reimbursement qualifies as a contribution in aid of construction under the Tax Reform Act of 1986, P.L. 99-514 (1986), Shipper also shall reimburse Transporter for the income taxes incurred by Transporter as a direct result of such contribution in aid of construction by Shipper; as calculated pursuant to FERC's order in Transwestern Pipeline Company, 45 FERC Paragraph 61,116 (1988). Unless otherwise agreed to, Transporter shall have title to and the exclusive right to operate and maintain all such facilities. ARTICLE IX Regulatory Authorizations and Approvals Transporter's obligation to provide service is conditioned upon receipt and acceptance of an y necessary regulatory authorization, in a form acceptable to Transporter in its sole discretion, to provide Firm Transportation Service to Shipper in accordance with the te rms of Rate Schedule FTS-2, this Service Agreement and the General Terms and Conditions of Transporter's Tariff. ARTICLE X Pressure 10.1 The quantities of gas delivered or caused to be delivered by Shipper to Transporter hereunder shall be delivered into Transporter's pipeline system at a pressure sufficient to enter Transporter's system, but in no event shall such gas be delivered at a pressure exceeding the maximum authorized operating pressure or such other pressure as Transporter permits at the Point(s) of Receipt. 10.2 Transporter shall have no obligation to provide compression and/or alter its system operation to effectuate deliveries at the Point(s) of Delivery hereunder. 10.3 Not applicable ARTICLE XI – Not Applicable ARTICLE XII Miscellaneous 12.1 (a) This Agreement shall bind and benefit the successors and assigns of the respective parties hereto; provided however, that neither party shall assign this Agreement or any of its rights or obligations hereunder without first obtaining the written consent o f the other party, which consent shall not be unreasonably withheld. Attachment number 2 \nPage 3 of 5 Item # 5 (b) Shipper may also assign its rights under the Final Rate Cap but only in the event that such assignment is to third party that has a Moody's credit rating equal to or greater than that of Shipper. 12.2 No waiver by either party of any one or more defaults by the other in the performance of any provisions of this Agreement shall op erate or be construed as a waiver of any future defaults of a like or different character. 12.3 This Agreement contains Exhibits A and B which are incorporated fully herein. 12.4 THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REFERENCE TO ANY CONFLICT OF LAWS DOCTRINE WHICH WOULD APPLY THE LAWS OF ANOTHER JURISIDCTION. ARTICLE XIII Superseding Prior Service Agreements This Agreement supersedes and cancels the following Service Agreements between Transporter and Shipper: Contract No. 6096 dated 10/01/2000. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers effective as of the date first written above. TRANSPORTER SHIPPER FLORIDA GAS TRANSMISSION COMPANY, LLC CITY OF CLEARWATER By: ________________________________________ By: ________________________________________ Name: Robert E. Hayes Name: William B. Horne, II Title: Senior Vice President, Chief Commercial Officer Title: City Manager Date: ______________________________________ Date: ______________________________________ Countersigned: By: _______________________________________ Name: George N. Cretekos Title: Mayor APPROVED AS TO FORM: By: ________________________________________ Name: Laura Mahony Title: Assistant City Attorney ATTEST: By: ________________________________________ Name: Rosemarie Call Title: City Clerk Attachment number 2 \nPage 4 of 5 Item # 5 Attachment number 2 \nPage 5 of 5 Item # 5 FOR INTERNAL USE ONLY Request No. 165444 Contract No. 6096 Legal Entity No. 4094 DUNS No. 806734992 EXHIBIT C TO RATE SCHEDULE FTS-2 SERVICE AGREEMENT BETWEEN FLORIDA GAS TRANSMISSION COMPANY, LLC AND CITY OF CLEARWATER DATED 10/01/2000 Contract No. 6096 Amendment No. 2 Effective Date of this Exhibit C: 02/01/2014 The parties hereby agree: [Mark the applicable section(s) below for each amendment number.] ___ Realignment of Points ___ Contract Quantity ___ Administrative Contract Consolidation X Contract Extension Service Agreement Number 3630 – 6096 MDTQ April 1,781 May-Sept 1,348 October 1,348 Nov-Mar 1,781 Termination Date 02/28/2025 Extension Rights Right of First Refusal TRANSPORTER SHIPPER FLORIDA GAS TRANSMISSION COMPANY, LLC CITY OF CLEARWATER By: _____________________________________ By: ____________________________________ Robert E. Hayes Name:__________________________________ Senior Vice President, Chief Commercial Officer Title: __________________________________ Date: ___________________________________ Date: ___________________________________ Attachment number 3 \nPage 1 of 1 Item # 5 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Approve Concession Operations Agreement from March 1, 2014 through February 28, 2015 with Edward Bates, individually d/b/a Kinney’s Kitchen (Kinney's), to provide food concession services for programs and activities held at the EC Moore Softball Complex and authorize the appropriate officials to execute same. (consent) SUMMARY: On January 19, 2011, a Request for Proposal (RFP) was issued for food concession services at EC Moore Softball Complex. Only two proposals were received, one from Kinney's and the other from Rick’s Catering. Kinney's has been providing concession services for the City sporting events primarily held at EC Moore Complex for the past several years. During this time, Kinney's has provided excellent service to users and visitors to the Complex. The current agreement with Kinney's needs to be formalized into a Concession Operations Agreement rather than the more informal Contract Services Agreement we currently have with Kinney's. Kinney's will provide food concession services at EC Moore Softball Complex for City sponsored league games, special events and tournaments as well as providing portable concessions services at other athletic sites and facilities as needed and approved by Parks and Recreation Department Director. Under the Operation Agreement, Kinney's will pay a license fee equal to $26,000 per year. Staff is recommending shifting from a percent of gross sales to a flat monthly license fee since the financial oversight and reporting of the percent basis is difficult to manage and this assures the City of a set amount of revenue that can be budgeted in the general fund. The City will have the opportunity to renew the agreement on an annual basis up to four more additional years at which time a new RFP will be issued for renewed or new services. Fees received from Kinney’s in Fiscal Year 2010/11 were $20,706 and in 2011/12 was $ 23,796. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 6 Attachment number 1 \nPage 1 of 8 Item # 6 Attachment number 1 \nPage 2 of 8 Item # 6 Attachment number 1 \nPage 3 of 8 Item # 6 Attachment number 1 \nPage 4 of 8 Item # 6 Attachment number 1 \nPage 5 of 8 Item # 6 Attachment number 1 \nPage 6 of 8 Item # 6 Attachment number 1 \nPage 7 of 8 Item # 6 Attachment number 1 \nPage 8 of 8 Item # 6 Attachment number 2 \nPage 1 of 3 Item # 6 Attachment number 2 \nPage 2 of 3 Item # 6 Attachment number 2 \nPage 3 of 3 Item # 6 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Approve Event Agreement (Agreement) between the City and CBS Radio Stations, Inc. (CBS Radio) to use Coachman Park on March 8, 2014 to produce, organize and coordinate an outdoor concert event know as Wild Splash and authorize the appropriate officials to execute same. (consent) SUMMARY: CBS Radio has partnered with the City on several successful concerts over the past years; most recently with the Wild Splash Concerts. Wild Splash is one of the Class 3A events Council approved in the annual Special Events Agenda Item on April 18, 2013. This Class 3A event is produced by the Parks and Recreation Department with all costs being covered by revenues from the event. This agreement spells out the responsibilities of both CBS Radio and the City and other terms relating to the concert. It is similar to other concert agreements the City Council has approved. CBS Radio will cover all of the costs of the concert and the City will receive 100% of the gross revenue from concessions (beer, wine and Coke products). Any profits made from the event are deposited back into the Special Event Fund so that other concerts and events can be conducted for the residents of Clearwater at little or no cost i.e. Celebrate America, Fun N Sun etc. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 7 Attachment number 1 \nPage 1 of 6 Item # 7 Attachment number 1 \nPage 2 of 6 Item # 7 Attachment number 1 \nPage 3 of 6 Item # 7 Attachment number 1 \nPage 4 of 6 Item # 7 Attachment number 1 \nPage 5 of 6 Item # 7 Attachment number 1 \nPage 6 of 6 Item # 7 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: City staff recommendations on changes to the current parking program. (WSO) SUMMARY: The City of Clearwater Parking System staff, City Manager's office and Audit Department have researched and discussed needed changes to the current parking system. Proposed changes to current program include adding more metered spaces on the beach, adding a customer service office, permit and rate changes, and increase the hours of enforcement. Review Approval: Cover Memo Item # 8 CL E A R W A T E R CL E A R W A T E R BE A C H BE A C H PA R K I N G PA R K I N G Er i c W i l s o n Er i c W i l s o n Pa r k i n g S y s t e m Pa r k i n g S y s t e m En g i n e e r i n g D e p t . En g i n e e r i n g D e p t . Attachment number 1 \nPage 1 of 15 Item # 8 BE A C H P A R K I N G O V E R V I E W BE A C H P A R K I N G O V E R V I E W Pr o b l e m w i t h a s o l u t i o n Cu r r e n t p r o g r a m s Ne w p r o g r a m Ra t e i n c r e a s e Ra t e i n c r e a s e Ma r i n a i m p r o v e m e n t s Pa r k i n g e n f o r c e m e n t Ci t a t i o n m a n a g e m e n t / n e w t e c h n o l o g y Attachment number 1 \nPage 2 of 15 Item # 8 PA R K I N G S Y S T E M S PA R K I N G S Y S T E M S Pr o b l e m – W e c u r r e n t l y st r u g g l e m e e t i n g pa r k i n g d e m a n d o n Cl e a r w a t e r B e a c h , Cl e a r w a t e r B e a c h , es p e c i a l l y d u r i n g pe a k s e a s o n . So l u t i o n – A d d i t i o n a l pa r k i n g o p p o r t u n i t i e s on t h e b e a c h . Attachment number 1 \nPage 3 of 15 Item # 8 PA R K I N G S Y S T E M S PA R K I N G S Y S T E M S Cu r r e n t l y , w e h a v e 1, 1 7 0 m e t e r e d sp a c e s t h a t in c l u d e s i n g l e a n d mu l t i -sp a c e mu l t i -sp a c e me t e r s . We a n t i c i p a t e ad d i n g ap p r o x i m a t e l y 2 2 0 sp a c e s . Attachment number 1 \nPage 4 of 15 Item # 8 LO C A T I O N S O F N E W S P A C E S LO C A T I O N S O F N E W S P A C E S No r t h M a n d a l a y A v e n u e Po i n s e t t i a A v e t o J u a n i t a W a y Ro c k a w a y S t r e e t ( s o u t h s i d e ) Av a l o n a n d K e n d a l l S t r e e t 5th an d H a m d e n D r i v e Br i g h t w a t e r D r i v e (m a r k e d s p a c e s o n l y ) Ba y w a y B l v d Attachment number 1 \nPage 5 of 15 Item # 8 CU R R E N T P R O G R A M S CU R R E N T P R O G R A M S Re s i d e n t i a l P e r m i t P r o g r a m : Is s u e d t o r e s i d e n t s w h o p r o v i d e a r e n t a l un i t l e a s e f o r p r o p e r t y o n M a n d a l a y A v e th a t d o e s n ’ t h a v e a v a i l a b l e p a r k i n g . th a t d o e s n ’ t h a v e a v a i l a b l e p a r k i n g . Pe r m i t c o s t - $ 7 5 p e r c a l e n d a r y e a r ($ . 2 1 / d a y ) . Fi r s t - c o m e f i r s t - s e r v e f o r p u b l i c p a r k i n g sp a c e s i n d e s i g n a t e d l o t s . Attachment number 1 \nPage 6 of 15 Item # 8 CU R R E N T P R O G R A M S CU R R E N T P R O G R A M S Be a c h E m p l o y e e P r o g r a m : Is s u e d t o b e a c h e m p l o y e e s t h a t p r o v i d e qu a l i f y i n g d o c u m e n t a t i o n . Co s t i s $ 4 0 / m o n t h ( $ 1 . 3 3 / d a y ) f r o m M a y to F e b r u a r y an d $ 6 0 / m o n t h ( $ 1 . 9 4 / d a y ) to F e b r u a r y an d $ 6 0 / m o n t h ( $ 1 . 9 4 / d a y ) fo r M a r c h a n d A p r i l . Sa v i n g s o f $ 6 . 6 7 - $ 8 . 0 6 / d a y f o r 8- h r w o r k d a y d e p e n d i n g o n t h e s e a s o n . Fi r s t - c o m e f i r s t - s e r v e f o r p u b l i c p a r k i n g sp a c e s i n d e s i g n a t e d l o t s . Attachment number 1 \nPage 7 of 15 Item # 8 NE W P R O G R A M NE W P R O G R A M Mo t e l B u s i n e s s P e r m i t P r o g r a m : Is s u e d t o m o t e l b u s i n e s s o w n e r s w i t h no p a r k i n g o r m o r e r o o m s t h a n pa r k i n g s p a c e s f o r g u e s t s . pa r k i n g s p a c e s f o r g u e s t s . Co s t i s $ 2 0 0 / r o o m p e r ye a r ( $ . 5 5 / d a y ) . Attachment number 1 \nPage 8 of 15 Item # 8 RA T E I N C R E A S E S RA T E I N C R E A S E S On - & o f f - s t r e e t r a t e i n c r e a s e s : Lo t 3 0 , $ 1 / h r Lo t s 3 1 & 3 2 , $ 3 / h r Lo t s 3 3 , 3 4 , & 3 5 , $ 1 . 2 5 / h r Lo t s 3 3 , 3 4 , & 3 5 , $ 1 . 2 5 / h r Lo t 3 6 , $ 2 . 5 0 / h r Lo t s 3 7 , 3 8 , 3 9 , & 4 3 - $ 1 . 2 5 / h r Al l o n - s t r e e t p a r k i n g , $ 1 . 2 5 / h r Re m o v e d a i l y m a x r a t e s i n Lo t s 3 1 , 3 2 , a n d 4 3 : In s t i t u t e a 5 - h r t i m e l i m i t . Attachment number 1 \nPage 9 of 15 Item # 8 MA R I N A P A R K I N G MA R I N A P A R K I N G Ma r i n a i m p r o v e m e n t s : Ad d e d n e w L E D l i g h t i n g t o t h e no r t h l o t i n t h e m a r i n a . Ad d i n g 7 1 a d d i t i o n a l m e t e r s . Ad d i n g 7 1 a d d i t i o n a l m e t e r s . Re s u r f a c i n g a n d s t o r m w a t e r im p r o v e m e n t s . Attachment number 1 \nPage 10 of 15 Item # 8 MA R I N A P A R K I N G MA R I N A P A R K I N G Ma r i n a p e r m i t r a t e i n c r e a s e : In c r e a s e m e t e r r a t e t o $ . 5 0 / h a l f h r . Di s c o u r a g e b e a c h g o e r s f r o m us i n g m a r i n a l o t f o r b e a c h us i n g m a r i n a l o t f o r b e a c h ac t i v i t i e s . Al l o w s a m p l e t i m e t o p u r c h a s e pe r m i t f o r m a r i n a a c t i v i t y . Attachment number 1 \nPage 11 of 15 Item # 8 MA R I N A P A R K I N G MA R I N A P A R K I N G In c r e a s e h a l f - d a y p e r m i t s t o $ 3 In c r e a s e a l l - d a y p e r m i t s t o $ 6 In c r e a s e m o n t h l y p e r m i t s t o $2 5 ( p l u s t a x ) $2 5 ( p l u s t a x ) In c r e a s e y e a r l y p e r m i t s t o $1 8 7 . 5 0 ( p l u s t a x ) Ad d i t i o n o f 1 - a n d 2 - h r pe r m i t s f o r s h o p p e r s w h o do n ’ t n e e d 2 + h r s t o s h o p a t m a r i n a bu s i n e s s e s . Attachment number 1 \nPage 12 of 15 Item # 8 EN F O R C E M E N T EN F O R C E M E N T Pa r k i n g e n f o r c e m e n t h o u r s Lo t 4 3 – e x t e n d e n f o r c e m e n t t o 1 a . m . Lo t s 3 4 , 3 5 , 3 7 , 3 8 & 3 9 – e x t e n d en f o r c e m e n t t o 1 1 p . m . en f o r c e m e n t t o 1 1 p . m . Ci t a t i o n m a n a g e m e n t RF P Ne w t e c h n o l o g y Pa y - b y - c e l l p r o g r a m Ne w m e t e r s BE A C H P A R K I N G R E V I E W BE A C H P A R K I N G R E V I E W Pr o b l e m w i t h a s o l u t i o n Cu r r e n t p r o g r a m s Ne w p r o g r a m Ra t e i n c r e a s e Ra t e i n c r e a s e Ma r i n a i m p r o v e m e n t s Pa r k i n g e n f o r c e m e n t Ci t a t i o n m a n a g e m e n t / n e w t e c h n o l o g y Attachment number 1 \nPage 14 of 15 Item # 8 CL E A R W A T E R CL E A R W A T E R BE A C H BE A C H PA R K I N G PA R K I N G Er i c W i l s o n Er i c W i l s o n Pa r k i n g S y s t e m Pa r k i n g S y s t e m En g i n e e r i n g D e p t . En g i n e e r i n g D e p t . Attachment number 1 \nPage 15 of 15 Item # 8 Attachment number 2 \nPage 1 of 1 Item # 8 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Approve Cooperative Funding Agreement between the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for construction and construction inspection of Smallwood Circle Stormwater Improvements (N395) in the amount of $750,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: Council approved the award of the Smallwood Circle Drainage Improvements Project to Rowland Inc in November of 2013. The project consists of removal and replacement of approximately 3,000 linear feet of pipe including 1,000 linear feet of undersized pipe between Highland Avenue to the west, Drew Street (SR 590) to the south, Hobart Avenue to the east and Walnut Street to the north. The replacement of the entire system will provide an opportunity to implement Best Management Practices within this drainage area. Approval of this Cooperative Funding Agreement with SWFWMD provides 50% of construction and construction inspection up to a maximum of $750,000. A first quarter amendment will increase budget only by $750,000 of SWFWMD grant revenue in Capital Improvement Program (CIP) project 0315-96178, Smallwood Circle. Sufficient revenue is available in CIP project 0315-96178, Smallwood Circle, to match SWFWMD grant. Type:Other Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: 1) Office of Management and Budget 2) Engineering 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 9 AGREEMENT NO. 12CQ000012 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR STORMWATER IMPROVEMENTS -FLOOD PROTECTION SMALLWOOD CIRCLE (N359) THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, hereinafter referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 South Osceola Avenue, Clearwater, Florida 33756, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the DISTRICT'S cooperative funding program; and WHEREAS, the project consists of implementation of Best Management Practices within the City of Clearwater watershed between Highland Avenue to the west, Drew Street (SR 590) to the south, Hobart Avenue to the east and Walnut Street to the north, hereinafter referred to as the "PROJECT'; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT. NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: 1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth below as its respective Project Manager. Project Managers will assist with PROJECT coordination and will be each party's prime contact person. Notices and reports will be sent to the attention of each party's Project Manager by U.S. mail, postage paid, by nationally recognized overnight courier, or personally to the parties' addresses as set forth in the introductory paragraph of this Agreement. Notice is effective upon receipt. Project Manager for the DISTRICT: George Fries Project Manager for the CITY: Melvin Maciolek Any changes to the above representatives or addresses rnust be provided to the other party in writing . Page 1 of 9 Attachment number 1 \nPage 1 of 13 Item # 9 ,. 1.1 The DISTRICT'S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. Such approval must be in writing, explain the reason for the extension and be signed by the Project Manager and his or her Department Director, or Deputy Executive Director if the Department Director is the Project Manager. The DISTRICT'S Project Manager is not authorized to approve any time extension which will result in an increased cost to the DISTRICT or which will exceed th€! expiration date set forth in Paragraph 7, Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the Project Budget contained in the Project Plan set forth in Exhibit "B" or, if applicable, the refined budget as set forth in Subparagraph 3.2 below. The authorization must be in writing, explain the reason for the adjustment, and be signed by the Project Manager, his or her Department Director and Deputy Executive Director. The DISTRICT'S Project Manager is not authorized to make changes to the Scope of Work and is not authorized to approve any increase in the amounts set forth in the funding section of this Agreement. 2. SCOPE OF WORK. Upon receipt of written notice to proceed kom the DISTRICT, the CITY will perform the services necessary to complete the PROJECT in accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and the CITY'S Project Plan set forth in Exhibit "B." Any changes to this Scope of Work and associated costs, except as provided herein, must be mutually agreed to in a formal written amendment approved by the DISTRICT and the CITY prior to being performed by the CITY, subject to the provisions of Paragraph 3, Funding. The CITY will be solely respoflsible for managing the PROJECT, including the hiring and supervising of any consultants or contractors it engages in order to complete the PROJECT. The parties agree that time is of the essence in the performance of each obligation under this Agreement. 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be One Million Seven Hundred Fifty Thousand! Dollars ($1,750,000). The DISTRICT agrees to fund PROJECT costs up to Eight Hundred Seventy-Five Thousand Dollars ($875,000) and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to provide all remaining funds necessary for the satisfactory completion of the PROJECT . The CITY will be the lead party to this Agreement and pay PROJECT costs prior to requesting reimbursement from the DISTRICT. 3.1 Any federal, state, local or grant monies received by the CITY for this PROJECT will be applied to equally reduce each party's share of PROJECT costs. The CITY will provide the DISTRICT with written documentation detailing its allocation of any such funds appropriated for this PROJECT. In the event the DISTRICT provides funding for the PROJECT in excess of the DISTRICT'S share after all federal, state, local and grant monies have been applied as set forth herein, CITY will promptly refund such overpaid amounts to the DISTRICT. Page 2 of 9 Attachment number 1 \nPage 2 of 13 Item # 9 '. 3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT costs in accordance with the Project Budget contained in the Project Plan set forth in Exhibit "B." The CITY may contract with consultant(s), contractor(s) or both in accordance with the Special Project Terms and Conditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget amounts for the work set forth in such contract(s) will refine the amounts set forth in the Project Budget and be incorporated herein by reference. The DISTRICT will reimburse the CITY for 50 percent of all allowable costs in each DISTRICT approved invoice received from the CITY, but at no point in time will the DISTRICT'S expenditure amount under this Agreement exceed expenditures made by the CITY. Payment will be made to the CITY within forty-five (45) days of receipt of an invoice with adequate supporting documentation to satisfy auditing purposes. Invoices will be submitted to the DISTRICT every two (2) months electronically at invoices@WaterMatters.orq, or at the following address: Accounts Payable Section Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 In addition to sending an original invoice to the DISTRICT'S Accounts Payable Section as required above, copies of invoices may also be submitted to the DISTRICT'S Project Manager in order to expedite the review process. Failure of the CITY to submit invoices to the DISTRICT in the manner provided herein will relieve the DISTRICT of its obligation to pay within the aforementioned timeframe. 3.3 Any travel expenses which may be authorized under this Agreement will be paid in . accordance with Section 112.061, F.S., as may be amended from time to time. 3.4 The DISTRICT will not reimburse the CITY for any purpose not specifically identified in Paragraph 2, Scope of Work. 3.5 Surcharges added to third party invoices are not considered an allowable cost under this Agreement. 3.6 The DISTRICT will have no obligation and will not reimburse the CITY for any costs under this Agreement until construction of the PROJECT has commenced. 3.7 Each CITY invoice must include the following certification, and the CITY hereby delegates authority by virtue of this Agreement to its Project Manager to affirm said certification: "I hereby certify that the costs requested for reimbursement and the CITY'S matching funds, as represented in this invoice, are directly related to the performance under the Stormwater Improvements -Flood Protection Smallwood Circle (N359) agreement between the Southwest Florida Water Management District and the City of Clearwater (Agreement No. 12C0000012 ), are allowable, allocable, properly documented, and are in Page 3 of 9 Attachment number 1 \nPage 3 of 13 Item # 9 accordance with the approved project budget. The CITY has been allocated a total of $_ in federal, state, local or grant monies for this PROJECT. $_ has been allocated to this invoice, reducing the DISTRICT'S and CITY'S share to $- " 3.8 The DISTRICT'S performance and payment pursuant to this Agreement are contingent upon the DISTRICT'S Goveming Board appropriating funds in its approved budget for the PROJECT in each Fiscal Year of this Agreement. The CITY recognizes that the DISTRICT has approved $125,000 for the PROJECT through Fiscal 'Year 2012. 4. COMPLETION DATES . The CITY will commence the PROJECT by April 1, 2012, will complete the PROJECT by September 30, 2014 and will otherwise meet the milestones established in this Agreement, as may be extended by the DISToRlCT in accordance with Paragraph 1 of this Agreement. In the event of hurricanes, tornados, floods, acts of God, acts of war, or other such catastrophes, or other man-made emergencies such as labor strikes or riots, which are beyond the control of the CITY, the CITY'S obligations to meet the time frames provided in this Agreement will be suspended for the period of time the condition continues to exist. During such suspension, this Agreement will remain in effect. The suspension of the CITY'S obligations provided for in this provision will be the CITY'S sole remedy for the delays set forth herein . 5. FAILURE TO COMPLETE PROJECT. The CITY will repay the DISTRICT all funds the DISTRICT paid to the CITY under this Agreement, ,if: a) the CITY fails to complete the PROJECT in accordance with Paragraph 4 of this Agreement; b) the DISTRICT determines, in its sole discretion and judgment, that the CITY has failed to maintain scheduled progress of the PROJECT thereby endangering the timely performance of this Agreement; or c) the CITY fails to appropriate sufficient funds to complete the PROJECT. The CITY will be obligated to pay attomeys' fees and costs incurred by the DISTRICT, including appeals, as a result of CITY'S failure to repay the DISTRICT in accordance with this Paragraph. 