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.
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L
P/
L
P/
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P/
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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
'
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9
"
10
'
-
0
"
10'-0"
10'-0"10'-0"
10'-5"
15
'
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6
"
64
'
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1
0
"
14
'
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4
"
24'-0"
25
'
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0
"
38'-10"
5'-0"9'-5"128'-6"6'-0"29'-6"16'-2"
16'-2"88'-10"
24
'
-
1
1
"
22
'
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0
"
2'-0"
26'-0"HC
120' STEPBACK AT 20'ABOVE BFE 10' SETBACK
20
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1
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70
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9
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16'-5"16'-7"21'-7"
22'-9"
26'-3"
23'-11"
27'-1"
26'-9"
22'-0"
30'-4"STAIR C 22'-11"
CLEARWATER, FL
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24
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24'-0"
7
5
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7
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81'-2"
5'
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8
"
14
'
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9
"
30
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6
"
14
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8
"
37
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0
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82
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8
"
15
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6
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64
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1
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39'-0"
5'-0"9'-5"128'-6"6'-0"29'-6"16'-2"
16'-2"88'-10"
ST
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20' STEPBACK AT 20'ABOVE BFE 10' SETBACK
20
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CLEARWATER, FL
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30
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6
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14
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8
"
72
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9
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22
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0
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80
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4
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14
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4
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39'-2"
5'-0"17'-8"60'-11"39'-1"55'-9"16'-2"
88'-9"
ST
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26'-0"
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20' STEPBACK AT 20'ABOVE BFE 10' SETBACK
20
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CLEARWATER, FL
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14
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5'-4"30'-11"42'-8"90'-9"5'-0"
22
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72
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15
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14
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5'-0"62'-7"31'-7"
19
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43
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32
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STEPBACK
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20' STEPBACK AT 20'ABOVE BFE 10' SETBACK
20
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20'-5"
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14
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8
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30
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6
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14
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"
6'-6"59'-10"7'-8"
14
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9
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45
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5'-4"30'-11"42'-8"90'-9"5'-0"
15
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22
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GLASS RAILINGSYSTEMGARAGE OPENINGSPROTECTED BYBARRIER WALLPRE-FINISHEDALUMINUMBAHAMA SHUTTERS
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14'-0"10'-0"10'-0"14'-0"10'-8"10'-8"10'-8"11'-8"13'-4"12'-0"4'-6"100'-0"BASE FLOOD12'-0" NAVD LEVEL TWOEL.= +14'-0"LEVEL THREEEL.= +24'-0"LEVEL FOUREL.= +34'-0"LEVEL FIVEEL.= +48'-0"LEVEL SIXEL.= +58'-8"LEVEL SEVENEL.= +69'-4"LEVEL EIGHTEL.= +80'-0"LEVEL NINEEL.= +91'-8"MAIN ROOFEL.= +102'-0"LEVEL ONEEL.= +0'-0"TOP OF STAIR TOWEREL.= +114'-0"
2
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HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
1
Attachment C
Beach by Design Criteria
A. Density:
DESIGN RESPONSE:
The project will maintain an overnight accommodation density of 126 units per
acre based on a 1.32 acre parcel. This includes 66 base density units plus 100
additional units requested from the Hotel Density Reserve via a Development
Agreement. The total number of units proposed for overnight accommodations is
166
B. Height & Separation:
DESIGN RESPONSE:
The highest base flood elevation on site is (AE) 12 feet. The maximum allowable
building height is 100’-0” above the base flood elevation. The proposed building
height is 100’-0” above the base flood elevation, to top of roof, and 112’-0” to top
of roof top mechanical and stair towers.
C. Design, Scale and Mass of Building:
1. Buildings with a footprint of greater than 5000 square feet or a single
dimension of greater than one hundred (100) feet will be constructed so
that no more than two (2) of the three (3) building dimensions in the
vertical or horizontal planes are equal in length. For this purpose, equal
in length means that the two lengths vary by less than forty (40%) of the
shorter of the two (2) lengths. The horizontal plan measurements relate
to the footprint of the building.
