08/18/2014Monday, August 18, 2014
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
Council Worksession
Work Session Agenda
August 18, 2014Council Worksession Work Session Agenda
1. Call to Order
2. Presentations
Service Awards2.1
3. Economic Development and Housing
Appoint eleven members to the Affordable Housing Advisory Committee
and adopt Resolution 14-26.
3.1
4. Parks and Recreation
Amend Appendix A relating to Parks, Beaches, and Recreation
Schedule of Fees, Rates and Charges Section XI, to establish
definitions for purposes of applying park facility user fees including
amending the definition of family to include domestic partnerships as
registered with the City of Clearwater or Pinellas County and pass
Ordinance 8575-14 on first reading.
4.1
Amend Section 22.35 of the City of Clearwater Code of Ordinances, to
clarify areas where fishing on public beaches is restricted and pass
Ordinance 8580-14 on first reading.
4.2
Approve a Right-of-Way (ROW) Beautification Revocable License
Agreement Form to be used with various neighborhood and association
groups for the purposes of maintaining landscaping and improvements
within City ROW’s and the City of Clearwater and authorize the City
Manager, or designee, to approve such agreements. (consent)
4.3
5. Engineering
Award a construction contract to Kloote Contracting, Inc. of Palm
Harbor, Fl. for Lift Station 29, 46, and 50 (13-0047-UT) improvements in
the amount of $374,788, which is the lowest responsible bid received in
accordance with plans and specifications, and authorize the appropriate
officials to execute same. (consent)
5.1
Approve a work order to Engineer of Record (EOR) URS Corporation in
the amount of $199,876, approve a Cooperative Funding Agreement
with Southwest Florida Water Management District (SWFWMD) in the
amount of $750,000.00 for the Reclaimed Water Expansion per 2014
Resident Requests (13-0052-UT) and authorize the appropriate officials
to execute same. (consent)
5.2
Page 2 City of Clearwater Printed on 8/15/2014
August 18, 2014Council Worksession Work Session Agenda
Approve the final plat for Majestic Oaks Replat, 3030 Union Street,
located on the north side of Union Street approximately 1,000 feet east
of McMullen Booth Road. (consent)
5.3
Approve a Scope of Services and Performance Agreement for a
three-year term, October 1, 2014 through September 30, 2017, to
include two optional additional one-year renewals with Data Ticket Inc.,
Newport Beach, CA, for parking violation processing services at a cost
of $1.29 per citation processed and for collection agency services at a
fee of 23% of total delinquent fines collected and authorize the
appropriate officials to execute same; and approve addition of one new
FTE to the Parking Enforcement Division (consent).
5.4
Approve the request from the owner of property addressed at 1355
Union Street to vacate a series of platted utility easements; and pass
Ordinance 8579-14 on first reading (VAC2014-02).
5.5
6. Planning
Provide direction on the proposed Development Agreement between
Mainstream Partners VIII, LTD. (the property owner) and the City of
Clearwater, providing for the allocation of 100 units from the Hotel
Density Reserve under Beach by Design and confirm a second public
hearing in City Council Chambers before City Council on August 20,
2014 at 6:00 p.m., or as soon thereafter as may be heard.
(HDA2013-08006; 405 Coronado Drive)
6.1
Approve of a Development Agreement between PV-Pelican Walk, LLC
(Paradise) and the City of Clearwater, to allow for a parking garage with
642 parking spaces (including 11,482 square feet of retail sales and
service space) in the Tourist (T) District as per Community Development
Code Section 4-606; adopt Resolution 14-23, and authorize the
appropriate officials to execute same. (DVA2014-06001)
6.2
Approve a Future Land Use Map Amendment from the Residential
Urban (RU) classification to the Institutional (I) classification and a
Zoning Atlas Amendment from the Low Medium Density Residential
(LMDR) District to the Institutional (I) District for properties located at
3049 and 3053 Cleveland Street and 3048 and 3054 Cherry Lane
(consisting of a portion of the South ½ of the Southeast ¼ of the
Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South,
Range 16 East); and pass Ordinances 8574-14 and 8573-14 on first
reading. (LUP2014-04001 and REZ2014-04001)
6.3
Page 3 City of Clearwater Printed on 8/15/2014
August 18, 2014Council Worksession Work Session Agenda
Approve the annexation, initial Future Land Use Map designations of
Residential Low (RL), Residential Medium (RM), and Preservation (P),
and Drainage Feature Overlay and initial Zoning Atlas designations of
Low Medium Density Residential (LMDR), Medium Density Residential
(MDR), and Preservation (P) districts for 1813 Carlton Drive; 1752 Evans
Drive; 2700 and 2715 Morningside Drive; 2709 and 2738 Woodring
Drive; 2718 Terrace Drive North; 2723/2725 South Drive and 2741
South Drive (all parcels are located in Section 5, Township 29 South,
Range 16 East); together with certain rights of way of South Drive,
Woodring Drive, Morningside Drive, Evans Drive and Terrace Drive; and
pass Ordinances 8576-14, 8577-14 and 8578-14 on first reading.
(ATA2014-05002)
6.4
7. Public Utilities
Approve a two year extension to existing contract to Carl Eric Johnson,
of Lawrenceville, GA (BPO BR506957) for the purchase of Moyno
Progressive Cavity Pumps and replacement parts for the contract period
November 1, 2014 through October 31, 2016, and authorize the
appropriate officials to execute same. (consent)
7.1
8. Solid Waste
Disposal Fees - Pinellas County Solid Waste
Award a contract (purchase order) to Pinellas County Solid Waste for an
operating expenditure of $3,900,000 for the disposal of solid waste at
the Pinellas County waste-to-energy plant/landfill for the period October
1, 2014 through September 30, 2015 as provided in the city’s Code of
Ordinances, Section 2.564 (1) (d), Services provided by Other
Governmental Entities, and authorize the appropriate officials to execute
same. (consent)
8.1
Disposal Fees - Angelo’s Recycled Materials
Award a contract (purchase order) to Angelo’s Recycled Materials, for
operating expenditures in the amount of $400,000 for the disposal of
solid waste at their site for the period October 1, 2014 through
September 30, 2015 as provided in the City’s Code of Ordinances,
Section 2.561 and authorize the appropriate officials to execute the
same. (consent)
8.2
9. Official Records and Legislative Services
Appoint Paul A. Doric to fill the remainder of an unexpired term on the
Airpark Advisory Board through April 30, 2017. (consent)
9.1
Provide direction regarding September 2, 2014 work session start time.9.2
Page 4 City of Clearwater Printed on 8/15/2014
August 18, 2014Council Worksession Work Session Agenda
10. Legal
Schedule an Attorney-Client session at 5:00 p.m. on September 4, 2014,
to discuss the settlement offer received in the case of Bair v. City.
10.1
11. City Manager Verbal Reports
Extended Pool / Library Hours11.1
12. City Attorney Verbal Reports
13. Council Discussion Item
Mandalay Park - Councilmember Hamilton13.1
Appointment of a subcommittee to discuss Downtown Issues -
Councilmember Jonson
13.2
Modify City Council Agenda - Councilmember Jonson13.3
14. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
15. Closing Comments by Mayor
16. Adjourn
17. Presentation(s) for Council Meeting
Habitat for Humanity - Mr. Sutton, CEO, and Mr. Ron Spoor, Ex VP.17.1
Clearwater High School Update - Principal Keith Mastorides17.2
Page 5 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-314
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Worksession
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Mary Beth Setter Economic Development
10 Years of Service
Sam Elliott Public Utilities
Timothy Ferlanie Public Utilities
Robert Lee Fire
Dzavit Lika Library
James Schaus Fire
Blaise Sciarra Fire
Milisa Wisman Public Utilities
15 Years of Service
Theroun Winston Solid Waste
Kevin Matthews Police
Steve Berenguer Solid Waste
Rodgerick Scott Solid Waste
Mark Wallace Parks and Recreation
20 Years of Service
Willie Porter Engineering/Stormwater
Thomas Wiggins Parks and Recreation
Erick Swinton Solid Waste
30 Years of Service
Wadine Shawen Planning and Development
Page 1 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-381
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Appoint eleven members to the Affordable Housing Advisory Committee and adopt Resolution
14-26.
SUMMARY:
Florida Statute Section 420.9076 states that counties and cities receiving State Housing
Initiatives Partnership (SHIP) program funds are required to re-establish an Affordable
Housing Advisory Committee (AHAC) and prepare a Local Housing Incentive Strategy (LHIS).
The statute further provides that the committee be made up of eleven members and that the
City appoint the eleven members by resolution. The eleven members must represent a
specific industry or a specific group.
The required groups and recommended individuals are listed below:
· Residential home building: Michael Potts
· Banking industry/mortgage: Linda Kemp
· Area of labor engaged in home building: Ronald Spoor
· Advocate for low-income person: Lisa Hughes
· For-profit provider of affordable housing: Peter Leach
· Not-for-profit provider of affordable housing: Jacqueline Rivera
· Real estate professional engaged in affordable housing: Peggy Cutcomb
· Member of the local planning agency: Michael Boutzoukas
· Clearwater resident: Vicki Adelson
· Employers representative: Kristin Dailey
· Essential Services representative: Bob Clifford
The duties of the Affordable Housing Advisory Committee shall include reviewing policies and
procedures, ordinances, land development regulations and the City’s adopted comprehensive
plan and shall recommend specific actions or initiatives to encourage or facilitate affordable
housing while protecting the ability of the property to appreciate in value. The
recommendations may include the modification or repeal of existing policies, procedures,
ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable
housing, or the adoption of the new policies, procedures, regulations, ordinances, or plan
provisions, including recommendations to amend local government comprehensive plan and
corresponding regulations, ordinances, and other policies. The report must be submitted to
the City Council by December 31, 2014. The reports are due triennially on December 31 of the
year preceding the submission of the Local Housing Assistance Plan. The report shall
evaluate the implementation of affordable housing incentives in several areas including the
processing of approvals of development orders or permits, as defined in s. 163.3164(7) and
Page 1 City of Clearwater Printed on 8/15/2014
File Number: ID#14-381
(8), for affordable housing projects is expedited to a greater degree than other projects and
the modification of impact-fee requirements, including reduction or waiver of fees and
alternative methods of fee payment for affordable housing.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 8/15/2014
Resolution No. 14-26
RESOLUTIONNO. 14-26
A RESOLUTION OF THECITY OFCLEARWATER,
FLORIDAAPPOINTINGTHE AFFORDABLE HOUSING
ADVISORY COMMITTEE (“COMMITTEE”) IN
ACCORDANCE WITH FLORIDA STATUTE SECTION
420.9076, AND REQUIRED FOR PURPOSES OF THE
STATE HOUSING INITIATIVES PARTNERSHIP (“SHIP”)
PROGRAM; PROVIDING THAT THE CITY’S
NEIGHBORHOOD AND AFFORDABLE HOUSING
ADVISORY BOARD (“NAHAB”)SHALL SERVE AS SAID
COMMITTEE; APPOINTING EXISTING NAHAB
MEMBERS TO THE COMMITTEE; APPOINTING
ADDITIONAL MEMBERS TO THE COMMITTEEIN
ACCORDANCE WITH SECTION 2.228, CODE OF
ORDINANCES OF THE CITY OF CLEARWATER;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the State Housing Initiatives Partnership
Act (“Act”) also known as the William E. Sadowski Affordable Housing Act, which
allocates a portion ofnew and existing documentary stamp taxes on deeds to local
governments for development of affordable housing through the SHIP Program; and
WHEREAS, the Act requires that in order to receive SHIP funds, the local
government appoint an Affordable Housing Advisory Committee to recommend
monetary and non-monetary incentives for the Affordable Housing Incentive Plan and
that its members be appointed by resolution; and it is desirable that the City
Neighborhood and Affordable Housing Advisory Board (“NAHAB”)serve as the
Affordable Housing Advisory Committee; now therefore
BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
SECTION 1: That the following existing members of the Neighborhood and
Affordable Housing Advisory Board are hereby appointed as members of the Affordable
Housing Advisory Committee:
Michael Pottsrepresenting the residential home building industry
Linda Kemp representing the banking or mortgage industry in connection
with affordable housing
Lisa Hughes as an advocate for low-income persons in connection with
affordable housing
Peggy Cutkomp representing those who are actively engaged as a real
estate professional in connection with affordable housing
Vicki Adelsonas citizen who resides within the City of Clearwater
Kristin Dailey representing employers within the City of Clearwater
Resolution No. 14-26
SECTION 2: That the following persons are hereby appointed to the Affordable
Housing Advisory Committee:
Ronald Spoor representing those areas of labor engaged in home
building in connection with affordable housing
Michael Boutzoukas who serves on the local planning agency
Peter Leach representing the for-profit provider of affordable housing
Bob Clifford representing essential services personnel
Jacqueline Rivera representing a not-for-profit provider of affordable
housing
SECTION 3: This resolution shall take effect immediatelyupon adoption.
PASSED AND ADOPTED this _______ day of August , 2014.
Approved on ______ day of __________, 2014.
______________________
George N. Cretekos
Mayor
Approved as to form:Attest:
_________________________________________
Laura Mahony Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8575-14
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Parks & Recreation
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Amend Appendix A relating to Parks, Beaches, and Recreation Schedule of Fees, Rates and
Charges Section XI, to establish definitions for purposes of applying park facility user fees
including amending the definition of family to include domestic partnerships as registered with
the City of Clearwater or Pinellas County and pass Ordinance 8575-14 on first reading.
SUMMARY:
In order to serve the public in a fair and equitable way in terms of establishing fee structures
for recreation cards and play passes the Parks and Recreation Department has for the past
40 years established department policies to define and regulate these fees. These definitions
appear in all City promotional materials most notably the “My Clearwater” magazine.
To provide consistence with Council action of June 7, 2012 with inclusion of Domestic
Partnership Registry staff recommends the following change to the classification definitions:
Youth: 18 years of age or younger or a full-time college student less than 23 years of age.
Senior: 55 years of age or older.
Adult: 19 years of age or older.
Adult Plus One: Two family members living in the same household.
Family: Husband and wife or two persons with a Registered Domestic Partnership with the
City of Clearwater or Pinellas County, Florida, or a legal guardian and their children who live in
the same household, who are 18 years of age or under, or less than 23 years of age and a
full-time college student.
The codification of these definitions as well as adding language that states “verification of any
age or family status may be required” will help staff in administering the fee structures
necessary to meet the needs of the community.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/15/2014
Ordinance No. 8575-14
ORDINANCE NO. 8575-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PARKS, BEACHES, AND
RECREATION; AMENDING APPENDIX A, SCHEDULE
OF FEES, RATES AND CHARGES, SECTION XI,
PARKS, BEACHES, RECREATION, TO ESTABLISH
VARIOUS CATEGORY DEFINITIONS FOR
PURPOSES OF APPLYING PARK FACILITY USER
FEES; AMENDING THE DEFINITION OF FAMILY TO
INCLUDE DOMESTIC PARTNERS AS REGISTERED
WITH THE DOMESTIC PARTNERSHIP REGISTRY OF
THE CITY OF CLEARWATER OR PINELLAS COUNTY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances empowers the city manager to regulate the
time, place and manner in which City park property is to be used and enjoyed by the
public; and
WHEREAS, the City Council has established certain criteria for classes of City
residents, including families, for the purpose of imposing fees for the use of recreation
facilities; and
WHEREAS, on June 7, 2012, the Clearwater City Council adopted Ordinance
No. 8329-12, creating a Domestic Partnership Registry to promote diversity and
accommodate residents who are not married under Florida law, but who live together in
committed, family relationships; and
WHEREAS, Pinellas County has also established a Domestic Partnership
Registry; and
WHEREAS, the City Council finds that providing access to City recreation
facilities to families, including those registered on a Domestic Partnership Registry,
promotes inclusion and diversity, and is in the best interest of the citizens of Clearwater,
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby
amended to read:
XI. PARKS, BEACHES, RECREATION:
* * *
Use of facilities by nonresidents (ch. 22):
Ordinance No. 8575-14
* * *
(2) The criteria which establish the class of City residents for the purpose of the fees
above are:
(a) Permanent residence within the incorporated boundaries of the City. For the
purposes of this Section, Permanent Residence shall mean a place where a
person has his or her true, fixed, and permanent home and principal
establishment which, whenever absent, he or she has the intention of
returning. Residence shall mean such permitted uses of the use category
“Residential” in the Clearwater Community Development Code, as may be
amended from time to time.
(b) Ownership of real property within the incorporated boundaries of the City, as
evidenced by the official tax rolls maintained by the county;
(c) Tourists and guests temporarily residing at properties three months or less,
within the incorporated boundaries of the City as evidenced by a motel key or
another resident member;
(d) Persons who are employees of the city, and their family which is hereby
defined as “Husband and wife or legal guardian and their children who live in
the same household, who are 18 years of age or under, or less than 23 years
of age and a full time college student;
(e) Persons who are retirees of the City of Clearwater;
(f) Active Military personnel and their family as defined in (d);
(g) Full Time employees or clients of the Upper Pinellas Association for Retarded
Citizens (UPARC), for the use of the Long Center facility and programs only;
(h) Corporate memberships to City wellness programs at City facilities funded by
businesses or employees of government institutions (within the incorporated
boundaries of the City);
i) Category definitions for recreation cards and play passes are as follows:
(1) Youth: 18 years of age or younger or a full-time college student less than
23 years of age.
(2) Senior: 55 years of age or older.
(3) Adult: 19 years of age or older.
(4) Adult Plus One: Two family members living in the same household.
(5) Family: Husband and wife or two persons with a Registered Domestic
Partnership with the City of Clearwater or Pinellas County, Florida, or a
legal guardian and their children who live in the same household, who are
Ordinance No. 8575-14
18 years of age or under, or less than 23 years of age and a full-time
college student.
(6) Verification of any age or family status may be required.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING __________________________
PASSED ON SECOND AND FINAL __________________________
READING AND ADOPTED
__________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
_____________________________ __________________________
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8580-14
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Parks & Recreation
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Amend Section 22.35 of the City of Clearwater Code of Ordinances, to clarify areas where
fishing on public beaches is restricted and pass Ordinance 8580-14 on first reading.
SUMMARY:
The intent of the original language in Section 22.35 was to prohibit fishing from public beaches
in a specific area of Clearwater Beach as described in section 33.114.
The current language restricts far more area than originally intended and in essence includes
any area where persons are allowed to swim.
Approval of this ordinance will clarify and restrict fishing within only those areas specified in
Section 33.114.
This ordinance is necessary to protect the public from an inherent safety conflict between
fishing and swimming in the same public beach areas.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-358
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Approve a Right-of-Way (ROW) Beautification Revocable License Agreement Form to be
used with various neighborhood and association groups for the purposes of maintaining
landscaping and improvements within City ROW’s and the City of Clearwater and authorize
the City Manager, or designee, to approve such agreements. (consent)
SUMMARY:
Over the past 20 to 25 years various agreements have been entered into with neighborhood
and Homeowner Associations (HOA's) regarding installation and maintenance of landscaping
and other beautification improvements on ROW’s and/or other public property. These
agreements while similar in nature have different formats, titles and requirements;
(Adopt-a-Park, Adopt-a-Median, ROW Agreement, etc.). For the most part they were created
so that individual HOA’s and neighborhood groups could provide enhanced beautification,
signage and other improvements at entry points into their subdivisions.
Staff is recommending that these agreements be standardized into one ROW Beautification
Revocable License Agreement Form that can be used for all of the current agreement holders.
After researching all of the files staff has verified that only eight of the original 18 agreements
are still valid and actively supported by their neighborhood or HOA’s. In addition there are
two neighborhood groups that do not have a formalized agreement but would need one to
continue to maintain flag poles on City properties.
Certified letters were sent to the eight remaining groups notifying them of the proposed
change in the agreements. Only two responded that they could meet the insurance
requirements and wanted to continue with an agreement. Five others wanted to continue but
did not have funds to pay for the insurance requirements being proposed.
Staff is recommending the template agreement have no requirements for additional insurance
thus, allowing these groups to continue to provide the enhancements currently in the ROW.
This provision will provide no additional expense to the City.
Each agreement will include standard language regarding the rights of the Licensee as well as
individual exhibits that detail the specific location of the median/ROW; specific
improvement/beautification; and specific maintenance responsibilities.
Following is a list of the various neighborhoods that would be included: Coachman Ridge,
Grovewood, Island Estates, Morningside/Meadows, Northwood Estates, Northwood West,
Sand Key, Windsor Park, Brookhill Subdivision and Skycrest.
Page 1 City of Clearwater Printed on 8/15/2014
File Number: ID#14-358
Staff is further recommending that the Council allow the City Manager or his designee to enter
into these agreements.
Staff is not recommending entering in to any new ROW Beautification Revocable License
Agreements only honoring the existing valid agreements in the new format.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 8/15/2014
1
RIGHT- OF- WAY BEAUTIFICATION REVOCABLE LICENSE AGREEMENT
This RIGHT-OF-WAY BEAUTIFICATION LICENSE AGREEMENT is made and
entered into this ___ day of _________________, 2014, between the CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation, C/O Parks and Recreation
Department, P.O. Box 4748, Clearwater, Florida 33758-4748, referred to herein as the
“City” and _____________________________________________________________,
a corporation, partnership, or natural person, whose address is
______________________________________________________, referred to herein
as the “Licensee” (individually referred to herein as “Party” or collectively as the
“Parties”).
WHEREAS, Licensee is a neighborhood group or association (“Association”) wishing
to maintain certain landscaping and/or improvements within City right-of-way at the
entrance to its neighborhood or development, or other area in close proximity to its
neighborhood; and
WHEREAS, the City values and promotes the beautification of its rights-of-way and
neighborhoods, and therefore supports the efforts of the Association to maintain such
neighborhood entrances and other local areas; and
WHEREAS, the City therefore agrees to permit the continued presence of the
landscaping and/or improvements to be maintained by the Association under the terms
and conditions as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, and
other good and valuable consideration, the receipt of which is hereby acknowledged, the
Parties hereto agree as follows:
1. City hereby grants to Licensee the non-exclusive right to occupy and use
City’s right-of-way (“Premises”), as more particularly described in Exhibit “A”,
(attached hereto and made a part hereof) for the maintenance of
beautification landscaping and improvements (“Improvements”) as more
particularly described in Exhibit “B”, (attached hereto and made a part
hereof), subject to the terms and conditions herein set forth. The Premises
shall be used for the sole purpose of maintaining the Improvements and for
no other purpose. Licensee shall not make any alterations, additions, or
improvements, other than as to routine maintenance or replacement of
landscaping with similar landscaping, without the written consent of the City,
which may be withheld, in the City’s sole discretion.
2. The rights granted to Licensee under this Agreement are not coupled with an
interest in land. It is expressly understood that this Agreement does not in
any way whatsoever grant or convey any permanent easement, lease, fee
2
simple or other real property interest in the Premises to the Licensee. The
City specifically reserves the right to grant other rights of entry in regard to
the Property.
3. Licensee shall be responsible for all costs associated with its activities and
responsibilities under this Agreement. In no instance shall the city incur
costs, unless specifically set forth herein. The Licensee shall keep the
Improvements clean, neat and in good repair at all times. The Licensee shall
commence and complete all necessary maintenance and repair work on the
Improvements as necessary, but not later than thirty (30) days following
receipt by the Licensee of written notice from the City that such work is
necessary, or within such longer time as may be approved by the City. Upon
failure of the Licensee to affect such maintenance or repair work in a timely
manner following notice to the Licensee that such work is necessary, the City
may remove and dispose of the Improvements without further notice.
Licensee shall not permit any mechanic’s lien to be filed against the Premises
by reason of any work, labor, service or materials performed at or furnished
to the Premises.
4. Responsibilities as to mowing, planting, clipping, pruning, tending, watering,
feeding, weeding, mulching, pest control, fertilization, maintenance of trees
and tree trimming, irrigation, water and electric bills shall be allocated to the
Parties as set forth in Exhibit “C”, (attached hereto and incorporated herein).
5. City explicitly renounces any liability of Licensee, or any agents or invitees of
the Licensee in the course of occupying the Premises or carrying out any of
the activities contemplated hereunder. The Licensee shall indemnify and
hold harmless the City and its officers, agents, and employees against any
claims for bodily injury or property damage arising out of the maintenance
and continued presence of the Improvements, excluding claims or actions
arising solely from negligent acts of the City or its officers, agents or
employees. Nothing contained herein shall be construed to waive or modify
the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity.
In addition, nothing contained herein shall be construed as creating third
party beneficiaries or as consent by the Owner to be sued by third parties in
any manner arising from this grant of License. This provision shall survive
termination or expiration of this Agreement.
6. This License Agreement shall be subject to revocation and termination by the
City in the event of any one or more of the following events:
a. The material default by Licensee in the performance of any of the
terms, covenants, or conditions of this License Agreement, and in the
3
failure of the Licensee to remedy, or undertake to remedy to City’s
satisfaction such default within the specific time period stated in this
License Agreement, provided, however, if no specific time period is
stated herein to remedy a particular default or to take a particular
course of action, then it is agreed by the parties hereto that Licensee
shall have a period of thirty (30) days after receipt of notice from City
to remedy the default or complete a particular course of action
required of Licensee.
b. The City determines at a duly constituted City Council meeting that a
public need exists for the Premises consistent with the City’s Charter
and serves Licensee with sixty (60) days notice of such intended use.
c. Licensee’s removal of the Improvements.
d. Destruction of the Improvements, or the Improvements have reached
the end of their useful life, or have otherwise deteriorated to the extent
that the Improvements create a safety hazard or become aesthetically
unacceptable as determined by the City in its sole discretion.
e. The Improvements create a safety hazard, including but not limited to,
interference with utilities and site distance problems, as determined by
the City in its sole discretion. At any time during the terms of this
agreement, if the Improvements create a safety hazard, the
Improvements may be removed by the City Engineer at the
Licensee’s expense.
7. Upon termination of the license for any reason, Licensee, at its sole expense,
shall remove from the Premises any Improvements remaining, which
Licensee was permitted to install or maintain in the City’s Right-Of-Way under
the terms of this License Agreement. City may affect such removal at
Licensee’s expense should Licensee fail to remove said Improvements from
the Premises within thirty (30) days of receipt of written notice following
termination of this License Agreement. Licensee agrees to pay City promptly
in the event of such circumstances upon presentation of a proper invoice.
8. Licensee shall secure all necessary licenses and permits as required to
operate under this Agreement, and shall comply with all laws, ordinances,
regulations, etc., applicable to the operation of this Agreement.
9. This Agreement contains all of the terms, conditions and covenants binding
the parties hereto. There are no other terms, conditions, covenants or
understandings, either written or oral, binding upon the parties unless
4
expressed herein in writing or subsequently addended hereto by mutual
agreement of the parties.
10. This Agreement replaces and supersedes all agreements between the
Parties that may have previously existed. This License is personal and may
not be assigned.
IN WITNESS WHEREOF, the parties hereto have executed and affixed their
official seals to this agreement on the day and year first above written.
Signed, sealed and delivered _______________________________________
In the presence of: name of association
______________________________ By: ______________________________
Witness signature Print Name _______________________
______________________________ Title _____________________________
Print Witness name
______________________________
Witness signature
______________________________
Print Witness name
Countersigned: CITY OF CLEARWATER, FLORIDA
_______________________________ By: _____________________________
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
_______________________________ _____________________________
Laura Lipowski Mahony Rosemarie Call, City Clerk
Assistant City Attorney
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-356
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Award a construction contract to Kloote Contracting, Inc. of Palm Harbor, Fl. for Lift Station
29, 46, and 50 (13-0047-UT) improvements in the amount of $374,788, which is the lowest
responsible bid received in accordance with plans and specifications, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
Based on evaluations of the City ’s sewer system, Lift Stations 29, 46 and 50 ranked high
in priority for upgrade as part of the overall rehabilitation of the City ’s wastewater
collection system. This construction includes improvements to the existing structures and
equipment, which is in need of repair due to age and wear.
Lift Station 29 is located at the intersection of South Fort Harrison Avenue and Howard
Court (509 Howard Court). The improvements include providing bypass while installing
new pumps, replacing pipes, valves, and various components to meet City’s standards.
Lift Station 46 is located at the intersection of McMullen Booth Road and Eastland
Boulevard (2022 McMullen Booth Rd). The improvements include providing bypass while
constructing a new valve vault and various components to meet City’s standards.
Lift Station 50 is located on Countryside Boulevard, between U .S. 19 N and Village Drive.
The improvements include providing bypass while replacing pipes, valves, and various
components to meet City’s standards
Public Utilities will provide the daily inspection and URS will provide the engineering
services during the construction.
The City of Clearwater’s Public Utilities Department Wastewater Collection Division is
responsible for owning, operating and maintaining the wastewater collection system
including all gravity pipelines and manholes that convey the raw sewage to the lift stations
and from lift stations to City’s wastewater treatment facilities.
APPROPRIATION CODE AND AMOUNT:
0315-96686-563800-535-000-0000
Funds are available in capital improvement program project 315-96686, Pump Station
Replacement, to fund this contract.
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 8/15/2014
File Number: ID#14-356
N/A
Page 2 City of Clearwater Printed on 8/15/2014
Bid
Item #Description Unit Qty Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount
1 Mobilization (3.5% Maximum)LS 1 $ 14,000.00 $ 14,000.00 $ 13,177.00 $ 13,177.00 $ 17,600.00 $ 17,600.00 $ 13,500.00 $ 13,500.00
2 Maintenance of Traffic (2% Maximum)LS 1 $ 9,000.00 $ 9,000.00 $ 7,758.00 $ 7,758.00 $ 10,000.00 $ 10,000.00 $ 3,600.00 $ 3,600.00
3 LS 29 Mechanical, Electrical and Structural Work LS 1 $ 237,100.00 $ 237,100.00 $ 182,000.00 $ 182,000.00 $ 300,000.00 $ 300,000.00 $ 204,000.00 $ 204,000.00
4 LS 46 Mechanical, Electrical and Structural Work LS 1 $ 125,600.00 $ 125,600.00 $ 94,093.00 $ 94,093.00 $ 137,000.00 $ 137,000.00 $ 94,000.00 $ 94,000.00
5 LS 50 Mechanical, Electrical and Structural Work LS 1 $ 111,800.00 $ 111,800.00 $ 77,760.00 $ 77,760.00 $ 108,000.00 $ 108,000.00 $ 73,000.00 $ 73,000.00
$ 497,500.00 374,788.00$ 572,600.00$ 388,100.00$
TLC DIVERSIFIED, INC.
2719 17TH STREET EAST
PALMETTO, FL 34221
TOTAL PROJECT COST (BID ITEMS 1-5):
PROJECT NAME & #: LIFT STATIONS 29, 46 AND 50 IMPROVEMENTS 13-0047-UT
BID OPENING DATE: JULY 8, 2014 AWARD DATE: AUGUST 7, 2014
DANUS UTILITIES, INC.
6214 TORTOISE CREEK LN.
PORT ORANGE, FL 32128
KLOOTE CONTRACTING, INC.
P.O. BOX 339
PALM HARBOR, FL 34682
QRC, INC.
2326 SOFIA DR.
LUTZ, FL 33558
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SECTION V
CONTRACT DOCUMENTS
Table of Contents:
CONTRACT BOND.................................................................................................................................1
CONTRACT..............................................................................................................................................3
CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT.................................................................7
PROPOSAL BOND..................................................................................................................................8
AFFIDAVIT..............................................................................................................................................9
NON COLLUSION AFFIDAVIT.........................................................................................................10
PROPOSAL.............................................................................................................................................11
CITY OF CLEARWATER ADDENDUM SHEET.............................................................................14
BIDDER’S PROPOSAL.........................................................................................................................15
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA
CERTIFICATION FORM.....................................................................................................................16
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BOND NUMBER: ____________________
CONTRACT BOND
(1)
STATE OF FLORIDA
COUNTY OF PINELLAS
KNOW ALL MEN BY THESE PRESENTS:That we KLOOTE CONTRACTING, INC.as
Contractor and _____________________________________________________________ (Surety)
whose home address is ____________________________________________________
HEREINAFTER CALLED THE "Surety", are held and firmly bound into theCity of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: THREE HUNDRED SEVENTY-FOUR
THOUSAND, SEVEN HUNDRED EIGHTY-EIGHT Dollars ($374,788.00) for the payment of
which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful
performance of a certain written contract, dated the ______________day of ___________________,
2014, entered into between the Contractor and the City of Clearwater for:
LIFT STATIONS #29, 46 & 50 IMPROVEMENTS
PROJECT #13-0047-UT
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the one
year guarantee of material and labor, and his obligations thereunder, including the contract documents
(which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond,
Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and
Specifications therein referred to and made a part thereof, and such alterations as may be made in said
Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner
against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or
default, including patent infringements on the part of the said Contractor agents or employees, in the
execution or performance of said contract, including errors in the plans furnished by the Contractor, and
further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying
him, them or it, labor, material, and supplies used directlyor indirectly by said Contractor, Contractors,
Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this
obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the
Owner any difference between the sum to which the said Contractor would be entitled on the completion
of the Contract, and that which the Owner may be obliged to pay for the completion of said work by
contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may
sustain on account of such work, or on account of the failure of the said Contractor to properly and in all
things, keep and execute all the provisions of said contract.
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CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner
against, and will pay any and all amounts, damages, costs and judgments which may be recovered
against or which the Owner may be called upon to pay to any person or corporation by reason of any
damages arising from the performance of said work, or of the repair or maintenance thereof, or the
manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper
performance of the said work by the Contractor or his agents or servants, or the infringements of any
patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors,
administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be
compelled to pay because of any lien for labor material furnished for the work, embraced by said
Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligations on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day
of ________________, 2014.
KLOOTE CONTRACTING, INC.
(CONTRACTOR)
By: _____________________________
Print Name: _______________________
Title: ____________________________
ATTEST:
_________________________________
Print Name: _______________________
_________________________________
SURETY
WITNESS:By:_____________________________
ATTORNEY-IN-FACT
_________________________________Print Name: _______________________
Print Name:_______________________
COUNTERSIGNED:
_________________________________
Print Name: _________________________
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CONTRACT
(1)
This CONTRACT made and entered into this ___ day of ____________, 2014by and between the City
of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and KLOOTE
CONTRACTING, INC., of the City of PALM HARBOR,County of PINELLAS, and State of Florida,
hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements on
the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
LIFT STATIONS #29, 46 & 50 IMPROVEMENTS(PROJECT #13-0047-UT)
in the amount of $374,788.00
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any
drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said
work to be performed and completed by the contractor and its successors and assigns shall be fully
completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the Contractor,
then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have
the right to proceed to complete such work as Contractor is obligated to perform in accordance with the
provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO
HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES,
COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE
UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE
CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES
RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB
CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
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CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post hereafter in conspicuous places, available for employees or applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of the non discrimination
clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated herein,
it is then further agreed that the City may deduct from such sums or compensation as may be due to the
Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor
remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only
and solely represent damages which the City has sustained by reason of the failure of the Contractor to
complete the work within the time stipulated, it being further agreed that this sum is not to be construed
as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete
and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
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CONTRACT
(3)
The successful bidder/contractor will be required to comply with Section 119.0701, Florida Statutes
(2013), specifically to:
(a)Keep and maintain public records that ordinarily and necessarily would be required by the Cityof
Clearwater in order to perform the service;
(b)Provide the public with access to public records on the same terms and conditions that the City of
Clearwater would provide the records and at a cost that does not exceed the cost provided in this
chapter oras otherwise provided by law;
(c)Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; and
(d)Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater
all public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements.All records stored electronically must be provided to the public agency in a format
that is compatible with the information technology systems of the City of Clearwater.
