04/16/2014
City Council Agenda
Location: Council Chambers - City Hall
Date: 4/16/2014- 6:00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1Service Awards
Attachments
4.2SAR Proclamation - Art Hays, Sons of the American Revolution
Attachments
4.3Swim Across America Proclamation- Tony and Janice Schicchitano - Swim Across America organizing
committee; Brooke Bennett - 3-time Olympic Gold Medalist
Attachments
4.4Civitan Awareness Month Proclamation -Richard Fuller
Attachments
4.5Florida Healthy Weight Champions - Dr. Claude Dharamraj, County Health Department Director; Megan
Carmichael, Tobacco Manager
Attachments
4.6Arbor Day Proclamation - Chuck Porthouse, Parks Service Supervisor
Attachments
5. Approval of Minutes
5.1Approve the minutes of the April 3, 2014 City Council Meeting as submitted in written summation by the
City Clerk.
Attachments
5.2Amend and Approve March 20, 2014 City Council Meeting Minutes
Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1Continue 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 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
7.3Approve 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
7.4Approve 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
7.5Approve 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 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
7.6Approve 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
City Manager Reports
8. Consent Agenda
8.1Approve 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
8.2Approve 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
8.3Approve 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
8.4Award 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
8.5 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
8.6Award 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
8.7Award 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
8.8Award 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
8.9Approve 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
8.10Approve 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
8.11Approve 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
8.12Approve 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
8.13Accept 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
8.14Accept a Sidewalk Easement conveyed by 520HC, LLC over property located at 520 Howard Court,
Clearwater. (consent)
Attachments
8.15Reappoint John Funk to the Community Development Board as the alternate member with term to expire
April 30, 2018. (consent)
Attachments
8.16Reappoint Jerri Menaul to the Public Art and Design Board (Artist Qualification) with a term to expire
April 30, 2018. (consent)
Attachments
8.17Approve 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
9. Other Items on City Manager Reports
9.1Ratify 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.
Attachments
9.2Approve the Scope of Services Assignment, the recommended list of agencies to participate in ULI
Resource Persons Interviews, and the Advisory Services Agreement with Urban Land Institute and
authorize the appropriate officials to execute same.
Attachments
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10.1City Manager Verbal Reports
Attachments
11. Other Council Action
11.1North Beach Sand Issue
Attachments
12. Closing Comments by Mayor
13. Adjourn
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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:
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
SUBJECT / RECOMMENDATION:
SAR Proclamation - Art Hays, Sons of the American Revolution
SUMMARY:
Review Approval:
Cover Memo
Item # 2
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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 # 3
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
SUBJECT / RECOMMENDATION:
Civitan Awareness Month Proclamation -Richard Fuller
SUMMARY:
Review Approval:
Cover Memo
Item # 4
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
SUBJECT / RECOMMENDATION:
Florida Healthy Weight Champions - Dr. Claude Dharamraj, County Health Department Director; Megan Carmichael, Tobacco
Manager
SUMMARY:
Review Approval:
Cover Memo
Item # 5
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
SUBJECT / RECOMMENDATION:
Arbor Day Proclamation - Chuck Porthouse, Parks Service Supervisor
SUMMARY:
Review Approval:
Cover Memo
Item # 6
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
SUBJECT / RECOMMENDATION:
Approve the minutes of the April 3, 2014 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval:
Cover Memo
Item # 7
Council 2014-04-03 1
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
April 3, 2014
Present: Mayor George N. Cretekos, Councilmember Paul Gibson,
Councilmember Hoyt Hamilton, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Couniclmember Jay E. Polglaze
Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City
Manager, Dick Hull – Assistant City Attorney, Rosemarie Call - City
Clerk, Nicole Sprague - Official Records and Legislative Services
Coordinator
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved
1. Call to Order – Councilmember Paul Gibson
The meeting was called to order at 6:00 p.m. at City Hall.
2.
Invocation - Student Pastor Justin Facenda of Calvary Baptist Church
3.
Pledge of Allegiance – Councilmember Paul Gibson
4. Presentations – Given. 4.1
Farewell to Councilmember Gibson
Councilmembers thanked Councilmember Gibson for his dedicated service, wished him
farewell, and presented gifts of appreciation.
4.2
Oath of Office to Councilmembers Hamilton and Jonson
The City Clerk administered the oaths of office to Councilmembers Bill Jonson and Hoyt
Hamilton.
The Council recessed from 6:23 p.m. to 6:30 p.m.
4.3
Donate Life Month Proclamation, April 2014 - Karen Brooks, Lifelink Foundation
Volunteer
Draft
Attachment number 1 \nPage 1 of 13
Item # 7
Council 2014-04-03 2
4.4
Give Day Tampa Bay Proclamation, May 6, 2014 - Ned Pope, President of
Florida NEXT
4.5
FDOT Traffic Safety Presentation - David Skrelunas, District Safety Program
Manager
Mr. Skrelunas provided a power point presentation and reviewed recent safety efforts to
decrease fatalities.
In response to questions, Mr. Skrelunas said citizens are welcome to attend monthly
meetings and raise their concerns. Approximately 12,000 bike light kits have been
ordered and will be distributed to local law enforcement agencies when received. Mr.
Skrelunas said all users of US Highway 19 are considering during its redevelopment, to
include pedestrians. Highway 19 is becoming a limited access road. Adding pedestrian
crossings or overpasses in certain areas may be considered in the future.
In response to concerns regarding pedestrian safety along Gulf Boulevard, Mr.
Skrelunas said a red light is considered a traffic control light and in order to install the
device, the site must meet a minimum traffic threshold. Yellow lights are considered a
traffic beacon and used for pedestrian crossings to bring attention to road users of state
pedestrian laws. Pedestrian LED curtains have not been discussed by the agency.
5. Approval of Minutes
5.1
Approve the minutes of the March 20, 2014 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson suggested amending page 15, line 15, as follows:
“Councilmember Bill Jonson moved to deny giving requested guidance to staff that
would allow a marina in this location, and further to require public comment and ULI
study prior to hearing the request at a future date
...”
Staff was directed to confirm language of original motion.
Councilmember Bill Jonson moved to continue Item 5.1 to April 16, 2014. The motion
was duly seconded and carried unanimously.
6.
Citizens to be Heard re Items Not on the Agenda
Tom Nocera expressed concern regarding the impact of people using social media to
voice opposition of captive animal shows and urged Council to research the agreement
between the City of Miami and the Miami Seaquarium.
Draft
Attachment number 1 \nPage 2 of 13
Item # 7
Council 2014-04-03 3
Frank Hibbard thanked outgoing Councilmember Paul Gibson for his service to
Clearwater. He said the Clearwater Marine Aquarium (CMA) feasibility study was
conducted by an independent company.
Ruth Ann Morris expressed concern with the light pollution in Cooper’s Bayou due to
stadium lighting and requested consideration to modernize the lighting codes.
Mikaila Brasick spoke in support of the equestrian contract.
Joe Corvino requested Council to stop negotiations with CMA until the feasibility study
is released in its entirety and independently reviewed.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings 7.1
Provide direction on the proposed 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, and confirm a second
public hearing in City Council Chambers before City Council on April 16, 2014, at
6:00 p.m., or as soon thereafter as may be heard. (HDA2014-02001)
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.
Draft
Attachment number 1 \nPage 3 of 13
Item # 7
Council 2014-04-03 4
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.”
Planner Kevin Nurnberger said the current Development Agreement (DVA) was
approved under the previous process that required a site plan to be approved prior to
DVA approval by City Council. Section 6.1.3.2 of the approved DVA specifies that
Draft
Attachment number 1 \nPage 4 of 13
Item # 7
Council 2014-04-03 5
building permits shall be obtained within one year of the approval of development
agreement (May 21, 2014). Section 6.1.6 (Transient Use) of the approved DVA states
that “Occupancy in the overnight accommodation units from the Reserve is limited to a
term of one month or 31 days, whichever is less. Nothing herein shall prevent a
purchaser of a fractional share unit from owning a period of time greater than 31 days,
provided every occupancy is limited to a term of one month or 31 days, whichever is
less.” In consultation with the City’s Legal Department, the proposed First Amendment
is not subject to the recent changes approved to Beach by Design in January regarding
the required reservation system. Since the current DVA was approved, the new Hotel
Development Agreement (HDA) process has been put in place and this First Proposed
Amendment is subject to the new process that requires the HDA to be approved prior to
the site plan approval. The applicant has one year from the approval of this First
Amendment to get a new development order to reflect the 10 additional units (see
Section Five of the proposed First Amendment). The new development order would
then govern when building permits have to be attained which is consistent with that
required by City Council in the new standard HDAs.
In response to a question, Planning and Development Director Michael Delk said the
new development order is needed to authorize the additional ten units.
