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01/31/2007 - City Council Agenda Location: Council Chambers - City Hall Date: 1 /31 /2007- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Recycling Team Award Attachments 4.2 Proclamation - Women's Heart Health Month AttnchmPntc 4.3 Proclamation - Poppy Day Attachments 5. Approval of Minutes 5.1 Approve the minutes of the January 18, 2007 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve amendments to the Community Development Code relating to occupational licenses and pass Ordinance 7725-07 on first reading. Attachments 7.2 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) Aanchmcmts 7.3 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), Attachments 7.4 Continue the Development Agreement between Triangle Old Bay Holdings, LLC, and the City of Clearwater and adoption of Resolution 07-02 to February 15, 2007. (DVA2006-00001) Attachments 7.5 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 Ordinance 7775-07 on first reading and withdraw Ordinance 7776-07. Attachments 7.6 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. Attachments 7.7 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. Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 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. Attachments 8.2 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. Attachments 8.3 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. Attachments 8.4 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. Attachments 9. Second Readings - Public Hearing 9.1 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. Attachments 9.2 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. Attachments 9.3 Adopt Ordinance 7724-07 on second reading, approving amendments to the Code of Ordinances relating to occupational licenses. Attachments 9.4 Continue Second Reading of Ordinance 7725-07 - Amending the Community Development Code relating to occupational licenses to February 15, 2007. 19 Attachments 9.5 Continue second reading of Ordinance 7769-07, 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 to February 15, 2007. Attachments 9.6 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). Attachments 9.7 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. Attachments 9.8 Adopt Ordinance 7787-07 on second reading, amending Chapter 22, Article 11, 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 City Manager Reports 10. Consent Agenda 10.1 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) Attachments 10.2 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) B Attachments 10.3 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) Attachments 10.4 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) Attachments 10.5 Authorize settlement of Franco v. City of Clearwater, Case Number 04-2644-CI-15, for $90,000.00. (consent) Attachments 10.6 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 $979,955.25, approve a time extension of 59 days and authorize the appropriate officials to execute same. (consent) Attachments 11. Other items on City Manager Reports 11.1 Adopt Resolution 07-06 supporting the proposed extension of the one-cent local government infrastructure surtax, otherwise known as the Penny for Pinellas Attachments 11.2 Adopt Resolution 07-04, supporting the Florida League of Cities' legislative issues. Attachments Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 Attachments 12.2 Expected activities between now and March election. Attachments 13. Council Discussion Items 13.1 Travel Budget for Incoming Councilmembers Attachments 13.2 Special Meeting to Administer Oath to Incoming Councilmembers Attachments 13.3 Video Tape Retention 19 Attachments 14. Other Council Action 14.1 Attachments 15. Adjourn Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Recycling Team Award SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 1 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation - Women's Heart Health Month SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 2 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation - Poppy Day SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the January 18, 2007 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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 Item # 5 Attachment number 1 Page 1 of 5 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 eGGupatiena"iGensi"ry required. A business tax receipt on nnniinatinnal linnncn shall be required for all rentals set forth in Section 3-2301. Business tax receipt I i procedures and requirements shall be as set forth in Code of Ordinances Chapter 29. The fee charged for such business tax receipt ^nn6 inatinnal linense shall be as set forth in the Code of Ordinances Appendix A, Division XVIII. Sec. 3-2303. Local representation for business tax receipt eGGupatie "Gense applications for residential rentals. Business tax receipt 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. Ordinance No.I%-?25-*X Attachment number 1 Page 2 of 5 Each owner of real property to which this division is applicable shall receive notice of and shall file, with an initial business tax receipt eee11p tinnal lieenoinn application or, for existing licensees, by October 1 of each business tax receipt GGGUpatiGRa4 IiGe g 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 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 eGGupatie "Dense. 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 a-P for the subject property, and for revocation of an existing business tax receipt eee1 p tienal reeRse pertaining to the subject property in accordance with the procedure set forth in this section. PFieF to YeVGG t1GR er denial rEz) nRg the FesideRtaI rrncntlicnncnc+nsc? n o cf the Gty 'S inte[cnt to Feye in vnrT d he ` n ??r crr-rrt?l -rrirr??-rrrrrrc?rccvrc?Cr? nntiGe shall be cecrnt Gertif cFed ma rnil-r rcetu n Ye rcGefpt requested, to ? IaSt I?ne\/n rr?r n--?r? r-rrr? ?-rrT-? maHinn of said nn rr?rt?Ee, tt' IiEcrrn ence shall be a i ati +e ally Q°-Ried, rec mc tl ?--Flhe arr-p-u cr C--QF I' F ?. stateme+?the- ity Gle* -sh lL?l RGtify the Gty maRageF, whhe ssnhnllGGhedb iI the date the wFitteR statemeRt was filed. The FesideRtial FeRtal liGeRsee shall be -2- Ordinance No. 71YiN-OZ Attachment number 1 Page 3 of 5 the Gity maRager er desigRee shall file with the Gity Glerk's GffiGe aRd serve eR the al GGE)RGIHGiE)RG ef the legal ? facrr ??encisiTnn . rn?crcc The deGisieR shall hevrrrc GeRge finccr -r crn- rnn--r?-rrrr the-o;;G;it?Ft f^o; -PiRellas GGYRty. 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 "GeRsee who has had a business tax receipt a-P ^nnI Patinnal "Gen°° 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 "GeRse to conduct residential rental business on the subject property in the city until one year has expired from the date the business tax receipt "GeRse 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 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. -3- Ordinance No. 71YiN-OZ Attachment number 1 Page 4 of 5 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 ^^^61p tinnal "GeRse, an applicant is required to submit all applications for development approval at the same time. Section 4-205. Business tax receipt GGGulpationa"iGense. A. Applicability. Any person required to obtain a business tax receipt a-R nnn61p tinnal linonco 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 ^^^61p tinnal "GeRses shall be prepared on forms available from the city manager. 2. Upon receipt of an application for a business tax receipt aR nnn61p tinnal linonco 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 6CGIpatiGR 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 6£G6IpatiGR 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 enni innfinn. 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 ^^^61p tinnal linonco or deny the application. G. Appeal. A denial of °n nG+1pa ' °I liG nse may be appeal in the maRRer preyi de d in Artinle A DiVicinn 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 and lack of active utilities. -4- Ordinance No. 71YiN-OZ Attachment number 1 Page 5 of 5 Business tax receipt means the document issued by the city indicating all fees, taxes and other associated costs associated with conductinq the business at any and all appropriate locations within the city have been paid. Operator means any person who engages it activity which is necessary to or which facilitates tl establishment," including but not limited to, the doorman, bartender, disc jockey, sales clerk, ticket other employee. or performs any supervisory ie operation of an "adult use taxpayer GeRsee, manager, taker, movie projectionist, or 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk -5- Ordinance No. 71YdJfi-@Z Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 1 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 Approved as to form: Carlos F. Colon Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 6 Ordinance No. 7783-07 Attachment number 2 Page 1 of 1 Q Q Z m w o ? ? rn Q co Y 2 U O E? F D O NT Q w m 70- o w c BRA TTL E w T 0 w Y J w Shore MONTAGUE " G? MEADOW w _o ?C Redford Ct O? s SAXONY SEDGEFIELD DR z Red w cco Oak Q F-1 1\ Oj 1 O /ul a A SEED IY 0 LA Q Z TASHA DR (If MERLIN WAY, WOOD DR 0 0 0 m CLOUDVIEW U J ? J W = z \ O C' Vzr 2'O DR w = ENDICOTT O CIR Cr 06/4 ais' ° HO/broo J MEADOW w Lk o FA/ Vacation Request w By Applicant DR Q Ooa ?O?G Sp d?'sh Odd m p O? 0 LL O BLVD w ? R Al Q? Hy eCtark MONTROSE 0 N City of Clearwater Clearwater -41 11? E Public Works Administration / Engineering U V Vacate the North 5-ft. of a 10-ft. utility easement lying along the South property line Lot 37, Countryside Tract 90, Phase 1. Ordinance 7783-07 Drawn By: S. K. Reviewed By: S. D. Scale: N.T.S. DWG. NO VAC 2006-13 Grid # 276A S - T - R 17-28s-16e Date: lCdf Attachment number 3 Page 1 of 1 55 54 53 P A T 4CT 910 .. CQVNTRYBIDE 49 82, 5150 51 MERLIN WAY 39 PHASE 32 0 Z w 33 g PHASE 34 PHASE Vacation Request By Applicant 10' Dr. & Util. EsSement 38 37 36 61 5' t t 22 21 20 19 18 PHASE rTRYS DE . TRA T 58 _ nA O J J_ 2 48 47 23 J U Z 24 = MEADOW WOOD DR 17 16 N ° City of Clearwater W 9->E Clearwater Public Works Administration / Engineering U 5 Vacate the North 5-ft. of a 10-ft. utility easement lying along the South property line Lot 37, Countryside Tract 90, Phase 1. Ordinance 7783-07 Drawn By: S.K. Reviewed By: S. D. Scale: 1 = 100 ft DWG. NO VAC 2006-13 Grid # 276A S - T - R 17-28s-16e Date: 01/04/07 Item # 6 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 1 12 CE OAKS P.13.1 13 RENA1SSA3 PG' 3 14 Vacation Request By Applicant 15 10' Dr. & 16 17 3.75 Ac ?? Il ,0 ? 04"f-D)? ,2 11 ILd 11 10 9 g PATRICK PL O 1 7 5 34 33 35 32 Q 40 Z J 36 31 V Z W Q J 38 29 LL 25' Dr. & Util. Easement F 27 26 18 O v 4 39 28 1s LEANNE CT 0 a '. 21 22 23 24 25 O 20 CREST DR L N City of Clearwater Clearwater -41 E Public Works Administration / Engineering U s 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. Ordinance 7788-07 Drawn By: S. K. Reviewed By: S. D. Scale: 1" = 200 ft DWG. NO VAC 2007-01 Grid # 245A S - T - R 33-28s-16e Date: lCdf Attachment number 2 Page 1 of 1 z Q Q U zi J U) U Oakbrook o OCTAV M C DR Y U) ? >- w BOOTH U Q Cir BLVD Z U p w Q 00 w w 2 w F-- T- of Z 2 0 A Q J Q w OAK HILL RD C/) p' WOODCREEK DR N p Cl) J LUown az) m LU LU Q w w a_ w OAK COVE -' of HILLCREEK CIR S Q o 0 0 0f 0 of TONEBROOK LNY = O w Cl) O 0 o w MARLO B ? z O o w O WEAT-IERSTON Op z ¢ Z z C? j, ,yT PROJECT '%V OAK J OODCREEK DR SITE DR M Patrick PI. U) Renaissance Dr. o_ 2 c Q (n J = > N co co U) J Leanne Ct. DR i CREST / JONES LA O Z U r) LANE CIELO CIR N ??PCE 0 ? CYPRESS > Y BETHANY C° CIELO CIR S O M ° CYPRESS U) U ELYSIUM w WAY UNION STREET 0 N City of Clearwater Clearwater -41 E Public Works Administration / Engineering U S 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. Ordinance 7788-07 Drawn By: S.K. Reviewed By: S. D. Scale: N.T.S. DWG. NO VAC 2007-01 Grid # 245A S - T - R 33-28s-16e Date: lCdf Attachment number 3 Page 1 of 2 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 a portion of the drainage and utility easement as depicted in Exhibit A attached hereto; and WHEREAS, Renaissance Oaks, LLC, will install a storm pipe instead of a swale for drainage, which allows the reduction in the size of the drainage and utility easement needed; and WHEREAS, the City Council finds that said portion of the 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; except that this vacation shall not become effective until the applicant has installed a storm pipe in the drainage and utility easement to the satisfaction of the City Engineer. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance will be effective upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Item # 7 Ordinance No. 7788-07 Attachment number 3 Page 2 of 2 Approved as to form: Carlos F. Colon Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7788-07 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue the Development Agreement between Triangle Old Bay Holdings, LLC, and the City of Clearwater and adoption of Resolution 07-02 to February 15, 2007. (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. Cover Memo Review Approval: 1) Clerk Attachment number 1 Page 1 of 11 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"). RECITALS: 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. Item # 8 Attachment number 1 Page 2 of 11 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: 2 Item # 8 Attachment number 1 Page 3 of 11 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: 3 Item # 8 Attachment number 1 Page 4 of 11 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 4 Item # 8 Attachment number 1 Page 5 of 11 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. 5 Item # 8 Attachment number 1 Page 6 of 11 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 1 1 . 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 6 Item # 8 Attachment number 1 Page 7 of 11 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 7 Item # 8 Attachment number 1 Page 8 of 11 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.] 8 Item # 8 Attachment number 1 Page 9 of 11 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 Assistant City Attorney Cynthia E. Goudeau City Clerk 9 Item # 8 Attachment number 1 Page 10 of 11 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 El 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: 10 Item # 8 Attachment number 1 Page 11 of 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 11 Item # 8 w 0Z - wY o p vi ?CjW LiIW- LLLUJm Q f: 00 =? > O W ?WW? zLnno ck? m ZzZ?w Ef N QcV_j S ow j m o iY 00C) la- fpod p Z 0OZ W p <ZWlWN OUZ 3\U ? = U t - !- LOO z L' ?oQ ?Wz Q z-W =z > S?V) =- ® 11 If tt it G-i fwj 4¢. ? ? z = 0 F- > ? 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MIR I I, co it aa) Attachment number 4 Page 1 of 2 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: 4 ??4 2 ?a 3 Item # 8 Attachment number 4 Page 2 of 2 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 * Item # 8 Attachment number 5 Exhibit G-1 - Triangle Old Bay Holdings Merger of *tat1OriDa I certify the attached is a true and correct copy of the Certificate of Merger or Articles of Merger, filed on August 8, 2006, for TRIANGLE OLD BAY HOLDINGS, LLC, the surviving Florida entity, as shown by the records of this office. I further certify the document was electronically received under FAX audit number H06000199152 and this certificate issued in accordance with section 15.16, Florida Statutes, and authenticated by the code noted below. The document number of this limited liability company is L05000054976. Authentication Code: 906A00049499-080906-L05000054976-1/1 Given under my hand and the Great Seal of the State of Florida, Tallahassee, the Capital, this the Ninth day of August, 2006 ,?..?. ?. C 66 &Ue A. Cobb .0tattarp nt otate aver. For more information, visit: htto://www.afi.com Wpartment of Outp Attachment number 5 Page 2 of 9 (((H06000199152 3))) CERTIFICATE OF MERGER OF GEORGIA STREET PROPERTIES, LLC (a Florida limited liability company) and ISLAND VIEW PROPERTIES, LLC (a Florida limited liability company) and TRIANGLE S.A. LAND, LLC (a Florida limited liability company) and HARRISON VILLAGE PROPERTIES, LLC (a Florida limited liability company) with and into TRIANGLE OLD BAY HOLDINGS, LLC (a Florida limited liability company) Pursuant to Sections 608.4382 of the Florida Limited Liability Company Act Pursuant to Section 608.4382 of the Florida Limited Liability Company Act, this Certificate of Merger provides as follows: ARTICLE I State of Organization; Surviving Company 1.1 The name and state of organization of each of the constituent companies of the merger is as follows: Name Georgia Street Properties, LLC Island View Properties, LLC Triangle S.A. Land, LLC Harrison Village Properties, LLC Triangle Old Bay Holdings, LLC State of Organization Florida Florida Florida Florida Florida 1.2 Triangle Old Bay Holdings, LLC, a Florida limited liability company, shall be the surviving entity. (((H060001991 NkO)?)8 Attachment number 5 Page 3 of 9 (((H06000199152 3))) ARTICLE II Agreement and Plan of Merjzer The Agreement and Plan of Merger providing for the merger of the above entities is attached hereto as Exhibit A. ARTICLE III Approval of the Plan 3.1 In accordance with Florida Law and the operating agreement of Georgia Street Properties, LLC, the sole member of Georgia Street Properties, LLC approved and adopted the Agreement and Plan of Merger on August 8, 2006. 3.2 In accordance with Florida Law and the operating agreement of Island View Properties, LLC, the sole member of Island View Properties, LLC approved and adopted the Agreement and Plan of Merger on August 8, 2006. 3.3 In accordance with Florida Law and the operating agreement of Triangle S.A. Land, LLC, the managing member of Triangle S.A. Land, LLC approved and adopted the Agreement and Plan of Merger on August 8, 2006. 3.4 In accordance with Florida Law and the operating agreement of Harrison Village Properties, LLC, the sole member of Harrison Village Properties, LLC approved and adopted the Agreement and Plan of Merger on August 8, 2006. 3.5 In accordance with Florida Law and the operating agreement of Triangle Old Bay Holdings, LLC, the managing member of Triangle Old Bay Holdings, LLC approved and adopted the Agreement and Plan of Merger on August 8, 2006. ARTICLE IV Effective Time of Merger This merger shall become effective on the date and time this Certificate of Merger is filed by the Department of State of the State of Florida. [Signature Pages Follow] 2 (((H060001991 yjpn3)? 8 Attachment number 5 Page 4 of 9 (((H06000199152 3))) IN WITNESS WHEREOF, the undersigned have caused this Certiflcatc of Merger to be executed this 8th clay of August 12006, GEORGIA. STR V FT PIZOPERTIES, LLC a Florida limited liability company By Triangle cold Bay Holdings, LLC its, Sole Member $y: Triangle Property Holdings, LLC Its: Mana}Sin.g Member By By ISLAND VIEW PROPERTIES, LLC a Flonda limited liability oompany By Triangle Old Bay Holdings, LLC its:- -Sole Member By: Triangle Property Holdings, LLC Its. ManagingfMember Q B/?` ?