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CONTRACT
(4)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By: ________________________________(SEAL)
William B. Horne, II
City Manager
Attest:
Countersigned:____________________________________
Rosemarie Call
City Clerk
By: ________________________________Approved as to form:
George N. Cretekos,
Mayor
____________________________________
Camilo Soto
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
KLOOTE CONTRACTING, INC.
(Contractor)
By: _________________________ (SEAL)
Print Name: _________________________
Title: ____________________________
(The person signing shall, in his own
handwriting,sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
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CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORIDA
COUNTY OFPINELLAS
On this day personally appeared before me, the undersigned authority, duly authorized to administer
oaths and take acknowledgments, _________________________________, who after being duly sworn,
deposes and says:
That he is the ________________________________________________________________ (TITLE)
of KLOOTE CONTRACTING, INC., a Florida Corporation, with its principal place of business
located at 2423 PINNACLE CT. N., PALM HARBOR, FL, 34684 (herein, the "Contractor").
That the Contractor was the general contractor under a contract executed on the ______ day of
__________________, 2014with the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, as Owner, and that the Contractor was to perform the construction of:
LIFT STATIONS #29, 46 & 50 IMPROVEMENTS (PROJECT #13-0047-UT)
That said work has now been completed and the Contractor has paid and discharged all sub-contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts orobligations that might become a lien or encumbrance in connection with said work
against the described property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon
consideration of the payment of ___________________________ (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of the
Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me ____________________________________
AFFIANT
This _____day of ____________, 20___.
BY: ______________________________
_________________________________
NOTARY PUBLIC
_________________________________
My Commission Expires:PRESIDENT
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PROPOSAL BOND
(Not to be filled out if a certified check is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, ______________________
__________________________________ as Principal, and _____________________________
______________________________ as Surety, who’s address is ___________________________
____________________________________________________, are held and firmly bound unto the
City of Clearwater, Florida, in the sum of ___________________________________________ Dollars
($_______________) (being a minimum of 10% of Contractor's total bid amount) for the payment of
which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns.
The condition of the above obligation is such that if the attached Proposal of ______________________
____________________ as Principal, and _______________________________________ as Surety,
for work specified as: _____________________________________________________________
____________________________________________________________________________________
all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and
specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the
above named bidder, and the said bidder shall within ten days after notice of said award enter into a
contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved
by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by
law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated
damages.
Signed this ______ day of ____________________, 20____.
(Principal must indicate whether corporation,
partnership, company or individual)
____________________________________
____________________________________
Principal
By: ________________________________
Title
____________________________________
____________________________________
Surety
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
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AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
STATE OF FLORIDA )
COUNTY OF _______________)
_________________________________________ being duly sworn, deposes and says that he/she is
Secretary of _________________________________________________________________________
a corporation organized and existing under and by virtue of the laws of the State of Florida, and having
its principal office at:
____________________________________________________________________________
(Street & Number)(City)(County)(State)
Affiant further says that he is familiar with the records, minute books and by-laws of
_______________________________________________________________________________
(Name of Corporation)
Affiant further says that ____________________________ is ______________________________
(Officer's Name)(Title)
ofthe corporation, is duly authorized to sign the Proposal for _______________________________
or said corporation by virtue of ______________________________________________________
(state whether a provision of by laws or a Resolution of
Board of Directors. If by Resolution give date of adoption).
____________________________________
____________________________________
Affiant
Sworn to before me this ______ day of ______________________, 20____.
___________________________________
Notary Public
___________________________________
Type/print/stamp name of Notary
___________________________________
Title or rank, and Serial No., if any
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NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF _______________)
_______________________________________ being, first duly sworn, deposes and says that he is
_________________________________ of ___________________________________________,
the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that
said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder
on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or
indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from
bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to
fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any
advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed
contract; and that all statements contained in said proposal or bid are true; and further, that such bidder
has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data
relative thereto to any association or to any member or agent thereof.
____________________________________
Affiant
Sworn to and subscribed before me this ______ day of _______________________, 20____.
____________________________________
Notary Public
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PROPOSAL
(1)
TO THE CITY OF CLEARWATER, FLORIDA, for
LIFT STATIONS #29, 46 & 50 IMPROVEMENTS (PROJECT #13-0047-UT)
and doing such other work incidental thereto, all in accordance with the contract documents, marked
LIFT STATIONS #29, 46 & 50 IMPROVEMENTS (PROJECT #13-0047-UT)
Every bidder must take notice of the fact that even thoughhis proposal be accepted and the documents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of
the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract
without a certificate from the Finance Director that funds are available to cover the cost of the work to
be done, or without the approval of the City Attorney as to the form and legality of the contract and all
the pertinent documents relating thereto having beenapproved by said City Attorney; and such bidder is
hereby charged with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties
interested in this Proposal, are named in this Proposal, that he hascarefully examined the
Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications,
General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such
investigation as is necessary to determine the character and extent of the work and he proposes and
agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form
of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or
apparatus, do all the work required to complete the contract within the time mentioned in the General
Conditions and according to the requirements of the City of Clearwater, Florida, as herein and
hereinafter set forth, and furnish the required surety bonds for the following prices to wit:
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PROPOSAL
(2)
If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall
fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may,
at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal
shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to
become the property of the City of Clearwater, Florida, and the full amount of said check shall be
retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the
City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this
Proposal, or the amount of said check, shall be returned to the undersigned as specified herein.
Attached hereto is a bond or certified check on __________________________________________
____________________________________ Bank, for the sum of __________________________
____________________________________________________________ ($_________________)
(being a minimum of 10% of Contractor's total bid amount).
The full names and residences of all persons and parties interested in the foregoing bid are as follows:
(If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the
names and addresses of the members or partners. The Bidder shall list not only his name but also the
name of any person with whom bidder has any type of agreement whereby such person's improvements,
enrichment, employment or possible benefit, whether sub contractor, materialman, agent, supplier, or
employer is contingent upon the award of the contract to the bidder).
NAMES:ADDRESSES:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Signature of Bidder: ____________________________
(The bidder must indicate whether Corporation, Partnership, Company or Individual).
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PROPOSAL
(3)
The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title.
Where the person signing for a corporation is other than the President or Vice President, he must, by
affidavit, show his authority, to bind the corporation.
Principal: ___________________________________________________________________________
By: ___________________________________Title: ___________________________________
Business Address of Bidder: ____________________________________________________________
City and State: ________________________________________________ Zip Code _______________
Dated at ___________________________, this ______ day of ____________________, A.D., 20__.
@BCL@F81256A5 Page 14of 16 3/25/2014
CITY OF CLEARWATER
ADDENDUM SHEET
PROJECT: LIFT STATIONS #29, 46 & 50 IMPROVEMENTS (PROJECT #13-0047-UT)
Acknowledgment is hereby made of the following addenda received since issuance of Plans and
Specifications.
Addendum No. _____Date: _____________
Addendum No. _____Date: _____________
Addendum No. _____Date: _____________
Addendum No. _____Date: _____________
Addendum No. _____Date: _____________
Addendum No. _____Date: _____________
Addendum No. _____Date: _____________
Addendum No. _____Date: _____________
Addendum No. _____Date: _____________
Addendum No. _____Date: _____________
Addendum No. _____Date: _____________
____________________________________
(Name of Bidder)
____________________________________
(Signature of Officer)
____________________________________
(Title of Officer)
____________________________________
(Date)
@BCL@F81256A5 Page 15of 16 3/25/2014
BIDDER’S PROPOSAL
PROJECT: LIFT STATIONS #29, 46 & 50 IMPROVEMENTS (PROJECT #13-0047-UT)
_______________________________________________________________________________
CONTRACTOR:____________________________________________________________________
BIDDER'S GRAND TOTAL:$_______________________________________________ (Numbers)
BIDDER'S GRAND TOTAL:__________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________ (Words)
Bid
Item
#
Description Unit Quantity Unit Price Amount
1 Mobilization (3.5% Maximum)LS 1 $$
2 Maintenanceof Traffic (2% Maximum)LS 1 $$
3 LS 29 Mechanical, Electrical and Structural Work LS 1 $$
4 LS 46 Mechanical, Electrical and Structural Work LS 1 $$
5 LS 50 Mechanical, Electrical and Structural Work LS 1 $$
TOTAL PROJECT COST (BID ITEMS 1-5):$
THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES
AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH
SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING
BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP
SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL
BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN.
@BCL@F81256A5 Page 16of 16 3/25/2014
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH
CUBA AND SYRIA CERTIFICATION FORM
PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE,THIS FORM MUST BE
COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS
REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1.The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the
requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies
with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or engaging in business operations in Cuba and Syria; and
2.The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in
this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List,
the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business
operations in Cuba and Syria; and
3.Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce
in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining,
owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services,
personal property, real property, military equipment, or any other apparatus of business or commerce;
and
4.If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary,
affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5)
calendar days after any of its principals are placed on the Scrutinized Companies with Activities in
Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in
business operations in Cuba and Syria.
____________________________________
Authorized Signature
____________________________________
Printed Name
____________________________________
Title
____________________________________
Name of Entity/Corporation
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me on this ________ day of _________________, 20____,
by __________________________________________ (name of person whose signature is being notarized) as
the ________________________(title) of _________________________________ (name of corporation/entity),
personally known to me as described herein ____________, or produced a ___________________________
(type of identification) as identification, and who did/did not take an oath.
____________________________________
Notary Public
____________________________________
Printed Name
My Commission Expires:__________________
NOTARY SEAL ABOVE
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-364
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 5.2
SUBJECT/RECOMMENDATION:
Approve a work order to Engineer of Record (EOR) URS Corporation in the amount of
$199,876, approve a Cooperative Funding Agreement with Southwest Florida Water
Management District (SWFWMD) in the amount of $750,000.00 for the Reclaimed Water
Expansion per 2014 Resident Requests (13-0052-UT) and authorize the appropriate officials
to execute same. (consent)
SUMMARY:
This Agenda Item provides for engineering and design services for the construction of
new reclaimed water transmission and distribution mains to the six different resident
initiated areas in 2014.
The goal of this and all other reclaimed water projects is to reduce the amount of potable
water and groundwater being used for irrigation and other non -potable uses. In addition,
expansion of the Reclaimed Water Distribution System in accordance with Reclaimed
Water Master Plan brings the City of Clearwater closer to achieving zero -discharge of
effluent to Tampa Bay and adjacent surface waters.
The project provides for the design and bidding services for six reclaimed water
distribution systems and their associated extensions of the reclaimed water transmission
system as follows:
·11 Residential Properties along Jasmine Way.
·24 Residential Properties along Parkwood St. and 4 Residential Properties Carlos
Ave.
·17 Residential Properties along Druid Rd.
·4 Residential Properties along Drew St.
·94 Residential Properties including all of Forest Wood Estates Subdivision and 2
adjacent Properties
·9 lawn meters in Imperial Cove Condos located at 19209 U.S. Hwy. 19 N.
URS Corporation is one of the City ’s Engineers-of-record, and this work order was
negotiated in accordance with the Consultants Competitive Negotiations Act.
The Cooperative Funding Agreement between the City and SWFWMD includes
reimbursement of up to 50% of the cost of design, permitting and construction costs for
transmission and distribution of reclaimed water lines up to a maximum of $750,000.
There is no cost associated with accepting the Cooperative Funding Agreement.
The estimated total project cost is $1,500,000 and the City’s estimated share of the
Page 1 City of Clearwater Printed on 8/15/2014
File Number: ID#14-364
project costs is $750,000.
APPROPRIATION CODE AND AMOUNT:
0315-96739-561300-533-000-0000 $750,000
Funding is available in Capital Improvement Program project 0315-96739, Reclaimed Water
Distribution System to fund the project in the amount of $750,000.
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 8/15/2014
WO Initiation Form.docx 1of 14 form revised: 7/22/2013
URS CORPORATION SOUTHERN
WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date:July 31, 2014
Project Number:___________
City Project Number:13-0052-UT
1.PROJECT TITLE:
Reclaimed Water Expansion per 2014 Resident Requests(13-0052-UT)
2.SCOPE OF SERVICES:
The project provides for the design and bidding services for six (6) reclaimed water
distribution systems and their associated extensions of the reclaimed water transmission
system as follows:
11 Residential Properties along Jasmine Way between S. Prospect Ave.& Ewing
Ave.
24 Residential Properties along Parkwood St. between Barbara Ave. & Carlos Ave.
including 1607, 1601, 1513, & 1507Carlos Ave.
17 Residential Properties along Druid Rd. between S. San Remo Ave.& S. Highland
Ave.
4 Residential Properties along Drew St. between N. Fredrica Ave.& Stevenson
Creek.
94 properties including all of Forest Wood Estates Subdivision to include 3001
Sunset Point Rd. &3062 Prestige Dr.
Project Area includes 9 lawns in Imperial Cove Condoslocated at 19209 U.S. Hwy.
19 N.
This work order is based upon the understanding that approximately 15,500 feet of
reclaimed water distribution main (4-and 6-inch) and 4,500 feet of transmission main (up
to 12-inchdiameter) will be designed and constructed for the various reclaimed water
service areas within the CITY. This work order provides for: data collection, the
development of the 60 percent plans and technical specifications, the development of the
90 percent plans and technical specifications, the development of the 100 percent plans
WO Initiation Form.docx 2of 14 form revised: 7/22/2013
and technical specifications, the development of final plans and technical specifications,
one (1) public involvement meeting (including preparation), bidding assistance and the
development of addenda required. The design plans shall be compiled using the City of
Clearwater CAD standards, as attached.
I -PRE-DESIGN PHASE
Task 1-Kick Off Meeting
URS will convene a Kick Off Meeting with the CITY within one (1) week after the
Notice to Proceed. URS will develop the agenda for the Kick Off Meeting with input
from the CITY. The Kick Off Meeting will discuss and document the points of
contacts within the CITY and URS, communication protocol, data requirements, the
scope of work, project schedule, milestones and submittals, and other
miscellaneous issues.
URS will prepare minutes of the Kick Off Meeting and will distribute them to the
meeting attendees.
Task 2-Data Collection
URS will work with the CITY of collect existing data that will benefit the project.
Examples of datarequired are water and sewer atlases, record drawings of existing
reclaimed water facilities associated with the design of the project.
II -DESIGN PHASE
Task 3-Survey
URS will perform the survey work required to develop the base information and
the horizontal/vertical control for the design and construction plans. The
approach involves the development of planimetrics from aerial photogrammetry
followed by field surveying of the full right-of-way.
A.Topographic, Tree, Utility & Jurisdiction Survey
1.Topographic Survey (20,400 L.F.)
a)Prepared in accordance with the minimum technical
standards as set forth in chapter 5j-17 Florida
Administrative Code.
b)Elevations within jurisdictional areas (if any) are not
included.
c)Spot elevations over theentire site on a 100-foot grid
(approx) and in FDOT/county section 50 foot grid.
WO Initiation Form.docx 3of 14 form revised: 7/22/2013
d)Mapping to extend full right-way except for McMullen
booth road and US Highway 19 which will be edge of
pavementto right-of-way one side only.
e)Vertical datum will be NAVD 1988.
f)Right-of-way lines depicted as per tax maps, existing plats
and property corners as found in the field.
g)No title reports will be reviewed.
h)Right-of-way takings not shown on tax maps will need to
be supplied by the client.
2.Tree Survey
a)Trees 4 inches in diameter breast high and larger will be
located showing common name and diameter.
b)The location of trees smaller than 4 inches or species not
protected (including ornamentals) is not included.
c)The location of trees within jurisdictional areas (if any) is
not included.
d)Any tree with a canopy (dripline) that extends over the
proposed work zone must be included on project survey
and construction plans.In addition, the type, size and
dripline of all trees and palms will be included. All of this
information must be shown on the site survey and plan
documents.
3.Utility Survey
a.Locate surface evidence of utilities i.e. water valves,
manholes, storm structures, etc.
b.Inverts, pipe sizes and pipe material of accessible
structures will be obtained.
c.Utility provider atlases (if available) will be obtained and
utilized to depict the approximate location of underground
utility services.
d.This utility location methodology meets the requirements
of a quality level c as defined by the federal highway
administration. Utilizing this method it is not unusual to
find that 15 to 30 percent of the underground utilities are
either omitted or are plotted two feet or more in error.
4.URS will provide 2 copies 24x36 of the survey once the survey is
complete.
WO Initiation Form.docx 4of 14 form revised: 7/22/2013
Task 4-Geotechnical
The purpose of the geotechnical services is to provide subsurface soil conditions
and relevant geotechnical engineering properties as well as to provide
geotechnical recommendations to guide project design and construction. The
objective of the geotechnical study will be to obtain information concerning
subsurface conditions at within the project area in order to obtain data to base
engineering estimates and recommendations in each of the following areas:
Suitability of materials on-site for use as backfill. Recommendations for
placement and compaction of approved fill materials.
General location and description of potentially deleterious materials discovered
in the borings, which may interfere with construction progress including existing
fills or surficial organics. Identification of groundwater levels and estimation of
Seasonal High Groundwater Table (SHGWT) levels.
URS will review published soils and topographic information. This published
information will be obtained from the appropriate Florida Quadrangle Map
published by the United States Geological Survey (USGS), and the Soil Survey for
Pinellas County, published by the United States Department of Agriculture
(USDA) Natural Resources Conservation Service (NRCS).
URS will execute a program of subsurface exploration consisting of borings,
subsurface sampling and field testing. We plan to perform up to thirtyone(31)
Standard Penetration Test (SPT) borings to a depth of 10 feet below existing
grade along the proposed pipeline alignments. The borings will be completed at
an average spacing of one boring per 500 to 1,000 linear feet of pipeline. In each
SPT boring, samples will be collected and SPT resistances will be measured
virtually continuously to the boring termination depth. In areas where access is
limited or utilities are present that limit the use of mechanized equipment, auger
borings may need to be substituted for the SPT borings.
URS will visually classify the samples in the laboratory using the American
Association of State Highway and Transportation Officials (AASHTO) soil
classification system. Identify soil conditions at each boring location
URS will prepare a formal engineering report in accordance with this proposal,
which summarizes the course of study pursued, thefield data generated,
subsurface conditions encountered and our engineering recommendations in
each of the pertinent topic areas.
URS will provide 1 copy of the final geotechnicalreport.
WO Initiation Form.docx 5of 14 form revised: 7/22/2013
Task 5-Subsurface Utility Engineering
The location of potential utility conflicts is not known at this time. It is assumed
that up to twenty (20) utility conflicts will be encountered which will require
field verification by subsurface utility evaluation.
Task 6-Development of 60 Percent Plans and Technical Specifications
URS will develop the 60 percent completion level plans and technical specifications.
The plans will be plan view with detail bubbles for identified areas of potential
conflict or full profiles in areas that will require additional profile information (e.g.
Pinellas County ROW and/or FDOT ROW). The 60 percent plans will contain: a
cover sheet, general notes and index, survey data sheet, geotechnical information
and typical details. The 60 percent technical specifications will include those
specialty sections required for the project that are not within the CITY’s standard
specification sections. Also the 60 percent submittal will include a preliminary bid
form, measurement and payment section, and opinion of probable construction
cost.
URS will submit six(6) 24x36 setsand three (3) 11x17 setsof the 60 percent plans,
technical specification sections and opinion of probable construction cost to the
CITY for review and comment. URS will convene a 60 percent review meeting with
the CITY to receive review comments approximately three(3) weeks after the
submission of the 60 percent documents to the CITY. URS will prepare and
distribute minutes (comments and responses) of the 60 percent review meeting to
the attendees.
Task 7-Development of 90 Percent Plans and Technical Specifications
From the review of the 60 percent plans, technical specifications and opinion of
probable construction cost, URS will develop the 90 percent completion level plans
and technical specifications. The plans will be plan view with profile details for
identified areas of potential conflict or in areas that will require additional profile
information (e.g. Pinellas County ROW and/or FDOT ROW). The 90 percent plans
will contain: a cover sheet, general notes and index, survey data sheet,
geotechnical information and typical details. The 90 percent technical
specifications will include those specialty sections required for the project that are
not within the CITY’s standard specification sections. Also the 90 percent submittal
will include the bid form, measurement and payment section, and opinion of
probable construction cost.
URS will submit six (6) 24x36 sets and three (3) 11x17 sets of the 90 percent plans,
technical specification sections and opinion of probable construction cost to the
WO Initiation Form.docx 6of 14 form revised: 7/22/2013
CITY for review and comment. URS will convene a 90 percent review meeting with
the CITY to receive review comments approximately two (2) weeks after the
submission of the 90 percent documents to the CITY. URS will prepare and
distribute minutes (comments and responses) of the 90 percent review meeting to
the attendees.
III -FINAL DESIGN PHASE
Task 8-Development of 100 Percent Plans and Technical Specifications
From the review of the 90 percent plans, technical specifications and opinion of
probable construction cost, URS will develop the 100 percent completion level
plans and technical specifications. The plans will be plan view with profile details
for identified areas of potential conflict or in areas that will require additional
profile information (e.g. Pinellas County ROW and/or FDOT ROW). The 90 percent
plans will contain: a cover sheet, general notes and index, survey data sheet,
geotechnical information and typical details. The 100 percent technical
specifications will include those specialty sections required for the project that are
not within the CITY’s standard specification sections. Also the 100 percent
submittal will include the bid form, measurement and payment section, and
opinion of probable construction cost.
The 100 percent submittal will be used as supporting information for FDOT and
Pinellas County permit applications.
URS will submit six (6) 24x36 sets and three (3) 11x17 sets of the 100 percent plans,
technical specification sections andopinion of probable construction cost to the
CITY for review and comment. URS will convene a 100 percent review meeting
with the CITY to receive review comments approximately two (2) weeks after the
submission of the 100 percent documents to the CITY. URS will prepare and
distribute minutes (comments and responses) of the 100 percent review meeting
to the attendees.
Task 9-Development of Final Plans and Technical Specifications
From the review of the 100 percent plans, technical specifications and opinion of
probable construction cost, URS will develop the final plans and technical
specifications. The plans will be plan view with profile details for identified areas of
potential conflict or in areas that will require additional profile information (e.g.
Pinellas County ROW and/or FDOT ROW). The final plans and technical
specifications will be ready for advertisement by the CITY for bidding by general
utility contractors.
WO Initiation Form.docx 7of 14 form revised: 7/22/2013
URS will submit two (2) sets of the final plans, and specifications and opinion of
probable construction cost to the CITY for review and comment. URS will also
submit the final plans and specifications in electronic form (AutoCAD for the final
plans and Word for the final specifications) and one signed and sealed original set
of plans. It is anticipated that the final plans and specifications will be used by the
CITY for bidding and construction of the project.
IV -BIDDING PHASE
Task 10-Attendance at Pre-Bid Conference
URS will attend the pre-bid conference. The purpose of URS attendance is to
answer technical questions with respect to the design. URS will not be responsible
for questions or providing information involving the contract between the CITY and
the contractor.
Task 11-Preparation of Addenda
URS will prepare up to two (2) addenda during the bid phase to formally answer
bidder’s technical questions, clarify issues or adjust the bid documents prior to the
bid opening.
From the final issued for bid plans and technical specifications, URS will preparea
Conformed Set of plans and technical specifications.
Task 12-Recommendation of Award
Following bid advertisement by the CITY, URS will review the bids submitted by the
contractors and provide an award recommendation to the CITY.
V –PUBLIC INVOLVEMENT
Task 13-It is anticipated that one (1) public involvement meeting will be convened
during the design of the project. URS will attend themeeting and will prepare
presentationboardsfor each meeting. It is anticipated that the URS presentation
will include project design and configuration information, anticipated schedule of
design and construction activities, and other pertinent information for the public.
The intention of having the public meeting is that the project engineer is available
at the meeting to provide answers to residence’s concerns.
It is also anticipated that the CITY will conduct reclaimed water user interest
surveys within the reclaimed water distribution areas to gauge potential customer
connections. URS will assist the CITY with the surveys as required.
WO Initiation Form.docx 8of 14 form revised: 7/22/2013
3.PROJECT GOALS:
The project goals are to design and construct new reclaimed water distribution systems for
the CITY to continue to expand its reclaimed water customer base and to increase the
amount of reclaimed used to offset potable water demand for nonpotable uses.
Additionally the increased use of reclaimed water within the CITY will also help to reduce
the amount of treated effluent that is discharge to surface waters for disposal.
The work products developed will include the 60-, 90-, 100-percent plans and technical
specifications, a final bidding set of plans and specifications, opinions of probable
construction cost, survey electronic files, geotechnical report, regulatory permit
applications, bimonthly project status reports. The plans will be drafted in AutoCAD and
the text documents will be MS Word documents. Any public information presentations
will be in MS PowerPoint.
4.BUDGET:
Attachment “B” provides the fee estimate detail. This price includes all labor and
expenses anticipated to be incurred by URS Corporation Southern for the completion of
these tasks in accordance with Professional Services Method “A” –Cost Times Multiplier
Basis, for a fee not to exceed One Hundred and Ninety NineThousand EightHundred
and Seventy-SixDollars ($199,876.00).
Permit application fees will be paid by the CITY.
5.SCHEDULE:
The design portion of the project is to be completed 250 days from issuance of notice-to-
proceed. The schedule is based upon the assumption of the CITY reviews of the project
work products will be completed in three(3) weeks from the date of submission. The
project deliverables are to be phased as follows:
60% Plans and Technical Specifications 140calendar days
90% Plans and Technical Specifications 177calendar days
100% Plans and Technical Specifications 207calendar days
Final Construction Documents 237calendar days
Bidding Assistance TBD
WO Initiation Form.docx 9of 14 form revised: 7/22/2013
6.STAFF ASSIGNMENT (Consultant):
Officer-in-Charge:Dana K. Tallman, P.E.
Project Manager:BozhidarHandjiev, P.E.
Engineer III:Laurel Rowse, E.I.
Senior Designer:Terry Sonnenberg
Admin Assistant:Lisa Woodard
7.CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER’s project correspondence shall be directed to Bozhidar Handjiev, P.E. All
City projectcorrespondence shall be directed to Khang Nguyen, E.I. with copies to others
as may be appropriate.
8.INVOICING/FUNDING PROCEDURES:
For work performed, invoices shall be submitted monthly to the City of Clearwater, Engineering
Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida
33758-4748.
City Invoicing Code: ______________________________________
9.INVOICING PROCEEDURES
At a minimum, in addition to the invoice amount(s) the following information shall be provided
on all invoices submitted on the Work Order:
A.Purchase Order Number and Contract Amount.
B.The time period (begin and end date) covered by the invoice.
C.A short narrative summary of activities completed in the time period
D.Contract billing method –Lump Sum or Cost Times Multiplier
E.If Lump Sum, the percent completion, amount due, previous amount earned and total
earned to date for all tasks (direct costs, if any, shall be included in lump sum amount).
F.If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts
WO Initiation Form.docx 10of 14 form revised: 7/22/2013
will be required for any single item with a cost of $50 or greater or cumulative monthly
expenses greater than $100).
G.If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
10.SPECIAL CONSIDERATIONS:
The consultant named above is required to comply with Section 119.0701, Florida Statutes
(2013) where applicable.
PREPARED BY:APPROVED BY:
________________________________________________
Dana K. Tallman, PE, BCEE Michael D. Quillen, PE
Vice President City Engineer
URS Corporation Southern City of Clearwater
______________________________________
Date Date
WO Initiation Form.docx 11of 14 form revised: 7/22/2013
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
Attachment “A”-CITY DELIVERABLES
FORMAT:
The design plans shall be compiled utilizing one of the following standards:
City of Clearwater CAD standards or Consultant’s CAD standards (please provide all supporting
documents when utilizing Consultant’s Standards).
DATUM:
Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988
(vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be
the United States Foot. Any deviation from this datum will not be accepted unless reviewed by
City of Clearwater Engineering/Geographic Technology Division.
DELIVERABLES:
A minimum of two (2) signed and sealed Plans and Contract Documents (specifications book)
labeled “ISSUED FOR BID” shall be provided at the onset of the bid phase, as well as electronic
copies. Electronic plan copies in PDF and CAD and electroniccontract documents in PDF and MS
Word.
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless
approved otherwise.The consultant shall also deliver all digital files in CAD drawing format and
PDF format together with all project data in AutoCAD Civil 3D file format. All references, such as
other drawings attached, images and graphic files, custom fonts and shapes shall be included in
hard copy and electronic copy.
Prior to the City Council award date, a minimum of two (2) copies of signed and sealed plans and
contract documents (specifications book) labeled “CONFORMED” shall be provided. All revisions
made during the bid phase shall be included in the plan sets and noted in the revision block or
as a footnote. Copies of each Addendum shall be included at the front of the contract and all
revisions made during the bid phase shall be incorporated into the Contract Documents.
Electronic copies of “CONFORMED” plans (PDF and CAD) and contract documents (PDF and MS
Word) shall be provided prior to the City Council award date.
WO Initiation Form.docx 12of 14 form revised: 7/22/2013
NOTES:
If approved deviation from used Clearwater CAD standards, the consultant shall include all
necessary information to aid in manipulating and printing/plotting the drawings. Please address
any questions regarding file format to Mr. Tom Mahony, Geographic Technology Manager, at
(727) 562 4762 or email address tom.mahony@myclearwater.com
WO Initiation Form.docx 13of 14 form revised: 7/22/2013
Attachment “B”
2014 Reclaimed Water Project (13-0052-UT)
URS CORPORATION SOUTHERN
WORK ORDER INITIATIONFORM
PROJECT BUDGET
Task Description Subconsultant
Services
Labor Total
I.Pre-Design
1 Kick-Off Meeting $1,716 $1,716
2 Data Collection $1,573 $1,573
Subtotal Phase I $3,289 $3,289
II.Design
3 Survey $70,000 $1,650 $71,650
4 Geotechnical $12,500 $1,650 $14,150
5 Subsurface Utility Engineering $8,500 $1,650 $10,150
6 Development of 60 Percent Plans & Specs $29,513 $29,513
7 Development of 90 Percent Plans & Specs $27,478 $27,478
Subtotal Phase II $91,000 $61,941 $152,941
III.Final Design Plans and Specifications
8 Development of 100 Percent Plans & Specs $18,370 $18,370
9 Development of Final Plans & Specs $10,978 $10,978
Subtotal Phase III $29,348 $29,348
WO Initiation Form.docx 14of 14 form revised: 7/22/2013
IV.Bidding Phase
10 Pre-Bid Conference $506 $506
11 Preparation of Addenda $2,893 $2,893
12 Recommendation of Award $748 $748
Subtotal Phase IV $4,147 $4,147
V.Public Involvement
13 Public Involvement $8,151 $8,151
Subtotal Phase V $8,151 $8,151
Subtotal, Labor and Subcontractors $91,000 $106,876 $197,876
Other Direct Costs (prints, photocopies, postage, etc.)$2,000
Grand Total $199,876
11 Residential Propertiesalong Jasmine Waybetween S. Prospect Ave.& Ewing Ave.
PINE ST
DRUID RD
S MYRTLE AVE
LOTUS PATH
JASMINE WAY
EWING AVE
MAGNOLIA DR
S PROSPECT AVE
S MARTIN LUTHER KING, JR. AVE
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM KN N.T.S.296A15-29S-15E7/30/2014Map Gen By:Reviewed By:S-T-R:Date:Scale:
Reclaimed Water Project 2014(13-0052-UT)Map 1 of 6
Document Path: V:\GIS\Engineering\Location Maps\Khang Reclaimed Project 2014\Reclaimed_Water_Project_2014_1.mxd
24 Residential Propertiesalong Parkwood St.between Barbara Ave.& Carlos Ave. including1607, 1601, 1513, & 1507Carlos Ave.
KINGS HWY
OVERLEA ST
N HIGHLAND AVE
FAIRMONT ST
CARLOS AVE
BARBARA AVE WOODBINE ST
PARKWOOD ST
SPRINGDALE ST
GROVE CIRCLE CT
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM KN N.T.S.270A11-29S-15E7/30/2014Map Gen By:Reviewed By:S-T-R:Date:Scale:
Reclaimed Water Project 2014(13-0052-UT)Map 2 of 6
Document Path: V:\GIS\Engineering\Location Maps\Khang Reclaimed Project 2014\Reclaimed_Water_Project_2014_2.mxd
17 Residential Propertiesalong Druid Rd.between S. San Remo Ave.& S. Highland Ave.
DRUID RD
PINE ST
TURNER ST
S HIGHLAND AVE
JASMINE WAY
S GLENWOOD AVE
OAKVIEW AVE
PINEVIEW AVE
S SAN REMO AVE
E MAGNOLIA ST
S SAN REMO AVE
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM KN N.T.S.297A14-29S-15E7/30/2014Map Gen By:Reviewed By:S-T-R:Date:Scale:
Reclaimed Water Project 2014(13-0052-UT)Map 3 of 6
Document Path: V:\GIS\Engineering\Location Maps\Khang Reclaimed Project 2014\Reclaimed_Water_Project_2014_3.mxd
4 Residential Propertiesalong D rew St.between N. Fredrica Ave.& Stevenson Creek
DREW ST
CLEVELAND ST
BETTY LN
N BETTY LN
N FREDRICA AVE
N LADY MARY DR
PRESCOTT AVE
N EVERGREEN AVE
JACKSON RD
KENWOOD AVE
GROVE ST
SAWGRASS ST
CALUSA CIR
DONA ST
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM KN N.T.S.287B15-29S-15E7/30/2014Map Gen By:Reviewed By:S-T-R:Date:Scale:
Reclaimed Water Project 2014(13-0052-UT)Map 4 of 6
Document Path: V:\GIS\Engineering\Location Maps\Khang Reclaimed Project 2014\Reclaimed_Water_Project_2014_4.mxd
CLEARW ATER GOLF &COUNTRY CLUB
94 properties including all ofForest Wood Estates Subdivisionto include 3001 Sunset Point Rd. &3062 Prestige Dr.
