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09/02/2014Tuesday, September 2, 2014 2:30 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Worksession Work Session Agenda September 2, 2014Council Worksession Work Session Agenda 1. Call to Order 2. Presentations American Public Works Association (APWA), Top Ten Public Works Leaders of the Year - Tracy Mercer 2.1 3. Office of Management and Budget Set final millage rate of 5.1550 mills for fiscal year 2014/15 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 8584-14 on first reading. 3.1 Approve the City of Clearwater Annual Operating Budget for the 2014/15 fiscal year and pass Ordinance 8585-14 on first reading. 3.2 Approve the Fiscal Year 2014/15 Annual Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8586-14 on first reading. 3.3 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2014/15 through 2019/20. 3.4 4. Economic Development and Housing Approve State Housing Initiatives Partnership (SHIP) Program annual reports for fiscal years 2011-2012, 2012-2013 and 2013-2014. 4.1 5. Finance Approve the purchase of excess liability, excess workers compensation, and numerous specialty insurance policies from October 1, 2014 through September 30, 2015 at an amount not-to-exceed $695,000, and authorize the appropriate officials to execute same. (consent) 5.1 6. Parks and Recreation Approve Request for Proposal 35-14 (RFP) rankings for the operation and maintenance of the Barefoot Beach House located at 332 S. Gulfview Blvd. and allow staff to negotiate a lease agreement with Fields, Inc. of Clearwater, Florida, for a term of five years with one renewable term of five years. (consent) 6.1 7. Police Department Page 2 City of Clearwater Printed on 8/28/2014 September 2, 2014Council Worksession Work Session Agenda Approve a Traffic Enforcement Agreement between the City of Clearwater and Coachman Reserve Condominium Association, Inc. to provide the City of Clearwater traffic control jurisdiction of the private roads within the Coachman Reserve Condominium property to authorize Clearwater Police Officers to enforce Florida Uniform Traffic Control Laws and authorize the appropriate officials to execute same. (consent) 7.1 Red Light Camera Update (WSO)7.2 8. Engineering Award a contract (blanket purchase order) to Pinellas County Solid Waste in the amount of $250,000 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 9. 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) 9.1 Provide direction on the proposed Development Agreement between Alanik Properties; Anco Holdings, LLC; Nikana Holdings, LLC (the property owners) 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 September 18, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-06004) 9.2 Provide City Council with Planning and Development Staff’s substantive comments regarding the updated Countywide Plan Map and request approval to transmit to the Pinellas Planning Council. 9.3 10. Legal Page 3 City of Clearwater Printed on 8/28/2014 September 2, 2014Council Worksession Work Session Agenda Adopt Ordinance 8575-14 on second reading, amending 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. 10.1 Adopt Ordinance 8580-14 on second reading, amending Section 22.35 of the City of Clearwater Code of Ordinances, to clarify areas where fishing on public beaches is restricted. 10.2 Adopt Ordinance 8573-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office 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). 10.3 Adopt Ordinance 8574-14 on second reading, amending the Zoning Atlas of the city by rezoning certain real property 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). 10.4 Adopt Ordinance 8577-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 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, and 1813 Carlton Drive, all in Clearwater, Florida 33769, together with certain rights of way 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 Drainage Feature Overlay. 10.5 Adopt Ordinance 8576-14 on second reading, annexing certain real property 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, and 1813 Carlton Drive, all in Clearwater, Florida 33769, together with certain rights of way 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 additions. 10.6 Page 4 City of Clearwater Printed on 8/28/2014 September 2, 2014Council Worksession Work Session Agenda Adopt Ordinance 8578-14 on second reading, amending the Zoning Atlas by zoning certain real property 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, and 1813 Carlton Drive, all in Clearwater, Florida 33769, together with certain rights of way of: South Drive, Woodring Drive, Morningside Drive, Evans Drive and Terrace Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Preservation (P). 10.7 Adopt Ordinance 8579-14 on second reading, 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 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. 10.8 Authorize the City Attorney to allocate an additional $25,000 to cover outside counsel costs in the appeal of the case of Thomas Petersen and Inge Spatuzzi v. City of Clearwater, Case No. 13-008224-CI. 10.9 11. City Manager Verbal Reports North Clearwater Beach Sand Dunes/Sea Oats11.1 Update on plans for City Centennial11.2 12. City Attorney Verbal Reports 13. Council Discussion Item Suncoast League of Cities Candidate Forum - Councilmember Jonson13.1 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 Hispanic Heritage Month Proclamation17.1 Sickle Cell Awareness Proclamation - Tony Hinson, Sickle Cell Disease Association of Upper Pinellas, Pasco and Hernando Counties 17.2 Page 5 City of Clearwater Printed on 8/28/2014 September 2, 2014Council Worksession Work Session Agenda PTA Reflections Week Proclamation - Tracy Joyce, Plumb Elementary PTA President; Karla Moreno, VP Programs; and Judi Hurst, Reflections Chairperson 17.3 International Day of Peace Proclamation: Bill Houser, Words of Peace Global Foundation 17.4 Constitution Week Proclamation - Elizabeth Warner of the Daughters of the American Revolution 17.5 Page 6 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-434 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Worksession Agenda Number: 2.1 SUBJECT/RECOMMENDATION: American Public Works Association (APWA), Top Ten Public Works Leaders of the Year - Tracy Mercer SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8584-14 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Managment & Budget Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Set final millage rate of 5.1550 mills for fiscal year 2014/15 against non-exempt real and personal property within the City of Clearwater and pass Ordinance 8584-14 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the Determination of Millage and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a tentative millage rate of 5.1550 mills on July 17, 2014, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 5.1550 mills represents a 5.92% increase from the rolled back rate of 4.8667 mills. Ordinance 8584-14 is presented in order to adopt the millage rate of 5.1550 mills to support the operating and capital improvement budgets for the 2014/15 fiscal year. Page 1 City of Clearwater Printed on 8/28/2014 Ordinance No. 8584-14 MILLAGE ORDINANCE ORDINANCE NO. 8584-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.1550 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.1550 MILLS CONSTITUTES A 5.92% INCREASE FROM THE ROLLED BACK RATE OF 4.8667 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2014, and ending September 30, 2015, from ad valorem taxes is $40,700,100; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.1550 mills are necessary to generate $40,700,100; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.1550 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 2014. Section 2. The levy of 5.1550 mills constitutes a 5.92% increase from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2014. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: _____________________________ _________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Fiscal Year: 2014 -2015 FUND FY 2013/14 FY 2014/15 Increase General Fund $ 114,923,880$ 117,008,550 2% Utility 141,939,510 147,851,460 4% Enterprise 9,349,950 9,534,490 2% InternalService 50,412,530 52,327,450 4% Special Revenue 14,124,860 16,483,760 17% Capital 44,425,910 48,483,540 9% Department FY 2013/14 FY 2014/15 Increase Police $ 36,329,010$ 36,849,710 1% Fire 23,891,470 23,944,250 0% Parks & Recreation 21,135,600 22,360,110 6% Library 5,959,470 6,070,250 2% Planning/DevSvc 4,838,370 4,887,680 1% Engineering 7,588,090 7,569,460 0% AllOther Departments 15,181,870 15,327,090 1% TOTAL $114,923,880$117,008,550 2% Major PointsMajor Points Balanced Budget No Use of Reserves Salaries Fully Funded Pension Relief Balanced Budget No Use of Reserves Salaries Fully Funded Pension Relief $117.0 Million Public Safety 52% Parks and Recreation 19%Library 5% Engineering 7% Planning and Development 4%Adm/Other 13% $117.0 Million Personnel 68% Operating 17% Internal Service 12% Debt 0% Transfers 3% 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 1,900.7 1,954.3 1,846.5 1,703.9 1,689.5 1,709.2 Full Time Equivalent Positions $0 $20 $40 $60 $80 $100 $120 $140 $102.5 $121.9 $121.1 $111.5 $113.4 $117.0 General Fund History CPI Million Source FY 2013/14 FY 2014/15 Increase Ad ValoremTax $ 36,453,700$ 38,779,620 6% Utility Taxes 13,588,250 14,182,400 4% Other Taxes 8,260,650 7,604,780 (8%) Franchise Fees 10,163,930 10,090,000 (1%) Intergovernmental 19,068,590 19,578,310 3% Charges for Service 13,663,630 14,227,040 4% Transfers In 7,798,490 8,008,410 3% All Other Revenue 4,503,220 4,902,000 9% Use of Reserves 1,423,420 0(100%) TOTAL $114,923,880$117,372,560 2% $0 $2 $4 $6 $8 $10 $12 200520062007200820092010 2011 2012 2013 2014 $ 8.6 $ 11.1 $ 8.9 $7.6 $7.7 $8.2 Property Values Billion $0 $10 $20 $30 $40 $50 $60 $53.3 $46.2 $39.1 $37.2 $40.7 Ad Valorem Tax Revenues Million Millage Rate Current Millage Rate5.155 mills Proposed rate 5.155 mills 5.92% increase over rolled-back rate Rolled-back rate 4.8667 mills Homesteaded Property Save Our Homes Cap –1.5% 2013 2014 Increase Taxable Value $ 100,000 $ 101,500 $ 1,500 City Taxes $515.50 $523.23 $ 7.73 21.2599mills Clearwater 24% School Board 37% Pinellas County 29% Other Agencies 10% UtilityRateIncreases October1,2014 WATER & SEWER 4.5% SOLID WASTE 0% GAS 0% RECYCLING 3.5% STORMWATER 2.75% Public Hearings September 4 September 18 Fiscal Year: 2014 -2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8585-14 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Managment & Budget Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve the City of Clearwater Annual Operating Budget for the 2014/15 fiscal year and pass Ordinance 8585-14 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the budget. The adoption of this ordinance and the related ordinances adopting the 2014/15 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 30, 2014, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement Budget that outlined proposed estimates of revenues and expenditures for the 2014/15 fiscal year. On July 14, 2014, the City Manager presented the preliminary budget at the work session for Council discussion. The preliminary budget was also presented at the July 17, 2014 council meeting for citizen input. After the Preliminary budget was released, updated property value estimates were received from the Pinellas County Property Appraiser on July 1st which results in the recognition of additional general property tax revenues. Upon Council action at the August 20, 2014 meeting, expanded Library hours were added for the Beach Library for fiscal year 2014/15, and expanded pool hours were added for fiscal year 2014/15 at each outdoor pool for weekends through the end of September. These are the only changes to the preliminary budget at this time. A worksheet detailing the changes made to date on the final budget for fiscal year 2014/15 is available. Page 1 City of Clearwater Printed on 8/28/2014 Ordinance No. 8585-14 OPERATING BUDGET ORDINANCE ORDINANCE NO. 8585-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2014, and ending September 30, 2015; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in City Hall on September 4, 2014, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2014, and ending September 30, 2015, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached as Exhibit A, and a summary of which is attached as Exhibit B. Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Ordinance No. 8585-14 Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2014. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Page 1 Special Special Local Housing Total General Development Program Assistance Trust Governmental GOVERNMENTAL FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 19,773,508 3,693,467 21,727,641 - 45,194,616 Budgeted Revenues Ad Valorem Taxes 38,779,620 1,920,480 40,700,100 Utility Taxes 14,182,400 14,182,400 Local Option, Fuel & Other Taxes 7,604,780 10,877,670 18,482,450 Franchise Fees 10,090,000 10,090,000 Other Permits and Fees 2,220,500 2,220,500 Intergovernmental Revenue 19,578,310 1,026,250 499,550 21,104,110 Charges for Services 14,227,040 221,180 14,448,220 Judgements, Fines and Forfeits 1,034,000 1,034,000 Miscellaneous Revenues 1,647,500 35,000 50,000 1,732,500 Transfers In 8,008,410 238,000 8,246,410 Other Financing Sources 0 0 TOTAL BUDGETED REVENUES 117,372,560 13,054,330 1,314,250 499,550 132,240,690 TOTAL REVENUES, TRANSFERS, AND BALANCES 137,146,068 16,747,797 23,041,891 499,550 177,435,306 Budgeted Expenditures City Council 278,880 278,880 City Manager's Office 1,091,940 1,091,940 City Attorney's Office 1,629,360 1,629,360 City Audit 196,560 196,560 Economic Development and Housing 1,583,830 1,583,830 Engineering 7,569,460 7,569,460 Finance 2,073,730 2,073,730 Fire 23,944,250 23,944,250 Human Resources 1,056,010 1,056,010 Library 6,070,250 6,070,250 Marine & Aviation 870,720 870,720 Non-Departmental 3,941,910 3,941,910 Office of Management & Budget 313,570 313,570 Official Records and Legislative Services 1,002,630 1,002,630 Parks and Recreation 22,360,110 22,360,110 Planning and Development 4,887,680 4,887,680 Police 36,849,710 165,000 37,014,710 Public Communications 1,012,470 1,012,470 Public Utilities 275,480 275,480 General Government Services 712,650 3,000 715,650 Economic Environment 1,026,250 499,550 1,525,800 Culture and Recreation 70,000 70,000 Transfers Out 14,007,310 14,007,310 TOTAL BUDGETED EXPENDITURES 117,008,550 14,719,960 1,264,250 499,550 133,492,310 Fund Balances/Reserves/Net Assets 20,137,518 2,027,837 21,777,641 - 43,942,996 TOTAL EXPENDITURES AND BALANCES 137,146,068 16,747,797 23,041,891 499,550 177,435,306 EXHIBIT A CITY OF CLEARWATER 2014-15 BUDGET Ordinance No. 8585-14 Page 2 Water Stormwater Solid Total & Sewer Utility Waste Gas Recycling Utility UTILITY FUNDS Fund Fund Fund Fund Fund Funds Balances Brought Forward 51,427,407 30,510,709 26,063,237 35,661,377 2,882,115 146,544,845 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees 1,000 300 1,300 Intergovernmental Revenue Charges for Services 70,472,170 16,942,940 19,071,000 40,170,020 1,780,080 148,436,210 Judgements, Fines and Forfeits 271,000 50,000 85,100 150,000 7,700 563,800 Miscellaneous Revenues 1,246,240 231,700 564,000 483,400 386,750 2,912,090 Transfers In 300,000 300,000 Other Financing Sources TOTAL BUDGETED REVENUES 71,989,410 17,224,640 19,721,100 40,803,420 2,474,830 152,213,400 TOTAL REVENUES, TRANSFERS, AND BALANCES 123,416,817 47,735,349 45,784,337 76,464,797 5,356,945 298,758,245 Budgeted Expenditures Water & Sewer Fund Public Utilities Administration 1,056,980 1,056,980 Wastewater Collection 7,362,400 7,362,400 Public Utilites Maintenance 3,929,730 3,929,730 WPC Plant Operations 16,349,420 16,349,420 WPC Laboratory Operations 1,304,530 1,304,530 WPC Industrial Pretreatment 844,440 844,440 Water Distribution 12,565,920 12,565,920 Water Supply 10,714,310 10,714,310 Reclaimed Water 2,365,340 2,365,340 Non-Departmental 13,913,530 13,913,530 Stormwater Fund Stormwater Management 10,682,600 10,682,600 Stormwater Maintenance 6,524,810 6,524,810 Solid Waste Administration 1,066,530 1,066,530 Collection 16,113,370 16,113,370 Transfer 1,621,590 1,621,590 Container Maintenance 845,500 845,500 Gas Fund Administration and Supply 23,547,790 23,547,790 Pinellas Gas Operations 7,387,730 7,387,730 Pasco Gas Operations 2,765,000 2,765,000 Gas Marketing and Sales 3,815,140 3,815,140 Recycling Fund Residential 1,206,750 1,206,750 Multi Family 421,840 421,840 Commercial 1,446,210 1,446,210 TOTAL BUDGETED EXPENDITURES 70,406,600 17,207,410 19,646,990 37,515,660 3,074,800 147,851,460 Fund Balances/Reserves/Net Assets 53,010,217 30,527,939 26,137,347 38,949,137 2,282,145 150,906,785 TOTAL EXPENDITURES AND BALANCES 123,416,817 47,735,349 45,784,337 76,464,797 5,356,945 298,758,245 EXHIBIT A CITY OF CLEARWATER 2014-15 BUDGET Ordinance No. 8585-14 Page 3 Clearwater Total Harbor Other Airpark Marine Marine Parking Enterprise OTHER ENTERPRISE FUNDS Fund Fund Fund Fund Funds Balances Brought Forward 123,648 285,288 1,252,951 7,529,223 9,191,110 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue 50,000 50,000 Charges for Services 7,000 4,666,840 595,000 3,047,910 8,316,750 Judgements, Fines and Forfeits 1,000 1,500 600,000 602,500 Miscellaneous Revenues 261,560 37,000 6,000 671,900 976,460 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 268,560 4,704,840 652,500 4,319,810 9,945,710 TOTAL REVENUES, TRANSFERS, AND BALANCES 392,208 4,990,128 1,905,451 11,849,033 19,136,820 Budgeted Expenditures Airpark Fund Airpark Operations 207,810 207,810 Marine Fund Marina Operations 4,526,360 4,526,360 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 554,280 554,280 Parking Fund Parking System 3,038,930 3,038,930 Parking Enforcement 601,880 601,880 Beach Guard Operations 605,230 605,230 TOTAL BUDGETED EXPENDITURES 207,810 4,526,360 554,280 4,246,040 9,534,490 Fund Balances/Reserves/Net Assets 184,398 463,768 1,351,171 7,602,993 9,602,330 TOTAL EXPENDITURES AND BALANCES 392,208 4,990,128 1,905,451 11,849,033 19,136,820 EXHIBIT A CITY OF CLEARWATER 2014-15 BUDGET Ordinance No. 8585-14 Page 4 Administrative General Central Service Service Garage Insurance INTERNAL SERVICE FUNDS Fund Fund Fund Fund Total Balances Brought Forward 6,776,820 1,269,623 5,555,412 11,967,175 25,569,030 Budgeted Revenues Ad Valorem Taxes Utility Taxes Local Option, Fuel & Other Taxes Franchise Fees Other Permits and Fees Intergovernmental Revenue Charges for Services 10,002,220 4,433,090 14,464,540 22,049,200 50,949,050 Judgements, Fines