- - y Ron Pollac Mana ' g Member By.. Be ugler, g member TRYAir1GLE, S.A. LAND, LLC a :Florida limited liability company By: Ron Pollack, Manager 3 (((H0600019910")))8 Attachment number 5 Page 5 of 9 (((H06000199152 3))) HARRISON VILLAGE PROPERTIES, LLC a Florida limited liability company By Triangle Old Bay Holdings, LLC Its: Sole Member By: Triangle Property HoIdings, LLC Tts: Managing Member By: - - Ron Pollack anagi g Member By: Ben up', er, M ng Member. TRIANGLE 011)) BAY HOLDINGS, LLC a Florida limited liability company By: Triangle Property Holdings, LLC Its: Managing Meuiber By: w. Ron Pollac ana Member By: Be ugler, M grog Member (((H0600019911"? P Attachment number 5 Page 6 of 9 EXHIBIT A (((H06000199152 3))) AGREEMENT AND PLAN OF MERGER THIS AGREEMENT AND PLAN OF MERGER (this "Agreement") is made and entered into this 8th day of August, 2006, by and between TRIANGLE OLD BAY HOLDINGS, LLC, ("Triangle"), GEORGIA STREET PROPERTIES, LLC ("Georgia Street'), ISLAND VIEW PROPERTIES, LLC ("Island View"), TRIANGLE S.A. LAND, LLC ("Triangle S.A.") and HARRISON VILLAGE PROPERTIES, LLC ("Harrison"), all being limited liability companies organized and existing under the laws of the State of Florida. Triangle, Georgia Street, Island View, Triangle S.A. and Harrison are sometimes collectively referred to in this Agreement as the "Constituent Companies" and are sometimes referred to individually as a "Constituent Company." WITNESSETH: WHEREAS, the manager or member, as the case may be, of each Constituent Company deems it advisable and for the general welfare of such company and its members that Georgia Street, Island View, Triangle S.A. and Harrison merge with and into Triangle, pursuant to this Agreement and the applicable laws of the State of Florida; and WHEREAS, upon the Effective Date of the merger, Triangle shall be the surviving entity. NOW, THEREFORE, the Constituent Companies, in consideration of the premises and the mutual covenants, agreements and provisions hereinafter contained, do hereby agree upon and prescribe the terms and conditions of said merger and the method of carrying the same into effect in this Agreement as follows: ARTICLE I PLAN OF MERGER The Constituent Companies have agreed and do hereby agree each with the other that Georgia Street, Island View, Triangle S.A. and Harrison shall be merged with and into Triangle. Triangle shall be the surviving company in the merger and shall be governed by the laws of the State of Florida, which state shall continue to be its domicile. ARTICLE II EFFECTIVE DATE The merger provided for in this Agreement shall become effective and the Constituent Companies shall be deemed to have merged as of date and time the Certificate of Merger is filed by the Department of State of the State of Florida. (the "Effective Date"). (((H06000199 ItRT Attachment number 5 Page 7 of 9 (((H06000199152 3))) ARTICLE III MANNER OF CONVERTING INTERESTS Pursuant to the merger, all of the outstanding membership interests of Georgia Street, Island View, Triangle S.A. and Harrison will be cancelled. No new membership interests in Triangle will be issued. Each membership interest in Triangle that is outstanding on the Effective Date shall continue and remain unchanged. ARTICLE IV EFFECT OF THE MERGER 4.1 Existence. On the Effective Date, the separate existences of Georgia Street, Island View, Triangle S.A. and Harrison shall cease and they shall be merged with and into Triangle. Thereupon, the title to all real estate and other property, or any interest therein, owned by each of Georgia Street, Island View, Triangle S.A. and Harrison shall be vested in Triangle without further act of deed and without reversion or impairment. Triangle shall thenceforth be responsible and liable for all the liabilities and obligations of Georgia Street, Island View, Triangle S.A. and Harrison. 4.2 Articles of Organization. The Articles of Organization of Triangle, in effect on the Effective Date, shall continue in full force and effect as the Articles of Organization of Triangle and shall not be changed or amended by the merger. 4.3 Operating Agreement. The Operating Agreement of Triangle, as in effect on the Effective Date, shall continue in full force and effect as the Operating Agreement of Triangle and shall not be changed or amended by the merger. ARTICLE V GENERAL PROVISIONS 5.1 Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes and cancels any other agreement, representation or communication, whether oral or written, among the parties hereto relating to the transactions contemplated herein or the subject matter hereof. 5.2 Headings. The headings in the Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. 5.3 Expenses. Triangle shall pay all expenses of carrying this Agreement into effect and of accomplishing the merger. 5.4 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which as executed shall be deemed to be an original; and such counterparts shall together constitute one and the same instrument. 2 (((H06000199 i" Attachment number 5 Page 8 of 9 (((H06000199152 3))) IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the date first written above. TRIANGLE OLD I;AY HOLDINGS, LLC a Florida limited liability company By: Triangle Property Holdings, L LC Its: Managing Member By: Ron Po By: Ben ugler, MaTiagiug Member GEORGIA STREET PROPERTIES, LLC a Florida limited liability company By Triangle, Old Say Holdings, LLC Its: Sole Member By: Triangle Property Holdings, LLC Its: Managing Metrt er By: Ikon Pollack, anagin Cr cmbBy: Ben T glen, Man g' Member ISLAND VIEW PROPERTIES, LLC a Florida limited liability company By Triangle Old Bay Holdings, LLC Its: Sole Member By: Triangle Property Holdings, LLC Its: Managing Members By: Ron Pollac1S,r?l.anagj fg Member By: Be Augler, M ng Member (((H06000199 M% Attachment number 5 Page 9 of 9 (((H06000199152 3))) TRIANGLE S.A. LAND, LLC a Florida- limited liability company BY, Ron Pollack, Manager HARRISON VILLAGE F'RO ER'T'IES, LLC a Florida limited liability company By Triangle Old Bay Holdings, LLC Its: Sole Member By: Triangle Property Holdings, LLC Its: Managing MeihbAr „ By: By, 1677164vi 4 (((H0600019911B?)? Exhibit G- Entity Name Changes Prepared by and return to,, Thomas C. Nash, IT, Fact, Macfarlane Ferguson & McMullen 625 Court $ftct, Suite 200 (33756) P0, Box 1669 Clearwater, FL 33757 AF1 i DAAq T?AS TO CORPOItATE NAME STATE OF 1 LORIDA CO T`w" OF P NELLAS BEFORE ME, the undmipcd authority, personally appeared Benjamin K091cr, Ma w leer of lslaan l Vicw Properties, LLC, a Florida limited liability company (the "A,fflant"), who =t being duly sworn, deposes and says. 1. That Affiant is duly authorized to make this Affidavit, . That the Afflant Is the M=t g Partner of Island View Properties, LLC, a Florida limited liability company. 3. On April 29, 2004, Artielcs of Organization were filed with the Secretary of tho State of Florida for 302-30811, Osceola Properties LLC, 4. On Novembcr 12, 2004, 302.309 N, Osecpla Properties L .,C's name was changed to lsla:nd View Properties LL (a copy of the Articles of Amcudmcnt are attached to this Al?irlaa?it)UNDE . PENALTIES OF PERJURY, Wl?, DECLARE TI-TAT WE HAVE E AMTN l) "C'I S P 41 CER71-Il-ICATION AND TO THE B ST OF OIL KNOWLL1)(irz AND BELIEF IT IS "TRUE, CORIWC1°AID COMPLETE, ISLAND'VIEW PROPF'WRU S,1 ix, a Florida limited livability ooc iji-iny By. C3ota A l u r, AM ?raer STATE OF FLORIDA COUNTY OF PINELLAS ? hot Tlae foregoing imstrumeant was acknowledged before me this :9? day of May, 2006, by ScAjam n bugler, Matnagiun8 Partner of Ialkmd Vim 1"'ropcrtics, LL C, a r1 aridu limited liability, compmy, ,ller°sonally Known " tOR Produced Idontiflcartlan Typc of]tdentificatinn Provided ,ATfJT', t NAME LFGI?L'I P NT TYPEWRT'rrEN OR STAMPED NOTARY PUBLIC My Pn~617- h:?datalaeylfwr151111CfCafltlie4?rian?l?Snlh'Srlpu?i.ItAlY1c74?1?fl?u.t1[w rlfgt? ?IµMiG ^ 8?1iY ,?tMl9 ?11k19h Item # 8 BIN Hl6-28- 006(MOM) 11:19 J P,002/004 H94WO226395 ARTICLES OF AMEMMENT The name of ttai,s nwida limited liability compuy is 302 - 308 N. Osceola Properdes LTA': I 7bCOMPany"s, Articles Of 0r9=iz2ti0n Wme filed April 9r 2004, ne Articles of Organization of the Limited L aUlitr Coo yam amended so that the n=e ofthe:limited UabftY Company is ?? ? T24- 908 N. Osceola Properties LLC to Island View Properfies, LLC The am.ndmmt set fort? ba th= Articles Of Orgraizatian was adopted on the date show, bdow. The undersigned executed W ducat the date shown below. 802 - 308 , Osia Pmerd LLB by D, touts as a =rara, y-1@5- ctfoxBcnj4 In Kt it r lqn= Bot again Sigler ? aver D . November 12, V04 Corp araW creatJoh In terneNonal Inc. 941 Fourth Strom Komi Bch FL. 33m (305) 72-L1 c. I Item # 8 M I AUG- 0- 00 (MON) l k 20 '.' HO4000 26391 (" ARTICLE$ OF AMENDUEM d9 Im N The o=e "this 'Fl tittiter liability ompwy is Osceola-Jones Pmes LLC The Comp f s Articles of otptizodou wme filed APrii,12, 2404. Tbo Articles o OrSmization of the ?ted Liabifity Company ue wneuded so that the mme of the Limited U WiV Compoy is chanted. ftom Osceola-Jorms Pmptaii!* LLC to Ha-rison "Village Pwpud , LLC The am+ndinent set orthin thcse Articlea of tr;anizadon was t?dqftd on the &ft shown below. ThMdeffi a d oWctftd this dicruncut on the cats shown WOW. Osce -Jon P?pcrdcs LLC Dato: _November 14 2004 CorporW Ormlons IntmakM Int- 1 fourth SUVe Miami soh tau 33139 (345) 872.OA P. 003!004 ?- H04000220301 01003.2004 cc I Item # 8 AUG-28-2006(MON) 11:20 .P$P-205 -0 t~ _ W15/2000 1,37 PACE 00110ox Florida Dept of tata 133 CW= L the Axt$,c1o¦ of 1mnAwnt to t1w AxtZales of Organization for Movernbor 12, 2004. ?MiIa» documat Was ejactronically r eivod amd iledk, under M wwo"t numboz (530) 243-6051, tho Regr ,attatlrnn Ser-tiM. %7 anon Mwrrick 1br eux"ut Specialist os-vi ion of Corporations Zmtt x ftmbQz= 204A10006492 Mliml= o"CoMarraNcw -P.O. B.6307'JUVAaong, ?Ioiiclz 82814 raye ?`,04/004 Item # 8 ?? ?E I I I ,I I ?- w ,h. I = U U 4.1 c ? ? c L - y Cl) c a ? r ? a 4 - _ _ .?....r------------------,,_r_- - -f., --------------------------------------- ----------f =?---, --- . .r W ?f?11 t 1? r ? y - i M a 44 ------- - -------- w f i 4 W y. - f Q a CL I S , - ; ? VII (L ¦ r i 1 n n V V ?C W U U O U r--f O cd U cd II i Robert G. Stern, Esquire Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A. 2700 Bank of America Plaza 101 East Kennedy Boulevard Tampa, Florida 33602 PINELLGS coUN-` yr ?oURT FLORIDA INST# 20094140111Y11/ 131?006 at 41:53 PM ? c REc E3K: 15472 PG: 2675-2677 at 01: YPe:DEED RECORDING: $27.00 D DDC STAMP: $0.70 3ace Above This Line fi WARRANTY DEED m 3 00 THIS WARRANTY DEED, made and executed as of the /Q day of Augast, 2006, by CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation (hereinafter referred to as "Grantor"), whose post office address is 503 Cleveland Street, Clearwater, Florida 33755 to TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company (hereinafter referred to as "Grantee"), whose post office address is 501 North Fort Harrison Avenue, Clearwater, Florida 33755. WITNESSETH: That Grantor, its successors and assigns, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged by Grantor, has granted, bargained, sold, aliened, remised, released, conveyed, and confirmed, and does hereby grant, bargain, sell, alien, remise, release, convey, and confirm, to Grantee, and Grantee's successors and assigns forever, the following described parcel of real property located in Pinellas County, Florida, to-wit: REAL PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TOGETHER WITH all the tenements, hereditaments, and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder, and easement thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. And Grantor hereby covenants with Grantee that except with respect to ad valorem taxes for the year of closing and subsequent years, zoning and other governmental restrictions, any facts which an accurate survey or inspection of the Property would disclose, and easements, covenants, reservations, restrictions, dedications, limitations and other matters ofrecord, the real property is free and clear of all encumbrances, and Grantor hereby fully warrants the title to the above-described real property and will defend the same against the lawful claims of all persons whomsoever. delivered effective as of the date and year first stated above. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation ?- By: Auj!?ig tature Abo Name: ' -t ' ,L- `r C `sue As Its C ( 1-11 t Wihles M me Above] FLAG SERVICE ?? "GRANTOR" (Print Witness Name, STATE OFFLORIDA COUNTY OF PINELLAS AV. TH/EI FOREGOING INSTRUMENT was acknowledged before me this /0 day ofAtrgust, 2006, by G)e'1n s-?1' o , as the czr4aq of CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation, on behalf of the corporation', He/she is [CHECK ONE] personally known to me or ?-lfas produced Q I- as identification. .``????? OAP'MFk ,P l4?1551QNF ??? nl_; °? ? ? ?o??A9'•, NOT _Y PUBLIC [Sign I tore Above] M State of Florida •? a Print Name ?C?C3 -- so'• ono 205794 ?:?AL)...... 00 '%?.?Lr??u?a6•.•G? 1? My Commission Expires: The following information is provided pursuant to Florida Statutes Section 689.02(2): Property Appraiser's Parcel Identification Number (if available): Federal Tax Identification Number of Grantee(s): 2 EXHIBIT "A" (D 3 00 A porl and a Clearu Florid descri ?n of Section 9, Township 29 )ortion of Lots 2 and 3 of iter Harbor as recorded in , of which Pinellas County 7d as follows: South, Range 15 East, Jones Subdivision of Plat Book 1, Page 13 was formerly a part, Pinellas County, Florida, Nicholson's Addition to of Hillsborough County, being more particularly Commence at the Northeast corner of said Lot 1 of Jennie Cates Subdivision, as recorded in Plat Book 1, Page 64 of the Public Records of Pinellas County, Florida, 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 deg 40'45" W., 150.03 feet; thence leaving'! said line, S 00 deg 16'19"E., 397.79 feet to the point of beginning; thence continue S. 00 deg 16'19"E., 24.00 feet; thence N. 89 deg 44'18"W., 185.55 feet; thence ',N. 00 deg 15'42"E., 24.00 feet; thence S. 89 deg 44'18"E., 185.31 feet to the Point of Beginning. Contaii g 0.102 acres, more or less. EXHIBIT "F" SECTION 9 TOWNSHIP 29 S, RANGE 15E PINELLAS COUNTY. FLORIDA PROJECT NUMBER 3324-02 GEORGIA STREET SOUTH RIGHT-0F-WAY L!!VE a a 60 30 0 S CALE : 1 "=60' 1 C M. B. & JE?srslE -",TES SUaDIvISIO Pa 1, PG 64 PARCEL FOUR A PART OF SEC77ON 9, TOWNSHIP 28 SOUTH, RANGE 15 EAST 13 A PART OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST (D 3 CD VACATED 10' ALLEY PARCEL THREENaEs LOT A O.R.BO ? S89`42 N 'o inD N O z N89'4* NOT A S LOT 7 LOT S A. B. & JENNIE C SUBDIVISION P.B. i PG 64 LOT 5 w LOT 4 N 0 988140'45°W 150.03' i ES cr) r rn cn r? Z r 0 0 in LIM PI dG NORTHEAST CORNER LOT 1 LOT 1 ti N 4 e w LOT z } LOT 3 LLJ .F C) 0 z 0 z 1 V3 LJ U ky fi W ?~ J LLI U oQ w a- $a?? DRA! AGE AND U7ILITY EASEMENT ACATED ALLEY PER aR. &W 7546, PGS. 607-608 i GRESS EASEMENT 7540 PGS.275-. z 1 p"W 185.55 REVISED 07/28/06 l JONES SU9G141SION OF - w 's AMMON TO -LOT 1 ciEARWATE AR11AlER HARS13R AF?OR P.B. 1 BLOCK 2 PG.13 HIIASEOROMM CMNTY ELATE KETCH & DESCRIPTION OB/10/06 PORTION OF PARCEI. IV E MSED OB/24/06 .. , -......, --- 1NG ESS DRESS EASEMENT PER a BOO 7540 POS. 275-278 DRAT y GE WQ 7 EEAS EMENT A , = 0. 800K 75T9 PGs. 319-32f LOT 8 . BERGENS R1=PLAT ?? . P. B. 26 ° j PG. 41 - - LOT A SHEET 1 OF 2 rV ASSOCIATES INC. PROFESSfONAL SURVEMNG LB 6113 18850 U.S HIGHWAY 19 N. SUITE 500 CLEARWATER, FLORIDA 33764 SECTION 9 TOWNSHIP 29 S, RANGE 15E PINELLAS COUNTY, FLORIDA PROJECT NUMBER 3324-02 PORTION OF PARCEL IV A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND A PORTION 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 COUNTY WAS FORMERLY A PART, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 OF JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, 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 5.88'40'45"W., 150.03 FEET; THENCE LEAVING SAID LINE, S.0016'19"E., 397.79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.00-16'19"E., 24.00 FEET; THENCE N.89'44'18"W., 185.55 FEET, THENCE N.0015'42"E., 24.00 FEET; THENCE S.89'44'18"E., 185.31 FEET TO THE POINT OF BEGINNING. CONTAINING 0.102 ACRES, MORE OR LESS. NOTES 1. BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF OSCEOLA AVENUE, BEING ASSUMED AS SO0 16'19"E. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED (D T0. z4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS CO OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CE R T I F I C A T 1 0 N I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17--6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. ,r OHN 0. DIEHL PROFESSIONAL SURVEYOR L5 4053, NOT A SURVEY STATE OF FLORIDA SHEET 2 OF 2 DATE PORTION OF PARCEL IV POiLAW ASSOCIATES INC, KETCH & DESCRIPTION 08/10/06 PROFESSIONAL SURVEYING LB 6113 EMSED 08/24/06 18850 US HIGHWAY 19 N. SUITE 500 CLEARWATER, FLORIDA 33764 Attachment number 9 Page 1 of 1 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney day of , 2007. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Resolution Ndeffi-02 Z J n n? W U Z O U MI W i x W "s Y f, r l1?? ? ?t _ i dr x a . jjs .i# 00 r 1 a cJc l ? , yl L 0:'I Is 15,,UO? v ?. yy?? r 1 1 3 Iri:hrient number 11 , 1 of 4 1 I ` 111 - 7 h 1 i _ rv? ik I a 45 Y -l - ? kiI F I !, I L q ' t r . ? ? ? ? W ?sw.7br ? lr t I r - ,J U) 0) W 0 ^? W ry U 4_+ X W 13 ?4U7?1 Item # 8 S?JJ I A s S' a? l f J L_ ?. t ' [ T i; ? ? f Tom' ? ? '? 1 !M S.L? "?Ty 1 ? i I Mem # S y 5 ? I'? "'1?NNR i ' ? I ? ? I fIt' I Ij ! `u I? III-rte I??.n rn u ?„i? i n i ! - 64- I ?a° ?ml Ian l? 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S I ' II I, I I Is 'll l `} f ?`""' -- T HARRISflN AN co it aa) Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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 Ordinance 7775-07 on first reading and withdraw Ordinance 7776- 07. 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) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 7 CDB Meeting Date: Case Number: Owner/Applicant: Address: Agenda Item December 19, 2006 LUZ2006-08003 George Malnati, Ido Fischler, Patrick Valtin, and Bernard K. Reichel, Jr. 2060 Evergreen Avenue F5 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: Future Land Use Plan amendment from the Residential Urban (RU) Classification to the Residential Medium (RM) Classification 80,150 square feet or 1.84 acres Vacant Attached dwellings Residential Urban (RU) Residential Medium (RM) Medium Density Residential (MDR) Medium Density Residential (MDR) Staff Report - Community Development Board - December 19, 2006 - Case LUZ2006-08003 Page 1 Item # 9 Attachment number 1 Page 2 of 7 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 L 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 L 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. 1. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4- 603.F.11 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. Staff Report - Community Development Board - December 19, 2006 - Case LUZ2006-08003 Page 2 Item # 9 Attachment number 1 Page 3 of 7 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. Staff Report - Community Development Board - December 19, 2006 - Case LUZ2006-08003 Page 3 Item # 9 Attachment number 1 Page 4 of 7 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. MAXIMUM POTENTIAL TR AFFIC Current Existing Plant Proposed Net New Sunset Point Road, Betty Lane to Kings Highway Situation Plane Trips Maximum Dail Added Potential Trips N/A 129 177 48 Maximum PM Peak Hour Added Potential Trips 3 N/A 12 17 5 Volume of Sunset Point Road: Between Betty Lane and 12,692 12,821 12,869 48 Kings Highway LOS of Sunset Point Road: Between Betty Lane and Kings C C C C Highway 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 Cat egory. 3 = Based on MPO K-factor of 0.095 Source: "The Rules" of the Countywide Future Land Use Plan Staff Report - Community Development Board - December 19, 2006 - Case LUZ2006-08003 Page 4 Item # 9 Attachment number 1 Page 5 of 7 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. Net Dwelling Net Increase Increase Dail PM Peak Uses units/Square y - Average of PNI T ri p s s Trips Footage Daily Trips Peak Trips Existing Zoning (MDR) /Future Land Use Plan (R U) esi en is Condominium/Townhous 13 76 N/A 7 N/A dwelling units Proposed Zoning (MDR) /Future Land Use Plan (RM) esi en is Condominium/Townhous 27 158 82 14 7 dwellin- units 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. Staff Report - Community Development Board - December 19, 2006 - Case LUZ2006-08003 Page 5 Item # 9 Attachment number 1 Page 6 of 7 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. Staff Report - Community Development Board - December 19, 2006 - Case LUZ2006-08003 Page 6 Item # 9 Attachment number 1 Page 7 of 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: A f TIONC- 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: Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs Michael H. Reynolds, AICP, Planner III SAPlanning DepartmenAC D B\L.and Use Amendments\LUZ 2006\LUZ2006-08003,2060Evergreen,ClearwaterVill\Printable Staff Report, LUZ2006-08003.doc Staff Report - Community Development Board - December 19, 2006 - Case LUZ2006-08003 Page 7 Item # 9 Attachment number 2 Page 1 of 6 Location Map Owner Bernard K. Reichel, Jr. , Patrick Valtin, Case: LUZ2006-08003 Ido Fischler. Georae Malnati Property 1.84 Size Acres : Land Use Zoning 03-29-15-12060-009-0010 PIN: 03-29-15-12060-009-0070 From : RU MDR 03-29-15-12060-009-0150 To: RM MDR Atlas Page: 251 B Item # 9 Attachment number 2 Page 2 of 6 f I , ? H l i '} ? il See ? 