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04/14/2014 WORK SESSION AGENDA Council Chambers - City Hall 4/14/2014 - 1:00 PM 1. Presentations 1.1Service Awards Attachments 1.2American Membrane Technology Association (AMTA) / American Water Works Association (AWWA) Awards - 1) Membrane Plant of the Year: Glenn Daniel & Fred Hemerick 2) Membrane Plant Operator of the Year: Fred Hemerick Attachments 2. Financial Services 2.1Approve settlement of the liability claim of Ms. Victoria Kossaris for payment of $90,000.00 and authorize the appropriate officials to execute same. (consent) Attachments 3. Parks and Recreation 3.1Approve Revocable License Agreement from April 17, 2014 through April 16, 2015 with All Around Amusements, LLC (AAA) to provide entertainment concessions at Pier 60 Park, and authorize the appropriate officials to execute same. (consent) Attachments 3.2Approve the Purchase Contract for the City’s purchase of real property from CSX Transportation, Inc. located adjacent to Ross Norton Park, with a purchase price of $72,000 and total expenditures not to exceed $78,000, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) Attachments 4. Solid Waste/General Support Services 4.1Award a Contract (Purchase Order) for $348,861.50 to Alan Jay Fleet Sales of Sebring, FL for the purchase of eleven 2014 Ford F350 pickup trucks, in accordance with the Florida State Term Contract 071-000-14-1, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interests; and authorize the appropriate officials to execute same. (consent) Attachments 4.2 Award a Contract (Purchase Order) for $980,566.35 to Rush Truck Centers of Tampa, FL for the purchase of three Peterbilt Model 320 Front End Loaders in accordance with the Florida Sheriff's contract 13-11- 0904 Spec 14, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) Attachments 4.3Award a Contract (Purchase Order) for $189,642.00 to Nortrax SE, LLC of Wesley Chapel, FL for the purchase of one 2014 John Deere 644K Front End Loader, in accordance with the Florida Sheriff’s Contract 13-11-0904, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) Attachments 4.4Award a Contract (Purchase Order) for $218,000.00 to Powerscreen of Florida, Inc. of Lakeland, FL for the purchase of one Powerscreen Portable Materials Screening Plant-Engineering equipment, in accordance with Bid 07-14, 2.561(1)(a), Code of Ordinances - Notice Inviting Bids; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) Attachments 4.5Award a Contract (Purchase Order) for $527,408.00 to Container Systems and Equipment Company, Inc. of Daytona Beach, FL for two Crane Carrier Low Entry Crew Cab Chassis with Loadmaster Excel Rearloader Body in accordance with the Florida Sheriff’s Contract 13-11-0904 Spec No. 014, with 2.564 (1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) Attachments 4.6Approve a contract (purchase order) to Communications International Inc., of Vero Beach, FL in the amount of $94,858.59 to construct a microwave link from Clearwater Police department to the main radio tower, in accordance with Sec. 2.564(1)(b), Code of Ordinances-Sole Source and authorize the appropriate officials to execute same. (consent) Attachments 5. Public Utilities 5.1Approve a two year extension to BPO BR508064 with Xylem, Inc. of Apopka, Florida for Flygt pumps, replacement parts and factory authorized service for the contract period of May 01, 2014 to April 30, 2016, and authorize the appropriate the appropriate officials to execute same. (consent) Attachments 5.2Approve a one-year extension and an increase of $73,690.00 and to existing contract (BPO BR508863) with Water Specialists Technologies LLC, of Sanford, FL for a three-year (Fiscal Year 2013 – Fiscal Year 2015) total contract amount of $206,788.80, of which $183,686.25 is the balance needed for the remainder of Fiscal Year 2014 and for Fiscal Year 2015 for the purchase of copper precipitant TR-50, and authorize the appropriate officials to execute same. (consent) Attachments 6. Engineering 6.1Ratify and Confirm Change Order 2 to Wharton-Smith, Inc. of Sanford, Florida for the Marshall Street WRF Clarifier 1-4 Rehabilitation project (11-0053-UT) for a time extension of 34 days for a total extension of 93 days. (consent) Attachments 6.2Approve the conveyance of a Distribution Easement to be granted to Duke Energy for the installation of electrical facilities to provide service to a water production well at Kapok Park, and authorize the appropriate officials to execute same. (consent) Attachments 6.3Accept a Fire Hydrant and Utilities Easement conveyed by Sunset Point Apartments, Inc. over property located at 1401 Sunset Point Road, Clearwater, FL, subject to approval of said easement by the United States of America, Secretary of Housing and Urban Development (HUD). (consent) Attachments 6.4Accept a Sidewalk Easement conveyed by 520HC, LLC over property located at 520 Howard Court, Clearwater. (consent) Attachments 7. Planning 7.1Continue to May 15, 2014: Approve the Annexation of a portion of the road right-of-way located on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of North Belcher Road, Montclair Road, and Old Coachman Road, consisting of a portion of Section 06, Township 29 South, Range 16 East; and pass Ordinances 8558-14, 8559-14, and 8560-14 on first reading. (ANX2014-02005) Attachments 7.2Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban(RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2205 McMullen Booth Road (Metes and Bounds Tract 32/18 in Section 33, Township 28 South, Range 16 East); and pass Ordinances 8547-14, 8548-14 and 8549-14 on first reading. (ANX2014-01003) Attachments 7.3Approve 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 3119 Johns Parkway (Lot 3, Johns Parkway subdivision) together with all abutting Right of Way of Johns Parkway; and pass Ordinances 8555-14, 8556-14 and 8557-14 on first reading. (ANX2014-02004) Attachments 7.4Approve 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 1235 Palm Street, 1942 North Betty Lane, and 1996 North Betty Lane, together with certain right-of-way of North Betty Lane, located south of State Street; and pass Ordinances 8561-14, 8562-14 and 8563-14 on first reading. (ANX2014-02006) Attachments 7.5Approve 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 1940 North Betty Lane; 1978 North Betty Lane; 2084 Lantana Avenue; 1258 Sedeeva Circle North; 2075 The Mall; and 1241 Union Street (all parcels are located in Section 03, Township 29 South, Range 15 East), together with certain rights-of-way of: North Betty Lane, Sedeeva Circle North and Lantana Avenue; and pass Ordinances 8552-14, 8553-14 and 8554-14 on first reading. (ATA2014-01001) Attachments 7.6Approve a First Amendment to an existing Development Agreement between Clearwater Grande LLC, (the property owner) and the City of Clearwater, providing for the allocation of up to ten units from the Hotel Density Reserve under Beach by Design, where 80 units were previously obtained on June 19, 2013, for a new overall density of 125.96 units per acre where a maximum density of 150 units per acre is allowed, adopt Resolution 14-08, and authorize the appropriate officials to execute same. (HDA2014- 02001) Attachments 7.7Approve the Scope of Services Assignment and the Advisory Services Agreement with Urban Land Institute and authorize the appropriate officials to execute same. (consent) Attachments 8. Official Records and Legislative Services 8.1Reappoint John Funk to the Community Development Board as the alternate member with term to expire April 30, 2018. Attachments 8.2Reappoint Jerri Menaul to the Public Art and Design Board (Artist Qualification) with a term to expire April 30, 2018. Attachments 8.3City Council Rules and Policies (WSO) Attachments 9. Legal 9.1Approve a Legal Services Agreement hiring the Law Firm of Richards, Gilkey, Fite, Slaughter, Pratesi and Ward, to represent the City in reviewing the purchase agreement and condominium documents pertaining to the proposed parking garage at the Pelican Walk Shopping Center for an amount not to exceed $40,000, and authorize the appropriate officials to execute same. (consent) Attachments 10. City Manager Verbal Reports 10.1City Manager Verbal Reports Attachments 11. Council Discussion Items 11.1North Beach Sand Issue Attachments 12. Closing Comments by Mayor 13. Adjourn 14. Presentation(s) for Council Meeting 14.1Arbor Day Proclamation - Chuck Porthouse, Parks Service Supervisor Attachments 14.2Civitan Awareness Month Proclamation -Richard Fuller Attachments 14.3Swim Across America Proclamation- Tony and Janice Schicchitano - Swim Across America organizing committee; Brooke Bennett - 3-time Olympic Gold Medalist Attachments 14.4SAR Proclamation - Art Hays, Sons of the American Revolution Attachments 14.5Florida Healthy Weight Champions - Dr. Claude Dharamraj, County Health Department Director; Megan Carmichael, Tobacco Manager Attachments Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Marsha McGrath Library 10 Years of Service Daniel Brown Parks and Recreation James Deluca Solid Waste Veronica Josef Engineering Joseph Ryan Public Utilities Ronald Theisen Parks and Recreation 15 Years of Service Lawrence Labus Parks and Recreation Markus DeBose Engineering/Stormwater Scott Smith Customer Service Paul Bertels Engineering Nicole Sprague Official Records and Legislative Services 20 Years of Service John Witkowski Planning and Development David Roberts Engineering/Stormwater 30 Years of Service Dane Whitt Gas Review Approval:1) Human Resources Cover Memo Item # 1 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: American Membrane Technology Association (AMTA) / American Water Works Association (AWWA) Awards - 1) Membrane Plant of the Year: Glenn Daniel & Fred Hemerick 2) Membrane Plant Operator of the Year: Fred Hemerick SUMMARY: Review Approval: Cover Memo Item # 2 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Approve settlement of the liability claim of Ms. Victoria Kossaris for payment of $90,000.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: The claimant was a passenger in a car traveling south on the US 19 access road turning right, or westbound, onto Drew Street. A police cruiser with emergency lights/siren on was behind the claimant car also intending to turn right. The claimant driver suddenly saw a second police cruiser traveling west on Drew with its emergency lights/siren on. The claimant car stopped suddenly and the first police cruiser rear-ended the claimant car. The claimant was injured and that is the basis of her claim. Ms. Kossaris’ claim can be settled for $90,000.00. The City’s limit of liability as provided by Section 768.28, Florida Statutes is $200,000. The City’s Risk Management Division and City’s Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Appropriation Code Amount Appropriation Comment 590-07000-545900-519-000 90,000 Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 3 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Approve Revocable License Agreement from April 17, 2014 through April 16, 2015 with All Around Amusements, LLC (AAA) to provide entertainment concessions at Pier 60 Park, and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 6, 2013, the Council approved Revocable License Agreements with Ultimate Bounce, LLC (UB) and Emerald Coast Bungee, Inc. (ECB), to provide entertainment concessions at Pier 60 Park. The License Agreement with UB was mutually terminated on December 17, 2013. On February 17, 2014, a Request for Proposal (RFP) was issued for beach entertainment concessions at Pier 60 Park and Beach to replace UB. Staff is recommending that a new Revocable License Agreement be approved with AAA. AAA will provide an inflatable bounce house, dry slide, wet slide and other inflatable concessions. Under the License Agreement, AAA will remit a license fee equal to $52,500 per Fiscal Year. Staff is recommending 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. All new or replacement amusements must be approved by the Parks and Recreation Director or their designee. Bid Required?:Yes Bid Number:10-14 Other Bid / Contract:Bid Exceptions:None Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 4 Attachment number 1 \nPage 1 of 12 Item # 4 Attachment number 1 \nPage 2 of 12 Item # 4 Attachment number 1 \nPage 3 of 12 Item # 4 Attachment number 1 \nPage 4 of 12 Item # 4 Attachment number 1 \nPage 5 of 12 Item # 4 Attachment number 1 \nPage 6 of 12 Item # 4 Attachment number 1 \nPage 7 of 12 Item # 4 Attachment number 1 \nPage 8 of 12 Item # 4 Attachment number 1 \nPage 9 of 12 Item # 4 Attachment number 1 \nPage 10 of 12 Item # 4 Attachment number 1 \nPage 11 of 12 Item # 4 Attachment number 1 \nPage 12 of 12 Item # 4 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Approve the Purchase Contract for the City’s purchase of real property from CSX Transportation, Inc. located adjacent to Ross Norton Park, with a purchase price of $72,000 and total expenditures not to exceed $78,000, and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) SUMMARY: The subject property is located between Lakeview Road and Woodlawn Street along the boundary of the existing railroad right-of- way. The property is a strip of land approximately 15 ft. wide and 1,100 ft. long immediately west of Ross Norton Park. The acquisition is necessary to complete the recreation trail project at Ross Norton/Ed Wright Park. Two appraisals were performed on the property. CSX provided an appraisal report with a value conclusion of $71,500. This report was prepared by McKeon and Menard Real Estate Advisory and Valuation Services, an independent appraisal firm. At the City’s request, James Millspaugh and Associates, Inc., an independent appraisal firm, prepared a report with a value conclusion of $28,200. The difference in value conclusions can be attributed to McKeon and Menard’s use of the Across the Fence (ATF) appraisal method. The ATF method is common practice in the appraisal industry in valuing corridors and typically results in a higher value conclusion. Mr. Millspaugh applied a more traditional appraisal method. Both appraisal reports meet the requirements of the Code of Professional Ethics and Uniform Standards of Professional Appraisal Practice of the Appraisal Institute. A mid-year amendment will transfer $78,000 of Recreation Land Impact Fees from the Special Development Fund into project 315- 93272, Bicycle Path/Bridges. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:No Budget Adjustment Comments: Funding from Recreation Land Impact Fees Current Year Cost:78,000 Annual Operating Cost:-0- Not to Exceed:78,000 Total Cost:78,000 For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 343961 78,000 Recreation Land Impact Fees Review Approval: 1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 5 Site ID: FL-103-1064936 PIN: 12103 0033 DDD / 2-14-2014 PURCHASE SALE AGREEMENT THIS AGREEMENT, hereinafter called the "Agreement", made and entered into by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose address is c/o CSX Real Property, Inc. - J915, 6737 Southpoint Drive South, Jacksonville, Florida 32216-6177, hereinafter called the "Seller" or “Grantor”, and The City of Clearwater, whose address is 112 South Osceola Avenue, Clearwater, Florida 33756 , hereinafter called the "Buyer" or “Grantee”, provides: 1. PURCHASE AND SALE: For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller agrees to sell and Buyer agrees to buy the Premises, as hereinafter defined, pursuant to and in accordance with the terms and conditions of this Agreement. Buyer hereby agrees to purchase from Seller and Seller agrees to sell to Buyer, the land or property rights shown or identified on Exhibit "A", attached hereto and made a part hereof, hereinafter called the "Premises". The Premises is located in the City of Clearwater, in the County of Pinellas, in the State of Florida, and contains .38 acres, more or less. 2. PRICE: 2.1 The purchase price for the Premises is SEVENTY TWO THOUSAND AND NO/100 U.S. DOLLARS ($72,000) (hereinafter the "Purchase Price"). 2.2 If a survey of the Premises indicates an area that varies by more than five percent (5%) from the area indicated above, the Purchase Price shall be proportionally increased or decreased (rounded to the nearest hundred dollars) based on the difference between the surveyed acreage and acreage indicated above. 3. DEPOSIT: 3.1 A non-interest bearing deposit in the amount of SEVEN THOUSAND AND NO/100 U.S. DOLLARS ($7,000) (hereinafter the "Deposit") accompanies Buyer's execution of this Agreement. The balance of the Purchase Price shall be paid at settlement or closing of the transaction (hereinafter the "Closing"), in cash, by certified or cashier's check, or by other readily available funds acceptable to Seller. 3.2 The Deposit shall be applied to the Purchase Price at Closing. The Deposit shall be refunded to Buyer only in the event Buyer's Offer (as defined in Section 4.1) is not accepted by Seller as provided for in Section 4.1 or upon termination as provided for in Sections 5.2, 7.4, 10.4, 13.4 and/or 17 hereof. 3.3 If Buyer fails to Close pursuant to Section 9 or perform in accordance with the terms hereof, Buyer agrees and consents that the Deposit may be forfeited to and retained by Seller, at Seller's sole option. 4. OFFER, ACCEPTANCE, CONTRACT: 4.1 Until accepted by Seller, Buyer's offer to purchase the Premises (hereinafter the "Offer") as evidenced by its execution and delivery of this Agreement shall be a firm offer for a period of THIRTY (30) days from the date of this Agreement. Seller's acceptance of the Offer is to be evidenced by its execution of this Agreement. Failure of Seller to accept the Buyer's Offer and execute this Agreement within the above -mentioned period shall render the Offer null and void, and the Deposit shall be returned to Buyer. 4.2 This Agreement, when accepted by Seller, shall constitute a contract and the entire agreement between the parties hereto, and they shall not be bound by any terms, oral or wri tten conditions, statements or representations not contained herein or attached hereto. 4.3 Neither the Buyer's Offer nor, upon its execution by all parties, this Agreement may be changed, Attachment number 1 \nPage 1 of 12 Item # 5 altered or modified except by an instrument in writing signed by B uyer and Seller. 4.4 The Buyer's Offer and this Agreement shall be executed in duplicate, each of which may be treated as an original. 5. CONTINGENCIES: 5.1 This Agreement is contingent upon the following events, if any: (a) Seller shall have received and approved Buyer’s Soil Management Plan and Capping Plan referred to in Exhibit B. 5.2 The contingencies listed in Section 5.1 above must be satisfied or complied with on or before NINETY (90) DAYS FOLLOWING SELLER’S ACCEPTANCE OF BUYER’S OFFER (the "Contingency Date"). If the contingencies listed in Section 5.1 are not satisfied or complied with by the Contingency Date, Buyer may, at Buyer's sole option, elect to terminate this Agreement by written notice to Seller given on or before the Contingency Date. If terminated, the Buyer shall be entitled to a refund of the Deposit, and Buyer shall furnish Seller with a copy of all materials and information (including but not limited to any engineering reports, studies, maps, site characterizations and/or zoning r elated materials) developed by Buyer during the term of this Agreement relating to the potential use or the physical condition of the Premises. 6. DEED: 6.1 As early as practicable after execution of this Agreement by all parties, Seller will prepare and submit to Buyer, for Buyer's comments, a form of deed in conformance with the terms of this Agreement to convey the Premises to Buyer. Buyer shall have a period of five (5) calendar days after receipt of said deed to examine same and notify Seller of any comments. If no comments are received within the five (5) day period, Buyer shall be deemed to have approved the deed in the form submitted. Seller shall have no obligation to modify the deed to conform to Buyer's comments if the deed otherwise conforms to the terms of this Agreement. 6.2 The conveyance shall be by quitclaim deed conveying all of Seller’s right, title and interest in the Premises, if any, but shall be expressly subject to: all existing roads, fiber optic facilities, public utilities; all m atters of record; any applicable zoning ordinances and subdivision regulations and laws; taxes and assessments, both general and special, which become due and payable after the date of conveyance and which Buyer assumes and agrees to pay; all matters that would be revealed by a survey meeting applicable State minimum technical requirements or by an inspection of the Premises; the items or matters identified in Section 10.1 of this Agreement; and all existing occupancies, encroachments, ways and servitudes, howsoever created and whether recorded or not. The provisions of this Section shall survive Closing. 6.3 The deed shall contain one or more restrictive covenants, reading substantially as follows, to run with title to the Premises, and to be binding upon Buyer, Buyer's heirs, legal representatives and assigns, or corporate successors and assigns, or anyone claiming title to or holding the Premises through Buyer: Grantee acknowledges that the Premises conveyed hereunder has been historically used for railroad industrial operations and is being conveyed for use only as a recreational trail. Grantee, by acceptance of this deed, hereby covenants that it, its successors, heirs, legal representatives or assigns shall not use the Premises for any purpose other than a recreational trail and that the Premises will not be used for (a) any residential purpose of any kind or nature (residential use shall be defined broadly to include, without limitation, any use of the Premises by individuals or families for purposes of personal living, dwelling, or overnight accommodations, whether such uses are in single family residences, apartments, duplexes, or other multiple residential dwellings, trailers, trailer parks, camping sites, motels, hotels, or any other dwellin g use of any kind), (b) any public or private school, day care, or any organized longterm or short term child care of any kind, or (c) any agricultural purpose that results in, or could potentially result in, the human consumption of crops or livestock rai sed on the property (agricultural purpose shall be defined broadly to include, without limitation, activities such as food crop production, dairy farming, Attachment number 1 \nPage 2 of 12 Item # 5 livestock breeding and keeping, and cultivation of grazing land that would ultimately produce, or lea d to the production of, a product that could be consumed by a human). By acceptance of this deed, Grantee further covenants that it, its successors, heirs, legal representatives or assigns shall not use the groundwater underneath the Premises for human consumption, irrigation, or other purposes. Grantee and Grantor agree and acknowledge the covenants and easements contained in this Deed shall be covenants "in gross" and easements "in gross" which shall remain binding on Grantee, its successors, heirs, legal representatives and assigns regardless of whether Grantor continues to own property adjacent to the Premises. Grantee acknowledges Grantor will continue to have a substantial interest in enforcement of the said covenants whether or not Grantor retains title to pr operty adjacent to the Premises. NO ACCESS: Grantee, by acceptance of this deed, covenants and represents that Grantee owns property adjoining the Premises and has access to the Premises through Grantee’s adjoining property or through other property not owned by Grantor. Grantee, on its behalf, its heirs, personal representatives, successors and assigns, releases Grantor, its successors and assigns, from any responsibility, obligation or liability to provide access to the Premises through land now owned or subsequently acquired by Grantor. Should Grantee ever convey the Premises, or any portion thereof, to a third party, Grantee will provide access to the Premises through Grantee’s adjoining property or through other property not owned by Grantor. FENCING: Grantee, by the acceptance hereof, hereby covenants and agrees with Grantor that Grantor shall not be required to erect or maintain any fences, railings or guard rails along any boundary lines between the Premises and the adjacent land(s) of Grantor or of any other company affiliated with Grantor; or be liable for or required to pay any part of the cost or expense of erecting or maintaining such fences, railings or guard rails or any part thereof; or be liable for any damage, loss or injury that may result by reason of the non-existence or the condition of any fences, railings or guard rails. Grantee assumes all liability and responsibility respecting fences, railings or guardrails on the Premises or the absence thereof. Prior to commencement of any PUBLIC USE OF the Premises, Grantee shall construct and maintain, at Grantee's sole cost and expense, an adequate and suitable fence along the WESTERN line of the Premises which adjoins Grantor's railroad track for so long as a railroad track exists on th e adjoining railroad operating property. The fence shall be of a type satisfactory to Grantor and reasonably sufficient to keep persons and vehicles from trespassing on Grantor's adjoining operating property. DRAINAGE: Grantee, by acceptance of this deed, hereby covenants that it, its successors, heirs, legal representatives or assigns shall maintain the existing drainage on the Premises in such a manner as not to impair adjacent railroad operating property drainage and not to redirect or increase the qu antity or velocity of surface water runoff or any streams into Grantor's drainage system or upon the railroad operating property or other lands and facilities of Grantor. If the Premises or existing drainage are modified or improved, Grantee agrees to con struct and maintain, in accordance with all applicable statutes, ordinances, building and subdivision codes, covenants and restrictions, an adequate drainage system from the Premises to the nearest public or non -Grantor owned drainage or storm sewer system, in order to prevent the discharge of roof, surface, stream and other drainage waters upon railroad operating property or other adjacent lands and facilities of Grantor. NOISE, LIGHT, FUME, VIBRATION ABATEMENT: Grantee, its successors and assigns, by ac ceptance of this deed, hereby covenants and agrees with Grantor that Grantor shall not be required to erect or maintain any noise, light, fume or vibration abatement or reduction structure along any boundary lines between the Premises and the adjacent land(s) of Grantor or any other company affiliated with Grantor; or be liable for or required to pay any part of the cost or expense of erecting or maintaining such abatement or reduction structures or any part hereof; or be liable for any damage, loss or injury that may result by reason of the non-existence or the condition of any noise, light, fume or vibration abatement or reduction structures. Grantee assumes all liability and responsibility respecting noise, light, fume or vibration abatement or reduction structures, as the same may affect the Premises, and covenants not to sue Grantor, its successors or assigns for existence of the noise, light, fumes and vibrations from Grantor’s operations. Grantee acknowledges that the Grantor’s railroad operation is a 24 -hour a day, seven day a week continuous operation that may create noise, vibration, light, smoke and other inconveniences. Attachment number 1 \nPage 3 of 12 Item # 5 6.4 Seller shall except and reserve unto itself as Grantor, its successors and assigns, the following easements, rights and interests: EXCEPTING unto Grantor all oil and gas, and the constituents of each, underlying the Premises; and RESERVING the right for Grantor, its successors and assigns, to remove the same; HOWEVER, Grantor will not drill or permit drilling on the surface of the Premises without the prior written consent of Gra ntee, which consent shall not be unreasonably withheld. 7. TITLE SEARCH, INSURANCE: 7.1 Buyer has the option of arranging and paying for such examination of title or title insurance on the Premises as Buyer may desire, at Buyer's sole cost. 7.2 Irrespective of whether Buyer obtains a title examination or insurance, Buyer shall, if Buyer closes on the Premises, accept the Premises in its AS -IS, WHERE-IS, WITH ALL FAULTS condition. The provisions of this Section shall survive Closing. 7.3 As information, Seller's source of title to the Premises is believed to be: INSTRUMENT/PARTY DATE RECORDATION DATA BELLEVUE-GRISWOLD HOTEL COMPANY 7/24/1924 484/603 This information is provided solely to assist Buyer in reviewing title to the Premises and is not intended to, and shall not be relied upon, by Buyer. 7.4 If, through an examination of title as provided in 7.1 above, title is found defective, Buyer shall, within ten (10) days thereafter, notify Seller in writing specifying defect(s). If the defect(s) renders title unmarketable, Seller will, in good faith, assist Buyer to remove the defect(s). Seller’s assistance in removing title defect(s) may include, but is not limited to, executing and recording documents for the purpose of clearing title. Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or terminating this contract. If Buyer elects to terminate this contract, the Deposit required in Paragraph 3 hereof shall be fully refunded to Buyer. Conditions described in 6.2 above that may exist shall not be considered title defects. 8. SURVEY: 8.1 Immediately upon notice of Seller’s acceptance of this Agreement, Buyer shall obtain a survey of the Premises conforming to applicable State minimum technical requirements at Buyer's expense. 8.2 Within thirty (30) days after notice of Seller’s acceptance of thi s Agreement, Buyer shall furnish Seller with a copy of any title insurance commitment covering the Premises, if Buyer has obtained same, and three (3) copies of a metes and bounds description of the Premises, a CD in Microsoft Word or WordPerfect format of the description and three (3) prints of a survey acceptable to Seller and to the Recorder of Deeds for the County or City in which the Premises is located, certified to Buyer and Seller, for use by Seller in preparation of the deed and other papers. If Seller does not accept Buyer's Offer by executing this Agreement, Seller shall reimburse Buyer for the cost of the survey, and Buyer shall thereupon assign all rights therein and copies thereof to Seller. 9. CLOSING: Unless delayed as otherwise provided for herein, closing hereunder shall be held on or before ONE HUNDRED AND TWENTY (120) DAYS FOLLOWING SELLER’ ACCEPTANCE OF BUYER’S OFFER at such time and place as Seller and Buyer shall mutually agree. If Buyer and Sel ler do not agree upon a time and place for Closing, Seller shall designate the time and place for Closing. The time and date for Closing may be extended only by Seller in writing, time expressly being of the essence in this Agreement. Attachment number 1 \nPage 4 of 12 Item # 5 10. POSSESSION: Buyer shall obtain possession of the Premises at Closing, subject to the limitations, terms and conditions of Section 6 of this Agreement, and such other leases, licenses, easements, occupancies or other limitations which are identified by Section 10.1, or which are discovered by Seller during the term of this Agreement (which may not necessarily be stated in the deed), unless canceled by Seller or otherwise terminated (whether by notice, expiration, nonrenewal or any other reason) prior to Closing. 10.1 Seller believes that the Premises is currently subject to the following leases, licenses, easements, occupancies and/or limitations (which may or may not be of record): (i) Leases: NONE (ii) Licenses: PREFIX NUMBER SUFFIX TYPE NAME DATE ACL K00354 Water Line License Agreement KIRKEBY HOLETS INC 7/7/1941 ACL U00231 Power Line License Agreement USA 6/5/1943 CSX 021326 402 Power Line License Agreement FLORIDA POWER CORP 4/30/1943 SAL 063309 Sewer Line License Agreement BOCA CIEGA SANITARY DISTRICT 8/31/1965 SCL 031723 Wire Line License Agreement BRIGHT HOUSE NETWORKS LLC 8/29/1980 (iii) Easements: NONE During the term of this Agreement, Seller will research its archives for, and shall advise Buyer if Seller discovers, any additional leases, licenses, easements, occupancies and limitations affecting the Premises. As to items discovered as a consequence of such research, Seller may elect, in its sole discretion, to either cancel or otherwise terminate such items or, pursuant to Section 10.3, to assign or if such item is applicable to an area greater than the Premises, the Buyer shall be included as party at Closing. 10.2 INTENTIONALLY OMITTED 10.3 At Closing, Seller shall assign to Buyer, and Buyer shall assume, Seller’s right, title and interest in all items identified by Section 10.1, or which are subsequently discovered by Seller, unless canceled or otherwise terminated, at or prior to Closing. However, if such item is applicable to an area greater than the Premises, the Buyer shall be included as party to a partial assignment of the item(s), which may be executed after Closing. 10.4 If, prior to Closing, all or any portion of the Premises is taken by eminent domain (or is the subject of a pending taking which has not yet been consummated), Seller shall notify Buyer of such fact promptly after obtaining knowledge thereof and either Buyer or Seller shall have the right to terminate this Agreement by giving notice to the other not later than ten (10) days after the giving of Seller’s noti ce. If neither Seller nor Buyer elects to terminate this Agreement as aforesaid, there shall be no abatement of the Purchase Price and Seller shall assign to Buyer (without recourse) at the Closing the rights of Seller to the awards, if any, for the takin g, and Buyer shall be entitled to receive and keep all awards for the taking of the Premises or such portion thereof. 10.5 If this conveyance involves sale of any buildings or structures on the Premises, Seller shall have no duty to insure Buyer's interest or to amend or alter Seller's existing insurance policy(ies), if any, to reflect Buyer's interest. Damage to or destruction of the buildings or structures shall not be grounds for Buyer to terminate this Agreement or to postpone Closing. Upon acceptanc e of the Offer by Seller, as evidenced by Seller's execution of this Agreement, the risk of damage to or destruction of the buildings or structures shall be borne by Buyer until Closing or other termination of this Agreement. This provision shall survive Closing or termination. Attachment number 1 \nPage 5 of 12 Item # 5 10.6 Buyer may, at its option and at its sole cost, secure a policy of Fire and Extended Coverage Insurance on the buildings or Structures, provided that Buyer’s liability for damage to or destruction of the buildings or structures during the term of this Agreement shall not be limited by the amount of such insurance. 11. ANNUAL TAXES; RENTS; LIENS; CHARGES: 11.1 All annual or periodic taxes or assessments on the Premises, both general and special, shall be prorated as of the Closing. Any proration shall be based on the taxes assessed against the Seller in the year of the delivery of possession to or entry by Buyer and shall allow the maximum discount permitted by law. If current taxes assessed against the Seller are not available at the time of Closing, Buyer and Seller agree to prorate taxes based upon the latest tax information available to the parties and equitably adjust the proration when taxes for the year of entry or possession become available. 11.2 Any certified governmental assessments or liens for improvements on the Premises which are due and payable at the time of Closing shall be paid in full by Seller, and any pending liens or assessments for improvements not yet due and payable at Closing shall be thereafte r paid in full by Buyer. 11.3 Any rents and license fees (individually in excess of $500.00 prorated amount on annual rental) accruing to the Premises shall be prorated at Closing, with rents and fees prior to the date of Closing retained by Seller. 12. TAXES ON TRANSFER; CLOSING COSTS: 12.1 Seller shall pay all transfer taxes, however styled or designated including all documentary stamps. Buyer shall pay recording costs or fees or any similar expense in connection with this Agreement, the conveyance of the Premises or necessary to record the deed provided that such fees or similar expenses do not include documentary stamps. 