Councilmember Jay Polglaze moved to approve Item 7.1. The motion was duly
seconded.
Assistant City Attorney Leslie Dougall-Sides said Council will approve the development
and adopt the associated resolution at the second public hearing.
It was suggested that prior to the second public hearing, staff review the recently
modified HDA approval process and the standardized language in the development
agreements for density pool units, and that approving the proposed amendment with
Clearwater Grande will not set a precedence for the City not to follow the modified
approval process.
Upon the vote being taken, the motion carried unanimously.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8540-14 on second reading, making amendments to Article 2,
Chart 2-100; Article 2, Division 1, Section 2-102; Article 2, Division 2, Section 2-
202; Article 2, Division 3, Section 2-302; Article 2, Division 4, Section 2-402;
Article 2, Division 5, Section 2-502; Article 2, Division 12, Section 2-1203 and
Section 2-1204; Article 3, Division 14, Section 3-1402, and Article 8, all of the
Community Development Code.
Draft
Attachment number 1 \nPage 5 of 13
Item # 7
Council 2014-04-03 6
Ordinance 8540-14 was presented and read by title only. Councilmember Hoyt
Hamilton moved to adopt Ordinance 8540-14 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
8.2
Adopt Ordinance 8541-14 on second reading, annexing certain real property
whose post office address is 1732 El Trinidad Drive East, Clearwater, Florida
33759, together with all Right of Way of El Trinidad Drive East abutting Lots 8
through 10, Block 2, Virginia Grove Terrace, into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
Ordinance 8541-14 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8541-14 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
8.3
Adopt Ordinance 8542-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1732 El Trinidad Drive East,
Clearwater, Florida 33759, together with all Right of Way of El Trinidad Drive
East abutting Lots 8 through 10, Block 2, Virginia Grove Terrace, upon
annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 8542-14 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8542-14 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
Draft
Attachment number 1 \nPage 6 of 13
Item # 7
Council 2014-04-03 7
8.4
Adopt Ordinance 8543-14 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1732 El Trinidad
Drive East, Clearwater, Florida 33759, together with all Right of Way of El
Trinidad Drive East abutting Lots 8 through 10, Block 2, Virginia Grove Terrace,
upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
Ordinance 8543-14 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Ordinance 8543-14 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
8.5
Adopt Ordinance 8544-14 on second reading, annexing certain real property
whose post office addresses are 1353 Union Street, 1255 Union Street, 1964
Chenango Avenue, and 1284 Bertland Way, all in Clearwater, Florida 33755,
together with the south half of the Union Street Right of Way abutting Lots 1 and
2, Block D, in Brooklawn Subdivision, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 8544-14 was presented and read by title only. Councilmember Hoyt
Hamilton moved to adopt Ordinance 8544-14 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
8.6
Adopt Ordinance 8545-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office addresses are 1353 Union Street, 1255
Union Street, 1964 Chenango Avenue, and 1284 Bertland Way, all in
Clearwater, Florida 33755, together with the south half of the Union Street Right
of Way abutting Lots 1 and 2, Block D, in Brooklawn Subdivision, upon
annexation into the City of Clearwater, as Residential Urban (RU). Draft
Attachment number 1 \nPage 7 of 13
Item # 7
Council 2014-04-03 8
Ordinance 8545-14 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8545-14 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
8.7
Adopt Ordinance 8546-14 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office addresses are 1353 Union
Street, 1255 Union Street, 1964 Chenango Avenue, and 1284 Bertland Way, all
in Clearwater, Florida 33755, together with the south half of the Union Street
Right of Way abutting Lots 1 and 2, Block D, in Brooklawn Subdivision, upon
annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
Ordinance 8546-14 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8546-14 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
8.8
Adopt Ordinance 8550-14 on second reading, amending the Operating Budget
for the Fiscal Year ending September 30, 2014 to reflect increases and
decreases in revenues and expenditures for the General Fund, Special
Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater
Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund,
Clearwater Harbor Marina Fund, Parking Fund, General Services Fund, Garage
Fund, Administrative Services Fund, and Central Insurance Fund.
Ordinance 8550-14 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8550-14 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
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Attachment number 1 \nPage 8 of 13
Item # 7
Council 2014-04-03 9
"Nays": None.
8.9
Adopt Ordinance 8551-14 on second reading, amending the Capital
Improvement Budget for the Fiscal Year ending September 30, 2014, to reflect a
net increase of $2,172,168.
Ordinance 8551-14 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8551-14 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Councilmember Jay E. Polglaze.
"Nays": None.
City Manager Reports
9.
Consent Agenda – Approved as submitted.
9.1
Approve a contract (blanket purchase order) to Office Depot, Inc. in the amount
of $220,000, from April 1, 2014 through March 31, 2015, in accordance with Sec.
2.564 (1)(d) Code of Ordinances - Other Governmental Bid, and authorize the
appropriate officials to execute same. (consent)
9.2
No Item
9.3
Award a Contract (Purchase Order) for $228,514.00 to Don Reid Ford, Inc. for
the purchase of eleven 2014 Ford F150 Pickup trucks, in accordance with the
Florida Sheriff's Association Contract 13-21-0904, 2.564(1)(d), Code of
Ordinances - Other Governmental Bid; authorize lease purchase under the Citys
Master Lease Purchase Agreement, or internal financing via an interfund loan
from the Capital Improvement Fund, whichever is deemed to be in the Citys best
interests and authorize the appropriate officials to execute same. (consent)
9.4 Award a Contract (Purchase Order) for $584,551.04 to Palmetto Ford Truck
Sales of Miami, FL for the purchase of 2 Autocar Automated Side Loaders model
ACX64 with New-Way 31 cubic yard body in accordance with the Florida Sheriffs
Association Contract 13-11-0904 Spec 14, 2.564(1)(d), Code of Ordinances -
Other Governmental Bid; authorize lease purchase under the Citys Master
Lease Purchase Agreement, or internal financing via an interfund loan from the
Capital Improvement Fund, whichever is deemed to be in the Citys best
interests, and authorize the appropriate officials to execute same. (consent)
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Item # 7
Council 2014-04-03 10
9.5
Award a Contract (Purchase Order) for $231,426.00 to Pats Pump and Blower
for one Aquatech Sewer Cleaner Body for a Public Utilities vehicle, in
accordance with the Florida Sheriffs Association BID 13-11-0904, Spec 44,
Page 1055; a Contract (Purchase Order) for $98,993.00 to Lou Bachrodt
Freightliner for one 114SD Conventional Chassis for a Public Utilities vehicle, in
accordance with the Florida Sheriffs Association BID 13-11-0904, Spec 13, in
accordance with 2.564(1)(d), Code of Ordinances - Other Governmental Bid;
authorize lease purchase under the Citys Master Lease Purchase Agreement, or
internal financing via an interfund loan from the Capital Improvement Fund,
whichever is deemed to be in the Citys best interests, and authorize the
appropriate officials to execute same. (consent)
Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
10. Other Items on City Manager Reports
10.1
Ratify and confirm the City Managers approval of the First Amendment to
Contract for Purchase of Real Property by the City of Clearwater for property
located at 1140 Brownell Street, and authorize the appropriate officials to
execute same.
On November 20, 2013, City Council approved the Purchase Contract for the
City’s purchase of real property located at 1140 Brownell Street. The property
lies among city land holdings that are currently under construction for Fire
Station 45. The Purchase Contract provided for closing to occur by January 31,
2014 and contained a provision for the closing date to be extended to April 1,
2014 if the seller was unable to find a suitable alternative residence. The
property owner exercised the extension option and following diligent efforts, has
been unable to secure a suitable residence. The proposed amendment to the
Purchase Contract provides for closing to occur no later than May 16, 2014. All
other terms of the Purchase Contract remain unchanged.
In response to questions, Real Estate Services Coordinator Chuck Lane said the
property owner is still living in the residence. If the City is unable to close on the
property purchase, the City may choose to amend or terminate the contract. The City
plans to demolish and landscape the residential property as it is not incorporated in the
new fire station’s design. Staff anticipates opening the new fire station facility in July.
Councilmember Hoyt Hamilton moved to ratify and confirm the City Managers approval
of the First Amendment to Contract for Purchase of Real Property by the City of
Draft
Attachment number 1 \nPage 10 of 13
Item # 7
Council 2014-04-03 11
Clearwater for property located at 1140 Brownell Street, and authorize the appropriate
officials to execute same. The motion was duly seconded and carried unanimously.
10.2
Appoint a Councilmember to serve as the Vice Mayor.
As required by Section 2.05 of the City Charter, the Council shall elect one of its
members as vice mayor at the first council meeting each April.
Concerns were expressed with implementing a structured process that rotates among
council and does not allow a councilmember to act as vice mayor in the year they are
running for re-election. Support was expressed with maintaining process to elect a
councilmember to serve as vice mayor.