DESIGN RESPONSE:
The massing of the proposed building is comprised of an “L” shaped tower with
each leg approximately 65’ wide by 160’ long and 70’ tall, sitting on a 3-story 30’
tall parking base, and intersecting at the corner of 5th and Coronado. The 3-story
parking garage extends southward along Coronado Dr. 180+ feet beyond the end
of the residential portion of the building.
The intent of this portion of Beach by Design is to avoid boxy static building
designs; this building incorporates significant movement and massing articulation
and provides for a varied and energetic massing design.
See attached plans and elevations,
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
2
2. No plane of a building may continue uninterrupted for greater than one
hundred linear feet (100’). For the purpose of this standard, interrupted
means an offset of greater than five feet (5’).
DESIGN RESPONSE:
The proposed building design adds many horizontal steps to three of the building
facades such that no one surface is longer than 100 feet without a break in the
façade. See attached plans and elevations; there is an exception to this for the
southern parking ramp, located on the interior of the site.
The ramps are longer than 100 feet and notching the building is not practical
given the narrow dimension of the property and our desire to maintain the
recommended 10 ‘ side yard setback. Adding a building offset at this façade
would either reduce the side setback to 5’ or reduce the parking on each of the
parking levels and require an additional level of parking and a taller garage
podium. The 140’ long section occurs on an interior, secondary façade of the
building.
We visually broke up the length of this one area of the building with articulated
openings and decorative concrete wall panels. This portion of the building is also
the lowest, at 30’, and least imposing on the surrounding properties.
The Coronado and Hamden stepback guidelines, all but, necessitate a maximum
three story parking structure to achieve the 20 foot stepback at the 20 foot height.
3. At least sixty percent (60%) of any elevation will be covered with
windows or architectural decoration. For the purpose of this standard,
an elevation is that portion of a building that is visible from a particular
point outside the parcel proposed for development.
DESIGN RESPONSE:
In the proposed elevation design, a significant portion of each façade is
composed of windows, balconies, green screens and articulated façade elements.
The result is that over 60% of each façade is covered in windows and/or
architectural decoration.
See attached plans and elevations
4. No more than sixty percent (60%) of the theoretical maximum building
envelope located above forty-five feet (45’) will be occupied by a
building. However, in those instances where an overnight
accommodations use on less than 2.0 acres that has been allocated
additional density via the Hotel Density Reserve, no more than seventy-
five percent (75%) of the theoretical maximum building envelope located
above forty-five feet (45’) may be occupied by a building unless the
property is located between Gulfview Boulevard and the Gulf of Mexico,
then no more than 70% may be occupied by a building.
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
3
DESIGN RESPONSE:
The proposed design occupies approximately 56% of the “Theoretical Building
Envelope” above 45’. This is significantly less than the allowable 75%.
5. The height and mass of buildings will be correlated to: (1) the
dimensional aspects of the parcel of the parcel proposed for
development and (2) adjacent public spaces such as streets and parks.
DESIGN RESPONSE:
The building height is maintained at 100’, as dictated in Beach by Design. The
height and mass of the building meets the design standards of Beach by Design.
The massing of the building allows for landscape buffer areas of 15 feet on
Hamden Dr., 15’ along 5th Street, and 10’ to 20’ along Coronado Dr. In addition to
the greenspace surrounding the building the landscape design concept calls for
10’ wide public sidewalks, hardscape plazas at the hotel entry and hotel retail
entry.
See attached plans and elevations,
6. Buildings may be designed for a vertical or horizontal mix of permitting
uses.
DESIGN RESPONSE:
The building will be designed to provide the dining, hotel related retail, and a mix
of overnight accommodation space, typical for a limited service hotel. The
proposed hotel retail and restaurant uses are intended strictly as accessory uses,
to support the needs of hotel guests, and are within the allowable 15% of Gross
Floor Area accessory allowance.
D. Setbacks & Stepbacks:
1. Rights-of-way.
The area between the building and the edge of the pavement as existing
and planned should be sufficiently wide to create a pedestrian-friendly
environment. The distances from structures to the edge of the right-of-way
should be:
DESIGN RESPONSE:
a) Fifteen feet (15') along arterials, and (Proposed 10.00’ to 20’ on Coronado
Drive) and 15’ on Hamden Drive. Hamden and Coronado both have a 60’
wide ROW. The 15’ setback on Hamden is prescribed in BbD, and along
with the 15’ setback gives nearly 30’ buffer from the building to the curb.