McMULLEN-BOOTH RD
SUNSET POINT RD
ST. CROIX DR
OAK FOREST DR
PRESTIGE DR
ABBEY LAKE RD
HOMESTEAD OAKS DR
CASTLE WOODS DR
OAK RIDGE CT
CASTLE WOODS LN
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM KN N.T.S.265A4-29S-16E7/30/2014Map Gen By:Reviewed By:S-T-R:Date:Scale:
Reclaimed Water Project 2014(13-0052-UT)Map 5 of 6
Document Path: V:\GIS\Engineering\Location Maps\Khang Reclaimed Project 2014\Reclaimed_Water_Project_2014_5.mxd
Project Area includes 9 lawnsin Imperial Cove Condoslocated at 19209 U.S. Hwy . 19 N
US 19
VIA CIPRIANI
TEAKWOOD DR
HARN BLVD
NURSERY RD
OSAKA DR
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM KN N.T.S.318A20-29S-16E7/30/2014Map Gen By:Reviewed By:S-T-R:Date:Scale:
Reclaimed Water Project 2014(13-0052-UT)Map 6 of 6
Document Path: V:\GIS\Engineering\Location Maps\Khang Reclaimed Project 2014\Reclaimed_Water_Project_2014_6.mxd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 14-365
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 5.3
SUBJECT/RECOMMENDATION:
Approve the final plat for Majestic Oaks Replat, 3030 Union Street, located on the north side
of Union Street approximately 1,000 feet east of McMullen Booth Road. (consent)
SUMMARY:
This replat will address the conflict of the subdivision entrance road and School Board
Entrance Dive on Union St.
There are no changes in the 43 lots currently platted.
The Flexible Standard case was reviewed on July 24, 2013
The Development Order was issued on September 19, 2013.
Page 1 City of Clearwater Printed on 8/15/2014
PROJECTSITE
PLATLOCATION
^
US
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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 Date: 7/31/2014 Grid #: 245A S-T-R: 33-28s-16w Scale: N.T.S.Map Gen By:Reviewed By:
MAJESTIC OAKS REPLAT
Document Path: V:\GIS\_Staff\Jim_B\Projects\Tom Mahony\Majestic Oaks.mxd
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LOT 18 LOT 18 LOT 17 LOT 16 LOT 15 LOT 14 LOT 6 LOT 5
LOT 4
ELYSIUM - PHASE 1
(PLAT BOOK 93, PAGES 41 THROUGH 46)
LOT 3
LOT 4
LOT 5 LOT 6 LOT 7
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-368
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: ReportIn Control: Engineering Department
Agenda Number: 5.4
SUBJECT/RECOMMENDATION:
Approve a Scope of Services and Performance Agreement for a three-year term, October 1,
2014 through September 30, 2017, to include two optional additional one-year renewals with
Data Ticket Inc., Newport Beach, CA, for parking violation processing services at a cost of
$1.29 per citation processed and for collection agency services at a fee of 23% of total
delinquent fines collected and authorize the appropriate officials to execute same; and
approve addition of one new FTE to the Parking Enforcement Division (consent).
SUMMARY:
The current agreements with Citation Management, a division of Professional Asset
Management, LLC, for parking violation processing services and collection agency services
expire on September 30, 2014.
Five firms responded to RFP 22-14 by submitting written proposals and three made
presentations to the selection committee. The selection committee ranked Data Ticket Inc. as
top firm. The selection committee was comprised of representatives from Internal Audit,
Information Technology (IT) and the Parking System.
Data Ticket Inc. was ranked the top firm based on the following selection criteria: experience
and qualifications, project approach, financial stability/references, customer service approach,
hardware/software and fees.
This is a 3-year agreement with two one-year renewal options, upon the written mutual
agreement of both parties. The parking violation process fee of $1.29 per citation is for years
one through three. The collection agency service fee will be 23% (Collection Fee) for all three
years. The Collection Fee will be added to the outstanding ticket balance when a citation is 31
days old and will be paid by the customer. Approximately 32,000 citations are issued
annually. The estimated annual cost to the City under the proposed contract is $41,170. Staff
anticipates approximately $18,500 in additional start-up costs during the first year of the
contract.
The terms of the parking violation processing services agreement include: all
hardware/software for noticing and coordination with the State Division of Motor Vehicles for
registration holds; processing of all delinquent notices; delinquent collections; City lease of
seven handheld ticket writers with integrated printer and color photography; and establishment
of a web site with the following capabilities:
·View real-time citation(s) data, including pictures taken by the issuing officer
·Accept payment via VISA, MasterCard, Discover and American Express credit/debit
cards, cash, check or money order
·Process insufficient-funds-requests and refunds
Page 1 City of Clearwater Printed on 8/15/2014
File Number: ID#14-368
·Reduce or increase violation amounts, dismiss citations, void citations and place a
citation on hold
·Change citation data, including violations, date, time, plate, location, comments, make,
model, color, registration expiration date and others
·Perform administrative reviews online by entering the disposition directly online
·Generate a time expired or letter of non responsibility for a citation in the adjudication
process
·View the complete reason for the review request and supporting documentation
provided by the appellant directly online
·Edit appellant information
·Upload disposition documents sent to the City via US Mail
·Add a note to a citation and see all comments added to the citation
·View the reason for the 2nd Level Administrative Hearing Request online and view the
supporting documentation provided by the appellant, directly online
·Print a receipt with or without registered owner information
Many of these website features are not available under the current contract and are intended
to provide customers with any available information, in real time, related to their citation. This
may result in a reduction in the number of citation disputes and cases brought to court.
Citations that are unpaid after 90 days are forwarded to the delinquent services - Penn Credit
for collection efforts. Penn Credit receives 23% of the funds they collect.
Current average annual gross parking fine revenue is $810,000 with $5 for every citation
collected, or an estimated $160,000, directed to the School Crossing Guard Program.
The City intends to bring in-house the customer service function previously provided by
Duncan Solutions. The new functions to be performed in-house include: acceptance of
walk-in payments; establishment of a local and toll free telephone line going directly to City
staff; City staff review and adjudication of citation appeals in person; and routine
correspondence (citizen questions, complaints, concerns, etc.).
In order to perform this function staff has identified a need for one new FTE, Customer
Service Representative, to be located in the Garden Avenue Garage office and paid from the
Parking Fund. Savings from the new contract with Data Ticket are sufficient to cover the
salary and benefits of this new FTE.
APPROPRIATION CODE AND AMOUNT:
0435-01334-530300-545-000-0000
Funding for this agreement is included in the 2014/15 City Manager’s Recommended Parking
Enforcement Operating Budget of Contractual Services. Future years funding will be included
in the Parking Enforcement operation budget from the Manager.
Type: Operating Expenditure
Page 2 City of Clearwater Printed on 8/15/2014
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888-752-0512
Sales@DataTicket.com
- 1 - - 1 -
SCOPE OF SERVICE AND PERFORMANCE AGREEMENT
Data Ticket, Inc.
4600 Campus Drive, Suite 200
Newport Beach, California 92660
(here-in-after sometimes referred to as "COMPANY")
AND
THE CITY OF CLEARWATER
112 S OSCEOLA AVENUE
CLEARWATER, FLORIDA 33756
(here-in-after sometimes referred to as "AGENCY"),
The COMPANY intends to provide for the processing of fines, bails and forfeiture
thereof, in connection with the issuance of citations for illegal parking pursuant to the
laws of the State of Florida and City of Clearwater Ordinances.
ARTICLE I - CITATION PROCESSING
1.1 Referral and Reconciliation: COMPANY shall receive and process parking citations
which COMPANY shall receive from AGENCY. COMPANY will provide a reconciliation
of the number of citations received from AGENCY.
1.2 Determination of Processable Citations: COMPANY shall screen the parking
citations referred to it by AGENCY to determine if the citation is processable. If the
citation is determined by COMPANY to be unprocessable (e.g., ess ential processing
information is missing), COMPANY shall return the citation to AGENCY within seven (7)
days of receipt, by COMPANY's office, for clarification. COMPANY will be paid the
contractual rate hereinafter provided, for citations properly returne d to the AGENCY as
unprocessable.
1.3 Collection and Deposit of Funds: A "direct deposit" system shall be employed for all
funds received in payment of citations. The AGENCY shall own the account and
deposits shall be made directly into the account by the COMPANY or the AGENCY,
dependent upon where the funds are received. The COMPANY will invoice the
AGENCY for services rendered. Payment of invoice in full shall be due within thirty (30)
days of AGENCY’s receipt of invoice, after which interest shall be accrued at the rate of
6%, (or lower if any statutes, rules or regulations prohibit this rate).
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888-752-0512
Sales@DataTicket.com
- 2 - - 2 -
1.4 AGENCY Account: the AGENCY shall reconcile the account the month following the
banking activity, disburse all revenue due the COMPANY, any tax or surcharge liability
and all refunds and provide all supporting documentation for the COMPANY records.
1.5 Identification of Registered Vehicle Owners: COMPANY shall exert best efforts and
attempt to obtain the name and address of the registered vehicle own er from the State
Department of Motor Vehicles (DMV) for each vehicle for which a parking citation has
been issued but payment for which has not been received within the required time
period. COMPANY shall follow all procedures specified by the DMV, and b e consistent
with the Vehicle Code when identifying registered vehicle owners.
1.6 Verification of Ownership: COMPANY will take reasonable measures to identify
and verify registered vehicle owners. Such measures will take into consideration
factors such as issuance of new license plates; address changes; license plate
transfers to other vehicles; name changes; and the validity of plates and registration
during specific time periods applicable to individual cases.
1.7 Courtesy and Delinquency Notices: In accordance with State law, COMPANY will
generate and mail (presorted, first-class postage) no sooner than allowable by law, a
first courtesy notice and subsequent delinquency notice to all identified registered
owners of vehicles who fail to pay their pa rking citation fines or to post bail in the
required manner. The mailed notice s will include all information required by the State
Vehicle Code, including, but not limited to the following:
A. The parking citation issuance date and number;
B. The consequences of nonpayment (i.e., a hold on the vehicle registration and
the imposition of penalties, towing, or issuance of a possible warrant for
arrest);
C. The amount of fines and fees due and payable;
D. Affidavit of Non-Ownership.
1.8 Registration Holds: The COMPANY will provide the system and procedures and will
interface with the State Department of Motor Vehicles to place a hold on vehicle
registration having unpaid parking fines and fees due against those vehicles in
accordance with the Vehicle Code and any other applicable State and local laws. The
notification will be given within a reasonable period of time after issuance of a
delinquency notice. The period of time will not exceed the time limits provided by state
and local law.
1.9 Removal of Registration Holds: COMPANY will provide the system and procedures
and will interface with the State Department of Motor Vehicles to remove registration
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888-752-0512
Sales@DataTicket.com
- 3 - - 3 -
holds when a registered vehicle owner satisfies the entire amount of parking citation
fines, penalties, and fees due against the vehicle and establishes such payment to the
satisfaction of COMPANY and/or the AGENCY.
1.10 Contested Citations: In the event a registered vehicle owner disputes his/her
liability for the outstanding parking citation, COMPANY and/or the AGENCY will advise
the registered vehicle owner of his/her right to request an appeal according to the laws
in the state of citation issue. All contested citations will be forwarded to the appeals
administrator within the prescribed time period so that the matter can be adjudicated.
1.11 Appeals: If requested by AGENCY, the COMPANY will schedule appeals in
accordance with state law, to respond to parking violators wishing to contest their
citations. The COMPANY will provide a toll-free number for contestants to call and a
web site for contestants to appeal. The COMPANY and/or the AGENCY will correspond
with contestants and notify them of decisions; maintain records of dispositions and
appeal paperwork and refer all paperwork to Court if r equired. The COMPANY shall
not be responsible for the AGENCY's failure to provide correct or timely infraction
information. The AGENCY shall be responsible to pay any court filing fees due, if
appeals are sent to Court and earlier decisions are overturne d by the Court.
1.12 Citations Disposed of by Hearing/Court: The COMPANY or AGENCY may be
required, as a result of court action, to reduce or cancel, on an individual basis, parking
citations which have been referred to it. COMPANY shall be paid the con tractual rate
hereinafter provided for processing the citation regardless of the outcome of court
action. The AGENCY will be responsible for all interactions with the Pinellas County
Court system for parking ticket disputes elevated to a court hearing. Such interactions
shall include, but may not be limited to, correspondences with the court system and
attending court hearings. The AGENCY will maintain records indicating any reduction
or cancellations of parking citations as a result of hearing/court action and will provide
such information to COMPANY. Parking citations that are dismissed as a result of
hearing/court action will have the dismissal processed by the COMPANY or AGENCY
promptly after receipt from the Hearing/Court.
1.13 Suspension of Processing: COMPANY will suspend processing on any citation
referred to it for processing upon written notice to do so by an authorized officer of the
AGENCY. COMPANY will promptly return any citation or facsimile properly requested
by the AGENCY. COMPANY will maintain records indicating any suspension of citation
as a result of AGENCY's request. COMPANY shall be paid the contractual rate
hereinafter provided for processing the citations suspended by the AGENCY.
1.14 Payments by U.S. Mail: It is the citizen’s responsibility to ensure that payments
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888-752-0512
Sales@DataTicket.com
- 4 - - 4 -
are received on or before the date due. The postmarked date on the envelope used by
a citizen to provide payment shall be the criteria to establish any delinquent fees due.
In the event the postmarked date is not visible on the envelope, the posted payment
date would be three days prior to date received by AGENCY.
1.15 Parking Citation System Master File Update: COMPANY will regularly, on a daily
basis, update the parking citation database with new citations, p ayments, reductions,
cancellations, dismissals and any other pertinent data.
ARTICLE II - PAYMENT PROCESSING
2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a
minimum of three (3) years. Closed citations will remain on-line for a minimum of three
(3) years for research and statistical purposes.
2.2 Payments Processing: COMPANY shall process citation payments within twenty-
four (24) hours of receipt. Payments shall be immediately posted in one (1) of three (3)
following categories:
"Regular Payments" are payments with the correct bail, paid on or before the due
date. (This includes payments properly complying with prior Notices -of-Intent).
"Partial Payments" are payments paid for less than the amount of bail due. A notice
or additional correspondence may advise defendant of late charges and/or incorrect
bail.
"Court/Hearing Requests" are all requests for administrative/court hearings by
defendants. These requests are sorted so that bail submitted is i mmediately posted,
and if needed the original citations are retrieved.
2.3 Miscellaneous Letters Processing: COMPANY and/or the AGENCY will receive and
review all miscellaneous correspondence. These are generally letters requesting meter
checks, refunds, voids, or otherwise setting forth complaints. These letters will be
researched for proper follow-up either by AGENCY or by COMPANY.
2.4 Batching Procedures: COMPANY shall maintain an effective method of internal
control procedures. Such procedures shall involve reconciliation of all payments
received using generally accepted accounting principles. After proper reconciliation,
deposit slips shall be prepared for and deposits made at the appropriate bank, including
an itemized listing of all batch numbers included in the deposit. The batch of citation
payment documentation shall then be scanned and stored electronically on the network
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888-752-0512
Sales@DataTicket.com
- 5 - - 5 -
for a minimum period of three (3) years.
2.5 Cash Payments: COMPANY and/or AGENCY shall maintain an effective method of
handling cash payments. All cash received by COMPANY, shall be deposited into
AGENCY’s account and logged in a cash journal. All cash received by AGENCY shall
be deposited into AGENCY’s account and processed in accordance with AGENCY’s
standard procedures. Thereafter, effective internal control procedures shall be
implemented to reconcile such payments, using generally accepted accounting
principles.
2.6 Deposits: All deposits shall be made daily, subject to regular banking hours.
Deposits shall be itemized and detailed information will be captured regarding
submitted funds. Deposit slips shall be prepared in triplicate. All deposits shall be
directly deposited and COMPANY and/or AGENCY shall perform all reconciliation and
check generation along with monthly invoicing. COMPANY will deposit directly into
AGENCY’s account, but will have no authorization to perform any other duties. Monthly
invoicing will be generated by the parking management system and AGENCY will be
responsible to reconcile the account and cut all checks. AGENCY will supply deposit
slips and endorsement stamp to COMPANY.
2.7 Revenue Report: The COMPANY shall provide a monthly revenue report listing all
revenues received during a given month. This report will also provide information
regarding the AGENCY's responsibility for any fees or obligations with respect to use of
the collected funds such as court costs as described in 1.12 above and contributions to
AGENCY’s School Crossing Guard Program.
ARTICLE III – WEB SITE
3.1 Citation Management Web Site: The COMPANY will provide and maintain a web
site for AGENCY review and interface of its database, including all citations and
information relating to changes in status.
3.2 Citizen Web Site Access: When the AGENCY has web site access, the citizens
who receive citations will be able to access the web site to review their individual
citations, pay on-line and appeal on-line.
3.3 Web Site Interaction: The web site may be “view only” or “interactive,” for AGENCY
staff depending on requirements of the AGENCY.
3.4 Web Site Reports: Web site reports are available to the AGENCY on a daily 24/7
schedule and export into Excel for easy flexible reporting in addition ad hoc reporting is
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888-752-0512
Sales@DataTicket.com
- 6 - - 6 -
available.
3.5 Web Site Access: Individual user ID’s and passwords will be assigned to the
AGENCY staff at no cost.
3.6 Web Site Features: The web site shall include but may not be limited to features
identified in Exhibit “B” attached hereto and by this reference, made a part hereof.
ARTICLE IV – ADDITIONAL SERVICES
4. 1 Other Collections: COMPANY shall charge a percent of payments, as shown in
“Schedule of Fees” attached hereto as Exhibit “A” and by this reference made a part
hereof, that are collected on delinquent citations which have been p rocessed in
accordance with the current Agreement, and meet the following criteria:
A. Delinquent citations; those for which the State Department of Motor
Vehicles have been placed on a registration hold and/or dropped from
the registration hold due to a transfer of ownership or non-renewal of
registration or a registration hold has not been placed, but the normal
daily processing cycle is complete.
B. Citations with out-of-state license plates.
C. Any other problem or special citations that AGENCY so
designates and refers to COMPANY under this Agreement.
4.2 Postal Rate Increase: The COMPANY will maintain auditable records to document
the COMPANY's actual postage costs associated with the mailing of delinquency
notices for unpaid citations and for other mailings related to the processing of
correspondence. If there is a postal increase, that increase will be invoiced effective on
the date that the postal rate increase goes into effect.
4.3 Customer Service Features: The COMPANY shall provide, or make available, the
features shown in Exhibit “B” attached hereto.
ARTICLE V - GENERAL
5.1 Public Inquiries: The COMPANY and/or AGENCY will respond to reasonable
inquiry by telephone or letter of a nonjudicial nature. Inquiries of a judicial nat ure will be
referred to the AGENCY for determination, unless the COMPANY has been designated
to handle appeals.
5.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal
action in any specific case without AGENCY's prior approval.
4600 Campus Drive, Suite 200
Newport Beach, CA 92660
888-752-0512
Sales@DataTicket.com
- 7 - - 7 -
5.3 Use of Approved Forms: AGENCY shall have the right to reasonable approval of all
forms, delinquency notices, and correspondence sent by the COMPANY. These must
conform to State and local law.
5.4 Books and Records: The COMPANY will be required to comply with Section
119.0701, Florida Statutes, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the City of Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and
conditions that the City of Clearwater would provide the records and at a cost
that does not exceed the cost provided in this chapter or as otherwise provided
by law;
(c) Ensure that public records that are exempt or confident ial and exempt from
public records disclosure requirements are not disclosed except as authorized by
law; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to
the City of Clearwater all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the public agency in a
format that is compatible with the information technology systems of the City of
Clearwater.
5.5 Ownership: All reports, information, and data, including but not limited to computer
tapes or discs, files, and tapes furnished or prepared by the COMPANY, (co llectively
the "Materials"), are and shall remain exclusively the sole property of COMPANY, and
the AGENCY shall acquire no right or title to said Materials. All computer software and
systems, related automated and manual procedures, instructions, computer programs
and data storage media containing same, and written procedures performed hereunder
(collectively the "System") are and shall remain exclusively the sole property of
COMPANY, and the AGENCY shall acquire no right or title to said Systems.
5.6 Property of AGENCY: All documents, records, discs and tapes supplied by
AGENCY to COMPANY in performance of this contract are agreed to be and shall
remain the sole property of AGENCY. COMPANY agrees to return same promptly to
AGENCY no later than ninety (90) days following notice to the COMPANY. The
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AGENCY shall make arrangements with COMPANY for the transmission of such data
to the AGENCY upon payment to COMPANY of the cost of copy and delivery of such
tape from COMPANY's computer facilities to AGENCY's designated point of delivery,
plus any open invoices.
5.7 Confidentiality: Pursuant to Florida Statute section 812.081(1)(c), “trade
secret” means the whole or any portion or phase of any formula, pattern, device,
combination of devices, or compilation of information which is for use, or is used,
in the operation of a business and which provides the business an advantage, or
an opportunity to obtain an advantage, over those who do not know or use it.
“Trade secret” includes any scientific, technical, or commercial information,
including any design, process, procedure, list of suppliers, list of customers,
business code, or improvement thereof. Irrespective of novelty, invention,
patentability, the state of the prior art, and the level of skill in the busi ness, art, or
field to which the subject matter pertains, a trade secret is considered to be:
1. Secret;
2. Of value;
3. For use or in use by the business; and
4. Of advantage to the business, or providing an opportunity to obtain an
advantage, over those who do not know or use it
when the owner thereof takes measures to prevent it from becoming ava ilable to
persons other than those selected by the owner to have access thereto for
limited purposes.
In order to enable COMPANY to carry out its work hereunder, to some extent it will
have to impart to the AGENCY's employees information contained in the Materials and
Systems (collectively the "CONFIDENTIAL DATA"). The AGENCY agrees that
information that constitutes “trade secrets,” as defined herein shall be marked in writing
as "CONFIDENTIAL", so as to give notice of its confidential nature, when submitt ed to
the AGENCY by COMPANY shall be retained by AGENCY, as required by chapter 119,
Florida Statutes. The PUBLIC AGENCY recognizes that irreparable harm could be
occasioned to COMPANY by disclosure of CONFIDENTIAL DATA that is related to its
business and that COMPANY may accordingly seek to protect such CONFIDENTIAL
DATA by enjoining disclosure. The parties hereto realize that pursuant to Florida
Statute Chapter 119, certain information or other written or electronic communication
with AGENCY may be subject to public disclosures unless expressly exempt.
5.8 Consent for Disclosure: AGENCY shall retain all documents as required by chapter
119, Florida Statutes. If trade secret information is provided and such documents are
marked “confidential,” then the City shall exempt such documents from public access
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and make such documents confidential.
5.9 COMPANY Files: COMPANY shall maintain master files on parking citations
referred to it for processing under the scope of services , pursuant to chapter 119,
Florida Statutes. Such files will contain records of payments, dispositions, and any
other pertinent information required to provide a reasonable audit trail.
5.10 Storage for AGENCY:
A. COMPANY agrees to store original citations, manually scanned or
received electronically, on the network for a minimum of three (3)
years. AGENCY relieves COMPANY of all liability costs associated
with data released by AGENCY to any other person or entity using
such data.
B. Subsequent to the termination of the contract, COMPANY will return all
hard copies to the AGENCY or shred them. If requested, an electronic
file, diskette or CD of all processed data will be available to the
AGENCY.
ARTICLE VI - REPORTS
6.1 Periodic Reports: COMPANY will submit reports to AGENCY daily and monthly.
The reports will provide activities relating to performance under this Scope of Services.
Among the reports, which COMPANY will generate, are the following:
A. Report of revenue collected
B. Report for parking citations issued
C. A balanced summary report for issuing AGENCY providing the status of
all parking citations for a given period
D. Report for issuing AGENCY identifying registered vehicle owners with
multiple outstanding parking citations.
E. Report identifying the parking citations issued, location and violation by
officer.
6.2 Annual Reports: Annually, COMPANY shall comply with existing state laws.
ARTICLE VII – TERM OF CONTRACT AND COSTS
7.1 Terms and Renewals: This Agreement shall be for three (3) years commencing on
October 1, 2014 (herein “Effective Date”). Unless notice of termination, is made in writing
by either party to the other no less than ninety (90) days prior to the end of the scheduled
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term, this Agreement shall automatically renew for two (2) additional one (1) year periods.
In conjunction with the automatic extension of the terms of this Agreement, COMPANY
may give notice of reasonable price adjustments for its processing services. The
AGENCY will have thirty (30) days to respond in writing to the purposed increase. Unless
AGENCY gives notice in writing of its rejection of these price adjustments, the term shall
be extended with these price adjustments as stated. If the AGENCY gives notice of its
rejection of these price adjustments, unless there is a further written Agreement between
the parties, the term of the Agreement shall not be extended and the Agreement shall
terminate.
7.2 Conversion: Following the execution hereof and p rior to the Effective Date (herein,
“Conversion Period”), the COMPANY shall conduct due diligence necessary to be able to
perform its obligations under this Agreement in full capacity as of the Effective Date.
AGENCY shall provide any information, documents and data requested by COMPANY
during the Conversion Period.
7.3 Cancellation: Upon a material breach or upon ninety (90) days written notice
to the COMPANY, the AGENCY may cancel or terminate this Agreement. The
COMPANY shall have thirty (30) days to cure any material breach or defect set forth in the
written termination notice provided by the AGENCY.
7.4 Exclusivity: AGENCY agrees to utilize only the services of the COMPANY
during the term of the Agreement for the processing of the citations referred to above.
AGENCY agrees during the term of the Agreement, to not directly o r indirectly engage a
competitor of the COMPANY for the performance of the services provided by the
COMPANY under this Agreement.
7.5 Costs: Please see Fee Schedule attached hereto as Exhibit “”A” for all associated
costs.
7.6 Additional COMPANY Obligations Prior to Expiration/Termination: Prior to the
termination or expiration hereof, the COMPANY shall coordinate with AGENCY and
AGENCY’s contractor(s) to assist in AGENCY’s transition to use other resources for ticket
citation and collections processing whether AGENCY chooses to use internal or
contractual resources.
ARTICLE VIII – CLAIMS AND ACTIONS
8.1 AGENCY Cooperation: in the event any claim or action is brought against
COMPANY relating to COMPANY’s performance or services rendered under this
Agreement, COMPANY shall notify the AGENCY, in writing, within five (5) days, of said
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claim or action.
8.2 Hold Harmless: COMPANY and AGENCY agree to the following hold harmless
Clauses:
A. COMPANY agrees to indemnify, defend and hold harmless the AGENCY and its
officers and employees against all claims, demands, damages, costs, and
liabilities arising out of, or in connection with the performance by COMPANY or
AGENCY or any of their officers or employees under this Agreement, excepting
only loss, injury or damage caused solely by the negligent acts or omissions of
AGENCY or any of its officers or employees.
B. To the extent permitted by Florida Statute 768.28, AGENCY agrees to indemnify,
defend and hold harmless the COMPANY and its officers and employees against
claims, demands, damages, costs and liabilities arising out of, or in connection
with the performance by AGENCY or COMPANY or an y of their officers or
employees under this Agreement, excepting only loss, injury or damage caused
solely by the negligent acts or omissions of COMPANY or any of its officers or
employees. Nothing herein shall be construed as a waiver of any immunity from or
limitation of liability AGENCY is entitled to under the doctrine of sovereign
immunity.
ARTICLE IX – SUBCONTRACTORS AND ASSIGNMENTS
9.1 Subcontracting: COMPANY is authorized to engage subcontractors as permitted by
law at COMPANY’s own expense, subcontractors shall be deemed agents of COMPANY.
9.2 Assignments: This contract may not be assigned without the prior consent of the
AGENCY. It is understood and acknowledged by the parties that the COMPANY is
uniquely qualified to perform the services in this Agreement.
ARTICLE X - INDEPENDENT COMPANY
10.1 COMPANY’s Relationship: COMPANY’s relationship to the AGENCY in the
performance of this Agreement is that of an independent contractor. Personnel
performing services under this Agreement shall at all times be under COMPANY’s
exclusive direction and control and shall be employees of COMPANY and not employees
of the AGENCY. COMPANY shall pay all wages and salaries and AGENCY shall not be
responsible for all reports and obligations relating to social security, income tax
withholding, unemployment compensation, worker’s compensation, and similar matters.
Neither COMPANY nor any officer, agent, or employee of COMPANY shall obtain any
right to retirement benefits or other benefits which accrue to employees of AGENCY and
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COMPANY hereby expressly waives any claim it might have to such rights.
ARTICLE XI – INSURANCE
The COMPANY shall, at its own cost and expense, acquire and maintain during the
term with the AGENCY, sufficient insurance to adequately protect the respective
interest of the parties. Coverage shall be obtained with a carrier having an AM Best
Rating of A-VII or better. In addition, the AGENCY has the right to review the
COMPANY’s deductible or self-insured retention and require that it be reduced or
eliminated.
Specifically, the COMPANY must carry the following minimum types and amounts of
insurance on an occurrence basis or in the case of coverage that cannot be obtained
on an occurrence basis, then coverage can be obtained on a claims -made basis with a
minimum three (3) year tail following the termination or expiration of this Agreement:
A. Commercial General Liability Insurance coverage in the minimum
amount of $1,000,000 per occurrence and $2,000,000 general aggregate.
B. Commercial Automobile Liability Insurance covered for any owned,
non-owned, hired or borrowed automobile is required in the minimum amount
of $1,000,000 combined single limit.
C. Unless waived by the State of Florida, statutory Workers’ Compensation
Insurance coverage in accordance with the laws of the State of Florida, and
Employer’s Liability Insurance in the minimum amount of $100,000 each
employee accident. $100,000 each employee by disease and $500,000
aggregate by disease with benefits afforded under the laws of the State of
Florida. Coverage should include Voluntary Compensation and U.S.
Longshoremen’s and Harbor Worker’s Act coverage where applicable.
Coverage must be applicable to employees, contractors, and subcontractors,
if any.
D. In lieu of Cyber Liability insurance coverage, the Company agrees to be
financially responsible in full to meet or exceed the notification and monitoring
requirements under Florida Statute 817.5681, including any fines, penalties,
additional labor cost, third-party reporting notification services and/or
monitoring services, or other obligations as per the Statute.
E. Professional Liability/Malpractice/Errors or Omissions Insurance
coverage appropriate for the type of business engaged in by the COMPANY
with minimum limits of $1,000,000 per occurrence. If a claims made form of
coverage is provided, the retroactive date of coverage shall be no later than
the inception date of claims made coverage, unless prior policy was extended
indefinitely to cover prior acts. Coverage shall be extended beyond the policy
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year either by a supplemental extended reporting period (ERP) of as great a
duration as available, and with no less coverage and with re instated
aggregate limits, or by requiring that any new policy provide a retroactive date
no later than the inception date of claims made coverage.
F. If the COMPANY is using its own property or the property of AGENCY in
connection with the performance of its obligations under this Agreement, then
Property Insurance on an “All Risks” basis with replacement cost coverage
for property and equipment in the care, custody and control of others is
required.
The above insurance limits may be achieved by a combinatio n of primary and
umbrella/excess liability policies.
Other Insurance Provisions:
A. The AGENCY is to be specifically included as an “Additional Insured” on
the Commercial Liability Insurance and Commercial Auto Liability, and named
as a “Loss Payee” on COMPANY’s Property Insurance policy.
B. Prior to the execution of this Agreement, and then annually upon the
anniversary date(s) of the insurance policy’s renewal date(s), the COMPANY
will furnish the AGENCY with a Certificate of Insurance evidencing the
coverage set forth above and naming the AGENCY as an “Additional
Insured”. In addition when requested in writing from the AGENCY,
COMPANY will provide the AGENCY with certified copies of all applicable
policies. The address where such certificates and certified policies shall be
sent or delivered is as follows:
City of Clearwater
Parking Manager
P.O. Box 4748
Clearwater, FL 33758-4748
C. COMPANY shall provide thirty (30) days written notice of any cancellation,
non-renewal, termination, material change or reductio n in coverage.
D. COMPANY’s insurance as outlined above shall be primary and non -
contributory coverage for COMPANY’s negligence.
E. COMPANY shall defend, indemnify, save and hold the AGENCY harmless
from any and all claims, suites, judgments and liability for de ath, personal
injury, bodily injury, or property damage arising directly or indirectly including
legal fees, court costs, or other legal expenses.
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the AGENCY, and failure to request evidence of this insurance shall
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not be construed as a waiver of COMPANY’s obligation to provide the insurance
coverage as specified.
ARTICLE XII – ENTIRE AGREEMENT
12.1 Integrated Agreement: This contract is intended by the parties as a final expression
of their Agreement and also as a complete and exclusive statement of the terms thereof,
any prior oral or written Agreement regarding the same subject matter notwithstanding.
This Agreement may not be modified or terminated orally and no modification or any claim
or waiver of any of the provisions shall be effective unless in writing and signed by both
parties.
12.2 Law Applicable and Venue: This Agreement shall be construed in accordance with
the Laws of the State of Florida. Venue for any dispute pertaining to this Agreement shall
lie exclusively in Pinellas County, Florida, and if venue is impractical due to lack of court of
competent jurisdiction, then a court in Hillsborough County, Florida shall have jurisdiction.
12.3 Notice to Parties: Any notice required under this Agreement to be given to either
party may be given by depositing in the United States mail, postage prepaid, first -class,
addressed to the following:
AS TO THE AGENCY:
PARKING MANAGER
THE CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FLORIDA 33758-4748
AS TO THE COMPANY:
DATA TICKET, INC.
A California Corporation
4600 CAMPUS DRIVE, STE 200
NEWPORT BEACH, CALIFORNIA 92660
4600 Campus Drive, Suite 200
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of
the day and year last written below.
COMPANY:
DATA TICKET, INC.
_____________________________
Witness
_____________________________
Print Witness Name By: ___________________________
_____________________________ ______________________________
Witness Print Name/Title
_____________________________
Print Witness Name
AGENCY:
CITY OF CLEARWATER, FLORIDA
Countersigned:
____________________________ By: ___________________________
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
____________________________ ______________________________
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
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EXHIBIT “A”
FEE SCHEDULE
Electronic Parking Citation Processing: $0.50 per citation
Services for the above-mentioned items include:
Automated citation transmission into Data Ticket’s Citation Management
Solution 24/7
Automated confirmation email detailing successfully transmitted citations
Automated transmission of photos attached to citations
1st Delinquent Notice: $0.70 per applicable citation
Services for the above-mentioned item include:
Semi-custom Courtesy Notice that is printed on an 8 ½ x 11” piece of paper with
a perforated tear-of payment stub provided in a window envelope sent to the
registered owner of a vehicle
All notices are attached to the citation online and are viewable via the web
All notices sent via 1st Class Mail
All notices include a return envelope in which the responsible party may submit
payment
This cost will increase as the US Postal Service increases the 1st Class postage
rate
This charge is only incurred if the individual does not pay off the windshield and
a notice is sent to the individual as a result
Delinquent Collections: 23% of revenue collected
This fee will be assessed when a citation is 31 days old OR if the City
reconfigures the notice timing. This assumes a first notice has been sent to the
registered owner and the citation is not on hold for any reason
Delinquent Notices will be sent to the registered owner
All notices are sent via First Class mail and all notices are printed on an 8 ½ x
11” sheet of paper and folded into a window envelope; in addition, a window
envelope is provided for the recipient to return payment
All notices are attached to the citation online and are viewable via the web
If Data Ticket does not collect on a citation that is delinquent, the Agency does
not owe this fee
Notices will be sent via 1st Class Mail, and Data Ticket will be responsible for the
cost incurred and all customer service and payment entry
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Credit Reporting Collections 23% of revenue collected
Legal Action Not Required (OPTIONAL)
This fee is charged if a citation is paid at Advanced Credit Reporting Collections
This charge is not combined with any other charge; for example if a citation is
rolled to delinquent status and paid at Credit Reporting Collections, only the 23%
of revenue collected will be charged
Electronic Citation Issuance:
Data Ticket has recommended the City utilize the online citation issuance
solution via the computers currently in the patrol vehicles. There is no cost for
this solution. Should the City prefer to utilize handheld ticket writers, we would be
happy to provide a quote.