Councilmember Hoyt Hamilton moved to elect Councilmember Doreen Hock-DiPolito to
serve as vice mayor. The motion was duly seconded. Mayor George Cretekos and
Councilmembers Doreen Hock-DiPolito , Hoyt Hamilton, and Bill Jonson voted “Aye;”
Councilmember Jay Polglaze voted “Nay.”
Motion passed.
10.3
Appoint Councilmembers as representatives to serve on various regional and
miscellaneous boards.
Councilmember Bill Jonson moved to appoint Councilmembers as representatives to
serve on various regional boards as follows:
Organization Delegate
American Public Gas Association Cretekos
Hamilton – Alternate
Barrier Island Governmental Council Cretekos
Hamilton – Alternate
Courtney Campbell Scenic Highway Citizen
Advisory Committee Jonson
Homeless Leadership Board Polglaze
Pinellas County Mayors’ Council Cretekos
Pinellas Collaborative Committee/School
Transportation Safety Committee Hock-DiPolito
Suncoast League of Cities Jonson
Hamilton – Alternate
Tampa Bay Estuary Policy Board Polglaze
Tampa Bay Partnership Policy Board Cretekos
Vice Mayor (Hock-DiPolito)
Tampa Bay Regional Planning Council Hamilton
Metropolitan Planning Organization/Pinellas
Planning Council Hock-DiPolito
Pension Advisory Committee Jonson
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Attachment number 1 \nPage 11 of 13
Item # 7
Council 2014-04-03 12
Hamilton
Hock-DiPolito
Pinellas Suncoast Transit Authority Jonson
Sister Cities Advisory Board Hamilton
Downtown Development Board Ex-Officio
Members
Jonson
Polglaze
Florida League of Mayors Cretekos
Tourist Development Council Cretekos
US Conference of Mayors Cretekos
WorkNet Pinellas Hamilton
The motion was duly seconded and carried unanimously.
10.4
Confirm the winner of the Centennial Logo Contest.
On June 19, 2013, the City Council approved a contest among local artists for a
Centennial Logo to be featured on various signs, banners, posters, and the
Centennial website. On November 22, 2013, Christopher Hubbard, Cultural
Affairs Specialist, issued a call for artists to create the logo, with a closing date
of January 10, 2014. In response to the Call for Artists, nine artists submitted a
total of 31 prospective logos. City Staff at the MSB, City Hall, and Library voted
on their favorites. Approximately 208 employees voted. Of these, Michael
O'Connell's entry depicting the Courthouse, Capitol Theatre, Water's Edge and
the Memorial Causeway Bridge received 173 votes for first place. Sara Mullins
and iQBranding's entry depicting the bridge, a dolphin and horn received 163
votes for second place.
The Centennial Committee would like to have the Council confirm its choice of
Michael O'Connell’s entry as the winner of the logo contest.
Legal Office Administrator Gina DeWitt said Ms. Mullins’ entry contains various
gradations of the same color and clip art components and, if selected, would have to be
redone professionally. The clip art components pixelate as the image is enlarged.
Councilmember Hoyt Hamilton moved to confirm Mr. O’Connell’s entry as the winner of
the Centennial Logo Contest. The motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
11. City Manager Verbal Reports – None.
Draft
Attachment number 1 \nPage 12 of 13
Item # 7
Council 2014-04-03 13
12.
Closing Comments by Mayor
Mayor George Cretekos reviewed recent and upcoming events.
13.
Adjourn
The meeting adjourned at 8:07 p.m.
Mayor
City of Clearwater
Attest
City Clerk Draft
Attachment number 1 \nPage 13 of 13
Item # 7
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
SUBJECT / RECOMMENDATION:
Amend and Approve March 20, 2014 City Council Meeting Minutes
SUMMARY:
Review Approval:
Cover Memo
Item # 8
Council 2014-03-20 1
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
March 20, 2014
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay
E. Polglaze
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin – Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records
and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved
1.
Call to Order – Mayor George Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2.
Invocation – Rev. Donna Oberkreser from Central Christian Church
3.
Pledge of Allegiance – Vice Mayor Paul Gibson
4. Presentations – Given. 4.1
Service Awards
One service award was presented to a city employee. The March 2014 Employee of
the Month Award was presented to Terry Labelle, Public Utilities.
4.2
Boys and Girls Club Week Proclamation, March 23-29, 2014 - Samantha
Oliveira, Multi-site Director for the Boys and Girls Club
4.3
The Tampa Bay Estuary Annual Program Update - Holly Greening, Executive
Director
Ms. Greening provided a PowerPoint presentation and reviewed program
accomplishments for 2013.
Draft
Attachment number 1 \nPage 1 of 18
Item # 8
Council 2014-03-20 2
5. Approval of Minutes 5.1
Approve the minutes of the March 6, 2014 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the March 6, 2014 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6.
Citizens to be Heard re Items Not on the Agenda
Tom Nocera expressed concerns with the Clearwater Marine Aquarium’s proposed
facility expansion and impact Blackfish, a documentary opposing the captivity of killer
whales, will have to the aquarium’s attendance.
Erin Bennett requested consideration to amend the city code to allow backyard
chickens within city limits.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings 7.1
Approve the annexation, initial Future Land Use Map designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1732 El Trinidad Drive East (Virginia Grove Terrace, Block 2,
Lot 9) together with all Right of Way of El Trinidad Drive East abutting Lots 8 thru
10, Block 2, Virginia Grove Terrace; and pass Ordinances 8541-14, 8542-14 and
8543-14 on first reading. (ANX2014-01001)
This voluntary annexation petition involves a 0.184-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is on the west side of El
Trinidad Drive East, approximately 670 feet north of SR 590. The applicant is
requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The Planning and Development Department is also
requesting that the abutting right of way of El Trinidad Drive East also be
annexed. The property is contiguous to existing City boundaries to the west. It is
proposed that the property be assigned a Future Land Use Plan designation of
Residential Low (RL) and a zoning category 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:
Draft
Attachment number 1 \nPage 2 of 18
Item # 8
Council 2014-03-20 3
The property currently receives water service from the City. The closest sewer line
is located in the El Trinidad Drive 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 48 located at 1700 North Belcher Road. 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 Low (RL) 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 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 west; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
Vice Mayor Paul Gibson moved to approve the annexation, initial Future Land Use Map
designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 1732 El Trinidad Drive East (Virginia Grove
Terrace, Block 2, Lot 9) together with all Right of Way of El Trinidad Drive East abutting
Lots 8 thru 10, Block 2, Virginia Grove Terrace. The motion was duly seconded and
carried unanimously.
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Item # 8
Council 2014-03-20 4
Ordinance 8541-14 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8541-14 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8542-14 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8542-14 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8543-14 was presented and read by title only. Councilmember Jay E.
Polglaze moved to pass Ordinance 8543-14 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
7.2
Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 1255 Union Street, 1353 Union Street, 1964
Chenango Avenue, and 1284 Bertland Way, together with the south half of the
Union Street Right of Way abutting Lots 1 and 2, Block D, in Brooklawn
Subdivision; and pass Ordinances 8544-14, 8545-14 and 8546-14 on first
reading. (ANX2014-01002)
This voluntary annexation petition involves four parcels of land totaling 0.561
acres. All parcels are occupied by a single-family dwelling. The four 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
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Item # 8
Council 2014-03-20 5
Mall Septic-to-Sewer Project. All properties are contiguous to existing city
boundaries in at least one direction. It is proposed that the properties be assigned
a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
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 annexations are consistent with and promote 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
Draft
Attachment number 1 \nPage 5 of 18
Item # 8
Council 2014-03-20 6
The properties proposed for annexation are contiguous to existing City
boundaries; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
Vice Mayor Paul Gibson moved to approve the annexation, initial Future Land Use Map
designation of Residential Urban (RU) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 1255 Union Street, 1353 Union Street,
1964 Chenango Avenue, and 1284 Bertland Way, together with the south half of the
Union Street Right of Way abutting Lots 1 and 2, Block D, in Brooklawn Subdivision.
The motion was duly seconded and carried unanimously.
Ordinance 8544-14 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8544-14 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8545-14 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8545-14 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8546-14 was presented and read by title only. Councilmember Jay E.
Polglaze moved to pass on Ordinance 8546-14 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
7.3 Approve amendments to the Community Development Code addressing the
locational criteria for community residential homes, the establishment of the
planned medical campus and planned medical campus project uses, the
Draft
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Item # 8
Council 2014-03-20 7
establishment of standards regarding valet parking, and the definitions of
outdoor storage, planned medical campus and planned medical campus project
and pass Ordinance 8540-14 on first reading.