Along Coronado Dr. we are requesting a minimum 10’ setback. This
setback occurs only in a few locations, given the curve on Coronado. The
building average setback on Coronado is approximately 17 feet.
b) Twelve feet (12') along local streets. (Proposed 15.00’ on 5th Street)
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
4
The 5th Street setback is greater than the 12’ setback prescribed in BbD.
This façade also mirrors the 15’ setback on Parcel B, giving a 90’ building
separation at the first three floors and increasing to nearly 105 feet at the
tower elevations.
2. Side and Rear Setbacks
Side and rear setbacks shall be governed by the provisions of the Tourist
District of the Community Development Code unless otherwise prescribed
in the applicable Character District provisions contained in Section II.,
Future Land Use.
DESIGN RESPONSE:
10’ setback proposed.
3. Coronado Drive Setbacks and Stepbacks.
To reduce upper story massing along the street and ensure a human scale
street environment, buildings using the hotel density reserve along
Coronado Drive and Hamden Drives shall be constructed in accordance
with the following:
a. Buildings constructed with a front setback of
fifteen feet (15’) or more shall stepback with a
minimum depth of fifteen feet (15’) from the
setback line at a height not more than twenty-five
feet (25’).
DESIGN RESPONSE:
Along Hamden Drive, the proposed building is setback back 15’ from the ROW
line and has an additional 15’ stepback at 20’ (above BFE) for 100% of the
building frontage. Please see Elevations, plans, and isometric massing study.
b. Buildings constructed with a front setback greater
than or equal to ten feet (10’) and less than fifteen
feet (15’) shall stepback at a height not more than
twenty feet (20’). The required stepback/ setback
ratio is one and one-half feet (1.5’) for every one
foot (1’) reduction in setback in addition to the
minimum stepback of fifteen feet (15’).
DESIGN RESPONSE:
Along Coronado Drive, the proposed building has a minimum setback of 10’ and
correspondingly the building is stepped back an additional 20’ at the requisite 20’
height (above BFE) for approximately 76% of the building frontage. (75%
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
5
minimum is prescribed under Beach by Design.) Please see Elevations, plans,
and isometric massing study.
As described above, the 3 story garage extends nearly 180 feet beyond the hotel
proper, along Coronado Dr. While the design proposes to step the main
structure of the building at the 20’ height, as required by Beach by Design, we
are proposing to add some architectural embellishments, greenscreens, which
extend 8’ above the required 20’ cutoff. The green screens serve to break up the
long horizontal mass of the building, create a more varied, softer pedestrian
experience, and shield a portion of the exposed parking; exposed because of the
stepback requirements.
c. Buildings constructed with a front setback of less
than ten feet (10’) shall provide a building stepback
required stepback/ setback ratio is two and one-half
feet (2.5’) for every one foot (1’) reduction in setback in addition to the
minimum stepback of fifteen feet (15’).
DESIGN RESPONSE:
N/A
d. To achieve upper story facade variety and
articulation, additional stepbacks may be required.
To avoid a monotonous streetscape, a building
shall not replicate the stepback configuration of the
neighboring buildings including those across
rights-of-way.
DESIGN RESPONSE:
The neighboring buildings along Coronado Drive are low rise buildings and
the proposed design does not mimic or mirror the existing buildings.
e. Required stepbacks shall span a minimum of 75%
of the building frontage width.
DESIGN RESPONSE:
The required stepbacks span approximately 76% of the building frontage along
Coronado Drive and 100% on Hamden Drive. The proposed design brings
certain appropriate and reasonable portions of the building forward to create
appropriate mass, presence and a sense of entry along Coronado and Hamden
Drives.
E. Street-Level Facades
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
6
The human scale and aesthetic appeal of street-level
facades, and their relationship to the sidewalk, are essential to a
pedestrian-friendly environment. Accordingly:
1. at least sixty percent (60%) of the street level facades of
buildings used for nonresidential purposes which abut a
public street or pedestrian access way, will be transparent.