Ticket Stock:
Data Ticket has recommended the City utilize the online citation issuance
solution and assumes the City will pay for the ticket stock and envelopes
associated with the issuance of parking citations. Should the City prefer for Data
Ticket to quote these items, we would be happy to do so.
Installation and Training One-time cost of $3,000
Services for the above-mentioned item include:
Data Ticket, Inc. will send an IT staff member to Clearwater to install and train
City staff on handheld ticket writers and web training. The Data Ticket IT staff
member will be available for system training/questions and general help for a
period of not less than two (2) full work days.
Handheld Unit Pricing LEASE:
Casio IT9000 Handheld Unit 3 year lease $150.00 per unit per month
Handheld Ticket writers with integrated printer
Docking stations to transmit citations electronically
Remote servicing; Remote software enhancements
Full maintenance and support with 48 hours replacement
No deductible to be assessed in the event of repair or replacement
No limit on the number of repairs or replacements required
Handheld Unit Pricing PURCHASE:
Casio IT9000 Handheld Unit Purchase $3,800.00 per unit
Handheld Ticket writers with integrated printer
Docking stations to transmit citations electronically
Remote servicing; Remote software enhancements
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No deductible to be assessed in the event of repair or replacement
Software Licensing Fees, per License: $600.00 per handheld unit for
year 1 only
$150.00 per handheld unit for
subsequent years
Software licensing fees only apply to the handheld units Data Ticket offers.
Software Support / Maintenance Fees: $50.00 per handheld unit per
month
This fee applies ONLY to the Purchase Price. The lease price includes software
support and maintenance
Full maintenance and support with 48 hour replacement
No limit on the number of repairs or replacements required
Conversion: Included
Data Ticket will convert the citations currently with the Agency’s existing vendor
at no cost to the Agency
Citations that have not had a payment and do not have a registered owner will
immediately be sent to the appropriate DMV so as to obtain a registered Owner
Cost Increases:
Postal Rate Increase Offset – If postal rates increase during the term of the
agreement, fees to DTI shall be raised immediately to offset the effect of the actual
postal rate increase.
CPI Increases – There will be NO CPI increases for the duration of the agreement.
Fees Charged to the Customer:
Credit/Debit Card Processing $3.50 per transaction
Data Ticket is PCI Compliant and provides for the ability to pay via VISA,
MasterCard, Discover, and American Express on our website,
www.CitationProcessingCenter.com, via our toll-free, bi-lingual Customer
Service Representatives, and via our toll-free, bi-lingual IVR Solution
There is no charge to the Agency for credit / debit card processing; however,
the Customer is charged $3.50 per transaction; this means the Patron can pay
for a single or many citations at once and incur a single $3.50 fee
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Payment Plan Processing variable cost
An administrative fee will be assessed to Patrons who wish to participate in a
payment plan. There is no charge to the Agency. This fee will cover the cost of the
payment plan initiation, and the cost of a confirmation lette r that is sent to the Patron
confirming the details of the payment plan. The Agency will have the ability to determine
whether Payment Plans are accepted and, if so, what the parameters for payment will
be.
Credit Card Chargeback Processing $30.00 per transaction
If a chargeback occurs, a fee will be charged to the Customer for the
processing of the chargeback
No fee will be charged to the Agency
EXHIBIT “B”
Customer Service Features
Page 1 of 2
Data Ticket, Inc. will perform, or make available, the following features:
Online Access for the Agency’s Customers:
The Agency’s Patrons will have the ability to perform the following functions online:
View real-time citation(s) data
Pay for a single or many citation(s)
Request Appeals online and attach up to three documents supporting their
position
Print a receipt
View pictures of the citation taken by the issuing officer (if the Agency allows)
Online Access for the Agency’s Staff:
Access to the Agency’s data is based on unique usernames and passwords assigned to
each individual who requires access to the system. Data Ticket does not limit the
number of individuals who have access to the system and the number and types of
access can change at any point with a simple email request to Data Ticket.
Our Solution is setup to maintain a complete audit trail for each and every transaction in
the system so that the username is displayed next to every transaction in the system,
indicating who performed the transaction and when.
Dependent on the access rights provided to each Agency Staff member, the following
capabilities are available:
View real-time citation(s) data, including pictures taken by the Issuing Officer
Accept payment via VISA, MasterCard, Discover and American Express
credit/debit cards
Accept payment via Cash, Check or Money Order
Process NSFs and Refunds
Reduce or increase violation amounts, dismiss citations, void citations and place
a citation on hold
Change citation data, including violations, date, time, plate, location, comments,
make, model, color, registration expiration date and others
Perform Administrative Reviews online by entering the disposition directly online
Generate a time expired or letter of non responsibility for a citation in the
adjudication process
View the complete reason for the Review Request and supporting
documentation provided by the Appellant directly online
Edit Appellant information
Upload disposition documents sent to the Agency via US Mail
Add a note to a citation and see all comments added to the citation
View the reason for the 2nd Level Administrative Hearing Request online and
view the supporting documentation provided by the Appellant, directly online
Print a receipt with or without registered owner information
EXHIBIT “B”
Customer Service Features
Page 2 of 2
Reporting:
Data Ticket offers 24 reports online for our Clients to generate, print and reprint
24/7. We provide real-time reports that can be generated for any timeframe
required and we provide pre-processed/month-end reports that reflect the
month-end view of data.
All reports are available online and because we do not purge data unless
specifically requested to do so by a Client, the data is available as long as the
Agency is a Client.
All reports are generated in HTML so our Clients can copy and paste the data
into Excel for data manipulation purposes. If the Agency were to request a
report that was not already available, Data Ticket would work with the Agency to
design the report and provide it to the Agency at no cost.
Manual Payment Processing:
Manually received payments (checks, cash, money orders and credit card
payments sent via US Mail) are received at our PO Box in Newport Beach where
a bonded and insured courier picks up the mail daily and delivers it to our
Newport Beach office
On-site Mail Department opens, sorts and batches the payments before
providing them to our on-site Data Entry Department
After double-blind entry of each payment, the citations are updated by our
Quality Assurance team
Payments are then provided to our Accounting Department where daily deposit
slips are completed and provided to a bonded, insured courier who takes them
to the bank
Customer Service:
Data Ticket provides a live, bi-lingual, on-site Customer Service Department that
is fully trained to answer questions related to citation issuance, payment,
adjudication, fix-it tickets, if applicable, sign-offs, Delinquent Collections,
Advanced Credit Reporting Collections and more
All calls are recorded to quality assurance and recordings can be sent to the
Agency at any time for review.
Data Ticket’s IVR is bi-lingual and accessible via several toll-free numbers; the
IVR provides real-time information to the caller regarding current status,
including the amount due
The IVR accepts VISA, MasterCard, Discover, and American Express
Web Presence:
Data Ticket’s Solution is 100% web-based and Section 508 Compliant and is
provided at: www.CitationProcessingCenter.com; this is a generic website in the
sense that it is not Agency branded. This website allows for the Agency and the
Agency’s Patrons to access citations online
If the Agency prefers to have an Agency branded website, one in which the look
and feel mimics that of the Agency’s website, Data Ticket can and will provide
this feature to the Agency.
Proposed SCOPE OF SERVICES AND PERFORMANCE AGREEMENT
between the City of Clearwater and Data Ticket, Inc.
Analysis of annual cost to the City under the proposed contract
Contract pricing is partially determined on a per-ticket basis. To estimate the total annual cost
to the City, staff used the following assumptions:
32,000 citations per year
60% of citations are paid without dispute
40% of citations require a notice to encourage payment
1. 60% paid without dispute
a. 19,200 citations X 0.50 processing fee per citation $9,600
2. 40% need 1st notice paid to encourage payment
a. 12,800 citations X 0.50 processing fee per citation $6,400
b. 12,800 citations X 0.70 per citation for delinquent noticing $8,960
3. Ticket Stock – 500 rolls (.08/ticket) $2,560
4. Casio Handheld Units
a. Lease of 7 units (7 @ $150/month X 12 months) $12,600
b. Software licensing fee - $150 per year for each unit $1,050
5. New City FTE (Customer Service Representative) $39,000
TOTAL ESTIMATED ANNUAL COST TO CITY $80,170
Annual Cost to City for Current Vendor’s Services:
Amount paid to current vendor for contractual services in FY13 $87,413
Additional costs that can be eliminated under proposed contract $3,700
TOTAL FY13 CITY COSTS UNDER CURRENT VENDOR $91,113
One-Time First Year Costs under Proposed Contract:
Software licensing fee (in addition to item 4b above) $3,150
Installation and training of City staff $3,000
Capital improvements to Garden Avenue Garage $10,000
Equipment – Computer, phone, desk, cashier drawer, printer $2,130
TOTAL FIRST-YEAR ADDITIONAL COSTS TO CITY $18,280
Other General Information:
Annual gross revenue from parking citations $810,000
$776,477 in FY12; $811,350 in FY13; $610,931 YTD in FY14
Estimated $160,000 is directed to the City’s School Crossing Guard Program
Total gross Parking System revenue (including citation revenue) $5,100,000
$5,019,828 in FY12; $5,117,238 in FY13; $3,494,424 YTD in FY14
Customer call volume (actual call-volume data provided by current vendor)
4.44 hours per day with average call time of 7.3 minutes = 36.5 calls per day
Duties to be performed by the City’s Parking System Division staff:
Receive payments
Walk-in
Mail
Phone
Phone calls and call-backs
City staff will take phone calls from the public on all citation matters during normal
business hours (8:00AM – 5:00PM), excluding holidays. The proposed contract allows
the City to utilize Data Ticket’s call center at no additional cost which may be beneficial
for evening hours (Data Ticket is on Pacific Time and their call center is open until
8:00PM Eastern Time).
Manual tickets
City staff will enter manually written tickets from the Police Department and occasionally,
from the Parking Enforcement System
Appeals
Walk-in
Mail
Online
Court Disputes
Walk-in
Mail
Online
Court dispositions
City staff will update court ruling in the system (e.g. dismissal, fine increase/decrease,
additional court fees such as subpoena, court costs, etc.)
Correspondences (citizen questions, complaints, concerns, etc.)
Mail
Online
Walk-in
Refunds
Deposits/daily reconciliation
Reports
School Crossing Guard Program (monthly journal entry - $5 per paid citation)
Clerk of Court (journal entry for court-hearing fees @ $10 per hearing)
Clerk of Court Reimbursements (purchase order to reimburse Clerk’s office court fees
imposed by judge and added to citation amount)
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8579-14
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Engineering Department
Agenda Number: 5.5
SUBJECT/RECOMMENDATION:
Approve the request from the owner of property addressed at 1355 Union Street to vacate a
series of platted utility easements; and pass Ordinance 8579-14 on first reading
(VAC2014-02).
SUMMARY:
The owner of property located at 1355 Union Street is planning to construct new
improvements on a portion of his property encumbered by several five-foot wide utility
easements that were dedicated to the public when the subdivision was platted. A survey of
the property revealed that existing improvements also encroach into these easements. The
easement vacation, as proposed, would eliminate these encroachments.
The City’s Engineering, Public Utilities and Gas System departments have no plans to use
these easements. Staff has no objection to the request.
Duke Energy, Verizon, Bright House and WOW! (formally Knology) each have no objections
to the request.
Page 1 City of Clearwater Printed on 8/15/2014
Ordinance No.8579 -14
ORDINANCE NO. 8579-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING UTILITY EASEMENTS LOCATED
ALONG THE REAR FIVE FEET AND THE SIDE FIVE FEET
OF LOTS 3, 4, 5, 6 AND 7 OF BLOCK ”D” IN BROOK LAWN
SUBDIVISION, AS RECORDED IN THE PUBLIC
RECORDS OF PINELLAS COUNTY SUBDIVISION PLAT
BOOK 13, PAGE 59, LYING IN THE NORTHEAST ¼ OF
SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, owners of real property located in the City of Clearwater, have
requested that the City vacate the utility easements depicted in Exhibit A attached hereto;
and,
WHEREAS, the City Council finds that said easements are not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
UTILITY EASEMENTS LOCATED ALONG THE REAR FIVE FEET AND THE SIDE
FIVE FEET OF LOTS 3, 4, 5, 6 AND 7 OF BLOCK ”D” IN BROOKLAWN
SUBDIVISION, AS RECORDED IN THE PUBLIC RECORDS OF PINELLAS COUNTY
SUBDIVISION PLAT BOOK 13, PAGE 59, LYING IN THE NORTHEAST ¼ OF
SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST
are hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
Ordinance No.8579 -14
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED _________________________
______________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
______________________________ ______________________________
Camilo A. Soto Rosemarie Call
Assistant City Attorney City Clerk
Brooklawn
Subdivision
Plat Book 13,
Page 59
Block D
Lot 3 Lot 4Lot 2Lot 1
Lot 10
Lot 9
Lot 8
Lot 5
Lot 6
Lot 7
EASEMENTVACATION
BETTY LN
UNION ST
KINGS
HW
Y
DOUGLAS AVE
SUNSET POINT RD
OVERBROOK AVE
PALM ST
IDLEWILD DR
SANDY LN
PINELAND DR
SYLVAN DR
WILSON BLVD
SEDEEVA ST
MARY L RD
BROADWAY
IVA ST
BERMUDA ST
SPRINGTIME AVE
WOODLAWN TER
POINSETTA AVE
MARINE ST
S
T
E
V
E
N
S
O
N
A
V
E
ALP INE RD
CHENANG
O
AV
E
CHARLES ST
GRANADA ST
WASHINGTON AVE
HARBOR DR
VISTA WAY
COMMODORE ST
ALOHA LN
OTTEN ST
COLES RD
BYRAM DR
BARB
ARA AVE
SEDEEVA CIR
WILSON RD
BRO OK RD
JOEL LN
BARBARA LN
SHERIDAN RD
SUNNYDALE DR
JADE AVE
THE MALL
SPRING LN
THAMES LN
PORT WAY
CAROLYN LN
LANTANA AVE
HEAV EN S ENT L N
PLAZA DOLORES
OA
KDAL
E WAY
STARBOARD WAY
PINECREST WAY
SYLVA
N DR
SPRINGTIME AVE
STATE ST FREEDOM DR
FULLER DR
MACO
MBE
R AV
E
EVE
RGRE
EN AV
E
BERTLAND WAY
FULTON AVE
ROLLEN RD
ARBE LIA ST ARBELIA ST
CARDOVA LN
BENTLEY ST
CARLOS AVE
C
A
R
L
O
S
A
V
E
MARTIN LUTHER KING, JR. AVE
GRANADA ST
GRANADA ST WOODLAWN TER
WASHINGTON AVE
SPRING LN
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM CHL N.T.S.251B 03-29s-15e08/01/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Utility Easement VacationOrdinance 8579-141355 Union Street
Document Path: V:\GIS\Engineering\Location Maps\1355 Union Easement Vac.mxd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-303
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Provide direction on the proposed Development Agreement between Mainstream Partners
VIII, LTD. (the property owner) and the City of Clearwater, providing for the allocation of 100
units from the Hotel Density Reserve under Beach by Design and confirm a second public
hearing in City Council Chambers before City Council on August 20, 2014 at 6:00 p.m., or as
soon thereafter as may be heard. (HDA2013-08006; 405 Coronado Drive)
SUMMARY:
Site Location and Existing Conditions:
The 1.32-acre site is bound by Coronado Drive (west), Hamden Drive (east) 5th Street (north)
at the intersection Hamden Drive and Bayside Drive. The subject property is comprised of five
parcels with a frontage of approximately 400 feet along Coronado Drive and 175 feet of
frontage along Hamden Drive. The site is occupied by a parking lot along 5th Street (recently
constructed) and the Gulf Beach Inn (along Coronado Drive) a 22 unit overnight
accommodation use built in 1960 (according to Pinellas County Property Appraiser records ).
The subject property is zoned Tourist (T) District with an underlying Future Land Use Plan
(FLUP) category of Resort Facilities High (RFH). The subject property is also located within
the Small Motel District of Beach by Design.
Access to the site is generally provided by a drop curb along Fifth Street along the north side
of the site. Non-compliant parking is provided along Hamden Drive. These parking spaces
exist partially or wholly within and back out into the Hamden Drive right -of-way. The remaining
buildings are located along Coronado Drive.
The larger area is characterized by a variety of uses including overnight accommodation,
retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with
heights ranging from one to 15 stories. The immediate area is characterized by one to two
story hotels. A five -story attached dwelling is located at the northeast corner of Bayside Drive
and Hamden Drive. Detached dwellings are located farther along the length of Bayside Drive .
The properties located along Hamden Drive around which the subject site wraps are
developed with attached dwellings and overnight accommodation uses. The City ’s Beach
Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the
north of this site into a winding beachside promenade with lush landscaping, artistic touches
and clear views to Clearwater's award -winning beach and the water beyond. Coronado Drive
has largely been improved according to Beach by Design.
Development Proposal:
The owners propose to utilize the otherwise permitted density of 50 units per acre or 66 units
and incorporate an additional 100 units from the Hotel Density Reserve through Beach by
Design resulting in a total of 166 units (126 units per acre).
Page 1 City of Clearwater Printed on 8/15/2014
File Number: ID#14-303
The current proposal is to demolish all structures on the site and redevelop the site with a
166-unit overnight accommodation use (126 rooms per acre, including the allocation of 100
rooms from the Hotel Density Reserve). The building will be 100 feet (from Base Flood
Elevation) to flat roof with the parking on the first three levels. The proposal includes a
tropical modern architecture, which is consistent with and complements the tropical vernacular
envisioned in Beach by Design.
The site will be accessed via a two -way driveway at the southeast corner of the property which
will provide access to the parking garage component of the development. A one -way drop-off
is provided along the north side of the site along 5th Street. The entrance is located at the
northwest corner of the site and the drop-off exits into the parking garage driveway.
The northwest corner of the building at the ground floor will consist of retail space and the
lobby will be located at the north side of the building. As noted, the first three floors of the
building will contain a parking garage as well as miscellaneous back -of-house components
such as maintenance rooms and laundry facilities. The fourth floor will include a pool and pool
deck (over parking at the southwest quadrant of the building. The remainder of the floor will
be dedicated to dining, meeting space, exercise room, an upper lobby, six hotel rooms and
miscellaneous back-of-house components. Floors five through nine will be dedicated almost
entirely to hotel rooms (32 per floor).
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an Overnight
Accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The
subject property is 57,499 square feet in area and approximately 400 feet wide. The site is
consistent with these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of 15 feet along the front (north and east) along 5th
Street and Hamden Drive, respectively and 10 feet to building along all other remaining sides
of the site including along Coronado Drive. The proposed setbacks may be approved as part
of a Level One (FLS) application, subject to meeting the applicable flexibility criteria of the
Community Development Code.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically addresses height. The
proposal provides for a building 100 feet in height as measured from BFE where a height of
up to 100 feet is permitted as prescribed by the CDC (subject to meeting the applicable
flexibility criteria of the CDC and as approved as part of a Level II Flexible Development
application) and limited by Beach by Design,
This section also requires that portions of any structures which exceed 100 feet are spaced at
least 100 feet apart. This section also includes overall separation requirements for structures
over 100 feet in height as two options : (1) no more than two structures which exceed 100 feet
within 500 feet; or (2) no more than four structures which exceed 100 feet within 800 feet.
The proposal provides for a building which does not exceed 100 feet in height.
The height of the proposed building is consistent with the guidelines of Beach by Design.
Page 2 City of Clearwater Printed on 8/15/2014
File Number: ID#14-303
Minimum Off-Street Parking:
The 166-room overnight accommodation use requires a minimum of 199 off-street parking
spaces. A parking garage located on the first three levels of the building will provide 199
spaces. This is consistent with the applicable Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this time, the
conceptual landscape areas depicted on the site plan show that adequate spaces for
foundation landscaping will be provided along all sides of the building. Since no perimeter
landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet
or exceed what is required. It is noted, however, that flexibility may be requested /necessary
as part of a Comprehensive Landscape Program which would be reviewed at time of formal
site plan approval.
Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was conducted and the
proposed building does appear to be generally consistent with the applicable Design
Guidelines established in Beach by Design. It is noted, however, that a more formal review of
these Guidelines will need to be conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established within Beach by
Design concerning the allocation of hotel rooms from the Reserve. The project appears to be
generally consistent with those criteria, including that the development comply with the
Metropolitan Planning Organization ’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic Impact Study
concludes that traffic operations at nearby intersections and on adjacent roadways would
continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is consistent
with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in
Beach by Design. The proposed Development Agreement will be in effect for a period not to
exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density
Reserve under Beach by Design and includes the following main provisions:
§Provides for the allocation of 100 units from the Hotel Density Reserve;
§Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
§Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
§For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and
§Requires a legally enforceable mandatory evacuation /closure covenant that the hotel will
be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
Page 3 City of Clearwater Printed on 8/15/2014
File Number: ID#14-303
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual
consent of the parties, provided the notice and public hearing requirements of Section 4-206
are followed. Revisions to conceptual site plans and /or architectural elevations attached as
exhibits to this Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment to this
Development Agreement.
Page 4 City of Clearwater Printed on 8/15/2014
HDA2013-08006 405 Coronado Dr. (PARCEL C)
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
("AGREEMENT") is dated the _______ day of _______________, 2014, and entered into
between MAINSTREAM PARTNERS VIII, LTD., ("Developer"), its successors and
assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the
State of Florida acting through its City Council, the governing body thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a
special area plan for the revitalization of Clearwater Beach adopted under the provisions
of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled
Beach by Design; and
WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local
Government Development Agreement Act ("Act"), authorize the City to enter into
binding development agreements with persons having a legal or equitable interest in real
property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community, and further provided for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns 1.32 acres of real property ("Property") in the
corporate limits of the City, more particularly described on Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, the Developer desires to develop the Property by demolishing
existing hotel rooms and other uses in order to construct One Hundred Sixty-Six (166)
overnight accommodation units, meeting space for guest use, pool, new lobby and parking
with a minimum of 199 parking spaces (1.2 spaces/unit), generally conforming to the
architectural elevation dimensions shown in composite Exhibit “B” (collectively, the
improvements are the Project); and
WHEREAS, the Property has not previously acquired density from the Destination
Resort Density Pool; and
WHEREAS, upon completion the planned hotel will contain 166 overnight
accommodation units, which includes 100 units from the available Hotel Density Reserve
(“Reserve Units”); and
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and
any other applicable law; and
WHEREAS, the City has determined that, as of the date of this Agreement, the
proposed project is consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, at a duly noticed and convened public meeting on
, 2014, the City Council approved this Agreement and
authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act and Code, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of
this Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as of
the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
and is zoned Tourist (T).
3.2. The Property is owned in fee simple or under contract to be owned in fee
simple by the Developer.
3.3 The Property is generally located at 405 Coronado Drive, Clearwater, FL
33767, as further described in Exhibit “A”.
SECTION 4. Scope of Project.
4.1 The Project shall consist of 166 overnight accommodation units. Of the
166 overnight accommodation units, 100 units shall be from the Hotel Density Reserve.
4.2 The Project shall include a minimum of 199 parking spaces (1.2 spaces
per unit), as defined in the Code.
4.3 The design of the Project, as represented in Exhibit “B”, is consistent with
Beach by Design.
4.4 The density of the Project shall be 126 units per acre. In no instance shall
the density of a parcel of land exceed 150 units per acre. The height of the Project shall be
100 feet measured from Base Flood Elevation, as defined in the Code. The maximum
building heights of the various character districts cannot be increased to accommodate
hotel rooms allocated from the Hotel Density Reserve.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes
Section 163.3239 and Code Section 4-606.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect for ten (10) years unless earlier
terminated as set forth herein.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests or
assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall comply with
the Code applicable at the time of building permit review.
Property:
6.1.3 The following restrictions shall apply to development of the
6.1.3.1 To retain the grant of Reserve Units provided for herein,
the Property and improvements located thereon shall be developed in
substantial conformance with the Conceptual Site Plan attached as Exhibit
"B". Any modifications determined by the Community Development
Coordinator as either inconsistent with attached Exhibit “B” or
constituting a substantial deviation from attached Exhibit “B” shall
require an amendment to this Agreement in accordance with the procedures
of the Act and the Code, as necessary and applicable. Any and all such
approved and adopted amendments shall be recorded in the public records
of Pinellas County, Florida.
6.1.3.2 The Developer shall obtain appropriate site plan approval
pursuant to a Level One or Level Two development application within one
(1) year from the effective date of this Agreement in accordance with the
provisions of the Code, and shall then obtain appropriate permits and
certificates of occupancy in accordance with the provisions of the Code.
Nothing herein shall restrict Developer from seeking an extension of site
plan approval or other development orders pursuant to the Code or state
law. In the event that work is not commenced pursuant to issued permits,
or certificates of occupancy are not timely issued, the City may deny future
development approvals and/or certificates of occupancy for the Project,
and may terminate this Agreement in accordance with Section 10.
6.1.3.3 The Developer shall execute, prior to commencement of
construction, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C", stating that the accommodation use will close as soon
as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit
for the Project, the Developer hereby agrees to execute the covenant of unified use and
development for the Project Site providing that the Project Site shall be developed and
used as a single project, the form of which covenant is attached as Exhibit "D"; provided
however, that nothing shall preclude the Developer from selling all or a portion of the
Developer's Property in the event that Developer determines not to construct the Project.
It is understood and agreed that, in the event that the Developer enters into the anticipated
covenant of unified use and development, and the Developer elects not to construct the
Project and notifies the City of its election in writing, and, alternatively, as of the date of
expiration, termination or revocation no rights of Developer remain or will be exercised to
incorporate the Hotel Density Reserve Units into the Project, the City shall execute and
deliver to the Developer a termination of such covenant of unified use and development
suitable for recording in the Public Records of Pinellas County, Florida.
6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer
not timely constructed in conjunction with the Project shall be returned to the Hotel
Density Reserve and be unavailable to Developer for use on the Project.
6.1.6 Transient Use. A reservation system shall be required as an integral part
of the hotel use. There shall be a lobby/front desk area that must be operated as a typical
lobby/front desk area for a hotel would be operated. Access to all units must be
provided through a lobby and internal corridor. All units shall be available to the
public for overnight transient hotel occupancy at all times through the required hotel
reservation system. Occupancy in the hotel is limited to a term of less than one (1)
month or thirty-one (31) consecutive days, whichever is less. No unit in the hotel
shall be used as a primary or permanent residence.
6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as
that term is used in the definition of “dwelling unit” in the Code.
6.1.8 Inspection of Records. Developer shall make available for inspection to
authorized representatives of the City its books and records pertaining to each Hotel
Density Reserve unit upon reasonable notice to confirm compliance with these
regulations as allowed by general law.
6.1.9 Compliance with Design Guidelines. The Developer agrees to
comply with the Design Guidelines as set forth in Section VII. of Beach by Design.
6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no
outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or
after 12:00 a.m., midnight, on Friday and Saturday.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan
and the Concept Plan and that meet the requirements of the Code.
6.2.2 The final effectiveness of the applications referenced in
Section
6.2.1 is subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes,
as they may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is
filed, at the conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive
100 units from the Hotel Density Reserve as defined in Beach by Design,
contingent upon the provisions of Section 6.1.5.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
6
applicable at the time of development approval. The requirements for concurrency as set
forth in Article 4, Division 9, of the Code, have been satisfied.
7.1 Potable water is available from the City. The Developer shall
be responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall
be responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer
at the Developer's sole expense.
7.5 The Project shall comply with the Metropolitan Planning
Organization’s [MPO] or its successor’s countywide approach to the application of
concurrency management for transportation facilities, and the transportation analysis
conducted for the Project shall include the following:
• Recognition of standard data sources as established by the MPO;
• Identification of level of service (LOS) standards for state and county roads
as established by the MPO;
• Utilization of proportional fair-share requirements consistent with
Florida
Statutes and the MPO model ordinance;
• Utilization of the MPO Traffic Impact Study Methodology; and
• Recognition of the MPO designation of “Constrained Facilities” as set forth
in the most current MPO Annual Level of Service Report.
7.6 All improvements associated with the public facilities identified
in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate
of occupancy.
7.7 Developer agrees to provide a cashier’s check, a payment and
performance bond, or letter of credit in the amount of 115% of the estimated
costs of the public facilities and services, to be deposited with the City to secure
construction of any new public facilities and services required to be constructed by this
Agreement. Such construction shall be completed prior to issuance of a Certificate
of Occupancy for the Project.
SECTION 8. Required Local Government Approvals. The required
local government development approvals for development of the Property include,
without limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-
of- way utilization permits;
8.2 Construction plan approval(s);
7
8.3 Building permit(s);
8.4 Certificate(s) of occupancy; and
SECTION 9. Finding of Consistency. The City finds that development of
the Property is consistent with the terms of this Agreement and is consistent with the
City Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the
City Manager, after notice to the Developer and an opportunity to be heard, existing
permits shall be administratively suspended and issuance of new permits suspended
until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations
may serve as a basis for termination of this Agreement by the City, at the discretion
of the City and after notice to the Developer and an opportunity for the Developer to be
heard.
SECTION 11. Other Terms and Conditions. Except in the case of
termination, until ten (10) years after the date of this Agreement, the City may apply
laws and policies adopted subsequently to the Effective Date of this Agreement if the
City has held a public hearing and determined:
(a) They are not in conflict with the laws and policies governing the
Agreement and do not prevent development of the land
uses, intensities, or densities in the Agreement;
(b) They are essential to the public health, safety, or welfare, and
expressly state that they shall apply to a development that is subject
to a development agreement;
(c) They are specifically anticipated and provided for in this Agreement;
(d) The City demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of this
Agreement; or
(e) This Agreement is based on substantially inaccurate information
provided by the Developer
SECTION 12. Compliance with Law. The failure of this Agreement to
address any particular permit, condition, term or restriction shall not relieve the
Developer from the necessity of complying with the law governing such permitting
requirements, conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail,
return receipt requested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to the Developer: Mainstream Partners VIII, LTD.
8
10165 NW 19th
Street
Miami, FL 33172-
2529
With Copy to: Mr. Antonio Fernandez
Mainstream Partners VIII, LTD.
2552 22nd Ave.
St. Petersburg, FL
33713
If to City: City of Clearwater, City Attorney
ATTN: City Manager,
112 South Osceola
Avenue
Clearwater, FL
33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after
deposit with an overnight courier service for next day delivery, or on the third (3rd) day
following deposit in the United States mail, certified mail, return receipt requested. The
parties may change the addresses set forth above (including the addition of a mortgagee
to receive copies of all notices), by notice in accordance with this Section.
SECTION 14. Assignment
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell,
convey, assign or otherwise dispose of any or all of its right, title, interest and
obligations in and to the Project, or any part thereof, only with the prior written
notice to the City, provided that such party (hereinafter referred to as the
"assignee"), to the extent of the sale, conveyance, assignment or other
disposition by the Developer to the assignee, shall be bound by the terms of this
Agreement the same as the Developer for such part of the Project as is subject to
such sale, conveyance, assignment or other disposition.
14.1.2 If the assignee of the Developer’s right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer’s
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the
Developer to any corporation, limited partnership, limited liability company,
9
general partnership, or joint venture, in which the Developer (or an entity under
common control with Developer) has either the controlling interest or
through a joint venture or other arrangement shares equal management rights
and maintains such controlling interest or equal management rights shall not be
deemed an assignment or transfer subject to any restriction on or approvals of
assignments or transfers imposed by this Agreement, provided, however, that
notice of such assignment shall be given by the Developer to the City not less
than thirty (30) days prior to such assignment being effective and the assignee
shall be bound by the terms of this Agreement to the same extent as would the
Developer in the absence of such assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part
of the Developer's rights and obligations with respect to any one Parcel shall in
any way be obligated or responsible for any of the Developer's obligations with
respect to any other Parcel by virtue of this Agreement unless and until such
assignee, purchaser, sublessee or acquire has expressly assumed the Developer's
such other obligations.
14.2 Successors and Assigns. The terms herein contained shall bind and inure
to the benefit of the City, and its successors and assigns, and the Developer and,
as applicable to the parties comprising Developer, their personal representatives,
trustees, heirs, successors and assigns, except as may otherwise be specifically provided
herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed
to have failed to comply with the terms of this Agreement in the event such
noncompliance, in the judgment of the City Manager, reasonably exercised, is
of a minor or inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with
and deal with each other in good faith and assist each other in the performance
of the provisions of this Agreement and in achieving the completion of development of
the Property.
SECTION 17. Approvals. Whenever an approval or consent is required under
or contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested
and granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of
performance of this Agreement or its revocation or termination, a statement
evidencing such completion, revocation or termination shall be signed by the parties
hereto and recorded in the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as
10
if such Exhibits were set forth in full in the body of this Agreement), constitutes the
entire agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section,
subsection or provision of this Agreement. Whenever the context requires or permits,
the singular shall include the plural, and plural shall include the singular and any
reference in this Agreement to the Developer includes the Developer's successors or
assigns. This Agreement was the production of negotiations between representatives
for the City and the Developer and the language of the Agreement should be given its
plain and ordinary meaning and should not be strictly construed against any party
hereto based upon draftsmanship. If any term or provision of this Agreement is
susceptible to more than one interpretation, one or more of which render it valid and
enforceable, and one or more of which would render it invalid or unenforceable, such
term or provision shall be construed in a manner that would render it valid and
enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement
or the application thereof to any person or circumstance is declared invalid or
unenforceable, the remainder of this Agreement, including any valid portion of the
invalid term or provision and the application of such invalid term or provision to
circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected thereby and shall with the remainder of this Agreement continue
unmodified and in full force and effect. Notwithstanding the foregoing, if such
responsibilities of any party hereto, to the extent that the purpose of this Agreement or
the benefits sought to be received hereunder are frustrated, such party shall have the
right to terminate this Agreement upon fifteen (15) days written notice to the other
parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and
codes of the City which are of general application not governing the development of
land shall be applicable to the Property, and such modifications are specifically
anticipated in this Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida.