6. OPERATION AND MAINTENANCE. After construction is completed, the CITY will operate and maintain the PROJECT for a minimum of twenty (20) years, in such a manner that the resource benefits as described in the Project Plan are achieved. In the event the PROJECT is not operated and maintained in accordance with these requirements, the CITY will pay to the DISTRICT an early termination fee. The fee will be five percent (5%) of total DISTRICT monies contributed to the PROJECT for each year or a fraction thereof for early termination of the PROJECT. The CITY will be obligated to pay attorneys' fees and costs incurred by the DISTRICT, including appeals, as a result of CITY'S failure to repay the DISTRICT in accordance with this Paragraph . The rights and remedies in this provision are in addition to any other rights and remedies provided by law or this Agreement. 7. CONTRACT PERIOD. This Agreement will be effective upon execution by the parties and will remain in effect through December 31 , 2014, or upon satisfactory completion of the PROJECT and subsequent reimbursement to the CITY, whichever occurs first, unless amended in writing by the parties. The CITY will not be eligible for Page 4 of 9 Attachment number 1 \nPage 4 of 13 Item # 9 reimbursement for any work that is commenced, or costs that are incurred, prior to the effective date of this Agreement. 8. PRO,IECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the other party to examine or audit all PROJECT related records and documents during or following completion of the PROJECT. Payments made to CITY under this Agreement will be reduced for amounts found to be not allowable under this Agreement by an audit. The CITY will refund to the DISTRICT all such disallowed payments. If an audit is undertaken by either party, all required records will be maintained until the audit has been completed and all questions arising from it are resolved. Each party will maintain all such records and documents for at least three (3) years following completio.n of the PROJECT. Each party will allow public access to PROJECT documents and materials made or received by either party in accordance with the Public Records Act, Chapter 119, F.S. Snould either party assert any exemption to the requirements of Chapter 119, F.S., the burden of establishing such exemption, by way of injunctive or other relief as provided by law, will be upon the asserting party. 9. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports, models, studies, maps or other documents resulting from the PROJECT. 10. LIABILITY. Each party hereto agrees to defend, indemnify and hold the other harmless, to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorneys' fees and costs and attorneys' fees and costs on appeal, arising from the negligent acts or omissions of the indemnifying party's officers, employees, contractors and agents related to its performance under this Agreement. The indemnified party will have the right to approve counsel selected by the indemnifying party. This provision does not constitute a waiver of either party's sovereign immunity or extend either party's liability beyond the limits established in Section 768.28, F.S. Additionally, this provision will not be construed to impose contractual liability on either party for underlying tort claims as described above beyond the limits specified in Section 768.28, F.S. 11. DEFAULT. Either party may terminate this Agreement upon the other party's failure to comply with any term or condition of this Agreement, including the failtJre to meet specific milestones established in this Agreement, as long as the terminating party is not in default of any term or condition of this Agreement at the time of termination. In addition to Ihe above, the DISTRICT may terminate this Agreement if, in its sole discretion and judgment, it determines that the CITY has failed to maintain scheduled progress of the PROJECT thereby endangering the timely perfonmance of the PROJECT. To effect termination, the terminating party will provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and describing all terms and conditions with which the defaulting party has failed to comply. If the defaulting party has not remedied its default within thirty (30) days after receiving the Notice of Tenmination, this Agreement will automatically terminate. If a default cannot reasonably be cured in thirty (30) days, then the thirty (30) days may be extended at the non-defaulting party's discretion, if the defaulting party is pursuing a cure of the default with reasonable diligence. The rights and remedies in this provision are in addition to any other rights and remedies provided by law or this Agreement. Page 5 of9 Attachment number 1 \nPage 5 of 13 Item # 9 12. RELEASE OF INFORMATION . The parties agree not to initiate any oral or written media interviews or issue press releases on or about the PROJECT without providing advance notices or copies to the other party. This provision will not be construed as preventing the parties from complying with the public records disclosure laws set forth in Chapter 119, F.S. 13. DISTRICT RECOGNITIQN. The CITY will recognize DISTRICT funding in any reports, models, studies, maps or other documents resulting from this Agreement, and the form of said recognition will be subject to DISTRICT approval. If construction is illvolved, the CITY will provide signage at the PROJECT site that recognizes funding for this PROJECT provided by the DISTR,ICT. All signage must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 14. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, local govemment approvals and all real property rights necessary to complete the PROJECT prior to commencing any construction involved in the PROJECT. The DISTRICT will have no obligation to reimburse the CITY for any costs under this Agreement until the CITY has obtained such permits and property rights necessary to undertake the PROJECT. 15. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local laws, rules, regulations and guidelines , including those of the DISTRICT, related to performance under this Agreement. If the PROJECT involVes design services, the CITY'S professional deSigners and the DISTRICT'S regulation and projects staff will meet regularly during the PROJECT design to discuss ways of ensuring that the final design for the proposed PROJECT technically complies with all applicable DISTRICT rules and regulations, however, the DISTRICT undertakes no duty to ensure compliance with such rules ar1d regulations. 16. DIVERSITY IN CONTRACTING AND SUBCONTRACTING . The DISTRICT is committed to supplier diversity in the performance of all contracts associated with DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make good faith efforts to encourage the participation of minority owned and woman owned and small business enterprises, both as prime contractors and subcontractors, ,in the performance of this Agreement, in accordance with applicable laws . 16.1 If requested, the DISTRICT will assist the CITY by sharing information to help the cooperator in ensuring that minority owned and womall owned and small businesses are afforded an opportunity to participate in the performance of this Agreement. 16.2 The CITY agrees to provide the DISTRICT with a report indicating a'il contractors and subcontractors who performed work in association with, the PROJECT, the amount spent with each contractor or subcontractor, and to the extent such information is known, whether each contractor or subcontractor was a minority owned or woman owned or small business enterprise. If no minority owned or Page 6 of 9 Attachment number 1 \nPage 6 of 13 Item # 9 woman owned or small business enterprises were used in the performance of this Agreement, then the report shall so indicate . The MinoritylWomen Owned and Small Business Utilization Report form is attached as Exhibit "C." The report is required upon final completion of the PROJECT prior to final payment, or within thirty (30) days of the execution of any amendment that increases PROJECT funding, for information up to the date of the amendment and prior to the disbursement of any additional funds by the DISTRICT. 17. ASSrGNMENT Except as otherwise provided in this Agreement, no party may assign any of its rights or delegate any of its obligations under this Agreement, including any operation or maintenance duties related to the PROJECT, without the prior written consent of the other party. Any attempted assignmenl in violation of this provision is void . 18. SUBCONTRACTORS. Nothing in this Agreement willi be construed to create, or be impliedl to create, any relationship between the DISTRICT and any subcontractor of the CITY. 19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 20. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 21. PUBLIC ENTITY CRIMES . Pursuant to Subsections 287.133(2) and (3), F .S ., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or servi'ces to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months following the date of being placed on the convicted vendor list. The CITY agrees to include this provision in an subcontracts issued as a result of this Agreement. 22. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity . The CITY agrees to include this provision in all subcontracts issued as a .result of this Agreement. Page 7 of 9 Attachment number 1 \nPage 7 of 13 Item # 9 23. GOVERNING LAW. All aspects of this Agreement are governed by Florida law and venue will be in Hernando County, Florida . 24. SURVIVAL. The provisions of this Agreement that require performance after the expiration or termination of this Agreement will remain in force notwithstanding the expiration or termination of this Agreement including Subparagraph 3.1 and Paragraphs 5,6, and 10. 25. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below constitute the entire agreement between the parties and, unless otherwise provided herein, may be amended only in writing, signed by all parties to this Agreement. 26. DOCUMENTS. The following documents are attached and made a part of this Agreement. In the event of a conflict of contract terminology, priority will first be given to the language in the body of this Agreement, then to Exhibit "A," then to Exhibit "B," and then to Exhibit "C ." Exhibit "A" Special Project Terms and Conditions Exhibit "B" CITY'S Project Plan Exhibit "C" MinoritylWomen Owned and Small Business Utilization Report Form The remainder of this page intentionally left blank. Page 8 of 9 Attachment number 1 \nPage 8 of 13 Item # 9 Rosemarie Call City Clerk IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Mark A. Hammond, P.E., Director, Resource Management Division CITY OF CLEARWATER By: \Ur'~ Frank V. Hibbard, Mayor By:tJ~~T[ /{)/?JtG20t/iiliam B. Horne, City Manager rate Attest: Leslie K. Dougall-id s Assistant City Attor COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR STORMWATER IMPROVEMENTS -FLOOD PROTECTIO N SMALLWOOD CIRCLE (N359) DI STRICT APPROVAL INITI A LS DATE LEGAL I!!.6:1It 'Iu;fuRISK MGMT >J If\, CONTRACTS ~ DEPT DIRECTOR '"1lJft"~ DEPlITY EXEC DIR --/ GOVERNING BOARD pIA P'"< Page 9 of 9 Attachment number 1 \nPage 9 of 13 Item # 9 AGREEMENT NO . 12C0000012 EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services of a consultant(s), hereinafter referred to as the "CONSULTANT," and a contractor(s), hereinafter referred to as the "CONTRACTOR," to perform the services in accordance with the CITY'S Project Plan previously submitted to the DISTRICT and attached as Exhibit "B ." The CITY will be responsible for administering the contracts with the CONSULTANT and CONTRACTOR; 2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the DISTRICT'S written approval of all construction bid documents prior to being advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its approval. The DISTRICT'S approval of the construction bid documents does not constitute a representation or warranty that the DISTRICT has verified the architectural , engineering, mechanical, electrical , or other components of the construction documents , or that such documents are in compliance with DISTRICT rules and regulations or any other applicable rules , regulations , or 'laws. The DISTRICT'S approval will not constitute a waiver of the CITY'S obligation to assure that the design professional performs according to the standards of his or her profession. The CITY will require the design professional to warrant that the construction documents are adequate for bidding and construction of the PROJECT. 3. DISTRICT PARTICIPATION IN SELECTING CONSULTANT AND REVIEW OF CITY'S SELECTION OF CQNTRACTOR. As applicable, upon notifying the CITY'S Project Manager, the DISTRICT will, have the option of participating as an evaluator in the CITY'S process for selecting, the CONSULTANT. The CITY will provide the DISTRICT with a tabulation of CONTRACTOR bids and a recommendation to award . The CITY must obtain the DISTRICT'S approval of the selected CONTRACTOR prior to proceeding with construction of Ihe PROJECT and the DISTRICT will not unreasonably withhold its approval. 4 . APPROVAL OF CONTRACTS. The CITY must obtain the DISTRICT'S prior written approval of any contracts entered into with its CONSULTANTS and CONTRACTORS . The DISTRICT will not unreasonably withhold its approval. The remainder of this page intentionally left blank. Ex hib it "A" Page 1 of 1 Attachment number 1 \nPage 10 of 13 Item # 9 AGREEMENT NO . 12C0000012 EXHIBIT "B" PROJECT PLAN Project Description This PROJECT is to perform the Implementation of Best Management Practices (BMPs) element of the District's Watershed Management Program (WMP) within the City of Clearwater watershed. Implementation of BMPs includes the following tasks: design, development of construction documents, construction permitting, land acquisition, bidding and CONTRACTOR selection, construction of the BMPs and construction engineering and inspection. The PROJECT is on an intermediate system and was identified as Hammond Branch Project 50 in the 2001 DISTRICT funded Stevenson Creek Watershed Management Plan. The PROJECT will remove 100-year flood risk from two homes and reduce the risk of house foundation failures due to the deteriorating metal pipes. The system drains a 0.15 square mile area located between Highland Avenue to the west, Drew Street (SR 590) to the south, Hobart Avenue to the east and Walnut Street to the north. The PROJECT consists of removal and replacement of approximately 3,000 linear feet of pipe including 1,000 linear feet of undersized pipe at the downstream end. The replacement of the entire system will provide an opportunity for the DISTRICT and the CITY to implement BMPs within this drainage area. Proposed improvements include implementation of BMPs at the connection of the Florida Department of Transportation (SR 590) system to the CITY system and at two CITY-owned properties . The requested funds will be used toward design, permitting and construction services necessary to complete the improvements within the CITY . Project Tasks Key tasks to be performed by the CITY: 1. Select and hire a CONSULTANT to complete the design, permitting , preparation of contract documents, and to provide engineering and inspection services during construction. 2. Attend one meeting with the DISTRICT prior to beginning the PROJECT to discuss the approach, schedule and budget. 3. Bid, select, and hire a CONTRACTOR to complete the construction in accordance with the approved bid documents. 4. Provide the DISTRICT with one copy of a summary of the construction quality assurance data, construction record drawings and permit related submittals. 5. Monitor all phases of construction by means of survey, observations , and materials testing to give reasonable assurance that the construction work will be performed in accordance with the approved plans and specifications set forth in the DISTRICT approved contract between the CITY and the CONTRACTOR. Ex hibit "8" Page 1 of 2 Attachment number 1 \nPage 11 of 13 Item # 9 Project Deliverables The City will provide the DISTRICT with the following: • Specifications and Bidding Documents • Construction Plans • Bid Tabulation • Copy of Notice-To-Proceed to CONTRACTOR • Copy of Contract with CONSULTANT and CONTRACTOR • Construction Record Drawings • Minority Utilization Report Project Budget TASK CITY DISTRICT TOTAL Design $ 125,000 $ 125,000 $ 250,000 Construction Inspection $ 25,000 $ 25,000 $ 50,000 Construction $ 725,000 $ 725,000 ~1 ,450,000 Total $ 875,000 $ 875,000 $1,750,000 Project Schedule TASK DATE Select CONSULTANT April 1, 2012 Design and Permitting Complete April 1, 2013 Bidding and CONTRACTOR Selection June 30, 2013 Commence Construction September 30,2013 Complete Construction September 30,2014 The remainder of this page intentionally left blank. Exhibit "8" Page 2 of 2 Attachment number 1 \nPage 12 of 13 Item # 9 AGREEMENT NO. 1 2C0000012 EXHIBIT "C" • MINORITYIWOMEN OWNED AND SMALL BUSINESS UTILIZATION REPORT Projects receiving $100,000 or more in cooperative funding from the Southwest Florida Water Management District require the submission of the following information within 30 days of any amendment increasing project funding and with the final invoice . Questions regarding use of this form should be directed to Contracts Admin istration, Phone (352) 796-7211 ext. 4132. INDICATE THE ONE CATE G ORY THAT ·BEST DESCRIBES EAC H ORGANIZATION LISTED' Coope rato r: BUSINESS CERTIFIED MBE NON -C ERTIFIED MBE UNKN OWNCLASSIFICATION Z """ > I > 2 > > I > ~ '" Agreement No.: 0 ~ '" ~ u; w !l '" ~ u; w '" 2 g~ " ~ " m ~ ~ " ~ ~ ~ ii ~ i\ " Z <o r ~ ii > X m Z ~m Zme > ~ ~ " '" '" 0 mw > ~ ~ '" ~ ~ '" '" ~-'" m ~ " " m aProject Name: ~ oZ m " m »wm '" m ~ ii ~ " m ~ ii-::w " " '"_w " ii > ~ ii '" > ~ ~ > Z ~ Z ~ '" > Z '" m Z m " " Total Proj ect Cost: ii ii ~ >Z NAMES OF CO NTRACTORS AND I TOTAL AMOUNT PAIDSUBCONTRACTORS UTILIZED I , * 0 Our organization does not collect minority status data . Signature Date Print Name and Title 16.00-026 (01/07) Exhibit "C" Page 1 of 1 Attachment number 1 \nPage 13 of 13 Item # 9 PALMETTO ST N HIGHLAND AVE LONG ST LAURA ST CASLER AVE RICHARDS AVE CLARK ST LEVERN ST ORANGEVIEW AVE BAKER AVE HOBART AVE ADMIRAL WOODSON LN HILLCREST DR PINEBROOK DR N LAKE DR WEBB DR N HIBISCUS ST HILLTOP AVE S HIBISCUS ST N CREST AVE N KEYSTONE DR HIBISCUS ST N HILLCREST AVE ORANGEWOOD AVE MACRAE AVE KARLYN DR MARIVA AVE CASLER CT MAPLE ST GROVE ST N GLENWOOD AVE WALNUT ST BONAIR ST ELMWOOD ST RIDGEWOOD ST RIDGEWOOD ST WOOD DR FOREST RD CRESTVIEW ST EDGEWOOD AVE PALM TERRACE DR N SAN REMO AVE S MALLWOOD C IR ROSEMERE RD ROSEMERE RD MARIVA AVE PINEWOOD ST OAKWOOD ST R O S E W O O D S T R I C H A R D S C T LOCATION MAP ²Prepared by:Engineering Departm entGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK XX N.T.S.n/a n/a10/14/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Docum ent Path: V:\GIS\Engineering\Location Maps\SmallwoodEdgewood\SmallwoodEdgewood.mxd Smallwood Cir Drainage ImprovementEdgewood Ave Sanitary Sewer Improvement Attachment number 2 \nPage 1 of 1 Item # 9 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Approve the First Amendment to Revocable License Agreement between the City of Clearwater and Salt Block 57, LLC, for the exclusive use of City Parking Lot 32; and authorize the appropriate officials to execute same. (consent) SUMMARY: City Council approved the original License Agreement (License) with Salt Block 57, LLC on November 20, 2013. The License was to commence on February 15, 2014 (Effective Date) and remain in effect for a period of 15 months. Salt Block 57, LLC has requested an amendment to the License changing the Effective Date to April 15, 2014 with the 15-month duration remaining intact. The delay in the Effective Date allows for public use of the parking lot to continue further into this year’s tourist season. The amendment also provides for the Effective Date to be further delayed up to September 15, 2014. The latest possible termination date will be December 15, 2015 ensuring that the parking lot is available for public use during the subsequent tourist season. The License Fee requirement pursuant to the License is unchanged by the Amendment. Salt Block 57 will be responsible for five quarterly payments of $101,633 for a total license fee of $508,165. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 10 Attachment number 1 \nPage 1 of 2 Item # 10 Attachment number 1 \nPage 2 of 2 Item # 10 Attachment number 2 \nPage 1 of 9 Item # 10 Attachment number 2 \nPage 2 of 9 Item # 10 Attachment number 2 \nPage 3 of 9 Item # 10 Attachment number 2 \nPage 4 of 9 Item # 10 Attachment number 2 \nPage 5 of 9 Item # 10 Attachment number 2 \nPage 6 of 9 Item # 10 Attachment number 2 \nPage 7 of 9 Item # 10 Attachment number 2 \nPage 8 of 9 Item # 10 Attachment number 2 \nPage 9 of 9 Item # 10 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Approve Change Order 1 to David Nelson Construction Co., Inc. of Palm Harbor, Florida for the Hillcrest/Brookhill Neighborhood Traffic Calming and Stormwater Improvements project (10-0002-EN and 10-0005-EN) in amount of $618,029.02, for a new contract total of $3,178,865.38; approve a time extension of 90 days for completion of additional storm improvements; and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater City Council awarded a $2,560,836.36 contract on October 17, 2012 to Nelson Construction for the Hillcrest/Brookhill Traffic Calming and Stormwater Improvements project (10-0002-EN and 10-0005-EN). The contractor agreed to honor original unit prices to construct additional storm improvements extending north on Betty Lane from St. Thomas Drive to Woodlawn Street, adjacent to the original project scope. The contract’s new completion date is October 14, 2014. The Stormwater Maintenance Department shall own, operate and maintain theses stormwater improvements once constructed. Sufficient funding is available in Capital Improvement Program project 0315-96169, Stevenson Creek in the amount of $618,029.02. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: See summary Current Year Cost:$618,029.02 Annual Operating Cost: Not to Exceed:$618,029.02 Total Cost:$618,029.02 For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 0315-96169-563700-539- 000-0000 $618,029.02See summary Review Approval: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 11 Change Order 1 Date: January 22, 2014 PROJECT: PROJECT NUMBER: 10-0002-EN&10-0050-EN Hillcrest-Brookhill Neighborhood Traffic Calming & Stormwater ImprovementsPO REFERENCE: ST108969 COUNCIL AWARD: October 17, 2012 CONTRACTOR: David Nelson Construction Co., Inc. 3483 Alternate 19 Palm Harbor, Fl 34683 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT David Nelson Construction Co., Inc ORIGINAL CONTRACT AMOUNT $2,560,836.36 Change Order 1 - CC - 2/20/2014 $618,029.02 NEW CONTRACT AMOUNT $3,178,865.38 By: (SEAL) Jeffrey D. Nelson, President APPROVED AS TO FORM: Witnesses: Camillo Soto, Assistant City Attorney ATTEST: George N. Cretekos, Mayor Rosemarie Call, City Clerk Date: CITY OF CLEARWATER, in Tara Kivett, Engineering Construction Manager PINELLAS COUNTY, FLORIDA Recommended By: City of Clearwater DATE OF CONTRACT: November 27, 2012 CODE : 0315-92276-563700-541-000-0000 (A) CODE: 0315-96169-563700-539-000-0000 (B) This change order approves a time extension of 90 days and increases and adds items for additional storm improvements ACCEPTED BY: Date: _______________________________________ William B. Horne, II City ManagerMichael D. Quillen, PE, City Engineer Attachment number 1 \nPage 1 of 2 Item # 11 Page 2 of 2 RE: Change Order 1 - Hillcrest-Brookhill Neighborhood Traffic Calming & Stormwater Improvements ITEM DESCRIPTION UNITQUANTITY UNIT COSTTOTAL COST Stormwater Code B: 0315-96169-563700-539-000-0000 Increases: 106 Mobilization/Demobilization 0.9397778LS45,000.00$ $42,290.00 107 Traffic Control 0.9633333LS15,000.00$ $14,450.00 108Clearing & Grubbing, Erosion Control & Contractor Staking 0.9632LS25,000.00$ $24,080.00 109 Root Pruning 345LF5.00$ $1,725.00 111 Concrete driveway removal 2374SF3.00$ $7,122.00 112 Concrete curb and gutter removal 1399LF4.50$ $6,295.50 113Concrete sidewalk removal 30SF3.00$ $90.00 114Drainage pipe removal 225EA45.00$ $10,125.00 115Drainage structure removal 2EA900.00$ $1,800.00 116Pavement removal 3491SY3.00$ $10,473.00 1212" asphalt pavement (Type SP)393TN110.00$ $43,230.00 123Concrete driveway 2296SF3.50$ $8,036.00 124Concrete sidewalk, 4"30SF2.50$ $75.00 127Curb & gutter, Type 1 1522LF13.50$ $20,547.00 128Concrete valley gutter curb 64LF14.00$ $896.00 129 Underdrain, 6 inch 100LF20.00$ $2,000.00 130 Underdrain, 8 inch 50LF25.00$ $1,250.00 13218" RCP 197LF40.00$ $7,880.00 13324" RCP 303LF55.00$ $16,665.00 136FDOT Inlet Type P-1 2EA3,200.00$ $6,400.00 140FDOT Inlet Type P-5 7EA3,200.00$ $22,400.00 144FDOT Manhole Type J-8 (5' DIA) 1EA 4,100.00$ $4,100.00 147 6" Ductile Iron Pipe (DIP)216LF45.00$ $9,720.00 1508" Ductile Iron Pipe (Protecto 401) 40LF 75.00$ $3,000.00 155 Sod 16000SF0.25$ $4,000.00 156 Contingency 1.0519715LS53,408.73$ $56,184.46 Total Increases:$324,833.96 Additions: 200Flowable Fill 5CY400.00$ $2,000.00 201Tree removal 1EA1,200.00$ $1,200.00 202Excavation, Roadway 780CY20.00$ $15,600.00 20312" Type B stabilization 4174SY10.50$ $43,827.00 2048" Crushed concrete base 3571SY15.00$ $53,565.00 205FDOT Inlet Type J-5 (3.5' x 7')1EA6,500.00$ $6,500.00 206 FDOT Inlet Type J-5 (3.5' x 9')2 EA 6,600.00$ $13,200.00206FDOT Inlet Type J-5 (3.5' x 9')2 EA 6,600.00$ $13,200.00 207FDOT Inlet Type J-5 (3.5' x 10')1EA7,900.00$ $7,900.00 208FDOT Inlet Type P-6 1EA3,200.00$ $3,200.00 209FDOT Inlet Type J-6 (5' DIA)1EA5,800.00$ $5,800.00 210 Lower sanitary structure 1EA350.00$ $350.00 211Remove & Replace Sanitary Service & CO (Protecto 401) 6EA1,783.11$ $10,698.66 212 6" Pipe restraint (Megalug)51EA75.00$ $3,825.00 213 6" Line stop assembly 9EA4,500.00$ $40,500.00 214Remove & Replace Water Main Services8EA817.55$ $6,540.40 215Thermoplastic pavement marking, 24"36LF4.00$ $144.00 216 Sign Relocation 3EA75.00$ $225.00 217 36" RCP 558LF140.00$ $78,120.00 Total Additions:$293,195.06 Total Net Increases/Additions to the Contract:$618,029.02 Attachment number 1 \nPage 2 of 2 Item # 11 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Declare a 2005 Sterling L7501 VacCon (G3019) surplus to the needs of the City and be used for trade in value to purchase a new Aquatech Sewer Cleaner/Vacuum Unit to maintain the sewer lines within Clearwater. (consent) SUMMARY: Staff is recommending that the 2005 Sterling L7501 VacCon be declared surplus to the needs of the City since it has outlived its useful life and cost of repairs and maintenance has risen to a point where a new vehicle is needed to continue the maintenance of the sewer lines. This equipment has constant breakdowns, is in the shop on a regular basis, and is not available for maintenance of the sewer lines. Staff is recommending that the surplus equipment be used for trade-in value rather than selling at auction, due to the trade-in value exceeding the auction price. Since the trade in-value of this vehicle, $32,000 for the 2005 Sterling L7501 VacCon (G3019), exceeds $5,000, the City Council must declare them surplus for this purpose. A separate purchasing item will be forthcoming recommending the replacement of this vehicle. Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 12 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: 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 1238 Palm Street, 1215 Palm Street, 1349 Union Street, 1329 State Street, and 1230 Aloha Lane; and pass Ordinances 8537-14, 8538-14 and 8539-14 on first reading. (ANX2013-12034) SUMMARY: This voluntary annexation petition involves five parcels of land totaling 0.927 acres. All parcels are occupied by a single-family dwelling. The five lots are located south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway. The applicants are 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 Idlewild/The Mall Septic-to-Sewer Project. All properties are contiguous to existing city boundaries in at least one direction. It is proposed that the properties 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 annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicants 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 properties are 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 these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and The proposed annexations are consistent with and promotes the following objectives 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. Cover Memo Item # 13 The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties is consistent with the uses allowed in the district and the properties exceed the district’s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The properties proposed for annexation are contiguous to existing city boundaries; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 13 Location Map Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B ^^ ^^ ^ PALM ST IVA ST IDLEWILD DR ALOHA LN MACOMBER AVE SP R I N G T I M E A V E SHERIDAN RD SEDEEVA CIR N BERMUDA ST PORT WAY COLES RD STATE S T BYRAM DR POINSETTA AVE LAND DR PLAZA DOLORES CHEN ANGO AVE W O O D L A W N T E R DR STARBOARD WAY FR EEDOM DR KINGS HWY BETTY LN STATE ST KINGS HWY DOUGLAS AVE KINGS HWY OAKDALE WAY NSET POINT RD BETTY LN SUNSET POINT RD E ME AVE AVE BETTY LN U S HWY UNION ST THE M ALL UNION ST OVERBROOK AVE DOUGLA S AVE BR OADWAY SUNSET POINT RD BERTLAND WAYSEDEEVA ST EVERGREEN AVE -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 1 \nPage 1 of 22 Item # 13 PIN (Address): 1. 03-29-15-15840-001-0290 (1238 Palm St.) 2. 03-29-15-15840-002-0100 (1215 Palm St.) 3. 03-29-15-12060-004-0010 (1349 Union St.) 4. 03-29-15-49986-000-0040 (1329 State St.) 5. 03-29-15-87912-003-0080 (1230 Aloha Ln.) Attachment number 1 \nPage 2 of 22 Item # 13 Aerial Map 1 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-15840-001-0290 03-29-15-15840-002-0100 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B PALM ST PALM ST UNION ST UNION ST BETTY LN BETTY LN IDLEWILD DR IDLEWILD DR BERMUDA ST BERMUDA ST DOUGLAS AVE DOUGLAS AVE WOO D L AW N T ER WOO D LAW N T ER OAKDALE WAY OAKDALE WAY PINECREST WAY PINECREST WAY -N o t t o S c a l e - -N o t a S u r v e y - 12 1 5 12 3 8 Attachment number 1 \nPage 3 of 22 Item # 13 Aerial Map 2 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-12060-004-0010 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B UNION ST UNION ST BETTY LN BETTY LN KINGS HWY KINGS HWY ARB EL IA S T ARBEL IA S T THE MALL THE M ALL IDLEWILD DR IDLEWILD DR WOODLAWN TER WOODLAWN TER PO I N S E T T A A V E PO I N S E T T A A V E EV ER GRE EN AV E EV ER GRE EN AV E LANTANA AVE LANTANA AVE GARDENIA CT GARDENIA CT -N o t t o S c a l e - -N o t a S u r v e y - 13 4 9 Attachment number 1 \nPage 4 of 22 Item # 13 Aerial Map 3 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-49986-000-0040 03-29-15-87912-003-0080 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B BETTY LN BETTY LN STATE ST STATE ST SUNSET POINT RD SUNSET POINT RD SEDEEVA CIR NSEDEEVA CIR N CHENANGO AVE CHENANGO AVE CO L E S R D CO L E S R D MACOMBER AVE MACOMBER AVE BERTLAND WAY BERTLAND WAY SEDEEVA CIR S SEDEEVA CIR S ALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD -N o t t o S c a l e - -N o t a S u r v e y - 1230 13 2 9 Attachment number 1 \nPage 5 of 22 Item # 13 Proposed Annexation Map 1 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-15840-001-0290 03-29-15-15840-002-0100 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 66 60 60 60 60 60 60 60 60 60 60 60 60 60 15840 46998 80388 47 4 3 0 A B C A BD E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 1 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 18 60 60 63 30 E J 1 3 8 9 10 11 1 2 3 4 5 6 7 8 9 1011 1 1 1 1 1 1 PALM ST UNION ST BETTY LN IDLEWILD DR BERMUDA ST DOUGLAS AVE WOO D LAW N T ER 12 4 4 12 7 1 12 6 3 12 7 3 2022 12 9 1 2020 2022 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 2020 2022 2024 1212 1290 1284 1280 1272 1266 1226 1222 1220 2031 1225 1201 1293 1211 1209 1282 1206 2077 2063 1283 1263 1207 1255 1259 5187283 1277 1271 267 265 61 53 49454135 231 1225 213 09 2024 2028 2030 1296 1286 2021 20272026 1266 1262 1232 1234 1235 1223 2021 2017 1207 2021 2029 1292 1260 1254 1250 1246 1242 1210 1231 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1239 1235 1221 1217 1211 1276 1268 1264 1262 1256 1250 1242 1234 1232 1228 1220 1216 1212 1206 2049 2060 2064 2066 1283 1279 1275 1267 1255 1257 1251 1245 1239 1235 1233 1231 1221 1215 1278 1274 1270 1266 1262 1260 1256 1250 1246 1244 1238 1234 1230 1224 1222 1220 1212 1253 1275 1273 1271 1265 1267 1259 1247 1245 1241 1237 1235 1227 1223 1219 1215 1211 2061 2 0 1 5 1244½ 1199Traf -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 1 \nPage 6 of 22 Item # 13 Proposed Annexation Map 2 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-12060-004-0010 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 33 30 3060606060 60 60 60 60 60 60 60 60 60 60 60 87.7 60 45 4 0 60 15 40 15 87.7 12060 98074 ABC D E F G H I J K L M N 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18192021222324 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 36 30 30 36 50 67 6869707172737475106107108109110111 *SEE 1 UNION ST BETTY LN KINGS HWY ARBELIA ST THE MALL IDLEWILD DR PO I N S E T T A A V E EV E RGR E EN AV E LANTANA AVE MDR HDR MDR 13 3 1 13 2 1 13 2 5 13 1 7 13 4 1 13 3 7 2080 2066 13 3 0 13 2 2 2080 2084 13 4 5 2052 2098 2068 2070 2072 13 0 9 2083 13 1 0 13 0 0 2026 2028 13 1 0 13 0 0 2025 13 2 5 13 1 7 13 0 1 2060 1333 2010 LMDR MDR LMDR LMDR 2020 2067 2048 2050 2058 20252021 2088 2040 2044 2084 2014 2077 2076 2063 2049 2057 2071 2077 2081 2075 2079 2071 13 5 3 13 4 9 13 5 5 2000 2049 2053 2067 2060 20802001 2061 13 9 0 2080 2071 2079 2047 2048 2052 2063 2065 2069 2010 2019 1999 2056 2064 2035 20392043 2017 2075 2031 -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 1 \nPage 7 of 22 Item # 13 Proposed Annexation Map 3 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-49986-000-0040 03-29-15-87912-003-0080 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 30 30 60 60 60 6060 60 60 80 60 80 60 38 60 60 60 60 40 40 33 30 50 33 3330 60 38 60 60 45 45 60 30 3 0 28098 49986 83 9 7 0 87912 O O G 3 4 5 6 7 8 9 14 15 16 17 18 19 20 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 6 7 8 9 15 16 17 18 13 14 15 16 17 18 1920212223 1234 5 6789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 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 5 6 7 12 13 14 15 16 5 6 7 12 13 14 5 6 7 8 1 2 3 4 5 6 7 8 22 60 5033 60 60 1 2 3 4 5 6 42/015 1 1 1 1 1 1 1 BET TY LN STATE ST SUNSET POINT RD SEDEEVA CIR N CH E N A N G O A V E CO L E S R D MACOMBER AVE BERTLAND WAY ALOHA LN 12 9 0 1950 1952 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1942 1969 13 2 7 12 2 4 1971 1927 1925 1923 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1909 1913 1915 191 7 12 1 3 12 1 9 12 1 5 1901 1903 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 19131908 1947 1949 1943 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 196912 5 5 12 5 1 12 3 7 1239 12 3 1 12 2 7 12 2 3 12 2 5 12 2 5 1904 1910 12 1 7 12 1 0 12 3 4 12 1 2 12 3 1 12 2 5 12 2 3 12 3 2 12 2 6 12 2 2 12 2 1 12 2 9 12 3 3 12 3 7 1936 1932 12 9 4 12 7 3 12 1 3 1938 1936 1930 1916 1914 1918 12 9 5 1940 19261928 12 9 5 12 5 1 1992 1979 13 2 9 12 5 6 1935 1921 1917 1920 1928 1915 1919 1927 1931 1933 1937 12 8 7 1918 1920 1940 1944 1919 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 193 3 12 3 0 1978 1974 12 8 3 1961 1963 1245 1249 1251 1257 1261 127 12121212121212121212121212121212 1981 1987 1995 1224 1224 1218 1216 1226 1220 1216 1233 Traf Towr -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 1 \nPage 8 of 22 Item # 13 Future Land Use Map 1 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-15840-001-0290 03-29-15-15840-002-0100 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 66 60 60 60 60 60 60 60 60 60 60 60 60 60 15840 46998 80388 47 4 3 0 A B C A BD E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 67 8 9 10 11 12 13141516 17 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 1 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 18 60 60 63 30 E J 1 3 9 10 11 1 3 4 5 6 7 8 9 1011 1 1 1 1 1 1 RU RU RU RU RU RU RU RU RU RU RU RU RURU RU PALM ST UNION ST BETTY LN IDLEWILD DR BERMUDA ST DOUGL AS AVE WOO D LAW N T ER 12 4 4 12 5 5 12 5 9 12 7 1 12 6 3 12 7 7 12 6 7 12 2 5 12 1 3 2022 2024 2030 12 9 1 12 9 6 12 8 6 2021 2027 2020 2022 2026 12 6 6 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 3 4 12 6 5 12 6 1 12 5 7 12 4 3 12 3 5 12 2 3 2021 2017 2020 2022 2024 1212 2029 1290 1292 1284 1280 1272 1266 1260 1254 1250 1246 1242 1226 1222 12201210 1231 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1239 1235 1225 1221 1217 1211 1201 1268 1264 1262 1256 1250 1242 1234 1228 1220 1216 1212 1206 2060 2064 2066 1293 1283 1279 1275 1267 1255 1257 1251 1245 1239 1235 1233 1231 1221 1211 1209 1282 1278 1274 1270 1266 1262 1260 1256 1250 1246 1244 1234 1230 1224 1222 1220 1212 1206 1253 2077 2063 1283 1275 1273 1271 1265 1267 1263 1259 1247 1245 1241 1237 1235 1227 1223 1219 1215 1211 1207 2061 2015 1244½ 959187 12831273 1271 1265 261 53 4945 241 235 1231 209 2028 1232 1245 1207 2021 2031 1276 1232 2049 1215 1238 1199Traf -N o t t o S c a l e - -N o t a S u r v e y - RU RU Attachment number 1 \nPage 9 of 22 Item # 13 Future Land Use Map 2 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-12060-004-0010 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 33 30 3060606060 60 60 60 60 60 60 60 60 60 87.7 60 45 4 0 60 15 40 15 87.7 12060 98074 ABC D E F G H I J K L M N 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18192021222324 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 36 30 30 36 50 67 6869707172737475106107108109110111 *SEE 1 RH RM RU RU RU RU RU RM RU RURM RU RU RU RU RM RM RH RU RU RU RU RM RU RM RU RU RU RM WATER RU RU RU RU RU UNION ST BETTY LN KINGS HWY ARBELIA ST THE MALL IDLEWILD DR PO I N S E T T A A V E EVE RGREEN AVE LANTANA AVE 13 3 1 13 1 7 13 4 1 2080 2014 2066 13 3 0 13 2 2 2084 13 4 5 2052 2098 2068 2070 2072 2083 13 1 0 13 0 0 2026 2028 13 1 0 2025 13 2 5 13 0 1 2060 2010 13 2 1 13 2 5 2020 2067 13 3 7 2048 2050 2058 20252021 2088 2040 2044 2084 2077 2076 2063 2049 2057 20802071 2077 2081 2075 2079 2071 13 5 3 13 4 9 13 5 5 2000 2049 2053 2067 2060 20802001 2061 13 9 0 2080 13 0 9 2071 2079 2047 2048 2052 2063 2065 2069 2010 13 0 0 201913 1 7 1999 1333 2056 2064 2035 20392043 2017 2075 2031 -N o t t o S c a l e - -N o t a S u r v e y - RU Attachment number 1 \nPage 10 of 22 Item # 13 Future Land Use Map 3 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-49986-000-0040 03-29-15-87912-003-0080 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LA 30 30 60 60 60 6060 60 60 80 60 80 60 38 60 60 60 60 40 40 33 30 50 33 3330 60 38 60 60 45 45 60 30 3 0 28098 49986 83 9 7 0 87912 O O G 3 4 5 6 7 8 9 14 15 16 17 18 19 20 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 6 7 8 9 15 16 17 18 13 14 15 16 17 18 1920212223 1234 5 6789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 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 5 6 7 12 13 14 15 16 5 6 7 12 13 14 5 6 7 8 1 2 3 4 5 6 7 8 22 5033 60 60 42/015 1 1 1 1 1 1 1 RU RU RU RU R/OS RU RU RU RU RU RU P RU RU RU I P P RM RU RU RM RU BET TY LN STATE ST SUNSET POINT RD SEDEEVA CIR N CH E N A N G O A V E CO L E S R D MACOMBER AVE BERTLAND WAY ALOHA LN 12 9 0 1950 1952 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1942 1969 13 2 7 12 2 4 1971 1925 1923 13 1 8 13 1 4 13 0 2 13 0 0 1901 1909 1913 1915 191 7 12 1 9 12 1 5 1901 1903 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 19131908 1949 1943 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 12 8 7 12 7 9 12 7 5 12 7 3 12 5 5 12 5 1 12 3 7 1239 1904 1910 12 1 0 12 3 4 12 3 1 12 2 5 12 2 3 12 3 2 12 2 6 12 2 2 12 2 1 12 2 9 12 3 3 12 3 7 1936 1932 12 9 4 12 7 3 12 1 3 1938 1936 1930 1916 1914 1918 12 9 5 1940 19261928 12 9 5 251 1992 1979 13 2 9 1927 13 0 4 12 1 3 12 5 6 1935 1921 1917 1920 1928 1915 1919 1927 1931 1933 1937 12 8 7 1918 1920 1940 1944 1919 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 1947 193 3 12 3 0 1978 1974 12 8 3 12 7 1 12 6 7 1961 1963 1969 1245 1249 1251 1257 1261 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1236 1234 123 122 1981 1987 1995 1231 1227 1223 1225 1225 1217 1224 1224 1218 1216 1212 1226 1220 1216 1233 raf wr -N o t t o S c a l e - -N o t a S u r v e y - RU RU Attachment number 1 \nPage 11 of 22 Item # 13 Zoning Map 1 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-15840-001-0290 03-29-15-15840-002-0100 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 66 60 60 60 60 60 60 60 60 60 60 60 60 60 15840 46998 80388 47 4 3 0 A B C A BD E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 12 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 18 60 60 63 30 E J 1 3 8 9 10 11 1 2 3 4 5 6 7 8 9 1011 1 1 1 1 1 1 PALM ST UNION ST BETTY LN IDLEWILD DR BERMUDA ST DOUGLAS AVE WO ODL AW N TER LMDR 12 4 4 12 7 1 12 6 3 2022 12 9 1 2020 2022 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 2020 2022 2024 1212 1290 1284 1280 1272 1266 1220 2031 1225 1201 1293 1211 1209 1282 1206 2077 2063 1283 1263 1207 MDR 1255 1259 5187283 1277 1273 1271 267 265 61 539454135 231 1225 213 09 2024 2028 2030 1296 1286 2021 20272026 1266 1262 1232 1234 1235 1223 2021 2017 1207 2021 2029 1292 1260 1254 1250 1246 1242 1226 12221210 1231 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1239 1235 1221 1217 1211 1276 1268 1264 1262 1256 1250 1242 1234 1232 1228 1220 1216 1212 1206 2049 2060 2064 2066 1283 1279 1275 1267 1255 1257 1251 1245 1239 1235 1233 1231 1221 1215 1278 1274 1270 1266 1262 1260 1256 1250 1246 1244 1238 1234 1230 1224 1222 1220 1212 1253 1275 1273 1271 1265 1267 1259 1247 1245 1241 1237 1235 1227 1223 1219 1215 1211 2061 2015 1244½ -N o t t o S c a l e - -N o t a S u r v e y - LMDR LMDR Attachment number 1 \nPage 12 of 22 Item # 13 Zoning Map 2 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-12060-004-0010 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 33 30 3060606060 60 60 60 60 60 60 60 60 60 60 60 87.7 60 45 40 60 15 40 15 87.7 12060 98074 ABC D E F G H I J K L M N 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18192021222324 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 36 30 30 36 50 67 6869707172737475106107108109110111 *SEE 1 UNION ST BETTY LN KINGS HWY ARBELIA ST TH E M ALL IDLEWILD DR PO I N S E T T A A V E EVE RGR E EN AV E LANTANA AVE MDR HDR MDR 13 3 1 13 2 1 13 2 5 13 1 7 13 4 1 13 3 7 2080 2066 13 3 0 13 2 2 2080 2084 13 4 5 2052 2098 2068 2070 2072 13 0 9 2083 13 1 0 13 0 0 2026 2028 13 1 0 13 0 0 2025 13 2 5 13 1 7 13 0 1 2060 1333 2010 LMDR MDR LMDR LMDR 2020 2067 2048 2050 2058 20252021 2088 2040 2044 2084 2014 2077 2076 2063 2049 2057 2071 2077 2081 2075 2079 2071 13 5 3 13 4 9 13 5 5 2000 2049 2053 2067 2060 20802001 2061 13 9 0 2080 2071 2079 2047 2048 2052 2063 2065 2069 2010 2019 1999 2056 2064 2035 20392043 2017 2075 2031 -N o t t o S c a l e - -N o t a S u r v e y - LMDR Attachment number 1 \nPage 13 of 22 Item # 13 Zoning Map 3 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-49986-000-0040 03-29-15-87912-003-0080 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LA 30 30 60 60 60 6060 60 60 80 60 80 60 38 60 60 60 60 40 40 33 30 50 33 3330 60 38 60 60 45 45 60 30 3 0 28098 49986 83 9 7 0 87912 O O G 3 4 5 6 7 8 9 14 15 16 17 18 19 20 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 6 7 8 9 15 16 17 18 13 14 15 16 17 18 1920212223 1234 5 6789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 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 6 7 12 13 14 15 16 5 6 7 12 13 14 5 6 7 8 1 2 3 4 5 6 7 8 22 5033 60 60 42/015 1 1 1 1 1 1 1 BET TY LN STATE ST SUNSET POINT RD SEDEEVA CIR N CH E N A N G O A V E CO L E S R D MACOMBER AVE BERTLAND WAY ALOHA LN I LMDR OS/R MDR LMDR 12 9 0 1950 1952 12 7 8 12 7 4 1942 1969 13 2 7 12 2 4 1971 1927 1925 1923 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1909 1913 1915 1917 12 1 3 12 1 9 12 1 5 1901 1903 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 19131908 1947 1949 1943 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 196912 5 5 12 5 1 12 3 7 1239 12 2 3 1904 1910 12 1 7 12 1 0 12 3 4 12 3 1 12 2 5 12 2 3 12 3 2 12 2 6 12 2 2 12 2 1 12 2 9 12 3 3 12 3 7 MDR LMDR LMDR 1936 1932 12 9 4 12 9 0 12 8 6 12 8 2 12 7 3 12 1 3 1938 1936 1930 1916 1914 1918 12 9 5 1940 19261928 12 9 5 251 1992 1979 13 2 9 12 5 6 1935 1921 1917 1920 1928 1915 1919 1927 1931 1933 1937 12 8 7 1918 1920 1940 1944 1919 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 1933 12 3 0 1978 1974 12 8 3 1961 1963 1245 1249 1251 1257 1261 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 125 1244 1240 123 1234 123 122 1981 1987 1995 1231 1227 1225 1225 1224 1224 1218 1216 1212 1226 1220 1216 1233 raf wr -N o t t o S c a l e - -N o t a S u r v e y - LMDR LMDR Attachment number 1 \nPage 14 of 22 Item # 13 Existing Surrounding Uses Map 1 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-15840-001-0290 03-29-15-15840-002-0100 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 66 60 60 60 60 60 60 60 60 60 60 60 60 60 15840 46998 80388 47 4 3 0 A B C A BD E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 1 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 18 60 60 63 30 E J 1 3 8 9 10 11 1 2 3 4 5 6 7 8 9 1011 1 1 1 1 1 1 PALM ST UNION ST BETTY LN IDLEWILD DR BERMUDA ST DOUGLAS AVE WOO D LAW N T ER 12 4 4 12 7 1 12 6 3 12 7 3 2022 12 9 1 2020 2022 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 2020 2022 2024 1212 1290 1284 1280 1272 1266 1226 1222 1220 2031 1225 1201 1293 1211 1209 1282 1206 2077 2063 1283 1263 1207 1255 1259 5187283 1277 1271 267 265 61 53 49454135 231 1225 213 09 2024 2028 2030 1296 1286 2021 20272026 1266 1262 1232 1234 1235 1223 2021 2017 1207 2021 2029 1292 1260 1254 1250 1246 1242 1210 1231 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1239 1235 1221 1217 1211 1276 1268 1264 1262 1256 1250 1242 1234 1232 1228 1220 1216 1212 1206 2049 2060 2064 2066 1283 1279 1275 1267 1255 1257 1251 1245 1239 1235 1233 1231 1221 1215 1278 1274 1270 1266 1262 1260 1256 1250 1246 1244 1238 1234 1230 1224 1222 1220 1212 1253 1275 1273 1271 1265 1267 1259 1247 1245 1241 1237 1235 1227 1223 1219 1215 1211 2061 2 0 1 5 1244½ 1199Traf -N o t t o S c a l e - -N o t a S u r v e y - Single Family Residential Single Family Residential Single Family Residential Attachment number 1 \nPage 15 of 22 Item # 13 Existing Surrounding Uses Map 2 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-12060-004-0010 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 33 30 3060606060 60 60 60 60 60 60 60 60 60 60 60 87.7 60 45 4 0 60 15 40 15 87.7 12060 98074 ABC D E F G H I J K L M N 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18192021222324 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 36 30 30 36 50 67 6869707172737475106107108109110111 *SEE 1 UNION ST BETTY LN KINGS HWY ARBELIA ST THE MALL IDLEWILD DR PO I N S E T T A A V E EV E RGR E EN AV E LANTANA AVE MDR HDR MDR 13 3 1 13 2 1 13 2 5 13 1 7 13 4 1 13 3 7 2080 2066 13 3 0 13 2 2 2080 2084 13 4 5 2052 2098 2068 2070 2072 13 0 9 2083 13 1 0 13 0 0 2026 2028 13 1 0 13 0 0 2025 13 2 5 13 1 7 13 0 1 2060 1333 2010 LMDR MDR LMDR LMDR 2020 2067 2048 2050 2058 20252021 2088 2040 2044 2084 2014 2077 2076 2063 2049 2057 2071 2077 2081 2075 2079 2071 13 5 3 13 4 9 13 5 5 2000 2049 2053 2067 2060 20802001 2061 13 9 0 2080 2071 2079 2047 2048 2052 2063 2065 2069 2010 2019 1999 2056 2064 2035 20392043 2017 2075 2031 -N o t t o S c a l e - -N o t a S u r v e y - Single Family Residential Single Family Residential Multi-Family Residential Attachment number 1 \nPage 16 of 22 Item # 13 Existing Surrounding Uses Map 3 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-49986-000-0040 03-29-15-87912-003-0080 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 30 30 60 60 60 6060 60 60 80 60 80 60 38 60 60 60 60 40 40 33 30 50 33 3330 60 38 60 60 45 45 60 30 3 0 28098 49986 83 9 7 0 87912 O O G 3 4 5 6 7 8 9 14 15 16 17 18 19 20 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 6 7 8 9 15 16 17 18 13 14 15 16 17 18 1920212223 1234 5 6789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 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 5 6 7 12 13 14 15 16 5 6 7 12 13 14 5 6 7 8 1 2 3 4 5 6 7 8 22 60 5033 60 60 1 2 3 4 5 6 42/015 1 1 1 1 1 1 1 BET TY LN STATE ST SUNSET POINT RD SEDEEVA CIR N CH E N A N G O A V E CO L E S R D MACOMBER AVE BERTLAND WAY ALOHA LN 12 9 0 1950 1952 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1942 1969 13 2 7 12 2 4 1971 1927 1925 1923 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1909 1913 1915 191 7 12 1 3 12 1 9 12 1 5 1901 1903 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 19131908 1947 1949 1943 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 196912 5 5 12 5 1 12 3 7 1239 12 3 1 12 2 7 12 2 3 12 2 5 12 2 5 1904 1910 12 1 7 12 1 0 12 3 4 12 1 2 12 3 1 12 2 5 12 2 3 12 3 2 12 2 6 12 2 2 12 2 1 12 2 9 12 3 3 12 3 7 1936 1932 12 9 4 12 7 3 12 1 3 1938 1936 1930 1916 1914 1918 12 9 5 1940 19261928 12 9 5 12 5 1 1992 1979 13 2 9 12 5 6 1935 1921 1917 1920 1928 1915 1919 1927 1931 1933 1937 12 8 7 1918 1920 1940 1944 1919 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 193 3 12 3 0 1978 1974 12 8 3 1961 1963 1245 1249 1251 1257 1261 127 12121212121212121212121212121212 1981 1987 1995 1224 1224 1218 1216 1226 1220 1216 1233 Traf Towr -N o t t o S c a l e - -N o t a S u r v e y - Single Family Residential Single Family Residential Single Family Residential Attachment number 1 \nPage 17 of 22 Item # 13 ANX2013-12034 Multiple Owners –Idlewild Area 1215 Palm Street View looking south at the subject property 1215 Palm Street East of the subject property Across the street, to the north of the subject property West of the subject property View looking easterly along Palm Street View looking westerly along Palm Street Attachment number 1 \nPage 18 of 22 Item # 13 ANX2013-12034 Multiple Owners –Idlewild Area 1238 Palm Street View looking north at the subject property 1238 Palm Street West of the subject property Across the street, to the south of the subject property East of the subject property View looking easterly along Palm Street View looking westerly along Palm Street Attachment number 1 \nPage 19 of 22 Item # 13 ANX2013-12034 Multiple Owners –Idlewild Area 1349 Union Street View looking south at the subject property 1349 Union Street East of the subject property Across the street, to the north of the subject property West of the subject property View looking westerly along Union Street View looking easterly along Union Street Attachment number 1 \nPage 20 of 22 Item # 13 ANX2013-12034 Multiple Owners –Idlewild Area 1329 State Street View looking south at the subject property 1329 State Street East of the subject property Across the street, to the north of the subject property West of the subject property View looking easterly along State Street View looking westerly along State Street Attachment number 1 \nPage 21 of 22 Item # 13 ANX2013-12034 Multiple Owners –Idlewild Area 1230 Aloha Lane View looking north at the subject property 1230 Aloha Lane West of the subject property Across the street, to the southwest of the subject property Southeast of the subject property View looking southerly along Coles Road View looking westerly along Aloha Lane Attachment number 1 \nPage 22 of 22 Item # 13 Ordinance No. 8537-14 ORDINANCE NO. 8537-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF DOUGLAS AVENUE AND WEST OF KINGS HIGHWAY, NORTH OF SUNSET POINT ROAD AND SOUTH OF UNION STREET, CONSISTING OF PORTIONS OF SECTION 05 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1238 PALM STREET, 1215 PALM STREET, 1349 UNION STREET, 1329 STATE STREET, 1230 ALOHA LANE, ALL IN CLEARWATER, FLORIDA 33755 , 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 maps attached hereto as Exhibit B, C and D have petitioned the City of Clearwater to annex the properties 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 properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal descriptions, Exhibit A. (ANX2014-12034) The maps attached as Exhibit B, C and D are 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 2 \nPage 1 of 15 Item # 13 2 Ordinance No. 8537-14 PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk Attachment number 2 \nPage 2 of 15 Item # 13 [GM10-1420-080/141724/1] Exhibit A LEGAL DESCRIPTIONS ANX2013‐12034 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-15840-001-0290 Block A, Lot 29 1238 Palm Street 2. 