For the purpose of this standard:
a) street level facade means that portion of a building
facade from ground level to a height of twelve feet
(12')
DESIGN RESPONSE:
At least 60% of the street level facades are transparent. The facades include
significant amount of glazed storefront at the building entry and accessory
spaces on Coronado and 5th, as well as the Porte Cochere and building entrance
on 5th, and along Hamden Drive the view into the garage is decoratively
screened with metal green screening. Additionally, as defined below, the
buildings are setback approximately 15 feet or more from all three street front
facades, so the streetscapes are effectively 100% transparent. See attached
plans and elevations,
b) transparent means windows or doors that allow pedestrians to see
into:
i. the building, or
ii. landscaped or hardscaped courtyard or plazas,
where street level facades are set back at least
fifteen feet (15') from the edge of the sidewalk
and the area between the sidewalk and the
facade is a landscaped or hardscaped courtyard
DESIGN RESPONSE:
The buildings step back 15 feet or more from all three street front facades, so the
streetscapes are effectively 100% transparent. See attached plans and
elevations,
c) parking structures should utilize architectural
details and design elements such a false recessed
windows, arches, planter boxes, metal grillwork,
etc. instead of transparent alternatives. When a
parking garage abuts a public road or other public
place, it will be designed such that the function of
the building is not readily apparent except at points
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
7
of ingress and egress.
DESIGN RESPONSE:
The design proposes decoratively screened and articulated garage openings on
the first two levels. At the third level we propose undecorated garage openings,
however, the openings will still be modulated to coordinate with the general
rhythm and pattern of the other building façade openings and windows. The
openings in the parking area at the 4th floor level is pulled back minimally 15 feet
from the face of the building, effectively hiding the openings from pedestrian and
higher levels.
See attached plans and elevations,
2. Window coverings, and other opaque materials may cover
not more than 10% of the area of any street-level window
in a nonresidential building that fronts on a public right-of way.
DESIGN RESPONSE:
Not more than 10% of the area of any street-level windows are opaqued,
3. Building entrances should be aesthetically inviting and
easily identified. Goods for sale will not be displayed outside of a building,
except
as a permitted temporary use. This standard does not
apply to outdoor food service establishments.
DESIGN RESPONSE:
Acknowledged,
4. Awnings and other structures that offer pedestrians cover
from the elements are recommended. Awnings help define
entryways and provide storefront identity to both
pedestrians and drivers.
DESIGN RESPONSE:
The design proposes cantilevered awnings and canopies along the Coronado
hotel entry and accessory area facades as well as a significant canopy over the
Porte Cochere on 5th Street. These façade articulations will serve to identify the
available hotel activity areas and entrances.
See attached plans and elevations
F. Parking Areas
To create a well-defined and aesthetically appealing street
boundary, all parking areas will be separated from public rights of
way by a landscaped decorative wall, fence or other opaque
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
8
landscape treatment of not less than three feet (3’) and not more
than three and one-half feet (3½’) in height. Surface parking areas
that are visible from public streets or other public places will be
landscaped such that the parking areas are defined more by their
landscaping materials than their paved areas when viewed from
adjacent property. The use of shade trees is encouraged in parking lots.
However, care should be taken to choose trees that do not drop excessive
amounts of leaves, flowers, or seeds on the vehicles below. Entrances to
parking areas should be clearly marked in order to avoid confusion and
minimize automobile-pedestrian
conflicts. Attractive signage and changes to the texture of the road (such
as pavers) are recommended. When a parking garage abuts a public road
or other public place, it will be designed such that the function of the
building is
not readily apparent except at points of ingress and egress.
DESIGN RESPONSE:
The design proposes decoratively screened and articulated garage openings on
the first two levels. At the third level we propose undecorated garage openings,
however, the openings will still be modulated to coordinate with the general
rhythm and pattern of the other building façade openings and windows. The
openings in the parking area at the 4th floor level is pulled back minimally 15 feet
from the face of the building, effectively hiding the openings from pedestrian and
higher levels.
See attached plans and elevations,
G. Signage
Signage is an important contributor to the overall character
of a place. However, few general rules apply to signage.