12.2 Buyer shall be solely responsible for and shall pay any reassessments or taxes generated by reclassification of the Premises resulting from conveyance of the Premises. 12.3 If any state or local governmental authority requires, presently or in the future, the payment of any sales, use or similar tax upon the sale, acquisition, use or disposition of any portion of the Premises, (wh ether under statute, regulation or rule), Buyer assumes all responsibility for and shall pay the same, directly to said authority, and shall hold Seller harmless from such tax(es) and any interest or penalty thereon. Seller shall cooperate (at no expense to Seller) with Buyer in the prosecution of any claim for refund, rebate or abatement of said tax(es). 12.4 Seller shall pay the cost of recording any release of Seller's mortgage(s) or lien(s). In the event Buyer finances any portion of the Purchase Price (whether through third parties or from Seller), Buyer shall pay all costs thereof, including recordation, intangible taxes, etc. 12.5 Buyer represents and warrants that neither it nor its officers, directors or controlling owners are acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person,” or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; that neither it nor its officers, directors or controlling owners are engaged in this transaction, directly or indirectly, on behalf of, or facilitati ng this transaction, directly or indirectly, on behalf of, any such person, group, entity or nation; and that neither it nor its officers, directors or controlling owners are in violation of Presidential Executive Order 13224, the USA Patriot Act, the Bank Secrecy Act, the Money Laundering Control Act or any regulations promulgated pursuant thereto.” 13. BUYER'S RIGHT OF ENTRY, ENVIRONMENTAL AND OTHER INSPECTIONS: Attachment number 1 \nPage 6 of 12 Item # 5 13.1 Subject to and upon compliance with the terms of this Section 13, during the term of this Agreement, Buyer and/or its agents may be permitted to access the Premises, subject to the rights of any tenant, licensee, utility or other third party occupying any portion of the Premises, in order to make surveys, make measurements, conduct environmental or engineering tests (including drilling and coring for preconstruction soil analysis), and to make such physical inspections and analyses thereof as Buyer shall deem necessary; PROVIDED, however, that Buyer, and/or its agents, hereby assumes all risks of such entry and agrees to defend, indemnify and save Seller harmless from and against any claim, cost or expense resulting from any damage to or destruction of any property (including the Premises or any improvements thereon) and any injury to or death of any person(s), arising from the acts or omissions of Buyer and/or its agents in the exercise of this right -of-entry. Buyer agrees to do no act which would encumber title to the Premises in exercising this right -of-entry. Any drilling and coring holes shall be filled upon completion of testing. All investigation-derived waste, including without limitation drilling waste, ground water and cuttings, shall be promptly handled, characterized and disposed of properly and in accordance with all local, State and Federal requirements, all at Buyer’s sole cost. 13.2 Buyer shall give Seller ten (10) days prior written notice of any entry onto the Premises under this Section 13 and provide Seller with a schedule and scope of work for each of the activities Buyer proposes to undertake during such entry. Upon receipt of the foregoing, Seller reserves the right, in Seller’s sole discretion, to terminate this Agreement or if Seller permits the testing, Seller reserves the right to monitor and approve all procedures in the conduct of any environmental assessments, tests, studies, measurements or analyses performed by or for Buyer in, on, to or with respect to the Premises. Buyer may elect to test the Premises for environmental contamination. If Buyer elects to conduct such te sts, Buyer shall provide in any contract or bids for site assessment or environmental inspections of the Premises a "confidentiality clause", limiting disclosure of the results and any report only to Buyer (or to Seller, upon request), subject to applicable law, including Chapter 119, Florida Statutes, and an “insurance clause,” requiring the company selected by the Buyer to perform the work to produce a certificate of insurance naming the Seller and Buyer as additional insured with the following coverage and limits:  General Liability (CGL) insurance with coverage of not less than THREE MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for bodily injury and property damage.  In addition to the above-described CGL insurance, if Buyer will undertake, or cause to be undertaken, any construction or demolition activity within fifty (50) feet of any Railroad track or any Railroad bridge, trestle or tunnel, then Buyer shall also purchase, or cause to be purchased, a policy of Railroad Protective Liability (RPL) insurance, naming Railroad as the insured, with coverage of not less than FIVE MILLION DOLLARS ($5,000,000) Combined Single Limit per occurrence, with an aggregate of TEN MILLION DOLLARS ($10,000,000). Such policy must be written on ISO/RIMA form of Railroad Protective Insurance – Insurance Services Offices Form No. CG 00 35, including Pollution Exclusion Amendment CG 28 31. At Railroad’s option, in lieu of purchasing RPL insurance (but not CGL insurance), Buyer may pay Railroad a Construction Risk Fee, currently THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500), and thereby be relieved of any obligation to purchase said RPL insurance.  Worker’s Compensation Insurance as required by the state in which the Work is to be performed. This policy shall include Employers’ Liability Insurance with a li mit of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence. Unless prohibited by law, such insurance shall waive subrogation against Railroad.  Automobile Liability Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering all owned, non-owned and hired vehicles. Buyer shall also keep Seller fully apprised of the progress of, and procedures followed with respect to, all such environmental work, if any; and fully cooperate with all reasonable requests of Seller in undertaking and carrying out such work. Buyer shall prepare split samples (which may then be separately tested at Attachment number 1 \nPage 7 of 12 Item # 5 Seller’s sole option and cost) for delivery to Seller and shall deliver to Seller, at no cost to Seller, within five (5) days after receipt, copies of all results, assessments, reports and studies, whether of an environmental nature or otherwise, resulting from any tests or inspections conducted by Buyer pursuant to this Section 13 or otherwise in accordance with this Agreement. At or before Closing, Buyer shall provide Seller a reliance letter from Buyer's consultant, in form and substance reasonably acceptable to Seller, granting Seller the right to rely on the environmental data and reports generated as part of buyer's environmental due diligence, if any, including without limitation, any Phase I and Phase II Environmental Site Assessment Reports. The reliance letter shall not impose any additional limitations or restrictions on Seller's reliance on said data and reports except as may be specified within the report documents themselves. 13.3 Buyer acknowledges that Seller makes no guarantee, representation or warranty regarding the physical or environmental condition of the Premises, and Seller expressly disclaims any and all obligation and liability to Buyer regarding any defects which may exist with respect to the condition of the Premises. 13.4 If environmental contamination of the Premises is revealed by the studies and tests conducted by Buyer pursuant to this Section 13, in an amount and/or c oncentration beyond the minimum acceptable levels established by current applicable governmental authorities, or, if Buyer is unwilling to accept the environmental condition of the Premises as a result of such tests or assessments, Seller's and Buyer's sol e and exclusive remedy shall be to terminate this Agreement and refund the Deposit to the Buyer. Under no circumstances shall Seller be required to correct, remedy or cure any condition or environmental contamination of the Premises, which Buyer's tests and studies may reveal, as a condition to Closing or other performance hereunder. 13.5 Provided Seller does not elect to terminate this Agreement as provided herein, if Buyer elects not to secure environmental tests or inspections, or fails to terminate after receipt of test results, Buyer shall take the Premises "as is" at Closing; assumes all risks associated with the environmental condition of the Premises, regardless of the cause or date of origin of such condition; and releases all rights or claims a gainst Seller relating to such condition or for any costs of remediation or cure of any environmental condition. 13.6 INTENTIONALLY OMITTED 13.7 INTENTIONALLY OMITTED 13.8 INTENTIONALLY OMITTED 13.9 The Buyer’s environmental investigation, if Buyer elects to perform such an investigation, shall be completed no later than NINETY (90) days following SELLER’S ACCEPTANCE OF BUYER’S OFFER. 13.10 The provisions of this Article 13 shall survive Closing or termination of this Agreement. 14. SUBDIVISION APPROVAL; ZONING: 14.1 Any subdivision approval needed to complete the transaction herein contemplated shall be obtained by Buyer at Buyer's sole risk, cost, and expense. Seller shall cooperate with Buyer in obtaining said approval, to the extent necessary or required, but Buyer shall reimburse Seller for any and all charges, costs and expenses (including portions of salaries of employees of Seller assigned to such project) which Seller may incur in such cooperation. 14.2 Seller makes no guarantee or warranty that any subdivision approval will be granted and assumes no obligation or liability for any costs or expenses if same is not approved. 14.3 Costs and expenses shall include all fees, costs and expenses, including reasonable attorneys' fees, of obtaining subdivision plats, or filing same with the applicable governmental body(ies), or recordation thereof, including attorneys' fees, and all other related and/or associated items. Attachment number 1 \nPage 8 of 12 Item # 5 14.4 Seller makes no guarantee, warranty or representation as to the permissibility of any use(s) contemplated by Buyer under existing zoning of the Premises or as to any ability to secure any rezoning for Buyer's use. 15. BROKER'S FEES: The Buyer and the Seller each represent and warrant to the other that neither has introduced into this transaction any person, firm or corporation who is entitled to compensation for services as a broker, agent or finder. The Buyer and the Seller each agree to indemnify the other against and hold the other harmless from any and all commissions, finder's fees, costs, expenses and other charges claimed by real estate brokers or sales persons by, through or under the indemnifying party. Seller shall be under no obligation to pay or be responsible for any broker's or finder's fees, commissio ns or charges in connection with handling this transaction, or Closing. 16. ASSIGNMENT, LIMITS, SURVIVAL: 16.1 This Agreement may not be assigned by Buyer without the prior written consent of Seller. 16.2 As limited above, this Agreement shall be binding upon the parties, their successors and permitted assigns, or upon their heirs, legal representatives and permitted assigns, as the case may be. 16.3 Any provision calling for obligations continuing after Closing or termination of this Agreement shall survive delivery of the deed and not be deemed merged into or replaced by any deed, whether or not the deed so states. 17. DEFAULT: 17.1 In the event of a default by Buyer under this Agreement (including, but not limited to payment of the Deposit within the time specified), Seller may elect to terminate this Agreement by delivery of notice to Buyer and to retain the Deposit and any other money paid by Buyer to or for the account of Seller, as agreed -upon liquidated damages in full settlement of any and all claims arising under or in any way related to this Agreement. 17.2 In the event of a default by Seller under this Agreement, Buyer’s sole and exclusive remedy shall be to terminate this Agreement by delivery of notice to Seller and to receive an immediate return of the Deposit and reimbursement for any reasonable third-party expenses incurred by Buyer pursuant to this Agreement, not to exceed $25,000, as agreed-upon liquidated damages in full settlement of any and all claims arising under or in any way related to this Agreement. Buyer irrevocably waives any and all right to pursue specific performance of this Agreement or any other legal or equitable remedy otherwise available to Buyer. 17.3 Upon the termination of this Agreement pursuant to this Article 17 , Buyer and Seller shall be relieved of all obligations under Agreement, including the duty to close, other than (a) any liability for breach of any of the provisions of Section 13 shall remain as obligations of Buyer and (b) Buyer shall furnish Seller wit h a copy of all materials and information (including but not limited to any engineering reports, studies, maps, site characterizations and/or zoning related materials) developed by Buyer during the term of this Agreement relating to the potential use or the physical condition of the Premises. 17.4 “Default” shall include not only the failure to make prompt payment of any sums when due under this Agreement, but also the failure to fully and timely perform any other acts required of Buyer under this Agreement. 18. NOTICES: 18.1 Notice under this Agreement shall be in writing and sent by Registered or Certified Mail, Return Receipt Requested, or by courier, express or overnight delivery, and by confirmed e -mail. Attachment number 1 \nPage 9 of 12 Item # 5 18.2 The date such notice shall be deemed to have been given shall be the business day of receipt if received during business hours, the first business day after the business day of receipt if received after business hours on the preceding business day, the first business day after the date sent by courier, express or overnight ("next day delivery") service, or the third business day after the date of the postmark on the envelope if mailed, whichever occurs first. 18.3 Notices to Seller shall be sent to: CSX Transportation, Inc. C/o CSX Real Property, Inc. - J915 6737 Southpoint Drive South Jacksonville, FL 32216-6177 Attn: JOHN BLANTON (Transaction Specialist) E-mail: John_Blanton@csx.com Notices to Buyer shall be sent to: City of Clearwater Engineering Department Attn: Chuck Lane, Real Estate Services Coordinator P.O. Box 4748 Clearwater, Florida 33758-4748 E-mail: Charles.Lane@MyClearwater.com 18.4 Any party hereto may change its address or designate different or other persons or entities to receive copies by notifying the other party in a manner described in this Section. 19. RULES OF CONSTRUCTION: 19.1 In this Agreement, all singular words shall connote the plural number as well as the singular and vice versa, and the masculine shall include the feminine and the neuter. 19.2 All references herein to particular articles, sections, subsections or clauses are references to articles, sections, subsections or clauses of this Agreement. 19.3 The headings contained herein are solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 19.4 Each party hereto and its counsel have had the opportunity to review and revise (or request revisions of) this Agreement, and therefore any usual rules of construction requiring that ambiguities are to be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement or any exhibits hereto or amendments hereof. 19.5 This Agreement shall be governed and construed in accordance with the laws of the state in which the Premises is located, without regard to conflict of law rule. 20. TIME OF ESSENCE: Time shall be considered of the essence both to the Buyer and the Seller for all activities undertaken or required pursuant to this Agreement. 21. SALE TO ADJACENT LANDOWNER: 21.1 As the adjacent landowner, Buyer is familiar with the current and past use(s) of the Premises and the physical and environmental condition thereof. Having such familiarity and knowledge, and having the opportunity to perform environmental inspection and t esting of the Premises under Section 13 above, Buyer accepts the Premises in "as is" condition as of the date of Closing, unless Buyer elects to terminate the Offer or the Contract Attachment number 1 \nPage 10 of 12 Item # 5 under Section 13. To the limits as set forth by Florida State law (statutor y or constitutional), Buyer expressly assumes all obligation, liability and responsibility for physical and \or environmental condition of the Premises, prior to and including the date of conveyance, and agrees to defend, protect, indemnify and hold Seller harmless from any and all loss, damages, suits, penalties, costs, liability, and/or expenses (including, but not limited to reasonable investigative and/or legal expenses) arising out of any claim(s) asserted against Seller after the date of Closing for loss or damage to any property, including the Premises, injuries to or death of any person(s), contamination of or adverse effects upon the environment (air, ground or water), or any violation of statutes, ordinances, orders, rules, or regulations of any governmental entity or agency, caused by or resulting from presence or existence of any hazardous material, hazardous substance, or hazardous waste in, or under the Premises. Buyer acknowledges that the provisions of this Section are deemed to be additional consideration to Seller and the condition of the Premises has been considered as part of the Purchase Price. 21.2 Provisions of this Section shall survive Closing, termination of this Agreement and/or delivery of the deed, whether or not the deed so states, there being neither express nor implied merger hereof into said deed. IN WITNESS WHEREOF, the Buyer has caused this Agreement to be signed the ________ day of ____________________, 2014, in duplicate, each of which shall be considered an original. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Attachment number 1 \nPage 11 of 12 Item # 5 CITY OF CLEARWATER, FLORIDA Countersigned: _________________________________________ By:________________________________ George N. Cretekos, Mayor William B. Horne II, City Manager Approved as to form: Attest: ______________________________________ ______________________________ Laura Lipowski Mahony, Assistant City Attorney Rosemarie Call, City Clerk NOTICE OF SELLER'S ACCEPTANCE Buyer's Offer to purchase the Premises is accepted by Seller this ______ day of _______________, 20 14. WITNESS(ES): CSX TRANSPORTATION, INC. ___________________________ By: _______________________________________ Print Name: ________________________________ Print Title: _________________________________ ____________________________ Attachment number 1 \nPage 12 of 12 Item # 5 SITE: FL-103-1064936 PIN#: 12103 0033 PINELLAS COUNTY - CLEARWATER, FL STATE: FL REVISED: 3/24/2014 DRAWN BY: S4017CSX TRANSPORTATION, INC. CITY: CLEARWATER COUNTY: PINELLAS VAL SECT:V12FL MAP#:L1/8A 1 " = 200 ' THIS RAILROAD MAP EXHIBIT GRAPHICALLY REPRESENTS APROPOSED REAL ESTATE TRANSACTION. IT MAY NOT REFLECTCURRENT "ON THE GROUND" CONDITIONS AND/OR ACTUAL LOCATIONS OF FEATURES. ALL DIMENSIONS, OFFSET DISTANCES,AREA CALCULATIONS AND MEASUREMENT NOTATIONS SHOWNON THIS EXHIBIT ARE APPROXIMATE. AREA OF INTEREST - 0.38± ACRES Engineering Mileposts CSX Ownership/Rights GIS#: 03755 S:\PIN\FL12\FL103 PINELLAS CO\103-0033\FL-103-1064936\FL-103-1064936_EXA_10.MXD MILE POST ARE 882.7 - ARE 882.9JACKSONVILLE DIVISIONCLEARWATER SUBDIVISION010020030040050Feet EXHIBIT "A" 15' 1,101.24' 1,059.35' 6' 38.31' 6'15' Area of Interest + 75' From Centerline of Nearest Track DATE: 12/17/2013 Attachment number 2 \nPage 1 of 1 Item # 5 Exhibit B I. Soil Management Plan The purchase sale agreement shall require buyer to provide a written soil management plan defining procedures for monitoring the corridor to ensure potential exposure pathways are controlled to reduce risk of exposure to the public to acceptable levels. This plan shall include at a minimum: • A site plan clearly showing “capped” vs. “un -capped” areas of the corridor; • A detailed description of the cap thickness and method of construction (i.e. soil, concrete, asphalt, etc.); • A detailed description of methods and procedures to be utilized to prevent users from accessing uncapped areas of the corridor and potentially contacting site soils. This section should include a discussion of signage or other methods to be utilized to communicate to the public the past industrial use of the corridor and the potential for impacted soils to be present; • Defined procedures for the testing and management of soil that is excavated as part of a construction project on the property, such as culvert or underground utility installation; • A discussion of inspection and reporting procedures to document (at least annually) the condition of the cap and to reaffirm that un-capped areas of the site are not being accessed or utilized by the public The annual inspection report should identify any deficiencies in the cap and document any changes (including updated site plans) or repairs made to the cap during the inspection period, and any other corrective actions warranted to protect the public from exposure to site soils. II. Capping The entire site shall be graded and capped with pavement or other suitable material to prevent contact with the surface soil. This cap should have a minimum thickness of one foot. Attachment number 3 \nPage 1 of 1 Item # 5 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) for $348,861.50 to Alan Jay Fleet Sales of Sebring, FL for the purchase of eleven 2014 Ford F350 pickup trucks, in accordance with the Florida State Term Contract 071-000-14-1, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interests; and authorize the appropriate officials to execute same. (consent) SUMMARY: The eleven Ford F350 pickup trucks will be purchased through the Florida State Term Contract 071-000-14-1 quotes dated December 20, 2013. Five vehicles will replace G2166 (1999 Chevy 3500 pickup truck) with 82,063 miles, G2824 (2004 Chevy 1500 pickup truck) with 98,298 miles, G2167 (1999 Chevy 3500 pickup truck) with 81,587 miles, G2821 (2004 Chevy 3500 pickup truck) with 97,300 miles, and G2653 (2003 Chevy 3500 pickup truck) with 89,908 miles. These vehicles are assigned to the Parks and Recreation Department. Five vehicles will replace G2566 (2001 Chevy 3500 pickup truck) with 92,979 miles, G2589 (2002 Chevy 3500 pickup truck) with 87,943 miles, G2590 (2003 Chevy 3500 pickup truck) with 85,256 miles, G2869 (2004 Chevy 3500 pickup truck) with 87,108 miles, and G2429 (2001 Chevy 1500 pickup truck) with 91,033 miles. These vehicles are assigned to the Public Utilities Department. One vehicle will replace G3305 (2007 Ford F150 pickup truck) with 103,250 miles. This vehicle is assigned to the Clearwater Gas Department These vehicles were included in the Fiscal Year 2013/2014 Garage CIP Replacement Fund. Type:Purchase Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:$348,861.50 Total Cost: For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 0316-94241-564100-519- 0000 348,861.50L/P CIP Bid Required?:No Bid Number: Other Bid / Contract: Florida State Term Contract #071-000-14-1 Bid Exceptions: Other Government Bid Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 6 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) for $980,566.35 to Rush Truck Centers of Tampa, FL for the purchase of three Peterbilt Model 320 Front End Loaders in accordance with the Florida Sheriff's contract 13-11-0904 Spec 14, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) SUMMARY: The three Front End Loaders will be purchased through the Florida Sheriff's Contract 13-11-0904 and quote dated January 31, 2014. These vehicles will replace G2893 (2005 Peterbilt FEL) with 85,600 miles, G2894 (2005 Peterbilt FEL) with 85,159 miles and G2935 (2005 Peterbilt FEL) with 101,444 miles and are assigned to the Solid Waste Department. The replacement vehicles will have CNG engines. These vehicles were included in the Fiscal Year 2013/2014 Garage CIP Replacement Fund. Type:Purchase Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 0316-94241-564100-000- 0000 980,566.35L/P CIP Bid Required?:No Bid Number: Other Bid / Contract: Florida Sheriff's Association Contract #13- 11-0904 Bid Exceptions: Other Government Bid Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 7 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) for $189,642.00 to Nortrax SE, LLC of Wesley Chapel, FL for the purchase of one 2014 John Deere 644K Front End Loader, in accordance with the Florida Sheriff’s Contract 13-11-0904, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) SUMMARY: This tractor will be purchased through the Florida Sheriff's Contract 13-11-0904 and quote dated October 1, 2013. The John Deere 644K Front End Loader will replace G0381 (1992 John Deere 644E Wheel Loader) with 5,213 hours. This tractor is assigned to the Parks and Recreation Department. This vehicle was included in the Fiscal Year 2013/2014 Garage CIP Replacement Fund. Type:Purchase Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:$189,642.00 Total Cost: For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 0316-94241-564100-519- 0000 189,642.00L/P CIP Bid Required?:No Bid Number: Other Bid / Contract: Florida Sheriff's Association Contract #13- 11-0904 Bid Exceptions: Other Government Bid Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 8 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) for $218,000.00 to Powerscreen of Florida, Inc. of Lakeland, FL for the purchase of one Powerscreen Portable Materials Screening Plant-Engineering equipment, in accordance with Bid 07-14, 2.561(1)(a), Code of Ordinances - Notice Inviting Bids; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Screening Plant will be purchased through bid 07-14 and quote dated November 14, 2013. The Screening Plant will replace G2768 (CEC Track Mounted Screening Plant) with 2,945 hours and will be assigned to the Public Utilities Department. This equipment was included in the Fiscal Year 2013/2014 Garage CIP Replacement Fund. Type:Purchase Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:$218,000 Total Cost: For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 0316-94241-564100-519- 0000 218,000.00L/P CIP Bid Required?:Yes Bid Number:07-14 Other Bid / Contract:Bid Exceptions:None Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 9 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) for $527,408.00 to Container Systems and Equipment Company, Inc. of Daytona Beach, FL for two Crane Carrier Low Entry Crew Cab Chassis with Loadmaster Excel Rearloader Body in accordance with the Florida Sheriff’s Contract 13-11-0904 Spec No. 014, with 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City’s Master Lease Purchase Agreement, or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City’s best interest; and authorize the appropriate officials to execute same. (consent) SUMMARY: The two vehicles will be purchased through the Florida Sheriff's Contract 13-11-0904 quote date October 9, 2013. These vehicles will replace G2558 (2004 Crane Carrier Rear Loader) with 123,066 miles and G2892 (2002 Crane Carrier Rear Loader) with 112,012 miles. The new vehicles will be CNG and will be assigned to the Solid Waste Department. These vehicles were included in the Fiscal Year 2013/2014 Garage CIP Replacement Fund. Type:Purchase Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:$527,408.00 Total Cost: For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 0316-94241-564100-519- 000 527,408.00L/P CIP Bid Required?:No Bid Number: Other Bid / Contract: Florida Sheriff's Association #13-11-0904 Bid Exceptions: Other Government Bid Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 10 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Approve a contract (purchase order) to Communications International Inc., of Vero Beach, FL in the amount of $94,858.59 to construct a microwave link from Clearwater Police department to the main radio tower, in accordance with Sec. 2.564(1)(b), Code of Ordinances- Sole Source and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 29, 2013, a contractor doing work not associated with the City dug through a fiber optic cable that caused an outage at Clearwater Police dispatch. Dispatch continued to operate using emergency procedures normally reserved for power outages, until the line was repaired the next morning. Authorizing construction of this micro-wave link will give dispatch a much needed redundancy to continue operations uninterrupted in the event that this occurs again. Funding for the microwave link will be provided by a mid-year budget amendment transferring $94,858.59 from the Garage Fund retained earnings. This is a sole source provider. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:Yes Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:$94,858.59 Total Cost:$94,858.59 For Fiscal Year:2014 to Appropriation Code Amount Appropriation Comment 566-06620-564000-519-000 $94,858.59 Microwave link for PD dispatch Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 11 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Ratify and Confirm Change Order 2 to Wharton-Smith, Inc. of Sanford, Florida for the Marshall Street WRF Clarifier 1-4 Rehabilitation project (11-0053-UT) for a time extension of 34 days for a total extension of 93 days. (consent) SUMMARY: Clearwater City Council awarded a $1.79 million contract in August 2012 to Wharton-Smith for the Marshall Street WRF Clarifier 1-4 Rehabilitation project (11-0053-UT). The project notice to proceed was September 17, 2012 with a September 16, 2013 completion (365-day contract). The project was substantially complete on December 18, 2013. The delay was due to initial problems with implementing a successful dewatering plan by Wharton-Smith prior to draining the clarifiers and encountering uneven clarifier floor elevations that required modifications to the center columns of the equipment. The project contingency covered the modification costs as unforeseen field conditions. The city paid no additional project costs due to the late completion date. Administrative Change Order 1 added 59 days to the contract, deducted an Owner Direct Purchase (ODP) item and approximately $25,000 in tax savings to the city, and retuned $3,451 of unused contingency to the project. The project was completed under budget. 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 # 12 Change Order 2 & Final Date: March 21, 2014 PROJECT: PROJECT NUMBER: 11-0053-UT Marshall Street WRF Clarifier Rebahilitation Project PO REFERENCE NO: ST108623 CONTRACTOR: COUNCIL AWARD: July 19, 2012 Wharton-Smith, Inc. 750 Monroe Rd.DATE OF CONTRACT: August 7, 2012 Sanford, FL 32771 CODE: 0315-96654-563800-535-000-0000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,789,887.00 ($445,521.42) $0.00By: (SEAL) NEW CONTRACT AMOUNT $1,344,365.58 Ronald Davoli,President ATTEST:Date: Witnesses: George N. Cretekos, Mayor Rosemarie Call, City Clerk Date: Change Order 2 & Final - CC - 4/16/2014 This change order adds a time extension of 34 days for a total calendar day extension of 93 days. ACCEPTED BY: Wharton Smith, Inc Admin Change Order 1 - CM - 3/13/2014 Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Recommended By: City of Clearwater William B. Horne, II City Manager Tara L. Kivett, Engineering Construction Manager APPROVED AS TO FORM: Camilo Soto, Assistant City Attorney Michael D. Quillen, PE, City Engineer Attachment number 1 \nPage 1 of 2 Item # 12 Attachment number 1 \nPage 2 of 2 Item # 12 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Approve the conveyance of a Distribution Easement to be granted to Duke Energy for the installation of electrical facilities to provide service to a water production well at Kapok Park, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has requested that Duke Energy install facilities to provide electrical service to a new production well at Kapok Park. The easement corridor traverses through Eddie C. Moore Softball Complex providing for electrical service connection to the well from Drew Street. The well will provide raw water to Reverse Osmosis Water Treatment Plant 2 (City Project 10-0039-UT). 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 This document prepared by Kristy Parker Return to: Duke Energy - Support Services 3300 Exchange Place, NP4A Lake Mary, FL 32746 SEC: 08 TWP: 29S RGE: 16E COUNTY: PINELLAS PROJECT: CW-14-527444 GRANTOR: CITY OF CLEARWATER SITE ADDRESS: 2780 DREW ST. & 2950 GLEN OAK AVE. CLEARWATER, FL. 33759 TAX PARCEL NUMBER: 08/26/16/00000/440/0100; 410-0200 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, INC., d/b/a DUKE ENERGY, a Florida corporation (“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: Utility Easement more particularly described on Exhibit “A” attached hereto and by this reference made a part hereof. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement f or the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for worki ng space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s Attachment number 1 \nPage 1 of 3 Item # 13 facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto . Attachment number 1 \nPage 2 of 3 Item # 13 IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2014. GRANTOR: Countersigned: _________________________________ By: _______________________________ George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney State of Florida ) ) ss County of Pinellas ) BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are personally known to me. WITNESS my hand and official seal this _______ day of _____________________, 2014 ____________________________________ My commission expires: Notary Public Print/Type Name ______________________ Attachment number 1 \nPage 3 of 3 Item # 13 Line Table L1 L2 L3 L4 L5 L6 L7 L8 6ƒ ( 1ƒ ( 1ƒ : 1ƒ : 1ƒ ( 1ƒ ( 1ƒ ( 1ƒ : 60.3 233.3 152.0 72.6 76.8 266.5 483.3 92.2 44/01 Eddie C. Moore Park West Fields #5, 6, 7 Wellington Apartments 43/01 Attachment number 2 \nPage 1 of 2 Item # 13 44/01 44/01 41/02 Brigadoon of Clearwater Plat Book 91, Pages 35-37 43/01 Wellington Apartments Kapok Park Eddie C. Moore Park West Fields #5, 6, 7 Line Table L1 L2 L3 L4 L5 L6 L7 L8 6ƒ ( 1ƒ ( 1ƒ : 1ƒ : 1ƒ ( 1ƒ ( 1ƒ ( 1ƒ : 60.3 233.3 152.0 72.6 76.8 266.5 483.3 92.2 Attachment number 2 \nPage 2 of 2 Item # 13 KAPOK PARK EDDIE C. MOORESOFTBALL COMPLEX Easement US 19 SR 590 DREW ST McMULLEN-BOOTH RD BAYVIEW AVE FAIRWOOD AVE OWEN DR ST. CROIX DR ST. JOHN DR CATHERINE DR MOSS AVE EDENWOOD ST PARK TRAIL LN SERVICE RD A EVANS DR MISSION HILLS BLVD LUCAS DR GROVE DR EVIRGINIALN AUDREY DR NASSAU LN THOM AS DR MERRILL AVE BAHAMA LN TERRACE DR MISSIONDR CALAMONDIN LN HAMPTON RD CARDINAL DR LAWR E N C E D R HOYT AVE SUE DR B RIG A D OONDR BERMUDA BLVD WEST VIRGINIA LN MISSION C I R EL TRINDAD DR E SARAH DR KUMQUAT DR NAVEL DR ST. MARTIN LN GRAND VIEW AVE PINEAPPLE LN CAMBRIDGE CIR F E A T H E R D R GRANTW OOD AVE LORI DR W G R A P E F R UITCIR S F L I N T D R PARK P L A C E B L V D N FLINT DR JADEWOOD AVE L A K E V I S T A DR BEACHWOOD AVE KAPO K CIR HOLLYW OOD AVE AVOCADO DR MELO NWOO D AVE GLEN OAK AVE N KAPOK KOVE DR DOVEWOOD ST SHADDOCK DR W IN D W ARD IS LE S T. A N T H O N Y D R CANDLEWOOD ST KAPOKKOVECIR TRINIDAD TRL TERRACE VIEW LN CARIBEAN WAY COUNTRY LN E MARTINIQUE LN COUNTRY LN W APPL E WOOD DR GLEN OAK AVE E FAIRWOOD PL N U T W O O D S T KINGSWOOD DR CLEVELAND ST ABBEY CT HOMEWOOD ST SPRING LAKE DRCOACHMAN PLAZA DR FAIRWOOD FO REST DR FAIRWOODLN J A MAICA LN WGRANDRESERV E C I R E FLINT DR FE ATHERDR SARAH DR MIS S I O N D R E FLINT DR LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.282B 08-29s-16e3/28/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Distribution Easement to Duke EnergyKapok Park/Eddie C. Moore Softball Complex Document Path: V:\GIS\Engineering\Location Maps\Duke Distrib Easement_Kapok-Moore.mxd Attachment number 3 \nPage 1 of 1 Item # 13 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Accept a Fire Hydrant and Utilities Easement conveyed by Sunset Point Apartments, Inc. over property located at 1401 Sunset Point Road, Clearwater, FL, subject to approval of said easement by the United States of America, Secretary of Housing and Urban Development (HUD). (consent) SUMMARY: Recently completed improvements on property located at 1401 Sunset Point Road were approved by city staff on January 10, 2013, under Building Permit/Case No. BCP2011-05394. Pursuant to the building permit, a new fire hydrant and appurtenant utilities have been installed on private property. The proposed easement will give the City appropriate authority to use and maintain the facilities. The property is encumbered by interests in favor of HUD. HUD processes require that HUD approves and records the easement as Public Record following the City’s acceptance of same. 