2 y "Ti r i Aerial Map Owner Bernard K. Reichel, Jr. , Patrick Valtin, Case: LUZ2006-08003 Ido Fischler. Georae Malnati Property 1.84 Size Acres : Land Use Zoning 03-29-15-12060-009-0010 PIN: 03-29-15-12060-009-0070 From : RU MDR 03-29-15-12060-009-0150 To: RM MDR Atlas Page: 251 B Item # 9 Attachment number 2 Page 3 of 6 RU uNIbN ST Q I I _pu 1 k - I I 1 } 4: 1 L[ - 6 60 4 Rb 20718 7 080 2080 m? y y 33 1 72099 106 RH 107 o ARBELIA ST c } J 0 Q ?R - - - 2(idu - --- ^ 275 G 17 ?? 7/,47--- 12, 7 24 s 131 s7 9 ------ 14 z I. , 1 I 9 _ I ------------- 2 1 10 -, 2052 Q - ------i ---28('30 2U5 10 J 3 I 11 I -- 11 RU 4 1 12 5 I 13 12 F7 - I 14 14 8 8 16 7 5 ---?-- 15 y 8 I 16 0 IDLEWILD DR ---- RH---- I IIfi. 1 1 I 8 I R 10 24 23 22 21 20 19 18 2 I g ------ AT --- 3 I 9 15 16 17 W 4 4 O 0 3 I 10 4 11 - -- -- 14R 13 W ` '1 ! 5 I 12 . 6 5 1 6 ------L ------ ... 60 20 RM 7 8 9 10 11 12 W 6 1 13 ------ ------- (25) 4s RM 40 60 60 ZINI 1 138 2036 ------1------ I 126 I 139 1 I 125 1 140 I 2947 1 141 2018 ------L------ 1 I 123 ! 142 ALPINE RD Rail Future Land Use Map Owner Bernard K. Reichel, Jr. , Patrick Valtin, Case: LUZ2006-08003 Ido Fischler. Georae Malnati Property 1.84 Size (Acres): Land Use Zoning 03-29-15-12060-009-0010 PIN: 03-29-15-12060-009-0070 From : RU MDR 03-29-15-12060-009-0150 To: RM MDR Atlas Page: 251 B Item # 9 Attachment number 2 Page 4 of 6 UNION STL rn } 6 I 30 rya m oj? ya 098 o 14 1 33 1 W I 1 f ' 1 1 -} I 6 1 12021 3 1 4 1 Q 4 1 .? 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Reichel, Jr., Patrick Valtin, Ido Fischler, George Malnati LUZ2006-08003 Item # 9 Attachment number 3 Page 1 of 2 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 Approved as to form: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Frank V. Hibbard Mayor Attest: Item # 9 Ordinance No. 7775-07 Attachment number 3 Page 2 of 2 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. Item # 9 Ordinance No. 7775-07 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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 Cover Memo Attachment number 1 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 1 of 6 Attachment number 1 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 2 of 6 Attachment number 1 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 3 of 6 Attachment number 1 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 H. 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 4 of 6 Attachment number 1 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 5 of 6 Attachment number 1 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: APlanning DepartmentABEACH BY DESIGNAAMENDMENTS TO BEACH BY DESIGN\2006 Marina Residential Amendments\CDB - December 19, 2006 MaterialAStaff Report - 2006 Marina District Amendment. doe Revised Staff Report - City Council - January 18, 2007 Amendments to Beach by Design (Ord. No. 7721-07) - Page 6 of 6 Exhibit A ? m u 0 p1m o RAF Rr EIE, TFF] r' D R oS J ?FH !'Y i F??JII ? ?IJ,,. I H RFH i If, ?? r,-G L?J ;tr j-? r-Zf- T-U Z7 - J R/OS APPENDIX Future Land Use = Residential Urban Residential High Resort Facilities High j Commercial General Preservation u Recreational/Open Space Institutional Transportation / Utility Beach by Design Boundary F+ r I tRFH 1 R F H _ -? ?, oaf RH -i r. V LL Clearwater Clearwater Beach Future Land Use 1zi1snooe S Page 1 of 1 ROCKAWAY BAYMONT a J a 0 z Q ? < Clearwater Harbor W 1" Z C40 a w WA a MEMORIAL CAUSE r Clearwater Marina District Bounds Map WE 12/13,206 S Attachment number 6 Page 1 of 9 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 Attachment number 6 Page 2 of 9 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: The area to the east of PGiRsettia a to the north of Ba Ment is nd Nerth MaR dala y y of East Chere front en Gl -e to the east - apN ter Rays H eweyer these r?er n? are Ye - r te c c? cc?r ccrvrccc ?vcvc v , c cc Rei hbeFheed with aFGels te the east ef P eiRsettia GeRselidated with aFGels te the east g p- of East Chere in fader of land assembl p Fey it dictiRn e? ?ld be-Greco from t bIGGkS sh y. G ivu 2 Ordinance No. 7721-07 Attachment number 6 Page 3 of 9 hbnrheed be nnGi:nrJ?Ttenral part of tNG Rei It must be x . g GGRSEA?Gtieffert and is?`?'}`?4e far n marina based hetelaRd etar rrc°-crit'a°c-4al 6i t es. Walk > ; cteriec abeye n arhin e If "Sin rT9gle" nrenerty p G°en`'e'rtlirdacrCt l rdenc nvet n rr??T"?I?c'?T?- dc?eS?Klb?ced r-a?v"c abeye ? av?? vF,G6IF, smaller, b6it SigRifiGaRt, 'Gt GGRSG!NdatNGR NR the East Shere area GeRsisteRt with the -S an ninncncntiv-vnc fa rcrr r T2d2?F mc nnotr al of marina based dey2lOpnTCrnnmeRt in rrcr--r Th The ?6u rcrcv-nom "Bayside " , available• ?FE)j eGtS that nnn aatn a miRiml im of five aGFes 411 be eknibin far annrnval of hGh ?t up t cv o inn fe rc2? sF?uJ biencct tA n " nalc+ of the mm? init?i rr-r-r-?-vv---?-?}???1c?G??l??daccr??r Gmrr?rrrcy D nment iv ee, veaGh By -Design aRd annreyal by the mmwR4 ?FE)j eGtS at nnn ante a miRiml im of 7.5 aGFes 411 be eknible far annrnval of r-p ecv- 70 feet, bjcFt tB + rrnntiRg t the stag arrds En)f the mm? init?i height L `"' ?? ?? ?? ? --mrcc 45 Strl inWFr? es IvnEatced ca Gay seway ani-I Raymnnt Streercct G?3Cccca needimng g vv vcruc-r-u be c???rn r ?C?? cr- ,fee-1K1-?h2f??hall GGGH n mere than fifty (50) pe-rrcen?t -vefr thpreperty fFeR a aleRg t 'Rtra_Geastal WatepNay. Ordinance No. 7721-07 Attachment number 6 Page 4 of 9 inner nn° in n ot nn r knn 6 In ++ that B- t GGRSE ird? - - - th??' ? ? h?i R e ?vrrcrcctrvr rr rrr r ?cvrrr rracr vTr? r ? rrc , a v v T V a ? MaFina DR' i- --?iR4iat° ° Qt b -wsi Galls f- - --iR erderte the Qt er e Qt e faGH4ate y g r ti F n y y c v y DaveIlepmeRt atH Zing the IGtcvR`'E Ii-rdatiR--iRGe 4essh cI61d° - marii . Ordinance No. 7721-07 Attachment number 6 Page 5 of 9 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 alonq 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 Paoava 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 Attachment number 6 Page 6 of 9 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. Heiqht 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 Maximum Height for Land Area with Contribution to the Public Maximum Height Preferred Uses - Boardwalk or the Streetscape for Residential Development Mixed Used Development and Overnight Accommodations > 0.5 acres on one side of East Shore 40 feet 60 feet Drive > 0.5 acres on both sides of East Shore 50 feet 70 feet Drive 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 Attachment number 6 Page 7 of 9 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 hiqher quality of architectural and site desiqn. 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 Desiqn 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 Attachment number 6 Page 8 of 9 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. Buildina Desian Alona the Public Boardwalk The design of facades fronting Clearwater Harbor is critical in creating the atmosphere along the public boardwalk. These facades 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. Parkina Alona 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 8 Ordinance No. 7721-07 Attachment number 6 Page 9 of 9 Approved as to form: Leslie Dougall-Sides Assistant City Attorney Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7721-07 TO: Pamela K. Akin, City Attorney FROM: Leslie K. Dougall-Sides, Assistant City Attorney SUBJECT: Marina Residential District Options DATE: January 26, 2007 At the January 18 City Council meeting a public hearing was held on Ordinance No. 7721-07 and options were discussed regarding development limitations in the Marina Residential District. The area is currently under a six-month development moratorium imposed by Ordinance No. 7660-06, set to expire on January 30, 2007. That Ordinance exempts from the moratorium development of parcels exceeding 2.5 acres. Following are comments on the options discussed. Option 1: Continue the current development moratorium for a brief period. As discussed in previous legal analysis concerning development moratoriums, a six-month time frame is normally thought of as meeting Florida case law requirements. In WCI Communities, Inc. v. City of Coral Springs, 29 Fla.L.Wkly. D2196 (Fla. 4th DCA September 29, 2004), a nine-month temporary moratorium on processing of site plan applications for townhouse and multifamily development, adopted pending analysis of the comprehensive plan and zoning regulations and enactment of regulatory changes, was held not to be a temporary taking. A moratorium was said to be appropriate to preserve the status quo during the period of change, and to prevent development inconsistent with its pending regulatory changes. Therefore, there is some support for a nine-month period. Anything longer than a maximum total of nine to twelve months [additional three to six months] is not recommended as being legally defensible. It should be emphasized that the current moratorium is for the purpose of study and amendment, which is considered an allowable purpose under Florida law. Option 2: Limit development in the Marina Residential District for a nine-to-twelve- month period to allow only the desired development under the amended Beach by Design and Zoning District guidelines. This option would have the effect of prohibiting certain development as of right which is now allowed, namely, that development which is not the desired outcome under the amended Beach by Design document and accompanying zoning guidelines. The prohibition would not be for study and amendment purposes, but rather would be a Attachment number 7 determination memorialized in Beach by Design and the Zoning District amerFulumen13 The prohibition of development as of right raises two possible grounds for challenge. First, under the Bert Harris Act, Florida Statutes Sections 70.001 et seg., the affected property owners could argue that the City has inordinately burdened an existing use of real property or vested right to such use. If such a determination is made, the property owner is entitled to relief, which may include compensation for the actual loss to the fair market value of the real property caused by the action of government. The governmental entity has the opportunity before litigation commences to make a settlement offer to the property owner, for instance, to allow certain development. As the Act is relatively new, there have not been many substantive findings regarding particular local government actions. The term "inordinately burdened" means that an action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. The terms "inordinate burden" or "inordinately burdened" do not include temporary impacts to real property; impacts to real property occasioned by governmental abatement, prohibition, prevention, or remediation of a public nuisance at common law or a noxious use of private property; or impacts to real property caused by an action of a governmental entity taken to grant relief to a property owner under this section. The temporary nature of the proposal here means that property owners would have difficulty invoking the Bert Harris Act. As a cautionary note, there is no case law as yet regarding what courts will consider "temporary" under the Act. Secondly, any such action could raise an "inverse condemnation" claim under a common law takings theory. Inverse condemnation is a cause of action by a property owner to recover the value of property that has been de facto taken by a governmental entity having the power of eminent domain where no formal exercise of that power has been exercised. Rubano v. Department of Transportation, 656 So. 2d 1264 (Fla. 1995). A "taking" occurs when a property owner is denied substantially all economically beneficial or productive use of the land, and whether this has occurred is determined with reference to the facts in each case. A "taking" may be temporary or permanent. The possibility of litigation under this theory raises a concern. Moratorium case law indicates that generally the purpose is to perform study and amendment as opposed to enacting a more substantive limitation on development. Therefore, the proposal could well be considered, though brief in duration, as a substantive limitation. Even if temporary, an improper "taking", if found, can result in a substantial damages award. Moreover, reaction to the recent holding in Kelo v. City of New Attachment number 7 London, Connecticut, 545 U.S. 269 (2005), and subsequent actions of StatLPage 3 of 3 legislatures, indicate a climate favorable to property rights. The Florida Legislature in 2006 enacted legislation restricting local governments in their exercise of eminent domain/condemnation rights to "traditional" public purposes such as roadways and utilities and prohibiting such action for private economic benefit. See Laws of Florida Ch. 2006-11. It cannot be predicted with certainty whether the above-listed claims would be successful. However, the City Council should take the possibility into consideration in determining its course of action with regard to the Marina Residential District. Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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 Item # 11 Attachment number 1 Page 1 of 2 CDB Meeting Date: Case: Ordinance No.: Agenda Item: December 19, 2006 TA2006-10008 7723-07 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. Pal-e 1 Amendments to the Community Development Code, Proposed Ordinance No. 7723-07 Staff Report Item # 11 Attachment number 1 Page 2 of 2 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: 0 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:iPlanning DepartmentiCommunity Development Code2006 Code Amendments7A2006-10008 - Marina District Code Admendments?Staff Report -2006 Amendments Ord. No. 7723-07,•12.19.06.doc Pal-e 2 Amendments to the Community Development Code, Proposed Ordinance No. 7723-07 Staff Report Item # 11 Attachment number 2 Page 1 of 3 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. Ordinance No. 7723te n # 11 Attachment number 2 Page 2 of 3 *********** 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 2 Ordinance No. 7723te n # 11 Attachment number 2 Page 3 of 3 Approved as to form: Leslie Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7723te n # 11 Attachment number 3 Page 1 of 3 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. *********** Ordinance No. 771teN # 11 Attachment number 3 Page 2 of 3 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 2 Ordinance No. 7723te n # 11 Attachment number 3 Page 3 of 3 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie F. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No. 7723te7n # 11 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 8 Location Map Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035 I Site: 1761 Audrey Drive 1 Property Size 189 I (Acres): Land Use From : Residential Low R-3 To: Residential Low LMDR Zoning PI N: 05-29-16-71424-000-0400 Atlas Page: 264A Item # 12 Attachment number 1 Page 2 of 8 00 ! 1 .,, ?1 ':JAW .I„v ` ?r5?.dr 1 H. j{a{a?'j - 1? ?^` K t?Y ?r , ) c7 tt. v {{,,qq yy??ryu ,iY 'k:: L r. ' ee N IJ... Y? ?• aY3X![y. `P1? ?' Y 1T. 'hF L7!('1 .'..:•R ?,t hF n. 4i,',x Wnu y , tG? '? is { I` ?tti 7 LI.I. 't ;Y- 04 ti k 4 ? ? ? ?, ? it B y ? '''?' }?.: ?'F?• ? ? ? Il F ' r .. ?yyr F _ 4 ' 1? Aerial Photograph Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035 Site: 1761 Audrey Drive Property Size 0.189 (Acres): Land Use Zoning PI N: 05-29-16-71424-000-0400 From : Residential Low R-3 To: Residential Low LMDR Atlas Page: 264A Item # 12 Attachment number 1 Page 3 of 8 1eo4 -M6: I ,OU1 780s - 1807 1801 18(10 A 1800 1804 I 80,0 ry N N MORN NGSiDE DR _ `V N N N N N N N ry ` . ry A N N N N N . 17 ?.: 4. 4 b 5 4 6 7 1768 , '. ry N ? N N N ca ?? N .1764 h', .. 16 177 N TERRACE DR 1785 TERRACE DR 1775 177 1779 1,77„ 1770 60 50 1779 .1760 15 65 64 37 =i R N pro.. 141766 1771 1772 1773 1 1773 1756 N 1762 66 1772 1758 13 1767 17661 1767 < 1766 1767 1752. 1749 1752 1771 12 w 1758 1761 1760 176i 1760 1750 , 1745 68 N, - 11 175 - -- 1751 - I 1761 1744 1746: 1750 1755 4 1741 10 69 54 1 1721 1745 _ - 5 1740 Z 1740. 9 174 t 48 1749 1749 1737 W LU 1742 42, 1749 1 r - 8 1743 Z 1743 1743 1733 . 1717 - 0 1732 17 1738 7 ? q ----- - 7 U 17 7 1736 1737 1729 1734 - 1737 , 1728 17 6 1736 1725 1730 17 - _ n F e 1733 1724 1 172 ?' 1730 1731 1730 1721 _ 1715 4 1726 1725 f7241 1725 ?1718 1 :172 1 725 L 174 1717 - 1727 1 y221 u 1 1719 .1718 1719 1718 1719 171 „ z - - - - - - - 171. 1718 11713 --^ ---- 1719 4715 1'742' 171.3 1,1,712 1713 .. - 174 . Proposed Annexation Map Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035 Site: 1761 Audrey Drive Property Size 0.189 (Acres): Land Use Zoning PIN: 05-29-16-71424-000-0400 From : Residential Low R-3 To: Residential Low LMDR Atlas Page: 264A Item # 12 Attachment number 1 Page 4 of 8 MORN1NGSiDE DR ;A - M N 7' '3 A 13 16 - - 17 - 4 5 6 7 F R L c, ;. O I 16 1774 N TERRACE DR 1775 1778 1779 1,778 RRACED R ' 1770 1 60 RU 64 so 1,,-Qr) 5 .? ??U ?i6 1771 Y 17, 3' 1 5L c 66 ' - 1762 1 17 1 u 13 176?j 9fj 52 CL ? ? 1 12 1758 1761 r?rn , ., .uRl t ?V, , ? X70' ?.?r) ? 17, 68 ;?- ? 1754 ------ 3761. ->??. '. 1> F6 1751 !"4 O/R 10 1750 69 "3(, ' ' 41 RL o 20 1746 - - - 9? 15' 1,3 1719 ------ 1'bi 7J - _, bx w 42 1742 Q Q -? 4. g J ? 171 '? ??1i fi,p? 738 Q . Z / L ,a W u «;r -- s Q 1734 Q.. -? - Q s, 6 Q 7, 2, 7i 1 71'' h, 1 CL 7J " r 4RU26 - -' hv5 ) 1 t ., _.: 1,15 RL 1b. ` . ; 1 2r "1?'', ?;1704 i Future Land Use Map Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035 Site: 1761 Audrey Drive Property Size 0.189 (Acres): Land Use Zoning PIN: 05-29-16-71424-000-0400 From : Residential Low R-3 To: Residential Low LMDR Atlas Page: 264A Item # 12 Attachment number 1 Page 5 of 8 Zoning Map Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035 Site: 1761 Audrey Drive Property Size 0.189 (Acres): Land Use Zoning PIN: 05-29-16-71424-000-0400 From : Residential Low R-3 To: Residential Low LMDR Atlas Page: 264A Item # 12 Attachment number 1 Page 6 of 8 '7soa t?o6 1607 1 s 1 07 2:; . 18Q1 18110 o N © o 1804 ? N A 1800 N 1800, N N MORNINGSIDE DR u Si ' 1 ` ngle Fam1lN, Resid ential ,. cp ~ h M OJ V' ii? N A .N N N N N N N N A N cy NI N N. N n 71 17 -- p <D 4 co b 5 ^ 6 ^ R 7 op ,,,1768 ??' N N N N N N 1764 ?. . 16 177 0 N TERRA CE DR x785 .. , N . :. 0 177 1779 X1778 TERRA CE DR 1770 so r 5 1779 1760 15 65 64 37 ? N M 1766 14 1771 1772 1773 ` 1773 1756 N _ 1762 BB 5? 17 lgle- mile Re ; st en,ti 1 ,758 13 1767 1766 1767 t 1767 1752 1749 1752 1771 12 1758 176 1760 ?a»?? xi \ - bf 1760 1750 68 1745 11 175 1751--- ?, 1769 1744 1746. 1750 10 69 ` i 1755 C 1741 1721 1754 -_ 1740 1740 _ 5 17 1754 1 3 174 9 Q 1748 Q 1749 1748 C[ 7 7 742 J W y+fg O 1749 W - a Z ' " 1743 1 421 © 1743 W 1743 1733 . 1717 1738 i Q Q 17 -------- 173 7 V 173 1736 1737 1737 1729 1734 72 1728 17 6 1736 1725 1730 1731 1733 1 lo m ' R ) , 17241 172, 1-736 ft a l? es fi 1721 1715 4 1726 1725 1724' 1725 1718 17 1725 1724 1717 1727 1722 4 ° 1719 1718 1719 1718 1719 171 --------- 17.i. 718 1 L I i ;17x3 15 47 1713 1,712 1713 171 : . Existing Surrounding Land Use Map Owner Ronald A. & Lynne M. Knight Case: ANX2006-09035 Site: 1761 Audrey Drive Property Size 0.189 (Acres): Land Use Zoning PI N: 05-29-16-71424-000-0400 From : Residential Low R-3 To: Residential Low LMDR Atlas Page: 264A Item # 12 Attachment number 1 Page 7 of 8 J,x IIXt' $ t ', 7 i ?? r - L 1. 