Generally, signage should be creative, unique, simple, and
discrete. Blade signs, banners and sandwich boards should not be
discouraged, but signs placed on the sidewalk should not obstruct
pedestrian traffic.
DESIGN RESPONSE:
Signage shall be designed per code and submitted for approval along with the
building permit.
H. Sidewalks
Sidewalks along arterials and retail streets should be at
least ten feet (10’) in width. All sidewalks along arterials and
retail streets will be landscaped with palm trees, spaced to a
maximum of thirty-five feet (35') on centers, with “clear grey” of
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
9
not less than eight feet (8'). Acceptable palm trees include sabal
palms (sabal palmetto), medjool palms (phoenix dactylifera
‘medjool’), and canary island date palms (phoenix canariensis).
Sidewalks along side streets will be landscaped with palms (clear
trunk of not less than eight feet (8')) or shade trees, spaced at
maximum intervals of thirty-five feet (35') on centers.
Portions of required sidewalks may be improved for nonpedestrian
purposes including outdoor dining and landscape material, provided that:
1. movement of pedestrians along the sidewalk is not
obstructed; and
2. on-pedestrian improvements and uses are located on the
street side of the sidewalk. Distinctive paving patterns should be used to
separate
permanent sidewalk café improvements from the pedestrian space on the
sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving
should also be used to mark crosswalks.
DESIGN RESPONSE:
Sidewalks are minimally 10’ wide. Landscaping shall be designed per code and
shall be submitted for approval at DRC application.
I. Street Furniture and Bicycle Racks
Street furniture, including benches and trash receptacles
should be liberally placed along the sidewalks, at intervals no
greater than thirty linear feet (30') of sidewalk. Bicycle racks
should also be provided, especially near popular destinations, to
promote transportation alternatives. Complicated bicycle rack
systems should be avoided. The placement of street furniture and
bicycle racks should not interrupt pedestrian traffic on the
sidewalk.
DESIGN RESPONSE:
Street Benches and trash receptacles area proposed along Coronado Drive and
shall be designed per code and submitted for approval at building permit..
J. Street Lighting
Street lighting should respond to the pedestrian-oriented
nature of a tourist destination. In this context, it should balance
the functional with the attractive – providing adequate light to
vehicular traffic, while simultaneously creating intimate spaces
along the sidewalks. Clearwater’s historic lighting is an attractive,
single-globe fixture atop a cast-iron pole.
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
10
DESIGN RESPONSE:
Street lighting, it has not been decided if lighting is to be provided, if the
ownership determines that they wish to provide street lighting, it shall be
designed per code and submitted for approval at building permit.
K. Fountains
Fountains provide attractive focal points to public spaces
and add natural elements to urban environments. They should be
interesting, engaging and unique. While it is important not to
overburden architectural creativity regarding fountains, they
should meet at least the following standards in order to be a
functional and attractive component of the public space:
1. They should be supplemented with street furniture such as
benches and trash receptacles, and
2. They should have rims that are:
a. Tall enough to limit unsupervised access by small
children, and
b. Wide enough to permit seating.
Fountains should be encouraged in landscaped and
hardscaped courtyards and plazas.
DESIGN RESPONSE:
There are no fountains planned for the property, at this time.
L. Materials and Colors
1. Facades
Finish materials and building colors will reflect Florida or
coastal vernacular themes. All awnings should contain at
least three (3) distinct colors. Bright colors will be limited
to trims and other accents. Glass curtain walls are prohibited.
DESIGN RESPONSE:
The design is primarily white stucco with pale blue and blue-gray surfaces. All
colors are anticipated to follow the BbD color palate.
2. Sidewalks
HDA2013‐08006 405 Coronado Dr.(PARCEL C) 2014
11
Sidewalks will be constructed of:
a. Pavers;
b. Patterned, distressed, or special aggregate concrete;
or
c. Other finished treatment that distinguishes the
sidewalks from typical suburban concrete sidewalks.
Materials should be chosen to minimize the cost and complexity
of maintenance.
DESIGN RESPONSE:
Proposed sidewalks will be designed using several coordinating paver styles as
well as concrete.
3. Street Furniture
Street furniture will be constructed of low-maintenance
materials, and will be in a color that is compatible with its
surroundings.