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 Attachment number 1 \nPage 1 of 7 Item # 14 Attachment number 1 \nPage 2 of 7 Item # 14 Attachment number 1 \nPage 3 of 7 Item # 14 Attachment number 1 \nPage 4 of 7 Item # 14 Attachment number 1 \nPage 5 of 7 Item # 14 Attachment number 1 \nPage 6 of 7 Item # 14 Attachment number 1 \nPage 7 of 7 Item # 14 ST SANDY GROVE CAROLYN FLORA STATE ST KING'S BARBARA CARLOS S T E V E N S O N S DR OVERBROOK AVE SPRINGTIME RD DR SHERIDANAVE CR-345 COLES ALOHA PINELA ND ST D R A V E OVERBROOK AVEAVE BROOK SYLVAN CAROLYN VISTA WAY LN LN WILSON MACOMBER CHENANGO BETTY SPRING THAMES SUNSET RD ST PARKWOODTON CK CLAIRE DR S T O ST FAIRMONT HEAVEN SANDY MARY TERRACE FAIRMONT CR-560 JADE L N RD L RD RD CR-365 CARLOS SENT LN OTTEN PARKWOOD WESTON JOEL BENTLEY BARBARA WOODLAWN IDLEWILD CIR SEDEEVA CIR S BROADWAY SEDEEVA Pla za IVA ST GRANADA Dolores OA KDAL E Starboard Port PALM BERMUDA RD Cir S Cir N B Y R A MAVE LN BERTLAND ARBELIA ST POINSETTA PINECRE ST N CR-355 TERR ST ST AVE HIGHWAYDR Lanta na MALL THE Eve rg ree n ALPINE RIDGELANE RD Ridgelane Ridgelane Highland CR-576RD Cir POINT HIGHLAND ERIN LN AVE DR CIRCLE LN ST ROSEMONT SANDY LINWOOD DR LN GREENLEA FLORA RD KRUSE D R HUNTINGTON CUMBERLANDPLATEAU DR RD BYRAM CIR AVENUE AVENUE Stra thmill Bowmore Talisker F u ll e r D r Fuller Dr UNION STCR-600CR-600 C R - 34 5 AVE DOUGLAS CR-576 BETTY LN UNION ST CR-600UNION ST LAS D O U G EASEMENT LOCATION ^ LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.261A 02-29s-15e03/21/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: FIRE HYDRANT & UTILITIES EASEMENT1401 SUNSET POINT RD Document Path: V:\GIS\Engineering\Location Maps\FH & Util Easement_1401 Sunset Point.mxd Attachment number 2 \nPage 1 of 1 Item # 14 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Accept a Sidewalk Easement conveyed by 520HC, LLC over property located at 520 Howard Court, Clearwater. (consent) SUMMARY: Plans to construct improvements on property located at 520 Howard Court were approved by the Development Review Committee on April 30, 2013, under Case No. FLS2013-02008. Improvements now completed include a sidewalk partially located on private property. The proposed easement is being donated to the City and will make the sidewalk available for public use. The City will take on responsibility for maintenance of the sidewalk which ties into an existing public sidewalk on Howard Court. 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 Attachment number 1 \nPage 1 of 6 Item # 15 Attachment number 1 \nPage 2 of 6 Item # 15 Attachment number 1 \nPage 3 of 6 Item # 15 Attachment number 1 \nPage 4 of 6 Item # 15 Attachment number 1 \nPage 5 of 6 Item # 15 Attachment number 1 \nPage 6 of 6 Item # 15 BELLEAIR HOWARD BELLEVIEW MYRTLE E LAKEVIEW BLVD WOODLAWN McLENNAN WAY Howard STB C ST D S T A CARMEL SADLON C L E A R W A T E R -L A R G O AVE BRYANTCt HAMLET ST ST ST AVE HAMLE T A V E W 1 S T P o m elo HAMLET R D ST B elle D e m ps e y S h ore AVE SCRANTON BELLEVUE AVE YOUNG AVE AVE AVE AVE AVE PROSPECT TI L L E Y MADISON WASHINGTON TIOGA AVE ST RD MICHIGAN SR-651 JEFFERSON EWING MICHIGAN MADISON WASHINGTON TIOGA Wildwood ALMA QUEEN MA D IS O N Vernon AVE Williamson Ln Harris KINGSLEY QUEEN Harvey PEARL AVE AVE ST ST AVE AVE AVE SOUTH S MARTIN LUTHER KING JR AVE ST EASY YOUNG AVE WOODLAWN C T ANN HOWARD S T. CIR PRESCOTT LN BETTY L N Campbell BLVD AVE ST FREDRICA BETTY BOYLAN BETTY AVE FRIEND AVE LN CR-488 Tioga Ave Woodlawn O aks US-19 ALT. SR-595 EVERGREEN AVE RDLAKEVIEW FORT HARRISON AVE CR-464 RDBELLEAIR EASEMENT LOCATION ^ LOCATION MAP JB TM 313B 21-29s-15e 03/19/2014Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com SIDEWALK EASEMENT:520 HOWARD COURT ² N.T.S.Scale: Document Path: V:\GIS\Engineering\Location Maps\Sidewalk_Easement_520HowardCt.mxd Attachment number 2 \nPage 1 of 1 Item # 15 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Approve a two year extension to BPO BR508064 with Xylem, Inc. of Apopka, Florida for Flygt pumps, replacement parts and factory authorized service for the contract period of May 01, 2014 to April 30, 2016, and authorize the appropriate the appropriate officials to execute same. (consent) SUMMARY: Flygt pumps are standardized in the City wastewater facilities for lift stations, submerged internal recycle and backwash pumping applications due to reliability of the pumps and to facilitate operational and maintenance efficiency. Standardization of pumping equipment reduces redesign/retrofit of the piping systems and overall down time, which is critical to maintaining regulatory compliance. Standardization also reduces the required stocking of parts and replacement pumps, and the cost of maintenance operations. Xylem, Inc. of Apopka, Florida is the sole source vendor for Flygt pumps, replacement parts and factory authorized service in Florida, east of the Apalachicola River. Public Utilities staff has negotiated with Xylem, Inc. to honor the Hillsborough County Public Utilities Departments BPO discount from the most recent manufacturer’s published price list on pumps, parts and labor. Sole source purchase of these pumps, parts and services meets all requirements of Section 2.564 (1)(b) Code of Ordinances. The City’s current contract is for $375,000.00, which was approved by Council on May 3, 2012, for the period May 3, 2012 to April 30, 2014. The current balance of BR508064 is $207,453.70. No additional funding is requested due to the existing contract balance, only additional time. The BPO expires on April 30, 2014 and requires renewal at this time to assure adequate ability to address emergency repairs. Sufficient budget is available in the Water and Sewer Utility Fund, Water Reclamation Facility operating cost center 0421- 01351-550400-535-000-0000 to fund $12,371.50 of the Fiscal Year 13/14 cost and is planned in the budget request to be brought forward for Fiscal Year14/15 in the amount of $29,513.72, and in Fiscal Year 15/16 the amount of $17,142.21, and in the Maintenance operating cost center 0421-01347-550400-535-000-0000 to fund $31,108.52 of the Fiscal Year 13/14 cost and is planned in the budget request to be brought forward for Fiscal Year 14/15 in the amount of $74,213.13 and in Fiscal Year 15/16 the amount of $43,104.62. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$43,480.02 Annual Operating Cost: Not to Exceed:Total Cost:$207,453.70 For Fiscal Year:2014 to 2016 Appropriation Code Amount Appropriation Comment 0421-01351-550400-535- 000-0000 $12,371.50FY13/14 0421-01347-550400-535- 000-0000 $31,108.52FY13/14 0421-01351-550400-535-$46,655.93FY14/15 &amp;amp;amp;amp;amp; FY15/16 Cover Memo Item # 16 000-0000 0421-01347-550400-535- 000-0000 $117,317.75FY14/15 &amp;amp;amp;amp;amp; FY15/16 Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:Sole Source Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Purchasing 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 16 XylemWaterSolutionsUSAInc. 2152SprintBlvd.ApopkaFlorida32703 Phone:407-880-2900 Fax:407-880-2962 FloReichertFebruary28,2014 Storeskeeper CityofClearwater,PublicUtilities 1605HarborDr. Clearwater,Fl.33755 DearFlo, PleasebeadvisedthatXylemWaterSolutionsUSAInc.istheonlyauthorizedvendorfor*FlygtProductsand istheonlyauthorizedservicerepairandwarrantyorganizationintheStateofFlorida;(EastoftheApalachicola River).Theirstaffisproperlytrainedtoprovideyouthebestserviceavailable. Thisletter,aswell,authorizesCityofClearwatertocontinueto“piggyback”onHillsboroughCounty’scontract fortheextendeddatesof05/01/14to04/30/16. ThankyouforyourinterestinFlygtProducts.Donothesitatetocallmeifyouhaveanyquestionsregarding distributionoranyothermatter. ThomasJOsborne InsideSalesSpecialist XylemWaterSolutionsUSAInc. FlygtProducts *FlygtProductsincludesubmersiblepumps,mixers,valves,Syracusesafehatchaccesscovers,wellwasherand controls(toinclude,butnotlimitedto,APPseries,MultiSmart,MTxPC,MyConnect,&SmartRun). Attachment number 1 \nPage 1 of 1 Item # 16 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Approve a one-year extension and an increase of $73,690.00 and to existing contract (BPO BR508863) with Water Specialists Technologies LLC, of Sanford, FL for a three-year (Fiscal Year 2013 – Fiscal Year 2015) total contract amount of $206,788.80, of which $183,686.25 is the balance needed for the remainder of Fiscal Year 2014 and for Fiscal Year 2015 for the purchase of copper precipitant TR-50, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater owns and operates three Water Reclamation Facilities (WRF) and must comply with regulatory requirements as set forth in the operating permits issued through the Florida Department of Environmental Protection (FDEP). TR-50 is a copper precipitant used to maintain permit compliance for copper removal limitations in effluent discharged into receiving surface waters. The FDEP permitted effluent limit is 3.7 parts per billion. This is a proprietary, sole source product. It was selected for use in 2006, after an extensive engineering study was undertaken to select the product best capable of allowing the City’s facilities to meet FDEP permit requirements, while not causing any toxicity, creating any chemical interaction side effects, and being the most cost-effective. Water Specialists Technologies (WST) is the manufacturer and sole source of TR-50. They hold patent number 4,943,377 for Thio-Red, a method for removing dissolved heavy metals from waste oils, industrial wastewaters, or any polar solvent. Thio-Red is the primary ingredient in TR-50, and Water Specialists Technologies is the sole manufacturer of this product. WST does not currently have any other TR-50 distributors within the state of Florida. Clearwater is regarded by WST as a preferred customer. WST has held Clearwater’s discounted price for this chemistry at or below their distributors’ pricing for many years. The attached pricing letter reflects our arrangement for the return of used totes (a discount that is not extended to any of their other customers). This product has met all expectations and has performed very well. It has not exhibited any toxicity and has not created any chemical interaction related ill effects. The plants have met the FDEP/USEPA copper limitation ever since we began using TR-50. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC Operations, to fund $76,997.25 of the current year cost of this contract increase and is planned in the budget request to be brought forward for Fiscal Year 2014/2015 in the amount of $106,689.00. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$76,997.25 Annual Operating Cost: Not to Exceed:Total Cost:$183,686.25 For Fiscal Year:2014 to 2015 Appropriation Code Amount Appropriation Comment 0421-01351-551000-535- 000-0000 $76,997.25FY13/14 0421-01351-551000-535- 000-0000 $106,689.00FY14/15 Cover Memo Item # 17 Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:Sole Source Review Approval: 1) Office of Management and Budget 2) Legal 3) Purchasing 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Cover Memo Item # 17 1515 Kastner Place Sanford, FL 32771 USA Phone: 321-7910 Fax: 407-321-3098 DATE: February 18, 2014 TO: Flo Reichert SUBJ: TR-50 Precipitant Water Specialists Technologies LLC is pleased to extend the current discounted pricing of $0.55/lb. FOB our facility in Sanford, FL for totes of our TR-50 Precipitant to Clearwater for the period from May 1, 2014 to April 30, 2015. This discounted price is contingent upon Clearwater’s return of empty used totes in good condition (no punctures or markings) and the original caps in place. Please let me know if you have any questions or if more information is required. Pam McKenzie Business Manager Attachment number 1 \nPage 1 of 1 Item # 17 Da t e D a y s Av e r a g e Po u n d s Pe r D a y Ex t e n d e d C o s t s Co n t r a c t St a r t 05 / 0 1 / 1 3 En d 04 / 3 0 / 1 4 Pr o p o s e d E x t e n s i o n E n d D a t e 04 / 3 0 / 1 5 Us a g e s : NE P l a n t 75 MS P l a n t 18 8 Ea s t P l a n t 46 9 To t a l 73 2 In c r e a s e C o s t s : Ca l c u l a t i o n D a t e 05 / 0 1 / 1 4 Re m a i n i n g C o n t r a c t D a y s 36 5 Co s t P e r P o u n d 0.55 $ Co s t P e r D a y 402.60 $ Co s t t o C o m p l e t e C o n t r a c t 146,949.00 $ Ad d P e a k F l o w C o n t i n g e n c y 25 % 36,737.25 $ Gr a n d T o t a l N e e d e d t o C o m p l e t e C o n t r a c t 183,686.25 $ TR - 5 0 U s a g e s , C o s t s a n d F Y W o r k s h e e t fo r 2 0 1 4 C o n t r a c t E x t e n s i o n Gr a n d T o t a l N e e d e d t o C o m p l e t e C o n t r a c t 183,686.25 $ Le s s R e m a i n i n g C o n t r a c t A m o u n t 110,000.00 $ In c r e a s e S u b t o t a l 73,686.25 $ Ro u n d e d I n c r e a s e A m o u n t 73,690.00 $ Cu r r e n t B P O A m o u n t B R 5 0 8 8 6 3 133,098.80 $ Re q u e s t I n c r e a s e A m o u n t 73,690.00 $ Ne w C o n t r a c t A m o u n t 20 6 , 7 8 8 . 8 0 $ Fi s c a l Y e a r C o s t s : 42 1 - 0 1 3 5 1 - 5 5 1 0 0 0 - 5 3 5 - 0 0 0 - 0 0 0 0 st a r t e n d d a y s 20 1 3 / 2 0 1 4 05 / 0 1 / 1 4 0 9 / 3 0 / 1 4 1 5 3 7 6 , 9 9 7 . 2 5 $ 20 1 4 / 2 0 1 5 10 / 0 1 / 1 4 0 4 / 3 0 / 1 5 2 1 2 106,689.00 $ To t a l 36 5 183,686.25 $ Attachment number 2 \nPage 1 of 1 Item # 17 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Continue to May 15, 2014: Approve the Annexation of a portion of the road right-of-way located on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of North Belcher Road, Montclair Road, and Old Coachman Road, consisting of a portion of Section 06, Township 29 South, Range 16 East; and pass Ordinances 8558-14, 8559-14, and 8560-14 on first reading. (ANX2014-02005) SUMMARY: Review Approval:1) Office of Management and Budget 2) Assistant City Manager 3) City Manager 4) Clerk Cover Memo Item # 18 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban(RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2205 McMullen Booth Road (Metes and Bounds Tract 32/18 in Section 33, Township 28 South, Range 16 East); and pass Ordinances 8547-14, 8548-14 and 8549-14 on first reading. (ANX2014-01003) SUMMARY: This voluntary annexation petition involves a 0.469-acre property consisting of one parcel of land occupied by a single-family dwelling. Upon annexation, the applicant will be joining this parcel by unity of title with a 0.513-acre parcel to the west (within the City) on which a barn for boarding horses is located. The property is located on the west side of McMullen Booth Road, approximately 1400 feet north of Union Street. The applicant is requesting this annexation in order to allow the two parcels to be joined, and to receive solid waste service from the City. The property is contiguous to existing city boundaries to the north and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Suburban (RS) and a zoning category of Low Density Residential (LDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Sewer service is not readily available to the applicant’s property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RS Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 2.5 units per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The single-family dwelling use of the subject property is consistent with the uses Cover Memo Item # 19 allowed in the District; however, the property is currently allowed the general agricultural activities use, including the boarding of a maximum of three horses per acre (minimum of one-half acre required), under the County’s code. This property is less than one-half acre in size, and therefore the County’s code does not allow for any horses on site. The annexation ordinance associated with the 0.513-acre parcel to the west permitted the property owners to retain their rights to “general agricultural activities” as allowed in the County (Ordinance No. 8124-10/ATA2009-04002). Once this parcel is joined with the adjacent parcel to the west, the total parcel size of 0.98-acres would allow a maximum of two horses. The property exceeds the LDR District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north and west; 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 # 19 Ordinance No. 8547-14 ORDINANCE NO. 8547-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 1400 FEET NORTH OF UNION STREET, CONSISTING OF METES & BOUNDS TRACT 32/08 IN SECTION 33, TOWNSHIP 28 S, RANGE 16 E, WHOSE POST OFFICE ADDRESS IS 2205 MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The East 223.00 feet of the South ½ of the South ¼ of the Northwest ¼ of the Southwest ¼ of Section 33, Township 28 South, Range 16 East, less the East 100.00 feet thereof, Pinellas County, Florida. (ANX2014-01003) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. Notwithstanding any current or future provision of the City of Clearwater Community Development Code, the property owners shall have the right to engage in the permitted use of “general agricultural activities” which is currently allowed pursuant to Pinellas County Code Section 138-432(1) within the Pinellas County R-R, Residential Rural, Zoning District. Attachment number 1 \nPage 1 of 9 Item # 19 2 Ordinance No. 8547-14 Section 4. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk Attachment number 1 \nPage 2 of 9 Item # 19 Exhibit A CITY OF SAFETY HARBOR 0 3 0 4 5 2163 2155 29 9 7 29 9 4 30 6 5 2191 30 5 9 2245 2270 29 8 9 2 9 9 2 2 1 1 4 2145 30 2 0 30 9 3 30 8 1 30 2 1 30 5 6 3 0 0 2 29 9 3 2163 2167 2159 2155 30 6 2 30 3 5 30 2 3 30 6 7 30 7 9 30 8 6 30 4 2 30 1 1 2237 2250 2251 2263 22682267 2276 2175 30 5 3 30 6 0 30 2 4 30 6 0 30 3 2 2245 2258 30 9 2 30 5 4 2171 2999 29 8 6 2144 2133 30 3 0 2 1 2 1 2 1 0 9 30 4 0 30 6 9 30 1 3 30 4 0 30 8 0 2199 30 0 8 30 1 6 3 0 5 7 30 3 7 30 2 9 3001 30 4 1 30 2 9 30 4 7 30 7 3 30 9 1 30 8 0 30 1 7 2243 2244 2257 22622261 30 3 6 30 4 8 2238 2239 2273 30 8 5 30 6 8 30 7 4 2225 2256 2231 2269 2249 2255 2295 2265 30 3 0 A UNIO N ST McMULLEN-B OOTH RD LEANNE CT HIWAFFEE ST ST EVEN ST LAUREN LN CIELO CIR E PATRICK PL 66 95 25 29 8 1 29 8 5 29 8 0 2205 2270 30 1 30 2 4 30 3 mp -N o t t o S c a l e - -N o t a S u r v e y - Proposed Annexation Owner(s): Ann D. Adams and Russell C. Witt Case: ANX2014-01003 Site: 2205 McMullen Booth Road Property Size(Acres): 0.469 Land Use Zoning PIN: 33-28-16-00000-320-0800 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 245A Attachment number 1 \nPage 3 of 9 Item # 19 Ordinance No. 8548-14 ORDINANCE NO. 8548-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 1400 FEET NORTH OF UNION STREET, CONSISTING OF METES & BOUNDS TRACT 32/08 IN SECTION 33, TOWNSHIP 28 S, RANGE 16 E, WHOSE POST OFFICE ADDRESS IS 2205 MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The East 223.00 feet of the South ½ of the South ¼ of the Northwest ¼ of the Southwest ¼ of Section 33, Township 28 South, Range 16 East, less the East 100.00 feet thereof, Pinellas County, Florida. Residential Suburban (RS) (ANX2014-01003) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. Notwithstanding any current or future provision of the City of Clearwater Community Development Code, the property owners shall have the right to engage in the permitted use of “general agricultural activities” which is currently allowed pursuant to Pinellas County Code Section 138-432(1) within the Pinellas County R-R, Residential Rural, Zoning District. Attachment number 1 \nPage 4 of 9 Item # 19 2 Ordinance No. 8548-14 Section 4. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8547-14. PASSED ON FIRST READING 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 1 \nPage 5 of 9 Item # 19 Exhibit A CITY OF SAFETY HARBOR RS I RS R/OS RSRS0 30 6 5 2191 30 5 9 2245 2270 29 8 9 2 9 9 2 2 1 1 4 2145 30 2 0 30 9 3 30 8 1 30 2 1 30 5 6 3 0 0 2 29 9 3 2163 2167 2159 2155 30 6 2 30 3 5 30 2 3 30 6 7 30 7 9 30 8 6 30 4 2 30 1 1 2237 2250 2251 2263 22682267 2175 30 5 3 30 6 0 30 2 4 30 6 0 30 3 2 2245 2258 30 9 2 30 5 4 2171 29 9 7 2999 29 9 4 29 8 6 2144 2133 30 3 0 2 1 2 1 2 1 0 9 30 4 0 30 6 9 30 1 3 30 4 0 30 8 0 2199 30 0 8 30 1 6 3 0 5 7 3 0 4 530 3 7 30 2 9 3001 30 4 1 30 2 9 2270 30 4 7 30 7 3 30 9 1 30 8 0 30 1 7 2243 2244 2257 22622261 30 3 6 30 4 8 2238 2239 2273 30 8 5 30 6 8 30 7 4 2225 2256 2231 2269 2249 2255 2265 30 3 0 A UNIO N ST McMULLEN-B OOTH RD LEANNE CT HIWAFFEE ST STEVEN ST LAUREN LN RENAISSA NCE DR CIELO CIR E PATRICK PL 66 299 5 2276 302 5 29 8 1 29 8 5 29 8 0 2205 2155 2163 30 30 3 2295 ump -N o t t o S c a l e - -N o t a S u r v e y - Future Land Use Map Owner(s): Ann D. Adams and Russell C. Witt Case: ANX2014-01003 Site: 2205 McMullen Booth Road Property Size(Acres): 0.469 Land Use Zoning PIN: 33-28-16-00000-320-0800 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 245A RS Attachment number 1 \nPage 6 of 9 Item # 19 Ordinance 8549-14 ORDINANCE NO. 8549-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 1400 FEET NORTH OF UNION STREET, CONSISTING OF METES & BOUNDS TRACT 32/08 IN SECTION 33, TOWNSHIP 28 S, RANGE 16 E, WHOSE POST OFFICE ADDRESS IS 2205 MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. Notwithstanding any current or future provision of the City of Clearwater Community Development Code, the property owners shall have the right to engage in the permitted use of “general agricultural activities” which is currently allowed pursuant to Pinellas County Code Section 138-432(1) within the Pinellas County R-R, Residential Rural, Zoning District. Section 4. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No.8547-14. Property Zoning District The East 223.00 feet of the South ½ of the South ¼ of the Northwest ¼ of the Southwest ¼ of Section 33, Township 28 South, Range 16 East, less the East 100.00 feet thereof, Pinellas County, Florida. Low Density Residential (LDR) (ANX2014-01003) Attachment number 1 \nPage 7 of 9 Item # 19 2 Ordinance No. 8549-14 PASSED ON FIRST READING 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 1 \nPage 8 of 9 Item # 19 Exhibit A CITY OF SAFETY HARBOR 0 30 6 5 2191 30 5 9 2245 2270 29 8 9 2 9 9 2 2 1 1 4 2145 30 2 0 30 9 3 30 8 1 30 2 1 30 5 6 3 0 0 2 29 9 3 2163 2167 2159 2155 30 6 2 30 3 5 30 2 3 30 6 7 30 7 9 30 8 6 30 4 2 30 1 1 2237 2250 2251 2263 22682267 2276 2175 30 5 3 30 6 0 30 2 4 30 6 0 30 3 2 2245 2258 30 9 2 30 5 4 2171 29 9 7 2999 29 9 4 2144 2133 30 3 0 2 1 2 1 2 1 0 9 30 4 0 30 6 9 30 1 3 30 4 0 30 8 0 2199 30 0 8 30 1 6 3 0 5 7 3 0 4 530 3 7 30 2 9 3001 30 4 1 30 2 9 30 4 7 2155 2163 30 7 3 30 9 1 30 8 0 30 1 7 2243 2244 2257 22622261 30 3 6 30 4 8 2238 2239 2273 30 8 5 30 6 8 30 7 4 2225 2256 2231 2269 2249 2255 2295 2265 30 3 0 A UNIO N ST McMULLEN-B OOTH RD LEANNE CT HIWAFFEE ST ST EVEN ST LAUREN LN CIELO CIR E PATRICK PL LDR LDR OS/R 6 5 25 29 8 6 2205 2270 30 1 8 30 2 4 30 3 0 p I LMDR MDR -N o t t o S c a l e - -N o t a S u r v e y - Zoning Map Owner(s): Ann D. Adams and Russell C. Witt Case: ANX2014-01003 Site: 2205 McMullen Booth Road Property Size(Acres): 0.469 Land Use Zoning PIN: 33-28-16-00000-320-0800 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 245A LDR Attachment number 1 \nPage 9 of 9 Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\McMullen Booth Rd 2205 ANX2014-01003 - Witt and Adams\Maps\LocANX2014-01003.doc [ PROJECT SITE CITY O F SAFETY HA RBOR -N o t t o S c a l e - -N o t a S u r v e y - Location Map Owner(s): Ann D. Adams and Russell C. Witt Case: ANX2014-01003 Site: 2205 McMullen Booth Road Property Size(Acres): 0.469 Land Use Zoning PIN: 33-28-16-00000-320-0800 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 245A Attachment number 2 \nPage 1 of 7 Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\McMullen Booth Rd 2205 ANX2014-01003 - Witt and Adams\Maps\AerANX2014-01003.doc CITY O F SAFETY HA RBOR UNION ST UNION ST McMULLEN-B OOTH RD McMULLEN-B OOTH RD CREST DR CREST DR LEANNE CT LEANNE CT HIWAFFEE ST HIWAFFEE ST STEVEN ST STEVEN ST LAUREN LN LAUREN LN CIELO CIR E CIELO CIR E PATRICK PL PATRICK PL -N o t t o S c a l e - -N o t a S u r v e y - Aerial Photograph Owner(s): Ann D. Adams and Russell C. Witt Case: ANX2014-01003 Site: 2205 McMullen Booth Road Property Size(Acres): 0.469 Land Use Zoning PIN: 33-28-16-00000-320-0800 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 245A Attachment number 2 \nPage 2 of 7 Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\McMullen Booth Rd 2205 ANX2014-01003 - Witt and Adams\Maps\ProANX2014-01003.doc CITY O F SAFETY HA RBOR 0 3 0 4 5 2163 2155 29 9 7 29 9 4 30 6 5 2191 30 5 9 2245 2270 29 8 9 2 9 9 2 2 1 1 4 2145 30 2 0 30 9 3 30 8 1 30 2 1 30 5 6 3 0 0 2 29 9 3 2163 2167 2159 2155 30 6 2 30 3 5 30 2 3 30 6 7 30 7 9 30 8 6 30 4 2 30 1 1 2237 2250 2251 2263 22682267 2276 2175 30 5 3 30 6 0 30 2 4 30 6 0 30 3 2 2245 2258 30 9 2 30 5 4 2171 2999 29 8 6 2144 2133 30 3 0 2 1 2 1 2 1 0 9 30 4 0 30 6 9 30 1 3 30 4 0 30 8 0 2199 30 0 8 30 1 6 3 0 5 7 30 3 7 30 2 9 3001 30 4 1 30 2 9 30 4 7 30 7 3 30 9 1 30 8 0 30 1 7 2243 2244 2257 22622261 30 3 6 30 4 8 2238 2239 2273 30 8 5 30 6 8 30 7 4 2225 2256 2231 2269 2249 2255 2295 2265 30 3 0 A UNIO N ST McMULLEN-B OOTH RD LEANNE CT HIWAFFEE ST ST EVEN ST LAUREN LN CIELO CIR E PATRICK PL 66 95 25 29 8 1 29 8 5 29 8 0 2205 2270 30 1 30 2 4 30 3 mp -N o t t o S c a l e - -N o t a S u r v e y - Proposed Annexation Owner(s): Ann D. Adams and Russell C. Witt Case: ANX2014-01003 Site: 2205 McMullen Booth Road Property Size(Acres): 0.469 Land Use Zoning PIN: 33-28-16-00000-320-0800 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 245A Attachment number 2 \nPage 3 of 7 Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\McMullen Booth Rd 2205 ANX2014-01003 - Witt and Adams\Maps\FluANX2014-01003.doc CITY O F SAFETY HA RBOR RS I RS R/OS RSRS0 30 6 5 2191 30 5 9 2245 2270 29 8 9 2 9 9 2 2 1 1 4 2145 30 2 0 30 9 3 30 8 1 30 2 1 30 5 6 3 0 0 2 29 9 3 2163 2167 2159 2155 30 6 2 30 3 5 30 2 3 30 6 7 30 7 9 30 8 6 30 4 2 30 1 1 2237 2250 2251 2263 22682267 2175 30 5 3 30 6 0 30 2 4 30 6 0 30 3 2 2245 2258 30 9 2 30 5 4 2171 29 9 7 2999 29 9 4 29 8 6 2144 2133 30 3 0 2 1 2 1 2 1 0 9 30 4 0 30 6 9 30 1 3 30 4 0 30 8 0 2199 30 0 8 30 1 6 3 0 5 7 3 0 4 530 3 7 30 2 9 3001 30 4 1 30 2 9 2270 30 4 7 30 7 3 30 9 1 30 8 0 30 1 7 2243 2244 2257 22622261 30 3 6 30 4 8 2238 2239 2273 30 8 5 30 6 8 30 7 4 2225 2256 2231 2269 2249 2255 2265 30 3 0 A UNION ST McMULLEN-B OOTH RD LEANNE CT HIWAFFEE ST STEVEN ST LAUREN LN RENAISSA NCE DR CIELO CIR E PATRICK PL 66 299 5 2276 302 5 29 8 1 29 8 5 29 8 0 2205 2155 2163 30 30 3 2295 ump -N o t t o S c a l e - -N o t a S u r v e y - Future Land Use Map Owner(s): Ann D. Adams and Russell C. Witt Case: ANX2014-01003 Site: 2205 McMullen Booth Road Property Size(Acres): 0.469 Land Use Zoning PIN: 33-28-16-00000-320-0800 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 245A RS Attachment number 2 \nPage 4 of 7 Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\McMullen Booth Rd 2205 ANX2014-01003 - Witt and Adams\Maps\ZonANX2014-01003.doc CITY O F SAFETY HA RBOR 0 30 6 5 2191 30 5 9 2245 2270 29 8 9 2 9 9 2 2 1 1 4 2145 30 2 0 30 9 3 30 8 1 30 2 1 30 5 6 3 0 0 2 29 9 3 2163 2167 2159 2155 30 6 2 30 3 5 30 2 3 30 6 7 30 7 9 30 8 6 30 4 2 30 1 1 2237 2250 2251 2263 22682267 2276 2175 30 5 3 30 6 0 30 2 4 30 6 0 30 3 2 2245 2258 30 9 2 30 5 4 2171 29 9 7 2999 29 9 4 2144 2133 30 3 0 2 1 2 1 2 1 0 9 30 4 0 30 6 9 30 1 3 30 4 0 30 8 0 2199 30 0 8 30 1 6 3 0 5 7 3 0 4 530 3 7 30 2 9 3001 30 4 1 30 2 9 30 4 7 2155 2163 30 7 3 30 9 1 30 8 0 30 1 7 2243 2244 2257 22622261 30 3 6 30 4 8 2238 2239 2273 30 8 5 30 6 8 30 7 4 2225 2256 2231 2269 2249 2255 2295 2265 30 3 0 A UNIO N ST McMULLEN-B OOTH RD LEANNE CT HIWAFFEE ST ST EVEN ST LAUREN LN CIELO CIR E PATRICK PL LDR LDR OS/R 6 5 25 29 8 6 2205 2270 30 1 8 30 2 4 30 3 0 p I LMDR MDR -N o t t o S c a l e - -N o t a S u r v e y - Zoning Map Owner(s): Ann D. Adams and Russell C. Witt Case: ANX2014-01003 Site: 2205 McMullen Booth Road Property Size(Acres): 0.469 Land Use Zoning PIN: 33-28-16-00000-320-0800 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 245A LDR Attachment number 2 \nPage 5 of 7 Item # 19 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\McMullen Booth Rd 2205 ANX2014-01003 - Witt and Adams\Maps\ExistANX2014-01003.doc CITY O F SAFETY HA RBOR 0 3 0 4 5 2163 2155 29 9 7 29 9 4 30 6 5 2191 30 5 9 2245 2270 29 8 9 2 9 9 2 2 1 1 4 2145 30 2 0 30 9 3 30 8 1 30 2 1 30 5 6 3 0 0 2 29 9 3 2163 2167 2159 2155 30 6 2 30 3 5 30 2 3 30 6 7 30 7 9 30 8 6 30 4 2 30 1 1 2237 2250 2251 2263 22682267 2276 2175 30 5 3 30 6 0 30 2 4 30 6 0 30 3 2 2245 2258 30 9 2 30 5 4 2171 2999 29 8 6 2144 2133 30 3 0 2 1 2 1 2 1 0 9 30 4 0 30 6 9 30 1 3 30 4 0 30 8 0 2199 30 0 8 30 1 6 3 0 5 7 30 3 7 30 2 9 3001 30 4 1 30 2 9 30 4 7 30 7 3 30 9 1 30 8 0 30 1 7 2243 2244 2257 22622261 30 3 6 30 4 8 2238 2239 2273 30 8 5 30 6 8 30 7 4 2225 2256 2231 2269 2249 2255 2295 2265 30 3 0 A UNIO N ST McMULLEN-B OOTH RD LEANNE CT HIWAFFEE ST ST EVEN ST LAUREN LN CIELO CIR E PATRICK PL 66 95 25 29 8 1 29 8 5 29 8 0 2205 2270 30 1 30 2 4 30 3 mp -N o t t o S c a l e - -N o t a S u r v e y - Existing Surrounding Uses Map Owner(s): Ann D. Adams and Russell C. Witt Case: ANX2014-01003 Site: 2205 McMullen Booth Road Property Size(Acres): 0.469 Land Use Zoning PIN: 33-28-16-00000-320-0800 From : To: RS (County) R-R (County) RS (City) LDR (City) Atlas Page: 245A Single Family Homes Single Family Homes Single Family Homes (new subdivision) Single Family Homes Commercial Single Family Homes Attached Dwellings (Condos/Townhouses) Church Attachment number 2 \nPage 6 of 7 Item # 19 View looking west at the subject property, 2205 McMullen Booth Road North of the subject property South of the subject propertyAcross the street, to the east of the subject property ANX2014-01003 Ann D. Adams and Russell C. Witt 2205 McMullen Booth Road View looking northerly along McMullen Booth RoadView looking southerly along McMullen Booth Road Attachment number 2 \nPage 7 of 7 Item # 19 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 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 3119 Johns Parkway (Lot 3, Johns Parkway subdivision) together with all abutting Right of Way of Johns Parkway; and pass Ordinances 8555-14, 8556-14 and 8557-14 on first reading. (ANX2014-02004) SUMMARY: This voluntary annexation petition involves a 0.241-acre property consisting of one parcel of land occupied by a single-family dwelling. It is on the south side of Johns Parkway, approximately 360 feet east of McMullen Booth Road (County Road 611). The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Development Review Committee is also proposing that approximately 0.052 acres of right-of-way on Johns Parkway not currently within the city limits also be annexed (please refer to the attached annexation map for the specific locations). The property is contiguous to existing city boundaries to the south and the east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. The closest sewer line is located in the Johns Parkway right-of-way. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing city boundaries to the south and the east; 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 # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Johns Parkway 3119 ANX2014-02004 - Radjeski\Maps\ANX2014- 02004 Location Map.doc ^ PROJECT SITE DREW ST BAYSHORE BLVD McMULLEN-BOOTH RD BAY LN DOWNING ST K ST GULF-TO-BAY BLVD COURTN EY CAMPBELL CSWY MACDONALD DR BAY LN -N o t t o S c a l e - -N o t a S u r v e y - Location Map Owner(s): R. Benjamin & Amber M. Radjeski Case: ANX2014-02004 Site: 3119 Johns Parkway Property Size: Right-of-way: 0.241 acres 0.052 acres Land Use Zoning PIN: 16-29-16-44172-000-0030 From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 292A Attachment number 1 \nPage 1 of 7 Item # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Johns Parkway 3119 ANX2014-02004 - Radjeski\Maps\ANX2014- 02004 Aerial Map.doc DOWNING ST DOWNING ST JOHNS PKWY JOHNS PKWY McMULLEN-BOOTH RD McMULLEN-BOOTH RD COLONIAL DR COLONIAL DR OYSTER BAYOU WAY OYSTER BAYOU WAY -N o t t o S c a l e - -N o t a S u r v e y - 31 1 9 Aerial Map Owner(s): R. Benjamin & Amber M. Radjeski Case: ANX2014-02004 Site: 3119 Johns Parkway Property Size: Right-of-way: 0.241 acres 0.052 acres Land Use Zoning PIN: 16-29-16-44172-000-0030 From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 292A Attachment number 1 \nPage 2 of 7 Item # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Johns Parkway 3119 ANX2014-02004 - Radjeski\Maps\ANX2014- 02004 Proposed Annexation.doc 30 50 211 40 30 304040 3040 200 40 20 20 30 3030 30 24 24 05155 2242822410 44172 83843 04902 * 17519 * 1 234 1 2 345 6 7 8 95 6 78 1 2 3101112131415161718 2 3 4 5 6 7 8 9 1012 123 45 67 8 9101112 1314 151617 18 19 20 21 22 1 2 3 4 56 24/01 5.69 21/1021/11 21/12 21/13 21/14 21/15 A C(C) 2 1 2 1 DOWNING ST JOHNS PKWY McMULLEN-BOOTH RD OYSTER BAYOU WAY 25 123 3136 3128 31 0 9 31 1 1 31 0 8 31 0 7 31 0 5 31 0 1 31 1 4 31 1 5 31 4 0 31 6 1 31 6 3 31 5 5 31 4 7 31 4 5 31 3 7 31 3 3 31 2 9 31 2 7 31 2 5 31 0 9 31 0 1 31 3 5 31 4 3 31 2 3 31 2 7 31 3 9 31 4 4 31 4 8 31 4 6 31 0 8 316 0 31 2 0 316 2 31 3 0 31 5 2 31 3 6 31 3 2 31 5 4 31 2 6 201 31 1 8 31 0 3 31 1 9 31 3 1 31 0 7 31 0 1 3112 3118 31 0 6 31 0 7 31 0 5 31 1 9 31 1 7 31 1 1 31 1 3 31 0 9 31 1 5 3135 3127 3131 3129 3125 313331 0 6 31 1 0 31 0 8 31 1 2 31 2 0 31 1 6 31 1 8 31 1 4 31 3 1 31 0 0 31 5 8 -N o t t o S c a l e - -N o t a S u r v e y - Proposed Annexation Map Owner(s): R. Benjamin & Amber M. Radjeski Case: ANX2014-02004 Site: 3119 Johns Parkway Property Size: Right-of-way: 0.241 acres 0.052 acres Land Use Zoning PIN: 16-29-16-44172-000-0030 From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 292A Attachment number 1 \nPage 3 of 7 Item # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Johns Parkway 3119 ANX2014-02004 - Radjeski\Maps\ANX2014- 02004 Future Land Use Map.doc 30 50 211 40 30 304040 3040 200 40 20 20 30 3030 30 24 24 05155 2242822410 44172 83843 04902 * 17519 * 1 234 1 2 345 6 7 8 95 6 78 1 2 3101112131415161718 2 3 4 5 6 7 8 9 1012 123 45 67 8 9101112 1314 151617 18 19 20 21 22 1 2 3 4 56 24/01 5.69 21/1021/11 21/12 21/13 21/14 21/15 A C(C) 2 1 2 1 RU RLM RU RU RM R/OL DOWNING ST JOHNS PKWY McMULLEN-BOOTH RD OYSTER BAYOU WAY 25 123 3136 3128 31 0 9 31 1 1 31 0 8 31 0 7 31 0 5 31 0 1 31 1 4 31 1 5 31 4 0 31 6 1 31 6 3 31 5 5 31 4 7 31 4 5 31 3 7 31 3 3 31 2 9 31 2 7 31 0 9 31 0 1 31 3 5 31 4 3 31 2 3 31 2 7 31 3 9 31 4 4 31 4 8 31 4 6 31 0 8 316 0 31 2 0 316 2 31 3 0 31 5 2 31 3 6 31 5 4 31 2 6 201 31 1 8 31 0 3 31 1 9 31 2 5 31 3 1 31 0 7 31 0 1 3112 3118 31 0 6 31 0 7 31 0 5 31 1 9 31 1 7 31 1 1 31 1 3 31 0 9 31 1 5 3135 3127 3131 3129 3125 313331 0 6 31 1 0 31 0 8 31 1 2 31 2 0 31 1 6 31 1 8 31 1 4 31 3 1 31 0 0 31 5 8 31 3 2 -N o t t o S c a l e - -N o t a S u r v e y - Future Land Use Map Owner(s): R. Benjamin & Amber M. Radjeski Case: ANX2014-02004 Site: 3119 Johns Parkway Property Size: Right-of-way: 0.241 acres 0.052 acres Land Use Zoning PIN: 16-29-16-44172-000-0030 From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 292A RU Attachment number 1 \nPage 4 of 7 Item # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Johns Parkway 3119 ANX2014-02004 - Radjeski\Maps\ANX2014- 02004 Zoning Map.doc 30 50 211 40 30 304040 3040 200 40 20 20 30 3030 30 24 24 05155 2242822410 44172 83843 04902 * 17519 * 1 234 1 2 345 6 7 8 95 6 78 1 2 3101112131415161718 2 3 4 5 6 7 8 9 1012 123 45 67 8 9101112 1314 151617 18 19 20 21 22 1 2 3 4 56 24/01 5.69 21/1021/11 21/12 21/13 21/14 21/15 A C(C) 2 1 2 1 DOWNING ST JOHNS PKWY McMULLEN-BOOTH RD OYSTER BAYOU WAY I LMDR MHP MDRO LMDR LMDR LMDR 25 123 3136 3128 31 0 9 31 1 1 31 0 8 31 0 7 31 0 5 31 1 4 31 1 5 31 4 0 31 6 1 31 6 3 31 5 5 31 4 7 31 3 7 31 3 3 31 2 9 31 2 7 31 2 5 31 0 9 31 0 1 31 3 5 31 4 3 31 2 3 31 2 7 31 3 9 31 4 4 31 0 8 316 0 31 2 0 316 2 31 3 6 31 5 4 31 2 6LMDR LMDR 201 31 1 8 31 0 3 31 0 1 31 1 9 31 4 5 31 3 1 31 0 7 31 0 1 3112 3118 31 0 6 31 0 7 31 0 5 31 1 9 31 1 7 31 1 1 31 1 3 31 0 9 31 1 5 3135 3127 3131 3129 3125 313331 0 6 31 1 0 31 0 8 31 1 2 31 2 0 31 1 6 31 1 8 31 1 4 31 3 1 31 0 0 31 4 8 31 4 6 31 5 8 31 3 0 31 5 2 31 3 2 -N o t t o S c a l e - -N o t a S u r v e y - Zoning Map Owner(s): R. Benjamin & Amber M. Radjeski Case: ANX2014-02004 Site: 3119 Johns Parkway Property Size: Right-of-way: 0.241 acres 0.052 acres Land Use Zoning PIN: 16-29-16-44172-000-0030 From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 292A LMDR MDR MDR MDR Attachment number 1 \nPage 5 of 7 Item # 20 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Johns Parkway 3119 ANX2014-02004 - Radjeski\Maps\ANX2014- 02004 Existing Surrounding Uses.doc 30 50 211 40 30 304040 3040 200 40 20 20 30 3030 30 24 24 05155 2242822410 44172 83843 04902 * 17519 * 1 234 1 2 345 6 7 8 95 6 78 1 2 3101112131415161718 2 3 4 5 6 7 8 9 1012 123 45 67 8 9101112 1314 151617 18 19 20 21 22 1 2 3 4 56 24/01 5.69 21/1021/11 21/12 21/13 21/14 21/15 A C(C) 2 1 2 1 DOWNING ST JOHNS PKWY McMULLEN-BOOTH RD OYSTER BAYOU WAY 25 123 3136 3128 31 0 9 31 1 1 31 0 8 31 0 7 31 0 5 31 0 1 31 1 4 31 1 5 31 4 0 31 6 1 31 6 3 31 5 5 31 4 7 31 4 5 31 3 7 31 3 3 31 2 9 31 2 7 31 2 5 31 0 9 31 0 1 31 3 5 31 4 3 31 2 3 31 2 7 31 3 9 31 4 4 31 4 8 31 4 6 31 0 8 316 0 31 2 0 316 2 31 3 0 31 5 2 31 3 6 31 3 2 31 5 4 31 2 6 201 31 1 8 31 0 3 31 1 9 31 3 1 31 0 7 31 0 1 3112 3118 31 0 6 31 0 7 31 0 5 31 1 9 31 1 7 31 1 1 31 1 3 31 0 9 31 1 5 3135 3127 3131 3129 3125 313331 0 6 31 1 0 31 0 8 31 1 2 31 2 0 31 1 6 31 1 8 31 1 4 31 3 1 31 0 0 31 5 8 -N o t t o S c a l e - -N o t a S u r v e y - Existing Surrounding Uses Map Owner(s): R. Benjamin & Amber M. Radjeski Case: ANX2014-02004 Site: 3119 Johns Parkway Property Size: Right-of-way: 0.241 acres 0.052 acres Land Use Zoning PIN: 16-29-16-44172-000-0030 From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 292A Single Family Residential Single Family Residential Townhomes Church Mobile Home Park Attachment number 1 \nPage 6 of 7 Item # 20 View looking south at the subject property3119 Johns ParkwayAcross the street, to the north of the subject property East of the subject propertyWest of the subject property ANX2014-02004 Radjeski, R. Benjamin and Amber M. 3119 Johns Parkway View looking easterly along Johns ParkwayView looking westerly along Johns Parkway Attachment number 1 \nPage 7 of 7 Item # 20 Ordinance No. 8555-14 ORDINANCE NO. 8555-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF JOHNS PARKWAY, APPROXIMATELY 360 FEET EAST OF MCMULLEN-BOOTH ROAD (COUNTY ROAD 611), CONSISTING OF LOT 3, JOHNS PARKWAY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3119 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, TOGETHER WITH ALL ABUTTING RIGHT OF WAY OF JOHNS PARKWAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 3, Johns Parkway subdivision, according to the map or plat thereof, as recorded in the Plat Book 29, Page 41, Public Records of Pinellas County, Florida; Together with all abutting Right of Way of Johns Parkway. (ANX2014-02004) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING Attachment number 2 \nPage 1 of 9 Item # 20 2 Ordinance No. 8555-14 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 9 Item # 20 Exhibit A 30 50 211 40 30 304040 3040 200 40 24 24 20 20 30 3030 30 24 24 05155 2242822410 44172 83843 04902 * 17 5 1 9 * 1 2 3 4 1 2 3 4 5 6 7 8 9 5 6 78 1 2 3101112131415161718 2 3 4 5 6 7 8 9 1012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 61 60 59 58 57 56 1 2 3 4 56 24/01 5.69 21/10 21/11 21/12 21/13 21/14 21/15 A C (C) 2 1 2 1 DOWNING ST JOHNS PKWY Mc M U L L E N - B O O T H R D OYSTER BAYOU WAY 25 123 31 3 6 31 2 8 31 0 9 31 1 1 31 0 8 31 0 7 31 0 5 31 0 1 31 1 4 31 1 5 31 4 0 31 6 1 31 6 3 31 5 5 31 4 7 31 4 5 31 3 7 31 3 3 31 2 9 31 2 7 31 2 5 31 0 9 31 0 1 31 3 5 31 4 3 31 2 3 31 2 7 31 3 9 31 4 4 31 4 8 31 4 6 31 0 8 31 6 0 31 2 0 31 6 2 31 3 0 31 5 2 31 3 6 31 3 2 31 5 4 31 2 6 201 31 1 8 31 0 3 31 1 9 31 3 1 31 0 7 31 0 1 3112 3118 31 0 6 31 0 7 31 0 5 31 1 9 31 1 7 31 1 1 31 1 3 31 0 9 31 1 5 3135 3127 3131 3129 3125 313331 0 6 31 1 0 31 0 8 31 1 2 31 2 0 31 1 6 31 1 8 31 1 4 31 3 1 31 0 0 31 5 8 -N o t t o S c a l e - -N o t a S u r v e y - Proposed Annexation Map Owner(s): R. Benjamin & Amber M. Radjeski Case: ANX2014-02004 Site: 3119 Johns Parkway Property Size: Right-of-way: 0.241 acres 0.052 acres Land Use Zoning PIN: 16-29-16-44172-000-0030 From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 292A Attachment number 2 \nPage 3 of 9 Item # 20 Ordinance No. 8556-14 ORDINANCE NO. 8556-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF JOHNS PARKWAY, APPROXIMATELY 360 FEET EAST OF MCMULLEN-BOOTH ROAD (COUNTY ROAD 611), CONSISTING OF LOT 3, JOHNS PARKWAY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3119 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, TOGETHER WITH ALL ABUTTING RIGHT OF WAY OF JOHNS PARKWAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU) PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 3, Johns Parkway subdivision, according to the map or plat thereof, as recorded in the Plat Book 29, Page 41, Public Records of Pinellas County, Florida; Together with all abutting Right of Way of Johns Parkway. Residential Urban (RU) (ANX2014-02004) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8555-14. Attachment number 2 \nPage 4 of 9 Item # 20 2 Ordinance No. 8556-14 PASSED ON FIRST READING 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 5 of 9 Item # 20 Exhibit A Future Land Use Map Owner(s): R. Benjamin & Amber M. Radjeski Case: ANX2014-02004 Site: 3119 Johns Parkway Property Size: Right-of-way: 0.241 acres 0.052 acres Land Use Zoning PIN: 16-29-16-44172-000-0030 From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 292A RU Attachment number 2 \nPage 6 of 9 Item # 20 Ordinance No. 8557-14 ORDINANCE NO. 8557-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF JOHNS PARKWAY, APPROXIMATELY 360 FEET EAST OF MCMULLEN- BOOTH ROAD (COUNTY ROAD 611), CONSISTING OF LOT 3, JOHNS PARKWAY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3119 JOHNS PARKWAY, CLEARWATER, FLORIDA 33759, TOGETHER WITH ALL ABUTTING RIGHT OF WAY OF JOHNS PARKWAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8555-14. PASSED ON FIRST READING Property Zoning District Lot 3, Johns Parkway subdivision, according to the map or plat thereof, as recorded in the Plat Book 29, Page 41, Public Records of Pinellas County, Florida; Together with all abutting Right of Way of Johns Parkway. Low Medium Density Residential (LMDR) (ANX2014-02004) Attachment number 2 \nPage 7 of 9 Item # 20 2 Ordinance No. 8557-14 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 8 of 9 Item # 20 Exhibit A 30 50 211 40 30 304040 3040 200 40 24 24 20 20 30 3030 30 24 24 05155 2242822410 44172 83843 04902 * 17 5 1 9 * 1 2 3 4 1 2 3 4 5 6 7 8 9 5 6 78 1 2 3101112131415161718 2 3 4 5 6 7 8 9 1012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 61 60 59 58 57 56 1 2 3 4 56 24/01 5.69 21/10 21/11 21/12 21/13 21/14 21/15 A C (C) 2 1 2 1 DOWNING ST JOHNS PKWY Mc M U L L E N - B O O T H R D OYSTER BAYOU WAY I LMDR MHP MDRO LMDR LMDR LMDR 25 123 31 3 6 31 2 8 31 0 9 31 1 1 31 0 8 31 0 7 31 0 5 31 1 4 31 1 5 31 4 0 31 6 1 31 6 3 31 5 5 31 4 7 31 3 7 31 3 3 31 2 9 31 2 7 31 2 5 31 0 9 31 0 1 31 3 5 31 4 3 31 2 3 31 2 7 31 3 9 31 4 4 31 0 8 31 6 0 31 2 0 31 6 2 31 3 6 31 5 4 31 2 6 LMDR LMDR 201 31 1 8 31 0 3 31 0 1 31 1 9 31 4 5 31 3 1 31 0 7 31 0 1 3112 3118 31 0 6 31 0 7 31 0 5 31 1 9 31 1 7 31 1 1 31 1 3 31 0 9 31 1 5 3135 3127 3131 3129 3125 313331 0 6 31 1 0 31 0 8 31 1 2 31 2 0 31 1 6 31 1 8 31 1 4 31 3 1 31 0 0 31 4 8 31 4 6 31 5 8 31 3 0 31 5 2 31 3 2 -N o t t o S c a l e - -N o t a S u r v e y - Zoning Map Owner(s): R. Benjamin & Amber M. Radjeski Case: ANX2014-02004 Site: 3119 Johns Parkway Property Size: Right-of-way: 0.241 acres 0.052 acres Land Use Zoning PIN: 16-29-16-44172-000-0030 From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 292A LMDR MDR MDR MDR Attachment number 2 \nPage 9 of 9 Item # 20 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 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 1235 Palm Street, 1942 North Betty Lane, and 1996 North Betty Lane, together with certain right-of-way of North Betty Lane, located south of State Street; and pass Ordinances 8561-14, 8562-14 and 8563-14 on first reading. (ANX2014-02006) SUMMARY: This voluntary annexation petition involves three parcels of land totaling 0.329 acres. All parcels are occupied by a single-family dwelling. The three 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. The Development Review Committee is also proposing that approximately 0.091 acres of right-of-way on North Betty Lane not currently within the city limits also be annexed. The properties proposed for annexation are contiguous to existing city boundaries along at least one property boundary. 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 annexation is 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. 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 along at least one property boundary; therefore, the annexations are 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 # 21 Location Map Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B ^ ^ ^ DUNEDIN -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 25 Item # 21 PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 1 \nPage 2 of 25 Item # 21 Aerial Map 1 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B DUNEDIN 1235 PALM ST PALM ST UNION ST UNION ST BERMUDA ST BERMUDA ST DOUGLAS AVE DOUGLAS AVE I DL E W I L D DR I DL E W I L D DR IDLEWILD DR IDLEWILD DR -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 1 \nPage 3 of 25 Item # 21 PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 1 \nPage 4 of 25 Item # 21 Aerial Map 2 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 1996 1942 OS BE T T Y L N BE T T Y L N STATE ST STATE ST WOODLAWN TER WOODLAWN TER SEDEEVA CIR NSEDEEVA CIR N CH E N A N G O A V E CH E N A N G O A V E SHORE DR SHORE DR POINSETT A AVE POINSETT A AVE BERTLAND WAY BERTLAND WAY MACOMBER AVE MACOMBER 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 5 of 25 Item # 21 PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 1 \nPage 6 of 25 Item # 21 Proposed Annexation Map 1 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 66 60 60 60 15840 80388 A B C A 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 1 1 1 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 60 5 60E J 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 61 2 1 1 1 1 DUNEDIN PALM ST UNION ST BERMUDA ST DOUGLAS AVE 12 5 5 12 5 9 12 6 3 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 2031 12 3 1 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 4 12 6 2 12 4 2 12 3 4 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 3 12 3 1 12 2 1 12 1 5 12 1 1 12 0 9 12 6 2 12 6 0 12 5 6 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 6 3 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 2061 12 5 0 12 5 6 12 5 0 12 3 2 2049 12 3 5 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 6 5 12 3 5 12 2 3 12 1 9 -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 25 Item # 21 PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 1 \nPage 8 of 25 Item # 21 Proposed Annexation Map 2 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LAKE 60 60 60 60 60 60 6060 60 38 30 60 60 60 38 60 60 45 45 60 45 40 60 30 60 40 3 0 4 0 40 28098 83 9 7 0 M O O P C 4 TRACT "B" 6 12 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 7 8 9 10 11 12345678910111213 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 11 12 13 14 15 16 17 18 1234 5 10 11 12 13 14 1112 18 13 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 7 1415 1617 1819 2021 2223 2425 2627 2829 3233 3435 3637 3839 4041 4243 4445 4647 49 50 51 52 53 54 55 56 4 5 6 7 8 22 1 1 1 1 1 1 1 OS/R BE T T Y L N STATE ST W O O D L AW N T E R CHENANGO AVE SEDEEVA CIR N BERTLAND WAY MACOMBER AVE 12 9 0 1950 1952 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1969 13 2 7 2025 1971 13 3 3 13 2 9 1927 1925 1923 1918 1924 1926 1932 1938 1936 1940 1947 1949 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 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1295 1287 1283 1277 1273 1271 1267 1265 1261 1253 1249 1245 1936 1932 12941273 1938 1936 1930 1918 1942 1295 1244 1940 19261928 1295 2014 1310 1300 1992 1994 1979 1935 1921 1920 1928 1919 1927 1931 1933 1937 1287 1918 1920 1940 1944 1921 1923 1925 1927 1929 1937 1941 1289 1285 1281 1277 1978 1974 1283 1961 1963 1245 1291 1296 1286 12 126 126 125 1252 1246 1999 1997 1981 1987 1996 1995 1244 -N o t t o S c a l e - -N o t a S u r v e y - Attachment number 1 \nPage 9 of 25 Item # 21 PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 1 \nPage 10 of 25 Item # 21 Future Land Use Map 1 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 50 50 66 60 60 60 15840 80388 A B C A 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 60 60E J 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 1 2 1 1 1 1 DUNEDIN RU RU RU PALM ST UNION ST BERMUDA ST DOUGLAS AVE 12 5 5 12 5 9 12 6 3 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 12 3 1 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 4 12 6 2 12 4 2 12 3 4 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 3 12 3 1 12 2 1 12 1 5 12 1 1 12 0 9 12 6 2 12 6 0 12 5 6 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 6 3 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 1199Traf 0 12 5 0 2031 1256 1250 1232 2049 1235 1246 1244 1238 1234 1230 1235 1223 1219 2061 -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 11 of 25 Item # 21 PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 1 \nPage 12 of 25 Item # 21 Future Land Use Map 2 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LAKE 60 60 60 60 60 60 6060 60 38 30 60 60 60 38 60 60 45 45 60 45 40 60 30 60 40 3 0 4 0 40 28098 83 9 7 0 M O O P C 4 TRACT "B" 6 12 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 7 8 9 10 11 12345678910111213 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 11 12 13 14 15 16 17 18 1234 5 10 11 12 13 14 1112 18 13 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 7 1415 1617 1819 2021 2223 2425 2627 2829 3233 3435 3637 3839 4041 4243 4445 4647 49 50 51 52 53 54 55 56 4 5 6 7 8 22 1 1 1 1 1 1 1 OS/R RU RU P RU R/OS RU RU RM RU RM R/OS RU RM RU RU BE T T Y L N STATE ST W O O D L AW N T E R CHENANGO AVE SEDEEVA CIR N BERTLAND WAY MACOMBER AVE 12 9 0 1950 1952 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1969 13 2 7 2025 1971 13 3 3 13 2 9 1925 1923 1918 1924 1926 1932 1938 1936 1940 1949 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 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1295 1287 1283 1277 1273 1271 1267 1265 1261 1253 1249 1245 1936 1932 12941273 1938 1936 1930 1918 1942 1295 1244 1940 19261928 1295 2014 1310 1300 1992 1994 1979 1927 1935 1921 1920 1928 1919 1927 1931 1933 1937 1287 1918 1920 1940 1944 1921 1923 1925 1927 1929 1937 1941 1289 1285 1281 1277 1947 1978 1974 1283 1271 1267 1961 1963 1969 1245 1291 1296 1286 12 126 126 125 1252 1246 1999 1997 1981 1987 1996 1995 1244 -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 13 of 25 Item # 21 PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 1 \nPage 14 of 25 Item # 21 Zoning Map 1 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 66 60 60 60 15840 80388 A B C A 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 1 1 1 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 60 5 60E J 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 61 2 1 1 1 1 DUNEDIN PALM ST UNION ST BERMUDA ST DOUGLAS AVE LMDR MDR 12 5 5 12 5 9 12 6 3 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 2031 12 3 1 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 4 12 6 2 12 4 2 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 3 12 3 1 12 2 1 12 1 5 12 1 1 12 0 9 12 6 2 12 6 0 12 5 6 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 6 3 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 2061 12 5 0 12 5 6 12 5 0 12 3 4 12 3 2 2049 12 3 5 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 6 5 12 3 5 12 2 3 12 1 9 -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 15 of 25 Item # 21 PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 1 \nPage 16 of 25 Item # 21 Zoning Map 2 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LAKE 60 60 60 60 60 60 6060 60 38 30 30 60 60 60 60 38 60 60 45 45 60 45 40 60 30 60 40 3 0 4 0 40 28098 L M O O P C E 3 9 T TRACT "B" 4 5 6 10 11 12 4 5 6 7 8 4 5 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 7 8 9 10 11 12345678910111213 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 1234 5 12 13 14 1112 18 12 13 14 15161718 12 13 14 15 16 17 18 19 20 21 22 23 24 4 5 6 7 8 9 1819 2021 2223 2425 2627 2829 3637 3839 4041 4243 4445 4647 51 52 53 54 55 56 5 6 22 27 1 1 1 1 1 1 OS/R BE T T Y L N STATE ST W O O D L AW N T E R CH E N A N G O A V E SEDEEVA CIR N SHO RE DR BERTLAND WAY MACOMBER AVE MDR OS/R LMDR LMDR I LMDR LMDR 1950 1952 12 7 4 1969 13 2 7 13 1 0 13 0 0 2025 1971 13 3 3 13 2 9 1927 1925 1924 1926 1932 1938 1936 1940 1947 1949 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 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1295 1287 1283 1277 1273 1271 1267 1265 1261 1253 20222020 1246 1290 2020 1936 1932 1294 1290 1286 1282 12781273 1938 1936 1930 2021 1942 1295 1940 19261928 1295 2014 2010 1992 1994 1979 1923 1935 1928 1927 1931 1933 1937 1287 1940 1944 1923 1925 1927 1929 1937 1941 1289 1285 1281 1277 1978 1974 1283 1961 1963 1291 1249 2024 1296 1286 2021 2022 1266 1262 1260 1256 1252 1999 1997 1981 1987 1996 1995 2017 1966 20 1 5 -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 17 of 25 Item # 21 PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 1 \nPage 18 of 25 Item # 21 Existing Surrounding Uses Map 1 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 66 60 60 60 15840 80388 A B C A 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 1 1 1 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 60 5 60E J 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 61 2 1 1 1 1 DUNEDIN PALM ST UNION ST BERMUDA ST DOUGLAS AVE 12 5 5 12 5 9 12 6 3 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 2031 12 3 1 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 4 12 6 2 12 4 2 12 3 4 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 3 12 3 1 12 2 1 12 1 5 12 1 1 12 0 9 12 6 2 12 6 0 12 5 6 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 6 3 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 2061 12 5 0 12 5 6 12 5 0 12 3 2 2049 12 3 5 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 6 5 12 3 5 12 2 3 12 1 9 -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 Attachment number 1 \nPage 19 of 25 Item # 21 PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 1 \nPage 20 of 25 Item # 21 Existing Surrounding Uses Map 2 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LAKE 60 60 60 60 60 60 6060 60 38 30 60 60 60 38 60 60 45 45 60 45 40 60 30 60 40 3 0 4 0 40 28098 83 9 7 0 M O O P C 4 TRACT "B" 6 12 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 7 8 9 10 11 12345678910111213 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 11 12 13 14 15 16 17 18 1234 5 10 11 12 13 14 1112 18 13 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 7 1415 1617 1819 2021 2223 2425 2627 2829 3233 3435 3637 3839 4041 4243 4445 4647 49 50 51 52 53 54 55 56 4 5 6 7 8 22 1 1 1 1 1 1 1 OS/R BE T T Y L N STATE ST W O O D L AW N T E R CHENANGO AVE SEDEEVA CIR N BERTLAND WAY MACOMBER AVE 12 9 0 1950 1952 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1969 13 2 7 2025 1971 13 3 3 13 2 9 1927 1925 1923 1918 1924 1926 1932 1938 1936 1940 1947 1949 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 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1244 1240 1295 1287 1283 1277 1273 1271 1267 1265 1261 1253 1249 1245 1936 1932 12941273 1938 1936 1930 1918 1942 1295 1244 1940 19261928 1295 2014 1310 1300 1992 1994 1979 1935 1921 1920 1928 1919 1927 1931 1933 1937 1287 1918 1920 1940 1944 1921 1923 1925 1927 1929 1937 1941 1289 1285 1281 1277 1978 1974 1283 1961 1963 1245 1291 1296 1286 12 126 126 125 1252 1246 1999 1997 1981 1987 1996 1995 1244 -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 21 of 25 Item # 21 PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 1 \nPage 22 of 25 Item # 21 View looking south at the subject property1235 Palm StreetAcross the street, to the north of the subject property East of the subject propertyWest of the subject property ANX2014-02006 Multiple Owners –IdlewildArea 1235 Palm Street View looking easterly along Palm StreetView looking westerly along Palm Street Attachment number 1 \nPage 23 of 25 Item # 21 View looking west at the subject property1942 North Betty LaneAcross the street, to the east of the subject property South of the subject propertyNorth of the subject property ANX2014-02006 Multiple Owners –IdlewildArea 1942 North Betty Lane View looking southerly along North Betty LaneView looking northerly along North Betty Lane Attachment number 1 \nPage 24 of 25 Item # 21 View looking east at the subject property1996 North Betty LaneAcross the street, to the west of the subject property South of the subject propertyNorth of the subject property ANX2014-02006 Multiple Owners –IdlewildArea 1996 North Betty Lane View looking southerly along North Betty LaneView looking northerly along North Betty Lane Attachment number 1 \nPage 25 of 25 Item # 21 Ordinance No. 8561-14 ORDINANCE NO. 8561-14 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 03 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1942 NORTH BETTY LANE, 1996 NORTH BETTY LANE, 1235 PALM STREET, ALL IN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT OF WAY OF NORTH BETTY LANE, LOCATED SOUTH OF STATE STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the maps attached hereto as Exhibit B and C 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 Exhibit A (ANX2014-02006) The maps attached as Exhibit B and C 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. Attachment number 2 \nPage 1 of 21 Item # 21 2 Ordinance No. 8555-14 PASSED ON FIRST READING 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 21 Item # 21 Exhibit A LEGAL DESCRIPTIONS ANX2014 -02006 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-83970-000-0560 The East One-Half of Lot 56 1942 North Betty Lane Together with all of abutting Right of Way of North Betty Lane. The above in SOUTH BINGHAMTON PARK subdivision, as recorded in PLAT BOOK 12, PAGE 81, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-12060-015-0030 Block O, Lot 3 1996 N Betty Lane The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida; ========================================================================================= No. Parcel ID Legal Description Address 3. 03-29-15-15840-002-0150 Block B, Lot 15 1235 Palm Street All the above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Attachment number 2 \nPage 3 of 21 Item # 21 Exhibit B Proposed Annexation Map 1 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B Attachment number 2 \nPage 4 of 21 Item # 21 Exhibit B PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 2 \nPage 5 of 21 Item # 21 Exhibit C Proposed Annexation Map 2 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B Attachment number 2 \nPage 6 of 21 Item # 21 Exhibit C PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 2 \nPage 7 of 21 Item # 21 Ordinance No. 8562-14 ORDINANCE NO. 8562-14 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 03 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1942 NORTH BETTY LANE, 1996 NORTH BETTY LANE, 1235 PALM STREET, ALL IN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT OF WAY OF NORTH BETTY LANE, LOCATED SOUTH OF STATE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category SEE EXHIBIT A RESIDENTIAL URBAN (RU) (ANX2014-02006) The map attached as Exhibit B and C is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8561-14. Attachment number 2 \nPage 8 of 21 Item # 21 2 Ordinance No. 8562-14 PASSED ON FIRST READING 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 9 of 21 Item # 21 Exhibit A LEGAL DESCRIPTIONS ANX2014 -02006 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-83970-000-0560 The East One-Half of Lot 56 1942 North Betty Lane Together with all of abutting Right of Way of North Betty Lane. The above in SOUTH BINGHAMTON PARK subdivision, as recorded in PLAT BOOK 12, PAGE 81, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-12060-015-0030 Block O, Lot 3 1996 N Betty Lane The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida; ========================================================================================= No. Parcel ID Legal Description Address 3. 03-29-15-15840-002-0150 Block B, Lot 15 1235 Palm Street All the above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Attachment number 2 \nPage 10 of 21 Item # 21 Exhibit B Future Land Use Map 1 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B 50 50 66 60 60 60 15840 80388 A B C A 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 15 16 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18 60 60E J 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 1 2 1 1 1 1 DUNEDIN RU RU RU PALM ST UNION ST BERMUDA ST DO U G L A S A V E 12 5 5 12 5 9 12 6 3 12 7 2 12 6 6 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 12 3 1 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 4 12 6 2 12 4 2 12 3 4 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 7 12 5 1 12 4 5 12 3 9 12 3 3 12 3 1 12 2 1 12 1 5 12 1 1 12 0 9 12 6 2 12 6 0 12 5 6 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 6 3 12 5 9 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 11 9 9 T r a f 2030 12 5 0 2031 12 5 6 12 5 0 12 3 2 2049 12 3 5 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 3 5 12 2 3 12 1 9 2061 -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 11 of 21 Item # 21 Exhibit B PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 2 \nPage 12 of 21 Item # 21 Exhibit C Future Land Use Map 2 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LAKE 60 60 60 60 60 60 60 60 60 38 30 60 60 60 38 60 60 45 45 60 45 4 0 60 30 60 40 3 0 4 0 40 28098 83 9 7 0 M O O P C 4 TRACT "B" 6 12 5 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 7 8 9 10 11 12345678910111213 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 11 12 13 14 15 16 17 18 1 2 3 4 5 10 11 12 13 14 1112 18 13 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 7 1415 1617 1819 2021 2223 2425 2627 2829 3233 3435 3637 3839 4041 4243 4445 4647 49 50 51 52 53 54 55 56 4 5 6 7 8 22 1 1 1 1 1 1 1 OS/R RU RU P RU R/OS RU RU RM RU RM R/OS RU RM RU RU BE T T Y L N STATE ST WOODLAWN TER CH E N A N G O A V E SEDEEVA CIR N BERTLAND WAY MA C O M B E R A V E 12 9 0 1950 1952 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1969 13 2 7 2025 1971 13 3 3 13 2 9 1925 1923 1918 1924 1926 1932 1938 1936 1940 1949 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 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 9 5 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 1936 1932 12 9 4 12 7 3 1938 1936 1930 1918 1942 12 9 5 12 4 4 1940 19261928 12 9 5 2014 13 1 0 13 0 0 1992 1994 1979 1927 1935 1921 1920 1928 1919 1927 1931 1933 1937 12 8 7 1918 1920 1940 1944 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 1947 1978 1974 12 8 3 12 7 1 12 6 7 1961 1963 1969 1245 12 9 1 12 9 6 12 8 6 12 6 6 12 6 2 12 6 0 12 5 6 12 5 2 12 4 6 1999 1997 1981 1987 1996 1995 12 4 4 ½ -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 13 of 21 Item # 21 Exhibit C PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 2 \nPage 14 of 21 Item # 21 Ordinance No. 8563-14 ORDINANCE NO. 8563-14 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 03, TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1942 NORTH BETTY LANE, 1996 NORTH BETTY LANE, 1235 PALM STREET, ALL IN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT OF WAY OF NORTH BETTY LANE, LOCATED SOUTH OF STATE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described 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: The maps attached as Exhibit B and C 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. 8561-14. PASSED ON FIRST READING Property Zoning District SEE ATTACHED EXHIBIT A LOW MEDIUM DENSITY RESIDENTIAL (LMDR) (ANX2014-02006) Attachment number 2 \nPage 15 of 21 Item # 21 2 Ordinance No. 8563-14 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 16 of 21 Item # 21 Exhibit A LEGAL DESCRIPTIONS ANX2014 -02006 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-83970-000-0560 The East One-Half of Lot 56 1942 North Betty Lane Together with all of abutting Right of Way of North Betty Lane. The above in SOUTH BINGHAMTON PARK subdivision, as recorded in PLAT BOOK 12, PAGE 81, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-12060-015-0030 Block O, Lot 3 1996 N Betty Lane The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida; ========================================================================================= No. Parcel ID Legal Description Address 3. 03-29-15-15840-002-0150 Block B, Lot 15 1235 Palm Street All the above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Attachment number 2 \nPage 17 of 21 Item # 21 Exhibit B Zoning Map 1 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LMDR Attachment number 2 \nPage 18 of 21 Item # 21 Exhibit B PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 2 \nPage 19 of 21 Item # 21 Exhibit C Zoning Map 2 of 2 Owner MULTIPLE OWNERS Case: ANX2014-02006 Site: Idlewild Septic-to-Sewer Project Area: Three lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Total Property Size: Right of Way Size: 0.329 acres 0.091 acres Land Use Zoning PIN: Parcels—see next page From: To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LMDR LMDR Attachment number 2 \nPage 20 of 21 Item # 21 Exhibit C PIN (Address): 1. 03-29-15-83970-000-0560 (1942 N. Betty Lane) 2. 03-29-15-12060-015-0030 (1996 N. Betty Lane) 3. 03-29-15-15840-002-0150 (1235 Palm Street) Attachment number 2 \nPage 21 of 21 Item # 21 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 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 1940 North Betty Lane; 1978 North Betty Lane; 2084 Lantana Avenue; 1258 Sedeeva Circle North; 2075 The Mall; and 1241 Union Street (all parcels are located in Section 03, Township 29 South, Range 15 East), together with certain rights-of-way of: North Betty Lane, Sedeeva Circle North and Lantana Avenue; and pass Ordinances 8552-14, 8553-14 and 8554-14 on first reading. (ATA2014-01001) SUMMARY: The City of Clearwater Public Utilities Department is expanding sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. This neighborhood contains a large concentration of properties within unincorporated Pinellas County. To date, 28 properties have voluntarily annexed into the City as a result of this project and nine more properties are currently in the process of annexing. Another 59 agreements to annex (ATAs) have been executed for properties not meeting annexation contiguity requirements but desiring to receive sanitary sewer service. This application is the first group of parcels with recorded ATAs that have become contiguous in the Idlewild/The Mall Septic-to-Sewer Project area. It includes six ATAs signed by the current owners within the last year. The Planning and Development Department is initiating this project to bring the properties into the City’s jurisdiction in compliance with the terms and conditions set forth in the agreements. These properties are occupied by six detached dwellings on 0.762 acres of land. The Development Review Committee is proposing that approximately 0.211 acres of right-of-way throughout this area on North Betty Lane, Sedeeva Circle North, and Lantana Avenue not currently within the city limits also be annexed. 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 annexation is 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 are 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 annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. 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. Cover Memo Item # 22 Objective A.7.2: Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The proposed Residential 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. The properties at 1978 North Betty Lane, 2084 Lantana Avenue, 2075 The Mall, and 1241 Union Street exceed the district’s minimum dimensional requirements. The properties at 1940 Betty Lane and 1258 Sedeeva Circle North meet the District’s minimum dimensions through the Flexible Development 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 along at least one property boundary; therefore, the annexations are 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 # 22 Ordinance No. 8552-14 ORDINANCE NO. 8552-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES 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 03 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1940 NORTH BETTY LANE, 1258 SEDEEVA CIRCLE NORTH, 1978 NORTH BETTY LANE, 2084 LANTANA AVENUE, 2075 THE MALL, 1241 UNION STREET, ALL IN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT OF WAYS OF: NORTH BETTY LANE, SEDEEVA CIRCLE NORTH AND LANTANA AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B has 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 EXHIBIT A (ATA2014-01001) The maps attached as Exhibits B and C 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 1 \nPage 1 of 7 Item # 22 2 Ordinance No. 8552-14 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 1 \nPage 2 of 7 Item # 22 Exhibit A LEGAL DESCRIPTIONS ATA2014 -0100 1 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-83970-000-0550 Lot 55 1940 North Betty Lane Together with all of abutting Right of Way of North Betty Lane. The above in SOUTH BINGHAMTON PARK subdivision, as recorded in PLAT BOOK 12, PAGE 81, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-28098-000-0120 Lot 12 1258 Sedeeva Circle North 3. 03-29-15-28098-000-0350 Lot 35 1978 North Betty Lane Together with all of the Sedeeva Circle North Right of Way abutting Lot 12. The above in FLORADEL subdivision, as recorded in PLAT BOOK 15, PAGE 7, of the Public Records of Pinellas County, Florida; ========================================================================================= No. Parcel ID Legal Description Address 4. 03-29-15-12060-003-0060 Block C, Lot 6 2084 Lantana Avenue 5. 03-29-15-12060-003-0090 Block C, Lot 9 2075 The Mall Together with all of the Lantana Avenue Right of Way abutting Lot 6, Block C. All the above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 6. 03-29-15-15840-001-0160 Block A, Lot 16 1241 Union Street All the above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Attachment number 1 \nPage 3 of 7 Item # 22 Exhibit B 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 60 4 0 40 40 15 87.7 12060 15840 46998 80388 ABC F G H K L M M A B C A B C E TRACT "B" 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 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 14 15 16 2021222324 (25) 1 2 10 11 15 16 17 18 19 20 21 22 2324252627282930 15 16 17 18 19 20 21 22 2324252627282930 11 12 13141516 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 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 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 12 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 21060 I J 1 13 14 15 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 100 77 78 79 80 101102103104105 72737475 76 106 107108 109 110 111 2 3 1 1 1 1 1 DUNEDIN UNION ST IDLEWILD DR BE T T Y L N WOO D L AWN TER PALM ST THE MALL PO I NSE T TA AV E BERMUDA ST LANTANA AVE 13 3 1 13 2 1 13 2 5 13 1 7 12 4 4 13 3 0 13 2 2 13 0 9 2083 13 1 0 13 0 0 13 1 0 2025 13 2 5 13 1 7 12 9 5 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 9 1 12 9 6 2020 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 12 9 0 12 8 4 12 8 0 12 7 2 12 9 3 12 8 2 12 8 3 133 3 2020 2067 13 4 1 13 3 7 2048 2050 2058 20252021 12 5 5 2088 2040 2044 2014 2066 12 5 9 12 7 1 12 6 3 2077 2076 2063 2049 2057 2080 2084 2071 2077 2081 13 4 5 2075 2079 2071 13 5 3 13 4 9 2000 2049 2053 2067 2068 2070 2072 2080 2071 2079 2047 2048 2052 2063 2065 2069 2010 2026 2028 13 0 0 201913 0 1 12 9 1 12 3 5 2022 2024 2028 2030 12 8 6 2021 2027 2022 2026 12 6 6 12 6 2 12 3 4 12 9 2 12 6 6 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 204412 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 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 2060 2064 206612 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 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 5 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 1999 1997 2060 2056 2064 2035 20392043 2017 2075 2031 2 0 1 5 12 4 4 ½ ON.T.S Proposed Annexation Map 1 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B Attachment number 1 \nPage 4 of 7 Item # 22 Exhibit B PIN (Address): 1. 