1761 Audrey Drive JA 3. Facing west from 1761 Audrey Drive W1 -,I ?pW iii nj J?yf t 2. ] -(,1 ldrey Drive t ;??.fl 4. Street View North trom 1761 Audrey Drive ANX2006-09035 1761 Audrey Drive Ronald A. & Lynne M. Knight Item # 12 Attachment number 1 Page 8 of 8 ANX2006-09035 1761 Audrey Drive Ronald A. & Lynne M. Knight Item # 12 Attachment number 2 Page 1 of 5 CDB Meeting Date Case Number: Owner/Applicant: Location: Agenda Item: December 19, 2006 ANX2006-09035 Knight, Ronald A. & Lynne M. 1761 Audrey Drive 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 Item # 12 Staff Report - Community Development Board -December 19, 2006 - Case ANX2006-09035 Page I Attachment number 2 Page 2 of 5 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) 1. 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. Item # 12 Staff Report - Community Development Board -December 19, 2006 - Case ANX2006-09035 Page 2 Attachment number 2 Page 3 of 5 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. Item # 12 Staff Report - Community Development Board -December 19, 2006 - Case ANX2006-09035 Page 3 Attachment number 2 Page 4 of 5 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. Item # 12 Staff Report - Community Development Board -December 19, 2006 - Case ANX2006-09035 Page 4 Attachment number 2 Page 5 of 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:APlanning DepartmenAC D B\Annexations\ANX - 2006\ANX - 200609035\ ANX2006 -09035 StaffReport.doc Item # 12 Staff Report - Community Development Board -December 19, 2006 - Case ANX2006-09035 Page 5 Attachment number 3 Page 1 of 1 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: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 12 Ordinance No. 7755-07 Attachment number 4 Page 1 of 1 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: PropertX 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 Item # 12 Ordinance No. 7756-07 Attachment number 5 Page 1 of 1 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: PropertX 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 12 Ordinance No. 7757-07 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 7 cj - - - - J 3 u L J r ', ? I ?CCC SI I?AFt'?Y s C? 1 1 II L Location Map Owner Rose Quattrocchi Case: ANX2006-09036 Site: 1416 Regal Road Property Size (Acres): 187 Land Use Zoning From : RL (County) R-3 (County) PIN: 23-29-15-83880-000-0050 To: RL (City) LMDR (City) Atlas Page: 315A Item # 13 Attachment number 1 Page 2 of 7 I i R I? a ,,J? IRS _ 5 Tics "' ``I ' `i 4' ?IN ' I^ ? ? ` . .y. . ??~? b , A n c f P ?? l r -r y; t , +s r a. •'` I ?, z t 1 h` I A i * 1 P ' ` a 0 9 Aerial Photograph Owner Rose Quattrocchi Case: ANX2006-09036 Site: 1416 Regal Road Property Size 187 (Acres): Land Use Zoning From : RL (County) R-3 (County) PIN: 23-29-15-83880-000-0050 To: RL (City) LMDR (City) Atlas Page: 315A Item # 13 Attachment number 1 Page 3 of 7 9 6 9 Y 157- 15 1575 33/01 10 33/02 158 s 5 10 4 1579 5.6 1478 11 1y0 2 1474 1472 4 158 V 151313 4 12 3 15 W 1587 A-66 88 1587 Proposed Annexation Map Owner Rose Quattrocchi Case: ANX2006-09036 Site: 1416 Regal Road Property Size (Acres): 187 Land Use Zoning From : RL (County) R-3 (County) PIN: 23-29-15-83880-000-0050 To: RL (City) LMDR (City) Atlas Page: 315A Item # 13 Attachment number 1 Page 4 of 7 RU R M 1470 9 10 rn Rb 1 150 w =/ W7 A ? R?11 2 S HILLCM M y ? 22 23 9 10 W 14 11 SEABREEZE SF RL ? g. 17 16 15 14 1312 11 10 7 6 5 4 3 2 20 21 22 23 _ 24 25 26 27 28 29 30 31 32 1 33 34 35 R o s ;r c PU - d - - NURSERY RD 3] Z 32 35 37 7 8 e 6 9 157 G 157 I 33/01 s 33/02 R u 1580 s J 10 4 1579 5.6 7 _ T1472474 4 1582 Z 15? 4 4 1471 W . 1587 77 Future Land Use Map Owner Rose Quattrocchi Case: ANX2006-09036 Site: 1416 Regal Road Property Size 187 (Acres): Land Use Zoning From : RL (County) R-3 (County) PIN 23-29-15-83880-000-0050 To: RL (City) LMDR (City) Atlas Page: 315A Item # 13 Attachment number 1 Page 5 of 7 m m M 2 P1 µ 1470 9 10 w rn ?? 1500 %2 1 150 ? w D W7 A ? W `D 1 2 S HILLCM M y ? 22 '.. 23 7 8 10 14 11 157 33/01 s 33/02 L E ( 4 l? I 5•s TQ 1141 U 4 1582 W Owner Rose Quattrocchi Site: 1416 Regal Road Land Use From : RL (County) To: RL (City) Zoning Map Zoning R-3 (County) LMDR (City) Case: Property Size (Acres): PIN: Atlas Page 54 O 66 66 1474 1472 ANX2006-09036 0.187 a 7 1471 23-29-15-83880-000-0050 315A Item # 13 Attachment number 1 Page 6 of 7 7 a a 's?o ?yy 6 I l 1576,, 10 1575 33/ui 15?? 11 5 Z 16 1579 4 158 V 15133 12 { 1587 158 3 8 W 1587 Existing Land Uses Map Owner Rose Quattrocchi 33/02 urch Case 5.6 1474 1472 4 b66 ANX2006-09036 1 1 Site: 1416 Regal Road Property Size 0.187 (Acres): Land Use Zoning From : RL (County) R-3 (County) PIN 23-29-15-83880-000-0050 To: RL (City) LMDR (City) Atlas Page: 315A Item # 13 Attachment number 1 Page 7 of 7 Si 'A '4Z- 7 vp i 1. 1416 Regal Road 4 ssc' y WIN", W11-1111W I ~yf 3. Facing south from 1416 Regal Road es ti;µ " Y ?r h Soh t,` 2. Facing east from 1416 Regal Road .a YAW r 4. Facing west from 1416 Regal Road ANX2006-09036 1416 Regal Road Rose Quattrocchi Item # 13 Attachment number 2 Page 1 of 5 CDB Meeting Date Case Number: Owner/Applicant: Location: Agenda Item: CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: December 19, 2006 ANX2006-09036 Rose Quattrocchi 1416 Regal Road (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). 8,160 square feet, or 0.187 acres (80 feet wide by 102 feet deep) Single-family dwelling Single-family dwelling Residential Low (RL) (County) Residential Low (RL) (City) R-3, Single-Family Residential (County) Low Medium Density Residential (LMDR) (City) Item # 13 Staff Report - Community Development Board - December 19, 2006 - Case ANX2006-09036 Page 1 Attachment number 2 Page 2 of 5 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). 1. 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 H 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. Item # 13 Staff Report - Community Development Board - December 19, 2006 - Case ANX2006-09036 Page 2 Attachment number 2 Page 3 of 5 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. Item # 13 Staff Report - Community Development Board - December 19, 2006 - Case ANX2006-09036 Page 3 Attachment number 2 Page 4 of 5 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. Item # 13 Staff Report - Community Development Board - December 19, 2006 - Case ANX2006-09036 Page 4 Attachment number 2 Page 5 of 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 H Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs SAPlanning DepartmenAC D ffiAnnexationAANX - 2006\ANX2006-09036 - 1416 Regal Road - Quattroccz%4NX2006-09036 Staff Report. doc Item # 13 Staff Report - Community Development Board - December 19, 2006 - Case ANX2006-09036 Page 5 Attachment number 3 Page 1 of 1 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 Item # 13 Ordinance No. 7758-07 Attachment number 4 Page 1 of 1 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: PropertX 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 13 Ordinance No. 7759-07 Attachment number 5 Page 1 of 1 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: PropertX 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 13 Ordinance No. 7760-07 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 7 t r- ??. ? I = I fh r n Y 74 _ {4 f J? . i s ---- v.. .. ..x III ^. #r ,? ., 2 L? PROJECT Lr-° ] SITE 0 1I l v L`? `?: , ? ,... ? , ?? •:? 1 ? ? ? ? ? ? fit , __ ?n IT 71 1 r? 4 I I dddx 4 I _ ' h inn. ..? s; x 7?1 _ = L r" 7 r . T] [I 'r T 1= e,,ar r_ r M._ FT ITT -M SI 1`? 7/ F F---] Location Map Owner James L. Waters Case: ANX2006-09037 Site: 1236 Claire Drive Property 0.157 Size Acres : Land Use Zoning PIN: 10-29-15-85446-001-0020 From : RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 269B Item # 14 Attachment number 1 Page 2 of 7 r I uw p)) j Aerial Photograph Owner James L. Waters Case: ANX2006-09037 Site: 1236 Claire Drive Property Size Acres : 0.157 Land Use Zoning From : RL (County) R-3 (County) PIN: 10-29-15-85446-001-0020 To: RL (City) LMDR (City) Atlas Page: 269B Item # 14 Attachment number 1 Page 3 of 7 m O` o o °' O ?ti e ?? 43/042 M ? r ? ?O 0 ?-9L F 18 17 16 Ac o ? 1707 6s 1703' 2 3 ^00 ? .. Z ° c 0 o 00 I-. W m W w - __- O CO FAIRMONT ST 0 co 6 5 4 3 2 60 1625 ry ry. M tti ?:,uu 1 O - M 9 8 7 CLAIRE DR o N; 0 N 50 1239 1620 i, ? 10 11 12 1 1 16 2 a 0 M Z' 1619 ?- 1235 10 2 15 1232 O o PARKWOOD ST r+ 1616 ? 9 3 14 1615 8 >2,39 1612 ? M M 160 9 7 Proposed Annexation Map Owner James L. Waters Site 1236 Claire Drive Land Use From RL (County) To: RL (City) Zoning R-3 (County) LMDR (City) Case: Property Size (Acres): PIN: Atlas Page: ANX2006-09037 0.157 10-29-15-85446-001-0020 269B Item # 14 Attachment number 1 Page 4 of 7 O` I o 0 0 F C 43/02 n RU M M 00 , L? 18 17 16 Ac CG 66 ,707 ,7031 2 3 0 n m 0 Cl) FAIRMONT ST 0 M RL 5 4 2 1 60 1625 RU RL, 9 8 7 CLAIRE DR o RL 50 10 11 12. 1 1 16 :. 2 0 a Z' 0 z 5) 1619 RL 10 RL 2 15 . p o PARKWOOD S1' 1616 9 3 14 1615 RL MRU 8 ,6,2 ,6 Pt 9 ? 7 Future Land Use Map Owner James L. Waters Site: 1236 Claire Drive Land Use From : RL (County) To: RL (City) Zoning R-3 (County) LMDR (City) Case: Property Size (Acres): PIN: Atlas Page: ANX2006-09037 0.157 10-29-15-85446-001-0020 269B Item # 14 Attachment number 1 Page 5 of 7 l ?. 0141 0 0 ?e? 43/042 o n 00 , L? 18 17 16 Ac C ,707 ,7031 2 3 a 0 o° n 0 LMDR M 6 5 4 3 60 ,625 1 0 J V 9 8 7 CLAIRE DR Q' ?e 50 10 11 12. 1 1 16 :. 2 0 a Z' 0 +. 1619 10 U 2 15 O.` PARKWOO? o ;T VWY 1616 L 3 14 ,6,5 T M 8 1612 M Zoning Map Owner James L. Waters Case: ANX2006-09037 Site: 1236 Claire Drive Property 0.157 Size Acres : Land Use Zoning PIN: 10-29-15-85446-001-0020 From : RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 269B Item # 14 Attachment number 1 Page 6 of 7 1^ O` ? tip ? ?Qe e ^^ ? 43/042 0 0 ?-9L 18 17 16 Ac o^ ^ 6s 1707 170 2 3 ^pp \ry Fire Station ?O 1 o ? o M O T 4- ? - - ,W O CO AIRMONT T 0 co 6 5 4 3 2 60 1625 1 "ngle- 4 fimify " N Reside N " ntial - 1 M ry <l' ingle famil esi tial 9 8 7 CLAIRE DR Ln N N. 50 1239 1620 j; 10 11 12. 1 1 16 2 a 0 M :z 0 1235, 1619 10 2 15 1232 o PARKWOOD ST 1616 C S ngle- m>jy R side tial 3 14 1615 Q M 0 1? 8 1231 1612 M ? 1606 9 7 Existing Surrounding Uses Map Owner James L. Waters Site: 1236 Claire Drive Land Use From : RL (County) To: RL (City) Zoning R-3 (County) LMDR (City) Case: Property Size (Acres): PIN: Atlas Page: ANX2006-09037 0.157 10-29-15-85446-001-0020 269B Item # 14 Attachment number 1 Page 7 of 7 A R X r::: gut .. k . J „ryz N?MN 1. 1236 Claire Drive 1 i 3. Facing east from 1236 Claire Drive j tr 2. Facing west from 1236 Claire Drive r Y I 4. Facing south from 1236 Claire Drive 5. 1236 Claire Drive ANX2006-09037 1236 Claire Drive James L. Waters Item # 14 Attachment number 2 Page 1 of 5 CDB Meeting Date Case Number: Owner/Applicant: Location: Agenda Item: CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: December 19, 2006 ANX2006-09037 James L. Waters 1236 Claire Drive (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). 6,825 square feet or 0.156 acres (65 feet wide by 105 feet deep) Single-family dwelling Single-family dwelling Residential Low (RL) (County) Residential Low (RL) (City) R-3, Single-Family Residential (County) Low Medium Density Residential (LMDR) (City) Item # 14 Staff Report - Community Development Board -December 19, 2006 - Case ANX2006-09037 Page 1 Attachment number 2 Page 2 of 5 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). 1. 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. Cnlirl Watee 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 H 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. Item # 14 Staff Report - Community Development Board - December 19, 2006 - Case ANX2006-09037 Page 2 Attachment number 2 Page 3 of 5 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. Item # 14 Staff Report - Community Development Board - December 19, 2006 - Case ANX2006-09037 Page 3 Attachment number 2 Page 4 of 5 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. Item # 14 Staff Report - Community Development Board - December 19, 2006 - Case ANX2006-09037 Page 4 Attachment number 2 Page 5 of 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 H Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs SAPlanning DepartmenAC D ffiAnnexationAANX - 2006\ANX2006-09037 - 1236 Claire Drive - Waters\ANX2006- 09037 Staff Report. doc Item # 14 Staff Report - Community Development Board - December 19, 2006 - Case ANX2006-09037 Page 5 Attachment number 3 Page 1 of 1 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: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 14 Ordinance No. 7761-07 Attachment number 4 Page 1 of 1 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: PropertX 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 Item # 14 Ordinance No. 7762-07 Attachment number 5 Page 1 of 1 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: PropertX 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 14 Ordinance No. 7763-07 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 5 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: SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: (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). 99,447 square feet or 2.283 acres (155 feet wide by 640 feet deep, approximately) UPARC Group residential home UPARC Group residential home (no change) Residential Low (RL) (County) Residential Low (RL) (City) AE, Agricultural Estate Residential (County) Low Medium Density Residential (LMDR) (City) Item # 15 Staff Report - Community Development Board -December 19, 2006 - Case ANX2006-10038 Page 1 Attachment number 1 Page 2 of 5 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). 1. 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. Item # 15 Staff Report - Community Development Board -December 19, 2006 - Case ANX2006-10038 Page 2 Attachment number 1 Page 3 of 5 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. Item # 15 Staff Report - Community Development Board -December 19, 2006 - Case ANX2006-10038 Page 3 Attachment number 1 Page 4 of 5 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. Item # 15 Staff Report - Community Development Board -December 19, 2006 - Case ANX2006-10038 Page 4 Attachment number 1 Page 5 of 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 SAPlanning DepartmenAC D ffiAnnexationAANX - 2006\ANX2006-10038 - 1891 CR 193 - UPARC\ANX2006- 10038 Staff Report.doc Item # 15 Staff Report - Community Development Board -December 19, 2006 - Case ANX2006-10038 Page 5 Attachment number 2 Page 1 of 7 Location Map I Owner Upper Pinellas Association for Retarded Citizens, Case: ANX2006-10038 I Inc. 1 1 Site: 1891 CR 193 Property Size 2.283 (Acres): Land Use Zoning From : RL (County) A-E(County) To: PI N: 05-29-16-00000-410-0200 RL City) LMDR (City) Atlas Page: 264B Item # 15 Attachment number 2 Page 2 of 7 Al" ? ygrtl+ # h ? ?h, ?t: r X,:3 U . SLIT' Z7'1:VL1IC,l?-' f- ,j ay Aerial Map I Owner Upper Pinellas Association for Retarded Citizens, Case: ANX2006-10038 I Inc. 1 1 Site: 1891 CR 193 Property Size 2.283 (Acres): Land Use Zoning From : RL (County) A-E(County) To: PI N: 05-29-16-00000-410-0200 RL City) LMDR (City) Atlas Page: 264B Item # 15 Attachment number 2 Page 3 of 7 6,22 AI, 14/13 N 161 55 SUNSET POINT RD N cm 11 10 13 12 11-1-1 "1 1887 t12 f___, 60 1880 1881 1874 1875 ,3 8 1868 1869 ,4 7 Q 1862 ,5 0 1857 1856 S ,6 J J -1 0 1851 1850 ,7 V 60 b N Proposed Annexation Map I Owner Upper Pinellas Association for Retarded Citizens, Case: ANX2006-10038 I Inc. Site: 1891 CR 193 Land Use From RL (County) To: RL City) Zoning A-E (County) LMDR (City) Property Size 2.283 (Acres): PI N: 05-29-16-00000-410-0200 Atlas Page: 264B Item # 15 Attachment number 2 Page 4 of 7 {?\ 6,22A QL] L 1 7I O 1,01 I -? A'A 55 SUNSET POINT RD Future Land Use Map I Owner Upper Pinellas Association for Retarded Citizens, Case: ANX2006-10038 I Inc. Site: 1891 CR 193 Land Use From RL (County) To: RL City) Zoning A-E (County) LMDR (City) Property Size 2.283 (Acres): PI N: 05-29-16-00000-410-0200 Atlas Page: 264B Item # 15 Attachment number 2 Page 5 of 7 { \ 6,22A 14/13 ] L 1 7 LVR or A 7 SUNSET POINT RD LMDR ---------- --------- % 2 0 3 4 p? 14/152 SUNRISE DR F 1 a 13 N 12 N 11 10 N 9 8 - N4 rrrrr,rrlrrrrrrrfrrr rrr,rrrra. LH DR(D ,886 ,887 2.28 A 60 a 1 i r t r a 1 1 a r ,2 1880 1881 1875 1874 41/03 3 8 2.61 A c c> 1885 1868 1869 --.... -• .?.--,.- -..-. .. ,. .., 14 7 Q 1862 ,5 1857 S 1856 W 2 46 A; 6 1851 1850 Q ,7 V tv C.R. 193 7777 f N ?Op? N N Zoning Map I Owner Upper Pinellas Association for Retarded Citizens, Case: ANX2006-10038 I Inc. 1 1 Site: 1891 CR 193 Property Size 2.283 (Acres): Land Use Zoning From : RL (County) A-E(County) To: PI N: 05-29-16-00000-410-0200 RL City) LMDR (City) Atlas Page: 264B Item # 15 Attachment number 2 Page 6 of 7 V V 6.?z A 14/13 o `"' (a ro 1,01 A h¢ SUNSET POINT RD 19? C-4 11 13 12 1887 ss 12 Sing a-f ily 13 8 1868 1869 14 7 Q 1862 15 0 1857 1856 S 16 J 0 1851 1850 C1 17 so ,? 11 04 Existing Land Use Map Owner Upper Pinellas Association for Retarded Citizens, Inc. Site: 1891 CR 193 Land Use From : RL (County) To: RL City) Zoning A-E (County) LMDR (City) Case: Property Size (Acres): PIN: Atlas Page ANX2006-10038 2.283 05-29-16-00000-410-0200 264B Item # 15 r+ ? p F 41- `? ?; i w` { {C? L ,a £ ! , v4f ?_ ? III I lid l' 4 i t Attachment number 2 yU r. hS ' is T 1 moil bl H l., z' 3 ?. Views looking east (above two rows) 5. r) ? M ON A6 - y. 1 - A? k ' .L 1 ?. View looking north View looking southeast ANX2006-10038 Upper Pinellas Association for Retarded Citizens, Inc. Item # 15 1891 CR 193 Attachment number 3 Page 1 of 1 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: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 15 Ordinance No. 7772-07 Attachment number 4 Page 1 of 1 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 15 Ordinance No. 7773-07 Attachment number 5 Page 1 of 1 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 See legal description attached hereto (ANX2006-10038) Zoning District Low Medium Density Residential (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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 15 Ordinance No. 7774-07 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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 Item # 16 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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 Item # 17 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7724-07 on second reading, approving amendments to the Code of Ordinances relating to occupational licenses. SUMMARY: Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Other None Budget Adjustment: to Annual Operating Cost: Total Cost: None Cover Memo Item # 18 Attachment number 1 Page 1 of 60 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 Ordinance No.l%-?24-*718 Attachment number 1 Page 2 of 60 "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 11, Division 1, Code of Ordinances, is amended to read: Sec. 6.25. Business tax receipt GGGUpat ORal IiGen a required. All alcoholic beverage establishments in the city shall obtain a business tax receipt be ?-?ed 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 11, 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 a44 business nnnqnotiepal Gepso tax 2 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 3 of 60 and obtained a44 business tax receipt GGGupotinnol liGeps as provided in section 29.58. Sec. 7.43. Investigation before issuance. Before the issuance of any business tax receipt GGGupotiepal Gepso 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 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 IiGeRsee 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 issued for that particular location. Upon the ceasing of the nuisance, upon application, a new business tax receipt may be issued and the new business tax receipt eGGqpatiepa? l'^? 