and Forfeits Miscellaneous Revenues 105,000 20,000 410,000 807,230 1,342,230 Transfers In Other Financing Sources TOTAL BUDGETED REVENUES 10,107,220 4,453,090 14,874,540 22,856,430 52,291,280 TOTAL REVENUES, TRANSFERS, AND BALANCES 16,884,040 5,722,713 20,429,952 34,823,605 77,860,310 Budgeted Expenditures Administrative Services Fund Information Technology/Administration 389,240 389,240 Network Services 2,651,540 2,651,540 Software Applications 2,835,660 2,835,660 Telecommunications 808,010 808,010 Courier 153,430 153,430 Clearwater Customer Service 3,416,920 3,416,920 - General Services Fund - Administration 474,270 474,270 Building and Maintenance 3,912,160 3,912,160 - Garage Fund - Fleet Maintenance 14,123,740 14,123,740 Radio Communications 724,280 724,280 - Central Insurance Fund - Risk Management 426,600 426,600 Employee Benefits 357,310 357,310 Employee Health Center 1,782,790 1,782,790 Non-Departmental 20,271,500 20,271,500 TOTAL BUDGETED EXPENDITURES 10,254,800 4,386,430 14,848,020 22,838,200 52,327,450 Fund Balances/Reserves/Net Assets 6,629,240 1,336,283 5,581,932 11,985,405 25,532,860 TOTAL EXPENDITURES AND BALANCES 16,884,040 5,722,713 20,429,952 34,823,605 77,860,310 EXHIBIT A CITY OF CLEARWATER 2014-15 BUDGET Ordinance No. 8585-14 Page 1 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Balances Brought Forward 45,194,616 146,544,845 9,191,110 25,569,030 226,499,601 Budgeted Revenues Ad Valorem Taxes 40,700,100 40,700,100 Utility Taxes 14,182,400 14,182,400 Local Option, Fuel & Other Taxes 18,482,450 18,482,450 Franchise Fees 10,090,000 10,090,000 Other Permits and Fees 2,220,500 1,300 2,221,800 Intergovernmental Revenue 21,104,110 50,000 21,154,110 Charges for Services 14,448,220 148,436,210 8,316,750 50,949,050 222,150,230 Judgements, Fines and Forfeits 1,034,000 563,800 602,500 2,200,300 Miscellaneous Revenues 1,732,500 2,912,090 976,460 1,342,230 6,963,280 Transfers In 8,246,410 300,000 8,546,410 Other Financing Sources TOTAL BUDGETED REVENUES 132,240,690 152,213,400 9,945,710 52,291,280 346,691,080 TOTAL REVENUES, TRANSFERS, AND BALANCES 177,435,306 298,758,245 19,136,820 77,860,310 573,190,681 Budgeted Expenditures City Council 278,880 278,880 City Manager's Office 1,091,940 1,091,940 City Attorney's Office 1,629,360 1,629,360 City Audit 196,560 196,560 Economic Development and Housing 1,583,830 1,583,830 Engineering 7,569,460 7,569,460 Finance 2,073,730 2,073,730 Fire 23,944,250 23,944,250 Human Resources 1,056,010 1,056,010 Library 6,070,250 6,070,250 Marine & Aviation 870,720 870,720 Non-Departmental 3,941,910 3,941,910 Office of Management & Budget 313,570 313,570 Official Records and Legislative Services 1,002,630 1,002,630 Parks and Recreation 22,360,110 22,360,110 Planning and Development 4,887,680 4,887,680 Police 37,014,710 37,014,710 Public Communications 1,012,470 1,012,470 Public Services 275,480 275,480 General Government Services 715,650 715,650 Economic Environment 1,525,800 1,525,800 Culture and Recreation 70,000 70,000 Transfers Out 14,007,310 14,007,310 Water & Sewer Fund Expenditures Public Utilities Administration 1,056,980 1,056,980 Wastewater Collection 7,362,400 7,362,400 Public Utilites Maintenance 3,929,730 3,929,730 WPC Plant Operations 16,349,420 16,349,420 WPC Laboratory Operations 1,304,530 1,304,530 WPCIndustrial Pretreatment 844,440 844,440 Water Distribution 12,565,920 12,565,920 Water Supply 10,714,310 10,714,310 Reclaimed Water 2,365,340 2,365,340 Non-Departmental 13,913,530 13,913,530 Stormwater Fund Stormwater Management 10,682,600 10,682,600 Stormwater Maintenance 6,524,810 6,524,810 EXHIBIT B CITY OF CLEARWATER 2014-15 BUDGET Ordinance No. 8585-14 Page 2 Total Total Total Total Other Internal Total Governmental Utility Enterprise Service All ALL FUNDS Funds Funds Funds Funds Funds Budgeted Expenditures Solid Waste Administration 1,066,530 1,066,530 Collection 16,113,370 16,113,370 Transfer 1,621,590 1,621,590 Container Maintenance 845,500 845,500 Gas Fund Administration and Supply 23,547,790 23,547,790 Pinellas Gas Operations 7,387,730 7,387,730 Pasco Gas Operations 2,765,000 2,765,000 Gas Marketing and Sales 3,815,140 3,815,140 Recycling Fund Residential 1,206,750 1,206,750 Multi Family 421,840 421,840 Commercial 1,446,210 1,446,210 Airpark Fund Airpark Operations 207,810 207,810 Marine Fund Marina Operations 4,526,360 4,526,360 Clearwater Harbor Marine Fund Clearwater Harbor Marina Operations 554,280 554,280 Parking Fund Parking System 3,038,930 3,038,930 Parking Enforcement 601,880 601,880 Beach Guard Operations 605,230 605,230 Administrative Services Fund Information Technology/Administration 389,240 389,240 Network Services 2,651,540 2,651,540 Software Applications 2,835,660 2,835,660 Telecommunications 808,010 808,010 Courier 153,430 153,430 Clearwater Customer Service 3,416,920 3,416,920 General Services Fund Administration 474,270 474,270 Building and Maintenance 3,912,160 3,912,160 Garage Fund Fleet Maintenance 14,123,740 14,123,740 Radio Communications 724,280 724,280 Central Insurance Fund Risk Management 426,600 426,600 Employee Benefits 357,310 357,310 Employee Health Center 1,782,790 1,782,790 Non-Departmental 20,271,500 20,271,500 TOTAL BUDGETED EXPENDITURES 133,492,310 147,851,460 9,534,490 52,327,450 343,205,710 Fund Balances/Reserves/Net Assets 43,942,996 150,906,785 9,602,330 25,532,860 229,984,971 TOTAL EXPENDITURES AND BALANCES 177,435,306 298,758,245 19,136,820 77,860,310 573,190,681 2014-15 BUDGET EXHIBIT B CITY OF CLEARWATER Ordinance No. 8585-14 Currently Proposed Final Proposed Change Ordinance General General GOVERNMENTAL FUNDS Fund Fund Balances Brought Forward 19,773,508 19,773,508 Budgeted Revenues Ad Valorem Taxes 38,389,230 390,390 (1)38,779,620 Utility Taxes 14,182,400 14,182,400 Local Option, Fuel & Other Taxes 7,604,780 7,604,780 Franchise Fees 10,090,000 10,090,000 Other Permits and Fees 2,220,500 2,220,500 Intergovernmental Revenue 19,578,310 19,578,310 Charges for Services 14,222,040 5,000 (2)14,227,040 Judgements, Fines and Forfeits 1,034,000 1,034,000 Miscellaneous Revenues 1,647,500 1,647,500 Transfers In 8,008,410 8,008,410 Other Financing Sources 0 0 TOTAL BUDGETED REVENUES 116,977,170 395,390 117,372,560 TOTAL REVENUES, TRANSFERS, AND BALANCES 136,750,678 395,390 137,146,068 Budgeted Expenditures City Council 278,880 278,880 City Manager's Office 1,091,940 1,091,940 City Attorney's Office 1,629,360 1,629,360 City Audit 196,560 196,560 Economic Development and Housing 1,583,830 1,583,830 Engineering 7,569,460 7,569,460 Finance 2,073,730 2,073,730 Fire 23,944,250 23,944,250 Human Resources 1,056,010 1,056,010 Library 6,053,870 16,380 (3)6,070,250 Marine & Aviation 870,720 870,720 Non-Departmental 3,941,910 3,941,910 Office of Management & Budget 313,570 313,570 Official Records and Legislative Services 1,002,630 1,002,630 Parks and Recreation 22,345,110 15,000 (4)22,360,110 Planning and Development 4,887,680 4,887,680 Police 36,849,710 36,849,710 Public Communications 1,012,470 1,012,470 Public Utilities 275,480 275,480 TOTAL BUDGETED EXPENDITURES 116,977,170 31,380 117,008,550 Fund Balances/Reserves/Net Assets 19,773,508 364,010 20,137,518 TOTAL EXPENDITURES AND BALANCES 136,750,678 395,390 137,146,068 (4) To recognize an additional $15,000 of expenditures budgeted for expanded pool hours for fiscal year 2014/15 approved by the City Council on August 20, 2014. General Fund Operating Budget 2014/15 As Amended for Final Budget Ordinance for September 4, 2014 Public Hearing (1) To recognize an additional $390,390 of general property tax revenues based upon July 1st estimates provided by the Pinellas County Property Appraiser. (2) To recognize an additional $5,000 of revenue anticipated to be generated from expanded pool hours for fiscal year 2014/15 approved by the City Council on August 20, 2014. (3) To recognize an additional $16,380 of expenditures budgeted for expanded hours at the Beach Library for fiscal year 2014/15 approved by the City Council on August 20, 2014. FY 14/15 FY 14/15 Currently Proposed Final Proposed Change Approved FTEs Inc / (Dec)FTEs GENERAL FUND 1023.4 Parks and Recreation - Pool Guards 0.4 (1) Library - Library Assistant 0.7 (2) TOTAL, GENERAL FUND 1023.4 1.1 1024.5 TOTAL, UTILITY FUNDS 453.5 453.5 OTHER ENTERPRISE 56.8 Parking - Customer Service Representative 1.0 (3) TOTAL, OTHER ENTERPRISE 56.8 1.0 57.8 TOTAL, INTERNAL SERVICES 151.1 151.1 SPECIAL PROGRAM 24.1 Human Trafficking Grant (1.8)(4) TOTAL, SPECIAL PROGRAM 24.1 (1.8) 22.3 TOTAL, ALL FUNDS 1708.9 0.3 1709.2 (1) To recognize an additional 0.4 FTE's for expanded pool hours for FY14/15 as approved by the City Council on 08/20/14. (2) To recognize an additional 0.7 FTE's for expanded hours at the Beach Library for FY14/15 as approved by the City Council on 08/20/14. (3) To recognize an additional 1.0 FTE for customer service functions of Parking Enforcement as approved by the City Council on 08/20/14. (4) To correct an error in the Preliminary Budget, Human Trafficking Grant funding ended 9/30/13. FULL TIME EQUIVALENT SUMMARY OF POSITIONS Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8586-14 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Office of Managment & Budget Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Approve the Fiscal Year 2014/15 Annual Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8586-14 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearing to adopt the final budget. The adoption of this ordinance and the related ordinances adopting the 2014/15 millage rate and operating budget are an integral part of fulfilling these requirements. On June 30, 2014, the City Manager provided the City Council with a Preliminary Annual Operating and Capital Improvement that outlined estimates of revenues and expenditures for the 2014/15 fiscal year. On July 14, 2014 the City Manager presented the preliminary budget at the work session for Council discussion. The preliminary budget was also presented at the July 17, 2014 council meeting for citizen input. No changes have been made to the preliminary plan as presented. Page 1 City of Clearwater Printed on 8/28/2014 Ordinance No. 8586-14 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 8586-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 2014, and ending September 30, 2015; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in the City Hall upon said proposed budget on September 4, 2014; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2014, and ending September 30, 2015, a Ordinance No. 8586-14 copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2014. PASSED ON FIRST READING AS AMENDED _____________________ PASSED ON SECOND READING _____________________ AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: _____________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Budgeted Revenues GENERAL SOURCES:2014/15 General Operating Revenue 2,345,100 General Revenue/County Co-op 635,000 Road Millage 1,920,480 Penny for Pinellas 6,972,740 Transportation Impact Fee 190,000 Local Option Gas Tax 1,424,090 Special Program Fund 35,000 Donations 100,000 SELF SUPPORTING FUNDS: Marine Revenue 120,000 Clearwater Harbor Marina Fund 15,000 Airpark Revenue 15,000 Parking Revenue 357,500 Utility System: Water Revenue 4,764,700 Sewer Revenue 5,900,460 Water Impact Fees 10,300 Sewer Impact Fees 12,460 Utility R & R 3,397,460 Stormwater Utility Revenue 5,804,850 Gas Revenue 4,000,000 Solid Waste Revenue 520,000 Recycling Revenue 90,000 INTERNAL SERVICE FUNDS: Garage Revenue 232,000 Administrative Services Revenue 710,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 1,014,400 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water & Sewer 232,000 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 7,265,000 Lease Purchase - Administrative Services 400,000 TOTAL ALL FUNDING SOURCES:$48,483,540 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15 Exhibit A Ordinance No. 8586-14 Budgeted Expenditures FUNCTION:2014/15 Police Protection 1,775,000 Fire Protection 5,007,240 Major Street Maintenance 3,369,570 Sidewalk and Bike Trails 472,000 Intersections 335,000 Parking 287,500 Miscellaneous Engineering 35,000 Parks Development 1,860,000 Marine Facilities 548,000 Airpark Facilities 15,000 Libraries 635,000 Garage 7,697,000 Maintenance of Buildings 645,000 Miscellaneous 1,070,000 Stormwater Utility 5,804,850 Gas System 4,000,000 Solid Waste 520,000 Utilities Miscellaneous 110,000 Sewer System 7,617,380 Water System 6,590,000 Recycling 90,000 TOTAL PROJECT EXPENDITURES $48,483,540 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2014/15 Ordinance No. 8586-14 Function 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 Total Police Protection 1,775,000 1,775,000 Fire Protection 5,007,240 1,526,390 4,750,820 2,738,130 5,443,940 1,391,340 20,857,860 Major Street Maintenance 3,369,570 3,303,120 5,314,790 5,301,540 5,301,540 3,301,540 25,892,100 Sidewalk and Bike Trails 472,000 472,000 472,000 472,000 472,000 473,250 2,833,250 Intersections 335,000 335,000 335,000 331,990 315,410 315,400 1,967,800 Parking 287,500 10,081,000 290,500 281,000 282,500 284,000 11,506,500 Miscellaneous Engineering 35,000 35,000 35,000 35,000 35,000 2,460,000 2,635,000 Parks Development 1,860,000 2,859,000 3,537,000 3,345,840 4,900,000 6,920,000 23,421,840 Marine Facilities 548,000 488,000 498,000 503,000 503,000 512,000 3,052,000 Airpark Facilities 15,000 15,000 115,000 15,000 1,215,000 15,000 1,390,000 Libraries 635,000 707,500 665,000 665,000 665,000 665,000 4,002,500 Garage 7,697,000 4,060,970 3,120,970 3,082,190 3,144,660 3,208,400 24,314,190 Maintenance of Buildings 645,000 345,050 355,400 366,060 1,927,050 838,380 4,476,940 Miscellaneous 1,070,000 7,700,000 950,000 950,000 980,000 1,355,000 13,005,000 Stormwater Utility 5,804,850 5,818,550 5,825,100 5,831,860 6,325,950 6,729,430 36,335,740 Gas System 4,000,000 4,000,000 4,000,000 4,000,000 4,000,000 4,000,000 24,000,000 Solid Waste 520,000 510,000 510,000 510,000 510,000 510,000 3,070,000 Utilities Miscellaneous 110,000 60,000 20,000 20,000 20,000 20,000 250,000 Sewer System 7,617,380 17,571,000 17,617,420 25,610,000 37,600,000 19,400,000 125,415,800 Water System 6,590,000 15,970,000 5,485,000 9,705,000 6,635,000 6,745,000 51,130,000 Recycling 90,000 90,000 100,000 100,000 100,000 100,000 580,000 48,483,540 75,947,580 53,997,000 63,863,610 80,376,050 59,243,740 381,911,520 Exhibit B Schedule of Planned Expenditures CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2014-2015 THROUGH FY 2019-2020 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Ordinance No. 8586-14 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-383 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: ReportIn Control: Office of Managment & Budget Agenda Number: 3.4 SUBJECT/RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2014/15 through 2019/20. SUMMARY: On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the Penny for Pinellas project funding of $500,000 or more. Changes to the Penny for Pinellas projects that meet this criteria in the proposed 2014/15 capital improvement budget and six-year plan include the following: ·The Police Range Improvement project has been established in the amount of $1,700,000 for the reconstruction of the Police firing range. ·The New AC System/Chiller for Police and MSB Facilities project has been established in the amount of $1,750,000. ·The Hangar “C” Replacement project has been established in the amount of $240,000 providing for the demolition and rebuilding of this hangar at the City’s Clearwater Airpark. ·The Fire Engine Replacement project has been increased in the amount of $549,830 to include the replacement of one of the City’s front line fire engines. Page 1 City of Clearwater Printed on 8/28/2014 CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, September 4, 2014 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2014/15 through 2019/20 totaling $59,158,679 to fund capital projects under the Penny for Pinellas Plan. Significant changes to the plan include:  Police Range Improvement – This project has been established in the amount of $1,700,000 for the reconstruction of the Police firing range at the Countryside Substation, which will include a new baffling and bullet containment system.  New AC System/Chiller for Police and MSB Facilities – This project has been established in the amount of $1,750,000 for the replacement of the air conditioning and chiller systems at the main Police Station and the Municipal Services Buildings.  Fire Engine Replacement - The infrastructure tax funding for this project has been increased in the amount of $549,830 to include the replacement of one of the City’s front line fire engines.  Replace Hangar “C” – This project has been established in the amount of $240,000 providing for the demolition and rebuilding of this hangar at the City’s Clearwater Airpark. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Rosemarie Call, CMC City of Clearwater City Clerk P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Penny III Total Penny III Approved Proposed Amended Total Projects Changes Projects 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 Approved Beginning Balance:3,067,999 2,007,027 1,590,231 2,877,474 8,866,276 8,522,370 3,067,999 9,453,575 9,689,914 9,932,162 10,180,466 10,434,978 4,231,940 53,923,036 Gulf Boulevard Reimbursement 670,838 670,838 1,341,676 1,341,676 1,341,676 5,366,704 13,192,412 12,367,779 12,864,070 14,399,616 20,642,930 12,754,310 62,357,739 High Priority Downtown Intermodal Facility 2,425,000 2,425,000 2,425,000 2,425,000 Police Vehicles 400,000 400,000 200,000 100,000 100,000 400,000 Fire Engines 571,820 549,830 1,121,650 549,830 571,820 1,121,650 Countryside Fire Station 3,297,910 3,297,910 3,297,910 3,297,910 Lakeview Fire Station 4,198,460 4,198,460 400,000 3,798,460 4,198,460 Clearwater Beach Fire Station 4,305,560 4,305,560 400,000 3,905,560 4,305,560 Police - Range Improvements 1,700,000 1,700,000 1,700,000 1,700,000 New AC System/Chiller - Police and MSB 1,750,000 1,750,000 1,300,000 450,000 1,750,000 Airpark - Replace Hangar C 240,000 240,000 240,000 240,000 Medium Priority City-wide Seawall Replacement 1,702,000 1,702,000 283,000 283,000 283,000 283,000 283,000 287,000 1,702,000 Traffic Calming 1,020,000 1,020,000 170,000 170,000 170,000 170,000 170,000 170,000 1,020,000 Coachman Park Redevelopment 5,000,000 5,000,000 5,000,000 5,000,000 New Sidewalk Construction 2,833,250 2,833,250 472,000 472,000 472,000 472,000 472,000 473,250 2,833,250 Low Priority Downtown Streetscaping 6,000,000 6,000,000 2,000,000 2,000,000 2,000,000 6,000,000 208,340 Youth Sports Fields Renovations 1,989,840 (31,500) 1,958,340 239,840 1,750,000 1,958,340 Neighborhood Parks Renovations 4,500,000 4,500,000 1,250,000 1,250,000 1,250,000 750,000 4,500,000 Moccasin Lake Park Master Plan Renov 400,000 400,000 400,000 400,000 Countryside Community Park Renovations 100,000 100,000 100,000 100,000 Joe DiMaggio Press Box & Storage 268,500 31,500 300,000 300,000 268,500 300,000 EC Moore 8 & 9 Renovations/Press Box 175,000 175,000 175,000 175,000 Frank Tack Park Parking Lot 399,500 399,500 399,500 399,500 Countryside Plex Restroom/Concession 656,500 656,500 656,500 656,500 Bicycle Paths-Bridges 3,000,000 (750,000) 2,250,000 750,000 750,000 750,000 750,000 2,250,000 Undesignated Future Penny Projects 6,750,000 6,750,000 6,750,000 6,750,000 Total Penny III Projects 49,993,340 53,483,170 Interfund Transfer/Debt Costs First Station #45 - Principal 2,090,339 2,090,339 670,838 670,838 748,663 2,090,339 First Station #45 - Interest 85,170 85,170 41,807 28,390 14,973 85,170 Capitol Theatre - (To repay Central Ins Fund)3,500,000 3,500,000 3,500,000 3,500,000 55,668,849 3,489,830 59,158,679 11,185,385 10,777,548 9,986,596 5,533,340 12,120,560 9,555,250 59,158,679 2,007,027 1,590,231 2,877,474 8,866,276 8,522,370 3,199,060 3,199,060 Penny III Proceeds Penny for Pinellas - Funding Changes Planned Project Expenditures Estimated Revenue Fiscal Years 2014/15 - 2019/20 Estimated Available Balance Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-418 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve State Housing Initiatives Partnership (SHIP) Program annual reports for fiscal years 2011-2012, 2012-2013 and 2013-2014. SUMMARY: The Florida Legislature enacted the William E. Sadowski Affordable Housing Act (Act) in 1992. The Act created a dedicated revenue source for state and local housing trust funds. This dedicated revenue source funds state and local housing programs and assists local governments in meeting the housing needs of its population. The Act created the State Housing Initiatives Partnership (SHIP) Program. Given the state’s budget shortfalls, funding for the SHIP Program was drastically reduced during these fiscal years. The City received $96,986 for Fiscal Year (FY) 2011-2012, $42,274 for FY 2012-2013 and $158,624 for FY 2013-2014. The City received program income of $201,727.57 for FY 2011-2012, $129,794.44 for FY 2012-2013 and $128,960.13 for FY 2013-2014. We mainly use SHIP funds and SHIP program income to match federal program dollars to continue existing housing programs. All local governments receiving SHIP funds must submit to the Florida Housing Finance Corporation their annual reports by September 15 of every year. The annual reports provide details of expended funds, encumbered funds and a proposal of any unused funds. The reports also provide information on the strategies funded, the number of households served, income category, age, family size, race and data regarding any special needs populations such as homeless persons, persons with disabilities and the elderly. The report is submitted electronically to the State. Through the SHIP Program, Economic Development and Housing has provided funding for the following housing activities: down payment and closing costs assistance, the rehabilitation of owner-occupied single-family dwellings, and the acquisition and rehabilitation of two rental-properties. For FY 2011-2012 (the close-out year), the City assisted 14 households through its down payment assistance and rehabilitation strategies. The City also assisted 4 more clients through matching contributions for the rehabilitation of Norton Apartments and for the acquisition and rehabilitation of a single-family dwelling for Kimberly Home. For FYs 2012-2013 and 2013-2014, projects are still ongoing. SHIP funding is important to the City’s economy as evidenced by FY 2011-2012 report where the City expended $301,344 in SHIP dollars to leverage the following funds: •$436,055 in other public funds •$1,152,643 private funds Page 1 City of Clearwater Printed on 8/28/2014 File Number: ID#14-418 •$49,331 owner contribution This shows a ratio of every $1 of SHIP funding; the City leverages $5.43 in other funding sources. Specifically, for every $1 of SHIP funding, there are almost $4 in private dollars. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-421 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Finance Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the purchase of excess liability, excess workers compensation, and numerous specialty insurance policies from October 1, 2014 through September 30, 2015 at an amount not-to-exceed $695,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department purchases certain excess and specialty insurance coverages through the efforts of Arthur J. Gallagher and Company. These coverages include: an excess liability package through Lloyds of London for coverages including General Liability, Automobile, Employee Benefits Liability, Public Officials Liability, Personal Injury Law Enforcement Liability, Marine Operator ’s Liability, EMS Liability, and Compressed Natural Gas Liability; an excess workers compensation package through Safety National for coverages including Workers Compensation and Employer Liability; and additional excess policies for Third Party Storage Tank Liability, Hull Protection and Indemnity, Cyber Liability, and numerous Flood property policies. Risk Management is pleased to provide a very favorable October 1, 2014 renewal at a time that many underwriters are seeking increases in the range of 10% to 15%. Risk Management staff previously secured an agreement (October 2013) from the excess liability and workers compensation underwriters to keep the City ’s rates flat for the October 2014 renewal as long as the City’s loss history remained favorable. The City’s loss history did remain favorable through fiscal 2013 and the City was actually able to obtain a rate decrease of 2.7% for the workers compensation coverage, with no change in the Lloyd’s of London excess liability premium. Risk Management is estimating 10% increases for the other excess policies and 12% increases for the various flood policies. The City ’s total estimate for the October 1, 2014 renewals reflects a $2,237, or 0.3%, increase over the October 1, 2013 approved budget and a $7,486, or 1.1%, increase over actual paid for Fiscal Year 2014. The total requested amount of $695,000 remains unchanged from last year ’s Council approval due to a $2,237 decrease in requested contingency. APPROPRIATION CODE AND AMOUNT: 0590-07000-545100-519-000-0000 $695,000.00 Page 1 City of Clearwater Printed on 8/28/2014 Excess and Specialty Insurance Renewals:FY2013-2014 FY2013-2014 FY2014-2015 % Increase/Decr % Increase/Decr October 1, 2014 thru Sept 30, 2015 Approved Budget Actual Paid Requested from FY13/14 Budget from FY13/14 Actual $500K SIR; $600K W/C SIR Excess Gen Liab / Auto / Employee Benefits/WC/Public Officials/Law Enforc./Marine Oper/EMS/CNG Liab 586,802.88 564,011.02 559,761.02 -4.6%-0.8% Third Party Storage Tank Liability 11,327.36 11,118.82 12,230.70 8.0%10.0% Hull & P&I 8,154.00 8,854.00 9,739.40 19.4%10.0% Cyber Liability - 13,957.00 15,352.70 10.0% Flood: 651 N. Old Coachman Rd 1,167.04 1,111.00 1,244.32 6.6%12.0% Flood: 653 N. Old Coachman Rd 1,090.88 1,039.00 1,163.68 6.7%12.0% Flood: 180 Gulfview 14,738.08 13,787.00 15,441.44 4.8%12.0% Flood: 534 Mandalay Ave 9,892.96 11,049.00 12,374.88 25.1%12.0% Flood: 700 Bayway Blvd 1,644.16 1,543.00 1,728.16 5.1%12.0% Flood: 1 Causeway Blvd 3,877.44 3,483.00 3,900.96 0.6%12.0% Flood: 1001 Gulf Blvd 1,081.92 1,129.00 1,264.48 16.9%12.0% Flood: 1605 Harbor Dr 1,229.76 1,156.00 1,294.72 5.3%12.0% Flood: 601 N. Old Coachman Rd (BH Field)1,666.56 1,677.00 1,878.24 12.7%12.0% Flood: 25 Causeway Blvd 8,151.36 9,103.00 10,195.36 25.1%12.0% Flood: 69 Bay Esplanade 9,712.64 10,847.00 12,148.64 25.1%12.0% Flood: 3141-3157 Gulf to Bay 12,181.12 13,604.00 15,236.48 25.1%12.0% Total All Policies 672,718.16 667,468.84 674,955.18 0.3%1.1% Contingency 22,281.84 - 20,044.82 -10.0% Total All Policies and Contingency 695,000.00 667,468.84 695,000.00 Excess Insurance Renewal for 2014-2015 Broker: Arthur J. Gallagher City of Clearwater Risk Management 08/18/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-429 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve Request for Proposal 35-14 (RFP) rankings for the operation and maintenance of the Barefoot Beach House located at 332 S. Gulfview Blvd. and allow staff to negotiate a lease agreement with Fields, Inc. of Clearwater, Florida, for a term of five years with one renewable term of five years. (consent) SUMMARY: The current agreement with Fields, Inc. to operate the Barefoot Beach House (BBH) expires on December 31, 2014. On June 16, 2014 the City issued RFP 35-14 to solicit interested parties in the operation of the BBH from January 1, 2015 to December 31, 2019 with one renewable term of five years. On July 16, 2014 the City received two qualified proposals; Fields, Inc. of Clearwater, Florida and Boucher Brothers Clearwater Beach, LLC. On August 21, 2014, after oral presentations by both proposers the RFP committee (Jay Ravins, Geri Lopez, Kevin Dunbar, Gina Clayton and Art Kader) recommend the following rankings for the two proposals. 1.Fields, Inc. of Clearwater, Florida 2.Boucher Brothers Clearwater Beach, LLC. If for some reason staff cannot negotiate an acceptable lease agreement with Fields, Inc. then they will move forward with attempting to negotiate an agreement with Boucher Brothers. It should be pointed out that both proposals were excellent and the RFP committee felt that either party would be acceptable and do an excellent job for the City. The proposals were ranked by the following criteria: a.Successful experience in State of Florida and Pinellas County providing similar services b.Longevity of proposer providing these types of services c.Successful experience in Florida managing and operating a public building d.Financial return to City that is in the best interest of the citizens of Clearwater e.Proven financial stability and resources available to fulfill contract f.Documented involvement and service to the community g.Responsiveness and completeness of RFP Page 1 City of Clearwater Printed on 8/28/2014 File Number: ID#14-429 The ranking of both proposals were very close but the decision to rank Fields, Inc. as number one came down primarily on the issue of the potential financial return to the City and strong community relationships. Fields, Inc. proposal provides for a greater opportunity for the City to make more revenue than the Boucher Brothers proposal; while the Boucher Brothers proposal provides for a greater guarantee to the City over the term of the agreement. Guarantee return from Boucher Brothers was $500,000 while Fields, Inc. was $100,008 per year. However, the percentage on beach rentals and percentage on additional concessions revenue by Fields, Inc. was substantially higher than Boucher Brothers. Percentage returns on beach rentals for Fields was 50% compared to 10% for Boucher Brothers. Formulas were developed to analyze the potential return scenarios based on calendar year 2013 and in all scenarios where there is any growth potential in concessions or rentals Fields, Inc. proposal yields substantially more revenue to the City. However if there were a down turn in the economy and the gross revenues per year decreased by 1% then the Boucher Brothers scenario would be higher in terms of total return to the City. Based on 2013 gross revenue the City would receive $602,979 from Fields, Inc. and $596,767 from Boucher Brothers. The 2014 gross revenue as of July 31st is running 12.8% higher than in 2013; (21.7%) in beach rentals and (3.8%) in concession sales. And, there is no indication that this revenue will decrease with the additional new developments coming to Clearwater Beach as well as projected growth in tourism. While Boucher Brothers has been very active in supporting and partnering with both non-profit and civic organizations in the areas they have business in, contributing both time and money (over $200,000 in 2012 and 2013), they have not contributed to any Clearwater community groups or organizations. On the other hand Fields, Inc. has deep roots in the community and has been a part of and contributed to the fabric of the community for over 20 year. In addition to monetary assistance for over 30 organizations they have been active on local boards and civic groups as well as developing and sponsoring Sunsets at Pier 60 and Sugar Sand Festival as part of Fun N Sun Festivals. If the ranking is approved by Council, staff will negotiate a new agreement with Fields, Inc. to be brought back to Council for approval at a later date. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Page 2 City of Clearwater Printed on 8/28/2014 File Number: ID#14-429 N/A Page 3 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-398 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a Traffic Enforcement Agreement between the City of Clearwater and Coachman Reserve Condominium Association, Inc. to provide the City of Clearwater traffic control jurisdiction of the private roads within the Coachman Reserve Condominium property to authorize Clearwater Police Officers to enforce Florida Uniform Traffic Control Laws and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Uniform Traffic Control Laws often contain an element requiring the location of the offense be committed while the violator is traveling on a public road or highway. This limits the ability of law enforcement officers to take enforcement action on private roads that are controlled and maintained by a homeowners’ association. The representatives from the Coachman Reserve Condominium Association contacted the Clearwater Police Department requesting additional traffic enforcement of traffic violations that are occurring on the private roads of the Coachman Reserve Condominium Association. The private roads are named Carriage Lane and Lantern Way and are located south of Palmetto Street, in the vicinity between Hercules Avenue and Belcher Road. Florida State Statute 316.006(2)(b) authorizes a municipality to exercise traffic control jurisdiction over any private roads when the party or parties owning or controlling the private roads authorize such jurisdiction by written agreement approved by the governing body of the municipality. The Police Department seeks approval of this agreement so it can effectively address traffic complaints that are reported to occur on the private roads of Coachman Reserve Condominium. The City of Clearwater has a similar agreement with the Spring Lake Home Owners Association. There are no direct costs associated with this agreement. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 File Number: ID#14-398 N/A Page 2 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-423 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: ReportIn Control: Police Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Red Light Camera Update (WSO) SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 CLEARWATER POLICE DEPARTMENT Traffic Safety Improvement Program July 1, 2012 to June 30, 2014 Red Light Cameras were installed at two intersections to help reduce the number of red light running crashes and injuries or fatalities associated with these crashes. The City of Clearwater identified three approaches at two intersections w/ a higher rate of red light running and red light running crashes based on data from 2009 to 2010. Redflex Inc., is the company that is managing the program for the City. The “Warning” and “Public Education” campaign began on July 1, 2012 and concluded on July 30, 2012. The “Notice of Violation” period commenced on July 31, 2012 at 0001 hours. Currently, CPD monitors Red Light Cameras at three approaches at two intersections. •Fort Harrison Ave. & Chestnut St. (Eastbound) •Gulf to Bay Blvd. & Belcher Rd. (Eastbound) •Gulf to Bay Blvd. & Belcher Rd. (Westbound) Chestnut St. & S. Fort Harrison Ave. Violations TimePeriod Total Violations Total Vehicle Count Violation Rate Base Study (January 2012) N/A N/A .8500% July2012 to June 2013 3,321 6,136,558 .0527% July 2013 to June 2014 1,880 6,155,185 .0305% Violation Rate Chestnut St. & S. Fort Harrison Ave 0.00% 0.01% 0.02% 0.03% 0.04% 0.05% 0.06% 0.07% 0.08% 0.09% Jul-12 Jan-13 Yellow Jan-14 Jun-14 Gulf to Bay Blvd. and Belcher Rd. (E/B) Violations TimePeriod Total Violations Total Vehicle Count Violation Rate Base Study (January 2012) N/A N/A .3000% July2012 to June 2013 3,139 6,845,708 .0459% July 2013 to June 2014 1,149 6,268,439 .0183% VIOLATION RATE GULF TO BAY AND BELCHER (E/B) 0.00% 0.01% 0.02% 0.03% 0.04% 0.05% 0.06% 0.07% Ju l-12 Jan -13 Ye ll ow Jan -14 Ju n -14 Gulf to Bay Blvd. and Belcher Rd. (W/B) Violations TimePeriod Total Violations Total Vehicle Count Violation Rate Base Study (January 2012) N/A N/A .4400% July2012 to June 2013 4,363 7,151,097 .0610% July 2013 to June 2014 2,755 6,842,911 .0403% VIOLATION RATE GULF TO BAY AND BELCHER (W/B) 0.00% 0.01% 0.02% 0.03% 0.04% 0.05% 0.06% 0.07% 0.08% 0.09% Jul-12 Jan-13 Yellow Jan-14 Jun-14 July 2012-June 2014 Violation Total 5111 4288 7118 0 1000 2000 3000 4000 5000 6000 7000 8000 Total Violations Chestnut/Ft. Harrison Gulf to Bay/Belcher (EB) Gulf to Bay/Belcher (WB) Chestnut / Fort Harrison GTB/ Belcher (EB) GTB/ Belcher (WB) Total Violations 5,111 4,288 7,118 16,517 CRASH DATA TOTAL LONG FORM CRASHES FOR PINELLAS COUNTY AND CITY OF CLEARWATER Pinellas County 7/1/2011 to 6/30/2012 14209 7/1/2012 to 6/30/2013 14139 -0.49% 7/1/2013 to 6/30/2014 16692 +18% Clearwater 7/1/2011 to 6/30/2012 1403 7/1/2012 to 6/30/2013 1262 -10.05% 7/1/2013 to 6/30/2014 1154 -8.56% CRASH DATA INJURY DEFINED CRASHES Chestnut / Ft. Harrison Year Total Crashes Fatal Crashes Injury Crashes (Incapacitating) Injury Crashes (Non- Incapacitating) July 2011- June2012 2 0 1 1 July 2012-June 2013 9 0 0 1 July 2013-June 2014 11 0 0 0 CRASH DATA INJURY DEFINED CRASHES Gulf to Bay / Belcher Year Total Crashes Fatal Crashes Injury Crashes (Incapacitating) Injury Crashes (Non- Incapacitating) July 2011-June 2012 29 0 8 0 July 2012-June 2013 120 0 5 4 July 2013-June 2014 104 1 4 5 CRASH DATA TOTAL CRASHES AT RED LIGHT CAMERA INTERSECTIONS 11 29 14 29 111 104 0 20 40 60 80 100 120 7/1/11 -6/30/12 7/1/12 -6/30/13 7/1/12 -6/30/14 Ft. Harrison/Ches tnut Gulf to Bay/Belcher CRASH DATA LONG FORM CRASH REPORTS FOR RED LIGHT CAMERA INTERSECTIONS 11 10 3 28 37 37 0 5 10 15 20 25 30 35 40 7/1/11-6/30/12 7/1/12-6/30/14 7/1/13/6/30/14 Chestnut/Ft. Harrison Gulf to Bay/Belcher CRASH DATA TOTAL CRASHES FROM RED LIGHT