03-29-15-83970-000-0550 (1940 North Betty Lane) 2. 03-29-15-28098-000-0350 (1978 North Betty Lane) 3. 03-29-15-12060-003-0060 (2084 Lantana Avenue) 4. 03-29-15-28098-000-0120 (1258 Sedeeva Circle North) 5. 03-29-15-12060-003-0090 (2075 The Mall) 6. 03-29-15-15840-001-0160 (1241 Union Street) Attachment number 1 \nPage 5 of 7 Item # 22 Exhibit C LAKE 60 60 60 60 60 60 6060 60 60 80 60 80 38 30 60 60 60 40 60 38 60 60 45 45 60 45 30 40 3 0 40 28098 83 9 7 0 87912 M O O G C 4 6 12 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 12345678910111213 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 7 8 9 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19202122 1234 5 10 11 12 13 14 12 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 7 1415 1617 1819 2021 2223 2425 2627 2829 3233 3435 3637 3839 4041 4243 4445 4647 49 50 51 52 53 54 55 56 5 6 7 12 13 14 5 6 7 8 4 5 6 7 8 22 1 1 1 1 1 1 BE T T Y L N STAT E ST W O O D L AW N T E R SEDEEVA CIR N CHENANGO AVE BERTLAND WAY COLES RD MACOMBER AVE ALOHA LN 12 9 0 1950 1952 12 9 4 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1918 1942 1969 13 2 7 1928 2014 12 2 4 13 1 0 13 0 0 2025 1979 1971 13 2 9 1927 1925 1923 1913 1915 19 17 12 1 9 12 1 5 1918 1924 1926 1932 1938 1936 1940 1920 1928 1920 1947 1949 19 33 1943 12 3 0 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 1961 196912 5 5 12 5 1 12 3 7 1239 1278 1276 1274 1272 1270 1268 1266 1264 1260 1256 1244 1240 1236 1234 1230 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 9 6 12 5 2 12 4 6 1981 12 3 1 12 2 6 12 2 0 12 3 3 12 2 5 12 3 2 12 2 6 12 2 9 12 3 3 12 3 7 1910 1936 1932 12 7 3 1938 1936 1930 12 9 5 12 4 4 1940 1926 12 9 5 1992 1994 3 1935 1921 1919 1927 1931 1933 1937 12 8 7 1918 1940 1944 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 1978 1974 12 8 3 1963 1245 1249 1251 1257 1261 1258 12 8 6 12 6 12 6 12 6 0 12 5 6 12 3 12 3 4 1999 1997 1987 1996 1995 7 12 2 4 12 1 8 12 1 6 12 1 6 2 12 4 4 ON.T.S Proposed Annexation Map 2 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B Attachment number 1 \nPage 6 of 7 Item # 22 Exhibit C PIN (Address): 1. 03-29-15-83970-000-0550 (1940 North Betty Lane) 2. 03-29-15-28098-000-0350 (1978 North Betty Lane) 3. 03-29-15-12060-003-0060 (2084 Lantana Avenue) 4. 03-29-15-28098-000-0120 (1258 Sedeeva Circle North) 5. 03-29-15-12060-003-0090 (2075 The Mall) 6. 03-29-15-15840-001-0160 (1241 Union Street) Attachment number 1 \nPage 7 of 7 Item # 22 Ordinance No. 8553-14 ORDINANCE NO. 8553-14 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 PROPERTIES 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 03 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1940 NORTH BETTY LANE, 1258 SEDEEVA CIRCLE NORTH, 1978 NORTH BETTY LANE, 2084 LANTANA AVENUE, 2075 THE MALL, 1241 UNION STREET, ALL IN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT OF WAYS OF: NORTH BETTY LANE, SEDEEVA CIRCLE NORTH AND LANTANA AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU), PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category SEE EXHIBIT A Residential Urban (RU) (ATA2014-01001) The maps attached as Exhibit B and C 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. 8552-14. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attachment number 2 \nPage 1 of 7 Item # 22 2 Ordinance No. 8553-14 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 7 Item # 22 Exhibit A LEGAL DESCRIPTIONS ATA2014 -0100 1 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-83970-000-0550 Lot 55 1940 North Betty Lane Together with all of abutting Right of Way of North Betty Lane. The above in SOUTH BINGHAMTON PARK subdivision, as recorded in PLAT BOOK 12, PAGE 81, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-28098-000-0120 Lot 12 1258 Sedeeva Circle North 3. 03-29-15-28098-000-0350 Lot 35 1978 North Betty Lane Together with all of the Sedeeva Circle North Right of Way abutting Lot 12. The above in FLORADEL subdivision, as recorded in PLAT BOOK 15, PAGE 7, of the Public Records of Pinellas County, Florida; ========================================================================================= No. Parcel ID Legal Description Address 4. 03-29-15-12060-003-0060 Block C, Lot 6 2084 Lantana Avenue 5. 03-29-15-12060-003-0090 Block C, Lot 9 2075 The Mall Together with all of the Lantana Avenue Right of Way abutting Lot 6, Block C. All the above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 6. 03-29-15-15840-001-0160 Block A, Lot 16 1241 Union Street All the above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Attachment number 2 \nPage 3 of 7 Item # 22 Exhibit B 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 60 4 0 40 40 15 87.7 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 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 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 14 15 16 2021222324 (25) 1 2 10 11 15 16 17 18 19 20 21 22 2324252627282930 15 16 17 18 19 20 21 22 2324252627282930 11 12 13 14 1516 17 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 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 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 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 12 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 21060 I J 11 13 14 15 6 9 10 11 1 2 3 5 6 7 8 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 95 96 97 98 99 100 77 78 79 80 101102103104105 72737475 76 106 107108 109 110 111 2 3 1 1 1 1 1 DUNEDIN RU RU RU RU RM RU RU RU RM RU UNION ST IDLEWILD DR BETTY LN WOO D L AW N TE R PALM ST THE MALL P O I NSE T TA AV E BERMUDA ST LANTANA AVE 13 3 1 13 1 7 13 4 1 12 4 4 2014 2066 12 7 1 12 6 3 13 3 0 13 2 2 2080 13 4 5 2068 2070 2072 13 1 0 13 0 0 2026 2028 13 1 0 13 0 0 2025 13 2 5 13 1 7 13 0 1 12 9 5 12 8 7 12 8 3 12 7 7 12 7 3 12 6 5 12 6 1 12 5 3 12 4 9 12 4 5 12 4 1 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 12 9 0 12 8 4 12 8 0 12 6 6 12 9 3 12 4 5 12 8 2 12 8 3 12 6 3 2060 1333 13 2 1 13 2 5 2020 2067 13 3 7 2048 2050 2058 20252021 12 5 5 2088 2040 2044 12 5 9 2077 2076 2063 2049 2057 2084 2071 2077 2081 2075 2079 2071 13 5 3 13 4 9 2000 2049 2053 2067 2080 13 0 9 2071 2079 2083 2047 2048 2052 2063 2065 2069 2010 2019 12 9 1 12 7 1 12 6 7 12 3 5 2024 2028 2030 12 9 6 12 8 6 2021 20272026 12 6 6 12 6 2 12 3 4 12 3 5 12 9 2 12 7 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 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 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 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 3 9 12 3 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 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 1999 1997 2056 2064 2035 20392043 2017 2075 20312015 12 4 4 ½ ON.T.S Future Land Use Map 1 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B RU RU RU Attachment number 2 \nPage 4 of 7 Item # 22 Exhibit B PIN (Address): 1. 03-29-15-83970-000-0550 (1940 North Betty Lane) 2. 03-29-15-28098-000-0350 (1978 North Betty Lane) 3. 03-29-15-12060-003-0060 (2084 Lantana Avenue) 4. 03-29-15-28098-000-0120 (1258 Sedeeva Circle North) 5. 03-29-15-12060-003-0090 (2075 The Mall) 6. 03-29-15-15840-001-0160 (1241 Union Street) Attachment number 2 \nPage 5 of 7 Item # 22 Exhibit C LA K 60 60 60 60 60 60 6060 60 60 80 60 80 38 30 60 60 60 40 60 38 60 60 45 45 60 45 30 40 3 0 40 28098 83 9 7 0 87912 M O O G C 4 6 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 12345678910111213 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 7 8 9 10 11 12 13 14 15 16 17 18 1920212223 1234 5 10 11 12 13 14 12 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 7 1415 1617 1819 2021 2223 2425 2627 2829 3233 3435 3637 3839 4041 4243 4445 4647 49 50 51 52 53 54 55 56 14 5 6 7 12 13 14 5 6 7 8 4 5 6 7 8 22 1 1 1 1 1 1 RU RU RU RU RU R/OS RU RU RU RM RU RU BE T T Y L N STAT E ST WOODLAWN TER SEDEEVA CIR N CHENANGO AVE BERTLAND WAY COLES RD MACOMBER AVE ALOHA LN 12 9 0 1910 1936 1932 1950 1952 12 9 4 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1938 1936 1930 1918 1942 1969 13 2 7 19261928 2014 12 2 4 13 1 0 13 0 0 1994 2025 1979 1971 13 2 9 1925 1923 1913 1915 1917 12 1 9 12 1 5 1918 1924 1926 1932 1938 1936 1940 1920 1928 1918 1920 12 8 5 1949 1933 1943 12 3 0 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 1961 1963 12 5 5 12 5 1 12 3 7 1239 1278 1276 1274 1272 1270 1268 1266 1264 1260 1256 1244 1240 1236 1234 1230 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 5 2 12 4 6 1981 1987 12 2 4 12 3 1 12 2 6 12 2 0 12 1 6 12 3 3 12 2 5 12 3 2 12 2 6 12 2 1 12 2 9 12 3 3 12 3 7 12 7 3 12 9 5 12 4 4 1940 12 9 5 1992 1927 13 1935 1921 1919 1927 1931 1933 1937 12 8 7 1940 1944 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 1 12 7 7 1947 1978 12 8 3 12 6 7 1969 1245 1249 1251 1257 1261 1258 12 9 6 12 8 6 12 12 6 12 6 0 12 5 6 12 3 12 3 4 1999 1997 1996 1995 17 12 1 8 12 1 6 12 2 3 12 2 2 12 4 4 ON.T.S Future Land Use Map 2 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B RU RU RU Attachment number 2 \nPage 6 of 7 Item # 22 Exhibit C PIN (Address): 1. 03-29-15-83970-000-0550 (1940 North Betty Lane) 2. 03-29-15-28098-000-0350 (1978 North Betty Lane) 3. 03-29-15-12060-003-0060 (2084 Lantana Avenue) 4. 03-29-15-28098-000-0120 (1258 Sedeeva Circle North) 5. 03-29-15-12060-003-0090 (2075 The Mall) 6. 03-29-15-15840-001-0160 (1241 Union Street) Attachment number 2 \nPage 7 of 7 Item # 22 Ordinance No. 8554.14 ORDINANCE NO. 8554-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES 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 03 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1940 NORTH BETTY LANE, 1258 SEDEEVA CIRCLE NORTH, 1978 NORTH BETTY LANE, 2084 LANTANA AVENUE, 2075 THE MALL, 1241 UNION STREET, ALL IN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHT OF WAYS OF: NORTH BETTY LANE, SEDEEVA CIRCLE NORTH AND LANTANA AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The maps attached as Exhibit B and C 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. 8552-14. PASSED ON FIRST READING PASSED ON SECOND AND FINAL Property Zoning District SEE ATTACHED EXHIBIT A Low Medium Density Residential (LMDR) (ATA2014-01001) Attachment number 3 \nPage 1 of 7 Item # 22 2 Ordinance No. 8554-14 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 3 \nPage 2 of 7 Item # 22 Exhibit A LEGAL DESCRIPTIONS ATA2014 -0100 1 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-83970-000-0550 Lot 55 1940 North Betty Lane Together with all of abutting Right of Way of North Betty Lane. The above in SOUTH BINGHAMTON PARK subdivision, as recorded in PLAT BOOK 12, PAGE 81, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 2. 03-29-15-28098-000-0120 Lot 12 1258 Sedeeva Circle North 3. 03-29-15-28098-000-0350 Lot 35 1978 North Betty Lane Together with all of the Sedeeva Circle North Right of Way abutting Lot 12. The above in FLORADEL subdivision, as recorded in PLAT BOOK 15, PAGE 7, of the Public Records of Pinellas County, Florida; ========================================================================================= No. Parcel ID Legal Description Address 4. 03-29-15-12060-003-0060 Block C, Lot 6 2084 Lantana Avenue 5. 03-29-15-12060-003-0090 Block C, Lot 9 2075 The Mall Together with all of the Lantana Avenue Right of Way abutting Lot 6, Block C. All the above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 6. 03-29-15-15840-001-0160 Block A, Lot 16 1241 Union Street All the above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida. Attachment number 3 \nPage 3 of 7 Item # 22 Exhibit B 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 60 40 40 40 15 87.7 12060 15840 46998 80388 ABC F G H K L M M A B C A B C E TRACT "B" 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 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 14 15 16 21222324 (25) 1 2 10 11 14 15 16 17 18 19 20 21 22 232425262728293031 14 15 16 17 18 19 20 21 22 232425262728293031 10 11 12 13 14 1516 17 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 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 21 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 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 210 I J 11 13 14 15 16 9 10 11 1 2 3 5 6 7 8 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 97 98 99 100 77 78 79 80 101102103104105 72737475 76 106 107108 109 110 111 2 3 1 1 1 1 1 DUNEDIN UNION ST IDLEWILD DR BETTY LN WOODLAWN TER PALM ST THE MALL PO I NSE T TA AV E BERMUDA ST LANTANA AVE LMDR MDR LMDR 13 3 1 13 2 1 13 2 5 13 1 7 12 4 4 13 3 0 13 2 2 13 0 9 2083 13 1 0 13 0 0 13 1 0 2025 13 2 5 13 1 7 12 9 5 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 9 1 12 9 6 2020 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 9 0 12 8 4 12 8 0 12 7 2 12 9 3 12 8 2 12 8 3 133 3 LMDR LMDR 2020 2067 13 4 1 13 3 7 2048 2050 2058 20252021 12 5 5 2088 2040 2044 2014 2066 12 5 9 12 7 1 12 6 3 2077 2076 2063 2049 2057 2080 2084 2071 2077 2081 13 4 5 207 207 207 13 4 9 2000 2049 2053 2067 2068 2070 2072 2080 2071 2079 2047 2048 2052 2063 2065 2069 2010 2026 2028 13 0 0 201913 0 1 12 9 1 2022 2024 2028 2030 12 8 6 2021 2027 2022 2026 12 6 6 12 6 2 12 3 4 12 6 1 12 5 7 12 4 5 12 4 3 12 3 5 12 9 2 12 6 6 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 3 1 204412 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 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 2060 2064 206612 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 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 5 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 1999 1997 2060 2056 2064 2035 20392043 2017 2075 2031 2 0 1 5 12 4 4 ½ ON.T.S Zoning Map 1 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LMDR LM D R Attachment number 3 \nPage 4 of 7 Item # 22 Exhibit B PIN (Address): 1. 03-29-15-83970-000-0550 (1940 North Betty Lane) 2. 03-29-15-28098-000-0350 (1978 North Betty Lane) 3. 03-29-15-12060-003-0060 (2084 Lantana Avenue) 4. 03-29-15-28098-000-0120 (1258 Sedeeva Circle North) 5. 03-29-15-12060-003-0090 (2075 The Mall) 6. 03-29-15-15840-001-0160 (1241 Union Street) Attachment number 3 \nPage 5 of 7 Item # 22 Exhibit C LAKE 60 60 60 60 60 60 6060 60 60 80 60 80 38 30 60 60 60 40 60 38 60 60 45 45 60 45 30 40 3 0 40 28098 83 9 7 0 87912 M O O G C 4 5 6 11 12 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 12345678910111213 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 7 8 9 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19202122 1234 5 10 11 12 13 14 12 13 2122 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 7 8 15 1617 1819 2021 2223 2425 2627 2829 3435 3637 3839 4041 4243 4445 4647 50 51 52 53 54 55 56 5 6 7 13 14 6 7 8 4 5 6 7 8 22 1 1 1 1 1 1 BE T T Y L N STAT E ST SEDEEVA CIR N CHENANGO AVE BERTLAND WAY COLES RD MACOMBER AVE ALOHA LN LMDR OS/R LMDR MDR 12 9 0 1950 1952 12 9 4 12 9 0 12 8 6 1942 1969 13 2 7 12 4 4 1928 2014 12 2 4 13 1 0 13 0 0 2025 1979 1971 13 2 9 1927 1925 1923 1913 1915 19 17 12 1 9 1918 1924 1926 1932 1938 1936 1940 1920 1928 1920 1947 1949 19 33 1943 12 3 0 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 1961 196912 5 5 12 5 1 12 3 7 1239 1278 1276 1274 1272 1270 1268 1266 1264 1260 1256 1244 1240 1236 1234 1230 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 5 3 12 4 9 12 4 5 12 4 1 12 3 5 12 3 1 12 2 5 12 9 6 12 6 0 12 5 6 12 5 2 12 4 6 1981 12 1 6 12 3 1 12 2 6 12 2 0 12 3 3 12 2 5 12 3 2 12 2 6 12 2 9 12 3 3 12 3 7 LMDR LMDR 1936 1932 12 8 2 12 7 8 12 7 4 12 7 3 1938 1936 1930 1918 12 9 5 1940 1926 12 9 5 2010 1992 1994 12 1 5 1935 1921 1919 1927 1931 1933 1937 12 8 7 1940 1944 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 1978 1974 12 8 3 1963 1245 1249 1251 1257 1261 1258 12 6 5 12 6 1 2022 12 8 6 12 6 6 12 6 2 12 3 2 12 3 4 1999 1997 1987 1996 1995 7 12 2 4 12 1 8 12 1 6 2 0 12 4 4 ½ ON.T.S Zoning Map 2 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LMDR LMDR LM D R Attachment number 3 \nPage 6 of 7 Item # 22 Exhibit C PIN (Address): 1. 03-29-15-83970-000-0550 (1940 North Betty Lane) 2. 03-29-15-28098-000-0350 (1978 North Betty Lane) 3. 03-29-15-12060-003-0060 (2084 Lantana Avenue) 4. 03-29-15-28098-000-0120 (1258 Sedeeva Circle North) 5. 03-29-15-12060-003-0090 (2075 The Mall) 6. 03-29-15-15840-001-0160 (1241 Union Street) Attachment number 3 \nPage 7 of 7 Item # 22 [[ [ [ [ DUNEDIN ON.T.S Location Map Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B Attachment number 4 \nPage 1 of 18 Item # 22 1241 2075 2084 UNION ST UNION ST IDLEWILD DR IDLEWILD DR BETTY LN BETTY LN WOODLAWN TER WOODLAWN TER PALM ST PALM ST THE MALL THE MALL PO I N S E T T A A V E PO I N S E T T A A V E BERMUDA ST BERMUDA ST LANTANA AVE LANTANA AVE ARBELIA ST ARBELIA ST SHO RE DR SHO RE DR PINECREST WAY PINECREST WAY ON.T.S Aerial Photograph 1 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B Attachment number 4 \nPage 2 of 18 Item # 22 12 5 8 1978 1940 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 POINSETTA AVE POINSETTA AVE ALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD ON.T.S Aerial Photograph 2 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B Attachment number 4 \nPage 3 of 18 Item # 22 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 60 4 0 40 40 15 87.7 12060 15840 46998 80388 ABC F G H K L M M A B C A B C E TRACT "B" 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 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 14 15 16 2021222324 (25) 1 2 10 11 15 16 17 18 19 20 21 22 2324252627282930 15 16 17 18 19 20 21 22 2324252627282930 11 12 13141516 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 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 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 12 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 21060 I J 1 13 14 15 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 100 77 78 79 80 101102103104105 72737475 76 106 107108 109 110 111 2 3 1 1 1 1 1 DUNEDIN UNION ST IDLEWILD DR BE T T Y L N WOO D L AWN TER PALM ST THE MALL PO I NSE T TA AV E BERMUDA ST LANTANA AVE 13 3 1 13 2 1 13 2 5 13 1 7 12 4 4 13 3 0 13 2 2 13 0 9 2083 13 1 0 13 0 0 13 1 0 2025 13 2 5 13 1 7 12 9 5 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 9 1 12 9 6 2020 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 12 9 0 12 8 4 12 8 0 12 7 2 12 9 3 12 8 2 12 8 3 133 3 2020 2067 13 4 1 13 3 7 2048 2050 2058 20252021 12 5 5 2088 2040 2044 2014 2066 12 5 9 12 7 1 12 6 3 2077 2076 2063 2049 2057 2080 2084 2071 2077 2081 13 4 5 2075 2079 2071 13 5 3 13 4 9 2000 2049 2053 2067 2068 2070 2072 2080 2071 2079 2047 2048 2052 2063 2065 2069 2010 2026 2028 13 0 0 201913 0 1 12 9 1 12 3 5 2022 2024 2028 2030 12 8 6 2021 2027 2022 2026 12 6 6 12 6 2 12 3 4 12 9 2 12 6 6 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 204412 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 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 2060 2064 206612 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 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 5 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 1999 1997 2060 2056 2064 2035 20392043 2017 2075 2031 2 0 1 5 12 4 4 ½ ON.T.S Proposed Annexation Map 1 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B Attachment number 4 \nPage 4 of 18 Item # 22 LAKE 60 60 60 60 60 60 6060 60 60 80 60 80 38 30 60 60 60 40 60 38 60 60 45 45 60 45 30 40 3 0 40 28098 83 9 7 0 87912 M O O G C 4 6 12 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 12345678910111213 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 7 8 9 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19202122 1234 5 10 11 12 13 14 12 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 7 1415 1617 1819 2021 2223 2425 2627 2829 3233 3435 3637 3839 4041 4243 4445 4647 49 50 51 52 53 54 55 56 5 6 7 12 13 14 5 6 7 8 4 5 6 7 8 22 1 1 1 1 1 1 BE T T Y L N STAT E ST W O O D L AW N T E R SEDEEVA CIR N CHENANGO AVE BERTLAND WAY COLES RD MACOMBER AVE ALOHA LN 12 9 0 1950 1952 12 9 4 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1918 1942 1969 13 2 7 1928 2014 12 2 4 13 1 0 13 0 0 2025 1979 1971 13 2 9 1927 1925 1923 1913 1915 19 17 12 1 9 12 1 5 1918 1924 1926 1932 1938 1936 1940 1920 1928 1920 1947 1949 19 33 1943 12 3 0 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 1961 196912 5 5 12 5 1 12 3 7 1239 1278 1276 1274 1272 1270 1268 1266 1264 1260 1256 1244 1240 1236 1234 1230 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 9 6 12 5 2 12 4 6 1981 12 3 1 12 2 6 12 2 0 12 3 3 12 2 5 12 3 2 12 2 6 12 2 9 12 3 3 12 3 7 1910 1936 1932 12 7 3 1938 1936 1930 12 9 5 12 4 4 1940 1926 12 9 5 1992 1994 3 1935 1921 1919 1927 1931 1933 1937 12 8 7 1918 1940 1944 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 1978 1974 12 8 3 1963 1245 1249 1251 1257 1261 1258 12 8 6 12 6 12 6 12 6 0 12 5 6 12 3 12 3 4 1999 1997 1987 1996 1995 7 12 2 4 12 1 8 12 1 6 12 1 6 2 12 4 4 ON.T.S Proposed Annexation Map 2 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B Attachment number 4 \nPage 5 of 18 Item # 22 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 60 4 0 40 40 15 87.7 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 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 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 14 15 16 2021222324 (25) 1 2 10 11 15 16 17 18 19 20 21 22 2324252627282930 15 16 17 18 19 20 21 22 2324252627282930 11 12 13 14 1516 17 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 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 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 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 12 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 21060 I J 11 13 14 15 6 9 10 11 1 2 3 5 6 7 8 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 95 96 97 98 99 100 77 78 79 80 101102103104105 72737475 76 106 107108 109 110 111 2 3 1 1 1 1 1 DUNEDIN RU RU RU RU RM RU RU RU RM RU UNION ST IDLEWILD DR BETTY LN WOO DL AWN TE R PALM ST THE MALL PO I NSE T TA AV E BERMUDA ST LANTANA AVE 13 3 1 13 1 7 13 4 1 12 4 4 2014 2066 12 7 1 12 6 3 13 3 0 13 2 2 2080 13 4 5 2068 2070 2072 13 1 0 13 0 0 2026 2028 13 1 0 13 0 0 2025 13 2 5 13 1 7 13 0 1 12 9 5 12 8 7 12 8 3 12 7 7 12 7 3 12 6 5 12 6 1 12 5 3 12 4 9 12 4 5 12 4 1 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 12 9 0 12 8 4 12 8 0 12 6 6 12 9 3 12 4 5 12 8 2 12 8 3 12 6 3 2060 1333 13 2 1 13 2 5 2020 2067 13 3 7 2048 2050 2058 20252021 12 5 5 2088 2040 2044 12 5 9 2077 2076 2063 2049 2057 2084 2071 2077 2081 2075 2079 2071 13 5 3 13 4 9 2000 2049 2053 2067 2080 13 0 9 2071 2079 2083 2047 2048 2052 2063 2065 2069 2010 2019 12 9 1 12 7 1 12 6 7 12 3 5 2024 2028 2030 12 9 6 12 8 6 2021 20272026 12 6 6 12 6 2 12 3 4 12 3 5 12 9 2 12 7 2 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 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 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 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 3 9 12 3 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 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 1999 1997 2056 2064 2035 20392043 2017 2075 20312015 12 4 4 ½ ON.T.S Future Land Use Map 1 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B RU RU RU Attachment number 4 \nPage 6 of 18 Item # 22 LA K 60 60 60 60 60 60 6060 60 60 80 60 80 38 30 60 60 60 40 60 38 60 60 45 45 60 45 30 40 3 0 40 28098 83 9 7 0 87912 M O O G C 4 6 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 12345678910111213 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 7 8 9 10 11 12 13 14 15 16 17 18 1920212223 1234 5 10 11 12 13 14 12 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 7 1415 1617 1819 2021 2223 2425 2627 2829 3233 3435 3637 3839 4041 4243 4445 4647 49 50 51 52 53 54 55 56 14 5 6 7 12 13 14 5 6 7 8 4 5 6 7 8 22 1 1 1 1 1 1 RU RU RU RU RU R/OS RU RU RU RM RU RU BE T T Y L N STAT E ST WOODLAWN TER SEDEEVA CIR N CHENANGO AVE BERTLAND WAY COLES RD MACOMBER AVE ALOHA LN 12 9 0 1910 1936 1932 1950 1952 12 9 4 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1938 1936 1930 1918 1942 1969 13 2 7 19261928 2014 12 2 4 13 1 0 13 0 0 1994 2025 1979 1971 13 2 9 1925 1923 1913 1915 1917 12 1 9 12 1 5 1918 1924 1926 1932 1938 1936 1940 1920 1928 1918 1920 12 8 5 1949 1933 1943 12 3 0 1946 1952 1954 1958 1960 1962 1964 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 1961 1963 12 5 5 12 5 1 12 3 7 1239 1278 1276 1274 1272 1270 1268 1266 1264 1260 1256 1244 1240 1236 1234 1230 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 5 2 12 4 6 1981 1987 12 2 4 12 3 1 12 2 6 12 2 0 12 1 6 12 3 3 12 2 5 12 3 2 12 2 6 12 2 1 12 2 9 12 3 3 12 3 7 12 7 3 12 9 5 12 4 4 1940 12 9 5 1992 1927 13 1935 1921 1919 1927 1931 1933 1937 12 8 7 1940 1944 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 1 12 7 7 1947 1978 12 8 3 12 6 7 1969 1245 1249 1251 1257 1261 1258 12 9 6 12 8 6 12 12 6 12 6 0 12 5 6 12 3 12 3 4 1999 1997 1996 1995 17 12 1 8 12 1 6 12 2 3 12 2 2 12 4 4 ON.T.S Future Land Use Map 2 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B RU RU RU Attachment number 4 \nPage 7 of 18 Item # 22 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 60 40 40 40 15 87.7 12060 15840 46998 80388 ABC F G H K L M M A B C A B C E TRACT "B" 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 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 14 15 16 21222324 (25) 1 2 10 11 14 15 16 17 18 19 20 21 22 232425262728293031 14 15 16 17 18 19 20 21 22 232425262728293031 10 11 12 13 14 1516 17 1 234 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 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 21 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 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 210 I J 11 13 14 15 16 9 10 11 1 2 3 5 6 7 8 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 97 98 99 100 77 78 79 80 101102103104105 72737475 76 106 107108 109 110 111 2 3 1 1 1 1 1 DUNEDIN UNION ST IDLEWILD DR BETTY LN WOODLAWN TER PALM ST THE MALL PO I NSE T TA AV E BERMUDA ST LANTANA AVE LMDR MDR LMDR 13 3 1 13 2 1 13 2 5 13 1 7 12 4 4 13 3 0 13 2 2 13 0 9 2083 13 1 0 13 0 0 13 1 0 2025 13 2 5 13 1 7 12 9 5 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 9 1 12 9 6 2020 12 6 0 12 5 6 12 5 2 12 4 6 12 6 5 12 9 0 12 8 4 12 8 0 12 7 2 12 9 3 12 8 2 12 8 3 133 3 LMDR LMDR 2020 2067 13 4 1 13 3 7 2048 2050 2058 20252021 12 5 5 2088 2040 2044 2014 2066 12 5 9 12 7 1 12 6 3 2077 2076 2063 2049 2057 2080 2084 2071 2077 2081 13 4 5 207 207 207 13 4 9 2000 2049 2053 2067 2068 2070 2072 2080 2071 2079 2047 2048 2052 2063 2065 2069 2010 2026 2028 13 0 0 201913 0 1 12 9 1 2022 2024 2028 2030 12 8 6 2021 2027 2022 2026 12 6 6 12 6 2 12 3 4 12 6 1 12 5 7 12 4 5 12 4 3 12 3 5 12 9 2 12 6 6 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 12 3 1 204412 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 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 2060 2064 206612 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 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 5 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 1999 1997 2060 2056 2064 2035 20392043 2017 2075 2031 2 0 1 5 12 4 4 ½ ON.T.S Zoning Map 1 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LMDR LM D R Attachment number 4 \nPage 8 of 18 Item # 22 LAKE 60 60 60 60 60 60 6060 60 60 80 60 80 38 30 60 60 60 40 60 38 60 60 45 45 60 45 30 40 3 0 40 28098 83 9 7 0 87912 M O O G C 4 5 6 11 12 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 12345678910111213 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 7 8 9 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19202122 1234 5 10 11 12 13 14 12 13 2122 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 7 8 15 1617 1819 2021 2223 2425 2627 2829 3435 3637 3839 4041 4243 4445 4647 50 51 52 53 54 55 56 5 6 7 13 14 6 7 8 4 5 6 7 8 22 1 1 1 1 1 1 BE T T Y L N STAT E ST SEDEEVA CIR N CHENANGO AVE BERTLAND WAY COLES RD MACOMBER AVE ALOHA LN LMDR OS/R LMDR MDR 12 9 0 1950 1952 12 9 4 12 9 0 12 8 6 1942 1969 13 2 7 12 4 4 1928 2014 12 2 4 13 1 0 13 0 0 2025 1979 1971 13 2 9 1927 1925 1923 1913 1915 19 17 12 1 9 1918 1924 1926 1932 1938 1936 1940 1920 1928 1920 1947 1949 19 33 1943 12 3 0 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 1961 196912 5 5 12 5 1 12 3 7 1239 1278 1276 1274 1272 1270 1268 1266 1264 1260 1256 1244 1240 1236 1234 1230 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 5 3 12 4 9 12 4 5 12 4 1 12 3 5 12 3 1 12 2 5 12 9 6 12 6 0 12 5 6 12 5 2 12 4 6 1981 12 1 6 12 3 1 12 2 6 12 2 0 12 3 3 12 2 5 12 3 2 12 2 6 12 2 9 12 3 3 12 3 7 LMDR LMDR 1936 1932 12 8 2 12 7 8 12 7 4 12 7 3 1938 1936 1930 1918 12 9 5 1940 1926 12 9 5 2010 1992 1994 12 1 5 1935 1921 1919 1927 1931 1933 1937 12 8 7 1940 1944 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 1978 1974 12 8 3 1963 1245 1249 1251 1257 1261 1258 12 6 5 12 6 1 2022 12 8 6 12 6 6 12 6 2 12 3 2 12 3 4 1999 1997 1987 1996 1995 7 12 2 4 12 1 8 12 1 6 2 0 12 4 4 ½ ON.T.S Zoning Map 2 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B LMDR LMDR LM D R Attachment number 4 \nPage 9 of 18 Item # 22 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 87.7 45 60 4 0 40 40 15 87.7 12060 15840 46998 80388 ABC F G H K L M M A B C A B C E TRACT "B" 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 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 14 15 16 2021222324 (25) 1 2 10 11 15 16 17 18 19 20 21 22 2324252627282930 15 16 17 18 19 20 21 22 2324252627282930 11 12 13141516 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 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 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 12 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 21060 I J 1 13 14 15 9 10 11 1 2 3 5 6 7 9 10 1112 13 141516171920212218 1 2 3 4 5 6 7 8 9 1011 100 77 78 79 80 101102103104105 72737475 76 106 107108 109 110 111 2 3 1 1 1 1 1 DUNEDIN UNION ST IDLEWILD DR BE T T Y L N WOO D L AWN TER PALM ST THE MALL PO I NSE T TA AV E BERMUDA ST LANTANA AVE 13 3 1 13 2 1 13 2 5 13 1 7 12 4 4 13 3 0 13 2 2 13 0 9 2083 13 1 0 13 0 0 13 1 0 2025 13 2 5 13 1 7 12 9 5 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 9 1 12 9 6 2020 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 12 9 0 12 8 4 12 8 0 12 7 2 12 9 3 12 8 2 12 8 3 133 3 2020 2067 13 4 1 13 3 7 2048 2050 2058 20252021 12 5 5 2088 2040 2044 2014 2066 12 5 9 12 7 1 12 6 3 2077 2076 2063 2049 2057 2080 2084 2071 2077 2081 13 4 5 2075 2079 2071 13 5 3 13 4 9 2000 2049 2053 2067 2068 2070 2072 2080 2071 2079 2047 2048 2052 2063 2065 2069 2010 2026 2028 13 0 0 201913 0 1 12 9 1 12 3 5 2022 2024 2028 2030 12 8 6 2021 2027 2022 2026 12 6 6 12 6 2 12 3 4 12 9 2 12 6 6 12 6 0 12 5 4 12 5 0 12 4 6 12 4 2 204412 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 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 2060 2064 206612 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 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 5 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 1999 1997 2060 2056 2064 2035 20392043 2017 2075 2031 2 0 1 5 12 4 4 ½ ON.T.S Existing Surrounding Uses Map 1 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B Single Family Residential Single Family Residential Attached Dwellings Attachment number 4 \nPage 10 of 18 Item # 22 LAKE 60 60 60 60 60 60 6060 60 60 80 60 80 38 30 60 60 60 40 60 38 60 60 45 45 60 45 30 40 3 0 40 28098 83 9 7 0 87912 M O O G C 4 6 12 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 12345678910111213 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 7 8 9 16 17 18 7 8 9 10 11 12 13 14 15 16 17 18 19202122 1234 5 10 11 12 13 14 12 13 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 7 1415 1617 1819 2021 2223 2425 2627 2829 3233 3435 3637 3839 4041 4243 4445 4647 49 50 51 52 53 54 55 56 5 6 7 12 13 14 5 6 7 8 4 5 6 7 8 22 1 1 1 1 1 1 BE T T Y L N STAT E ST W O O D L AW N T E R SEDEEVA CIR N CHENANGO AVE BERTLAND WAY COLES RD MACOMBER AVE ALOHA LN 12 9 0 1950 1952 12 9 4 12 9 0 12 8 6 12 8 2 12 7 8 12 7 4 1918 1942 1969 13 2 7 1928 2014 12 2 4 13 1 0 13 0 0 2025 1979 1971 13 2 9 1927 1925 1923 1913 1915 19 17 12 1 9 12 1 5 1918 1924 1926 1932 1938 1936 1940 1920 1928 1920 1947 1949 19 33 1943 12 3 0 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 1961 196912 5 5 12 5 1 12 3 7 1239 1278 1276 1274 1272 1270 1268 1266 1264 1260 1256 1244 1240 1236 1234 1230 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 9 6 12 5 2 12 4 6 1981 12 3 1 12 2 6 12 2 0 12 3 3 12 2 5 12 3 2 12 2 6 12 2 9 12 3 3 12 3 7 1910 1936 1932 12 7 3 1938 1936 1930 12 9 5 12 4 4 1940 1926 12 9 5 1992 1994 3 1935 1921 1919 1927 1931 1933 1937 12 8 7 1918 1940 1944 1921 1923 1925 1927 1929 1937 1941 12 8 9 12 8 5 12 8 1 12 7 7 1978 1974 12 8 3 1963 1245 1249 1251 1257 1261 1258 12 8 6 12 6 12 6 12 6 0 12 5 6 12 3 12 3 4 1999 1997 1987 1996 1995 7 12 2 4 12 1 8 12 1 6 12 1 6 2 12 4 4 ON.T.S Existing Surrounding Uses Map 2 of 2 Owner(s): MULTIPLE OWNERS Case: ATA2014-01001 Site: Idlewild Septic-to-Sewer Project Area: Six lots south of Union Street, east of Douglas Avenue, north of Sunset Point Road (SR 576), and west of Kings Highway Property Size(Acres): ROW(Acres): 0.762 0.211 Land Use Zoning PIN: 6 PARCELS - SEE NEXT PAGE From : To: RU (County) R-4 (County) RU (City) LMDR (City) Atlas Page: 251B Single Family Residential Single Family Residential Attached Dwellings State Street Park Vacant Single Family Residential Attachment number 4 \nPage 11 of 18 Item # 22 PIN (Address): 1. 03-29-15-83970-000-0550 (1940 North Betty Lane) 2. 03-29-15-28098-000-0350 (1978 North Betty Lane) 3. 03-29-15-12060-003-0060 (2084 Lantana Avenue) 4. 03-29-15-28098-000-0120 (1258 Sedeeva Circle North) 5. 03-29-15-12060-003-0090 (2075 The Mall) 6. 