03-29-15-15840-002-0100 Block B, East 50feet of Lot 10 & West 20feet of Lot 11 1215 Palm Street All the above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 3. 03-29-15-12060-004-0010 Block D, Lot 1 1349 Union Street The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 12, PAGE 59, of the Public Records of Pinellas County, Florida; ========================================================================================= No. Parcel ID Legal Description Address 4. 03-29-15-49986-000-0040 North 150feet of Lot 4 1329 State Street The above in LANGE’S REPLAT OF BROWN’S subdivision, as recorded in PLAT BOOK 24, PAGE 74, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 5. 03-29-15-87912-003-0080 Block 3, Lot 8 1230 Aloha Lane The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. ========================================================================================= Attachment number 2 \nPage 3 of 15 Item # 13 Exhibit B Proposed Annexation Map 1 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-15840-001-0290 03-29-15-15840-002-0100 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 50 60 66 60 60 60 60 60 60 60 60 60 60 60 60 60 15840 46998 80388 47 4 3 0 A B C A BD E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 141516 17 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 1 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 18 60 60 63 30 E J 1 3 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 1 1 1 1 1 1 PALM ST UNION ST BE T T Y L N IDLEWILD D R BERMUDA ST DO U G L A S A V E WOODLAWN TER 12 4 4 12 7 1 12 6 3 12 7 3 2022 12 9 1 2020 2022 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 2020 2022 2024 12 1 2 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 6 12 2 2 12 2 0 2031 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 2016 12 5 5 12 5 9 12 9 5 12 9 1 12 8 7 12 8 3 12 7 7 12 7 1 12 6 7 12 6 5 12 6 1 12 5 3 12 4 9 12 4 5 12 4 1 12 3 5 12 3 1 12 2 5 12 1 3 12 0 9 2024 2028 2030 12 9 6 12 8 6 2021 20272026 12 6 6 12 6 2 12 3 2 12 3 4 12 3 5 12 2 3 2021 2017 12 0 7 2021 2029 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 1 0 12 3 1 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 8 12 7 4 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 12 5 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 2061 201 5 2024½ 12 4 4 ½ 11 9 9 T r a f -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 4 of 15 Item # 13 Exhibit C Proposed Annexation Map 2 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-12060-004-0010 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 33 30 3060606060 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 60 45 4 0 60 15 40 15 87.7 12060 98074 A B C D E F G H I J K L M N 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18192021222324 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 36 30 30 36 50 67 6869707172737475106107108109110111 *SEE PLAT FOR DIMENSIONS 1 1 UNION ST BE T T Y L N KI N G S H W Y ARBELIA ST TH E M A L L IDLEWILD DR PO I N S E T T A A V E EV E R G R E E N A V E LA N T A N A A V E MDR HDR MDR 13 3 1 13 2 1 13 2 5 13 1 7 13 4 1 13 3 7 2080 2066 13 3 0 13 2 2 2080 2084 13 4 5 2052 2098 2068 2070 2072 13 0 9 2083 13 1 0 13 0 0 2026 2028 13 1 0 13 0 0 2025 13 2 5 13 1 7 13 0 1 2060 13 3 3 2010 LMDR LMDR LMDR LMDR 2020 2067 2048 2050 2058 20252021 2088 2040 2044 2084 2014 2077 2076 2063 2049 2057 2071 2077 2081 2075 2079 2071 13 5 3 13 4 9 13 5 5 2000 2049 2053 2067 2060 20802001 2061 13 9 0 2080 2071 2079 2047 2048 2052 2063 2065 2069 2010 2019 2022 2024 2028 1999 2056 2064 2035 20392043 2017 2075 2031 -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 5 of 15 Item # 13 Exhibit D Proposed Annexation Map 3 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-49986-000-0040 03-29-15-87912-003-0080 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LAKE 30 30 60 60 60 60 60 60 60 80 60 80 60 38 60 60 60 60 40 40 33 30 50 33 3330 60 38 60 60 45 45 60 30 3 0 28098 49986 83 9 7 0 87912 O O G 3 4 5 6 7 8 9 14 15 16 17 18 19 20 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 6 7 8 9 15 16 17 18 13 14 15 16 17 18 1920212223 123 4 5 6789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 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 5 6 7 12 13 14 15 16 5 6 7 12 13 14 5 6 7 8 1 2 3 4 5 6 7 8 22 60 50 33 60 60 1 2 3 4 5 6 42/015 1 1 1 1 1 1 1 BE T T Y L N STATE ST SUNSET POINT RD SEDEEVA CIR N CH E N A N G O A V E CO L E S R D MA C O M B E R A V E BERTLAND WAY ALOHA LN 12 9 0 1950 1952 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1942 1969 13 2 7 12 2 4 1971 1927 1925 1923 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1909 1913 1915 1917 12 1 3 12 1 9 12 1 5 1901 1903 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 19131908 1947 1949 1943 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 196912 5 5 12 5 1 12 3 7 12 3 9 12 3 1 12 2 7 12 2 3 12 2 5 12 2 5 1904 1910 12 1 7 12 1 0 12 3 4 12 1 2 12 3 1 12 2 5 12 2 3 12 3 2 12 2 6 12 2 2 12 2 1 12 2 9 12 3 3 12 3 7 1936 1932 12 9 4 12 7 3 12 1 3 1938 1936 1930 1916 1914 1918 12 9 5 1940 19261928 12 9 5 12 5 1 1992 1979 13 2 9 12 5 6 1935 1921 1917 1920 1928 1915 1919 1927 1931 1933 1937 12 8 7 1918 1920 1940 1944 1919 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 1933 12 3 0 1978 1974 12 8 3 1961 1963 1245 1249 1251 1257 1261 12 7 8 12 7 6 12 7 4 12 7 2 12 7 0 12 6 8 12 6 6 12 6 4 12 6 0 12 5 8 12 5 6 12 4 4 12 4 0 12 3 6 12 3 4 12 3 0 12 2 2 1981 1987 1995 12 2 4 12 2 4 12 1 8 12 1 6 12 2 6 12 2 0 12 1 6 12 3 3 12 9 9 T r a f 13 0 1 T o w r -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 2 \nPage 6 of 15 Item # 13 Ordinance No.8538 -14 ORDINANCE NO. 8538-14 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 DOUGLAS AVENUE AND WEST OF KINGS HIGHWAY, NORTH OF SUNSET POINT ROAD AND SOUTH OF UNION STREET, CONSISTING OF PORTIONS OF SECTION 05 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1238 PALM STREET, 1215 PALM STREET, 1349 UNION STREET, 1329 STATE STREET, 1230 ALOHA LANE, ALL IN CLEARWATER, FLORIDA 33755 , 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 properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Legal Descriptions Exhibit A Residential Urban (RU) (ANX2013-12034) The maps attached as Exhibits B, C and D are 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. 8537-14. 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 2 \nPage 7 of 15 Item # 13 Exhibit B Future Land Use Map 1 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-15840-001-0290 03-29-15-15840-002-0100 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 50 50 60 66 60 60 60 60 60 60 60 60 60 60 60 60 60 15840 46998 80388 47 4 3 0 A B C A BD E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 67 8 9 10 11 12 13141516 17 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 1 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 18 60 60 63 30 E J 1 3 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 1 1 1 1 1 1 RU RU RU RU RU RU RU RU RU RU RU RU RURU RU PALM ST UNION ST BE T T Y L N IDLEWILD D R BERMUDA ST DO U G L A S A V E WOODLAWN TER 12 4 4 12 5 5 12 5 9 12 7 1 12 6 3 12 7 7 12 6 7 12 2 5 12 1 3 2022 2024 2030 12 9 1 12 9 6 12 8 6 2021 2027 2020 2022 2026 12 6 6 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 12 3 4 12 6 5 12 6 1 12 5 7 12 4 3 12 3 5 12 2 3 2021 2017 2020 2022 2024 12 1 2 2029 12 9 0 12 9 2 12 8 4 12 8 0 12 7 2 12 6 6 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 12 3 1 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 2 1 12 1 7 12 1 1 12 0 1 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2060 2064 2066 12 9 3 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 2 1 12 1 1 12 0 9 12 8 2 12 7 8 12 7 4 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 8 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 6 3 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 12 0 7 2061 20 1 5 12 4 4 ½ 2016 2012 12 9 5 12 9 1 12 8 7 12 8 3 12 7 3 12 7 1 12 6 5 12 6 1 12 5 3 12 4 9 12 4 5 12 4 1 12 3 5 12 3 1 12 0 9 2028 12 3 2 12 4 5 12 0 7 2021 2031 12 7 6 12 3 2 2049 12 1 5 12 3 8 2024½ 11 9 9 T r a f -N o t t o S c a l e - -N o t a S u r v e y - RU RU Attachment number 2 \nPage 8 of 15 Item # 13 Exhibit C Future Land Use Map 2 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of 'RXJODV$YHQXH, north of Sunset 3RLQWRoad (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-12060-004-0010 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 33 30 3060606060 60 60 60 60 60 60 60 60 60 60 60 60 87.7 60 45 4 0 60 15 40 15 87.7 12060 98074 A B C D E F G H I J K L M N 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18192021222324 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 36 30 30 36 50 67 6869707172737475106107108109110111 *SEE PLAT FOR DIMENSIONS 1 1 RH RM RU RU RU RU RU RM RU RU RM RU RU RU RU RM RM RH RU RU RU RU RM RU RM RU RU RU RM WATER RU RU RU RU RU UNION ST BE T T Y L N KI N G S H W Y ARBELIA ST TH E M A L L IDLEWILD DR PO I N S E T T A A V E EV E R G R E E N A V E LA N T A N A A V E 13 3 1 13 1 7 13 4 1 2080 2014 2066 13 3 0 13 2 2 2084 13 4 5 2052 2098 2068 2070 2072 2083 13 1 0 13 0 0 2026 2028 13 1 0 2025 13 2 5 13 0 1 2060 2010 13 2 1 13 2 5 2020 2067 13 3 7 2048 2050 2058 20252021 2088 2040 2044 2084 2077 2076 2063 2049 2057 20802071 2077 2081 2075 2079 2071 13 5 3 13 4 9 13 5 5 2000 2049 2053 2067 2060 20802001 2061 13 9 0 2080 13 0 9 2071 2079 2047 2048 2052 2063 2065 2069 2010 13 0 0 201913 1 7 1999 13 3 3 2056 2064 2035 20392043 2017 2075 2031 -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 9 of 15 Item # 13 Exhibit D Future Land Use Map 3 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-49986-000-0040 03-29-15-87912-003-0080 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LAKE 30 30 60 60 60 60 60 60 60 80 60 80 60 38 60 60 60 60 40 40 33 30 50 33 3330 60 38 60 60 45 45 60 30 3 0 28098 49986 83 9 7 0 87912 O O G 3 4 4 5 6 7 8 9 13 14 15 16 17 18 19 20 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 6 7 8 9 15 16 17 18 13 14 15 16 17 18 1920212223 123 4 5 6789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 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 5 6 7 12 13 14 15 16 5 6 7 12 13 14 5 6 7 8 1 2 3 4 5 6 7 8 22 50 33 60 60 42/015 1 1 1 1 1 1 1 RU RU RU RU R/OS RU RU RU RU RU RU P RU RU RU I P P RM RU RU RM RU BE T T Y L N STATE ST SUNSET POINT RD SEDEEVA CIR N CH E N A N G O A V E CO L E S R D MA C O M B E R A V E BERTLAND WAY ALOHA LN 12 9 0 1950 1952 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1942 1969 13 2 7 12 2 4 1971 1925 1923 13 1 8 13 1 4 13 0 2 13 0 0 1901 1909 1913 1915 1917 12 1 9 12 1 5 1901 1903 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 19131908 1949 1943 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 12 8 7 12 7 9 12 7 5 12 7 3 12 5 5 12 5 1 12 3 7 12 3 9 1904 1910 12 1 0 12 3 4 12 3 1 12 2 5 12 2 3 12 3 2 12 2 6 12 2 2 12 2 1 12 2 9 12 3 3 12 3 7 1936 1932 12 9 4 12 7 3 12 1 3 1938 1936 1930 1916 1914 1918 12 9 5 1940 19261928 12 9 5 12 5 1 1992 1979 13 2 9 1927 13 0 4 12 1 3 12 5 6 1935 1921 1917 1920 1928 1915 1919 1927 1931 1933 1937 12 8 7 1918 1920 1940 1944 1919 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 1947 1933 12 3 0 1978 1974 12 8 3 12 7 1 12 6 7 1961 1963 1969 1245 1249 1251 1257 1261 12 7 8 12 7 6 12 7 4 12 7 2 12 7 0 12 6 8 12 6 6 12 6 4 12 6 0 12 5 8 12 5 6 12 4 4 12 4 0 12 3 6 12 3 4 12 3 0 12 2 2 1981 1987 1995 12 3 1 12 2 7 12 2 3 12 2 5 12 2 5 12 1 7 12 2 4 12 2 4 12 1 8 12 1 6 12 1 2 12 2 6 12 2 0 12 1 6 12 3 3 12 9 9 T r a f 13 0 1 T o w r -N o t t o S c a l e - -N o t a S u r v e y - RU RU Attachment number 2 \nPage 10 of 15 Item # 13 2 Ordinance No. 8539-14 ORDINANCE NO. 8539-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF DOUGLAS AVENUE AND WEST OF KINGS HIGHWAY, NORTH OF SUNSET POINT ROAD AND SOUTH OF UNION STREET, CONSISTING OF PORTIONS OF SECTION 05 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1238 PALM STREET, 1215 PALM STREET, 1349 UNION STREET, 1329 STATE STREET, 1230 ALOHA LANE, ALL IN CLEARWATER, FLORIDA 33755, 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 properties located in Pinellas County, Florida, are 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 Description Exhibit A Low Medium Density Residential (LMDR) (ANX2013-12034) The maps attached as Exhibits B, C and D are 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. 8537-14. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 2 \nPage 11 of 15 Item # 13 2 Ordinance No. 8539-14 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 12 of 15 Item # 13 Exhibit B Zoning Map 1 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-15840-001-0290 03-29-15-15840-002-0100 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 60 66 60 60 60 60 60 60 60 60 60 60 60 60 60 15840 46998 80388 47 4 3 0 A B C A BD E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 12 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 18 60 60 63 30 E J 1 3 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 1 1 1 1 1 1 PALM ST UNION ST BE T T Y L N IDLEWILD D R BERMUDA ST DO U G L A S A V E WOODLAWN TER LMDR 12 4 4 12 7 1 12 6 3 2022 12 9 1 2020 2022 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 6 1 12 5 7 12 4 5 12 4 3 2020 2022 2024 12 1 2 12 9 0 12 8 4 12 8 0 12 7 2 12 6 6 12 2 0 2031 12 2 5 12 0 1 12 9 3 12 1 1 12 0 9 12 8 2 12 0 6 2077 2063 12 8 3 12 6 3 12 0 7 MDR 12 5 5 12 5 9 12 9 5 12 9 1 12 8 7 12 8 3 12 7 7 12 7 3 12 7 1 12 6 7 12 6 5 12 6 1 12 5 3 12 4 9 12 4 5 12 4 1 12 3 5 12 3 1 12 2 5 12 1 3 12 0 9 2024 2028 2030 12 9 6 12 8 6 2021 20272026 12 6 6 12 6 2 12 3 2 12 3 4 12 3 5 12 2 3 2021 2017 12 0 7 2021 2029 12 9 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 2 6 12 2 2 12 1 0 12 3 1 2044 12 9 3 12 7 9 12 7 7 12 7 1 12 6 7 12 6 5 12 5 9 12 5 5 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 1 12 1 7 12 1 1 12 7 6 12 6 8 12 6 4 12 6 2 12 5 6 12 5 0 12 4 2 12 3 4 12 3 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 2049 2060 2064 2066 12 8 3 12 7 9 12 7 5 12 6 7 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 2 1 12 1 5 12 7 8 12 7 4 12 7 0 12 6 6 12 6 2 12 6 0 12 5 6 12 5 0 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 2 4 12 2 2 12 2 0 12 1 2 12 5 3 12 7 5 12 7 3 12 7 1 12 6 5 12 6 7 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 3 5 12 2 7 12 2 3 12 1 9 12 1 5 12 1 1 2061 20 1 5 12 4 4 ½ -N o t t o S c a l e - -N o t a S u r v e y - LMDR LMDR Attachment number 2 \nPage 13 of 15 Item # 13 Exhibit C Zoning Map 2 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-12060-004-0010 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 33 30 3060606060 60 60 60 60 60 60 60 60 60 60 60 60 87.7 60 45 4 0 60 15 40 15 87.7 12060 98074 A B C D E F G H I J K L M N 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18192021222324 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 123 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 36 30 30 36 50 67 6869707172737475106107108109110111 *SEE PLAT FOR DIMENSIONS 1 1 UNION ST BE T T Y L N KI N G S H W Y ARBELIA ST TH E M A L L IDLEWILD DR PO I N S E T T A A V E EV E R G R E E N A V E LA N T A N A A V E MDR HDR MDR 13 3 1 13 2 1 13 2 5 13 1 7 13 4 1 13 3 7 2080 2066 13 3 0 13 2 2 2080 2084 13 4 5 2052 2098 2068 2070 2072 13 0 9 2083 13 1 0 13 0 0 2026 2028 13 1 0 13 0 0 2025 13 2 5 13 1 7 13 0 1 2060 13 3 3 2010 LMDR LMDR LMDR LMDR 2020 2067 2048 2050 2058 20252021 2088 2040 2044 2084 2014 2077 2076 2063 2049 2057 2071 2077 2081 2075 2079 2071 13 5 3 13 4 9 13 5 5 2000 2049 2053 2067 2060 20802001 2061 13 9 0 2080 2071 2079 2047 2048 2052 2063 2065 2069 2010 2019 2022 2024 2028 1999 2056 2064 2035 20392043 2017 2075 2031 -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 14 of 15 Item # 13 Exhibit D Zoning Map 3 of 3 Owner MULTIPLE OWNERS Case: ANX2013-12034 Site: Idlewild Septic-to-Sewer Project Area: Five lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size (Acres): 0.927 acres Land Use Zoning PIN: 03-29-15-49986-000-0040 03-29-15-87912-003-0080 From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LAKE 30 30 60 60 60 60 60 60 60 80 60 80 60 38 60 60 60 60 40 40 33 30 50 33 3330 60 38 60 60 45 45 60 30 3 0 28098 49986 83 9 7 0 87912 O O G 3 4 4 5 6 7 8 9 14 15 16 17 18 19 20 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 6 7 8 9 15 16 17 18 13 14 15 16 17 18 1920212223 123 4 5 6789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 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 6 7 12 13 14 15 16 5 6 7 12 13 14 5 6 7 8 1 2 3 4 5 6 7 8 22 50 33 60 60 42/015 1 1 1 1 1 1 1 BE T T Y L N STATE ST SUNSET POINT RD SEDEEVA CIR N CH E N A N G O A V E CO L E S R D MA C O M B E R A V E BERTLAND WAY ALOHA LN I LMDR OS/R MDR LMDR 12 9 0 1950 1952 12 7 8 12 7 4 1942 1969 13 2 7 12 2 4 1971 1927 1925 1923 13 1 8 13 1 4 13 0 4 13 0 2 13 0 0 1901 1909 1913 1915 1917 12 1 3 12 1 9 12 1 5 1901 1903 12 4 6 12 4 8 1916 1918 1924 1926 1932 1938 1936 1940 19131908 1947 1949 1943 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 196912 5 5 12 5 1 12 3 7 12 3 9 12 2 3 1904 1910 12 1 7 12 1 0 12 3 4 12 3 1 12 2 5 12 2 3 12 3 2 12 2 6 12 2 2 12 2 1 12 2 9 12 3 3 12 3 7 MDR LMDR LMDR 1936 1932 12 9 4 12 9 0 12 8 6 12 8 2 12 7 3 12 1 3 1938 1936 1930 1916 1914 1918 12 9 5 1940 19261928 12 9 5 12 5 1 1992 1979 13 2 9 12 5 6 1935 1921 1917 1920 1928 1915 1919 1927 1931 1933 1937 12 8 7 1918 1920 1940 1944 1919 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 1933 12 3 0 1978 1974 12 8 3 1961 1963 1245 1249 1251 1257 1261 12 7 8 12 7 6 12 7 4 12 7 2 12 7 0 12 6 8 12 6 6 12 6 4 12 6 0 12 5 8 12 5 6 12 4 4 12 4 0 12 3 6 12 3 4 12 3 0 12 2 2 1981 1987 1995 12 3 1 12 2 7 12 2 5 12 2 5 12 2 4 12 2 4 12 1 8 12 1 6 12 1 2 12 2 6 12 2 0 12 1 6 12 3 3 12 9 9 T r a f 13 0 1 T o w r -N o t t o S c a l e - -N o t a S u r v e y - LMDR LMDR Attachment number 2 \nPage 15 of 15 Item # 13 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Approve a Future Land Use Map amendment from the Residential Urban (RU) classification to the Residential Low Medium (RLM) classification for property located at 2730 Curlew Road (consisting of a portion of Section 17, Township 28 South, Range 16 East), and pass Ordinance 8533-14 on first reading. (LUP2013-11008) SUMMARY: This Future Land Use Map amendment application involves a 1.394-acre property located on the south side of Curlew Road, west of Countryside Boulevard. The property is owned by Bennett Retirement Communities, LLC, which operates a 26-bed Assisted Living Facility, Curlew Care of Clearwater, on site. This property has a Future Land Use Mapclassification of Residential Urban (RU) and zoning designation of Medium Density Residential (MDR). The applicant is requesting to amend the Future Land Use Map classification to the Residential Low Medium (RLM) classification in order to increase the density allowed on the property so that the facility can be expanded through the addition of a new wing. The proposed Residential Low Medium (RLM) classification will allow the existing assisted living facility to expand from a maximum of 30 beds to a maximum of 39 beds without having to relocate to a new parcel. The current Medium Density Residential (MDR) District is consistent with the proposed future land use classification, and therefore no rezoning is requested. The Planning and Development Department has determined that the proposed Future Land Use Mapamendment isconsistent with the Community Development Code as specified below: · The proposed amendment is consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. · The proposed amendment is compatible with the surrounding property and character of the neighborhood. · Sufficient public facilities are available to serve the property. · The proposed amendment will not have an adverse impact on the natural environment, and · The proposed amendment will not have an adverse impact on the use of property in the immediate area. 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 Future 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 reviewed this application at its public hearing on January 21, 2014 and unanimously recommended approval of the Future Land Use Map amendment. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 14 Ordinance No.8533 -14 ORDINANCE NO. 8533-14 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 SOUTH SIDE OF CURLEW ROAD, APPROXIMATELY 2010 FEET WEST OF COUNTRYSIDE BOULEVARD, CONSISTING OF METES & BOUNDS TRACT 31/03 IN SECTION 17, TOWNSHIP 28 S, RANGE 16 E, WHOSE POST OFFICE ADDRESS IS 2730 CURLEW ROAD, CLEARWATER, FLORIDA 33761 FROM RESIDENTIAL URBAN (RU), TO RESIDENTIAL LOW MEDIUM (RLM); 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 Urban (RU) (LUP2013-11008) To: Residential Low Medium (RLM) 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. Attachment number 1 \nPage 1 of 4 Item # 14 Ordinance No.8533 -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 4 Item # 14 Exhibit A Ordinance No. 8533-14 COMMENCE AT THE CENTER OF SECTION 17, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA THENCE RUN S. 0°32’12” E., ALONG THE EAST LINE OF THE NE ¼ OF THE NE ¼ OF THE SW ¼ OF SAID SECTION 17, FOR 50.00 FEET; THENCE N. 89°48’32” W., ALONG THE SOUTHERLY RIGHT‐OF‐WAY LINE OF STATE ROAD 586 FOR 769.73 FEET; THENCE CONTINUE ALONG SAID RIGHT‐OF‐WAY LINE N. 89°48’32” W., FOR 125.47 FEET; THENCE S. 0°11'28" W FOR 10.00 FEET, THENCE N. 89°48'32" W. FOR 39.00 FEET FOR A POINT OF BEGINNING; THENCE FROM THIS POINT OF BEGINNING, CONTINUE N. 89°48'32" W. FOR 60.92 FEET; THENCE ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1969.83 FEET, CENTRAL ANGLE = 00°23’35" FOR AN ARC DISTANCE OF 13.52 FEET, SAID ARC BEING SUBTENDED BY A CHORD OF N. 89°36'44" W FOR 13.52 FEET: THENCE S 0°28'44" E FOR 430.08 FEET: THENCE S. 89°48'32" E FOR 239.02 FEET; THENCE N.0°28'44" W. FOR 98.00 FEET; THENCE N. 68°49'00" W. FOR 89.31 FEET; THENCE N. 0°28'44" W. FOR 110.34 FEET; THENCE N. 73°00'00" W. FOR 101.14 FEET; THENCE N. 0°28'44" W. FOR 121.00 FEET,∙THENCE N. 45°11'28" E. FOR 20.42 FEET, THENCE N. 0°11'28" E. FOR 25.00 FEET TO THE POINT OF BEGINNING. Attachment number 1 \nPage 3 of 4 Item # 14 Exhibit B IRU RU RU RU RU RU R/OS RU RU RU RM RU RU RU RU T/U RURU RL CURLEW RD BRATTLE LN MEADOW WOOD DR ME R L I N D R N O R T H R I D G E D R TASHA DR MERLIN WAY ZA R A W A Y FO X H I L L D R POPPYSEED CT MONTAG U E C T W 1 4 2 5 3 8386 93 82 78 92 8889 80 97 7995 96 94 87 76 84 91 77 98 85 8190 915 107 235 22 4 920 23 1 22 3 23 0 10 8 22 8 916 22 7 22 9 818 23 2 234 22 2 22 5 22 6 28 0 6 3 4 2 4 3416 28 0 4 2805 3394 28 1 3 2811 2815 2819 2823 3 4 2 8 2749 273 2 2 7 2 5 26 8 2 3380 26 9 1 3439 2 7 8 5 27 8 2 3475 27 8 1 1011 27 7 6 3463 2 7 0 5 34153422 27 7 8 27 3 8 26 7 8 27 0 1 3457 26 8 3 26 8 0 263 9 2744 27 1 2 26 7 1 27 6 7 3451 27 4 2 3378 27 6 6 348126 8 7 3417 3376 26 7 0 3382 27 4 1 27 6 4 3379 3416 27 8 3 2651 27 6 8 26 9 4 2 7 1 1 3444 3450 27 1 2 2 7 0 3 2 7 2 3 27 2 9 3421 27 7 6 27 3 1 26 6 7 2656 26 9 5 27 0 0 27 4 7 3475 27 8 2 2738 26 9 9 27 4 6 26 7 9 26 9 6 3463 3487 26 9 3 27 8 0 26 9 8 27 4 0 26 7 2 27 2 8 26 7 5 2662 27 8 0 26 8 8 340 9 27 5 2 27 5 0 3427 266 5 27 7 0 26 9 0 2737 2 7 0 9 26 9 2 2645 3469 3439 27 7 5 27 7 7 2 7 0 4 3486 2743 27 0 6 27 4 0 2657 27 5 2 26 8 0 27 1 9 3451 27 7 3 27 4 0 27 1 3 2 6 7 4 26 7 4 27 6 0 27 5 1 27 8 8 27 8 4 3386 27 1 2 27 4 8 3445 27 2 4 26 6 6 3492 3456 27 0 6 27 4 6 2 7 1 7 3433 27 3 7 27 5 4 34692650 27 7 2 3480 27 0 7 27 1 8 27 3 9 3403 3493 27 7 0 26 8 6 28 0 1 27 3 4 3428 3481 27 4 5 26 8 3 27 7 4 2731 26 8 6 27 4 4 3438 3445 WATER 74 7521 3 21 4 23 3 22 1 21 8 21 7 21 9 21 6 21121 2 22 0 21 5 2818 281 4281 0 28 0 2 3420 34 1 9 34 1 5 28 0 8 28 0 0 2801 28 0 9 34 2 3 27 6 9 27 7 9 27 6 2 27 5 7 3384 27 5 8 27 5 3 27 5 5 27 5 6 27 5 9 27 6 1 3440 3457 3387 26 7 3 3384 27 7 4 3377 27 5 5 27 1 0 27 4 9 27 4 3 3381 27 6 5 2 6 6 8 27 3 0 27 7 1 26 8 1 26 9 7 26 7 9 27 7 9 2750 27 6 7 3434 3385 3410 26 8 7 27 6 4 27 7 3 27 6 3 2644 26 8 9 33903383 2715 -N o t t o S c a l e - -N o t a S u r v e y - RU FUTURE LAND USE MAP Owners: Bennett Retirement Communities, LLC Case: LUP2013-11008 Site: 2730 Curlew Road Property Size(Acres): 1.394 Land Use Zoning PIN: 17-28-16-00000-310-0300 From : To: RU MDR RLM MDR Atlas Page: 178A RLM Attachment number 1 \nPage 4 of 4 Item # 14 E.2. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: January 21, 2014 AGENDA ITEM: G.2. CASE: LUP2013-11008 REQUEST: To amend the Future Land Use Map designation from Residential Urban (RU) to Residential Low Medium (RLM). GENERAL DATA: Agent……………………… Jim Frische Applicant / Owner.............. Bennett Retirement Communities, LLC Location……..................... 2730 Curlew Road, located on the south side of Curlew Road approximately 2010 feet west of Countryside Boulevard Property Size…................. 1.394 acres ANALYSIS: Site Location and Existing Conditions: This case involves a 1.394-acre property located on the south side of Curlew Road, west of Countryside Boulevard. The property is owned by Bennett Retirement Communities, LLC, which operates a 26-bed Assisted Living Facility, Curlew Care of Clearwater, on site. The facility is accessed from Curlew Road, and is primarily situated behind an adjacent parcel on which an animal hospital is located. The applicant would like to expand the business through the addition of a new wing to the facility, which requires an amendment to the Future Land Use Map in order to increase the density allowed on the property. Request: The request is to change the property’s Future Land Use Map designation of Residential Urban (RU) to Residential Low Medium (RLM). There is no need to request a rezoning of the property as the current Medium Density Residential (MDR) District is consistent with the proposed future land use classification. 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. Attachment number 2 \nPage 1 of 10 Item # 14 Community Development Board Level III Comprehensive Plan Amendment Application Review Vicinity Characteristics: Across the street from the property, to the north northeast, is a mobile home park (Pinellas County) the east is an animal hospital (Pinellas County), to the east and south is a single family neighborhood the south and west is a 1.39-acre city park, Country Hollow Park, which has two tennis courts and a path/trail that loops the perimeter of the prop Approximately 739 linear feet, or perimeter property boundary, abuts properties with a Future Land Use classification of (RU). The remainder abuts properties with Recreation/Open Space (R/OS) and Medium (RLM) (across Curlew Road) 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 uses and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 2. 