SECTION 24. Counterparts. This Agreement may be executed in
counterparts, all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City and the Developer so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement
the date and year first above written.
11
In the Presence of: MAINSTREAM PARTNERS VIII, LTD.,
a Florida limited partnership
BY: MAINSTREAM GP, LLC,
its General Partner
BY: EDWARD W. EASTON & COMPANY,
INC., it Managing Member
________________________________ By: ________________________________
Print Name_______________________ Edward W. Easton, President
_________________________________
Print Name________________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
_______________________________ By:
Print Name: ______________________ William B Home II,
City Manager
________________________________
Print Name_______________________
As to “City”
Attest:
__________________________________
Rosemarie Call, CMC, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
__________________________________
Assistant City Attorney
12
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this ___ day of
_____________, 2014, by Edward W. Easton, as President of Edward W. Easton &
Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a
Florida limited liability company, as General Partner of Mainstream Partners VIII, LTD a
Florida limited partnership, on behalf of the aforesaid entities. He is [ ] personally known
to me or has [ ] produced _____________________________ as identification.
_________________________________
Print: ____________________________
Notary Public – State of Florida
My Commission Expires:
13
EXHIBIT “A”
PROJECT LEGAL DESCRIPTION
Parcel 5: Lot 1, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida
Parcel 6: Lots 11 and 12, Columbia Subdivision No. 4, According to the plat thereof as
recorded in Plat Book 27, page 50, of the Public Records of Pinellas County, Florida; also,
beginning at the intersection of the high water mark of the Gulf of Mexico and the East and
West center line of Section 8, Township 29 South, Range 15 East; and run thence East
along the East and West Center line of said Section 8, 164.38 feet; thence South 1,573.94
feet; thence South 77°25'30" East, 280 feet for a point of beginning; thence South
77°25'30" East, 10 feet; thence South 12°34'30" West, 50.87 feet; Thence North 77°25'30"
West, 10 feet; Thence North 12°34'30" East, 50.87 feet to a point of beginning, otherwise
described as Lot 1-A of Columbia Subdivision No. 5, According to the plat thereof as
recorded in Plat Book 31, page 16, of the Public Records of Pinellas County, Florida.
Parcel 7: Lot 2, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 8: Parcel 5: Lots 5 and 6, Columbia Subdivision No. 4, According to the plat thereof
as recorded in Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 9: Lots 3 and 4, Columbia Subdivision No. 4, According to the plat thereof as
recorded in Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Containing 1.32 Acres, more or less.
14
EXHIBIT “B”
Conceptual Site Plans and Elevations
15
EXHIBIT “C”
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the day of , 2014, by MAINSTREAM PARTNERS
VIII, LTD., a Florida limited liability company ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of
Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater
Beach as a Community Redevelopment District pursuant to the Pinellas County Planning
Council Rules in order to implement the provisions of Beach by Design, a plan for the
revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall
be closed and all Guests evacuated from such hotels as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a
hurricane evacuation would be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resolution , passed and approved on
, 2014, Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to
be observed and performed, and in further consideration of the allocation of Hotel Density
Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Developer and its successors and assigns and shall be enforceable by them and also for
16
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with the
provisions of this Declaration.
2.1 Use. The use of the hotel on the Real Property is restricted as follows:
2.1.1 166 units, 100 of which are units allocated to Developer from the
Hotel Density Reserve, shall be used solely for transient occupancy of
one month or thirty-one (31) consecutive days or less, must be licensed as a
public lodging establishment and classified as a hotel, and must be operated
by a single licensed operator of the hotel. No unit shall be used as a
primary or permanent residence. Access to the units must be provided
through a lobby and internal corridor. A reservation system shall be
required as an integral part of the hotel use and there shall be a lobby/front
desk area that must be operated as a typical lobby/front desk area for a
hotel would be operated. All units shall be required to be submitted to a
rental program requiring the units to be available for members of the public
as overnight hotel guests on a transient basis at all times. No unit shall
have a complete kitchen facility as that term is used in the definition of
“dwelling unit” in the Code. Developer shall make available for inspection
to authorized representatives of the City its books and records
pertaining to each unit upon reasonable notice to confirm compliance with
these regulations as allowed by general law. The Developer agrees to
comply with the Design Guidelines as set forth in Section VII of Beach by
Design.
2.1.2 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel”, and "operator" shall have the meaning given to
such terms in Florida Statutes Chapter 509, Part I.
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the
National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and security personnel required to protect
the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation
provisions of this Declaration shall be governed by the level of warning employed by the
National Hurricane Center which precedes the issuance of a forecast of probable landfall in order
to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of
a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all building
permits required to build the project ("Project") and Developer's commencement of construction of the
Project, as evidenced by a Notice of Commencement for the Project. This Declaration shall expire and
terminate automatically if and when the allocation of Reserve Units to the Developer expires or is
terminated.
4 Governing Law. This Declaration shall be construed in accordance with and governed
by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real Property
with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is
necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief,
whether by agreement of the parties or through order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any extent to be
invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion
thereof to any person or circumstance, shall not be affected thereby, and each and every other
provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this ___
day of ______________, 2014.
In the Presence of: MAINSTREAM PARTNERS VIII, LTD.,
a Florida limited partnership
BY: MAINSTREAM GP, LLC,
its General Partner
BY: EDWARD W. EASTON & COMPANY, INC.,
its Managing Member
________________________________ By: ________________________________
Print Name_______________________ Edward W. Easton, President
_________________________________
Print Name________________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
_______________________________ By:
Print Name: ______________________ William B Home II,
City Manager
________________________________
Print Name_______________________
As to “City”
Attest:
__________________________________
Rosemarie Call, CMC, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
__________________________________
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this ___ day of _____________,
2014, by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida
corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liability company, as
General Partner of Mainstream Partners VIII, LTD, a Florida limited partnership, on behalf of the
aforesaid entities. He is [ ] personally known to me.
Print:
Notary Public – State of Florida
My Commission Expires:
SCHEDULE A
Parcel 5: Lot 1, Columbia Subdivision No. 4, According to the plat thereof as recorded in Plat
Book 27, page 50, of the Public Records of Pinellas County, Florida
Parcel 6: Lots 11 and 12, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida; also, beginning at the
intersection of the high water mark of the Gulf of Mexico and the East and West center line of
Section 8, Township 29 South, Range 15 East; and run thence East along the East and West
Center line of said Section 8, 164.38 feet; thence South 1,573.94 feet; thence South 77°25'30"
East, 280 feet for a point of beginning; thence South 77°25'30" East, 10 feet; thence South
12°34'30" West, 50.87 feet; Thence North 77°25'30" West, 10 feet; Thence North 12°34'30" East,
50.87 feet to a point of beginning, otherwise described as Lot 1-A of Columbia Subdivision No. 5,
According to the plat thereof as recorded in Plat Book 31, page 16, of the Public Records of
Pinellas County, Florida.
Parcel 7: Lot 2, Columbia Subdivision No. 4, According to the plat thereof as recorded in Plat
Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 8: Parcel 5: Lots 5 and 6, Columbia Subdivision No. 4, According to the plat thereof as
recorded in Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 9: Lots 3 and 4, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Containing 1.32 Acres, more or less.
EXHIBIT “D”
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this ____ day of _______,
2014, by (“Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule
"A" attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain
Hotel Density Reserve Development Agreement dated the ____ day of _________, 2014
("Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the
Real Property a hotel project as described in the Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as
more particularly described in this Covenant.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer
does hereby agree that, effective as of the date on which Developer receives all permits required to
construct the Project and Developer commences construction thereof, as evidenced by a Notice of
Commencement for the Project, the Real Property shall be developed and operated as a limited-service
hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall
expire automatically when and if Developer's allocation of additional hotel units (as defined in the
Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the
Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to
the Real Property or any portion or portions thereof to unrelated third-parties. Developer agrees that the
City shall have the right to enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _____
day of ______________, 2014.
In the Presence of: MAINSTREAM PARTNERS VIII, LTD.,
a Florida limited partnership
BY: MAINSTREAM GP, LLC,
its General Partner
BY: EDWARD W. EASTON & COMPANY, INC.,
its Managing Member
________________________________ By: ________________________________
Print Name_______________________ Edward W. Easton, President
_________________________________
Print Name________________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
_______________________________ By:
Print Name: ______________________ William B Home II,
City Manager
________________________________
Print Name_______________________
As to “City”
Attest:
__________________________________
Rosemarie Call, CMC, City Clerk
Countersigned:
__________________________________
George N. Cretekos, Mayor
Approved as to Form:
__________________________________
__________________________________
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this ___ day of _____________,
2014, by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida
corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liability company, as
General Partner of Mainstream Partners VIII, LTD a Florida limited partnership, on behalf of the
aforesaid entities. He is [ ] personally known to me.
_________________________________
Print: ____________________________
Notary Public – State of Florida
My Commission Expires:
SCHEDULE A
Parcel 5: Lot 1, Columbia Subdivision No. 4, According to the plat thereof as recorded in Plat
Book 27, page 50, of the Public Records of Pinellas County, Florida
Parcel 6: Lots 11 and 12, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida; also, beginning at the
intersection of the high water mark of the Gulf of Mexico and the East and West center line of
Section 8, Township 29 South, Range 15 East; and run thence East along the East and West
Center line of said Section 8, 164.38 feet; thence South 1,573.94 feet; thence South 77°25'30"
East, 280 feet for a point of beginning; thence South 77°25'30" East, 10 feet; thence South
12°34'30" West, 50.87 feet; Thence North 77°25'30" West, 10 feet; Thence North 12°34'30" East,
50.87 feet to a point of beginning, otherwise described as Lot 1-A of Columbia Subdivision No. 5,
According to the plat thereof as recorded in Plat Book 31, page 16, of the Public Records of
Pinellas County, Florida.
Parcel 7: Lot 2, Columbia Subdivision No. 4, According to the plat thereof as recorded in Plat
Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 8: Parcel 5: Lots 5 and 6, Columbia Subdivision No. 4, According to the plat thereof as
recorded in Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Parcel 9: Lots 3 and 4, Columbia Subdivision No. 4, According to the plat thereof as recorded in
Plat Book 27, page 50, of the Public Records of Pinellas County, Florida.
Containing 1.32 Acres, more or less.
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SETBACK
7
5
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7
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81'-3"18'-0"5'-0"
5'-0"
10'-7"
5'
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8
"
14
'
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9
"
30
'
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6
"
14
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8
"
72
'
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9
"
10
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0
"
10'-0"
10'-0"10'-0"
10'-5"
15
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6
"
64
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1
0
"
14
'
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4
"
24'-0"
25
'
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0
"
38'-10"
5'-0"9'-5"128'-6"6'-0"29'-6"16'-2"
16'-2"88'-10"
24
'
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1
1
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22
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0
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2'-0"
26'-0"HC
120' STEPBACK AT 20'ABOVE BFE 10' SETBACK
20
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1
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1
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70
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9
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16'-5"16'-7"21'-7"
22'-9"
26'-3"
23'-11"
27'-1"
26'-9"
22'-0"
30'-4"STAIR C 22'-11"
CLEARWATER, FL
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FIFTH STREET
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24
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24'-0"
7
5
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7
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81'-2"
5'
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8
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14
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9
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30
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6
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14
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8
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37
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0
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82
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8
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15
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6
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64
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1
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39'-0"
5'-0"9'-5"128'-6"6'-0"29'-6"16'-2"
16'-2"88'-10"
ST
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20' STEPBACK AT 20'ABOVE BFE 10' SETBACK
20
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CLEARWATER, FL
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LI
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81'-1"
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14
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9
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30
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6
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14
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8
"
72
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9
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22
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0
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80
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4
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14
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4
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39'-2"
5'-0"17'-8"60'-11"39'-1"55'-9"16'-2"
88'-9"
ST
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26'-0"
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20
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CLEARWATER, FL
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14
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45
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5'-4"30'-11"42'-8"90'-9"5'-0"
22
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15
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14
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5'-0"62'-7"31'-7"
19
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43
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32
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20' STEPBACK AT 20'ABOVE BFE 10' SETBACK
20
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14
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8
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30
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14
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6'-6"59'-10"7'-8"
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45
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5'-4"30'-11"42'-8"90'-9"5'-0"
15
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22
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GLASS RAILINGSYSTEMGARAGE OPENINGSPROTECTED BYBARRIER WALLPRE-FINISHEDALUMINUMBAHAMA SHUTTERS
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14'-0"10'-0"10'-0"14'-0"10'-8"10'-8"10'-8"11'-8"13'-4"12'-0"4'-6"100'-0"BASE FLOOD12'-0" NAVD LEVEL TWOEL.= +14'-0"LEVEL THREEEL.= +24'-0"LEVEL FOUREL.= +34'-0"LEVEL FIVEEL.= +48'-0"LEVEL SIXEL.= +58'-8"LEVEL SEVENEL.= +69'-4"LEVEL EIGHTEL.= +80'-0"LEVEL NINEEL.= +91'-8"MAIN ROOFEL.= +102'-0"LEVEL ONEEL.= +0'-0"TOP OF STAIR TOWEREL.= +114'-0"
2
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HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
1
Attachment C
Beach by Design Criteria
A. Density:
DESIGN RESPONSE:
The project will maintain an overnight accommodation density of 126 units per
acre based on a 1.32 acre parcel. This includes 66 base density units plus 100
additional units requested from the Hotel Density Reserve via a Development
Agreement. The total number of units proposed for overnight accommodations is
166
B. Height & Separation:
DESIGN RESPONSE:
The highest base flood elevation on site is (AE) 12 feet. The maximum allowable
building height is 100’-0” above the base flood elevation. The proposed building
height is 100’-0” above the base flood elevation, to top of roof, and 112’-0” to top
of roof top mechanical and stair towers.
C. Design, Scale and Mass of Building:
1. Buildings with a footprint of greater than 5000 square feet or a single
dimension of greater than one hundred (100) feet will be constructed so
that no more than two (2) of the three (3) building dimensions in the
vertical or horizontal planes are equal in length. For this purpose, equal
in length means that the two lengths vary by less than forty (40%) of the
shorter of the two (2) lengths. The horizontal plan measurements relate
to the footprint of the building.
DESIGN RESPONSE:
The massing of the proposed building is comprised of an “L” shaped tower with
each leg approximately 65’ wide by 160’ long and 70’ tall, sitting on a 3-story 30’
tall parking base, and intersecting at the corner of 5th and Coronado. The 3-story
parking garage extends southward along Coronado Dr. 180+ feet beyond the end
of the residential portion of the building.
The intent of this portion of Beach by Design is to avoid boxy static building
designs; this building incorporates significant movement and massing articulation
and provides for a varied and energetic massing design.
See attached plans and elevations,
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
2
2. No plane of a building may continue uninterrupted for greater than one
hundred linear feet (100’). For the purpose of this standard, interrupted
means an offset of greater than five feet (5’).
DESIGN RESPONSE:
The proposed building design adds many horizontal steps to three of the building
facades such that no one surface is longer than 100 feet without a break in the
façade. See attached plans and elevations; there is an exception to this for the
southern parking ramp, located on the interior of the site.
The ramps are longer than 100 feet and notching the building is not practical
given the narrow dimension of the property and our desire to maintain the
recommended 10 ‘ side yard setback. Adding a building offset at this façade
would either reduce the side setback to 5’ or reduce the parking on each of the
parking levels and require an additional level of parking and a taller garage
podium. The 140’ long section occurs on an interior, secondary façade of the
building.
We visually broke up the length of this one area of the building with articulated
openings and decorative concrete wall panels. This portion of the building is also
the lowest, at 30’, and least imposing on the surrounding properties.
The Coronado and Hamden stepback guidelines, all but, necessitate a maximum
three story parking structure to achieve the 20 foot stepback at the 20 foot height.
3. At least sixty percent (60%) of any elevation will be covered with
windows or architectural decoration. For the purpose of this standard,
an elevation is that portion of a building that is visible from a particular
point outside the parcel proposed for development.
DESIGN RESPONSE:
In the proposed elevation design, a significant portion of each façade is
composed of windows, balconies, green screens and articulated façade elements.
The result is that over 60% of each façade is covered in windows and/or
architectural decoration.
See attached plans and elevations
4. No more than sixty percent (60%) of the theoretical maximum building
envelope located above forty-five feet (45’) will be occupied by a
building. However, in those instances where an overnight
accommodations use on less than 2.0 acres that has been allocated
additional density via the Hotel Density Reserve, no more than seventy-
five percent (75%) of the theoretical maximum building envelope located
above forty-five feet (45’) may be occupied by a building unless the
property is located between Gulfview Boulevard and the Gulf of Mexico,
then no more than 70% may be occupied by a building.
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
3
DESIGN RESPONSE:
The proposed design occupies approximately 56% of the “Theoretical Building
Envelope” above 45’. This is significantly less than the allowable 75%.
5. The height and mass of buildings will be correlated to: (1) the
dimensional aspects of the parcel of the parcel proposed for
development and (2) adjacent public spaces such as streets and parks.
DESIGN RESPONSE:
The building height is maintained at 100’, as dictated in Beach by Design. The
height and mass of the building meets the design standards of Beach by Design.
The massing of the building allows for landscape buffer areas of 15 feet on
Hamden Dr., 15’ along 5th Street, and 10’ to 20’ along Coronado Dr. In addition to
the greenspace surrounding the building the landscape design concept calls for
10’ wide public sidewalks, hardscape plazas at the hotel entry and hotel retail
entry.
See attached plans and elevations,
6. Buildings may be designed for a vertical or horizontal mix of permitting
uses.
DESIGN RESPONSE:
The building will be designed to provide the dining, hotel related retail, and a mix
of overnight accommodation space, typical for a limited service hotel. The
proposed hotel retail and restaurant uses are intended strictly as accessory uses,
to support the needs of hotel guests, and are within the allowable 15% of Gross
Floor Area accessory allowance.
D. Setbacks & Stepbacks:
1. Rights-of-way.
The area between the building and the edge of the pavement as existing
and planned should be sufficiently wide to create a pedestrian-friendly
environment. The distances from structures to the edge of the right-of-way
should be:
DESIGN RESPONSE:
a) Fifteen feet (15') along arterials, and (Proposed 10.00’ to 20’ on Coronado
Drive) and 15’ on Hamden Drive. Hamden and Coronado both have a 60’
wide ROW. The 15’ setback on Hamden is prescribed in BbD, and along
with the 15’ setback gives nearly 30’ buffer from the building to the curb.
Along Coronado Dr. we are requesting a minimum 10’ setback. This
setback occurs only in a few locations, given the curve on Coronado. The
building average setback on Coronado is approximately 17 feet.
b) Twelve feet (12') along local streets. (Proposed 15.00’ on 5th Street)
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
4
The 5th Street setback is greater than the 12’ setback prescribed in BbD.
This façade also mirrors the 15’ setback on Parcel B, giving a 90’ building
separation at the first three floors and increasing to nearly 105 feet at the
tower elevations.
2. Side and Rear Setbacks
Side and rear setbacks shall be governed by the provisions of the Tourist
District of the Community Development Code unless otherwise prescribed
in the applicable Character District provisions contained in Section II.,
Future Land Use.
DESIGN RESPONSE:
10’ setback proposed.
3. Coronado Drive Setbacks and Stepbacks.
To reduce upper story massing along the street and ensure a human scale
street environment, buildings using the hotel density reserve along
Coronado Drive and Hamden Drives shall be constructed in accordance
with the following:
a. Buildings constructed with a front setback of
fifteen feet (15’) or more shall stepback with a
minimum depth of fifteen feet (15’) from the
setback line at a height not more than twenty-five
feet (25’).
DESIGN RESPONSE:
Along Hamden Drive, the proposed building is setback back 15’ from the ROW
line and has an additional 15’ stepback at 20’ (above BFE) for 100% of the
building frontage. Please see Elevations, plans, and isometric massing study.
b. Buildings constructed with a front setback greater
than or equal to ten feet (10’) and less than fifteen
feet (15’) shall stepback at a height not more than
twenty feet (20’). The required stepback/ setback
ratio is one and one-half feet (1.5’) for every one
foot (1’) reduction in setback in addition to the
minimum stepback of fifteen feet (15’).
DESIGN RESPONSE:
Along Coronado Drive, the proposed building has a minimum setback of 10’ and
correspondingly the building is stepped back an additional 20’ at the requisite 20’
height (above BFE) for approximately 76% of the building frontage. (75%
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
5
minimum is prescribed under Beach by Design.) Please see Elevations, plans,
and isometric massing study.
As described above, the 3 story garage extends nearly 180 feet beyond the hotel
proper, along Coronado Dr. While the design proposes to step the main
structure of the building at the 20’ height, as required by Beach by Design, we
are proposing to add some architectural embellishments, greenscreens, which
extend 8’ above the required 20’ cutoff. The green screens serve to break up the
long horizontal mass of the building, create a more varied, softer pedestrian
experience, and shield a portion of the exposed parking; exposed because of the
stepback requirements.
c. Buildings constructed with a front setback of less
than ten feet (10’) shall provide a building stepback
required stepback/ setback ratio is two and one-half
feet (2.5’) for every one foot (1’) reduction in setback in addition to the
minimum stepback of fifteen feet (15’).
DESIGN RESPONSE:
N/A
d. To achieve upper story facade variety and
articulation, additional stepbacks may be required.
To avoid a monotonous streetscape, a building
shall not replicate the stepback configuration of the
neighboring buildings including those across
rights-of-way.
DESIGN RESPONSE:
The neighboring buildings along Coronado Drive are low rise buildings and
the proposed design does not mimic or mirror the existing buildings.
e. Required stepbacks shall span a minimum of 75%
of the building frontage width.
DESIGN RESPONSE:
The required stepbacks span approximately 76% of the building frontage along
Coronado Drive and 100% on Hamden Drive. The proposed design brings
certain appropriate and reasonable portions of the building forward to create
appropriate mass, presence and a sense of entry along Coronado and Hamden
Drives.
E. Street-Level Facades
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
6
The human scale and aesthetic appeal of street-level
facades, and their relationship to the sidewalk, are essential to a
pedestrian-friendly environment. Accordingly:
1. at least sixty percent (60%) of the street level facades of
buildings used for nonresidential purposes which abut a
public street or pedestrian access way, will be transparent.
For the purpose of this standard:
a) street level facade means that portion of a building
facade from ground level to a height of twelve feet
(12')
DESIGN RESPONSE:
At least 60% of the street level facades are transparent. The facades include
significant amount of glazed storefront at the building entry and accessory
spaces on Coronado and 5th, as well as the Porte Cochere and building entrance
on 5th, and along Hamden Drive the view into the garage is decoratively
screened with metal green screening. Additionally, as defined below, the
buildings are setback approximately 15 feet or more from all three street front
facades, so the streetscapes are effectively 100% transparent. See attached
plans and elevations,
b) transparent means windows or doors that allow pedestrians to see
into:
i. the building, or
ii. landscaped or hardscaped courtyard or plazas,
where street level facades are set back at least
fifteen feet (15') from the edge of the sidewalk
and the area between the sidewalk and the
facade is a landscaped or hardscaped courtyard
DESIGN RESPONSE:
The buildings step back 15 feet or more from all three street front facades, so the
streetscapes are effectively 100% transparent. See attached plans and
elevations,
c) parking structures should utilize architectural
details and design elements such a false recessed
windows, arches, planter boxes, metal grillwork,
etc. instead of transparent alternatives. When a
parking garage abuts a public road or other public
place, it will be designed such that the function of
the building is not readily apparent except at points
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
7
of ingress and egress.
DESIGN RESPONSE:
The design proposes decoratively screened and articulated garage openings on
the first two levels. At the third level we propose undecorated garage openings,
however, the openings will still be modulated to coordinate with the general
rhythm and pattern of the other building façade openings and windows. The
openings in the parking area at the 4th floor level is pulled back minimally 15 feet
from the face of the building, effectively hiding the openings from pedestrian and
higher levels.
See attached plans and elevations,
2. Window coverings, and other opaque materials may cover
not more than 10% of the area of any street-level window
in a nonresidential building that fronts on a public right-of way.
DESIGN RESPONSE:
Not more than 10% of the area of any street-level windows are opaqued,
3. Building entrances should be aesthetically inviting and
easily identified. Goods for sale will not be displayed outside of a building,
except
as a permitted temporary use. This standard does not
apply to outdoor food service establishments.
DESIGN RESPONSE:
Acknowledged,
4. Awnings and other structures that offer pedestrians cover
from the elements are recommended. Awnings help define
entryways and provide storefront identity to both
pedestrians and drivers.
DESIGN RESPONSE:
The design proposes cantilevered awnings and canopies along the Coronado
hotel entry and accessory area facades as well as a significant canopy over the
Porte Cochere on 5th Street. These façade articulations will serve to identify the
available hotel activity areas and entrances.
See attached plans and elevations
F. Parking Areas
To create a well-defined and aesthetically appealing street
boundary, all parking areas will be separated from public rights of
way by a landscaped decorative wall, fence or other opaque
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
8
landscape treatment of not less than three feet (3’) and not more
than three and one-half feet (3½’) in height. Surface parking areas
that are visible from public streets or other public places will be
landscaped such that the parking areas are defined more by their
landscaping materials than their paved areas when viewed from
adjacent property. The use of shade trees is encouraged in parking lots.
However, care should be taken to choose trees that do not drop excessive
amounts of leaves, flowers, or seeds on the vehicles below. Entrances to
parking areas should be clearly marked in order to avoid confusion and
minimize automobile-pedestrian
conflicts. Attractive signage and changes to the texture of the road (such
as pavers) are recommended. When a parking garage abuts a public road
or other public place, it will be designed such that the function of the
building is
not readily apparent except at points of ingress and egress.
DESIGN RESPONSE:
The design proposes decoratively screened and articulated garage openings on
the first two levels. At the third level we propose undecorated garage openings,
however, the openings will still be modulated to coordinate with the general
rhythm and pattern of the other building façade openings and windows. The
openings in the parking area at the 4th floor level is pulled back minimally 15 feet
from the face of the building, effectively hiding the openings from pedestrian and
higher levels.
See attached plans and elevations,
G. Signage
Signage is an important contributor to the overall character
of a place. However, few general rules apply to signage.
Generally, signage should be creative, unique, simple, and
discrete. Blade signs, banners and sandwich boards should not be
discouraged, but signs placed on the sidewalk should not obstruct
pedestrian traffic.
DESIGN RESPONSE:
Signage shall be designed per code and submitted for approval along with the
building permit.
H. Sidewalks
Sidewalks along arterials and retail streets should be at
least ten feet (10’) in width. All sidewalks along arterials and
retail streets will be landscaped with palm trees, spaced to a
maximum of thirty-five feet (35') on centers, with “clear grey” of
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
9
not less than eight feet (8'). Acceptable palm trees include sabal
palms (sabal palmetto), medjool palms (phoenix dactylifera
‘medjool’), and canary island date palms (phoenix canariensis).
Sidewalks along side streets will be landscaped with palms (clear
trunk of not less than eight feet (8')) or shade trees, spaced at
maximum intervals of thirty-five feet (35') on centers.
Portions of required sidewalks may be improved for nonpedestrian
purposes including outdoor dining and landscape material, provided that:
1. movement of pedestrians along the sidewalk is not
obstructed; and
2. on-pedestrian improvements and uses are located on the
street side of the sidewalk. Distinctive paving patterns should be used to
separate
permanent sidewalk café improvements from the pedestrian space on the
sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving
should also be used to mark crosswalks.
DESIGN RESPONSE:
Sidewalks are minimally 10’ wide. Landscaping shall be designed per code and
shall be submitted for approval at DRC application.
I. Street Furniture and Bicycle Racks
Street furniture, including benches and trash receptacles
should be liberally placed along the sidewalks, at intervals no
greater than thirty linear feet (30') of sidewalk. Bicycle racks
should also be provided, especially near popular destinations, to
promote transportation alternatives. Complicated bicycle rack
systems should be avoided. The placement of street furniture and
bicycle racks should not interrupt pedestrian traffic on the
sidewalk.
DESIGN RESPONSE:
Street Benches and trash receptacles area proposed along Coronado Drive and
shall be designed per code and submitted for approval at building permit..
J. Street Lighting
Street lighting should respond to the pedestrian-oriented
nature of a tourist destination. In this context, it should balance
the functional with the attractive – providing adequate light to
vehicular traffic, while simultaneously creating intimate spaces
along the sidewalks. Clearwater’s historic lighting is an attractive,
single-globe fixture atop a cast-iron pole.
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
10
DESIGN RESPONSE:
Street lighting, it has not been decided if lighting is to be provided, if the
ownership determines that they wish to provide street lighting, it shall be
designed per code and submitted for approval at building permit.
K. Fountains
Fountains provide attractive focal points to public spaces
and add natural elements to urban environments. They should be
interesting, engaging and unique. While it is important not to
overburden architectural creativity regarding fountains, they
should meet at least the following standards in order to be a
functional and attractive component of the public space:
1. They should be supplemented with street furniture such as
benches and trash receptacles, and
2. They should have rims that are:
a. Tall enough to limit unsupervised access by small
children, and
b. Wide enough to permit seating.
Fountains should be encouraged in landscaped and
hardscaped courtyards and plazas.
DESIGN RESPONSE:
There are no fountains planned for the property, at this time.
L. Materials and Colors
1. Facades
Finish materials and building colors will reflect Florida or
coastal vernacular themes. All awnings should contain at
least three (3) distinct colors. Bright colors will be limited
to trims and other accents. Glass curtain walls are prohibited.
DESIGN RESPONSE:
The design is primarily white stucco with pale blue and blue-gray surfaces. All
colors are anticipated to follow the BbD color palate.
2. Sidewalks
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
11
Sidewalks will be constructed of:
a. Pavers;
b. Patterned, distressed, or special aggregate concrete;
or
c. Other finished treatment that distinguishes the
sidewalks from typical suburban concrete sidewalks.
Materials should be chosen to minimize the cost and complexity
of maintenance.
DESIGN RESPONSE:
Proposed sidewalks will be designed using several coordinating paver styles as
well as concrete.
3. Street Furniture
Street furniture will be constructed of low-maintenance
materials, and will be in a color that is compatible with its
surroundings.
DESIGN RESPONSE:
Concrete street benches are being proposed along Coronado Drive. Designs
shall be coordinated with City staff.
4. Color Palette
A recommended palette for building colors is presented
on the following page.
DESIGN RESPONSE:
The building shall utilize the BbD color palates.
UPDATED 07-24-14
Address of Receiving Property Hotel Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre Rooms Allowed by
Base Density
CDB
Recommendation CC Approval Status Expiration Date Case Number Planner Notes
101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Approved/Constructed Constructed FLD2009-03013 / DVA2009-00001 W. Wells
619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Approved/Constructed Constructed FLD2008-12033 / DVA2008-00002 W. Wells reduced number of allocated rooms from 68 to 42 as a minor revision on July 6, 2011
300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 Approved 11/17/2014 FLD2009-08026 / DVA2009-00002 W. Wells
316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 Approved 11/17/2014 FLD2009-08027 / DVA2009-00003 W. Wells
40 Devon Drive (Sea Captain)53 85 0.66 128.98 32.00 5/21/2013 1/13/2011 Approved 5/21/2015 FLD2013-02007 / DVA2010-08001A M.Jackson one year time extension granted - DOfor FLD2013-02007 expires 05-21-15
443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 Approved 09-16-14/2014 FLD2012-03008/DVA2012-03001 M. Jacksonone year time extension granted - DOfor FLD2012-03008 expires 09-16-14
650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 Approved 6/23/2015 FLS2013-02006 / DVA2013-02001 K.
Nurnburger
655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)80 171 1.44 119.00 71 5/21/2013 6/19/2013 Approved 4/16/2015 FLD2013-03011 / DVA2013-03001 K.
Nurnburger Came in for additional site plan approval and a revision to the HDA - see FLD2014-03007/HDA2014-02001
691 S. Gulfview Boulevard (the Views)92 202 1.34 150.75 67 N/A 10/16/2013 Approved 12/17/2015 HDA2013-08001/FLD2013-08028 K.
Nurnburger
325 South Gulfview Boulevard 100 180 1.60 112.50 80 N/A 6/4/2014 Approved 6/4/2015 HDA2013-08004 (no HDA2013-08002
or 08003)M. Parry
353 Coronado Drive 96 158 0.962 164.24 48 N/A 6/19/2014 Approved 6/19/2015 HDA2013-08005 M. Parry
405 Coronado Drive 100 164 1.32 124.24 66 N/A PENDING PENDING pending City
Council review HDA2013-08006 M. Parry Scheduled CC 1st Reading: 08-07-14 and 2nd Reading: 08-20-14
625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 Approved
11/20/2015 - date
to obtain building
permit
HDA2013-08007 M. Parry The maximum amount of units allotted is 69 although as few as 39 may be used. It is possible that 30 units may be
returned to the Reserve. Term. Of Status for density approved October 15, 2013, see FLD2013-08025
715 South Gulfview Boulevard 93 208 2.313 89.93 115.65 N/A 2/20/2014 Approved 2/20/2015 HDA2013-12008 M. Parry
The acreage is the portion of the site remaining after subtracting the amount of land needed to support 74 attached
dwelling units. The total site is 4.38 acres (zoned T). 2.067 acres is requried for the residential part leaving 2.313 acres
for the hotel.
655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)10 181 1.437 125.96 71 N/A 4/16/2014 Approved 4/16/2015 FLD2014-03007/HDA2014-02001 K.
Nurnburger
521 South Gulfview Boulevard 30 344 3.908 88.02 314 N/A 6/19/2014 Approved 6/19/2015 FLD2013-11038/FLD2014-
06019/HDA2014-04002 M. Parry site plan as related to HDA214-04002 approved as part of FLD201311038. New site plan approval request to
accommodated approved units as part of the HDA - FLD2014-06019 (pending DRC review)
405 East Shore 73 109 0.728 149.73 36 9/16/2014 11/6/2014 PENDING pending City
Council review HDA2014-06003 M. Jackson
401 South Gulfview Boulevard 100 227 1.953 117.00 98 N/A PENDING PENDING pending City
Council review HDA2014-06004 M.Parry
Total Allocated in 2009 by City Council 288
Total Allocated in 2010 by City Council 53
Total Allocated in 2011 by City Council 0
Total Allocated in 2012 by City Council 71
Total Allocated in 2013 by City Council 306
Total Allocated in 2014 by City Council 329
Total Pending 273
Total Number of Rooms in Reserve 1,385 Amount Less Pending
Total Number of Rooms Allocated from Reserve 1,047 65
Allocated rooms returned to the Reserve due to the
project not being built
Total Remaining For Allocation 338
HOTEL DENSITY RESERVE
does not include 2014 pending; approved only
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-349
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Approve of a Development Agreement between PV-Pelican Walk, LLC (Paradise) and the City
of Clearwater, to allow for a parking garage with 642 parking spaces (including 11,482 square
feet of retail sales and service space) in the Tourist (T) District as per Community
Development Code Section 4-606; adopt Resolution 14-23, and authorize the appropriate
officials to execute same. (DVA2014-06001)
SUMMARY:
The proposal consists of two parcels of land which have an overall acreage of 1.68 acres. One
parcel is 0.74 acres and consists of the Pelican Walk shopping center. The other parcel is
0.94 acres and consists of a surface parking lot that supports the shopping center. The
property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future
Land Use Plan category. It is located in the Retail/Restaurant District in Beach by Design.
