01/29/2007
WORK SESSION AGENDA
Council Chambers - City Hall
1/29/2007 - 1:30 PM
1. Presentations
1.1Service Awards
Attachments
1.2Certificates for completion of Supervisory Training
Attachments
2. Office of Management and Budget
2.1Adopt Resolution 07-06 supporting the proposed extension of the one-cent local government
infrastructure surtax, otherwise known as the Penny for Pinellas
Attachments
3. Development and Neighborhood Services
3.1Approve amendments to the Community Development Code relating to occupational licenses and pass
Ordinance 7725-07 on first reading.
Attachments
4. Parks and Recreation
4.1Healthy Choices Presentation
Attachments
4.2Approve a five-year extension agreement from February 1, 2007 through January 31, 2012, between the
City of Clearwater and The Winning Inning Inc., for the use and operation of the Jack Russell Memorial
Stadium and Complex and the appropriate officials be authorized to execute same. (consent)
Attachments
5. Engineering
5.1Award a Contract for $555,916.00 to Parsons Water and Infrastructure, Inc. and its subcontractors SDI
Environmental Services, Inc., and Missimer Groundwater Science, Inc., to provide production and
monitoring well investigation services leading to the design and construction of a new 3.5 million gallon
per day (mgd) reverse osmosis (RO) plant at Reservoir No. 2, and authorize the appropriate officials to
execute same. (consent)
Attachments
5.2Revise the City Council Land Development Policy on Subdivsion Monuments to allow for the
construction and maintenance of features in a right-of-way if approved by the City Engineer. (consent)
Attachments
5.3Approve the applicant's request to vacate the north 5-feet of the 10-foot drainage and utility easement
lying along the south property line of Lot 37, Countryside Tract 90, Phase 1, (a.k.a. 2773 Merlin Way),
and pass Ordinance 7783-07 on first reading. (VAC2006-13 McNamara)
Attachments
5.4Approve the applicant's request to vacate the East 10 feet of the 25-foot drainage and utility easement
lying along the West property lines of Lots 12 through 19,inclusive, Renaissance Oaks, (a.k.a. 2231, 2237,
2243, 2249, 2255, 2261, 2267, and 2273 Steven Street), and approve Ordinance 7788-07 on first reading,
(VAC2007-01 Renaissance Oaks, LLC),
Attachments
6. Planning
6.1Approve Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design
Guidelines, revising the Marina Residential District provisions and Pass Ordinance 7721-07 on first
reading.
Attachments
6.2Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential
Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the
County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR)
District for 1761 Audrey Drive (Lot 40, Pinellas Terrace Subdivision in Section 05, Township 29 South
and Range 16 East); and Pass Ordinances 7755-07, 7756-07 and 7757-07 on first reading.
Attachments
6.3Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential
Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the
County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR)
District for 1416 Regal Road (Lot 5, Solar Crest Subdivision in Section 23, Township 29 South and
Range 15 East); and Pass Ordinances 7758-07, 7759-07 and 7760-07 on first reading.
Attachments
6.4Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential
Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the
County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR)
District for 1236 Claire Drive (Lot 2, Block A, Stevenson’s Heights Subdivision in Section 10, Township
29 South and Range 15 East); and Pass Ordinance 7761-07, 7762-07 and 7763-07 on first reading.
Attachments
6.5Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential
Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the
County AE, Agricultural Estate Residential District to the City Low Medium Density Residential
(LMDR) District for 1891 CR 193 (Consisting of a portion of Section 5, Township 29 South, Range 16
East in Metes and Bounds 41/02); and Pass Ordinance 7772-07, 7773-07 and 7774-07on first reading.
Attachments
6.6Approve the Development Agreement between Triangle Old Bay Holdings, LLC, (the property owner)
and the City of Clearwater and adopt Resolution 07-02. (DVA2006-00001)
Attachments
6.7Approve a Future Land Use Plan Amendment from the Residential Urban (RU) Category to the
Residential Medium (RM) Category for property located at 2060 Evergreen Avenue (consisting of Lots
15 and 16, Lots 7 and 8, Lots 1 to 6 inclusive and Lots 9 to 14, inclusive, Block I, Brooklawn
Subdivision; and Pass Ordinances 7775-07 and 7776-07 on first reading.
Attachments
6.8Approve amendments to the Community Development Code to make the Tourist “T” District consistent
with Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design
Guidelines and adopt Ordinance 7723-07 on first reading.
Attachments
7. Official Records and Legislative Services
7.1Adopt Resolution 07-04, supporting the Florida League of Cities’ legislative issues.
Attachments
7.2Approve agreement with Alcalde and Fay to provide lobbying services at the federal level from 1/1/2007
to 12/31/2012 at a cost of $6,500 per month, plus expenses estimated at $3,000 per year With increases of
the CPI in the Third and fifth year of the contract and authorize the appropriate officials to execute same.
(consent)
Attachments
8. Legal
8.1Authorize settlement of Franco v. City of Clearwater, Case Number 04-2644-CI-15, for $90,000.00.
(consent)
Attachments
8.2Continue Second Reading of Ordinance 7723-07 – Amendments to the Community Development Code to
make the Tourist “T” District consistent with Amendments to Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines to February 15, 2007.
Attachments
8.3Continue Second Reading of Ordinance 7721-07 – Amendments to Beach by Design: A Preliminary
Design for Clearwater Beach and Design Guidelines, revising the Marina Residential District provisions
to February 15, 2007.
Attachments
8.4Continue Second Reading of Ordinance 7725-07 - Amending the Community Development Code relating
to occupational licenses to February 15, 2007.
Attachments
8.5Adopt Ordinance 7769-07 on second reading, repealing Ordinance 7613-06 in its entirety and vacating a
portion of Section 9, Township 29 South, Range 15 East, being a part of the existing right-of-way of
Osceola Avenue and a portion of an alley lying north of Lots 2 and 3 of Jones Subdivision of Nicholson's
Addition to Clearwater Harbor, three drainage and utility easements and one ingress/egress easement,
subject to applicant fulfilling enumerated obligations, conditions and requirements.
Attachments
8.6Adopt Ordinance 7787-07 on second reading, amending Chapter 22, Article II, Section 22.21 of the City
of Clearwater Code of Ordinances regarding Parks Rules as it relates to adding a definition for “organized
activities”, amending section 22.49 as it relates to dangerous games and adding two subsections.
Attachments
8.7Adopt Ordinance 7724-07 on second reading, approving amendments to the Code of Ordinances relating
to occupational licenses.
Attachments
8.8Adopt Ordinance 7771-07 on second reading, amending section 17.38 and repealing section 17.39,
Clearwater Code of Ordinances, and amending Appendix A, Article VIII, Clearwater Code of Ordinances,
to add a new schedule of fees for Fire and Life Safety Inspections.
Attachments
8.9Adopt Ordinance 7770-07 on second reading, vacating the 5-foot utility easement lying along the west
property line of Lot 25, Bayside Subdivision No. 2, (A.K.A. 201 Brightwater Drive).
Attachments
9. City Manager Verbal Reports
9.1Approve Change Order 1 to Westra Construction Corporation of Palmetto, Florida for the "Beach By
Design - Coronado Drive Improvements Project" (03-0079-ED) increasing the contract amount by
$979,955.25 for a new contract total of $10,830,208.47, increasing the project budget by $695,625.66,
approve a time extension of 59 days and authorize the apprpriate officials to execute same. (consent)
Attachments
9.2Expected activities between now and March election.
Attachments
10. Council Discussion Items
10.1Councilmember attendance at Budget Task Force Meetings - Hibbard
Attachments
11. Other Council Action
11.1Other council Action
Attachments
12. Adjourn
13. Presentation(s) for Council Meeting
13.1Recycling Team Award
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Service Awards for meeting dates 1/16/2006 and 1/18/2006
5 Years
Leona B. Kibbe Library
Steve M. Ussery Public Services
Ioannis Kourmoulakis Solid Waste/Gen’l Svcs.
Robert S. Fahey Engineering
Kathleen E. Dort Library
Michael V. Ralph Library
Todd E. Petrie Public Utilities
10 Years
Thomas K. Sewell Gas
William D. Smith III Police
Michael R. Walek Police
Daniel B. Harrison Police
David T. Marshall Police
15 Years
Richard G. Clendenin Gas
Richard W. Garbe Gas
Janet A. Skinner Police
20 Years
William J. Kleinsorge Finance
Daniel R. Higgins Police
Michael A. Blake Public Utilities
Dale P. Johnson Public Utilities
Jon S. Bjorgvinsson Library
Barbara E. Eigenmann Fire
30 Years
Robert J. Caruso Gas
Michael H. Kohn Public Services
- 1 -
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Certificates for completion of Supervisory Training
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Adopt Resolution 07-06 supporting the proposed extension of the one-cent local government infrastructure surtax, otherwise known as
the Penny for Pinellas
SUMMARY:
Review Approval:1) Office of Management and Budget 2) Clerk 3) Legal 4) Clerk
Cover Memo
Resolution No. 07-06
RESOLUTION 07-06
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, REGARDING THE PROPOSED EXTENSION OF
THE ONE-CENT LOCAL GOVERNMENT
INFRASTRUCTURE SURTAX OTHERWISE KNOWN AS
THE PENNY FOR PINELLAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Penny for Pinellas program was initiated by a referendum held in
1989 for a 10-year period beginning in 1990 and included many important county and
municipal infrastructure improvements; and
WHEREAS, the program was extended by a referendum held in 1997 with the
program being extended from 2000 to 2010; and
WHEREAS, the program has provided funding for many critical community
projects as well as provided funding for key countywide facilities; and
WHEREAS, Pinellas County in cooperation with the municipalities of the county is
new developing a program of projects for a Penny program for the time period 2010 to
2020; and
WHEREAS, Pinellas county plans to hold a referendum for the extension of the
Penny for Pinellas another 10 years from 2010 to 2020 in March of 2007 to fund that
program of projects; and
WHEREAS, the City wishes to go on record indicating its support for a referendum
and the extension of the Penny program due to the considerable public benefit that it
provides; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. That the City of Clearwater goes on record as supporting the Board of
County Commissioners scheduling of a referendum, and of the extension of the Penny for
Pinellas program for 2010 to 2020.
Section 2. That this resolution shall become effective immediately upon passage
and adoption.
Attachment number 1
Page 1 of 2
Resolution No. 07-06
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
______________________________ ________________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 1
Page 2 of 2
m
7
7
C
0
m
N
m
n
C
4
N
Cn
X
N
Iv
7
CL
n
O
c
9
O
0
c
3
3
rtD
Q
N
co
1N
O
O
4
w
W
Cn
Q
to
m
o 0a
3 m
c
m w
n m
ONc fSD
Z NLzN
vi Ln
7 O N
II II O
10
C rn
7 m
7CS
n fD
0 0 a
O 3
CD
G C m S
7 7
CL D
0007
C c w
m 0 70Ocn
O L O O D1
to cep
w w Q
0
0
m d N W p1
c
W d
7 m 0
0 Q
0 Q O
v v@
o w D
c c a
a a 0
O O
a 7 c
O
a
ro
0 0 O o
W nCOCD0 O 0 g 0 v
N2 a N
0
O C co m E en
a 3 o Q c7 01
cn v0z c il M 0 ooc o
0 0 C a CCD 0 Cr m o 0 o
w 3
N L w d c m m oO CD v
w a 6 A w m CL CL
c m cn
a d D
3 CL
N j od W N m p aW d0IIClO
0 N
N N
o
D
c0
W N N rn
Cn
O
C W Ccoo0U0
A
w
C O
w
W 5 m OO004h77
O
i C O
C7 O C7 CO 31 d
C
p
i
Q
3
O
CO
O
O
3
O p
w0Ci
W 4 N Cn
1
N p
41 W
7 w m
OD
W
N
W W 00
A
Ln
o O U O g 3 CL CD
co D W A CO a CL
w w cn
0
w N m
m
CL
c O
0 n Z Q
r
v c D
0
n
N
w N
C V mN0
A N N
CD w5ac C7
4f 49 4a 49 n Er
9IVa
i 900 O T
o
n WO Pi f ly w
c m o 3CcrncoCnc
a cWoOOD4co
w 4 cr o
OD 4 0
j v
C Cn w N A O o
C N O V N d
O
O
W
O
OD
O
6
o
4
d N
40 40 40 EA ffl 4A O
A wN 00 0O 7
C7
N
N
cn
cn CA N V
Om0
coo D
0
C K
C7 co coo N 0nN
CD O
co co 4 4 co C a 0N
CD
8 CA i N i A d
C 1141 CD Oo Pi O
i N QocoaN n
0 0 0 0 0
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve amendments to the Community Development Code relating to occupational licenses and pass Ordinance 7725-07 on first
reading.
SUMMARY:
On June 12, 2006, House Bill 1269 was signed into law, to be effective on January 1, 2007. This bill affects local governments by
mandating the change of the wording of “Occupational Licenses” to “Business Tax Receipts” and other related terms and language. The
proposed city ordinance 7725-07 includes this required change in language in Part 1 Community Development Code, Article 3
Community Development Standards, Division 23, Sections 3-2302, 3-2303, 3-2304, 3-2306, 3-2307, Article 4, Development Review
and Other Procedures, Division 2, Sections 4-202, 4-205, and Article 8 Definitions and Rules of Construction, Section 8-102,
Community Development Code and Building and Development Regulations. This proposed ordinance was reviewed by the Community
Development Board on November 21, 2006 and recommended for approval..
Review Approval:1) Clerk
Cover Memo
Ordinance No. 7725-07
ORDINANCE NO. 7725-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OCCUPATIONAL LICENSES; AMENDING
COMMUNITY DEVELOPMENT CODE SECTIONS 3-2302, 3-2303, 3-
2304, 3-2306, 3-2307, 4-202, 4-205, AND 8-102 TO SUBSTITUTE
NEW TERMINOLOGY REQUIRED BY PROVISIONS OF FLORIDA
STATUTES; FURTHER AMENDING SECTIONS 3-2307 AND 4-205
TO DELETE THE PROCEDURES FOR NOTICE, HEARING, AND
APPEAL REGARDING REVOCATION AND DENIAL AND TO
PROVIDE INSTEAD THAT SUCH PROCEDURES SHALL BE AS SET
FORTH IN CODE OF ORDINANCES SECTIONS 29.41 AND 29.44;
FURTHER AMENDING SECTION 8-102 TO ADD CERTAIN
DEFINITIONS; PROVIDING AN EFFECTIVE DATE.
Section 1. Article 3 Community Development Standards, Division 23, Residential
Rentals, is amended to read:
* * * * * *
Sec. 3-2302. Business tax receipt occupational licensing required.
A business tax receipt An occupational license shall be required for all rentals
set forth in Section 3-2301. Business tax receipt Licensing procedures and
requirements shall be as set forth in Code of Ordinances Chapter 29. The fee
charged for such business tax receipt occupational license shall be as set forth in
the Code of Ordinances Appendix A, Division XVIII.
Sec. 3-2303. Local representation for business tax receipt occupational
license applications for residential rentals.
Business tax receipt occupational license applications for residential rentals shall
include a local contact or representative. Such contact or representative shall
maintain a current working local telephone number and current local address, not a
public or private post office box, and provide notification thereof of any changes to
the city within 30 days for a physical location and telephone number within one of
the following counties in Florida: Pinellas, Hillsborough, Pasco, Manatee or
Sarasota.
Sec. 3-2304. Residential rental compliance—Notice requirements of minimum
applicable standards form acknowledging notice of housing and development
standards.
Attachment number 1
Page 1 of 5
- -
Ordinance No. 7725-07
2
Each owner of real property to which this division is applicable shall receive notice of
and shall file, with an initial business tax receipt occupational licensing application
or, for existing licensees, by October 1 of each business tax receipt occupational
licensing year, a notice requirements of minimum applicable standards form with the
development and neighborhood services department acknowledging receipt of
housing and development standards contained in Section 28.82, the Standard
Housing Code, as adopted by Code of Ordinances Sections 49.01 and 49.02, and
the Development Standards, Divisions 8, 12, 13, 14, 15, 18, contained in Community
Development Code, Article 3.
* * * * * *
Sec. 3-2306. Penalties.
Failure to obtain or maintain a business tax receipt an occupational license as
required by Section 3-2302 or failure to maintain a property in compliance with the
code requirements set forth in Section 3-2304, shall subject the violator to
enforcement proceedings and penalties in accordance with Article 7 of the
Community Development Code and with Code of Ordinances Section 1.12. The
provision of this division shall provide an additional means of enforcement, but shall
not prohibit the city from taking enforcement action under other code provisions.
Sec. 3-2307. Revocation or denial of business tax receipt occupational
license.
In addition to the enforcement proceedings and penalties provided for in
section 3-2306, failure to comply with the provisions of this division shall be
considered just cause for denial of the issuance of a business tax receipt an
occupational license for the subject property, and for revocation of an existing
business tax receipt occupational license pertaining to the subject property in
accordance with the procedure set forth in this section. Prior to revocation or denial,
the city manager or his/her designee shall issue a notice of revocation or denial
notifying the residential rental licensee of the city's intent to revoke or deny. The
notice shall be sent certified mail, return receipt requested, to the last known
address for the residential rental licensee. Within ten calendar days from the date of
mailing of said notice, the license shall be automatically denied, revoked or
nonrenewable, unless the residential rental licensee files with the city clerk a written
statement setting forth the grounds for an appeal. Upon the filing of such written
statement, the city clerk shall notify the city manager, who shall schedule and
conduct a hearing before the city manager or designee within 30 calendar days from
the date the written statement was filed. The residential rental licensee shall be
given written notice of the hearing by certified mail, return receipt requested, and
shall have an opportunity to present evidence, cross examine witnesses, and be
represented by counsel. The city shall have the burden of proof by a preponderance
of the evidence, and the city manager or designee's decision shall be based solely
on the evidence presented at the hearing. Within ten calendar days of the hearing,
Attachment number 1
Page 2 of 5
- -
Ordinance No. 7725-07
3
the city manager or designee shall file with the city clerk's office and serve on the
residential rental licensee a written decision containing findings of fact and
conclusions of the legal basis for the decision. The decision shall become final
unless, within 30 days of the date the city manager or designee files the decision
with the city clerk, the residential rental licensee files a petition for writ of certiorari in
the Circuit Court for Pinellas County. The procedure for revocation or denial and
appeal therefrom shall be as set forth in Code of Ordinances Sections 29.41 and
29.44. The filing of a pleading seeking judicial review shall automatically stay the
revocation until judicial review has been exhausted unless the city obtains injunctive
relief. Any residential rental taxpayer licensee who has had a business tax receipt an
occupational license revoked or denied under this section or under Code of
Ordinances Section 29.41 shall not be eligible to submit an initial or renewal
application for business tax receipt license to conduct residential rental business on
the subject property in the city until one year has expired from the date the business
tax receipt license was revoked or denied by the city or, if an appeal is taken while
the business continues in operation, until one year from the later of the date of the
last decision or order affirming the revocation or denial or the date the business
ceases operations in compliance with the decision or order.
Section 2. Article 4. Development Review and Other Procedures, Division 2,
General Procedures, is amended to read:
Section 4-202. Applications for development approval.
A. Basic information required for all applications. All applications for
development approval shall include the following information:
* * * * * *
10. If the proposed development is for a home occupation, an
executed affidavit:
a. Agreeing to comply with all standards contained in Article 3
Division 2 and any other conditions of the home occupation that
may be established in authorizing same.
b. Recognizing the need to renew the requisite business tax
receipt occupational license annually or as may otherwise be
required.
c. Acknowledge that any departure from the conditions
authorizing the use shall be grounds for the revocation of the
applicable occupational license.
d. Agreeing to permit reasonable inspection of the premises of
the home occupation to ensure compliance with the
conditions thereof.
* * * * * *
Attachment number 1
Page 3 of 5
- -
Ordinance No. 7725-07
4
B. Simultaneous applications. If more than one approval is required (for
example, Level One and Level Three) for a particular development proposal,
with the exception of an application for a building permit, certificate of
occupancy or business tax receipt occupational license, an applicant is
required to submit all applications for development approval at the same
time.
* * * * * *
Section 4-205. Business tax receipt Occupational license.
A. Applicability. Any person required to obtain a business tax receipt an
occupational license in order to conduct business within the city pursuant to the
provisions of Chapter 29, Article II of the city's Code, shall obtain such license after
the issuance of an occupancy permit.
B. Procedure.
1. All applications for business tax receipts occupational licenses shall be prepared
on forms available from the city manager.
2. Upon receipt of an application for a business tax receipt an occupational license,
the city manager shall forward a copy of the application to the community
development coordinator who shall review the application to determine if the
business occupation conforms to applicable provisions of this development code and
any prior approvals.
3. Upon receipt of a determination by the community development coordinator that
the business occupation does conform to applicable provisions of this development
code and prior approvals, then the city manager shall review the application and
determine whether the business occupation conforms to all applicable requirements
of Chapter 29, Article II of the city's Code.
4. Following review and determination as to conformance by both the community
development coordinator and the city manager, the city manager shall either issue
the business tax receipt occupational license or deny the application.
C. Appeal. A denial of an occupational license may be appealed in the manner
provided in Article 4 Division 5.
Section 3. Article 8, Definitions and Rules of Construction, is amended to read:
Section 8-102. Definitions.
For the purposes of this Development Code, the following words and terms
have the meanings specified herein:
Abandoned building means a building or structure that is deserted by the
owner and left unsecured or that is not maintained. Evidence of desertion and lack of
maintenance shall include, but not be limited to: unaddressed code violations; lack of
required building permits or certificate of occupancy; lack of business tax receipt
occupational license; and lack of active utilities.
* * * * * *
Attachment number 1
Page 4 of 5
- -
Ordinance No. 7725-07
5
Business tax receipt means the document issued by the city indicating all
fees, taxes and other associated costs associated with conducting the business at
any and all appropriate locations within the city have been paid.
* * * * * *
Operator means any person who engages in or performs any supervisory
activity which is necessary to or which facilitates the operation of an "adult use
establishment," including but not limited to, the taxpayer licensee, manager,
doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, or
other employee.
* * * * * *
Taxpayer means any person liable for the taxes imposed under the
provisions of Chapters 7, 25, and 29, respectively, any agent required to file and pay
any taxes imposed under said provisions, and the heirs, successors, assignees, and
transferees of any such person or agent, wherever relevant to any provision of this
article or other law or ordinance, and includes any and all individuals listed on the
business tax application and/or business tax receipt.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 5 of 5
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Healthy Choices Presentation
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve a five-year extension agreement from February 1, 2007 through January 31, 2012, between the City of Clearwater and The
Winning Inning Inc., for the use and operation of the Jack Russell Memorial Stadium and Complex and the appropriate officials be
authorized to execute same. (consent)
SUMMARY:
On December 18, 2003 the City Council approved a two-year agreement between the City and Winning Inning for the operation of a
baseball school at Jack Russell Memorial Stadium and Complex.
The agreement has been successful for the citizens of Clearwater and for Winning Inning, which is requesting an extension of the
agreement for five years. Winning Inning has had a relationship with the City for over 6 years, first at Countryside and now at Jack
Russell Stadium providing baseball instruction and training for youth to professional athletes.
Under this agreement The Winning Inning provides the following services:
Conducts camps, clinics, lessons, strength conditioning, rehab training, tournaments, leagues, etc.
Athletic field and grounds maintenance.
One half funding for any mutually agreed upon capital improvement projects.
Provide all staff, materials and supplies, and operating expenses associated with the complex including but not limited to electricity,
water, sewer, custodial, sanitation and minor building maintenance and pay all required taxes necessary to the Agency’s operation at the
Complex.
Under this agreement the City provides the following:
Maintenance for all major capital components of the building, including air conditioners, roof, plumbing, electrical, etc.
No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for consumption, will be granted to the agency.
This agreement may be terminated with 60 days notice by the City for any municipal purpose.
A capital improvement project in FY 2006/07 budget for the demolition of the main concrete portion of the stadium will be completed
by the spring of 2007.
A copy of the agreement is available for review in the Official Records and Legislative Services Department.
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT to that certain Agreement dated December 30,
2003, (“Agreement”) is hereby made and entered into on ______________________,
2007, by and between the CITY OF CLEARWATER, a municipal corporation of the
State of Florida, whose address is Attn: Parks and Recreation Director, P.O. Box 4748,
Clearwater, FL 33758-4748, hereinafter referred to as the “City” and THE WINNING
INNING, INC., a Florida Corporation, whose address is P.O. Box 15953, Clearwater, FL
33766, hereinafter referred to as “Agency”.
WHEREAS, City and Agency desire to extend the Agreement for one (1)
additional five (5) year period (“Extended Term”), clarify Section 10 regarding
indemnification, as required by law; and
NOW, THEREFORE, the parties agree as follows:
1. Term. The Term of the Agreement is hereby extended for five (5) years
beginning February 1, 2007 and ending January 31, 2012.
2. The following shall be added at the end of Section 10: Nothing herein shall be
construed as consent by the City to be sued by third parties, or as a waiver or
modification of the provisions of Section 768.28, Florida Statutes or the doctrine of
sovereign immunity.
3. All other terms and conditions of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Amendment the day
and year first above written.
Countersigned: CITY OF CLEARWATER, FLORIDA
_____________________________ By: ____________________________
Frank V. Hibbard William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
_____________________________ ________________________________
Laura Lipowski Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 2
THE WINNING INNING, INC.
By: _________________________ By: ____________________________
Randy Holland, President Roy Silver, Vice President
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Award a Contract for $555,916.00 to Parsons Water and Infrastructure, Inc. and its subcontractors SDI Environmental Services, Inc.,
and Missimer Groundwater Science, Inc., to provide production and monitoring well investigation services leading to the design and
construction of a new 3.5 million gallon per day (mgd) reverse osmosis (RO) plant at Reservoir No. 2, and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
Parsons completed the Water Supply Master Plan (WMP) in October 2004 for improving the cost-effectiveness of the water services
provided by the City. Recommended improvements were those that enabled the City to locally produce potable water at a cost less than
the purchase price per unit volume from Pinellas County. There were three water supply projects that were identified and described in
the WMP. These projects are (1) the Well Field Expansion Project for Reservoirs Nos. 1 and 3; (2) an addition of an RO treatment plant
to Reservoir No. 2; and (3) the expansion of existing RO plant at Reservoir No. 1.
The Reservoir No. 2 Reverse Osmosis Plant Project has been divided into the following four (4) phases.
Phase Fiscal Years (FY)Tasks
Phase 1- 2006 / 2007 Production and Monitoring Well Investigation
Phase 2 - 2007 / 2009 Preliminary Engineering Services
Phase 3 - 2009 / 2010 Design Services
Phase 4 - 2011 / 2012 Construction Management Services
This project is estimated for full completion by FY 2012/2013 when it is estimated that the capital, operation and maintenance costs for
the facility will become cost competitive with wholesale rates charged to the City by Pinellas County.
The requested $555,916 authorization under this Work Order is only for Phase 1 corresponding to FY 2006/2007 for the Production and
Monitoring Well Investigation.
Phase 1 involves investigating and locating where to place three test production wells, which will consider hydrogeology, proximity to
other existing Water Use Permits (WUPs), abandoned City wells, environmental factors, existing wells and infrastructure, and land use.
Preference at each test production well site will be given to City-owned land that can also accommodate a monitor well cluster (3 wells)
within 1,000 feet from the test production well. It is anticipated the three test production wells will become permitted production wells
and the monitoring well clusters around the test production wells will be retained for water quality compliance monitoring.
The estimated time period for Phase 1 is 550 days to start in February 2007 and finish in August 2008.
Resolution 06-53 was passed on October 15, 2006, establishing the City’s intent to reimburse certain Water and Sewer Utility project
costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in
the project list associated with Resolution 06-53.
Sufficient budget for interim financing or funding with 2008 Water and Sewer Revenue Bond proceeds when issued is available in
project 376-96767, Reverse Osmosis Plant at Reservoir #2.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:None
Cover Memo
Budget Adjustment Comments:
Current Year Cost:$555,916 Annual Operating Cost:
Not to Exceed:Total Cost:$555,916
For Fiscal Year:2006 to 2007
Appropriation Code Amount Appropriation Comment
0376-96767-561300-533-
000-0000
$555,916
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
1 of 15
CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
PARSONS WATER & INFRASTRUCTURE INC.
Date: January 4, 2007 Project Number:_____________
City Project Number: 06-0055-UT
1. PROJECT TITLE: Reservoir No. 2 Reverse Osmosis Plant Project
2. SCOPE OF SERVICES:
The City of Clearwater (CITY) has requested the services of Parsons Water & Infrastructure
Inc. (Parsons) and its subcontractors SDI Environmental Services, Inc. (SDI), and Missimer
Groundwater Science (MGS), Inc., to provide Preliminary Engineering Services leading to
the design and construction of a new 3.5 million gallon per day (mgd) reverse osmosis
(RO) plant at Reservoir No. 2. This is one of three water supply projects that were
identified and described in the Water Supply Master Plan (WMP) for improving the cost-
effectiveness of the water services provided by the CITY and was budgeted in the
CITY’s Capital Improvements Program (CIP) starting FY 2006/2007. Completion of the
project is projected in FY 2012/2013 when it is estimated that the capital, operation and
maintenance costs for the facility will become cost competitive with wholesale rates
charged to the CITY by Pinellas County.
This project has been divided into the following four phases with the estimated completion
date of Phase 4 by FY 2012/2013.
Phase Fiscal Years Tasks
Phase 1 2006 / 2007 Production and Monitoring
Well Investigation (Task 1)
Phase 2 2007 / 2009 Preliminary Engineering
Services
Phase 3 2009 / 2010 Design Services
Phase 4 2011 / 2012 Construction Management
Services
Authorization under this Work Order is only for Phase 1, corresponding to Fiscal
Year 2006/2007.
Attachment number 1
Page 1 of 15
2 of 15
PHASE 1 –TEST PRODUCTION AND MONITORING WELL INVESTIGATION
Task 1.0 Kick-Off Meeting
Representatives: Parsons, SDI, and MGS
The purpose of this meeting will be to introduce the project team, summarize the project,
describe the test production and monitoring well investigation, delineate lines of
responsibility, and review the scope of services and schedule. A Microsoft Projects
schedule will be developed listing the anticipated dates for the deliverables and submitted
at this meeting. The duration of the meeting is estimated to last 2 hours.
Meetings: Kick-Off
Deliverables: Meeting Minutes
Task 1.1 Test Well Siting and Environmental Assessments
Primary Responsibility: SDI with support by Parsons
Three test production wells, each provided with a monitor well cluster, that are located
across the proposed area of the new production well field will be used to evaluate aquifer
properties and water quality north and south of Gulf-to-Bay Boulevard. A hydrogeologic
investigation will be conducted to select the location of these wells. The investigation
will consider hydrogeology, proximity to other existing Water Use Permits (WUPs),
abandoned CITY wells, environmental factors, existing wells and infrastructure, and land
use. Preference will be given to CITY-owned land that can also accommodate a monitor
well cluster within 1,000 ft. from the test production well. It is anticipated that the
monitor well clusters will become future permit water quality compliance monitoring
wells for the Reservoir No. 2 production wells. The general locations for these well sites
will be (1) south of Gulf to Bay Boulevard in western Clearwater, (2) south of Gulf to
Bay Boulevard in central Clearwater, and (3) north of Reservoir 2.
After completion of the initial siting, the three most promising locations will be selected
for further review. A Phase I Environmental Audit will be performed on each location to
provide basic knowledge of the property and its surrounding land uses in order to
determine if any environmental hazards may be present, and to determine if any
additional investigative measures are warranted. For budgetary purposes, it has been
assumed that these three sites will prove suitable for the installation of the test production
and monitor wells and no further environmental site investigations beyond the Phase I
Environmental Site Assessment will be required.
Meetings: Meeting to discuss Draft Technical Memorandum
Deliverables: Draft and Final Technical Memorandum on Results of Task 1.1 Activities
Attachment number 1
Page 2 of 15
3 of 15
Task 1.2 Test Plan Development
Primary Responsibility: SDI with support by Parsons
Once the three test production well sites have been selected, a test plan will be developed.
This test plan will set forth the details of the anticipated construction of the production
wells and monitor wells, the aquifer testing program, plans for test-water discharge and
the water quality testing program. A pre-application meeting will be held with Southwest
Florida Water Management District (District) staff, the CITY, and Project Team to
introduce District staff to the project, and to discuss the drilling and testing program.
After the meeting, the test plan will be completed and, after review by the CITY, will be
submitted to the District for approval. One round of revisions/clarifications prior to
District approval of the test plan is anticipated and has been budgeted.
Meetings: Meeting to discuss the Draft Test Plan
Pre-Application Meeting with District
Deliverables: Draft and Final Test Plan
Task 1.3 Legal Descriptions, Boundary, and Topographic Surveying
Responsibility: CITY Public Utilities Department
It is anticipated that the CITY will provide surveying services as needed to properly
document each of the three sites including any legal descriptions that may be required,
metes and bounds descriptions for section breakdown and/or acreage parcels, section
boundaries to establish landlines as needed to tie into known horizontal control, mapping
of any aboveground or belowground utilities or improvements, maps, atlases, and sub-
surface utility locates, topographic survey showing all surface features, trees (4-inch
DBH and above), and 1-foot contours, and after completion of drilling activities, identify
the elevation data to NGVD and the horizontal data to NAD83, west zone, state plane
coordinates, in feet for the 3 monitor wells.
Meetings: Status reported in monthly progress meetings.
Deliverables provided by the CITY: Legal description, boundary survey,
production well and monitor well survey, topographic survey and map showing location
of above ground and sub-surface utilities and other obstructions.
Task 1.4 Site Research and Acquisition Negotiations
Primary Responsibility: CITY Public Utilities Department
It is assumed that CITY-owned land is available and used for locating the three test
production wells and monitoring well clusters and no other services to acquire land will
be required. It is also assumed the CITY Utilities Department will negotiate with other
CITY departments for the acquisition and access to CITY-owned land identified for
Attachment number 1
Page 3 of 15
4 of 15
construction of production and monitor well clusters without further assistance by
Parsons and its sub-contractors.
Meetings: Status reported in monthly progress meetings.
Deliverables: None required
Task 1.5 Design Services and Bidding Assistance
Primary Responsibility: SDI with support by Parsons
This task includes preparation of drawings and specifications for bid by CITY for qualified
drillers to construct three test production wells and nine (9) monitoring wells, review of
submitted bids, recommended bid award and permitting assistance. Drawings shall be
prepared in accordance with the CITY’s format requirements. Standard CITY technical
specifications will also be utilized as applicable. For preparation of site plans, each acquired
site will be surveyed as described in Task 1.3 to identify and locate relevant features (i.e.,
trees, culverts, etc.), above and below ground utilities and provide the location of the
proposed wells based on surveying services provided by the CITY. Ground penetrating
radar surveys will also be conducted over the proposed drilling sites.
Six (6) sets of drawings, specifications and estimates of probable costs will be submitted to
the CITY for review at 90 percent and final designs. Final documents shall incorporate all
comments as approved and/or modified by the CITY or an explanation of their omission
shall be provided.
Upon the final approval by the CITY, the Parsons and SDI shall provide the CITY with
the following items:
o 1 set of Construction Drawings (signed and sealed by responsible licensed
professional)
o 1 set of Construction Specifications (signed and sealed by responsible licensed
professional)
o 1 copy of Engineer’s Opinion of Cost
o 1 CD ROM containing all of the above (including Contract Drawings in
AutoCADD 2006 format)
Parsons and SDI shall review bids as provided by the City, provide an evaluation and
recommendation for award and prepare and provide one addendum during the bidding.
Meetings: 90 percent design level review meeting
Pre-bid meeting
Deliverable:
90 percent drawings, specifications and estimates of probable costs.
Final drawings, specifications and estimates of probable costs.
Attachment number 1
Page 4 of 15
5 of 15
Bid drawings and specifications
Bid review summary and award justification memorandum
One addendum (as required)
Task 1.6 Test Well Permitting
Primary Responsibility: Selected Driller with support from SDI and PARSONS
The contracted Driller will be responsible for applying and receiving all necessary
permits for construction, aquifer performance testing, and operation of the test production
wells and monitor well clusters including Well Construction Permits from the District
and required permits from Pinellas County Department of Health as will be indicated in
the bid documents prepared under Task 1.5. The contractor will be required to submit
copies of the permits to the CITY for review prior to construction.
Meetings: Status reported in monthly progress meetings.
Deliverables: Approved permit applications
Task 1.7 Well Construction Inspection Services
Construction Responsibility: Selected Driller
Inspection Services: SDI with support by Parsons
Well construction is estimated to take 6 months. SDI will monitor the drilling activities
during the well installations and the testing of the production wells, describe rock cuttings,
and interpret geophysical logs.
At each production well sites, 1 production well and one monitor well cluster consisting of 3
monitor wells will be installed. Each of the production wells will be constructed in a similar
manner. It is anticipated that 60 feet of 16-inch diameter surface casing will be installed and
that a 12-inch diameter open borehole will be drilled to about 150 feet below land surface
(bls).
After each well has been installed arrangements for the discharge of test water will
be made. If discharge to a retention pond without overflow is not possible, then
groundwater samples will be collected and analyzed from each well to determine if the
water can be discharged as stormwater or can be discharged to the CITY’s sanitary sewer
collection system. If the sample results do not exceed the stormwater screening values, a
generic permit for the discharge will be prepared, submitted and work will proceed with
discharge to the nearest stormwater conveyance system. If any of the parameters exceed the
applicable screening values, then discharge to the CITY’s sanitary sewer collection system
will be considered. Arrangements for this discharge will be coordinated by the City of
Clearwater’s Utilities Department. If any of the parameters exceed the CITY’s Industrial
Pretreatment Program (IPP), then treatment of the water may be necessary prior to discharge
Attachment number 1
Page 5 of 15
6 of 15
to the sewer. This work authorization does not include the engineering services for the
design, fabrication and installation for a treatment system of this kind.
Once the discharge location has been established, each well will be developed using the
double-tube airlift method. A standard geophysical suite of logs will be run on each well.
Under static conditions, temperature, caliper, gamma, short and long normal resistivity, fluid
conductivity and fluid velocity logging will be done. Under pumping conditions,
temperature, fluid conductivity, and fluid velocity logging will be done.
The three monitor wells will be used as part of the testing program to collect water level,
water quality, and aquifer parameter data. The monitor well data will be used to assess the
vertical delineation of water quality at the test sites. One monitor well will be completed in
the Zone A production zone and the second well will be completed in the deeper Zone B
permeable zone. The third monitor well will be a shallow surficial aquifer well for use in
assessing the degree of confinement between the surficial aquifer and the production zone,
and to estimate recharge rates to the Floridan aquifer at the test sites.
It is anticipated that the surficial aquifer monitor well will be 30 ft deep with 15 ft of screen.
Two monitor wells will be installed into the Floridan aquifer. The upper monitor well will
monitor the production zone (upper Zone A). This well will be about 150 ft. deep and
screened from 100 ft to 150 ft bls. The deeper monitor well will monitor the lower brackish
water Zone B. This well will be about 500 ft deep and screened from 450 ft to 500 ft bls.
Standard monitor well construction will be used.
It is assumed for cost estimating and scheduling that only one drill rig will be used and that
the drilling and testing program will be six months in duration.
Meetings: Status reported in monthly progress meetings.
Deliverable: Included in Task 1.9 deliverables
Task 1.8 Aquifer Performance Testing and Evaluation
Primary Responsibility: SDI with support by Parsons
After well development and geophysical logging are completed, a 7-day aquifer
performance test (APT) will be conducted at each production well. Antecedent water level
conditions will be monitored in the production well and the monitor wells for at least 7 days
prior to the performance test. The anticipated pumping rate of the production wells is 0.25
mgd (~175 gpm). Prior to the APT, a step-drawdown test will be conducted to determine
the pumping rate to be used in the APT. It is anticipated that each step will be about one
hour in duration at pumping rates of 100, 200, and 300 gpm. It has been assumed that water
from the APTs can be discharged to surface water within 1,000 feet of the production well.
Production well water quality samples will be collected at various times during the drilling
program for field and laboratory analysis. These water quality data at the test production
Attachment number 1
Page 6 of 15
7 of 15
well sites will be used in water treatment design, and permit support. During drilling, water
samples will be collected at every rod change and field analyzed for pH, conductivity,
turbidity, DO, and temperature.
During each aquifer performance test, water samples will be collected at the start of the test
and on days 2, 5 and 7. These water samples will be analyzed for TDS, calcium,
magnesium, sodium, potassium, iron, manganese, strontium, barium, copper, arsenic,
bicarbonate, sulfate, nitrate, fluoride, bromide, silica, boron, phosphate, TDS, pH, ammonia,
total hardness, total organic carbon, turbidity, color, THMFP (72 hour), HAAFP (72 hour),
and temperature. In addition, the day 7 sample will have a complete Safe Drinking Water
Act (SDWA) suite run on the water sample.
Interpretation of aquifer parameters from the APTs cannot be completed using classical
analytical solution techniques due to the presence of semi-confining layers above and below
production Zone A. Analysis must be done using a numerical model incorporating the
layers present at the test sites. Several potential model choices exist for this analysis—
MODFLOW 2000, the SWIFT model, or SEAWAT 2000. Using MODFLOW 2000 with a
single pumping well and approximate boundary conditions might be an acceptable approach
if the assumption of constant density is valid. Using either SWIFT or SEAWAT 2000
would be comparable in that both could account for variable-density conditions, which may
be an important consideration for layers with higher chlorides below the production zone.
Because SEAWAT 2000 incorporates MODFLOW, and because it is easier to input data
and post-process results from SEAWAT 2000 as compared to SWIFT, SDI recommends
using SEAWAT 2000 to analyze the APTs.
The SEAWAT 2000 setup for the APT analysis will be derived from the existing SWIFT
model developed by SDI for the Clearwater area. Regional well production will not be
included in the model setup used to analyze the APTs, but the layering of the model,
boundary conditions and initial chloride (or TDS) conditions will be generally maintained.
It is planned to use one model setup to analyze all three APTs to minimize cost.
Meetings: Status reported in monthly progress meetings.
Deliverables: Included in Task 1.9 deliverables
Task 1.9 Test Production Well Drilling and Analysis Report
Primary Responsibility: SDI
The results of drilling, aquifer performance tests, and the water quality sampling of the
production and monitor wells will be summarized in the well drilling and production well
data and analysis report.
Meetings: Meeting to discuss draft report
Deliverables: Draft and Final Test Production Well Drilling and Analysis Report
Attachment number 1
Page 7 of 15
8 of 15
Task 1.10 Hydrologic Modeling
Primary Responsibility: SDI
For previous WUP support for the CITY, SDI developed and calibrated a variable-density
groundwater flow model and mass transport model using the SWIFT computer code. Model
calibration was considered acceptable for areas near Reservoirs 1 and 3, but was weak in the
area near Reservoir 2 due to the lack of data in south Clearwater. The results of the three
APTs conducted as part of Task 1.8 will be input to the model datasets for use in model
recalibration in the Reservoir 2 area. As indicated in Task 1.8, SDI will utilize SEAWAT
2000 as the variable-density model rather than using the SWIFT model for the reasons
stated earlier.
SDI will complete the SEAWAT 2000 model setup by incorporating the regional
groundwater production estimates for an appropriate period of time to recalibrate the
groundwater system around Reservoir 2. A check will be made to ensure that the prior
calibration around Reservoirs 1 and 3 is maintained and/or improved in the SEAWAT 2000
model. Once an acceptable recalibration of the model has been accomplished in the area of
Reservoir 2, SDI, in concert with the CITY and Parsons, will identify the various scenarios
that need to be evaluated.
Scenarios with the CITY’s current and proposed production wells for Reservoir 2 will be
run for 30 years to predict changes in aquifer water levels and water quality. The results of
the model scenarios will be used in treatment design and for permit support in the
modification of the CITY’s WUP. For costing purposes, it has been assumed three (3)
SEAWAT 2000 scenarios will be defined and simulations conducted. The input and output
files will be provided to CITY once the model scenarios have been completed.
Meetings: Status reported in monthly progress meetings
Deliverables: Included in Task 1.12 for deliverable
Task 1.11 Review of Hydrogeologic Data Collection and Modeling
Primary Responsibility: MGS
It is critical for the design of RO facility that pretreatment systems, membranes and feed
pumps be chosen that will accommodate anticipated increases in salinity. Solute-transport
modeling using programs, such as SEAWAT, are used to simulate changes in water quality
over time. The hydrogeologic data collected during the test production well program must
be of sufficient quality and extent to allow for the construction of a valid site-specific solute
transport model
Attachment number 1
Page 8 of 15
9 of 15
MGS will perform the following tasks to help ensure that adequate data are available for the
successful design of the RO plant.
• Review of well construction plans to ensure that the data collection is
adequate.
• Review of SEAWAT modeling of the wellfield to obtain projected water
quality of the feedwater with time.
Task 1.12 Hydrologic Assessment Report
Primary Responsibility: SDI
SDI will prepare a report summarizing the development and recalibration of the SEAWAT
2000 variable-density model, incorporating the results of the three APTs conducted during
Task 1.8. The report will document the three scenarios evaluated and present the results of
the scenarios in the form of cross-sectional maps showing chloride distributions and
transient plots of influent water quality into the proposed Reservoir 2 BWRO facility.
Meetings: Meeting to discuss draft report
Deliverables: Draft and Final Hydrologic Assessment Report
Task 1.13 Monthly Progress Meetings
Representatives: As needed and related to topics discussed
At least once a month, a progress meeting will be scheduled to discuss the status and any
issues related to the project. Progress meetings will be scheduled to coincide with other
project meetings as listed under Tasks 1.1 through 1.12 as feasible. Teleconference calls
will also be used for progress meetings as appropriate.
Meetings: Eighteen meetings co-scheduled with required project meetings, as
feasible.
Deliverables: Agenda and meeting minutes within 5 working days to include action item
list.
3. PROJECT DELIVERABLES:
The deliverables for Phase 1 as described and listed in Tasks 1.0 through 1.13 include:
• Kick-Off Meeting Minutes
• Draft and Final Technical Memorandum on Results of Test Well Siting and
Environmental Assessments
• Draft and Final Test Plan
Attachment number 1
Page 9 of 15
10 of 15
• 90% and Final drawings, specifications and estimate of probable costs
• Draft and Final Test Production Well Drilling and Analysis Report
• Draft and Final Hydrologic Assessment Report
• Monthly progress meeting agendas, meeting minutes and action item lists
4. BUDGET (ENGINEER’S COMPENSATION):
This work order authorization is for Phases 1 services only at an estimated budget
of $555,916. This price includes all labor and expenses anticipated to be incurred by
Parsons Water & Infrastructure Inc. and its subcontractors for the completion of Phase 1
services, on a Costs Times Multiplier Basis, not to be exceeded without further written
authorization from the CITY. All permit application fees will be paid separately by the
CITY.
5. SCHEDULE:
The completion of Phase 1 activities and project deliverables are to occur as follows,
contingent upon estimated schedules of precedent activities.
Deliverable or Activity
Completion: Calendar
Days after Notice to Proceed
(NTP)
Draft Siting Technical Memorandum 60
Draft Test Plan 120
Siting Technical Memorandum 90
Test Plan 150
Legal Descriptions and Survey from CITY 120
90%Drilling Services Bid Package 150
Final Drilling Services Bid Package 180
Receipt of bids from Drillers after 30-day advertisement 215
Contract Drilling Services by CITY 225
Permits 250
Draft Well Drilling and Analysis Report 430
Final Well Drilling and Analysis Report 460
Draft Hydrologic Assessment Report 520
Final Hydrologic Assessment Report 550
Attachment number 1
Page 10 of 15
11 of 15
6. STAFF ASSIGNMENT (Consultant):
Loren Furland, P.E. (PARSONS) Project Director
Tory Champlin, PhD, P.E. (PARSONS) Project Manager
Cathleen Jonas, P.G. (SDI) Project Hydrogeologist (Production)
Thomas Missimer, PhD. P.G. (MGS) Project Hydrogeologist (Injection)
7. CORRESPONDENCE/REPORTING PROCEDURES:
Consultant’s project correspondence shall be directed to Tory Champlin, Ph.D., P.E.,
with copies to Cathleen Jonas, P.G., and/or Thomas Missimer, Ph.D., P.G. when relevant.
All CITY project correspondence shall be directed to Robert Maue, P.E., with copies to
Robert Fahey, E.I and Todd Petrie, P.E., and others as may be appropriate.
8. INVOICING/FUNDING PROCEDURES:
Invoices shall be submitted monthly to the City of Clearwater, Attn: Marty Pages, 100 S.
Myrtle Ave., #220, Clearwater, Florida 33756-5520 or P. O. Box 4748, Clearwater,
Florida 33758-4748, for work performed. Invoices will be prepared monthly in
accordance with a Costs Times Multiplier contract and a progress report to be provided
with each invoice and the City Invoicing Codes listed below. Contingency services will
be performed only after written authorization is provided by the CITY to proceed with
such services and will be billed monthly as incurred.
City Invoicing Codes: ___0376-96767-561300-533-000-0000__________
9. ENGINEER CERTIFICATION:
Parsons Water & Infrastructure Inc. or its subcontractors will certify as licensed
Professionals, registered in accordance with Florida Statute 471 (481), that the above
referenced final project documents will meet all applicable design criteria specified by CITY
municipal ordinance, State, and Federal established standards. Changes to such standards
after work order execution may constitute a change in scope of work. We understand that it
is our responsibility as the project’s Professional Engineer to perform a quality assurance
review of these submitted documents to ensure that such documents are free from errors
and/or omissions and meet quality standards of the local industry.
This certification shall apply equally to any further revision and/or submittal of plans,
computations, or other project documents, which we may subsequently tender.
10. SPECIAL CONSIDERATIONS:
Not applicable
Attachment number 1
Page 11 of 15
12 of 15
PREPARED BY: APPROVED BY:
________________________ ________________________
Parsons Water and Infrastructure Inc. Michael D. Quillen, P.E.
Loren P. Furland, P.E. City Engineer
Project Director City of Clearwater
__________________ ___________________
Date Date
APPROVED BY:
_________________________
Parsons Water and Infrastructure Inc.
Walid Hatoum, P.E.
Sr. Vice President
________________________
Date
Attachment number 1
Page 12 of 15
13 of 15
CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
ATTACHMENT “A”
DELIVERABLE FORMAT
Attachment “A”
CITY DELIVERABLES
FORMAT
The design plans shall be compiled utilizing one of the following two methods.
1. City of Clearwater CAD standards.
2. Pinellas County CAD standards
3. Datum: Horizontal and Vertical datum shall be referenced to North American
Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal).
The unit of measurement shall be the United States Foot. Any deviation from this
datum will not be accepted unless reviewed by City of Clearwater
Engineering/Geographic Technology Division.