56% 38% 6% Abutting Future Land Use Designations Community Development Board – January 21, 2014 LUP2013-11008- Page 2 of 10 I Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT the property, to the north and is a mobile home park (Pinellas County), to is an animal hospital (Pinellas County), to the single family neighborhood, and to acre city park, Country has two tennis courts and a path/trail that loops the perimeter of the property. linear feet, or 56 percent of the eter property boundary, abuts properties with a Future Land Use classification of Residential Urban ). The remainder abuts properties with ) and Residential Low (across Curlew Road) Future Land (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 esignations appears in Table 2. Abutting Future Land Use Designations Residential Urban (RU) Recreation/Open Space (R/OS) Residential Low Medium (RLM) PLANNING & DEVELOPMENT LONG RANGE DIVISION Attachment number 2 \nPage 2 of 10 Item # 14 Community Development Board – January 21, 2014 LUP2013-11008- 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: Mobile Home Park Residential Low Medium (RLM) R-6, Residential Mobile Home Parks and Subdivisions (Pinellas County) East: Animal Hospital, Single Family Residential Residential Urban (RU) A-E, Agricultural Estate Residential (Pinellas County), Low Medium Density Residential (LMDR) South: Single Family Residential, City Park Residential Urban (RU), Recreation/Open Space (R/OS) Low Medium Density Residential (LMDR), Open Space/Recreation (OS/R) West: City Park Recreation/Open Space (R/OS) Open Space/Recreation (OS/R) Table 2. Uses and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential Urban (RU) Requested FLUM Designation Residential Low Medium (RLM) Primary Uses: Urban Low Density Residential Low to Moderate Density Residential Maximum Density: 7.5 Dwelling Units Per Acre 10 Dwelling Units Per Acre Maximum Intensity: FAR 0.40; ISR 0.65 FAR 0.50; ISR 0.75 Consistent Zoning Districts: Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Mobile Home Park (MHP); 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 2 \nPage 3 of 10 Item # 14 Community Development Board – January 21, 2014 LUP2013-11008- 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. 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.5.2.3 Identify Designated Scenic Non-Commercial Corridors: specially designated roadway for which policies exist to preserve traffic capacity and to protect the aesthetic qualities of the roadway corridor as well as limiting commercial development. 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. Policy E.1.2.5 The City shall prohibit the location of new hospitals, nursing homes and assisted living facilities in the Coastal Storm Area and the area inundated by a category 2 hurricane as depicted by the SLOSH model, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas. Attachment number 2 \nPage 4 of 10 Item # 14 Community Development Board – January 21, 2014 LUP2013-11008- Page 5 of 10 Level III Comprehensive Plan 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 Residential Low Medium (RLM) classification will allow the existing assisted living facility (ALF) to expand from a maximum of 30 beds (7.5 units per acre x 3 beds per permitted dwelling unit) to a maximum of 39 beds (10 units per acre x 3 beds per permitted dwelling unit), without having to relocate to a new parcel. Curlew Road is designated a Scenic Non-Commercial Corridor in the Countywide Rules and is included as a Scenic Corridor on Map A-14 Citywide Design Structure in the Clearwater Comprehensive Plan. An assisted living facility is a “residential equivalent use” and is appropriately located on Curlew Road. 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). The property is not located within the Coastal Storm Area or within the floodplain. Consistency with the Countywide Plan Rules Recommended Findings of Fact: The purpose of the proposed Residential Low Medium (RLM) future land use classification , as specified in Section 2.3.3.2.1 of the Countywide Plan Rules, is to depict those areas of the county that are now developed, or appropriate to be developed, in a low to moderately intensive residential manner; and to recognize such areas as primarily well- suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. This classification is generally appropriate to locations in proximity to urban activity centers; in areas where use and development characteristics are low medium residential in nature; and in areas serving as a transition between low density and high density residential areas. These areas are generally served by and accessed from minor and collector roadways which connect to the arterial and thoroughfare highway network. Curlew Road from US Alternate 19 to McMullen-Booth Road is designated a Primary Scenic/Noncommercial Corridor and the site is located within a segment of Curlew Road that has been classified as Residential according to Section 4.2.7.1.3 of the Countywide Plan Rules (Figure 2). Residential Corridors are areas characterized by low density residential uses and classified as Residential Suburban (RS), Residential Low (RL), or Residential Urban (RU) on the Countywide Future Land Use Plan. Figure 2 Scenic/Noncommercial Corridor Map Attachment number 2 \nPage 5 of 10 Item # 14 Community Development Board – January 21, 2014 LUP2013-11008- Page 6 of 10 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Regarding Residential Classification, Section 4.2.7.1.4.B.1 states that an amendment to the Countywide Plan Map to increase residential density shall be discouraged, except where such amendment is determined to be consistent with the existing delineation of Countywide Plan Map categories, adjoining existing use, and the purpose and intent of the Scenic/Noncommercial Corridor Plan Element. Section 4.2.7.1.3 of the Countywide Plan Rules states that the PPC and CPA shall have the authority to grant exceptions to the concurrent change to the Corridor Subclassification, as reflected on Submap No. 1, upon approval of an amendment to the Countywide Plan Map adjacent to a Scenic/Noncommercial Corridor, based upon a finding that: 1. The size and configuration of the amendment is de minimus in relationship to its frontage on the affected Scenic/Noncommercial Corridor; or 2. The size and configuration of the amendment is de minimus in relationship to the length of the affected Scenic/Noncommercial Corridor; or 3. The size and location of the amendment is consistent in relationship to the surrounding existing Countywide Plan Map designations. The subject property is primarily located adjacent to residential uses to the north, east and south, commercial uses to the east, and recreational uses to the west. The property shares a north-south border of approximately 301 feet to the east with a parcel that has a commercial use but is designated Residential Urban (RU) on the Countywide Future Land Use Map, and due to the shape of these two parcels, the majority of the subject parcel is essentially to the rear of the commercial site. The subject property has approximately 76 feet frontage on Curlew Road, a minor arterial within the City. Only approximately 272 linear feet or 20 percent of the property is abutting existing single-family residential homes. The mobile home development across Curlew Road is designated Residential Low Medium (RLM) on the Countywide Future Land Use Map, and spans approximately 1,115 linear feet along Curlew Road. Utilizing the traffic generation numbers provided within the Countywide Plan Rules for the purpose of calculating typical traffic impacts relative to an amendment, there is the potential for a slight decline in trips generated by the parcel based on the proposed Residential Low Medium (RLM) classification (see Table 5). The subject property is appropriate to be developed in a moderately intensive residential manner with an assisted living facility of this size. The residential equivalent use of the property is consistent with the surrounding residential neighborhoods, and the proposed Residential Low Medium (RLM) classification is consistent with the classification of other parcels also on Curlew Road in the vicinity. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose and locational characteristics of the Countywide Plan Rules. Additionally, the proposed Future Land Use Map amendment is consistent with the Scenic/Noncommercial Corridor Plan Element as it is consistent with adjoining existing uses and uses to the northeast along the same segment of Curlew Road, and the size and configuration of the amendment is de minimus in relationship to its frontage on Curlew Road. Attachment number 2 \nPage 6 of 10 Item # 14 Community Development Board – January 21, 2014 LUP2013-11008- Page 7 of 10 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION 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 family homes, a mobile home park, an animal hospital, and a city park. Residential Low Medium (RLM) future land use classification is found to the north of the property. Residential Urban (RU) future land use classification exists to the east and south, and Recreation/Open Space (R/OS) future land use classification is located south and west of the property. The proposed use of the subject property as an expanded assisted living facility is compatible with the surrounding properties and neighborhood. The proposed Residential Low Medium (RLM) future land use classification permits 10 dwelling units per acre and a floor area ratio (FAR) of 0.50. The future land use designations of surrounding properties include Residential Low Medium (RLM), Residential Urban (RU) (7.5 dwelling units per acre; FAR 0.40), and Recreation/Open Space (R/OS) (FAR 0.25). Recommended Conclusions of Law: The Residential Low Medium (RLM) 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 expansion of the existing assisted living facility at a density and scale that is consistent with existing 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 Residential Low Medium (RLM) 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. 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 Residential Low Medium (RLM) Future Land Use Map category would increase the amount of development potential allowed on the site (see Table 4 below). Attachment number 2 \nPage 7 of 10 Item # 14 Community Development Board – January 21, 2014 LUP2013-11008- 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 “RU” Requested FLUM Designation “RLM” Net Change Site Area 1.394 AC (60,723 SF) 1.394 AC (60,723 SF) Maximum Development Potential 10 DUs / 30 beds 24,289 SF 0.40 FAR 13 DUs / 39 beds 30,361 SF 0.50 FAR 3 DUs / 9 beds 6,072 SF 0.10 FAR Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in Table 5, the proposed change will result in an increase in demand of public facilities and services, but will not degrade them 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 “RU” Requested FLUM Designation “RLM” Streets 95 Trips1 93 Trips1 -2 Yes Potable Water2 2,429 GPD3 3,036 GPD3 607 Yes Wastewater2 1,943 GPD3 2,429 GPD3 486 Yes Solid Waste2 71.7 Tons/Year 89.6 Tons/Year 17.9 Yes Parkland2 0 Acres4 0 Acres4 0 Yes Notes: 1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules. · Residential Low (RU) – 68 vehicle trips per day per acre. · Residential Urban (RLM) – 67 vehicle trips per day per acre. 2. Analysis based on utilization rates for nursing/convalescent homes, which are nonresidential uses. 3. GPD – Gallons per day. 4. 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 slight decrease in the potential maximum daily trips associated with the request for amendment to the Residential Low Medium (RLM) Future Land Use designation. The PM Peak Hour trips are projected to stay level (1,725 trips) with the change in Future Land Use designation. This segment of Curlew Road is currently operating at a Level of Service B, which is above the adopted roadway level of service standard. Attachment number 2 \nPage 8 of 10 Item # 14 Community Development Board – January 21, 2014 LUP2013-11008- Page 9 of 10 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 6. Maximum Potential Traffic Curlew Road (McMullen Booth Rd. to US 19) Existing Conditions Current FLUM1 Proposed FLUM2 Net New Trips Potential Additional Maximum Daily Trips N/A 95 93 -2 Potential Additional Maximum PM Peak HourTrips3 N/A 9 9 0 Roadway Volume (Annual Average Daily) 32,8474 32,942 32,940 -2 Roadway Volume (PM Peak Hour)3 1,716 1,725 1,725 0 Roadway Level of Service PM Peak Hour B4 B5 B5 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 68 trips per day per acre in the Residential Urban (RU) future land use category. 2. Based on PPC calculations of 67 trips per day per acre in the Residential Low Medium (RLM) future land use category. 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 2012 Florida Department of Transportation Quality/Level of Service Handbook. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that there is unlikely to be any additional traffic generated by the proposed amendment, and therefore the proposed amendment will not result in the degradation of the existing level of service on Curlew Road. There is a slight 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: No wetlands appear to be located on the subject property. The property enjoys a mature tree canopy, with the majority of the trees rating three or higher, thus requiring inch for inch replacement should they need to be removed in order to accommodate a larger facility. The applicant is aware of the city’s tree preservation requirements. 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 expand the existing assisted living facility on the site. Any proposed redevelopment is required to be compliant with the City’s tree preservation, landscaping and storm water 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 Attachment number 2 \nPage 9 of 10 Item # 14 Community Development Board – January 21, 2014 LUP2013-11008- Page 10 of 10 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION 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 Urban (RU) classification to the Residential Low Medium (RLM) classification. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Resume Photographs of Site and Vicinity Attachment number 2 \nPage 10 of 10 Item # 14 View looking south at the subject property, 2730 Curlew RoadView looking north at the subject property, 2730 Curlew Road, from Brattle Lane / Country Hollow Park View looking southeasterly from the northern property line toward adjacent properties to the east View looking southeasterly from southern property line toward Brattle Lane ViewlookingwestfromsubjectpropertytowardCountry ViewlookingnorthfromsubjectpropertyacrossCurlewRoad LUP2013-11008 Bennett Retirement Communities, LLC 2730 Curlew Road Page 1 of 2 View looking west from subject property toward Country Hollow Park View looking north from subject property across Curlew Road Attachment number 3 \nPage 1 of 2 Item # 14 East of subject property on Curlew RoadWest of the subject property on Curlew Road View looking easterly on Curlew RoadView looking westerly on Curlew Road LUP2013-11008 Bennett Retirement Communities, LLC 2730 Curlew Road Page 2 of 2 Attachment number 3 \nPage 2 of 2 Item # 14 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Approve a Second Amendment to an existing Development Agreement between RS Clearwater LLC, (the property owner) and the City of Clearwater; adopt Resolution 14-02, and authorize the appropriate officials to execute same. (DVA2013-11001) SUMMARY: The 11.637-acre site is located at the southwest corner of Gulf to Bay Boulevard and South Belcher Road. The property consists of the following three parcels of vacant land 13-29-15-48611-000-0020, 13-29-15-48611-000-0030 and 13-29-15-48611-000- 0040). The property is located within the Commercial (C) District and the Residential/Office/Retail (R/O/R) Future Land Use Plan category. The proposal is to amend a previously approved site plan to allow a Vehicle Service use within the C District as part of a Retail Plaza with a minimum parking ratio of 1.5 spaces per 1,000 square feet of GFA. The Vehicle Service use will be located within a one-story 6,622 square foot at the northwest corner of the site replacing the approved 4,200 square foot proposed office building. On February 16, 2010, the Community Development Board approved a Flexible Development application (FLD2009-12046) to permit 70,212 square feet of Retail Sales and Services uses and 12,787 square feet of Restaurant uses (total commercial floor area of 82,999 square feet) in the proposed Commercial (C) District. This site plan was superseded by application FLD2011-04018 outlined, below. The site was also the subject of a Development Agreement (DVA2009-00005) On July 19, 2011, the Community Development Board approved a Flexible Development application (FLD2011-04018) to permit 40,000 square feet of retail sales and service use, 5,559 square feet of automobile service station use, 4,200 square feet of office use (bank) and 9,400 square feet of restaurant uses (total commercial floor area of 59,159 square feet) in the Commercial (C) District. The site is also subject to a Development Agreement (DVA2011-04001) which amended the original Development Agreement (DVA2009-00005). On March 10, 2010, the City Council approved the original Development Agreement (DVA2009-00005) which provided, in brief: · A maximum of 90,000 square feet of retail and restaurant development; · 495 parking spaces; · A maximum Floor Area Ratio (FAR) of 0.178; · A maximum height of 36 feet; · That any minor amendments to the site plan may be made by the Planning and Development Director pursuant to Code; and · That any amendments to the site plan deemed to not be a minor amendment or that require further review by the CDB shall require an amendment to the Development Agreement. On August 29, 2011, the City Council adopted DVA2011-04001, an amendment to the Development Agreement outlined, above, which provided, in brief: · An overall amendment to the Site Plan (Section 3); · Amending Section 4.2 to include specific ratios for the number of required parking spaces rather than an overall number as follows: five spaces per 1,000 square feet of Gross Floor Area (GFA) for retail and automobile service stations; four spaces per 1,000 square feet of GFA for office; and 15 spaces per 1,000 square feet of GFA for restaurants. · That the ability to utilize cross-parking amongst outparcels be permitted. This Second Amendment to an existing Development Agreement proposes to amend a previously approved site plan to allow a Vehicle Service use within the C District as part of a Retail Plaza with a minimum parking ratio of 1.5 spaces per 1,000 square feet of GFA. The number of parking spaces complies with the development standard of 1.5 spaces per 1,000 square feet of gross floor area for Vehicle Service uses as set forth in the Community Development Code. Cover Memo Item # 15 The development proposal will not degrade the Level of Service (LOS C or better) on surrounding transportation facilities nor adversely affect the nearby signalized intersection which is consistent with Metropolitan Planning Organizations concurrency management for transportation facilities. 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 units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: · Amends Section 3 of the agreement to reflect the new site plan for the northern portion (Parcel 1); · Amends Sections 4.1 of the agreement to include no more than 90,000 square feet of retail, restaurant and vehicle service use on the parcel; and · Amends Section 4.2 of the agreement to change the number of parking spaces for restaurants from 15 spaces per 1,000 square feet of gross floor area to 12 spaces per 1,000 square feet and to add 1.5 parking spaces per 1,000 square feet for vehicle service to the existing provided uses and their respective parking ratios; The Community Development Board reviewed this Second Amendment to an existing Development Agreement at its public hearing on January 21, 2014, and recommended approval. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 15 Resolution No. 14-02 RESOLUTION NO. 14-02 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND RS CLEARWATER, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AS SUCCESSOR OWNER TO NICKEL PLATE PROPERTIES, INC., A FLORIDA CORPORATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 25, 2010, the City of Clearwater, Nickel Plate Properties, Inc., a Florida Corporation, and Lakeside Enterprises, LLC, a Florida limited liability company, entered into that certain Development Agreement recorded in Official Record Book 16874, Page 2344, in the Public Records of Pinellas County, Florida; and WHEREAS, on November 23, 2011, the same parties subsequently entered into that certain First Amendment to the Development Agreement recorded in Official Record Book 17415, Page 2309; and WHEREAS, Lakeside Enterprises has subsequently transferred its interest to a third party who is unaffected by this Second Amendment; and WHEREAS, Nickel Plate Properties, Inc. has transferred in its interest in the Property subject to this Second Amendment to RS Clearwater, LLC; and WHEREAS, the City of Clearwater is now desirous of entering into a second amendment to the development agreement with RS Clearwater, LLC. as successor owner to Nickel Plate Properties, Inc.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Second Amendment to Development Agreement between the City of Clearwater and RS Clearwater, LLC as successor owner to Nickel Plate Properties, Inc., a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Second Amendment to Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2014. ____________________________ George N. Cretekos Mayor Attachment number 1 \nPage 1 of 2 Item # 15 Resolution No. 14-02 2 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 COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: January 21, 2014 AGENDA ITEM: F.3. CASE: FLD2013-11039 (related to DVA2013-11001) REQUEST: Flexible Development application to permit a Vehicle Service use within a Retail Plaza with a parking ratio of 1.5 spaces per 1,000 square feet of Gross Floor Area as an amendment to a previously approved Site Plan (FLD2011-04018 / PLT2011-04002 / DVA2009-00005 / DVA2011-04001) in the Commercial (C) District as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.E. GENERAL DATA: Agent……………………… Peter Flint; RS Clearwater LLC c/o Redstone Construction, Inc. Applicant/ Owner……....... Nickel Plate Properties, Inc. Location………….............. 2165 Gulf to Bay Boulevard; southwest corner of Gulf to Bay Boulevard and South Belcher Road Property Size…................. 11.637 acres Future Land Use Plan...... Residential/Office/Retail (R/O/R) Zoning…………………….. Commercial (C) District Special Area Plan.............. None Adjacent Zoning.... North: Commercial (C) District South: Medium Density Residential (MDR) District East: Commercial (C) District West: Commercial (C) District Existing Land Use............. Master Site Plan including Retail Sales and Service; Automobile Service Station (building permit under review); Restaurant (building permit under review) Proposed Land Use……… Revision to an approved Master Site Plan which included Retail Sales and Service, Automobile Service Station (building permit under review) and Restaurant (building permit under review) to include Vehicle Service DRUID RD DRUID RD 3r d S T 3r d S T S B E L C H E R R D S B E L C H E R R D GULF-TO-BAY BLVD GULF-TO-BAY BLVD 2n d S T 2n d S T 1s t S T 1s t S T BA M B O O L N BA M B O O L N S M A I N A V E S M A I N A V E 3r d S T 3r d S T 1s t S T 1s t S T -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 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 1 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION ANALYSIS: Site Location and Existing Conditions: The 11.637-acre site is located at the northwest corner of Gulf to Bay Boulevard and South Belcher Road. The subject site is comprised of two parcels with approximately 770 feet of frontage along Gulf to Bay Boulevard and 577 feet of frontage along South Belcher Road. The site is part of a larger Master Site Plan which includes a third parcel containing a Wal-Mart grocery store and is located along the west side of the property south of the proposed Kauffman Tire location of the. The Master Site Plan will also include a WaWa automotive service station with convenience store (in permit review at the time of the writing of this report), a Starbucks (also under permit review) and two other commercial uses (as yet unnamed). Additional detail is provided in the Site History portion of this report. The overall site is accessed via a two-way driveway along Gulf to Bay Boulevard and a second two-way driveway along Belcher Road. The immediate vicinity is characterized by a variety of residential and non-residential uses including an Albertson’s and gas station across Gulf to Bay Boulevard to the north, a Publix within a retail plaza across South Belcher Road to the east and car sales to the west. An attached dwelling complex is currently in the permitting process to the south of the overall site. This residential development was included in the Master Site Plan and is also outlined in the Site History portion of this report. A variety of other restaurants (fast food and otherwise), offices, automotive service stations and other retail sales and service establishments are located farther to the east and west along Gulf to Bay Boulevard. Single family dwellings are located to the south and west of the site. Site History: The subject site was originally part of a larger site extending between Gulf to Bay Boulevard and Druid Road. It has been the subject of three LMDR HDR I C C C Attachment number 2 \nPage 2 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 2 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Level II Flexible Development applications, and land use and zoning amendment application, preliminary plat application and two Development Agreement applications. It is important to note that the south half of the original site has been platted (PLT2011-04002) and was approved for attached dwellings and building permits are currently under review by Staff. To be clear, the south half is now a separate property and is unrelated to the current request and references to the “overall site”, “overall site plan” and the like refer only to the north half of the original property. The history of the site as related to the current request is provided below.  