The proposal is to construct a seven -level parking garage with 11,482 square feet of retail
sales and service space on the 0.94 acres behind the Pelican Walk shopping center. The
garage will support the shopping center as well as the businesses within the overall
Retail/Restaurant district in Beach by Design. This district encompasses the area bounded by
Memorial Causeway, Mandalay Avenue, Baymont Street, and Poinsettia Avenue.
There will be a total of 642 parking spaces. The first 89 shall be apportioned as the developer
chooses between leased and hourly parking, subject to a parking management plan
acceptable to the City as a condition of closing. The next 450 spaces will be purchased by the
City to be used as a public parking garage. The remaining 103 spaces on the top floor will be
utilized in the same manner as the first 89 spaces.
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 and includes the following main provision:
q The development agreement will be in effect for ten years which complies with the
duration of a general development agreement set forth in CDC Section 4-606.B.1.
On July 15, 2014, the Community Development Board approved a Flexible Development
application (FLD2014-05013) to permit a parking garage with 642 parking spaces (including
11,482 square feet of retail sales and service space) in the Tourist (T) District with a lot area
of 73,363 square feet, a lot width of 350 feet, a front (east) setback of zero feet (to building), a
side (north) setback of zero feet (to concrete walkway) and 5.2 feet (to building), a side (south)
setback of zero feet (to concrete walkway) and 5.2 feet (to building), a building height of 64.3
Page 1 City of Clearwater Printed on 8/15/2014
File Number: ID#14-349
feet (from BFE) to top of flat roof and 85.11 feet (to elevator and other mechanical equipment
from BFE), as a Comprehensive Infill Redevelopment Project under the provisions of CDC
Section 2-803.D.; and a reduction to the foundation landscape buffer from five feet wide to
zero feet as part of a Comprehensive Landscape Program under the provisions of 3-1202.G.
The development proposal will not degrade the Level of Service (LOS C or better) on
surrounding transportation facilities nor adversely affect the nearby the nearby signalized
intersection which is consistent with the Metropolitan Planning Organization concurrency
management for transportation facilities.
The Community Development Board will review the development agreement at its meeting on
August 19, 2014.
The Planning and Development Department is recommending APPROVAL of this
Development Agreement under CDC Section 4-606.
Page 2 City of Clearwater Printed on 8/15/2014
Resolution No. 14-23
RESOLUTION NO. 14-23
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER ANDPV-
PELICAN WALK, LLC (“PARADISE”); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with PV PELICAN WALK, LLC.; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section1. The Development Agreement between the City of Clearwater and PV
PELICAN WALK, LLCa copy of which is attached as Exhibit “A,” is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submit a recorded copy of the
Development Agreement to the state land planning agency no later than fourteen (14)
days after the Development Agreement is recorded.
PASSED AND ADOPTED this _______ day of _____________, 2014.
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
_______________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:August 19, 2014
AGENDA ITEM:G.4.
CASE:DVA2014-06001 (Related to FLD2014-05013)
REQUEST:Review, and recommendation to the City Council, of a Development Agreement
between PV-Pelican Walk, LLC (“Paradise”) and the City of Clearwater, to
allow for a parking garage with 642 parking spaces (including 11,482 square feet
of retail sales and service space) in the Tourist (T) District as per Community
Development Code Section 4-606; adopt Resolution No. 14-23, and authorize
the appropriate officials to execute same.
GENERAL DATA:
Agent………………………..Brian J. Aungst, Jr., Esq.
Applicant / Owner.............PV-Pelican Walk, LLC (“Paradise”)
Location……......................483 Mandalay Avenue; west side of Poinsettia Avenue,approximately 65 feet
south of Baymont Street
Property Size…..................1.68 acres
Future Land Use Plan……Resort Facilities High (RFH)
Zoning………………………Tourist (T) District
Special Area Plan..............Beach by Design (Restaurant/Retail District)
Adjacent Zoning...North:Tourist (T) District
South:Tourist (T) District
East:Tourist (T) District
West:Tourist (T) District
Existing Land Use.............Surface parking lot, retail sales and services, and restaurants
Proposed Land Use……….Parking garage, retail sales and services, and restaurants
Community Development Board –August 19, 2014
DVA2014-06001 –Page 1
Level III Development Agreement Application Review PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
ANALYSIS:
Site Location and Existing Conditions:
The 1.68-acre subject property is located on the
west side of Poinsettia Avenue approximately
65 feet south of Baymont Street with 350 feet
of frontage along Poinsettia Avenue. The
property also has approximately 300 linear feet
of frontage on Mandalay Avenue. The property
is zoned Tourist (T) District and is located
within the Restaurant/Retail District of Beach
by Design. This district encompasses the area
bounded by Memorial Causeway, Mandalay
Avenue, Baymont Street and Poinsettia
Avenue.
The development proposal consists of two
parcels of land which have an overall acreage
of 1.68 acres (a condition of approval of
FLD2014-05013 requires the properties to be
combined via a Unity of Title). The western
parcel is 0.74 acres and consists of the two-
story Pelican Walk shopping center, which has
39,580 square feet of commercial floor area.
The eastern parcel is 0.94 acres and consists of
a surface parking lot that supports the shopping
center.
The immediate area is characterized by a
variety of uses including restaurants,retail
sales and services, overnight accommodations,
and attached dwellings.
The subject parcel is used as a surface parking
lot for the Pelican Walk shopping center. It has
94 parking spaces. The property also has
loading zones and solid waste enclosures that
support the various uses within the shopping
center.
Code Compliance Analysis:
There are no active Code Compliance cases for
the subject property.
Development Proposal:
The proposal is to construct a seven-level
parking garage on the eastern parcel to support
Community Development Board –August 19, 2014
DVA2014-06001 –Page 2
Level III Development Agreement Application Review PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
the existing Pelican Walk shopping center as well as the businesses within the overall retail and
restaurant district in Beach by Design.
Vehicle access to the parking garage will be from Poinsettia Avenue. There will be one
entrance/exit driveway at the north end of the building and an exit only driveway on the south
end of the building. Interior and exterior walkways will be provided that will connect with
existing breezeways in the shopping center to allow access to and from Mandalay Avenue. This
garage will be seven levels with a building height of 64.3 feet (from Base Flood Elevation to top
wall of seventh level parking deck) and 85.11 feet (from Base Flood Elevation to top of elevator
room shaft/stairway towers). There will be a total of 642 parking spaces. It is proposed that the
first 89 parking spaces will be for the Pelican Walk shopping center, the next 450 spaces will be
the public parking spaces, and the remaining 101 parking spaces will be available for private use
of surrounding businesses.
The first level also consists of 11,482 square feet of commercial space divided into six units to be
used for retail sales and service and restaurant uses or anyallowable use permitted in a Retail
Plaza. It is anticipated that a few of these commercial units will consist of restaurants that may
take advantage of the seventeen foot wide sidewalk provided along Poinsettia Avenue for
outdoor cafes. The additional 11,482 square feet of commercial space added to the existing
39,580 square feet of commercial space in the Pelican Walk shopping center will bring the total
square footage to 51,062 square feet.
The proposed parking garage does not exceed 100 feet in height (all heights are measured from
BFE). Since no portion of the building exceeds 100 feet in height separation requirements from
other buildings greater than 100 feet in height as otherwise required by Beach by Design do not
apply. The materials and colors of the garage will support the Coastal Contemporary style of
Pelican Walk shopping center. The parking garage structure will be painted various shades of
pink and white that reflect the colors used on the shopping center. The roof tiles used on towers
will also be the same materials used on the shopping center roof. The east, north, and south
facades will consist of ornamental vertical mesh panels etched with “sea grass” pattern, etched
cornice frieze with “sea grass” pattern, ornamental louvers, three-colored awnings, and sloped
tile roofs. The proposed parking garage design is compatible with the surrounding uses and
complements the existing shopping center.
Development Agreement:
The Development Agreement states that the“Paradise” shall create a five unit commercial
condominium out of the overall Pelican Walk shopping center. The City shall purchase Unit
Four which has 450 off-street parking spaces. Unit one shall consist of the existing retail center;
Unit Two shall consist of the new commercial space in the ground-level of the parking garage;
Unit Three shall consist of the lowest 89 parking spaces in the garage; and Unit Five shall consist
of the remaining 101 parking spaces.
The purpose of this agreement is to further the implementation of Beach by Design by providing
for additional public parking on Clearwater Beach to enhance the quality of life, increase
employment and improve aesthetic and useful enjoyment of Clearwater Beach all in accordance
with and in furtherance of the Comprehensive Plan and as authorized by and in accordance with
Community Development Board –August 19, 2014
DVA2014-06001 –Page 3
Level III Development Agreement Application Review PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
the provisions of Florida Law. The City of Clearwater will enter into a partnership with PV-
Pelican Walk,LLC to construct a multi-story parking garage with 642 parking spaces and 11,482
square feet of retail commercial space. The City will purchase 450 off-street parking spaces for
general public use. The development agreement includesthe following main provision:
The development agreement will be in effect for ten years which complies with the
duration of a general development agreementset forth in CDC Section4-606.B.1.
In addition, at the City Council meeting on June 4, 2014, the City Council unanimously voted to
approve the purchase agreement (Exhibit C).
The Community Development Board unanimously approved the site plan and building design on
July 15, 2014 (FLD2014-05013).
The Community Development Board (CDB) has been provided with the most recent
Development Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, to ensure the provision of adequate public
facilities for development, to encourage the efficient use of resources, and to reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of July 3, 2014,and deemed the development proposal to be legally sufficient to
move forward to the Community Development Board (CDB), based upon the following findings
of fact and conclusions of law:
Findings of Fact:
The Planning and Development Department, having reviewed all evidence submitted by the
applicant and requirements of the Community Development Code (CDC), finds that there is
substantial competent evidence to support the following findings of fact:
1.The overall site is 1.68 acres located on the west side of Poinsettia Avenue approximately 65
feet south of the Baymont Street and Poinsettia Avenue intersection;
2.That the subject property is located in the Retail/Restaurant District of Beach by Design;
3.Commercial uses, including retail salesand services, restaurants and overnight
accommodations, dominate this tourist area along the east and west sides of Mandalay
Avenue, from Baymont Street in the north to the Memorial Causeway to the south;
4.The project consists of two parcels:08-29-15-16434-001-0020and 08-29-15-16416-002-
0320;
5.The existing Pelican Walk shopping center is located on the western parcel (08-29-15-16416-
002-0320);
6.The parking garage will be built on the eastern parcel (08-29-15-16434-002-0020);
7.The two parcels will be tied together through a Unity of Title;
8.The Development Agreement will be in effect for tenyears;
9.That the City of Clearwater will purchase 450 of the off-street parking spaces (Unit Four);
Community Development Board –August 19, 2014
DVA2014-06001 –Page 4
Level III Development Agreement Application Review PLANNING & DEVELOPMENT
DEVELOPMENT REVIEW DIVISION
10.The parcel proposed for development currently consists of a surface parking lot with 95
parking spaces;
11.The parking garage will have a total of 642 parking spaces within the structure;
12.The ground level will consist of six commercial units with a total of 11,482 square feet of
commercial space;
13.The Pelican Walk shopping center has 39,580 square feet of commercial space on two levels;
14.Both parcels combined have an overall lot area of 73,363 square feet;
15.A total of nine medjool date palms will be planted in the public right-of-way;
16.That the Pelican Walk parking garage is a key element tothe redevelopment of the
Retail/Restaurant district as set forth in Beach by Design;
17.The proposal provides parking available to the general public, which will be convenient to
patrons of the Retail and Restaurant District of Beach by Design;
18.The height ofthe parking garage (64.3 feet (from BFE top of flat roof) and 85.11 feet (from
BFE to top of stairwell tower) was determined by a parking demand study commissioned by
the City which concluded that 450 off-street general public parking spaces is financially
feasible and will generate revenue;
19.There are no active Code Compliance cases for the subject property.
Conclusions of Law:
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1.That the Development Agreement implements and formalizes the requirements for the
construction of on-site and off-site improvements under the related site plan proposal
(FLD2014-05013);
2.That the Development Agreement complies with the standards and criteria of CDC Section
4-606;and
3.That the Development Agreement is consistent with and furthers the Visions, Goals,
Objectives and Policies of the Comprehensive Plan.
Based upon the above, the Planning and Development Department recommends the
APPROVAL and recommendation to the City Council, of a Development Agreement between
PV-PelicanWalk Plaza,LLC(“Paradise”)and the City of Clearwater, for the property at 483
Mandalay Avenue.
Prepared by Planning and Development Department Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Photographs
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: LUP2014-04001_REZ2014-04001
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 6.3
SUBJECT/RECOMMENDATION:
Approve a Future Land Use Map Amendment from the Residential Urban (RU) classification
to the Institutional (I) classification and a Zoning Atlas Amendment from the Low Medium
Density Residential (LMDR) District to the Institutional (I) District for properties located at 3049
and 3053 Cleveland Street and 3048 and 3054 Cherry Lane (consisting of a portion of the
South ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township
29 South, Range 16 East); and pass Ordinances 8574-14 and 8573-14 on first reading .
(LUP2014-04001 and REZ2014-04001)
SUMMARY:
This Future Land Use Map amendment and rezoning application involves 0.62 acres of
property comprised of four parcels, located on Cleveland Street and Cherry Lane, generally
west of North McMullen Booth Road approximately 1/5 mile south of Drew Street. The request
is to change the property ’s Future Land Use Map designation of Residential Urban (RU)
classification to the Institutional (I) classification and a Zoning Atlas Amendment from the Low
Medium Density Residential (LMDR) District to the Institutional (I) District.
This property has a Future Land Use Map classification of Residential Urban (RU) and Zoning
Atlas designation of Low Medium Density Residential (LMDR). The applicant is requesting to
amend the Future Land Use Map classification to the Institutional (I) classification and the
Zoning Atlas to the Institutional (I) District.
Three of the four parcels are improved with single family houses, all of which are currently
vacant. The fourth parcel is unimproved. The parcels are owned by Calvary Baptist Church,
which is located on the southwest corner of Drew Street and McMullen Booth Road. The
church has been purchasing parcels adjacent to and in the vicinity of the subject property over
the last several years in order to accommodate growth of the church, associated school
campus and athletic facilities. Abutting properties to the north and west are owned by Calvary
Baptist. The applicant has indicated that the properties will be used for an athletic building and
parking. However, no site plans have been submitted at this time.
The Planning and Development Department has determined that the proposed Future Land
Use Map amendment and Zoning Atlas amendment is consistent with the Community
Development Code as specified below:
·The proposed amendments are consistent with the Comprehensive Plan, the
Countywide Plan Rules, and the Community Development Code.
·The proposed amendments are compatible with the surrounding property and
character of the neighborhood.
Page 1 City of Clearwater Printed on 8/15/2014
File Number: LUP2014-04001_REZ2014-04001
·Sufficient public facilities are available to serve the property.
·The proposed amendments will not have an adverse impact on the natural
environment.
·The proposed amendments will not have an adverse impact on the use of
property in the immediate area.
·The available uses in the Institutional (I) District are compatible with the
surrounding area.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the
approval of the Pinellas Planning Council and the Board of County Commissioners acting as
the Countywide Planning Authority. The application is a small -scale amendment so review and
approval by the Florida Department of Economic Opportunity (Division of Community
Planning) is not required.
The Community Development Board reviewed these applications at its July 15, 2014 public
hearing and unanimously recommended approval of the Future Land Use Plan amendment
and Zoning Atlas amendment.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
Page 2 City of Clearwater Printed on 8/15/2014
I.2.
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: July 15, 2014
AGENDA ITEM: I.2.
CASE: LUP2014-04001
REQUEST: To amend the Future Land Use Map designation from Residential Urban (RU) to
Institutional (I)
GENERAL DATA:
Agent……………………… Brian Aungst, Jr.
Applicant / Owner............. First Baptist Church of Clearwater, aka Calvary Baptist Church
Location……..................... 3049 and 3053 Cleveland Street, 3048 and 3054 Cherry Lane
Property Size…................. 0.62 acres
ANALYSIS:
Site Location and Existing Conditions:
This case consists of four parcels totaling 0.62 acres in size. Two parcels are located on Cleveland Street and
two are located on Cherry Lane, both of which are south of Drew Street and west of McMullen Booth Road.
Three of the four parcels are improved with single family houses, all of which are currently vacant. The
parcels are owned by Calvary Baptist Church, which is located on the corner of Drew Street and McMullen
Booth Road. The church has been purchasing parcels adjacent to and in the vicinity of the subject properties
over the last several years in order to accommodate the growth of the church and associated school campus
and athletic facilities, which include a football stadium and baseball field located west of the subject
properties. The applicant has indicated that the properties will be
used for an athletic building and parking. However, no site plans
have been submitted at this time.
Request:
The request is to change the properties’ Future Land Use Map
designation of Residential Urban (RU) to Institutional (I). A
request for a rezoning of the properties from Low Medium Density
Residential (LMDR) to Institutional (I) is being processed
concurrently with this case (see REZ2014-04001).
Community Development Board – July 15, 2014
LUP2014-04001- Page 2 of 9
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Vicinity Characteristics:
The properties are improved by single family detached
homes which are currently vacant. Adjacent to the
properties to the east and south are single family
homes. Calvary Baptist Church and its facilities are
located to the west, south and north. Approximately
522 linear feet, or 61 percent, of the perimeter property
boundary abuts properties with a Future Land Use
classification of Institutional (I) (See Figure 1 below).
Approximately 38 linear feet, or 39 percent, of the
perimeter property boundary abuts properties with a
Future Land Use classification of Residential Urban
(RU).
Figure 1
A complete listing of the surrounding land uses, Future
Land Use Map designations and Zoning Atlas
designations are shown in Table 1 below. In addition, a
comparison between the uses and intensities allowed
by the present and proposed Future Land Use Map
designations appears in Table 2.
61%
39%
Abutting Future Land Use
Designations
Institutional (I)
Residential Urban
(RU)
Community Development Board – July 15, 2014
LUP2014-04001- Page 3 of 9
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 1. Surrounding Future Land Use and Zoning Designations
Existing Conditions
Existing Use(s) FLUM Designation Zoning Atlas Designation
Direction
North:
Single Family Home, Calvary
Baptist Church and Church
auxiliary uses
Residential Urban (RU),
Institutional (I)
Low Medium Density
Residential (LMDR) and
Institutional (I)
East: Single Family Homes Residential Urban (RU) R-2 (County) and Low Medium
Density Residential (LMDR)
South: Single Family Homes, Calvary
Baptist Church auxiliary uses
Institutional (I), Residential
Urban (RU)
R-2 (County) and Institutional
(I)
West: Calvary Baptist Church
auxiliary uses
Institutional (I) Institutional (I)
Table 2. Uses and Intensities Allowed by Present and Proposed Future Land Use Designations
Present FLUM Designation
Residential Urban (RU)
Requested FLUM Designation
Institutional (I)
Primary Uses: Urban Low Density Residential Public/Private Schools; Churches;
Public Offices; Institutional
Maximum Density: 7.5 Dwelling Units Per Acre 12.5 Dwelling Units Per Acre
Maximum Intensity: FAR 0.40; ISR 0.65 FAR 0.65; ISR 0.85
Consistent Zoning Districts:
Low Medium Density Residential
(LMDR); Medium Density
Residential (MDR)
Institutional (I)
REVIEW CRITERIA:
No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for
approval or receive a final action of approval unless it complies with the standards contained in
Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the
proposed amendment with the standards pursuant to Section 4-603.F:
Community Development Board – July 15, 2014
LUP2014-04001- Page 4 of 9
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 3. Consistency with Community Development Code Standards
CDC Section 4-603 Standard Consistent Inconsistent
F.1 The amendment will further implementation of the
Comprehensive Plan consistent with the goals, policies
and objectives contained in the Plan.
X
F.2 The amendment is not inconsistent with other provisions
of the Comprehensive Plan.
X
F.3 The available uses, if applicable, to which the properties
may be put are appropriate to the properties in question
and compatible with existing and planned uses in the
area.
X
F.4 Sufficient public facilities are available to serve the
properties.
X
F.5 The amendment will not adversely affect the natural
environment.
X
F.6 The amendment will not adversely impact the use of
properties in the immediate area.
X
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendment include:
Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to
accommodate public demand and promote infill development.
Goal A.4 The City shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of existing
development exceeds the desired levels of service will be upgraded consistent with the target
dates for infrastructure improvements included in the applicable functional plan element.
Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned developments
that are compatible.
Objective B.1.4 The City shall specifically consider the existing and planned LOS of the road
network affected by a proposed development when considering an amendment to the land use
map, rezoning, subdivision plat or site plan approval.
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
integration of the properties into the larger church campus is compatible with the mix of uses in
the area. When a site plan is submitted, the Community Development Code will be used to
ensure compatibility with the remaining surrounding residential properties. This segment of
McMullen Booth Road is currently operating at a Level of Service F, which is below the adopted
roadway level of service standard, but the potential addition of 4 trips on this roadway is de
minimis (a detailed public facilities analysis follows in this report).
Community Development Board – July 15, 2014
LUP2014-04001- Page 5 of 9
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Consistency with the Countywide Plan Rules
Recommended Findings of Fact:
Section 2.3.3.7.3 of the Countywide Plan Rules states that the purpose of the Institutional (I)
future land use classification is to depict those areas of the county that are now used, or
appropriate to be used, for public/semi-public institutional purposes and to recognize such areas
consistent with the need, character and scale of the institutional use relative to surrounding uses,
transportation facilities and natural resource features. Section 2.3.3.7.3 also states that the
Institutional (I) future land use category is generally appropriate to those locations where
educational, health, public safety, civic, religious and like institutional uses are required to serve
the community and to recognize the special needs of these uses relative to their relationship with
surrounding uses and transportation access.
The subject properties are located adjacent to Institutional (I) properties owned by the same
institution (Calvary Baptist Church) which is on the southwest corner of Drew Street and
McMullen Booth Road, both signalized arterial roads, in an area that contains a mix of
residential, institutional and office uses. Future use of the subject properties for parking and an
athletic building for the overall institutional (church) campus is consistent with the purposes of
the Institutional (I) future land use category and compatible with surrounding properties and the
neighborhood.
Recommended Conclusions of Law:
The proposed Future Land Use Map amendment is consistent with the purpose and locational
characteristics of the Countywide Plan Rules.
Community Development Board – July 15, 2014
LUP2014-04001- Page 6 of 9
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Compatibility with Surrounding Properties/Character of the City & Neighborhood
[Section 4-603.F.3 and Section 4-603.F.6]
Recommended Findings of Fact:
Existing surrounding uses consist of single family homes and institutional properties owned by
the applicant. The future land use designations of surrounding properties include Institutional (I)
and Residential Urban (RU). The proposed integration of the subject properties into the larger
church campus for use of parking and a proposed athletic building on the subject properties is
compatible with the surrounding properties and neighborhood.
The proposed Institutional (I) future land use category permits 12.5 units per acre and a floor
area ratio (FAR) of 0.65. The future land use designations of surrounding properties include
Residential Urban (RU) (7.5 Dwelling Units Per Acre; FAR 0.40), and Institutional (I).
Recommended Conclusions of Law:
The Institutional (I) future land use classification requested is consistent with the surrounding
future land use classifications that exist in the vicinity of the subject properties. The proposed
future land use designation will allow the development of additional institutional facilities and
parking at a density and scale that is consistent with existing institutional and residential uses in
the vicinity of the subject properties. As such, the proposed amendment will allow development
that is in character with the surrounding area.
The proposed Institutional (I) future land use designation is in character with the overall Future
Land Use Map designations in the area. Further, the proposal is compatible with surrounding
uses and consistent with the character of the surrounding properties and neighborhood.
Sufficiency of Public Facilities [Section 4-603.F.4]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the
properties, the maximum development potential of the properties under the present and requested
Future Land Use Map designations was analyzed (see Table 4). The request for amendment to
the Institutional (I) Future Land Use Map category would increase the amount of development
potential allowed on the site.
Community Development Board – July 15, 2014
LUP2014-04001- Page 7 of 9
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 4. Development Potential for Existing & Proposed FLUM Designations
Present FLUM
Designation
“RU”
Requested FLUM
Designation
“I”
Net Change
Site Area 0.62 AC
(27,007 SF)
0.62 AC
(27,007 SF)
Maximum Development
Potential
4 DUs
10,802 SF
0.40 FAR
7 DUs
17,554 SF
0.65 FAR
3 DUs
6,759 SF
0.25 FAR
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
AC – Acres FAR – Floor Area Ratio
SF – Square feet
As shown in Table 5, the proposed change will result in an increase in demand of public facilities
and services, but will not degrade them below acceptable levels.
Table 5. Public Facilities Level of Service Analysis
Maximum Potential Impact to Public
Facilities/Services
Net
Change
Capacity
Available?
Public Facility/Service Present FLUM
Designation “RU”
Requested FLUM
Designation “I”
Streets 42 Trips1 119 Trips1 77 Yes
Potable Water2 1,080 GPD3 1,755 GPD3 675 Yes
Wastewater2 864 GPD3 1,404 GPD3 540 Yes
Solid Waste2 8.6 Tons/Year 14 Tons/Year 5.4 Yes
Parkland2 0 Acres4 0 Acres4 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
Residential Low (RU) – 68 vehicle trips per day per acre.
Institutional (I) – 192 vehicle trips per day per acre.
2. Analysis based on utilization rates for religious/civic facilities, which are nonresidential uses.
3. GPD – Gallons per day.
4. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
As shown in Table 6 below, there is an increase in the potential maximum daily trips associated
with the request for amendment to the Institutional (I) Future Land Use designation. The PM
Peak Hour trips are projected to increase to 5,584 trips with the change in Future Land Use
designation. This segment of McMullen Booth Road is currently operating at a Level of Service
F, which is below the adopted roadway level of service standard, but the potential addition of 4
PM trips on this roadway is de minimis. McMullen Booth Road is listed as a constrained facility
by the Pinellas County Metropolitan Planning Organization (MPO), which means that it cannot
be expanded as necessary to alleviate a substandard level of service condition due to a policy or
physical constraint. The potential increase of 4 PM Peak Hour trips on the roadway is de minimis
on this segment of McMullen Booth Road.
Community Development Board – July 15, 2014
LUP2014-04001- Page 8 of 9
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 6. Maximum Potential Traffic
McMullen Booth Road Existing
Conditions
Current
FLUM1
Proposed
FLUM2
Net New
Trips
Potential Additional Maximum Daily Trips N/A 42 119 77
Potential Additional Maximum PM Peak HourTrips3 N/A 7 11 4
Roadway Volume (Annual Average Daily) 58,6974 58,697 58,774 77
Roadway Volume (PM Peak Hour)3 5,576 5,580 5,584 4
Roadway Level of Service PM Peak Hour F4 F5 F5
Adopted Roadway Level of Service Standard D Peak Hour
Abbreviations and Notes:
N/A = Not Applicable.
FLUM = Future Land Use Map, Clearwater Comprehensive Plan.
1. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) future land use category.
2. Based on PPC calculations of 192 trips per day per acre in the Institutional (I) future land use category.
3. Based on MPO K-factor of 0.095.
4. Source: Pinellas County Metropolitan Planning Organization 2013 Level of Service Report.
5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2013 Level of Service
Report and the 2012 Florida Department of Transportation Quality/Level of Service Handbook.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the traffic generated by the proposed
amendment will not result in the degradation of the existing level of service on McMullen Booth
Road. There is an increase in demand for potable water and generation of wastewater, but there
is adequate capacity to accommodate the maximum demand generated by the proposed
amendment. Furthermore, solid waste, parkland and recreation facilities will not be affected by
the proposed amendment.
Impact on Natural Resources [Section 4-603.F.5]
Recommended Findings of Fact:
No wetlands appear to be located on the subject properties. The properties are intended to be
integrated into the overall church campus for parking and an athletic building. Prior to
redevelopment of these properties, site plan approval will be required.
Recommended Conclusions of Law:
Based on current information, no wetlands appear to be located on the subject properties. The
intent of the applicant is to use the properties for parking and an athletic building. The proposed
redevelopment is required to be compliant with the City’s tree preservation and storm water
management requirements.
REVIEW PROCEDURE:
Approval of the Future Land Use Map amendment does not guarantee the right to develop the
subject properties. The Future Land Use Map amendment is subject to approval by the Pinellas
Planning Council and Board of County Commissioners acting as the Countywide Planning
Authority. Based on the size of the parcel, review and approval by the Florida Department of
Economic Opportunity (Division of Community Planning) is not required. The properties’ owner
must comply with all laws and ordinances in effect at the time development permits are
requested, including transportation concurrency provisions of the Concurrency Management
System in Division 9, Community Development Code.
Community Development Board – July 15, 2014
LUP2014-04001- Page 9 of 9
Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
RECOMMENDATION:
Based on the foregoing, the Planning and Development Department recommends the following
action:
Recommend APPROVAL of the request for Future Land Use Map amendment from the
Residential Urban (RU) classification to the Institutional (I) classification.
Prepared by Planning and Development Department Staff:
Katie See
Planner III
ATTACHMENTS: Resume
Photographs of Site and Vicinity
I.3.
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE: July 15, 2014
AGENDA ITEM: I.3.
CASE: REZ2014-04001
REQUEST: To amend the present Zoning Atlas designation from the Low Medium Density
Residential (LMDR) District to the Institutional (I) District.
GENERAL DATA:
Agent……………………… Brian Aungst, Jr.
Applicant / Owner.............. First Baptist Church of Clearwater, aka Calvary Baptist Church
Location……..................... 3049 & 3053 Cleveland Street, 3048 & 3054 Cherry Lane
Property Size…................. 0.62 acres
ANALYSIS:
Site Location and Existing Conditions:
This case consists of four parcels totaling 0.62 acres in size. Two
parcels are located on the south side of Cleveland Street and two
are located north of Cherry Lane, approximately 520 feet west of
McMullen Booth Road and 1/5 mile south of Drew Street. The
properties, addressed as 3049 and 3053 Cleveland Street and 3048
and 3054 Cherry Lane, are owned by the First Baptist Church of
Clearwater, aka Calvary Baptist Church. Three of the four parcels
are improved with single family detached homes which are
currently vacant.
Request:
The request is to change the property’s Zoning Atlas designation
from the Low Medium Density Residential (LMDR) District to the
Institutional (I) District. A request for a future land use amendment
for the property from Residential Urban (RU) to Institutional (I) is
being processed concurrently with this case (LUP2014-04001).
Community Development Board – July 15, 2014
REZ2014-04001- Page 2 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Calvary Baptist Church, in conjunction with Calvary
Christian High School, plans to use the properties for
an athletic building and parking. No site plan has
been submitted at this time. The applicant
understands that all necessary approvals and permits
must be obtained before development of the subject
site occurs.
Vicinity Characteristics:
Adjacent uses are as follows: single family home and
church property to the north, single family homes to
the east, single family homes and church property to
the south and church property to the west. Abutting
the subject property are two City of Clearwater
Zoning Atlas designations and one Pinellas County
Zoning designation. Approximately 342 linear feet,
or 61 percent of the perimeter property boundary,
abuts properties with a Zoning Atlas designation of
Institutional (I). The remainder abuts property with
the Low Medium Density Residential (LMDR)
designation. The area is characterized by primarily
residential development to the east, primarily
institutional uses to the west and primarily
residential and institutional uses to the south.
A complete listing of the surrounding land uses,
Future Land Use Map designations and Zoning Atlas
designations are shown in Table 1.
Figure 1. Abutting Zoning Atlas Designations
Community Development Board – July 15, 2014
REZ2014-04001- Page 3 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
61%
32%
7%
Institutional (I)
Low Medium
Density Residential
(LMDR)
R-2, Single Family
Residential
(Pinellas County)
Community Development Board – July 15, 2014
REZ2014-04001- Page 4 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
Table 1. Surrounding Future Land Use and Zoning Designations
Existing Conditions
Land Use FLUM Designation Zoning Atlas Designation
Direction
North:
Single Family Home, Calvary
Baptist Church and Church
auxiliary uses
Residential Urban (RU)
Low Medium Density
Residential (LMDR),
Institutional (I)
East: Single Family Homes Residential Urban (RU) R-2 (County), Low Medium
Density Residential (LMDR)
South: Single Family Homes, Calvary
Baptist Church auxiliary uses
Institutional (I), Residential
Urban (RU)
R-2 (County), Institutional (I)
West: Calvary Baptist Church
auxiliary uses Institutional (I) Institutional (I)
REVIEW CRITERIA:
No amendment to the Zoning Atlas shall be recommended for approval or receive a final action
of approval unless it complies with the standards contained in Section 4-602.F, Community
Development Code. Table 2 below depicts the consistency of the proposed amendment with the
standards as per Section 4-602.F.
Table 2. Consistency with Community Development Code Standards
CDC Section 4-602 Standard Consistent Inconsistent
F.1 The proposed amendment is consistent with and furthers
the goals, policies and objectives of the Comprehensive
Plan and furthers the purposes of this Development Code
and other city ordinances and actions designed to
implement the plan.
X
F.2 The available uses to which the property may be put are
appropriate to the property which is subject to the
proposed amendment and compatible with existing and
planned uses in the area.
X
F.3 The amendment does not conflict with the needs and
character of the neighborhood and the city.
X
F.4 The amendment will not adversely or unreasonably affect
the use of other property in the area.
X
F.5 The amendment will not adversely burden public
facilities, including the traffic-carrying capacities of
streets, in an unreasonably or disproportionate manner.
X
F.6 The district boundaries are appropriately drawn with due
regard to locations and classifications of streets,
ownership lines, existing improvements and the natural
environment.
X
Community Development Board – July 15, 2014
REZ2014-04001- Page 5 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW:
Consistency of Development with the Clearwater Comprehensive Plan and Community
Development Code and City Regulations [Section 4-602.F.1]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support
the proposed amendment include:
Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to
accommodate public demand and promote infill development.
Goal A.4 The City shall not permit development to occur unless an adequate level of service is
available to accommodate the impacts of development. Areas in which the impact of existing
development exceeds the desired levels of service will be upgraded consistent with the target
dates for infrastructure improvements included in the applicable functional plan element.
Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned developments
that are compatible.