VIOLATIONS 2 1 0 1 5 3 0 1 2 3 4 5 6 7/1/11-6/30/12 7/1/12-6/30/13 7/1/13-6/30/14 Ft. Harrison/Ches tnut Gulf to Bay/Belcher *Short form crash reports not included 7/1/11- 6/30/2012* CRASH DATA PERCENTAGE OF REAR-END COLLISION CRASHES AT RED LIGHT CAMERA INTERSECTIONS Percentage of Rear End Collisions toTotal Crashes Chestnut and Fort Harrison Gulf to Bay & Belcher 7/1/2011 to 6/30/2012 36.36%58.62% 7/1/2012 to 6/30/2013 38.10%50.45% 7/1/2013 to 6/30/2014 28.57%44.23% CRASH DATA PERCENTAGE OF REAR- END COLLISION CRASHES AT RED LIGHT CAMERA INTERSECTIONS 36.36%38.10% 28.57% 58.62% 50.45%44.23% 0% 10% 20% 30% 40% 50% 60% 70% 7/1/11 -6/30/12 7/1/12 -6/30/13 7/1/13 -6/30/14 Chestnut/Ft. Harrison Gulf to Bay/Belcher CRASH DATA TOTAL REAR-END COLLISION CRASHES AT RED LIGHT CAMERA INTERSECTIONS 4 8 4 17 56 46 0 10 20 30 40 50 60 7/1/11-6/30/12 7/1/12-6/30/13 7/1/13-6/30/14 Ft. Harrison/Che stnut Gulf to Bay/Belcher CRASH DATA Percentage of Crashes from Red Light Violations Percentage of Red Light Crashes to Total Crashes Chestnut & Fort Harrison Gulf to Bay & Belcher 7/1/2011 to 6/30/2012 18.18%3.45% 7/1/2012 to 6/30/2013 4.76%4.50% 7/1/2013to 6/30/2014 0%2.88% CRASH DATA Percentage of Crashes from Red Light Violations 18.18% 4.76% 0% 3.45%4.50%2.88% 0% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20% 7/1/11-6/30/12 7/1/12-6/30/13 7/1/13-6/30/14 Chestnut/Ft. Harrison Gulf to Bay/Belcher FINANCIAL INFORMATION Red Light Cameras This information ties directly to what is showing on G/L as of 07/30/14.There are some pending transactions that haven’t hit G/L at this time. Revenues Account Description Amount 0010-00000-354110 Red Light Camera Fines $241,419.77 $241,419.77 Total Expenses Account Description Amount 0010-01139-510200 Part-Time Salaries & Wages $3,182.35 0010-01139-510600 Vacation Leave $0.00 0010-01139-512700 Holiday Time $361.98 0010-01139-520600 Social Security $265.04 0010-01139-520900 Workers Compensation $710.00 0010-01139-530300 Other Contractual Services $130,102.50 0010-01139-542500 Postage $5,610.15 0010-01139-550400 Operating Supplies & Materials $0.00 $140,232.02 Overall Total:$101,187.75 Accident Investigation Assistance School Crossing Guard Doug Carey Investigation Motorcycle Flip CLEARWATER POLICE DEPARTMENT Traffic Safety Improvement Program July 1, 2012 to June 30, 2014 MONTH VIOLATIONS VEH COUNT VIOL RATE Chestnut St. and S. Fort Harrison Ave. Jul 2012 296 Aug 2012 335 Sep 2012 349 Oct 2012 319 Nov 2012 235 Dec 2012 218 Jan 2013 278 Feb 2013 258 Mar 2013 44 Apr 2013 116 May 2013 440 Jun 2013 343 Jul 2013 401 Aug 2013 296 Sep 2013 156 Oct 2013 54 Nov 2013 56 Dec 2013 86 Jan 2014 72 Feb 2014 96 Mar 2014 154 Apr 2014 142 May 2014 193 Jun 2014 174 Grand Total 5,111 467,116 539,186 476,891 487,973 450,269 460,357 506,053 497,374 605,591 559,731 569,558 516,459 564,430 500,204 444,422 461,313 450,605 476,704 465,531 500,574 602,120 574,732 557,658 556,892 12,291,743 0.0633% 0.0621% 0.0731% 0.0653% 0.0522% 0.0474% 0.0549% 0.0519% 0.0073% 0.0207% 0.0773% 0.0664% 0.0710% 0.0592% 0.0035% 0.0012% 0.0124% 0.0180% 0.0155% 0.0192% 0.0256% 0.0025% 0.0035% 0.0312% 0.0416% MONTH VIOLATIONS VEH COUNT VIOL RATE Gulf to Bay Blvd. and Belcher Rd. (E/B) Jul 2012 165 Aug 2012 407 Sep 2012 381 Oct 2012 241 Nov 2012 267 Dec 2012 307 Jan 2013 310 Feb 2013 280 Mar 2013 263 Apr 2013 96 May 2013 192 Jun 2013 230 Jul 2013 207 Aug 2013 109 Sep 2013 128 Oct 2013 56 Nov 2013 64 Dec 2013 53 Jan 2014 62 Feb 2014 73 Mar 2014 105 Apr 2014 116 May 2014 83 Jun 2014 93 Grand Total 4,288 479,351 639,912 596,532 503,923 573,322 598,260 547,391 529,162 669,635 621,850 587,955 498,415 533,951 406,986 479,923 616,060 543,135 565,493 545,037 497,814 596,452 498,534 538,860 446,194 13,114,147 0.0344% 0.0636% 0.0639% 0.0478% 0.0466% 0.0513% 0.0566% 0.0529% 0.0393% 0.0154% 0.0327% 0.0461% 0.0388% 0.0268% 0.0267% 0.0091% 0.0118% 0.0094% 0.0114% 0.0147% 0.0018% 0.0232% 0.0015% 0.0208% 0.0327% MONTH VIOLATIONS VEH COUNT VIOL RATE Gulf to Bay Blvd. and Belcher Rd. (W/B) 0.0787% 0.0621% 0.0548% 0.0557% 0.0561% 0.0590% 0.0615% 0.0601% 0.0475% 0.0457% 0.0763% 0.0762% 0.0717% 0.0784% 0.0726% 0.0302% 0.0209% 0.0254% 0.0248% 0.0280% 0.0389% 0.0319% 0.0335% 0.0393% 0.0507% Jul 2012 491 Aug 2012 403 Sep 2012 306 Oct 2012 347 Nov 2012 332 Dec 2012 355 Jan 2013 380 Feb 2013 350 Mar 2013 297 Apr 2013 267 May 2013 414 Jun 2013 421 Jul 2013 343 Aug 2013 411 Sep 2013 404 Oct 2013 197 Nov 2013 116 Dec 2013 159 Jan 2014 154 Feb 2014 171 Mar 2014 245 Apr 2014 153 May 2014 195 Jun 2014 207 Grand Total 7,118 623,605 648,910 558,559 622,731 590,965 601,312 618,071 582,525 625,275 584,067 542,437 552,640 478,112 523,975 556,220 653,024 555,537 626,689 621,566 609,918 629,248 479,695 582,152 526,775 13,994,008 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-376 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Award a contract (blanket purchase order) to Pinellas County Solid Waste in the amount of $250,000 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) SUMMARY: Pinellas County operates the only waste to energy plant/landfill in the county. The National Pollutant Discharge Elimination System permit that the Stormwater Maintenance Division operates under requires the disposal of all debris generated from the street sweepers, vac-con operation and ditch/catch basin cleaning to a landfill disposal site. APPROPRIATION CODE AND AMOUNT: 0419-02090-543500-539-000-0000 $250,000 Funding for this agreement is included in the 2014/15 City Manager’s Recommended Stormwater Maintenance Operating Budget for Dump Fees. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-303 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 9.1 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 8/28/2014 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 8/28/2014 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 8/28/2014 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 8/28/2014 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. LA N D S C A P E A R E A LANDSCAPE ARE A HA M D E N D R I V E 5TH STREET C O R N A D O D R I V E EXISTING TWO STORYHOTEL EX I S T I N G O N E S T O R Y HO T E L LA N D S C A P E A R E A P/ L P/ L P/L P/ L P/L P/ L P/ L P/ L 1 SC A L E : 1 ' = 2 0 ' SI T E P L A N 10 ' S I D E W A L K BU I L D I N G EN T R A N C E / E X I T PA V E R P L A Z A PA V E R P L A Z A PO O L GRAD E PARKIN G 10 ' S I D E W A L K GREEN SCREEN @LEVEL 3 GARAGE GR E E N S C R E E N @ LE V E L 3 G A R A G E GR E E N S C R E E N @ LE V E L 3 G A R A G E CLEARWATER, FL IT E M : DA T E : MA I 1 4 . 0 3 IS S U E D A T E : MAINSTREAM PARCEL C PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 0 2 RE S P O N S E T O C O M M E N T S 7. 8 . 2 0 1 4 1 A1 _ 0 SI T E P L A N RE T A I L 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " LE V E L O N E 15'-0" FIFTH STREET S. HAMDEN D R . CORO N A D O D R . HC HC HC HC DROP-OFF 10'-0" 10'-0" RA M P U P 12 % M A X 55 S p a c e s 6 4 10 9 12 6 5 EL E V A T O R LO B B Y HC 2 SO L I D W A S T E 5' - 0 " BA L C O N Y AB O V E ST A I R A ST A I R B PARKING GARAGEDRIVEWAY PA R K I N G GA R A G E DR I V E W A Y 15 ' - 0 " B U I L D I N G SE T B A C K RAMP DN15'-0" BUILDINGSETBACK 10 ' - 0 " B U I L D I N G SE T B A C K 10 ' - 0 " B U I L D I N G SE T B A C K SE R V I C E DR I V E W A Y P/ L P/LP/L P/ L P/ L P/ L P/ L 15'-0" BUILDING SETBACK 7 5 ' - 7 " 81'-3"18'-0"5'-0" 5'-0" 10'-7" 5' - 8 " 14 ' - 9 " 30 ' - 6 " 14 ' - 8 " 72 ' - 9 " 10 ' - 0 " 10'-0" 10'-0"10'-0" 10'-5" 15 ' - 6 " 64 ' - 1 0 " 14 ' - 4 " 24'-0" 25 ' - 0 " 38'-10" 5'-0"9'-5"128'-6"6'-0"29'-6"16'-2" 16'-2"88'-10" 24 ' - 1 1 " 22 ' - 0 " 2'-0" 26'-0"HC 120' STEPBACK AT 20'ABOVE BFE 10' SETBACK 20 ' S T E P B A C K A T 2 0 ' AB O V E B F E 10 ' S E T B A C K 1 4 0 ' - 1 0 " 70 ' - 9 " 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 IT E M : DA T E : MA I 1 4 . 0 3 IS S U E D A T E : MAINSTREAM PARCEL C PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 0 2 RE S P O N S E T O C O M M E N T S 7. 8 . 2 0 1 4 1 A2 _ 1 LE V E L O N E 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " LE V E L T W O 15 ' - 0 " 15'-0" 10'-0"15'-0"10'-0" 15'-0" FIFTH STREET S. HAMDEN D R . CORO N A D O D R . DROP-OFF CANOPY BELOW 72 S p a c e s 2 4 10 9 4 12 3 8 6 7 2 1 HO T E L ME C H A N I C A L 3 ST A I R B ELEVATOR LOBBY P/ L P/LP/L P/ L P/ L P/ L P/ L RAMP DN R A M P D N RA M P U P 24 ' - 0 " 24'-0" 7 5 ' - 7 " 81'-2" 5' - 8 " 14 ' - 9 " 30 ' - 6 " 14 ' - 8 " 37 ' - 0 " 82 ' - 8 " 15 ' - 6 " 64 ' - 1 0 " 14 ' - 4 " 39'-0" 5'-0"9'-5"128'-6"6'-0"29'-6"16'-2" 16'-2"88'-10" ST A I R A 1 1 4 0 ' - 1 0 " 70 ' - 9 " 20' STEPBACK AT 20'ABOVE BFE 10' SETBACK 20 ' S T E P B A C K A T 2 0 ' AB O V E B F E 10 ' S E T B A C K STAIR C 22'-11" CLEARWATER, FL IT E M : DA T E : MA I 1 4 . 0 3 IS S U E D A T E : MAINSTREAM PARCEL C PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 0 2 RE S P O N S E T O C O M M E N T S 7. 8 . 2 0 1 4 1A2 _ 2 LE V E L T W O FIFTH STREET S. HAMD E N D R . CO R O N A D O D R . 10'-0" 15'-0" 10'-0"15'-0"10'-0" DROP-OFF CANOPY BELOW ELEVATOR LOBBY 2 4 10 9 7 4 12 3 10 6 2 3 HO T E L L A U N D R Y AN D MA I N T E N A N C E ST A I R B P/ L P/LP/L P/ L P/ L P/ L P/ L 10'-5" 15 ' - 4 " OP E N T O A B O V E LINE OF BUILDINGABOVE LI N E O F B U I L D I N G AB O V E R A M P D N R A M P U P 24 ' - 0 " 24'-0"7 5 ' - 7 " 81'-1" 15 ' - 0 " 14 ' - 9 " 30 ' - 6 " 14 ' - 8 " 72 ' - 9 " 22 ' - 0 " 80 ' - 4 " 14 ' - 4 " 39'-2" 5'-0"17'-8"60'-11"39'-1"55'-9"16'-2" 88'-9" ST A I R A 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " LE V E L T H R E E 24 ' - 1 1 " 3'-2" 26'-0" 3'-7" 72 S p a c e s 20' STEPBACK AT 20'ABOVE BFE 10' SETBACK 20 ' S T E P B A C K A T 2 0 ' AB O V E B F E 10 ' S E T B A C K 1 4 0 ' - 1 1 " 70 ' - 9 " STAIR C 22'-11" CLEARWATER, FL IT E M : DA T E : MA I 1 4 . 0 3 IS S U E D A T E : MAINSTREAM PARCEL C PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 0 2 RE S P O N S E T O C O M M E N T S 7. 8 . 2 0 1 4 1A2 _ 3 LE V E L T H R E E FIFTH STREET S. HAMD E N D R . CO R O N A D O D R . PO O L D E C K ELEVATOR LOBBY 1 2 3 4 5 6 Sv c . DI N I N G A R E A ST A I R A ST A I R B P/ L P/LP/L P/ L P/ L P/ L P/ L 170'-4" STEPBACK 15 ' - 0 " S T E P B A C K BO H / S E R V I C E / S T O R A G E 5' - 0 " S T E P B A C K 11 ' - 0 " 14 ' - 8 " 30 ' - 6 " 14 ' - 9 " 6'-6"59'-10"7'-8" 14 ' - 9 " 45 ' - 2 " 5'-4"30'-11"42'-8"90'-9"5'-0" 22 ' - 0 " 72 ' - 9 " 15 ' - 0 " 14 ' - 9 " 5'-0"62'-7"31'-7" 19 ' - 6 " 43 ' - 4 " 32 ' - 2 " OP E N T O B E L O W 9'-8" STEPBACK LI N E O F B A L C O N Y AB O V E LI N E O F B A L C O N Y AB O V E LE V E L F O U R - 3 2 K E Y S ME E T I N G R O O M EX E R C I S E BU F F E T AD M I N / U P P E R D E S K MI S C A C C E S S O R Y UP P E R L O B B Y 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " LE V E L F O U R POOL 15'-0" STEPBACK 20'-5" 15'-1" 20'-9" 19'-4" 15 ' - 0 " S T E P B A C K 23'-4" 59 ' - 1 1 " 3 3 ' - 4 " 20' STEPBACK AT 20'ABOVE BFE 10' SETBACK 20 ' S T E P B A C K A T 2 0 ' AB O V E B F E 10 ' S E T B A C K GR E E N S C R E E N DE C O R A T I V E FE A T U R E GREEN SCREENDECORATIVEFEATURESTAIR C CLEARWATER, FL IT E M : DA T E : MA I 1 4 . 0 3 IS S U E D A T E : MAINSTREAM PARCEL C PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 0 2 RE S P O N S E T O C O M M E N T S 7. 8 . 2 0 1 4 1A2 _ 4 LE V E L F O U R FIFTH STREET S. HAMD E N D R . CO R O N A D O D R . POO L D E C K B E L O W ELEVATOR LOBBY 2 3 4 5 6 7 8 9 12 131415 16171819 20 21 22 23 24 25 26 27 28 11 10 1 32 31 30 29 Sv c . ST A I R A ST A I R B P/ L P/LP/L P/ L P/ L P/ L P/ L 20'-5" 11 ' - 0 " 14 ' - 8 " 30 ' - 6 " 14 ' - 9 " 6'-6"59'-10"7'-8" 14 ' - 9 " 45 ' - 2 " 5'-4"30'-11"42'-8"90'-9"5'-0" 15 ' - 5 " 10'-1" 22 ' - 0 " 72 ' - 9 " 15 ' - 0 " 14 ' - 9 " 5'-0"62'-7"31'-7" 19 ' - 6 " 14 ' - 0 " 29 ' - 4 " 32 ' - 2 " TY P I C A L F L O O R L E V E L - 3 2 K E Y S 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " LE V E L S F I V E T H R U N I N E 7'-5" 20' STEPBACK AT 20'ABOVE BFE 20 ' S T E P B A C K A T 2 0 ' AB O V E B F E 10' SETBACK 20 ' S T E P B A C K A T 2 0 ' AB O V E B F E 10 ' S E T B A C K GR E E N S C R E E N DE C O R A T I V E FE A T U R E GREEN SCREENDECORATIVEFEATURE CLEARWATER, FL IT E M : DA T E : MA I 1 4 . 0 3 IS S U E D A T E : MAINSTREAM PARCEL C PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 0 2 RE S P O N S E T O C O M M E N T S 7. 8 . 2 0 1 4 1A2 _ 5 LE V E L S 5 - 9 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " NO R T H E L E V A T I O N 29 ' - 6 " S T E P B A C K GL A S S C A N O P Y PR E - F I N I S H E D AL U M I N U M BA H A M A S H U T T E R S GLASS RAILINGSYSTEMGARAGE OPENINGSPROTECTED BYBARRIER WALLPRE-FINISHEDALUMINUMBAHAMA SHUTTERS GL A S S R A I L I N G SY S T E M GA R A G E E N T R A N C E / EX I T 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 SC A L E : 1 / 1 6 " = 1 ' - 0 " SO U T H E L E V A T I O N GLASS CANOPYPRE-FINISHEDALUMINUMBAHAMA SHUTTERS GLASS RAILINGSYSTEM GL A S S R A I L I N G SY S T E M GA R A G E O P E N I N G S PR O T E C T E D B Y BA R R I E R W A L L PR E - F I N I S H E D AL U M I N U M BA H A M A S H U T T E R S 14'-0"10'-0"10'-0"14'-0"10'-8"10'-8"10'-8"11'-8"13'-4"12'-0"4'-6"100'-0"GREEN SCREEN OVERGARAGE PARKING GARAGESTEPBACKBASE 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" CLEARWATER, FL IT E M : DA T E : MA I 1 4 . 0 3 IS S U E D A T E : MAINSTREAM PARCEL C PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 0 2 RE S P O N S E T O C O M M E N T S 7. 8 . 2 0 1 4 1 A5 _ 1 EX T E R I O R EL E V A T I O N S 1 SC A L E : 1 / 1 6 " = 1 ' - 0 " EA S T E L E V A T I O N GARAGE ENTRANCE/EXIT 16 3 ' - 1 1 " S T E P B A C K PRE-FINISHEDALUMINUMBAHAMA SHUTTERS GL A S S C A N O P Y PR E - F I N I S H E D AL U M I N U M BA H A M A S H U T T E R S GL A S S R A I L I N G SY S T E M GA R A G E O P E N I N G S PR O T E C T E D B Y BA R R I E R W A L L 14'-0"10'-0"10'-0"14'-0"10'-8"10'-8"10'-8"11'-8"13'-4"12'-0"4'-6"100'-0" GR E E N S C R E E N O V E R GA R A G E P A R K I N G 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"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"14'-0"10'-0"10'-0"14'-0"10'-8"10'-8"10'-8"11'-8"11'-4"12'-0"4'-6"100'-0" 2 SC A L E : 1 / 1 6 " = 1 ' - 0 " WE S T E L E V A T I O N 15'-0" STEPBACKGLASS CANOPYPRE-FINISHEDALUMINUMBAHAMA SHUTTERS GLASS RAILINGSYSTEMPRE-FINISHEDALUMINUMBAHAMA SHUTTERS GARAGE OPENINGSPROTECTED BYBARRIER WALL GA R A G E O P E N I N G S PR O T E C T E D B Y BA R R I E R W A L L 20'-0" @ GARAGE STEPBACK GR E E N S C R E E N O V E R GA R A G E P A R K I N G GR E E N S C R E E N O V E R GA R A G E P A R K I N G GA R A G E S T E P B A C K CLEARWATER, FL IT E M : DA T E : MA I 1 4 . 0 3 IS S U E D A T E : MAINSTREAM PARCEL C PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 0 2 RE S P O N S E T O C O M M E N T S 7. 8 . 2 0 1 4 1 A5 _ 2 EX T E R I O R EL E V A T I O N S NORTH EAST PERSPECTIVE NO R T H W E S T P E R S P E C T I V E AE R I A L SOUTH EAST PERSPECTIVE SO U T H W E S T P E R S P E C T I V E HAMDEN DRIVE 5TH STREETHAMDE N D R I V E CO R O N A D O D R I V E CO R O N A D O D R I V E HA M D E N D R I V E 5T H S T R E E T C O R O N A D O D R I V E CLEARWATER, FL IT E M : DA T E : MA I 1 4 . 0 3 IS S U E D A T E : MAINSTREAM PARCEL C PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 0 2 RE S P O N S E T O C O M M E N T S 7. 8 . 2 0 1 4 1 A5 _ 3 PE R S P E C T I V E S NO R T H W E S T C O R N E R SO U T H E A S T C O R N E R SOUTH WEST COR N E R CLEARWATER, FL IT E M : DA T E : MA I 1 4 . 0 3 IS S U E D A T E : MAINSTREAM PARCEL C PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 0 2 RE S P O N S E T O C O M M E N T S 7. 8 . 2 0 1 4 1 A5 _ 4 MA S S I N G ST U D I E S 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 7/28/2014 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval 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 Constructed FLD2009-03013 / DVA2009-00001 Wells 619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed FLD2008-12033 / DVA2008-00002 Wells reduced number of allocated rooms from 68 to 42 as a minor revision on July 6, 2011 Total Number of Rooms Allocated from Reserve 114 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Expiration Date Case Number Planner Notes 300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 11/17/2014 FLD2009-08026 / DVA2009-00002 Wells 316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 11/17/2014 FLD2009-08027 / DVA2009-00003 Wells 40 Devon Drive (Sea Captain)53 85 0.66 128.98 32.00 5/21/2013 1/13/2011 5/21/2015 FLD2013-02007 / DVA2010-08001A 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 9/16/2014 FLD2012-03008/DVA2012-03001 Jackson one 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 6/23/2015 FLS2013-02006 / DVA2013-02001 Nurnburger 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)80 171 1.44 119.00 71 5/21/2013 6/19/2013 6/19/2015 FLD2013-03011 / DVA2013-03001 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 12/17/2015 HDA2013-08001/FLD2013-08028 Nurnburger 325 South Gulfview Boulevard 100 180 1.60 112.50 80 N/A 6/4/2014 6/4/2015 HDA2013-08004 Parry 353 Coronado Drive 96 158 0.962 164.24 48 N/A 6/19/2014 6/19/2015 HDA2013-08005 Parry 625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 HDA2013-08007 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 2/20/2015 HDA2013-12008 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 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)10 181 1.437 125.96 71 N/A 4/16/2014 4/16/2015 FLD2014-03007/HDA2014-02001 Nurnburger 521 South Gulfview Boulevard 30 344 3.908 88.02 314 N/A 6/19/2014 6/19/2015 FLD2013-11038/FLD2014-06019/ HDA2014-04002 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) Total Number of Rooms Allocated from Reserve 923 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Expiration Date Case Number Planner Notes 405 Coronado Drive 100 166 1.32 125.76 66 N/A PENDING PENDING HDA2013-08006 Parry Scheduled CC 1st Reading: 08-20-14 and 2nd Reading: 09-04-14 401 South Gulfview Boulevard 100 227 1.953 117.00 98 N/A PENDING PENDING HDA2014-06004 Parry Scheduled DRC meeting: 08-07-14; Tentative CC 1st Reading: 09-04-14 and 2nd Reading: 09-18-14 40 Devon Drive 13 98 0.659 148.70 32 N/A PENDING PENDING HDA2014-07004 Jackson Submitted 07.28.14 630 South Gulfview Boulevard 100 159 1.19 133.61 60 N/A PENDING PENDING 706 Bayway 15 32 0.349 91.69 17 N/A PENDING PENDING Total Number of Rooms Pending Allocation 328 Total Number of Rooms in Reserve 1,385 APPROVED HOTEL DENSITY RESERVE PROJECTS PENDING HOTEL DENSITY RESERVE PROJECTS CONSTRUCTED HOTEL DENSITY RESERVE PROJECTS Total Number of Rooms Allocated from Reserve 1,037 Total Number of Rooms Pending Allocation 328 Total Remaining For Allocation 20 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-397 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Provide direction on the proposed Development Agreement between Alanik Properties; Anco Holdings, LLC; Nikana Holdings, LLC (the property owners) 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 September 18, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-06004) SUMMARY: Site Location and Existing Conditions: The 1.994-acre site is bound by South Gulfview Boulevard (west), Coronado Drive (east), and 5th Street (north). The subject property is comprised of five parcels with a frontage of approximately 350 feet along South Gulfview Boulevard, 450 feet along Coronado Drive and 213 feet of frontage along 5th Street. The site is occupied by two hotels with a combined total of 227 hotel rooms and a small retail store. 