DELIVERABLES
The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of
1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all
drawing files in digital format with all project data in Land Desktop 2000 or later
including all associated dependent files.
NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are
used the consultant shall include all necessary information to aid in manipulating the
drawings including either PCP, CTB file or pen schedule for plotting. The drawing file
shall include only authorized fonts, shapes, line types or other attributes contained in
the standard AutoDesk, Inc. release. All block references and references contained
within the drawing file shall be included. Please address any questions regarding format
to Mr. Tom Mahony, at (727)562-4762 or email address tom.mahony@clearwater-fl.com
All electronic files must be delivered upon completion of project or with 100%
plan submittal to City of Clearwater.
Attachment number 1
Page 13 of 15
14 of 15
CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
ATTACHMENT “B”
ENGINEERING TASK FEE ESTIMATE
EXCEL SPREADSHEET
Attachment number 1
Page 14 of 15
15 of 15
(insert Engineering Task Fee Estimate Excel Spreadsheet)
Attachment number 1
Page 15 of 15
2#
4
5
1
0
5
2#
4
5
1
0
5
2#
4
5
1
0
5
2#
4
5
1
0
5
7∃
6
.
6
8
0
0
∃
5
<
/Ε
Ρ
Υ
2
∋
&
ς
7
Ρ
Ο
7
Ρ
Ο
7
Ρ
Ο
7
Ρ
Ο
/
Ε
Ρ
Υ
7
Ρ
Ο
2
∋
&
ς
7
Ρ
Ο
7ς
Ν
7
Η
ς
3
Υ
Ρ
Γ
Ξ
Φ
Λ
Ρ
Θ
Θ
Γ
0
Ρ
Θ
Λ
Ρ
Υ
Λ
Θ
ϑ
:
Η
Ο
Ο
,
Θ
Ψ
Η
ς
.Λ
Φ
Ν
Ρ
Ι
Ι
0
Η
Η
Λ
Θ
ϑ
7Η
ς
:
Η
Ο
Ο
6
Λ
Λ
Θ
ϑ
(
Θ
Ψ
∃
ς
ς
Η
ς
ς
Π
Η
Θ
7Η
ς
3
Ο
Θ
∋
Η
Ψ
Η
Ο
Ρ
Σ
Π
Η
Θ
∋Η
ς
Λ
ϑ
Θ
6
Η
Υ
Ψ
Λ
Φ
Η
ς
Θ
Γ
%
Λ
Γ
Γ
Λ
Θ
ϑ
∃
ς
ς
Λ
ς
Θ
Φ
Η
/Η
ϑ
Ο
Γ
Η
ς
Φ
Υ
Λ
Σ
Λ
Ρ
Θ
%
Ρ
Ξ
Θ
Γ
Υ
∴
6
Ξ
Υ
Ψ
Η
∴
7Η
ς
:
Η
Ο
Ο
3
Η
Υ
Π
Λ
Λ
Θ
ϑ
:Η
Ο
Ο
&
Ρ
Θ
ς
Υ
Ξ
Φ
Λ
Ρ
Θ
,
Θ
ς
Σ
Η
Φ
Λ
Ρ
Θ
6
Η
Υ
Ψ
Λ
Φ
Η
ς
∃Τ
Ξ
Λ
Ι
Η
Υ
3
Η
Υ
Ι
Ρ
Υ
Π
Θ
Φ
Η
7
Η
ς
Λ
Θ
ϑ
Θ
Γ
(
Ψ
Ο
Ξ
Λ
Ρ
Θ
7Η
ς
3
Υ
Ρ
Γ
Ξ
Φ
Λ
Ρ
Θ
:
Η
Ο
Ο
∋
Υ
Λ
Ο
Ο
Λ
Θ
ϑ
Θ
Γ
∃
Θ
Ο
∴
ς
Λ
ς
5
Σ
+∴
Γ
Υ
Ρ
Ο
Ρ
ϑ
Λ
Φ
0
Ρ
Γ
Η
Ο
Λ
Θ
ϑ
5Η
Ψ
Λ
Η
Ζ
Ρ
Ι
+
∴
Γ
Υ
Ρ
Ο
Ρ
ϑ
Λ
Φ
∋
&
Ρ
Ο
Ο
Η
Φ
Λ
Ρ
Θ
Θ
Γ
0
Ρ
Γ
Η
Ο
Λ
Θ
ϑ
+∴
Γ
Υ
Ρ
Ο
Ρ
ϑ
Λ
Φ
∃
ς
ς
Η
ς
ς
Π
Η
Θ
5
Η
Σ
Ρ
Υ
0Ρ
Θ
Κ
Ο
∴
3
Υ
Ρ
ϑ
Υ
Η
ς
ς
Π
Η
Η
Λ
Θ
ϑ
ς
3Κ
ς
Η
7
Ρ
Ο
ς
ΙΡ
Υ
&Λ
∴
Ρ
Ι
&
Ο
Η
Υ
Ζ
Η
Υ
3∃
5
6
2
1
6
6
∋
,
0
∗
6
(1
∗
,
1
(
(
5
,
1
∗
6
(
5
9
,
&
(
6
)
(
(
(
6
7
,
0
∃
7
(
5(
9
,
6
,
2
1
1
2
5(
6
(
5
9
2
,
5
1
Ρ
%
Υ
Φ
Ν
Λ
ς
Κ
:
Η
Υ
5
2
3
Ο
Θ
3
Υ
Ρ
Μ
Η
Φ
ΙΡ
Υ
3Κ
ς
Η
3
Υ
Ρ
Γ
Ξ
Φ
Λ
Ρ
Θ
Θ
Γ
0
Ρ
Θ
Λ
Ρ
Υ
Λ
Θ
ϑ
:
Η
Ο
Ο
,
Θ
Ψ
Η
ς
Λ
ϑ
Λ
Ρ
Θ
5Η
ς
Ψ
3
Κ
ς
Η
%
Ξ
Γ
ϑ
Η
Ψ
Ε
[
Ο
ς
∃0
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Revise the City Council Land Development Policy on Subdivsion Monuments to allow for the construction and maintenance of features
in a right-of-way if approved by the City Engineer. (consent)
SUMMARY:
The current City Council Policy on Subdivision Monuments prohibits the construction of new subdivision entranceway features. This
revision to the policy would allow for the construction of new features provided that they are designed, installed and maintained in
accordance with applicable codes and regulations. An agreement with the City and a liability insurance policy would be required
for work in a right-of-way.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Clerk
Cover Memo
City Council Policy
LAND DEVELOPMENT
B. Subdivision Monuments. New entranceway landscaping, monuments,
signage, and walls shall not be allowed within the public rights-of-way of the
City of Clearwater unless approved by the City Engineer. Such special
treatments are to be upon private property and shall be designed, installed
and maintained in accordance with all applicable codes and regulations. The
owners of all proposed and existing entranceway features occupying public
property are to execute an agreement with the City of Clearwater wherein
owners agree to keep all features in good repair, hold the City harmless for
any liability arising from the use of the public eight-of-way, and provide a
$ 500,000 liability insurance policy. Upon failure of the owners of existing
features to execute such agreement and provide the required insurance
policy after forty-five days from written notice, or by tagging the structure
when owners cannot be determined, or upon failure of the owners to repair or
maintain any feature of the site which has fallen in disrepair after similar
notice, the Public Works Department is to remove all such materials
occupying the public right-of-way.
A wooden sign with breakaway features approved by the City Engineer may
be allowed within the public right-of-way when associated with the Parks and
Recreation “Adopt a Park” program, and is to be limited to a size necessary to
name the sponsoring agency in 3-inch letters. Such sign to be a maximum
height of 18-inches.
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve the applicant's request to vacate the north 5-feet of the 10-foot drainage and utility easement lying along the south property line
of Lot 37, Countryside Tract 90, Phase 1, (a.k.a. 2773 Merlin Way), and pass Ordinance 7783-07 on first reading. (VAC2006-13
McNamara)
SUMMARY:
The applicant has received flexible development approval to construct a swimming pool and pool deck five feet from the rear property
line rather than the ten foot setback otherwise required.
A development order dated October 16, 2006 granted the setback reduction subject to the applicant successfully vacating the north five
feet of the drainage and utility easement subject of this request.
Progress Energy, Verizon, Bright House Networks and Knology have no objections to the vacation request.
The City of Clearwater has no facilities in the easement and no future need for the easement portion is anticipated.
Public Works Administration has no objections to the vacation request.
Review Approval:1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Ordinance No. 7783-07
ORDINANCE NO. 7783-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE NORTH FIVE FEET OF A 10-
FOOT DRAINAGE AND UTILITY EASEMENT LYING
ALONG THE SOUTH PROPERTY LINE OF LOT 37,
COUNTRYSIDE TRACT 90, PHASE I; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Keith and Julie McNamara, owners of real property located in the City
of Clearwater, have requested that the City vacate the drainage and utility easement
depicted in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
The north Five feet of a 10-foot drainage and utility easement lying along
the south property line of Lot 37, Countryside Tract 90, Phase I, as
recorded in Plat Book 82, Page 57, Official Records of Pinellas County,
Florida
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED _________________________
______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
______________________________ ______________________________
Carlos F. Colón Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
TASHA
MERLIN
CLOUDVIEW
S.R.
586
DR
WA
Y
ZA
R
A
CT
LA
Hi
n
s
d
a
l
e
BRATTLE
BE
A
U
M O NT
MONTAGUE
RI
DG
E
CT
NORTH
TH
NO
R
B
u
c
k
e
y
e
WO
O
D
HI
ME
DR
Ct
W
I
N
D C
WOOD
E
L
A
K
E
S
H
O
R
E
DR
AS
P
E
N
Red
Oak
Shore
SEDGEFIELD
DE
Redford
SAXONY
MEADOW
C.
R
.
9
0
ST
BA
R
B
A
R
A
KA
R
E
N
ST
DR
DR
HYD
E
FE
R
N
CLI
F
F
LA
Baron
ne
N
DR
ME
R
L
I
N
DR
WAY
PO
P
PY SEED
Ve
r
o
n
i
c
a
L
a
f
i
t
t
e
R
A
M
P
A
R
T
MA
S
T
E
R
S
Ann
e
t
t
e
DR
CIR
GREE
N
A LL
A
P AT
T
A H
MEAD
O
W
FAIR
DR
CL
U
B
HU
N
T
BLVD
FO
X
HI
L
L
S
p
a
ni
s
h
E
O
a
k
MA
S
T
E
R
S
Tr
a
i
l
w
o
o
d
DR
DR
DR
DR
Ct
Dela
c
h
a
i
s
e Du
m
ai
n
e
T
h
a
l
i
a
RO
CH
E
L
L
E
Inve
r
r
a
r
y
MON TROSE
WOOD
H yd e Park
DR
ENDICOTT
Holbroo
k
Vacation Request
By Applicant
Location Map : McNamara
S.K.S.D.N.T.S.
276A 17-28s-16e 01/04/07
City of Clearwater
Public Works Administration / Engineering
Drawn By:Reviewed By:
S - T - RGrid #Date:
Scale:Ordinance
DWG. NO
7783-07
VAC 2006-13
Vacate the North 5-ft. of a 10-ft. utility easement lying
along the South property line Lot 37, Countryside Tract 90,
Phase 1.
Attachment number 2
Page 1 of 1
32
33
34
35
36373839
4849 5051
52535455
61 22212019 18
17
1624
2348
47
PHASE X
PHASE X
PHASE X
PHASE X
5'
Vacation Request
By Applicant
10' Dr. & Util. Easement
COUNTR
Y SIDE TR
A
CT 90 PH
AS E 1
82-57
COUN TRYS IDE - T RACT 58
8 0-3 1
FO
X
H
I
L
L
D
R
MEADOW WOOD DR
MERLIN WAY
ME
R
L
I
N
D
R
HU
NT
C
L
U
B
DR
Exhibit A Map : McNamara
S.K.S.D.1" = 100 ft
276A 17-28s-16e 01/04/07
City of Clearwater
Public Works Administration / Engineering
Drawn By:Reviewed By:
S - T - RGrid #Date:
Scale:Ordinance
DWG. NO
7783-07
VAC 2006-13
Vacate the North 5-ft. of a 10-ft. utility easement lying
along the South property line Lot 37, Countryside Tract 90,
Phase 1.
Attachment number 3
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve the applicant's request to vacate the East 10 feet of the 25-foot drainage and utility easement lying along the West property
lines of Lots 12 through 19,inclusive, Renaissance Oaks, (a.k.a. 2231, 2237, 2243, 2249, 2255, 2261, 2267, and 2273 Steven Street),
and approve Ordinance 7788-07 on first reading, (VAC2007-01 Renaissance Oaks, LLC),
SUMMARY:
The applicant is seeking vacation of the subject easement portion in order to increase the buildable area of the lots.
The original drainage plan for the subdivision required the installation of a swale in the rear yard of the subject lots. Engineering staff
has reviewed and approved the installation of a storm pipe instead of the swale which allows the reduction in the size of the drainage
and utility easement needed and eliminates a swale in the rear yards.
Knology, Verizon, Brighthouse, and Progress Energy have no objections to the vacation request.
Public Works administration has no objections to the vacation request.
Review Approval:1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Ordinance No. 7788-07
ORDINANCE NO. 7788-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE EAST TEN FEET OF A 25-
FOOT DRAINAGE AND UTILITY EASEMENT LYING
ALONG THE WEST PROPERTY LINES OF LOTS 12
THROUGH 19, RENAISSANCE OAKS SUBDIVISION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Renaissance Oaks, LLC, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement depicted
in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
East ten feet of a 25-foot drainage and utility easement lying along the west
property lines of Lots 12 through 19, inclusive, Renaissance Oaks
Subdivision, as recorded in Plat Book 133, Page 3, Official Records of
Pinellas County, Florida
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED _________________________
______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
______________________________ ______________________________
Carlos F. Colón Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
41/01
F
9
10
11
12
7
9
3.75
171513
11
5
4
6
10
121416
5
6
7
89101112
13
14
15
16
17
18
19
20
21 22 23 24 25
2627
28
29
30
31
32
3334
35
36
37
38
39
40
4
5
6
A C
1
3
A C (C)
10' Dr. & Util. Easement
Vacation Request
By Applicant
25' Dr. & Util. Easement
RENAIS
S
ANCE O
A
K
S
P.B . 133 PG
.
3
ST
E
V
E
N
ST
LEANNE CT
LA
U
R
E
N
L
N
CREST DR
PIN OAK DR
PATRICK PL
Exhibit A Map : Renaissance Oaks, LLC
S.K.S.D.1" = 200 ft
245A 33-28s-16e 01/09/07
City of Clearwater
Public Works Administration / Engineering
Drawn By:Reviewed By:
S - T - RGrid #Date:
Scale:Ordinance
DWG. NO
7788-07
VAC 2007-01
Vacate the East 10 feet of the 25-ft. drainage and utility
easement along the west property lines Lot 12 through 19,
Renaissance Oaks Sub.
Attachment number 2
Page 1 of 1
BLVD
OCTAVIA
STONEBROOK LN
BO
HILLCREEK CIR S
AN
T
H
O
N
Y
LA
AV
E
AV
E
DR
EL
Y
S
I
U
M
ELYSIUM
BETHANY
CT
LANE
DI
V
I
N
O
D
R
BL
V
D
PA
R
K
S
T
R
E
A
M
SU
N
D
A
BO
O
T
H
RD
BOOTH
SEE
D
L
I
NG
DE
M
E
D
I
C
I
D
R
WOODCREEK DR NTE
R
E
N
C
E
CI
R
OAK HILL RD
C.
R
.
6
1
1
STREET
TRACE
CYPRESS
CYPRESS TRACE
Mc
M
U
L
L
E
N
WOODCREE K DR S
WEATHERSTONE
DR
HA
M
P
S
H
I
R
E
D
R
O
A
K
M
O
N
T
C
T
DR
W
WAY
CIELO CIR N
CIELO CIR S
UNION
LAJONES
BRO
O
K
CREST
DR
SH
A
DE
BAR
T
O
N
OAK
OAK COVE
M ARLO BL
V
D
PO
D
O
C
HI
L
L
C
R
E
E
K
TR
E
E
LA
N
E
AR
P
U
S
WO
OD
CR
E
E
K WOO
D
S
I D
CT
WOO
D
C
R
E
E
K
D
R
E
LA
N
D
M
A
R
K
D
R
Oakbrook
Cir
DR
LN
E
LN
W
PIN
Renaissance Dr.
Patrick Pl.
Leanne Ct.
St
e
v
e
n
S
t
.
La
u
r
e
n
L
n
.
PROJECT
SITE
Location Map : Renaissance Oaks, LLC
S.K.S.D.N.T.S.
245A 01/09/07
City of Clearwater
Public Works Administration / Engineering
Drawn By:Reviewed By:
S - T - RGrid #Date:
Scale:Ordinance
DWG. NO
7788-07
VAC 2007-01
Vacate the East 10 feet of the 25-ft. drainage and utility
easement along the west property lines Lot 12 through 19,
Renaissance Oaks Sub.
33-28s-16e
Attachment number 3
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, revising the Marina
Residential District provisions and Pass Ordinance 7721-07 on first reading.
SUMMARY:
In 2001 the Clearwater City Council adopted Beach by Design: A Preliminary Design for Clearwater Beach. This special area plan sets
forth a series of strategies to revitalize Clearwater Beach and establishes eight character districts that regulate land uses and the scale of
development. In August 2006, City Council imposed a six-month building moratorium for the 14-acre Marina Residential character
district so the Planning Department could create a redevelopment framework that better balances development incentives with the
provision of public amenities, allows greater flexibility with regard to uses and supports public access to the waterfront. Ordinance No.
7721-07 replaces the current Marina Residential District in its entirety and proposes the following: · A new vision supporting the
redevelopment of the Marina District into a pedestrian and boater friendly destination with a variety of uses including overnight
accommodations, restaurants, commercial, mixed-use, redevelopment and water-oriented uses; · An activity center at the intersection of
East Shore Drive and Papaya Street that only allows overnight accommodations, commercial and mixed-use development. Stand-alone
residential is not permitted in this particular location; · Height incentives for redevelopment projects of various sizes and uses if a public
boardwalk and/or streetscape improvements are constructed; · Parking incentives for docks and preferred uses; · Vacating East Shore
Drive if traffic circulation, relocation of utilities and emergency access issues can be mitigated; and · Site and architectural design
criteria in addition to the provisions of the Community Development Code and Beach by Design design guidelines. The Planning
Department has determined that the proposed amendment is consistent with the provisions of the Clearwater Comprehensive Plan and
the Community Development Code. Refer to the staff report for further analysis and Ordinance 7721-07. The Community Development
Board reviewed the proposed amendments to Beach by Design: A Preliminary Design for Clearwater Beach in its capacity as the Local
Planning Agency (LPA) at its regularly scheduled meeting on December 22, 2006 and recommended approval by a vote of 4-3.
Review Approval:1) Clerk
Revised Staff Report – City Council – January 18, 2007
Amendments to Beach by Design (Ord. No. 7721-07) – Page 1 of 6
CDB Meeting Date: December 19, 2006
Case Number: Amendments to Beach by Design
Ord. No.: 7721-07
Agenda Item: F.1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BEACH BY DESIGN AMENDMENTS
REQUEST: Amendments to Beach by Design: A Preliminary Design for
Clearwater Beach and Design Guidelines (Beach by Design)
INITIATED BY: City of Clearwater Planning Department
BACKGROUND:
In 2001 the City adopted Beach by Design: A Preliminary Design for Clearwater Beach
and Design Guidelines. This special area plan sets forth a series of revitalization
strategies for Clearwater Beach and establishes eight distinct character districts that
regulate land uses, locations of uses and generally the scale of development.
The Marina Residential character district is bounded by Clearwater Harbor on the east,
Poinsettia Avenue on the west, and Causeway Boulevard on the south and the northern
property line of the Belle Harbor Condominium development on the north (see Marina
Residential District Boundary Map). It is comprised of approximately 14 acres of land
and described in Beach by Design as primarily residential in nature with a few motels and
restaurant uses. Due to the shallow nature of many of the parcels in this district, the
Marina Residential District provisions focus on achieving the consolidation of property
through several redevelopment scenarios. The most desired scenario envisions the entire
district consolidated under single ownership and developed with a marina-based hotel
with the assistance of the resort density pool. In the event this consolidation does not
occur, the District provides for development scenarios of two and one-half and five acres
that include significant height allowances of 70 and 100 feet respectively. Any
development utilizing the consolidation incentives is required to dedicate an easement for
a public “Bayside Boardwalk.” In the event these consolidations do not occur, Beach by
Design provides for single lot development but imposes significant height restrictions of
two or four stories above parking.
Two redevelopment projects have been approved in the District and have rendered the
single developer consolidation scenario impossible. Escalating land values and
construction costs have also made the 2.5-acre and 5-acre redevelopment scenarios
unlikely.
Revised Staff Report – City Council – January 18, 2007
Amendments to Beach by Design (Ord. No. 7721-07) – Page 2 of 6
On August 3, 2006 the City Council passed a six-month moratorium so the Planning
Department could refine the Marina Residential District vision and create a
redevelopment framework that balances development incentives with the provision of
public benefits and amenities. To aid in creating amendments to the District provisions,
the Planning Department held three meetings to gain public input and consensus on a
future vision for the area. Two meetings were held with the community and one was held
with the Marina District property owners/residents. Four different development options
(Options 1 – 4) were presented at both the District owners and final community meetings.
Option 1 proposed no real substantive changes to the current Beach by Design provisions.
Option 2 proposed transforming the District into a waterfront destination with a mix of
uses throughout the District with a focal point at the intersection of East Shore Drive and
Papaya Street. It also proposed height incentives for certain uses and lot consolidation
provided developers contribute a public boardwalk along Clearwater Harbor and
streetscape improvements along Baymont and Papaya Streets. Option 3 was very similar
to Option 2 but did not envision the district as a “destination” but rather as a waterfront
neighborhood. Instead of a public boardwalk, this option required developer
contributions for a public dock to be constructed at the eastern terminus of Papaya Street
at Clearwater Harbor and streetscape improvements throughout the district. Options 2
and 3 also contemplated the vacation of East Shore Drive. The last proposal, Option 4,
proposed a mixed-use neighborhood with a focal point at Papaya Street and the Harbor.
No incentives or public amenities were provided in this development scenario and
building heights and site design would be governed entirely by the Tourist zoning district
provisions.
Participants of the Marina District owners meeting and the final community meeting
voted on the scenario that most appealed to them and whether or not East Shore Drive
should be vacated. The outcome of the ballot at the Marina District owner’s meeting was
evenly split between Option 2 and 4 with each option getting nine votes. Option 3
received two votes and Option 1 received one vote. At the final community meeting a
total of 41 ballots were cast with 22 votes supporting Option 2, 11 votes supporting
Option 4, five votes for Option 1, and three votes for Option 3. Regarding the future of
East Shore Drive, 36 ballots were cast with 22 in favor of vacation and 14 opposed.
ANALYSIS:
Marina District
Proposed Ordinance No. 7721-07 replaces the existing Marina Residential District in its
entirety. The proposed revisions are based on concepts found in the existing Beach by
Design provisions but capitalize more on the District’s prime waterfront location and
commercial possibilities. The new proposed District vision (Option 2) supports the
redevelopment of the neighborhood into a pedestrian and boater friendly destination that
includes hotels, restaurants, commercial, residential, mixed-use and water-oriented
development throughout the District. The vision also includes the creation of a district
activity center at the intersection of East Shore and Papaya Streets with commercial, hotel
Revised Staff Report – City Council – January 18, 2007
Amendments to Beach by Design (Ord. No. 7721-07) – Page 3 of 6
and mixed-used development, as well as a public boardwalk along Clearwater Harbor
from Baymont Street to the southern boundary of the District. This major public amenity
is invaluable in creating a destination waterfront neighborhood because it creates a new
place for public access to the water, which will draw many people to the District. It will
also help support the preferred uses of restaurants, hotels and mixed-use development.
Points of public access to the boardwalk will be provided at Papaya and Baymont Streets,
which dead-end into Clearwater Harbor and through waterfront properties occupied by
uses open to the public.
To assist in stimulating redevelopment, proposed Ordinance 7721-07 provides height
incentives to redevelopment projects that contribute to the public boardwalk or
streetscape improvements on Papaya and Baymont Streets. The height incentives are
based on lot size, lot location and land use. In order to gain the preferred uses in the
District (commercial, hotel and mixed-uses) the height bonuses are structured to allow
additional height for desired uses and lower heights for residential projects and
increasingly greater heights for land consolidations of less than 0.5 acres, 0.5 acres, 1
and 2 acres. Additional height is also provided for lot consolidations that include
property on both sides of East Shore Drive. Greater value is placed on this type of
consolidation due to the potential site design flexibility afforded to such properties and
because such consolidations could facilitate the vacation of East Shore Drive. Vacation
of East Shore is a major incentive to assist in creating lots sizes more suitable to the
construction of preferred uses. It would be the mechanism to get the boardwalk
constructed on land adjacent to the seawall instead of over the water, which would make
the boardwalk much easier to accomplish. The proposed height bonus schedule in
Proposed Ordinance No. 7721-07 allows building heights ranging from 30 or 40 feet for
parcels less than .5 acres to 100 feet for desired uses located on sites consisting of 2 acres
with property on both sides of East Shore Drive (see page 6 of the Ordinance). Other
incentives focus on greater parking flexibility for docks and the preferred uses.
In determining whether or not to recommend the vacation of East Shore Drive, the
Planning Department hired DKS Associates to conduct a traffic study to determine the
impacts of such vacation. The study evaluated existing traffic volumes and movements
north of Causeway Boulevard, as well as possible future volumes based on the maximum
development potential allowed by the City’s Future Land Use Map (1.0 FAR, 30
residential units per acre and 50 hotel units per acre), including approved site plans and
additional hotel development at densities consistent with current proposals being
considered by the Pinellas Planning Council (PPC). The study concluded that the
projected volume of traffic for East Shore Drive could be accommodated on Poinsettia
Avenue. The study recommended that a continuous center turn-lane be added so that left
turning movements not interfere with the flow of northbound traffic. It should be noted
that this additional lane could be accommodated within the existing 60-foot right-of-way.
The Public Works Administration assessed whether or not access could be gained to
Poinsettia Avenue from Causeway Boulevard and concluded that City-owned land could
accommodate this realignment. This would be highly beneficial so that Poinsettia
Avenue bound traffic on the Causeway would not have to enter the roundabout.
Revised Staff Report – City Council – January 18, 2007
Amendments to Beach by Design (Ord. No. 7721-07) – Page 4 of 6
The Public Works Administration also evaluated how evacuations would likely be
structured under the current conditions and if East Shore Drive is vacated and Poinsettia
Avenue realigned to intersect with Causeway Boulevard east of the roundabout. The
City’s Traffic Operations Division has indicated that South Beach traffic will be
evacuated on the eastbound lanes of the Causeway and North Beach traffic will be
diverted to the westbound lanes. North Beach traffic entering the roundabout from
Mandalay Avenue will turn left onto the roundabout and access the westbound lanes of
the Causeway while those entering from South Beach will turn right onto the roundabout
to access the eastbound lanes of the Causeway. Under existing conditions, a total of three
“stacking” lanes would be provided on East Shore and Poinsettia to access the west
bound lanes of the Causeway (see Existing Evacuation Route Map). If East Shore is
vacated, three lanes will be in place on Poinsettia Avenue; therefore the vacation will not
impact the number of lanes existing North Beach (see Proposed Evacuation Route Map).
Proposed Ordinance No. 7721-07 promotes pedestrian-oriented development and
provides setback requirements in addition to the Plan’s design guidelines and the
Community Development Code. The propose amendments allow the preferred uses
(hotels, commercial and mixed-use), as well as townhouses the authority to provide a
zero foot front setback. The amendments also recognize that along the public boardwalk
it is important to provide pedestrian-oriented design features such as outdoor seating
areas, courtyards, entryways, etc. and such elements could be located in the required
setback.
To provide sufficient view corridors between properties the proposed Marina District
amendments require side setbacks no less than 25% of the building height and no less
than 10 feet. For example, a 50 foot high building will require a minimum side yard
setback of 12.5 feet and a 100 foot high building will require a 25 foot side yard setback.
Addition of Future Land Use Plan Map
When the PPC and Countywide Planning Authority approved the Old Florida District
revisions in early 2006, a separate recommendation was made by the PPC staff that the
City incorporate the applicable portions of the Clearwater Future Land Use Map (FLUM)
into Beach by Design the next time the Plan is amended. Proposed Ordinance 7721-07
includes an amendment to Section II. Future Land Use that indicates that the FLUM
governs uses, intensities and densities on the Beach and adds an appendix with the map.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following:
Revised Staff Report – City Council – January 18, 2007
Amendments to Beach by Design (Ord. No. 7721-07) – Page 5 of 6
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan. Below please find a selected list of
policies from the Clearwater Comprehensive Plan that is furthered by the
proposed amendment to Beach by Design.
2.1.1 Policy – Redevelopment shall be encouraged, where appropriate, by
providing development incentives such as density bonuses for significant
lot consolidation and/or catalytic projects, as well as the use of transfer of
developments rights pursuant to approved special area plans and
redevelopment plans.
2.1.2 Renewal of the beach tourist district shall be encouraged through the
establishment of distinct districts within Clearwater Beach, the
establishment of a limited density pool of additional hotel rooms to be used
in specified geographic areas of Clearwater Beach, enhancement of public
rights-of-way, the vacation of public rights-of-way when appropriate,
transportation improvements, inter-beach and intra-beach transit, transfer of
development rights and the use of design guidelines, pursuant to Beach by
Design: A Preliminary Design for Clearwater Beach and Design
Guidelines.
2.2 Objective – The City of Clearwater shall continue to support innovative
planned development and mixed land use development techniques in order
to promote infill development that is consistent and compatible with the
surrounding environment.
22.3.8 The City shall retain all existing public access areas.
24.2.1 Priorities for shoreline uses in priority order shall be water-dependent uses
water-related uses, water-enhanced uses and non-water dependent uses. All
priorities shall be considered in redevelopment programming, land use
planning, zoning, and infrastructure development.
The proposed amendments to Beach by Design support the above Comprehensive Plan
policies by providing a new vision of the Marina District as a destination instead of a
residential neighborhood. The amendments provide height incentives for desired uses that
contribute to the creation of a destination and requires the enhancement of certain public
rights-of-way. The amendments also create a framework for providing public access to
Clearwater Harbor that does not currently exist and supports water-oriented uses and docks.
2. The proposed amendments further the purposes of the Community Development
Code and other City ordinances and actions designed to implement the Plan. The
proposed text amendment is consistent with the following purpose of the Code:
Section 1-103.A - It is the purpose of this Development Code to implement the
Comprehensive Plan of the city; to promote the health, safety, general welfare and
Revised Staff Report – City Council – January 18, 2007
Amendments to Beach by Design (Ord. No. 7721-07) – Page 6 of 6
quality of life in the city; to guide the orderly growth and development of the city;
to establish rules of procedures for land development approvals; to enhance the
character of the city and the preservation of neighborhoods; and to enhance the
quality of life of all residents and property owners of the city.
Section 1-103.E.4 – Provide the most beneficial relationship between the uses of
land and buildings and the circulation of traffic throughout the city, with
particular regard for safe and efficient vehicular and pedestrian traffic movement;
Section 1-103.E.6 – Provide for open spaces through efficient project design and
layout that addresses appropriate relationships between buildings on the project
site and adjoining properties, including public rights-of-way and other places.
Proposed Ordinance 7721-07 further the purposes of the Community Development Code
by creating a vision for the Marina District, which will enhance the character of the
district and enhance the quality of life for Clearwater residents and visitors by providing
public access to Clearwater Harbor. The vacation of East Shore Drive would create
development parcels that are better able to support the vision of the district while
providing appropriate traffic circulation on North Beach. Streetscape improvements and
a public boardwalk will also provide for safe pedestrian movement within an attractive
environment.
SUMMARY AND RECOMMENDATION:
This proposed amendment to Beach by Design: A Preliminary Design for Clearwater
Beach and Design Guidelines creates a redevelopment framework that supports the
creation of waterfront destination the Marina District. The amendments provide height
incentives for various lot sizes and greater incentives for the preferred uses that will
activate the district. The proposed amendments are consistent with the Clearwater
Comprehensive Plan and purposes of the Community Development Code.
The Planning Department recommends APPROVAL of Ordinance No. 7721-07 which
makes revisions to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines.
Prepared by Planning Department Staff: ______________________________________
Gina L. Clayton, Assistant Planning Director
Attachments:
Marina District Boundaries Map
Existing Evacuation Map
Proposed Evacuation Map
Ordinance No. 7721-07
S:\Planning Department\BEACH BY DESIGN\AMENDMENTS TO BEACH BY DESIGN\2006 Marina Residential
Amendments\CDB - December 19, 2006 Materials\Staff Report - 2006 Marina District Amendment.doc
RH
RFH
P
R/OS
WATER
Clearwater Beach Future Land Use
12/13/2006
P
RFHRFH
R/OS
T/U
RH
RFH
CG
R/OS T/U
RFH
I
T/U
R/OS
Future Land Use
Residential Urban
Residential High
Resort Facilities High
Commercial General
Preservation
Recreational/Open Space
Institutional
Transportation / Utility
Beach by Design Boundary
CG
APPENDIXExhibit A
EA
S
T SH
O
R
E
MA
N
D
A
L
A
Y
PO
I
N
S
E
TT
I
A
PAPAYA
BAYMONT
MEM ORIAL CAUSE WAY
ROCKAWAY
Marina District Boundary Map
Clearwater Harbor
12/13/2006
EA
S
T
S
H
O
RE
POI
NSE
T
T
I
A
PAPAYA
MEMORIAL CAUSEWAY
N MARCO
MA
N
DA
L
AY
Existing Evacuation Route
EA
S
T
S
h
o
r
e
POI
NSE
T
T
IA
PAPAYA
MEMORIAL CAUSEWAY
RCO
MA
N
DA
L
AY
Proposed Evacuation Route
EA
S
T
SHO
R
E
V
A
C
A
TIO
N
Ordinance No. 7721-07
1
ORDINANCE NO. 7721-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN
FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY
AMENDING SECTION II. FUTURE LAND USE; REMOVING AND
REPLACING SUBSECTION C. THE “MARINA RESIDENTIAL“ DISTRICT
IN ITS ENTIRETY; PROVIDING A DESCRIPTION AND VISION FOR
THE MARINA DISTRICT; PROVIDING FOR HEIGHT INCENTIVES AND
REQUIRED PUBLIC AMENITIES; PROVIDING ADDITIONAL
INCENTIVES; ADDING CERTAIN PROVISIONS REGARDING BELLE
HARBOR; PROVIDING FOR SITE DESIGN CRITERIA INCLUDING
SETBACKS, BUILDING DESIGN ALONG PUBLIC BOARDWALK, AND
PARKING ALONG CLEARWATER HARBOR; ADDING AN APPENDIX
CONSISTING OF THE CITY’S FUTURE LAND USE MAP FOR THE
AREA GOVERNED BY BEACH BY DESIGN AS EXHIBIT A; PROVIDING
THAT SAID PROVISIONS SUPPLEMENT THE CLEARWATER LAND
DEVELOPMENT CODE; PROVIDING FOR FORWARDING TO REVIEW
AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall; and
WHEREAS, the public infrastructure and private improvements of Clearwater Beach
are a critical part contributing to the economic vitality of the Beach; and
WHEREAS, substantial improvements and upgrades to both the public infrastructure
and private improvements are necessary to improve the tourist appeal and citizen
enjoyment of the Beach; and
WHEREAS, the City of Clearwater desires greater flexibility with regard to location of
uses within the Marina District governed by Beach by Design; and
WHEREAS, Beach by Design does not specifically permit overnight
accommodations in the Marina Residential District and the City of Clearwater desires to
incentivize new overnight accommodation development; and
WHEREAS, the City of Clearwater desires to ensure public access to the Clearwater
Harbor in the Marina District; and
WHEREAS, the City of Clearwater desires to better balance development incentives
with the provisions of public benefits and amenities in the Marina District; and
Ordinance No. 7721-07
2
WHEREAS the Pinellas Planning Council has requested that the City’s Future Land
Use Map be added to Beach by Design; and
WHEREAS, the proposed amendments to Beach by Design have been submitted to
the Community Development Board acting as the Local Planning Authority (LPA) for the
City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly
noticed public hearing and found that amendments to Beach by Design are consistent with
the Clearwater Comprehensive Plan; and
WHEREAS, Beach by Design was originally adopted on February 15, 2001 and
subsequently amended, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, is amended as follows:
II. Future Land Use
The existing pattern of land use is a mix of primarily commercial uses – hotels,
motels, retail shops, restaurants and tourist and/or recreation operations – between
Acacia Street and the Sand Key bridge. The City of Clearwater Future Land Use
Plan Map governs uses, intensities and densities in this area and is incorporated by
reference, as may be amended, and is attached as the Appendix. Functionally, this
area is divisible into a number of distinct character districts which also govern
development:
* * * * * * *
Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection C. The “Marina Residential”
District, is amended as follows:
C. Marina Residential District
The area to the east of Poinsettia and North Mandalay to the north of Baymont is
primarily a residential district with a few motel and restaurant uses. The parcels of land
to the east of East Shore front on Clearwater Bay. However, those parcels are
relatively shallow, limiting the utility of the existing parcelization. Beach by Design
anticipates the redevelopment of the Marina District as a waterfront residential
neighborhood with parcels to the east of Poinsettia consolidated with parcels to the east
of East Shore in favor of land assembly. Four distinct blocks should be created from
Ordinance No. 7721-07
3
this consolidated land between the Causeway and Baymont Street consistent with
existing area street patterns. Pedestrian access should be provided through each block
to the Intracoastal Waterway and terminate at a public boardwalk located along the
shoreline from the Causeway to Mandalay Avenue. Retail and restaurant uses are
appropriate in the north and south block only and residential uses located between.
The Yacht Basin Apartment site, which is located on the north side of Baymont, should
be considered an integral part of this neighborhood. It must be included in any
consolidation effort and is an appropriate site for a marina based hotel and other
residential uses.
If all of this land is consolidated under single ownership and developed according
to the Marina Residential District framework as a unified plan, the City should do the
following: vacate East Shore; create an assessment district to finance the boardwalk
construction; participate in a garage at Pelican Walk; and make available the density
pool for a marina-based hotel meeting the requirements of Beach by Design on the
Yacht Basin Apartment site, including the potential allowance of 150 feet in building
height. All other building heights within this district would be permitted between 2-4
stories above parking.
If the “single” property consolidation described above does not occur,
intermediate strategies should be employed. These strategies should results in
smaller, but significant, lot consolidation in the East Shore area consistent with the
four “distinct blocks” identified previously between the Causeway and Baymont Street.
This area should also value two larger consolidations of approximately five acres each
as an incentive for redevelopment. The goal of marina based development in
conjunction with a public “Bayside Boardwalk” should also be pursued. Additionally,
the Yacht Basin site should be redeveloped in its current configuration without further
subdivision. In order to implement these strategies the following incentives are
available:
Height
In addition to the requirements of the Design Guidelines the following requirements shall
apply in the Marina Residential District between Baymont Street and the Causeway.
• Projects that consolidate a minimum of five acres will be eligible for approval of
height up to 100 feet, subject to meeting the standards of the Community
Development Code, Beach By Design and approval by the Community
Development Board.
• Projects that consolidate a minimum of 2.5 acres will be eligible for approval of
height up to 70 feet, subject to meeting the standards of the Community
Development Board.
• Structures located between the Causeway and Baymont Street exceeding 35
feet in height, shall occupy no more than fifty (50) percent of the property
frontage along the Intra-Coastal Waterway.
Ordinance No. 7721-07
4
In the event that lot consolidation under one owner does not occur, Beach by
Design contemplates the City working with District property owners to issue a request
for proposals to redevelop the District in the consolidated manner identified above. If
this approach does not generate the desired consolidation and redevelopment, Beach
by Design calls for the City to initiate a City Marina DRI in order to facilitate
development of a marina based neighborhood subject to property owner support. If lot
consolidation does not occur within the District, the maximum permitted height of
development east of East Shore will be restricted to two (2) stories above parking and
between Poinsettia and East Shore could extend to four (4) stories above parking.
Yacht Basin Property
• The Yacht Basin property will be redeveloped without further subdivision and
subject to the design guidelines. The property will feature lower building heights
around the perimeter of the property with higher buildings located on the interior
of the site with stepped back design.
• The project will provide streetscape improvements on the Mandalay and
Baymont sides either on the project property or on the existing right-of-way.
These improvements are intended to link pedestrians with the Mandalay and
Bayside Boardwalk areas.
• The project will contribute to Pelican Walk parking garage project on terms to be
determined by the City Commission.
East Shore Vacation
Any vacation of East Shore Drive would be subject to a traffic analysis prior to the
vacation. The City may conduct this evaluation prior to a proposal for street vacation.
Bayside Boardwalk/Pedestrian Linkages
Development utilizing the lot consolidation incentives will dedicate a ten-foot easement
along the Bayside that will link to a pedestrian streetscape improvement along Baymont.
The Yacht Basin redevelopment will provide the streetscape improvement from the
proposed Boardwalk to Mandalay Street along the Baymont frontage. The Bayside
Boardwalk can be either on the landside of the seawall and or a component of marina
development on the waterside on the seawall.
Marina Development
Development utilizing the lot consolidation incentives should include a marina
component, subject to applicable permitting requirements.
Ordinance No. 7721-07
5
C. Marina District
The area to the east of Poinsettia Avenue, north of Causeway Boulevard and south of
the Clearwater Beach Recreation Complex is a mixed-use district occupied by
residential, motel and limited commercial uses in at-grade structures primarily one – two
stories in height. This district is the northern gateway to Clearwater Beach and has a
high profile location along Clearwater Harbor and visibility from Causeway Boulevard.
The parcels of land located on the east side of East Shore Drive have frontage along
Clearwater Harbor and those on the west side also have frontage on Poinsettia Avenue.
Parcels on both sides of East Shore Drive are relatively shallow and the future
redevelopment opportunities are limited by this existing parcelization.
District Vision
The District’s prime location along Clearwater Harbor, its close proximity to the City’s
marina and to the beach make the District a particularly desirable place for tourists and
residents alike. Beach by Design supports the redevelopment of the Marina District into
a pedestrian and boater-friendly destination that includes a mix of hotels, commercial,
restaurant, residential and mixed-use development, as well as a variety of dock facilities
and water related uses.
To assist in creating this destination waterfront neighborhood, the District should
capitalize upon its gateway location. Beach by Design supports the creation of a District
focal point generally located at the intersection of East Shore Drive and Papaya Street
and along Clearwater Harbor. Uses in this location shall be limited to the District’s
preferred uses, which are restaurants, retail, hotels and/or mixed uses. Stand-alone
residential development shall not be permitted in this location. The design of
development in this location should capitalize on this prime waterfront location and
provide public access to the waterfront where Papaya Street terminates at Clearwater
Harbor.
To assist in attracting people to the District, Beach by Design contemplates the
construction of a public boardwalk along Clearwater Harbor from Baymont Street south
to the southern boundary of the District to connect with the City marina’s boardwalk
located under Causeway Boulevard. Additionally, streetscape improvements should be
implemented along Baymont and Papaya Streets to create a pleasant pedestrian
environment and visual connection between Clearwater Harbor and the Gulf of Mexico.
Streetscape elements should also be used to identify public entrances to the boardwalk
at Papaya and Baymont Streets along Clearwater Harbor.
Height Incentives and Required Public Amenities
The Marina District’s location in the heart of the tourist district presents prime
opportunities for tourist-oriented and mixed-use development. Existing parcel sizes and
Ordinance No. 7721-07
6
depths as well as lack of public amenities inhibit the District’s redevelopment and
potential for creating a destination waterfront neighborhood. To realize the District’s
vision, Beach by Design offers development incentives of increased building height in
exchange for redevelopment proposals with larger lot sizes, preferred District uses and
the inclusion of specified public amenities.
Development located on Clearwater Harbor utilizing a height bonus as outlined in the
table below must provide to the City of Clearwater a 15 foot wide boardwalk constructed
within a 20-foot public access easement adjacent to the seawall, either over the water
or on the land as determined by the City. Any non-waterfront parcel using the height
bonus shall contribute financially to the Papaya and Baymont Street streetscape or the
public boardwalk, in a manner determined by the City. The following table shall guide
allowable building height in the Marina District:
Height Bonus Schedule for the Marina District
Land Area with Contribution to the Public
Boardwalk or the Streetscape
Maximum Height
for Residential
Development
Maximum Height for
Preferred Uses -
Mixed Used
Development and
Overnight
Accommodations
< 0.5 acres 30 feet and no
more than 2
stories above
parking
40 feet and no more
than 4 stories above
parking
> 0.5 acres on east side of East Shore
Drive
40 feet 60 feet
> 0.5 acres on both sides of East Shore
Drive
50 feet 70 feet
1 acre on east side of East Shore Drive 50 feet 70 feet
1 acre on both sides of East Shore Drive 60 feet 80 feet
2 acres on east side of East Shore Drive 60 feet 80 feet
2 acres on both sides of East Shore Drive 75 feet 100 feet
Additional Incentives
In addition to the height bonuses, Beach by Design contemplates the vacation of East
Shore Drive to assist in the creation of larger sites to facilitate redevelopment with a
higher quality of architectural and site design. Vacation requests will only be considered
Ordinance No. 7721-07
7
if concerns related to access, traffic circulation, emergency vehicle access, utilities, etc.
could be mitigated to the satisfaction of the City.
The Marina District also supports the maintenance and expansion of dock facilities that
serve existing and new uses, as well as those that serve the broader public. To assist
in the creation of commercial dock facilities, Beach by Design waives any additional on-
site parking that may be required to support such facilities provided on-street parking is
provided adjacent to the upland site.
Beach By Design further contemplates that additional flexibility may be provided
regarding number and location of parking spaces to serve overnight accommodations.
Belle Harbor
The Belle Harbor condominium site was recently redeveloped consistent with the High
Density Residential (HDR) zoning district provisions and no changes are anticipated for
this parcel. In the event conditions change, the HDR District will govern future
redevelopment or improvements to this property.
Site Design Criteria
To ensure that the scale and character of development in the Marina District provides
the desired setting for public enjoyment of the waterfront and promotes pedestrian-
oriented development, the following requirements shall apply to the Marina District.
Should there be any discrepancy between these provisions and Section VII. Design
Guidelines and/or the Community Development Code, these provisions shall govern.
Setbacks
In order to promote a pedestrian-friendly environment, overnight accommodations,
commercial, mixed-use development and townhouses may be permitted a zero foot
front setback. Other forms of residential development shall comply with the setbacks
set forth in the Community Development Code.
Setbacks adjacent to the public boardwalk may incorporate pedestrian–oriented design
features including, but not limited to courtyards, steps, entryways, arcades, plazas and
outdoor seating areas.
To ensure the provision of adequate east-west view corridors between properties,
building side setbacks shall be no less than 25% of the building height or a minimum of
10 feet, whichever is greater. A minimum setback of five feet shall be provided for all
paved surfaces. The public boardwalk, pavement accommodating cross-access drive
aisles and shared parking areas shall be exempt from any side setback requirements.
Ordinance No. 7721-07
8
Building Design Along the Public Boardwalk
The design of facades fronting Clearwater Harbor is critical in creating the atmosphere
along the public boardwalk. These façades should receive a high level of design
treatment incorporating elements such as changes in plane, architectural details, variety
in color, materials and textures, defined entrances, doors and windows and other
appropriate details based on the architectural style of the building.
Parking Along Clearwater Harbor
Parking garages/areas should be internal to the site/building and screened from
Clearwater Harbor. Such areas shall be architecturally integrated with the design of the
building.
Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines is amended by adding an Appendix which contains the City’s Future
Land Use Plan Map for the area governed by Beach by Design and as shown in the
attached Exhibit A.
Section 4. Beach by Design, as amended, contains specific development
standards and design guidelines for areas of Clearwater Beach that are in addition to
and supplement the Community Development Code; and
Section 5. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same; and
Section 6. It is the intention of the City Council that this ordinance and plan and
every provision thereof, shall be considered severable; and the invalidity of any section
or provision of this ordinance shall not affect the validity of any other provision of this
ordinance and plan; and
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Ordinance No. 7721-07
9
Approved as to form: Attest:
_____________________________ _______________________
Leslie Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Ordinance No. 7721-07
1
ORDINANCE NO. 7721-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN
FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY
AMENDING SECTION II. FUTURE LAND USE; REMOVING AND
REPLACING SUBSECTION C. THE “MARINA RESIDENTIAL“ DISTRICT
IN ITS ENTIRETY; PROVIDING A DESCRIPTION AND VISION FOR
THE MARINA DISTRICT; PROVIDING FOR HEIGHT INCENTIVES AND
REQUIRED PUBLIC AMENITIES; PROVIDING ADDITIONAL
INCENTIVES; ADDING CERTAIN PROVISIONS REGARDING BELLE
HARBOR; PROVIDING FOR SITE DESIGN CRITERIA INCLUDING
SETBACKS, BUILDING DESIGN ALONG PUBLIC BOARDWALK, AND
PARKING ALONG CLEARWATER HARBOR; ADDING AN APPENDIX
CONSISTING OF THE CITY’S FUTURE LAND USE MAP FOR THE
AREA GOVERNED BY BEACH BY DESIGN AS EXHIBIT A; PROVIDING
THAT SAID PROVISIONS SUPPLEMENT THE CLEARWATER LAND
DEVELOPMENT CODE; PROVIDING FOR FORWARDING TO REVIEW
AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall; and
WHEREAS, the public infrastructure and private improvements of Clearwater Beach
are a critical part contributing to the economic vitality of the Beach; and
WHEREAS, substantial improvements and upgrades to both the public infrastructure
and private improvements are necessary to improve the tourist appeal and citizen
enjoyment of the Beach; and
WHEREAS, the City of Clearwater desires greater flexibility with regard to location of
uses within the Marina District governed by Beach by Design; and
WHEREAS, Beach by Design does not specifically permit overnight
accommodations in the Marina Residential District and the City of Clearwater desires to
incentivize new overnight accommodation development; and
WHEREAS, the City of Clearwater desires to ensure public access to the Clearwater
Harbor in the Marina District; and
WHEREAS, the City of Clearwater desires to better balance development incentives
with the provisions of public benefits and amenities in the Marina District; and
Ordinance No. 7721-07
2
WHEREAS the Pinellas Planning Council has requested that the City’s Future Land
Use Map be added to Beach by Design; and
WHEREAS, the proposed amendments to Beach by Design have been submitted to
the Community Development Board acting as the Local Planning Authority (LPA) for the
City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly
noticed public hearing and found that amendments to Beach by Design are consistent with
the Clearwater Comprehensive Plan; and
WHEREAS, Beach by Design was originally adopted on February 15, 2001 and
subsequently amended, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, is amended as follows:
II. Future Land Use
The existing pattern of land use is a mix of primarily commercial uses – hotels,
motels, retail shops, restaurants and tourist and/or recreation operations – between
Acacia Street and the Sand Key bridge. The City of Clearwater Future Land Use
Plan Map governs uses, intensities and densities in this area and is incorporated by
reference, as may be amended, and is attached as the Appendix. Functionally, this
area is divisible into a number of distinct character districts which also govern
development:
* * * * * * *
Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection C. The “Marina Residential”
District, is amended as follows:
C. Marina Residential District
The area to the east of Poinsettia and North Mandalay to the north of Baymont is
primarily a residential district with a few motel and restaurant uses. The parcels of land
to the east of East Shore front on Clearwater Bay. However, those parcels are
relatively shallow, limiting the utility of the existing parcelization. Beach by Design
anticipates the redevelopment of the Marina District as a waterfront residential
neighborhood with parcels to the east of Poinsettia consolidated with parcels to the east
of East Shore in favor of land assembly. Four distinct blocks should be created from
Ordinance No. 7721-07
3
this consolidated land between the Causeway and Baymont Street consistent with
existing area street patterns. Pedestrian access should be provided through each block
to the Intracoastal Waterway and terminate at a public boardwalk located along the
shoreline from the Causeway to Mandalay Avenue. Retail and restaurant uses are
appropriate in the north and south block only and residential uses located between.