On January 21, 2003, the Community Development Board (CDB) approved a
Flexible Development application for Morton Plant Hospital to act as a master plan
of sorts for the hospital campus. However, over the years, this method of approval
has been found to be lacking in flexibility from a hospital planning perspective and
staff and the hospital have been searching for a new method to facilitate current
and future development of the hospital campus without requiring public hearings
to make even slight amendments to a prior approval. As such, staff is proposing
the following amendments to the Community Development Code (CDC):
• Establish Planned Medical Campus Project as a Flexible Standard
Development (FLS) use within the Institutional (I) District, and establishes
Planned Medical Campus as a Flexible Development (FLD) use within the
Institutional (I) District;
• Provide for development standards and flexibility criteria for the Planned
Medical Campus and Planned Medical Campus Project uses;
• Define Planned Medical Campus as land that is planned and developed as
a whole in a single development or a programmed series of developments
for the purpose of providing medical, diagnostic, and treatment services
including physician, nursing, specialized accommodations, and other health
services. A planned medical campus may include numerous projects to be
constructed over a period of time and will include not only the buildings
where various health services will be provided, but also those streets, off-
street parking areas, pedestrian and bicycle circulation systems, and
utilities serving those buildings; and,
• Define Planned Medical Campus Project as a project that is identified as a
part of an approved planned medical campus. This term expressly does not
include stormwater and utility projects that are not otherwise expressly
associated with or required for a primary or accessory use allowed within
the campus.
In addition, staff is also proposing the following additional amendments to the
CDC:
• Amend Chart 2-100 to remove Outdoor Retail Sales, Display and/or
Storage as a permissible use in the Industrial, Research and Technology
(IRT) District and replace it with Outdoor Storage; Draft
Attachment number 1 \nPage 7 of 18
Item # 8
Council 2014-03-20 8
• Provide a footnote to Tables 2-202, 2-302, 2-402, and 2-502, further
illustrating the existing requirement that Community Residential Homes
shall not be located within 1,000 feet of one another;
• Establish standards regarding valet parking that would only permit such
for overnight accommodations uses within the Tourist (T) and Downtown
(D) Districts, or within a Special Area Plan; and would require an
attendant be available 24-hours per day; and allow certain exceptions to
the design standards for parking lots and garages; and,
• Define Outdoor Storage as the storage, in an outdoor unroofed area, of
merchandise offered for sale as a permitted use or of equipment,
machinery and materials used in the ordinary course of a permitted use.
This term expressly does not include debris or salvage yards as defined in
this section.
The Planning and Development Department has determined that the proposed
text amendment to the Community Development Code is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report. The Community
Development Board (CDB) will review the proposed text amendment at its
meeting of March 18, 2014.
Planner Robert Tefft reviewed language clarifying valet parking design criteria. Staff
recommends Section 9, page 12, of the ordinance be amended to read as follows:
K. Valet parking
1. An overnight accommodations use located in either the Tourist (T) District,
Downtown (D) District, or within a Special Area Plan, and that meets its minimum off-
street parking requirement (inclusive of any provided valet parking spaces), may
provide
design.
all or part of its required off-street parking as valet parking provided that a
parking garage or parking lot with attendants are available 24-hours per day to receive,
park and deliver the automobiles of occupants, tenants, customers and visitors on a
permanent basis. The design of the valet parking must meet
a1. Parking spaces need not be delineated with pavement marking;
however stall and aisle dimensions shall be depicted on the site plan; and
, subject to meeting all
other requirements of this section with the following exceptions:
b2. Parking stall dimensions shall be a minimum of eight and one-half
(8½) feet wide and sixteen (16’) feet deep with a maximum stacking of two
(2) vehicles; and Draft
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Item # 8
Council 2014-03-20 9
c3. Parking spaces may be provided within the drive-aisle of the valet
parking area so long as they are located on only on one side of the drive-
aisle.
2. Any overnight accommodations use that does not meet its minimum off-street parking
requirement may not utilize valet parking.
Vice Mayor Paul Gibson moved to approve amendments to the Community
Development Code addressing the locational criteria for community residential homes,
the establishment of the planned medical campus and planned medical campus project
uses, the establishment of standards regarding valet parking, and the definitions of
outdoor storage, planned medical campus and planned medical campus project. The
motion was duly seconded and carried unanimously.
Ordinance 8540-14 was presented and read by title only.
Councilmember Doreen Hock-DiPolito moved to amend Ordinance 8540-14, Section 3-
1402.K on page 12, as follows:
K. Valet parking
1. An overnight accommodations use located in either the Tourist (T) District,
Downtown (D) District, or within a Special Area Plan, and that meets its minimum off-
street parking requirement (inclusive of any provided valet parking spaces), may
provide
design.
all or part of its required off-street parking as valet parking provided that a
parking garage or parking lot with attendants are available 24-hours per day to receive,
park and deliver the automobiles of occupants, tenants, customers and visitors on a
permanent basis. The design of the valet parking must meet
a1. Parking spaces need not be delineated with pavement marking;
however stall and aisle dimensions shall be depicted on the site plan; and
, subject to meeting all
other requirements of this section with the following exceptions:
b2. Parking stall dimensions shall be a minimum of eight and one-half
(8½) feet wide and sixteen (16’) feet deep with a maximum stacking of two
(2) vehicles; and
c3. Parking spaces may be provided within the drive-aisle of the valet
parking area so long as they are located on only on one side of the drive-
aisle.
2. Any overnight accommodations use that does not meet its minimum off-street parking
requirement may not utilize valet parking.
Draft
Attachment number 1 \nPage 9 of 18
Item # 8
Council 2014-03-20 10
The motion was duly seconded and carried unanimously.
Councilmember Bill Jonson moved to pass Ordinance 8540-14, as amended, on first
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
City Manager Reports
8.
Consent Agenda – Approved as submitted.
8.1
Approve the purchase of property insurance policies, from April 1, 2014 to April
1, 2015, at the level of insurance provided for in this agenda item, at an amount
not to exceed $1,866,570, and authorize the appropriate officials to execute
same. (consent)
8.2
Approve the second renewal of a Purchase Order, in the amount of $1,640,300,
with Florida Gas Contractors, Inc. for the replacement of antiquated gas mains
and service lines for the period of April 1, 2014 to March 31, 2015, and authorize
the appropriate officials to execute same. (consent)
8.3
Approve the fourth amendment to the Capitol Theatre Operating Agreement
between the City of Clearwater and Ruth Eckerd Hall, Inc. REH) deleting the
requirement of the receipt of State funding identified in previous amendments,
and authorize the appropriate officials to execute same. (consent)
8.4
Award a contract (Purchase order) for $125,337.00 to Alan Jay Fleet Sales for
three 2014 Chevy Suburbans, in accordance with the Florida Sheriffs Contract
13-21-0904, 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 interests; and authorize the
appropriate officials to execute same. (consent)
8.5 Award a Contract (Purchase Order) for $162,888.00 to Hub City Ford, for eight
Draft
Attachment number 1 \nPage 10 of 18
Item # 8
Council 2014-03-20 11
2014 Ford Taurus sedans, in accordance with the Florida Sheriffs Contract 13-
21-0904, 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 interests; and authorize the appropriate officials
to execute same. (consent)
8.6
Award a contract (purchase order) to J Grez Transport, Inc. of Tampa, FL in the
amount of $270,000 for the hauling of single stream recycling commodity from
the City’s recycling facility to the processing contractors facility, from April 1,
2014 through March 30, 2015, as provided in the City’s Code of Ordinances,
Section 2.561 and authorize the appropriate officials to execute the same.
(consent)
8.7
Approve a work order to King Engineering Associates, Inc. Engineer of Record
(EOR) in the amount of $190,792.00 to provide planning, design, permitting and
other services related to the County Road 193, Grove Circle, and Belcher Area
Sewer Expansion Project (13-0049-UT); and authorize the appropriate officials to
execute same. (consent)
8.8
Award a construction contract to Wharton-Smith, Inc. of Sanford, Florida, in the
amount of $2,330,020 for construction of the Northeast Water Reclamation
Facility Screw Lift Station Upgrades Project 12-0017-UT, which is the lowest
responsible bid received in accordance with the plans and specifications for this
project; approve a work order to Engineer of Record, Jones Edmunds and
Associates, Inc. in the amount of $161,444 to provide Construction, Engineering
and Inspection (CEI) services, and authorize the appropriate officials to execute
same. (consent)
8.9
Appoint Suzanne Ruley as the Clearwater Arts Alliance, Inc. representative and
reappoint Alex Plisko, Jr. to the Public Art and Design Board with terms to expire
March 31, 2018. (consent)
Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
9. Other Items on City Manager Reports
9.1
Amend the City’s fiscal year 2013/14 Operating and Capital Improvement
Budgets at first quarter and pass Ordinances 8550-14 and 8551-14 on first
reading.