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 Beach Walk District of Beach by Design. Access to the site is generally provided by several driveways along South Gulfview Boulevard (including the South Gulfview Boulevard frontage road) and Coronado Drive. A drop curb along 5th Street runs along the north side of the site providing to parking spaces which existing partially within and back out into the 5th Street right-of-way. Building frontage is generally located along South Gulfview Boulevard (and its frontage road) and 5th Street. 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 two to four 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 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. Page 1 City of Clearwater Printed on 8/28/2014 File Number: ID#14-397 Development Proposal: The site was the subject of the Level II Flexible Development request approval (FLD2005-07068) which included, among other items, a request for a Termination of Status of Nonconformity to permit 127 hotel units (63.69 units per acre) to be considered conforming when the otherwise permitted number of hotel units was 97 units (50 units per acre). That portion of the request is considered vested. The owners propose to utilize the existing 127 hotel units and incorporate an additional 100 units from the Hotel Density Reserve through Beach by Design resulting in a total of 227 units (114 units per acre). The current proposal is to demolish all structures on the site and build a single 13-floor hotel with a 227 hotel rooms. The building will be 140 feet (from Base Flood Elevation) to flat roof with the parking on the first four 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 two, two -way driveways with one located at the southeast corner of the property along Coronado Drive and a second at the northwest corner of the site along 5th Street which will provide access to the parking garage component of the development. A service drive is located at the northeast corner of the building along Coronado Drive. The primary entrance and lobby of the building will be located along Coronado on the second floor. As noted, the first four 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 lobby, restaurant, ballroom, pool and pool deck are located on second floor. In addition to parking spaces the third floor includes a variety of offices and back of house uses such as storage and an employee lounge. The fourth floor will include 14 hotel units, meeting space and an exercise room for guests in addition to parking spaces. The remaining floors will consist almost entirely of hotel units with floors five through 10 containing 28 hotel rooms each and floors 11 through 13 with 15 rooms each. 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 86,880 square feet in area and approximately 450 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: Page 2 City of Clearwater Printed on 8/28/2014 File Number: ID#14-397 Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building 140 feet in height as measured from BFE where a height of up to 150 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, The proposal provides for a building which exceeds 100 feet in height. The applicant has demonstrated that there are no more than two structures which exceed 100 feet within 500 feet thereby fulfilling the requirements of Option 1, above. In addition, the applicant has demonstrated that there are no more than four structures which exceed 100 feet within 800 feet thereby fulfilling the requirements of Option 2, above. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 227-room overnight accommodation use requires a minimum of 272 off-street parking spaces. A parking garage located on the first four levels of the building will provide a minimum of 272 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 street frontages. 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: Page 3 City of Clearwater Printed on 8/28/2014 File Number: ID#14-397 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. 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 8/28/2014 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT       THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“Agreement”) is dated the day of , 2014, and entered into between ALANIK PROPERTIES, LLC, ANCO HOLDINGS, LLC, and NIKANA HOLDINGS, LLC (collectively “Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof (“City”).   RECITALS:   WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and   WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act (“Act”), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and   WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and   WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and   WHEREAS, the Developer owns 1.99 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 two hundred and twenty-seven (227) overnight accommodation units, meeting space for guest use, pool, new lobby and parking with 272 parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit “B” (collectively the “Project”); and   WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and   WHEREAS, upon completion the planned resort will contain 227 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 401, 411, and 421 South Gulfview Blvd., Clearwater, FL 33767, as further described in Exhibit “A”. SECTION 4. Scope of Project.   4.1 The Project shall consist of 227 overnight accommodation units. Of the 227 overnight accommodation units, 100 units shall be from the Hotel Density Reserve.   4.2 The Project shall include a minimum of 272 parking spaces, 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 114 units per acre. In no instance shall the density of a parcel of land exceed 117 units per acre. The height of the Project shall be 137’-10” 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 Planning Director as either inconsistent with attached Exhibit “B” or constituting a substantial deviation from attached Exhibit “B” shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida.   6.1.3.2 The Developer shall obtain appropriate site plan 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 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 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);   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 this Agreement 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: Alanik Properties, LLC 421 S. Gulfview Blvd. Clearwater, FL 33767 With Copy to: Brian J. Aungst, Jr. Macfarlane Ferguson & McMullen, P.A. 625 Court Street Clearwater, FL 33756     If to City: City of Clearwater ATTN: City Manager 112 South Osceola Avenue Clearwater, FL 33756   Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section.   SECTION 14. Assignments.   14.1 By the Developer:   14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition.   14.1.2 If the assignee of the Developer’s right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form.   14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment.   14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations.   14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein.   SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature.   SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property.   SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing.   SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof.   SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable.   SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties.   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.   In the Presence of: Alanik Properties, LLC, Anco Holdings, LLC, and Nikana Holdings, LLC       Print Name By:   Martin R. Cole     Print Name As to “Developer”       CITY OF CLEARWATER, FLORIDA      By: William B Home II, City Manager   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 Martin R. Cole, on behalf of Alanik Properties, LLC, Anco Holdings, LLC, and Nikana Holdings, LLC. He is [ ] personally known to me or has [ ] produced as identification.         Print: Notary Public – State of Florida My Commission Expires:       EXHIBIT “A”  PROJECT LEGAL DESCRIPTION      PARCEL 1:    LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF  LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT  BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS  FOLLOWS:    BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY  BOUNDARY, 25 FEET; THENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY  BOUNDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS;  THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO THE  SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID  LOT TO THE POINT OF BEGINNING.    AND    LOTS 124, 125, 126 AND 127, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE MAP OR  PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS  COUNTY, FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS:    BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE  NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF  SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING.    AND    LOTS 128 AND 129, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF  RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.    PARCEL 2:    LOTS 72, 73, 121, 122 AND THE NORTH ONE‐HALF OF LOT 123, LLOYD‐WHITE‐SKINNER SUBDIVISION,  ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS  OF PINELLAS COUNTY, FLORIDA.    PARCEL 3:    LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO  THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF  PINELLAS COUNTY, FLORIDA.    TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS. Exhibit “B” Survey, Conceptual Site Plan, and Architectural Drawings 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 ALANIK PROPERTIES, LLC, ANCO HOLDINGS, LLC, and NIKANA HOLDINGS, LLC, (collectively “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 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 resort on the Real Property is restricted as follows:   2.1.1 227 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.       IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of , 2014.     In the Presence of: ALANIK PROPERTIES, LLC, ANCO HOLDINGS, LLC, and NIKANA HOLDINGS, LLC   Print Name As to “Developer”       Print Name By:   Martin R. Cole       CITY OF CLEARWATER, FLORIDA      By: William B Home II, City Manager     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 Martin R. Cole, on behalf of Alanik Properties, LLC, Anco Holdings, LLC, and Nikana Holdings, LLC. He is [ ] personally known to me or has [ ] produced as identification.         Print: Notary Public – State of Florida My Commission Expires:                   SCHEDULE “A”  PROJECT LEGAL DESCRIPTION        PARCEL 1:    LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF LLOYD‐ WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES  12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:    BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY  BOUNDARY, 25 FEET; THENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY BOUNDARY  OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS; THENCE  SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO THE SOUTHWEST  CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO THE POINT  OF BEGINNING.    AND    LOTS 124, 125, 126 AND 127, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT  THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY,  FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS:    BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE  NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF SAID  LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING.    AND    LOTS 128 AND 129, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED  IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.    PARCEL 2:    LOTS 72, 73, 121, 122 AND THE NORTH ONE‐HALF OF LOT 123, LLOYD‐WHITE‐SKINNER SUBDIVISION,  ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF  PINELLAS COUNTY, FLORIDA.    PARCEL 3:    LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD‐WHITE‐SKINNER SUBDIVISION, ACCORDING TO THE  PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS  COUNTY, FLORIDA.    TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 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 , 201 (the "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: Alanik Properties, LLC., Anco Holdings, LLC, and Nikana Holdings, LLC         Print Name By: Martin R. Cole     Print Name As to “Developer”       CITY OF CLEARWATER, FLORIDA      By: William B Home II, City Manager   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 Martin R. Cole, on behalf of Alanik Properties, LLC, Anco Holdings, LLC, and Nikana Holdings, LLC. He is [ ] personally known to me or has [ ] produced as identification. _____________________________________ Print Name: ___________________________ Notary Public – State of Florida My Commission Expires: ________________                                                                               SCHEDULE “A”  PROJECT LEGAL DESCRIPTION        PARCEL 1: LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY BOUNDARY, 25 FEET; THENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY BOUNDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO THE POINT OF BEGINNING. AND LOTS 124, 125, 126 AND 127, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING. AND LOTS 128 AND 129, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 2: LOTS 72, 73, 121, 122 AND THE NORTH ONE-HALF OF LOT 123, LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 3: LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS. CORONADO DRIVE 5T H S T R E E T SOUTH GULFVIEW BOULEVARD SITE PLAN SCALE: 1" = 20' COASTAL CONSTRUCTION CONTROL LINE 1 SITE PLAN SCALE: 1" = 20' PROJECT NORTH N 1 0 '-0 " S E T B A C K OPEN PARKING BELOW COASTAL CONSTRUCTION CONTROL LINE LANDSCAPE AREA LANDSCAPE AREA P/L P/L P/L P/L P/L 15'-0" SETBACK SIDEWALK BUILDING ENTRY/ EXIT SIDEWALK BUILDING ENTRY/ EXIT LANDSCAPE AREA LANDSCAPE AREA LANDSCAPE AREA 10'-0" SETBACK 15'-0" 1 0 '-0 " S E T BA C K 1 0 ' - 0 " 1 9 ' - 1 " S E T B A C K 40 1 , 4 1 1 , 4 2 1 S . G U L F V I E W B L V D . ITEM:DATE: COL14.01 ISSUE DATE: AL A N I K HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: HDA APPLICATION ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.06.27 CL E A R W A T E R , F L A1_0 SITE PLAN 1 GROUND FLOOR SCALE: 1/16" = 1'-0" COASTAL CONSTRUCTION CONTROL LINE PROJECT NORTH N CORONADO DRIVE UP UP STAIR B STAIR C 12 30 4 45 9 RAMP UP 12% MAX BUILDING ENTRY/ EXIT 15 19 2 S T A I R A UP STAIR E POOL ABOVE ELEVATOR LOBBY SOLID WASTE / HOLDING 4 HC HC HC HC UP DNSTAIR D SVC ELEV GARAGE - 135 SPACES 273 TOTAL SPACES 1 0 '-0 " S E T B A C K P/L P/L 15'-0" SETBACK SIDEWALK BUILDING ENTRY/ EXIT LANDSCAPE AREA 10'-0" SETBACK 20'-0" 1 0 ' - 0 " 1 9 ' - 1 " S E T B A C K 0'-0" SETBACK 0'-0" SETBACK FORMER SOUTH GULFVIEW BOULEVARD ROW P/L BUILDING ENTRY/ EXIT 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 22 ' - 0 " 1 8 ' - 0 " 2 4 ' - 0 " 1 8 ' - 0 " 33'-9"7'-4"30'-6"11'-11"186'-10"12'-9" 67'-1 1 " 9 1 '-1 0 " 6 1 ' - 4 " 70 '-7 " 10 5 '-5 " 1 2 2 ' - 9 " SERVICE DRIVE ONLY 40 1 , 4 1 1 , 4 2 1 S . G U L F V I E W B L V D . ITEM:DATE: COL14.01 ISSUE DATE: AL A N I K HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: HDA APPLICATION ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.06.27 CL E A R W A T E R , F L A2_1 GROUND LEVEL COASTAL CONSTRUCTION CONTROL LINE 1 LEVEL 2 SCALE: 1/16" = 1'-0"PROJECT NORTH N 9 RAMP UP 12% MAX 12 15 2 S T A I R A DN UP STAIR C UP DN RAMP DN HCHC BALL ROOM PRE-FUNCTION RESTAURANT LOBBY SWIMMING POOL POOL DECK FIRE PUMP LINE OF BUILDING ABOVE UTILITY KITCHEN BOH STO. CORONADO DRIVE BOH RESTROOMS LINE OF BUILDING ABOVE RESTROOMS FRONT DESK ELEVATOR LOBBY LOBBY LOUNGE FRONT DESK ADMIN UP DNSTAIR D SVC ELEV BACK-OF-HOUSE BALLLROOM STORAGE DROP-OFF CHECK-IN PARKING MECH GARAGE - 38 SPACES 1 8 ' - 0 " 2 4 ' - 0 " 1 8 ' - 0 " 67'-1 1 " 9 1 '-1 0 " 6 1 ' - 4 " 41'-9" 66 ' - 0 " 32 ' - 6 " 28 ' - 7 " 49 ' - 7 " 61'-9" 5'-0" 29'-10"12'-0"185'-11"13'-7" 1 2 2 ' - 9 " 70 '-7 " 8 8 ' - 4 " 10 5 '-5 " 40 1 , 4 1 1 , 4 2 1 S . G U L F V I E W B L V D . ITEM:DATE: COL14.01 ISSUE DATE: AL A N I K HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: HDA APPLICATION ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.06.27 CL E A R W A T E R , F L A2_2 LEVEL 2 COASTAL CONSTRUCTION CONTROL LINE 1 LEVEL 3 SCALE: 1/16" = 1'-0"PROJECT NORTH N 11 RAMP UP 12% MAX 12 15 2 S T A I R A DN UP STAIR C RAMP DN 18 UP DN OPEN TO BELOW OPEN TO BELOW LAUNDRY ROOM LINE OF BUILDING ABOVE SWIMMING POOL BELOW POOL DECK BELOW SADFSAF EMPLOYEE LOUNGE STORAGE ADMINISTRATION ADMINISTRATION CORRIDOR ADMINISTRATIONADMINISTRATION ELEVATOR LOBBY UP DNSTAIR D SVC ELEV 3 MECHANICAL GARAGE - 61 SPACES 41'-9" 66 ' - 0 " 32 ' - 6 " 28 ' - 7 " 49 ' - 7 " 61'-9" 5'-0" 65 ' - 5 " 29'-10"12'-0"185'-11"13'-7" 1 8 ' - 0 " 2 4 ' - 0 " 1 8 ' - 0 " 67'-1 1 " 9 1 '-1 0 " 6 1' - 4 " 5 ' - 7 " 1 2 2 ' - 9 " 70 '-7 " 8 8 ' - 4 " 18 ' - 0 " 24 ' - 0 " 18 ' - 0 " 1' - 0 " 22 ' - 0 " 10 5 '-5 " 138'-2" 40 1 , 4 1 1 , 4 2 1 S . G U L F V I E W B L V D . ITEM:DATE: COL14.01 ISSUE DATE: AL A N I K HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: HDA APPLICATION ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.06.27 CL E A R W A T E R , F L A2_3 LEVEL 3 COASTAL CONSTRUCTION CONTROL LINE 1 LEVEL 4 SCALE: 1/16" = 1'-0"PROJECT NORTH N 15 RAMP DN 21 UP DN LINE OF BUILDING ABOVE UP DNSTAIR D STORAGE CORRIDOR EXERCISE ROOM BOARD ROOM ROOF BOARD ROOM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ELEVATOR LOBBY SVC ELEV RESTROOMS BUSINESS BOARD ROOM 3 GARAGE - 39 SPACES LINE OF BUILDING ABOVE 41'-9" 66 ' - 0 " 32 ' - 6 " 28 ' - 7 " 49 ' - 7 " 44'-3"32'-6" 5'-0" 38 ' - 2 " 4' - 0 " 50'-6"13'-7" 1 1 8 ' - 3 " 30 ' - 2 " 233'-9" RAMP BELOW 23 ' - 4 " 177'-3" 23 ' - 0 " S T E P B A C K 10 ' - 0 " 40 1 , 4 1 1 , 4 2 1 S . G U L F V I E W B L V D . ITEM:DATE: COL14.01 ISSUE DATE: AL A N I K HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: HDA APPLICATION ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.06.27 CL E A R W A T E R , F L A2_4 LEVEL 4 COASTAL CONSTRUCTION CONTROL LINE 1 LEVEL 5 SCALE: 1/16" = 1'-0"PROJECT NORTH N UP DNSTAIR D UP DN CORRIDOR RAMP BELOW1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 STORAGE 26 LINE OF BUILDING ABOVE 27 2816 ROOF BELOW ELEVATOR LOBBY / VIEWING LOUNGE HSKP MECH SVC ELEV 41'-9" 66 ' - 0 " 32 ' - 6 " 28 ' - 7 " 49 ' - 7 " 44'-3"32'-6" 5'-0" 87'-6"62'-9"100'-0" 5' - 0 " 36 ' - 0 " 2 7 ' - 2 " 1 8'-2 " 23 ' - 1 1 " 88'-9"62'-6"57'-6" 8' - 0 " 5' - 6 " 46 ' - 5 " 38 ' - 2 " 4' - 0 " 10 ' - 0 " S E T B A C K 31 ' - 0 " S T E P B A C K 40 1 , 4 1 1 , 4 2 1 S . G U L F V I E W B L V D . ITEM:DATE: COL14.01 ISSUE DATE: AL A N I K HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: HDA APPLICATION ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.06.27 CL E A R W A T E R , F L A2_5 LEVEL 5 COASTAL CONSTRUCTION CONTROL LINE 1 LEVELS 6-10 SCALE: 1/16" = 1'-0"PROJECT NORTH N UP DNSTAIR D UP DN CORRIDOR STORAGE ELEVATOR LOBBY / VIEWING LOUNGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 2816 BALCONY BELOW MECH SVC ELEV HSKP LINE OF BUILDING ABOVE 41'-9" 66 ' - 0 " 32 ' - 6 " 28 ' - 7 " 49 ' - 7 " 44'-3"32'-6" 5'-0" 87'-6"62'-9"100'-0" 5' - 0 " 36 ' - 0 " 2 7 ' - 2 " 1 8'-2 " 23 ' - 1 1 " 88'-9"62'-6"57'-6" 8' - 0 " 5' - 6 " 46 ' - 5 " 38 ' - 2 " 4' - 0 " 40 1 , 4 1 1 , 4 2 1 S . G U L F V I E W B L V D . ITEM:DATE: COL14.01 ISSUE DATE: AL A N I K HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: HDA APPLICATION ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.06.27 CL E A R W A T E R , F L A2_6 LEVELS 6-10 COASTAL CONSTRUCTION CONTROL LINE 1 LEVELS 11-13 SCALE: 1/16" = 1'-0"PROJECT NORTH N UP DNSTAIR D UP DN STORAGE ELEVATOR LOBBY / VIEWING LOUNGE ROOF DECK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 SVC ELEV ROOF TERRACE SUPPORT SPACE @ L11 LOUNGES @ L12 &L13 41'-9" 66 ' - 0 " 32 ' - 6 " 28 ' - 7 " 49 ' - 7 " 44'-3"32'-6" 4' - 0 " 5'-0" 30'-0" 38 ' - 2 " 84 ' - 8 " 60 ' - 0 " 36 ' - 0 " 40 1 , 4 1 1 , 4 2 1 S . G U L F V I E W B L V D . ITEM:DATE: COL14.01 ISSUE DATE: AL A N I K HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: HDA APPLICATION ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.06.27 CL E A R W A T E R , F L A2_7 LEVELS 11-13 T G R OHW OHWOHWOHW 6' WOODFENCE 386 . 