The Yacht Basin Apartment site, which is located on the north side of Baymont, should
be considered an integral part of this neighborhood. It must be included in any
consolidation effort and is an appropriate site for a marina based hotel and other
residential uses.
If all of this land is consolidated under single ownership and developed according
to the Marina Residential District framework as a unified plan, the City should do the
following: vacate East Shore; create an assessment district to finance the boardwalk
construction; participate in a garage at Pelican Walk; and make available the density
pool for a marina-based hotel meeting the requirements of Beach by Design on the
Yacht Basin Apartment site, including the potential allowance of 150 feet in building
height. All other building heights within this district would be permitted between 2-4
stories above parking.
If the “single” property consolidation described above does not occur,
intermediate strategies should be employed. These strategies should results in
smaller, but significant, lot consolidation in the East Shore area consistent with the
four “distinct blocks” identified previously between the Causeway and Baymont Street.
This area should also value two larger consolidations of approximately five acres each
as an incentive for redevelopment. The goal of marina based development in
conjunction with a public “Bayside Boardwalk” should also be pursued. Additionally,
the Yacht Basin site should be redeveloped in its current configuration without further
subdivision. In order to implement these strategies the following incentives are
available:
Height
In addition to the requirements of the Design Guidelines the following requirements shall
apply in the Marina Residential District between Baymont Street and the Causeway.
• Projects that consolidate a minimum of five acres will be eligible for approval of
height up to 100 feet, subject to meeting the standards of the Community
Development Code, Beach By Design and approval by the Community
Development Board.
• Projects that consolidate a minimum of 2.5 acres will be eligible for approval of
height up to 70 feet, subject to meeting the standards of the Community
Development Board.
• Structures located between the Causeway and Baymont Street exceeding 35
feet in height, shall occupy no more than fifty (50) percent of the property
frontage along the Intra-Coastal Waterway.
Ordinance No. 7721-07
4
In the event that lot consolidation under one owner does not occur, Beach by
Design contemplates the City working with District property owners to issue a request
for proposals to redevelop the District in the consolidated manner identified above. If
this approach does not generate the desired consolidation and redevelopment, Beach
by Design calls for the City to initiate a City Marina DRI in order to facilitate
development of a marina based neighborhood subject to property owner support. If lot
consolidation does not occur within the District, the maximum permitted height of
development east of East Shore will be restricted to two (2) stories above parking and
between Poinsettia and East Shore could extend to four (4) stories above parking.
Yacht Basin Property
• The Yacht Basin property will be redeveloped without further subdivision and
subject to the design guidelines. The property will feature lower building heights
around the perimeter of the property with higher buildings located on the interior
of the site with stepped back design.
• The project will provide streetscape improvements on the Mandalay and
Baymont sides either on the project property or on the existing right-of-way.
These improvements are intended to link pedestrians with the Mandalay and
Bayside Boardwalk areas.
• The project will contribute to Pelican Walk parking garage project on terms to be
determined by the City Commission.
East Shore Vacation
Any vacation of East Shore Drive would be subject to a traffic analysis prior to the
vacation. The City may conduct this evaluation prior to a proposal for street vacation.
Bayside Boardwalk/Pedestrian Linkages
Development utilizing the lot consolidation incentives will dedicate a ten-foot easement
along the Bayside that will link to a pedestrian streetscape improvement along Baymont.
The Yacht Basin redevelopment will provide the streetscape improvement from the
proposed Boardwalk to Mandalay Street along the Baymont frontage. The Bayside
Boardwalk can be either on the landside of the seawall and or a component of marina
development on the waterside on the seawall.
Marina Development
Development utilizing the lot consolidation incentives should include a marina
component, subject to applicable permitting requirements.
Ordinance No. 7721-07
5
C. Marina District
The area to the east of Poinsettia Avenue, north of Causeway Boulevard and south of
the Clearwater Beach Recreation Complex is a mixed-use district occupied by
residential, motel and limited commercial uses in at-grade structures primarily one – two
stories in height. This district is the northern gateway to Clearwater Beach and has a
high profile location along Clearwater Harbor and visibility from Causeway Boulevard.
The parcels of land located on the east side of East Shore Drive have frontage along
Clearwater Harbor and those on the west side also have frontage on Poinsettia Avenue.
Parcels on both sides of East Shore Drive are relatively shallow and the future
redevelopment opportunities are limited by this existing parcelization.
District Vision
The District’s prime location along Clearwater Harbor, its close proximity to the City’s
marina and to the beach make the District a particularly desirable place for tourists and
residents alike. Beach by Design supports the redevelopment of the Marina District into
a pedestrian and boater-friendly destination that includes a mix of hotels, commercial,
restaurant, residential and mixed-use development, as well as a variety of dock facilities
and water related uses.
To assist in creating this destination waterfront neighborhood, the District should
capitalize upon its gateway location. Beach by Design supports the creation of a District
focal point generally located at the intersection of East Shore Drive and Papaya Street
and along Clearwater Harbor. Uses in this location shall be limited to the District’s
preferred uses, which are restaurants, retail, hotels and/or mixed uses. Stand-alone
residential development shall not be permitted in this location. The design of
development in this location should capitalize on this prime waterfront location and
provide public access to the waterfront where Papaya Street terminates at Clearwater
Harbor.
To assist in attracting people to the District, Beach by Design contemplates the
construction of a public boardwalk along Clearwater Harbor from Baymont Street south
to the southern boundary of the District to connect with the City marina’s boardwalk
located under Causeway Boulevard. Additionally, streetscape improvements should be
implemented along Baymont and Papaya Streets to create a pleasant pedestrian
environment and visual connection between Clearwater Harbor and the Gulf of Mexico.
Streetscape elements should also be used to identify public entrances to the boardwalk
at Papaya and Baymont Streets along Clearwater Harbor.
Height Incentives and Required Public Amenities
The Marina District’s location in the heart of the tourist district presents prime
opportunities for tourist-oriented and mixed-use development. Existing parcel sizes and
Ordinance No. 7721-07
6
depths as well as lack of public amenities inhibit the District’s redevelopment and
potential for creating a destination waterfront neighborhood. To realize the District’s
vision, Beach by Design offers development incentives of increased building height in
exchange for redevelopment proposals with larger lot sizes, preferred District uses and
the inclusion of specified public amenities.
Development located on Clearwater Harbor utilizing a height bonus as outlined in the
table below must provide to the City of Clearwater a 15 foot wide boardwalk constructed
within a 20-foot public access easement adjacent to the seawall, either over the water
or on the land as determined by the City. Any non-waterfront parcel using the height
bonus shall contribute financially to the Papaya and Baymont Street streetscape or the
public boardwalk, in a manner determined by the City. The following table shall guide
allowable building height in the Marina District:
Height Bonus Schedule for the Marina District
Land Area with Contribution to the Public
Boardwalk or the Streetscape
Maximum Height
for Residential
Development
Maximum Height for
Preferred Uses -
Mixed Used
Development and
Overnight
Accommodations
< 0.5 acres 30 feet and no
more than 2
stories above
parking
40 feet and no more
than 4 stories above
parking
> 0.5 acres on east side of East Shore
Drive
40 feet 60 feet
> 0.5 acres on both sides of East Shore
Drive
50 feet 70 feet
1 acre on east side of East Shore Drive 50 feet 70 feet
1 acre on both sides of East Shore Drive 60 feet 80 feet
2 acres on east side of East Shore Drive 60 feet 80 feet
2 acres on both sides of East Shore Drive 75 feet 100 feet
Additional Incentives
In addition to the height bonuses, Beach by Design contemplates the vacation of East
Shore Drive to assist in the creation of larger sites to facilitate redevelopment with a
higher quality of architectural and site design. Vacation requests will only be considered
Ordinance No. 7721-07
7
if concerns related to access, traffic circulation, emergency vehicle access, utilities, etc.
could be mitigated to the satisfaction of the City.
The Marina District also supports the maintenance and expansion of dock facilities that
serve existing and new uses, as well as those that serve the broader public. To assist
in the creation of commercial dock facilities, Beach by Design waives any additional on-
site parking that may be required to support such facilities provided on-street parking is
provided adjacent to the upland site.
Beach By Design further contemplates that additional flexibility may be provided
regarding number and location of parking spaces to serve overnight accommodations.
Belle Harbor
The Belle Harbor condominium site was recently redeveloped consistent with the High
Density Residential (HDR) zoning district provisions and no changes are anticipated for
this parcel. In the event conditions change, the HDR District will govern future
redevelopment or improvements to this property.
Site Design Criteria
To ensure that the scale and character of development in the Marina District provides
the desired setting for public enjoyment of the waterfront and promotes pedestrian-
oriented development, the following requirements shall apply to the Marina District.
Should there be any discrepancy between these provisions and Section VII. Design
Guidelines and/or the Community Development Code, these provisions shall govern.
Setbacks
In order to promote a pedestrian-friendly environment, overnight accommodations,
commercial, mixed-use development and townhouses may be permitted a zero foot
front setback. Other forms of residential development shall comply with the setbacks
set forth in the Community Development Code.
Setbacks adjacent to the public boardwalk may incorporate pedestrian–oriented design
features including, but not limited to courtyards, steps, entryways, arcades, plazas and
outdoor seating areas.
To ensure the provision of adequate east-west view corridors between properties,
building side setbacks shall be no less than 25% of the building height or a minimum of
10 feet, whichever is greater. A minimum setback of five feet shall be provided for all
paved surfaces. The public boardwalk shall be exempt from any side setback
requirements, as well as pavement accommodating cross-access drive aisles and
shared parking areas.
Ordinance No. 7721-07
8
Building Design Along the Public Boardwalk
The design of facades fronting Clearwater Harbor is critical in creating the atmosphere
along the public boardwalk. These façades should receive a high level of design
treatment incorporating elements such as changes in plane, architectural details, variety
in color, materials and textures, defined entrances, doors and windows and other
appropriate details based on the architectural style of the building.
Parking Along Clearwater Harbor
Parking garages/areas should be internal to the site/building and screened from
Clearwater Harbor. Such areas shall be architecturally integrated with the design of the
building.
Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines is amended by adding an Appendix which contains the City’s Future
Land Use Plan Map for the area governed by Beach by Design and as shown in the
attached Exhibit A.
Section 4. Beach by Design, as amended, contains specific development
standards and design guidelines for areas of Clearwater Beach that are in addition to
and supplement the Community Development Code; and
Section 5. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same; and
Section 6. It is the intention of the City Council that this ordinance and plan and
every provision thereof, shall be considered severable; and the invalidity of any section
or provision of this ordinance shall not affect the validity of any other provision of this
ordinance and plan; and
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
Ordinance No. 7721-07
9
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
_____________________________ _______________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Ordinance No. 7721-07
1
ORDINANCE NO. 7721-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN
FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY
AMENDING SECTION II. FUTURE LAND USE; REMOVING AND
REPLACING SUBSECTION C. THE “MARINA RESIDENTIAL“ DISTRICT
IN ITS ENTIRETY; PROVIDING A DESCRIPTION AND VISION FOR
THE MARINA DISTRICT; PROVIDING FOR HEIGHT INCENTIVES AND
REQUIRED PUBLIC AMENITIES; PROVIDING ADDITIONAL
INCENTIVES; ADDING CERTAIN PROVISIONS REGARDING BELLE
HARBOR; PROVIDING FOR SITE DESIGN CRITERIA INCLUDING
SETBACKS, BUILDING DESIGN ALONG PUBLIC BOARDWALK, AND
PARKING ALONG CLEARWATER HARBOR; ADDING AN APPENDIX
CONSISTING OF THE CITY’S FUTURE LAND USE MAP FOR THE
AREA GOVERNED BY BEACH BY DESIGN AS EXHIBIT A; PROVIDING
THAT SAID PROVISIONS SUPPLEMENT THE CLEARWATER LAND
DEVELOPMENT CODE; PROVIDING FOR FORWARDING TO REVIEW
AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall; and
WHEREAS, the public infrastructure and private improvements of Clearwater Beach
are a critical part contributing to the economic vitality of the Beach; and
WHEREAS, substantial improvements and upgrades to both the public infrastructure
and private improvements are necessary to improve the tourist appeal and citizen
enjoyment of the Beach; and
WHEREAS, the City of Clearwater desires greater flexibility with regard to location of
uses within the Marina District governed by Beach by Design; and
WHEREAS, Beach by Design does not specifically permit overnight
accommodations in the Marina Residential District and the City of Clearwater desires to
incentivize new overnight accommodation development; and
WHEREAS, the City of Clearwater desires to ensure public access to the Clearwater
Harbor in the Marina District; and
WHEREAS, the City of Clearwater desires to better balance development incentives
with the provisions of public benefits and amenities in the Marina District; and
Ordinance No. 7721-07
2
WHEREAS the Pinellas Planning Council has requested that the City’s Future Land
Use Map be added to Beach by Design; and
WHEREAS, the proposed amendments to Beach by Design have been submitted to
the Community Development Board acting as the Local Planning Authority (LPA) for the
City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly
noticed public hearing and found that amendments to Beach by Design are consistent with
the Clearwater Comprehensive Plan; and
WHEREAS, Beach by Design was originally adopted on February 15, 2001 and
subsequently amended, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, is amended as follows:
II. Future Land Use
The existing pattern of land use is a mix of primarily commercial uses – hotels,
motels, retail shops, restaurants and tourist and/or recreation operations – between
Acacia Street and the Sand Key bridge. The City of Clearwater Future Land Use
Plan Map governs uses, intensities and densities in this area and is incorporated by
reference, as may be amended, and is attached as the Appendix. Functionally, this
area is divisible into a number of distinct character districts which also govern
development:
* * * * * * *
Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection C. The “Marina Residential”
District, is amended as follows:
C. Marina Residential District
The area to the east of Poinsettia and North Mandalay to the north of Baymont is
primarily a residential district with a few motel and restaurant uses. The parcels of land
to the east of East Shore front on Clearwater Bay. However, those parcels are
relatively shallow, limiting the utility of the existing parcelization. Beach by Design
anticipates the redevelopment of the Marina District as a waterfront residential
neighborhood with parcels to the east of Poinsettia consolidated with parcels to the east
of East Shore in favor of land assembly. Four distinct blocks should be created from
Ordinance No. 7721-07
3
this consolidated land between the Causeway and Baymont Street consistent with
existing area street patterns. Pedestrian access should be provided through each block
to the Intracoastal Waterway and terminate at a public boardwalk located along the
shoreline from the Causeway to Mandalay Avenue. Retail and restaurant uses are
appropriate in the north and south block only and residential uses located between.
The Yacht Basin Apartment site, which is located on the north side of Baymont, should
be considered an integral part of this neighborhood. It must be included in any
consolidation effort and is an appropriate site for a marina based hotel and other
residential uses.
If all of this land is consolidated under single ownership and developed according
to the Marina Residential District framework as a unified plan, the City should do the
following: vacate East Shore; create an assessment district to finance the boardwalk
construction; participate in a garage at Pelican Walk; and make available the density
pool for a marina-based hotel meeting the requirements of Beach by Design on the
Yacht Basin Apartment site, including the potential allowance of 150 feet in building
height. All other building heights within this district would be permitted between 2-4
stories above parking.
If the “single” property consolidation described above does not occur,
intermediate strategies should be employed. These strategies should results in
smaller, but significant, lot consolidation in the East Shore area consistent with the
four “distinct blocks” identified previously between the Causeway and Baymont Street.
This area should also value two larger consolidations of approximately five acres each
as an incentive for redevelopment. The goal of marina based development in
conjunction with a public “Bayside Boardwalk” should also be pursued. Additionally,
the Yacht Basin site should be redeveloped in its current configuration without further
subdivision. In order to implement these strategies the following incentives are
available:
Height
In addition to the requirements of the Design Guidelines the following requirements shall
apply in the Marina Residential District between Baymont Street and the Causeway.
• Projects that consolidate a minimum of five acres will be eligible for approval of
height up to 100 feet, subject to meeting the standards of the Community
Development Code, Beach By Design and approval by the Community
Development Board.
• Projects that consolidate a minimum of 2.5 acres will be eligible for approval of
height up to 70 feet, subject to meeting the standards of the Community
Development Board.
• Structures located between the Causeway and Baymont Street exceeding 35
feet in height, shall occupy no more than fifty (50) percent of the property
frontage along the Intra-Coastal Waterway.
Ordinance No. 7721-07
4
In the event that lot consolidation under one owner does not occur, Beach by
Design contemplates the City working with District property owners to issue a request
for proposals to redevelop the District in the consolidated manner identified above. If
this approach does not generate the desired consolidation and redevelopment, Beach
by Design calls for the City to initiate a City Marina DRI in order to facilitate
development of a marina based neighborhood subject to property owner support. If lot
consolidation does not occur within the District, the maximum permitted height of
development east of East Shore will be restricted to two (2) stories above parking and
between Poinsettia and East Shore could extend to four (4) stories above parking.
Yacht Basin Property
• The Yacht Basin property will be redeveloped without further subdivision and
subject to the design guidelines. The property will feature lower building heights
around the perimeter of the property with higher buildings located on the interior
of the site with stepped back design.
• The project will provide streetscape improvements on the Mandalay and
Baymont sides either on the project property or on the existing right-of-way.
These improvements are intended to link pedestrians with the Mandalay and
Bayside Boardwalk areas.
• The project will contribute to Pelican Walk parking garage project on terms to be
determined by the City Commission.
East Shore Vacation
Any vacation of East Shore Drive would be subject to a traffic analysis prior to the
vacation. The City may conduct this evaluation prior to a proposal for street vacation.
Bayside Boardwalk/Pedestrian Linkages
Development utilizing the lot consolidation incentives will dedicate a ten-foot easement
along the Bayside that will link to a pedestrian streetscape improvement along Baymont.
The Yacht Basin redevelopment will provide the streetscape improvement from the
proposed Boardwalk to Mandalay Street along the Baymont frontage. The Bayside
Boardwalk can be either on the landside of the seawall and or a component of marina
development on the waterside on the seawall.
Marina Development
Development utilizing the lot consolidation incentives should include a marina
component, subject to applicable permitting requirements.
Ordinance No. 7721-07
5
C. Marina District
The area to the east of Poinsettia Avenue, north of Causeway Boulevard and south of
the Clearwater Beach Recreation Complex is a mixed-use district occupied by
residential, motel and limited commercial uses in at-grade structures primarily one – two
stories in height. This district is the northern gateway to Clearwater Beach and has a
high profile location along Clearwater Harbor and visibility from Causeway Boulevard.
The parcels of land located on the east side of East Shore Drive have frontage along
Clearwater Harbor and those on the west side also have frontage on Poinsettia Avenue.
Parcels on both sides of East Shore Drive are relatively shallow and the future
redevelopment opportunities are limited by this existing parcelization.
District Vision
The District’s prime location along Clearwater Harbor, its close proximity to the City’s
marina and to the beach make the District a particularly desirable place for tourists and
residents alike. Beach by Design supports the redevelopment of the Marina District into
a pedestrian and boater-friendly destination that includes a mix of hotels, commercial,
restaurant, residential and mixed-use development, as well as a variety of dock facilities
and water related uses.
To assist in creating this destination waterfront neighborhood, the District should
capitalize upon its gateway location. Beach by Design supports the creation of a District
focal point generally located at the intersection of East Shore Drive and Papaya Street
and along Clearwater Harbor. Development located entirely or partially within 200 feet
north and 200 feet south of Papaya Street shall be limited to the District’s preferred
uses, which are restaurants, retail, hotels and/or mixed uses. Stand-alone residential
development shall not be permitted in this location. The design of development in this
location should capitalize on this prime waterfront location and provide public access to
the waterfront where Papaya Street terminates at Clearwater Harbor.
To assist in attracting people to the District, Beach by Design contemplates the
construction of a public boardwalk along Clearwater Harbor from Baymont Street south
to the southern boundary of the District to connect with the City marina’s boardwalk
located under Causeway Boulevard. Additionally, streetscape improvements should be
implemented along Baymont and Papaya Streets to create a pleasant pedestrian
environment and visual connection between Clearwater Harbor and the Gulf of Mexico.
Streetscape elements should also be used to identify public entrances to the boardwalk
at Papaya and Baymont Streets along Clearwater Harbor.
Determinations of whether a project constitutes a mixed-use development will be made
by weighing the following factors: whether the proposed mix of residential and non-
residential uses will further the vision of the District; the percentage of street/waterfront
Ordinance No. 7721-07
6
frontage occupied by one or more uses; percentages of overall project devoted to each
use; and/or portion of one or more floors devoted to a mixture of uses.
Height Incentives and Required Public Amenities
The Marina District’s location in the heart of the tourist district presents prime
opportunities for tourist-oriented and mixed-use development. Existing parcel sizes and
depths as well as lack of public amenities inhibit the District’s redevelopment and
potential for creating a destination waterfront neighborhood. To realize the District’s
vision, Beach by Design offers development incentives of increased building height in
exchange for redevelopment proposals with larger lot sizes, preferred District uses and
the inclusion of specified public amenities. Projects not contributing to a public
amenity shall be limited to two stories above parking if located on the east side of East
Shore Drive and four stories above parking on the west side of East Shore Drive.
Development located on Clearwater Harbor utilizing a height bonus as outlined in the
table below must provide to the City of Clearwater a 15 foot wide boardwalk constructed
within a 20-foot public access easement adjacent to the seawall, either over the water
or on the land as determined by the City. Any non-waterfront parcel using the height
bonus shall contribute financially to the Papaya and Baymont Street streetscape or the
public boardwalk, in a manner determined by the City. The following table shall guide
allowable building height in the Marina District:
Height Bonus Schedule for the Marina District
Land Area with Contribution to the Public
Boardwalk or the Streetscape
Maximum Height
for Residential
Development
Maximum Height for
Preferred Uses -
Mixed Used
Development and
Overnight
Accommodations
> 0.5 acres on one side of East Shore
Drive
40 feet 60 feet
> 0.5 acres on both sides of East Shore
Drive
50 feet 70 feet
1 acre on one side of East Shore Drive 50 feet 70 feet
1 acre on both sides of East Shore Drive 60 feet 80 feet
2 acres on one side of East Shore Drive 60 feet 80 feet
2 acres on both sides of East Shore Drive 75 feet 100 feet*
* Additional height may be granted pursuant to the transfer of development provisions only
for overnight accommodations with 50 or more units and up to a maximum height of 130 feet.
Ordinance No. 7721-07
7
Additional Incentives
In addition to the height bonuses, Beach by Design contemplates the vacation of East
Shore Drive to assist in the creation of larger sites to facilitate redevelopment with a
higher quality of architectural and site design. Vacation requests will only be considered
if concerns related to access, traffic circulation, emergency vehicle access, utilities, etc.
could be mitigated to the satisfaction of the City.
The Marina District also supports the maintenance and expansion of dock facilities that
serve existing and new uses, as well as those that serve the broader public. To assist
in the creation of commercial dock facilities, Beach by Design waives any additional on-
site parking that may be required to support such facilities provided on-street parking is
provided adjacent to the upland site.
Beach By Design further contemplates that additional flexibility may be provided
regarding number and location of parking spaces to serve overnight accommodations.
Belle Harbor
The Belle Harbor condominium site was recently redeveloped consistent with the High
Density Residential (HDR) zoning district provisions and no changes are anticipated for
this parcel. In the event conditions change, the HDR District will govern future
redevelopment or improvements to this property.
Site Design Criteria
To ensure that the scale and character of development in the Marina District provides
the desired setting for public enjoyment of the waterfront and promotes pedestrian-
oriented development, the following requirements shall apply to the Marina District.
Should there be any discrepancy between these provisions and Section VII. Design
Guidelines and/or the Community Development Code, these provisions shall govern.
Setbacks
In order to promote a pedestrian-friendly environment, overnight accommodations,
commercial, mixed-use development and townhouses may be permitted a zero foot
front setback. Other forms of residential development shall comply with the setbacks
set forth in the Community Development Code.
Setbacks adjacent to the public boardwalk may incorporate pedestrian–oriented design
features including, but not limited to courtyards, steps, entryways, arcades, plazas and
outdoor seating areas.
Ordinance No. 7721-07
8
To ensure the provision of adequate east-west view corridors between properties,
building side setbacks shall be no less than 25% of the building height or a minimum of
10 feet, whichever is greater. A minimum setback of five feet shall be provided for all
paved surfaces. The public boardwalk, pavement accommodating cross-access drive
aisles and shared parking areas shall be exempt from any side setback requirements.
Building Design Along the Public Boardwalk
The design of facades fronting Clearwater Harbor is critical in creating the atmosphere
along the public boardwalk. These façades should receive a high level of design
treatment incorporating elements such as changes in plane, architectural details, variety
in color, materials and textures, defined entrances, doors and windows and other
appropriate details based on the architectural style of the building.
Parking Along Clearwater Harbor
Parking garages/areas should be internal to the site/building and screened from
Clearwater Harbor. Such areas shall be architecturally integrated with the design of the
building.
Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines is amended by adding an Appendix which contains the City’s Future
Land Use Plan Map for the area governed by Beach by Design and as shown in the
attached Exhibit A.
Section 4. Beach by Design, as amended, contains specific development
standards and design guidelines for areas of Clearwater Beach that are in addition to
and supplement the Community Development Code; and
Section 5. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same; and
Section 6. It is the intention of the City Council that this ordinance and plan and
every provision thereof, shall be considered severable; and the invalidity of any section
or provision of this ordinance shall not affect the validity of any other provision of this
ordinance and plan; and
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Ordinance No. 7721-07
9
Mayor
Approved as to form: Attest:
_____________________________ _______________________
Leslie Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City
Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low
Medium Density Residential (LMDR) District for 1761 Audrey Drive (Lot 40, Pinellas Terrace Subdivision in Section 05, Township 29
South and Range 16 East); and Pass Ordinances 7755-07, 7756-07 and 7757-07 on first reading.
SUMMARY:
This annexation involves a 0.189-acre property consisting of one parcel, located on the east side of Audrey Drive, approximately 840
feet north of SR 590 and 260 feet south of North Terrace Drive. The property is located within an enclave and is not contiguous to
existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 with regard to
voluntary annexation. The applicant is requesting this annexation in order to receive solid waste service from the City. It is proposed
that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium
Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following
standards specified in the Community Development Code: · The proposed annexation will not have an adverse impact on public
facilities and their level of service. · The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code. · The proposed annexation is located within an enclave and its annexation will reduce such
enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas
County Ordinance 00-63, Section 7(1-3), and no objections have been raised.
Please refer to the staff report (ANX2006-09035) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on December 19, 2006 and
unanimously recommended approval.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Staff Report - Community Development Board –December 19, 2006 – Case ANX2006-09035 Page 1
CDB Meeting Date: December 19, 2006
Case Number: ANX2006-09035
Owner/Applicant: Knight, Ronald A. & Lynne M.
Location: 1761 Audrey Drive
Agenda Item: F-4
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST: (a) Annexation of 0.189-acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single Family Residential
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE: 8,190 square feet or 0.189 acres
(78 feet wide by 105 feet deep)
PROPERTY USE:
Current Use: Single-family Residential
Proposed Use: Single-family Residential
PLAN CATEGORY:
Current Category: Residential Low (RL ) (County)
Proposed Category: Residential Low (RL ) (City)
ZONING DISTRICT:
Current District: R-3, Single-family Residential (County)
Proposed District: Low Medium Density Residential (City)
SURROUNDING USES: North: Single-family Residence
South: Single-family Residence
East: Single-family Residence
West: Single-family Residence
Attachment number 1
Page 1 of 5
Staff Report - Community Development Board –December 19, 2006 – Case ANX2006-09035 Page 2
ANALYSIS
This annexation involves a 0.189-acre property consisting of one parcel, located on the east side
of Audrey Drive, approximately 840 feet north of SR 590 and 260 feet south of North Terrace
Drive. The property is located within an enclave and is not contiguous to existing City
boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements
with regard to voluntary annexation. The applicant is requesting this annexation in order to
receive solid waste service from the City. It is proposed that the property be assigned a Future
Land Use Plan designation of Residential Low (RL)
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from Pinellas County, and the property is currently on
septic. Sanitary sewer service is not currently available in this area.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County’s
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District III and service will be administered through the
district headquarters located at 2851 N. McMullen Booth Road. There are currently
56 patrol officers and seven patrol sergeants assigned to this district. Community policing service
will be provided through the City’s zone system and officers in the field. The Police Department
has stated that it will be able to serve this property and the proposed annexation will not
adversely affect police service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #49 located at
565 Sky Harbor Drive. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on public facilities and their
levels of service.
Attachment number 1
Page 2 of 5
Staff Report - Community Development Board –December 19, 2006 – Case ANX2006-09035 Page 3
II. CONSISTENCY WITH CITY’S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Low (RL). It is the purpose of the RL category to depict those
areas of the County that are now developed, or appropriate to be developed, in an urban low
density residential manner; and to recognize such areas as primarily well-suited for residential
uses that are consistent with the low density, non-intensive qualities and natural resource
characteristics of such areas. Residential is the primary use in this plan category up to a
maximum of five (5) dwelling units per acre. Secondary uses include Residential Equivalent;
Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective – Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is contiguous to existing city boundaries and is within the
City’s urban service area and will be located in the RL category. The proposed annexation is
consistent the City’s Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Section 2-202 & 4-604.F.5.]
Recommended Findings of Fact
The site is currently R-3, Single Family Residential, in Pinellas County. The applicant proposes
to rezone the property to the Low Medium Density Residential (LMDR) District. Under the
current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot
area of 5,000 square feet are required. The subject site is 78 feet wide and 8,190 square feet in
lot area.
Recommended Conclusions of Law
The subject property exceeds the City’s minimum LMDR dimensional requirements and is
therefore consistent with the Community Development Code.
Attachment number 1
Page 3 of 5
Staff Report - Community Development Board –December 19, 2006 – Case ANX2006-09035 Page 4
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the use and density of the property is consistent with the current designation.
V. CONSISTENCY WITH PINELLAS COUNTY ORDINANCE NO. 00-63:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined that it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63 Section 6 (1)(b) provides for the voluntary annexation of
property that is located within and reduces an enclave on the effective date of the ordinance. The
subject site is located within an enclave, is noncontiguous to city boundaries and reduces the
enclave.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave and its annexation will reduce
such enclave; therefore, the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS
The proposed annexation can be served by City of Clearwater services, including solid waste,
police, fire and emergency medical services without any adverse effect on the service level. The
proposed annexation is consistent with both the City’s Comprehensive Plan and is consistent
with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Attachment number 1
Page 4 of 5
Staff Report - Community Development Board –December 19, 2006 – Case ANX2006-09035 Page 5
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 0.189 acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning
classification pursuant to the City’s Community Development Code.
Prepared by Planning Department Staff:
Catherine W. Porter, AICP
Long Range Planning Manager
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation Map
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Department\C D B\Annexations\ ANX - 2006\ANX - 200609035\ ANX2006 -09035 StaffReport.doc
Attachment number 1
Page 5 of 5
PROJECT
SITE
-Not A Survey-
-Not to Sca
le-
Location Map
Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035
Site: 1761 Audrey Drive Property Size
(Acres):
0.189
Land Use Zoning
PIN: 05-29-16-71424-000-0400
From :
To:
Residential Low R-3
Residential Low LMDR Atlas Page: 264A
Attachment number 2
Page 1 of 8
EVANS DR
EVANS DR
OWEN
DR
OWEN
DR
AU
DR
EY DR
AUD
REY DR
MORNINGSIDE DR MORNINGSIDE DR
CARDINAL DR
CARDINAL DR
N TERRACE DR N TERRACE DR
TERRACE DR TERRACE DR
-Not A Survey-
-Not to Sca
le-
Aerial Photograph
Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035
Site: 1761 Audrey Drive Property Size
(Acres):
0.189
Land Use Zoning
PIN: 05-29-16-71424-000-0400
From :
To:
Residential Low R-3
Residential Low LMDR Atlas Page: 264A
Attachment number 2
Page 2 of 8
50 50 50 60
60
50
50 50
60
66
66
AA
7 6 6
3
12
13
14
15 161718192021 22 23 24 25 26 27
8 9 8 9
7
8 9
10 7
8 9
10
8 9
1 2 3
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 1 23456 7
8
9
10
11
12
13
14
15
16
17
18
1926
27
28
29
30
31
32
33
34
35
3637
38
39
40
41
42
43
44
45
46
4754
55
56
57
58
59
60
61
62
63
6465
66
67
68
69
70
71
72
73
74
75
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 1141516
4
5
6
7
8
9
10
11
12
13
14
1516
17
18
19
20
21
22
23
24
25
26
27
1737
1758
1762
1770
1734
1742
1738
1750
1718
1722
1718
1730
1748
1736
1742
1719
1713
1761
1751
1767
1743
1745
1737
2684
1766
1772
1760
1719
1725
1749
1743
1773
1749
1721
1733
1725
1729
1749
1741
1745
1758
1752
1740
1736
2715
2659
2643
2649
2654
1716
1712
1718
1744
1728
1756
1764
1761
1767
1719
1733
1737
1725
1718
1730
1760
1766
1778
2689
2683
1801 1800
1754
1800
1779
1772
1771
1750
1717
2650
2700
1785
1731
1742
1775
2720
2711
2671
1779
1730
2723
1771
1749
1721
2637
2707
2725
1715
1755
2672
2665
2701
1804
2710
2672
1754
1724
1800
1713
1778
1717
1773
1724
1727
1726
EVANS DR
OWEN DR
AU
DR
EY DR
MORNINGSIDE DR
CARDINAL DR
N TERRACE DR
TERRACE DR
1754
1774
1766
1746
1712
1731
1715
1737
1761
1767
1746
1732
1728
1720
1724
1716
1807
2719
1724
1740
1732
1736
1752
1713
1743
1712
2724
180618061807
1800
1725
2654
2731
1807
1736
2660
2718
2631
2678
2710
1753
1768
1760
2666
1778
2677
2714
2625
1712
2648
-Not A Survey-
-Not to Sca
le-
Proposed Annexation Map
Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035
Site: 1761 Audrey Drive Property Size
(Acres):
0.189
Land Use Zoning
PIN: 05-29-16-71424-000-0400
From :
To:
Residential Low R-3
Residential Low LMDR Atlas Page: 264A
Attachment number 2
Page 3 of 8
50 50 60
60
50
50 50
60
66
66
66
AA
7 6 6
3
3
13
14
15 161718192021 22 23 24 25 2627 1 2 3 4
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 1 23456 7
8
9
10
11
12
13
14
15
16
17
18
19
2025
26
27
28
29
30
31
32
33
34
35
3637
38
39
40
41
42
43
44
45
46
47
4853
54
55
56
57
58
59
60
61
62
63
6465
66
67
68
69
70
71
72
73
74
75
76
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 13141516
3
4
5
6
7
8
9
10
11
12
13
14
1516
17
18
19
20
21
22
23
24
25
26
27
281
RL
RL
RL
RL
RL
RU
CL
RL
RL
RL
RU
R/O/R
CL
RL
RL
R/O/R
RU
P
P
1737
1754
1758
1774
1762
1770
1746
1734
1742
1738
1750
1722
1718
1712
1706
1730
1748
1736
1742
1707
1719
1713
1731
1761
1751
1767
1745
1737
2684
1766
1772
1760
1719
1715
1725
1749
1743
1773
1749
1721
1733
1725
1729
1749
1741
1745
1758
1752
1740
1746
1732
1736
1724
1716
1704
1708
2719
2659
2643
2649
2654
1716
1712
1718
1724
1744
1728
1732
1756
1752
1764
1761
1767
1707
1719
1733
1737
1725
1713
1743
1718
1706
1712
1730
1760
1766
1778
2724
2689
2683
1754
1725
1779
1772
2731
1771
1750
1785
1736
1731
1742
2631
27
11
2671
1779
1753
27
23
1708
1749
2637
2707
2725
1755
1707
2672
2665
1760
2701
1718
1754
1724
1778
1713
1778
1717
1773
1709
1724
1712
2648
EVA
N
S
DR
OW
EN DR
LUCAS DR
AUDREY DR
MORNINGSIDE DR
CARDINAL DR
N TERRACE DR
TERRACE DR
1766
1718
1743
1737
1761
1767
1728
1720
2715
1740
1736
1800
2654
2660
1775
27182678
1730
2710
1771
1768
2666
1727
2644
2677
2714
2625
1726
-Not A Survey-
-Not to Sca
le-
Future Land Use Map
Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035
Site: 1761 Audrey Drive Property Size
(Acres):
0.189
Land Use Zoning
PIN: 05-29-16-71424-000-0400
From :
To:
Residential Low R-3
Residential Low LMDR Atlas Page: 264A
Attachment number 2
Page 4 of 8
50 50 50 60
60
50
50 50
60
66
66
AA
7 6 6
3
12
13
14
15 161718192021 22 23 24 25 26 27
8 9 8 9
7
8 9
10 7
8 9
10
8 9
1 2 3
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 1 23456 7
8
9
10
11
12
13
14
15
16
17
18
1926
27
28
29
30
31
32
33
34
35
3637
38
39
40
41
42
43
44
45
46
4754
55
56
57
58
59
60
61
62
63
6465
66
67
68
69
70
71
72
73
74
75
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 1141516
4
5
6
7
8
9
10
11
12
13
14
1516
17
18
19
20
21
22
23
24
25
26
27
C
LMDR
LMDR
1737
1758
1774
1762
1770
1746
1734
1742
1738
1750
1718
1722
1718
1730
1748
1736
1742
1719
1713
1731
1767
1743
1745
1737
2684
1766
1772
1760
1719
1715
1725
1737
1749
1743
1773
1749
1721
1733
1725
1729
1749
1741
1745
1758
1752
1740
1746
1732
1736
1724
1716
1807
2719
2715
2659
2643
2649
2654
1716
1712
1718
1724
1744
1728
1732
1756
1752
1764
1761
1767
1719
1733
1737
1725
1713
1743
1718
1730
1760
1766
1778
2689
2683
1806
1801 1800
1800
1754
1800
1725
1779
1772
1771
1750
1717
2650
2700
1785
1736
1731
1742
1775
2631
2720
2711
2671
1779
1730
1753
2723
1771
1749
1721
2637
2707
2725
1715
1755
2672
2665
1760
2701
1804
2710
2672
1754
1724
1778
1800
1713
1778
1717
1773
1724
1727
1712
1726
2648
EVANS DR
OWEN DR
AU
DR
EY DR
MORNINGSIDE DR
CARDINAL DR
N TERRACE DR
TERRACE DR
1754
1766
1712
1761
1751
1761
1767
1728
1720
1740
1736
1712
2724
18061807
2654
2731
1807
2660
27182678
2710
1768
2666
2677
2714
2625
-Not A Survey-
-Not to Sca
le-
Zoning Map
Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035
Site: 1761 Audrey Drive Property Size
(Acres):
0.189
Land Use Zoning
PIN: 05-29-16-71424-000-0400
From :
To:
Residential Low R-3
Residential Low LMDR Atlas Page: 264A
Attachment number 2
Page 5 of 8
50 50 50 60
60
50
50 50
60
66
66
AA
7 6 6
3
12
13
14
15 161718192021 22 23 24 25 26 27
8 9 8 9
7
8 9
10 7
8 9
10
8 9
1 2 3
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 1 23456 7
8
9
10
11
12
13
14
15
16
17
18
1926
27
28455673
29
30
31
32
33
34
35
3637
38
39
40
41
42
43
44
46
4754
55
57
58
59
60
61
62
63
6465
66
67
68
69
70
71
72
74
75
4
5
6
7
8
9
10
11
12
13
15
16
17
18 1141516
4
5
6
7
8
9
10
11
12
13
1516
18
19
20
21
22
23
24
25
26
27
14 1417
1737
1758
1762
1770
1734
1742
1738
1750
1718
1722
1718
1748
1736
1742
1719
1713
1761
1751
1767
1743
1745
1737
2684
1766
1772
1760
1719
1725
1749
1743
1773
1749
1721
1733
1725
1729
1749
1741
1745
1758
1752
1740
1736
2659
2643
2649
2654
1716
1712
1718
1744
1728
1756
1764
1761
1767
1719
1733
1737
1725
1718
1760
1766
1778
2689
2683
1801 1800
1754
1800
1779
1772
1771
1750
1717
2650
2700
1785
1742
1775
2720
2711
2671
1779
1730
2723
1771
1749
1721
2637
2707
2725
1715
1755
2672
2665
2701
1804
2710
2672
1754
1724
1800
1713
1778
1717
773
1724
1727
1726
EVANS DR
OWEN DR
AU
DR
EY DR
MORNINGSIDE DR
CARDINAL DR
N TERRACE DR
TERRACE DR
1754
1774
1766
1746
1730
1730
1731
2715
1
1712
1731
1715
1737
1761
1767
1746
173
1807
2719
1724
1740
1732
1736
1752
1713
1743
1712
180718061807
1800
1725
2654
1806
2
1728
1720
1724
1716
2724
2731
1736
2660
2718
2631
2678
2710
753
1768
1760
2666
1778
2677
2714
2625
171
1
2
2648
-Not A Survey-
-Not to Sca
le-
Single Family Residential
Single Family Residential
Single Family Residential
Existing Surrounding Land Use Map
Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035
Property Size
(Acres):
Site: 1761 Audrey Drive 0.189
Land Use Zoning
PIN: 05-29-16-71424-000-0400
From : Residential Low R-3
To: Residential Low LMDR Atlas Page: 264A
Attachment number 2
Page 6 of 8
1. 1761 Audrey Drive 2. 1761 Audrey Drive
3. Facing west from 1761 Audrey Drive 4. Street View North from 1761 Audrey Drive
5. Street View South from 1761 Audrey Drive
ANX2006-09035
1761 Audrey Drive
Ronald A. & Lynne M.
Knight
Attachment number 2
Page 7 of 8
ANX2006-09035
1761 Audrey Drive
Ronald A. & Lynne M. Knight
Attachment number 2
Page 8 of 8
Ordinance No. 7755-07
ORDINANCE NO. 7755-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 840 FEET NORTH OF STATE ROAD 590 AND
260 FEET SOUTH OF NORTH TERRACE DRIVE CONSISTING
OF LOT 40, PINELLAS TERRACE SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1761 AUDREY 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 owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 40, Pinellas Terrace Subdivision, according to map or plat thereof as recorded
in Plat Book 49, Page 52, Public Records of Pinellas County, FL (ANX2006-09035)
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 Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 1 of 1
Ordinance No. 7756-07
ORDINANCE NO. 7756-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED APPROXIMATELY 840 FEET
NORTH OF STATE ROAD 590 AND 260 FEET SOUTH OF
NORTH TERRACE DRIVE CONSISTING OF LOT 40,
PINELLAS TERRACE SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1761 AUDREY DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 40, Pinellas Terrace Subdivision, according Residential Low
to map or plat thereof as recorded in Plat Book 49,
Page 52, Public Records of Pinellas County,
FL (ANX2006-09035)
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. 7755-07.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 4
Page 1 of 1
Ordinance No. 7757-07
ORDINANCE NO. 7757-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 840 FEET NORTH OF STATE ROAD
590 AND 260 FEET SOUTH OF NORTH TERRACE DRIVE
CONSISTING OF LOT 40, PINELLAS TERRACE
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1761
AUDREY DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 40, Pinellas Terrace Subdivision, according to Low Medium Density
map or plat thereof as recorded in Plat Book 49, Residential
Page 52, Public Records of Pinellas County, FL (LMDR)
(ANX2006-09035)
Lot 40, Pinellas Terrace Subdivision, according to map or plat thereof as
recorded in Plat Book 49, Page 52, Public Records of Pinellas County, FL
(ANX2006-09035)
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. 7755-07.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 5
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City
Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low
Medium Density Residential (LMDR) District for 1416 Regal Road (Lot 5, Solar Crest Subdivision in Section 23, Township 29 South
and Range 15 East); and Pass Ordinances 7758-07, 7759-07 and 7760-07 on first reading.