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. vhhapteM A BATHHOUSES AND MASSAGE ESTABLISHMENTS* The felleWiR hFases wnFds teFRqs aRd wheR 'used iR thiG Gha teF shall g p i i i i i - - p , have the meaR Rgs aSGr bed te them R th s seGt G N RGIinntes n diffe FeRt meaRNR' R, eXGept wher e the GGRtext Glearl 3 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 4 of 60 Bath eaRs m aR mathe d of washR GFG l ansinn of ? tF 6lGt6l n n f the h6 iman be d T " er an y " exte FR l art th g with wate erether l r u i uid r e ? r steam N RGIUdiR bU t RGt l imited a p te steam F eeMS G abiRet v baths sa q , 6lRa bath s si , tz baths g enln?rrzgati Rath eRs, s hei ?e hower m s and baths nn" es + , 1 of all Ilinr m t ei? d0 ha"inr , v n fixed Ge of b6 i , cine , rn ss whn -c T - „ ?? ? rc v?rvrr?: eR ed NR a GF 'a mid n n an" er all of 11 ? rv? c s eR m the def RitiG `? T n g g Lttl c i c rr ? t T i v thera ist G rra hirre GtGF estn ath Rature a th ediatrist h GIdinn p , dru less r p aGtitiGR , eF'S ? , GeFtifiGate 6IR p der the , p laws , ef this st ate Furt herm ere this g p . , vGalp, the a Rath Ge, the teGh ReG Winn kr the she el m ?T? aR is ders eF eR w he fo r nn" eFatin n wh ntseeyeF cn -v w44eF meaRs y p - __ aRd a aR ll eFSG S list an ed b a lieaR waRt tG v seGtinn 47 Ep? l /5\ ? e ee }e `?-S y an" ner snn - p h ether t a n a y bath teehni pp Gian whe r eo rde rs an" - p ?e ? 9 to y atr a t n n I n rs arr?pcvr s eGtin? r? r m t? ur rc? ? pne crrcccnrrr Fatinn of a n?rr?vrrv hathhe rr C T ise crcro arr? aRd whe r n ,es n e e'r p N` e`i?S - r r ? ti ne a di reG, nr - iRdi reG , `fFGM to ee r a teer ate, Tn f the r c w? LiGef s rrr c v ssa r crrcc e h e ist r rcc me ` Rs a p r c YSG liGeR cr ?? er re uir ed te be, nceRsed b C C +h 48 r g W ? ma be t end p ed f? s te time time wh q e ad Minic [e? y e fn massa . . r emm : ens at y inn whether sUGh ne rsnn is r _ aet6 ialh, lie enserd e r not g Mass p m a e eaRs as set fe h in C C § 480 as m 033 be a a mneR Qnfrt time te time Mass n T g . a e ept ic-e-means a . . KeRt+ee -as d . , efine b F= y S § 480 033 as ma be ameRd Mass g e es a pp time-t tablis e time. hment mean pp s a site e r pre y mises nr nn N N rtinn ther . eof y , wherein a Da g n m n " erson whe reG+T,e ba th at abat le6 is nn a meRt of mnne" er Reee ether P zea nnnsid ' Sche p eratinn ther el means efor e d massa e "Ghee) P as d p y efiRed h" -NSN § 480"0 Sex w g 33, as l eT may, e;Tt3l eided aFtss„all frem tim mean th e-te ti e ; e g me. Tt als 6ibiG ea bu tte& G 8616 6im er g the vu lva Af p eFSGR apy With re g ard t - , p e the breas , ts ef a f emal - , e sexw al F-11111= p . g , - referrer) to a s the a reela 4 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 5 of 60 EXc ti nnt as eth lice revid in ??a as G+G? r?rn?iiciGRS Gf ?u ter 29 i p r ela ,, p Gle ' aFt i , i bathheuse tenhnini-n l GeRsed massage s, > c massage appFeRt Ges aRd bath bum c?s a irs, t eRfGFGe the pFGVicinnc of this nhapter Every percnn n?nininn? nneratiRg er managing ° b°tF he-se snal l pest a GGp n Ne b? ha ice shall be e nnerated, macliTntCCairrnercc)r established n vr cnnnrl6 inter) withirr rav-r?u -a?c ?nuvFcrcrccr -rrrnn- e?.rcuprrn crrvrrcrcrccccravrcrn the y 6 inlet S i ba a ice shall GE)Mply with the fnllrun RI F. (1he remises shall have ade a a errs iinme It fnr dicinfentinn aRd p s eFili n_rdi snesable equ n a- m er $ nrJ mater ials-us in adMiRi Jtnrin n bat SUGh n hs cr r r nn_rJic+ r es bl? J r? eRts er mateFials ? shall be dicinfente . d aRd sterili p zer) aft er 6 ice T nn e°nh natr nn /7\ ?Oced -abin h etS shall b e nreyi decd aR d used ised fnr -- - - age of ?}L c ?9-r- T? ?? ni enn lieei? t6i S „ ? aRd n er m ?r? et ?r ? n n used i ? ag ?m nnnnnt i n n .en - rP --m? ccm , rJ steri bath -rn? c s All seile ?--n-r d ine ccc s nie r -rr-?rc Is deter rrccc n vrrr--cvr v ° l i materials . , r r cr c-ab?et Ss„all be se ara te frem the-Gle ?t9r e-a rea ,. (3) Glea, IiRees- p aRd tewels r be re ag vid fnr e ah atFGR v nnmmnn 6 ice of te ice /A\ All b? h wels nr line b ? no shal tu s p l be pe shower rmitter) stalls stea p m m er b? areas u v aRd fleers shall ha cr ve s irfanes whinh ?vcPC b ma , e readil diSi RfeGted -- (5) Ade uate a r'rv t res s R -iv i y a c er y T te Ile t ' r . 'iri ies shall be b q ????. p ? iQ he n r V li ? r ei n r }rg?, ? ? ' ' S c c r e be s i c c }c ., e?e -- at aR t ive R time if 7 V }7 t male female GT ? atFGR-s-ar t7 C7 e to be serve tl m ul e d c y g . ewsI se ar ra y, p Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 6 of 60 ti bthi d ressiR Ie ker - - Rdte(I ' e t faG il1?Ssh °Ill b e rr eyid ? Tr, c arate t Se eilet aR g, d l ,i ayater r c 1 faGilities s hall b e m aint ai nerd f nr p p v ersonnel p DeeF+ to al (6) All wa (6) All l dFeSS lls Ee iRg +I+ y nom" fleeF shall be se s peels s lf Gie howe s' ? bat u FS F ? s stea m Fee ms aR d all eth , SiC w, nniliti I f ??,? es shall b ,? e in g - ? eed repa ir aR [ d m TT,? ? nintninni! AT7'Cr'ITQCF? in a GlGan - anrd s T anit - TZCTT?CI C[ aF y Gen T rditi en We t aRd - heat dr - - rnn mc ?m er n rcr gaper ree .r mc st rr c n m e ?cvTr -- er va arcT V Tr- eF GabiR ccrra ets r y ?? she P° Fe , rtm e?t$-rn?a l e t9-1- , shal s - ar l be - n v rep i pp ghl e `liR , e c aGh da t c b he ? ici n ess r c atinn ?Tiu n Bathtu r bs andsd sh y t eave sh all be y theFeu hl m a? a c?? nad after . W eaGh use h- eR W Gar e-ti? R t ?ed he fle g ets it sh y ll be ke t dr . (7) The i r remise s s s ? p hall be -- G e ui ed - with - , a seFVine - a tank fnr p y, GI isterdial p sery.-es -rcTCCT vc (8) The e ? ting o ? fe rTan r?? ed nr th q pp e GeRS iRg r c iRg of rvcr cr alGeheliG nv rnn s in the bath we* ni m a /9\ A aFeas ls e?C sha Gen ll Ret be t Ce peFmitted g E ye dog . s sh all nn t be r e mi t t ed in the T m?r ??? c bath we* n?, areas ccp c r-v ?? cm-?-r- c - r --? rr rr c[ mrr c rrmeRtS a whese us e shall tFi Gted- te- r--b athhe wse anrJ in s g a'additi Si ' Ah em ple ees aR d bath to hRiGF Lttl aiR$shall at all tim , es rdwring G ti, ReFinal we *ing h ew y s at th e athe1 u se Ge RG w ith a full epa ie GGveFiRg, t /i 1 \ All b - - - he sec ath seF ' al ViG er genit - es shall TG al parts-ef be e reorder - .7 , their er , bedies. Gamed - GR i n n ee q y werh are - a ? r? T rr? n rcrracr p rr r r rr rr v rr?c v vnra - nee reem? th ar es set t fe a a rivate baths_e t XGe tha , t if male b any-! femal - atK e -- is O are t6 - - r p be SeF1Fe --- p d si m - b i) p ly t wo , separate r.TTTC r r were areas pu sh all Tr? cTr? et a c art fer ma TT a ? le aR T a T d female , c atr w ? s ?cpcr rcccc Ne bath i p p . G?? that nt readi ly visible a t t imes -frem an y pla ne the same w (12) e kl e* ar sexual ea. nr g e netal pf arts o pa tfei s shall R be G eye rer d at all r n r v -- gc -T „ ?ci rc? ?r p cc - ?„un-- r?c v-cc rca --ar-rr er ether si milar fi ill y epa ie materia ls wh ile the pre sea Ge ef aR q ? SeG. 9.24. Unlawful u-Gt (1) it be Wnlawful f nr an y b ath tee GhRiiG aR a atrGn er ether ee a b p n i n e to nry'n athhe1 is ' lane hi ? s hanrd , s 61pnn tG tG-« y ep Gh with any-part of his p- r r r r r a cc u?? ?v " k-A to fnnrdle in aR y man p cc h' ? `" rn ner nr t ?? o mass , age nr bathe ?r a sex ial nr genital part y, of arn-any bath teGhRiGiaR, em 2) it shall be 6 inlawful f ple yee, nr an y b patron ath te er ether perso GhRiGi aR e n err ether atrGn ee ( , t o y ep thereef to aR ether bath t eGhRFGFa emp R le yee patrGn err ether eFSGR it sn ari y , , D s p . Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 7 of 60 alse be A AnlawfA AI fnr aR te?Rn em le ? ?y y er et „ h eT y the a bathhewse-te e?C?e the - sex 1al er p geRital y ? ? T , N ` "! parts er aRy PnrtciGR tirhereef efr > > . ) it shall be A RlawfA AI fnr aR bath e GhRn n ra n nn nr nteF y ? , peFseR while in the r FeseRGe_ef n bath c e GhRn ? n metre in a bathheA sew te ?l??Re+° x ?th a f?illy epa qua nn?inrinn? f SIA he se al er °eRital n°rt eFSGn'c -be the sexual ? ?- - 4 ures rrs t a g v rn p y, ) all be A Anla wfA AI fnr aR n e er managing a r tiR ° a y p g e c r bthheA se_te kRE)WiR gly GaA Ase alllerpe t in er abeA At sA AGh thheA A i perferm sA raAGh aG$ a ?-rvrrrr -a - seetiven vc-ccrrr. s s are nrehibitercc d im n sA AbseGtinn?s cr-?a?vc (1), 7\ and /4\ of th /? ? s it shall be A RlawfA AI fnr aR r'TGTte establish eF e e Fatn a bath e ise `?thiR p y pG GUFFeRt eFRqit issued wsuaRt te t e r his divisieR , p p , GG'.',(?pat GenRse rnq- the ir by C aptrcr 29, aTttGle 11. en D.tea Cam??e__AppliCarfiven•r f a?.32- rr?ee. ferms revided fer that ur ese Ea Gh bathhewse shall re uire a se arate ermit p p p . q p p . nrl% r °vGribeed i -iR a ' --A - - s lus a banal $25 00 fnr eaGh- as Cede p e t carr p rA tG Ly li p . b ens shall be the n ° eteF fA Arnish b liGaRt at the time_ef eAeha y C p c , appliGatieR? y pp (1) Name, ni-dFess me address (2\ nla -- aRd tnlephnnn R A hene e Rd tel - a mbeF of applin ni Amber of t ant• e tine of n-a he I to rP ?? r-, bathheA Asn• c /4\ WFittnn preef th /A\ TWG free Ee - p ??? at the applina Rt is O-K?raE?- ?6-? - ? at least 18 de an ? the Q ? ars of age; nliEa nt at least g ain j-A gain innhes inehes b ? taken Within 30 d - ap a s of date o rr ?crr? f a Iinatinn• cvv c y /5\ Gh araet erF?a?Fe- rl - 9Wi y ?e?l-F ef t pp- ne i he h si se t? e ?. T rrcircccc ? rr ?r c? , r. ?, ., names aRd address /C.\ D ete ?S -- es of aRy aRd all ee names aRd the _eWners• resinle?F ne ad - s dresses of all b - ath "" ' ' 'h r?" TvT tenhninians aRd emn leyees of the bath cc c[c heA Ase- rarc??. r vr n r ?crr 7 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 8 of 60 affidavit stati G61 he bb6l- m°-- -G atinn nrefessieRGF Pin g t ? , - e4:Rp!E)yme_t hitter i of the ppli aRt fer the th p , ree dears immnrJi?tnl?i nreGei-Iine the date of annlinatien• e (8) An affidavit s full hivst6i"? y o v, f an?i C? mincca) cGenYnn t°TT" ?t-1-Kt e ??}l the -rr?n--ccrr?lrrnnrvrro-rctf6i?.r, eX idiRg misde tFaffiG elates, ef. the annlieaR aCT, n[Rd ef-eGGh Ge_nev-v?"vv Rer. te The li?'.e??se c if the y re iss{- cn-n inn nermitr , shall i-rn?ies acc ?--iTC-rr-rr nr??sne c?'.?B-r o?r(-r?nurrncc??u aappllir atinn far a ha e6 ise permit the n6 irnese of deteFMNRNRg whether the bathhewse Gemnlies with the r?rn?iisinns of this Gh aster satisfied from his i iGeRse iRs eGter is full mvc?t?u if the t? at the - i - -- p y ba e ise is in GeRfermit with the Feyisinns of this ebu^ teF he - shall Uoles - y p rs , , batb"t4'?ucr he'se. h If the liF eFt9-r fiRGIS t RS2 S tk}G? -lid- ' bath, t a e6 ise far whi nh a ermit t was s iss? ied l? - - - - ' - ' p tt? rr rT , ?utFt , rv a?cr m rn cr?cTr a ccr tc a v c p ? ??v GtGF the ri ht te immediate eRtF tG the remises the IiGeRse iRs eGtGF shall ...-,- g y p p , shall bhTd delivered to he e a e6 ise and nest eR the maiR i t s aRd ann e emise tk}e i?-tKai?Ee - t9 - the - ? - - CtY-- rd F C?l e all be served nn the e? ccrr? ? ccrrcr c? ? ni nian bath teh eFmittee ? rcr e r e SU+h eFde?hall set forth the r 'rr rrn-[rr p -, c c reasons f ar s6isn n Ne n ersen s -' r -cr ?rcr Q hall enerat st in the e erati en o f e r e e?ssi - ' rcccJV rv n? r?a?? rovrr? c p pcrcrc? .7 r nurr rr rrr crcrcrrrr v v v v ra Gent nn a rrri resume nne tEeR S e?C tte n eFder o f r ne nse emet b the li e3i'? stat ?l i rcr r vpc - c ..,-V° cn r crr rr?c --vrcrcr-rr r-r? rr c[ v- y c c F= aGh bathheuse permit issued pwsuaRt te this divisieR shall expire eR the rnrexti--stdEc$ September 40, UnIess see ReF susp^eRdead.. ^A permit -lssu^ca-^eR err after April 1 may be isswee far one-half the fee ethenniise appliGGabblle. en irercal, ppliCartiverrsr issuance pin-wrratier? a?. D.v-37r Bath r f ceC-?IflF C-Fa? ?e ? r?-r r- ap?rrr-rrrasrrrc? e?fprvrr. Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 9 of 60 (aa) Make apr,.?,li? attiGRter?rte the GG61pa inliGeRse iRspeGtnr nn ferms ` evaded -FVF SaGh purpese G°Gh bath eeGhTrz?pei ii as pppli atiashlballbe_naGGemN`p? ef? lRdable fan as pr°s?aed it-iR ap ndicrrarr-A -r?tB this Cede In additiGR -t aRy GLt+t?er i nfnrTma inRVi- hi h may be required tH by the liGeRse eGt8-r, the Lttl. felleWing shall annempaRy eanh applinatien• i Written preef t hat the applinant is at least 18 dears of a e psi of aGG6l 2 ealtG+eFGate isswed Rt within the 30 g ; da s . %m m iat i prec y inn he date - appli atinR eXcn y nt as pFeyii-ed i`^'s?ibsn SweFn notarize t ntinn (2) of this snntinn• e d affidavit stating the appli , nant'S full hist P? eF of d. nn n- Gr in"f% Rai eRVinti RgNs eRs e)(GI6ldiR demeannr y traffin a ?„n, l ?VielativnGTns v??ct-rrs TWG front 4 ti g traF raphs of th e applic-a , at least . „ the date of applina tinn R i (b) A a m alte ve o the heal h Ge e Fe a u r ubsentinn s -C -' G tt (a )2 ef this seGtiGR t all t G eFSG^is Who desir t q e to erff ' erm the seeFViG c n f a , bath teGhRiGaR at a bathh°1 se shall p first Ma ? il TC a? ex miRa ($R ta i TVia mm' eus-ar}dnn a le dis - vnTGh? eases ar ar ide reee i g - cvrmrr h s far s e -, ilis aRd r , ? immine ac •iFed g defiGi nrreme a yp t st SlATtlAe far gnnnrrh - ea a nhe - G" stX-ra Whinh is to y health depa GGIARt e at anr d sL iGh ether - -- laberate r rd e ne in a - tests - rtrcr y G rrc tea ar T r ? y rrr , v rrc a ReGessit-ated-b the a_ b tien a eve exa?a Rd shalll f sn t G the-Gil y , li a a r?le ce ?e a t a a , nertifi as Ea t y yen n 4(1 thl issued rr cr - pcc Gf Sdeb exa m da r?c Rat r ccrtm - h Re b SiG n d ca- wr rr-cv il liGeRJ b the i ya a ad statin state e r at ray a p er the sn n ami n y edis e} y y t r free from an!i - g g GGRta?us GF GG m m ' 1e i p ? t r r T '?TGa? e dNseQee murrzcat in ef cvm vrm aRy of sL inh disease rr Irr r s to ethers rrt t g n\ If the EFEeR is f? ila tisfied tha t the bath tenhninian ( a - "? as pp liGatin?T nnnfnrmit Feyisinns of with th trr-tccnrrrcn-trr this seGtinn he shall p r y p see+tin3Qijswe a WRIeess pr ehr? bt b ermit awtheFiZiR the r r y p ath to i ni a n rerantFEe b of his seFYi(?es Ghn the bath b g Ca yen n the ?Fl C?l Ft i prac rr c? n -r-rr-rTn??crcr y u tc c v erm irswwant seGtiGR shall it issw yy- ? vr r r- - -?a ex ire GR the aext p p ?r eptember 30 ? rolesS seene me S inEe ?F? p nded /? pe r mi t a c-rrrc ?vrn? c?tG , ?pc be isswec far nne_h eR err after April 1 ma r pc m rr rrcrcc??,l? ? r - alf ee-tithe N;se y applies titl , Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 10 of 60 /a\ valirJ Trent p!ihlin heal rrJ is rsnn• anrJ \ A va1id, 61 rru°-Rt permit isswed tG- SUGh peFSGR a it co-this sentiven vc-ccrrr. dew9..8vv. NetifiGatizron of Gt angev, updating annli Gabon infermatie m. (1 1) v bathhewse er mittee shell er re nm i°cel to the I ise Se T E „s eet y and all er an r p Gh SGf GW p y Rersgip er mana emeRt ef th r s e bath p b? i c? y s innl6ldinn b6 i t not limited to n g hannnc of m-An-annr er ether nrcnn m a `'FiRGi ll i R(h°r e e St e C4ielderE I' m ' ? vre teR eFGeRt of th p e tGGk p eft(? y r r g ; GeF A F AtiA R e ia FG' dNFeGteFs a eFs 9 ?r titi trr p aR aRd all haR Rd KteFs cs e, name c rp - - - ; hile er rdesinna . , - y ; p b6 ici ness o be nenrl6 int is s t - g erd• ap - , a`?' d all ?? nu Gha es eF Fa feFs of babe R m r?cvrrcrcrcc a? c?v cv d Nn the b em le y ccr arr? uciness rr - whethe g t r -bem le me s Rt -GINSGh°P e-er p } a hesniise o Y ?a iGR er e nd an!i GhaRge p y s in the infnrmn rg , tinn rem iirerd by s ; cr t t , t entinn 32 aR o a` d all GhaR es f le Rgent wh e e r bpi emple R t#c? gent rdisc? erne e F y ? ? g y ?r r, - rT ' y -? -??,?-r -r rr?,- a,? u ,? - terming the n ame and address eft the Termer em pi•eye r, if anyi and the name aRd ardrdr°se mi-Ltitr--ReweRgpl i i eyer if aRyi if t htr--rt w e Rqpleyef eperates-a bathhvwse Fe uiFed b seGtieR 9 37-- t y, en t lid-Lte G W d °ny +haRges- irrti-e in-mTf °rrrrraciv?nr q y . . p er mit fee has RE A t been teRdered he nerrent (a to the fi't' n -i - -t1 ? rrr ?cvrrcc Tr ???ccrrccrrac r ct pc am y v ? r c ,? `. .ise'-?GheGk e? nevi eFdeF, h,ee Fe,. ? l--w ' i' payRqeRt pee e /b\ Re rdinn a ba m ice pert rati repes bpi the e e - g i , p e ti Fl:. i appliGant, if perm tted, WG 11 ?T TT d net GGMPIY with the r?rn?iisiGRS of th s GhapteF; (e) The appliGaRt, if an iRdiyidual, csnr ai--rniy of the _eWReFs,, if applicant is net a`^' iRdivid ia) has been Ge RVieterd of aRyi 1 F R iRye' ii nn f d raud eeeit nrff R 'Vi I y . WRIess tur itude , ,, emi Sa h " , c 1° R GGGYrred at least s+ ree ears p , prier to the date o G c f the applic cr v ation nr has b tti y een cnnVicterd of an?i effeRse iRVGI jinn sexual e RGt with er MiRGFS residiR in a he is e of ill fam e selinitatieR r , of a lewd nr Unlawf i g aaGt - FeetN tetN E)R ande er Wn1eseS ring aGh GGRVTCtiGR has . ,, p . p , 10 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 11 of 60 9E 61rred at least three years prier te appnGa ' fnr permits a Rd the applicant has had ne s ibseq rent nnnVintinnc• er false miss has I/r1e Widely made aR (d) he l n 'ne e y T iGTl i'Tr p frawdalr eRt statement ?-tt}e permi(-e?- Y the pit in eeni6 inntinn herewith rdee61ment re uired b y q y li aRt has had a bath (e) The a - b6 iciness bath te hn i nian er her -- e - s p ? ? ? rr ? c i , crr cc rr Q t rn. [rr r c , v yim%perm t GF liGe se deRied,r abeve- a se the ?y n e eieec er-?asp eeRd ther state nr heel ec fnr any of the agennY within fide ear" prier to the date of annlieatie n• er y e (f) The applieaRt, if nn iRdivid inl, er nf the?nnWTeFs-4 tl::Ie annlieant i" net nn not ever the age of 18 yeaF+ (2) The l"GeRse iRSP reacenc in cr?en.11. v the martialfiler gFEAinrdc fnr denial enicinn aRd 2) The erder ef eRel6 i rive er shall be final aRd c the EFt maRa ( Q 61RI ? y g v , it the G, eFdeF ef m files e fekh the a Rds of e Rt se a wFi[r' R state tR y - eal fromttlhe denicin a i , n er en riT g l G t der of the pit manes ith the pit nlerk 1 1 9- pp the y - y - - iG Re e of SU heaFiR e m m At SUGh hear ellan FiR .- t the Git . I CI'i 7t . g - ttrti"F -' y -GT 'Rll g, TTT 7 . GTI - - henr%e efeFe ether matter the a . . e? l awnt ma te - -t seR e n rvrn6lRdS of a The a d ?e? t# c e+s+o eal - - -- pp ? ? y aRd errd eFefti+G e ? emm ic+ rv pp . c a, ?? v, ?? ,? i i +h fit nn nn S eal all be final aRd s e a rcr 'rn-ra- v y c G/lnell isiye vrr? mm r crr r-vrr -r N ..ra pp 11 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 12 of 60 ? Ne b? r?cctFtl?v aas nr bath t° hnrri n permit shall b° tr nrnbl°, a Rd 661 rvv---?e ? vi--r?ucrrcc r ?rrpcrRrrr?nun--r?? ?. - th° n ° nnr°nt wh F n nm e adMiniste S far F massa es m ti n e ?ei? Si? ye n n t ?Fl l l sha he ? crp?rc ? ? ' at rr' -al r 5-c° r - rvcv g , rT- ? uireontc of F "c i+ With the m rp - r rrrr c v C h 4 w-- ° av -r r r s ma b y y ?nu r -r e ame ded r ?r from t- Fri}e t9 -- . ttr q n time aRd the rules Iles aRd re ?}1 - . . -r c ll?t?6 f i?-S o i y ?}L c the stat ta-t e beard of ?? ? ? ? m ? ?? ? shall ebt ` iR aR atiGRal l iceRse GGG61 ursuaRt r i TaFtiGI t r p p cr Section 4. Chapter 25. Public Transportation Carriers, Article 11, 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 QGGq^°tiepal Geps° means the written authority granted by the business tax receipt division pursuant to this article to engage in a taxicab business in the city. Business tax receipt n°°qnntinnnl liGeps division means that agency of the city responsible for issuing business tax receipts °^^I p ti°nal "GeRses, 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 °^^61p ti°nal rGeRse 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. 12 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 13 of 60 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 aR nnn61p tinn°l linonco from the business tax GG61p ti^nal rGeRse 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 GG61p ti^nal rGeRse 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 . 