In 2010, the site was the subject of a Level II Flexible Development application (FLD2009- 12046) which requested approval to permit 70,212 square feet of Retail Sales and Services uses and 12,787 square feet of Restaurant uses (total commercial floor area of 82,999 square feet) in the proposed Commercial (C) District with a proposed lot area of 506,892 square feet (11.637 acres), a lot width along Gulf to Bay Blvd. of 820 feet and along S outh Belcher Rd. of 617 feet, a front (north) setback to Gulf to Bay Blvd. of 25 feet (to proposed pavement), a front (east) setback to South Belcher Rd. of 25 feet (to proposed pavement), a side (west) setback of 10 feet (to proposed building, pavement and dumpster enclosure), a side (south) setback of 10 feet (to proposed pavement), a maximum building height of 36 feet and 495 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C, and a two year development order. That case was approved by the Community Development Board (CDB) based on a recommendation of approval by the Development Review Committee (DRC) on February 16, 2010 with 23 conditions. This site plan approved as part of this Flexible Development application is void and was superseded by application FLD2011-04018 outlined, below. The site was also the subject of a Development Agreement (DVA2009-00005).  In 2011, the site was the subject of a Level II Flexible Development application (FLD2011- 04018) which requested approval to permit 40,000 square feet of retail sales and service use, 5,559 square feet of automobile service station use, 4,200 square feet of office use (bank) and 9,400 square feet of restaurant uses (total commercial floor area of 59,159 square feet) in the Commercial (C) District with a lot area of 506,892 square feet (11.637 acres), a lot width along Gulf to Bay Blvd. of 820 feet and 617 feet along South Belcher Road, a front (north) setback (Gulf to Bay Blvd.) of 61.8 feet (to building) and 25 feet (to pavement), a front (east) setback (South Belcher Road) of 79.3 feet (to building) and 25.5 feet (to pavement), a side (south) setback of 90.8 feet (to building) and two feet (to sidewalk), a west setback of 20 feet (to building) and 19.4 feet (to pavement), a maximum building height of 35 feet, and 409 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.C, and a two year development order as well as a reduction to the side (south) perimeter landscape buffer from 10 feet to two feet as part of a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. That case was approved by the CDB based on a recommendation of approval by the Development Review Committee (DRC) on July 19, 2011 with 19 conditions. The site was also concurrently the subject of a plat application (PLT2011-04002) which was also approved. The site is also subject to a Development Agreement (DVA2011-04001). Building permits were applied for and obtained within required timeframes therefore the site plan is considered vested. Attachment number 2 \nPage 3 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 3 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION  As noted, there are two Development Agreements associated with the site; DVA2009-00005 and DVA2011-04001. The former Development Agreement provided for the usual and customary range of applicant and City responsibilities and obligations, time frames and the like and was approved by Council and adopted on March 10, 2010. It provided, in brief and as pertinent to the current request, the following:  A maximum of 90,000 square feet of retail and restaurant development;  495 parking spaces;  A maximum Floor Area Ratio (FAR) of 0.178 (interestingly, the Development Order approving the site provides for a lesser maximum FAR of 0.117);  A maximum height of 36 feet;  That any minor amendments to the site plan may be made by the Planning and Development Director pursuant to Code; and  That any amendments to the site plan deemed to not be a minor amendment or that require further review by the CDB shall require an amendment to the Development Agreement. On August 29, 2011, DVA2011-04001 which constituted an amendment to the original Development Agreement was adopted by City Council. Again, in brief and as pertinent to the current request, the details of the first amendment are as follows:  An overall amendment to the Site Plan;  The number of parking spaces changed to include specific ratios rather than an overall number of required spaces as follows:  five spaces per 1,000 square feet of Gross Floor Area (GFA) for retail and automobile service stations;  four spaces per 1,000 square feet of GFA for office; and  15 spaces per 1,000 square feet of GFA for restaurants.  That the ability to utilize cross-parking amongst outparcels be permitted. Pursuant to CDC Section 4-406 a minor amendment to a Level II Flexible Development approval is, among other allowances, one which does not change the use unless such change is of a similar or less intensity, as determined by the community development coordinator. The proposal includes the inclusion of vehicle service as a new use on the site. One methodology of determining intensity of use is the amount of parking required for a particular use. Vehicle Service is typically permitted within the Industrial Research Technology District where the required parking is 1.5 spaces per 1,000 square feet of GFA. As noted above, the least intense use associated with the master site plan vis-à-vis parking is office at three spaces per thousand. Therefore, the Community Development Coordinator determined that the proposed use is at a similar or lesser intensity as approved and constitutes a minor amendment. However, because Vehicle Service is not an otherwise permitted use within the C district it does need to be approved as part of a Comprehensive Infill Redevelopment Project requiring further review by the CDB a second amendment to the Development Agreement is required. It should be noted that in 2012 the CDC was adopted to include, among other items, a new use called Retail Plaza. A Retail Plaza is defined as a building or group of buildings on the same property or adjoining properties, but operating as and/or presenting a unified/cohesive appearance and generally but not necessarily under common ownership and management, and Attachment number 2 \nPage 4 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 4 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION which is partitioned into separate units that utilize a common parking area, and is designed for a variety of interchangeable uses including governmental, indoor recreation/entertainment, office, restaurant, retail sales and service, and social/community center. This definition was not in the CDC at the time of the original site plan and Development Agreement approvals. The use of the site is considered and referred to as a Retail Plaza within this report. This has little if any bearing on the request, Development Agreement amendment or past approvals and is mentioned only in the interest of factual accuracy. Development Proposal: The proposal is to amend a previously approved site plan to allow a Vehicle Service use within the C District as part of a Retail Plaza with a minimum parking ratio of 1.5 spaces per 1,000 square feet of GFA. The proposal also includes a revision to Condition 3 which was part of the Development Order approving FLD2011-04018. Condition 3 limited the FAR of the overall site to 0.117 where the Development Agreement permits an FAR of up to 0.178. The proposed FAR is 0.127. To be clear, the primary change is the elimination of the Office use proposed for the northwest corner of the site and replacing it with a Vehicle Service use. The proposal also includes minor changes to the east side of the site with regard to parking lot layout and building orientation. It must be emphasized that these changes, in and of themselves would be considered minor amendments would not otherwise be required to be reviewed by the CDB. Outside of the change of use of the building at the northwest corner of the site from Office to Vehicle Service no other material changes, including but not limited to landscaping, height, setbacks and FAR, are proposed for the site plan. The Vehicle Service use will be located within a one-story 6,622 square foot at the northwest corner of the site replacing the approved 4,200 square foot proposed office building. The general location of the building and its parking is consistent with that of the office building as approved as part of FLD2011-04018. The parking area (consisting of 34 spaces) adjacent to the vehicular services use will be accessed from a common two-way driveway from Gulf to Bay Boulevard. A total of 360 spaces are required for the overall site given the types and areas of the proposed (and constructed) uses where 400 spaces are provided. An enclosed dumpster will be located to the southwest of the building generally in the same location as approved as part of FLD2011- 04018. A sign package has not yet been submitted. All signage for the site will have to be reviewed as part of a comprehensive sign program pursuant to CDC Section 3-1807.B. While attached signs are shown on the elevations on the north and east facades none of the attached signs shown on the elevations are dimensioned allowing their areas to be determined. In short, a sign package has not been submitted with this application and signage, whether indicated or not, should not be considered as part of the request nor would any approval of this proposal in any way imply approval of any sign shown or not. The building has been designed to complement the architectural style approved as part of FLD2011-04018. The service bays are located on the south side of the building facing the Wal- Mart grocery store and are not readily visible from off-site and are not visible at all from adjacent public rights-of-way. The building has been designed and placed so as to provide a finished retail-style storefront facing Gulf to Bay Boulevard. Finish materials include cultured Attachment number 2 \nPage 5 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 5 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION stone, stucco and metal. The primary colors of the building will be earth tones including brown, sand and tan offset with white trim and light yellow. Special Area Plan: None Community Development Code  Purpose, Intent and Basic Planning Objectives The proposal supports the general purpose, intent and basic planning objectives of this Code as follows: Section 1-103.B.1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment. As noted, the overall site plan was approved by the CDB in 2011. The proposal, in essence, is limited to the replacement of an Office use with a Vehicle Service use. Vehicle Service is not a permitted use within the C District although it is permitted by the underlying R/O/R FLUP classification. Generally, the concern with Vehicle Service uses is their potentially negative visual and acoustic impacts on adjacent properties as they typically include highly visible service bays and noise. These concerns are eliminated or otherwise mitigated through the provision of an attractive building consistent with the architectural style already approved for the site with all service bays hidden behind the building. The service bays will face the side of the Wal-Mart grocery store (nearly ready to open) and will not be readily visible from offsite. Setbacks, height, landscaping and all other development parameters will be consistent with the approved site plan and Development Agreement (as amended to permit vehicle service), as applicable. Therefore, the proposal supports this Code section. Section 1-103.B.2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties. Surrounding properties are dominated by a variety of non-residential uses including retail sales and service, automotive service stations and restaurants. The proposed development will be consistent the site plan which provides extensive landscaping in excess of that as otherwise required by the CDC but a higher standard with regard to building design and appearance. It is likely that surrounding properties will have their values enhanced. It should be noted that several other properties in the area along Gulf to Bay Boulevard have incorporated upgrades to their sites such as new facades and landscaping, including sites located at 1765, 1928 and 2094 Gulf to Bay Boulevard. The proposal is, at the least, consistent with the level of design (with regard to both site and building) as applied to the aforementioned properties and others throughout the City which have been approved as part of Level II Flexible Development applications. It is anticipated that the proposal will result in a positive impact on surrounding properties through the provision of a needed viable use as part of an approved master site plan. Therefore, the proposal supports this Code section. Section 1-103.B.3. Strengthening the city's economy and increasing its tax base as a whole. The proposal includes the amendment of an approved site plan with the replacement of an approved Office use with a Vehicle Service use. The proposal will be consistent with development parameters already approved as part of the master site plan including but not Attachment number 2 \nPage 6 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 6 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION limited to setback, height and landscaping of the approved master site plan. The proposal is expected to have a net increase in the tax base as a whole with the construction of a new, viable business located within an attractive building and the provision of landscaping in excess of the intent of the minimum standards of the CDC. It is largely beyond dispute that the City of Clearwater is fundamentally built-out where the primary option for improvement is the redevelopment and/or refurbishing of existing sites and buildings. Improving a property typically results in an increase in its value thereby positively contributing to the City’s tax base and overall economy. The net result of the proposal will be another attractive redevelopment in the community which can only further interest in the improvement of surrounding properties. Therefore, the proposal supports this Code section. Section 1-103.D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. The proposal includes a new Vehicle Service use as an amendment to a site plan approved in 2011 as part of a Level II Flexible Development application. The applicant has demonstrated that the proposed building is consistent with that as approved as part of the overall site plan and that no material changes are proposed for the site. The proposal with regard to site, landscape and building design is consistent with other beautification efforts undertaken, encouraged and installed by the City and private property owners in the City as a whole and along Gulf to Bay Boulevard specifically. Gulf to Bay Boulevard is a designated Primary Scenic Corridor. While a specific Corridor Plan has not been adopted the intent is clear in that properties along designated Scenic Corridors, such as Gulf to Bay Boulevard, are expected to provide landscaping at least consistent with the minimum standards set forth by the CDC if not more. The proposal includes a landscape design consistent with that as already approved by the CDB and which exceeds the minimum standards of the CDC with regard to the numbers and arrangements of plant material. Therefore, the proposal supports this Code section. Section 2-401.1 Intent of the C District and R/O/R FLUP classification. The CDC provides that it is the intent of the C District 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. Furthermore, it is the intent of the C District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the C District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Countywide Land Use Rules concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. For those parcels within the C District that have an area within the boundaries of and governed by a special area plan approved by the City Council and the Countywide Planning Authority, maximum development potential shall be as set forth for each classification of use and location in the approved plan. Section 2.3.3.4.3 of the Rules provides that the purpose of the R/O/R FLUP classification 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 Attachment number 2 \nPage 7 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 7 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION mixed-use of a residential/office/retail character consistent with the surrounding uses, transportation facilities and natural resource characteristics of such areas. Permitted Primary Uses include commercial/business services. Article 7 of the Rules provides that commercial/business service uses include an occupation or service involving the repair, service or rental of motor vehicles. The site has been developed as a Retail Plaza subject to conditions of a Development Agreement and Development Order, as noted in this report. The proposal is to modify the previously approved site plan to include a Vehicle Service use which is a use permitted by the R/O/R FLUP classification.  Development Parameters Floor Area Ratio (FAR): Pursuant to the Countywide Plan Rules and CDC Section 2-701.1, the maximum FAR for properties with a Future Land Use Plan (FLUP) designation of Residential/Office/Retail (R/O/R) is 0.40. The proposed FAR for the entire 11.637-acre planned area is 0.127, which is consistent with Code provisions and the FAR (0.178) approved as part of the governing Development Agreement. A modification of condition three, which limited the FAR to 0.117, associated with FLD2011-04018 revises the permitted FAR to be consistent with the Development Agreement. Impervious Surface Ratio (ISR): Pursuant to the Countywide Plan Rules and CDC Section 2-701.1, the maximum allowable ISR is 0.85. The overall proposed ISR is 0.74, which is consistent with Code provisions. Minimum Lot Area and Width: Pursuant to CDC Table 2-704, there is no minimum required lot area or lot width for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2-702, Minimum Standard Development Standards, the required lot area and lot width for Retail Plazas are to be a minimum of 15,000 square feet and 100 feet, respectively. The lot area is 506,892 square feet and the lot width is 770 feet exceeding and/or meeting the otherwise minimum area and width required by Code. Minimum Setbacks: Pursuant to CDC Table 2-704, there are no minimum required setbacks for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2- 702, front and side setbacks to primary structures are 25 and 10 feet, respectively. Setbacks to parking are based upon the required landscape buffers which for the front (north and east) are both 15 feet, respectively and 10 and five feet for the side (south and west), respectively. Rear setbacks do not apply to the subject site as it is a corner lot with two front and two side setbacks under the provisions of 3-903.D. As noted, the proposal is restricted to a change in use whereby an approved (although un-built) Office is replaced with a Vehicle Service use at the northwest corner of a larger site plan approved by the CDB in 2011. No changes are proposed to any setback already approved as follows:  Front (north) setback (Gulf to Bay Boulevard) of 61.8 feet (to building) and 25 feet (to pavement);  Front (east) setback (South Belcher Road) of 79.3 feet (to building) and 25.5 feet (to pavement); Attachment number 2 \nPage 8 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 8 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION  Side (south) setback of 90.8 feet (to building) and two feet (to sidewalk); and  West setback of 20 feet (to building) and 19.4 feet (to pavement). The proposal includes front (north) and side (west) setback to the building of 75 feet and 51 feet, respectively. The proposed setbacks to parking or other like vehicular use areas along the front (north) and side (west) are 25 and 23 feet, respectively. Front (east) and side (south) setbacks are not considered as other buildings are already approved between the subject building and those respective property lines and distances are in excess of 100 feet. Setbacks are consistent with those as approved as part of the overall site plan and exceed those as otherwise required by the CDC. Maximum Building Height: Pursuant to CDC Table 2-703, there is no maximum height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to the aforementioned CDC Table 2-702, the maximum allowable height for Retail Plazas is 25 feet. The maximum permitted height as provided by the approved site plan for this site is 35 feet. The proposed building height of 22 feet (25 feet to top of architectural embellishments) is less than the height provided for by the CDC and the approved site plan and is therefore consistent with the CDC. Minimum Off-Street Parking: Pursuant to CDC Table 2-703, there is no minimum off-street parking requirement for a Comprehensive Infill Redevelopment Project. In addition, Vehicle Service is not a permitted use within the C District. However, it is a permitted use within the Industrial Research Technology (IRT) District and for a point of comparison, pursuant to CDC Table 2-1302, the minimum required parking for Vehicle Service is 1.5 parking spaces per 1,000 square feet of gross floor area. This results in a requirement of 10 parking spaces for the proposed 6,622 square foot building. As a further point of comparison, Retail Plazas pursuant to CDC Table 2-702 require four spaces per 1,000 square feet of gross floor area. The site includes 59,159 square feet of gross floor area (including all shown buildings) normally requiring 238 spaces. The Development Agreement, as mentioned was amended to require specific parking requirements specific to each provided use including five spaces per 1,000 square feet of Gross Floor Area (GFA) for retail and automobile service stations, four spaces per 1,000 square feet of GFA for office and 15 spaces per 1,000 square feet of GFA for restaurants. It should be noted that an amendment to the Development Agreement accompanies this application which adds Vehicle Service as a use associated with the approved site plan and provides for a parking ratio of 1.5 spaces per 1,000 square feet of GFA. That amendment also revises the parking ratio for restaurants to match current CDC requirements of 12 spaces per 1,000 square feet of GFA. Given the square footage of the proposed uses excluding the Vehicle Service use 351 spaces are required per the Development Agreement. Including the 10 spaces the proposed Vehicle Service use would require within the IRT District the total number of required spaces increases to 361 where the proposal includes 400 spaces. It should also be noted that 34 of those spaces are in the immediate vicinity of the subject building. Therefore, the proposal is consistent with applicable portions of the CDC and the Development Agreement, as amended. Attachment number 2 \nPage 9 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 9 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. Mechanical equipment will be located on the roof of the proposed building and will be concealed with parapet walls on all sides. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the proposed driveways on Gulf to Bay Boulevard and South Belcher Road and at the intersection of Gulf to Bay Boulevard and South Belcher Road, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. This proposal has been reviewed by the City’s Traffic Engineering Department and been found to be acceptable. Shrubbery planted within the sight visibility triangles will need to be maintained to meet the Code requirements. Utilities: Pursuant to CDC Section 3-912, for development that does not involve a subdivision, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. All utilities which serve the site are currently underground or in the process of being located underground. Landscaping: Pursuant to CDC Section 3-1202.D, required perimeter buffers are based on adjacent uses and/or street types. The required landscape buffers are 15 feet (north and east – arterial streets), five feet (west – nonresidential use) and 10 feet (south – attached dwellings). In addition, Section 3- 1202.E provides that interior landscaping must be provided which is equal to or greater than 10 percent of the vehicular use area. The proposed vehicular use area is 304,991 square feet requiring 30,500 square feet of interior landscaped area. Section 3-1202.E also provides that no more than 15 parking spaces may be in a row. Finally, Section 3-1202.E requires that all facades facing a street must include a foundation planting area of at least five feet of depth along the entire façade excluding areas necessary for ingress/egress. As mentioned, the overall site plan was approved with a reduction in the side (south) landscape buffer from 10 feet to two feet. No changes are proposed to this or any other approved landscape buffer. The proposal meets the requirements of Section 3-1202.E in that no more than 15 parking spaces in row are proposed and foundation plantings along the north façade are provided. The proposal with the exception of the aforementioned south buffer (the reduction of which was approved in 2011) otherwise meets the requirements of Article 3 Division 12 of the CDC and is consistent with the landscape plan approved as part of FLD2011-04018. Solid Waste: A dumpster is proposed at the southwest corner of the site. The dumpster area will be screened by a solid wall with a stucco finish to match the primary exterior color of the subject building. The location of the dumpster is consistent with that as shown in the current approved site plan. The proposal has been found to be acceptable by the City’s Solid Waste and Fire Departments. Attachment number 2 \nPage 10 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 10 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Signage: A sign package has not yet been submitted. All signage for the site will have to be reviewed as part of a comprehensive sign program pursuant to CDC Section 3-1807.B. While attached signs are shown on the elevations on the north and east facades none of the attached signs shown on the elevations are dimensioned allowing their areas to be determined. In short, a sign package has not been submitted with this application and signage whether indicated or not should not be considered as part of the request nor would any approval of this proposal in any way imply approval of any sign.  