DESIGN RESPONSE:
Concrete street benches are being proposed along Coronado Drive. Designs
shall be coordinated with City staff.
4. Color Palette
A recommended palette for building colors is presented
on the following page.
DESIGN RESPONSE:
The building shall utilize the BbD color palates.
UPDATED 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
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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
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W
A
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E
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,
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
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W
A
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,
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
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D
D
R
A
W
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N
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L
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:
PR
O
J
E
C
T
N
O
:
DR
A
W
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N
G
T
I
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L
E
:
SH
E
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T
:
PR
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L
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IS
T
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L
.
P
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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
'
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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
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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
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ITEM:DATE:
COL14.01
ISSUE DATE:
AL
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PROJECT TITLE:
ISSUED DRAWING LOG:
PROJECT NO:
DRAWING TITLE:
SHEET:
HDA APPLICATION
ISTVAN L. PETERANECZ
AR94533
FLORIDA
2013.06.27
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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
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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
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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
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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
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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
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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
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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
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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
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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
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F
B
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D
I-275
34TH ST N
B
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I
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P
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AVE
N
PINELLAS
AVE
CR1
OMAHA ST
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STARKEY RD
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SPINELLAS
AVE
S KEENE RD
BAYSHOREBLVD
B
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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
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FTHARRISONAVE
GULFTO BAY BLVD
E
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GULFBLVD
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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
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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
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S
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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
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-N
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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
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LMDR, MDR, P
Atlas Page: 264A
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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
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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
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Exhibit C
Proposed Annexation Map 2 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
50 50 50 60 60
60
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60
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66
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EVANS DR
MORNINGSIDE DR
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LUCAS DR
AUDREY
DR
MARILYN DR
CARLTON DR
CARDINAL DR
N TERRACE DR
AUDREY DR
OWEN DR
CARDINAL DR
SKYLAND DR
TERRACE DR
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1746
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1762
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2672
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27
2
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2724
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1806
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1752
1779
1773
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173
174
174
175
176
1740
1746
1752
1758
1733
1740
1744
1750
1756
1764
1768
1743
1749
1761
1742
1760
1766
1772
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1743
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1767
1748
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1760
1766
1772
1778
1743
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1767
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1742
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1800
1812
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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
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SOUTH DR
DIA
NE DR
WOODRING DR
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SKYLAND DR
AUDREY D
R
MARILYN DR
DIANE TER
AUDREY DR
I
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PC
MDR
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27
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18091812
1818
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1 8 5 4
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26
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26
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26
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1848
1837
1813
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27
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1 8 8 0
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LMDR
LMDR
LMDR MDR
Exhibit C
Zoning Map 2 of 2
Owner(s): Multiple Owners Case: ATA2014-05002
Site:
DIANE AREA PHASE G: Multiple lots south of
Sunset Point Road, east of US 19 and north of SR
590 (see next page)
Property
Size(Acres):
ROW
Size(Acres):
1.77
1.05
Land Use Zoning
PIN: Parcels – See Next Page
From :
To:
RL, RM, P R-3, R-4
RL, RM, P/Drainage
Feature Overlay
LMDR, MDR, P
Atlas Page: 264A
50 50 50 60 60
60
50
50 50
60
66
66
66
13554
71
4
4
2
C D E E G H
L
A
7 6 6
3
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
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10
11
12
13
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3
4
5
6
7
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10
11
12
13
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3
4
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6
7
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10
11
12
13
14
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1 2 3 45
8
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8
9
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13
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31
32
33
34
35
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38
39
40
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60
61
62
63
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66
67
68
69
70 10
11
12
13
14
15
16
17
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10
11
12
13
14
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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
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1746
1750
1754
1762
1770
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1
4
27
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9
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1785
1752
1779
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1817
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173
174
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1765
1740
1746
1752
1758
1741
1740
1744
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1756
1764
1768
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1761
1742
1760
1766
1772
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1767
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1821
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1800
1812
1824
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1813
1819
1825
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1806
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1818
1812
1800
1812
1818
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1813
1808
1736
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1759
27
1
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1
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2700
0
2
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1806
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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