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 eGGupatieRa4 IiGeRse 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 applicant must provide information on a form provided by the business tax Gnnl p tinn°l linonco 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; 13 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 14 of 60 (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 ^^^61p tinnal Iinonco holders. (3) If the applicant for a business tax receipt aR GGG61p ti^n°I IiGeRS9 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 application, the business tax receipt ^^^61p ti^n°I IiGeRse 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 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 eec-u ti^n°I IiGeRse 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 ^^^61p tieR l Iinonco 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 division will be given to the applicant setting forth the reason for the refusal of such business tax receipt IiGeRse and informing the applicant of his appellate rights pursuant to chapter 29. Sec. 25.056. Transfer. No business tax receipt IiGeRse 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 issued by the city. (2) Due cause for the revocation or suspension of an business tax receipt shall include but shall not be limited to the following: 14 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 15 of 60 (a) Obtaining an business tax receipt GG61pati8n, ral IiGeRse 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 ^^^61p tiGRal rGeRses 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 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 ^^^61p tiGRa liGeRse, no application for a44 business tax receipt ^^^61patiGn°' IiGeRse 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 ^^^61p tinnal liGeRse division of an application for a taxicab company business tax receipt and the issuance of such receipt IiGeRse 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: 15 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 16 of 60 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 QGGgn°tiepal Geps° means the written authority granted by the business tax receipt division pursuant to this article to engage in the public conveyance business in the city. Business tax receipt QGGgn°tiepal Geps° division means that agency of the city responsible for issuing business tax receipts GGGgpOt1epal Geps° 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 GGGgpOt1epal Geps° 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 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 liGeRsed to provide public conveyance service in the city shall, by September 30 QEteber 1 of each year, submit to the business tax receipt GGGgpOt1epal Geps° division the following information: 16 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 17 of 60 (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 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 nnnqnotiepal lin°nce division. Upon filing such grant of approval from the state with the business tax 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. 17 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 18 of 60 Sec. 25.173. Same--By chief of police. Upon approval by the business tax receipt nnnqnotiepal Gepso division of an application for a public conveyance company a-4 business tax receipt n^^Unotinnol AGepse and the issuance of such business tax receipt Geps 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 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 3-201 C. 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 GGGulpational iGens Tax Receipts Sec. 29.21. Certificates or examinations required. No business tax receipt nGG61p tiGRal ' iGeRse 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 18 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 19 of 60 manager proof of having the certificate or of having passed the examination. Sec. 29.22. Reserved agents. nnmpaRy fnr which he is nntin_ Sec. 29.23. Reserved Business of providing future Gensumer services rcnn °rrhiiRi fr'- 'R GG 61 at )iGc °e iR the-G1t to e AR er e i -R the R a g r r c p crrs Y P g g yc n d i n a d d i t i revid i n this a vrt n a °- m R t ' -a R er-r° aTr e t at to time of r g Y r rr r p [ r [v tit cp ? QFdiRaRGe Ne 7 7 liGa nn with GG int a 1 1 irJinrv Y . r pp eyideRGe of aR liGeRse nbtal pe d °nrd °n bnnrd nr affidavit revi ded Y l p y 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 QGG qnntinnnl l iGeps 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 C)GG p tiGRal . ir+er'ses_ 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 conductinq 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. 19 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 20 of 60 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 ''- ?, their businesses records, by any city staff effv iGiai 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 IiGeRG 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-I+EeRse is required; (b) Those for which a business tax receipt I+EeRse was issued and which, at the time of inspection, are operating under such business tax receipt lease; (c) Those for which a business tax receipt-4G9Pse has been revoked or 20 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 21 of 60 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 GeRt`al permittiRg 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. Awn 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. LIJ 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 a-t-business tax receipt QGG p tinnn) L iGeRs„s for that business. (2) Any principal business that utilizes or requires anv 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 IiGeRse purposes, the city manager shall decide the proper classification, but the applicant has the right to appeal this decision to the C--City ^^mmiccinn Manager whose decision shall be final. 21 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 22 of 60 Sec. 29.30. Business Tax Receipt'' i@ 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 IiGeRse for each location and pay the appropriate fee as prescribed in Appendix A of this Code. Such business tax receipt IiGeRse shall be signed by the director of the department GeRtral permittiRg 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-I+EeRse 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 (lnn61p tinnal ' iGe Rses (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 -'imc? of that municipality or other governmental subdivision in which they maintain a permanent business location, or if no business tax receipt IiGeRse 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 QGteber (4) The burden of securing a business tax receipt n C)GG 1p tinn°l I iGeRS 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 44 GGG p tiGRal ' iGeRs„s shall be required for each business. (6) Accessory uses, as defined by this article, shall be exempt from business tax receipt nGG61p tiGRal iGeRses 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. 22 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 23 of 60 (1) A business tax receipt IiGeRse 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 QGG p tinn°l I iGeRs 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 la-Rd development code, section 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 Ceity Manager GGMMiccinn 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 IiGeRse 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 shall issue a business tax receipt eRse-or notify the applicant in writing setting forth the grounds for the city's refusal to issue a business tax receipt "GeRse. The applicant shall have the right of appeal as specified in section 29.44. Sec. 29.32. Single business tax receipt dense for more than one business tax receipt dense. In all cases where the same person or corporation must obtain more than one business tax receipt IiGeRse for the business operated at the same location, that person or corporation may be issued a single dense business tax receipt describing the various business tax receipt IiGeRse categories represented by such certificate. In such a case the amount paid for the business tax receipt dense shall be the 23 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 24 of 60 same as if individual certificates are issued. This section shall serve only to permit the city to consolidate the separate business tax receipt IiGeRse into one certificate. Sec. 29.33. Duplicate Business Tax Receipts dense issuance. Duplicate business IiGeRse tax receipts may be issued by the director ma+ K. An administrative fee as prescribed in appendix A to this Code will be assessed for each duplicate business tax receipt dense issued. Sec. 29.34. Applicability to certain professions. The required tax in section Appendix A-29458-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 44 n^^61patiGRal L iGeRses unless exempt by law, ordinance or statute. Sec. 29.36. Business Tax receipts ' ire required for each lease department. Every person operating what is commonly known as a lease department in any store shall pay a business tax dense fae 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 nameLa446 address and telephone number of the business in which such truck or other vehicle is used. Such information shall be displayed p on both 24 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 25 of 60 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 ' is issued by the city may be transferred with the approval of the director of the department subject, however, to the following conditions: (a) All business tax receipts eRse 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 "GeRse. (b) Upon written request and presentation of the original business tax receipt "GeRse, any business tax receipt IiGeRse 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 zonin & laRd use ^°Ftifi^a+° as required by the community development code and the required building and fire inspections have been accomplished. (c) Where the taxpayer'i-tee has been exempted from payment of all or any part of the business IiGeRse tax therefore, any such business tax receipt IiGeRse 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^^, iron+ GRa] ?°^ (2) Within 30 days from the date the applicant submits the request, the director of the department n19FMi+tiRg shall transfer the business tax receipt IiGeRse or notify the applicant in writing setting forth the grounds for the city's refusal to transfer the business tax receipt "GeRse. 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 ii^, any business tax receipt IiGeRse may be reviewed to determine if all applicable 25 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 26 of 60 provisions of this article, state, county, city and/or federal laws, ordinances, rules and regulations have been complied with, by the taxpayer 4i=c?e. (2) When the taxpayer lic ee 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 GeRtral permuting may deny the re- issuance of the business tax receipt IiGeRse only after complying with the requirements contained in section 29.41 of the Code. Sec. 29.40. Delin ' uent Ppenalties. (1) All business IiGeRse taxes imposed by this article shall be due and payable on September 30 n^tv tebeeF 1 of each year and shall expire on September 30 of the succeeding year. Those business tax receipts times not renewed by September 30 n^tv tebe°r 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-GGde eefGFeeReRt GffieeF, GGGUpatiGRal Reeese_or a law enforcement officer to make affidavit of „iel ti^ request fT aRd tGcause 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 IiGeRse 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 GeRtral permuting may revoke any business tax receipt IiGeRse granted pursuant to this article for cause, and may deny the re-issuance of a business tax receipt IiGeRse to an established business for cause. For the purpose of this section, "cause" exists when the taxpayer '-Rsee commits or permits any of the following violations: (a) The taxpayer i maintains or allows a nuisance to be maintained at the business'?ed premises. As used in this subsection, the term "nuisance" shall mean engaging in any activity or permitting any activity on the business lieeesed 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; 26 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 27 of 60 (b) The taxpayer '-Rsee engages in or permits disorderly or immoral conduct on the business'ia premises; (c) The taxpayer liGeRsee 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 '-wed premises where the music is being played or performed in violation of any state law, or local ordinance; (d) The taxpayer ii^? commits or permits within the permit year the same violation of the Code on the business, 'i?a premises three or more times; (e) The taxpayer ?-'i tee has violated on the premises any county ordinance, state or federal statute or rule or regulation pertaining to the activity which has been business'ia pursuant to this article; (f) The taxpayer 'i-e fails to secure and maintain adequate offstreet parking facilities for use by patrons of the business premises; (g) The taxpayer 'ic-? to comply with the fire prevention ordinances of the city, after reasonable notice has been given to the taxpaver a+eeRsee to eliminate or correct any condition in violation of such ordinances on the business, 'i?a premises; (h) The taxpayer4ic?e fails to maintain a safe building or system on the business "GeRsed premises in accordance with section 47.161 of the Code after reasonable notice has been given to the taxpaver liGeesee 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-4Ge4s-e, the director of the department GeRtral permittiRg shall issue the taxpayer'-GeRsee a written warning requesting the taxpayer4imc?e to eliminate the violation within 30 days from receipt of the warning and notifying the taxpayer '-?2e of the city's intent to revoke or deny the re-issuance of the business tax receipt i=cy if the violation is not corrected. If the business '-Rsee willfully fails to eliminate the violation or if the taxpayer lieensee permits the violation to reoccur within 90 days from the date of the taxpayer IiGeRsee's receipt of the warning, the director of the department shall issue another written warning notifying the taxpayer liGeRsee of the city's intent to revoke or deny the re- issuance of the business tax receipt IiGeRse if the violation is not corrected within 30 days from receipt of the second warning. If the taxi) aver '-wee willfully fails to eliminate the violation or if the taxpayer '-m? permits the violation to reoccur within one year from the date of the taxpayer IiGeRsee's receipt of the second 27 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 28 of 60 warning, the director of the department GeRtr°' permittiRg shall issue the taxpayer IiGeRS a written notice setting forth the grounds for the city's intent to revoke or deny the re-issuance of the business tax receipt-"GeRse. Within ten calendar days from the date the director of the department GeRtr°' permittiRg notifies the taxpayer IiGeRS of the city's intent to revoke the business tax receipt IiGeRse or deny the re- issuance of the business tax receipt IiGeRse for cause, the business tax receipt liGeRse shall be automatically revoked or nonrenewable, unless the taxpayer IiGeRS 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 IiGeRS 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 liGeRsee 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 a+eeRsee 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 '-tee or any who has had a business tax receipt 44 GGG p tinnn) ' i,,eRses revoked or has had the issuance or renewal of the business tax receipt "GeRse denied pursuant to subsection (2) of this section, shall not be eligible to submit an application for another business tax receipt liGeRse to conduct another business in the city until one year has expired from the date the business tax receipt IiGeRse 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 'i-=c?e who has had a business tax receipt -R GGG p tinnn) ' i,,eRses revoked or has had the renewal of the business tax receipt IiGeRse 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 IiGeRse to conduct another business protected by the First Amendment at a different location subject to further review to determine the taxpayer 'iGeRS is compliance with applicable laws, statutes and the issuance requirements of section 29.31. 28 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 29 of 60 (5) The director of the department GeRtral permittiRg shall not issue a business tax receipt n (lnn6 ir,-tinnal I iGeRS 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, 41.585 o-F 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 29 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 30 of 60 receipt n QGG 1p tinnaI I iGeR pursuant to this subparagraph may not apply for a business tax receipt I+EeRse 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 GeRtFal , 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 GeRtral permittiR 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 GeRtr°I permittiRg 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 dense. and emergency issuance of business tax receipts (1) The director ^f GeRtral peFMittiRg shall issue a provisional business tax 30 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 31 of 60 receipt "GeRse, 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-ie the applicant has satisfied all other business tax receipt lieeesiRg requirements except for completion of the police investigation and provided as leRg 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 lease shall have the character of a regularly issued business tax receipt lime for the classification or sub-classification involved. A provisional business tax receipt I+Eease shall be no less effective than a regular business tax receipt lease, except that such business tax receipt IiGeRse shall be considered void ab initio upon receipt by the director ^f GeRtral permittiRg 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 aR nnn61p tinnal liGeRse pursuant to the requirements contained in section 29.41(5), the city manager or his/her designee direEtGF ^f GeRtral permittiRg shall notify the applicant of the denial within 30 days of the receipt of the investigative report. The city manager or his/her designee direGtnr of GeRtral permittiRg 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 GGG p tiGRal I i,,eRses 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 31 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 32 of 60 or nature of the business is changed. Sec. 29.44. Appeals. Any applicant or IiGeRsee taxpayer who has been denied the issuance or transfer of a business tax receipt n QGG p tinn°l I iGeRS 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 IiGeRsee of the city's decision to deny the issuance or transfer of a business tax receipt -R n,,GYp ti„nal I iGeRses, the applicant or taxpayer'-tee 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 i- 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 mc^ 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 4Gee-see 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 ' me no protection from prosecution for unlawful conduct of business. No business tax receipt IiGeRse 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 lin-e+nse; (2) Protect any merchant doing business with a greater stock in trade than covered by such business tax receipt IiGeRse; 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 "GeRse. Sec. 29.47. Regulatory fees for non city businesses. 