General Applicability Criteria Requirements The proposal supports the General Applicability requirements of this Code as follows: Section 3-914.A.1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The proposal includes a 6,622 square foot Vehicle Service use. The proposed building replaces an approved Office but otherwise maintains the architectural style approved for the site. The subject site is surrounded by a myriad of uses indicative of an intensely developed commercial corridor including such uses as retail sales and service, restaurant, automotive service stations, vehicle sales and display and office. The proposed addition to the approved Retail Plaza will constitute an appropriate use for the neighborhood. The proposal includes lush landscaping which exceeds the intent of the CDC, is consistent with the landscape already approved for the site and will complement and enhance surrounding properties. Therefore, the proposal supports this Code section. Section 3-914.A.2. The proposed development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. The proposal is, as discussed in relation to CDC Section 3-914.A.1, above, consistent with the character of adjacent properties and with the overall approved site plan. The applicant has shown through substantial competent evidence that the proposal is similar in nature vis -à-vis form and function to adjacent and nearby properties and the whole of the approved site plan. The proposal is not expected to impair the value of adjacent properties. Therefore, the proposal is consistent with this CDC Section. Section 3-914.A.3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood. The proposal will likely have no effect, negative or otherwise, on the health or safety of persons residing or working in the neighborhood. Therefore, the proposal is consistent with this CDC Section. Section 3-914.A.4. The proposed development is designed to minimize traffic congestion. Issues relating to traffic congestion have been mitigated with the previous approval of the overall site plan. The replacement of an Office with a Vehicle Service use will have a minimal if any effect on traffic congestion. Therefore, the proposal is consistent with this CDC Section. Section 3-914.A.5. The proposed development is consistent with the community character of the immediate vicinity. As previously discussed, the community character consists primarily of a variety of uses indicative of an intensely developed commercial corridor. The proposal is for a modest, one- Attachment number 2 \nPage 11 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 11 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION story Vehicle Service use. The proposed building maintains and complements the approved architectural style of the overall site plan. Therefore, the proposal is consistent with this CDC Section. Section 3-914.A.6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The design of the proposed development minimizes adverse visual and acoustic impacts on adjacent properties. There should be no olfactory impacts of any kind. The service bays are all located on the south side of the building facing Wal-Mart. The front (north) façade of the building has been designed to look like a typical retail establishment. The building will aesthetically match the other buildings approved for the site. Therefore, the proposal is consistent with this CDC Section.  Comprehensive Infill Redevelopment Project criteria Requirements The proposal supports the specific Comprehensive Infill Redevelopment Project criteria pursuant to CDC Section 2-704.E as follows: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. The overall site is in the process of being completely redeveloped. The master site plan, currently under construction and/or under permit review, replaces an obsolete, deteriorated mobile home park with a new Retail Plaza and attached dwellings. The property manager has been unable to attract a viable user for the area otherwise designated for an Office use per the approved site plan. Kauffman Tire was one of the few potential tenants whose needs were met by the subject site and was willing and able to meet the strict architectural standards set for the site. Deviating from the use standards of the C District is required in order to establish the proposed Vehicle Service use on the site. Therefore, the proposal is consistent with this CDC Section. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. The redevelopment of the site will be consistent with a variety of Goals, Objectives and Policies of the City’s Comprehensive Plan as well as with the general purpose, intent and basic planning objectives of the CDC as examined in detail elsewhere in this document. Therefore, the proposal will be found to be consistent with this CDC Section. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. As mentioned, all surrounding properties are developed with a variety of uses indicative of a dense commercial corridor. The proposal includes a 6,622 square foot Vehicle Service use. The overall proposal, outside of the use, includes no material changes to the approve site plan. The proposal should have no impact on the ability of adjacent properties to redevelop or otherwise be improved. Therefore, the proposal is consistent with this CDC Section. Attachment number 2 \nPage 12 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 12 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. As discussed in detail, the proposal is similar to surrounding uses vis-à-vis use along Gulf to Bay Boulevard and consistent with the site plan as approved in 2011 by the CDB. Adjoining properties should not be affected by the proposal. Therefore, the proposal is consistent with this CDC Section. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of six objectives: c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation As mentioned previously, the R/O/R district permits Vehicle Service uses per the Countywide Land Use Rules. The proposal will provide for a viable commercial use which will also meet the design parameters approved for the site. The alternative to requesting the use as part of a Comprehensive Infill Redevelopment Project would be to rezone this portion of the site to IRT District with an underlying FLUP classification of Industrial Limited of Industrial General which would constitute spot land use and zoning designations. Finally, the proposed Vehicle Service use will be similar in form and function to other uses in the area and as approved as part of the overall site plan. Therefore, the proposal is consistent with this CDC Section. 6. Flexibility with regard to use, lot width, required setbacks, height and off -street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district. As mentioned, surrounding properties are developed with a variety of uses typical of an intensely developed commercial corridor. The proposed Vehicle Service will support and complement surrounding uses with regard to form and function. The proposal will have no effect on the ability of surrounding properties to be redeveloped or otherwise improved. Therefore, the proposal is consistent with this CDC Section. b. The proposed development complies with applicable design guidelines adopted by the city. While there are no formal design guidelines adopted by the City applicable to the site or area an architectural style and specific building design was approved by the CDB as part of the overall site plan approval. The proposed building, as noted, is consistent with and complements this approved style. Therefore, the proposal is consistent with this CDC Section. Attachment number 2 \nPage 13 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 13 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION c. The design, scale and intensity of the proposed development supports the established or emerging character of an area. The proposal provides for a use similar in scale and scope as already approved for the site. The intensity of use is consistent with that as approved as part of the Development Agreement. Therefore, the proposal is consistent with this CDC Section. d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements:  Changes in horizontal building planes;  Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.;  Variety in materials, colors and textures;  Distinctive fenestration patterns;  Building stepbacks; and  Distinctive roofs forms. The architecture of the building provides for substantial articulation of the fenestration through the use of façade offsets and bifurcations, canopies, windows and change of material and color. Therefore, the proposal is consistent with this CDC Section. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. The proposal provides for a building, the form of which is consistent with that as already approved for the site. The proposed landscape buffers and setbacks are also consistent with the approved site plan. Therefore, the proposal is consistent with this CDC Section. Section 4-206.D.4: Burden of proof. The burden of proof is upon the applicant to show by substantial competent evidence that he is entitled to the approval requested. The applicant has adequately demonstrated through the submittal of substantial competent evidence that the request is entitled to the approval requested as required by CDC Section 4- 206.D.4. Comprehensive Plan: The proposal is in support of the following Goals, Objectives and/or Policies of the City’s Comprehensive Plan as follows: Future Land Use Plan Element 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. The proposal includes a commercial use located at the intersection of two arterial streets. While the overall site is adjacent to the north of a proposed attached dwelling development (approved as part of the overall site plan) the Vehicle Service use itself is not directly adjacent to any residential uses and is separated from the residential use by 500 feet including the Wal-Mart grocery store. The proposed service bays face the Wal-Mart grocery store (nearly fully Attachment number 2 \nPage 14 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 14 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION constructed). Access to the site is via a shared driveway from Gulf to Bay Boulevard. The proposal should have no off-site impacts into residential neighborhoods. The proposal is consistent with this Policy. Objective A.3.2. All development or redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping / tree protection standards of the Community Development Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City; and Policy A.3.2.1. All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. Gulf to Bay Boulevard is designated as a Primary Scenic Corridor within Section 3-1203 of the CDC and within the Future Land Use Element (FLUE) of the City’s Comprehensive Plan. Primary scenic corridors are those roadways expected to have enhanced landscape standards applied to properties along them. Furthermore, Gulf to Bay Boulevard is specifically list ed as a “Corridor to Redevelop” within the Linkages section of the FLUE of the Comprehensive Plan. No material changes to the landscape plan are proposed to the approved landscape plan and the landscape design continues to be demonstrably better than that as required by the minimum standards of Article 3 Division 12 of the CDC. Therefore, the submittal supports this Objective and Policy. Policy A.5.5.1. Development should be designed to maintain and support the existing or envisioned character of the neighborhood. The proposal provides for a use not otherwise permitted within the C District. However, the CDC does provide the flexibility to consider proposal on the merits of their design and potential impact on a site by site basis. As noted, the site plan associated with this property was approved by the CDB in 2011 and is also subject to a Development Agreement, as amended. These approvals included performance standards with regard intensity of use, landscaping and the architectural styling and details of all proposed buildings. The proposed building maintains and complements the architecture of the other buildings approved as part of the overall site plan. As mentioned, no material changes are proposed to the overall site or landscape plan. Therefore, the proposal supports this Policy. Goal A.6. The City of Clearwater shall utilize innovative and flexible Planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development; and 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. The proposal is a modest component of an approved overall master site plan which has replaced an outdated and obsolete mobile home park. The proposal is expected to positively contribute to the success of the site and is the sort of project envisioned as an appropriate recipient of flexibility from the minimum development parameters as provided by the above Goal, Objective Attachment number 2 \nPage 15 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 15 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION and Policy its location within the urban service area and an attractive redevelopment plan. Therefore, the proposal supports this Goal, Objective and Policy. Code Enforcement Analysis: There are no active Code Compliance cases for the subject property. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards for Comprehensive Infill Redevelopment Projects as per CDC Tables 2-701.1 and 2-704. Additional standards are added, as appropriate, from the Development Agreement, as amended and the approved site plan: Standard Proposed Consistent Inconsistent Floor Area Ratio 0.178 per Development Agreement 0.127 X1 Impervious Surface Ratio 0.85 0.76 X Minimum Lot Area NA 506,892 square feet (11.637 acres) X Minimum Lot Width NA 770 feet X Minimum Setbacks (feet) Front: Side: North: NA East: NA South: NA West: NA 61.8 feet (to building) /25 feet (to pavement) 79.3 feet (to building) /25.5 feet (to pavement) 90.8 feet (to building) / two feet (to sidewalk) 20 feet (to building) /19.4 feet (to pavement) X1 X1 X1 X1 Maximum Height (feet) 35 per approved site plan 25 X1 Minimum Off-Street Parking Retail and Automobile Service Stations: 5 spaces/1,000 square feet GFA (258 spaces) Office: 4 spaces/1,000 square feet GFA (0 spaces) Restaurant: 15 spaces/1,000 square feet GFA for restaurants per Development Agreement (93 spaces) (total number of required spaces excluding the Vehicle Use GFA is 351) 400 spaces X1 1 See analysis in Staff Report Attachment number 2 \nPage 16 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 16 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-704.C. (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. X1 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. X1 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. X1 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. X1 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City’s economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. X1 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements:  Changes in horizontal building planes;  Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.;  Variety in materials, colors and textures;  Distinctive fenestration patterns;  Building stepbacks; and  Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. X1 1 See analysis in Staff Report Attachment number 2 \nPage 17 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 17 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3-914.A: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. X1 2. The proposed development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. X1 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood. X1 4. The proposed development is designed to minimize traffic congestion. X1 5. The proposed development is consistent with the community character of the immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. X1 1 See analysis in Staff Report SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of December 5, 2013, and deemed the development proposal to be legally sufficient, based upon the following findings of fact and conclusions of law: Findings of Fact The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 11.637 acre site is located at the northeast corner of Gulf to Bay Boulevard and South Belcher Road; 2. That the subject property is located within the Commercial (C) District and the Residential/Office/Retail (R/O/R) Future Land Use Plan category; 3. That the subject property is not located in a special plan area; 4. That the subject property is subject to a vested Level II Flexible Development application (FLD2011-04018) approved by the CDB on July 19, 2011 with 19 conditions; 5. That the subject property is subject to a Development Agreement (DVA2009-00005) as amended (DVA2011-04001); 6. An amended Development Agreement (DVA2013-11001) must be approved by City Council, which provides for general and specific parameters of the project and other design considerations; 7. That the proposal is to construct a Vehicle Service as part of a Retail Plaza and is subject to the requisite development parameters per Article 2 Division 7 of the CDC, the approved site plan (FLD2011-04018) and Development Agreement (DVA2009-00005 and DVA2011- 04001); 8. That the site is currently under construction with a Wal-Mart neighborhood market and various site improvements including but not limited to stormwater facilities, site access and utilities; 9. The subject property is comprised of two parcels with approximately 770 feet of frontage along Gulf to Bay Boulevard and 577 feet of frontage along South Belcher Road; Attachment number 2 \nPage 18 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 18 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 10. The proposal includes no material changes to the approved site plan and/or Development Agreement, as amended, with regard to landscaping, setbacks, height, parking or FAR; and 11. There are no active Code Compliance cases for the subject property. Conclusions of Law The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the pattern of development of the surrounding neighborhood; 2. That the proposal consistent with the general purpose, intent and basic planning objectives of the Community Development Code Sections 1-103.B.1 – 3 and D; 3. That the proposal is consistent with the intent of the C District and R/O/R FLUP classification; 4. That the development proposal is consistent with the Standards as per Table 2-702 of the CDC, the approved site plan and/or Development Agreement, as applicable, including but not limited to such development parameters as to setbacks to building and pavement, FAR, landscaping, height and the number of parking spaces; 5. That the development proposal is consistent with the General Standards for Level One and Two Approvals as per Section 3-914.A of the Community Development Code; 6. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.E of the Community Development Code; and 7. That the proposal is consistent with certain applicable portions of the Comprehensive Plan as outlined in this report. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit a Vehicle Service use within a Retail Plaza with a parking ratio of 1.5 spaces per 1,000 square feet of Gross Floor Area as an amendment to a previously approved Site Plan (FLD2011-04018 / PLT2011-04002 / DVA2009-00005 / DVA2011-04001) in the Commercial (C) District as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.E subject to the following conditions: Conditions of Approval: General/Miscellaneous Conditions 1. That the original conditions of approval associated with FLD2011-04018 are in full force and effect with the exception of Condition 3 associated with that case as modified as follows: That the maximum Floor Area Ratio be dictated by the Development Agreement (DVA2009 - 0005), as amended; 2. That approval of this Flexible Development case is subject to the approval of an amended Development Agreement with the City (Case DVA2013-11001); 3. That the final design and color of the building be consistent with the elevations approved by the CDB; 4. That issuance of a development permit by the City of Clearwater does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law; Attachment number 2 \nPage 19 of 20 Item # 15 Community Development Board January 21, 2014 FLD2013-11039 - Page 19 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 5. That all other applicable local, state and/or federal permits be obtained before commencement of the development; 6. That the uses associated with the use be limited to no more than 6,800 square feet located as shown on the accompanying site plan and shall include only the following services: (a) Tire Services; (b) Alignment Services; (c) Cooling System Services; (d) Air Conditioning Services; (e) Oil Change Services; (f) Wheel Services; (g) Brake Services; (h) Shocks and Struts Services; (i) Electrical Services; (j) Preventative Maintenance; (k) Drivetrain Services; and (l) Battery Services. 7. That the uses associated with Vehicle Service, major as defined in Article 8 of the CDC are not permitted on the site; 8. That any/all future signage meets the requirements of Code and be architecturally integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: (a) All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and (b) All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 9. That all other applicable local, state and/or federal permits be obtained before commencement of the development; Timing Conditions 10. That prior to the issuance of any building permits, the Fire Department may require the provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of the project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required, then the water supply must be able to supply 150 percent of its rated capacity; 11. That prior to the issuance of any permits, any applicable Parks and Recreation impact fees be paid; 12. That prior to the issuance of any permit, all requirements of the General, Stormwater and Traffic Engineering and Fire Departments be addressed; 13. That prior to the issuance of any building permits, a site plan which meets all the requirements of the Fire Department including but not limited to the provision of a site plan which indicates the inclusion of a fire sprinkler system; 14. That all utility equipment including but not limited to electrical and water meters is screened from view and/or painted to match the building to which they are attached, as applicable, prior to the issuance of a Certificate of Occupancy; and 15. That prior to the issuance of Certificate of Occupancy that all required Transportation Impact Fees be paid. Prepared by Planning and Development Department Staff: ______________________________ Mark T. Parry, AICP, Planner III ATTACHMENTS: Photographs Attachment number 2 \nPage 20 of 20 Item # 15 COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: January 21, 2014 AGENDA ITEM: G.1. CASE: DVA2013-11001 (Related to FLD2013-11039) REQUEST: Review of, and recommendation to the City Council, of an amendment to the Development Agreement between Nickel Plate Properties, Inc. and the City of Clearwater as per Community Development Code Section 4-606. GENERAL DATA: Agent……………………… Peter Flint; RS Clearwater LLC c/o Redstone Construction, Inc. Applicant / Owner.............. Nickel Plate Properties, Inc. Location……..................... 2165 Gulf to Bay Boulevard; southwest corner of Gulf to Bay Boulevard and South Belcher Road. Property Size…................. 11.637 acres Future Land Use Plan…… Residential/Office/Retail (R/O/R) Zoning…………………….. Commercial (C) District Special Area Plan.............. None Adjacent Zoning... North: Commercial (C) District South: Medium Density Residential (MDR) District East: Commercial (C) District West: Commercial (C) District Existing Land Use............. Master Site Plan including Retail Sales and Service; Automobile Service Station (building permit under review); Restaurant (building permit under review). Proposed Land Use……… Master Site Plan including Retail Sales and Service; Automobile Service Station (building permit under review); Restaurant (building permit under review); Vehicle Service (Related to FLD2013-11039). DRUID RD DRUID RD S B E L C H E R R D S B E L C H E R R D GULF-TO-BAY BLVD GULF-TO-BAY BLVD 2n d S T 2n d S T 1s t S T 1s t S T BA M B O O L N BA M B O O L N GU N N A V E GU N N A V E S M A I N A V E S M A I N A V E 3r d S T 3r d S T -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 6 Item # 15 Community Development Board – June 18, 2013 DVA2013-02001 – Page 1 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION ANALYSIS: Site Location and Existing Conditions: The 11.637 acre site is located at the northwest corner of Gulf to Bay Boulevard and South Belcher Road. The subject site is comprised of three parcels with approximately 770 feet of frontage along Gulf to Bay Boulevard and 577 feet of frontage along South Belcher Road. The site is part of a larger Master Site Plan which includes a Wal-Mart grocery store located along the west side of the property to the south of the location of the proposed Kauffman Tire. The site will also include a WaWa automotive service station with convenience store, a Starbucks and two other commercial uses (as yet unnamed). The two former uses are currently in the permitted process while the remaining uses have not been submitted for permit. Additional detail will be provided in the Site History portion of this report. The overall site is accessed via a two-way driveway along Gulf to Bay Boulevard. The immediate vicinity is characterized by a variety of non-residential uses including an Albertson’s and gas station across Gulf to Bay Boulevard to the north, a Publix within a retail plaza across South Belcher Road to the east and car sales to the west. An attached dwelling complex is currently in the permitting process to the south of the overall site. This residential development was included in the Master Site Plan and is also outlined in the Site History portion of this report. A variety of other restaurants (fast food and otherwise), offices, automotive service stations and other retail sales and service establishments are located farther to the east and west along Gulf to Bay Boulevard. Site History: The subject site was originally part of a larger site extending between Gulf to Bay Boulevard and Druid Road. It has been the subject of three Level II Flexible Development applications, and land use and zoning amendment application, preliminary plat application and two Attachment number 3 \nPage 2 of 6 Item # 15 Community Development Board – June 18, 2013 DVA2013-02001 – Page 2 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Development Agreement applications. It is important to note that the south half of the original site has been platted (PLT2011-04002) and was approved for attached dwellings and building permits are currently under review by Staff. To be clear, the south half is now a separate property and is unrelated to the current request and references to the “overall site”, “overall site plan” and the like refer only to the north half of the original property. The history of the site as related to the current request is provided below.  