SUMMARY:
This annexation involves a 0.187-acre property consisting of one parcel, located on the north side of Regal Road, approximately 320
feet east of Sunny Park Road and 554 feet west of Braund Street. The property is contiguous with the existing City boundaries to the
south; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 with regard to voluntary annexation. The
applicant is requesting this annexation in order to receive solid waste service from the City. It is proposed that the property be assigned
a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the following standards specified in the
Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of
service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community
Development Code. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the city
boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff
in accordance with the provisions of Pinellas County Ordinance 00-63, Section 7(1-3), and no objections have been raised. Please refer
to the staff report (ANX2006-09036) for the complete staff analysis. The Community Development Board reviewed this proposed
annexation at its regularly scheduled meeting on December 19, 2006 and unanimously recommended approval.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
PROJECT
SITE
Location Map
Owner Rose Quattrocchi Case: ANX2006-09036
Site: 1416 Regal Road Property Size
(Acres):
0.187
Land Use Zoning
PIN: 23-29-15-83880-000-0050
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 315A
Attachment number 1
Page 1 of 7
ROSE ST ROSE ST
NURSERY RD NURSERY RD
REGAL RD REGAL RD
SUN
N
Y PA
RK
RD
SUN
N
Y
PA
RK
RD
BRAUND ST
BRAUND ST
EUNICE LN
EUNICE LN
S HILLCREST AVE S HILLCREST AVE
Aerial Photograph
Owner Rose Quattrocchi Case: ANX2006-09036
Site: 1416 Regal Road Property Size
(Acres):
0.187
Land Use Zoning
PIN: 23-29-15-83880-000-0050
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 315A
Attachment number 1
Page 2 of 7
H
Y
X
W
12
3
8
9 10
12
3
5 6
7
1
2
3
20
21
22 23
8
9
10
11
12
4
33/01 33/02
5.6
A
B
3
4
5
6
7 8
9
10
11
12
1 2 3 4
5 6
7 8 9 10 11 12
131415161718192021222324
3
4
5
36 35 34 33 32 31 30 29 28 27 26 25
13 14 15 16 17
18 19
20 21 22 23 24
12 11 10 9 8 7 6 5 4 3 2 1
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
18 17 16 15 14 13 12 11 10 9
8
7 6 5 4 3
1447
14
0
9
14
1
3
14
1
7
14
2
1
14
2
5
14
2
9
14
3
3
14
3
5
14
4
1
14
4
5
14
4
9
14
5
7
14
5
6
14
5
2
14
4
8
14
4
6
14
4
2
14
3
8
14
3
4
14
2
8
14
2
4
14
2
0
14
1
6
14
1
2
14
0
6
14
0
0
14
4
9
14
4
3
14
3
7
14
3
3
14
2
9
14
2
5
14
1
9
14
0
1
14
1
1
14
1
7
14
0
7
1508
1500
14
4
8
14
4
2
14
3
6
14
3
0
14
2
8
14
2
4
14
2
0
14
1
6
14
1
0
14
0
4
14
0
0
14
5
3
14
4
9
14
4
3
14
3
7
14
3
3
14
2
9
14
2
5
14
2
1
14
1
5
14
1
1
14
0
1
14
2
8
14
3
6
14
2
4
14
0
3
14
0
5
14
0
9
14
5
1
14
4
7
14
3
7
14
2
9
14
2
5
14
1
5
1474
1580
1 5 7 1
1 5 3 0
1461
14
0
0
1
3
9
5
1542
1587
1 4 6 6
1
3
8
9
1
5
7
0
1
3
8
8
1509
1575
1548
1
3
9
6
1513
1525
1 5 6 9
1587
1 5 7 7
1500
1404
1536
1 5 8 3
1521
1505
1470
1519
ROSE ST
NURSERY RD
REGAL RD
BRAUND ST
SUNNY P
ARK RD
EUNICE LN
S HILLCREST AVE
1463
1460
1422
1446
1440
1432
1416
1441
1433
1419
1
3
8
8
1529
1399
1 5 7 1
1414
1579 1478
1
3
8
9
1
3
9
1
1583
1588
1
3
8
4
1572
1506
1472
1576
1 5 4 1
1582
1448
1591
1533
1592
1410
1584
Proposed Annexation Map
Owner Rose Quattrocchi Case: ANX2006-09036
Site: 1416 Regal Road Property Size
(Acres):
0.187
Land Use Zoning
PIN: 23-29-15-83880-000-0050
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 315A
Attachment number 1
Page 3 of 7
Y
X
12
9 10
12
6
7
1
2
3
22 23
9
10
11
4
33/01 33/02
5.6
A
B
4
5
6
7 8
9
10
11
1 2 3 4
5 6
7 8 9 10 11 12
131415161718192021222324
3
4
7
36 35 34 33 32 31 30 29 28 27 26 25
13 14 15 16 17
18 19
20 21 22 23 24
12 11 10 9 8 7 6 5 4 3 2 1
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
18 17 16 15 14 13 12 11 10 9
8
7 6 5 4 3 2
I
RL
RL
RL
RL
RU
R/OG
RU
RL
RU
RL RL
RU
RU
RL
RU
RU
1447 14
0
5
14
0
9
14
1
3
14
1
7
14
2
1
14
2
5
14
2
9
14
3
3
14
3
5
14
4
1
14
4
5
14
5
7
14
6
3
14
6
0
14
5
6
14
5
2
14
4
8
14
4
6
14
4
2
14
3
8
14
3
4
14
2
8
14
2
4
14
2
0
14
1
6
14
1
2
14
0
6
14
4
9
14
4
3
14
3
7
14
3
3
14
2
9
14
2
5
14
1
9
14
0
1
14
1
1
14
1
7
14
0
7
1508
1500
14
4
8
14
4
2
14
3
6
14
3
0
14
2
8
14
2
4
14
2
0
14
1
6
14
1
0
14
0
4
14
5
3
14
4
9
14
4
3
14
3
7
14
3
3
14
2
9
14
2
5
14
2
1
14
1
5
14
1
1
14
4
6
14
4
0
14
3
2
14
2
8
14
3
6
14
2
4
14
0
5
14
0
9
14
5
1
14
4
7
14
1
5
1399
1414
1474
1580
1461
1400
1542
1587
1
5
7
0
1
3
8
8
1509
1472
1471
1548
1
3
9
6
1513
1525
1 5 6 9
1582
1483
1448
1404
1536
1 5 8 3
1410
1505
1470
1519
ROSE ST
NURSERY RD
REGAL RD
SEABREEZE ST
SUNNY PARK RD
BRAUND ST
EUNICE LN
S HILLCREST AVE
1449
1465
1464
1422
1400
1400
1401
1416
1403
1441
1437
1433
1429
1425
1419
1529
1461
14
1 5 7 1
144
145
145
144
1579
14
1478
1
3
9
1
1414
1583
146
14
1588
1
1
3
8
9
1
3
8
4
1572
1506
14
15751576
1413
1 5 4 1
1533
1500
13
1521
145
Future Land Use Map
Owner Rose Quattrocchi Case: ANX2006-09036
Site: 1416 Regal Road Property Size
(Acres):
0.187
Land Use Zoning
PIN: 23-29-15-83880-000-0050
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 315A
RL
Attachment number 1
Page 4 of 7
Y
X
12
9 10
12
6
7
1
2
3
22 23
9
10
11
4
33/01 33/02
5.6
A
B
4
5
6
7 8
9
10
11
1 2 3 4
5 6
7 8 9 10 11 12
131415161718192021222324
3
4
7
36 35 34 33 32 31 30 29 28 27 26 25
13 14 15 16 17
18 19
20 21 22 23 24
12 11 10 9 8 7 6 5 4 3 2 1
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
18 17 16 15 14 13 12 11 10 9
8
7 6 5 4 3 2
LMDR
LM
D
R
LM
D
R
LMDR
LMDR I
O
C
LMDR
1447 14
0
5
14
0
9
14
1
3
14
1
7
14
2
1
14
2
5
14
2
9
14
3
3
14
3
5
14
4
1
14
4
5
14
4
9
14
5
7
14
6
3
14
6
0
14
5
6
14
5
2
14
4
8
14
4
6
14
4
2
14
3
8
14
3
4
14
2
8
14
2
4
14
2
0
14
1
6
14
1
2
14
0
6
14
0
0
14
4
9
14
4
3
14
3
7
14
3
3
14
2
9
14
2
5
14
1
9
14
0
1
14
1
1
14
1
7
14
0
7
1508
1500
14
4
8
14
4
2
14
3
6
14
3
0
14
2
8
14
2
4
14
2
0
14
1
6
14
1
0
14
0
4
14
0
0
14
5
3
14
4
9
14
4
3
14
3
7
14
3
3
14
2
9
14
2
5
14
2
1
14
1
5
14
1
1
14
0
1
14
4
6
14
4
0
14
3
2
14
2
8
14
3
6
14
2
4
14
0
3
14
0
5
14
0
9
14
5
1
14
4
7
14
3
7
14
2
9
14
1
5
1399
1414
1474
1461
1400
1542
1587
1
3
8
9
1
5
7
0
1
3
8
8
1509
1472
1471
1575
1548
1
3
9
6
1513
1525
1 5 6 9
1582
1483
1448
1500
1404
1536
1 5 8 3
1410
1521
1505
1470
1519
ROSE ST
NURSERY RD
REGAL RD
SEABREEZE ST
SUNNY P
ARK RD
BRAUND ST
EUNICE LN
S HILLCREST AVE
1465
1464
1422
1416
1441
1433
1425
1419
1529
1461
14
1 5 7 1
144
145
145
1580
144
1579
14
1478
1
3
9
1
1414
1583
146
14
1588
1
1
3
8
4
1572
1506
14
1576
1413
1 5 4 1
1533
13
145
Zoning Map
Owner Rose Quattrocchi Case: ANX2006-09036
Site: 1416 Regal Road Property Size
(Acres):
0.187
Land Use Zoning
PIN: 23-29-15-83880-000-0050
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 315A
LMDR
Attachment number 1
Page 5 of 7
H
Y
X
W
12
3
8
9 10
12
3
5 6
7
1
2
3
20
21
22 23
8
9
10
11
12
4
33/01 33/02
5.6
A
B
3
4
5
6
7 8
9
10
11
12
1 2 3 4
5 6
7 8 9 10 11 12
131415161718192021222324
3
4
5
36 35 34 33 32 31 30 29 28 27 26 25
13 14 15 16 17
18 19
20 21 22 23 24
12 11 10 98 7 6 5 4 3 2 1
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
18 17 16 15 14 13 12 11 10 9
8
7 6 5 4 3
1447
14
0
9
14
1
3
14
1
7
14
2
1
14
2
5
14
2
9
14
3
3
14
3
5
14
4
1
14
4
5
14
4
9
14
5
7
14
5
6
14
5
2
14
4
8
14
4
6
14
4
2
14
3
8
14
3
4
14
2
8
14
2
4
14
2
0
14
1
6
14
1
2
14
0
6
14
0
0
14
4
9
14
4
3
14
3
7
14
3
3
14
2
9
14
2
5
14
1
9
14
0
1
14
1
1
14
1
7
14
0
7
1508
1500
14
4
8
14
4
2
14
3
14141414141414
0
4
14
0
0
14
5
3
14
4
9
14
4
3
14
3
7
14
3
3
14
2
9
14
2
5
14
2
1
14
1
5
14
1
1
14
0
1
14
2
8
14
3
6
14
2
4
14
0
3
14
0
5
14
0
9
14
5
1
14
4
7
1414
2
9
14
2
5
14
1
5
1474
1580
1 5 7 1
1 5 3 0
1461
14
0
0
1
3
9
5
1542
1587
1 4 6 6
1
3
8
9
1
5
7
0
1
3
8
8
1509
1575
1548
1
3
9
6
1513
1525
1 5 6 9
1587
1 5 7 7
1500
1404
1536
1 5 8 3
1521
1505
1470
1519
ROSE ST
NURSERY RD
REGAL RD
BRAUND ST
SUNNY PARK RD
EUNICE LN
S HILLCREST AVE
1463
1460
1422
1446
1440
1432
1416
144
143
1419
1
3
8
8
1529
139
6302824201610
37 13
9
1 5 7 1
1414
1579 1478
1
3
8
9
1
3
9
1
1583
1588
1
3
8
4
1572
1506
1472
1576
1 5 4 1
1582
1448
1591
1533
1592
1410
1584
Existing Land Uses Map
Owner Rose Quattrocchi Case: ANX2006-09036
Site: 1416 Regal Road Property Size
(Acres):
0.187
Land Use Zoning
PIN: 23-29-15-83880-000-0050
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 315A
Church
Single-Family Residences
Single-Family Residences
Attachment number 1
Page 6 of 7
1. 1416 Regal Road 2. Facing east from 1416 Regal Road
3. Facing south from 1416 Regal Road 4. Facing west from 1416 Regal Road
ANX2006-09036
1416 Regal Road
Rose Quattrocchi
Attachment number 1
Page 7 of 7
Staff Report - Community Development Board – December 19, 2006 – Case ANX2006-09036 Page 1
CDB Meeting Date: December 19, 2006
Case Number: ANX2006-09036
Owner/Applicant: Rose Quattrocchi
Location: 1416 Regal Road
Agenda Item:
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.187-acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE: 8,160 square feet, or 0.187 acres
(80 feet wide by 102 feet deep)
PROPERTY USE:
Current Use: Single-family dwelling
Proposed Use: Single-family dwelling
PLAN CATEGORY:
Current Category: Residential Low (RL) (County)
Proposed Category: Residential Low (RL) (City)
ZONING DISTRICT:
Current District: R-3, Single-Family Residential (County)
Proposed District: Low Medium Density Residential (LMDR) (City)
Attachment number 2
Page 1 of 5
Staff Report - Community Development Board – December 19, 2006 – Case ANX2006-09036 Page 2
SURROUNDING USES: North: Single-family residence
South: Single-family residence
East: Single-family residence
West: Single-family residence
ANALYSIS
This annexation involves a 0.187-acre property consisting of one parcel, located on the north side
of Regal Road, approximately 320 feet east of Sunny Park Road. The property is contiguous
with the existing City boundaries to the south; therefore, the proposed annexation is consistent
with Florida Statutes with regard to voluntary annexation. The applicant is requesting this
annexation in order to receive solid waste service from the City. It is proposed that the property
be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category
of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from the City of Clearwater; the property is currently on
septic. Sanitary sewer is not currently available in this area.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County’s
Resource Recovery Plant, and capacity is available to serve the property.
Police
The property is located within Police District II and service will be administered through the
district headquarters located at 645 Pierce Street. There are currently 65 patrol officers and nine
patrol sergeants assigned to this district. Community policing service will be provided through
the City’s zone system and officers in the field. The Police Department has stated that it will be
able to serve this property, and the proposed annexation will not adversely affect police service
and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #47 located at
1460 Lakeview Road. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service or response time.
Attachment number 2
Page 2 of 5
Staff Report - Community Development Board – December 19, 2006 – Case ANX2006-09036 Page 3
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on public facilities and their
levels of service.
II. CONSISTENCY WITH CITY’S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Low (RL). It is the purpose of the RL category to depict those
areas of the County that are now developed, or appropriate to be developed, in a low density
residential manner; and to recognize such areas as primarily well-suited for residential uses that
are consistent with the low density, non-intensive qualities and natural resource characteristics of
such areas. Residential is the primary use in this plan category up to a maximum of five (5)
dwelling units per acre. Secondary uses include Residential Equivalent; Institutional;
Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with, and promotes, the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective – Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is contiguous to existing city boundaries and within the
City’s urban service area and will be located in the RL category. The proposed annexation is
consistent the City’s Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-201.1. & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned R-3, Single Family Residential District in Pinellas County. The
applicant proposes to rezone the property to the Low Medium Density Residential (LMDR)
District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet
and a minimum lot area of 5,000 square feet are required. The subject site is 80 feet wide and
8,160 square feet in lot area.
Attachment number 2
Page 3 of 5
Staff Report - Community Development Board – December 19, 2006 – Case ANX2006-09036 Page 4
Recommended Conclusions of Law
The subject property exceeds the City’s minimum LMDR dimensional requirements, and is
therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation, and the use and density of the property is consistent with the current designation.
V. CONSISTENCY WITH PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both
contiguous to the existing municipal boundaries and compact. This site is contiguous with the
existing City boundaries to the south, and represents a logical and appropriate extension of the
existing boundaries. The compactness standard requires that the annexation not create an
enclave or a serpentine pattern of municipal boundaries.
Recommended Conclusions of Law
The property proposed for annexation is contiguous to the City boundaries, and is compact in its
concentration; therefore the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
Attachment number 2
Page 4 of 5
Staff Report - Community Development Board – December 19, 2006 – Case ANX2006-09036 Page 5
SUMMARY AND RECOMMENDATIONS
The proposed annexation can be served by City of Clearwater services, including solid waste,
police, fire and emergency medical services without any adverse effect on the service level. The
proposed annexation is consistent with both the City’s Comprehensive Plan and is consistent
with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 0.187-acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning
classification pursuant to the City’s Community Development Code.
Prepared by Planning Department Staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Department\C D B\Annexations\ANX - 2006\ANX2006-09036 - 1416 Regal Road -
Quattrocci\ANX2006-09036 Staff_Report.doc
Attachment number 2
Page 5 of 5
Ordinance No. 7758-07
ORDINANCE NO. 7758-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED APPROXIMATELY 320 FEET EAST OF SUNNY
PARK ROAD AND 554 FEET WEST OF BRAUND STREET,
CONSISTING OF LOT 5, SOLAR CREST, WHOSE POST
OFFICE ADDRESS IS 1416 REGAL ROAD, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 5, Solar Crest, as recorded in Plat Book 36, Page 72, Public Records of
Pinellas County, Florida. (ANX2006-09036)
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 Director are directed to
include and show the property described herein upon the official maps and records of the
City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 1 of 1
Ordinance No. 7759-07
ORDINANCE NO. 7759-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED APPROXIMATELY 320 FEET
EAST OF SUNNY PARK ROAD AND 554 FEET WEST OF
BRAUND STREET, CONSISTING OF LOT 5, SOLAR
CREST, WHOSE POST OFFICE ADDRESS IS 1416
REGAL ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 5, Solar Crest, as recorded in Plat Book 36, Residential Low
Page 72, Public Records of Pinellas County,
Florida. (ANX2006-09036)
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. 7758-07.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 4
Page 1 of 1
Ordinance No. 7760-07
ORDINANCE NO. 7760-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 320 FEET EAST OF SUNNY PARK
ROAD AND 554 FEET WEST OF BRAUND STREET,
CONSISTING OF LOT 5, SOLAR CREST, WHOSE POST
OFFICE ADDRESS IS 1416 REGAL ROAD, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 5, Solar Crest, as recorded in Plat Book 36, Low Medium Density
Page 72, Public Records of Pinellas County, Florida. Residential (LMDR)
(ANX2006-09036)
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. 7758-07.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 5
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City
Residential Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low
Medium Density Residential (LMDR) District for 1236 Claire Drive (Lot 2, Block A, Stevenson’s Heights Subdivision in Section 10,
Township 29 South and Range 15 East); and Pass Ordinance 7761-07, 7762-07 and 7763-07 on first reading.
SUMMARY:
This annexation involves a 0.157-acre property consisting of one parcel, located on the north side of Claire Drive, approximately 120
feet west of North Betty Lane and 70 feet east of Stockton Drive. The property is contiguous with the existing City boundaries to the
north; therefore, the proposed annexation is consistent with Pinellas County Ordinance 00-63 with regard to voluntary annexation. The
applicant is requesting this annexation in order to receive solid waste service from the City. It is proposed that the property be assigned
a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the following standards specified in the
Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their level of service
.
The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development
Code.
The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the city boundaries and
does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas
County Ordinance 00-63, Section 7(1-3), and no objections have been raised.
Please refer to the staff report (ANX2006-09037) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on December 19, 2006 and
unanimously recommended approval.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
PROJECT
SITE
-Not A Survey-
-Not to Scale-
Location Map
Owner James L. Waters Case: ANX2006-09037
Site: 1236 Claire Drive Property
Size (Acres): 0.157
Land Use Zoning
PIN: 10-29-15-85446-001-0020
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 269B
Attachment number 1
Page 1 of 7
BETTY LN
BETTY LN
CLAIRE DR CLAIRE DR
O
V
E
R
B
R
O
O
K A
V
E
O
V
E
R
B
R
O
O
K
A
V
E
STOCKTON DR
STOCKTON DR
FAIRMONT ST FAIRMONT ST
PARKW OOD ST PARKWOOD ST
-Not A Survey-
-Not to Scale-
Aerial Photograph
Owner James L. Waters Case: ANX2006-09037
Site: 1236 Claire Drive Property
Size (Acres): 0.157
Land Use Zoning
PIN: 10-29-15-85446-001-0020
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 269B
Attachment number 1
Page 2 of 7
30
6
66
80
25
18 17 16
1 2 3
43/042
50
50
60
30
6
0
C
9 8 7
10 11 12
9 8 7
8
9
10
2
1 1 16
2 15
3 14
6 5 4 3 2
1
A C
12
2
1
12
4
0
1232
1700
1720
1620
1608
1707
1
2
2
4
1240
1 7 0 1
1612
1619
1307
1220
1310
1301
1235
1625
1305
1308
1309
1305
1 7 1 1
1616
1304
1304
1228
1309
1300
1224
1615
1239
1231
1700 1/2
BETTY LN
CLAIRE DR
O
V
E
R
B
R
O
O
K A
V
E
STOCKTON DR
FAIRMONT ST
PARKW OOD ST
12
1
7
1305
1232
1 7 17
1703
1
2
1236
-Not A Survey-
-Not to Scale-
Proposed Annexation Map
Owner James L. Waters Case: ANX2006-09037
Site: 1236 Claire Drive Property
Size (Acres): 0.157
Land Use Zoning
PIN: 10-29-15-85446-001-0020
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 269B
Attachment number 1
Page 3 of 7
30
6
66
80
25
18 17 16
1 2 3
43/042
50
50
60
30
6
0
C
9 8 7
10 11 12
9 8 7
8
9
10
2
1 1 16
2 15
3 14
6 5 4 3 2 1
A C
CG
RLRL
RL
RU
RU
CG
RL
RL RU
12
2
1
12
4
0
1232
1700
1720
1620
1608
1707
1
2
2
4
1240
1 7 0 1
1612
1232
1619
1307
1220
1310
1235
1625
1305
1308
1309
1305
17 1 1
1616
1304
1304
1228
1300
1224
1239
1231
1700 1/2
BETTY LN
CLAIRE DR
O
V
E
R
B
R
O
O
K A
V
E
STOCKTON DR
FAIRMONT ST
PARKW OOD ST
12
1
7
1305
1717
1703
1301
1
2
1236
1309
1615
-Not A Survey-
-Not to Scale-
Future Land Use Map
Owner James L. Waters Case: ANX2006-09037
Site: 1236 Claire Drive Property
Size (Acres): 0.157
Land Use Zoning
PIN: 10-29-15-85446-001-0020
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 269B
RL
Attachment number 1
Page 4 of 7
30
6
66
80
25
18 17 16
1 2 3
43/042
50
50
60
30
6
0
C
9 8 7
10 11 12
9 8 7
8
9
10
2
1 1 16
2 15
3 14
6 5 4 3 2 1
A C
C
LMDR
12
2
1
12
4
0
1232
1700
1720
1620
1608
1707
1
2
2
4
1240
1 7 0 1
1612
1232
1619
1307
1220
1310
1301
1235
1625
1305
1308
1309
1305
17 1 1
1616
1304
1304
1228
1309
1300
1224
1615
1239
1231
1700 1/2
BETTY LN
CLAIRE DR
O
V
E
R
B
R
O
O
K A
V
E
STOCKTON DR
PARKW OOD ST
LMDR
12
1
7
1305
1717
1703
1
2
1236
-Not A Survey-
-Not to Scale-
Zoning Map
Owner James L. Waters Case: ANX2006-09037
Site: 1236 Claire Drive Property
Size (Acres): 0.157
Land Use Zoning
PIN: 10-29-15-85446-001-0020
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 269B
LM
D
R
Attachment number 1
Page 5 of 7
30
6
66
80
25
18 17 16
1 2 3
43/042
50
50
60
30
6
0
C
9 8 7
10 11 12
9 8 7
8
9
10
2
1 1 16
2 15
3 14
2 1
A C
6 5 4 3
12
2
1
12
4
0
1232
1700
1720
1620
1608
1707
2
2
4
1240
1 7 0 1
1612
1619
1307
1
1310
1301
1235
1625
1305
1308
1309
1305
1 7 1 1
1616
1304
1304
1
1309
1300
1
1615
1239
1231
1700 1/2
BETTY LN
CLAIRE DR
O
V
E
R
B
R
O
O
K A
V
E
STOCKTON DR
FAIRMONT ST
PARKW OOD ST
1
220
228
224
12
1
7
1305
1
1 7 1
232
7
1703
1
2
1236
-Not A Survey-
-Not to Scale-
Existing Surrounding Uses Map
Owner James L. Waters Case: ANX2006-09037
Site: 1236 Claire Drive Property
Size (Acres): 0.157
Land Use Zoning
PIN: 10-29-15-85446-001-0020
From :
To:
RL (County) R-3 (County)
RL (City) LMDR (City) Atlas Page: 269B
Fire Station
Single-family Residential Single-family Residential
Single-family Residential
Attachment number 1
Page 6 of 7
1. 1236 Claire Drive 2. Facing west from 1236 Claire Drive
3. Facing east from 1236 Claire Drive 4. Facing south from 1236 Claire Drive
5. 1236 Claire Drive
ANX2006-09037
1236 Claire Drive
James L. Waters
Attachment number 1
Page 7 of 7
Staff Report - Community Development Board –December 19, 2006 – Case ANX2006-09037 Page 1
CDB Meeting Date: December 19, 2006
Case Number: ANX2006-09037
Owner/Applicant: James L. Waters
Location: 1236 Claire Drive
Agenda Item:
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.157-acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE: 6,825 square feet or 0.156 acres
(65 feet wide by 105 feet deep)
PROPERTY USE:
Current Use: Single-family dwelling
Proposed Use: Single-family dwelling
PLAN CATEGORY:
Current Category: Residential Low (RL) (County)
Proposed Category: Residential Low (RL) (City)
ZONING DISTRICT:
Current District: R-3, Single-Family Residential (County)
Proposed District: Low Medium Density Residential (LMDR) (City)
Attachment number 2
Page 1 of 5
Staff Report - Community Development Board – December 19, 2006 – Case ANX2006-09037 Page 2
SURROUNDING USES: North: Fire Station
South: Single-family residence
East: Single-family residence
West: Single-family residence
ANALYSIS
This annexation involves a 0.157-acre property consisting of one parcel, located on the north side
of Claire Drive, approximately 120 feet west of North Betty Lane and 70 feet east of Stockton
Drive. The property is contiguous with the existing City boundaries to the north; therefore, the
proposed annexation is consistent with Pinellas County Ordinance #00-63 with regard to
voluntary annexation. The applicant is requesting this annexation in order to receive solid waste
service from the City. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Low (RL) and a zoning category of Low Medium Density Residential
(LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from the City of Clearwater. The property is currently on
City of Clearwater sanitary sewer.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County’s
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District II and service will be administered through the
district headquarters located at 645 Pierce Street. There are currently 65 patrol officers and nine
patrol sergeants assigned to this district. Community policing service will be provided through
the City’s zone system and officers in the field. The Police Department has stated that it will be
able to serve this property and the proposed annexation will not adversely affect police service
and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #51 located at
1720 Overbrook Avenue. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Attachment number 2
Page 2 of 5
Staff Report - Community Development Board – December 19, 2006 – Case ANX2006-09037 Page 3
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on public facilities and their
levels of service.
II. CONSISTENCY WITH CITY’S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Low (RL). It is the purpose of the RL category to depict those
areas of the County that are now developed, or appropriate to be developed, in a low density
residential manner; and to recognize such areas as primarily well-suited for residential uses that
are consistent with the low density, non-intensive qualities and natural resource characteristics of
such areas. Residential is the primary use in this plan category up to a maximum of five (5)
dwelling units per acre. Secondary uses include Residential Equivalent; Institutional;
Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective – Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is contiguous to existing city boundaries and within the
City’s urban service area and will be located in the RL category. The proposed annexation is
consistent the City’s Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-201.1 & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned R-3, Single Family Residential District in Pinellas County. The
applicant proposes to rezone the property to the Low Medium Density Residential (LMDR)
District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet
and a minimum lot area of 5,000 square feet are required. The subject site is 65 feet wide and
6,825 square feet in lot area.
Attachment number 2
Page 3 of 5
Staff Report - Community Development Board – December 19, 2006 – Case ANX2006-09037 Page 4
Recommended Conclusions of Law
The subject property exceeds the City’s minimum LMDR dimensional requirements and is
therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the use and density of the property is consistent with the current designation.
V. CONSISTENCY WITH PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both
contiguous to the existing municipal boundaries and compact. This site is contiguous with the
existing City boundaries to the north and represents a logical and appropriate extension of the
existing boundaries. The compactness standard requires that the annexation not create an
enclave or a serpentine pattern of municipal boundaries.
Recommended Conclusions of Law
The annexation of this property is consistent with this standard and no new enclave will be
created. In summary, the annexation of this property is consistent with Florida law.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
Attachment number 2
Page 4 of 5
Staff Report - Community Development Board – December 19, 2006 – Case ANX2006-09037 Page 5
SUMMARY AND RECOMMENDATIONS
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The proposed annexation is consistent with both the City’s Comprehensive Plan and is
consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 0.157-acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning
classification pursuant to the City’s Community Development Code.
Prepared by Planning Department Staff:
Cky Ready, Planner II
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Department\C D B\Annexations\ANX - 2006\ANX2006-09037 - 1236 Claire Drive - Waters\ANX2006-
09037 Staff_Report.doc
Attachment number 2
Page 5 of 5
Ordinance No. 7761-07
ORDINANCE NO. 7761-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 120 FEET WEST OF NORTH BETTY LANE
AND 70 FEET EAST OF STOCKTON DRIVE, CONSISTING OF
LOT 2, BLOCK A, STEVENSON’S HEIGHTS, WHOSE POST
OFFICE ADDRESS IS 1236 CLAIRE 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 owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 2, Block A, Stevenson’s Heights, according to the plat thereof, as recorded in
Plat Book 34, Page 13, Public Records of Pinellas County, Florida
(ANX2006-09037)
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 Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 1 of 1
Ordinance No. 7762-07
ORDINANCE NO. 7762-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED APPROXIMATELY 120 FEET
WEST OF NORTH BETTY LANE AND 70 FEET EAST OF
STOCKTON DRIVE, CONSISTING OF LOT 2, BLOCK A,
STEVENSON’S HEIGHTS, WHOSE POST OFFICE
ADDRESS IS 1236 CLAIRE DRIVE,, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL
LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
Lot 2, Block A, Stevenson’s Heights, according Residential Low
to the plat thereof, as recorded in Plat Book 34,
Page 13, Public Records of Pinellas County, Florida
(ANX2006-09037)
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. 7761-07.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 4
Page 1 of 1
Ordinance No. 7763-07
ORDINANCE NO. 7763-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY
APPROXIMATELY 120 FEET WEST OF NORTH BETTY
LANE AND 70 FEET EAST OF STOCKTON DRIVE,
CONSISTING OF LOT 2, BLOCK A, STEVENSON’S
HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1236
CLAIRE DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 2, Block A, Stevenson’s Heights, according Low Medium Density
to the plat thereof, as recorded in Plat Book 34, Residential
Page 13, Public Records of Pinellas County, Florida (LMDR)
(ANX2006-09037)
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. 7761-07.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 5
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City
Residential Low (RL) Category and Zoning Atlas Amendment from the County AE, Agricultural Estate Residential District to the City
Low Medium Density Residential (LMDR) District for 1891 CR 193 (Consisting of a portion of Section 5, Township 29 South, Range
16 East in Metes and Bounds 41/02); and Pass Ordinance 7772-07, 7773-07 and 7774-07on first reading.
SUMMARY:
This annexation involves a 2.283-acre property consisting of one parcel, which is located approximately 500 feet south of the
intersection of Sunset Point Road and CR 193. The property is located within an enclave and is contiguous to existing City boundaries;
therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is
requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The subject property is occupied by
a UPARC group residential home. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low
(RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the following standards specified in the
Community Development Code:
The proposed annexation will not have an adverse impact on public facilities and their level of service.
The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community
Development Code.
The subject site is located within an enclave, is contiguous to city boundaries and reduces the enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas
County Ordinance 00-63, Section 7(1-3), and no objections have been raised.
Please refer to the staff report (ANX2006-10038) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on December 19, 2006 and
unanimously recommended approval.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Staff Report - Community Development Board –December 19, 2006 – Case ANX2006-10038 Page 1
CDB Meeting Date: December 19, 2006
Case Number: ANX2006-10038
Owner/Applicant: Upper Pinellas Association for Retarded Citizens, Inc.
Location: 1891 CR 193
Agenda Item: F3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 2.283 acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from AE, Agricultural Estate Residential
District (County) to Low Medium Density Residential
(LMDR) District (City of Clearwater).
SITE INFORMATION
PROPERTY SIZE: 99,447 square feet or 2.283 acres
(155 feet wide by 640 feet deep, approximately)
PROPERTY USE:
Current Use: UPARC Group residential home
Proposed Use: UPARC Group residential home (no change)
PLAN CATEGORY:
Current Category: Residential Low (RL) (County)
Proposed Category: Residential Low (RL) (City)
ZONING DISTRICT:
Current District: AE, Agricultural Estate Residential (County)
Proposed District: Low Medium Density Residential (LMDR) (City)
Attachment number 1
Page 1 of 5
Staff Report - Community Development Board –December 19, 2006 – Case ANX2006-10038 Page 2
SURROUNDING USES: North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Institutional
ANALYSIS
The subject property is located on the east side of CR 193, approximately 500 feet south of the
intersection of Sunset Point Road and CR 193. The property is located within an enclave and is
contiguous to existing City boundaries; therefore, the proposed annexation is consistent with
Pinellas County requirements with regard to voluntary annexation. The applicant is requesting
this annexation in order to receive sanitary sewer and solid waste service from the City. The
subject site is approximately 2.283 acres in area and is occupied by a single family detached
dwelling. It is proposed that the property be assigned a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from the City of Clearwater. A sanitary sewer manhole is
located within the north side of this property. There is no sewer account with the City of
Clearwater, to date. The applicant is aware of the required sewer impact and assessment fees.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County’s
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District III and service will be administered through the
district station located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers
and seven patrol sergeants assigned to this district. Community policing service will be
provided through the City’s zone system and officers in the field. The Police Department has
stated that it will be able to serve this property and the proposed annexation will not adversely
affect police service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station # 49 located at
565 Sky Harbor Drive. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Attachment number 1
Page 2 of 5
Staff Report - Community Development Board –December 19, 2006 – Case ANX2006-10038 Page 3
Recommended Conclusions of Law
The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire
and EMS service. The proposed annexation will not have an adverse effect on public facilities
and their levels of service.
II. CONSISTENCY WITH CITY’S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Low (RL). “It is the purpose of the RL category to depict those
areas of the County that are now developed, or appropriate to be developed, in a low density
residential manner; and to recognize such areas as primarily well-suited for residential uses that
are consistent with the low density, non-intensive qualities and natural resource characteristics of
such areas.” Residential is the primary use in this plan category up to a maximum of five (5)
dwelling units per acre. Secondary uses include Residential Equivalent; Institutional;
Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective – Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave within the City’s urban service
area and will be located in the RL category. The proposed annexation is consistent the City’s
Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-201.1. & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned AE, Agricultural Estate Residential District and is occupied by a
detached dwelling in Pinellas County. The applicant proposes to rezone the property to the Low
Medium Density Residential (LMDR) District. Under the current LMDR zoning district
provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are
required. The subject site is 155 feet wide and approximately 99,447 square feet in lot area.
The existing residential structure meets the minimum setback requirements for minimum
standard development within the Low Medium Density Residential District.
Attachment number 1
Page 3 of 5
Staff Report - Community Development Board –December 19, 2006 – Case ANX2006-10038 Page 4
Recommended Conclusions of Law
The subject property is occupied by a residential group home and exceeds the City’s minimum
LMDR lot size, width, and setback requirements. The group home has six residents total. The
LMDR Zoning District permits up to six residents in a group home. It is therefore consistent with
the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the proposed use and density of the property is consistent with the current
designation.
V. CONSISTENCY WITH PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined that it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(1)(b) provides for the voluntary annexation of property
that is located within and reduces an enclave on the effective date of the ordinance. The subject
site is located within an enclave, is contiguous to city boundaries and reduces the enclave.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave and its annexation will reduce
such enclave; therefore, the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
Attachment number 1
Page 4 of 5
Staff Report - Community Development Board –December 19, 2006 – Case ANX2006-10038 Page 5
SUMMARY AND RECOMMENDATIONS
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The proposed annexation is consistent with both the City’s Comprehensive Plan and is
consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 2.283 acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning
classification pursuant to the City’s Community Development Code.
Prepared by Planning Department Staff:
Michael H. Reynolds, AICP, Planner III
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Department\C D B\Annexations\ANX - 2006\ANX2006-10038 - 1891 CR 193 - UPARC\ANX2006-
10038 Staff_Report.doc
Attachment number 1
Page 5 of 5
PROJECT
SITE
-Not A Survey-
-Not to Sca
le-
Location Map
Owner Upper Pinellas Association for Retarded Citizens,
Inc. Case: ANX2006-10038
Site: 1891 CR 193 Property Size
(Acres):
2.283
Land Use Zoning
PIN: 05-29-16-00000-410-0200
From :
To:
RL (County) A-E(County)
RL City) LMDR (City) Atlas Page: 264B
Attachment number 2
Page 1 of 7
CR193
CR 193
C
R 19
3
SU NSET POINT RD SUNSET POINT RD
SUNRISE DR SUNRISE DR
-Not A Survey-
-Not to Scale-
Aerial Map
Owner Upper Pinellas Association for Retarded Citizens,
Inc. Case: ANX2006-10038
Site: 1891 CR 193 Property Size
(Acres):
2.283
Land Use Zoning
PIN: 05-29-16-00000-410-0200
From :
To:
RL (County) A-E(County)
RL City) LMDR (City) Atlas Page: 264B
Attachment number 2
Page 2 of 7
70.3
57.1
100
100(S)
1 2 3 45 6
7891011121314
13/05 13/06
14/15
1.11
1.01
1
14/13
14/10
6.22
14/19
1.01
14/15214/151
14/153
60
6
0
30
60
60
1
2
7
8
111
12
13
14
15
16
17
41/04
2.61
41/03
41/02
2.28
4.6 A C
A C(C)
A C(C)
A C(C)
A C(C)
A C(C)
C(C)
CASTLE WOODS DR
C.R. 193
SUNRISE DR
SUNSET POINT RD
29
1
5
29
3
4
29
4
7
1850
1868
1862
1856
1885
2965
1851
1881
2949
1887
2975
2942
2929
1880
2910
2891
1875
1857
2948
1869
2965
2930
2930
2885
1874
2946
2939
2933
2927
2921
2903
2928
2922
2916
2910
2904
2909
1886
2951
2950
1891
2944
-Not A Survey-
-Not to Sca
le-
Proposed Annexation Map
Owner Upper Pinellas Association for Retarded Citizens,
Inc. Case: ANX2006-10038
Site: 1891 CR 193 Property Size
(Acres):
2.283
Land Use Zoning
PIN: 05-29-16-00000-410-0200
From :
To:
RL (County) A-E(County)
RL City) LMDR (City) Atlas Page: 264B
Attachment number 2
Page 3 of 7
70.3
57.1
100
100(S)
1 2 3 45 6
7891011121314
13/05 13/06
14/15
1.11
1.01
1
14/13
14/10
6.22
14/19
1.01
14/15214/151
14/153
60
6
0
30
60
60
1
2
7
8
111
12
13
14
15
16
17
41/04
2.61
41/03
41/02
2.28
4.6 A C
A C(C)
A C(C)
A C(C)
A C(C)
A C(C)
C(C)
CASTLE WOODS DR
C.R. 193
RL
SUNRISE DR
SUNSET POINT RD
I RL
I
I
RS
RS
RL RL
RS
RS
RL
29
1
5
29
1
0
29
0
9
29
4
7
1850
1868
1862
1856
1885
2965
1881
2949
1887
2942
2929
1880
2910
2891
1875
2950
1857
2948
2965
2930
2930
2885
1874
2946
2939
2933
2927
2921
2903
2928
2922
2916
2904
2934
1851
2975
1886
2951
1869
1891
2944
-Not A Survey-
-Not to Sca
le-
Future Land Use Map
Owner Upper Pinellas Association for Retarded Citizens,
Inc. Case: ANX2006-10038
Site: 1891 CR 193 Property Size
(Acres):
2.283
Land Use Zoning
PIN: 05-29-16-00000-410-0200
From :
To:
RL (County) A-E(County)
RL City) LMDR (City) Atlas Page: 264B
Attachment number 2
Page 4 of 7
70.3
57.1
100
100(S)
1 2 3 45 6
7891011121314
13/05 13/06
14/15
1.11
1.01
1
14/13
14/10
6.22
14/19
1.01
14/15214/151
14/153
60
6
0
30
60
60
1
2
7
8
111
12
13
14
15
16
17
41/04
2.61
41/03
41/02
2.28
4.6 A C
A C(C)
A C(C)
A C(C)
A C(C)
A C(C)
C(C)
CASTLE WOODS DR
C.R. 193
LMDR
SUNRISE DR
SUNSET POINT RD
I
LMDR
LDR
29
1
5
29
1
0
29
3
4
29
0
9
29
4
7
1850
1868
1862
1856
1885
2965
1851
1881
2949
1887
2975
2942
2929
1880
2910
2891
1875
2950
1857
2948
1869
2965
2930
2930
2885
1874
2939
2933
2927
2921
2903
2928
2922
2916
2904
1886
2951
1891
2944
2946
-Not A Survey-
-Not to Sca
le-
Zoning Map
Owner Upper Pinellas Association for Retarded Citizens,
Inc. Case: ANX2006-10038
Site: 1891 CR 193 Property Size
(Acres):
2.283
Land Use Zoning
PIN: 05-29-16-00000-410-0200
From :
To:
RL (County) A-E(County)
RL City) LMDR (City) Atlas Page: 264B
Attachment number 2
Page 5 of 7
70.3
57.1
100
100(S)
1 2 3 45 6
7891011121314
13/05 13/06
14/15
1.11
1.01
1
14/13
14/10
6.22
14/19
1.01
14/15214/151
14/153
60
6
0
30
60
60
1
2
7
8
111
12
13
14
15
16
17
41/04
41/02
2.28
4.6 A C
A C(C)
A C(C)
A C(C)
A C(C)
C(C)
CASTLE WOODS DR
2.61 A C(C)
41/03
C.R. 193
SUNRISE DR
SUNSET POINT RD
29
1
5
29
4
7
1850
1868
1862
1856
1885
2965
1851
1
2949
1887
2975
2942
2929
2910
2891
1857
2948
1869
2965
2930
2930
2885
2946
2939
2933
2927
2921
2903
2928
2922
2916
2910
2904
2909
1886
2951
2950
1891
2944
29
3
4
1881880
18751874
-Not A Survey-
-Not to Sca
le-
Vacant
Institutional Institutional
Single-family
residential
Single-family
residential
Institutional
Existing Land Use Map
Upper Pinellas Association for Retarded Citizens,
Inc. Owner Case: ANX2006-10038
Property Size
(Acres):
Site: 1891 CR 193 2.283
Land Use Zoning
PIN: 05-29-16-00000-410-0200
From : RL (County) A-E(County)
To: RL City) LMDR (City) Atlas Page: 264B
Attachment number 2
Page 6 of 7
Views looking east (above two rows)
ANX2006-10038
Upper Pinellas Association for Retarded Citizens, Inc.
1891 CR 193
View looking north View looking southeast
Attachment number 2
Page 7 of 7
Ordinance No. 7772-07
ORDINANCE NO. 7772-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 400 FEET SOUTH OF THE INTERSECTION
OF SUNSET POINT ROAD AND CR 193, CONSISTING OF A
PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16
EAST IN METES AND BOUNDS 41/02, WHOSE POST OFFICE
ADDRESS IS 1891 CR 193, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See legal description attached hereto. (ANX2006-10038)
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 Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
________________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 1 of 1
Ordinance No. 7773-07
ORDINANCE NO. 7773-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED APPROXIMATELY 400 FEET
SOUTH OF THE INTERSECTION OF SUNSET POINT
ROAD AND CR 193, CONSISTING OF A PORTION OF
SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST IN
METES AND BOUNDS 41/02, WHOSE POST OFFICE
ADDRESS IS 1891 CR 193, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS RESIDENTIAL LOW;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Category
See legal description attached hereto. Residential Low
(ANX2006-10038)
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. 7772-07.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 4
Page 1 of 1
Ordinance No. 7774-07
ORDINANCE NO. 7774-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 400 FEET SOUTH OF THE
INTERSECTION OF SUNSET POINT ROAD AND CR 193,
CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP
29 SOUTH, RANGE 16 EAST IN METES AND BOUNDS
41/02, WHOSE POST OFFICE ADDRESS IS 1891 CR 193,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
See legal description attached hereto. Low Medium Density Residential
(ANX2006-10038) (LMDR)
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. 7772-07.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 5
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve the Development Agreement between Triangle Old Bay Holdings, LLC, (the property owner) and the City of Clearwater and
adopt Resolution 07-02. (DVA2006-00001)
SUMMARY:
The subject property is 5.18 acres (including 0.2 acres located within the Preservation (P) Future Land Use Plan category that does not
generate density). It is generally located on the west side of North Fort Harrison Avenue and bounded by Jones Street to the south,
Georgia Street to the north and Clearwater Harbor to the west. On November 21, 2006, the Community Development Board approved
a Flexible Development application (FLD2006-05030) for the construction of a mixed-use development consisting of 358 attached
dwellings (84.43 units/acre) and 13,235 square feet of non-residential floor area (0.5 F.A.R.). The development proposal includes the
use of 109 attached dwellings and 13,235 square feet of non-residential floor area from the Public Amenities Incentive Pool of the
Clearwater Downtown Redevelopment Plan in exchange for the provision of 358 dwelling units (including those requested from the
Pool) within the Downtown Plan area, and substantial contributions to the Master Streetscaping and Wayfinding Plan along North Fort
Harrison Avenue, North Osceola Avenue, Jones Street and Georgia Street as well as the their intersections (valued at approximately
$3.24 million). Further, the development proposal itself is a mixed-use project that will further the Plan’s major redevelopment goals
and character district vision, which is also an eligible amenity from which to enable the use of the Pool. The proposed Development
Agreement sets forth public/private obligations. The City recognizes the economic and aesthetic benefits that will result from private
development. The Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main
provisions: The property shall be developed in three (3) phases as set forth in Exhibits “D-1”, “D-2” and “D-3”. The first phase of the
development will commit the entire 5.18 acres of the subject property and includes the construction of 116 dwelling units and draws one
(1) dwelling unit from the Public Amenities Incentive Pool. The second phase includes the construction of 109 dwelling units and draws
one (1) dwelling unit from the Public Amenities Incentive Pool. The third phase includes the construction of 133 dwelling units and
13,235 square feet of non-residential floor area of which 109 dwelling units and the entirety of the non-residential floor area will be
drawn from the Public Amenities Incentive Pool [ref.: Sections 6.1.3.1 and 6.1.3.4]; The building height to the highest point of the
finished flat roof surface of the three (3) Island View condominium towers shall not exceed 180 feet above the mean site
elevation. Building height to the top of parapet of the two (2) buildings comprising Harrison Village shall not exceed 48 feet above the
mean site elevation for the Harrison Village site [ref.: Section 6.1.3.2]; The parties acknowledge that it is conceivable that the Project
will not proceed to full completion of all phases. Accordingly, the Developer agrees that the 2.0 acre parcel of land described on Exhibit
“H” shall be dedicated to support the entitlements which comprise Phase 1, and shall remain encumbered by the provisions of this
Development Agreement notwithstanding the amendment of the site plan for the balance of the property [ref.: Section 6.1.3.5]; No
certificate of occupancy shall be issued for any phase until the streetscaping associated with that phase has been substantially completed
as set forth in the Exhibits “E”, “E-1”, “E-2” and “E-3” [ref.: Section 6.1.3.6]; The City shall consider the vacation of North Osceola
Avenue and the vacation of three drainage and utility easements and one ingress/egress easement as described in the related vacation
request (Ordinance 7769-07). The existing right-of-way shall be closed only upon completion by the developer of the conditional
requirements of the above referenced ordinance vacating said right-of-way. These conditions include deeding property to the City for
the new 50 foot right-of-way for Osceola Avenue, the completion of a temporary road (parallel to North Fort Harrison Avenue) for use
by emergency vehicles, and submission to the City a financial guarantee that all required construction and improvements to the
relocated North Osceola Avenue (including relocation of utilities) will be made within two (2) years of the effective date of the vacation
ordinance [ref.: Sections 6.1.3.7 and 6.2.2]; Prior to the issuance of the first building permit for the subject property, the development
shall record a deed restriction encumbering the property, which deed restriction shall be approved as to form by the City Attorney and
which will generally describe the development limitations of the Development Agreement. The deed restriction shall be perpetual and
may be amended or terminated only with the consent of the City [ref.: Section 6.1.4]; The City will approve site and construction plans
for the subject property that are consistent with the Comprehensive Plan and the Concept Plan (Exhibit “B”) and that meet the
requirements of the Code and that go through any applicable approval process [ref.: Section 6.2.1]; The proposal is in compliance with
the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of downtown
redevelopment set forth in the Clearwater Downtown Redevelopment Plan. Please refer to the staff report (DVA2006-00001) for the
complete staff analysis. The Community Development Board reviewed this Development Agreement at its public hearing on
November 21, 2006 and unanimously recommended approval.
Review Approval:1) Clerk
Cover Memo
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated ____________,
2006, effective as provided in Section 5 of this Agreement, and entered into between
TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company
("DEVELOPER") and the CITY OF CLEARWATER, FLORIDA, a political subdivision of
the State of Florida acting through its City Council ("COUNCIL"), the governing body
thereof ("CITY").
R E C I T A L S:
A. Sections 163.3220 – 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("ACT"), authorize the CITY to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City.
B. 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.
C. DEVELOPER owns approximately 5.18 acres m.o.l. of real property
("PROPERTY") in the corporate limits of the CITY, more particularly described on Exhibit
"A" (Land Survey) attached hereto and incorporated herein. (4.98 acres of this land can
be used for unit density, and the remaining 0.2 acres has 0 units allowed.)
D. DEVELOPER desires to develop the Property as a mixed residential/retail
development, consisting of not more than 358 residential units and 13,235 square feet
of retail, with associated parking, generally conforming to that development approved by
the CDB on November 21, 2006 in Case No. FLD2006-05030.
E. The PROPERTY currently has a land use designation of Central Business
District and is zoned Downtown.
F.. The CITY and DEVELOPER have determined that it would be mutually
beneficial to enter into a development agreement governing the matters set forth herein
and have negotiated this AGREEMENT in accordance with the CODE and the ACT.
G. The CITY has found that the terms of, and future development orders
associated with, this AGREEMENT are consistent with the City Comprehensive Plan and
the CODE.
Attachment number 1
Page 1 of 11
2
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, 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 is subject to this
AGREEMENT.
SECTION 4. OWNERSHIP The PROPERTY is owned in fee simple by DEVELOPER. See
Exhibit “G” Ownership Information, Exhibit “G-1” Triangle Old Bay Holdings Merger,
Exhibit “G-2” Entity Name Changes.
SECTION 5. EFFECTIVE DATE/DURATION OF THIS AGREEMENT
5.1 This AGREEMENT shall become effective as provided for by the ACT and upon the
vacation of Osceola Ave. as described in Section 6.2.2.
5.2 This AGREEMENT shall continue in effect until terminated as defined herein but for
a period not to exceed ten (10) years.
SECTION 6. OBLIGATIONS UNDER THIS AGREEMENT
6.1 Obligations of the DEVELOPER
6.1.1. The obligations under this AGREEMENT shall be binding on
DEVELOPER, its successors or assigns.
6.1.2. At the time of development of the PROPERTY, DEVELOPER will submit
such applications and documentation as are required by law and shall comply with the
City's CODE applicable at the time of development review.
6.1.3. The following restrictions shall apply to development of the
PROPERTY:
Attachment number 1
Page 2 of 11
3
6.1.3.1 The PROPERTY shall be developed in conformance with that
development approved by the CDB on November 21, 2006 in Case No. FLD2006-
05030 The population density and maximum building intensity are shown in that
approved development application. Specifically, the Property shall be developed in 3
phases. Phase 1 will commit the entire 5.18 acres, which at 50 units per acre (and 4.98
countable acres) has 249 units permitted. 116 units will be built in Phase 1, drawing 16
units from the Public Amenities Incentive Pool (so as to be eligible for extra height).
109 units will be built in Phase 2, drawing 1 unit from the Public Amenities Incentive
Pool (for extra height). Phase 3 will have a 17-story tower with 109 units, plus 24 units
& 13,235 sf of retail space built on the east side of Osceola Ave, for a total in Phase 3 of
133 units, drawing 92 additional units and 13,235 square feet from the Public Amenities
Incentive Pool, for a total of 109 units and 13,235 square feet of non-residential floor
area from the Public Amenities Incentive Pool over the entire project.
6.1.3.2 Building height to the highest point of the finished flat roof
surface of the 3 Island View condominium towers shall not exceed 180 feet above the
mean site elevation. Building height to the top of parapet of the two (2) buildings
comprising Harrison Village shall not exceed 48 feet above the mean site elevation for
the Harrison Village Site.
6.1.3.3 The architectural style of the structures to be constructed on
the Property shall be as shown on the renderings attached hereto as Exhibit "C."
6.1.3.4 Development of the Property shall be phased as set forth on
Exhibits "D1", “D2” and “D3” attached hereto and incorporated herein.
6.1.3.5 The parties acknowledge that it is conceivable that the
Project will not proceed to full completion of all phases. Accordingly, DEVELOPER
agrees that the 2.0 acre parcel of land described on Exhibit “H“ hereto shall be
dedicated to support the entitlements which comprise Phase 1, and shall remain
encumbered by the provisions of this Development Agreement notwithstanding the
amendment of the site plan for the balance of the Property.
6.1.3.6 Parking will be provided as required by Code for Phase 1 in
the initial part of the parking structure built in Phase 1.
6.1.3.7 No certificate of occupancy shall be issued for each phase
until the streetscaping for that phase has been substantially completed, as set forth in
Exhibits “E”, “E-1”, “E-2” and“E-3” attached hereto and incorporated herein. Specifically
this includes:
Phase 1:
Landscaping and hardscaping of:
a) West side of Osceola Ave
b) East side of Fort Harrison Ave between Jones street and
Georgia street.
Phase 2:
Attachment number 1
Page 3 of 11
4
Landscaping and hardscaping of:
a) North side of Georgia Street
b) Intersection of Jones St and Ft Harrison Ave
Phase 3:
Landscaping and hardscaping of:
a) West side of Ft. Harrison Ave. between Georgia and Jones
b) East side of Osceola Ave, south side of Georgia St. and north
side of Jones Street, and Osceola crosswalks and midblock
pedestrian plaza in Harrison Village; all as shown on Exhibit "D”.
c) Base of Georgia Street upgraded with landscaping and
hardscaping.
d) Intersection of Georgia St. and Ft Harrison Ave
The parties agree that the obligation of DEVELOPER to construct the phase
improvements described above is contingent upon Developer proceeding to
construct each respective phase of the Project.
6.1.3.8. Existing Osceola shall be closed only upon completion by
Developer of the conditional requirements of vacation ordinance # 7769-07, which
conditions include:
a) deeding property to the City of Clearwater for a new 50-foot R.O.W
for Osceola Ave.,
b) completion of a temporary road (parallel to Ft. Harrison) available
for use by emergency vehicles, and
c) submission of a letter of credit (which letter of credit shall be
reasonably acceptable to the City Attorney) to the City of
Clearwater providing a financial guarantee that all required
construction of and improvements to the relocated Osceola Avenue
(including relocation of utilities at DEVELOPER’s sole cost) will be
completed within two years of the effective date of the vacation
ordinance.