32 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 33 of 60 Any business, occupation or profession that does business in the city that is not required to pay a business n ^^^61p ti^n rGeRse tax and for which regulation has not been preempted by the state or the county charter, shall pay a regulatory fee equal to the ^^^61^°ti^n rGeRse 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 IiGeRse 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 Ehapter 2, arRGle "' o 9, or may be cited by an inspector or law enforcement officer n ^^d^ ^^f^r^^m^r t ^ffi^^r 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 IiGeRse 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 IiGeRse from the city to do so shall be liable to the city for the amount of such business,-I+EeRse tax, administrative fee and penalty recoverable in any court of competent jurisdiction. Sec. 29.51. Reserved Sec. 29.52. Payment of fees prerequisite to issuance of business tax receipt "Dense. It is the intent of the city to grant valid business tax receipts n^^Upati^ i eR only to those applicants who have fully and faithfully paid the required fees 33 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 34 of 60 as established in the schedule of fees in Appendix A in this Code. No business tax receipt IiGeRse 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 n^^61patien°' ' iGeRses issued to any applicant whose payment is subsequently dishonored shall be void ab initio. Sec. 29.53. Pro-ration. No business tax receipt IiGeRse shall be issued for more than one year. For each business tax receipt I+EeRse obtained between October 1 and March 30April 1, the full tax for one year shall be paid, and for each business tax receipt I'^ 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 IiGeRse 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 dense year for which the business tax receipt IiGeRse 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 IiGeRse 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 fieensee 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 IiGeRse fee, to be prorated for the balance of the business tax receipt IiGeRse year. Sec. 29.56. Rebate. No portion of any business n^^61patiGn°" iGeRses tax assessed in this article shall be rebated, unless it clearly appears that such business IiGeRse tax was collected by mistake or error. Before making such rebates to a taxpayer ncen-&?, all 34 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 35 of 60 amounts payable under a proper business tax receipt IiGeRse shall be paid by such 'i^e-taxpayer. Sec. 29.57. Failure of due notice. It shall be no defense for nonpayment of any business tax receipt4i-E? fee required by this article that the taxpayer a+eeRsee 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 ooeratina 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. 35 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 36 of 60 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 GGG patiGRal rGeRse 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 1. Adult Uses.......... CDA:3 II. Amusements.......... CDA:3 III. Animals.......... CDA:3 IV. Rathhe-us- s aRd Massage Establishments.......... CDA:3 V. Reserved.......... CDA:3 VI. Cemeteries.......... CDA:3 36 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 37 of 60 VII. Erosion and Siltation Control.......... CDAA VIII. Reserved.......... CDAA IX. Fire Department Training Facility.......... CDAA X. Library.......... CDAA XI. Parks, Beaches, Recreation.......... CDAA 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. T_Ax°+,,,., °^d- Gther Fees CDA:10 XXI. Traffic and Motor Vehicles.......... CDA:17 XXI I. Transportation Impact Fee.......... CDA:18 XXIII. Tree Protection.......... CDA:18 XXIV. Utilities--General Information and Deposits.......... CDA:18 37 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 38 of 60 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 Fees.......... CDA:55 Subject Amount XX. TM-ATION AND nTUER?FEES! RESERVED (1) QGGOr,nom]fi een (a) Regis c+?+iGn fee G nes Yfet maintaining ° permanent `' `J' i nrT? err by-sopess;(§ 29.30(3)) . . . 20-00 i"T /h\ 961pliGate fee (§ 79.44\ ... Ir0 v.00/ aRsf Ff 7944/i \ /7\\ n rrd We. 9-5 § 4 17 95; nrd. Ne. 6533 00, §1, 4 L20 00i XXVIII. BUSINESS 0rr1 ionTinNni i IC-E ? TAX FEES: TABLE INSET: Category No. Sub Cateaory Category Fee No. 001.000 ABSTRACT OR TITLE COMPANIEc mast.,..+,,. title GE)mpaRieS $243.00 002.000 ADMINISTRATIVE OFFICE A.dpA0p0, .Aflvp offmA "" 90.75 ADVERTISING OR MARKETING ^dvel iSiRg er MaFketiRg 003.000 002 019 003.010 Agency, general.......... 66.50 38 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 39 of 60 0080- 003.020 002 080- 003.030 908040- 003.040 908 050 003.050 0080- 003.070 908 080- 003.080 9080- 003.090 004.000 005.000 0050- 005.010 0050- 005.020 005080- 005.030 005040- 005.040 005.041 005.042 005050 005.050 005 060- 005.060 005070- 005.070 005 080- 005.080 005090 005.090 006.000 Coupon book publisher or distributor (See note B) Directory or guidebook publisher.......... Handbill or sample distributor.......... Soliciting for publication not listed in city.......... Reserved n„+,-°°r .,d,,p4mgmpo for nthpr thAp +"° "„g;°°cc °° the Welcome or greeting service Trade inducement business, NOC.......... + .+ ; + ADULT ENTERTAINMENT ESTABLISHMENT .AA-Hit (See note B; and C See Ghapter n' ni+i°i° V) AGENT OR AGENCY gent er ageRG Y (See also brokers): Book or magazine.......... Claim or collection (see note B).......... Credit reporting and mercantile.......... Employment, General Agency.......... Employment, Day Labor (See notes B and C) ......... Employment, Staff Leasing / Temporary Service .......... Manufacturers/sales representative, NOC.......... Private detective or company (See note -9 D).......... Property management or leasing.......... Talent (see note D).......... Travel (see note D).......... AIRCRAFT Airwaft (See note B; requires ERg'ReeFiRg Marine and Aviation Dept. approval): 121.25 121.25 66.50 54.25 60.50 133.50 1,215.25 54.25 133.50 78.75 78.75 78.75 78.75 54.25 133.50 66.50 78.75 90.75 39 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 40 of 60 008 006 010 Charter or rental (See note B; reauires Marine and Aviation Dept. 133.50 . approval).......... 0069- 020 006 Flying instruction (See note B, requires Marine and Aviation Dept. 133.50 . approval) .......... 000 980- 006 030 Passenger service (See note B, requires Marine and Aviation Dept. 133.50 . approval) .......... 006940 040 006 Sales, new or used (See note B, requires Marine and Aviation Dept. 133.50 . approval) .......... 008950 006.050 Servicing (See note B, requires Marine and Aviation Dept. approval).......... 133.50 006960- 006 060 Storage, field or hangar (See note B, requires Marine and Aviation Dept. 133.50 . approval) .......... 007 000 AIRPORT (See note B, Requires Marine and Aviation Dept. 273 25 . approval).......... . 008 000 ALARM SYSTEM MONITORING; Fire, Burglary, Medical Alarm system o 66 50 . f re h,,,^,ary, „m^,,;+^4Pg See note B . 009 000 AMBULANCE SERVICE ^mh„'°^^^ °^r ^^^ (See article III of chapter 66 50 . 25) . Plus each pe; vehicle.......... 24.00 010.000 ANIMALS s 018010- 010.010 Kennel/Boarding, Breeding (See note C).......... 66.50 048980- 010.030 Groomer.......... 54.25 011.000 APPRAISER Axis (See note D for real estate).......... 78.75 012.000 ARMORED CAR SERVICE ^Fm^.r^d^°" sew'Ae (See note .......... 66.50 Plus #e; each vehicle.......... 24.00 013.000 ARTIST,( includes graphic design) Arf+st .......... 90.75 014.000 AUCTIONEER ^-^rc Atioppcerr (See notes B and D).......... 267.00 014,019 014.010 Auction gallery (See notes B and D).......... 820.00 40 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 41 of 60 015.000 AUDITOR A-dots .......... 84.75 016.000 AUTOMOTIVE ^z: 018 0- 016.010 Dealership - Sale of new and used vehicles .......... 486.00 019 0- 016.020 Dealer - Sale of only used motor vehicles (See Note D).......... 364.50 019 020 Garage - General repairs or replacements (See note D), for 10 bays or 90 75 - 016.030 less.......... . 019021 _Plus Fie; each additional bay.......... 12.00 019040 - 016.040 Rental - Autos, trucks, recreational vehicles.......... 182.00 01 A 0 016.050 Parking lot, permanent or temporary (See note Q 81 A 951- 016.051 1--10 spaces.......... 30.00 819a: 016.052 11--50 spaces.......... 42.25 816 952 016.053 Over 50 spaces.......... 90.75 019 090- 016.060 Storage 019 091- 016.061 1--50 spaces.......... 66.50 019 : 016.062 Over 50 spaces.......... 133.50 019070 016.070 Washing and polishing.......... 30.00 019 090- 016.080 Wrecker or towing service.......... 54.25 019090 - 016.090 Service station, per fuel pump.......... 30.00 017.000 BAIT DEALER 4a#-d^° -*.......... 42.25 018.000 BAKERY R esd , retail.......... 66.50 019 000 BANKS s(including savings and loan associations) for each bank 303 50 . location main or branch .......... . 019010 019.010 Automatic teller machines, each machine .......... 121.50 41 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 42 of 60 020.000 021 non BARTENDER RROYT, free lance.......... R.A.THHO URF Bathhouse (See Ghapter 9 diVi6i9^ 1 60.50 2000 - l179- 022 000 0:21 010 TeA-hP0A0°^ BEAUTY SALON/BARBER SHOP, NAIL SALON, TANNING SALON, (See n O 9- 48 25 . 9 Note D R^°„+„ sa'E) lbarber Sh9p Ra ! °°I^^ taRR . 0o0 Plus, fer each chair or booth (See R9te o).......... ^^+^ rn RO 4 M 12.00 2000 0 024 000 a oe, S (see BOATS AND BOAT TRAILER trailers: (includes 'et skis . and wave runners) 0- 023.010 Dealers.......... 121.50 0'0- 023.020 Repairs and service.......... 72.50 ? Rental (needs Marine and Aviation Dept approval) includes 42 25 023.030 iet skis and wave runners).......... . 822 940- 023.040 Storage.......... 90.75 ^'2 941 023.041 Washing and polishing.......... 30.00 BOAT, PASSENGER, each boat Beats p (needs 024.000 Marine and Aviation Dept approval) (includes charter, parasail and shuttle service : 0:24 919- 024.010 1--15 passengers.......... 48.25 0:24 0:20 024.020 16--25 passengers.......... 66.50 824,020 024.030 26--50 passengers.......... 78.75 0:24 949- 024.040 51--100 passengers.......... 90.75 024,959- 024.050 101--300 passengers.......... 121.50 024, 50- 024.060 Over 300 passengers.......... 243.00 025.000 BOOKKEEPING SERVICE 99911,11,eepiRg °^^^^^.......... 66.50 42 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 43 of 60 026.000 BROADCASTING. RADIO AND TELEVISION STATION OR STUDIO 027.000 BROKER Rrnkp , each ^'20- 027.010 Broker, mortgage (see note D).......... noon 027.020 Broker, merchandise.......... 9:27 930- 027.030 Broker, stocks, bonds, etc., dealer.......... 027 040 027.040 Broker, stocks, bonds, etc., individual not employed by a dealer holding a business tax receipt from the City of Clearwater.......... 8:27 950- 027.050 Broker, real estate (see note D).......... Pluses each sales associate itiep4 ° E)R .......... 028.000 BUSINESS ADVISORY SERVICE; R of^^°° "dyi6GF Y 69RAG9 NOC.......... 029.000 030.000 031.000 032.000 033.000 022010 033.010 933 9:20- 033.020 022020 033.030 933-940- 033.040 034.000 035.000 (Reserved) BUYERS CLUR6119 .......... CATERER Q#Pr^"r.......... CEMETERY/ CREMATORIUM QeFReteF)6/GF,,FAAt0Pi11F CLEANING, PRESSING AND DYEING GleaRiRg aRd dyeiR Plant.......... Branch/collection, each.......... 133.50 66.50 66.50 200.25 133.50 66.50 30.00 133.50 121.50 66.50 243.00 212.25 66.50 Self service coin operated or hand laundry.......... 78.75 Plus, pe; each machine.......... 1.10 Carpet cleaning ep-site.......... 66.50 COIN AND/OR STAMP DEALER (see note 66 50 B).......... . COMMERCIAL RECREATION / ENTERTAINMENTS 486.00 43 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 44 of 60 ,NOC 00- 035.010 Dealer or lessor of amusement machines.......... 133.50 005 020- 035.020 Miniature golf.......... 66.50 035 030- 035.030 Per Amusement gamed machined or ride (eXG'6 id'Rg Beale; each.......... 40.25 005 040- 035.040 Entertainer (each) (see note B).......... 66.50 005 050- 035.050 Skating rink, shuffleboard, archery range or golf course.......... 133.50 005 060- 035.060 Billiard parlor, first table.......... 84.75 Plus, each additional table.......... 12.00 0050- 035.070 (Reserved) 005 080- 035.080 Theaters, with Gip 1 to 150 seats.......... 303.50 005 081- 035.081 Theaters, with 150 151 or more seats.......... 668.25 006 000- CONSULTANT Btt, NOC.......... 90.75 037.000 CONTRACTORS Bsptasters, general construction: 027010- 037.010 Class "A" general (see note D).......... 303.50 02 0:20 037.020 Class "B" building (see note D).......... 212.25 027 000 037.030 Class "C" residential (see note D).......... 121.50 038 000 CONTRACTORS OR SUBCONTRACTORS . (not general) 008 010- 038.010 Acoustics.......... 66.50 008 0:20- 038.020 Air conditioning Gt6F, Class A (See note D).......... 182.00 008 0:21- 038.021 Air conditioning G9Rtrast9F, Class B (See note D).......... 121.50 ,,,: 038.022 Air conditioning stsF, Class C (See note D).......... 84.75 038 030- 038.030 Alarm S„°*^m° GpeGi Contractor (See note D).......... 66.50 44 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 45 of 60 029 940- 038.040 Aluminum Speciality Structure (See note D).......... 66.50 038.045 Asbestos, (See Note D) 66.50 028 050 038.050 Awning, shades and blinds.......... 54.00 028 960 038.060 Boiler.......... 66.50 038.070 90- Carpentry Specialty(See note D).......... 66.50 029 980- 038.080 Cabinet (See note D).......... 66.50 029 990 038.090 Communication systems specialty (See note D) .......... 66.50 029 480- 038.100 Demolition, building (See note D).......... 66.50 038.110 029 110 Dredging.......... 66.50 029 120- 038.120 Drywall (see note D).......... 66.50 838 120 038.130 Electrical (see note D).......... 182.00 828 140- 038.140 Excavating, including filling, grading, and land clearing 9, 9 9, 9 9, •••••••••• 66.50 838 din 038.150 Elevator (See note D).......... 66.50 838 190 038.160 Exterminator (See note D).......... 66.50 838 170 038.170 Fence erection (See note D).......... 66.50 038.175 Finish Carpentry (See Note D) ......... 66.50 828 180- 038.180 Fire sprinkler system, building (See note D).......... 66.50 038.181 Fire suppression (See Note D) ......... 66.50 838 190 038.190 Flat work masonry specialty (See note D).......... 66.50 029 0 038.200 Floor covering, laying carpet / vinyl, °°^?iRg f' -A+P . 66.50 029 210- 038.210 Gas, natural (See note D).......... 66.50 020 038.220 Gas, liquid petroleum (See note D).......... 66.50 038.230 029:22 Garage door and operator installation) (See: Shutter and 9 fin 0- opening protectiyes).......... 9 45 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 46 of 60 029 240- 038.240 Glass and glazing (See note D).......... 66.50 028 250 038.250 Gunite and sandblasting 66.50 028 280 - 038.260 Hauling, trucking or moving 9, 9 •••••••••• 66.50 028270 038.270 House moving (FDOT).......... 66.50 028 280- 038.280 Installation, NOC.......... 66.50 028 290 038.290 Insulation.......... 66.50 838 200 038.300 Irrigation systems specialty (See note D).......... 66.50 838 310- 038.310 Janitorial service.......... 66.50 029 320- 038.320 Landscaping/tree surgery.......... 66.50 838 330- 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) 66.50 029 340- 038.340 Low voltage systems specialty (See note D).......... 66.50 029 550- 038.350 Maintenance work (NOC).......... 66.50 838 360- 038.360 Marble setting includes tile (See note D).......... 66.50 029 270- 038.370 Marine specialty (See note D).......... 66.50 029 380- 038.380 Mechanical contractor (See note D).......... 182.00 038.390 029290 Mobile home SeWp y installer (See note D, Dept of Highway Safety & 66 50 Motor Vehicles).......... . 029 400- 038.400 Ornamental iron work.......... 66.50 029 410- 038.410 Painting - including paperhanging (See note D).......... 66.50 038.420 029 ? Paperhanging (only).......... 66.50 029 480- 038.430 Partitions, movable.......... 66.50 029 440- 038.440 Paving (See note D).......... 66.50 46 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 47 of 60 938 458- 038.450 Pile driving (See note D).......... 66.50 938 469- 038.460 Pipeline icon ROW D) .......... 66.50 938 470- 038.470 Plaster and stucco specialty (see note D).......... 66.50 938 488 038.480 Plumbing (See note D).......... 182.00 938 499- 038.490 Pollutant storage systems; gasoline, oil, etc (See note D)..... ..... 66.50 938 599- 038.500 Pressure cleaning .......... 66.50 938 510 038.510 Prestressed precast concrete specialty (See note D).......... 66.50 8330 038.520 Refrigeration, commercial and industrial (See note D).......... 66.50 938 538- 038.530 Reinforcing steel specialty (See note D).......... 66.50 938 540 038.540 Roofing (See note D).......... 66.50 938 558- 038.550 Septic tank/sewer cleaning.......... 66.50 938 568- 038.560 Sheet metal (See note D).......... 66.50 938 570 038.570 Shutter and opening protectives (See note D).......... 66.50 938 588- 038.580 Signs - electrical (See note D).......... 66.50 938 598- 038.590 Signs - nonelectrical (See note D).......... 66.50 938 680- 038.600 Solar (See note D).......... 66.50 9380 038.610 Steel reinforcing (See note D).......... 66.50 9380 038.620 Structural masonry specialty (See note D).......... 66.50 938 638- 038.630 Structural steel (See note D).......... 66.50 938940 038.640 Swimming pool, residential (See note D).......... 66.50 029941 - 038.641 Swimming pool, commercial (See note D).......... 66.50 93894: 038.642 Swimming pool, SeRfiee servicing (See note D).......... 66.50 47 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 48 of 60 038.643 Swimming pool, cleaning 66.50 029950 038.650 Tile and marble specialty (See note D).......... 66.50 028 0 038.660 Underground utility (See note D).......... 66.50 029970 038.670 Veneer specialty (See note D).......... 66.50 029990 038.680 Water softener installation and service.......... 66.50 0299,90 038.690 Welding (.^^,,;.^° ^^.+;f;^.,+;^.,).......... 66.50 029700 038.700 Well drilling (requires certification from SWFWMD).......... 66.50 029710 038.710 Window cleaning.......... 42.25 029 0- 038.720 Wrecking and dismantling (other than building).......... 66.50 039.000 COSTUME OR CLOTHING RENTAL GOO 'PAP ^. ^i^+hi^^ FeRta i 54.25 040.000 DATA PROCESSING n.,+., . ronaceiRg 61ItaR+i.,.^^raFRFRer S9 75 049 010- 040.010 Data n.^^^°°O^^ °^ftwar^ Consultant / programmer.......... 99 59 90.75 040.020 Web Designer 90.75 041 000 DATING / ROOMMATE / ESCORT SERVICE QatiR^??^^mm°+^ 69PA'^^ (See 133 50 . note B).......... . 042.000 DECORATOR, INTERIOR , ' .......... 66.50 043 000 DELIVERY/ MESSENGER SERVICE QeIiVe`"Yi Re66eRgeF °^^ ^^^(includes 66 50 . first vehicle).......... . Plus, each additional vehicle.......... 24.00 044.000 DESIGNER, INDUSTRIAL n^°i^^^' i^'I6+, i (See note ..... ..... 66.50 045.000 DISC JOCKEY, FREE LANCE Qi6G j^^I'^" f'^^ I'^^^ 66.50 046.000 DIVER Drover.......... 60.50 047.000 DRAFTSMAN Dr;;f n.......... 90.75 048.000 ELECTRIC POWER COMPANY PeGtFi^ ^^W^`" ^^"'^°R 182.00 48 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 49 of 60 049.000 EQUIPMENT RENTAL G^„i.,...^^+ .^ small +^^ls ^. .. l, ^ 0 995 949 019- 049.010 E^"'^'^^^+'^^+'' large Large, heavy duty equipment.......... 133.50 049.020 Small tools / egubment, appliances, etc 66.50 049.030 Mail Boxes 66.50 050.000 FLORIST €lnrm,# ......... 66.50 100 050 FORTUNE TELLER, each ( includes astrologer, clairvoyant, palmist, 133 50 . psychic, tarot card reader) (See notes B and D) ....... . 051.000 FREE SERVICE BUREAQ Free sewi^^ h r^? .......... 84.75 052.000 FURNITURE, REFINISH, REUPHOLSTER, CLEAN AND REPAIR .^fi^ioh Ph^io+^. ^i^°^ aRd r 66.50 053.000 GROUP CARE / COMMUNITY RESIDENTIAL HOME 010 053.010 Congregate care (21 or more clients).......... 182.00 952920 053.020 Convalescent/nursing home.......... 182.00 953 999- 053.030 Community Residential Home Family Gare h^m^ (1--6 clients).......... 42.25 952949- 053.040 Community Residential Home (7--14 clients).......... 54.25 953 959- 053.050 Assisted Living Facility (15--20 clients).......... 84.75 953-960- 053.060 Half Way House (1--20 - special treatment).......... 102.75 053.070 Home care / companion, non healthcare (See not B) ........... 133.50 054 000 GUNS DEALER S, includes repair (See note B and C, No home 133 50 . occupation; requires federal firearms license), dealer, i^^16" eS repair . 055.000 HEARING AID, AGENT OR DEALER W4a4g^ °4 '^^^+ ^" ? 77.50 056.000 HOSPITAL dal.......... 267.00 057.000 INCOME TAX PREPARER'^^^^'^ tax prepare 66.50 058.000 INSURANCE e 958 010 010 058 , Company, per each class, and type of insurance 90.75 . (accident, auto, fire, health, home, life, etc).......... 49 Ordinance No . 7724-07 Item # 18 Attachment number 1 Page 50 of 60 958 020 058.020 Adjuster.......... 78.75 958 080- 058 030 A enc (includes 1 rinci al owner mana er or a ent) 66 50 . g p p , , .......... y g g . 9581- Plus, per each additional agent , customer service.......... 30.00 058.040 (Reserved) 958 050 058 050 A ent inde endent 75 90 - . g .......... , p . 059.000 ITINERANT OR PERMANENT, KNIFE / TOOL SHARPENER 40pprApt .,^. . ^^+ 1,R1f9+^^, c"n.n^^^. 30.00 059.010 ITINERANT, AGRICULTURE PEDDLER '+;^^.aRt °^.,^„?+,,.^ peddle. """"" 42.25 KINDERGARTEN, NURSERY OR DAY CARE CENTER, commercial site i 54 25 060.000 K Rdergall^^ ^61FSeF , er day Gare (See notes B and D).......... . 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 LABORATORYLabsratery (includes dental, medical, ambulatory center, 061.000 research, analytical, photo, chemical testing, etc.).......... 96.75 Plus, each employee.......... 