6 ' + - 298.8' +-8" CLAY 8" D I P W GR W W R W R WW G W R W R R R W R WW W WW R R W W R R G W R 12" R C P G 15" 8" C L A Y 15" 8" C L A Y 6" CLAY 8" C L A Y 401 ' + - T R RRR RRR R OHW OH W OHW OHW R R R W G OHW OHW OHW OHW OHW OH W OH W OH W OH W OHW OHW OHW OHW OHW OHW OHW OH W OHW OH W OH W OHW T 8380.4 Sq. Feet0.2 Acres S 77°28' 3 9 " E 5 9 . 9 8 ' m e a s u r e d N 1 2 ° 2 2 ' 2 4 " E 6 0 . 0 3 ' m e a s u r e d                   SIT E P L A N COA S T A L C O N S T R U C T I O N C O N T R O L L I N E 1 SIT E P L A N 1 0 " S E T B A C K OPEN P A R K I N G B E L O W COA S T A L C O N S T R U C T I O N C O N T R O L L I N E LAN D S C A P E A R E A LAN D S C A P E A R E A COR O N A D O D R I V E FIFTH STREET P/L P/L P/L P/L P/L 1' - 3 " S E T B A C K SIDE W A L K BUIL D I N G E N T R Y / E X I T SIDE W A L K BUI L D I N G E N T R Y / E X I T LAN D S C A P E A R E A LAN D S C A P E A R E A LAN D S C A P E A R E A 10" SETBACK 1' - 3 " 1 0 " S E T B A C K SVC ELE V   1 SI T E P L A N - T O W E R S E P A R A T I O N SC A L E : 1 " = 1 0 0 '     401, 411, 421 S. GULFVIEW BLVD. IT E M : DA T E : CO L 1 4 . 0 1 IS S U E D A T E : ALANIK HOTEL PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : PR E L I M I N A R Y D E S I G N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 0 2 CLEARWATER, FL A2 _ 8 TO W E R SE P A R A T I O N DI A G R A M 40 1 , 4 1 1 , 4 2 1 S . G U L F V I E W B L V D . ITEM:DATE: COL14.01 ISSUE DATE: AL A N I K HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: HDA APPLICATION ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.06.27 CL E A R W A T E R , F L A5_3 PERSPECTIVES 2 SO U T H E L E V A T I O N SC A L E : 1 " = 2 0 ' GROUND FLOOREL.= +4'-0"BASE FLOOD14'-0" NAVD LEVEL 2EL.= +20'-0"LEVEL 3EL.= +32'-0"LEVEL 4EL.= +44'-0"LEVEL 5EL.= +54'-8"LEVEL 6EL.= +65'-4"LEVEL 7EL.= +76'-0"LEVEL 8EL.= +86'-8"LEVEL 9EL.= +97'-4"LEVEL 10EL.= +108'-0"LEVEL 11EL.= +118'-8"LEVEL 12EL.= +129'-4"TOP OF ROOFEL.= +153'-4"TOP OF MECHANICALEL.= +168'-4"10'-0"12'-0"12'-0"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"13'-4"6'-0"LEVEL 13EL.= +140'-0"15'-0"154'-4"Building Height - 140'-0" Maximum 1 NO R T H E L E V A T I O N SC A L E : 1 " = 2 0 ' GROUND FLOOREL.= +4'-0"BASE FLOOD14'-0" NAVD LEVEL 2EL.= +20'-0"LEVEL 3EL.= +32'-0"LEVEL 4EL.= +44'-0"LEVEL 5EL.= +54'-8"LEVEL 6EL.= +65'-4"LEVEL 7EL.= +76'-0"LEVEL 8EL.= +86'-8"LEVEL 9EL.= +97'-4"LEVEL 10EL.= +108'-0"LEVEL 11EL.= +118'-8"LEVEL 12EL.= +129'-4"TOP OF ROOFEL.= +153'-4"TOP OF MECHANICALEL.= +168'-4"10'-0"12'-0"12'-0"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"13'-4"6'-0"154'-4"LEVEL 13EL.= +140'-0"15'-0"Building Height - 140'-0" Maximum GLASS RAILINGSYSTEMGARAGE OPENINGSPROTECTED BYBARRIER WALL 401, 411, 421 S. GULFVIEW BLVD. IT E M : DA T E : CO L 1 4 . 0 1 IS S U E D A T E : ALANIK HOTEL PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : HD A A P P L I C A T I O N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 2 7 CLEARWATER, FL A5 _ 1 EL E V A T I O N S 1 EA S T E L E V A T I O N SC A L E : 1 " = 2 0 ' GR O U N D F L O O R EL . = + 4 ' - 0 " BA S E F L O O D 14 ' - 0 " N A V D LE V E L 2 EL . = + 2 0 ' - 0 " LE V E L 3 EL . = + 3 2 ' - 0 " LE V E L 4 EL . = + 4 4 ' - 0 " LE V E L 5 EL . = + 5 4 ' - 8 " LE V E L 6 EL . = + 6 5 ' - 4 " LE V E L 7 EL . = + 7 6 ' - 0 " LE V E L 8 EL . = + 8 6 ' - 8 " LE V E L 9 EL . = + 9 7 ' - 4 " LE V E L 1 0 EL . = + 1 0 8 ' - 0 " LE V E L 1 1 EL . = + 1 1 8 ' - 8 " LE V E L 1 2 EL . = + 1 2 9 ' - 4 " TO P O F R O O F EL . = + 1 5 3 ' - 4 " TO P O F M E C H A N I C A L EL . = + 1 6 8 ' - 4 " 10'-0"12'-0"12'-0"10'-0"10'-8"10'-8"13'-4" 6'-0" LE V E L 1 3 EL . = + 1 4 0 ' - 0 " 15'-0" 154'-4"Building Height - 140'-0" Maximum 10'-0"10'-0"10'-0"10'-0"10'-0"10'-0" 2 WE S T E L E V A T I O N SC A L E : 1 " = 2 0 ' GROUND FLOOREL.= +4'-0"BASE FLOOD14'-0" NAVD LEVEL 2EL.= +20'-0"LEVEL 3EL.= +32'-0"LEVEL 4EL.= +44'-0"LEVEL 5EL.= +54'-8"LEVEL 6EL.= +65'-4"LEVEL 7EL.= +76'-0"LEVEL 8EL.= +86'-8"LEVEL 9EL.= +97'-4"LEVEL 10EL.= +108'-0"LEVEL 11EL.= +118'-8"LEVEL 12EL.= +129'-4"TOP OF ROOFEL.= +153'-4"TOP OF MECHANICALEL.= +168'-4"10'-0"12'-0"12'-0"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"10'-8"13'-4"6'-0"LEVEL 13EL.= +140'-0"15'-0"154'-4"Building Height - 140'-0" Maximum 401, 411, 421 S. GULFVIEW BLVD. IT E M : DA T E : CO L 1 4 . 0 1 IS S U E D A T E : ALANIK HOTEL PR O J E C T T I T L E : IS S U E D D R A W I N G L O G : PR O J E C T N O : DR A W I N G T I T L E : SH E E T : HD A A P P L I C A T I O N IS T V A N L . P E T E R A N E C Z AR 9 4 5 3 3 FL O R I D A 20 1 3 . 0 6 . 2 7 CLEARWATER, FL A5 _ 2 EL E V A T I O N S NORTH WEST CORNERSOUTH EAST CORNER NORTH EAST CORNER SOUTH WEST CORNER S O U T H G U L F V I E W B O U L E V A R D FIFT H STREET C O R O N A D O D R I V E SOUTH GULFVIEW BOULEVARDCORONADO DRIVE F I F T H S T R E E T 40 1 , 4 1 1 , 4 2 1 S . G U L F V I E W B L V D . ITEM:DATE: COL14.01 ISSUE DATE: AL A N I K HO T E L PROJECT TITLE: ISSUED DRAWING LOG: PROJECT NO: DRAWING TITLE: SHEET: HDA APPLICATION ISTVAN L. PETERANECZ AR94533 FLORIDA 2013.06.27 CL E A R W A T E R , F L A5_4 BUILDING PERSPECTIVE IMAGES Alanik Hotel  HDA2014‐06004  401 S Gulfview Blvd 2014 1 Attachment C Alanik Hotel - Beach by Design Criteria A. Density: DESIGN RESPONSE: The project will maintain an overnight accommodation density of 114 units per acre based on a 1.994 acre parcel. This includes 127 base density units (vested from a termination of non-conformity plus 100 additional units requested from the Hotel Density Reserve via a Development Agreement. The total number of units proposed for overnight accommodations is 227 B. Height & Separation: The maximum base flood elevation on site is (VE) 14 feet. The maximum allowable building height is 150 feet above the base flood elevation. The proposed building height is 139 feet 4 inches above the base flood elevation, to top of roof, and 154 feet 4 inches to top of roof top mechanical and stair towers. 1. Additional density is allocated to the development either by transferred development rights, or via the Destination Resort Density Pool pursuant to the CRD designation, or via the Hotel Density Reserve where the subject property is located between South Gulfview Boulevard and the Gulf of Mexico or on the west side of Coronado Drive; DESIGN RESPONSE: In discussions with the City, it was determined that the existing 127 units are vested. 2. portions of any structures which exceed one hundred feet (100') are spaced at least one hundred feet (100') apart (with no more than two (2) structures which exceed one hundred feet (100') within five hundred feet (500'); or four (4) structures which exceed one hundred feet (100') within eight hundred feet (800') so long as the elevations of all structures which exceed one hundred feet (100') when such structures are viewed from the east do not occupy a total of forty percent (40%) of a north south vertical plane which is parallel to the alignment of Coronado and North Mandalay of the building envelope above one hundred feet (100'); and DESIGN RESPONSE: The proposed structure falls within the above guideline in that no two structures, over 100’ tall fall within 500 feet of each other. Sheet A2_8 shows the project Alanik Hotel  HDA2014‐06004  401 S Gulfview Blvd 2014 2 site and building footprint. The tower portion falls greater than 100 feet from a proposed project to the East side of Coronado and only the new Adam’s Mark building falls within the 800’ separation limit. Additionally, the proposed structure, above 100’, is aligned perpendicularly to Coronado to align its least dimension east to west. The elevations occupy 32% of the vertical plane to the north, between the proposed Beachview and this project and 39% to the south, between this project and the New Adam’s Mark property. 3. the floorplate of any portion of a building that exceeds forty- five feet (45') in height is limited as follows: a) between forty- five feet (45') and one hundred feet (100'), the floorplate will be no greater than 25,000 square feet except for parking structures open to the public; and b) between one hundred feet (100') and one hundred fifty feet (150'), the floorplate will be no greater than 10,000 square feet; and c) deviations to the above floorplate requirements may be approved provided the mass and scale of the design creates a tiered effect and complies with the maximum building envelop allowance above 45’ as described in section C. 1.4 below DESIGN RESPONSE: The floor plates from 45’ to 100 feet are 23,028 square feet: less that the permitted 25,000 square feet. The floor plate above 100 feet is 10,900 square feet. To compensate for the additional 900 SF. Of the top 3 stories, the building does considerable tiering on the north south axis as well as on the southern side of the east west axis. 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 project site is an elongated rectangle with a panhandle portion of the lot to the south east; the longer dimension of the site is approximately two to three times as long as the shorter dimensions. The proposed building design follows the site configuration, the resultant building foot print also has unequal legs with the longer of the two, twice the length of the shorter. Vertically the building is comprised of an L-shape with a three-story parking garage extending from the towers along the length of the site along Coronado Drive. Alanik Hotel  HDA2014‐06004  401 S Gulfview Blvd 2014 3 See attached plans and elevations, 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 design adds many horizontal steps in the building facades such that no one surface is longer than 100 feet without a break in the façade. The singular exception is along the eastern façade to accommodate the parking ramp. The openings and facade treatment of the elevation along Coronado is further articulated to assist in breaking the line of the façade resulting from the ramp. This ramp length is similar to the City’s new parking garage on Coronado Drive. 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, each façade is composed of windows, balconies, or otherwise articulated façade. The result is that over 60% (Approximately 70%) 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. DESIGN RESPONSE: The proposed design occupies approximately 22% of the “Theoretical Building Envelope” above 45’. This is significantly less than the allowable 75%. See attached plans and elevations, 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. Alanik Hotel  HDA2014‐06004  401 S Gulfview Blvd 2014 4 DESIGN RESPONSE: The building height is proposed at 139’-4”; this is in keeping with the 150’ allowable in this district. The height and mass of the building meet the design standards of Beach by Design. The mass of the building allows for significant landscape buffer areas as well as an enhanced landscape and hardscape areas. 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 restaurant, retail, and a mix of high end overnight accommodation space. 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: a) Fifteen feet (15') along arterials, and (Proposed 15.00’ on Coronado Drive) b) Twelve feet (12') along local streets. (Proposed 15.00’ on 5th Street) c) Zero feet (0’) on S. Gulfview Blvd. DESIGN RESPONSE: The design proposes a 15’ setback along 5th Street. Along Coronado Drive a 10 foot setback is proposed although the building approaches the 10 foot line in one location only. Because of the curved property line and the angled building line along Coronado Drive the majority of the building is actually significantly behind the 15’ setback line. Only 25% of the building is in front of the 15’ line and the average setback is near 16 feet. Approximately 34% of the Coronado Drive frontage sets back nearly 19’. By pulling the building to the 10 foot setback line, we are able to reduce the buildings garage height to three stories (two elevated). We are also proposing a 0’-0” setback along the western property line, along South Gulfview and Beach Walk. There is considerable “Public Realm” in this area with Beach Walk and the additional 35’ of open space of the former Gulfview Blvd Right of Way. 2. Side and Rear Setbacks Except for the setbacks set forth above, no side or rear setback lines are recommended, except as may be required to comply with the City’s Fire Code. Alanik Hotel  HDA2014‐06004  401 S Gulfview Blvd 2014 5 DESIGN RESPONSE: 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. 3. Coronado and Hamden 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: We are proposing a 10’ minimum building setback. Please see response to Section b, following. 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: The proposed building has the requisite additional 15’ to 20’ stepbacks, from the setback line, at the 20’ height (above BFE) for significant portions of the building frontage along Coronado Drive. Approximately 78% of the building along Coronado Drive is the three story garage and is between 20’ and 30’ in Height. Please see Elevations, plans, and isometric massing study A5_5. a. 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 Alanik Hotel  HDA2014‐06004  401 S Gulfview Blvd 2014 6 b. 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 proposed design does not mimic or mirror the existing buildings. The neighboring building across Coronado Drive has its primary façade and commercial face along Coronado. This proposal backs to Coronado and presents it’s low, minor façade to Coronado. c. Required stepbacks shall span a minimum of 75% of the building frontage width. DESIGN RESPONSE: The required stepbacks span approximately 77% of the building frontage. The proposed design brings certain appropriate and reasonable portions of the building forward to create appropriate mass and presence along Coronado Drive. E. Street-Level Facades 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. This building is in the VE flood zone, so the building infill needs to be of a permeable nature. The facades include significant amount of open colonnade at the building entry on 5th, and along Coronado Drive around the perimeter of the building the view into the garage is decoratively screened. 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 Alanik Hotel  HDA2014‐06004  401 S Gulfview Blvd 2014 7 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 of ingress and egress. DESIGN RESPONSE: The design proposes decoratively screened and articulated garage openings on the first two levels. At the 2nd 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. 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 a cantilevered awning and canopy on the 5th Street hotel entry. These façade articulations will serve to identify the available hotel activity areas and entrances. See attached plans and elevations Alanik Hotel  HDA2014‐06004  401 S Gulfview Blvd 2014 8 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 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. 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 not less than eight feet (8'). Acceptable palm trees Alanik Hotel  HDA2014‐06004  401 S Gulfview Blvd 2014 9 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 non- 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 Beachwalk 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. DESIGN RESPONSE: Street lighting shall be designed per code and submitted for approval at building permit. Alanik Hotel  HDA2014‐06004  401 S Gulfview Blvd 2014 10 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 some blue-gray accent surfaces. All colors are anticipated to follow the BbD color palate. 