The applicant shall maintain the temporary road for use by emergency
vehicles at all times during this two year period, until the new Osceola Ave has
been completed.
6.1.4 Prior to issuance of the first building permit for the PROPERTY,
Developer shall record a deed restriction encumbering the PROPERTY, which deed
restriction shall be approved as to form by the City Attorney and which will generally
describe the development limitations of this AGREEMENT. The deed restriction shall be
perpetual and may be amended or terminated only with the consent of the CITY.
6.2. Obligations of the CITY
6.2.1 CITY will approve site and construction plans for the PROPERTY that are
consistent with the Comprehensive Plan and that development
Attachment number 1
Page 4 of 11
5
approved by the CDB on November 21, 2006 in Case No. FLD2006-
05030 and that meet the requirements of the CODE and that go through
any applicable approval process.
6.2.2 The CITY shall consider the vacation of Osceola Avenue and the
vacation of three drainage and utility easements and one
ingress/egress easement as described in the related vacation request.
The effectiveness of this Agreement is contingent on the requested
vacation.
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. With respect to
transportation, the concurrency provisions for the proposed development have been
met.
7.1. Potable water from the CITY.
7.2. Sewer service is currently provided by the CITY.
7.3. Fire protection from the CITY.
7.4. Drainage facilities for the parcel will be provided by DEVELOPER.
7.5 Reclaimed water from the CITY, if available.
7.6. Solid waste from the CITY.
SECTION 8. REQUIRED LOCAL GOVERNMENT PERMITS The required local government
development permits 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); and
8.4. Certificate(s) of occupancy.
SECTION 9. CONSISTENCY The CITY finds that development of the PROPERTY
consistent with the terms of this AGREEMENT is consistent with the City Comprehensive
Plan.
Attachment number 1
Page 5 of 11
6
SECTION 10. TERMINATION
10.1. If DEVELOPER's obligations set forth in this AGREEMENT are not followed in a timely
manner, as determined by the City Manager, after notice to DEVELOPER and an
opportunity to be heard, existing permits shall be administratively suspended and
issuance of new permits suspended until DEVELOPER has fulfilled its obligations. Failure
timely to 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 DEVELOPER and an opportunity
for DEVELOPER to be heard.
SECTION 11. OTHER TERMS AND CONDITIONS
11.1. Except in the case of termination, until ten (10) years after the date of this
AGREEMENT, the PROPERTY shall not be subject to downzoning, unit density reduction, or
intensity reduction, unless the CITY has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions existing
at the time of approval of this AGREEMENT; or
11.1.2 This AGREEMENT is based on substantially inaccurate information
provided by DEVELOPER; or
11.1.3 That the change is essential to the public health, safety or welfare.
In the event of any such downzoning, unit density reduction, or intensity reduction for
any other reason than as set forth in Section 11.1.2, the CITY will give DEVELOPER
maximum access to the CITY’S Public Amenities Incentive Pool or other available
density under the revised conditions, in order for DEVELOPER to retain as much of its
entitlements under this Agreement as possible. To the degree that the number of
allowed units is decreased, DEVELOPER's obligations to provide streetscaping, public art,
and other amenities in exchange for drawing from the CITY’S Public Amenities Incentive
Pool shall be reduced proportionately.
SECTION 12. COMPLIANCE WITH LAW The failure of this AGREEMENT to address any
particular permit, condition, term or restriction shall not relieve 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 DEVELOPER: Triangle Old Bay Holdings, LLC
305 North Fort Harrison Avenue
Attachment number 1
Page 6 of 11
7
Clearwater, FL 33755
With copy to: E. D. Armstrong III, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut St.
Clearwater, FL 33756
If to CITY: City Council of City of Clearwater
c/o City Manager
112 South Osceola Avenue
P. O. Box 4748
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. INTENTIONALLY OMITTED.
SECTION 15. MINOR NON-COMPLIANCE DEVELOPER will not be deemed to have
failed to comply with the terms of this AGREEMENT in the event such non-compliance, in
the judgment of the City Administrator, reasonably exercised, is 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
Attachment number 1
Page 7 of 11
8
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 DEVELOPER includes DEVELOPER’s successors or assigns. This
AGREEMENT was the production of negotiations between representatives for the CITY
and DEVELOPER and the language of the Agreement should be given its plain and
ordinary meaning and should not be construed against any party hereto. 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 thereto 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 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 without regard to the
conflict of laws principles of such state.
SECTION 24. COUNTERPARTS This AGREEMENT may be executed in counterparts,
all of which together shall continue one and the same instrument.
IN WITNESS WHEREOF, the parties have hereto executed this AGREEMENT the date
and year first above written.
[End of Substantive Provisions, Signature Page to follow.]
Attachment number 1
Page 8 of 11
9
WITNESSES: TRIANGLE OLD BAY HOLDINGS, LLC,
a Florida limited liability company
________________________________ By: __________________________
Printed Name:____________________ _________________
Its: Managing Member
________________________________
Printed Name:____________________
Countersigned: CITY OF CLEARWATER, FLORIDA
________________________________ By: __________________________
Frank V. Hibbard William B. Horne II
Mayor
Approved as to form: Attest:
_______________________________ ________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 9 of 11
10
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this______________,
2006, by _________________, as managing member of Triangle Old Bay Holdings,
LLC, a Florida limited liability company, on behalf of the company, who is personally
known to me or who produced ____________________ as identification.
________________________________
Notary Public
Print Name:______________________
STATE OF FLORIDA )
CITY OF PINELLAS )
The foregoing instrument was acknowledged before me this
_________________, 2006, by Frank V. Hibbard, as Mayor of the City of Clearwater,
Florida, who is personally known to me or who produced
____________________ identification.
________________________________
Notary Public
Print Name:______________________
STATE OF FLORIDA )
CITY OF PINELLAS )
The foregoing instrument was acknowledged before me this
_________________, 2006, by William B. Horne II, City Manager of the City of
Clearwater, Florida, who is personally known to me or who produced
____________________ identification.
________________________________
Notary Public
Print Name:______________________
Attachment number 1
Page 10 of 11
11
Exhibits:
“A”: Legal Description of Property – see attached land survey
“B”: Concept Plan
“C”: Renderings attached
“D”: Phasing Plan
“D-1” Phasing Plan – Phase 1
“D-2” Phasing Plan – Phase 2
“D-3” Phasing Plan – Phase 3
“E”: Phasing Schedule
“E-1” Phase 1 Streetscaping
“E-2” Phase 2 Streetscaping
“E-3” Phase 3 Streetscaping
“F” Proof of Title to 24’ Sliver of Land Purchased from Church of Scientology
“G” Ownership Documentation – Triangle Old Bay Holdings
“G-1” Triangle Old Bay Merger
“G-2” Entity name changes
“H” Phase 1 Dedicated Land
11/22/06 02:01 PM
45403.108701
#378904 v1 - Triangle/Development Agreement
Attachment number 1
Page 11 of 11
Attachment number 2
Page 1 of 3
Attachment number 2
Page 2 of 3
Attachment number 2
Page 3 of 3
Exhibit E-3 Phase 3 Landscaping/Streetscaping
Exhibit G – Ownership Documentation
August 22, 2006
City of Clearwater
This letter is to clarify the intent with regards to certain properties owned by Triangle Old Bay
Holdings LLC (“Old Bay”). Old Bay’s majority owner is Ron Pollack, and it is managed by
Triangle Property Holding LLC, which is jointly owned by Ron Pollack and Ben Kugler.
Thus both Ron Pollack and Ben Kugler act as managing members of Triangle Old Bay Holdings
LLC.
Specifically at this time the property parcels marked below as 1, 2, 10 & 4 are being developed.
The thin strip of land dividing 4 in two is the proposed new Osceola Ave, which we plan to
dedicate to the city. Properties 1, 2, 10 and the part of property 4 west of the new Osceola Ave
will be deeded to Island View Condominiums.
Data on properties being developed by Triangle Old Bay Holdings:
Attachment number 4
Page 1 of 2
305 N. Ft. Harrison Ave. Ɣ Clearwater, FL 33755 Ɣ www.triangledevelopment.com Ɣ 727.446.0020
Old Bay is using Triangle Development Company LLC (also jointly owned by Ron Pollack and
Ben Kugler) to develop its properties.
Ownership information:
The data on the relevant properties shown above are as follows:
1. Name: former Rhaddert property: 310-404 N. Osceola.
Size: 1.9 acres
Owner: Georgia Street Properties LLC, which merged with Triangle Old Bay Holdings
LLC (the surviving entity).
2. Name: former Ellenberg property: 302-308 N. Osceola.
Size: 1.0 acres
Owner: 302-308 N Osceola Properties LLC, which changed its name to Island View
Properties LLC, which has merged with Triangle Old Bay Holdings LLC,
(the surviving entity).
4. Name: former Salvation Army property: (part of what was once)
300-410 N. Fort Harrison, and 309-407 N. Osceola.
Size: 2.42 acres
Owner: Triangle S.A. Land LLC, which merged with Triangle Old Bay Holdings LLC,
(the surviving entity).
10. Name: former Marcopoulos property: (part of what was once 303&305 N. Osceola, and
400&410 Jones St.)
Size: 0.2 acres
Owner: Osceola-Jones Properties LLC, which changed its name to Harrison Village
Properties LLC, which has merged with Triangle Old Bay Holdings LLC,
(the surviving entity).
Sincerely,
Ron Pollack
CEO and Manager
Triangle Development Company LLC
For:
Triangle Property Holdings LLC, Manager
For:
Triangle Old Bay Holdings, Owner
Attachment number 4
Page 2 of 2
Exhibit G-1 - Triangle Old Bay Holdings MergerAttachment number 5
Page 1 of 9
Attachment number 5
Page 2 of 9
Attachment number 5
Page 3 of 9
Attachment number 5
Page 4 of 9
Attachment number 5
Page 5 of 9
Attachment number 5
Page 6 of 9
Attachment number 5
Page 7 of 9
Attachment number 5
Page 8 of 9
Attachment number 5
Page 9 of 9
Page 1 of 1
Page 1 of 1
Page 1 of 1
Page 1 of 1
Exhibit “H”
Area shaded in light green constitutes 2.0 acres, and is dedicated to support the Phase 1 entitlements in the event the later
phases are not constructed.
ee
e
F
Resolution No. 07-02
RESOLUTION NO. 07-02
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER, TRIANGLE OLD
BAY HOLDINGS, LLC, AND CHURCH OF SCIENTOLOGY
FLAG SERVICE ORGANIZATION, INC.; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with Triangle LLC, Old Bay Holdings, and Church of Scientology Flag
Service Organization, Inc.; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater,
Triangle Old Bay Holdings, LLC, and Church of Scientology Flag Service Organization,
Inc., a copy of which is attached as Exhibit “A”, is hereby approved.
Section 2. The City Clerk is directed to record the Development Agreement
with the Clerk of the Circuit Court in Pinellas County no later than fourteen (14) days
after the agreement is executed. The applicant for the Development Agreement shall
bear the expense of recording the agreement.
Section 3. The City Clerk is directed to submit a recorded copy of the
Development Agreement to the State of Florida Department of Community Affairs no
later than fourteen (14) days after the Development Agreement is recorded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2007.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 9
Page 1 of 1
Exhibit B – CONCEPT PLAN
Ex
h
i
b
i
t
C
-
R
e
n
d
e
r
i
n
g
s
Attachment number 11
Page 1 of 4
Attachment number 11
Page 2 of 4
Attachment number 11
Page 3 of 4
Attachment number 11
Page 4 of 4
Exhibit D-1 Phase 1 Phasing Plan
Exhibit D-2 Phase 2 Phasing Plan
Exhibit D-3 Phase 3 Phasing Plan
Exhibit E
PHASING SCHEDULE
PHASE START/
FINISH
DATES1
RES. UNITS
PERMITTED
+ POOL
RETAIL
SPACE
PERMITTED
+ POOL
PARKING
SPACES
STREETSCAPE
(COST AND DESCRIPTION)
OTHER
Pre-Con-
struction
2/07 0 0 0 Excavation and
Foundation, temporary
road construction
1 3/06 –
6/08
100 + 16 0 174 $600,000 – landscaping and hardscaping of:
a) West side of Osceola Ave
b) East side of Fort Harrison Ave between Jones street and
Georgia street. See Exhibit E-1
Osceola Ave widened,
moved and utilities
upgraded at a cost of
about $1 million.
2 6/08 –
6/10
108 + 1 0 162 $600,000 – landscaping and hardscaping of:
a) North side of Georgia Street
b) Intersection of Jones St and Ft Harrison Ave
See Exhibit E-2
3 6/10-
12/11
(41) + 92 0 + 13,235 204
(Shared
parking
formula
applied)
$1,800,000 – landscaping and hardscaping of:
a) West side of Ft. Harrison Ave. between Georgia and
Jones
b) East side of Osceola Ave, south side of Georgia St. and
north side of Jones Street, and Osceola crosswalks and
midblock pedestrian plaza in Harrison Village; all as
shown on Exhibit "D”.
c) Base of Georgia Street upgraded with landscaping and
hardscaping.
d) Intersection of Georgia St. and Ft Harrison Ave
See Exhibit E-3
TOTAL 249 + 109 0 + 13,235 540 $3,000,000$1,000,000
11/09/06 05:19 PM
#378917 v1 - Triangle/Phasing Table
Exhibit E-1 Phase 1 Landscaping/Streetscaping
Exhibit E-2 Phase 2 Landscaping/Streetscaping
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve a Future Land Use Plan Amendment from the Residential Urban (RU) Category to the Residential Medium (RM) Category for
property located at 2060 Evergreen Avenue (consisting of Lots 15 and 16, Lots 7 and 8, Lots 1 to 6 inclusive and Lots 9 to 14, inclusive,
Block I, Brooklawn Subdivision; and Pass Ordinances 7775-07 and 7776-07 on first reading.
SUMMARY:
This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 1.84 acres in area
located approximately 350 feet south of CR 600 (Union Street) and 300 feet west of Kings Highway. This property has a FLUP
classification of Residential Urban (RU) and a zoning designation of Medium Density Residential (MDR). The applicant originally
requested to amend both the FLUP classification and a zoning designation for a different configuration of property at this general site.
The applicant then amended his request, to amend the FLUP designation of the site, as described above, to the Residential Medium
(RM) classification in order to use the property for 27 attached residential units. The Planning Department recommended approval of
the request.
The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are
consistent with the following standards specified in the Community Development Code:
· The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan.
· The proposed use is compatible with the surrounding area.
· Sufficient public facilities are available to serve the property.
· The applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council
and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the proposed plan category,
the application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required.
The Community Development Board reviewed these applications at its public hearing on December 19, 2006 and unanimously
recommended approval of the Future Land Use Plan amendment, as recommended by the Planning Department.
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Staff Report - Community Development Board – December 19, 2006 – Case LUZ2006-08003 Page 1
CDB Meeting Date: December 19, 2006
Case Number: LUZ2006-08003
Owner/Applicant: George Malnati, Ido Fischler, Patrick Valtin,
and Bernard K. Reichel, Jr.
Address: 2060 Evergreen Avenue
Agenda Item: F5
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
Future Land Use Plan amendment from the
Residential Urban (RU) Classification to the
Residential Medium (RM) Classification
SITE INFORMATION
PROPERTY SIZE:
80,150 square feet or 1.84 acres
PROPERTY USE:
Current Use: Vacant
Proposed Use: Attached dwellings
PLAN CATEGORY:
Current Category: Residential Urban (RU)
Proposed Category: Residential Medium (RM)
ZONING DISTRICT:
Current District: Medium Density Residential (MDR)
Proposed District: Medium Density Residential (MDR)
Attachment number 1
Page 1 of 7
Staff Report - Community Development Board – December 19, 2006 – Case LUZ2006-08003 Page 2
EXISTING
SURROUNDING USES: North: Single family residential
and attached dwelling units
South: Single family residential
East: Attached dwelling units and single family
dwelling units
West: Single family residential
ANALYSIS:
Initially, the applicant submitted a Future Land Use Plan (FLUP) amendment and
rezoning application involving property comprising approximately 2.0 acres in area
located approximately 350 feet south of CR 600 (Union Street) and 300 feet west of
Kings Highway. The application concerned property with a FLUP classification of
Residential Urban (RU) and a zoning designation of Low Medium Density Residential
(LMDR) for Lots 8 and 9, Block H, and Medium Density Residential (MDR) for Lots 1 –
16, Block I. The applicant was requesting to amend the FLUP designation of the site to
the Residential Medium (RM) classification and to rezone part of the property to the
Medium Density Residential (MDR) District (Lots 8 and 9, Block H) to allow for the
development of 30 attached dwelling units, by maximum density.
As City Planning staff would not recommend approval of the rezoning application, the
applicant agreed to amend his request. Now, the applicant seeks a Future Land Use Plan
amendment from the Residential Urban (RU) Classification to the Residential Medium
(RM) General Classification for all lots within Block I. The applicant has provided a
letter dated December 13, 2006, stating intent to amend the application to exclude Lots 8
and 9, Block H from the rezoning request. A copy of this letter is attached to the staff
report. The removal of the two lots leaves a total of 1.84 acres, which by maximum
density, would allow the development of 27 attached dwelling units.
In accordance with the Countywide Plan Rules, the FLUP amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as
the Countywide Planning Authority. Based on density, review and approval by the
Florida Department of Community Affairs is required.
I. CONSISTENCY WITH CITY’S COMPREHENSIVE PLAN [Section 4-
603.F.1]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in
support of the proposed land use plan amendment are as indicated below:
2.1 Objective –The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote
infill development that is consistent and compatible with the surrounding
environment.
2.2.1 Policy - On a continuing basis, the Community Development Code and the site
plan approval process shall be utilized in promoting infill development and/or
planned developments that are compatible.
Attachment number 1
Page 2 of 7
Staff Report - Community Development Board – December 19, 2006 – Case LUZ2006-08003 Page 3
3.0 Goal – A sufficient variety and amount of future land use categories shall be
provided to accommodate public demand and promote infill development.
5.1.1 Policy - No new development or redevelopment will be permitted which causes
the level of City services (traffic circulation, recreation and open space, water, sewage
treatment, garbage collection, and drainage) to fall below minimum acceptable levels.
However, development orders may be phased or otherwise modified consistent with
provisions of the concurrency management system to allow services to be upgraded
concurrently with the impacts of development.
Recommended Conclusions of Law
The proposed plan amendment is not in conflict with any Clearwater Comprehensive
Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive
Plan. The development of 27 attached residential units at this location will be
compatible with the surrounding environment and will not significantly impact levels of
City services.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact
The purpose of the proposed Residential Medium (RM) category, as specified in Section
2.3.3.2.2 of the Countywide Rules, is to depict those areas of the County that are now
developed, or appropriate to be developed, in a moderately intensive residential manner;
and to recognize such areas as primarily well-suited for residential uses that are
consistent with the urban qualities, transportation facilities and natural resource
characteristics of such areas.
The site is located in close proximity to existing single-family residential land use to the
immediate south, north, and west. To the east, is multi family residential land use.
Medium Density Residential, Low Medium Density Residential, and High Density
Residential Zoning District designations surround the site. The proposed use of the
property, attached dwelling units, is consistent with the purposes of the Residential
Medium (RM) Future Land Use category.
Recommended Conclusions of Law
The proposed plan amendment is consistent with the purpose and locational
characteristics of the Countywide Plan; therefore, the proposed amendment is consistent
with the Countywide Plan.
Attachment number 1
Page 3 of 7
Staff Report - Community Development Board – December 19, 2006 – Case LUZ2006-08003 Page 4
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER
OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3]
Recommended Findings of Fact
Residential land use characterizes the immediate areas to the north, south, west, and east.
The area is predominantly single family residential, with the exception of land to the east
of the site being multi family residential.
Recommended Conclusions of Law
The proposed FLUP designation and rezoning are in character with the FLUP and zoning
designations in the area. They are compatible with surrounding uses and consistent with
the character of the immediate surrounding area and neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES
Recommended Findings of Fact
As stated earlier, the overall subject site is 1.84 acres in area and is vacant. Based on a
maximum permitted development potential in the proposed Residential Medium
category, 27 dwelling units could potentially be constructed on this site.
Roadways
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council’s (PPC) traffic generation
guidelines. The PPC’s traffic generation rates have been calculated for the subject site
based on the existing and proposed FLUP categories and are included in the next table.
Sunset Point Road; Betty Lane to Kings Highway
Current
Situation
Existing Plan1 Proposed
Plan2
Net New
Trips
Maximum Daily Added Potential Trips N/A 129 177 48
Maximum PM Peak Hour Added Potential Trips3 N/A12175
VolumeofSunsetPointRoad:BetweenBettyLaneand
Kings Highway 12,69212,82112,86948
LOSofSunsetPointRoad:BetweenBettyLaneandKings
Highway CCCC
63
183
0.095
MAXIMUM POTENTIAL TRAFFIC
Source: “The Rules” of the Countywide Future Land Use Plan
N/A = Not Applicable LOS = Level-of-Service
1 = Based on PPC calculations of trips per acre per day for the Residential Urban Future Land Use Category.
2 = Based on PPC calculations of trips per acre per day for the Residential Medium General Future Land Use Category.
3 = Based on MPO K-factor of 0.095
Attachment number 1
Page 4 of 7
Staff Report - Community Development Board – December 19, 2006 – Case LUZ2006-08003 Page 5
Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of
Service Report, the segment of Sunset Point Road, Betty Lane to Kings Highway, has a
LOS of C. This segment is within close proximity to the site.
The proposed FLUP category will generate more PM Peak Hour traffic on this segment
of Sunset Point Road by 5 trips.
Specific uses in the current and proposed zoning districts have also been analyzed for the
level of vehicle trips that could be generated based on the Institute of Transportation
Engineer’s Manual.
Even though the subject property is vacant and new trips will be generated by the
development, the proposed plan amendment will not result in a degradation of the
existing LOS to the surrounding road network. Furthermore, the City of Clearwater
Engineering Department has concluded that the traffic generation (existing PM Peak
trips) associated with the proposed development will result in an insignificant increase in
traffic.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment.
The total miles of fixed route service will not change. The subject site is not located on
any mass transit route. Neighboring mass transit routes are located on Sunset Point
Road, Betty Lane, and Highland Avenue.
Water
The current FLUP category could use up to 3,250 gallons per day for 13 residential
dwelling units. Under the proposed FLUP category, water demand, based on 27
residential units, could approach approximately 6,750 gallons per day.
Uses
Dwelling
units/Square
Footage
Daily
Trips
Net Increase
of Average
Daily Trips
PM Peak
Trips
Net
Increase
of PM
Peak
Trips
Residential
Condominium/Townhous 13
6.97 dwelling units
Residential
Condominium/Townhous 27
40.67 dwelling units
Existing Zoning (MDR) /Future Land Use Plan (RU)
N/A
Proposed Zoning (MDR) /Future Land Use Plan (RM)
15882147
76N/A7
Attachment number 1
Page 5 of 7
Staff Report - Community Development Board – December 19, 2006 – Case LUZ2006-08003 Page 6
Wastewater
The current FLUP category could produce up to 2,600 gallons per day for 13 residential
dwelling units. Under the proposed FLUP category, based on the proposed number of
residential units, sewer demand could approach approximately 5,400 gallons per day.
Solid Waste
The current FLUP category would result in the production of 33 tons of solid waste per
year for 13 residential dwelling units. Under the proposed FLUP category, the
development of 27 residential dwelling units could generate 68 tons of solid waste per
year.
Recreation and Open Space
The proposed future land use plan and zoning designations will permit the development
of up to 27 attached dwelling units. Open Space, Recreation Land and Recreation
Facility impact fees will be required when the property is developed with residential uses.
The amount and timing of this fee is dependent on the number of developed units and
will be addressed and paid during the site plan review process .
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that the traffic generated by this
plan amendment will not result in the degradation of the existing LOS to the surrounding
road network or to the operational efficiency of the signalized intersection. Further, there
is a minimal impact to water, wastewater, and solid waste service. Open space and
recreation facilities and mass transit will not be affected by the proposed future land use
plan and zoning designations.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended of Findings of Fact
No wetlands appear to be located on the subject site. This property is wooded to some
extent. In the event that development is proposed which does not meet the minimum
development standards of the Community Development Code, site plan review may be
required.
Prior to development of the subject property, site plan approval will be required. At that
time, the stormwater management system will be required to meet all City and Southwest
Florida Water Management District (SWFWMD) stormwater management criteria.
Water quantity and quality will be controlled in compliance with the Clearwater
Comprehensive Plan.
Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject site. The
site is wooded. There is minimal impact to the City of Clearwater by 27 attached
residential units.
Attachment number 1
Page 6 of 7
Staff Report - Community Development Board – December 19, 2006 – Case LUZ2006-08003 Page 7
Approval of this land use plan amendment and zoning district designation does not
guarantee the right to develop on the subject property. Transportation concurrency
must be met, and the property owner will have to comply with all laws and ordinances in
effect at the time development permits are requested.
SUMMARY AND RECOMMENDATIONS
The applicant agreed to amend his application to withdraw a proposal to change the
Future Land Use and Zoning District designations for Lots 8 and 9, Block H (letter
attached). An amendment of the FLUP from the Residential Urban (RU) category to the
Residential Medium (RM) category is now requested. The site proposed to be developed
is 1.84 acres (80,150 square feet) and meets the minimum lot size requirement for the
development of 27 attached residential units within the existing Medium Density
Residential Zoning District. The neighborhood is characterized by a mix of single-family
residential detached dwellings and attached residential dwellings. The proposed future
land use plan amendment and rezoning is compatible with the existing neighborhood.
The proposed Residential Medium (RM) Future Land Use Plan classification is
consistent with the City and the Countywide Comprehensive Plans, and is compatible
with the surrounding area.
Based on the above analysis, the Planning Department recommends the following actions
on the request:
ACTIONS:
a) Recommend APPROVAL of the Future Land Use Plan amendment from the
Residential Urban (RU) Classification to the Residential Medium (RM) General
Classification for all lots within Block I.
Prepared by Planning Department staff: _______________________________
Michael H. Reynolds, AICP, Planner III
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:\Planning Department\C D B\Land Use Amendments\LUZ 2006\LUZ2006-08003,2060Evergreen,ClearwaterVill\Printable Staff
Report, LUZ2006-08003.doc
Attachment number 1
Page 7 of 7
PROJECT
SITE
-Not A Survey-
-Not to Sca
le-
Location Map
Owner Bernard K. Reichel, Jr. , Patrick Valtin,
Ido Fischler, George Malnati Case: LUZ2006-08003
Property
Size (Acres): 1.84
Land Use Zoning
PIN:
03-29-15-12060-009-0010
03-29-15-12060-009-0070
03-29-15-12060-009-0150
From :
To:
RU MDR
RM MDR
Atlas Page: 251B
Attachment number 2
Page 1 of 6
UNION ST UNION ST
KINGS HWY
KINGS HWY
THE MAL
L
THE MAL
L
ARBELIA ST ARBELIA ST
PO
I
N
S
E
T
T
A
A
V
E
PO
I
N
S
E
T
T
A
A
V
E
ALPINE RD ALPINE RD
EVERGREEN AVE
EVERGREEN AVE
WOODLAWN TER WOODLAWN TER
IDLEWILD D R IDLEWILD D R
LANTANA AVE
LANTANA AVE
SHORE DR SHORE DR
-Not A Survey-
-Not to Sca
le-
Aerial Map
Owner Bernard K. Reichel, Jr. , Patrick Valtin,
Ido Fischler, George Malnati Case: LUZ2006-08003
Property
Size (Acres): 1.84
Land Use Zoning
PIN:
03-29-15-12060-009-0010
03-29-15-12060-009-0070
03-29-15-12060-009-0150
From :
To:
RU MDR
RM MDR
Atlas Page: 251B
Attachment number 2
Page 2 of 6
6
0
60
33
33
132
131
130
129
128
127
126
125
124
123
133
134
135
136
137
138
139
140
141
142
105
106
107
30
30
60
87.7 60 60
60
60
60
60
60
60
87.7
60
45
60
40
60
15
40
40
15
B C D E
G
H I
J
L M N
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
7
8
15
16
1
2
3
4
5 6
7
8
9
10
11 1
2
3
4
5
6
7 8 9 10 11 12
1314
15 16 17
18192021222324
(25)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
123 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
36
30
50
33
RH
RM
RH
RU
RU
RM
P
RH
RH
RM
RU
RH
RU
P RU
RM
P
RU
RM
RU
RU
RM RHP
1330
1322
2067
2057
2049
2000
1333
2056
2064
2035
2039
2043
2047
2063
2049
2010
1317
2025
2076
2036
1401
1331
1408
2052
2099
2001
1345
1337
2075
1317
1341
1400
2071
2098
2084
2018
2077
2080
2058
UNION ST
KING
S HWY
ARBELIA ST
PO
I
N
S
E
T
T
A
A
V
E
ALPINE RD
EVERGREEN AVE
IDLEWILD DR
LANT
ANA A
VE
2053
00
40
44
48
50
60
58
2048
2052
2066
2075
2079
2017
1409
1310
2080
2080
1353
2088
2071
2077
2084
2057
2081
1349
2019
2060
1355
1325
1413
2061
1390
2035
-Not A Survey-
-Not to Sca
le-
Future Land Use Map
Owner Bernard K. Reichel, Jr. , Patrick Valtin,
Ido Fischler, George Malnati Case: LUZ2006-08003
Property
Size (Acres): 1.84
Land Use Zoning
PIN:
03-29-15-12060-009-0010
03-29-15-12060-009-0070
03-29-15-12060-009-0150
From :
To:
RU MDR
RM MDR
Atlas Page: 251B
Attachment number 2
Page 3 of 6
6
0
60
33
33
132
131
130
129
128
127
126
125
124
123
133
134
135
136
137
138
139
140
141
142
105
106
107
30
30
60
87.7 60 60
60
60
60
60
60
60
87.7
60
45
60
40
60
15
40
40
15
B C D E
G
H I
J
L M N
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
7
8
15
16
1
2
3
4
5 6
7
8
9
10
11 1
2
3
4
5
6
7 8 9 10 11 12
1314
15 16 17
18192021222324
(25)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
123 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
36
30
50
33
MDR
LMDR
DR
LMDR
1330
1322
2067
2057
2049
2000
1333
2056
2064
2035
2039
2043
2047
2063
2049
2010
1317
1409
2025
2076
2036
2080
1401
1331
1408
2052
2099
2001
1345
1337
2075
1317
1341
1400
2019
2071
2098
2084
1413
2018
2077
2080
2058
UNION ST
KING
S HWY
ARBELIA ST
PO
I
N
S
E
T
T
A
A
V
E
ALPINE RD
EVERGREEN AVE
WOODLAW N TER
IDLEWILD DR
LANT
ANA A
VE
2053
00
40
44
48
50
60
58
2048
2052
2066
2075
2079
2017
1310
2080
1353
2088
2071
2077
2084
2057
2081
1349
2060
1355
1325
2061
1390
2035
-Not A Survey-
-Not to Sca
le-
Zoning Map
Owner Bernard K. Reichel, Jr. , Patrick Valtin,
Ido Fischler, George Malnati Case: LUZ2006-08003
Property
Size (Acres): 1.84
Land Use Zoning
PIN:
03-29-15-12060-009-0010
03-29-15-12060-009-0070
03-29-15-12060-009-0150
From :
To:
RU MDR
RM MDR
Atlas Page: 251B
Attachment number 2
Page 4 of 6
6
0
60
33
33
132
131
130
129
128
127
126
125
124
123
133
134
135
136
137
138
139
140
141
142
105
106
107
30
30
60
87.7 60
60
60
60
60
60
60
87.7
60
45
60
4
0
60
15
40
40
15
B C D
G
H I
J
L M N
12
3
4
5
6
7
10
11
12
13
16
5
6
7
8
9
11
12
13
14
15
1
2
5
6
7
8
9
10
11
13
14
15
16
7
8
15
16
1
2
3
4
5 6
7
8
9
10
11 1
2
3
4
5
6
7 8 9 10 11 12
1314
17
18
60
12
E 510
8 14
9 15
1 2
3
410
16
3
4 12
15 16
19202122
(25)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1 2 3 4
5
6
78
9
10
1 2
5
6
78
9
10
3 4
5
6
78
9
10
1 2 3 4
78
36
30
50
33
2324
3 4
69
1330
1322
2053
2049
0
2056
2064
203
203
2043
2047
2063
2049
2066
2010
1317
1409
2025
2076
2036
2080
1401
1331
1408
2052
2099
1337
2075
1317
1400
2019
2071
2098
2084
1413
2018
2077
2080
2058
UNION ST
KINGS HWY
ARBELIA ST
PO
I
N
S
E
T
T
A
A
V
E
ALPIN E RD
EVERGREEN AVE
WOO DLAW N TER
IDLEWILD DR
LANTANA A
VE
2067
2057
200
9
1333
5
2001
1345
1341
00
40
44
48
50
60
58
2048
2052
2075
2079
2017
1310
2088
2071
2077
2084
2057
2081
2060
1325
2061
1390
2035
2080
1353
1349
1355
-Not A Survey-
-Not to Sca
le-
Single Family
Residential
Multi-Family
Residential
Single Family
Residential Multi-Family
Residential Vacant
Single Family
Residential
Single Family
Residential
Existing Land Use Map
Bernard K. Reichel, Jr. , Patrick Valtin, Owner Case: LUZ2006-08003 Ido Fischler, George Malnati
Property
Size (Acres): 1.84
Land Use Zoning
03-29-15-12060-009-0010
PIN: 03-29-15-12060-009-0070
03-29-15-12060-009-0150
From : RU MDR
To: RM MDR
Atlas Page: 251B
Attachment number 2
Page 5 of 6
2060 EVERGREEN AVENUE
CLEARWATER VILLAGE
Bernard K.Reichel, Jr. , PatrickValtin,
Ido Fischler, GeorgeMalnati
LUZ2006-08003
2060 Evergreen (looking west)
Looking West fromArabeliaStreet
Looking North
Looking South from Arabelia Street
[2060 Evergreen to right of sidewalk,
multifamily to left (east) of subject]
Attachment number 2
Page 6 of 6
Ordinance No. 7775-07
ORDINANCE NO. 7775-07
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 APPROXIMATELY 350 FEET SOUTH OF CR 600
AND 300 FEET WEST OF KINGS HIGHWAY, CONSISTING OF
LOTS 15 AND 16, LOTS 7 AND 8, LOTS 1 TO 6, INCLUSIVE
AND LOTS 9 TO 14, INCLUSIVE, BLOCK I, BROOKLAWN
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2060
EVERGREEN AVENUE, FROM RESIDENTIAL URBAN TO
RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City’s comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property Land Use Category
See legal description attached hereto From: Residential Urban
(LUZ2006-08003) To: Residential Medium
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 County 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.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
____________________________ ___________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 1 of 2
Ordinance No. 7775-07
Legal Description for LUZ2006-08003
Lots 1 to 6, inclusive, Lots 9 to 14, inclusive, Lots 7 and 8, Lots 15 and 16, Block I, Brooklawn
Subdivision, according to the map or plat thereof in Plat Book 13, Page 59, Public Records of
Pinellas County, Florida.
Attachment number 3
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve amendments to the Community Development Code to make the Tourist “T” District consistent with Amendments to Beach by
Design: A Preliminary Design for Clearwater Beach and Design Guidelines and adopt Ordinance 7723-07 on first reading.
SUMMARY:
The Planning Department began a study of the Marina Residential District in 2006 as directed by the City Council in order to address
land use, development incentives, and to examine public access and the potential for a working waterfront. In 2006, Ordinance No.
7660-06 was passed to establish a moratorium effective June 15, 2006 and expiring January 30, 2007, imposed upon the Marina
Residential District of Beach by Design.
Subsequent to the ideas generated by two public meetings and one meeting for Marina District property owners and residents,
recommendations were developed that included changes to the Community Development Code, as set forth in these amendments, as
well as adding a future land use map and changes to Beach by Design. Amendments to the Community Development Code were
prepared to ensure that there be no conflicts between the Tourist “T” District and Beach by Design.
The Code amendments are as follows:
- Amendments to the Community Development Code Tourist “T” District, Tables 2-802 and 2-803 to enable flexibility of use,
maximum height, minimum setbacks, and off-street parking requirements, as provided by the Marina District within Beach by Design.
The Planning Department determined that the Code text amendments are 1) consistent with and further the goals, policies, and
objectives of the Comprehensive Plan; and 2) further the purposes of the Code and other City ordinances and actions designed to
implement the Plan.
Please refer to the text amendment staff report (TA2006-10008) for the complete staff analysis. The Community Development Board
reviewed the proposed amendments at its regularly scheduled meeting on December 19, 2006, and recommended approval.
Review Approval:1) Clerk
Cover Memo
Page 1
Amendments to the Community Development Code, Proposed Ordinance No. 7723-07 Staff Report
CDB Meeting Date: December 19, 2006
Case: TA2006-10008
Ordinance No.: 7723-07
Agenda Item: F2
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION
STAFF REPORT
TEXT AMENDMENTS
REQUEST: Amendments to the Community Development Code to make the
Tourist “T” District consistent with Amendments to Beach by
Design: A Preliminary Design for Clearwater Beach and Design
Guidelines.
INITIATED BY: City of Clearwater Planning Department
ANALYSIS:
The Planning Department is recommending amendments to the Community Development
Code. These amendments address use, maximum height, minimum setback
requirements, and off-street parking requirements in the Tourist District.
Please find below a summary of these proposed amendments. Also attached is Ordinance
No. 7723-07 which includes the specific amendments. Within the ordinance document,
text that is underlined indicates proposed language.
Article 2 – Zoning Districts
Use, Maximum Height Requirements, Minimum Setback Requirements, and
Off-Street Parking Requirements (Pages 1 - 2 of Ordinance)
Ordinance No. 7723-07 amends Footnote (1) at the end of Tables 2-802 and 2-803 to
enable flexibility of use, maximum height, minimum setbacks, and off-street parking
requirements, as provided by the Marina District section within Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines.
Attachment number 1
Page 1 of 2
Page 2
Amendments to the Community Development Code, Proposed Ordinance No. 7723-07 Staff Report
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below is a list of goals, policies, objectives from the Clearwater Comprehensive Plan that
are furthered by the proposed amendments to the Community Development Code:
• Goal 4 – The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City through
consistent implementation of the Community Development Code.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed amendments are consistent with the provisions of Section 1-103 which list
the purposes of the Code.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
The amendments will ensure consistency with Beach by Design: A Preliminary Design
for Clearwater Beach and Design Guidelines.
Ordinance Number 7723-07 is a companion ordinance to Ordinance Number 7721-07,
which proposes amendments to Beach by Design: A Preliminary Design for Clearwater
Beach and Design Guidelines, replacing the “Marina Residential District” with the
“Marina District.”
The Planning Department Staff recommends APPROVAL of Ordinance No. 7723-07
which makes revisions to the Community Development Code.
Prepared by Planning Department : _______________________
Michael H. Reynolds, AICP
ATTACHMENT:
Proposed Amendments to the Community Development Code
Ordinance No. 7723-07
S:\Planning Department\Community Development Code\2006 Code Amendments\TA2006-10008 - Marina District Code
Admendments\Staff Report -2006 Amendments Ord. No. 7723-07;12.19.06.doc
Attachment number 1
Page 2 of 2
Ordinance No. 7723-07 1
TA2006-10008
ORDINANCE NO. 7723-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, TABLES
2-802 AND 2-803, TO AMEND USE, MAXIMUM HEIGHT AND
MINIMUM SETBACK REQUIREMENTS AND TO AMEND OFF-
STREET PARKING REQUIREMENTS, WHICH ARE GOVERNED
BY BEACH BY DESIGN: A PRELIMINARY DESIGN FOR
CLEARWATER BEACH AND DESIGN GUIDELINES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community
Development Code on January 21, 1999 which was effective on March 8, 1999,
and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, and
WHEREAS, the Community Development Code needs to be consistent to
provisions within Beach by Design: A Preliminary Design for Clearwater Beach
and Design Guidelines, and
WHEREAS, the City of Clearwater desires for the Community
Development Code to function effectively and equitably throughout the City, now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 2, Section 2-802, Table 2-802, is amended as follows:
Section 2-802 Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of
Article 3.
***********
(1) Specific standards for the Old Florida District and the Marina District that
supercede the above regulations are set forth in Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines.
Attachment number 2
Page 1 of 3
Ordinance No. 7723-07 2
***********
Section 2. Article 2, Section 2-803, Table 2-803, is amended as follows:
Section 2-803 Flexible development.
The following uses are Level Two permitted uses in the Tourist “T” District
subject to the standards and criteria set out in this section and other applicable
provisions of Article 3.
***********
(1) Specific standards for the Old Florida District and the Marina District that
supercede the above regulations are set forth in Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines.
***********
Section 3. Amendments to the Land development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the
amendments contained herein, as well as the provisions of this Ordinance, are
consistent with and in conformance with the City’s Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity
of the Ordinance as a whole, or any part thereof other than the part declared to
be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with
applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Attachment number 2
Page 2 of 3
Ordinance No. 7723-07 3
Approved as to form: Attest:
__________________________ ____________________________
Leslie Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 2
Page 3 of 3
Ordinance No. 7723-07
ORDINANCE NO. 7723-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE BY AMENDING ARTICLE 2,
ZONING DISTRICTS, TABLES 2-802 AND 2-803, TO
AMEND USE, MAXIMUM HEIGHT AND MINIMUM
SETBACK REQUIREMENTS AND TO AMEND OFF-
STREET PARKING REQUIREMENTS, WHICH ARE
GOVERNED BY BEACH BY DESIGN: A PRELIMINARY
DESIGN FOR CLEARWATER BEACH AND DESIGN
GUIDELINES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community
Development Code on January 21, 1999 which was effective on March 8, 1999,
and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, and
WHEREAS, the Community Development Code needs to be consistent to
provisions within Beach by Design: A Preliminary Design for Clearwater Beach
and Design Guidelines, and
WHEREAS, the City of Clearwater desires for the Community
Development Code to function effectively and equitably throughout the City, now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 2, Section 2-802, Table 2-802, is amended as follows:
Section 2-802 Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of
Article 3.
***********
(1) Specific standards for the Old Florida District and the Marina District that
supercede the above regulations are set forth in Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines.
***********
Attachment number 3
Page 1 of 3
Ordinance No. 7723-07 2
Section 2. Article 2, Section 2-803, Table 2-803, is amended as follows:
Section 2-803 Flexible development.
The following uses are Level Two permitted uses in the Tourist “T” District
subject to the standards and criteria set out in this section and other applicable
provisions of Article 3.
***********
(1) Specific standards for the Old Florida District and the Marina District that
supercede the above regulations are set forth in Beach by Design: A
Preliminary Design for Clearwater Beach and Design Guidelines.
***********
Section 3. Amendments to the Land development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the
amendments contained herein, as well as the provisions of this Ordinance, are
consistent with and in conformance with the City’s Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity
of the Ordinance as a whole, or any part thereof other than the part declared to
be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with
applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
Attachment number 3
Page 2 of 3
Ordinance No. 7723-07 3
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Leslie F. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 3 of 3
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Adopt Resolution 07-04, supporting the Florida League of Cities’ legislative issues.
SUMMARY:
The Florida League of Cities Board of Directors has asked each of Florida’s municipalities to adopt a resolution that supports the
League’s key priority issues during the 2007 State Legislative Session.
The Resolution urges the Florida Legislature to support legislation that:
Restores and maintains municipal home rule authority for municipalities located within charter counties
Supports a fair and equitable tax structure
Provides a dedicated and recurring source of revenue for municipalities to fund transportation projects
Provides a comprehensive and uniform workers’ compensation system for all municipal employees
Preserves the dedicated documentary stamp fees as a funding source for the Sadowski Trust Fund and eliminates the cap placed
on fund distribution
Requires legislative authorization prior to the Florida Department of Transportation removing or delaying any project that is
contained in the FDOT Five-Year Work Plan
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Resolution No. 07-04
RESOLUTION NO. 07-04
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES
DURING THE 2007 LEGISLATIVE SESSION.
WHEREAS, municipal self-determination and local self-government are
constantly under attack from a variety of public and private interests; and
WHEREAS, numerous counties have recently proposed revisions to their charters that
would adversely impact the Home-Rule powers of municipalities within those counties;
and
WHEREAS, a majority of Florida’s municipalities have experienced negative impacts to
infrastructure, housing stock and employment base from a series of natural disasters;
higher than expected increases in the cost of building products; double-digit increases
in the cost of property insurance; and inequities in the existing property-tax system; and
WHEREAS, Florida’s continuing population increase has presented a challenge to
cities struggling to meet the infrastructure needs required to accommodate new growth
and development without an infrastructure revenue source dedicated to municipalities;
and
WHEREAS, various proposed revisions to the property-tax system would have
substantial adverse impacts for all municipalities in Florida should they be adopted; and
WHEREAS, Florida’s municipalities are dependent on other governmental entities for
financial stability and under the current system the state, counties, and school districts,
control all funding sources authorized for implementing capital improvements and
complying with concurrency requirements; and
WHEREAS, Gov. Charlie Crist and Florida’s House and Senate leaders have an
opportunity to address the unique concerns of municipalities during the upcoming 2007
legislative session.
NOW, THEREFORE, BE IT RESOLVED BY BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That the City of Clearwater urges Gov. Charlie Crist and members of the
Florida legislature to support legislation during the 2007 legislative session that:
• Restores and maintains municipal Home-Rule authority for municipalities located within
charter counties;
Attachment number 1
Page 1 of 2
Resolution No.07-04 2
• Supports a tax structure that is fair and equitable, and is competitively neutral and
allows municipalities the flexibility to provide adequate services in their communities.
• Preserves the dedicated documentary stamp fees as a funding source for the State and
Local Government Housing Trust Find (Sadowski Trust Fund), eliminates the cap
placed on fund distribution, and prohibits any of these trust fund dollars from being
diverted to the General Revenue Fund.
• Provides a comprehensive and uniform workers’ compensation system for all municipal
employees, regardless of employee classification, at a reasonable cost to employers.
• Provides a dedicated and recurring source of revenue, including municipal local-option
fuel taxes, rental-car surcharges, or other taxes or fees, for municipalities to fund
transportation projects such as TRIP, urban arterial and other projects. Furthermore,
the existing distribution formula for local-option transportation taxes imposed by a
county should be revised to allow for a more equitable distribution to municipalities and
provides for indexing of local-option fuel taxes.
• Requires legislative authorization prior to the Florida Department of Transportation
removing or delaying any project that is contained in the FDOT Five-Year Work Plan.
• Preserves municipal authority to franchise cable and video services.
Section 2. That a copy of this resolution shall be provided to Gov. Charlie Crist, Senate
President Ken Pruitt, House of Representatives Speaker Marco Rubio and members of the
Florida Legislature
PASSED AND ADOPTED this _______ day of _____________, 2007.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve agreement with Alcalde and Fay to provide lobbying services at the federal level from 1/1/2007 to 12/31/2012 at a cost of
$6,500 per month, plus expenses estimated at $3,000 per year With increases of the CPI in the Third and fifth year of the contract and
authorize the appropriate officials to execute same. (consent)
SUMMARY:
Lobbying services are needed to assist the City in pursuing funding and favorable legislation at the federal level. An RFP (Request for
Proposal) was released to select a provider of these services. Responses were received from Alcalde and Fay, Cavarocchi Ruscio Dennis
Association, Russ Reid Company, MWW Group, and Van Scoyoc Associates. The evaluation committee of the City Clerk, Assistant
City Manager, Finance Director, and City Attorney reviewed the written proposals on November 27, 2006 and presentations from
Alcalde and Fay and MWW Group on November 30, 2006. The committee determined Alcalde and Fay the most responsive to the
criteria established in the RFP. Selection criteria were: Overall Quality, Experience, Qualifications, Reference Reports, and Cost for
Services. Alcalde and Fay have been the City's federal lobbyist since 1998 and the City has been very satisfied with their services.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$58,500 Annual Operating Cost:$81,000
Not to Exceed:Total Cost:$500,000
For Fiscal Year:2007 to 2012
Appropriation Code Amount Appropriation Comment
010-09700-530100-513-000 $500,000
Bid Required?:Yes Bid Number:RFP 06-
07
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
AGREEMENT
THIS AGREEMENT is made and entered into on this _____ day of ______________
2007, by and between THE CITY OF CLEARWATER, FLORIDA (hereinafter referred to
as the “CITY”), and ALCALDE AND FAY (hereinafter referred to as the ‘SERVICE
PROVIDER”) for a period of six years beginning January 1, 2007 to December 31, 2012.
WITNESSETH
WHEREAS, the CITY desires to obtain the assistance of the SERVICE PROVIDER
with respect to legislative and administrative matters at the federal level, and
WHEREAS, the SERVICE PROVIDER is uniquely qualified to provide such
assistance.
NOW, THEREFORE, and in consideration of the promises and the mutual covenants herein
contained, the parties hereto agree as follows:
Responsibilities of the Service Provider
The SERVICE PROVIDER shall:
1. Meet with the City Manager or his designee(s) at mutually agreed upon times with
respect to federal executive and legislative actions having a bearing on the CITY’s fiscal
and programmatic interests;
2. Implement the CITY’s federal legislative agenda;
3. Establish and maintain working relationships with the executive and legislative branches
of the federal government that will enhance the CITY’s position with respect to:
a. Financial assistance applications,
b. Regulatory procedures,
c. Legislation,
d. Budget authorizations and appropriations,
e. Grant efforts and grant opportunities having applicability to City’s priorities,
f. Other areas as directed.
4. Represent the CITY at Washington, D.C. area conferences or meetings as requested;
and
5. Provide to the CITY monthly invoices for payment and routine written progress reports
detailing the services that have been rendered in this AGREEMENT
Attachment number 1
Page 1 of 3
Responsibilities of the CITY
The CITY shall:
1. Meet with the SERVICE PROVIDER and provide guidance with respect to the provision of
services;
2. Formulate and develop a legislative agenda, which shall be updated regularly, that will
facilitate the SERVICE PROVIDER in the performance of his duties; and
3. Provide relevant documents, correspondence and such published materials as may
facilitate the provision of services.
Terms of Payment by the CITY
The CITY shall pay the SERVICE PROVIDER a monthly retainer not to exceed
$6,500, in addition to $3,000 per year for out-of-pocket expenses as determined by the City
Manager or designee, including travel, postage, courier, copies, and long distance telephone
calls. At the beginning of the 3rd and 5th year of the contract, the monthly retainer will be
adjusted by the CPI for the previous year. Payment shall be made on a monthly basis, upon
submission of invoice and progress reports, as per “Responsibilities of the SERVICE
PROVIDER,” Paragraph 5.