In 2010, the site was the subject of a Level II Flexible Development application (FLD2009-12046) which requested approval to permit 70,212 square feet of Retail Sales and Services uses and 12,787 square feet of Restaurant uses (total commercial floor area of 82,999 square feet) in the proposed Commercial (C) District with, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C, and a two year development order. That case was approved by the Community Development Board (CDB) based on a recommendation of approval by the Development Review Committee (DRC) on February 16, 2010 with 23 conditions. This site plan approved as part of this Flexible Development application is void and was superseded by application FLD2011-04018 outlined, below. The site was also the subject of a Development Agreement (DVA2009-00005; Resolution 10-03).  In 2011, the site was the subject of a Level II Flexible Development application (FLD2011-04018) which requested approval to permit 40,000 square feet of retail sales and service use, 5,559 square feet of automobile service station use, 4,200 square feet of office use (bank) and 9,400 square feet of restaurant uses (total commercial floor area of 59,159 square feet) in the Commercial (C) District with a lot area of 506,892 square feet (11.637 acres), a lot width along Gulf to Bay Blvd. of 820 feet and 617 feet along South Belcher Road, a front (north) setback (Gulf to Bay Blvd.) of 61.8 feet (to building) and 25 feet (to pavement), a front (east) setback (South Belcher Road) of 79.3 feet (to building) and 25.5 feet (to pavement), a side (south) setback of 90.8 feet (to building) and two feet (to sidewalk), a west setback of 20 feet (to building) and 19.4 feet (to pavement), a maximum building height of 35 feet, and 409 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Section 2-704.C, and a two year development order as well as a reduction to the side (south) perimeter landscape buffer from 10 feet to two feet as part of a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. That case was approved by the CDB based on a recommendation of approval by the Development Review Committee (DRC) on July 19, 2011 with 19 conditions. The site was also concurrently the subject of a plat application (PLT2011-04002) which was also approved. The site was also subject to a Development Agreement (DVA2011-04001; Resolution 11-15) which amended the original Development Agreement. Building permits were applied for and obtained within required timeframes therefore the site plan is considered vested.  As noted, there are two Development Agreements associated with the site; DVA2009- 00005 and DVA2011-04001. The former Development Agreement provided for the usual and customary range of applicant and City responsibilities and obligations, time frames and the like and was approved by Council and adopted on March 10, 2010. It provided, in brief and as pertinent to the current request, the following: Attachment number 3 \nPage 3 of 6 Item # 15 Community Development Board – June 18, 2013 DVA2013-02001 – Page 3 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION  A maximum of 90,000 square feet of retail and restaurant development;  495 parking spaces;  A maximum Floor Area Ratio (FAR) of 0.178 (interestingly, the Development Order approving the site plan as part of FLD2011-04018 provides for a lesser maximum FAR of 0.117);  A maximum height of 36 feet;  That any minor amendments to the site plan may be made by the Planning and Development Director pursuant to Code; and  That any amendments to the site plan deemed to not be a minor amendment or that require further review by the CDB shall require an amendment to the Development Agreement.  On August 29, 2011, DVA2011-04001 which constituted an amendment to the original Development Agreement was adopted by City Council. Again, in brief and as pertinent to the current request, the details of the first amendment are as follows:  An overall amendment to the Site Plan (section 3);  Amending Section 4.2 to include specific ratios for the number of required parking spaces rather than an overall number as follows:  five spaces per 1,000 square feet of Gross Floor Area (GFA) for retail and automobile service stations;  four spaces per 1,000 square feet of GFA for office; and  15 spaces per 1,000 square feet of GFA for restaurants.  That the ability to utilize cross-parking amongst outparcels be permitted. Pursuant to CDC Section 4-406 a minor amendment to a Level II Flexible Development approval is, among other allowances, one which does not change the use unless such change is of a similar or less intensity, as determined by the community development coordinator. The proposal includes the inclusion of vehicle service as a new use on the site. One methodology of determining intensity of use is the amount of parking required for a particular use. Vehicle Service is typically permitted within the Industrial Research Technology District where the required parking is 1.5 spaces per 1,000 square feet of GFA. As noted above, the least intense use associated with the master site plan vis-à-vis parking is office at three spaces per thousand. Therefore, the Community Development Coordinator determined that the proposed use is at a similar or lesser intensity as approved and constitutes a minor amendment. However, because Vehicle Service is not an otherwise permitted use within the C district it does need to be approved as part of a Comprehensive Infill Redevelopment Project requiring further review by the CDB a second amendment to the Development Agreement is required. Development Proposal: The proposal is to amend a previously approved site plan to allow a Vehicle Service use within the C District as part of a Retail Plaza with a minimum parking ratio of 1.5 spaces per 1,000 square feet of GFA. The proposal also includes a revision to Condition 3 which was part of the Development Order approving FLD2011-04018. Condition 3 limited the FAR of the overall site to 0.117 where the Development Agreement permits an FAR of up to 0.178. The proposed FAR is 0.127. To be clear, the primary change is the elimination of the office building and replacing Attachment number 3 \nPage 4 of 6 Item # 15 Community Development Board – June 18, 2013 DVA2013-02001 – Page 4 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION it with a Vehicle Service use. No other changes to the site plan are proposed including but not limited to landscaping, height, setbacks and FAR. A full analysis of the site plan is provided in the staff report accompanying application FLD2013-11039. Development Agreement: The purpose of this amendment is to establish new developable square footage for retail sales and services use, office use, automobile service station use and restaurant use. This proposed amendment to the existing Development Agreement (recorded in O.R. Book 16874, Page 2344) as amended (amendment recorded in O.R. Book 17415, Page 2309, does not change the duration limit of ten (10) years and includes the following main provisions:  Amends Section 3 of the agreement to reflect the new site plan for the northern portion (Parcel 1);  Amends Sections 4.1 of the agreement to include no more than 90,000 square feet of retail, restaurant and vehicle service use on the parcel; and  Amends Section 4.2 of the agreement to change the number of parking spaces for restaurants from 15 spaces per 1,000 square feet of gross floor area to 12 spaces per 1,000 square feet and to add 1.5 parking spaces per 1,000 square feet for vehicle service to the existing provided uses and their respective parking ratios. The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of December 5, 2013, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code (CDC), finds that there is substantial competent evidence to support the following findings of fact: 1. That the 11.637 acre site is located at the northeast corner of Gulf to Bay Boulevard and South Belcher Road; 2. That the subject property is located within the Commercial (C) District and the Residential/Office/Retail (R/O/R) Future Land Use Plan category; Attachment number 3 \nPage 5 of 6 Item # 15 Community Development Board – June 18, 2013 DVA2013-02001 – Page 5 Level III Development Agreement Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 3. That the subject property is not located in a special plan area; 4. That the subject property is subject to a vested Level II Flexible Development application (FLD2011-04018) approved by the CDB on July 19, 2011 with 19 conditions; 5. That the subject property is subject to a Development Agreement (DVA2009-00005) as amended (DVA2011-04001); 6. An amended Development Agreement (DVA2013-11001) must be approved by City Council, which provides for general and specific parameters of the project and other design considerations; 7. That the proposal is to construct a Vehicle Service as part of a Retail Plaza and is subject to the requisite development parameters per Article 2 Division 7 of the CDC, the approved site plan (FLD2011-04018) and Development Agreement (DVA2009-00005 and DVA2011- 04001); 8. That the site is currently under construction with a Wal-Mart grocery store and various site improvements including but not limited to stormwater facilities, site access and utilities; 9. The subject property is comprised of three parcels with approximately 770 feet of frontage along Gulf to Bay Boulevard and 577 feet of frontage along South Belcher Road; 10. The proposal includes no material changes to the approved site plan and/or Development Agreement, as amended, with regard to landscaping, setbacks, height, parking or FAR; and 11. There are no active Code Compliance cases for the subject property. Conclusions of Law The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLS2013-11039); 2. That the Development Agreement complies with the standards and criteria of CDC Section 4-606; and 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Nickel Plate Properties, Inc. and the City of Clearwater, for the property at 2165 Gulf-to-Bay Boulevard. Prepared by Planning and Development Department Staff: Mark T. Parry, Planner III ATTACHMENTS: Photographs Attachment number 3 \nPage 6 of 6 Item # 15 Attachment number 4 \nPage 1 of 6 Item # 15 Attachment number 4 \nPage 2 of 6 Item # 15 Attachment number 4 \nPage 3 of 6 Item # 15 Attachment number 4 \nPage 4 of 6 Item # 15 Attachment number 4 \nPage 5 of 6 Item # 15 Attachment number 4 \nPage 6 of 6 Item # 15 Work Session Council Chambers - City Hall Meeting Date:2/18/2014 SUBJECT / RECOMMENDATION: Approval of a Development Agreement between Marquesas, LLC (property owner) and the City of Clearwater, providing for the allocation of 93 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-05, and authorize the appropriate officials to execute same. (HDA2013-12008) SUMMARY: Development Proposal: No changes have been made to the Development Proposal presented at the February 6, 2014 Council meeting. Theowners propose to develop the site with two primary buildings including a 74-unit resort attached dwelling building and a 208-unit overnight accommodations building with associated accessory uses included a restaurant, bar, fitness facility and the like. It should be noted that on April 19, 2005 the Community Development Board (CDB) approved a Transfer of Development Rights (TDR) of 10 units from 41 Devon Drive and three units from the Sand Pearl project located generally at 500 Mandalay Avenue (13 dwelling units total), under the provisions of Section 4-1402 (TDR2005-01017)as associated with applications FLD2005-01016 and PLT2005-00002. It must be noted that the applicant is using only 12 of these dwelling units as part of the 74 proposed dwelling units because the amount of dwelling units, which may used as part of a TDR is limited to 20 percent of the permitted number of dwelling units. As such, for the purposes of determining the overall intensity of use for the site, only 62 dwelling units are used (74 less 12 equals 62). The development is considered a mixed-use project due to the mix of residential and non-residential units. The intensity of use for mixed use projects is determined by calculating the amount of land area needed for one of the uses and the applying the remaining land area to the second use. In the case of the subject development, the development potential is determined by first calculating the amount of land needed to support 62 dwelling units. In this case, 2.067 acres is need to support 62 dwelling units given density of 30 units per acre. This area is subtracted from the overall size of the site (4.38 acres) resulting in 2.313 acres. This is then multiplied by 50 (the otherwise permitted number of hotel units permitted per acre) which yields 115 units. This acreage is also multiplied by 90 (the maximum density for properties greater than 2.5 acres pursuant to Beach by Design) which yields 208 units. Subtracting these two figures (208 less 115) yields 93, which is the number of units needed from the Reserve. The proposal is consistent with Beach by Design and the 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: No changes have been made to the Conceptual Site Plan presented at the February 6, 2014 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC with regard to: Minimum Lot Area and Width Minimum Setbacks Maximum Height Minimum Off-Street Parking Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the February 6, 2014 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to: Cover Memo Item # 16 Design Guidelines Hotel Density Reserve Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of up to 93 units from the Hotel Density Reserve or a maximum density of 90 units per acre; Requires the developer to obtain building permits and certificates of occupancy in accordance with (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to 93 units from the Hotel Density Reserve under Beach by Design. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 16 Resolution No. 14-02 RESOLUTION NO. 14-05 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND MARQUESAS, LLC..; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Marquesas, LLC.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and Marquesas, LLC., a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2014. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 16 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the _______ day of _______________, 2013, and entered into between MARQUESAS, LLC, a Florida limited liability company (“Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 5.31 acres of real property, including 4.38 acres of upland ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to use (for density calculation purposes) 2.31 acres of the Property as a “Hotel” with overnight accommodation units, minimal meeting space for guest use, pool/tiki bar, lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B” (collectively, these improvements are the “Hotel”); and WHEREAS, the Developer desires to use (for density calculation purposes) 2.07 acres of the Property as a “Resort Condominium” with resort attached dwelling units, pool/spa, and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit “B” (collectively, these improvements are the “Resort Condominium”; and Attachment number 2 \nPage 1 of 22 Item # 16 WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, the Property has previously acquired density through Transfer of Development Rights; and WHEREAS, upon completion the Hotel will contain 208 overnight accommodation units, which includes 93 units from the available Hotel Density Reserve (“Reserve Units”) and the Resort Condominium will contain 74 resort dwelling units, including twelve (12) units previously transferred to the Property (collectively, the Resort Condominium and Hotel are the “Project”); and WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on ______________________, 2014, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. Attachment number 2 \nPage 2 of 22 Item # 16 SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple by the Developer. 3.3 The Property is generally located at the intersection of S. Gulfview Blvd and the Clearwater Pass Bridge as further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Hotel shall consist of 208 overnight accommodation units. Of the 208 overnight accommodation units, 93 units shall be from the Hotel Density Reserve. 4.2 The Resort Condominium shall consist of 74 resort attached dwelling units, subject to site plan approval independent of the requirements contained herein. This Agreement grants no development rights additional to those vested as of the Effective Date of this Agreement. 4.3 The Project shall include a minimum of 383 parking spaces, as defined in the Code. 4.4 The design of the Hotel, as represented in Exhibit “B”, is consistent with Beach by Design. 4.5 The density of the Hotel shall be the equivalent of 90 units per acre and the density of the Resort Condominium shall be the equivalent of 30 dwelling units per acre plus a transfer of density of 12 units using a mixed use density calculation. In no instance shall the density of a parcel of land exceed 150 units per acre. The height of the Project shall be 150 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. Attachment number 2 \nPage 3 of 22 Item # 16 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Hotel: 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning Director as either inconsistent with attached Exhibit “B” or constituting a substantial deviation from attached Exhibit “B” shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain appropriate site plan approvals pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement ("Commencement Date") for the Hotel and shall then obtain appropriate permits and Certificate(s) of Occupancy, all in accordance with provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approvals, and the Commencement Date, pursuant to the Code or state law. In the event that work is not so commenced, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. Nothing herein shall require Developer to obtain site plan approval within one year for the Resort Condominium. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Attachment number 2 \nPage 4 of 22 Item # 16 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit in the Hotel shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. Attachment number 2 \nPage 5 of 22 Item # 16 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive ninety-three (93) units from the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions of Section 6.1.5. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the Cit y. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization’s (“MPO”) or its successor’s countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: · Recognition of standard data sources as established by the MPO; · Identification of level of service (LOS) standards for state and county roads as established by the MPO; · Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance; · Utilization of the MPO Traffic Impact Study Methodology; and · Recognition of the MPO designation of “Constrained Facilities” as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. Attachment number 2 \nPage 6 of 22 Item # 16 7.7 Developer agrees to provide a cashier’s check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms of this Agreement and is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or Attachment number 2 \nPage 7 of 22 Item # 16 (e) This Agreement is based on substantially inaccurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Marquesas, LLC c/o Ocean Properties 1000 Market Street Portsmouth, NH 03801 With Copy to: E.D. Armstrong III Hill Ward Henderson 311 Park Place, Suite 240 Clearwater, FL 33759 If to City: City of Clearwater Attn: City Manager 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. Attachment number 2 \nPage 8 of 22 Item # 16 SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, Attachment number 2 \nPage 9 of 22 Item # 16 in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. Attachment number 2 \nPage 10 of 22 Item # 16 SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. [Signature pages to follow] Attachment number 2 \nPage 11 of 22 Item # 16 IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: Marquesas, LLC, a Florida limited liability company ______________________________ __________________________________ Print Name_____________________ By: Its Managing Member ______________________________ Print Name_____________________ As to Developer CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney Attachment number 2 \nPage 12 of 22 Item # 16 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires Attachment number 2 \nPage 13 of 22 Item # 16 EXHIBIT “A” Legal Description Attachment number 2 \nPage 14 of 22 Item # 16 EXHIBIT “B” Conceptual Site Plan Attachment number 2 \nPage 15 of 22 Item # 16 EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the _____ day of _________________, 2014, by Marquesas, LLC, a Florida limited liability company ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution __________, passed and approved on ____________, 201__, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for Attachment number 2 \nPage 16 of 22 Item # 16 the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the Hotel on the Property is restricted as follows: 2.1.1 100 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. All other hotel units shall be licensed as a public lodging establishment. No hotel unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. No hotel unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 2.1.2 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel”, and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Attachment number 2 \nPage 17 of 22 Item # 16 Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _____ day of ______________, 201__. In the Presence of: ______________________________ By:__________________________________ Print Name_____________________ ___________________________________ ______________________________ Print Name Print Name_____________________ As to Developer CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: Attachment number 2 \nPage 18 of 22 Item # 16 __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expi Attachment number 2 \nPage 19 of 22 Item # 16 EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: __________________________________________ __________________________________________ _________________________________________ COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this _____ day of _____________, 201__, by Marquesas, LLC, a Florida limited liability company (“Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Exhibit "A" attached hereto and incorporated herein by reference (the "Hotel” and “Resort Condominium”); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated ___________, 201__ (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel and resort condominium project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a limited-service hotel project and as a resort condominium, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Attachment number 2 \nPage 20 of 22 Item # 16 Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this _____ day of ______________, 201__. In the Presence of: _____________________________________ ___________________ ______________________________ By:__________________________________ Print Name_____________________ _________________________________ Print Name ______________________________ Print Name_____________________ As to Developer CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney Attachment number 2 \nPage 21 of 22 Item # 16 4993596v3 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of ______________, 201__, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 201__, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 2 \nPage 22 of 22 Item # 16 $ 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 3 \nPage 1 of 7 Item # 16 $5$&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 3 \nPage 2 of 7 Item # 16 $5$&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 3 \nPage 3 of 7 Item # 16 $5$&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 3 \nPage 4 of 7 Item # 16 $5$&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 3 \nPage 5 of 7 Item # 16 $5$&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 3 \nPage 6 of 7 Item # 16 $5$&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 3 \nPage 7 of 7 Item # 16 $ 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 4 \nPage 1 of 3 Item # 16 $5$&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 4 \nPage 2 of 3 Item # 16 $ 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 4 \nPage 3 of 3 Item # 16 $5$&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 5 \nPage 1 of 2 Item # 16 $5$&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 5 \nPage 2 of 2 Item # 16 $ 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 6 \nPage 1 of 2 Item # 16