2. Sidewalks: 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: Alanik Hotel  HDA2014‐06004  401 S Gulfview Blvd 2014 11 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 7/28/2014 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval 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 Constructed FLD2009-03013 / DVA2009-00001 Wells 619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed FLD2008-12033 / DVA2008-00002 Wells reduced number of allocated rooms from 68 to 42 as a minor revision on July 6, 2011 Total Number of Rooms Allocated from Reserve 114 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Expiration Date Case Number Planner Notes 300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 11/17/2014 FLD2009-08026 / DVA2009-00002 Wells 316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 11/17/2014 FLD2009-08027 / DVA2009-00003 Wells 40 Devon Drive (Sea Captain)53 85 0.66 128.98 32.00 5/21/2013 1/13/2011 5/21/2015 FLD2013-02007 / DVA2010-08001A 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 9/16/2014 FLD2012-03008/DVA2012-03001 Jackson one 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 6/23/2015 FLS2013-02006 / DVA2013-02001 Nurnburger 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)80 171 1.44 119.00 71 5/21/2013 6/19/2013 6/19/2015 FLD2013-03011 / DVA2013-03001 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 12/17/2015 HDA2013-08001/FLD2013-08028 Nurnburger 325 South Gulfview Boulevard 100 180 1.60 112.50 80 N/A 6/4/2014 6/4/2015 HDA2013-08004 Parry 353 Coronado Drive 96 158 0.962 164.24 48 N/A 6/19/2014 6/19/2015 HDA2013-08005 Parry 625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 HDA2013-08007 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 2/20/2015 HDA2013-12008 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 655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)10 181 1.437 125.96 71 N/A 4/16/2014 4/16/2015 FLD2014-03007/HDA2014-02001 Nurnburger 521 South Gulfview Boulevard 30 344 3.908 88.02 314 N/A 6/19/2014 6/19/2015 FLD2013-11038/FLD2014-06019/ HDA2014-04002 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) Total Number of Rooms Allocated from Reserve 923 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Expiration Date Case Number Planner Notes 405 Coronado Drive 100 166 1.32 125.76 66 N/A PENDING PENDING HDA2013-08006 Parry Scheduled CC 1st Reading: 08-20-14 and 2nd Reading: 09-04-14 401 South Gulfview Boulevard 100 227 1.953 117.00 98 N/A PENDING PENDING HDA2014-06004 Parry Scheduled DRC meeting: 08-07-14; Tentative CC 1st Reading: 09-04-14 and 2nd Reading: 09-18-14 40 Devon Drive 13 98 0.659 148.70 32 N/A PENDING PENDING HDA2014-07004 Jackson Submitted 07.28.14 630 South Gulfview Boulevard 100 159 1.19 133.61 60 N/A PENDING PENDING 706 Bayway 15 32 0.349 91.69 17 N/A PENDING PENDING Total Number of Rooms Pending Allocation 328 Total Number of Rooms in Reserve 1,385 APPROVED HOTEL DENSITY RESERVE PROJECTS PENDING HOTEL DENSITY RESERVE PROJECTS CONSTRUCTED HOTEL DENSITY RESERVE PROJECTS Total Number of Rooms Allocated from Reserve 1,037 Total Number of Rooms Pending Allocation 328 Total Remaining For Allocation 20 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-445 Agenda Date: 9/2/2014 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Provide City Council with Planning and Development Staff’s substantive comments regarding the updated Countywide Plan Map and request approval to transmit to the Pinellas Planning Council. SUMMARY: The new Countywide Plan was mandated by a revision of the Special Act governing the Pinellas Planning Council (Chapter 2012-245) adopted by the Florida Legislation in 2012. The Act provides for the replacement of the existing Countywide Plan and Rules with a new policy-based Countywide Plan. On June 1, 2014, local governments were provided with a 90-day period to review and comment on the new Countywide Plan Map. On July 17, 2014, Linda Fisher, Pinellas Planning Council (PPC) Principal Planner presented an overview of the proposed updates to the Countywide Plan Map. The PPC has transmitted the proposed Countywide Plan Map for a 90-day review and comment period, which ends September 2, 2014. Michael Crawford, PPC Interim Executive Director, has agreed to accept the City of Clearwater’s comments on September 5 in order to allow staff the time to update City Council and receive formal approval of the substantive comments provided within the attached memo. Staff has identified four policy issues, and two additional substantive comments related to the following topics: 1.Legacy Entitlements 2.Transit-Oriented Land Use Vision Map and Countywide Plan Map Series 3.Coastal High Hazard Area (CHHA) Residential Density Limits 4.Corridors Depicted on the Vision Map 5.Scenic/Noncommercial Corridor Map 6.South Myrtle Avenue, Palmetto Street, and North Betty Lane as Secondary Corridors In addition to the aforementioned memo, the updated Countywide Map series and summary of the Legacy Entitlements resulting from the conversion of the future land use classifications to the proposed standard categories are available. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 8/28/2014 File Number: ID#14-445 Page 2 City of Clearwater Printed on 8/28/2014 1 To:City Council From:Lauren Matzke, Long Range Planning Manager Date:August 25, 2014 RE:Comments Pertaining to the Pinellas Planning Council’s Countywide Plan Map Update The new Countywide Plan was mandated by a revision of the Special Act governing the Pinellas Planning Council (Chapter 2012-245) adopted by the Florida Legislation in 2012. The Act provides for the replacement of the existing Countywide Plan and Rules with a new policy-based Countywide Plan. The new Countywide Plan Map is intended to be integrated with countywide transportation planning. The new land use framework includes fewer land use categories and a more streamlined process that requires fewer public hearings. Local governments were provided the following information as part of the Review Package: 1.The current and proposed Countywide Plan Maps at half-section scale to allow for a parcel level review; 2.The proposed Transit-Oriented Land Use Vision Map and new submaps; and 3.The document Countywide Plan Update –2014 Local Government 60 Day Review Package. Rules for implementationare currently under review, but were not provided within the Review Package. Michael Crawford, PPC Interim Executive Director, has agreed to accept the City of Clearwater’s comments on September 5, 2014 in order to allow staff the time to update City Council and receive formal approval of the substantive comments. A summary of the substantive comments, including policy issues and Planning and Development Department Staff recommendations, is as follows: 1.Legacy Entitlements(Policy Issue) The first significant policy issue is the proposedprocess of Legacy Entitlements.It addresses parcels in the City which, as currently designated on the City’s Future Land Use Map,would exceed the densities and/or intensities, or vary from the uses of the new categories as designated on the Countywide Plan Map. The approach proposed by the 2 PPC is that the current development rights of these properties would be allowed to continue subject to the Legacy Entitlements provisions. The new Countywide Plan Map combines all nine residential categories into one category,Neighborhood,which permits up to 10 units per acre (upa), or 15 upa if a parcel is within a ¼-mile buffer of a designated corridor(Corridor Overlay). Approximately 1,272 parcels (1,039 acres) within the City would be subject to residential density Legacy Entitlements and approximately 169 Institutional parcels (888 acres) would be subject to intensity Legacy Entitlementsbased on proposed conversion to Neighborhood. The process of converting the 36 category Countywide Plan Map to 11 categories affected a variety of other parcels within the City; however, the majority of potential Legacy Entitlements resulted from the conversion to the Neighborhood category. Staff has asked the Legal Department to review the proposed Legacy Entitlements process and to provide comments, if any,as part of City Council discussion. Recommendation:There are several approaches which could be taken that would reduce the number of parcels affected by legacy entitlements. Staff recommends that the Countywide Plan Map include an additional residential category to accommodate the City’s Residential Medium (812 parcels, 553 acres) andResidential High (346 parcels, 447 acres) designations. This new residential category could also be applied along the corridors instead of utilizing the Corridor Overlay to allow for higher residential densities in the Neighborhood category. 2.Transit-Oriented Land Use Vision Map & Countywide Plan Map Series(Policy Issue) The proposed Countywide Map seriesincludes the following: Transit-Oriented Land Use Vision Map (Vision Map) –A non-regulatory map that is not part of the adopted Countywide Plan Map series. The Vision Map is a policy document that will be used in conjunction with the larger Countywide Plan Map amendment process.The vision Map conceptually depicts Activity Centers and Multimodal Corridors and Supporting Corridors. Countywide Plan Map –Replaces the current Countywide Future Land Use Plan Map. Shows Standard and Nonstandard Plan categories. Sub Map 1 –Adopted as part of the map series, Sub Map 1 shows Nonstandard categories in more detail and overlay categories of Target Employment Center and Corridor. Sub Map 2 –Depicts Scenic/Noncommercial Corridors and replaces the current Submap No. 1 in the adopted map series. Recommendation:Staff proposes the following changes related to the Countywide Map Series: 1.Integrate the components of the Vision Map into the Countywide Plan Map through an overlay-type format since the Countywide Plan Map issupposed to be future- oriented; or 3 2.Adopt the Vision Mapand eliminate Sub Map 1. All categories that are officially approved including the Overlay categories should be shown directly on the Countywide Plan Map. The Overlay categories allow for additional densities and/or intensities and should be depicted on the Countywide Plan Map to reduce confusion going forward. The proposed Countywide Plan Map already depicts the adopted Multimodal Corridors and Activity Centers, which is redundant with Sub Map 1. 3.Coastal High Hazard Area (CHHA) Residential Density Limits(Policy Issue) As written, the new Countywide Plan Map would limit residential density within all standard categories to 5 upa for parcels within the CHHA. This results in Legacy Entitlements for approximately 1,492 parcels (887.11 acres) within the City. Recommendation:Staff does not support the CHHA residential density limitation as written. Although staff has discussed this directly with PPC staff who indicate this was not intended, Staff still wants to raise an objection to the current language. 4.Corridors Depicted on the Vision Map(Policy Issue) Supporting Corridors are shown on the Vision Map but are not an official “nonstandard category”.Staff has concerns that there is no recognition of regional connectivity with Hillsborough County shown on the Vision Map. Within the City, the Vision Map designates US Highway 19, Gulf to Bay Boulevard, South Fort Harrison Avenue, and portions of South Missouri Avenue, Druid Road, South Myrtle Avenue and Garden Avenue as Primary Corridors, consistent with the PSTA Core Bus Network where premium service is planned. It depicts portions of South Myrtle Avenue, Palmetto Street, and North Betty Lane as Secondary Corridors consistent with those categories identified on the PSTA Community Bus Plan as “Frequent Local Routes.” Avariety of roads are depicted as Supporting Corridors, including Belcher Road and portions of McMullen Booth Road, reflecting those corridors identified as “Supporting Local” and “Trolley Service” on the PSTA Community Bus Plan. Recommendation:Staff proposesthe followingchanges to the Vision Map: 1.Gulf to Bay Boulevard east to McMullen Booth Road should be designated Primary Corridortoensure that the City could includeparcelsthatit deems appropriate at the local level within its future US 19 Regional Center zoning district. 2.Staff asks thatPPC reconsider how it determines what will be shown as a Supporting Corridor. TheVision Map should showregional connections with Hillsborough County beyond those routes included in PSTA’s Community Bus Plan. Special Centers should be connected within the Countywide corridor framework shown on the Vision Map by Supporting Corridors. 4 5.Scenic/Noncommercial Corridor Map Sub Map 2 depicts those roadways designated with the Scenic/Noncommercial Corridor (SNCC)Overlay category, consistent with what is currently adopted. Portions of Belcher Road and McMullen Booth Road are designated SNCCs. Some of these same segments are also proposed asSupporting Corridors on the Vision Mapandare within the Corridor Overlay (proposed Sub Map 1). As written, these two designations are potentially in conflict with each other, and also with the Neighborhood category. Residential SNCC segments are primarily low density residential uses of 7.5 upa or lower on the Countywide Future Land Use Plan Map, whereas the proposed Neighborhood category allows up to 10 upa generally, or up to 15 upa if within ¼-mile of a corridor. Recommendation:The Countywide Rules need to clarify which standard would apply when a segment of roadway is shown as Supporting Corridor and Scenic/Noncommercial Corridor on the various maps. 6.South Myrtle Avenue, Palmetto Street, and North Betty Lane as Secondary Corridors PSTA has identified this bus route as a “Frequent Local Route” and therefore the Vision Map depicts these roadways as Secondary Corridors. Thus, the Corridor Overlay would be applied to those parcels designated Neighborhood on the Countywide Plan Map, allowing up to 15 upa. There is currently a mix of residential classifications along these corridors, but the area is primarily designated Residential Urban (7.5 upa) on the City’s Future Land Use Map. Recommendation: These corridors are not necessarily places where the City envisions additional densities in the future. The Review Package states that “if an adopted local density/intensity standard is lower than the corresponding Countywide Plan Map density/intensity standard, the lower standard shall apply.” Staff wants to ensure that this provision is clear withinthe Countywide Rules. Additional Comments: The following comments are not directly related to a policy or decision that is part of the Countywide Plan Map or Review Package. However, Staff wants to ensure City Council is aware of these concerns. 1.Corridor Specific Comments Staff has identified several segments of roadways within the City that should also be designated Supporting Corridoron the Vision Map and other maps as appropriate: 1.Chestnut Streetbetween S. Fort Harrison Avenue and S. Myrtle Avenue: Should be designated as Supporting Corridor as it is part of the Court/Chestnut pair and Court Street is designated as such. 5 2.Court Street (westbound) extending from S. FortHarrison Avenue to Memorial Causeway: Should be designated as a Supporting Corridor similar to the eastbound segment of Chestnut Street that is designated. 3.Drew Streetbetween Garden Avenue and N. Fort Harrison Avenue: Supporting Corridor designationshould be extended to connect to the N. Fort Harrison Avenue Supporting Corridor. 2.Acreage Thresholds for Certain Uses The Review Document includes acreage thresholds for various uses within the new categories and states that “any such use, alone or when added to existing contiguous like uses(s), exceeding the designated threshold, shall require a map amendment including such use and all contiguous uses.” This is very similar to language included in the current Countywide Rules now (ex: Office uses in the Neighborhood category limited to 3 acres maximum). Staff has several questions regarding how this provision has been and will be applied going forward. Staff would like the PPC to clarify how “like” uses will be aggregated; will thisspan rights-of-wayor be limited to a single side of the street? Clarity is important so that property owners understand the implications to their parcels if a tipping point is reached and a map amendment request alsorequires a Countywide Plan Map amendment which adds timeand expenseto the process. Countywide Plan Map DRAFT MAPStandard CategoriesNeighborhoodOfficeResortRetail & ServicesIndustrialEmploymentPublic/Semi-PublicRecreation/Open SpacePreservationNonstandard CategoriesActivity CenterMultimodal Corridor Pinellas County, Florida Gulf of Mexico Tampa Bay Hillsborough County Pasco County Prepared by: Pinellas Planning Council and Countywide Planning Authority pursuant to Chapter 88-464, Laws of Florida, as amended. Adopted XX Accepted by Resolution No. XX April 2014 DRAFT MAP 1 " = 3,000 ' The Countywide Plan Map is prepared and maintained by the Pinellas Planning Councilin accord with the Rules Concerning The Administriation of The Countywide Plan andany interpretation of the map shall be in accord with said Rules. All rights to this mapand the information on which it is based are reserved by the Pinellas Planning Council. N !!!!!! !! !! !! !! !! !! !! !!!! !! !! !! !! US HIGHWAY 19 N 4TH ST N COURT ST ULMERTON RD MAIN ST PARK BLVD N WEST BAY DR US 19A 38TH AVE N 62ND AVE N GULF TO BAY BLVD 22ND AVE S GULFPORT B LV DS 54TH AVE N 54TH AVE S SR580 EDGEWATER DR PARK ST N CENTRAL AVE PASADENAAVES 22ND AVE N 1ST AVE S 1ST AVE N TAMPA RD ALDERMAN RD G A N D Y B L V D CURLEW RD TYRONEBLVD N 102ND AVE N N BELCHER RD 5TH AVE N BELLEAIR RD E A S T LAKE RD 113TH ST N 71ST ST N N KEENE RD S BELCHER RD WALSINGHAM RD E TARPON AVE KEENE RD KEYSTONERD BRYAN DAIRY RD SR 590 118TH AVE N N E C O A C H M A N R D BAY PINES BLVD P I N E L L A S B A Y W A Y S INDIANROCKSRD T R I N I T Y B L V D MEMORIALCSWY F O R E S T LAKESBLVD CR 611 SUNSHINE S K Y WAY C O U R T N E Y C A M P B E L L C S W Y I-375 SEMINOLE BLVD DREW ST 34TH ST S OAKHURST RD 66TH ST N 16TH ST N G U L F B L V D I-275 34TH ST N B L I N D P A S S R D S MISSOURI AVE N PINELLAS AVE CR1 OMAHA ST MCMULLEN BOOTH RD STARKEY RD BELCHER RD SPINELLAS AVE S KEENE RD BAYSHOREBLVD B A Y S I D E B R I D G E P I N E L L A S BAYWAY CR 296 49TH ST N Activity Centers !Special Centers !Major Centers !Community Centers !!Transit Station Centers Multimodal Corridors Special Corridors Primary Corridors Secondary Corridors Other Corridors Supporting Corridors DRAFT Transit Oriented Land Use Vision Map April 2014 N1 inch = 3,000 feet Tampa Bay Gulf of Mexico !! !!CHESTNUT ST S GULFVIEW BLVD ORANGE ST SUMMERDALE DR REPUBLIC DR SKINNER BLVD CORONADO DR EAST LAKE RD CLEARWATER LARGO RD N PIER CE BLVD S MYRTLE AVE ENTERPRISE RD E DREW ST COURT ST EDGEWATER DR SUNSET POINT RD CLEVELAND ST C R 1 N FTHARRISONAVE GULFTO BAY BLVD E N T E R P R ISERD EVANS RD BELCH ER RD N HER CULES AVE GULFBLVD S KEENE RD NBELCHER RD S MISSOURI AVE S HIGHLAND AVE BELLEAIR RD S FT HARRISON AVE BAYSHOREBLVD KINGS HIGHWAY N MYRTLE AVE SAN CHRISTOPHER DR BROADWAY PATRICIA