Professional Independence of the SERVICE PROVIDER
It is understood and agreed that the SERVICE PROVIDER is not an agent, employee
or representative of the CITY or any of its agencies. The SERVICE PROVIDER is, as shall
remain, an independent professional with respect to all services performed under this
AGREEMENT. No partnership relationship between the CITY and the SERVICE PROVIDER
is created or intended by this AGREEMENT. No associate or employee of the CITY for any
purpose whatsoever.
Indemnification and Hold Harmless
The SERVICE PROVIDER shall hold harmless, indemnify, and defend the CITY
against any claim, action, loss, damage, injury, cost or expense of whatsoever kind of nature
including, but no way of limitation, attorney “fees and court costs arising out of bodily injury,
personal injury, damage to tangible property or claims arising out of incidental to the
performance of this CONTRACT, whether or not due to or caused in part by the negligence of
other culpability of the CITY, excluding only the sole negligence or culpability of the CITY.”
The following shall be deemed to be indemnities” The CITY of Clearwater, Florida, its
employees, members, officers, and agents.
Attachment number 1
Page 2 of 3
Cancellation or Termination
Either the SERVICE PROVIDER or the CITY shall have the right to terminate this
AGREEMENT, in whole or in part, upon 30 calendar days prior written notice by registered
mail.
Conflict of Interest
The SERVICE PROVIDER agrees to abide and be governed by Florida Statutes and
CITY Rules which may have a bearing on the services involved in this AGREEMENT,
including but not limited to, those affecting conflict of interest.
Paragraph Headings
The paragraph headings appearing herein shall not be deemed to govern, limit, modify
or in any manner, affect the scope, meaning or intent of the provisions of this AGREEMENT.
No representations or warranties shall be binding upon either party unless expressed in
writing herein.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed
by their respective and duly authorized officers the day and year first above written.
Countersigned: CITY OF CLEARWATER, FLORIDA
____________________ By: ________________________
Frank V. Hibbard William B. Horne
Mayor City Manager
Approved as to form: Attest:
________________________ ________________________
Pam Akin Cynthia E. Goudeau
City Attorney City Clerk
ALCALDE AND FAY
By: ________________________
Hector Alcalde
President and CEO
Attachment number 1
Page 3 of 3
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Authorize settlement of Franco v. City of Clearwater, Case Number 04-2644-CI-15, for $90,000.00. (consent)
SUMMARY:
This case arises from an incident that occurred on July 4, 2002, at the Courtney Campbell Recreation area located on the Courtney-
Campbell Causeway in Clearwater, Florida. Juan Franco, 12 years old, was struck in his left eye by a “bottle rocket” set off by an
unidentified person. This lawsuit was instituted by the parents of Juan Pablo Franco for injuries he received in this accident.
Plaintiff’s injuries include:
Ø Permanent loss of useful vision in left eye
Ø Traumatic maculopathy with pigmentation
Ø Posterior subcapsular cataract.
Ø Glaucoma suspect
His physician, a board certified ophthalmologist, has rated the permanent physical impairment from injuries received in the accident as
follows:
Ø Left eye – vision permanently reduced to finger counting
Ø Loss of left eye useful vision equates to a 24% loss of the “whole body.”
Plaintiff has incurred $19,214.70.00 in medical bills to date and is expected to incur future medical expenses of an unknown amount.
The settlement agreement would provide that the City would pay the sum of $90,000.00, in exchange for full releases and dismissal of
the case with prejudice.
Type:Other
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$90,000 Annual Operating Cost:0
Not to Exceed:$90,000 Total Cost:$90,000
For Fiscal Year:10/01/06 to 09/30/07
Appropriation Code Amount Appropriation Comment
590-07000-545900-519000 $90,000
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo
Page 1 of 2
GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS; that the undersigned, LUZ MERY
SWEETING, formerly LUZ MARY CERON, Individually and as Parent and Natural Guardian of
JUAN PABLO FRANCO, for and in consideration of the sum of Ninety Thousand Dollars
($90,000.00), the receipt and sufficiency of which is hereby acknowledged, does hereby and by
these presents, for themselves, their heirs, executors, administrators, representatives, successors,
and assigns, fully acquit, release and forever discharge CITY OF CLEARWATER, its employees,
commissioners, representatives, successors and assigns of and from any and all claims, demands,
damages, costs, attorneys' fees, actions and causes of action whether rising at law or in equity which
they had, may now have, or may hereafter have against the City of Clearwater, concerning any and
all claims arising out of the occurrences described in that certain lawsuit pending in the Sixth
Judicial Circuit of Florida, in and for Pinellas County, Florida, styled RICARDO FRANCO and
LUZ MERY CERON, Individually and as Parents and Natural Guardians of Juan Pablo Franco,
a minor child, v. CITY OF CLEARWATER and PROGRESSIVE EXPRESS INSURANCE
COMPANY, Case No. 04-2644-CI-15.
IT IS UNDERSTOOD that the acceptance by the undersigned of the aforesaid
consideration and execution and delivery of this Release is not to be considered an admission of
liability on the part of City of Clearwater, but is in full settlement and compromise of disputed
claims which the undersigned has against the City of Clearwater.
IT IS FURTHER UNDERSTOOD that all medical bills and amounts owed to health care
providers and others arising from the incident have been paid or will be paid from the proceeds of
this settlement and the undersigned agrees to fully indemnify and hold harmless all parties hereby
Attachment number 1
Page 1 of 2
Page 2 of 2
released from any claims, past or future, for services of any supplier of medical or rehabilitative
services, equipment, medicine or of any health care provider.
THE UNDERSIGNED FURTHER REPRESENT that they have read and understand
this General Release, and specifically understand that this is a General Release of all claims.
SIGNED AND SEALED this _______ day of _____________, 2007.
(CAUTION: READ BEFORE SIGNING)
______________________________
Witness Juan Pablo Franco
______________________________
Luz Mery Sweeting
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME the undersigned authority personally appeared Juan Pablo Franco and Luz
Mery Sweeting, to me well known to be the same persons described in the above instrument, or
who have produced ______________________________________as identification, and they
acknowledged to me that they executed same for the uses and purposes stated therein.
SWORN TO AND SUBSCRIBED before me this _______ day of ___________, 2007.
Notary Public
______________________
(Print or type name)
My Commission expires:
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Continue Second Reading of Ordinance 7723-07 – Amendments to the Community Development Code to make the Tourist “T” District
consistent with Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines to February 15,
2007.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Continue Second Reading of Ordinance 7721-07 – Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, revising the Marina Residential District provisions to February 15, 2007.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Continue Second Reading of Ordinance 7725-07 - Amending the Community Development Code relating to occupational licenses to
February 15, 2007.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7769-07 on second reading, repealing Ordinance 7613-06 in its entirety and vacating a portion of Section 9, Township
29 South, Range 15 East, being a part of the existing right-of-way of Osceola Avenue and a portion of an alley lying north of Lots 2 and
3 of Jones Subdivision of Nicholson's Addition to Clearwater Harbor, three drainage and utility easements and one ingress/egress
easement, subject to applicant fulfilling enumerated obligations, conditions and requirements.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
ORDINANCE NO. 7769-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, REPEALING ORDINANCE NO. 7613-06 IN ITS
ENTIRETY; VACATING A PORTION OF SECTION 9,
TOWNSHIP 29 SOUTH, RANGE 15 EAST, BEING A PART
OF THE EXISTING RIGHT-OF-WAY OF OSCEOLA
AVENUE AND A PORTION OF AN ALLEY LYING NORTH
OF LOTS 2 AND 3 OF JONES SUBDIVISION OF
NICHOLSON’S ADDITION TO CLEARWATER HARBOR;
THREE DRAINAGE AND UTILITY EASEMENTS AND ONE
INGRESS/EGRESS EASEMENT; SUBJECT TO APPLICANT
FULFILLING ALL OBLIGATIONS, CONDITIONS AND
REQUIREMENTS DESCRIBED HEREIN; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Triangle Old Bay Holding, LLC owners of real property located in the
City of Clearwater, have requested that the City vacate three drainage and utility
easements, one ingress/egress easement described herein and a portion of Osceola
Avenue right-of-way as legally described and depicted in Exhibit A (“Parcel Three”)
attached hereto; and
WHEREAS, in consideration of the City vacating Parcel Three, Applicant agrees to
simultaneously convey to the City of Clearwater unencumbered insured title in and to
Parcel Two as legally described and depicted in Exhibit B attached hereto; and
WHEREAS, the Clearwater City Council finds that said right-of-way as described in
Exhibit A is not necessary for municipal use as same shall be replaced by lands described
in Exhibit B as replacement for Osceola Avenue right-of-way upon conveyance by
Applicant; and
WHEREAS, Ordinance No. 7613-06 was adopted on May 4, 2006, and the
Applicant failed to meet the obligations and requirements described therein; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Ordinance No. 7613-06 is hereby repealed in its entirety.
Section 2. The Applicant has requested the vacation of the following:
A portion of Section 9, Township 29 south, Range 15 east, Pinellas County, Florida,
being the existing right-of-way of Osceola Avenue and a portion of an alley lying north of
Lots 2 and 3 of Jones Subdivision of Nicholson’s Addition to Clearwater Harbor as
recorded in Plat Book 1, Page 13 of Hillsborough County, Florida, of which Pinellas
Ordinance No. 7769-07
Attachment number 1
Page 1 of 4
County was formerly a part, being more particularly described as follows:
Commence at the northeast corner of said Lot 1 of Jennie Cates subdivision, also being
the intersection of the southerly right-of-way line of Georgia Street and the Westerly
right-of-way line of North Fort Harrison Avenue thence along the southerly right-of-way
line of Georgia Street S 88° 40’ 45” W, 212.46 feet to the Point of Beginning; thence
along the easterly right-of-way line of Osceola Avenue, S 00° 19’ 25”E, 333.32 feet;
thence N 89° 49’ 02” E, 49.23 feet; thence along the westerly boundary of a vacated
alley per O.R. Book 7546, Page 607, S 01° 01’ 42” E, 12.50 feet; thence S 89° 53’ 10”
W, 66.67 feet to a non-tangent curve concave northwesterly, having a radius of 45.00
feet; thence southwesterly along said curve and said easterly right-of-way line of
Osceola Avenue, 15.74 feet through a central angle of 20° 02’ 38” (chord bearing S 49°
19’ 36” W 15.66 feet); thence S 00° 04’ 22” E, 12.90 feet; thence S 79° 39’ 30” W.,
80.02 feet; thence S 00° 47’ 26” E, 12.31 feet; thence N 89° 44’ 18” W, 15.03 feet;
thence S 00° 50' 40" W, 24.00 feet; thence N 89° 44' 18" W, 40.00 feet; thence along
the westerly right-of-way line of said Osceola Avenue by the following three courses: 1 –
N 00° 50’ 40” E, 83.79 feet; 2 – thence N 89° 58’ 45” E, 121.94 feet; 3 – thence N 00°
21’ 07” W, 334. 58 feet; thence along the southerly right-of-way line of said Georgia
Street, N 88° 40’ 45” E, 40.02 feet to the point of beginning; and
Vacate the easement retained over the full width of a vacated alley, (said vacation
recorded in O.R. Book 7270, Page 1731 of the Official Records of Pinellas County,
Florida) described as the 10-foot North/South alley lying West of Lots 1-3, inclusive, and
East of Lots 4-7, inclusive, A.B. and Jennie Cates Subdivision as recorded in Plat Book
1, Page 64 of the Official Records of Pinellas County, Florida; and
Vacate the drainage and utility easement retained over the full width of a vacated alley
portion, (said vacation recorded in O.R. Book 7546, Pages 607 and 608 of the Official
Records of Pinellas County, Florida) described as that portion of the East-West alley
lying north of and adjacent to the original boundary of Lot B, Bergens Replat , according
to the plat or map thereof, as recorded in Plat Book 26, Page 41 of the Official Records
of Pinellas County, together with that portion of the East-West alley lying North of and
adjacent to the easterly 1/3 of Lot 3, Block 2, Jones Subdivision of Nicholson’s Addition
to Clearwater Harbor, as recorded in Plat Book 1, Page 13, of the Official Records of
Hillsborough County, Florida, of which Pinellas County was once a part, less and except
the West 25 feet thereof; and
Vacate the easement retained over the full width of a vacated alley (said vacation
recorded in O.R. Book 7519, Pages 329 and 330 of the Official Records of Pinellas
County, Florida) described as the 15-foot North-South alley lying along the West 15 feet
of Lots A and B, Bergens Replat as recorded in Plat Book 26, Page 41 of the Public
Records of Pinellas County, Florida; and
Vacate the Ingress Egress easement, (recorded in O.R. Book 7540, Pages 275-278),
described as a parcel of land located in Section 9, Township 29 South, Range 15 East,
Ordinance No. 7769-07 2
Attachment number 1
Page 2 of 4
being more particularly described as: Commence at the northeast corner of lot 9 of
Bergens Replat, as recorded in Plat Book 25, Page 41 of the Public Records of Pinellas
County, Florida; thence South (S 00° 22’ 10” E Platted Bearing), along the westerly
right-of-way line of North Fort Harrison Avenue (a 55 foot right-of-way), a distance of
7.10 feet to the Point of Beginning; thence continue south 24.00 feet; thence leaving
said right-of-way N 89° 49’ 47” W, a distance of 134.65 feet; thence N 40° 53’ 26” W, a
distance of 41.25 feet to the Southerly line of an alley; thence north, a distance of 12.47
feet to the northerly line of said alley; thence S 89° 58’ 02” E along said northerly line a
distance of 6.00 feet; thence leaving said line S 53° 55’ 58” E, a distance of 33.40 feet;
thence S 89° 49’ 47” E, a distance of 128.65 feet, to the Point of Beginning; subject to
conditions.
:
The vacation of the above-described properties shall become effective upon the occurrence of
the following:
1) Unencumbered title in and to the new 50-foot right-of-way of Osceola Avenue described
as “Parcel Two”, Exhibit B attached, is conveyed to the City of Clearwater by Warranty Deed,
with title therein insured for not less than $400,000 by a nationally recognized underwriter of Title
Insurance authorized to conduct business in the State of Florida.
2) Applicant has completed a temporary road subject to City of Clearwater inspection and
approval, parallel to Fort Harrison, available for use by emergency vehicles.
3) Applicant has provided to the City of Clearwater a Letter of Credit (LOC) or Performance
Bond in an amount of not less than $1,000,000 said LOC/Bond to be used to assure
construction and completion of the new Osceola Avenue improvements on Parcel Two, as
provided FLD2006-05030 approved by the Community Development Board on Nov. 21,
2006.
4) Applicant shall relocate all existing utilities lying within the portion of Osceola Avenue
herein vacated (Parcel Three) to the satisfaction of the owners of said utilities and at the sole
expense of said Applicant.
Section 3. Within eighteen months of the adoption of the ordinance, Applicant shall
have obtained all necessary permits and commenced construction on the new Osceola Avenue.
Within two (2) years of the date of adoption of this ordinance and prior to the issuance of a
certificate of occupancy for any portion of Applicant’s property, Applicant shall have completed
all improvements to the new Osceola Avenue (Parcel Two) in accordance with all City of
Clearwater construction standards and the plans provided in FLD2006-05030 approved by the
Community Development Board on Nov. 21, 2006. In the event Applicant fails to commence
or complete the improvements as provided herein, the City of Clearwater may draw upon the
Letter of Credit/Performance Bond in accordance with its terms, to complete right-of-way
improvements.
Ordinance No. 7769-07 3
Attachment number 1
Page 3 of 4
Section 4. This ordinance shall take effect upon adoption.
Section 5. If all conditions precedent to the vacations becoming effective are not met
within one hundred and eighty (180) days following adoption of this Ordinance, this Ordinance
shall thereafter be null and void in all respects as though never adopted, and the City Clerk shall
thereafter record a Notice of Failure to Meet Conditions to that effect in the public records of
Pinellas County, Florida.
Section 6. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED _________________________
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
______________________________ _______________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Ordinance No. 7769-07 4
Attachment number 1
Page 4 of 4
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7787-07 on second reading, amending Chapter 22, Article II, Section 22.21 of the City of Clearwater Code of
Ordinances regarding Parks Rules as it relates to adding a definition for “organized activities”, amending section 22.49 as it relates to
dangerous games and adding two subsections.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 7787-07
ORDINANCE NO. 7787-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 22, ARTICLE II, SECTION 22.21,
DEFINITIONS, ADDING A DEFINITION FOR “ORGANIZED
ACTIVITIES”, AMENDING SECTION 22.49, DANGEROUS
GAMES, ADDING SUBSECTION (A) PROVIDING THAT
POTENTIALLY DANGEROUS ORGANIZED ACTIVITIES BE
CONDUCTED IN AREAS SET ASIDE FOR THAT PURPOSE,
AND ADDING SUBSECTION (B) PROVIDING THAT
POTENTIALLY DANGEROUS INFORMAL ACTIVITIES BE
CONDUCTED IN AREAS SET ASIDE FOR THAT PURPOSE
WHEN SAFETY CONCERNS TO ANY PERSON RESULT
THEREFROM, PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Clearwater Code of Ordinances currently provides that no person
or persons shall engage in rough or potentially dangerous games on any public bathing
beach or park property except in the areas set aside for that purpose; and
WHEREAS, the intent of the Code section limiting dangerous games was not to
prevent the use of beaches and parks for the enumerated activities in all cases, but only in
the instance where such activity is of an organized nature or where a genuine safety
concern results;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 22.21. Definitions, Clearwater Code of Ordinances, is
amended to add the following:
Section 22.21 Definitions.
Organized Activity means any planned recreational activity or game having
formal organization or structure, or any activity or game affiliated with membership in an
organization such as a school or social organization. Organized Activity shall not mean
informal or casual “pick-up” recreational activity or games, occurring without regularity
or occurring spontaneously or by chance.
Section 2. Section 22.49. Dangerous Games, Clearwater Code of Ordinances,
is amended to read as follows:
Attachment number 1
Page 1 of 2
Ordinance No. 7787-07 2
Section 22.49. Organized Activities or Potentially Dangerous Games.
(a) No person or persons shall engage in rough or potentially dangerous
games or practice for such games Organized Activity such as football,
baseball, softball, horseshoes, tennis, volleyball, badminton, or any other
games, practices or exercise Organized Activity involving thrown or
otherwise propelled objects such as balls, stones, arrows, javelins,
shuttlecocks, frisbees, model aircraft or roller skates on any public bathing
beach or park property except in areas set aside for that purpose.
(b) No person or persons shall engage in rough or potentially dangerous
informal activity, games or practice for such games such as football,
baseball, softball, horseshoes, tennis, volleyball, badminton, or any other
games, practices or exercise involving thrown or otherwise propelled
objects such as balls, stones, arrows, javelins, shuttlecocks, frisbees,
model aircraft or roller skates on any public bathing beach or park
property except in the areas set aside for that purpose when such activity
presents a threat of injury or loss of life to any person.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Laura Lipowski Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7724-07 on second reading, approving amendments to the Code of Ordinances relating to occupational licenses.
SUMMARY:
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Clerk
Cover Memo
Ordinance No. 7724-07
ORDINANCE NO. 7724-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OCCUPATIONAL LICENSES; AMENDING
PROVISIONS OF THE CODE OF ORDINANCES; AMENDING CODE
OF ORDINANCES SECTIONS 6.25, 7.41, 7.43, AND 7.44 TO
CHANGE TERM “OCCUPATIONAL LICENSE” TO “BUSINESS TAX
RECEIPT”; REPEALING AND RESERVING ALL OF CHAPTER 9,
BATHHOUSES AND MASSAGE ESTABLISHMENTS; AMENDING
SECTIONS 25.021, 25.051, 25.052, 25.053, 25.054, 25.055, 25.056,
25.057, 25.073, 25.131, 25.135, 25.137, 25.173, AND 28.04 TO
CHANGE TERM “OCCUPATIONAL LICENSE” TO “BUSINESS TAX
RECEIPT”; AMENDING CHAPTER 29, TAXATION AND OTHER
FEES, ARTICLE II; AMENDING SECTION 29.21 TO CHANGE TERM
“OCCUPATIONAL LICENSE” TO “BUSINESS TAX RECEIPT” AND
TO PROVIDE THAT PROOF OF CERTAIN STATE LICENSURE AND
OTHER REQUIREMENTS IS NECESSARY IN ORDER TO OBTAIN A
BUSINESS TAX RECEIPT; REPEALING AND RESERVING
SECTIONS 29.22 AND 29.33; AMENDING SECTION 29.24 TO
CHANGE TERM “OCCUPATIONAL LICENSE” TO “BUSINESS TAX
RECEIPT” AND TO ADD CERTAIN DEFINITIONS; AMENDING
SECTION 29.26 TO CHANGE TERMINOLOGY; AMENDING
SECTION 29.27 TO CHANGE TERMINOLOGY, TO PROVIDE FOR
ALTERNATIVE BACKGROUND CHECKS AND TO REQUIRE
BUSINESSES USING CONTRACTORS, SUBCONTRACTORS OR
OTHER AUXILIARY BUSINESSES TO OBTAIN AND MAINTAIN
RECORDS OF SUCH, AND PROVIDING THAT PERFORMANCE OF
THE SERVICE, OCCUPATION OR BUSINESS SHALL NOT BE
MAINTAINED UNTIL SUCH RECORDS ARE OBTAINED; AMENDING
SECTION 29.28 TO CHANGE TERM”OCCUPATIONAL LICENSE” TO
“BUSINESS TAX RECEIPT” AND ADD PROVISIONS REGARDING
PROOF, MAINTENANCE, AND SUBCONTRACTORS; AMENDING
SECTION 29.29 TO CHANGE TERM “OCCUPATIONAL LICENSE”
TO “BUSINESS TAX RECEIPT” AND TO CHANGE OTHER
TERMINOLOGY; AMENDING SECTION 29.30 TO CHANGE TERM
“OCCUPATIONAL LICENSE” TO “BUSINESS TAX RECEIPT” AND
TO PROVIDE FOR DISPLAY AND POSSESSION OF THE
BUSINESS TAX RECEIPT; AMENDING SECTION 29.31 TO
CHANGE TERM “OCCUPATIONAL LICENSE” TO “BUSINESS TAX
RECEIPT” AND TO CHANGE OTHER TERMINOLOGY; AMENDING
SECTIONS 29.32, 29.33, 29.35, 29.36, 29.43, 29.45, 29.48, 29.50,
29.52, 29.54, 29.55, 29.56, AND 33.022 TO CHANGE TERM
“OCCUPATIONAL LICENSE” OR “LICENSE” TO “BUSINESS TAX
RECEIPT”; AMENDING SECTIONS 29.34, 29.37, 29.38, 29.39, 29.40,
29.41, 29.44, 29.47, 29.49, 29.53, AND 29.57 TO CHANGE TERM
Attachment number 1
Page 1 of 60
Ordinance No. 7724-07
2
“OCCUPATIONAL LICENSE” OR “LICENSE” TO “BUSINESS TAX
RECEIPT AND TO MAKE CERTAIN OTHER HOUSEKEEPING
AMENDMENTS; AMENDING SECTION 29.41 TO CHANGE TERM
“OCCUPATIONAL LICENSE” TO “BUSINESS TAX RECEIPT”, TO
CHANGE OTHER TERMINOLOGY, AND TO CLARIFY CERTAIN
REQUIREMENTS REGARDING EXOTIC DANCERS; AMENDING
SECTION 29.42 TO PROVIDE PROCEDURES FOR PROVISIONAL
AND EMERGENCY ISSUANCE; REPEALING AND RESERVING
SECTION 29.51; AMENDING SECTION 29.58 TO PROVIDE FOR
CERTAIN TRANSITIONAL RULES; ADDING SECTION 29.59 TO
PROVIDE THAT CERTAIN ACTIVITIES CONDUCTED WITHIN THE
CITY OF CLEARWATER SHALL CONSTITUTE PRIMA FACIE
EVIDENCE OF OPERATING A BUSINESS WITHOUT A BUSINESS
TAX RECEIPT; AMENDING APPENDIX A, SCHEDULE OF FEES,
RATES AND CHARGES, V. BUILDINGS AND BUILDING
REGULATIONS (§47.087) TO CHANGE TERM “OCCUPATIONAL
LICENSE” TO “BUSINESS TAX RECEIPT”, TO ADD, OMIT AND
CLARIFY CERTAIN CATEGORIES, TO REPEAL SUBSECTION XX.,
TO RENUMBER CATEGORIES, TO REQUIRE APPROVALS FROM
CERTAIN CITY DEPARTMENTS, TO REVISE THE REQUIREMENTS
RELATING TO CERTAIN FEES; PROVIDING AN EFFECTIVE DATE.
Section 1. Chapter 6, Alcoholic Beverages, Article II, Division 1, Code of
Ordinances, is amended to read:
* * * * * *
Sec. 6.25. Business tax receipt occupational license required.
All alcoholic beverage establishments in the city shall obtain a business tax
receipt be licensed in accordance with the applicable requirements of state law and
of the county. For the purpose of obtaining a state license, the owner of the
establishment shall obtain a statement of zoning compliance from the development
code administrator following conditional use approval.
* * * * * *
Section 2. Chapter 7. Amusements, Article II, Division 2, Code of Ordinances, is
amended to read:
Sec. 7.41. Required.
It shall be unlawful for any operator to own, operate, manage, lease or control
in the city any coin-operated or token-operated amusement machine, device or
game until such operator has paid to the city an business occupational license tax
Attachment number 1
Page 2 of 60
Ordinance No. 7724-07
3
and obtained an business tax receipt occupational license as provided in section
29.58.
* * * * * *
Sec. 7.43. Investigation before issuance.
Before the issuance of any business tax receipt occupational license for four
or more coin-operated amusement devices or games, the city manager shall
determine that the operator, if an individual applying for the permit, or that the
officers and directors, if a corporation applying for the permit, have not been a party
to the maintenance of any nuisance, directly or indirectly, in the city for the preceding
two years, or if the individual, corporate officers or directors applying have been
convicted of a felony, involving moral turpitude, either in the state or elsewhere.
Sec. 7.44. Revocation, re-issuance.
Upon the chief of police notifying an operator of a business that has been
issued a business tax receipt occupational license licensed pursuant to article II of
chapter 29 that any location where the operator has any coin-operated amusement
device or game is creating a nuisance, the taxpayer licensee shall, within a period of
five days, rectify the conditions satisfactorily to the chief of police; and upon the
failure to do so, the city commissioners, upon the recommendation of the chief of
police, and after a hearing for which the operator has been given not less than three
days' notice and has an opportunity to appear and be heard, may revoke and cancel
the business tax receipt occupational license issued for that particular location.
Upon the ceasing of the nuisance, upon application, a new business tax receipt
occupational license may be issued and the new business tax receipt occupational
license shall be subject to this section.
Section 3. Chapter 9. Bathhouses and Massage Establishments, Articles I, II, and
III, Code of Ordinances, is revoked, reserved and amended to read:
CHAPTER 9. Reserved.
Chapter 9 BATHHOUSES AND MASSAGE ESTABLISHMENTS*
ARTICLE I. IN GENERAL
Sec. 9.01. Definitions.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Attachment number 1
Page 3 of 60
Ordinance No. 7724-07
4
Bath means any method of washing or cleansing of the structure of the
human body or any external part thereof with water or other liquid, vapor or steam,
including but not limited to steam rooms, cabinet baths, sauna baths, sitz baths,
colon irrigations, showers and baths of all kinds.
Bathhouse means any establishment having a fixed place of business where
baths are administered or where any person engages in, carries on or permits to be
engaged in or carried on any or all of the activities mentioned in the definition of
bath, provided that nothing in this section contained shall be construed to include a
duly licensed hospital, nursing home, medical clinic, physician, surgeon, physical
therapist, chiropractor, osteopath, naturopath, podiatrist, or persons holding a
drugless practitioner's certificate under the laws of this state. Furthermore, this
definition shall exclude from its operation barbershops and beauty salons (i.e., duly
licensed barbers and cosmetologists) in which baths are administered only to the
scalp, the face, the neck or the shoulders.
Bath technician means any person who for any consideration whatsoever
administers a bath to another person at a bathhouse.
Co-owner means any and all persons listed by an applicant pursuant to
section 9.32(5).
Employee means any person other than a bath technician who renders any
service to a patron in connection with the operation of a bathhouse and who
receives compensation directly or indirectly from the operator or owner of the
bathhouse or its patrons.
Licensed massage therapist means a person licensed or required to be
licensed by F.S. ch. 480, as may be amended from time to time, who administers
massage for compensation, whether such person is actually licensed or not.
Massage means as set forth in F.S. § 480.033, as may be amended from
time to time.
Massage apprentice means apprentice as defined by F.S. § 480.033, as may
be amended from time to time.
Massage establishment means a site or premises or portion thereof wherein a
licensed massage therapist practices massage.
Patron means any person who receives a bath at a bathhouse, upon payment
of money or other consideration therefor.
Recognized school means a board-approved massage school as defined by
F.S. § 480.033, as may be amended from time to time.
Sexual or genital parts shall mean the genitals, pubic area, buttocks, anus,
perineum or the vulva of any person. With regard to the breasts of a female, sexual
part shall mean the nipple or the pigmented portion adjacent thereto, otherwise
referred to as the areola.
Attachment number 1
Page 4 of 60
Ordinance No. 7724-07
5
Sec. 9.02. Provisions relating to licensing.
Except as otherwise provided in this article, the provisions of chapter 29,
article II, relating to occupational licenses shall apply to massage establishments,
bathhouses, licensed massage therapists, massage apprentices and bath
technicians.
ARTICLE II. BATHHOUSES
DIVISION 1. GENERALLY
Sec. 9.21. Right of license inspector to enter.
The license inspector is hereby authorized to enter, examine and survey any
premises for which a permit has been issued pursuant to this division, during
business hours, to enforce the provisions of this chapter.
Sec. 9.22. Posting of chapter provisions.
Every person owning, operating or managing a bathhouse shall post a copy
of this chapter in a conspicuous place in the bathhouse so that it may be readily
seen by persons entering the premises.
Sec. 9.23. Operating requirements.
No bathhouse shall be operated, maintained, established or conducted within
the city unless such bathhouse shall comply with the following:
(1) The premises shall have adequate equipment for disinfecting and
sterilizing non-disposable instruments and materials used in
administering baths. Such non-disposable instruments and materials
shall be disinfected and sterilized after use on each patron.
(2) Closed cabinets shall be provided and used for the storage of
clean linens, towels and other materials used in connection with
administering baths. All soiled linens, towels and other materials shall
be kept in properly covered containers or cabinets, which containers or
cabinets shall be kept separate from the clean storage areas.
(3) Clean linens and towels shall be provided for each patron. No
common use of towels or linens shall be permitted.
(4) All bathhouse tables, bathtubs, shower stalls, steam or bath areas
and floors shall have surfaces which may be readily disinfected.
(5) Adequate bathing, dressing, locker and toilet facilities shall be
provided for the number of patrons to be served at any given time. If
male and female patrons are to be served simultaneously, separate
Attachment number 1
Page 5 of 60
Ordinance No. 7724-07
6
bathing, dressing, locker, and toilet facilities shall be provided.
Separate toilet and lavatory facilities shall be maintained for personnel.
Doors to all dressing rooms shall be self-closing.
(6) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. Wet and dry heat rooms, steam or
vapor rooms, steam or vapor cabinets, shower compartments and
toilet rooms shall be thoroughly cleaned each day the business is in
operation. Bathtubs and showers shall be thoroughly cleaned after
each use. When carpeting is used on the floors, it shall be kept dry.
(7) The premises shall be equipped with a service tank for custodial
services.
(8) The eating of food or the consuming of alcoholic beverages in the
bath work areas shall not be permitted.
(9) Animals, except Seeing Eye dogs, shall not be permitted in the
bath work areas.
(10) All employees and bath technicians shall wear clean outer
garments whose use shall be restricted to the bathhouse, and in
addition, such employees and bath technicians shall at all times during
normal working hours at the bathhouse, conceal, with a fully opaque
covering, the sexual or genital parts of their bodies.
(11) All bath services shall be rendered or carried on in one work area
devoted to baths. There shall be no separate or individual cubicles,
rooms, booths or areas set apart for private baths except that, if male
and female patrons are to be served simultaneously, two separate
work areas shall be set apart for male and female patrons. No bath
service may be rendered or carried on in a work area in such a manner
or condition that is not readily visible at all times from any place within
the same work area.
(12) The sexual or genital parts of patrons shall be covered at all
times by towels, cloths, robes, undergarments, swim trunks, swimsuits,
or other similar fully opaque materials while in the presence of an
employee or bath technician.
Sec. 9.24. Unlawful conduct.
(1) It shall be unlawful for any bath technician, employee, patron or other
person in a bathhouse to place his hands upon, to touch with any part of his
body, to fondle in any manner, or to massage or bathe a sexual or genital part
of any bath technician, employee, patron or other person.
(2) It shall be unlawful for any bath technician, employee, patron or other
person in a bathhouse to expose his sexual or genital parts or any portion
thereof to any other bath technician, employee, patron or other person. It shall
Attachment number 1
Page 6 of 60
Ordinance No. 7724-07
7
also be unlawful for any bath technician, employee, patron or other person in
a bathhouse to expose the sexual or genital parts or any portion thereof of
any other bath technician, employee, patron or other person.
(3) It shall be unlawful for any bath technician, employee, patron or other
person while in the presence of any bath technician, employee, patron or
other person in a bathhouse, to fail to conceal with a fully opaque covering,
the sexual or genital parts of such person's body.
(4) It shall be unlawful for any person owning, operating or managing a
bathhouse to knowingly cause, allow or permit in or about such bathhouse,
any agent, employee or any other person under his control or supervision to
perform such acts as are prohibited in subsections (1), (2) and (3) of this
section.
DIVISION 2. PERMITS
Sec. 9.31. Bathhouse permit--Required.
It shall be unlawful for any person to establish or operate a bathhouse within
the city without a valid, current permit issued pursuant to this division, in addition to
the occupational license required by chapter 29, article II.
Sec. 9.32. Same--Application; fee.
Any person desiring a permit to establish or operate a bathhouse within the
city shall make application therefor to the city's occupational license inspector on
forms provided for that purpose. Each bathhouse shall require a separate permit.
Each bathhouse permit application shall be accompanied by a nonrefundable fee as
prescribed in appendix A to this Code plus an additional $25.00 for each as
applicable. The following, in addition to any other information which may be required
by the license inspector, shall be furnished by each applicant at the time of
application:
(1) Name, address and telephone number of applicant;
(2) Name, address and telephone number of the location of the
bathhouse;
(3) Written proof that the applicant is at least 18 years of age;
(4) Two front face portrait photographs of the applicant at least two
inches by two inches, taken within 30 days of date of application;
(5) Characterization of type of ownership of the business, i.e.,
whether individual, partnership, corporation or otherwise, and the
names and addresses of any and all co-owners;
(6) A complete list of the names and residence addresses of all bath
technicians and employees of the bathhouse;
Attachment number 1
Page 7 of 60
Ordinance No. 7724-07
8
(7) An affidavit stating the business, occupation, profession or
employment history of the applicant for the three years immediately
preceding the date of application;
(8) An affidavit stating the full history of any criminal convictions,
excluding misdemeanor traffic violations, of the applicant and of each
co-owner.
Sec. 9.33. Same--Investigation of premises.
The license inspector of the city, before issuing any permit, shall investigate
or cause an investigation to be made of the premises named and described in the
application for a bathhouse permit for the purpose of determining whether the
bathhouse complies with the provisions of this chapter.
Sec. 9.34. Same--Issuance.
If the license inspector is fully satisfied from his investigation that the
bathhouse is in conformity with the provisions of this chapter, he shall, unless
otherwise prohibited by section 9.39, issue a permit authorizing the operation of a
bathhouse.
Sec. 9.35. Same--Suspension.
If the license inspector finds that a bathhouse, for which a permit was issued
pursuant to this division, does not conform to the standards set forth in section 9.23,
or if the permittee (or its agents or employees) has refused or hampered the license
inspector the right to immediate entry to the premises, the license inspector shall
issue a written order for the immediate suspension of the permit until such time as
he finds that the reason for such suspension no longer exists. A copy of the order
shall behand-delivered to the location of the bathhouse and posted on the main
entrance to the premises and another copy of such order shall be served on the
permittee, or on any bath technician or employee. Such order shall set forth the
reasons for suspension. No person shall operate or assist in the operation of or
patronize a bathhouse when subject to an order of suspension. Upon delivery of the
order of suspension, the bathhouse shall immediately cease operations and shall not
resume operations except on a written order of reinstatement by the license
inspector.
Sec. 9.36. Same--Expiration.
Each bathhouse permit issued pursuant to this division shall expire on the
next succeeding September 30, unless sooner suspended. A permit issued on or
after April 1 may be issued for one-half the fee otherwise applicable.
Sec. 9.37. Bath technician permit required, application, issuance, expiration.
Attachment number 1
Page 8 of 60
Ordinance No. 7724-07
9
(1) All persons who desire to perform the services of a bath technician at a
bathhouse shall:
(a) Make application therefor to the occupational license inspector on
forms provided for such purpose. Each bath technician permit
application shall be accompanied by a nonrefundable fee as
prescribed in appendix A to this Code. In addition to any other
information which may be required by the license inspector, the
following shall accompany each application:
1. Written proof that the applicant is at least 18 years of age;
2. Copy of a county health certificate issued within the 30 days
immediately preceding the date of application, except as
provided in subsection (2) of this section;
3. Sworn notarized affidavit stating the applicant's full history of
any criminal convictions excluding misdemeanor traffic
violations;
4. Two front-face portrait photographs of the applicant, at least
two inches by two inches, taken within the 30 days preceding
the date of application.
(b) As an alternative to the health certificate required by subsection
(a)2 of this section, all persons who desire to perform the services of
bath technician at a bathhouse shall first undergo a physical
examination for contagious and communicable diseases, which shall
include recognized blood tests for syphilis and acquired immune
deficiency syndrome, a culture for gonorrhea, a chest X-ray which is to
be made and interpreted by a trained radiologist acceptable to the
county health department, and such other laboratory tests, done in a
laboratory acceptable to the county health department, as may be
necessitated by the above examination, and shall furnish to the city
licensing department, a certificate based upon and issued within 30
days of such examination, signed by a physician duly licensed by the
state and stating that the person examined is either free from any
contagious or communicable disease or incapable of communicating
any of such diseases to others.
(c) If the license inspector is fully satisfied that the bath technician
application is in conformity with the provisions of this section, he shall,
unless prohibited by section 9.39, issue a permit authorizing the
practice by the bath technician of his services within the city. Each
permit issued pursuant to this section shall expire on the next
succeeding September 30, unless sooner suspended. A permit issued
on or after April 1 may be issued for one-half the fee otherwise
applicable.
Attachment number 1
Page 9 of 60
Ordinance No. 7724-07
10
(2) It shall be unlawful for any person to perform the services of a bath
technician within the city without:
(a) A valid, current public health card issued to that person; and
(b) A valid, current permit issued to such person pursuant to this
section.
Sec. 9.38. Notification of changes; updating application information.
(1) Every bathhouse permittee shall report immediately to the license
inspector any and all changes of ownership or management of the bath
business, including but not limited to changes of manager or other person
principally in charge; stockholders holding more than ten percent of the stock
of the corporation; officers, directors and partners; any and all changes of
name, style or designation under which the business is to be conducted; any
and all changes or transfers of bath technicians employed in the business
whether by employment, discharge or termination, or otherwise; and any
changes in the information required by section 9.32.
(2) Every bath technician shall report immediately to the licensing inspector
any and all changes of employment, whether by employment, discharge or
termination, giving the name and address of the former employer, if any, and
the name and address of the new employer, if any, if the new employer
operates a bathhouse within the city, and any changes in the information
required by section 9.37.
Sec. 9.39. Denial.
(1) The license inspector shall not issue a bathhouse or bath technician
permit if he finds that:
(a) The correct permit fee has not been tendered to the city or, in the
case of a check or money order, honored with payment upon
presentation;
(b) Regarding a bathhouse permit, the operation as proposed by the
applicant, if permitted, would not comply with the provisions of this
chapter;
(c) The applicant, if an individual, or any of the co-owners, if the
applicant is not an individual, has been convicted of any:
1. Felony involving fraud, deceit, or an offense involving moral
turpitude, unless such conviction occurred at least three years
prior to the date of the application, or has been convicted of any
offense involving sexual misconduct with minors, keeping or
residing in a house of ill fame, solicitation of a lewd or unlawful
act, prostitution or pandering, unless such conviction has
Attachment number 1
Page 10 of 60
Ordinance No. 7724-07
11
occurred at least three years prior to application for permit and
the applicant has had no subsequent convictions; or
2. Offense involving the use of or threat to use force or
violence upon the person of another. For the purpose of this
section conviction shall not include withheld adjudication.
(d) The applicant has knowingly made any false, misleading, or
fraudulent statement of fact in the permit application or in any
document required by the city in conjunction herewith;
(e) The applicant has had a bath business, bath technician, or other
similar permit or license denied, revoked or suspended for any of the
above causes by the city or any other state or local agency within five
years prior to the date of application; or
(f) The applicant, if an individual, or any of the co-owners, if the
applicant is not an individual, is not over the age of 18 years.
(2) The license inspector, upon denying an application, shall state his
reasons in writing, specifying the particular grounds for denial.
Sec. 9.40. Appeals.
(1) Any applicant or permittee aggrieved by a decision of the license
inspector in the denial of an application for bathhouse permit or bath
technician permit, or with reference to the revocation of a bathhouse permit or
bath technician permit pursuant to this division shall have the right of appeal
to the city manager. Such appeal shall be taken by filing with the city clerk,
within ten days after the decision complained, a written statement setting forth
the grounds for such appeal. The city clerk shall forthwith notify the city
manager who shall schedule a public hearing and shall give notice of such
hearing to the appellant.
(2) The decision and order of the city manager shall be final and conclusive,
unless the appellant, within ten days following notification of the decision and
order of the city manager, files a written statement setting forth the grounds of
appeal from the decision or order of the city manager with the city clerk. Upon
the filing of such written statement, the city clerk shall notify the city manager
and shall schedule a public hearing before the city commission and shall give
notice of such hearing to the appellant. At such hearing, the city commission
shall be entitled to consider any exhibits and any minutes or a transcript of the
hearing held before the city manager in addition to any other matter the
appellant may wish to present relating to the grounds of appeal. The decision
and order of the city commission on such further appeal shall be final and
conclusive.
Sec. 9.41. Transfer prohibited.
Attachment number 1
Page 11 of 60
Ordinance No. 7724-07
12
No bathhouse or bath technician permit shall be transferable, and such
authorization as a permit confers shall be conferred only on the permittee named
therein.
ARTICLE III. MASSAGE ESTABLISHMENTS
Sec. 9.61. Minimum standards for massage establishments and licensed
massage therapists.
(1) Each massage establishment, licensed massage therapist and massage
apprentice who administers massages for compensation within the city shall
at all times comply with the requirements of F.S. ch. 480, as may be amended
from time to time, and the rules and regulations of the state board of
massage, including but not limited to the licensure requirements thereof, and
shall obtain an occupational license pursuant to chapter 29, article II.
(2) It shall be a violation for any person to operate a massage establishment
or administer massage for compensation in the city without complying with
subsection (1) of this section.
Section 4. Chapter 25. Public Transportation Carriers, Article II, Divisions 1, 2 and
3, Code of Ordinances, is amended to read:
Sec. 25.021. Definitions.
The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Business tax receipt Occupational license means the written authority granted
by the business tax receipt occupational license division pursuant to this article to
engage in a taxicab business in the city.
Business tax receipt Occupational license division means that agency of the
city responsible for issuing business tax receipts occupational licenses, and shall
include the director of such agency.
* * * * * *
Taxicab company means any business entity of whatever nature or
composition which is licensed by the business tax receipt occupational license
division to operate one or more taxicabs and engage in a taxicab service, and may
be a corporation, partnership, joint venture, natural person, or other individual,
association or combined persons or entities.
* * * * * *
Attachment number 1
Page 12 of 60
Ordinance No. 7724-07
13
DIVISION 2. BUSINESS TAX RECEIPT OCCUPATIONAL LICENSE*
* * * * * *
Sec. 25.051. Required.
(1) It shall be unlawful for any person or taxicab company to own, lease,
control, drive, carry on, engage in or conduct the business of operating one or
more taxicabs for the transportation of persons on the public streets of the city
or dispatched for hire on the public streets of the city without first having
obtained a business tax receipt an occupational license from the business tax
occupational license division after paying the tax as prescribed by section
29.58. This section shall apply only to taxicab companies that pick up
passengers within the city limits or that have any office or dispatch facilities
located within the city.
(2) Any taxicab company which is licensed by another municipality or county
to conduct a taxicab business and which registers such business tax receipt
occupational license in this city in accordance with section 29.30 shall not be
relieved of the responsibility of complying with this division.
Sec. 25.052. Twenty-four-hour service.
Since there is an existing and continuing public need for 24-hour taxicab
service, and the providing of 24-hour service is recognized as burdensome, it is the
intention of the city that this burden should be equitably and fairly shared. Therefore,
all taxicab companies must operate and provide taxicab service 24 hours a day in
order to receive and retain a business tax receipt an occupational license.
Sec. 25.053. Application.
(1) No taxicab shall be operated for hire on the streets, highways, roads,
avenues, and public ways of the city until its owner, lessee, or controlling
taxicab company has first obtained a valid business tax receipt occupational
license for the taxicab company and a taxicab permit for each taxicab to be
operated for hire within the city.
(2) In order to secure a business tax receipt an occupational license an
applicant must provide information on a form provided by the business tax
occupational license division. The applicant must:
(a) Be at least 18 years of age;
(b) Be a citizen of the United States or an alien admitted for
permanent residence who has otherwise been granted employment
authorization by the United States Immigration and Naturalization
Service;
Attachment number 1
Page 13 of 60
Ordinance No. 7724-07
14
(c) Not have been convicted of any felony if such violation is related
to the operation of a motor vehicle or with the operation of a taxicab,
and not have been convicted of violating any ordinance governing the
conduct of taxicab business tax receipt occupational license holders.
(3) If the applicant for a business tax receipt an occupational license is a
corporation or partnership, then the chief executive officer of the corporation
or, if a partnership, the partner with the greatest proprietary interest, shall
possess all of the requirements set out in subsection (2) of this section.
Sec. 25.054. Investigation of applicants.
Upon the filing of the business tax receipt occupational license application,
the business tax receipt occupational license division and police department shall
make an investigation, including any hearing deemed necessary, as to each
application for license for the operation of the taxicab company. In determining
whether a license shall be issued, the business tax receipt occupational license
division shall determine the fitness of the applicant to engage in the business of
operating taxicabs in accordance with chapter 29, pertaining to licenses.
Sec. 25.055. Issuance.
If the business tax receipt occupational license division finds that the
applicant is qualified to operate a taxicab business pursuant to chapter 29 and that
the applicant has complied with the requirements of this article, a license will be
issued to the applicant. If the business tax receipt occupational license division finds
that the applicant is not fit to conduct the taxicab business or the equipment is not fit
for such business in the city, no license will be issued, and notice of the action of the
business tax receipt occupational license division will be given to the applicant
setting forth the reason for the refusal of such business tax receipt license and
informing the applicant of his appellate rights pursuant to chapter 29.
Sec. 25.056. Transfer.
No business tax receipt license shall be transferable except upon application
to and consent of the occupational license division, which shall determine the
qualifications of the proposed transferee in accordance with the provisions of
chapter 29 and this article.
Sec. 25.057. Revocation or suspension.
(1) Upon a finding of due cause, the city manager shall have the authority to
revoke or suspend any business tax receipt occupational license issued by
the city.
(2) Due cause for the revocation or suspension of an business tax receipt
occupational license shall include but shall not be limited to the following:
Attachment number 1
Page 14 of 60
Ordinance No. 7724-07
15
(a) Obtaining an business tax receipt occupational license by
providing false information;
(b) Conviction by a court of competent jurisdiction of any shareholder,
partner or member of any corporation, partnership, firm or association,
holding a 51 percent interest or more in the entity, of any of the
following: criminal homicide; rape; aggravated battery; burglary;
aggravated assault; kidnapping; robbery; child molestation; grand theft;
criminal solicitation to commit or attempt to commit any of the crimes
enumerated in this subsection; and unlawful possession, sale or
distribution of any controlled substance which is regulated or prohibited
by F.S. ch. 893, if such violation is related to operation of the company,
or violation of any ordinances of the city governing the conduct of
holders of business tax receipts occupational licenses for the taxicab
business;
(c) Violation of any of the provisions of this article or the traffic
regulations applicable within the city.
(3) No taxicab company business tax receipt occupational license shall be
revoked or suspended except upon a finding of due cause and after a hearing
before the city manager not less than five days following service of a notice to
the company, which notice shall state the place, date, time and purpose of
such hearing and the charges upon which the hearing shall be held.
(4) After revocation of a taxicab company business tax receipt occupational
license, no application for an business tax receipt occupational license from
the same taxicab company shall be accepted or considered for a period of 12
months from the date of revocation. For the purposes of this subsection, the
term "same taxicab company" means the same natural person, partnership,
corporation, or other business entity which held the revoked license, or any
other partnership, corporation, or business entity having one or more
partners, officers, directors, or members in common with the partnership,
corporation, or other business entity which held the revoked license.
* * * * * *
Sec. 25.073. Same--By chief of police.
Upon approval by the business tax receipt occupational license division of an
application for a taxicab company business tax receipt occupational license and the
issuance of such receipt license and compliance with all other provisions of this
article, the chief of police shall issue an annual taxicab permit for each taxicab that
complies with this article.
Section 5. Chapter 25. Public Transportation Carriers, Article III, Division 1, Code of
Ordinances, is amended to read:
Attachment number 1
Page 15 of 60
Ordinance No. 7724-07
16
* * * * * *
Sec. 25.131. Definitions.
The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Business tax receipt Occupational license means the written authority granted
by the business tax receipt occupational license division pursuant to this article to
engage in the public conveyance business in the city.
Business tax receipt Occupational license division means that agency of the
city responsible for issuing business tax receipts occupational license and shall
include the director of such agency.
* * * * * *
Public conveyance company means any business entity of whatever nature or
composition which is licensed by the business tax receipt occupational license
division to operate one or more public conveyances for the transportation of
passengers for hire, fee, or compensation of any kind, and may be a corporation,
partnership, joint venture, natural person, or other individual, association or
combined persons or entities.
* * * * * *
Sec. 25.133. Compliance with article.
* * * * * *
(2) Companies licensed by other municipalities or counties. Any public
conveyance company which is licensed by another municipality or county to
conduct a public conveyance business and which registers such business tax
receipts occupational license in this city in accordance with section 29.30
shall not be relieved of the responsibility of complying with this article.
* * * * * *
Sec. 25.135. Annual reports.