Draft
Attachment number 1 \nPage 11 of 18
Item # 8
Council 2014-03-20 12
The fiscal year 2013/14 Operating and Capital Improvement Budgets were
adopted in September 2013 by Ordinances 8476-13 and 8477-13. Section 2.521
of the City’s Code of Ordinances requires the City Manager to prepare a quarterly
report detailing income, expenditure estimates, collections, the explanation of
significant variances, as well as the financial status of all capital improvement
projects. The memorandum and the accompanying report provide this information
and outline the issues at first quarter that require amendment.
Councilmember Jay Polglaze moved to amend the City’s fiscal year 2013/14 Operating
and Capital Improvement Budgets at first quarter. The motion was duly seconded and
carried unanimously.
Ordinance 8550-14 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8550-14 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8551-14 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8551-14 on first reading. The motion was duly seconded and
upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
9.2
Provide direction regarding amending the Clearwater Downtown Redevelopment
Plan to allow high and dry marina facilities in the Old Bay Character District in
Downtown Clearwater.
The Clearwater Downtown Redevelopment Plan (Downtown Plan) effective in
2004 consolidated planning efforts and previous planning documents for the
original Community Redevelopment Area, four areas adjacent to Downtown
governed by the Downtown Clearwater Periphery Plan, and the expanded
Community Redevelopment Area (East Gateway). Three of the most important
principles that guided the development of the Plan centered on the need to focus
on Downtown’s unique waterfront location, the need to attract new residents
through the construction of new housing and the need to eliminate blighting
Draft
Attachment number 1 \nPage 12 of 18
Item # 8
Council 2014-03-20 13
conditions such as industrial uses, lack of infrastructure and dilapidated
properties.
The Downtown Plan established six distinctive Character Districts to govern
development. The Old Bay Character District located north of the Downtown Core
(Old Bay Character District Location Map) specifically calls for the redevelopment
of land west of North Osceola Avenue along Clearwater Harbor with higher-
density residential uses (100 to 150 feet in height). Due to its waterfront location,
this area is a prime residential area that will likely attract redevelopment that will
expand the available housing choices and price points in Downtown.
Issue
A site plan application was filed for a high and dry boat storage facility at 900 N.
Osceola Avenue which is located on the west side of North Osceola Avenue and
on the most northern parcel of the Old Bay Character District adjacent to a single
family zoned neighborhood. The Community Development Board reviewed the
application at its July 16, 2013 meeting and after much discussion denied the
application due to the proposed use’s inconsistency with the Downtown Plan. The
applicant is now requesting that City Council consider amending the Downtown
Plan to support a high and dry boat storage facility in this location.
Background
This site was once occupied by the Clearwater Bay Marina and included open and
covered boat slips on the water, boat repair and storage on the uplands as well as
several small single story buildings. The 2000 update of the Periphery Plan
identified this property as a mixed-use (commercial, residential and office)
waterfront redevelopment site and then later the 2004 Downtown Plan recognized
this area solely for residential development. In January 2005, a 133 unit
residential development known as Antiqua Bay was approved for the site. The
nonconforming high and dry facilities were demolished and the condominium
construction got underway. Unfortunately, the development became a victim of
the Great Recession and construction was abandoned at some point after the
pilings were constructed.
In 2009, the Community Development Board approved an application to reuse the
vacant marina slips that still existed at the site. This approval was granted so the
owner could enjoy some economic use of the property until the residential market
rebounded. The conditions of approval were very clear that the marina could not
be commercial in nature, could have no fueling facilities, boat launching or dry
storage of boats and the submerged land could not be separated from the upland.
Furthermore, there was a condition regarding the need to comply with the Plan’s
transition guidelines when a residential component is proposed for the site. The
Draft
Attachment number 1 \nPage 13 of 18
Item # 8
Council 2014-03-20 14
property owner is now requesting that City Council abandon its vision for the
District and allow the re-establishment of an industrial-like use that was previously
eliminated consistent with the Plan’s strategic objectives.
Recommendation
The Downtown Plan establishes a long-term vision for Downtown Clearwater.
Staff’s caution in this case is to potentially sacrifice long-term vision for short-term
gains due to pressures of expediency. The City of Clearwater clearly determined
at some point to de-industrialize its downtown harbor front in favor of re-
invigorating Downtown as a residential location. Staff does not in any way
question the viability of a high and dry marina, but rather questions the
presumption that long-term viability or desirability of the area to support residential
infill development is somehow now misplaced.
There is clear evidence that the residential market is beginning to gain some
strength and this includes Downtown. On February 18, 2014, the Community
Development Board approved a 153-unit rental development essentially across
the street from the site at 802 North Fort Harrison Avenue (Proposed High and
Dry Location Map). On May 21, 2013, the Community Development Board
approved a 52-unit condominium at 400 Cleveland Street in the Downtown Core.
Staff has been advised the developer will be filing for building permits in 30 days.
The Finale Condominium located at 1590 Gulf Boulevard was approved on April
29, 2013 and is now under construction. A site plan application has been
submitted for the Prospect Lake Park project, which includes 257 rental units and
the Department, is starting to field serious inquires about the abandoned 1100
Cleveland Street property.
The Planning and Development Department believes the current vision for the Old
Bay Character District remains valid and should not be changed to reestablish a
working waterfront use in an area targeted for new waterfront residential
redevelopment. If City Council is inclined to change its vision in favor of a high
and dry boat storage facility in this location, it may want to consider this issue as a
topic for the ULI Panel Advisory Study.
In response to questions, Planning and Development Assistant Director Gina Clayton
said the Downtown Plan specifies residential development west of Osceola Avenue.
Since marinas are not listed as prohibitive use in the Old Bay Character District, staff
may move forward with the request without amending the Plan if Council provides that
policy direction. Development of the Downtown Plan included a lengthy public process,
which included Council and citizen input. Planning and Development Director Michael
Delk said the Applicant can file another application if Council provides staff direction that
the policy be amended so that the area west of Osceola Avenue not be residential in
scope. This policy change will require an ordinance change.
Draft
Attachment number 1 \nPage 14 of 18
Item # 8
Council 2014-03-20 15
The City Attorney said allowing the proposed use in this area will not change the
regulatory standards relating to height and separation.
Ms. Clayton said the proposed project does not meet the setback requirements from the
north property line. The setback from the east mean high water line is 92 feet. The
City Attorney said the application presented to the City is unlikely to be approved under
the current code.
Six individuals spoke in support. One individual expressed concerns with the lack of
setback transitions in the proposed project.
Discussion ensued with support expressed to include subject area in the ULI (Urban
Land Institute) study and proceed with any plan amendments when the study is
completed and opportunity for public comment has been given. Concerns were
expressed with current state of the proposed site and impact delaying staff guidance
would have on the project.
Councilmember Jonson moved to deny giving requested guidance to staff that would
allow a marina in this location, require public comment and ULI study prior to hearing
the request. The motion was duly seconded. Mayor George Cretekos and
Councilmembers Doreen Hock-DiPolito and Bill Jonson voted, “Aye”; Vice Mayor Paul
Gibson and Councilmember Jay Polglaze voted “Nay”.
Motion carried.
9.3
Approve the Letter of Intent between Paradise Group, LLC, of Safety Harbor,
Florida and The City of Clearwater, Florida concerning the design, finance
construction, ownership and operation of a parking garage and retail complex at
the rear of the Pelican Walk Retail Center on Poinsettia Street; authorize the
appropriate officials to execute same and; direct staff to negotiate and prepare
the necessary documents to implement the terms and conditions of the Letter of
Intent.
Beach by Design, the City Redevelopment Plan for Clearwater Beach, identified
the parcel located behind the Pelican Walk Retail Center on Poinsettia Street as a
strategic location for a public parking garage to facilitate achievement of the Plan
intent to revitalize the Beach, and particularly the Marina District, by increasing
visitor/beachgoer parking in the Mandalay /North Beach area as well as freeing
up the development potential of the small, waterfront parcels along East Shore
through the ready availability of proximate off-street parking .
Negotiations with owners of the subject parcel have occurred periodically since
2002, but due to a variety of economic and business circumstances, failed to
produce an agreement to allow construction of the garage. During this same
Draft
Attachment number 1 \nPage 15 of 18
Item # 8
Council 2014-03-20 16
period, however, the need for the parking, from both visitor/beachgoer/employee
and East Shore development potential standpoints have continued to increase.
The need for a parking structure has become evident, and the strategic location of
the Pelican Walk parcel has taken on heightened significance.
Council members have, throughout this period, indicated to staff the perceived
strategic importance of the garage/garage site and urged staff to bring forward for
council consideration any viable deal structures that could result in construction of
a public parking structure to address the above-stated needs/objectives.