AVE MAIN ST MCMULLEN BOOTH RD CAUSEWAY BLVD N KEENE RD SR 590 US HIGHWAY 19 N N E C O A C H M A N R D FALCON DR TAMPA RD CURLEW RD S BELCHER R D DOUGLAS AVE F O R E S T L A KES BLVD SR 5 80 KE EN E R D B A Y S I D E B R I D G E MEMORIAL CSWY C O U R T N E Y C A M P B E L L C S W Y Activity Centers !Special Centers !Major Centers !Community Centers !!Transit Station Centers Multimodal Corridors Special Corridors Primary Corridors Secondary Corridors Other Corridors Supporting Corridors ¯ DRAFT Transit Oriented Land Use Vision Map 0 3,800 7,6001,900 Feet January 2014 Countywide Plan MapSub Map 1Activity CentersSpecial CentersMultimodal CorridorsSpecial CorridorsOther Centers & CorridorsTarget Employment CentersSupporting Corridors DRAFT Proposed Countywide Plan MapSubmap No. 1 April 2014 1 inch = 3,000 feet N GULF BLVD US HIGHWAY 19 N I-2 7 5 4TH ST N 66TH ST N 49TH ST N TAMPA RDCR 1 SR 580 PARK BLVD N ULMERTON RD US 19A 54TH AVE N 22ND AVE N 38TH AVE N 1ST AVE S E A S T L A K E R D 1ST AVE N 62ND AVE N 34TH ST S CENTRAL AVE PARK ST N 113TH ST N 5TH AVE N SEMINOLE BLVD CURLEW RD STARKEY RD 34TH ST N 16TH ST N RIDGE RD G A N D Y B L V D 37TH ST S KEYSTONE RD DREW ST MAIN ST 22ND AVE S PINELLAS BAYWAY 102ND AVE N 13TH AVE N BELLEAIR RD MCMULLEN BOOTH RD SUNSET POINT RD I-175 EAST BAY DR GULF TO BAY BLVD N KEENE RD BELCHER RD 28TH ST N I-375 N BELCHER RD DR MARTIN LUTHER KING JR ST N 71ST ST N 15TH ST B A Y S I D E B R I D G E ALDERMAN RD TYRONE BLVD N 118TH AVE N COUNTRYSIDE BLVD WEST BAY DR SR 590 OAKHURST RD BRYAN DAIRY RD OMAHA ST COURT ST ENTERPRISE RD E BAYSHORE BLVD S KEENE RD INDIAN ROCKS RD KEENE RD A N D E R S O N B L V D S BELCHER RD CR 296 BAY PINES BLVD CAUSEWAY BLVD GULFPORT BLVD S NEBRASKA AVE S MISSOURI AVE T R I N I T Y B L V D N PINELLAS AVE SUNSHINE SKYWAY C O U R T N E Y C A MP B E L L C S W Y PASADENA AVE S P I N E L L A S B A Y W A Y S WALSINGHAM RD S PINELLAS AVE B LIN D P A S S R D EDGEWATER DR ORANGE ST 19TH ST CLEVELAND ST E TARPON AVE F O R E S T L A K E S B L V D 37TH ST N N E C O A C H M A N R D KINGS HIGHWAY S FT HARRISON AVE 119TH ST N MEMORIAL CSWY N MYRTLE AVE N FT HARRISON AVE ROOSEVELT BLVD 126TH AVE N CR 611 E KLOSTERMAN RD EVANS RD D U H M E R D RIDGE RD SW N MISSOURI AVE S NELL ISLE BLV D NE 8TH ST S W KLOSTERMAN RD N BAYSHORE BLVD CLEARWATER LARGO RD N 3RD ST N FAIRWAY AVE S 4TH ST S 75TH AVE 8TH ST N TREASURE ISLAND CSWY S BAYSHORE BLVD BEACH DR NE 45TH AVE S 150TH AVE SUNSET DR OVERLO OK DR NE CHESTNUT ST BROADWAY S GULFVIEW BLVD REPU BL I C DR COUNTRY CLUB W AY S 54TH AVE S WOLFORD RD C H A N C E L L O R S T N E 116TH ST N WILD ACRES RD ELK C A M B LV D S E F R O N T A G E R D 5TH AVE W E LC H CSWY BELLEAIR BEACH CSWY 125TH ST N 131ST ST N PENNSYLVANIA AVE CONNECTICUT AVE NE 35TH TERR S R I D G E R D ROOSEVELT BLVD S BELCHER RD I-2 7 5 P I N E L L A S B AY W A Y BELCHER RD 62ND AVE N G U L F B L V D KEENE RD SR 580 ROOSEVELT BLVD CR 296 N BELCHER RD 12 6TH AV E N Legend Scenic/Noncommercial Corridor Type Rural/Open Space Residential Mixed Use Unique/Scenic View Enhancement Connector Pasco County Hillsborough County Tampa Bay Gulf of Mexico The Scenic/Noncommercial Corridor Map, Countywide Plan Map Submap No. 2, is preparedand maintained by the Pinellas Planning Council in accord with the Rules Concerning TheAdministration of The Countywide Plan and any interpretation of the map shall be in accord with said Rules. All rights to this map and the information on which it is based are reserved by the Pinellas Planning Council. 1 " = 3,000 'N Scenic/NoncommercialCorridor Map Countywide Plan Map Submap No. 2Pinellas County, Florida Date Saved: 4/11/2014 Summary of Legacy Entitlements Total: Density entitlements: 1,275 parcels / 1,041.97 acres Intensity entitlements: 186 / 986.95 acres Legacy Entitlements resulting from conversion to Neighborhood Category: Density entitlements: 1,272 parcels / 1,038.97 acres 1.RM (outside Buffer):812 parcels / 522.53 acres 2.RH (citywide): 346 parcels / 447.45 acres 3.R/OG (outside buffer): 16 parcels / 8.11 acres 4.R/O/R (citywide): 0 parcels affected 5.CL (Citywide): 0 parcels affected 6.CG (citywide): 82 parcels / 29.10 acres 7.I(outside buffer): 16 parcels / 31.78 acres Intensity entitlements: 171 parcels / 944.85 acres 1.I (citywide): 169 parcels / 887.65 acres 2.T/U (Citywide): 2 parcels / 57.20 acres Legacy Entitlements resulting from conversion to Office Category: Intensity entitlements: 3 parcels / 20.3 acres 1.I (Citywide): 3 parcels / 20.3 acres 2.T/U (Citywide) : 0 parcels affected Legacy Entitlements resulting from conversion to Retail & Services Category: Intensity entitlements: 12 parcels / 21.8 acres 1.I (Citywide): 12 parcels / 21.8 acres 2.T/U (Citywide) : 0 parcels affected Legacy Entitlements resulting from conversion to Employment Category: Density entitlements: 3 parcels / 3.0 acres 1.I (citywide): 3 parcels / 3.0 acres 2.T/U (Citywide) : 0 parcels affected Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-433 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8575-14 on second reading, amending 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. 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 8/28/2014 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: ID#14-432 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 2 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8580-14 on second reading, amending Section 22.35 of the City of Clearwater Code of Ordinances, to clarify areas where fishing on public beaches is restricted. 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 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8573-14 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8573-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office 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). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 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 OFTHE 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 Bis 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: ResidentialUrban(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. A portion of 16-29-16-15074-001-0010 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. A portion of 16-29-16-15074-001-0010 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. A portion of 16-29-16-15074-001-0010 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 McMULLEN-BOOTH RD CHERRY LN CLEVELAND ST JOHNS PK WY DOWNING ST FEATHERWOOD CT OYSTER BAYOU WAY COLONIAL DR I I I I I I I I RU RU I R/OL I I I I RLM RU RU RUR/OL RU 19 11 116 110 150 123 3110 3080 30 7 5 30 8 7 304 2 30 8 1 30 8 5 30 5 3 30 6 1 30 6 5 31 0 9 31 1 1 3108 3103 3107 3105 3101 3065 3107 3101 31123106 3101 3113 3059 3100 3108 3060 120Camr 25 200 210 3078 3054 3076 3114 3105 3119 3107 310 310 331 3053 3048 -N o t t o S c a l e - -N o t a S u r v e y - 3049 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-435 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 8574-14 on second reading, amending the Zoning Atlas of the city by rezoning certain real property 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). SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 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. McMULLENBOOTH 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 ADDRESSESARE 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 Bis 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 8573-14by 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. A portion of 16-29-16-15074-001-0010 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. A portion of 16-29-16-15074-001-0010 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. A portion of 16-29-16-15074-001-0010 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 PK WY DOWNING ST FEATHERWOOD CT OYSTER BAYOU 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 25 210 123 3078 3054 3042 3076 3103 3107 3105 3101 3114 31123106 3105 3119 3101 3107 3113 310 310 331 3053 3100 3108 3048 -N o t t o S c a l e - -N o t a S u r v e y - 3049 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-437 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 8577-14 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 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, and 1813 Carlton Drive, all in Clearwater, Florida 33769, together with certain rights of way 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 Drainage Feature Overlay. SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 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 PROPERTIESLOCATED 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 ADDRESSESARE2723/2725 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 DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE ITORDAINED 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 (ATA2014-05002) The mapsattached as Exhibit B and Carehereby 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 GeorgeN. 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 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 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 9 -N o t t o S c a l e - -N o t a S u r v e y - 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 0 1 26 8 9 26 2 5 1812 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 -N o t t o S c a l e - -N o t a S u r v e y - P RL RL RL RL RL Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8576-14 Agenda Date: 9/2/2014 Status: DraftVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 8576-14 on second reading, annexing certain real property 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, and 1813 Carlton Drive, all in Clearwater, Florida 33769, together with certain rights of way 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 additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 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 ADDRESSESARE2723/2725 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 propertiesdescribed herein and depicted on the mapsattached hereto as ExhibitsB and C havepetitioned the City of Clearwater to annex the propertiesinto 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 propertiesarehereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: SEE ATTACHED EXHIBIT A (ATA2014-05002) The mapsattached as Exhibit B and Cis 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, 2 Ordinance No. 8576-14 within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: 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 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 2 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 18 4 9 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 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 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 -N o t t o S c a l e - -N o t a S u r v e y - 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 -N o t t o S c a l e - -N o t a S u r v e y - Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-438 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 8578-14 on second reading, amending the Zoning Atlas by zoning certain real property 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, and 1813 Carlton Drive, all in Clearwater, Florida 33769, together with certain rights of way of: South Drive, Woodring Drive, Morningside Drive, Evans Drive and Terrace Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Preservation (P). SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 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 PROPERTIESLOCATEDGENERALLY 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 ADDRESSESARE2723/2725 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 foundto 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 propertieslocated 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 mapsattached as ExhibitsB and Carehereby 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 (ATA2014-05002) 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 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 6 11 12 13 14 15 16 1 2 3 4 5 6 11 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 1836 27 0 1 27 6 2 1 8 6 1 1 8 4 9 2 7 7 5 2 7 1 827 1 0 26 7 4 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 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 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 1813 1819 1825 1831 1830 1824 1818 1812 1812 1818 1830 1836 1813 1813 1819 1825 1831 1837 1819 1827 18091812 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 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 -N o t t o S c a l e - -N o t a S u r v e y - 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 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 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 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 1736 1745 1749 1753 1760 1755 1754 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 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 1753 1765 1740 1746 1752 1758 1741 1740 1744 1750 1756 1764 1768 1749 1761 1742 1760 1766 1772 1778 1743 1749 1761 1767 1748 1754 1760 1766 1772 1778 1743 1761 1767 1775 26 6 0 1758 1766 1774 27 3 0 27 1 8 27 0 7 27 0 1 26 8 9 1812 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 6 1824 1824 1837 1813 1819 1825 1837 1759 27 1 1 27 1 5 1818 1807 2700 0 2 6 4 1800 1806 1818 1806 1825 4 8 0 1733 2710 -N o t t o S c a l e - -N o t a S u r v e y - P P P LMDR LMDR LMDR LMDR Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-439 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 8579-14 on second reading, 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 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. SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 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 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; PROVIDING AN EFFECTIVE DATE. WHEREAS, owners of real property located in the City of Clearwater, have requested that the City vacate the utility easementsdepicted inExhibit A attached hereto; and, WHEREAS, the City Council finds that said easements arenot 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 ALONGTHE 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 arehereby 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 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-408 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 10.9 SUBJECT/RECOMMENDATION: Authorize the City Attorney to allocate an additional $25,000 to cover outside counsel costs in the appeal of the case of Thomas Petersen and Inge Spatuzzi v. City of Clearwater, Case No. 13-008224-CI. SUMMARY: The City was sued by Petersen (a resident of Waters Edge) and Spatuzzi (a resident of Pierce 100). Their complaint sought declaratory and injunctive relief in the form of a ruling that (1) the ballot question that seeks to authorize a long term lease of the “bluff” where City Hall is presently located, to the Clearwater Marine Aquarium, is misleading and fails to comport to statutory requirements, (2) the Memorandum of Understanding between the City and CMA constitutes an unlawful pledge of credit by a municipality to a private entity, and (3) the proposed aquarium does not serve a valid municipal purpose, and that, therefore, the City could not place the referendum question on the ballot in the November 2013 election. The referendum question was placed on the ballot and approved by the voters of the City. The defense of this case was assigned to Alan Zimmet, Esq. of Bryant, Miller, Olive, with an initial budget in the amount of $40,000.00. The total amount billed for the case was $40,067.11. The Clearwater Marine Aquarium has reimbursed the City for this amount. On June 24, 2014, the Judge entered an order granting Final Summary Judgment in favor of the City, stating that the referendum question was not misleading and satisfied statutory requirements. On July 18, 2014, the Plaintiffs, Spatuzzi and Petersen, appealed that ruling to the Second District Court of Appeal. The City Attorney is requesting an initial allocation of $25,000.00 for Mr. Zimmet to defend this appeal. APPROPRIATION CODE AND AMOUNT: Funds are available in the City Attorney’s Professional Services Fund 010-09600-5301-514-000-0000 to fund this representation. Page 1 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-446 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Worksession Agenda Number: 11.1 SUBJECT/RECOMMENDATION: North Clearwater Beach Sand Dunes/Sea Oats SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-405 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: City Manager Verbal Report In Control: Council Worksession Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Update on plans for City Centennial SUMMARY: N/A APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-451 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Worksession Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Suncoast League of Cities Candidate Forum - Councilmember Jonson SUMMARY: Councilmember Jonson is unable to attend the League’s Candidate Forum on September 24 at Pinellas Park 5:30-8:30 p.m. Councilmember Jonson wishes to discuss having a member of Council represent the City at the event. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-411 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 3 File Type: Presentation(s) for Council Meeting In Control: Council Worksession Agenda Number: 17.1 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 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-447 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Worksession Agenda Number: 17.2 SUBJECT/RECOMMENDATION: Sickle Cell Awareness Proclamation - Tony Hinson, Sickle Cell Disease Association of Upper Pinellas, Pasco and Hernando Counties SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-448 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Worksession Agenda Number: 17.3 SUBJECT/RECOMMENDATION: PTA Reflections Week Proclamation - Tracy Joyce, Plumb Elementary PTA President; Karla Moreno, VP Programs; and Judi Hurst, Reflections Chairperson SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-449 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Worksession Agenda Number: 17.4 SUBJECT/RECOMMENDATION: International Day of Peace Proclamation: Bill Houser, Words of Peace Global Foundation SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#14-450 Agenda Date: 9/2/2014 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Worksession Agenda Number: 17.5 SUBJECT/RECOMMENDATION: Constitution Week Proclamation - Elizabeth Warner of the Daughters of the American Revolution SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 8/28/2014