Recommended Conclusions of Law:
The request does not conflict with the goals, objectives and policies of the Clearwater
Comprehensive Plan and furthers said plan as indicated in the following. The proposed
Institutional (I) District is compatible with the single family residential uses and consistent with
development patterns that have emerged with the expansion of the Calvary Baptist Church. The
subject site is located in close proximity to amenities and services including the following:
Kapok Park (one mile) and the Ream Wilson Trail (less than one mile), Calvary Christian High
School (0.2 mile) and Eisenhower Elementary School (0.7 miles) and other neighborhood-
serving uses (e.g., grocery stores and restaurants to the south). The proposal does not degrade the
level of service for public facilities below the adopted standards (a detailed public facilities
analysis follows in this report). The parcels are currently improved with vacant single family
homes which will be demolished in order to accommodate the athletic building and parking.
Compatibility with Surrounding Property/Character of the City & Neighborhood [Section
4-602.F.2, 4-602.F.3 and Section 4-602.F.4]
Recommended Findings of Fact:
Existing surrounding uses consist of single family homes, townhomes (across McMullen Booth
Road), Calvary Baptist Church and the Calvary Christian High School.
The proposed Institutional (I) District primarily permits institutional uses such as schools,
churches and public offices. The intent of the Institutional (I) District is to protect and preserve
the integrity and value of existing, stable residential neighborhoods of medium density while at
the same time, allowing a careful and deliberate redevelopment and revitalization of existing
neighborhoods in need of revitalization or neighborhoods with unique amenities which create
unique opportunities to increase property values and the overall attractiveness of the City.
Community Development Board – July 15, 2014
REZ2014-04001- Page 6 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
The proposed Zoning Atlas designation will allow infill development of the subject property to
take place. It will complement the existing residential and church uses. This will expand the
Institutional District and subsequently allow the church to expand its services by continuing to
add to the appeal of the neighborhood and overall attractiveness of the City.
Recommended Conclusions of Law:
The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations
in the area. Further, the proposal is compatible and consistent with the uses and character of the
surrounding properties and neighborhood in the vicinity of the subject property.
Sufficiency of Public Facilities [Section 4-602.F.5]
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on the
property, the maximum development potential of the property under the present Future Land Use
Map designation and the present and requested Zoning designation were analyzed. Even though
this is a Zoning Atlas amendment application, maximum development potential is based on the
underlying future land use, so for purposes of this analysis, sufficiency of public facilities is
based on the Future Land Use Map designation.
The current Low Medium Density Residential (LMDR) District primarily permits residential
uses. The proposed Institutional (I) District primarily permits office, school and community
service uses. A greater variety of uses is allowed in the proposed (I) District. The existing Low
Medium Density Residential (LMDR) District primarily permits residential uses that measure
intensity in terms of dwelling units per acre while the proposed Institutional (I) District primarily
permits community service and school uses and measures intensity in terms of floor area ratio
(FAR). As shown in Table 3, demand will increase for all public utilities but capacity is available
to accommodate the increase.
Table 3. Public Facilities Level of Service Analysis
Maximum Potential Impact to Public
Facilities/Services
Net
Change
Capacity
Available?
Public Facility/Service Present FLUM
Designation “RU”
Requested FLUM
Designation “I”
Streets 42 Trips1 119 Trips1 77 Yes
Potable Water3 1,080 GPD2 1,755 GPD 675 Yes
Wastewater3 864 GPD 1,404 GPD 540 Yes
Solid Waste 8.6 Tons/Year 14 Tons/Year 5.4 Yes
Parkland 0 Acres4 0 Acres4 0 Yes
Notes:
1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules.
(RU) 68 vehicle trips per day per acre & (I) 192 vehicle trips per day per acre
2. GPD – Gallons per day.
3. Analysis based on utilization rates for churches, which are nonresidential uses.
4. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
Community Development Board – July 15, 2014
REZ2014-04001- Page 7 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
The Trip Generation Comparison by Zoning Atlas Designation in Table 4 below indicates the
estimated trip generation for specific uses allowed in the current and proposed zoning districts
based on the Institute of Transportation Engineer’s (ITE) Trip Generation 9th Edition. The table
shows an increase of 77 average daily trips and an increase of 7 PM peak trips when comparing
the maximum development potential of a typical residential use in the Low Medium Density
Residential (LMDR) District to the proposed Institutional (I) District.
Table 4. Trip Generation Comparison by Zoning Atlas Designation
Land Use Development
Potential
Avg.
Daily
Trips
Net Change
Avg Daily
Trips
PM Peak
Trips Avg
Rate
PM Peak
Trips
Net
Change
PM Peak
Trips
Existing Designation: Low Medium Density Residential (LMDR) District
Existing Single Family
Homes1 (9.52/1,000 SF
GFA)
3 DUs 29 N/A 1.00 3 N/A
Single Family Homes1
(9.52/DU) 4 DUs 38 N/A 1.00 4 N/A
Proposed Designation: Institutional (I) District
Church2 (9.11 trips/1,000 SF
GFA) 17,573 SF4 160
61 (Max. Dev.
Pot. minus
Existing Dev.
Pot. 99)
0.55
10
4 (Max. Dev.
Pot. minus
Existing Dev.
Pot. 6)
Abbreviations and Notes:
N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area
1. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 210.
2. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 560.
3. Floor area ratio permitted by the I Future Land Use Map category is 0.65.
Recommended Conclusions of Law:
Based upon the findings of fact, it is determined that the traffic generated by the proposed
amendment will not result in the degradation of the existing level of service on either Drew
Street or McMullen Booth Road. This segment of McMullen Booth Road is currently operating
at a Level of Service F, which is below the adopted roadway level of service standard, but the
potential addition of 6 trips on this roadway is de minimis. McMullen Booth Road is listed as a
constrained facility by the Pinellas County Metropolitan Planning Organization (MPO), which
means that it cannot be expanded as necessary to alleviate a substandard level of service
condition due to a policy or physical constraint. There is an increase in demand for potable
water, wastewater and parkland, but there is adequate capacity to accommodate the maximum
demand generated by the proposed amendment.
Location of District Boundaries [Section 4-602.F.6]
Recommended Findings of Fact:
The location of the proposed Institutional (I) District boundaries is consistent with the
boundaries of the subject property. The proposed Institutional (I) District is compatible with the
Community Development Board – July 15, 2014
REZ2014-04001- Page 8 of 8
Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT
LONG RANGE DIVISION
single family residential uses to the north, east and south and the church owned property to the
north, south and west.
Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of
streets, ownership lines, existing improvements and the natural environment.
REVIEW PROCEDURE:
Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject
property. The property owner must comply with all laws and ordinances in effect at the time
development permits are requested, including transportation concurrency provisions of the
Concurrency Management System in Division 9, Community Development Code.
RECOMMENDATION:
Based on the foregoing, the Planning and Development Department recommends the following
action:
Recommend APPROVAL of the request for Zoning Atlas amendment from the Low Medium
Density Residential (LMDR) District to the Institutional (I) District.
Prepared by Planning and Development Department Staff:
Katie See
Planner III
ATTACHMENTS: Resume
Photographs of Site and Vicinity
Ordinance No. 8573-14
ORDINANCE NO. 8573-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT GENERALLY WEST OF N. McMULLEN BOOTH
ROAD AND EAST OF BAYVIEW AVENUE, NORTH OF CHERRY
LANE AND SOUTH OF CLEVELAND STREET, CONSISTING OF
A PORTION OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF
THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 16
TOWNSHIP 29 S RANGE 16 E, WHOSE POST OFFICE
ADDRESSES ARE 3049 CLEVELAND STREET, 3053
CLEVELAND STREET, 3048 CHERRY LANE, AND 3054
CHERRY LANE, CLEARWATER, FLORIDA 33759; FROM
RESIDENTIAL URBAN (RU) TO INSTITUTIONAL (I);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City’s comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance.
Property
See Exhibit A
(LUP2014-04001)
Land Use Category
From: Residential Urban (RU)
To: Institutional (I)
2 Ordinance No. 8573-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Pamela K Akin
City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
LUP 2014 -0 4 001
=========================================================================================
No. Parcel ID Legal Description Address
1. 16-29-16-00000-220-1900 Meets and Bounds Track 22/19 3048 Cherry Lane
The East 75.0 feet of the West 161.05 feet of the North 110.0 feet of the South 220.0 feet of the South One Half of the
Southeast One Quarter of the Northwest One Quarter of the Northwest One Quarter of Section 16, Township 29 South,
Range 16 East, less the South 20 feet conveyed to the City of Clearwater in O.R. Book 3308, page 497 , of the Public Records
of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 16-29-16-00000-220-2000 Meets and Bounds Track 22/20 3049 Cleveland Street
The East 75.0 feet of the West 161.05 feet of the North 110 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the
Northwest ¼ of Section 16, Township 29 South, Range 16 East, Less and Except the North 20 feet thereof, of the Public
Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
3. 16-29-16-00000-220-2200 Meets and Bounds Track 22/22 3053 Cleveland Street
East 75 feet of the West 236.05 feet of the North 110 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the
Northwest ¼ of Section 16, Township 29 South, Range 16 East, less the North 20 feet thereof for road right-of-way, all lying
and being situated in Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
4. 16-29-16-00000-220-2300 Meets and Bounds Track 22/23 3054 Cherry Lane
The East 75 feet of the West 236.05 feet of the North 110 feet of the South 220 feet of the South ½ of the Southeast ¼ of the
Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Less the South
20 feet for Road right of way as Deeded to the City of Clearwater in O.R. Book 3308, page 503, Public Records of Pinellas
County, Florida.
Exhibit B
FUTURE LAND USE MAP
Owner(s): First Baptist Church of Clearwater, Inc. Case: LUP2014-04001
REZ2014-04001
Site: 3049 Cleveland Street, 3053 Cleveland Street,
3048 Cherry Lane and 3054 Cherry Lane
Property
Size(Acres): 0.62 acres
Land Use Zoning
PIN:
16-29-16-00000-220-2000
16-29-16-00000-220-2200
16-29-16-00000-220-1900
16-29-16-00000-220-2300 From :
To:
RU LMDR
I I Atlas Page: 292A
I
I
I I
I
I
I
I
I
RU
RU
I
R/OL
I
I
I
I
RLM
RU
RU
R/OL RURU
RU
McMULLEN-BOOTH RD
CHERRY LN
CLEVELAND ST
JOHNS PK WY
FEATHERWOOD CT
OYSTER B AYOU WAY
COLONIAL DR
19
25
11
116
110
150
123
3110
3080
3078
30
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31123106
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3113
3059 3100
3060
120Camr
200
3054
3065
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3100
3106
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3053
3049
3108
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Ordinance No. 8574-14
ORDINANCE NO. 8574-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED
GENERALLY WEST OF N. McMULLEN BOOTH ROAD
AND EAST OF BAYVIEW AVENUE, NORTH OF CHERRY
LANE AND SOUTH OF CLEVELAND STREET,
CONSISTING OF A PORTION OF THE SOUTH ½ OF THE
SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE
NORTHWEST ¼ OF SECTION 16 TOWNSHIP 29 S
RANGE 16 E, WHOSE POST OFFICE ADDRESSES ARE
3049 CLEVELAND STREET, 3053 CLEVELAND STREET,
3048 CHERRY LANE, AND 3054 CHERRY LANE,
CLEARWATER, FLORIDA 33759; FROM LOW MEDIUM
DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I)
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property Zoning District
SEE EXHIBIT A From: Low Medium Density
Residential (LMDR)
(REZ2014-04001) To: Institutional (I)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 8573-14 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes.
2 Ordinance No. 8574-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Pamela K Akin
City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
LUP 2014 -0 4 001
=========================================================================================
No. Parcel ID Legal Description Address
1. 16-29-16-00000-220-1900 Meets and Bounds Track 22/19 3048 Cherry Lane
The East 75.0 feet of the West 161.05 feet of the North 110.0 feet of the South 220.0 feet of the South One Half of the
Southeast One Quarter of the Northwest One Quarter of the Northwest One Quarter of Section 16, Township 29 South,
Range 16 East, less the South 20 feet conveyed to the City of Clearwater in O.R. Book 3308, page 497 , of the Public Records
of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 16-29-16-00000-220-2000 Meets and Bounds Track 22/20 3049 Cleveland Street
The East 75.0 feet of the West 161.05 feet of the North 110 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the
Northwest ¼ of Section 16, Township 29 South, Range 16 East, Less and Except the North 20 feet thereof, of the Public
Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
3. 16-29-16-00000-220-2200 Meets and Bounds Track 22/22 3053 Cleveland Street
East 75 feet of the West 236.05 feet of the North 110 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the
Northwest ¼ of Section 16, Township 29 South, Range 16 East, less the North 20 feet thereof for road right-of-way, all lying
and being situated in Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
4. 16-29-16-00000-220-2300 Meets and Bounds Track 22/23 3054 Cherry Lane
The East 75 feet of the West 236.05 feet of the North 110 feet of the South 220 feet of the South ½ of the Southeast ¼ of the
Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Less the South
20 feet for Road right of way as Deeded to the City of Clearwater in O.R. Book 3308, page 503, Public Records of Pinellas
County, Florida.
Exhibit B
ZONING MAP
Owner(s): First Baptist Church of Clearwater, Inc. Case: LUP2014-04001
REZ2014-04001
Site: 3049 Cleveland Street, 3053 Cleveland Street,
3048 Cherry Lane and 3054 Cherry Lane
Property
Size(Acres): 0.62 acres
Land Use Zoning
PIN:
16-29-16-00000-220-2000
16-29-16-00000-220-2200
16-29-16-00000-220-1900
16-29-16-00000-220-2300 From :
To:
RU LMDR
I I Atlas Page: 292A
I
McMULLEN-BOOTH RD
CHERRY LN
CLEVELAND ST
JOHNS PKWY
DOWNING ST
FEATHERWOOD CT
OYSTER B AYOU WAY
COLONIAL DR
I
I
O
MHP
LMDR
LMDR
LMDR
LMDR
LMDR
LMDR
19
11
116
110
150
200
3110
3080
30
7
5
30
8
7
30
8
1
30
8
5
30
5
3
30
6
1
30
6
5
31
0
9
31
1
1
3108
3065
3107
3101
3059
3060
120Camr
25
123
3078
3054
3042
3076
3103
3107
3105
3101
3114
31123106
3105
3119
3101
3107
3113
3100
3106
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3053
3049 3100
3108
3048
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View looking south at the subject property, 3049 Cleveland St.View looking south at the subject property, 3053 Cleveland St.
View looking easterly along Cleveland St.View looking westerly along Cleveland St
Adjacentpropertyeastof3053ClevelandSt Adjacentpropertywestof3049ClevelandSt
LUP2014-04001 & REZ2014-04001
Multiple Owners–Calvary Baptist Church
3049 and 3053 Cleveland Street
Adjacent property east of 3053 Cleveland St.Adjacent property west of 3049 Cleveland St.
Looking across Cleveland Street, north of the subject properties
LUP2014-04001 & REZ2014-04001
City of Clearwater –Calvary Baptist Church
3049 and 3053 Cleveland Street
View looking north at the subject property, 3048 Cherry Ln.View looking north at the subject property, 3054 Cherry Ln.
View looking easterly along Cherry Ln.View looking westerly along Cherry Ln.
LUP2014-04001 & REZ2014-04001
City of Clearwater –Calvary Baptist Church
3048 and 3054 Cherry Lane
Adjacent property west of 3048 Cherry Ln.Adjacent property east of 3054 Cherry Ln.
Adjacent the street, south of 3048 Cherry Ln.Across the street, south of 3054 Cherry Ln.
LUP2014-04001 & REZ2014-04001
City of Clearwater –Calvary Baptist Church
3048 and 3054 Cherry Lane
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ATA2014-05002
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 6.4
SUBJECT/RECOMMENDATION:
Approve the annexation, initial Future Land Use Map designations of Residential Low (RL),
Residential Medium (RM), and Preservation (P), and Drainage Feature Overlay and initial
Zoning Atlas designations of Low Medium Density Residential (LMDR), Medium Density
Residential (MDR), and Preservation (P) districts for 1813 Carlton Drive; 1752 Evans Drive;
2700 and 2715 Morningside Drive; 2709 and 2738 Woodring Drive; 2718 Terrace Drive North;
2723/2725 South Drive and 2741 South Drive (all parcels are located in Section 5, Township
29 South, Range 16 East); together with certain rights of way of South Drive, Woodring Drive,
Morningside Drive, Evans Drive and Terrace Drive; and pass Ordinances 8576-14, 8577-14
and 8578-14 on first reading. (ATA2014-05002)
SUMMARY:
The City of Clearwater Planning and Development Department identified an area within the
Clearwater Planning Area with a large concentration of properties with Agreements to Annex
(ATAs) that are eligible for annexation. These properties are located east of U .S. Highway 19,
north of State Road 590, south of South Drive, and west of El Trinidad Drive. Subdivisions in
this area include Virginia Grove Terrace, Carlton Terrace, and Pinellas Terrace. The
Department identified a total of 189 properties in this area that could be annexed through a
phased approach over several years, and to date 171 properties have been annexed.
This application, which has been identified as Phase G of the overall annexation project,
includes 9 properties. Current or previous owners of these properties entered into ATAs
between 1983 and 2008 to obtain sanitary sewer service. The Planning and Development
Department is initiating this project to bring the properties into the City ’s jurisdiction in
compliance with the terms and conditions set forth in the agreements. The Phase G properties
are occupied by 8 detached dwellings and 1 attached dwelling (2 units) on 1.77 acres of land .
It is proposed that approximately 1.05 acres of right-of-way throughout this area on South
Drive, Woodring Drive, Morningside Drive, Evans Drive and Terrace Drive North right -of-way
not currently within the city limits also be annexed. It is proposed that 7 properties be assigned
a Future Land Use Map designation of Residential Low (RL), and 2 properties be assigned a
Future Land Use Map designation of Residential Medium (RM). A drainage ditch traverses 3
of these properties (2715 Morningside Drive, 2718 Terrace Drive North and 1752 Evans Drive)
for which the Preservation (P) and Drainage Feature Overlay designations are proposed
consistent with the ditch boundaries. It is proposed that 8 parcels be assigned the zoning
designation of Low Medium Density Residential (LMDR) District with the exception of the
2723/2725 South Drive property where it is proposed that the parcel be assigned a zoning
designation of Medium Density Residential (MDR). In addition, it is proposed that the
Page 1 City of Clearwater Printed on 8/15/2014
File Number: ATA2014-05002
aforementioned properties with the drainage ditch also be assigned the Preservation (P)
zoning category.
The Planning and Development Department has determined that the proposed annexation is
consistent with the provisions of Community Development Code Section 4-604.E as follows:
·The properties currently receive sanitary sewer service from the City and water service
from Pinellas County. Collection of solid waste will be provided by the City. The properties
are located within Police District III and service will be administered through the district
headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical
services will be provided to these properties by Station 48 located at 1700 Belcher Road.
The City has adequate capacity to serve the properties with solid waste, police, fire and
EMS service. Water service will continue to be provided by Pinellas County. The proposed
annexations will not have an adverse effect on public facility levels of service; and
·The proposed annexation is consistent with and promotes the following objectives and
policy of the Clearwater Comprehensive Plan:
Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet
the contiguity requirements of Florida Statutes Chapter 171.
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban
development within the urban service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2: Diversify and expand the City ’s tax base through the annexation of a
variety of land uses located within the Clearwater Planning Area.
·The proposed Residential Low (RL), Residential Medium (RM), Preservation (P), and
Drainage Feature Overlay Future Land Use Map categories are consistent with the current
Countywide Plan designation of the properties. The Residential Low (RL) designation
primarily permits residential uses at a density of 5 units per acre while the Residential
Medium (RM) designation primarily permits residential uses at a density of 15 units per
acre. The Preservation (P) and Drainage Feature Overlay categories proposed to be
applied to three properties recognize the watershed and drainage features on the
properties. The proposed zoning districts to be assigned to the properties are the Low
Medium Density Residential (LMDR), Medium Density Residential (MDR), and
Preservation (P) Districts. The uses of the subject properties are consistent with the uses
allowed in the Low Medium Density Residential (LMDR) and Medium Density Residential
(MDR) Districts. However, the property located at 2723/2725 South Drive is an existing
duplex, and although the use is allowed within the Medium Density Residential (MDR)
District, the property does not meet the minimum lot width requirement and the lot size
does not support the development of two units on the site based on the MDR District. The
provisions of Community Development Code Article 6 Nonconformity Provisions will apply
to this property once annexed into the City. All other properties meet the minimum
dimensional requirements of the Low Medium Density Residential (LMDR) District;
therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater
Comprehensive Plan, and Clearwater Community Development Code; and
The properties proposed for annexation are contiguous to existing City boundaries along at
least one property boundary; therefore, the annexations are consistent with Florida Statutes
Chapter 171.044.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
Page 2 City of Clearwater Printed on 8/15/2014
File Number: ATA2014-05002
Page 3 City of Clearwater Printed on 8/15/2014
Ordinance No. 8576-14
ORDINANCE NO. 8576-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED GENERALLY EAST OF US 19 AND WEST OF EL
TRINIDAD DRIVE, NORTH OF STATE ROAD 590 AND
SOUTH OF SUNSET POINT ROAD (STATE ROAD 576),
CONSISTING OF PORTIONS OF SECTION 5, TOWNSHIP
29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE
ADDRESSES ARE 2723/2725 SOUTH DRIVE, 2741 SOUTH
DRIVE, 2738 WOODRING DRIVE, 2709 WOODRING DRIVE,
2700 MORNINGSIDE DRIVE, 2715 MORNINGSIDE DRIVE,
2718 TERRACE DRIVE AND 1752 EVANS DRIVE, 1813
CARLTON DRIVE, ALL IN CLEARWATER, FLORIDA 33759,
TOGETHER WITH CERTAIN RIGHT OF WAYS OF: SOUTH
DRIVE, WOODRING DRIVE, MORNINGSIDE DRIVE,
EVANS DRIVE AND TERRACE DRIVE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owners of the real properties described herein and depicted on the
maps attached hereto as Exhibits 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
(ANX2014-05002)
The maps attached as Exhibit B and C 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.
2 Ordinance No. 8576-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Pamela K Akin
City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS ATA2014-05002 (Diane Area ATAs, Phase G )
=========================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-13536-003-0060 Block C, Lot 6 1813 Carlton Drive
The above in CARLTON TERRACE subdivision, as recorded in PLAT BOOK 41 on PAGE 16, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 05-29-16-13554-006-0050 Block F, Lot 5 2723 South Drive
3. 05-29-16-13554-006-0080 Block F, Lot 8 2741 South Drive
4. 05-29-16-13554-006-0120 Block F, Lot 12 2738 Woodring Drive
5. 05-29-16-13554-007-0010 Block G, Lot 1 2709 Woodring Drive
6. 05-29-16-13554-007-0080 Block G, Lot 8 2700 Morningside Drive
7. 05-29-16-13554-012-0010 Block L, Lot 1 2715 Morningside Drive
All the above in CARLTON TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 43 on PAGE 39,
of the Public Records of Pinellas County, Florida.
together with:
- all Right of Way of South Drive abutting Lot 8, Block F;
- all Right of Way of Woodring Drive abutting Lot 1, Block G;
- all Right of Way of Morningside Drive abutting Lot 8, Block G thru Lot 1, Block L;
- all Right of Way of Evans Drive abutting Lot 1, Block L.
=========================================================================================
No. Parcel ID Legal Description Address
8. 05-29-16-94374-003-0140 Block 3, Lot 14 2718 Terrace Drive
together with:
- all Right of Way of Terrace Drive abutting Lot 14, Block 3 extending easterly to the intersection of Lucas Drive
The above in VIRGINIA GROVE TERRACE THIRD ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 74, of the Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
9. 05-29-16-94392-007-0140 Block 7, Lot 14 1752 Evans Drive
together with:
- all Right of Way of Evans Drive abutting Lot 14, Block 7.
All the above in VIRGINIA GROVE TERRACE FOURTH ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 75, of the Public Records of Pinellas County, Florida.
Exhibit B
Proposed Annexation Map 1 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
110 100
100
125
125
116.9
6
6
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15
1 2 3
4 5
24/07 24/08
24/09
2.62
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0
60
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6 0
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6 0
50
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25362
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D E E G H I
J
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11 12 13 14
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9101112
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151617181920
12
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4
5
6 13
14
15
16
17
18
19
1
2
15
16
4
5
11
1
1
11 A C(C)
SOUTH DR
WOODRING DR
DIANE D
R
SUNSET POINT RD
OWEN D
R
SKYLAND DR
AUDREY DR
MARILYN DR
27111865
26
9
5
27
1
5
2
7
1
9
26
6
5
1836
27
0
1
27
6
2
1 8 6 1
18 4 9
2
7
7
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827
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0
26
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1
26
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4
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0
26
6
6
26
7
2
26
8
4
26
9
6
27
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1
27
0
5
27
0
1
26
9
7
26
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8
9
26
8
3
26
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1
26
5
1
184226
7
5
1831
1836
1830
26
9
8
2
7
0
0
2
7
2
8
2
7
3
0
2
7
3
2
2
7
0
6
27
0
4
1 8 8 1
2
7
0
4
A
-
D
262626
2626
1863
26
9
1
26
9
3
2
7
4
1
2
7
5
1
2
7
5
3
2
18431845
1851
1817
1825
1831
1837
2
7
1
7
2
7
2
3
2
7
2
5
1812
1824
1830
1836
1819
1825
1831
1830
1824
1818
1812
1818
1830
1836
1813
1819
1825
1831
1837
1819
1827
1818
1824
1830
1836
1842
1 8 5 4
1 8 4 8
27
6
3
1 8 5 5
2
7
4
22
7
3
8
2
7
3
4
2
7
2
8
2
7
2
4
27
1
4
1861
26
7
0
26
6
4
26
7
5
26
5
9
1824 1824
1848
1837
1813
1819
1825
1837
27
6
6
1818
27
0
9
1818
1 8 8 0
2
7
4
5
2
7
4
3
2
7
3
7
2
7
3
5
2
7
2
9
2
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Exhibit C
Proposed Annexation Map 2 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
50 50 50 60 60
60
50
50 50
60
66
66
66
13554
71
4
4
2
C D E E G H
L
A
7 6 6
3
3
15 161718192021 22 23 24 25 2627
2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15
1 2 3 45
8
9
10
11
12
13
14
15
16
17 1 23456 7
8
9
10
11
12
13
14
31
32
33
34
35
3637
38
39
40
41
4259
60
61
62
63
6465
66
67
68
69
70
9
10
11
12
13
14
15
16
17
181213141516
10
11
12
13
14
1516
17
18
19
20
21
EVANS DR
MORNINGSIDE DR
OWEN DR
LUCAS DR
AUDREY
DR
MARILYN DR
CARLTON DR
CARDINAL DR
N TERRACE DR
AUDREY DR
OWEN DR
CARDINAL DR
SKYLAND DR
TERRACE DR
27
2
4
27
3
1
1807
1767
26
3
7
1736
1741
1745
1749
1753
1760
1755
1754
1761
1773
1779
1745
1751
1771
26
8
4
26
7
8
26
7
2
26
6
6
26
5
4
26
4
8
1746
1750
1754
1762
1770
1774
1778 27
1
4
27
1
0
26
7
1
26
4
3
26
4
9
26
5
4
26
6
5
26
5
9
26
8
3
26
7
7
26
2
5
2672
1831
27
2
3
27
2
5
27
1
9
2720
2724
1836
1830
26
5
0
1801
26
3
1
1737
27
3
7
1806
1785
1752
1779
1773
1817
1825
1831
1837
173
174
174
175
176
1740
1746
1752
1758
1733
1740
1744
1750
1756
1764
1768
1743
1749
1761
1742
1760
1766
1772
1778
1743
1749
1767
1748
1754
1760
1766
1772
1778
1743
1761
1767
1775
26
6
0
1742
1758
1766
27
3
0
27
1
8
27
0
7
27
0
1
26
8
9
1812
1818
1824
1830
1807
1813
1819
1831
1837
1807
1815
1821
1825
1831
1837
1800
1812
1824
1830
1836
1807
1813
1819
1825
1831
1806
1830
1824
1818
1812
1800
1812
1818
1830
1836
1813
1808
1736
36
1824 1824
1837
1813
1819
1825
1837
175
27
1
1
27
1
5
1818
1807
2700
0
2
6
4 1800
1806
1818
1806
1825
4
8
0
173
2710
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Ordinance No. 8577-14
ORDINANCE NO. 8577-14
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 US 19 AND WEST OF EL TRINIDAD
DRIVE, NORTH OF STATE ROAD 590 AND SOUTH OF
SUNSET POINT ROAD (STATE ROAD 576), CONSISTING OF -
PORTIONS OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16
EAST, WHOSE POST OFFICE ADDRESSES ARE 2723/2725
SOUTH DRIVE, 2741 SOUTH DRIVE, 2738 WOODRING DRIVE,
2709 WOODRING DRIVE, 2700 MORNINGSIDE DRIVE, 2715
MORNINGSIDE DRIVE, 2718 TERRACE DRIVE AND 1752
EVANS DRIVE, 1813 CARLTON DRIVE, ALL IN CLEARWATER,
FLORIDA 33759, TOGETHER WITH CERTAIN RIGHT OF WAYS
OF: SOUTH DRIVE, WOODRING DRIVE, MORNINGSIDE
DRIVE, EVANS DRIVE AND TERRACE DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW (RL), RESIDENTIAL MEDIUM (RM),
PRESERVATION (P) AND DRAINGAGE FEATURE OVERLAY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
properties, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See attached legal descriptions Exhibit A Residential Low
(RL), Residential
Medium (RM),
Preservation (P) /
Drainage Feature
Overlay
(ANX2014-05002)
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. 8576-14.
Ordinance No. 8577-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Pamela K Akin
City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS ATA2014-05002 (Diane Area ATAs, Phase G )
=========================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-13536-003-0060 Block C, Lot 6 1813 Carlton Drive
The above in CARLTON TERRACE subdivision, as recorded in PLAT BOOK 41 on PAGE 16, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 05-29-16-13554-006-0050 Block F, Lot 5 2723 South Drive
3. 05-29-16-13554-006-0080 Block F, Lot 8 2741 South Drive
4. 05-29-16-13554-006-0120 Block F, Lot 12 2738 Woodring Drive
5. 05-29-16-13554-007-0010 Block G, Lot 1 2709 Woodring Drive
6. 05-29-16-13554-007-0080 Block G, Lot 8 2700 Morningside Drive
7. 05-29-16-13554-012-0010 Block L, Lot 1 2715 Morningside Drive
All the above in CARLTON TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 43 on PAGE 39,
of the Public Records of Pinellas County, Florida.
together with:
- all Right of Way of South Drive abutting Lot 8, Block F;
- all Right of Way of Woodring Drive abutting Lot 1, Block G;
- all Right of Way of Morningside Drive abutting Lot 8, Block G thru Lot 1, Block L;
- all Right of Way of Evans Drive abutting Lot 1, Block L.
=========================================================================================
No. Parcel ID Legal Description Address
8. 05-29-16-94374-003-0140 Block 3, Lot 14 2718 Terrace Drive
together with:
- all Right of Way of Terrace Drive abutting Lot 14, Block 3 extending easterly to the intersection of Lucas Drive
The above in VIRGINIA GROVE TERRACE THIRD ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 74, of the Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
9. 05-29-16-94392-007-0140 Block 7, Lot 14 1752 Evans Drive
together with:
- all Right of Way of Evans Drive abutting Lot 14, Block 7.
All the above in VIRGINIA GROVE TERRACE FOURTH ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 75, of the Public Records of Pinellas County, Florida.
Exhibit B
Future Land Use Map 1 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
110 100
100
125
125
116.9
6
6
741421
15
1 2 3
4 5
24/07 24/08
24/09
2.62
6
6
6
0
60
60
6 0
50 50 60
60
6 0
50
6
0
25362
F
K
D E E G H I
J
J
9 10
11 12 13 14
15
16
1
2
1
2
3
7
8
9
5 6 7 8
910112
1 2 3 4 5
6
7
8
9
10
11
12
13
14
151617181920
11
12
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14
15
16 1
2
3
4
5 12
13
14
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16 1
2
3
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5
6 11
12
13
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16 1
2
3
4
5
6
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15
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17
1
2
3
4
5
6
7 12
13
14
15
16
17
18
19
1
2
15
16
4
5
11
1
1
11 A C(C)
I
RM
RL
RL
RLRL
RL
RL
RM
RL
RL
R/OG
RL
I
I
RM
SOUTH DR
DIANE D
R
WOODRING DR
SUNSET POINT RD
OWEN D
R
SKYLAND DR
AUDREY DR
MARILYN DR
2711
26
9
5
27
1
5
2
7
1
9
26
6
5
1836
27
0
1
27
6
2
1 8 6 1
1 8 4 9
2
7
1
827
1
0
26
7
4
26
5
8
26
6
5
26
7
1
26
6
0
26
6
6
26
7
2
26
8
4
26
9
6
27
5
1
27
0
5
27
0
1
26
9
7
26
9
5
26
8
9
26
8
3
26
7
1
26
5
1
1824
184226
7
5
1836
1830
26
9
8
2
7
0
0
2
7
2
8
2
7
3
0
2
7
3
2
2
7
0
6
27
0
4
1 8 8 1
2
7
0
4
A
-
D
22222
1865
1863
26
9
1
26
9
3
2
7
4
1
2
7
5
1
2
7
5
3
18431845
1851
1817
1825
1831
1837
2
7
1
7
2
7
2
3
2
7
2
5
1812
1824
1830
1836
1819
1825
1831
1830
1824
1818
1812
1818
1830
1836
1813
1819
1825
1831
1837
1819
1827
1818
1824
1830
1836
1842
1 8 5 4
1 8 4 8
27
6
3
1 8 5 5
2
7
7
5
2
7
4
2
2
7
3
8
2
7
3
4
2
7
2
8
2
7
2
4
27
1
4
1861
26
7
0
26
6
4
26
7
5
26
5
9
26
5
4
1824
1848
1837
1813
1819
1825
1831
1837
27
6
6
1818
27
0
9
1818
1 8 8 0
2
7
4
5
2
7
4
3
2
7
3
7
2
7
3
5
2
7
2
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RL
RL
RL
RM
Exhibit C
Future Land Use Map 2 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
50 50 50 60 60
60
50
50 50
60
66
66
66
13554
71
4
4
2
C D E E G H
L
A
7 6 6
3
3
15 161718192021 22 23 24 25 2627
2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15
1 2 3 45
8
9
10
11
12
13
14
15
16
17 1 23456 7
8
9
10
11
12
13
14
31
32
33
34
35
3637
38
39
40
41
4259
60
61
62
63
6465
66
67
68
69
70 10
11
12
13
14
15
16
17
181213141516
10
11
12
13
14
1516
17
18
19
20
21
EVANS DR
MORNINGSIDE DR
OWEN DR
LUCAS DR
AUDREY
DR
MARILYN DR
SKYLAND DR
CARLTON DR
CARDINAL DR
N TERRACE DR
AUDREY DR
OWEN DR
CARDINAL DR
TERRACE DR
RL
RL
RL
RLRLRLRL
RL
RU
RL
RL
RL
RL
RL
RU
27
2
4
27
3
1
1807
1767
26
3
7
1736
1741
1745
1749
1753
1760
1755
1754
1761
1773
1779
1745
1751
1771
26
8
4
26
7
8
26
7
2
26
6
6
26
5
4
26
4
8
1746
1750
1754
1762
1774
1778 27
1
0
26
7
1
26
4
3
26
4
9
26
5
4
26
6
5
26
5
9
26
8
3
26
7
7
2672
1831
27
2
3
27
1
9
2720
2724
1836
1830
26
5
0
1801
26
3
1
1737
27
3
7
1806
1785
1752
1779
1773
1817
1825
1831
1837
173
174
174
175
176
1740
1746
1752
1758
1740
1744
1750
1756
1764
1768
1749
1761
1742
1760
1766
1772
1778
1743
1749
1767
1748
1754
1760
1766
1772
1778
1743
1761
1767
1775
26
6
0
1758
1766
1770
27
3
0
27
1
8
27
1
4
27
0
7
27
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1
26
8
9
26
2
5
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1818
1824
1836
1830
1807
1813
1819
1831
1837
1807
1815
1821
1825
1831
1837
1800
1812
1824
1830
1836
1807
1813
1819
1825
1831
1806
1830
1836
1824
1818
1812
1800
1812
1818
1830
1836
1813
1808
1736
36
1824 1824
1837
1813
1819
1825
1837
175
27
1
1
27
2
5
27
1
5
1818
1807
2700
0
2
6
4 1800
1806
1818
1806
1825
4
8
0
173
2710
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RL
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RL
RL
RL
Ordinance No. 8578-14
ORDINANCE NO. 8578 -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 US 19 AND WEST OF EL TRINIDAD DRIVE, NORTH OF
STATE ROAD 590 AND SOUTH OF SUNSET POINT ROAD
(STATE ROAD 576), CONSISTING OF PORTIONS OF SECTION
5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESSES ARE 2723/2725 SOUTH DRIVE, 2741
SOUTH DRIVE, 2738 WOODRING DRIVE, 2709 WOODRING
DRIVE, 2700 MORNINGSIDE DRIVE, 2715 MORNINGSIDE
DRIVE, 2718 TERRACE DRIVE AND 1752 EVANS DRIVE, 1813
CARLTON DRIVE, ALL IN CLEARWATER, FLORIDA 33759,
TOGETHER WITH CERTAIN RIGHT OF WAYS OF: SOUTH
DRIVE, WOODRING DRIVE, MORNINGSIDE DRIVE, EVANS
DRIVE AND TERRACE DRIVE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTAL (LMDR), MEDIUM DENSITY RESIDENTAL (MDR),
AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's
comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described properties 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 Exhibits 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. 8576-14.