Every public conveyance company having a business tax receipt licensed to
provide public conveyance service in the city shall, by September 30 October 1 of
each year, submit to the business tax receipt occupational license division the
following information:
Attachment number 1
Page 16 of 60
Ordinance No. 7724-07
17
(a) A description of the motor vehicle being used as a public
conveyance, setting forth the make, model, year, color, body style,
motor vehicle identification and license tax numbers thereof;
(b) Each public conveyance permit number;
(c) A list setting forth the current names and addresses of all drivers
employed by or contracting with the public conveyance company. Each
public conveyance company shall have available at all times a current
and accurate residential address and telephone number for every
public conveyance driver, and such information shall be released to
any city police officer conducting an active criminal investigation.
* * * * * *
Sec. 25.137. Liability insurance.
(1) It shall be unlawful for the owner or operator of any public conveyance to
drive or operate the public conveyance or to permit it to be driven or operated
upon the public streets of the city unless such owner or operator shall have
first filed with the business tax receipt occupational license division evidence
of procuring a liability insurance policy, upon which a city is listed as an
additional insured party, issued by a good responsible insurance company, or
a surety bond issued by a good and responsible surety company. Such
insurance company or surety company must have authority to do business as
such in the state. The minimum amount of liability insurance or surety bond
coverage for each public conveyance shall be as follows:
(a) One hundred thousand dollars bodily injury liability for any one
person injured by reason of the negligent operation of the public
conveyance;
(b) Three hundred thousand dollars bodily injury liability for the
maximum compensation to all persons injured in any one accident; and
(c) One hundred thousand dollars for all property damage in any one
accident.
(2) In lieu of subsection (2) of this section, the public conveyance owner or
operator may make application to the state, pursuant to F.S. § 324.171, to
qualify as a self-insurer in at least the same amounts as required in this
section. Such owner or operator shall file with the city clerk a copy of the
application and all documentation filed with the state. Upon approval of such
application by the state, a current copy of such approval shall be filed with the
business tax occupational license division. Upon filing such grant of approval
from the state with the business tax occupational license division, such
owner, operator, or driver shall be entitled to function as a self-insurer until
such time as the approval is revoked, cancelled or otherwise terminated.
* * * * * *
Attachment number 1
Page 17 of 60
Ordinance No. 7724-07
18
Sec. 25.173. Same--By chief of police.
Upon approval by the business tax receipt occupational license division of an
application for a public conveyance company an business tax receipt occupational
license and the issuance of such business tax receipt license and compliance with
all other provisions of this article, the chief of police shall issue an annual public
conveyance permit for each public conveyance that complies with this article.
* * * * * *
Section 5. Chapter 28. Streets, Sidewalks, Other Public Places, Article I, Code of
Ordinances, is amended to read:
* * * * * *
Sec. 28.04. Trading and selling on streets.
Except for the sale of ice cream from ice cream trucks on streets in residential
areas, which have been issued a city business tax receipt occupational license for
such use, and unless authorized by Article III of Chapter 22 which pertains to special
events, it shall be unlawful for any person to sell, barter, exchange, or offer to sell,
barter or exchange any goods, wares or merchandise of any kind or nature
whatsoever in or on or over any street, right-of-way or public property, sidewalk or
park within the city.
This section shall not apply to curb service furnished by any regularly
established and licensed place of business in the city, and this section shall not
apply to the holding of bazaars or other sales not made or carried on for personal
profit, where such sales are operated in front of or adjacent to a store or place of
business with the consent of the owner or manager thereof. The prohibition set out
in subsection (1) of this section shall not prevent the operation of a sidewalk cafe on
the public sidewalk where the sidewalk cafe is permitted under the provisions of
section 3-201C. of the Land Development Code.
Section 6. Chapter 29. Taxation and Other Fees, Article II, Code of Ordinances, is
amended to read:
ARTICLE II. Business Occupational License Tax Receipts
Sec. 29.21. Certificates or examinations required.
No business tax receipt Occupational License shall be issued to any person
otherwise required by ordinance of the city to have a certificate of competency
and/or state license or any other requirements mandated by ordinance, statute, rule,
law or other provision or to have passed an examination before engaging in a
business or profession in the city, until such person has exhibited to the city
Attachment number 1
Page 18 of 60
Ordinance No. 7724-07
19
manager proof of having the certificate or of having passed the examination.
Sec. 29.22. Reserved Disclosures required of insurance agents.
Any person conducting the business, occupation or profession of an
insurance agent shall file a sworn statement listing the name of each insurance
company for which he is acting.
Sec. 29.23. Reserved Business of providing future consumer services.
Any person applying for an occupational license in the city to engage in the
business of providing future consumer services as that term is defined in section
2(a) of county Ordinance No. 77-4 shall, prior to obtaining a city occupational license
and in addition to any other requirement provided in this article, at the time of
application provide proof of compliance with county Ordinance No. 77-4, including
evidence of any license obtained and any bond or affidavit provided.
Sec. 29.24. Definitions.
The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
* * * * * *
Business Tax Occupational Licenses means the method by which the city
grants the privilege of engaging in or managing any business, profession or
occupation within its jurisdiction. It shall not mean any fees or licenses paid to any
board, commission or officer for permits, registration, examination or inspection
which are hereby deemed to be regulatory and in addition to and not in lieu of any
business tax Occupational Licenses imposed pursuant to the provisions of this
article unless otherwise provided by law.
Business Tax Receipt means the document issued by the city indicating all
fees, taxes and other associated costs associated with conducting the business at
any and all appropriate locations within the City have been paid.
City Manager means the City Manager or his designee.
Department means the department responsible for issuing Business Tax
Receipts.
Director means the person in charge of the department.
Inspector means any person authorized to conduct inspections of business
tax and/or business tax Receipt codes.
Attachment number 1
Page 19 of 60
Ordinance No. 7724-07
20
* * * * * *
Rental unit means any commercial unit or space or residential or dwelling,
room, apartment, hotel, or motel unit, as may be rented or leased, and located on
one lot, plot or parcel of land.
Taxpayer means any person liable for the taxes imposed under the
provisions of Chapters 7, 25, and 29, respectively, any agent required to file and pay
any taxes imposed under said provisions, and the heirs, successors, assignees, and
transferees of any such person or agent, wherever relevant to any provision of this
article or other law or ordinance, and includes any and all individuals listed on the
business tax application and/or business tax receipt.
* * * * * *
Sec. 29.26. Enforcement and inspection--Generally.
(1) The following persons are authorized to conduct inspections in the
manner prescribed in this section:
(a) The city manager shall make all investigations reasonably necessary
for the enforcement of this code.
(b) The city manager shall have the authority to order the inspection of
taxpayers licensees, their businesses records, by any city staff official
having duties to perform with reference to such licensees or
businesses.
(c) All police officers shall be empowered to enforce compliance with the
provisions of this article.
(2) All persons authorized in this section to inspect business tax receipts
licenses, businesses or records the authority to enter, with or without search warrant
as the law may require, at all reasonable times, the following premises:
(a) Those for which a business tax receipt license is required;
(b) Those for which a business tax receipt license was issued and which,
at the time of inspection, are operating under such business tax receipt
license;
(c) Those for which a business tax receipt license has been revoked or
Attachment number 1
Page 20 of 60
Ordinance No. 7724-07
21
suspended.
Sec. 29.27. Police background check.
For the general health, safety and welfare of the citizens of Clearwater, some
business types require a police background check on the owners or operators of the
business. Most of these businesses are identified in the fee schedule of Appendix A
of this Code. From time to time, the director of the department central permitting and
the police chief may identify other businesses which will require a police background
check, but are not so noted in the fee schedule of Appendix A of this Code. Any
business owner, operator who is required to obtain a police background check may
furnish a state criminal background check if it was completed by a State regulatory
agency within 6 months of the application for a business tax receipt and the
background check can be verified as being completed by that agency. If the
applicant elects to provide the alternative background check, it shall be the
responsibility of the applicant to provide the proof of passing such background
check. The City may require a City background check on a case-by-case basis if
there are questions about the validity or accuracy of a background check provided
by the applicant.
Sec. 29.28. Evidence of engaging in business.
(1) For the purposes of this article, any person offering a service or
product to the public at a given location by any means, whether or not a transaction
takes place, shall be liable for an business tax receipt Occupational Licenses for that
business.
(2) Any principal business that utilizes or requires any contractor, sub-
contractor or any other type of business that also requires a business tax receipt
shall obtain proof and maintain the record of the business tax receipt of the
contractor, sub-contractor or any other type of business. The contractor, sub-
contractor or any other type of business shall not be able to perform the service,
occupation or business on the premises of the principal business until a business tax
receipt has been obtained.
Sec. 29.29. Determination of classifications.
If there is a disagreement between the applicant and city staff on the question
of proper classification for any business, occupation or profession for business tax
receipt license purposes, the city manager shall decide the proper classification, but
the applicant has the right to appeal this decision to the c City commission Manager
whose decision shall be final.
Attachment number 1
Page 21 of 60
Ordinance No. 7724-07
22
Sec. 29.30. Business Tax Receipt License required.
(1) Any person who maintains a permanent or temporary business
location or branch office within the city to manage a profession, business or
occupation shall first obtain a city business tax receipt license for each location and
pay the appropriate fee as prescribed in Appendix A of this Code. Such business tax
receipt license shall be signed by the director of the department central permitting
and shall have the city seal affixed.
(2) Any person who does not maintain a permanent business location or
branch office within the city but who transacts any business or engages in any
occupation or profession in interstate commerce where such business license tax is
not prohibited by section 8 of article 1 of the United States Constitution shall also be
liable for obtaining a city business tax receipt Occupational Licenses.
(3) Any person who does not maintain a permanent business location or
branch office within the city but who desires to transact a business or within the city
shall register with the city manager the business tax receipt license of that
municipality or other governmental subdivision in which they maintain a permanent
business location, or if no business tax receipt license is required by the other
municipality, a registration of the business shall be required, unless otherwise
provided by this article. Such registration shall be accomplished prior to the
commencement of the business, shall be subject to a registration fee as prescribed
in appendix A to this Code and shall be valid from the date of issuance to the next
succeeding September 30 October 1.
(4) The burden of securing a business tax receipt n Occupational Licenses
rests with the principal of a business, but in the event of noncompliance by the
principal, his agent or employee shall be subject to the same enforcement policies.
(5) For properties with multiple businesses, a business tax receipt n
Occupational Licenses shall be required for each business.
(6) Accessory uses, as defined by this article, shall be exempt from
business tax receipt Occupational Licenses requirements.
(7) Each business shall display the business tax receipt in a prominent
location within the individual business location. Each registered
business shall have the business tax receipt or a copy of the business
tax receipt in/on possession of the business representative(s) while
conducting business within the City.
Sec. 29.31. Issuance requirements for new businesses.
Attachment number 1
Page 22 of 60
Ordinance No. 7724-07
23
(1) A business tax receipt license shall be issued pursuant to this article
for any new business, occupation or profession when all applicable conditions are
satisfied.
(a) The application for a business tax receipt n Occupational Licenses has
definitely stated the exact location at which the business shall be
operated and a zoning official has verified that such business,
occupation or profession is allowed under the community land
development code, section 4-205 36.061 .
(b) The application has been approved by the police chief when required
for the business, occupation or profession.
(c) The application has been approved by the Ccity Manager commission
when required for the business, occupation or profession.
(d) The application has been approved by the county health department
when required for the business, occupation or profession.
(e) The application has been approved by the harbormaster when required
for the business, occupation or profession.
(f) The application has been approved by the building official when
occupancy of a vacant or reconstructed business premises is involved.
(g) The application has been completed without failure to disclose or
misrepresentation of the information required.
(2) No business tax receipt license shall be issued for any business that
intends to engage in an unlawful activity, as part of its business.
(3) Within 30 days of the submittal of an application, the director of the
department central permitting shall issue a business tax receipt license or notify the
applicant in writing setting forth the grounds for the city's refusal to issue a business
tax receipt license. The applicant shall have the right of appeal as specified in
section 29.44.
Sec. 29.32. Single business tax receipt license for more than one business tax
receipt license.
In all cases where the same person or corporation must obtain more than one
business tax receipt license for the business operated at the same location, that
person or corporation may be issued a single license business tax receipt describing
the various business tax receipt license categories represented by such certificate.
In such a case the amount paid for the business tax receipt license shall be the
Attachment number 1
Page 23 of 60
Ordinance No. 7724-07
24
same as if individual certificates are issued. This section shall serve only to permit
the city to consolidate the separate business tax receipt license into one certificate.
Sec. 29.33. Duplicate Business Tax Receipts license issuance.
Duplicate business license tax receipts may be issued by the director city
manager. An administrative fee as prescribed in appendix A to this Code will be
assessed for each duplicate business tax receipt license issued.
Sec. 29.34. Applicability to certain professions.
The required tax in section Appendix A 29.58 for architects, auctioneers,
auditors, accountants, attorneys, dentists, draftsmen, engineers, chiropractors,
physicians, real estate brokers and sales associates, and other similar professions
shall be construed to mean that each individual person shall pay the tax provided for
in this article whether practicing by himself, employed by another, or in a
partnership, corporation or professional association, except where the professional
services of a particular employee are wholly utilized by the employer and are not
available to the public, either privately or in the name of the employer.
Sec. 29.35. Tenants in municipally owned or leased facilities.
Persons engaged in any business, occupation or profession on or in
municipally owned or leased facilities must obtain a business tax receipt n
Occupational Licenses unless exempt by law, ordinance or statute.
Sec. 29.36. Business Tax receipts License required for each lease department.
Every person operating what is commonly known as a lease department in
any store shall pay a business tax license fee for the operation of each department
so leased according to the proper classification of the business or occupation as set
forth in this article.
Sec. 29.37. Identification on trucks required.
Any and all trucks or other vehicles operated or used in connection with any
contracting, building, delivery, maintenance, repair service, or manufacturing
business or occupation conducted within the city shall have painted or otherwise
prominently displayed in a visible and legible manner upon such truck or other
vehicle, the name, and address and telephone number of the business in which such
truck or other vehicle is used. Such information shall be displayed painted on both
Attachment number 1
Page 24 of 60
Ordinance No. 7724-07
25
sides of the vehicle and the letters in such sign shall be a minimum height of three
inches.
Sec. 29.38. Transfer.
(1) Business tax receipts Licenses issued by the city may be transferred
with the approval of the director of the department central permitting subject,
however, to the following conditions:
(a) All business tax receipts license may be transferred to a new owner
when there is a bona fide sale of the business upon payment of a
transfer fee as prescribed in appendix A to this Code and presentation
of evidence of the sale and the original business tax receipt license.
(b) Upon written request and presentation of the original business tax
receipt license, any business tax receipt license may be transferred
from one location to another location in the city upon payment of a
transfer fee as prescribed in appendix A to this Code. Such transfers
shall be accomplished provided the applicant receives approvals from
zoning submits a land use certificate as required by the community
land development code and the required building and fire inspections
have been accomplished.
(c) Where the taxpayer licensee has been exempted from payment of all
or any part of the business license tax therefore, any such business tax
receipt license shall not be transferable pursuant to this section.
(d) Holders of alcoholic beverage licenses shall comply with chapter 6 of
this Code.
(e) The activity in which the new business engages, as part of the
business, must be lawful.
(f) The transferee must meet the requirements of the Code to obtain a
business tax receipt n Occupational Licenses.
(2) Within 30 days from the date the applicant submits the request, the
director of the department central permitting shall transfer the business tax receipt
license or notify the applicant in writing setting forth the grounds for the city's refusal
to transfer the business tax receipt license. The applicant shall have the right of
appeal as specified in section 29.44.
Sec. 29.39. Review upon renewal.
(1) Upon the annual renewal of all business tax receipt licenses, any
business tax receipt license may be reviewed to determine if all applicable
Attachment number 1
Page 25 of 60
Ordinance No. 7724-07
26
provisions of this article, state, county, city and/or federal laws, ordinances, rules
and regulations have been complied with, by the taxpayer licensee.
(2) When the taxpayer licensee has failed to comply with, follow or adhere
to any applicable provisions of this article, state law or city ordinance, rule or
regulation, the director of the department central permitting may deny the re-
issuance of the business tax receipt license only after complying with the
requirements contained in section 29.41 of the Code.
Sec. 29.40. Delinquent Ppenalties.
(1) All business license taxes imposed by this article shall be due and
payable on September 30 October 1 of each year and shall expire on September 30
of the succeeding year. Those business tax receipts licenses not renewed by
September 30 October 1 shall be considered delinquent and shall be subject to an
administrative fee and delinquency penalty as per Appendix A. It is the duty of an
inspector the code enforcement officer, occupational license or a law enforcement
officer to make affidavit of violation and request for hearing, and to cause such
person or persons or officers and directors of any corporation to be brought before
the Municipal Code Enforcement Board or the county court utilizing processes as set
forth in Article 7 of the Community Development Code. and Florida State Statutes
,as amended from time to time.
(2) Each business tax receipt license required by this chapter shall be
obtained prior to the commencement of business or the practice of a profession and
if not, shall be subject to an administrative fee and penalty as per Appendix A, in
addition to the penalties of section 1.12.
Sec. 29.41. Right to revoke or deny.
(1) Subject to the requirements contained in subsection (2) of this section,
the director of the department central permitting may revoke any
business tax receipt license granted pursuant to this article for cause,
and may deny the re-issuance of a business tax receipt license to an
established business for cause. For the purpose of this section,
"cause" exists when the taxpayer licensee commits or permits any of
the following violations:
(a) The taxpayer licensee maintains or allows a nuisance to be maintained
at the business licensed premises. As used in this subsection, the term
"nuisance" shall mean engaging in any activity or permitting any
activity on the business licensed premises declared to constitute a
public nuisance in section 3-1503 of the Community Development
Code 20.03, or proscribed by F.S. ch. 796, § 798.02 or ch. 800, or any
amendments thereto or proscribed by sections 6.43 or 21.13 of the
Code;
Attachment number 1
Page 26 of 60
Ordinance No. 7724-07
27
(b) The taxpayer licensee engages in or permits disorderly or immoral
conduct on the business licensed premises;
(c) The taxpayer licensee causes or permits the playing of any form of
music either by mechanical device or live performance in such a
manner that the sound is audible beyond the property line of the
business licensed premises where the music is being played or
performed in violation of any state law, or local ordinance;
(d) The taxpayer licensee commits or permits within the permit year the
same violation of the Code on the business licensed premises three or
more times;
(e) The taxpayer licensee has violated on the premises any county
ordinance, state or federal statute or rule or regulation pertaining to the
activity which has been business licensed pursuant to this article;
(f) The taxpayer licensee fails to secure and maintain adequate offstreet
parking facilities for use by patrons of the business premises;
(g) The taxpayer licensee to comply with the fire prevention ordinances of
the city, after reasonable notice has been given to the taxpayer
licensee to eliminate or correct any condition in violation of such
ordinances on the business licensed premises;
(h) The taxpayer licensee fails to maintain a safe building or system on the
business licensed premises in accordance with section 47.161 of the
Code after reasonable notice has been given to the taxpayer licensee
to eliminate or correct the unsafe condition.
(2) Upon discovering that cause exists to revoke or deny the re-issuance
of a business tax receipt license, the director of the department central permitting
shall issue the taxpayer licensee a written warning requesting the taxpayer licensee
to eliminate the violation within 30 days from receipt of the warning and notifying the
taxpayer licensee of the city's intent to revoke or deny the re-issuance of the
business tax receipt license if the violation is not corrected. If the business licensee
willfully fails to eliminate the violation or if the taxpayer licensee permits the violation
to reoccur within 90 days from the date of the taxpayer licensee's receipt of the
warning, the director of the department central permitting shall issue another written
warning notifying the taxpayer licensee of the city's intent to revoke or deny the re-
issuance of the business tax receipt license if the violation is not corrected within 30
days from receipt of the second warning. If the taxpayer licensee willfully fails to
eliminate the violation or if the taxpayer licensee permits the violation to reoccur
within one year from the date of the taxpayer licensee's receipt of the second
Attachment number 1
Page 27 of 60
Ordinance No. 7724-07
28
warning, the director of the department central permitting shall issue the taxpayer
licensee a written notice setting forth the grounds for the city's intent to revoke or
deny the re-issuance of the business tax receipt license. Within ten calendar days
from the date the director of the department central permitting notifies the taxpayer
licensee of the city's intent to revoke the business tax receipt license or deny the re-
issuance of the business tax receipt license for cause, the business tax receipt
license shall be automatically revoked or nonrenewable, unless the taxpayer
licensee files with the city clerk a written statement setting forth fully the grounds for
such appeal. Upon the filing of such written statement, the city clerk shall notify the
city manager, who shall schedule and conduct a hearing before the city manager
within 30 calendar days from the date the written statement was filed. The taxpayer
licensee shall be given written notice of the hearing by certified mail return receipt
requested and shall have an opportunity to present evidence on his or her behalf, to
cross examine witnesses, and to be represented by counsel. The city shall have the
burden of proof by a preponderance of the evidence, and the city manager's
decision shall be based solely on the evidence presented at the hearing. Within ten
calendar days of the hearing, the city manager shall file with the city clerk's office
and shall serve on the taxpayer licensee a written decision containing findings of fact
and conclusions of the legal basis for the decision. Within 30 days of the date the
city manager files the decision with the city clerk, the decision shall become final
unless the taxpayer licensee files a petition for a writ of certiorari in the circuit court
for Pinellas County. The filing of a pleading seeking judicial review shall
automatically stay the revocation until judicial review has been exhausted unless the
city obtains injunctive relief.
(3) Any taxpayer licensee or any who has had a business tax receipt n
Occupational Licenses revoked or has had the issuance or renewal of the business
tax receipt license denied pursuant to subsection (2) of this section, shall not be
eligible to submit an application for another business tax receipt license to conduct
another business in the city until one year has expired from the date the business
tax receipt license was revoked or denied by the city or, if an appeal is taken while
the business continues in operation, until one year from the later of the date of the
last decision or order affirming the revocation or denial or the date the business
ceases operations in compliance with the decision or order.
(4) Any taxpayer licensee who has had a business tax receipt n
Occupational Licenses revoked or has had the renewal of the business tax receipt
license denied pursuant to subsection (2) of this section and who seeks to engage in
a business involving the sale or rental of materials protected by the First Amendment
or the presentation or the performance of entertainment protected by the First
Amendment shall be eligible to submit immediately an application for a new
business tax receipt license to conduct another business protected by the First
Amendment at a different location subject to further review to determine the taxpayer
licensee 's compliance with applicable laws, statutes and the issuance requirements
of section 29.31.
Attachment number 1
Page 28 of 60
Ordinance No. 7724-07
29
(5) The director of the department central permitting shall not issue a
business tax receipt n Occupational Licenses if the director finds that:
(a) The applicant, if an individual, or any of the co-owners, if the applicant
is not an individual, does not seek to engage in a business involving
the sale or rental of materials protected by the First Amendment or the
presentation or performance of entertainment protected by the First
Amendment and has, within three years previous to the date of
application:
1. Been convicted, been on house arrest, probation, or parole, or
been incarcerated for any felony involving fraud or dishonesty,
any offense involving moral turpitude, any offense involving
sexual misconduct with minors, any offense involving a lewd or
lascivious act or prostitution, or criminal solicitation to commit or
attempt to commit any of the above; or
2. Been convicted, been on house arrest, probation, or parole, or
been incarcerated for any felony involving the use of or threat to
use force or violence upon the person of another, or for criminal
solicitation to commit or attempt to commit any such felony;
(b) The applicant, if an individual, or any of the co-owners, if the applicant
is not an individual, seeks to engage in a business as an adult use
establishment as defined in section 8-102 of the Community
Development code, 41.505 or in employment as an entertainer in such
a business, or in employment as an exotic dancer regardless of
whether the business is an adult use establishment, when the business
involves the sale or rental of materials protected by the First
Amendment or the presentation or the performance of entertainment
protected by the First Amendment and when the applicant has been
convicted of a specified criminal act unless:
1. More than one year has elapsed since the latter of the date of
conviction or the date of release from confinement, probation or
parole imposed for the conviction of a misdemeanor offense or
ordinance violation; or
2. More than three years elapsed since the latter of the date of
conviction or the date of release from confinement, probation or
parole imposed for the conviction of a felony offense; or
(c) The applicant has knowingly made any false, misleading, or fraudulent
statement of fact in the permit application or in any document required
by the city in conjunction therewith. A person denied a business tax
Attachment number 1
Page 29 of 60
Ordinance No. 7724-07
30
receipt n Occupational Licenses pursuant to this subparagraph may
not apply for a business tax receipt license for a period of one year
following the denial.
For the purposes of this section, the term "conviction" shall include any
disposition of a criminal case involving the imposition against applicant
of a fine, probation, incarceration, or other adverse sentence of a
punitive nature, whether or not the applicant has been formally
adjudicated guilty;
For the purpose of this section, the term "specified criminal act" shall
include the following:
(a) An offense under F.S. Ch. 794 (relating to sexual battery);
(b) An offense under F.S. Ch. 796 (relating to prostitution);
(c) An offense under F.S. § 798.02 and Ch. 800 (relating to
lewdness and indecent exposure);
(d) An offense under F.S. § 827.071 (relating to sexual
performance by a child);
(e) An offense under section 6.43 of the Code (relating to lap
dancing); or
(f) An offense under an analogous statute of a state other than
Florida, or under an analogous ordinance of another county or
city.
(6) The director of the department central permitting, upon denying an
applicant pursuant to subsection (5) of this section, shall notify the applicant of the
denial within 30 days of the submittal of the application or within 30 days of the
receipt of any police background investigative report that is required by a certain
occupational classification or sub-classification. The director of the department
central permitting shall state the reasons for the denial in writing, specifying the
particular grounds for such denial.
(7) Any applicant aggrieved by the actions of the director of the
department central permitting in the denial of an application pursuant to subsection
(5) of this section shall have the right of appeal as specified in section 29.44.
Sec. 29.42. Provisional license. and emergency issuance of business tax
receipts
(1) The director of central permitting shall issue a provisional business tax
Attachment number 1
Page 30 of 60
Ordinance No. 7724-07
31
receipt license, upon request, whenever a police background investigation is
required by a certain occupational classification or sub-classification after a period of
30 days following submittal of the completed application provided as long as the
applicant has satisfied all other business tax receipt licensing requirements except
for completion of the police investigation and provided as long as the applicant has
completed the information requested on the background information report and the
personal data report used by the police department in conducting the background
investigation. At such time as a favorable police investigation is received, the
provisional designation shall be removed and the business tax receipt license shall
have the character of a regularly issued business tax receipt license for the
classification or sub-classification involved. A provisional business tax receipt license
shall be no less effective than a regular business tax receipt license, except that
such business tax receipt license shall be considered void ab initio upon receipt by
the director of central permitting of a completed police investigative report which
contains information which, if known by the inspector at the time of application,
would have been grounds for denial of the application.
(2) Upon receipt of a police investigative report containing information that
the applicant is not qualified to obtain a business tax receipt an occupational license
pursuant to the requirements contained in section 29.41(5), the city manager or
his/her designee director of central permitting shall notify the applicant of the denial
within 30 days of the receipt of the investigative report. The city manager or his/her
designee director of central permitting shall state the reasons for the denial in
writing, specifying the particular grounds for such denial. The police chief or his/her
designee shall be responsible to take all necessary actions to nullify the provisional
business tax receipt. The applicant shall have the right of appeal as specified in
section 29.44.
(3) The director has the authority to grant a temporary business tax receipt
under exigent circumstances, such as natural disasters, when the ability to conduct
a background check would be impractical, unreasonable or impossible to complete.
The time the business tax receipt shall be valid shall be for a period of time as
directed by the Director, who will base his determination on the degree the exigent
circumstances exist.
Sec. 29.43. Registration of exempt persons or organizations.
Any natural person, partnership, organization, corporation or other entity
which would be required to obtain an business tax receipt Occupational Licenses
pursuant to this article but for the exemptions permitted by F.S. ch. 205 shall register
with the city manager and complete an appropriate application which shall disclose
the address of the business, the nature of the business, and such other relevant
information as the city manager may request to support the claimed exemption.
There shall be no fee required for such application and registration and re-
registration shall not be required unless the address of the business or the character
Attachment number 1
Page 31 of 60
Ordinance No. 7724-07
32
or nature of the business is changed.
Sec. 29.44. Appeals.
Any applicant or licensee taxpayer who has been denied the issuance or
transfer of a business tax receipt n Occupational Licenses pursuant to section 29.31,
29.38 or 29.41(5) shall have the right of appeal to the city manager. Within ten
calendar days from the date the city notifies the applicant or taxpayer licensee of the
city's decision to deny the issuance or transfer of a business tax receipt n
Occupational Licenses, the applicant or taxpayer licensee shall file with the city clerk
a written statement fully setting forth the grounds for such appeal. Upon the filing of
such written statement, the city clerk shall notify the city manager, who shall
schedule and conduct a hearing before the city manager within 30 days after the
filing of the written statement. The applicant or taxpayer licensee shall be given
written notice of the hearing by certified mail return receipt requested and shall have
an opportunity to present evidence on his or her behalf, to cross examine witnesses,
and to be represented by counsel. The city shall have the burden of proof by a
preponderance of the evidence, and the city manager's decision shall be based
solely on the evidence presented at the hearing. Within ten calendar days of the
hearing, the city manager shall file with the city clerk's office and shall serve on the
applicant or taxpayer licensee a written decision containing findings of fact and
conclusions of the legal basis for the decision. The decision of the city manager shall
be final and conclusive, subject to judicial review by common law certiorari in the
circuit court for Pinellas County. The applicant or taxpayer licensee may abate the
enforcement of the denial by filing a petition for a writ of certiorari and obtaining a
temporary injunction or temporary restraining order.
Sec. 29.45. Business tax receipt License no protection from prosecution for
unlawful conduct of business.
No business tax receipt license issued pursuant to the provisions of this
article shall:
(1) Protect any person from prosecution for transacting any business,
trade or profession not covered by such business tax receipt license;
(2) Protect any merchant doing business with a greater stock in trade than
covered by such business tax receipt license; or
(3) Any hotel keeper or landlord or manager of a residential development
having a greater number of rooms or units than is covered by such
business tax receipt license.
* * * * * *
Sec. 29.47. Regulatory fees for non-city businesses.
Attachment number 1
Page 32 of 60
Ordinance No. 7724-07
33
Any business, occupation or profession that does business in the city that is
not required to pay a business n occupation license tax and for which regulation has
not been preempted by the state or the county charter, shall pay a regulatory fee
equal to the occupation license business tax set forth in section Appendix A 29.58,
provided that over 50 percent of the revenue of the business, occupation or
profession is derived in the city. The business, occupation or profession claiming
exemption under the 50 percent requirement shall bear the burden of proof.
Sec. 29.48. Cumulative effect of article.
Fees paid pursuant to this article are not in lieu of other fees and taxes
required by other city departments, boards, commissions or officers for permits,
registration, examination, inspection or other regulatory purposes. The provisions of
this article are cumulative and in addition to all other federal, state, county and
municipal laws providing for the collection of taxes, business tax receipt license and
permit fees and charges.
Sec. 29.49. Penalty for violation of article.
Any person who violates any of the terms of this article may be ordered to pay
a fine by the municipal code enforcement board in accordance with Article 7 of the
Community Development Code chapter 2, article III, division 9, or may be cited by
an inspector or law enforcement officer a code enforcement officer and be subject to
the imposition of a civil penalty in accordance with section 1.12(3). Any violation of
this article which is subject to a civil penalty as set forth in section 1.12(3) shall be a
class II V violation.
Sec. 29.50. Debt to the city.
The amount of any business license tax, fee and penalty imposed by the
provisions of this article is hereby declared to be a debt due to the city, and any
person carrying on any business without first having procured a business tax receipt
license from the city to do so shall be liable to the city for the amount of such
business license tax, administrative fee and penalty recoverable in any court of
competent jurisdiction.
Sec. 29.51. Reserved Required for each separate location of business.
A separate license certificate shall be required for each location of a business
unless otherwise provided for in this article.
Sec. 29.52. Payment of fees prerequisite to issuance of business tax receipt
license.
It is the intent of the city to grant valid business tax receipts Occupational
Licenses only to those applicants who have fully and faithfully paid the required fees
Attachment number 1
Page 33 of 60
Ordinance No. 7724-07
34
as established in the schedule of fees in Appendix A in this Code. No business tax
receipt license shall be valid until all fees are so paid. A dishonored bank draft,
check or other similar non-cash payment shall be in direct contravention of the intent
expressed in this section. Any business tax receipt Occupational Licenses issued to
any applicant whose payment is subsequently dishonored shall be void ab initio.
Sec. 29.53. Pro-ration.
No business tax receipt license shall be issued for more than one year. For
each business tax receipt license obtained between October 1 and March 30April 1,
the full tax for one year shall be paid, and for each business tax receipt license
obtained between April 1 and September 30, one-half of the full tax shall be paid.
Sec. 29.54. Computation based on stock on hand; affidavit.
In all cases where the business license tax depends on the stock of
merchandise, the tax shall be computed according to the stock of merchandise the
applicant will have on hand as of the first day of the business tax receipt license year
for which the business tax receipt license is issued. In all such cases the applicant
shall file with the city manager an affidavit stating as accurately as possible the value
of the stock of merchandise on hand as of the first day of the business tax receipt
license year, and also stating the exact value of the stock of merchandise as shown
by the last merchandise inventory taken by the applicant.
Sec. 29.55. Adjustment.
If a taxpayer licensee shall effect a change in or of status in his business by:
(1) Augmenting the volume of business done by him;
(2) Expanding the size of his business, plant or premises;
(3) Increasing the number or size of his vehicles; or
(4) Making any other lawful and material change of any kind in his
business;
the city manager shall require the payment of an additional or higher business tax
receipt license fee, to be prorated for the balance of the business tax receipt license
year.
Sec. 29.56. Rebate.
No portion of any business Occupational Licenses tax assessed in this article
shall be rebated, unless it clearly appears that such business license tax was
collected by mistake or error. Before making such rebates to a taxpayer licensee , all
Attachment number 1
Page 34 of 60
Ordinance No. 7724-07
35
amounts payable under a proper business tax receipt license shall be paid by such
licensee taxpayer.
Sec. 29.57. Failure of due notice.
It shall be no defense for nonpayment of any business tax receipt license fee
required by this article that the taxpayer licensee did not receive any bill or notice
from the city that such fee was due.
Sec. 29.58. Reserved. Transitional Rules
(1) The use of the term “Occupational License” in any ordinance, policy,
procedure, document or other communication of the City shall mean “Business
Tax Receipt” effective January 1, 2007.
(2) Any ordinance, policy, procedure, document or other communication of the
City that refers to “Occupational License” shall be valid until such time as the
ordinance, policy, procedure, document or other communication of the City is
amended or expires.
(3) All occupational licenses that have been issued and are currently valid shall
be considered valid business tax receipts until September 30, 2007.
Sec.29.59 Prima facie evidence of operating a business without a business tax
receipt
A. Prima facie evidence of operating a business without a business tax
receipt shall include but not be limited to conducting one or more of the following
activities without having obtained said receipt:
(1) Conducting any business, legal or illegal, in which anything of value,
including money, services, product, or any other consideration is
exchanged or intended to be exchanged in the future;
(2) Advertising in any form for a business indicating the business is operating
within the city limits of Clearwater;
(3) Holding out a product or service, legal or illegal, for monetary gain or
exchange, barter, or any other consideration, present, past or future
(4) Having documentation associated with professional licenses, corporations,
fictitious names, public and/or private records or any other source
indicating a business is located within the City.
B. It is not a defense to a notice of violation, notice to appear or other citation
for operating a business without a business tax receipt that a business tax
receipt is not required where the business, legal or illegal, cannot obtain
approvals from the City.
Attachment number 1
Page 35 of 60
Ordinance No. 7724-07
36
* * * * * *
Section 7. Chapter 33. Waterways and Vessels, Article II, Code of Ordinances, is
amended to read:
* * * * * *
Sec. 33.022. Same--Enforcement.
Under the direction of the city manager, the harbormaster is authorized and
directed to enforce rules and regulations established pursuant to section 33.021 and
to assist in the collection of business occupational license taxes and other charges
levied and imposed by city ordinances.
* * * * * *
Section 8. Appendix A, Code of Ordinances, is amended to read:
APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES*
* * * * * *
TABLE INSET:
Page
I.
Adult Uses..........
CDA:3
II.
Amusements..........
CDA:3
III.
Animals..........
CDA:3
IV.
Bathhouses and Massage Establishments..........
CDA:3
V.
Reserved..........
CDA:3
VI.
Cemeteries..........
CDA:3
Attachment number 1
Page 36 of 60
Ordinance No. 7724-07
37
VII.
Erosion and Siltation Control..........
CDA:4
VIII.
Reserved..........
CDA:4
IX.
Fire Department Training Facility..........
CDA:4
X.
Library..........
CDA:4
XI.
Parks, Beaches, Recreation..........
CDA:4
XII.
Peddlers, Solicitors and Canvassers..........
CDA:7
XIII.
Police Department..........
CDA:7
XIV.
Public Transportation Carriers..........
CDA:8
XV.
Reserved..........
CDA:8
XVI.
Reserved..........
CDA:8
XVII.
Reserved..........
CDA:8
XVIII.
Reserved..........
CDA:8
XIX.
Streets, Sidewalks, Other Public Places..........
CDA:8
XX.
Reserved. Taxation and Other Fees..........
CDA:10
XXI.
Traffic and Motor Vehicles..........
CDA:17
XXII.
Transportation Impact Fee..........
CDA:18
XXIII.
Tree Protection..........
CDA:18
XXIV.
Utilities--General Information and Deposits..........
CDA:18
Attachment number 1
Page 37 of 60
Ordinance No. 7724-07
38
XXV.
Public Works Utility Fees, Rates and Charges..........
CDA:21
XXVI.
Clearwater Gas System Fees, Rates and Charges..........
CDA:43
XXVII.
Waterways and Vessels..........
CDA:55
XXVIII.
Business Tax Receipt Occupational License Fees..........
CDA:55
Subject Amount
* * * * * *
XX. TAXATION AND OTHER FEES: RESERVED
(1) Occupational license tax:
(a) Registration fee for persons not maintaining a permanent
business (§ 29.30(3)) . . . 25.00
(b) Duplicate license fee (§ 29.33) . . . 10.00
(c) Transfer fee (§ 29.38(1), (2)) . . . 3.00
(Ord. No. 5887-95, § 1, 8-17-95; Ord. No. 6533-00, § 1, 4-20-00)
* * * * * *
XXVIII. BUSINESS OCCUPATIONAL LICENSE TAX FEES:
TABLE INSET:
Category No.
Sub Category
No.
Category
Fee
001.000
ABSTRACT OR TITLE COMPANIES Abstract or title companies ……….
$243.00
002.000
ADMINISTRATIVE OFFICE Administrative office ..........
90.75
003.000
ADVERTISING OR MARKETING Advertising or marketing
003.010
003.010
Agency, general..........
66.50
Attachment number 1
Page 38 of 60
Ordinance No. 7724-07
39
003.020
003.020
Coupon book publisher or distributor (See note B)..........
121.25
003.030
003.030
Directory or guidebook publisher..........
121.25
003.040
003.040
Handbill or sample distributor..........
66.50
003.050
003.050
Soliciting for publication not listed in city..........
54.25
003.070
003.070
Reserved Outdoor signs, advertising for other than the business on the
premises..........
66.50
003.080
003.080
Welcome or greeting service..........
60.50
003.090
003.090
Trade inducement business, NOC..........
133.50
004.000
ADULT ENTERTAINMENT ESTABLISHMENT Adult entertainment
establishment (See note B; and C) See Chapter 41, Article V) ..........
1,215.25
005.000
AGENT OR AGENCY Agent or agency (See also brokers):
005.010
005.010
Book or magazine..........
54.25
005.020
005.020
Claim or collection (see note B)..........
133.50
005.030
005.030
Credit reporting and mercantile..........
78.75
005.040
005.040
Employment, General Agency..........
78.75
005.041 Employment, Day Labor (See notes B and C) ……… 78.75
005.042 Employment, Staff Leasing / Temporary Service ………. 78.75
005.050
005.050
Manufacturers/sales representative, NOC..........
54.25
005.060
005.060
Private detective or company (See note B D)..........
133.50
005.070
005.070
Property management or leasing..........
66.50
005.080
005.080
Talent (see note D)..........
78.75
005.090
005.090
Travel (see note D)..........
90.75
006.000
AIRCRAFT Aircraft (See note B; requires Engineering Marine and Aviation
Dept. approval):
Attachment number 1
Page 39 of 60
Ordinance No. 7724-07
40
006.010
006.010
Charter or rental (See note B; requires Marine and Aviation Dept.
approval)..........
133.50
006.020
006.020
Flying instruction (See note B, requires Marine and Aviation Dept.
approval)..........
133.50
006.030
006.030
Passenger service (See note B, requires Marine and Aviation Dept.
approval)..........
133.50
006.040
006.040
Sales, new or used (See note B, requires Marine and Aviation Dept.
approval)..........
133.50
006.050
006.050
Servicing (See note B, requires Marine and Aviation Dept. approval)..........
133.50
006.060
006.060
Storage, field or hangar (See note B, requires Marine and Aviation Dept.
approval)..........
133.50
007.000
AIRPORT Airport (See note B, Requires Marine and Aviation Dept.
approval)..........
273.25
008.000
ALARM SYSTEM MONITORING; Fire, Burglary, Medical Alarm system
business , fire, burglary, medical monitoring (See note B)..........
66.50
009.000
AMBULANCE SERVICE Ambulance service (See article III of chapter
25)..........
66.50
Plus each per vehicle..........
24.00
010.000
ANIMALS Animals
010.010
010.010
Kennel/Boarding, Breeding (See note C)..........
66.50
010.030
010.030
Groomer..........
54.25
011.000
APPRAISER Appraiser (See note D for real estate)..........
78.75
012.000
ARMORED CAR SERVICE Armored car service (See note B)..........
66.50
Plus for each vehicle..........
24.00
013.000
ARTIST,( includes graphic design) Artist ..........
90.75
014.000
AUCTIONEER Auctioneer (See notes B and D)..........
267.00
014.010
014.010
Auction gallery (See notes B and D)..........
820.00
Attachment number 1
Page 40 of 60
Ordinance No. 7724-07
41
015.000 AUDITOR Auditor.......... 84.75
016.000
AUTOMOTIVE Automotive:
016.010
016.010
Dealership - Sale of new and used vehicles ..........
486.00
016.020
016.020
Dealer - Sale of only used motor vehicles (See Note D)..........
364.50
016.030
016.030
Garage - General repairs or replacements (See note D), for 10 bays or
less..........
90.75
016.031
Plus,For each additional bay..........
12.00
016.040
016.040
Rental - Autos, trucks, recreational vehicles..........
182.00
016.050
016.050
Parking lot, permanent or temporary (See note C)
016.051
016.051
1--10 spaces..........
30.00
016.052
016.052
11--50 spaces..........
42.25
016.053
016.053
Over 50 spaces..........
90.75
016.060
016.060
Storage
016.061
016.061
1--50 spaces..........
66.50
016.062
016.062
Over 50 spaces..........
133.50
016.070
016.070
Washing and polishing..........
30.00
016.080
016.080
Wrecker or towing service..........
54.25
016.090
016.090
Service station, per fuel pump..........
30.00
017.000
BAIT DEALER Bait dealer..........
42.25
018.000
BAKERY Bakery goods , retail..........
66.50
019.000
BANKS Banks(including savings and loan associations) for each bank
location main or branch ..........
303.50
019.010
019.010
Automatic teller machines, each machine ..........
121.50
Attachment number 1
Page 41 of 60
Ordinance No. 7724-07
42
020.000
BARTENDER Bartender, free lance..........
60.50
021.000
BATHHOUSE Bathhouse (see chapter 9 division III)..........
30.00
021.010
021.010
Technician..........
66.50
022.000
BEAUTY SALON/BARBER SHOP, NAIL SALON, TANNING SALON, (See
Note D)........ Beauty salon/barber shop, nail salon, tanning salon
48.25
Plus, for each chair or booth (see note D)..........
12.00
022.010
Manicurist (see note D)..........
30.00
024.000
BOATS AND BOAT TRAILERS Boats and boat trailers: (includes jet skis
and wave runners)
023.010
023.010
Dealers..........
121.50
023.020
023.020
Repairs and service..........
72.50
023.030
023.030
Rental (needs harbormaster Marine and Aviation Dept approval) (includes
jet skis and wave runners)..........
42.25
023.040
023.040
Storage..........
90.75
023.041
023.041
Washing and polishing..........
30.00
024.000
BOAT, PASSENGER, each boat Boats, passenger (needs harbormaster
Marine and Aviation Dept approval) (includes charter, parasail and shuttle
service) :
024.010
024.010
1--15 passengers..........
48.25
024.020
024.020
16--25 passengers..........
66.50
024.030
024.030
26--50 passengers..........
78.75
024.040
024.040
51--100 passengers..........
90.75
024.050
024.050
101--300 passengers..........
121.50
024.060
024.060
Over 300 passengers..........
243.00
025.000
BOOKKEEPING SERVICE Bookkeeping service..........
66.50
Attachment number 1
Page 42 of 60
Ordinance No. 7724-07
43
026.000
BROADCASTING, RADIO AND TELEVISION STATION OR STUDIO
Broadcasting, radio and television station or studio..........
133.50
027.000
BROKER Broker, each
027.010
027.010
Broker, mortgage (see note D)..........
66.50
027.020 027.020
Broker, merchandise..........
66.50
027.030
027.030
Broker, stocks, bonds, etc., dealer..........
200.25
027.040
027.040
Broker, stocks, bonds, etc., individual not employed by a dealer holding a
business tax receipt from the City of Clearwater..........
133.50
027.050
027.050
Broker, real estate (see note D)..........
66.50
Plus for each sales associate additional salesperson..........
30.00
028.000
BUSINESS ADVISORY SERVICES Business advisory services, NOC..........
133.50
029.000
(Reserved)
030.000
BUYERS CLUB Buyers club..........
121.50
031.000
CATERER Caterer..........
66.50
032.000
CEMETERY / CREMATORIUM Cemetery/crematorium..........
243.00
033.000
CLEANING, PRESSING AND DYEING Cleaning, pressing and dyeing
033.010
033.010
Plant..........
212.25
033.020
033.020
Branch/collection, each..........
66.50
033.030
033.030
Self service coin operated or hand laundry..........
78.75
Plus, per each machine..........
1.10
033.040
033.040
Carpet cleaning on-site..........
66.50
034.000
COIN AND/OR STAMP DEALER Coin and/or stamp dealer (see note
B)..........
66.50
035.000
COMMERCIAL RECREATION / ENTERTAINMENT Commercial
486.00
Attachment number 1
Page 43 of 60
Ordinance No. 7724-07
44
recreation/entertainment, NOC..........
035.010
035.010
Dealer or lessor of amusement machines..........
133.50
035.020
035.020
Miniature golf..........
66.50
035.030
035.030
Per Amusement game/ machine/ or ride (excluding dealer), each..........
40.25
035.040 035.040
Entertainer (each) (see note B)..........
66.50
035.050
035.050
Skating rink, shuffleboard, archery range or golf course..........
133.50
035.060
035.060
Billiard parlor, first table..........
84.75
Per Plus, each additional table..........
12.00
035.070
035.070
(Reserved)
035.080
035.080
Theaters, with up 1 to 150 seats..........
303.50
035.081
035.081
Theaters, with 150 151 or more seats..........
668.25
036.000
CONSULTANT Consultant, NOC..........
90.75
037.000
CONTRACTORS Contractors, general construction:
037.010
037.010
Class "A" general (see note D)..........
303.50
037.020 037.020
Class "B" building (see note D)..........
212.25
037.030 037.030
Class "C" residential (see note D)..........
121.50
038.000
CONTRACTORS OR SUBCONTRACTORS Contractors or subcontractors
(not general)
038.010 038.010
Acoustics..........
66.50
038.020 038.020
Air conditioning contractor, Class A (See note D)..........
182.00
038.021 038.021
Air conditioning contractor, Class B (See note D)..........
121.50
038.022 038.022
Air conditioning contractor, Class C (See note D)..........
84.75
038.030 038.030
Alarm systems specialty Contractor (See note D)..........
66.50
Attachment number 1
Page 44 of 60
Ordinance No. 7724-07
45
038.040 038.040
Aluminum Speciality Structure (See note D)..........
66.50
038.045 Asbestos, (See Note D) 66.50
038.050 038.050
Awning, shades and blinds..........
54.00
038.060 038.060
Boiler..........
66.50
038.070 038.070
Carpentry Specialty(See note D)..........
66.50
038.080 038.080
Cabinetry and millwork Cabinet (See note D)..........
66.50
038.090 038.090
Communication systems specialty (See note D) ..........
66.50
038.100 038.100
Demolition, building (See note D)..........
66.50
038.110 038.110
Dredging..........
66.50
038.120 038.120
Drywall (see note D)..........
66.50
038.130 038.130
Electrical (see note D)..........
182.00
038.140 038.140
Excavating, including filling, grading, and land clearing..........
66.50
038.150 038.150
Elevator (See note D)..........
66.50
038.160 038.160
Exterminator (See note D)..........
66.50
038.170 038.170
Fence erection (See note D)..........
66.50
038.175 Finish Carpentry (See Note D) ……… 66.50
038.180 038.180
Fire sprinkler system, building (See note D)..........
66.50
038.181 Fire suppression (See Note D) ……… 66.50
038.190 038.190
Flat work masonry specialty (See note D)..........
66.50
038.200 038.200
Floor covering, laying carpet / vinyl, sanding, finishing..........
66.50
038.210 038.210
Gas, natural (See note D)..........
66.50
038.220 038.220
Gas, liquid petroleum (See note D)..........
66.50
038.230 038.230
Garage door and operator installation (See note D) (See: Shutter and
opening protectives)..........
66.50
Attachment number 1
Page 45 of 60
Ordinance No. 7724-07
46
038.240 038.240
Glass and glazing (See note D)..........
66.50
038.250 038.250
Gunite and sandblasting..........
66.50
038.260 038.260
Hauling, trucking or moving..........
66.50
038.270 038.270
House moving (FDOT)..........
66.50
038.280 038.280
Installation, NOC..........
66.50
038.290 038.290
Insulation..........
66.50
038.300
038.300
Irrigation systems specialty (See note D)..........
66.50
038.310
038.310
Janitorial service..........
66.50
038.320 038.320
Landscaping/tree surgery..........
66.50
038.330 038.330
Lawn, yard and garden care..........
42.25
038.335 Lighting (See Note D) 66.50
038.338 Limited energy system (See Note D) 66.50
038.340 038.340
Low voltage systems specialty (See note D)..........
66.50
038.350 038.350
Maintenance work (NOC)..........
66.50
038.360 038.360
Marble setting includes tile (See note D)..........
66.50
038.370 038.370
Marine specialty (See note D)..........