03-29-15-15840-001-0160 (1241 Union Street) Attachment number 4 \nPage 12 of 18 Item # 22 View looking south at the subject property1241 Union StreetAcross the street, to the north of the subject property East of the subject propertyWest of the subject property ATA2014-01001 Multiple Owners –IdlewildArea 1241 Union Street View looking easterly along Union StreetView looking westerly along Union Street Attachment number 4 \nPage 13 of 18 Item # 22 View looking east at the subject property2075 The MallAcross the street, to the west of the subject property North of the subject propertySouth of the subject property ATA2014-01001 Multiple Owners –IdlewildArea 2075 The Mall View looking northerly along The MallView looking southerly along The Mall Attachment number 4 \nPage 14 of 18 Item # 22 View looking west at the subject property2084 Lantana AvenueAcross the street, to the east of the subject property North of the subject propertySouth of the subject property ATA2014-01001 Multiple Owners –IdlewildArea 2084 Lantana Avenue View looking northerly along Lantana AvenueView looking southerly along Lantana Avenue Attachment number 4 \nPage 15 of 18 Item # 22 View looking north at the subject property1258 SedeevaCircle NAcross the street, to the south of the subject property East of the subject propertyWest of the subject property ATA2014-01001 Multiple Owners –IdlewildArea 1258 SedeevaCircle North View looking easterly along SedeevaCircle NView looking westerly along SedeevaCircle N Attachment number 4 \nPage 16 of 18 Item # 22 View looking west at the subject property1978 North Betty LaneAcross the street, to the east of the subject property North of the subject propertySouth of the subject property ATA2014-01001 Multiple Owners –IdlewildArea 1978 North Betty Lane View looking northerly along North Betty LaneView looking southerly along North Betty Lane Attachment number 4 \nPage 17 of 18 Item # 22 View looking west at the subject property1940 North Betty LaneAcross the street, to the east of the subject property North of the subject propertySouth of the subject property ATA2014-01001 Multiple Owners –IdlewildArea 1940 North Betty Lane View looking northerly along North Betty LaneView looking southerly along North Betty Lane Attachment number 4 \nPage 18 of 18 Item # 22 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Approve a First Amendment to an existing Development Agreement between Clearwater Grande LLC, (the property owner) and the City of Clearwater, providing for the allocation of up to ten units from the Hotel Density Reserve under Beach by Design, where 80 units were previously obtained on June 19, 2013, for a new overall density of 125.96 units per acre where a maximum density of 150 units per acre is allowed, adopt Resolution 14-08, and authorize the appropriate officials to execute same. (HDA2014-02001) SUMMARY: The 1.437-acre subject property is located on the south side of South Gulfview Boulevard approximately 894 feet west of Gulf Boulevard. The subject property is currently developed with a 91-room hotel (Quality Inn) and its associated parking lot. The existing building is located on the east side of the site and oriented north/south. The property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category. The subject property is located in the Clearwater Pass character district of Beach by Design. The proposal is to amend a previously approved development agreement (DVA2013-03001) providing for the allocation of up to 10 additional units from the Hotel Density Reserve under Beach by Design where 80 units were previously obtained on June 19, 2013 for an overall density of 125.96 units per acre where a maximum density of 150 units per acre is allowed. The requested 10 units will bring the overall number of overnight accommodation rooms to 181 units with an overall density of 125.96 units per acre. The proposed density is below the maximum of 150 units per acre for properties that receive units from the Hotel Density Reserve. On February 14, 2014, a minor revision was approved that primarily reduced the mass of the building. Almost 5000 square feet of area was removed from the parking garage through improved design efficiencies and the use of mechanical lifts on the top floor of the garage. An additional 12 spaces were gained through the revisions for a total of 218 spaces where 206 were originally approved. Other minor design changes include the addition of balconies to many rooms which previously had none, a reduction in building height by three feet four inches and the addition of a roof design which better reflects the Hampton Inn and Suites prototypical roof parapet. On March 3, 2014, the property owner submitted a Flexible Development application to amend the approved development project consistent with the density changes proposed as a part of this development agreement. This First Amendment to an existing Development Agreement proposes to amend the development project to retain the existing 91- rooms in the Quality Inn and to add the requested 10 units to the 80 units already obtained from the Hotel Density Reserve to build a 90-room overnight accommodation to be known as the Hampton Inn and Suites. The development proposal will not degrade the Level of Service (LOS D 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 First Amendment to the Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main provision: · Amends Section 4.2. Parking to be deleted and replaces to read as “The Project shall include 218 parking spaces, as defined in the Community Development Code, of which 211 will be provided by a parking garage with 7 additional surface spaces being provided adjacent to the parking garage. The parking garage, its accesses, and the surface spaces will be shared with the existing adjacent Quality Inn site and contains sufficient parking for both hotels.” Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 23 Return to: City Attorney’s Office City of Clearwater 112 S. Osceola Ave. Clearwater, FL 33756 First Amendment to Development Agreement THIS FIRST AMENDMENT to DEVELOPMENT AGREEMENT (“First Amendment”) is dated the ____ day of April, 2014 and entered into between Clearwater Grande Holdings LLC, a Florida limited liability company (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City Council, the governing body thereof (“City”). Recitals: WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth 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, the City and Developer entered into a Development Agreement dated August 8, 2013 and recorded at Official Records Book 18118, Page 691 in the public records of Pinellas County (“Development Agreement”); WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units (“Hotel Density Reserve”) to be made available for such mid-sized hotel projects; and WHEREAS, the Development Agreement provided eighty (80) units from the Hotel Density Reserve to the Developer to be utilized on 1.43755 acres of real property (as described in the Development Agreement as “Property”); and, WHEREAS, maximum density permitted on the Property, pursuant to Beach by Design, is 150 units per acre; and, WHEREAS, the Developer requests an additional ten (10) units from the Hotel Density Reserve to increase the number of units from the Hotel Density Reserve to ninety (90) and provide for 181 total overnight accommodations on the Property; and, Attachment number 1 \nPage 1 of 4 Item # 23 WHEREAS, upon completion of the project contemplated in the Development Agreement as amended by this First Amendment, the existing hotel will contain its existing 91 units and the new planned hotel will contain 90 units for a total of 181 overnight accommodations, which includes ninety (90) units from the available Beach by Design Hotel Density Reserve (“Amended Project”); and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2011) and any other applicable law; and WHEREAS, the City has determined that, as of the Effective Date of this First Amendment, the proposed project is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required §§ 4-206 and 4- 606 of the Community Development Code; and WHEREAS, at a duly called public meeting on ________, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan associated with the Agreement pursuant to FLD2011-05019, as modified through the minor amendment process on February 25, 2014 (“Site Plan”); WHEREAS, the Owner has requested approval of a further modified design in contemplation of the additional ten (10) units pursuant to FLD2014-03007; and, WHEREAS, Developer has approved this First Amendment and duly authorized certain individuals to execute this Agreement on Developer’s behalf. STATEMENT OF AGREEMENT NOW THEREFORE, 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, 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 1 \nPage 2 of 4 Item # 23 SECTION 3. Number of Hotel Density Reserve Units Allocated. Notwithstanding anything contained in the Development Agreement to the contrary, section 6.1.5 and all references to the number of units allocated by the City pursuant to the Hotel Density Reserve in the Development Agreement and its attachments shall be amended to ninety (90) units. SECTION 4. Parking. Section 4.2 shall be deleted and replaced to read as follows: The Project shall include 218 parking spaces, as defined in the Community Development Code, of which 211 will be provided by a parking garage with 7 additional surface spaces being provided adjacent to the parking garage. The parking garage, its accesses, and the surface spaces will be shared with the existing adjacent Quality Hotel site and contains sufficient parking for both hotels. (See 6.1.4) SECTION 5. Approvals. Notwithstanding anything to the contrary contained in the Development Agreement, including section 6.1.3.2, the Owner shall receive site plan approval for the Amended Project within one year of the effective date of this First Amendment. SECTION 6. Ratification. Except as specifically modified herein, all terms, conditions and obligations contained in the Development Agreement shall retain in full force and effect and are reaffirmed by the parties hereto. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this ___ day of _________________, 2014. In the Presence of: Clearwater Grande Holdings, LLC ______________________________ ______________________________ Print Name: ____________________ Stephen Page, as Manager/Member ______________________________ Print Name: ____________________ As to "Developer" Attachment number 1 \nPage 3 of 4 Item # 23 CITY OF CLEARWATER, FLORIDA ______________________________ By:______________________________ Print Name: ____________________ William B. Horne II, City Manager ______________________________ Print Name: ____________________ As to "City" Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ 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 the ____ day of ___________________, 2014, by Stephen Page, as manager of Clearwater Grande Holdings, LLC, a Florida limited liability company. He is [ ] personally known to me or has [ ] produced __________________________ as identification. ________________________________ Notary Public Print Name: ______________________ My Commission Expires: Attachment number 1 \nPage 4 of 4 Item # 23 Attachment number 2 \nPage 1 of 41 Item # 23 Attachment number 2 \nPage 2 of 41 Item # 23 Attachment number 2 \nPage 3 of 41 Item # 23 Attachment number 2 \nPage 4 of 41 Item # 23 Attachment number 2 \nPage 5 of 41 Item # 23 Attachment number 2 \nPage 6 of 41 Item # 23 Attachment number 2 \nPage 7 of 41 Item # 23 Attachment number 2 \nPage 8 of 41 Item # 23 Attachment number 2 \nPage 9 of 41 Item # 23 Attachment number 2 \nPage 10 of 41 Item # 23 Attachment number 2 \nPage 11 of 41 Item # 23 Attachment number 2 \nPage 12 of 41 Item # 23 Attachment number 2 \nPage 13 of 41 Item # 23 Attachment number 2 \nPage 14 of 41 Item # 23 Attachment number 2 \nPage 15 of 41 Item # 23 Attachment number 2 \nPage 16 of 41 Item # 23 Attachment number 2 \nPage 17 of 41 Item # 23 Attachment number 2 \nPage 18 of 41 Item # 23 Attachment number 2 \nPage 19 of 41 Item # 23 Attachment number 2 \nPage 20 of 41 Item # 23 Attachment number 2 \nPage 21 of 41 Item # 23 Attachment number 2 \nPage 22 of 41 Item # 23 Attachment number 2 \nPage 23 of 41 Item # 23 Attachment number 2 \nPage 24 of 41 Item # 23 Attachment number 2 \nPage 25 of 41 Item # 23 Attachment number 2 \nPage 26 of 41 Item # 23 Attachment number 2 \nPage 27 of 41 Item # 23 Attachment number 2 \nPage 28 of 41 Item # 23 Attachment number 2 \nPage 29 of 41 Item # 23 Attachment number 2 \nPage 30 of 41 Item # 23 Attachment number 2 \nPage 31 of 41 Item # 23 Attachment number 2 \nPage 32 of 41 Item # 23 Attachment number 2 \nPage 33 of 41 Item # 23 Attachment number 2 \nPage 34 of 41 Item # 23 Attachment number 2 \nPage 35 of 41 Item # 23 Attachment number 2 \nPage 36 of 41 Item # 23 Attachment number 2 \nPage 37 of 41 Item # 23 Attachment number 2 \nPage 38 of 41 Item # 23 Attachment number 2 \nPage 39 of 41 Item # 23 Attachment number 2 \nPage 40 of 41 Item # 23 Attachment number 2 \nPage 41 of 41 Item # 23 Attachment number 3 \nPage 1 of 1 Item # 23 SETBA C K TR A S H RO O M MIN +8' C L E A R MI N + 8 ' - 0 " C L R EXIT DRIVE ONLY VA L E T ST A T I O N RE M O T E H O T E L CH E C K I N EL E V A T O R L O B B Y GR E A S E 3' X 4 ' RE C Y C L E RO L L E R 4 YD BIN, WHEELED 4 YD BIN, WHEELED O.H. DOOR: MIN +8' CLEAR EN T R A N C E O N L Y 4 YD BIN, WHEELED ST A I R # 1 UP ST A I R #2 UP STAIR #3 UP 0'- 0 " 1S T F L O O R SW 4 17 19 8 24 2 2627 14 3 1 15 20 4 9 16 21 28 10 5 6 45 36 29 46 37 30 47 39 38 31 48 40 32 42 34 43 SW 8 35 SW 7 SW 6 44 53 52 5154 41 33 50 49 18 25 7 13 11 22 12 23 SW 1 SW 2 SW 5 ON E W A Y UP ON E W A Y ON E W A Y R T U R N ON L Y 6% S L O P E 10 ' T R A N S I T I O N 12 % S L O P E SP E E D R A M P 4 YD BIN, WHEELED ON E W A Y CA R T S T O R FI R S T F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER MARCH 10, 2014 HDA RE-SUMBITTAL A1 0 . 0 1 SH E E T Attachment number 4 \nPage 1 of 20 Item # 23 EL E V A T O R S FI R E C O M M A N D RO O M 20 0 S F STAIR #3 UPDN MENPOOL BATH WOMENPOOL BATH ST A I R # 1 DN UP ST A I R # 2 UP DN 8'- 8 " 2N D F L O O R SW 4 17 19 8 24 2 2627 14 3 1 15 20 4 9 16 21 28 10 5 6 45 36 29 46 37 30 47 39 38 31 48 40 32 42 34 43 SW 8 35 SW 7 SW 6 44 53 52 5154 41 33 50 49 18 25 7 13 11 22 12 23 SW 1 SW 2 SW 5 8' x 1 6 ' CO M P A C T C A R US A B L E B U T NO T A D D E D I N PA R K I N G CO U N T ON E W A Y UPDN R T U R N ON L Y UP DN ON E W A Y R T U R N ON L Y 6% S L O P E 10 ' T R A N S I T I O N 12 % S L O P E SP E E D R A M P 6% S L O P E 10 ' T R A N S I T I O N 12 % S L O P E SP E E D R A M P FI R E P U M P RO O M 19 2 S F SE C O N D F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 0 2 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 2 of 20 Item # 23 EM E R G E N C Y GE N E R A T O R EL E V A T O R S STAIR #3 UPDN ST A I R # 1 DNUP ST A I R # 2 UP DN 17 ' - 4 " 3T H F L O O R SW 4 17 19 8 24 2 2627 14 3 1 15 20 4 9 16 21 28 10 5 6 45 36 29 46 37 30 47 39 38 31 48 40 32 42 34 43 SW 8 35 SW 7 SW 6 44 53 52 5154 41 33 50 49 18 25 7 13 11 22 12 23 SW 1 SW 2 SW 5 8' x 1 6 ' CO M P A C T C A R US A B L E B U T NO T A D D E D I N PA R K I N G CO U N T ON E W A Y UPDN R T U R N ON L Y UP DN ON E W A Y R T U R N ON L Y 6% S L O P E 10 ' T R A N S I T I O N 12 % S L O P E SP E E D R A M P 6% S L O P E 10 ' T R A N S I T I O N 12 % S L O P E SP E E D R A M P TH I R D F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 0 3 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 3 of 20 Item # 23 MO T O R C Y C L E PA R K I N G EL E V A T O R S ST O R A G E STAIR #3 UPDN ST A I R # 1 DNUP ST A I R # 2 UP DN 26 ' - 0 " 4T H F L O O R SW 4 17 19 8 24 2 2627 14 3 1 15 20 4 9 16 21 28 10 5 6 45 36 29 46 37 30 47 39 38 31 48 40 32 42 34 43 SW 8 35 SW 7 SW 6 44 53 52 5154 41 33 50 49 18 25 7 13 11 22 12 23 SW 1 SW 2 SW 5 8' x 1 6 ' CO M P A C T C A R US A B L E B U T NO T A D D E D I N PA R K I N G CO U N T ON E W A Y UPDN R T U R N ON L Y UP DN ON E W A Y R T U R N ON L Y 6% S L O P E 10 ' T R A N S I T I O N 12 % S L O P E SP E E D R A M P 6% S L O P E 10 ' T R A N S I T I O N 12 % S L O P E SP E E D R A M P FO U R T H F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 0 4 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 4 of 20 Item # 23 EL E C T R I C A L EL E V A T O R S MO T O R C Y C L E PA R K I N G STAIR #3 UP DN ST A I R # 1 DN UP ST A I R # 2 UP DN 34 ' - 8 " 5T H F L O O R SW 4 17 19 8 24 2 26 27 14 3 1 15 20 4 9 16 21 28 10 5 6 45 36 29 46 37 30 47 39 38 31 48 40 32 42 34 43 SW 8 35 SW 7 SW 6 44 53 52 5154 41 33 50 49 18 25 7 13 11 22 12 23 SW 1 SW 2 SW 5 8' x 1 6 ' CO M P A C T C A R US A B L E B U T NO T A D D E D I N PA R K I N G CO U N T ON E W A Y UP DN ON E W A Y R T U R N ON L Y 6% S L O P E 10 ' T R A N S I T I O N 12 % S L O P E SP E E D R A M P CA R L I F T CAR LIFTCAR LIFT CA R L I F T CA R L I F T CA R L I F T CA R L I F T CA R L I F T CA R L I F T FUTURECAR LIFTOPTION FUTURECAR LIFTOPTION FUTURECAR LIFTOPTIONFUTURECAR LIFTOPTION FI F T H F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 0 5 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 5 of 20 Item # 23 FI T N E S S 47 ' - 0 " 6T H F L O O R RO O F T E R R A C E SH A D E S T R U C T U R E GA Z E B O MA I N T E N A N C E SH O P MA I N LO B B Y FR O N T DE S K CA R T ST O R A G E ME C H . CO M P / PB X ST O R WO R K AR E A SA L E S ST O R MA N A G E R BU S I N E S S CE N T E R SU I T E SH O P BR E A K F A S T A R E A ME C H FO O D P R E P ST O R ME C H ME E T I N G R O O M # 2 ME N S WO M E N S ME E T I N G R M ST O R A G E FO O D WA R M I N G JA N . ME E T I N G R O O M # 1 97 7 S . F . 56 8 S . F . 55 6 S . F . PA N T R Y FOOD PREP STORAGE ST O R SH E L V I N G SHELVING EM P . B R E A K RO O M EL E V A T O R S PR E - F U N C T I O N AR E A ST O R A G E ST O R A G E DNUP AM E N I T Y D E C K S T O R A G E ST A I R #2 STAIR #3 DN ST A I R #1 DN UP FIRE TA B L E B A R LOW FIRE TABLELOW FIRE TABLE SW 4 17 19 8 14 15 20 9 16 21 10 43 SW 8 35 33 50 18 7 13 11 22 23 SW 1 SW 2 SW 5 SA L E S SI X T H F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 0 6 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 6 of 20 Item # 23 59 ' - 0 " 7T H F L O O R DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " AD A D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " MA N A G E R ' S O F F I C E 12 ' - 0 " x 2 6 ' - 8 " KI N G S O F A 14 ' - 0 " x 2 6 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " AD A K I N G S T U D I O 21 ' - 7 12" x 2 3 ' - 8 " LA U N D R Y LI N E N ST O R A G E RO O F B E L O W OP E N T O B E L O W OP E N T O B E L O W EL E V A T O R S KI N G S T U D I O 21 ' - 7 12" x 1 9 ' - 1 0 " SNAK SODAICE DN UP OP E N T O B E L O W DO U B L E Q U E E N S T U D I O 21 ' - 5 " x 2 3 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " ST O R A G E ST O R A G E ST O R A G E PT A C PT A C PT A C PT A C SLOPE SL O P E SLOPE SLOPE SLOPE SLOPE SL O P E SL O P E SLOPE SLOPE SLOPE SL O P E SL O P E ST A I R #1 SLOPE SLOPE SLOPE SLOPE SLO P E SL O P E SL O P E ST A I R #2 DN UP SW 4 17 19 8 14 15 20 9 16 21 10 18 7 13 11 22 23 SW 1 SW 2 SW 5 VT A C DR Y E R SE V E N T H F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 0 7 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 7 of 20 Item # 23 AD A K I N G 14 ' - 0 " x 2 6 ' - 8 " AD A D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " AD A D O U B L E Q U E E N ST U D I O 25 ' - 1 " x 2 3 ' - 2 - 7 / 8 " LA U N D R Y CH U T E ST O R A G E 69 ' - 0 " 8T H F L O O R DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " AD A D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " KI N G S O F A 14 ' - 0 " x 2 6 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " AD A K I N G S T U D I O 21 ' - 7 12" x 2 3 ' - 8 " EL E V A T O R S DN UP KI N G S T U D I O 21 ' - 7 12" x 1 9 ' - 1 0 " DNUP DO U B L E Q U E E N S T U D I O 21 ' - 5 " x 2 3 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " ST O R A G E ST O R A G E ST O R A G E PT A C PT A C PT A C PT A C SNAK SODAICE ST A I R #1 ST A I R #2 VT A C VT A C SW 4 17 19 8 14 15 20 9 16 21 10 18 7 13 11 22 23 SW 1 SW 2 SW 5 VT A C VT A C EI G H T H F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 0 8 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 8 of 20 Item # 23 LA R G E K I N G 14 ' - 0 " x 2 6 ' - 8 " LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " CU S T O M D O U B L E Q U E E N ST U D I O 25 ' - 1 " x 2 3 ' - 2 - 7 / 8 " LA U N D R Y CH U T E ST O R A G E 79 ' - 0 " 9T H F L O O R DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " KI N G S O F A 14 ' - 0 " x 2 6 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " DO U B L E Q U E E N S T U D I O 21 ' - 7 12" x 2 3 ' - 8 " EL E V A T O R S DN UP KI N G S T U D I O 21 ' - 7 12" x 1 9 ' - 1 0 " DNUP DO U B L E Q U E E N S T U D I O 21 ' - 5 " x 2 3 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " ST O R A G E ST O R A G E ST O R A G E PT A C PT A C PT A C SNAK SODAICE ST A I R #1 ST A I R #2 SW 4 17 19 8 14 15 20 9 16 21 10 18 7 13 11 22 23 SW 1 SW 2 SW 5 VT A C VT A C PT A C NI N T H F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 0 9 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 9 of 20 Item # 23 LA R G E K I N G 14 ' - 0 " x 2 6 ' - 8 " LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " CU S T O M D O U B L E Q U E E N ST U D I O 25 ' - 1 " x 2 3 ' - 2 - 7 / 8 " LA U N D R Y CH U T E ST O R A G E 89 ' - 0 " 10 T H F L O O R DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " KI N G S O F A 14 ' - 0 " x 2 6 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " DO U B L E Q U E E N S T U D I O 21 ' - 7 12" x 2 3 ' - 8 " EL E V A T O R S DN UP KI N G S T U D I O 22 ' - 0 " x 1 9 ' - 1 0 " DNUP DO U B L E Q U E E N S T U D I O 21 ' - 5 " x 2 3 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " ST O R A G E ST O R A G E ST O R A G E PT A C PT A C PT A C EL E V A T O R S ST A I R #1 ST A I R #2 SW 4 17 19 8 14 15 20 9 16 21 10 18 7 13 11 22 23 SW 1 SW 2 SW 5 SNAK SODAICE VT A C VT A C PT A C TE N T H F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 1 0 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 10 of 20 Item # 23 LA R G E K I N G 14 ' - 0 " x 2 6 ' - 8 " LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " CU S T O M D O U B L E Q U E E N ST U D I O 25 ' - 1 " x 2 3 ' - 2 - 7 / 8 " LA U N D R Y CH U T E ST O R A G E 99 ' - 0 " 11 T H F L O O R DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " KI N G S O F A 14 ' - 0 " x 2 6 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " EL E V A T O R S DN UP DNUP DO U B L E Q U E E N S T U D I O 21 ' - 5 " x 2 3 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " ST O R A G E ST O R A G E ST O R A G E PT A C ST A I R #1 ST A I R #2 RD SL O P E RD SL O P E SW 4 17 19 8 14 15 20 9 16 21 10 18 7 13 11 22 23 SW 5 SNAK SODAICE VT A C PT A C PT A C EL E V E N T H F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 1 1 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 11 of 20 Item # 23 LA R G E K I N G 14 ' - 0 " x 2 6 ' - 8 " LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " CU S T O M D O U B L E Q U E E N ST U D I O 25 ' - 1 " x 2 3 ' - 2 - 7 / 8 " LA U N D R Y CH U T E ST O R A G E 10 9 ' - 0 " 12 T H F L O O R DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " KI N G S O F A 14 ' - 0 " x 2 6 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " EL E V A T O R S DN UP DNUP DO U B L E Q U E E N S T U D I O 21 ' - 5 " x 2 3 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " ST O R A G E ST O R A G E ST O R A G E PT A C ST A I R #1 ST A I R #2 SW 4 17 19 8 14 15 20 9 16 21 10 18 7 13 11 22 23 SW 5 SNAK SODAICE PT A C PT A C TW E L V T H F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 1 2 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 12 of 20 Item # 23 LA R G E K I N G 14 ' - 0 " x 2 6 ' - 8 " LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " CU S T O M D O U B L E Q U E E N ST U D I O 25 ' - 1 " x 2 3 ' - 2 - 7 / 8 " LA U N D R Y CH U T E ST O R A G E DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " KI N G S O F A 14 ' - 0 " x 2 6 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " DN UP DNUP DO U B L E Q U E E N S T U D I O 21 ' - 5 " x 2 3 ' - 8 " KI N G 14 ' - 0 " x 2 3 ' - 8 " ST O R A G E ST O R A G E ST O R A G E PT A C 11 9 ' - 0 " 13 T H F L O O R EL E V A T O R S ST A I R #1 ST A I R #2 SW 4 17 19 8 14 15 20 9 16 21 10 18 7 13 11 22 23 SW 5 SNAK SODAICE PT A C PT A C TH I R T E E N T H F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 1 3 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 13 of 20 Item # 23 LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " CU S T O M D O U B L E Q U E E N ST U D I O 25 ' - 1 " x 2 3 ' - 2 - 7 / 8 " LA U N D R Y CH U T E ST O R A G E 12 9 ' - 0 " 14 T H F L O O R DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " LA R G E D O U B L E Q U E E N 16 ' - 0 " x 2 8 ' - 6 " DO U B L E Q U E E N 12 ' - 0 " x 2 6 ' - 8 " KI N G S O F A 14 ' - 0 " x 2 6 ' - 8 " EL E V A T O R S DN DNUP DO U B L E Q U E E N S T U D I O 21 ' - 5 " x 2 3 ' - 8 " ST O R A G E ST O R A G E PT A C KI N G 14 ' - 0 " x 2 3 ' - 8 " ST O R A G E ST A I R #1 ST A I R #2 SW 4 17 19 8 14 15 20 9 16 21 10 18 7 13 11 22 23 SW 5 SNAK SODAICE PT A C CU S T O M D O U B L E Q U E E N ST U D I O 29 ' - 7 " x 2 3 ' - 2 - 7 / 8 " STORAGE PT A C FO U R T E E N T H F L O O R SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 1 4 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 14 of 20 Item # 23 DN ST A I R #1 RD RDRDRD SL O P E SL O P E SL O P E SL O P E SL O P E SL O P E SL O P E RD SL O P E EL E V A T O R OV E R R U N 13 9 ' - 0 " RO O F RO O F P L A N SC A L E : 1 / 8 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A1 0 . 1 5 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 15 of 20 Item # 23 5'-6"138'-6"8'-2"2ND FLOOR 3RD FLOOR 4TH FLOOR T.O. ROOF SLAB6TH FLOOR 7TH FLOOR 8TH FLOOR 9TH FLOOR 10TH FLOOR 11TH FLOOR 12TH FLOOR 13TH FLOOR8'-8"17'-4"26'-0"(VE 13; B.F.E. 13')+5'-6"),567)/225 “ (/ 0'-0"146'-8"47'-0"59'-0"69'-0"79'-0"89'-0"99'-0"109'-0"119'-0"139'-0"133'-6"TOP OF ROOF SL A B OVERALL HEIGHT OF BU I L D I N G 8' - 0 7 8" 10 ' - 0 7 8" 28 ' - 1 1 1 4" 20 ' - 1 1 1 4" 5TH FLOOR 34'-8"IHOP TOP OF PARAPE T 8'-8"8'-8"8'-8"8'-8"12'-4"12'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"14TH FLOOR 129'-0"10'-0" 1 1 2 4 5 6 6 7 9 10 11 12 13 14 16 7 GA R A G E EX I T 8 A GA R A G E I S A N O P E N G A R A G E W I T H 2 0 % O P E N B PA I N T E D S T U C C O T Y P . 1 GE N E R A L N O T E S : KE Y N O T E S : PA I N T E D A L U M I N U M F R A M E S W I T H T R I M - N O GL A Z I N G T Y P . @ P A R K I N G G A R A G E , T R I M C O L O R 2 AL U M I N U M T R E L L I S , T R I M C O L O R . 3 ST A N D I N G S E A M M E T A L R O O F T Y P . 4 AL U M I N U M S H U T T E R O V E R O P E N I N G T Y P . TR I M C O L O R . 5 ST U C C O H D F O A M T R I M B A N D T Y P . 6 GL A Z I N G T Y P . , M U L L I O N S T R I M C O L O R . 7 ST U C C O F O A M D E S I G N O R A R T W O R K 8 AL U M I N U M P I C K E T R A I L , T R I M C O L O R 9 TR I - C O L O R E D C A N O P Y 1011 CO V E R E D E N T R Y W A Y 12 EX I S T I N G Q U A L I T Y I N N 13 EX I S T I N G E C O N O L O D G E 14 CU R V E D T O P A T E N D O F W A L L 1516 DE C O R A T I V E B R A C K E T , T R I M C O L O R . 17 10 ' - 1 " M I N I M U M S P E A R A T I O N F R O M E X I S T I N G BU I L D I N G S T O P R O P O S E D B U I L D I N G S T R U C T U R E DE C O R A T I V E M E T A L S C R E E N , T R I M C O L O R . DE C O R A T I V E O H D F O R C O N D I T I O N E D T R A S H R M NO R T H E L E V A T I O N SC A L E : 3 / 3 2 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A2 0 . 0 1 SH E E T **Quality Inn Elevation has been created from site photos and best information provided. MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 16 of 20 Item # 23 5'-6" 138'-6"8'-2" 2N D F L O O R 3R D F L O O R 4T H F L O O R T. O . R O O F S L A B 6T H F L O O R 7T H F L O O R 8T H F L O O R 9T H F L O O R 10 T H F L O O R 11 T H F L O O R 12 T H F L O O R 13 T H F L O O R 8' - 8 " 17 ' - 4 " 26 ' - 0 " (V E 1 3 ; B . F . E . 1 3 ' ) +5 ' - 6 " ), 5 6 7  ) / 2 2 5  “     ( /  0' - 0 " 146'-8" 47 ' - 0 " 59 ' - 0 " 69 ' - 0 " 79 ' - 0 " 89 ' - 0 " 99 ' - 0 " 10 9 ' - 0 " 11 9 ' - 0 " 13 9 ' - 0 " 133'-6" TO P O F R O O F S L A B OV E R A L L H E I G H T O F B U I L D I N G 5T H F L O O R 34 ' - 8 " TO P O F P A R A P E T 8'-8"8'-8"8'-8"8'-8"12'-4"12'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0" 14 T H F L O O R 12 9 ' - 0 " 10'-0" 3 4 1 2 46 6 5 55 GA R A G E EN T R Y 12 9 9 10 10 16 16 6 7 7 6 6 AGARAGE IS AN OPEN GARAGE WITH 20% OPENBPAINTED STUCCO TYP.1 GENERAL NOTES:KEY NOTES:PAINTED ALUMINUM FRAMES WITH TRIM - NOGLAZING TYP. @ PARKING GARAGE, TRIM COLOR 2ALUMINUM TRELLIS, TRIM COLOR.3STANDING SEAM METAL ROOF TYP.4ALUMINUM SHUTTER OVER OPENING TYP.TRIM COLOR.5STUCCO HD FOAM TRIM BAND TYP.6GLAZING TYP., MULLIONS TRIM COLOR.7STUCCO FOAM DESIGN OR ARTWORK8ALUMINUM PICKET RAIL, TRIM COLOR9TRI-COLORED CANOPY1011COVERED ENTRY WAY12EXISTING QUALITY INN13EXISTING ECONO LODGE14CURVED TOP AT END OF WALL1516DECORATIVE BRACKET, TRIM COLOR.17 10'-1" MINIMUM SPEARATION FROM EXISTINGBUILDINGS TO PROPOSED BUILDING STRUCTUREDECORATIVE METAL SCREEN, TRIM COLOR.DECORATIVE OHD FOR CONDITIONED TRASH RM EA S T E L E V A T I O N SC A L E : 3 / 3 2 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A2 0 . 0 2 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 17 of 20 Item # 23 8'-0"10'-0" 28 ' - 1 1 14" 22 ' - 1 1 3 16 " 20 ' - 1 1 3 16 " 5'-6"138'-6"8'-2"2ND FLOOR 3RD FLOOR 4TH FLOOR T.O. ROOF SLAB6TH FLOOR 7TH FLOOR 8TH FLOOR 9TH FLOOR 10TH FLOOR 11TH FLOOR 12TH FLOOR 13TH FLOOR8'-8"17'-4"26'-0"(VE 13; B.F.E. 13')+5'-6"),567)/225 “ (/ 0'-0"146'-8"47'-0"59'-0"69'-0"79'-0"89'-0"99'-0"109'-0"119'-0"139'-0"133'-6"TOP OF ROOF SLAB OVERALL HEIGHT OF BUILDING5TH FLOOR 34'-8"TOP OF PARAPET8'-8"8'-8"8'-8"8'-8"12'-4"12'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"14TH FLOOR 129'-0"10'-0"1 1 8 2 2 3 4 4 5 5 6 7 7 7 9 9 10 12 13 14 16 16 17 A GA R A G E I S A N O P E N G A R A G E W I T H 2 0 % O P E N B PA I N T E D S T U C C O T Y P . 1 GE N E R A L N O T E S : KE Y N O T E S : PA I N T E D A L U M I N U M F R A M E S W I T H T R I M - N O GL A Z I N G T Y P . @ P A R K I N G G A R A G E , T R I M C O L O R 2 AL U M I N U M T R E L L I S , T R I M C O L O R . 3 ST A N D I N G S E A M M E T A L R O O F T Y P . 4 AL U M I N U M S H U T T E R O V E R O P E N I N G T Y P . TR I M C O L O R . 5 ST U C C O H D F O A M T R I M B A N D T Y P . 6 GL A Z I N G T Y P . , M U L L I O N S T R I M C O L O R . 7 ST U C C O F O A M D E S I G N O R A R T W O R K 8 AL U M I N U M P I C K E T R A I L , T R I M C O L O R 9 TR I - C O L O R E D C A N O P Y 1011 CO V E R E D E N T R Y W A Y 12 EX I S T I N G Q U A L I T Y I N N 13 EX I S T I N G E C O N O L O D G E 14 CU R V E D T O P A T E N D O F W A L L 1516 DE C O R A T I V E B R A C K E T , T R I M C O L O R . 17 10 ' - 1 " M I N I M U M S P E A R A T I O N F R O M E X I S T I N G BU I L D I N G S T O P R O P O S E D B U I L D I N G S T R U C T U R E DE C O R A T I V E M E T A L S C R E E N , T R I M C O L O R . DE C O R A T I V E O H D F O R C O N D I T I O N E D T R A S H R M SO U T H E L E V A T I O N SC A L E : 3 / 3 2 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A2 0 . 0 3 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 18 of 20 Item # 23 5'-6"138'-6"8'-2"2ND FLOOR 3RD FLOOR 4TH FLOOR T.O. ROOF SLAB6TH FLOOR 7TH FLOOR 8TH FLOOR 9TH FLOOR 10TH FLOOR 11TH FLOOR 12TH FLOOR 13TH FLOOR8'-8"17'-4"26'-0"(VE 13; B.F.E. 13')+5'-6"),567)/225 “ (/ 0'-0"146'-8"47'-0"59'-0"69'-0"79'-0"89'-0"99'-0"109'-0"119'-0"139'-0"133'-6"TOP OF ROOF SLAB OVERALL HEIGHT OF BUILDING5TH FLOOR 34'-8"TOP OF PARAPET8'-8"8'-8"8'-8"8'-8"12'-4"12'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"10'-0"14TH FLOOR 129'-0"10'-0" 17 1 1 1 2 2 3 4 4 5 5 6 6 6 79 9 10 10 16 A GA R A G E I S A N O P E N G A R A G E W I T H 2 0 % O P E N B PA I N T E D S T U C C O T Y P . 1 GE N E R A L N O T E S : KE Y N O T E S : PA I N T E D A L U M I N U M F R A M E S W I T H T R I M - N O GL A Z I N G T Y P . @ P A R K I N G G A R A G E , T R I M C O L O R 2 AL U M I N U M T R E L L I S , T R I M C O L O R . 3 ST A N D I N G S E A M M E T A L R O O F T Y P . 4 AL U M I N U M S H U T T E R O V E R O P E N I N G T Y P . TR I M C O L O R . 5 ST U C C O H D F O A M T R I M B A N D T Y P . 6 GL A Z I N G T Y P . , M U L L I O N S T R I M C O L O R . 7 ST U C C O F O A M D E S I G N O R A R T W O R K 8 AL U M I N U M P I C K E T R A I L , T R I M C O L O R 9 TR I - C O L O R E D C A N O P Y 1011 CO V E R E D E N T R Y W A Y 12 EX I S T I N G Q U A L I T Y I N N 13 EX I S T I N G E C O N O L O D G E 14 CU R V E D T O P A T E N D O F W A L L 1516 DE C O R A T I V E B R A C K E T , T R I M C O L O R . 17 10 ' - 1 " M I N I M U M S P E A R A T I O N F R O M E X I S T I N G BU I L D I N G S T O P R O P O S E D B U I L D I N G S T R U C T U R E DE C O R A T I V E M E T A L S C R E E N , T R I M C O L O R . DE C O R A T I V E O H D F O R C O N D I T I O N E D T R A S H R M WE S T E L E V A T I O N SC A L E : 3 / 3 2 " = 1 ' - 0 " STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L DEVELOPEROWNER A2 0 . 0 4 SH E E T MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 19 of 20 Item # 23 STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION 63 5 G u l f v i e w B l v d . C l e a r w a t e r B e a c h , F L MA S S I N G S T U D Y DEVELOPEROWNER A2 0 . 0 5 SH E E T N-W VIE W S- E V I E W N-E VIE W S- W V I E W MARCH 10, 2014 HDA RE-SUMBITTAL Attachment number 4 \nPage 20 of 20 Item # 23 Attachment number 5 \nPage 1 of 3 Item # 23 Attachment number 5 \nPage 2 of 3 Item # 23 Attachment number 5 \nPage 3 of 3 Item # 23 LO C A T I O N M A P AE R I A L M A P ZO N I N G M A P EX I S T I N G S U R R O U N D I N G U S E S M A P Attachment number 6 \nPage 1 of 1 Item # 23 Looking southeast at Quality Inn from S, Gulfview.Looking west at subject property along S. Gulfview. 655 South GulfviewBoulevard HDA2014-02001 Looking east at the west façade of Quality Inn..Looking east from rear of subject property. . Looking west along South Gulfviewfrom subject property.. Looking east along S. Gulfviewfrom subject property Attachment number 7 \nPage 1 of 1 Item # 23 Resolution No. 14-08 RESOLUTION NO. 14-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CLEARWATER GRANDE HOLDINGS, LLC..; PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 8, 2013, the City of Clearwater entered into a Development Agreement with Clearwater Grande Holdings, LLC; and WHEREAS, the City of Clearwater and Clearwater Grande Holdings, LLC are desirous of amending that development agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The First Amendment to Development Agreement between the City of Clearwater and Clearwater Grande, 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 First Amendment to Development Agreement to the state land planning agency no later than fourteen (14) days after the First Amendment to 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 8 \nPage 1 of 1 Item # 23 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Approve the Scope of Services Assignment and the Advisory Services Agreement with Urban Land Institute and authorize the appropriate officials to execute same. (consent) SUMMARY: The Scope of Services will provide direction for the ULI Advisory Service Panel (ASP) regarding the future continued growth and development of downtown Clearwater. The area to be considered is that area delineated in the Clearwater Downtown Redevelopment Plan (CDRP). The CDRP is largely co-terminus with the established community redevelopment area, but contains additional areas not included in the Community Redevelopment Area. The Advisory Service Panel is requested to review and comment on the overall philosophy and direction of the plan. In addition, the panel is being directed to address more specifically the Old Bay District, East Gateway, and the downtown core and waterfront areas. It is anticipated that the panel will conduct their review the week of June 15. A daily summation of the activities and events associated with the week long process is available. In support of this effort, a list of resource persons and a briefing document will be provided to the ULI Advisory Service Panel team. Funding for the ULI contract is budgeted in Special Program project 181-99860, Strategic Direction Action Plan. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 24 1 | Page ULI SCOPE OF SERVICES ASSIGNMENT (April 11, 2014) The City of Clearwater downtown waterfront long served as the commercial and governmental center of the City of Clearwater and Pinellas County. In addition, it has been the gateway to Clearwater beach and a focal point for the community along Clearwater Harbor with the centerpiece being Coachman Park, and more recently the downtown Clearwater marina. While the commercial prominence of downtown Clearwater has declined over the years, it nevertheless retains much of the governmental and institutional uses associated with the City and Pinellas County governmental functions, as well as the institutional land uses associated with being home to the Church of Scientology (COS). In addition, a successful referendum has resulted in advancing negotiations with the Clearwater Marine Aquarium (CMA) for the location of an aquarium of up to 160,000 square feet along Clearwater Harbor along with associated parking and ancillary activities. The current guiding planning document is the Clearwater Downtown Redevelopment Plan (CDRP). The CDRP covers and is largely co-terminus with an area designated as a Community Redevelopment Area (CRA). The redevelopment plan area covers some areas not included in the CRA. The CDRP provides the plan basis for the establishment of the CRA. Both the CDRP and the CRA have been in place for a period in excess of 10 years. During that time, much has changed in and around downtown Clearwater. Furthermore, there are additional changes contemplated such as the CMA proposal for a new aquarium and related parking structure location, possible reallocation/redevelopment of various parcels including relocation of Clearwater City Hall, referendum on regional transit expansion, and if successful, future transit oriented development (TOD) potential. For these and other reasons, the City of Clearwater desires to ensure that a comprehensive and long term view and perspective is in place to guide future decisions with regard to the continued growth and development of downtown Clearwater. While there have been some successes, the pace of change and extent Attachment number 1 \nPage 1 of 5 Item # 24 2 | Page of new as well as re-development does not reflect the level of success commensurate with public and private investment that is desired. Understanding this may be due to factors which may or may not be fully within the control of the City of Clearwater, it has been determined that due to present and future changes, reconfirmation or reorientation of public vision and priorities is a matter of strategic priority at this time. As a beginning step in undertaking this important venture, the City wishes to engage the Urban Land Institute (ULI) in presenting a ULI Advisory Service Panel (“Panel”) to identify and examine the issues and opportunities relative to downtown Clearwater and its continued development priorities as well as relationship to the waterfront and Clearwater Harbor. The work of the Panel will provide a resource to the City of Clearwater as the City works to update the downtown plan, pursue extension of time for CRA authority, and work toward implementation of its strategic plan. The Study Area: The CDRP planning area shall be the area of study. However, there are areas of particular focus which the City Council has determined to be priority areas for ULI Study Panel review and comment. East Gateway – Are current goals/objectives for this area contained in the generally in keeping with desired outcomes or should City strategies be altered to provide new direction? Can we encourage more private development, more community involvement (community gardens); take more advantage of the increasingly visible ethnic community in this area. Old Bay – Old Bay has focused on urban infill development pattern along north Ft. Harrison and residential infill, low, mid, and high rise in certain areas west of Osceola. Recent proposals have advocated for returning working waterfront uses to the Seminole boat ramp area. Should the Old Bay character district be expanded to broaden mix of uses and specially encourage restoration of certain working waterfront uses to the area? Downtown Core – Given the nature and extent of institutional uses in this area (both public and private), what priority strategic consideration should be given to Attachment number 1 \nPage 2 of 5 Item # 24 3 | Page future use of waterfront and other parcels, possible TOD development opportunity, relocation of City Hall, development of CMA on portions of Coachman Park, … The Panel is asked to: Review the CDRP generally for appropriateness in terms of priorities, guiding direction, emphasis on design, existing and proposed use, relationship of downtown to the waterfront, use of Coachman Park as a City and regional asset, areas of need for continued enhancement, facility or asset modifications that will enhance public access and enjoyment and further the development of the downtown and waterfront as an economic driver. For example; 1. Evaluate and comment on to what extent the downtown waterfront is a soft asset improving the quality of life for city residents and visitors and a hard asset contributing to direct economic investment and development; 2. Identify the competitive advantages that Clearwater has in attracting new investment and the existing and possible contributions downtown and the waterfront can have in support of those advantages; 3. Identify the competitive disadvantages which the City of Clearwater has the ability to control, and for which positive changes can strengthen downtown Clearwater and the downtown waterfront as both a soft and hard asset for both the near and long term; 4. Comment on the development and integration of CMA and related parking facilities into the downtown/waterfront mix and how the City may best maximize the value of this asset to improve downtown Clearwater and the downtown waterfront both as a soft and hard asset; 5. Comment on how the City of Clearwater can continue to build on and increase its connection to the waterfront and creating an increasingly symbiotic relationship between downtown and the Clearwater Harbor; 6. Comment on how to maximize benefit of improved multimodal connectivity between downtown, Clearwater Beach, promote development of urban corridors; Attachment number 1 \nPage 3 of 5 Item # 24 4 | Page 7. Comment on properties acquired for multi-modal/rail development and potential TOD development relative to enhancing regional connectivity; 8. Evaluate general urban design considerations relative to the goal of improving the functionality and beauty of downtown and the waterfront; 9. Comment on a desirable mix of residential, office, institutional, technology industry uses and possible timing of emphasizing or promoting these uses for downtown Clearwater; 10. Review multimodal linkages to and within the downtown waterfront to identify viable enhancements, including; a. Pedestrian; b. Bicycle; c. Mass transit; d. Water craft; e. Automobile ( including parking) 11. Review of current waterfront park functions and amenities to identify viable enhancements, including; a. Active and passive park uses; b. Public art; c. Events; d. Facilities. 12. Review Status of Institutional Uses in the downtown core and contemplate and suggest strategies of how to leverage and/or mitigate extent of this allocation of land use for purposes of creating a positive climate for continued economic development. For all of these specific topics the Panel is asked to evaluate the validity and appropriateness of the City’s current vision for downtown and lay out potential and appropriate changes to that vision. Further, it is desired that the panel suggest possible approaches and/or strategies to achieving that vision, articulate defensible best practices that support these approaches and strategies, and when possible, highlight relevant case study examples that demonstrate successful Attachment number 1 \nPage 4 of 5 Item # 24 5 | Page application of such an approach, including, where possible, potential issues or lessons learned. Attachment number 1 \nPage 5 of 5 Item # 24       Attachment number 2 \nPage 1 of 1 Item # 24 ULI Advisory Services Agreement City of Clearwater, Florida Page 1 of 4 ULI-The Urban Land Institute Advisory Services Agreement City of Clearwater, Florida This Agreement constitutes a binding contract between the City of Clearwater, Florida (Sponsor) and ULI-the Urban Land Institute (Institute or ULI). As part of its purpose, the Institute maintains an Advisory Services Program for the purpose of benefiting the general public through improved planning and utilization of urban land. The Sponsor wishes to obtain advice and recommendations from the Institute on future development and planning issues for the Sponsor. See Attachment A for a Scope of Work. Pursuant to this Agreement, the Institute agrees: 1. To provide a panel composed of members of the Institute and others who collectively have a varied and broad experience and knowledge applicable to the particular problems to be considered. 2. To arrange for the panel members to visit the location upon which its recommendations are sought on or about June15, 2014. During that time the panel, directly and through its staff, will study the designated area; consult with public and private officials, representatives of other relevant organizations, and other individuals familiar with the problems involved; and prepare its conclusions and recommendations which will be presented to the Sponsor and its invited guests in oral form at the close of the on-site assignment. 3. To provide the Sponsor with a full-color written summary of its conclusions and recommendations illustrated with photographs and drawings, as appropriate. The sponsor will be provided a draft copy of the report within 90 days of the panel completion. 4. To absorb the travel and living expenses of its panel and staff while on site. 5. To provide customary workers’ compensation and liability insurance for the panel members and the Institute’s employees. The Sponsor agrees, at its expense: 1. To furnish the each panel member, not less than 10 days in advance of the panel meeting, such pertinent background data in the form of reports, plans, charts, etc., as may be presently available or readily developed for the preliminary study of the panel, prior to its inspection on site. Two copies are to be sent to the ULI Project Manager. 2. To arrange, insofar as possible, to have appropriate persons, including public and private officials, representatives of the relevant organizations, and others, available for the purpose of consulting with and furnishing information to the panel on Attachment number 3 \nPage 1 of 4 Item # 24 ULI Advisory Services Agreement City of Clearwater, Florida Page 2 of 4 specific matters relevant to the assignment as may be necessary and advisable during the period of the panel's visit. 3. In return for the advice and recommendations of the Institute, to pay the Institute the total sum of $125,000. The first installation of $60,000 will be paid upon signing of this agreement. The second installment of $60,000 will be paid upon presentation of the panel’s recommendations. The third and final payment of $5,000 will be paid when the Sponsor receives the final report. In the event the Sponsor cancels the panel assignment, the initial payment is non-refundable and Sponsor shall be responsible for any additional costs incurred by ULI up to the date of cancellation. It is understood that the fee paid by the Sponsor to the Institute is to be used to cover the costs of the panel assignment and to support and encourage the Institute's research and educational programs. The Sponsor may make such noncommercial use of the report as it may deem desirable. It is further understood that the Institute may make such noncommercial use of the report prepared of the panel's findings and recommendations as it may deem desirable, and the Sponsor herewith specifically agrees that the Institute may publish and disseminate such report or any part thereof in conjunction with its research and educational programs. Each party shall indemnify, save, defend and hold harmless the other, its elected/appointed officials, officers, directors, employees and agents from any and all liability, claims, suits, demands, actions, damages and expenses (including reasonable attorney fees) of whatsoever kind and by whomsoever brought against the indemnified party, its elected/appointed officials, officers, directors, employees and agents, arising from or in connection with any willful or negligent act, error or omission of the indemnifying party, its elected/appointed officials, officers, directors, employees, and agents in the performance of this Agreement. Each party’s aggregate liability for damages of any nature shall be limited to the amount of the fee under this agreement. In no event will either party be responsible for incidental or consequential damages arising out of the services it provides under this Agreement. ULI is acting in the capacity of an independent contractor hereunder and not as an employee, or agent of, or joint venturer with Sponsor. The performance of this Agreement by either party is subject to acts of God, war or threat of war, government regulation, acts of terrorism, disaster, fire, strikes, civil disorder, public health crises, curtailment of transportation facilities or other circumstance beyond the control of the parties unreasonably delaying or making it inadvisable, illegal or impossible for either party to perform its obligations hereunder. This Agreement may be terminated without penalty for any one (1) or more of such reasons by written notice from one party to the other; provided that the party delayed or unable to perform shall promptly advise the other party of such delay or impossibility of performance, and provided further that the party so delayed or unable to perform shall take reasonable steps to mitigate the effects of any such delay or nonperformance. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the contractor of such occurrence and the contract shall Attachment number 3 \nPage 2 of 4 Item # 24 ULI Advisory Services Agreement City of Clearwater, Florida Page 3 of 4 terminate on the last day of the then current fiscal period without penalty or expense to the City. Either party shall have the right to assign this Agreement to an affiliate upon prior written notice to the other party. In all other instances, neither party shall assign its rights or duties under this Agreement without prior written consent of the other party. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the respective parties and their successors and assigns. This agreement constitutes the entire agreement between the parties regarding the services described herein and supersedes all prior agreements or understandings between the parties on this subject matter, whether written or verbal. This Agreement may not be altered, amended or modified except by written document signed by all parties. This Agreement shall be subject to and construed under the laws of the state of Florida. The undersigned parties and their duly authorized representatives represent and warrant that they have authority to enter into this Agreement and hereby agree to the terms set forth above. ULI—the Urban Land Institute City of Clearwater, Florida Patrick Phillips, CEO Date Gayle Berens, Senior Vice President, Education, Date Tom Eitler, Vice President, Advisory Services Date Attachment number 3 \nPage 3 of 4 Item # 24 ULI Advisory Services Agreement City of Clearwater, Florida Page 4 of 4 Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: ______________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 \nPage 4 of 4 Item # 24 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Reappoint John Funk to the Community Development Board as the alternate member with term to expire April 30, 2018. SUMMARY: APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 and 1 alternate CHAIRPERSON: MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Council Chambers APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM: 1. John Funk – 2040 Sun Down Dr., 33763 – Real Estate Broker Original Appointment: 2/21/13 (0 absences in the last year) Interested in Reappointment as Alternate member: Yes (currently filling unexpired term until 4/30/14 as the Alternate member) Zip codes of current members: 2 at 33755, 1 at 33759, 1 at 33761, 1 at 33763, 1 at 33764 and 2 at 33767 Current Categories: 1 Architect 1 Attorney 2 Civil Engineers 1 Consultant/BA Economics & Business 1 Real Estate Broker 1 Retired Business Mgt. 1 Self Employed: Investor, Yacht Broker - BS Finance & Marketing Review Approval:1) Clerk Cover Memo Item # 25 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Must be Clearwater resident) Name: John Funk Home Address: 2040 Sun Down Dr. Clearwater, Fl Zip 33763 Telephone: 727- 599 -3864 Cell Phone: 727- 599 -3864 Office Address: 2040 Sun Down Dr. Clearwater, FL 33763 Telephone: 727- 599 -3864 E -mail Address: floridafunks @yahoo.com RECEIVED DEC 18 2012 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT How long a resident of Clearwater? 4 years, 10 years in County Occupation: Real Estate Broker 40 years Field of Education: Business Administration — University of So. Cal. and Pierce College If retired, former occupation: NA Community Activities: Coach - Clearwater YMCA — youth sports, Board of Directors 2004 -2013 and Past President 2006 -2008 -Rotary Club of Clearwater Beach, Club Soccer Coach for Plato Academy 4th and 5th Grades Other Interests: Golf, chess, boating Board Service (current and past): Board Preference: Chair of Planning Commission Camarillo, CA Community Development Board President VC Unit American Cancer Society President ARAO Additional Comments: In addition to serving on the Board of The Rotary Club of Clearwater Beach, I have served as Program Chairman, Sergeant of Arms, Fund Raising Chairman and Club Representative for the STUDENTS 4 TOMORROW'S LEADERS (S4TL) program. Employer: Self Other Work Experience: College Instructor Restaurant Owner Signature: Date: /2 / 7 / 2- . See attached list for boards that require financial disclosure at time of appointment. Please retum this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 1 \nPage 1 of 3 Item # 25 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board's duties are to review the conformity of applications submitted to the city for development with the Clearwater Zoning Ordinances. In serving on the board, hearings are conducted by the board, based on the information provided by the City Planning Staff, the Applicants, Professional Testimony and that of the public testimony, the board will then make recommendations to the City Council to disapprove, modify or approve the application submitted based on the application meeting the city requirements. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? Yes, both at the board meeting and on C -View. In addition I served twice as Chairman of a City's Planning Commission. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Because of my contribution and service to the city, my peers on the Camarillo Planning Commission elected me vice chairman, and on two occasions, elected me Chairman of the planning commission. In addition 1 served on other boards that elected me President. They were the American Cancer. Society, The Camarillo Trade Club, The Clearwater Beach Rotary Club and The Palm Harbor BNI. In addition, my experience as a college instructor can be valuable in communication skills for serving on this board. I am very familiar with the time commitment necessary to be a member of this board and look forward to dedicating my time to this board, as I have with other boards. My commitment to the Rotary Club of Clearwater Beach has earned the recognition of 9 years perfect attendance. 4. Why do you want to serve on this Board? Of all the boards and organizations that 1 have served on, the Planning Commission was the one that I found the most interesting and involved. I found the work very satisfying and enjoyable. I believe this Community Development Board will be very similar in its operation and requirements. Name: JOHN FUNK Board Name: COMMUNITY DEVELOPMENT BOARD Attachment number 1 \nPage 2 of 3 Item # 25 Addendum to the City of Clearwater Application For Community Development Board submitted by John Funk. Since my 12/18/12 Application was submitted to the City of Clearwater please note the following Community and Board services: 2014 -2015 President -Elect for the Rotary Club of Clearwater Beach. In addition currently serving as: Fundraising Chair, Program Chair and Club Representative for the Seminar 4 Tomorrow's Leaders. Presented with Ten Years perfect attendance pin for the Rotary Club of Clearwater Beach. Volunteer Soccer Coach for 4 - 5 yeal olds Suncoast YMCA on Highland Volunteer Socer Coach for 11- 13 year olds Suncoast YMCA on Highland Volunteer Coach for Club Soccer for Plato Academy for 3rd year. Community Development Board Alternate Member: While serving on the Community Development Board I have attended and participated in every meeting, reviewed and visited all of the sites, made a personal copy and studied the Beach by Design, reviewed and studied extensively the CDC as it has related to the applications that came before me so that I could be a valuable member of the CDB. While serving on the CDB as a Real Estate Professional and past Planning Commissioner, the board has received a wider perspective and review of the applications presented. Served as Campaign Treasurer for an elected City Official. Sincerely, John Funk Also as stated in the past, please keep this addendum and this application on file for any future opportuities to serve as an Active Member of the CDB. Attachment number 1 \nPage 3 of 3 Item # 25 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Reappoint Jerri Menaul to the Public Art and Design Board (Artist Qualification) with a term to expire April 30, 2018. SUMMARY: APPOINTMENT WORKSHEET BOARD: Public Art and Design Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the Pinellas County Arts Council representatives MEMBERS: 7 Liaison: Parks & Recreation CHAIRPERSON: Alex Plisko, Jr. MEETING DATE: Quarterly - March, June, Sep., Dec. TIME/PLACE: Long Center APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM: 1. Ms. Jerri Menaul – 2820 Chelsea Pl. N., Clearwater, FL 33759 – Art Business Owner Original Appointment: 1/16/14 (filling unexp term until 4/30/14) Interest in reappointment: Yes (Artist) No other qualified candidates to fill the Artist Special Qualification Zip codes of current members: 1 – 33713, 1 – 33755, 1 – 33759, 1 – 33761, 1 – 33764, 1 – 33765, 1 – 34684 Current Categories: 1 Pinellas County Arts Council 1 Architect 1 Art Business Owner 3 Citizens 1 Clearwater Arts Alliance, Inc. Review Approval:1) Clerk Cover Memo Item # 26 Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Home Address: 2e) Gvk.e sect p( IJ c oot f vv c.,-L-e„, zip 3 ,s1 13ct Telephone: Cell Phone: 1-) How long a resident of Clearwater? Sl'nc e. Occupation: O v\-' (D- f'( (ke55 Field of Education: Office Address: k-t5D P pct -eS C(e.o,ry -& - Zip 33105 Telephone: l-1 `l )-(e, E -mail Address: jtVW rant 2 -'j Employer: nU CLA S Z 66 1 16F-- Other Work Experience: If retired, former occupation: k — . ( 76,_ S1nc Community Activities: C"°"'-`J `1).)t•3 Other Interests: Board Service (current and past): Additional Comments: Board Preference: u-oL,C_C De.5 c- v‘ Date: " C(2- v -ui'Dt-v--- 1( "2L \3 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits 2 0 1013 LESS' ;. ; OPCFIVE Attachment number 1 \nPage 1 of 2 Item # 26 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? by c...vVL<C, W i%- C 5 - L LQ i - 0L-AA, Co/Lc- k--U.n ov --f Ao ret:ti -e._ o+M iv-L-` -- k-z_ ,/k kiO.A-,-(-L- 3,-Le e c_Le 0 ) 0 s Vie_ OC 4. Why do you want to serve on this Board? GC M dun c2 € ck. VX \ . e- 0 2 GAG J w- C l Qa C -0A---CAA-U e C- c ,(J, k. -( ibuca . ? vwpvr eN c orvA vc n -nom 1 , Name: 'r \O/`Q- ;\Gci... -Q Board Name: Pu,u c q-- Attachment number 1 \nPage 2 of 2 Item # 26 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: City Council Rules and Policies (WSO) SUMMARY: The City Council Rules and Policies are reviewed annually. Council will discuss proposed amendments at the April 28, 2014 work session. Review Approval:1) Clerk Cover Memo Item # 27 Revised 10-04-2012 by Resolution 12-17 1 COUNCIL RULES RULE 1 SCHEDULING COUNCIL MEETINGS/WORK SESSION AGENDAS (1) The City Council shall meet on the first and third Thursdays of each month at 6:00 p.m. in its chamber. However, in July, the City Council shall hold one regular night meeting on the third Thursday of the month. There will be no regular meeting on the third Thursday of December or the first Thursday of January. The Council will make this determination at the time the annual meeting calendar is being compiled. The day of the meeting may be changed by majority vote of the Council. (2) Except as may be rescheduled from time to time when necessary due to conflict, a work session shall be held at 1:00 p.m. on the first working day of the Council meeting week. Work sessions are primarily designed for information gathering and guidance, and no formal Council decision approving or disapproving an agenda item or items scheduled for public hearing may be made. No public input will be accepted at work sessions except by consensus of Council. Only items on the work session agenda will be discussed. Items not on the agenda may be brought up by the Council or staff during the work session asking they be scheduled for subsequent meetings or work sessions. (3) Community meetings will be scheduled as requested by the Council. RULE 2 REQUIREMENTS FOR QUORUM A quorum for the transaction of business by the City Council shall consist of three (3) Councilmembers. RULE 3 MANDATORY MEETING ATTENDANCE FOR CITY OFFICIALS The City officials whose regular attendance shall be required during the sittings of the Council shall be the City Clerk, City Manager and City Attorney or their substitutes. Attachment number 1 \nPage 1 of 7 Item # 27 Revised 10-04-2012 by Resolution 12-17 2 RULE 4 DUTIES AND RESPONSIBILITIES OF “CHAIR” The Mayor shall be the presiding officer of the City Council, and shall be referred to as the “Chair” when sitting in that capacity. In case of the absence of the Mayor, the Vice- Mayor shall assume those responsibilities, and if both are absent, the senior Councilmember in years of service shall preside. The Chair shall preserve order. The Chair may call to order any member of the Council who shall violate any of the rules; and shall decide all questions of order, subject to a majority vote on a motion to appeal. The Chair shall recognize all members who seek the floor as provided in Rule 8. The Chair shall not make or second a motion. RULE 5 DUTIES OF VICE-MAYOR IN ABSENCE OF MAYOR Pursuant to Charter section 2.05, "the Vice-Mayor shall act as Mayor during the absence or inability of the Mayor to perform the duties of the office of the Mayor." For the purpose of that section, the Mayor shall be considered absent if there are duties of the office which must be performed and the Mayor is not present and able to perform them. RULE 6 ORDER OF BUSINESS (1) The order of business for a regular meeting shall ordinarily be: A. Invocation B. Pledge C. Special recognitions and awards D. Minutes of previous meetings E. Citizens to be heard regarding items not on agenda. Each speaker will be asked to give their name and address and to limit their comments to a maximum of three minutes. F. Public hearings (not before 6:00 p.m.) Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Council questions. Attachment number 1 \nPage 2 of 7 Item # 27 Revised 10-04-2012 by Resolution 12-17 3 4. Comments in support and comments in opposition. See subsection (3) below regarding time limitations for speakers. 5. Council questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. Council motion to determine disposition. Quasi-judicial Hearings (those giving testimony will be sworn-in): 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation (2 minutes). 2. Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes). 3. Staff presents further evidence. May be cross-examined (10 minutes). 4. Public comment. See subsection (3) below regarding time limitations for speakers. 5. City Council discussion, and may question any witness. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. All time limits may be extended upon request, and upon approval of request by majority of City Council. G. Consent Agenda H. City Manager reports. I. City Attorney reports. J. Council Discussion Items (work session only). K. Other Council action (if agendaed from work session). L. Closing comments by Mayor. (2) Motion process for agenda items with Ordinances or Resolutions: agenda items will be presented by staff followed by questions by Council, public input, a motion and second on the agenda item, discussion/comments by Council, vote, a motion and second on the ordinance or resolution, discussion/comments by Council, and vote. Motion process for other agenda items: agenda items will be presented by staff, questions by Council, public input, a motion and second on the agenda item, discussion/comments by Council, and vote. (3) Public comments in support or opposition of items before the Council shall be limited to a total of 60 minutes, which can be extended upon Council approval. Unless otherwise specified, persons speaking before the City Council shall be limited to three Attachment number 1 \nPage 3 of 7 Item # 27 Revised 10-04-2012 by Resolution 12-17 4 minutes per speaker. Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes. A form will be provided to document the request for additional time and those agreeing to waive their right to speak. No person shall speak more than once on the same subject at the same meeting unless granted permission by the City Council. When time limits are set for speakers, unused time cannot be passed from one speaker to another. Extensions of time limits can be given if approved by the Chair. RULE 7 AGENDA/EXPENDITURE OF FUNDS/ WAIVER OR CHANGE OF RULES (A) The City Manager or City Attorney may agenda an item. Any Council item must be agendaed for discussion at a work session prior to the item being placed on a Council Agenda. Any citizen may request a member to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Council may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Council upon the motion of any Councilmember. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. (B) Except for items advertised for public hearing, items may be removed from the agenda. Emergency items may be added to the agenda by the City Manager or City Attorney without prior notice. Councilmember requested items that have not been considered at a work session can be discussed at a Council meeting upon a majority vote of the council to do so. The agenda may be reordered. (C) Any expenditure of funds requiring Council action must be on the agenda, with appropriate support material. No action may be taken on expenditures not on the agenda unless the Council determines by the affirmative vote of a majority plus one to permit action to be taken. (D) The rules may be waived or changed only upon the affirmative vote of a majority plus one. RULE 8 DEBATE OF MOTIONS, TIE VOTES Council may discuss an agenda item after a motion being made. Such discussion may be interactive between the Councilmembers and may be ended at any time by a motion on the item. Otherwise, any member of the Council making a motion shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same Attachment number 1 \nPage 4 of 7 Item # 27 Revised 10-04-2012 by Resolution 12-17 5 motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recognize any person who seeks the floor while entitled to it. When a motion is made and seconded, it shall be stated by the Chair, if necessary, before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor, unless a vote on the previous question is called for. A tie vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Councilmember. RULE 9 NON-DEBATABLE MOTIONS The following motions are not debatable: To adjourn; To lay on the table; To take from the table; Call the previous question. RULE 10 RECONSIDERATION Any member of the Council who voted with the prevailing side may move a reconsideration of any action of the whole Council provided that the motion be made at the same meeting at which the action was taken. A motion to reconsider shall be in order at any time (during the meeting at which the action was taken) except when a motion on some other subject is pending. No motion to reconsider shall be made more than once on any subject or matter at the same meeting. RULE 11 RESCISSION OF COUNCIL ACTION Council action may be rescinded by a majority vote. The motion may be made by any Councilmember. Attachment number 1 \nPage 5 of 7 Item # 27 Revised 10-04-2012 by Resolution 12-17 6 RULE 12 BREAKS/RECESSES The Council shall, at the direction of the Chair, take a break as needed and may recess for meals if the members of the City Council agree by their vote. RULE 13 COUNCIL MINUTES Copies of the minutes of regular meetings shall be furnished prior to the next meeting. Such minutes shall stand confirmed at the regular meeting of the Council without the reading thereof in open meeting unless some inaccuracy or error be pointed out by some member of the Council present, and in such event, an appropriate correction shall be made. Upon request, the City Manager will cause the City Clerk to provide any Councilmember with transcribed excerpts of tapes of City Council meetings. RULE 14 RULES OF ORDER Except as provided herein, or as may be required by Florida law or the City Charter, the rules of the City Council for the conduct of its business shall be as provided in the most recent edition of Robert’s Rules of Order. RULE 15 RULES OF DECORUM At all times, the Council, staff and public shall conduct themselves in a respectful and civil manner. The Chair shall rule out of order any person who, in the Chair’s determination, is making obscene, profane, impertinent, irrelevant, immaterial, inflammatory statements or inciting violence or fighting. The determination of the Chair or a majority of the Council shall be final on such matters. No member of the audience shall, during a Council Meeting, make or cause to be made any audible or disruptive sound or noise. Signs or graphic displays of any kind shall not be displayed in Council chambers, except in connection with a presentation made to the Council by a speaker at the podium. All persons shall at all times conduct themselves in accordance with these rules and failing such shall be removed from the Council Chambers. In the event of such removal such person shall not thereafter be readmitted to the Council Chambers during the same meeting. The Chair may recess the meeting, if deemed necessary, in order to restore order. Attachment number 1 \nPage 6 of 7 Item # 27 Revised 10-04-2012 by Resolution 12-17 7 Resolution No. Date Adopted 77-44 5-12-77 77-129 11-23-77 78-65 6-01-78 80-62 5-15-80 80-101 9-19-80 80-118 11-06-80 81-32 4-16-81 81-92 8-06-81 82-33 4-01-82 82-36 4-15-82 82-115 12-16-82 82-119 12-16-82 83-42 4-07-83 83-75 7-07-83 85-47 6-20-85 86-18 2-20-86 86-30 5-01-86 88-61 12-01-88 89-21 4-20-89 92-79 12-17-92 93-04 1-07-93 93-44 7-01-93 93-45 7-01-93 93-75 12-02-93 94-8 1-03-94 94-16 1-31-94 94-31 4-21-94 94-67 8-15-94 94-74 9-15-94 95-16 2-02-95 95-35 3-16-95 95-77 10-05-95 96-11 1-18-96 96-68 10-17-96 01-43 12-13-01 06-21 03-16-06 07-32 10-17-07 10-11 10-21 12-17 03-18-10 08-05-10 10-04-12 Attachment number 1 \nPage 7 of 7 Item # 27 i As approved at 04/04/13 Council Meeting CITY COUNCIL POLICIES Adopted 04-04-2013 Attachment number 2 \nPage 1 of 35 Item # 27 ii As approved at 04/04/13 Council Meeting CITY COUNCIL POLICIES TABLE OF CONTENTS Boards ....................................................................................................... Page 1 Representative Balance ......................................................................................1A Ad Hoc Committee ..............................................................................................1B City Representatives on Non-City Boards .......................................................... 1C Non-Board Business Functions Sunshine Law .................................................. 1D Special Request ..................................................................................................1E Input to Other Boards/Committees ...................................................................... 1F Letterhead .......................................................................................................... 1G Campaign Material During Meetings .................................................................. 1H Input from Advisory Boards ................................................................................. 1 I Advisory Board Appreciation ............................................................................... 1J Budget ................................................................................................ Pages 2-17 Balanced Budget.................................................................................................2A Maintenance of Capital Plant and Equipment .....................................................2B Budget Review Process ..................................................................................... 2C Budgetary Position Control ................................................................................ 2D General Fund Unappropriated Retained Earnings ..............................................2E Capital Improvement Budget and Capital Improvement Plan ............................. 2F Road Millage ...................................................................................................... 3G Enterprise Funds................................................................................................ 3H Enterprise Fund Transfer Payment ..................................................................... 3 I Interfund Administrative Charge.......................................................................... 3J Interfund Other Service Charge ..........................................................................4K CRA Contribution to General Fund ..................................................................... 