Property Zoning District
Low Medium Density
Residential (LMDR),
Medium Density
Residential (MDR), and
Preservation (P)
See attached legal descriptions, Exhibit A
(ANX2014-05002)
Ordinance No. 8578-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Pamela K Akin
City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS ATA2014-05002 (Diane Area ATAs, Phase G )
=========================================================================================
No. Parcel ID Legal Description Address
1. 05-29-16-13536-003-0060 Block C, Lot 6 1813 Carlton Drive
The above in CARLTON TERRACE subdivision, as recorded in PLAT BOOK 41 on PAGE 16, of the Public Records of
Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 05-29-16-13554-006-0050 Block F, Lot 5 2723 South Drive
3. 05-29-16-13554-006-0080 Block F, Lot 8 2741 South Drive
4. 05-29-16-13554-006-0120 Block F, Lot 12 2738 Woodring Drive
5. 05-29-16-13554-007-0010 Block G, Lot 1 2709 Woodring Drive
6. 05-29-16-13554-007-0080 Block G, Lot 8 2700 Morningside Drive
7. 05-29-16-13554-012-0010 Block L, Lot 1 2715 Morningside Drive
All the above in CARLTON TERRACE FIRST ADDITION subdivision, as recorded in PLAT BOOK 43 on PAGE 39,
of the Public Records of Pinellas County, Florida.
together with:
- all Right of Way of South Drive abutting Lot 8, Block F;
- all Right of Way of Woodring Drive abutting Lot 1, Block G;
- all Right of Way of Morningside Drive abutting Lot 8, Block G thru Lot 1, Block L;
- all Right of Way of Evans Drive abutting Lot 1, Block L.
=========================================================================================
No. Parcel ID Legal Description Address
8. 05-29-16-94374-003-0140 Block 3, Lot 14 2718 Terrace Drive
together with:
- all Right of Way of Terrace Drive abutting Lot 14, Block 3 extending easterly to the intersection of Lucas Drive
The above in VIRGINIA GROVE TERRACE THIRD ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 74, of the Public Records of Pinellas County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
9. 05-29-16-94392-007-0140 Block 7, Lot 14 1752 Evans Drive
together with:
- all Right of Way of Evans Drive abutting Lot 14, Block 7.
All the above in VIRGINIA GROVE TERRACE FOURTH ADDITION subdivision, as recorded in PLAT BOOK 37 on
PAGE 75, of the Public Records of Pinellas County, Florida.
Exhibit B
Zoning Map 1 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
110 100
100
125
125
116.9
6
6
74142
15
1 2 3
4 5
24/07 24/08
24/09
2.62
6
6
6
0
60
60
6 0
50 50 60
60
6 0
50
6
0
25362
13554
F
K
D E E G H I
J
J
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11 12 13 14
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6 7 8
91011
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151617181920
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11 A C(C)
SOUTH DR
DIA
NE DR
WOODRING DR
SUNSET POINT RD
OWEN D
R
SKYLAND DR
AUDREY D
R
MARILYN DR
DIANE TER
AUDREY DR
I
LMDR
PC
MDR
LMDR
27
1
1
1865
26
9
5
27
1
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27
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26
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7
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1831
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26
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8
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2
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3
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27
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1 8 8 1
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A
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26
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26
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18431845
1851
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7
1
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2
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1812
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1812
1818
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1837
1819
1827
18091812
1818
1824
1830
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1842
1 8 5 4
1 8 4 8
27
6
3
1 8 5 5
2
7
4
22
7
3
8
2
7
3
4
2
7
2
8
2
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2
4
27
1
4
1861
26
7
0
26
6
4
26
7
5
1824
1848
1837
1813
1819
1825
1837
27
6
6
1818
27
0
9
1818
1 8 8 0
2
7
4
5
2
7
4
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7
2
7
3
5
2
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9
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c
a
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-N
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-
LMDR
LMDR
LMDR MDR
Exhibit C
Zoning Map 2 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
50 50 50 60 60
60
50
50 50
60
66
66
66
13554
71
4
4
2
C D E E G H
L
A
7 6 6
3
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4
15 161718192021 22 23 24 25 2627
2
3
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8
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4259
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70 10
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181213141516
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LMDR
LMDR
LMDRC
LMDR
LMDR LMDR
LMDR
MDR
EVANS DR
MORNINGSIDE DR
OWEN DR
LUCAS DR
AUDREY
DR
MARILYN DR
SKYLAND DR
CARLTON DR
CARDINAL DR
N TERRACE DR
AUDREY DR
OWEN DR
CARDINAL DR
TERRACE DR
27
2
4
27
3
1
1807
1767
26
3
7
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1778 27
1
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27
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9
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26
5
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26
7
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26
2
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2672
1831
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1
9
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2724
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1830
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0
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26
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1737
27
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7
1806
1785
1752
1779
1773
1817
1825
1831
1837
173
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1753
1765
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1743
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1754
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1767
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26
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0
1758
1766
1774
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27
1
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27
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7
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1
26
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9
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1818
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1
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LMDR
LMDR
LMDR
LMDR
LMDR
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2014\Diane Area ATAs Phase G\Maps\ATA2014-05002 Location
Map.docx
Location Map
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2014\Diane Area ATAs Phase G\Maps\ATA2014-05002 Aerial
1.docx
Aerial Photograph 1 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
2
7
2
5
2
7
3
8
2
7
4
1
27
0
9
2
7
2
3
SOUTH DR SOUTH DR
WOODRING DR WOODRING DR
DIANE D
R
DIANE D
R
SUNSET POINT RD SUNSET POINT RD
OWEN D
R
OWEN D
R
SKYLAND DR
SKYLAND DR
AUDREY DR
AUDREY DR
MARILYN DR
MARILYN DR
AUDREY DR
AUDREY DR
-N
o
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S
c
a
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-
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t
a
S
u
r
v
e
y
-
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2014\Diane Area ATAs Phase G\Maps\ATA2014-05002 Aerial
2.docx
Aerial Photograph 2 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
2700
27
1
8
1813
27
1
5
1752
MORNINGSIDE DR MORNINGSIDE DR
EVANS DR
EVANS DR
OWEN DR
OWEN DR
LUCAS DR
LUCAS DR
AUDREY
DR
AUDREY
DR
MARILYN DR
MARILYN DR
SKYLAND DR
SKYLAND DR
CARLTON DR
CARLTON DR
CARDINAL DR
CARDINAL DR
N TERRACE DR N TERRACE DR
TERRACE DR TERRACE DR
AUDREY DR
AUDREY DR
OWEN DR
OWEN DR
CARDINAL DR
CARDINAL DR
-N
o
t
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o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2014\Diane Area ATAs Phase G\Maps\ATA2014-05002 Proposed
Annex 1.docx
Proposed Annexation Map 1 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
110 100
100
125
125
116.9
6
6
741421
15
1 2 3
4 5
24/07 24/08
24/09
2.62
6
6
6
0
60
60
6 0
50 50 60
60
6 0
50
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25362
F
K
D E E G H I
J
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11 12 13 14
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11 A C(C)
SOUTH DR
WOODRING DR
DIANE D
R
SUNSET POINT RD
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SKYLAND DR
AUDREY DR
MARILYN DR
27111865
26
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5
27
1
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1
9
26
6
5
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27
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1 8 6 1
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7
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1 8 5 4
1 8 4 8
27
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y
-
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2014\Diane Area ATAs Phase G\Maps\ATA2014-05002 Proposed
Annex 2.docx
Proposed Annexation Map 2 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
50 50 50 60 60
60
50
50 50
60
66
66
66
13554
71
4
4
2
C D E E G H
L
A
7 6 6
3
3
15 161718192021 22 23 24 25 2627
2
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5
6
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8 9
10
11
12
13
14
15 2
3
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8 9
10
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13
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15 2
3
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8 9
10
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15 2
3
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8 9
10
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15 2
3
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8 9
10
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1 2 3 45
8
9
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17 1 23456 7
8
9
10
11
12
13
14
31
32
33
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3637
38
39
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4259
60
61
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6465
66
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69
70
9
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13
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15
16
17
181213141516
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11
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20
21
EVANS DR
MORNINGSIDE DR
OWEN DR
LUCAS DR
AUDREY
DR
MARILYN DR
CARLTON DR
CARDINAL DR
N TERRACE DR
AUDREY DR
OWEN DR
CARDINAL DR
SKYLAND DR
TERRACE DR
27
2
4
27
3
1
1807
1767
26
3
7
1736
1741
1745
1749
1753
1760
1755
1754
1761
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1779
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26
8
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1
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26
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2
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27
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27
3
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173
174
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175
176
1740
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26
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0
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27
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0
27
1
8
27
0
7
27
0
1
26
8
9
1812
1818
1824
1830
1807
1813
1819
1831
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1807
1815
1821
1825
1831
1837
1800
1812
1824
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1807
1813
1819
1825
1831
1806
1830
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1800
1812
1818
1830
1836
1813
1808
1736
36
1824 1824
1837
1813
1819
1825
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175
27
1
1
27
1
5
1818
1807
2700
0
2
6
4 1800
1806
1818
1806
1825
4
8
0
173
2710
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o
t
t
o
S
c
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-
-N
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a
S
u
r
v
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y
-
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2014\Diane Area ATAs Phase G\Maps\ATA2014-05002 Future LU
1.docx
Future Land Use Map 1 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
110 100
100
125
125
116.9
6
6
741421
15
1 2 3
4 5
24/07 24/08
24/09
2.62
6
6
6
0
60
60
6 0
50 50 60
60
6 0
50
6
0
25362
F
K
D E E G H I
J
J
9 10
11 12 13 14
15
16
1
2
1
2
3
7
8
9
5 6 7 8
910112
1 2 3 4 5
6
7
8
9
10
11
12
13
14
151617181920
11
12
13
14
15
16 1
2
3
4
5 12
13
14
15
16 1
2
3
4
5
6 11
12
13
14
15
16 1
2
3
4
5
6
12
13
14
15
16
17
1
2
3
4
5
6
7 12
13
14
15
16
17
18
19
1
2
15
16
4
5
11
1
1
11 A C(C)
I
RM
RL
RL
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RL
RL
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I
I
RM
SOUTH DR
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R
WOODRING DR
SUNSET POINT RD
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R
SKYLAND DR
AUDREY DR
MARILYN DR
2711
26
9
5
27
1
5
2
7
1
9
26
6
5
1836
27
0
1
27
6
2
1 8 6 1
1 8 4 9
2
7
1
827
1
0
26
7
4
26
5
8
26
6
5
26
7
1
26
6
0
26
6
6
26
7
2
26
8
4
26
9
6
27
5
1
27
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5
27
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26
9
7
26
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26
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26
8
3
26
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1
26
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1
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184226
7
5
1836
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26
9
8
2
7
0
0
2
7
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8
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7
3
0
2
7
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7
0
6
27
0
4
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-
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22222
1865
1863
26
9
1
26
9
3
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7
4
1
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7
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7
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1812
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7
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7
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8
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27
1
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26
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0
26
6
4
26
7
5
26
5
9
26
5
4
1824
1848
1837
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1819
1825
1831
1837
27
6
6
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27
0
9
1818
1 8 8 0
2
7
4
5
2
7
4
3
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7
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7
2
7
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5
2
7
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9
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o
t
t
o
S
c
a
l
e
-
-N
o
t
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S
u
r
v
e
y
-
RL
RL
RL
RM
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2014\Diane Area ATAs Phase G\Maps\ATA2014-05002 Future LU
2.docx
Future Land Use Map 2 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
50 50 50 60 60
60
50
50 50
60
66
66
66
13554
71
4
4
2
C D E E G H
L
A
7 6 6
3
3
15 161718192021 22 23 24 25 2627
2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15
1 2 3 45
8
9
10
11
12
13
14
15
16
17 1 23456 7
8
9
10
11
12
13
14
31
32
33
34
35
3637
38
39
40
41
4259
60
61
62
63
6465
66
67
68
69
70 10
11
12
13
14
15
16
17
181213141516
10
11
12
13
14
1516
17
18
19
20
21
EVANS DR
MORNINGSIDE DR
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LUCAS DR
AUDREY
DR
MARILYN DR
SKYLAND DR
CARLTON DR
CARDINAL DR
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RL
RL
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RL
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27
2
4
27
3
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26
3
7
1736
1741
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26
8
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6
26
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4
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1746
1750
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1762
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1778 27
1
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26
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1
26
4
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4
9
26
5
4
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6
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26
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26
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26
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7
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1831
27
2
3
27
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2720
2724
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26
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27
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1806
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173
174
174
175
176
1740
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27
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1
26
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26
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1813
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175
27
1
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27
2
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27
1
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2700
0
2
6
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1806
1818
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0
173
2710
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o
t
t
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c
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-
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a
S
u
r
v
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y
-
P
RL
RL
RL
RL
RL
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2014\Diane Area ATAs Phase G\Maps\ATA2014-05002 Zoning Map
1st.docx
Zoning Map 1 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
110 100
100
125
125
116.9
6
6
74142
15
1 2 3
4 5
24/07 24/08
24/09
2.62
6
6
6
0
60
60
6 0
50 50 60
60
6 0
50
6
0
25362
13554
F
K
D E E G H I
J
J
10
11 12 13 14
15
16
1
2
1
2
3
7
8
9
6 7 8
91011
1 2 3 4 5
6
7
8
9
10
11
12
13
14
151617181920
11
12
13
14
15
16 1
2
3
4
5
6 11
12
13
14
15
16 1
2
3
4
5
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12
13
14
15
16 1
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12
13
14
15
16
17
1
2
3
4
5
6
7 12
13
14
15
16
17
18
19
1
2
15
16
3
4
5
1
1
1
11 A C(C)
SOUTH DR
DIA
NE DR
WOODRING DR
SUNSET POINT RD
OWEN D
R
SKYLAND DR
AUDREY D
R
MARILYN DR
DIANE TER
AUDREY DR
I
LMDR
PC
MDR
LMDR
27
1
1
1865
26
9
5
27
1
5
27
6
7
2
7
1
9
26
6
5
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27
0
1
27
6
2
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2
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7
5
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1
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26
7
4
26
6
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8
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7
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26
9
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26
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1
26
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4
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7
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1 8 5 4
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22
7
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2
8
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27
1
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26
7
0
26
6
4
26
7
5
1824
1848
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1819
1825
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27
6
6
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27
0
9
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1 8 8 0
2
7
4
5
2
7
4
3
2
7
3
7
2
7
3
5
2
7
2
9
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o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
LMDR
LMDR
LMDR MDR
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2014\Diane Area ATAs Phase G\Maps\ATA2014-05002 Zoning Map
2.docx
Zoning Map 2 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
50 50 50 60 60
60
50
50 50
60
66
66
66
13554
71
4
4
2
C D E E G H
L
A
7 6 6
3
3
4
15 161718192021 22 23 24 25 2627
2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
3
4
5
6
7
8 9
10
11
12
13
14
15 2
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5
6
7
8 9
10
11
12
13
14
15 2
3
4
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6
7
8 9
10
11
12
13
14
15
1 2 3 45
8
9
10
11
12
13
14
15
16
17 1 23456 7
8
9
10
11
12
13
14
31
32
33
34
35
3637
38
39
40
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4259
60
61
62
63
6465
66
67
68
69
70 10
11
12
13
14
15
16
17
181213141516
10
11
12
13
14
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17
18
19
20
21
LMDR
LMDR
LMDRC
LMDR
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LMDR
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MORNINGSIDE DR
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LUCAS DR
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DR
MARILYN DR
SKYLAND DR
CARLTON DR
CARDINAL DR
N TERRACE DR
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OWEN DR
CARDINAL DR
TERRACE DR
27
2
4
27
3
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1767
26
3
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1736
1745
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26
8
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26
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6
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26
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27
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1
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2720
2724
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1806
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173
174
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1760
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26
6
0
1758
1766
1774
27
3
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27
1
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27
0
7
27
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1
26
8
9
1812
1818
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1836
1830
1807
1813
1819
1831
1837
1807
1815
1821
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1831
1837
1800
1812
1824
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1825
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1830
1836
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1808
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27
1
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27
1
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0
2
6
4 1800
1806
1818
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2710
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o
t
t
o
S
c
a
l
e
-
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o
t
a
S
u
r
v
e
y
-
P
P
P
LMDR
LMDR
LMDR
LMDR
LMDR
S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2014\Diane Area ATAs Phase G\Maps\ATA2014-05002 Existing
Uses 1.docx
Existing Surrounding Uses Map 1 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
110 100
100
125
125
116.9
6
6
741421
15
1 2 3
4 5
24/07 24/08
24/09
2.62
6
6
6
0
60
60
6 0
50 50 60
60
6 0
50
6
0
25362
F
K
D E E G H I
J
J
910
11 12 13 14
15
16
1
2
1
2
3
7
8
5 6 7 8
9101112
1 2 3 4 5
6
7
8
9
10
11
12
13
14
151617181920
12
13
14
15
16 1
2
3
4
5 12
13
14
15
16 1
2
3
4
5 12
13
14
15
16 1
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3
4
5
12
13
14
15
16
17
1
2
3
4
5
6 13
14
15
16
17
18
19
1
2
15
16
4
5
11
1
1
11 A C(C)
SOUTH DR
WOODRING DR
DIANE D
R
SUNSET POINT RD
OWEN D
R
SKYLAND DR
AUDREY DR
MARILYN DR
27111865
26
9
5
27
1
5
2
7
1
9
26
6
5
1836
27
0
1
27
6
2
1 8 6 1
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2
7
7
5
2
7
1
827
1
0
26
7
4
26
5
8
26
6
5
26
7
1
26
5
4
26
6
0
26
6
6
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8
4
26
9
6
27
5
1
27
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5
27
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1
26
9
7
26
9
5
26
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S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2014\Diane Area ATAs Phase G\Maps\ATA2014-05002 Existing
Uses 2.docx
Existing Surrounding Uses Map 2 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
50 50 50 60 60
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MORNINGSIDE DR
OWEN DR
LUCAS DR
AUDREY
DR
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CARLTON DR
CARDINAL DR
N TERRACE DR
AUDREY DR
OWEN DR
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SKYLAND DR
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1752 Evans Drive2718 Terrace Drive
2715 Morningside Drive2709 WoodringDrive
2700 Morningside Drive1813 Carlton Driveg
ANX2014-05002
“Diane” Area –Phase G (9 Lots)
Generally located south of Sunset Point Road, east of US 19, and north of State Road 590
Page 1 of 5
2738 WoodringDrive2741 South Drive
2723, 2725 South Drive Looking southerly along Evans Drive
Looking northerly along Evans DriveLooking westerly along North Terrace Drive
ANX2014-05002
“Diane” Area –Phase G (9 lots)
Generally located south of Sunset Point Road, east of US 19, and north of State Road 590
Page 2 of 5
Looking easterly along North Terrace DriveLooking westerly along Morningside Drive
Looking easterly along Morningside DriveLooking westerly along WoodringDrive
Looking easterly along WoodringDrive
ANX2014-05002
“Diane” Area –Phase G (9 Lots)
Generally located south of Sunset Point Road, east of US 19, and north of State Road 590
Page 3 of 5
Looking westerly along Morningside Drive
Looking easterly along Morningside DriveLooking northerly along Carlton Drive
Looking southerly along Carlton DriveLooking westerly along WoodringDrive
Lkitll Wdi Di LkitllSthDi
ANX2014-05002
“Diane” Area –Phase G (9 Lots)
Generally located south of Sunset Point Road, east of US 19, and north of State Road 590
Page 4 of 5
Looking easterly along Woodring Drive Looking westerly along South Drive
Looking easterly along South Drive
ANX2014-05002
“Diane” Area –Phase G (9 Lots)
Generally located south of Sunset Point Road, east of US 19, and north of State Road 590
Page 5 of 5
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-326
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve a two year extension to existing contract to Carl Eric Johnson, of Lawrenceville, GA
(BPO BR506957) for the purchase of Moyno Progressive Cavity Pumps and replacement
parts for the contract period November 1, 2014 through October 31, 2016, and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
Public Utilities operates and maintains thirty-nine progressive cavity pumps that are in service
at three Water Reclamation Facilities (WRFs), which are manufactured by Moyno, Inc.
(Moyno). The Moyno pumps are used to transfer sludges, biosolids and other high viscosity
fluids throughout the wastewater treatment processes. The City has standardized on the use
of Moyno pumps for high solids pumping applications due to the large investment of existing
equipment and the reliability of the equipment. Standardization of pumping equipment
reduces redesign/retrofit of the piping systems and overall down time, which is critical to
maintaining regulatory compliance at our wastewater treatment facilities. Standardization also
reduces the required stocking of parts and replacement pumps, and increases the cost
efficiency of maintenance operations.
On November 16, 2010, City Council approved a blanket purchase order to Carl Eric Johnson
for Moyno Progressive Cavity Pumps and replacements parts for the contract period
November 16, 2010 to October 31, 2012, in the amount of $125,000.00. The anticipated
demand for pumps and parts was based primarily on the previous two year (Fiscal Year 2008
and 2009) purchases totaling nearly $103,000. On October 18, 2012, City Council approved
the first date extension of this blanket purchase order, BR506957. That contract period was
November 1, 2012 through October 31, 2014. The current BPO balance is $63,723.58. The
amount used to purchase Moyno equipment over the last four years, $61,276.42, is
considerably less than projected. The reduction in repair and replacement cost for the Moyno
pumps is credited to an aggressive preventative maintenance program, prolonging the useful
life of the pumps. Public Utilities requests a contract time only extension of 2 years as the
balance of the BPO has sufficient funds at this time.
Carl Eric Johnson, Inc. (CEJ) is the sole authorized distributor of genuine Moyno pumps and
replacement parts in Florida and Georgia. Both CEJ and Moyno, Inc. have been contacted
regarding their respective business pricing strategies. Both companies have relayed that the
prices quoted to Clearwater by CEJ are the current Moyno Municipal Market Base pricing.
Moyno states that, "this allows us to keep our pricing competitive with our competition and
provides the very best pricing available to the municipal market." Furthermore, Moyno verifies
pricing from the distributor to the end customer by requiring copies of purchase orders to
Page 1 City of Clearwater Printed on 8/15/2014
File Number: ID#14-326
accompany factory orders. Sole source purchase of these pumps meet all requirements of
Section 2.564(1)(b) of the Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
Appropriation Code:Amount Appropriation Comment
0421-01351-551000-535-000-0000 $29,115.84 Fiscal Year 14/15
0421-01351-551000-535-000-0000 $31,905.38 Fiscal Year 15/16
0421-01351-551000-535-000-0000 $2,702.36 Fiscal Year 16/17
Sufficient budget is available to fund this contract in the Water & Sewer Utility Fund operating
cost center 0421-01351-550400-535-000-0000 , Water Reclamation Facility Operations, for
$29,115.84 of the Fiscal Year 14/15 year; is planned in the budget request to be brought
forward for Fiscal Year 15/16 in the amount of $31,905.38; and in Fiscal Year 16/17 in the
amount of $2,702.36.
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-379
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Disposal Fees - Pinellas County Solid Waste
Award a contract (purchase order) to Pinellas County Solid Waste for an operating
expenditure of $3,900,000 for the disposal of solid waste at the Pinellas County
waste-to-energy plant/landfill for the period October 1, 2014 through September 30, 2015 as
provided in the city’s Code of Ordinances, Section 2.564 (1) (d), Services provided by Other
Governmental Entities, and authorize the appropriate officials to execute same. (consent)
Pinellas County operates the only waste-to-energy plant and landfill in the county.
APPROPRIATION CODE AND AMOUNT:
Funds are available as part of the Fiscal Year 2014/15 Operating Budget of the Solid Waste
Fund. The allocation of the Dump Fees that were planned for Pinellas County Solid Waste is
as follows:
0-424-02082-543500-534-000-0000 (Residential Collection Dump Fees) $1,404,000
0-424-02083-543500-534-000-0000 (Commercial Collection Dump Fees) $1,677,000
0-424-02089-543500-534-000-0000 (Roll-Off Collection Dump Fees) $819,000
Page 1 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-380
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Disposal Fees - Angelo’s Recycled Materials
Award a contract (purchase order) to Angelo’s Recycled Materials, for operating expenditures
in the amount of $400,000 for the disposal of solid waste at their site for the period October 1,
2014 through September 30, 2015 as provided in the City’s Code of Ordinances, Section
2.561 and authorize the appropriate officials to execute the same. (consent)
SUMMARY:
The Solid Waste Department collects bulk trash, yard waste, and construction and demolition
debris from both commercial and residential customers. This trash and debris, which
excludes anything that could putrefy or produce leachate that poses a health or environmental
threat, is transported by city collection vehicles to the contractor’s State-permitted disposal
facilities.
During September 2012, the Purchasing Department advertised a request for bids (Bid 48-12)
for the disposal services described above. Angelo’s Recycled Materials was awarded a
contract by purchase order for the Fiscal 2012/13 time period.
Angelo’s Recycled Materials has provided the city with a letter stating that they would hold
their pricing at the current level for the twelve month period of October 1, 2014 through
September 30, 2015. This is the second (and final) renewal of an annual contract with the
same terms and conditions of the original contract.
APPROPRIATION CODES AND AMOUNTS:
Funds are available as part of the Fiscal Year 2014/15 Operating Budget of the Solid Waste
Fund. The allocation of the Dump Fees that were projected for Angelo’s Recycled Materials
are as follows:
·0-424-02082-543500-534-000-0000 (Residential Collection Dump Fees) $140,000
·0-424-02082-543500-534-000-0000 (Roll-Off Collection Dump Fees) $260,000
Page 1 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-359
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Appoint Paul A. Doric to fill the remainder of an unexpired term on the Airpark Advisory Board
through April 30, 2017. (consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Airpark Advisory Board
TERM: 4 Years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 5
CHAIRPERSON: Denise L. Rosenberger
MEETING DATES: Quarterly (1st Wed.) - Feb., May, Aug., Nov.
PLACE: Chambers - 3 p.m.
APPOINTMENTS NEEDED: 1
THE FOLLOWING ADVISORY BOARD HAS RESIGNED AND NOW REQUIRES
REPLACEMENT BY A NEW APPOINTEE:
1. Edward O’Brien, Jr. - 3376 Ferncliff Lane, 33761 - Retired College Professor
Original Appointment: 4/2/09 (Was serving 2nd term to expire 4/30/17)
Resigned
(Recently appointed to MAB)
THE FOLLOWING NAME IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCY:
1. Paul A. Doric - 1125 Union St., 33755 - Pilot
Zip codes of current members on board:
1 - 33755
1 - 33759
1 - 33761
1 - 33765
1 - 33767
Page 1 City of Clearwater Printed on 8/15/2014
File Number: ID#14-359
Page 2 City of Clearwater Printed on 8/15/2014
08/05/2014 12:40 7274431006
f
662_024,ve__Oot
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
CLEARWATER PAGE 01
Name: Ac),/ 1
Home Address:
2 .S 44N;o
Telephone: - -
Cell
How long a resident of Clearwater?
Occupation:„[
Field of Education:
1``
Office Address:
Telephone:
E -mail Address:,,,
If retired, former occupation:
Community Activities_
Employer: 4 74 4e 745 iftr. o. 4P
Other Work Experience;
Other Interests:
Board Service (current and past): Board Preference:
Additional Comments:
Signed: Date: - 4 lrf
See attached list for boards that require financial disclosure at time of appointment. Please
this application and board questionnaire to the Official Records & Legislative Services Departrh
O. Box 4748, Clearwater, EL 33758 -4748, or drop off your application at City Hall. 2nd Floor, 1
Osceola Avenue.
Note: Fa •' L. re , = t,, . r
rj he I
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limic' l cERIEDDeclarationofDomicilefiledwiththecityclerkaffirmingresidencywithinGIBtltlE
AUG 05 2014
OFFICIAL RECORDS
08/05/2014 12:40 7274431006 CLEARWATER
SOARD CluallMOMPWRE
1, WOW is your undersloridna t Ire boirtfs *Nies mid riseponstietiss?
J 1./
off 1-11 01.;EL.,Accile
a 1144 ' •
PAGE 02
2 Have you ever obeetved sboavd rneebng eslher w person or ori C-Virmo, 111* City. 1V 14100017
Iz
3 Mat background and/or quakiricaboris do you have *lot rau %Ns would gummy you k 'Dove an
this Board?
inie.11.1.1. /.14,_„Ntrieftcd- vet,'
AAte,,4 -rue -
frsts _
1'14' Pa;-f
A, Why do you want to serve on this Board?
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-401
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 9.2
SUBJECT/RECOMMENDATION:
Provide direction regarding September 2, 2014 work session start time.
SUMMARY:
The Annual Tampa Bay Buccaneers Luncheon will take place Tuesday, September 2 from
Noon to 1:30 p.m. at the Grand Hyatt Tampa Bay. Council has traditionally attended the
event.
Staff is recommending that the work session begin at 2:30 p.m.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-371
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Schedule an Attorney-Client session at 5:00 p.m. on September 4, 2014, to discuss the
settlement offer received in the case of Bair v. City.
SUMMARY:
On or about April 2001, the Plaintiffs submitted a building application to Planning and
Development to remodel their property in Island Estates. Because the property is
below the 100-year flood elevation and is located in a "V" flood zone, the Community
Development Code requires any "substantial improvements" to existing structures to
comply with the flood damage-resistance provisions, including that the structure be
elevated. "Substantial Improvement” is defined as the reconstruction, rehabilitation,
addition or other improvement of a structure during a one-year period, the cost of
which
equals or exceeds 50 percent of the market value of the structure before the start of
the construction of the improvement.
The Building Official required the Plaintiffs to submit a non-substantial improvement
application and related materials demonstrating that the work was not a substantial
improvement. The City initially issued a building permit in July 2011 and Plaintiffs
began work in August of that year. The City then placed a Stop Work Order on the
property because Building determined that in fact the work constituted a substantial
improvement. The Plaintiffs appealed this determination to the Building/Flood Board of
Adjustment and Appeals; the Board ruled in favor of the City. The Plaintiffs did not
further appeal the Board’s decision to Circuit Court, but instead began the process,
which resulted in the filing of this lawsuit.
The Plaintiffs’ suit has two counts, one under the Bert J. Harris, Jr. Private Property
Rights Protection Act and a second for Equitable Estoppel. The Plaintiffs claim that
they have lost market value on their property due to their partial demolition of the
structure in alleged reliance on the issuance of the permit and due to their alleged
inability to complete the renovations.
The City has pleaded a number of defenses to the action. The Plaintiff has recently
made a settlement offer to the City, and the City Attorney is requesting an
attorney-client session to discuss this settlement offer.
Page 1 City of Clearwater Printed on 8/15/2014
File Number: ID#14-371
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 2 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-367
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: City Manager Verbal
Report
In Control: Council Worksession
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Extended Pool / Library Hours
SUMMARY:
N/A
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-402
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Worksession
Agenda Number: 13.1
SUBJECT/RECOMMENDATION:
Mandalay Park - Councilmember Hamilton
SUMMARY:
N/A
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-403
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Worksession
Agenda Number: 13.2
SUBJECT/RECOMMENDATION:
Appointment of a subcommittee to discuss Downtown Issues - Councilmember Jonson
SUMMARY:
N/A
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-404
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Worksession
Agenda Number: 13.3
SUBJECT/RECOMMENDATION:
Modify City Council Agenda - Councilmember Jonson
SUMMARY:
Councilmember Jonson is requesting consideration to modify the City Council meeting agenda
to add an item at the end of the meeting before closing comments called “Other New
Business.” This item would allow discussion of new items that come up after the Worksession
(i.e., appointment of a Downtown Council Subcommittee).
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-375
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Worksession
Agenda Number: 17.1
SUBJECT/RECOMMENDATION:
Habitat for Humanity - Mr. Sutton, CEO, and Mr. Ron Spoor, Ex VP.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-377
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 1
File Type: Presentation(s) for
Council Meeting
In Control: Council Worksession
Agenda Number: 17.2
SUBJECT/RECOMMENDATION:
Clearwater High School Update - Principal Keith Mastorides
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 8/15/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-411
Agenda Date: 8/18/2014 Status: Agenda ReadyVersion: 3
File Type: Presentation(s) for
Council Meeting
In Control: Council Worksession
Agenda Number: 17.3
SUBJECT/RECOMMENDATION:
Hispanic Heritage Month Proclamation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 8/15/2014