Paradise Group, LLC has obtained a purchase option on the Pelican Walk Retail
Center and Poinsettia Street lot and has approached the City to discuss a
structure to allow construction of the Beach by Design -recommended parking
structure in conjunction with a repositioning of the Pelican Walk Retail Center.
Their purchase option expires on June 1, 2014, necessitating an expeditious
response by the parties.
Paradise Group, LLC and city staff have met to discuss parameters of a deal
structure to meet developer requirements to complete acquisition of the complex,
as well as city financial, legal and policy constraints. The Letter of Intent reflects
the results of those discussions.
The Letter of Intent provides, among other provisions, that Paradise Group would
construct and operate the garage until the City put obligation of $9.3 million
expires in July 1, 2016, after which the City would purchase 450 spaces of public
parking via a condominium arrangement. The purchase price would total $11,
314, 800, or $25,144/space. Paradise would retain ownership of the ground floor,
through condominium, for employee parking, service access/egress and 11,000
sq. ft. of retail facing Poinsettia Street and construct 50 spaces in the garage for
Pelican Walk Retail parking in the garage structure. The option to add additional
spaces to the City condominium prior to design, at $25, 441/space, is provided.
Since the Paradise Group, LLC is constructing and operating the garage until
2016 to bridge until the L.O. M. put obligation is released, as a concession to the
City, the City would be obligated to fund up to the first $ 250,000 of operating loss
against a gross revenue hurdle return of $1,250,000 annually. Any additional
operating deficit would be the responsibility of the Paradise Group.
The agreement is subject to a financial feasibility study of the projected garage,
acceptable to both parties, and memorialization of the terms and conditions in the
necessary Development Agreement, purchase contract, condominium documents
and development approvals.
Draft
Attachment number 1 \nPage 16 of 18
Item # 8
Council 2014-03-20 17
Funding for the transaction is anticipated to be the $9.3 million L.O.M. put option
reserve, anticipated to be available after June 30, 2016, combined with $2,
014,800 from the Parking Fund. An alternate could be the issuance of revenue
bonds against the pledged revenue of the parking fund.
The Council recessed from 7:55 p.m. to 8:05 p.m.
In response to questions, Engineering Director Mike Quillen said staff anticipates the
proposed structure will be six levels above ground level. Adding more parking levels
will increase the overall cost. Structure may be designed to accommodate additional
parking levels at a later date; the biggest cost will be the initial cost to build a garage
that can structurally support additional levels. Mr. Quillen said the structural support
would double once the garage is designed above seven levels, which will increase
construction cost by an additional $5,000 per parking space. Assistant City Manager
Rod Irwin said there is only 19,000 sq. ft. available on the site; 10,000 sq. ft. to 13,000
sq. ft. will be for retail space on the ground level, facing Poinsettia.
One individual spoke in support.
In response to a concern regarding the access points into the garage, Mr. Quillen said
staff is studying impact of a one-way traffic pair model. Staff will provide report findings
to Council at the following work session.
Councilmember Doreen Hock-DiPolito moved approve the Letter of Intent between
Paradise Group, LLC, of Safety Harbor, Florida and The City of Clearwater, Florida
concerning the design, finance construction, ownership and operation of a parking
garage and retail complex at the rear of the Pelican Walk Retail Center on Poinsettia
Street; authorize the appropriate officials to execute same and; direct staff to negotiate
and prepare the necessary documents to implement the terms and conditions of the
Letter of Intent. The motion was duly seconded and carried unanimously.
9.4
Pinellas County Aircraft Noise Abatement Task Force Appointment
Councilmember Bill Jonson moved to appoint Gaetano Accetta to the Pinellas County
Aircraft Noise Abatement Task Force.
It was stated that Mr. Accetta lives closest to the airport and was a Citizens Academy
graduate.
The motion failed for lack of a second.
Draft
Attachment number 1 \nPage 17 of 18
Item # 8
Council 2014-03-20 18
Councilmember Doreen Hock-DiPolito moved to appoint Michael Short to the Pinellas
County Aircraft Noise Abatement Task Force. The motion was duly seconded and
carried unanimously.
Miscellaneous Reports and Items
10.
City Manager Verbal Reports – None.
11.
Closing Comments by Mayor
Mayor George Cretekos reviewed recent and upcoming events.
12.
Adjourn
The meeting adjourned at 8:44 p.m.
Mayor
City of Clearwater
Attest
City Clerk Draft
Attachment number 1 \nPage 18 of 18
Item # 8
Re Item 5.2
Motion to amend the March 20, 2014 council minutes, page 15, line 15, as follows:
Councilmember Jonson moved to deny giving requested guidance to staff that would
allow a marina in this location, and further that require public comment in a public
meeting be held and as well as the ULI study prior to hearing the at request. The
motion was duly seconded. Mayor George Cretekos and Councilmembers Doreen
Hock-DiPolito and Bill Jonson voted, “Aye”; Vice Mayor Paul Gibson and
Councilmember Jay Polglaze voted “Nay”.
Motion carried.
Attachment number 2 \nPage 1 of 1
Item # 8
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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:
Cover Memo
Item # 9
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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
Cover Memo
Item # 10
urban service area shall be promoted through application of the Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City’s tax base through the annexation of a variety of land uses
located within the Clearwater Planning Area.
The proposed Residential 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:
Cover Memo
Item # 10
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 # 10
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 # 10
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 # 10
Exhibit B
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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 # 10
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 # 10
Exhibit C
LAKE
60
60 60
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80
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80
38
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12345678910111213
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1234
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23
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1952
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1981
12
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1245
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1997
1987
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1995
7
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4
12
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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 # 10
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 # 10
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 # 10
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 # 10
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 # 10
Exhibit B
60 60 60
60
60
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60 60
60
60
60
60
60
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I
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2
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DUNEDIN
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RU
RU
RU
RM
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RM
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PALM ST
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LANTANA AVE
13
3
1
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1
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13
4
1
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4
4
2014
2066
12
7
1
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6
3
13
3
0
13
2
2
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13
4
5
2068
2070
2072
13
1
0
13
0
0
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2028
13
1
0
13
0
0
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13
2
5
13
1
7
13
0
1
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9
5
12
8
7
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8
3
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7
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7
3
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6
5
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1
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5
3
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4
9
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4
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1
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12
9
1
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6
0
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5
6
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2
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6
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5
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2
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5
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2067
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3
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5
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4
5
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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 # 10
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 # 10
Exhibit C
LA K
60
60 60
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80
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30
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60 60
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38
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45
30
40
3
0
40
28098
83
9
7
0
87912
M
O
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G
C
4
6 12
1
2
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12345678910111213
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38394041424344
45 46 47 48 49 50 51
6 7 8 9
15 16 17 18
7 8 9 10 11 12
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1920212223
1234
5
10
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6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23
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6
7
1415
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4445
4647
49
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14
5 6 7
12 13 14
5 6 7 8
4
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8
22
1
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1
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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
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1938
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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
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1928
1918
1920
12
8
5
1949
1933
1943
12
3
0
1946
1952
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1958
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1962
1964
12
8
8
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8
4
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0
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6
12
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1974
12
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7
12
7
9
12
7
5
12
7
3
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7
1
1961
1963
12
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5
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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
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5
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1
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5
3
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9
12
4
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12
4
1
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3
5
12
3
1
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2
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5
2
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6
1981
1987
12
2
4
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3
1
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2
6
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2
0
12
1
6
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3
3
12
2
5
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3
2
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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 # 10
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 # 10
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 # 10
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 # 10
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 # 10
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
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A
B
C
A
B
C
E
TRACT "B"
12
3
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1 2
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8
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11 1
2
3
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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
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7
8
9101112
13 14 15 16
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21222324
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9
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151617181920
21
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23
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1
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78
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10
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5
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10
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5
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106 107108 109 110 111
2
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1
1
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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
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7
7
12
7
3
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7
1
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7
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6
5
12
6
1
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3
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5
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1
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1
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12
6
0
12
5
6
12
5
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6
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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
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4
3
12
3
5
12
9
2
12
6
6
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6
0
12
5
4
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5
0
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4
6
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4
2
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1
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3
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9
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7
7
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1
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5
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5
9
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5
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4
5
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3
9
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2060
2064
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8
3
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7
9
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5
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6
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4
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3
3
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7
8
12
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0
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6
6
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6
0
12
5
6
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0
12
4
6
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4
4
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8
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0
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5
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7
3
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7
1
12
6
5
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6
7
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6
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4
5
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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 # 10
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 # 10
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
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14
15
16
17
18
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20 21
12345678910111213
14
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20
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33
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37
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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
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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
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53
54
55
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5
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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 # 10
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 # 10
[[
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[
[
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 # 10
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 # 10
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 # 10
60 60 60
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45
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87.7
12060
15840 46998
80388
ABC
F G
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K
L M
M
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A
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C
E
TRACT "B"
12
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(25)
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2324252627282930
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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
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1
13
2
1
13
2
5
13
1
7
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2083
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2025
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7
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1
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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
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4
5
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4
3
12
9
0
12
8
4
12
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0
12
7
2
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9
3
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2
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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