66.50
038.380 038.380
Mechanical contractor (See note D)..........
182.00
038.390 038.390
Mobile home setup specialty installer (See note D, Dept of Highway Safety &
Motor Vehicles)..........
66.50
038.400 038.400
Ornamental iron work..........
66.50
038.410 038.410
Painting - including paperhanging (See note D)..........
66.50
038.420 038.420
Paperhanging (only)..........
66.50
038.430 038.430
Partitions, movable..........
66.50
038.440 038.440
Paving (See note D)..........
66.50
Attachment number 1
Page 46 of 60
Ordinance No. 7724-07
47
038.450 038.450
Pile driving (See note D)..........
66.50
038.460 038.460
Pipeline (See note D)..........
66.50
038.470 038.470
Plaster and stucco specialty (see note D)..........
66.50
038.480 038.480
Plumbing (See note D)..........
182.00
038.490 038.490
Pollutant storage systems; gasoline, oil, etc (See note D)..........
66.50
038.500 038.500
Pressure cleaning..........
66.50
038.510 038.510
Prestressed precast concrete specialty (See note D)..........
66.50
038.520
038.520
Refrigeration, commercial and industrial (See note D)..........
66.50
038.530 038.530
Reinforcing steel specialty (See note D)..........
66.50
038.540 038.540
Roofing (See note D)..........
66.50
038.550
038.550
Septic tank/sewer cleaning..........
66.50
038.560
038.560
Sheet metal (See note D)..........
66.50
038.570
038.570
Shutter and opening protectives (See note D)..........
66.50
038.580
038.580
Signs - electrical (See note D)..........
66.50
038.590
038.590
Signs - nonelectrical (See note D)..........
66.50
038.600
038.600
Solar (See note D)..........
66.50
038.610
038.610
Steel reinforcing (See note D)..........
66.50
038.620
038.620
Structural masonry specialty (See note D)..........
66.50
038.630
038.630
Structural steel (See note D)..........
66.50
038.640
038.640
Swimming pool, residential (See note D)..........
66.50
038.641
038.641
Swimming pool, commercial (See note D)..........
66.50
038.642
038.642
Swimming pool, service servicing (See note D)..........
66.50
Attachment number 1
Page 47 of 60
Ordinance No. 7724-07
48
038.643 Swimming pool, cleaning 66.50
038.650
038.650
Tile and marble specialty (See note D)..........
66.50
038.660
038.660
Underground utility (See note D)..........
66.50
038.670
038.670
Veneer specialty (See note D)..........
66.50
038.680
038.680
Water softener installation and service..........
66.50
038.690
038.690
Welding (requires certification)..........
66.50
038.700
038.700
Well drilling (requires certification from SWFWMD)..........
66.50
038.710
038.710
Window cleaning..........
42.25
038.720
038.720
Wrecking and dismantling (other than building)..........
66.50
039.000
COSTUME OR CLOTHING RENTAL Costume or clothing rental..........
54.25
040.000
DATA PROCESSING Data processing consultant/programmer
90.75
040.010
040.010
Data processing software Consultant / programmer..........
66.50 90.75
040.020 Web Designer 90.75
041.000
DATING / ROOMMATE / ESCORT SERVICE Dating/roommate service (See
note B)..........
133.50
042.000
DECORATOR, INTERIOR Decorator, interior..........
66.50
043.000
DELIVERY / MESSENGER SERVICE Delivery/messenger service(includes
first vehicle)..........
66.50
Plus, per each additional vehicle..........
24.00
044.000
DESIGNER, INDUSTRIAL Designer, industrial (See note D)..........
66.50
045.000
DISC JOCKEY, FREE LANCE Disc jockey, free lance..........
66.50
046.000
DIVER Diver..........
60.50
047.000
DRAFTSMAN Draftsman..........
90.75
048.000
ELECTRIC POWER COMPANY Electric power company..........
182.00
Attachment number 1
Page 48 of 60
Ordinance No. 7724-07
49
049.000
EQUIPMENT RENTAL Equipment rental, small tools or appliances.........
66.50
049.010
049.010
Equipment rental, large Large, heavy duty equipment..........
133.50
049.020 Small tools / equipment, appliances, etc 66.50
049.030 Mail Boxes 66.50
050.000
FLORIST Florist .........
66.50
050.100 FORTUNE TELLER, each ( includes astrologer, clairvoyant, palmist,
psychic, tarot card reader) (See notes B and D) ……. 133.50
051.000
FREE SERVICE BUREAU Free service bureau..........
84.75
052.000
FURNITURE, REFINISH, REUPHOLSTER, CLEAN AND REPAIR Furniture,
refinish, reupholster, clean and repair..........
66.50
053.000
GROUP CARE / COMMUNITY RESIDENTIAL HOME Group care facilities
053.010
053.010
Congregate care (21 or more clients)..........
182.00
053.020
053.020
Convalescent/nursing home..........
182.00
053.030
053.030
Community Residential Home Family care home (1--6 clients)..........
42.25
053.040
053.040
Community Residential Home Group care, level I (7--14 clients)..........
54.25
053.050
053.050
Assisted Living Facility Group care, level II (15--20 clients)..........
84.75
053.060
053.060
Half Way House Group care, level III (1--20 - special treatment)..........
102.75
053.070 Home care / companion, non healthcare (See not B) ……….. 133.50
054.000
GUNS DEALER Guns, includes repair (See note B and C, No home
occupation; requires federal firearms license), dealer, includes repair..........
133.50
055.000
HEARING AID, AGENT OR DEALER Hearing aid, agent or dealer..........
77.50
056.000
HOSPITAL Hospital..........
267.00
057.000
INCOME TAX PREPARER Income tax preparer..........
66.50
058.000
INSURANCE Insurance
058.010
058.010
Per each company, Company, per each class, and type of insurance
(accident, auto, fire, health, home, life, etc)..........
90.75
Attachment number 1
Page 49 of 60
Ordinance No. 7724-07
50
058.020
058.020
Adjuster..........
78.75
058.030
058.030
Agency (includes 1 principal, owner, manager or agent)..........
66.50
058.031
Plus, per each additional agent , customer service..........
30.00
058.040
(Reserved)
058.050
058.050
Agent, independent..........
90.75
059.000
ITINERANT OR PERMANENT, KNIFE / TOOL SHARPENER Itinerant or
permanent, knife tool sharpener..........
30.00
059.010
ITINERANT, AGRICULTURE PEDDLER Itinerant, agriculture peddler..........
42.25
060.000
KINDERGARTEN, NURSERY OR DAY CARE CENTER, commercial site
Kindergarten, nursery or day care (See notes B and D)..........
54.25
060.010 Day Care Home, residential site, (See notes B and D) 54.25
060.020 Nanny, Professional Babysitter, (See notes B and D) 54.25
061.000
LABORATORY Laboratory (includes dental, medical, ambulatory center,
research, analytical, photo, chemical testing, etc.)..........
96.75
Plus, per each employee..........
24.00
061.010 Blood Plasma Center (See note C) 96.75
Plus, each employee …………. 24.00
062.000
LAND DEVELOPERS Land developers..........
133.50
063.000
LECTURER Lecturer and instructor.........
84.75
064.000
LOAN, FINANCE, CONSUMER DISCOUNT, OR MORTGAGE LENDING
COMPANY Loan, finance or consumer discount company (See note
D)..........
303.50
064.010 Check Cashing, (See note B & C) …………. 133.50
064.020 Money Exchange, (See Note B & C) ………. 133.50
065.000
LOCKSMITH Locksmith (See note B)..........
54.25
066.000
MAIL ORDER ESTABLISHMENT Mail order establishment..........
66.50
066.010 Internet Sales Business (See 070.040 Merchant for new merchandise 66.50
Attachment number 1
Page 50 of 60
Ordinance No. 7724-07
51
inventory value over $3,000)……….,
067.000
MAILING, PACKAGING, ADDRESSING, FAXING Mailing, packaging,
addressing, faxing..........
66.50
068.000
MANUFACTURING Manufacturing , fabricating, processing, compounding
068.010
068.010
1 employee (including owner)..........
54.25
068.020
068.020
2--4 employees (including owner)..........
78.75
068.030
068.030
5--10 employees (including owner)..........
108.75
068.040
068.040
11--25 employees (including owner)..........
133.50
068.050
068.050
26--50 employees (including owner)..........
200.25
068.060
068.060
51--100 employees (including owner)..........
267.00
068.070
068.070
101--500 employees (including owner)..........
303.50
068.080
068.080
Over 500 employees (including owner)..........
498.00
069.000 MASSAGE ESTABLISHMENT Massage establishment (See note D and
Chapter 9)..........
72.50
069.010
069.010
Massage therapist, each (See note D and Chapter 9)..........
42.25
070.000
MERCHANT OR MERCHANDISING Merchant or merchandising: Inventory
cost value excludes tobacco and alcoholic beverages (See note B for sale of
used merchandise, and alcoholic beverages)
070.010
070.010
Inventory cost value $1,000.00 or less..........
42.25
070.020
070.020
Inventory cost value $1,001 to $1,999 Over $1,000.00 but less than
$2,000.00..........
54.25
070.030
070.030
Inventory cost value $2,000 to $2,999 Over $2,000.00 but less than
$3,000.00..........
66.50
070.040
070.040
Inventory cost value $3,000.00 and over..........
66.50
Plus, each per $1,000.00 or any fraction thereof over $3,000.00..........
5.10
070.050
070.050
Mobile tool sales..........
133.50
Attachment number 1
Page 51 of 60
Ordinance No. 7724-07
52
070.060
070.060
Antiques, used merchandise (See note B)..........
66.50
070.070
070.070
Merchant, temporary permanent/location (Christmas tree and pumpkin
sales)..........
60.00
070.080
070.080
Merchant, itinerant, permanent/location..........
182.00
070.090
070.090
Merchant, show or flea market, per exhibitor, includes food vendors, per
event/show..........
9.70
070.100
070.100
Downtown convention/exhibition center..........
3,646.00
070.110
070.110
Hardware store or lumber yard with an inventory value less than
$100,000.00..........
231.50
070.120
070.120
Merchant, ice cream truck, each driver (See notes B and D)..........
55.00
071.000
MOBILE HOMES Mobile homes
071.010
071.010
Dealer (new or used) sales and service..........
133.50
071.020
071.020
Park, rental 1 to 25 spaces..........
84.75
Plus per, each additional space over 25..........
3.90
071.030
071.030
Transport service (if independent of city licensed dealer or manufacturer
holding a City of Clearwater business tax receipt)..........
78.75
072.000
MOTORCYCLE Motorcycle, dealer..........
96.75
072.010
072.010
Motorcycle, scooter or bicycle rental..........
66.50
073.000
MOVING, TRANSFER COMPANY Moving, transfer company (See note B
and D)..........
108.75
074.000
MUSIC MACHINES / JUKE BOX Music machines/juke-box, coin operated:
(not amusement or vending machines)
074.010
074.010
Dealer or lessor..........
133.50
074.020
074.020
Operator or lessee, each machine..........
42.25
075.000
NEWSPAPER, PERIODICAL OR NEWSLETTER Newspaper, periodical or
newsletter:
Attachment number 1
Page 52 of 60
Ordinance No. 7724-07
53
075.010 075.010 Less than 6 issues per week.......... 90.75
075.020 075.020
6 Or more issues per week..........
267.00
075.030
075.030
Agency or bureau..........
133.50
075.040 NOTARY PUBLIC, independent ………… 66.50
076.000
NURSERY, PLANTS Nursery, plants (See note D)..........
66.50
077.000
PATROL, NIGHT PATROLMAN, OR PRIVATE WATCHMAN, SECURITY
GUARD: Patrol, night patrolman, or private watchman
077.010 077.010
Firm (See note B)..........
90.75
077.020
077.020
Individual (See note B)..........
42.25
078.000
PAWN BROKER Pawn broker (See note B and D)..........
400.75
079.000
PETROLEUM PRODUCTS Petroleum products, wholesale..........
267.00
079.010 079.010
Petroleum products, deliver / sale, includes LP..........
133.50
080.000
PHOTOGRAPHY, Photographer or Video Taping Photography (See note
B)..........
66.50
080.010 Video Taping, Videographer (See note B) 66.50
081.000
PIANO TUNER Piano tuner..........
30.00
082.000
PLATING OR ANODIZING, METAL Plating or anodizing, metal..........
66.50
083.000
PRINTING, PUBLISHING Printing, publishing, engraving, lithographing and
binding (includes blueprinting services)..........
72.50
083.010 Publishing, Desk Top 72.50
084.000
PROFESSIONAL Profession (per licensee and per location)
084.010
084.010
Accountant (See note D if CPA)..........
121.50
084.020
084.020
Architect (See note D)..........
121.50
084.030
084.030
Attorney (See note D)..........
121.50
084.040
084.040
Chiropractor (See note D)..........
121.50
Attachment number 1
Page 53 of 60
Ordinance No. 7724-07
54
084.041
084.041
Counselor/social worker (See note D)..........
90.75
084.050
084.050
Court reporter..........
90.75
084.060
084.060
Dental hygienist (See note D)..........
90.75
084.070
084.070
Dentist (See note D)..........
121.50
084.090
084.090
Designer, interior (See note D)..........
121.50
084.100
084.100
Embalmer/funeral director/undertaker (See note D)..........
121.50
084.110
084.110
Engineer (See note D)..........
121.50
084.120
084.120
Homeopathic physician..........
121.50
084.121 Mental Health Counselor (See note D) ……. 121.50
084.130
084.130
Occupational therapist (See note D)..........
121.50
084.140
084.140
(Reserved)
084.150
084.150
Optician, including sale of lenses and frames (See note D)..........
121.50
084.160
084.160
Optometrist (See note D)..........
121.50
084.170
084.170
(Reserved)
084.180
084.180
Physician (See note D)..........
121.50
084.190
084.190
Physiotherapist (See note D)..........
121.50
084.200
084.200
Profession, NOC (See note D)..........
121.50
084.210
084.210
Psychologist (See note D)..........
121.50
084.211 Process Server (See note D)……… 90.75
084.220
084.220
Surveyor (See note D)..........
121.50
084.230
084.230
Veterinarian, also see animals (See notes C and D)..........
121.50
085.000
PROMOTER / PROMOTIONS, exhibits, shows, sports events/tournaments,
or similar type events Promoter/promotions (See note B) (if temporary, per
243.00
Attachment number 1
Page 54 of 60
Ordinance No. 7724-07
55
event)..........
086.000
RAILROAD Railroad ..........
273.25
087.000
RECORDING STUDIO Recording studio..........
66.50
088.000
REFUSE COLLECTION AND DISPOSAL SERVICE Refuse collection and
disposal service, (May Require Solid Waste Dept approval, See Chapter 32)
See note and Sec. B, 32.292 City Code)
273.25
089.000
REFUSE MACHINE, COMPACTING AND / OR BINDING: Refuse
machine, compacting and/or binding
089.010
089.010
Owner or lessor..........
267.00
089.020
089.020
Operator or lessee, per machine..........
121.50
090.000
RENTAL PROPERTY Rental, NOC (See note B)..........
66.50
090.010
090.010
Hall, Banquet Facility Hall/ facility/property, nonresidential use (See note
B)..........
121.50
091.000
SINGLE FAMILY / DUPLEX: Rental Period, 30 days or more,
1 - 5 units on the same or contiguous parcels Rental, units (1--5)..........
30.00
Plus, each additional unit per unit over 5 ………. 1.70
091.010 SINGLE FAMILY / DUPLEX: Rental Period, less than 30 days, (See note C)
1 - 5 units on the same or contiguous parcels 30.00
Plus, each additional unit 1.70
091.020 APARTMENT: Rental Period, 30 days or more, 3 – 5 units
30.00
Plus, each additional unit 1.70
091.030 APARTMENT: Rental Period, less than 30 days, 3 – 5 units (See note C) 30.00
Plus, each additional unit 1.70
091.040 CONDO/TOWNHOUSE: Rental Period, 30 days or more,
1-5 units within the same complex 30.00
Plus, each additional unit 1.70
091.100 CONDO/TOWNHOUSE: Rental Period, less than 30 days, (See note C)
1 – 5 units within the same complex 30.00
Plus, each additional unit 1.70
091.060 HOTEL, MOTEL: (See note D) 1 – 5 units 30.00
Plus, each additional unit 1.70
091.070 BED AND BREAKFAST: (See notes C and D) 1 – 5 rooms 30.00
Plus, each additional room 1.70
Attachment number 1
Page 55 of 60
Ordinance No. 7724-07
56
091.080 COMMERICAL: 1 – 5 units 30.00
Plus, each additional unit 1.70
091.090 Rental Property, NOC: 1 - 5 units 30.00
Plus, each additional unit 1.70
092.000
REPAIR AND SERVICE, NOC Repair and service, NOC (includes
handyman), owner..........
54.25
Plus, for each employee (other than owner)..........
12.00
093.000
RESTAURANT Restaurant (See note D; and note B for alcoholic beverage
sales)
093.010
093.010
1--10 seats..........
42.25
093.020
093.020
11--25 seats..........
66.50
093.030
093.030
26--50 seats..........
133.00
093.040
093.040
51--100 seats..........
200.25
093.050
093.050
101 or more seats..........
267.00
093.060
096.060
Snack bar, soda fountain..........
54.25
093.070
093.070
Concession stand/vendor, per location or unit..........
54.25
093.080
093.080
Canteen wagon or truck, per mobile unit..........
60.50
093.090
093.090
Drive-in or drive-through/take out or delivery..........
90.75
093.100
093.100
Nightclub/bar/tavern/cabaret/lounge (See note B; see adult use
entertainment; see commercial recreation/entertainment, entertainers)..........
267.00
093.110
093.110
Dancing area..........
54.25
093.120 Nightclub Entertainment (live music, comedy act, karaoke) 66.50
094.000
SCHOOLS / TRADE, STUDIO AND INSTRUCTION Schools - trade, studio
and instruction(See note D; also see note B for dancing or charm
schools)..........
66.50
094.010 Health Club (See note D) 66.50
094.020 Personal Trainer 66.50
Attachment number 1
Page 56 of 60
Ordinance No. 7724-07
57
095.000 SECRETARIAL SERVICES Secretarial service (includes
stenographers)..........
66.50
096.000
SEWING Sewing (dressmaker, seamstress, tailor, etc.)..........
54.25
097.000
SHOE REPAIR OR SHOE POLISHING STAND Shoe repair (or boot black
stand).........
54.25
098.000
SITTING / HOUSE, PLANT, PET Sitting - house, plant, pet (See note
B)..........
60.50
098.500
SPECIAL EVENTS – CITY SPONSORED Special events – city sponsored,
per day, per exhibit ..........
1.20
099.000
STORAGE / WAREHOUSING Storage/warehousing
099.010
099.010
Indoor, per 1,000 square feet (minimum $50.00 fee)..........
12.00
099.020
099.020
Outdoor, per 1,000 square feet (minimum $50.00 fee)..........
24.00
100.000
TATTOO PARLORS Tattoo parlors (See note C and D, and Florida State
Statute 877.04, letter from doctor required)..........
121.50
101.000
TAXICAB Taxicab, includes first vehicle (See note B and Chapter 25, proof
of insurance with City listed as additional insured party)..........
66.50
Plus for each additional vehicle..........
24.00
102.000
TAXIDERMIST Taxidermist..........
54.25
103.000
TELEPHONE AND TELEGRAPH Telephone and telegraph
103.010
103.010
Telephone, company..........
273.25
103.020
103.020
Each branch office..........
36.00
103.030
103.030
Telephone, business, private (includes 900 service; see note B)..........
66.50
103.040
103.040
Telephone, solicitation (See notes B and D)..........
66.50
103.050
103.050
Telephone, answering service..........
66.50
104.000 TOILETS, PORTABLE SERVICE Toilets, portable service.......... 121.50
105.000
TRAILER, CARGO Trailer, cargo (for boat trailers, see boats)
105.010
105.010
Trailer, cargo, sales and service..........
66.50
Attachment number 1
Page 57 of 60
Ordinance No. 7724-07
58
105.020
105.020
Trailer, cargo, rental..........
54.25
106.000
TRANSIT OR READY-MIX CEMENT AND CONCRETE Transit or ready-mix
cement and concrete..........
267.00
(This business tax receipt license required of any distributor making
deliveries and/or sales within city limits, regardless of location of plant.)
107.000
TRANSPORTATION SERVICES Transportation services (bus station -
interstate, chartered, limousine, sightseeing) (See chapter 25, proof of
insurance with City listed as additional insured party; see note B)..........
255.00
108.000
VACUUM CLEANER SALES AND SERVICE Vacuum cleaner sales and
service..........
66.50
109.000
VALET PARKING, each location Valet parking..........
60.50
110.000
VENDING MACHINES Vending machines (excluding amusement, music
machines, cigarette or stamp machines)
110.010
110.010
Dealer or lessor..........
66.50
110.020 110.020
Operator or lessee, per machine..........
12.00
111.000
VIDEO OR FILM RENTALS Video or film rentals..........
66.50
112.000
WRECKING YARD Wrecking yard..........
267.00
113.000
UNCLASSIFIED , any business, occupation, profession or exhibition not
specifically designated. (may require Note B) Unclassifed, every business
occupation, profession or exhibition, substantially fixed or temporarily
engaged in by any person within the city and for which no license has been
ordained and not herein specifically designated (See note B)..........
133.50
Other related occupational license fees/charges:
The duplicate license fee shall be $16.50.
The minimum occupational tax shall be $25.00 (state statute).
Penalty, delinquent and administrative fees:
The penalty fee (operating prior to obtaining a license) shall be equal to 25 percent of
the established fee.
The delinquent fee shall be ten percent for the month of October plus five percent for
each month of delinquency, not to exceed 25 percent of the established occupational
license tax.
In addition to penalty fee, he administrative fee shall be two times the normal fee with
a maximum of $250.00 per license on accounts not paid by January 31st following
the renewal notice.
Attachment number 1
Page 58 of 60
Ordinance No. 7724-07
59
The REGISTRATION FEE shall be $27.50
A TRANSFER FEE shall be up to 10% of the annual license tax but not less than
$3.00 or more than $25.00
Notes:
A. Requires approval by the city commission.
B. Requires city police department recommendation. The applicant shall
complete a background information report, executed under oath, and shall
submit to a background investigation, photograph, and fingerprints. The
recommendation shall be based upon the criteria set forth in section 29.41(6)
and shall include a statement of the facts upon which the recommendation is
based.
C. Reserved.
D. Requires inspection, approval or license of state or county authority.
NOC - Not otherwise classified.
OTHER RELATED FEES / CHARGES SHALL BE AS FOLLOWS:
ADMINISTRATIVE FEE shall be 2 times the annual business tax fee, in
addition to the 25 percent delinquent fee, on business tax receipt not
renewed by January 31st.
DELINQUENT FEE shall be 10 percent for the month of October, plus an
additional 5 percent for each subsequent month of delinquency, not to
exceed 25 percent of the business tax, on business tax receipt not renewed
by September 30th.
DUPLICATE BUSINESS TAX RECEIPT FEE shall be $16.50
MINIMUM BUSINESS TAX RECEIPT FEE shall be $25.00 (State Statute)
PENALTY FEE shall be 25 percent of the business tax due, for operating a business
prior to obtaining a business tax receipt.
REGISTRATION FEE shall be $27.50
TRANSFER FEE shall be 10 percent of the annual business tax but not less than
$3.00 or more than $25.00; when there is a bona fide sale of the business and
presentation of the original business tax receipt and proof of sale, or when a
business has moved from one location to another within the city limits and
presentation of the original business tax receipt.
Notes:
Attachment number 1
Page 59 of 60
Ordinance No. 7724-07
60
A. Requires approval by the city council commission.
B. Requires city police department recommendation. The applicant shall
complete a background information report, executed under oath, and shall
submit to a background investigation, photograph, and fingerprints. The
recommendation shall be based upon the criteria set forth in section 29.41(6)
and shall include a statement of the facts upon which the recommendation is
based.
C. Reserved. Requires approval by the Planning Department.
D. Requires inspection, approval or license of state or county authority.
NOC - Not otherwise classified.
Section 9. This ordinance shall take effect on the date of adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
_______________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 60 of 60
- 1 –
Development and Neighborhood Services Department
Ordinance no. 7724-07
Summary of changes to the Code of Ordinances
October 6, 2006
The following list provides a summary of the changes in Ordinance 7724-07
related to Occupational Licenses to be called Business Tax Receipts as
mandated by State Statutes:
• Chapter 9, deleting all language for Bathhouses and Massage
Establishments;
• Renewals, penalties, etc. to be due and payable by September 30 of each
year rather than October 1, the starting date of the new license/tax year;
• Section 29.22, deleting the language for “Disclosures required of insurance
agents”, and Section 29.23, deleting the language for “Business of providing
future consumer services”;
• The City Manager or his designee to approve and consider appeals of
business tax receipts rather than the City “Commission”;
• Designate the “Department issuing the business tax receipts” rather than a
specific named department;
• Listing the “Director of the department issuing the business tax receipts”
rather than a specific named department director;
• “Rental unit” to include a commercial unit or space in addition to a residential
use;
• “Taxpayer” instead of “licensee” as defined by the State Statutes;
• Section 29.27, Police background checks to include allowing a state criminal
background check to be submitted in place of a city police background check
provided it meets verification and validity requirements;
• Section 29.28, Evidence of engaging in business, requiring any principal
business that utilizes or requires any contractor, sub-contractor or any other
type of business that also requires a business tax receipt to obtain proof and
maintain the record of the business tax receipt (and deleting the redundant
language of Section 29.51);
• Section 29.30, requiring a business to display the business tax receipt in a
prominent location and each registered business to have the tax receipt or a
copy in/on possession of the business representative while conducting
business within the City;
• Changing the section numbers referenced from the former land development
code to the current community development code sections;
• Section 29.34, change reference to Appendix A rather than Section 29.58 for
required tax applied to certain professions;
• Section 29.37, required identification on trucks to include the telephone
number on both sides;
• Section 29.40, regarding penalties to include processes as set forth in Article
7 of the Community Development Code, and Florida State Statutes, as
amended from time to time;
Attachment number 2
Page 1 of 2
- 2 –
• Section 29.42, revising “Provisional license” to include a 30 day period of
background review by the Police Department with a new follow-up process by
the Police Department if they have denied the back ground check following
issuance of a provisional license, and “Emergency issuance of business tax
receipts” with related language permitting the Director to grant;
• Add new Section 29.58 – Transitional Rules established for Occupational
licenses to Business Tax Receipts;
• Add new Section 29.59 Prima facie evidence of operating a business without
a business tax receipt;
• Appendix A Schedule of Fees, Rates and Charges - making corrections to
terms and references for consistency with current statutes, codes and
regulations, with no increases to current fees.
Attachment number 2
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7771-07 on second reading, amending section 17.38 and repealing section 17.39, Clearwater Code of Ordinances, and
amending Appendix A, Article VIII, Clearwater Code of Ordinances, to add a new schedule of fees for Fire and Life Safety Inspections.
SUMMARY:
Amending existing city ordinance section 17.38 relating to Fire and Life Safety Inspection Fees; and repealing, section 17.39,
Clearwater Code of Ordinances, and amending Appendix A, Article VIII, Clearwater Code Ordinances, to add a schedule of fees for
Fire and Life Safety Inspections to conform with section 633.081 of the Florida Statutes, which allows the governing body of a
municipality, county, or special district with fire safety responsibilities to provide a schedule of fees to pay the cost of inspections and
related administrative expenses. Establishing a revised schedule of fire and life safety inspection fees is required to ameliorate the costs
to the city for providing these services. The existing city ordinance reflects a set of fees that were passed at a second reading on 11-06-
03 and requires an update to reflect current operating costs. Additionally, the revised fee schedule will maintain a balance with
surrounding jurisdictions inspection fees. A proposed fire fee packet provides a comparison fee schedule including local municipalities
and counties, a suggested ordinance change approved by a City Legal representative, F.S. 633.081, and documentation relative to
developer(s) feedback on proposed fees for the City of Clearwater. As noted in F.S. 633.081, “The governing body of a county,
municipality, or special district that has fire safety enforcement responsibilities may provide a schedule of fees to pay only the costs of
inspections conducted pursuant to this subsection and related administrative expenses.” The fee’s proposed have been derived from
multiple fire fee mock-ups, which consisted of fees charged for plan reviews, fire protection sprinkler system reviews, and fire alarm &
detection reviews against the division’s expenses for providing these services. With the passing of this modified ordinance, the Division
of Fire Prevention services will be funded through user fees paid by developers for its fire safety enforcement services, which takes the
burden off of the citizens currently paying for this service through their property taxes.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Clerk
Cover Memo
Ordinance No. 7771-07
ORDINANCE NO. 7771-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO FIRE AND LIFE SAFETY INSPECTION FEES;
AMENDING SECTION 17.38 AND REPEALING SECTION 17.39,
CLEARWATER CODE OF ORDINANCES, AND AMENDING
APPENDIX A, ARTICLE VIII, CLEARWATER CODE OF
ORDINANCES, TO ADD A SCHEDULE OF FEES FOR FIRE
AND LIFE SAFETY INSPECTIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Clearwater Fire & Rescue is charged with providing fire protection and
rescue services to a certain portion of Pinellas County, Florida; and
WHEREAS, Section 633.025, Florida Statutes (2006) requires a municipality,
county, or special district with fire safety responsibilities to adopt and enforce minimum
fire safety standards; and
WHEREAS, Section 633.081, Florida Statutes (2006) allows the governing body
of a municipality, county, or special district with fire safety enforcement responsibilities
to provide a schedule of fees to pay the cost of inspections and related administrative
expenses; and
WHEREAS, a new schedule of fire and life safety inspection fees is required to
ameliorate the costs to the City for providing these services; and
WHEREAS, the City Council finds that the fees imposed herein are reasonably
related to the expenses of the City in providing these services; and
WHEREAS, the City Council finds that the schedule of fees for fire and life safety
inspections would be more properly included in Appendix A, Clearwater Code of
Ordinances; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 17.38, Clearwater Code of Ordinances, is hereby amended
as follows:
Sec. 17.38. [Generally.]
Fire and life safety inspection of existing structures for compliance with to the
"Florida Fire Prevention Codes" will be conducted within the frequency cycle as
Attachment number 1
Page 1 of 3
Ordinance No. 7771-07 2
determined by the fire chief and will be subject to the fees set forth in Appendix A,
Article VIII, Fire and Life Safety Inspection Fees.
a. No fee will be charged for the initial fire and life safety inspection for
compliance within the determined frequency cycle.
b. A fee of $50.00 will be charged for the re-inspection for non-compliance
for structures under 80,000 sq feet. A fee of $100.00 will be charged for
non-compliance of structures 80,000 square feet and over.
c. A fee of $100.00 will be charged for each subsequent re-inspection for
non-compliance thereafter for structures 80,000 square feet and under. A
fee of $200.00 will be charged for structures 80,000 square feet and over.
d. A fee of $40.00 will be charged for each fire and life safety inspection for
the purpose of licensure of facilities.
Section 2. Section 17.39, Clearwater Code of Ordinances, is hereby repealed
in its entirety.
Section 3. Appendix A, Article VIII, Clearwater Code of Ordinance, is hereby
amended as follows:
VIII. Fire and Life Safety Inspection Fees:
(1) Preliminary Site Plans..............................................$200.ea.
(2) New Construction Renovations...............................$0.12 per sq. ft.
(3) 3rd Plan Review ........................................................$100.00 plus $0.12 per sq. ft.
(4) Fire Protection Systems (All)...................................$0.09 per sq ft.
(5) Underground Fire Line .............................................$100.00 ea
(6) Armovers or Add Head to
Existing Sprinkled Spaces ........................................$1.00 per head, $50.00 minimum
(7) Standpipe Systems .................................................. $100.00 ea
(8) Fire Pump ................................................................$250.00 ea fore Review, Inspection,
and acceptance test
(9) Fire Alarm and Detection Systems (All)...................$0.14 per sq ft, $50.00 per panel
(10) Pre-engineered Fire Suppression Fixed Systems (All)
Hood Systems (All) ......................................$75.00
(11) Change of Occupancy Inspection.............................$50.00
(12) Renovation Inspection ..............................................$50.00
(13) Hotwork: Commercial Roofing, Welding, Cutting,
Thermite Welding, Braising, Soldering, Grinding
Thermal Spraying......................................................$100.00
(14) Flammable/Combustible...........................................$50.00
(15) Liquid Storage...........................................................$50.00
(16) Tanks/Container Areas.............................................$50.00
(17) Tank Removal ...........................................................$60.00
(18) LP Storage Cylinders ................................................$50.00
(19) Fireworks Display .....................................................$150.00
(20) Tent permit and Inspection.......................................$150.00.
(21) Certificate of Occupancy Inspection.........................$50.00
Attachment number 1
Page 2 of 3
Ordinance No. 7771-07 3
(22) Red Tag Fee (failed permit inspection).....................$50.00
(23) ALF’s .........................................................................$50.00 per floor
(24) Nursing Homes .........................................................$50.00 per floor
(25) Hospitals ...................................................................$50.00 per floor
(26) Group Homes............................................................$50.00 per floor
(27) Foster Homes ...........................................................$50.00 per floor
(28) Disaster Plan Review ................................................$50.00 per floor
(29) Daycare.....................................................................$50.00 per floor
(30) Occupational License Inspection ..............................$50.00
(31) Periodic Inspection....................................................No Charge
(32) Follow-up Re-inspection ...........................................No Charge
(33) 1st Re-inspection less than 80,000 sq. ft...................$50.00
(34) Subsequent Re-inspection less than 80,000 sq. ft...$100.00
(35) Re- inspection over 80,000 sq. ft ..............................$100.00
(36) Subsequent Re-inspection over 80,000 sq. ft ...........$200.00
(37) Licensure of Facilities Inspection ..............................$50.00
(38) Fire Watch ................................................................$43.00 (per person per hour)
(39) Fire Watch Apparatus Usage....................................$150.00 (per apparatus per hour)
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Robert J. Surette Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 3 of 3
Attachment number 2
Page 1 of 17
Attachment number 2
Page 2 of 17
Attachment number 2
Page 3 of 17
Attachment number 2
Page 4 of 17
Attachment number 2
Page 5 of 17
Attachment number 2
Page 6 of 17
Attachment number 2
Page 7 of 17
Attachment number 2
Page 8 of 17
Attachment number 2
Page 9 of 17
Attachment number 2
Page 10 of 17
Attachment number 2
Page 11 of 17
Attachment number 2
Page 12 of 17
Attachment number 2
Page 13 of 17
Attachment number 2
Page 14 of 17
Attachment number 2
Page 15 of 17
Attachment number 2
Page 16 of 17
Attachment number 2
Page 17 of 17
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Adopt Ordinance 7770-07 on second reading, vacating the 5-foot utility easement lying along the west property line of Lot 25, Bayside
Subdivision No. 2, (A.K.A. 201 Brightwater Drive).
SUMMARY:
Type:Purchase
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review Approval:1) Clerk
Cover Memo
S
GU
L
F
V
I
E
W
CO
R
O
NADO
WATER
BAYSIDE
ST
HA
MD
E
N
BRIGHT
DR
DR
FIFTH
Pa
ss
GUL
F
V
I
E
W
S.
Pa
r
k
w
a
y
S Sh
o
r
e
BAYW
A
Y
B LVD
BLVD
DE
V
O
N
DR
DR
ST
ST
DR
BL
V
D
THIRD
FIRST
M
E
M
O
R
S
.
R
.
6
0
PROJECT
SITE
S.K.S.D.N.T.S
276A 08-29s-15e 11/17/06
City of Clearwater
Public Works Administration / Engineering
Drawn By:Reviewed By:
S - T - RGrid #Date:
Scale:Ordinance
DWG. NO
7770-07
VAC 2006-11
Location Map : Rogers
Vacate the 5-foot drainage/utility easement lying along
the west property line of lot 25 Bayside Subdivision #2
Attachment number 1
Page 1 of 1
1
2
3 4
5
6 7 8 9 10
39 38
37 36
35
34
30
29
28
27
26
25
24
23
22
20
21
22
1
2
3
4
5
6
TR A
34/01
1
1
5'
Drainag
e/Util
i
t
y
E
a
s
e
m
e
n
t
Vacation Request
By Applicant
BAYSIDE SUBDIVISION #2
PB.27 PG.32-33
BRI
G
H
T
W
A
T
ER DR
Exhibit A Map : Rogers
S.K.S.D.1" = 100 ft
276A 08/29s/15e 11/17/06
City of Clearwater
Public Works Administration / Engineering
Drawn By:Reviewed By:
S - T - RGrid #Date:
Scale:Ordinance
DWG. NO
7770-07
VAC 2006-11
Vacate the 5-foot drainage/utility easement lying along
the west property line of lot 25 Bayside Subdivision #2
Attachment number 2
Page 1 of 1
Ordinance No. 7770-07
ORDINANCE NO. 7770-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE FIVE-FOOT UTILITY
EASEMENT LYING ALONG THE WEST PROPERTY LINE
OF LOT 25, BAYSIDE SUBDIVISION NUMBER 2;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Labella Vista of Clearwater, LLC, owner of real property located in the
City of Clearwater, has requested that the City vacate the utility easement depicted in
Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
Five-foot utility easement lying along the west property line of Lot 25,
Bayside Subdivision Number 2, as recorded in Plat Book 27, Pages 32-33,
Public Records of Pinellas County, Florida
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _________________________
PASSED ON SECOND AND FINAL
READING AND ADOPTED _________________________
______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
______________________________ ______________________________
Carlos F. Colón Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Approve Change Order 1 to Westra Construction Corporation of Palmetto, Florida for the "Beach By Design - Coronado Drive
Improvements Project" (03-0079-ED) increasing the contract amount by $979,955.25 for a new contract total of $10,830,208.47,
increasing the project budget by $695,625.66, approve a time extension of 59 days and authorize the apprpriate officials to execute
same. (consent)
SUMMARY:
This contract was previously approved by the City Council on May 2, 2006 for $9,850,253.22.
Change Order 1 is necessary to add additional items and increase quantities of items due to:
1) Changes supplied by the Engineer of Record.
2) Added work due to conflicts encountered during construction, and
3) The addition of sanitary lateral requirements that were not included in the design.
Add 59 days to the contract time due to the three (3) reasons above. Original Contract Time was 365 calendar days plus 59 calendar
days for a new total contract time of 424 calendar days.
First quarter amendments will transfer budget and revenue of $695,410.00 from the 06 Water & Sewer Revenue Bond Construction
Fund project, 0378-96742, Line Relocation-Capitalized to 0378-92267, Beach Walk (Phase l). Additional amendments will transfer
budget and revenue of $11,585.16 from the 02 Stormwater Revenue Bond Construction Fund project, 0377-96141, Kapok Flood
Resolution and $284,330.34 from 0377-96152, Lake Bellevue Stormwater Improvements to 0377-92267, Beach Walk (Phase l).
An offsetting amendment will transfer budget only of $284,330.34 from the 08 Stormwater Revenue Bond Construction Fund project
0380-92267, Beach Walk (Phase l) to 0380-96152, Lake Bellevue Stormwater Improvements. An additional amendment will reduce
the budget by $11,369.50 in the 06 Improvement Revenue Bond project 0362-92267, Beach Walk (Phase l). These amendments will
provide sufficient funding for this change order.
Type:Capital expenditure
Current Year Budget?:None Budget Adjustment:Yes
Budget Adjustment Comments:
See summary section.
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:979,955.25
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
0377-92267-563700-539-
000-0000
295,914.75Stormwater
0378-92267-563800-533-
000-0000
143.900.00Water
0378-92267-563800-535-539,350.00Sewer
Cover Memo
000-0000
0378-92267-563800-533-
000-0000
12,160.00Reclaimed
0362-92267-563700-541-
000-0000
(11,369.50)Roads
Bid Required?:No Bid Number:
Other Bid / Contract:Change Order Bid Exceptions:None
Review
Approval:
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City
Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Change Order No. 1
Page 1 of 5
PROJECT: Beach By Design: Coronado Drive Improvements
CHANGE ORDER #1
PROJECT NUMBER: 03-0079-ED
PO REFERENCE NO.: 699 ST102021-1
DATE OF CONTRACT:
CODES:0362-92267-563700-541-000-0000 (A)
0375-92267-563700-539-000-0000 (B)
0377-92267-563700-539-000-0000 (C)
0357-92267-563700-539-000-0000 (D)
0343-92267-563700-533-000-0000 (E)
0378-92267-563800-533-000-0000 (F)
0343-92267-563800-535-000-0000 (G)
0378-92267-563800-535-000-0000 (H)
0343-92267-563800-533-000-0000 (I)
0378-92267-563800-533-000-0000 (J)
0315-92267-563700-541-000-0000 (K)
0375-92267-563700-539-000-0000 (L)
0343-92267-563800-533-000-0000 (M)
0343-92267-563800-535-000-0000 (N)
0343-92267-563800-533-000-0000 (O)
STATEMENT OF CONTRACT AMOUNT ACCEPTED BY:
ORIGINAL CONTRACT AMOUNT 9,850,253.22$
979,955.25$ Westra Construction Corporation
10,830,208.47$
B Y:(SEAL)
__________________________________________
Witnesses:
__________________________________________
__________________________________________
Date: _____________________________________
Recommended By: City of Clearwater
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA ___________________________________
Gary A. Johnson, CGC
__________________________________________ Public Services Director
William B. Horne, II City Manager
___________________________________
Michael D. Quillen, P.E.
______________________________
______________________________
ATTEST:
Cynthia E. Goudeau, City Clerk
Change Order #1
Carlos Colon, Assistant City Attorney
DATE: January 12, 2007
Michael Beukema, Vice-President
PROJECT: Beach By Design: Coronado Drive Improvements
Frank Hibbard, Mayor
NEW CONTRACT AMOUNT
See pages 2, 3, and 4 of this Change Order for increased and added work items. These added/increased Items are necessary due to: 1) Changes
supplied by the Engineer of Record, 2) Added work due to conflicts encountered during construction, and 3) The addition of sanitary lateral
replacements that were not included in the design. Add 59 days to the contract time due to the 3 reasons listed above. Original Contract time =
365 calendar days + 59 calendar days for a new total contract time of 424 calendar days.
Date:
CONTRACTOR: Westra Construction Corporation
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
P.O. Box 1149
Palmetto, FL 34220-1149
Attachment number 1
Page 1 of 5
Change Order No. 1
Page 2 of 5
PROJECT: Beach By Design: Coronado Drive Improvements
City Engineer
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
1002LAYOUT 1LS6,000.00$ $ 6,000.00
1003MATERIAL TESTING1LS4,000.00$ $ 4,000.00
1004M.O.T.1 LS12,500.00$ $ 12,500.00
$ 22,500.00
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
2009 REMOVE ASPHALT PAVEMENT 672 SY 5.00$ $ 3,360.00
2014 REMOVE EXISTING 2' CURB 175 LF 7.00$ $ 1,225.00
2016 REMOVE SIDEWALK - 4"875 SF 1.25$ $ 1,093.75
2017 ROUGH GRADING 1617 SY 5.00$ $ 8,085.00
2018 REMOVE MH TYPE 1 & FILL 2 EA 1,310.00$ $ 2,620.00
2022 REMOVE STORM <18" TYPE 1 186 LF 37.50$ $ 6,975.00
2023 REMOVE STORM <18" TYPE 2 176 LF 20.00$ $ 3,520.00
$ 26,878.75
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
4002TYPE 1 CURB INDEX 10172LF41.75$ $ 3,006.00
4008SURFACE COURSE 3"672SY18.50$ $ 12,432.00
4013SURFACE COURSE 5/8"672SY23.50$ $ 15,792.00
4015CONCRETE SIDEWALK - 4"175SF6.25$ $ 1,093.75
4017CONCRETE DRIVEWAYS - 6"1701SF8.75$ $ 14,883.75
4020MATCH EXISTING PAVEMENT
WITH TAPER
3EA2,200.00$ $ 6,600.00
$ 53,807.50
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
6001THERMOPLASTIC PAVEMENT
ARROWS
3EA90.00$ $ 270.00
6002THERMOPLASTIC PAVEMENT
LETTERS
8EA117.00$ $ 936.00
6006SOLID 6" THERMO - WHITE1100LF0.90$ $ 990.00
6008SOLID 6" THERMO - DOUBLE
YELLOW
525LF1.75$ $ 918.75
6011SOLID 24" THERMO - WHITE22LF4.75$ $ 104.50
6014"LEFT LANE MUST TURN LEFT"
(R3-7L)
1EA525.00$ $ 525.00
6017"SPEED LIMIT 25" (R2-1)1EA500.00$ $ 500.00
$ 4,244.25
Decrease 'Road & Administration' Category Item - Code "A" 0362-92267-563700-541-000-0000
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
1005CONSTRUCT AND MAINTAIN
GULFVIEW BY-PASS
1LS72,500.00$ $ (72,500.00)
$ (72,500.00)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
2002DUST CONTROL - CALCIUM
CHLORIDE
400TN115.75$ $ (46,300.00)
PAVING
Total 'Paving' Item Increase
Total 'Road & Administration' Item Increase
Increase 'Road & Administration' Category Items
Total 'Administrative' Item Decrease
DEMOLITION
DEMOLITION
Total 'Demolition' Item Increase
ADMINISTRATIVE
ADMINISTRATIVE
SIGNING AND PAVEMENT MARKINGS
Total 'Siging & Pavement Markings' Added Item Increase
CODE "A " 0362-92267-563700-541-000-0000
Attachment number 1
Page 2 of 5
Change Order No. 1
Page 3 of 5
PROJECT: Beach By Design: Coronado Drive Improvements
$ (46,300.00)
$ (11,369.50)
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
3001MH 4' DIA2EA5,850.00$ $ 11,700.00
3003INLET FDOT TYPE 3 MODIFIED2EA7,000.00$ $ 14,000.00
3019DEWATER STORM SEWER
TRENCH
490LF30.00$ $ 14,700.00
3020STORM TRENCH
REPLACEMENT
114LF70.00$ $ 7,980.00
302716" DIP (STORM)99LF93.00$ $ 9,207.00
302815" RCP (STORM)70LF75.75$ $ 5,302.50
302918" RCP (STORM)32LF82.75$ $ 2,648.00
303024" RCP (STORM)30LF103.00$ $ 3,090.00
303336" RCP (STORM)229LF160.00$ $ 36,640.00
303548" RCP (STORM)355LF415.25$ $ 147,413.75
$ 252,681.25
Add New 'Drainage' Category Items - Code "C" 0377-92267-563700-539-000-0000
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
304919 X 30" ERCP109LF131.50$ $ 14,333.50
3050FDOT INLET TYPE V3EA8,525.00$ $ 25,575.00
3051BRICK & MORTAR PLUG 18" PIPE1EA550.00$ $ 550.00
3052BRICK & MORTAR PLUG 36" PIPE1EA775.00$ $ 775.00
3053REVISIONS TO STR C -221LS1,250.00$ $ 1,250.00
3054BRICK & MORTAR PLUG 19" X
30"
1EA750.00$ $ 750.00
$ 43,233.50
$ 295,914.75
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
50012" WATERMAIN200LF$75.00 $ 15,000.00
5003WATERMAIN 8"500LF$180.00 $ 90,000.00
5015WATER VALVE 8" 1EA$1,400.00 $ 1,400.00
5020CAST IRON FITTING0.5TN$3,500.00 $ 1,750.00
5025CONNECT TO EX WATER1EA$3,500.00 $ 3,500.00
$ 111,650.00
Add New 'Water' Category Items - Code "F" 0378-92267-533-000-0000
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
50411" CORP/1" CURB STOP
COMBINATION (WATER
SERVICE)
1EA$525.00 $ 525.00
50422" CORP STOP / 2" CURB BALL
VALVE COMBINATION (WATER
SERVICE)
7EA$875.00 $ 6,125.00
50431" POLY PIPING (WATER
SERVICE)
10LF$40.00 $ 400.00
Total 'Stormwater' Added Items Increase
Increase 'Water' Category Items
Total 'Demolition' Item Decrease
CODE "F" 0378-92267-563800-533-000-0000
Total 'Water' Item Increase
Net increase/(decrease) Item Code "C"
Total 'Stormwater' Item Increase
CODE "C" 0377-92267-563700-539-000-0000
Increase 'Drainage' Category Items
Net increase/(decrease) Item Code "A "
Attachment number 1
Page 3 of 5
Change Order No. 1
Page 4 of 5
PROJECT: Beach By Design: Coronado Drive Improvements
50443" PVC CASING (WATER
SERVICE)
420LF$60.00 $ 25,200.00
$ 32,250.00
$ 143,900.00 Net increase/(decrease) Item Code "F"
Total 'Water' Category Added Items Increase
Attachment number 1
Page 4 of 5
Change Order No. 1
Page 5 of 5
PROJECT: Beach By Design: Coronado Drive Improvements
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
5007REMOVE AND REPLACE
SANITARY - 8"
600LF136.00$ 81,600.00$
5031m UTILITY PIPE TO BE REMOVED
</+ 10" DIAMETER
200LF62.00$ $ 12,400.00
5035INSTALL NEW SANITARY
MANHOLES
4EA4,800.00$ $ 19,200.00
5036REMOVE EXISTING SANITARY
MANHOLES
4EA675.00$ $ 2,700.00
$ 115,900.00
Add New 'Sewer' Category Items - Code "H" 0378-92267-535-000-0000
50458" X 6" DIP WYES46EA1,575.00$ $ 72,450.00
50466" LATERAL SERVICE PIPING
(SANITARY)
1600LF162.50$ $ 260,000.00
5047SAN TRENCH PAVEMENT
REPLACEMENT
1300LF70.00$ $ 91,000.00
$ 423,450.00
$ 539,350.00
ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST
5006RECLAIMED WATER MAIN 12"20LF181.00$ $ 3,620.00
5026CONNECT TO EXISTING
RECLAIMED WATER
2EA3,500.00$ $ 7,000.00
5032n UTILITY PIPE TO BE REMOVED
>10", <20"
20LF77.00$ $ 1,540.00
$ 12,160.00
$ 12,160.00
$ 979,955.25
Total Addition of New Line Items #
Net increase/(decrease) Item Code "J"
Increase 'Reclaimed' Category Item
Total Increase/(Decrease) Change Order No. 1
CODE "J " 0378-92267-563800-533-000-0000
Net increase/(decrease) Item Code "H"
Total 'Sewer' Item Increase
Total 'Sewer' Added Items Increase
Increase 'Sewer' Category Items
CODE "H " 0378-92267-535-000-0000
Attachment number 1
Page 5 of 5
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Expected activities between now and March election.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Councilmember attendance at Budget Task Force Meetings - Hibbard
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Other council Action
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:1/29/2007
SUBJECT / RECOMMENDATION:
Recycling Team Award
SUMMARY:
Review Approval:1) Clerk
Cover Memo