4L Special Events Fee ............................................................................................ 4M Accounting Procedures ...................................................................................... 5N Review of Rate Schedules ................................................................................. 5O Review of Annual Audit .......................................................................................5P Investment Policy ............................................................................................... 5Q Debt Management Policy ................................................................................. 11R Central Insurance Reserve Policy .....................................................................15S Clearwater Gas System Gas Supply Hedging Policy ........................................ 15T City Council ...................................................................................... Pages 18-21 Resolutions .......................................................................................................18A Proclamations ...................................................................................................18B Representation on Boards ............................................................................... 18C Citizen Inquiries-Responses ............................................................................ 18D Departing Councilmembers’ Gifts .....................................................................19E Travel ................................................................................................................ 19F Fund Raisers ................................................................................................... 19G Staff Projects ................................................................................................... 19H Annual Events .................................................................................................... 19I Televising Council Meetings ............................................................................. 20J Information Available to Public and Press .........................................................20K Distribution of Correspondence ........................................................................ 20L Strategic Planning ............................................................................................ 21M Attachment number 2 \nPage 2 of 35 Item # 27 iii As approved at 04/04/13 Council Meeting Table of Contents (contd.) City Employees ....................................................................................... Page 22 Participating in Auctions ....................................................................................22A Reimbursement of certain meal event ..22B General Administration ................................................................... Pages 23-26 Application Fee Waivers ...................................................................................23A Sparkling Clearwater .........................................................................................23B Fire Lanes ........................................................................................................ 23C Copyright Fees................................................................................................. 24D Renewal ............................................................................................................24E Stationery .......................................................................................................... 24F Welcome Letters .............................................................................................. 24G Citizens to be Heard Response ....................................................................... 24H Special Event Street Closure Limitation....24I Roadside Memorial Marker Program.....24J City Sponsored Events.......2 6K Land Development ........................................................................... Pages 27-28 Annexation Agreements ....................................................................................27A Subdivision Monuments ....................................................................................27B Petitions for Annexation ................................................................................... 27C Landscaping of City Roads .............................................................................. 27D Parks & Recreation Card to Annexing Property ................................................27E Waiver/reduction of Liens ... 28F Legal ........................................................................................................ Page 29 Case Reports ....................................................................................................29A Leisure .............................................................................................. Pages 30-32 Holiday Decorations ..........................................................................................30A Library Donor Naming Recognition ...30B Amplification of Sound at City Venues 30C Ages 12-13 Supervised Use of City Recreation Fitness Facilities 31D Attachment number 2 \nPage 3 of 35 Item # 27 1 As approved at 04/04/13 Council Meeting CITY COUNCIL POLICY BOARDS A. Representative Balance. When making appointments to a board, the City Council will strive to assure the board has a balance of race, gender and geographical area of the City represented. B. Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. C. City Representatives on Non-City Boards. Citizens appointed by City Council to be the City’s representatives on non-City Boards will serve no more than three consecutive terms, at the discretion of City Council. The representatives shall keep the Council informed of the activities of the boards. D. Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions. E. Special Request. Requests for special reports on projects will require Council or City Manager’s approval prior to staff commencing efforts in this regard. F. Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. G. Letterhead. Advisory Board letterhead may be used and staff assists when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. H. Campaign Material during Meetings. During City Council and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot. I. Input from Advisory Boards. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council’s agenda items. J. Advisory Board Appreciation. Each recipient of an invitation to the Annual Advisory Board Appreciation event may bring one guest. Members should attend at least one meeting prior to being invited to the annual event. Attachment number 2 \nPage 4 of 35 Item # 27 2 As approved at 04/04/13 Council Meeting CITY COUNCIL POLICY BUDGET and FINANCE A. Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City’s practice of holding investments until maturity. B. Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City’s budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. C. Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report and an annual operating budget comparing actual versus budgeted revenue and expense activity. D. Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the City Council. E. General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to ½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager’s quarterly budget report. F. Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. Attachment number 2 \nPage 5 of 35 Item # 27 3 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) G. Road Millage. In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. H. Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. I. Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth, and replaced prior years' policy of a prescribed dollar contribution. Other than the exceptions noted below, the rate of 4.5% remained in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. The Gas System Dividend will be a minimum of $1,700,000 plus a PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. When the Gas System Net Income less Bond Interest Earnings exceeds $3.4 million for any fiscal year, the Gas Dividend payment for the next fiscal year will be one half of that amount. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the PILOT. J. Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating Attachment number 2 \nPage 6 of 35 Item # 27 4 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325,000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. K. Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. L. CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. M. Special Event Fees. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Fun 'N Sun, Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council acceptance in March of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s budget. Only after the item is passed as part of the approved budget is the item considered to be funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. Attachment number 2 \nPage 7 of 35 Item # 27 5 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) N. Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. O. Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City’s cost to provide the service. Unrestricted fund balances (working capital reserves) should be maintained pursuant to the most recent rate review or at a level equivalent to at least three months’ operation and maintenance expense, whichever is greater, for all enterprise and internal service funds. P. Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City’s funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. Q. Investment Policy. (1) Scope This statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • Fiduciary Funds The policies set forth do not apply to the non pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. (2) Investment Objectives A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary Attachment number 2 \nPage 8 of 35 Item # 27 6 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. (3) Performance Measurement The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution Overnight rate 15% 3 month Treasury Bill rate 15% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 15% 3 year Treasury Note rate 15% 5 year Treasury Note rate 15% 10 year Treasury Note rate 10% Total 100% Weighted average maturity of benchmark 2.46 years Attachment number 2 \nPage 9 of 35 Item # 27 7 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) (4) Prudence and Ethical Standards The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. (5) Authorized Investments 1. The City shall limit investments, as authorized in Florida Statutes to: a. Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. b. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). c. U.S. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. d. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Florida Statutes. e. Debt issued by the State of Florida or any political subdivision thereof including pools. f. Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or Attachment number 2 \nPage 10 of 35 Item # 27 8 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. g. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. h. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01 Florida Statutes. i. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (6) Maturity and Liquidity Requirements A. The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. The City’s intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five years. (7) Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over- concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% CMOs and REMIC 33% Attachment number 2 \nPage 11 of 35 Item # 27 9 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. (8) Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. (9) Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director. (10) Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. (11) Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: Attachment number 2 \nPage 12 of 35 Item # 27 10 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) A. The security involved is a ‘new issue’ and can be purchased ‘at the auction’. B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices from one of the following to determine if the transaction is in the City's best interest: 1. Bloomberg Information Delivery System. 2. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. 3. Daily market pricing provided by the City's Custody Agent or their corresponding institution. (12) Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Cash & Investment Manager and any other City staff members appointed by the Finance Director. (13) Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned Attachment number 2 \nPage 13 of 35 Item # 27 11 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) (14) Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above. R. Debt Management Policy. This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1. General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long- term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. Attachment number 2 \nPage 14 of 35 Item # 27 12 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost-effective. C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 3. Issuance of Obligations A. Selecting Service Providers: 1) The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2) The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3) As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4) Any process utilized to select professional service providers in connection with the City’s debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a) Promote competition b) Be as objective as possible c) Incorporate clear and rational selection criteria d) Be independent of political influence e) Be perceived as fair by the respondents f) Result in a cost-effective transaction g) Result in the selection of the most qualified firm h) Eliminate conflict of interest B. Method of Sale 1) Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2) Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3) Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. Attachment number 2 \nPage 15 of 35 Item # 27 13 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) C. Maturity of the debt 1) Bonds will generally not have more than a thirty-year duration. 2) Lease Purchase debt will generally not have more than a five- year duration. 4. Post-Issuance Compliance A. In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post-Issuance Compliance monitoring is required at regular intervals as follows: 1) Identification of debt-financed facilities and ongoing tax requirements - at time of issue, including a review of tax certificate executed at closing 2) Qualified use of bond proceeds – ongoing 3) Qualified use of facilities financed with debt proceeds - ongoing by monitoring discussions at staff meetings 4) Arbitrage yield restriction and rebate – annually as soon as bank statements containing the last day of the bond year are available 5) Maintenance of bona fide debt service fund – recalculate sinking fund deposit requirements semi-annually after each interest payment date 6) Continuing Disclosure documents other than Significant Events and Notices to Bondholders – annually by due dates through EMMA Dataport 7) Significant Events – upon occurrence through EMMA Dataport 8) Notices to Bondholders – upon occurrence of an event requiring notice B. Procedures for Ensuring Timely Compliance 1) The Finance Director (or designee) will review project invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper. 2) The Finance Director (or designee) will participate in staff meetings where discussions are held regarding use of debt-financed facilities. 3) The Finance Director (or designee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitrage-related documents with the outside arbitrage consultant within one month of the bond year- end. 4) The Finance Director (or designee) will re-calculate monthly sinking fund deposit requirements semi-annually after each interest payment, and annually after each principal payment. 5) The Finance Director (or designee) will consult with the City’s Disclosure Counsel, as needed, regarding disclosure of Significant Events. Attachment number 2 \nPage 16 of 35 Item # 27 14 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) C. Procedures Reasonably Expected to Timely Identify Noncompliance 1) The Finance Director (or designee) will review the Continuing Disclosure Checklist for upcoming due dates at the beginning of each calendar quarter. 2) The Finance Director (or designee) will send required continuing disclosure documents to the City’s Disclosure Counsel for review and approval before filing through the EMMA Dataport. 3) Continuing disclosure due dates will be calendared by the Finance Director and by the designee, as a backup reminder. 4) The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetings. D. Procedures for Ensuring Timely Correction of Noncompliance 1) When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a “remedial action” should be taken under the Treasury Regulations or if a closing agreement request should be submitted to the Internal Revenue Service under the Voluntary Closing Agreement Program. The City Manager and Council will be notified to take additional steps, if necessary, to timely correct the noncompliance. 2) Upon receipt of any correspondence from, or opening of an examination of any type with respect to tax-exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Manager and consult with outside counsel as necessary to respond to the IRS. E. Recordkeeping Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The term of the debt shall include the term of all debt which refunds the original new money issue, including debt issued to refund debt in a series of refundings. Records required to be maintained include: 1) Basic records relating to the debt transaction, including the debt transcript of proceedings and other relevant documents delivered to the City in connection with the issuance and closing of the debt transaction. 2) Documents evidencing expenditure of debt proceeds, including but not limited to: a) Construction contracts Attachment number 2 \nPage 17 of 35 Item # 27 15 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) b) Purchase orders c) Invoices and applications for payment d) Trustee requisitions and payment records e) Documents related to costs reimbursed with debt proceeds, including related issuer resolutions f) Records identifying the assets or portion of assets financed or refinanced with the debt proceeds g) A final schedule of property financed by the debt and final allocation of debt proceeds 3) Documentation evidencing the use of debt-financed property, including records of lease or sale of debt- financed property for public or private purposes, and any change in use of debt-financed property from its original intended purpose. 4) Documentation evidencing all sources of payment or security for the debt. 5) Documentation pertaining to investment of debt proceeds, including but not limited to: a) Purchase and sale of securities b) SLGs subscriptions c) Yield calculations for each class of investments d) Actual income received from the investment of proceeds e) Investment agreements f) Trustee statement g) Arbitrage rebate calculations and reports S. Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years. T. Clearwater Gas System Supply Hedging Policy. It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of Attachment number 2 \nPage 18 of 35 Item # 27 16 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) FGU shall not be authorized to enter into a Financial Product on a system- wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a “hedge” for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution No. 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. In above policy, these terms are defined as: 1. City Representative – A representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a “member representative” or “project participant representative” under an agreement between FGU and the City of Clearwater, Florida. 2. Directive – An instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments. 3. Financial Instruments – One or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. Financial Products – Swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed “over-the-counter” pursuant to private agreement of “exchange-traded” on one or more regulated contract markets. Attachment number 2 \nPage 19 of 35 Item # 27 17 As approved at 04/04/13 Council Meeting Budget and Finance (contd.) 5. Hedge – To minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term “Hedging” shall be construed accordingly. 6. Speculation – Using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. Attachment number 2 \nPage 20 of 35 Item # 27 18 As approved at 04/04/13 Council Meeting CITY COUNCIL POLICY CITY COUNCIL A. Resolutions. An individual Councilmember may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. B. Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, “for profit” organizations, profit making agencies, political organizations or religious organizations, except for significant anniversary events of 50 years or 100 years. C. Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Councilmembers to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. D. Citizen Inquiries - Responses. 1. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. 2. Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. 3. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. Attachment number 2 \nPage 21 of 35 Item # 27 19 As approved at 04/04/13 Council Meeting City Council (Contd.) 4. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. 5. Inquiries and responses will be distributed, via e-mail, to all Councilmembers 6. Form letters or emails may be acknowledged but will not require a customized response. E. Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. Three of more full terms. Plaque, nameplate, ring, collage or album, tray with seal, letter, gag gift, caricature. F. Council Travel. Payment for travel expenses shall be in keeping with the charter and the City’s travel code. Specific amounts of the Council’s travel budget shall be allocated to each Councilmember during annual budget preparations. At the end of each fiscal year Councilmembers shall provide a report detailing that year’s travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. G. Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. H. Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all councilmembers. I. Annual Events. Newly elected Councilmembers and Councilmembers- elect shall be invited to the annual Phillies dinner and advisory board appreciation event. Attachment number 2 \nPage 22 of 35 Item # 27 20 As approved at 04/04/13 Council Meeting City Council (Contd.) J. Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed door attorney/client or bargaining sessions will be televised K. Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public via the Official Records and Legislative Services Department. L. Distribution of Council Correspondence. All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original of hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City’s website through the electronic document management system. Mail will be delivered to the Council at least once per week. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and items of considerable length (such as petitions and agenda materials for other boards) will not be distributed. These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system. Unless otherwise directed, correspondence with the words similar to “Personal”, “Confidential”, or “For the Addressee Only” will be delivered unopened to the addressee. If such correspondence is determined to be related to City business, the receiving Councilmember is to forward to the Council Assistant for distribution. The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. Attachment number 2 \nPage 23 of 35 Item # 27 21 As approved at 04/04/13 Council Meeting City Council (Contd.) Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. M. Strategic Planning. Each year the City Council shall meet in a strategic planning session(s). The meeting(s) will review the five-year financial forecast and update as necessary, the City's Mission, Values and Vision Statements. From these documents a five-year strategic plan will be developed. The five-year strategic plan will become the basis for the annual City Manager and City Attorney Objectives, and the City's annual budget process for the next fiscal year. Attachment number 2 \nPage 24 of 35 Item # 27 22 As approved at 04/04/13 Council Meeting CITY COUNCIL POLICY CITY EMPLOYEES A. Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. B. Reimbursement of certain meal events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. Attachment number 2 \nPage 25 of 35 Item # 27 23 As approved at 04/04/13 Council Meeting CITY COUNCIL POLICY GENERAL ADMINISTRATION A. Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg College - refunded building permit fee for parking lot None of the above includes waiving impact fees. B. Sparkling Clearwater. In order to maintain and enhance the image of Sparkling Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e., fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e., placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. C. Fire Lanes. Fire Department personnel will participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. Attachment number 2 \nPage 26 of 35 Item # 27 24 As approved at 04/04/13 Council Meeting General Administration (contd.) D. Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to BMI for showing movies at various recreation centers. E. Renewal. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. F. Stationery. The City shall have one form of stationery on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. Exception: The Gas Division may use its logo. G. Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor’s signature welcoming the property owner to Clearwater. H. Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. I. Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. J. Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right-of-way on segments of roadway in incorporated Clearwater. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. The policy will apply to fatalities occurring after January 1, 2005. Attachment number 2 \nPage 27 of 35 Item # 27 25 As approved at 04/04/13 Council Meeting General Administration (contd.) The installation of a roadside memorial marker will be processed in accordance with the following: Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City’s website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased’s immediate family. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement – the exact location will be at the discretion of the City. Memorial markers will not be allowed within the limits of active construction work zones. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. The requesting citizen will be notified once the installation is complete. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. The memorial marker shall be a 15” diameter aluminum sign with a white background and black letters. The sign message will state ‘Drive Safely – In memory’, and the family will have the option of adding the deceased’s name to the sign. As an option, the City can offer an alternate safety message to the ‘Drive Safely’ legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive’, ‘Buckle Up’, ‘Slow Down’, etc. The sign will be mounted at a height of 3.5’ (42”) from the ground to the top of the sign. Attachment number 2 \nPage 28 of 35 Item # 27 26 As approved at 04/04/13 Council Meeting General Administration (contd.) The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300.00. Upon request the sign becomes the property of the applicant. K. City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20% less. Attachment number 2 \nPage 29 of 35 Item # 27 27 As approved at 04/04/13 Council Meeting CITY COUNCIL POLICY LAND DEVELOPMENT A. Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. B. Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property are to execute an agreement with the City of Clearwater wherein owners agree to keep all features in good repair, hold the City harmless for any liability arising from the use of the public right-of-way, and provide a $500,000 liability insurance policy. Upon failure of the owners to execute such agreement and provide the required insurance policy after forty-five days from written notice, or by tagging the structure when owners cannot be determined, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after similar notice, the Public Works Department is to remove all such materials occupying the public right-of-way. A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with a city approved “Adopt a (fill in name)” program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. C. Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. D. Landscaping of City Roads. When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and frequency of required maintenance. All such material shall be drought resistant. E. Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. Land Development (Cont.) Attachment number 2 \nPage 30 of 35 Item # 27 28 As approved at 04/04/13 Council Meeting F. Waiver/reduction of liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. ¨ Whether the violation has been brought into compliance regarding the violation cited. ¨ Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. ¨ Whether there are existing code violations on other properties owned by the violator or prospective purchaser. ¨ Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. ¨ Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. ¨ Whether payment would hinder a proposed sale of the property. ¨ Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. ¨ The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. Attachment number 2 \nPage 31 of 35 Item # 27 29 As approved at 04/04/13 Council Meeting CITY COUNCIL POLICY LEGAL A. Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. Attachment number 2 \nPage 32 of 35 Item # 27 30 As approved at 04/04/13 Council Meeting CITY COUNCIL POLICY LEISURE A. Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key. B. Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation." 3. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. C. Amplification of Sound at City Venues. The following guidelines govern the amplification of sound at City co-sponsored and private events held at City venues for musical and entertainment productions. 1. Amplification of sound and in particular music for an event must end at a specific time set by the City Manager or his designee. In general that time will be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00 p.m. on Friday and Saturday, but on certain rare occasions permitted to be held longer. 2. Amplification of sound including music will not exceed an average of 95 decibel or dB level measured at the house mix over a period of 30 seconds. 3. Amplification of sound during the event will be measured by a City employee or City contractor by using a sound-level meter which is an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output or display meter and the weighting networks used to measure sound pressure levels. Attachment number 2 \nPage 33 of 35 Item # 27 31 As approved at 04/04/13 Council Meeting Leisure (Contd.) 4. The City employee or City contractor will measure the sound levels for every group performing at the event. 5. In the event a promoter or sponsor violates this policy the City employee or City contractor will require that the sound levels be adjusted to meet the standard. If after the first warning the volumes are not adjusted to meet the policy the City employee or City contractor will personally adjust the sound level to bring in compliance. 6. If a promoter or sponsor continues to violate this policy then they will not be allowed to have concerts at City venues. D. Ages 12 - 13 supervised use of City recreation fitness facilities. The following guidelines govern the use of City recreation fitness facilities by users ages 12 and13. 1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use. 2. Use of the fitness area by such person is governed by this Council policy and is limited to instances where such person is actively, directly supervised by the individual’s parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited. 3. A parent under this policy is defined as either biological parent or legal guardian. 4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is designated by the parent or legal guardian on the “Parental Consent and Waiver/Release of Liability” form. 5. An acceptable level of supervision under this policy is considered to be achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth participant. 6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique, appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities. 7. City staff will monitor for compliance of this policy. 8. Both the parent, legal guardian or designated responsible adult and individual child, must have valid access to the fitness facility by paying the Attachment number 2 \nPage 34 of 35 Item # 27 32 As approved at 04/04/13 Council Meeting Leisure (Contd.) appropriate daily fee, or by securing the proper membership that allows use of the area. In addition, the parent or legal guardian must agree to and sign the “Parental Consent and Waiver/Release of Liability” form and identify the responsible adult(s) who may supervise the child. 9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in immediate, permanent termination of the youth participant’s fitness facility use rights. Attachment number 2 \nPage 35 of 35 Item # 27 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Approve a Legal Services Agreement hiring the Law Firm of Richards, Gilkey, Fite, Slaughter, Pratesi and Ward, to represent the City in reviewing the purchase agreement and condominium documents pertaining to the proposed parking garage at the Pelican Walk Shopping Center for an amount not to exceed $40,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: Emil Pratesi, Esq. and Carlton Ward, Esq. of the Law Firm Richards, Gilkey, Fite, Slaughter, Pratesi and Ward specialize in commercial real estate and condominium documentation. The City Attorney would like to hire them as outside counsel to work on the purchase agreement and condominium documents for the Pelican Walk Parking Garage project. The budget for this representation is not to exceed $40,000 and is available in the City Attorney's professional services budget. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:$40,000 Total Cost: For Fiscal Year:100113 to 093014 Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:Sole Source Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 28 Attachment number 1 \nPage 1 of 2 Item # 28 Attachment number 1 \nPage 2 of 2 Item # 28 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 29 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: North Beach Sand Issue SUMMARY: Review Approval: Cover Memo Item # 30 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Arbor Day Proclamation - Chuck Porthouse, Parks Service Supervisor SUMMARY: Review Approval: Cover Memo Item # 31 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Civitan Awareness Month Proclamation -Richard Fuller SUMMARY: Review Approval: Cover Memo Item # 32 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Swim Across America Proclamation- Tony and Janice Schicchitano - Swim Across America organizing committee; Brooke Bennett - 3- time Olympic Gold Medalist SUMMARY: Review Approval: Cover Memo Item # 33 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: SAR Proclamation - Art Hays, Sons of the American Revolution SUMMARY: Review Approval: Cover Memo Item # 34 Work Session Council Chambers - City Hall Meeting Date:4/14/2014 SUBJECT / RECOMMENDATION: Florida Healthy Weight Champions - Dr. Claude Dharamraj, County Health Department Director; Megan Carmichael, Tobacco Manager SUMMARY: Review Approval: Cover Memo Item # 35