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3
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9
2000
2049
2053
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2047 2048
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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
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3
5
12
7
8
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7
4
12
7
0
12
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6
12
6
2
12
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0
12
5
6
12
5
0
12
4
6
12
4
4
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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 # 10
LAKE
60
60 60
60
60
60
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60
80
38
30
60
60 60
40
60
38
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60
45
30
40
3
0
40
28098
83
9
7
0
87912
M
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6 12
5
1
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12345678910111213
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38394041424344
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19202122
1234
5
10
11
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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
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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
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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
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1234
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12
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1
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1
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3
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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 # 10
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
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1
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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
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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
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9
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60
63
30
36
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21060
I
J
11 13
14
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6
9 10
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1
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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
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13
0
0
2025
13
2
5
13
1
7
13
0
1
12
9
5
12
8
7
12
8
3
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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 # 10
LA K
60
60 60
60
60
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6060
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60
80
60
80
38
30
60
60 60
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60
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3
0
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28098
83
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87912
M
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12345678910111213
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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 # 10
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 # 10
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 # 10
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
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2 0 1 5
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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 # 10
LAKE
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83
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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 # 10
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 # 10
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 # 10
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 # 10
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 # 10
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 # 10
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 # 10
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 # 10
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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
Cover Memo
Item # 11
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 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:
Cover Memo
Item # 11
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 # 11
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 # 11
Exhibit A
CITY OF SAFETY HARBOR
0
3
0
4
5
2163
2155
29
9
7
29
9
4
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30
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2295
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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
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29
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2205
2270
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1
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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 # 11
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 # 11
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 # 11
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
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6
2
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3
5
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6
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7
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2263
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2175
30
5
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2
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8
5
30
6
8
30
7
4
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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
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8
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8
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ump
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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 # 11
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 # 11
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 # 11
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
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1
30
5
6
3
0
0
2
29
9
3
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2155
30
6
2
30
3
5
30
2
3
30
6
7
30
7
9
30
8
6
30
4
2
30
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1
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2250 2251
2263
22682267
2276
2175
30
5
3
30
6
0
30
2
4
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6
0
30
3
2
2245
2258
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30
5
4
2171
29
9
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2999
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2144
2133
30
3
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0
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3
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30
2
9
3001
30
4
1
30
2
9
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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
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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 # 11
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
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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 # 11
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
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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 # 11
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
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3
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2 1 2 1
2 1 0 9
30
4
0
30
6
9
30
1
3
30
4
0
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8
0
2199
30
0
8
30
1
6
3
0
5
7
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3
7
30
2
9
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4
1
30
2
9
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4
7
30
7
3
30
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1
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0
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1
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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
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2205
2270
30
1
30
2
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30
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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 # 11
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
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4
0
30
6
9
30
1
3
30
4
0
30
8
0
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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
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29
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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 # 11
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
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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
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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
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3
7
30
2
9
3001
30
4
1
30
2
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4
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2163
30
7
3
30
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1
30
8
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1
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2243 2244
2257
22622261
30
3
6
30
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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
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MDR
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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 # 11
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
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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
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30
4
1
30
2
9
30
4
7
30
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1
30
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0
30
1
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2243 2244
2257
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30
3
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30
4
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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
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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 # 11
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 # 11
MOTION TO AMEND ORDINANCE NO. 8547-14 ON FIRST READING
On page 1, amend the ordinance as follows:
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. However, such use shall be limited to the keeping of the number of
horses allowed by said Pinellas County Code Section based upon the acreage of the
parcel being annexed, alone or in combination with any other parcel joined to it by a
recorded Unity of Title.
_______________________________
Pamela K. Akin
City Attorney
April 16, 2014
Attachment number 3 \nPage 1 of 1
Item # 11
MOTION TO AMEND ORDINANCE NO. 8548-14 ON FIRST READING
On page 1, amend the ordinance as follows:
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. However, such use shall be limited to the keeping of the number of
horses allowed by said Pinellas County Code Section based upon the acreage of the
parcel being annexed, alone or in combination with any other parcel joined to it by a
recorded Unity of Title.
_______________________________
Pamela K. Akin
City Attorney
April 16, 2014
Attachment number 4 \nPage 1 of 1
Item # 11
MOTION TO AMEND ORDINANCE NO. 8549-14 ON FIRST READING
On page 1, amend the ordinance as follows:
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. However, such use shall be limited to the keeping of the number of
horses allowed by said Pinellas County Code Section based upon the acreage of the
parcel being annexed, alone or in combination with any other parcel joined to it by a
recorded Unity of Title.
_______________________________
Pamela K. Akin
City Attorney
April 16, 2014
Attachment number 5 \nPage 1 of 1
Item # 11
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. However, such use shall be limited to the keeping of the number of
horses allowed by said Pinellas County Code Section based upon the acreage of the
parcel being annexed, alone or in combination with any other parcel joined to it by a
recorded Unity of Title.
Attachment number 6 \nPage 1 of 2
Item # 11
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
AS AMENDED
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 6 \nPage 2 of 2
Item # 11
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. However, such use shall be limited to the keeping of the number of
Attachment number 7 \nPage 1 of 2
Item # 11
2 Ordinance No. 8548-14
horses allowed by said Pinellas County Code Section based upon the acreage of the
parcel being annexed, alone or in combination with any other parcel joined to it by a
recorded Unity of Title.
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 7 \nPage 2 of 2
Item # 11
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. However, such use shall be limited to the keeping of the number of
horses allowed by said Pinellas County Code Section based upon the acreage of the
parcel being annexed, alone or in combination with any other parcel joined to it by a
recorded Unity of Title.
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 8 \nPage 1 of 2
Item # 11
2
Ordinance No. 8549-14
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 8 \nPage 2 of 2
Item # 11
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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.”
Cover Memo
Item # 12
Review Approval:
Cover Memo
Item # 12
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 # 12
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 # 12
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 # 12
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:
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STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION
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Attachment number 4 \nPage 5 of 20
Item # 12
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Attachment number 4 \nPage 6 of 20
Item # 12
59
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Attachment number 4 \nPage 7 of 20
Item # 12
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Attachment number 4 \nPage 8 of 20
Item # 12
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Attachment number 4 \nPage 9 of 20
Item # 12
LA
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Attachment number 4 \nPage 10 of 20
Item # 12
LA
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Attachment number 4 \nPage 11 of 20
Item # 12
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x
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LA
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Attachment number 4 \nPage 12 of 20
Item # 12
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Attachment number 4 \nPage 13 of 20
Item # 12
LA
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16
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Attachment number 4 \nPage 14 of 20
Item # 12
DN
ST
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Attachment number 4 \nPage 15 of 20
Item # 12
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
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Attachment number 4 \nPage 16 of 20
Item # 12
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Item # 12
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Attachment number 4 \nPage 18 of 20
Item # 12
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MARCH 10, 2014
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Attachment number 4 \nPage 19 of 20
Item # 12
STEVE PAGE - PAGE COMPANIESBOB LYONS - COASTAL CONSTRUCTION
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HDA
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Attachment number 4 \nPage 20 of 20
Item # 12
Attachment number 5 \nPage 1 of 3
Item # 12
Attachment number 5 \nPage 2 of 3
Item # 12
Attachment number 5 \nPage 3 of 3
Item # 12
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Attachment number 6 \nPage 1 of 1
Item # 12
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 # 12
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 # 12
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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.
Cover Memo
Item # 13
Review Approval:
Cover Memo
Item # 13
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
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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 # 13
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
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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 # 13
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Johns Parkway 3119 ANX2014-02004 - Radjeski\Maps\ANX2014-
02004 Proposed Annexation.doc
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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 # 13
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Johns Parkway 3119 ANX2014-02004 - Radjeski\Maps\ANX2014-
02004 Future Land Use Map.doc
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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 # 13
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Johns Parkway 3119 ANX2014-02004 - Radjeski\Maps\ANX2014-
02004 Zoning Map.doc
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McMULLEN-BOOTH RD
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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 # 13
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Johns Parkway 3119 ANX2014-02004 - Radjeski\Maps\ANX2014-
02004 Existing Surrounding Uses.doc
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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 # 13
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 # 13
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 # 13
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 # 13
Exhibit A
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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 # 13
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 # 13
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 # 13
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 # 13
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 # 13
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 # 13
Exhibit A
30
50
211
40
30 304040
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200
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24
24
20
20
30
3030
30
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2242822410
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9 10 11 12 13 14 15 16 17
18
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A C (C)
2
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JOHNS PKWY
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LMDR
MHP
MDRO
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25
123
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2
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LMDR
LMDR
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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 # 13
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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
Cover Memo
Item # 14
boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044.
Review Approval:
Cover Memo
Item # 14
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
^
^
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DUNEDIN
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Attachment number 1 \nPage 1 of 25
Item # 14
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 # 14
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
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Attachment number 1 \nPage 3 of 25
Item # 14
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 # 14
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
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CH
E
N
A
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SHORE DR
SHORE DR
POINSETT
A
AVE
POINSETT
A
AVE
BERTLAND WAY BERTLAND WAY
MACOMBER AVE
MACOMBER AVE
-N
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Attachment number 1 \nPage 5 of 25
Item # 14
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 # 14
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
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1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
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9 10 11 12 13 14 15 16 17 18 19 20 21 22
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Attachment number 1 \nPage 7 of 25
Item # 14
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 # 14
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
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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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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
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22
1
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BE
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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
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12
8
7
12
7
9
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196912
5
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1278
1276
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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
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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
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Single Family Residential
Single Family Residential
Single Family Residential
Attachment number 1 \nPage 21 of 25
Item # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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
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5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22
2324252627282930313233343536
1
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1
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14 15 16 17 18 19
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Attachment number 2 \nPage 11 of 21
Item # 14
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 # 14
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
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0
60
30 60
40
3
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40
28098
83
9
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0
M
O
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C
4
TRACT "B"
6 12
5
(25)
1
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6
7
8
9
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11
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15
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12345678910111213
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6
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7
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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
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8
8
12
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12
7
6
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1932
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13
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1994
1979
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1933
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1920
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1937
1941
12
8
9
12
8
5
12
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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
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12
4
6
1999
1997
1981
1987
1996
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½
-N
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RU
Attachment number 2 \nPage 13 of 21
Item # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
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 # 14
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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:
Cover Memo
Item # 15
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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:
Cover Memo
Item # 16
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Item # 16
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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:
Cover Memo
Item # 17
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 # 17
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 # 17
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 # 17
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 # 17
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 # 17
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 # 17
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 # 17
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 # 17
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 # 17
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 # 17
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 # 17
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 # 17
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 A
PROPOSED REAL ESTATE TRANSACTION. IT MAY NOT REFLECT
CURRENT "ON THE GROUND" CONDITIONS AND/OR ACTUAL
LOCATIONS OF FEATURES. ALL DIMENSIONS, OFFSET DISTANCES,
AREA CALCULATIONS AND MEASUREMENT NOTATIONS SHOWN
ON 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 # 17
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 # 17
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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:
Cover Memo
Item # 18
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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
980,566.35 L/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:
Cover Memo
Item # 19
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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
189,642.00 L/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:Cover Memo
Item # 20
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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 218,000.00 L/P CIP
Bid Required?:Yes Bid Number:07-14
Other Bid / Contract:Bid Exceptions:None
Review Approval:
Cover Memo
Item # 21
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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
0316-94241-564100-519-000 527,408.00 L/P CIP
Bid Required?:No Bid Number:
Other Bid / Contract:
Florida
Sheriff's
Association
#13-11-0904
Bid Exceptions:
Other
Government
Bid
Review Approval:Cover Memo
Item # 22
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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:
Cover Memo
Item # 23
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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
$12,371.50 FY13/14
0421-01347-550400-535-000-
0000
$31,108.52 FY13/14
0421-01351-550400-535-000-$46,655.93 FY14/15 & FY15/16
Cover Memo
Item # 24
0000
0421-01347-550400-535-000-
0000
$117,317.75 FY14/15 & FY15/16
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:Sole Source
Review Approval:
Cover Memo
Item # 24
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 # 24
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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
$76,997.25 FY13/14
0421-01351-551000-535-000-$106,689.00 FY14/15
Cover Memo
Item # 25
0000
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:Sole Source
Review Approval:
Cover Memo
Item # 25
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 # 25
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Attachment number 2 \nPage 1 of 1
Item # 25
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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:
Cover Memo
Item # 26
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 # 26
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 # 26
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 # 26
Line Table
L1
L2
L3
L4
L5
L6
L7
L8
6
(
1
(
1
:
1
:
1
(
1
(
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(
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:
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 # 26
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
6
(
1
(
1
:
1
:
1
(
1
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60.3
233.3
152.0
72.6
76.8
266.5
483.3
92.2
Attachment number 2 \nPage 2 of 2
Item # 26
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
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R
HOYT AVE
SUE DR
B
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WEST VIRGINIA LN
MISSION
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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
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B
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JADEWOOD AVE
L A K E V I S T A DR
BEACHWOOD AVE
KAPO
K CIR
HOLLYW
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AVOCADO DR
MELO
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KAPOK KOVE DR
DOVEWOOD ST
SHADDOCK DR
W IN D W ARD IS LE
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KAPOKKOVECIR
TRINIDAD TRL
TERRACE VIEW LN
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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
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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 # 26
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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:
Cover Memo
Item # 27
Attachment number 1 \nPage 1 of 7
Item # 27
Attachment number 1 \nPage 2 of 7
Item # 27
Attachment number 1 \nPage 3 of 7
Item # 27
Attachment number 1 \nPage 4 of 7
Item # 27
Attachment number 1 \nPage 5 of 7
Item # 27
Attachment number 1 \nPage 6 of 7
Item # 27
Attachment number 1 \nPage 7 of 7
Item # 27
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^
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 # 27
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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:
Cover Memo
Item # 28
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^
LOCATION MAP
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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 # 28
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
SUBJECT / RECOMMENDATION:
Reappoint John Funk to the Community Development Board as the alternate member with term to expire April 30, 2018. (consent)
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:
Cover Memo
Item # 29
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 # 29
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 # 29
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 # 29
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
SUBJECT / RECOMMENDATION:
Reappoint Jerri Menaul to the Public Art and Design Board (Artist Qualification) with a term to expire April 30, 2018. (consent)
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:
Cover Memo
Item # 30
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
Home Address:
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Telephone:
Cell Phone: 1-)
How long a resident of Clearwater? Sl'nc e.
Occupation: O v\-' (D- f'( (ke55
Field of Education:
Office Address:
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Telephone: l-1 `l )-(e,
E -mail Address: jtVW rant
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Employer: nU CLA S Z 66 1 16F--
Other Work Experience:
If retired, former occupation:
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Community Activities: C"°"'-`J `1).)t•3
Other Interests:
Board Service (current and past):
Additional Comments:
Board Preference:
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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
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OPCFIVE
Attachment number 1 \nPage 1 of 2
Item # 30
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?
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Attachment number 1 \nPage 2 of 2
Item # 30
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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:
Cover Memo
Item # 31
Attachment number 1 \nPage 1 of 2
Item # 31
Attachment number 1 \nPage 2 of 2
Item # 31
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
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.
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:
Cover Memo
Item # 32
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 # 32
Attachment number 1 \nPage 2 of 2
Item # 32
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
SUBJECT / RECOMMENDATION:
Approve the Scope of Services Assignment, the recommended list of agencies to participate in ULI Resource Persons Interviews,
and the Advisory Services Agreement with Urban Land Institute and authorize the appropriate officials to execute same.
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:
Cover Memo
Item # 33
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 # 33
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 # 33
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 # 33
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 # 33
5 | Page
application of such an approach, including, where possible, potential issues or
lessons learned.
Attachment number 1 \nPage 5 of 5
Item # 33
Attachment number 2 \nPage 1 of 1
Item # 33
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 # 33
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 # 33
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 # 33
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 # 33
List of Agencies - ULI Resource Person Invitations
1. Clearwater City Council (Individual Interviews)
2. Community Development Board (Individual Interviews)
3. Downtown Development Board (Individual Interviews)
4. Clearwater Downtown Partnership
5. Downtown Tech Council
6. Pinellas County
7. PSTA
8. Church of Scientology
9. Clearwater Chamber of Commerce
10. Clearwater Marine Aquarium
11. Clearwater Neighborhood Coalition
12. Clearwater Downtown Neighborhood Association
13. Old Bay Neighborhood Association
14. East Gateway (SAG)
15. Clearwater Marine Advisory Board
16. Public Art and Design Board
17. Parks & Recreation Advisory Board
18. Intercultural Advocacy Center - Hispanic Outreach Center
Attachment number 4 \nPage 1 of 1
Item # 33
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:
Cover Memo
Item # 34
City Council Agenda
Council Chambers - City Hall
Meeting Date:4/16/2014
SUBJECT / RECOMMENDATION:
North Beach Sand Issue
SUMMARY:
Review Approval:
Cover Memo
Item # 35