24.00 061.010 Blood Plasma Center (See note C) 96.75 Plus, each employee ............. 24.00 062.000 LAND DEVELOPERc' aRd ` eVel9pe-P 133.50 063.000 LECTURER' ^^t-UPP- -APd- ORS461^+9F 84.75 LOAN, FINANCE, CONSUMER DISCOUNT, OR MORTGAGE LENDING 064.000 COMPANY (See note 303.50 D).......... 064.010 Check Cashing, (See note B & C) ............. 133.50 064.020 Money Exchange, (See Note B & C) .......... 133.50 065.000 LOCKSMITH L^oAksmitb_(See note B).......... 54.25 066.000 MAIL ORDER ESTABLISHMENT M-Aml ^rd-er ^°+°"' °" ^^^+ 66.50 066.010 Internet Sales Business (See 070.040 Merchant for new merchandise 66.50 50 Ordinance N o. 7724-07 Item # 18 Attachment number 1 Page 51 of 60 inventory value over $3,000).........., 067.000 MAILING, PACKAGING, ADDRESSING, FAXIN , °ff` FeSSinr. faxing 66.50 068.000 MANUFACTURING , fabricating, processing, compounding QAR 01 Q 068.010 1 employee (including owner).......... 54.25 099 0- 068.020 2--4 employees (including owner).......... 78.75 80930- 068.030 5--10 employees (including owner).......... 108.75 968 940 068.040 11--25 employees (including owner).......... 133.50 099 950- 068.050 26--50 employees (including owner).......... 200.25 998 090 068.060 51--100 employees (including owner).......... 267.00 998 070 068.070 101--500 employees (including owner).......... 303.50 998 989- 068.080 Over 500 employees (including owner).......... 498.00 069 000 MASSAGE ESTABLISHMENT Massage estohGoh.. ept (See note D and 72 50 . Chapter 9).......... . 999019- 069.010 Massage therapist, each (See note D and Chapter 9).......... 42.25 MERCHANT OR MERCHANDISING_ n 9PGhRPt OP FReFGhaRdi6iRg: Inventory 070.000 cost value excludes tobacco and alcoholic beverages (See note B for sale of used merchandise, and alcoholic beverages) 99- 070.010 Inventory cost value $1,000-49 or less.......... 42.25 999.99 h„+ less thap Inventory cost value $1,001 to $1,999 Gver $1 "r` 979:-9?9- 070.020 , $2,000.09.......... 54.25 ? 070.030 Inventory cost value $2,000 to $2,999 Gver $2,999.90 h, it less thap $3,000.08.......... 66.50 9949- 070.040 Inventory cost value $3,0009 and over.......... 66.50 Plus, each pe; $1,000-49 or any fraction thereof over $3,00049.......... 5.10 070 070.050 Mobile tool sales.......... 133.50 51 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 52 of 60 070 060- 070.060 Antiques, used merchandise (See note B).......... 66.50 070070- 070 070 Merchant, temporary permanent/location (Christmas tree and pumpkin 60.00 . sales .......... 0 0 080- 070.080 Merchant, itinerant, permanent/location.......... 182.00 0 0 090 Merchant, show or flea market, per exhibitor, includes food vendors, per 9 70 - 070.090 event/show.......... . 070 480- 070.100 Downtown convention/exhibition center.......... 3,646.00 070 440- 070 110 Hardware store or lumber yard with an inventory value less than 231.50 . $100,000.00 .......... ^'v-r0 1:20- 070.120 Merchant, ice cream truck, each driver (See notes B and D).......... 55.00 071.000 MOBILE HOMES Moh?m^ ^mpiq 071 010 071.010 Dealer (new or used) sales and service.......... 133.50 070- 071.020 Park, rental 1 to 25 spaces.......... 84.75 Plus, each additional space e5.......... 3.90 071 020 Transport service (if independent of Git d dealer or manufacturer 78 75 071.030 holding a City of Clearwater business tax receipt).......... . 072.000 MOTORCYCLE ME)tsFGYs4e, dealer.......... 96.75 07:2 01 0 072.010 Motorcycle, scooter or bicycle rental.......... 66.50 073 000 MOVING, TRANSFER COMPANY M9V'Rg, traRSfeF G9FRpa^ (See note B 108 75 . and D).......... . 074 000 MUSIC MACHINES/ JUKE BOX ""„R;^ rAaAhipes,quke be , coin operated: . (not amusement or vending machines) 074,010- 074.010 Dealer or lessor.......... 133.50 074 0:20 074.020 Operator or lessee, each machine.......... 42.25 075.000 NEWSPAPER, PERIODICAL OR NEWSLETTER l„++ 52 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 53 of 60 00- 075.010 Less than 6 issues per week.......... 90.75 07a 0:20- 075.020 6 Or more issues er week 267 00 .......... p . 0030 075.030 Agency or bureau.......... 133.50 075.040 NOTARY PUBLIC, independent ............ 66.50 076.000 NURSERY, PLANTS Nursery, ; (See note .......... 66.50 077 000 PATROL, NIGHT PATROLMAN, OR PRIVATE WATCHMAN, SECURITY i . ght patrelmaR AtP WAWhman GUARD: Patrol, R 077010 077.010 Firm (See note B) 75 90 .......... . 07 0=0- 077 020 Individual (See note B) 42 25 . .......... . 078.000 PAWN BROKERor (See note B and D).......... 400.75 079.000 PETROLEUM PRODUCT , wholesale.......... 267.00 079 010- 079.010 Petroleum roducts deliver / sale includes LP 133 50 p .......... , , . 080 000 PHOTOGRAPHY, Photographer or Video Taping ?stegranl?y (See note 66 50 . . 080.010 Video Taping, Videographer (See note B) 66.50 081.000 PIANO TUNER &F.......... 30.00 082.000 PLATING OR ANODIZING, METAL Dlat'^^ 9F aR9GIOZOR9 metal 66.50 083 000 PRINTING, PUBLISHINr_ PFiRtiRg P hl 64k4g engraving, lithographing and 72 50 . binding (includes blueprinting services).......... . 083.010 Publishing, Desk Top 72.50 084.000 PROFESSIONAL °r ,-?:np (per licensee and per location) 084 010- 084 010 Accountant (See note D if CPA) 121 50 , . .......... . 084 0:20- 084.020 Architect (See note D) 121 50 - .......... . 084 080- 084 030 Attorne (See note D) 121 50 , . .......... y . 084-040- 084.040 Chiropractor (See note D).......... 121.50 53 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 54 of 60 884 941- 084.041 Counselor/social worker (See note D).......... 90.75 884,950- 084.050 Court reporter.......... 90.75 884968 084.060 Dental hygienist (See note D).......... 90.75 884, 70 084.070 Dentist (See note D).......... 121.50 884,99- 084.090 Designer, interior (See note D).......... 121.50 884 99- 084.100 Embalmer/funeral director/undertaker (See note D).......... 121.50 884 10 084.110 Engineer (See note D).......... 121.50 094'0- 084.120 Homeopathic physician.......... 121.50 084.121 Mental Health Counselor (See note D) ....... 121.50 884139- 084.130 Occupational therapist (See note D).......... 121.50 884 49- 084.140 (Reserved) 884159- 084.150 Optician, including sale of lenses and frames (See note D).......... 121.50 884169- 084.160 Optometrist (See note D).......... 121.50 884170 084.170 (Reserved) 884 89- 084.180 Physician (See note D).......... 121.50 884 99- 084.190 Physiotherapist (See note D).......... 121.50 884 299- 084.200 Profession, NOC (See note D).......... 121.50 094 :210 - 084.210 Psychologist (See note D).......... 121.50 084.211 Process Server (See note D)......... 90.75 094 :'0 084.220 Surveyor (See note D).......... 121.50 884 239- 084.230 Veterinarian, also see animals (See notes C and D).......... 121.50 085.000 PROMOTER / PROMOTIONS, exhibits, shows, sports events/tournaments, 243.00 or similar tvDe events (See note B) (if temDorarv. Der 54 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 55 of 60 event).......... 086.000 RAILROAD R;;0Irn;;d .......... 273.25 087.000 RECORDING STUDIO .......... 66.50 REFUSE COLLECTION AND DISPOSAL SERVICE a^f. ^^ ^^u^^+ ^^ A^PI 088.000 dispesal ^^^^^^, (May Require Solid Waste Dept approval, See Chapter 32) 273.25 S99 ^^+^ '^'- c^^ a 32.292 ri+„ r^d^) 089.000 REFUSE MACHINE, COMPACTING AND/ OR BINDING: 08,9010 - 089.010 Owner or lessor.......... 267.00 099 0- 089.020 Operator or lessee, per machine.......... 121.50 090.000 RENTAL PROPERTY ).......... 99 fi0- 0,90010 010 090 Hall, Banquet Facility Hall,/ faGi1it6.,.^^^.+„ ^ ^„I^^+ AI , 1-69- (tee 121.50 . $) SINGLE FAMILY/ DUPLEX: Rental Period, 30 days or more. 091.000 30.00 1 - 5 units on the same or contiguous parcels °^^+°' 61^O+^ (1--5 Plus, each additional unit pe; --pit ever F; .......... 1.70 SINGLE FAMILY/ DUPLEX: Rental Period, less than 30 days, (See note C) 091.010 30.00 1 - 5 units on the same or contiguous parcels Plus, each additional unit 1.70 APARTMENT: Rental Period, 30 days or more, 3 - 5 units 091.020 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 CONDO/TOWNHOUSE: Rental Period, 30 days or more, 091.040 30.00 1-5 units within the same complex Plus, each additional unit 1.70 CONDO/TOWNHOUSE: Rental Period, less than 30 days, (See note C) 091.100 30.00 1 - 5 units within the same complex 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 55 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 56 of 60 091.080 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 4apa4 '^ ^^""^^ ninr r" 54 25 . owner.......... . Plus, #e; each employee (ether than ^W^^) 12.00 093 000 RESTAURANT Resta-rapt (See note D; and note B for alcoholic beverage . sales) 092 040- 093.010 1--10 seats.......... 42.25 092 0- 093.020 11--25 seats.......... 66.50 092020 093.030 26--50 seats.......... 133.00 99 940- 093.040 51--100 seats.......... 200.25 092 0 093.050 101 or more seats.......... 267.00 9960- 096.060 Snack bar, soda fountain.......... 54.25 092070 093.070 Concession stand/vendor, per location or unit.......... 54.25 092090 093.080 Canteen wagon or truck, per mobile unit.......... 60.50 092090 093.090 Drive-in or drive-through/take out or delivery.......... 90.75 Nightclub/bar/tavern/cabaret/lounge (See note B; see adult use 092 100 093.100 entertainment; see commercial recreation/entertainment, entertainers).......... 267.00 092 110 093.110 Dancing area.......... 54.25 093.120 Nightclub Entertainment (live music, comedy act, karaoke) 66.50 SCHOOLS / TRADE, STUDIO AND INSTRUCTION 094.000 (See note D; also see note B for dancing or charm 66.50 schools).......... 094.010 Health Club (See note D) 66.50 094.020 Personal Trainer 66.50 56 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 57 of 60 095.000 096.000 097.000 098.000 098.500 099.000 099010 099.010 l100 099.020 100.000 101.000 102.000 103.000 102 010- 103. 010 102 103 020 . 4 0- 103 030 . 102 940- 103 040 . 102 0- 103 050 . 104. 000 105. 000 195 940- 105.010 SECRETARIAL SERVICES c^^Fetari°' ^^p^^^ (includes stenographers).......... SEWING SeWiRq (dressmaker, seamstress, tailor, etc.).......... SHOE REPAIR OR SHOE POLISHING STAND Shee repair (or hoot hl;;Ak stcd)......... SITTING / HOUSE, PLANT, PET c,++;^^ h^„^^ plaR+ pet (See note B).......... SPECIAL EVENTS - CITY SPONSOREDSpeaial eVeRtS - Gity ^^^^^^ per day, per exhibit .......... STORAGE /WAREHOUSING Indoor, per 1,000 square feet (minimum $50.00 fee).......... Outdoor, per 1,000 square feet (minimum $50.00 fee).......... TATTOO PARLORS Tattee parleys (See note C and D, and Florida State Statute 877.04, letter from doctor required).......... TAXICA first vehicle (See note B and Chapter 25, proof of insurance with City listed as additional insured party).......... Plus #e; each additional vehicle.......... TAXIDERMIST T°xet.......... TELEPHONE AND TELEGRAPH Teleph^^^ aRd tele raph Telephone, company.......... Each branch office.......... Telephone, business, private (includes 900 service; see note B)... Telephone, solicitation (See notes B and D).......... Telephone, answering service.......... TOILETS, PORTABLE SERVICE r^a^+^ .enable sepAi^^ TRAILER, CARGO T'Ta;er-cargo (for boat trailers, see boats) Trailer, cargo, sales and service.......... 57 66.50 54.25 54.25 60.50 1.20 12.00 24.00 121.50 66.50 24.00 54.25 273.25 36.00 66.50 66.50 66.50 121.50 66.50 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 58 of 60 105020 105.020 Trailer, cargo, rental.......... 54.25 TRANSIT OR READY-MIX CEMENT AND CONCRETE TraRS't OF read , 106.000 ^^r^^^+ -A^d- ^ Fete 267.00 (This business tax receipt e required of any distributor making deliveries and/or sales within city limits, regardless of location of plant.) TRANSPORTATION SERVICES Tra^Sr,^rtati^^ S^^,i^^S (bus station - 107.000 interstate, chartered, limousine, sightseeing) (See chapter 25, proof of 255.00 insurance with City listed as additional insured party; see note B).......... VACUUM CLEANER SALES AND SERVICE ` -RA,--"' ^leaper sales APd 108.000 66.50 RPPAMAP 109.000 VALET PARKING, each location Valet ;g.......... 60.50 VENDING MACHINES ` eRdi^^ r"'^h(excluding amusement, music 110.000 maAhipes, cigarette or stamp machines) 110010 - 110.010 Dealer or lessor.......... 66.50 110 0:0- 110.020 Operator or lessee, per machine.......... 12.00 111.000 VIDEO OR FILM RENTAL. Video- or film reptal0 66.50 112.000 WRECKING YARD ` Fe .......... 267.00 UNCLASSIFIED , any business, occupation, profession or exhibition not specifically designated. (may reauire Note B) I 'PAIR1313if9d, ^„^r%ss 113.000 133.50 eRgaged OR by a .,i+hi^ the ^ity aRd f^r ^^ 1 i^9-PSe hoo hr,^^ cnrr SpeGh-rvcmy-ac?Rcrc T(See ?-rust-cam Penalty, delinquent and administrative f°°°• e liGGTTJGnense tax Tf-000T. In W penalty e he administrative fee shall he Me times the Permal fee with n mnvimr rm of $L250.00 nnr linnR^n eR nnnnr rnt^ `ant paid by Iamb rnr" 31 ^t fnllewiRn thn rn nnrn,nl nntinn 58 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 59 of 60 n TRANSFER FEE hallr-vc-'up +n 1004 of +hn linn??t-v but AGt less than $3.00 Gr rnGre than $25 00 A. Requires apprGy l by thre?CGm R ui reS p it nn li nn nn de artment r -- nmmepd +inr, Th °h °II e nliGant y r pv rr?a??T . ?u c c p C B. r GGM lete a bhaGknrnwnd infnrm?+i vT re G _uc ?cna?vr . . rt, ewe- i d ? `^f'Prrirrrr -? u n°+h and shall ? p r p a+inn Fe RGI iRyes+ja j;. 4 te .b M a baGil w e ... . he Fa h aRd . fiR eF Fir,+n hc T , ig u . . --C p p g p . - based G. Reserved, eG ' 'nnn D Re uires i ns state GF GGwn i ,+hnrit t . q r p y y 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 31 st. 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 oercent 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: 59 Ordinance No. 7724-07 Item # 18 Attachment number 1 Page 60 of 60 A. Requires approval by the city council ^^^ . 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 60 Ordinance No. 7724-07 Item # 18 Attachment number 2 Page 1 of 2 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; -1- Item # 18 Attachment number 2 Page 2 of 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. -2- Item # 18 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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 Item # 19 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue second reading of Ordinance 7769-07, 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 to February 15, 2007. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 4 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 NcItM9920 Attachment number 1 Page 2 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, 2 Ordinance NcItM9920 Attachment number 1 Page 3 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. 3 Ordinance NcItM9920 Attachment number 1 Page 4 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 Approved as to form: Pamela K. Akin City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 4 Ordinance Nd.teTH9920 4rf` 4, ? 4 ,..i 9 `e City Council Agenda Council Chambers - City Hall Meeting Date: 1/31/2007 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 Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No to Budget Adjustment: None Annual Operating Cost: Total Cost: Bid Number: Bid Exceptions: None Cover Memo Item # 21 Attachment number 1 Page 1 of 1 FIRST L ST J ? 0] ° THIRD ST w o ° . Q LL Z O O ? U FIFTH ? ST Z w ° 2 O\ DR BRIG WATER DR PROJECT SITE BAYSI DE OR BAYwAY S BLVD GU<,c?/F? BLVD J0 L S o N City of Clearwater --li N-" E Clearwater Public Works Administration / Engineering 5 Vacate the 5-foot drainage/utility easement lying along the west property line of lot 25 Bayside Subdivision #2 Ordinance 7770-07 Drawn By: S. K. Reviewed By: S. D. Scale: N.T.S DWG. NO VAC 2006-11 Grid # 276A S - T - R 08-29s-15e Date: ltehf1 #/M Attachment number 2 Page 1 of 1 34/01 39 38 37 36 35 34 2 3 4 3 S 6 8 9 10 2 ?raipa s eRiG 30 G TR a 22 meat r?RoR 1 ` 23 29 24 25 Vacation Request 26 28 By Applicant 27 BAYSIDE SUBDIVISION #2 PB.27 PG.32-33 20 21 22 0 N City of Clearwater Clearwater -41 1? E Public Works Administration / Engineering U S Vacate the 5-foot drainage/utility easement lying along the west property line of lot 25 Bayside Subdivision #2 Ordinance 7770-07 Drawn By: S. K. Reviewed By: S. D. Scale: 1" = 100 ft DWG. NO VAC 2006-11 Grid # 276A S - T - R 08/29s/15e Date: IJdM 4MJ Attachment number 3 Page 1 of 1 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. Colon Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 21 Ordinance No. 7770-07 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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: Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Other None Budget Adjustment: to Annual Operating Cost: Total Cost: None Cover Memo Item # 22 Attachment number 1 Page 1 of 3 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 W the "Florida Fire Prevention Codes" will be conducted within the frequency cycle as Ordinance No. IRM *22 Attachment number 1 Page 2 of 3 determined by the fire chief and will be subject to the fees set forth in Appendix Article VIII, Fire and Life Safety Inspection Fees. A fee of $50 00 will be Ghar b eG n f fnr the re_-iRs e- i aRGe tiG r- RGR-C em . . fnr n r$ s ? Rd EI tFUEt p G g rn rv i r V r rp e -! fnr 00 will be nhaF fee of $100 feet rc r - , rarrcT r - g -r . . RGR-nn Ge Gf SMAGro s 80,000 sq iare foot aRd ever fnr e 00 will be Ghh fee of $100 °aGh sub ar G entien fnr ueR _iRs se . u rg c . RGR RGe th eat f e 6 r' 1Et EFi' 80 er 0 p q 00 s uaFe feeta" d 6I raeF A - T t C.T - , q „ . fee $200.00 ,mill be harg fnr 64cr 1GWr square foo rccc t aRd ever.- Section cr ui-ra-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 sg. ft. (3) 3' Plan Review ........................................................ $100.00 plus $0.12 per sg. ft. (4) Fire Protection Systems (All) ................................... $0.09 per sg 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 sg ft, $50.00 per panel (10) Pre-engineered Fire Suppression Fixed Systems (All) Hood Systems (All) ...................................... $75.00 (11) Change of Occuoancv Inspection ............................. $50.00 (12) Renovation Inspection .............................................. $50.00 (13) Hotwork: Commercial Roofing. Welding. Cutting. Thermite Welding. Braising. Soldering. Grinding Thermal Soraying ...................................................... $100.00 (14) Flammable/Combustible ........................................... $50.00 (15) Liauid Storage ........................................................... $50.00 (16) Tanks/Container Areas ............................................. $50.00 (17) Tank Removal ........................................................... $60.00 (18) LP Storage Cylinders ................................................ $50.00 (19) Fireworks Disolay ..................................................... $150.00 (20) Tent permit and Inspection ....................................... $150.00. (21) Certificate of Occuoancv Inspection ......................... $50.00 Ordinance No. R-67t1-0722 Attachment number 1 Page 3 of 3 (22) Red Taq Fee (failed permit inspection) ..................... $50.00 (23) ALF's ......................................................................... $50.00 p er floor (24) Nursing Homes ......................................................... $50.00 p er floor (25) Hospitals ................................................................... $50.00 p er floor (26) Group Homes ............................................................ $50.00 p er floor (27) Foster Homes ........................................................... $50.00 p er floor (28) Disaster Plan Review ................................................ $50.00 p er floor (29) Daycare ..................................................................... $50.00 p er floor (30) Occupational License Inspection .............................. $50.00 (31) Periodic Inspection .................................................... No Charge (32) Follow-up Re-inspection ........................................... No Charge (33) 1" 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 sg. 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 Approved as to form: Robert J. Surette Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. R-67i1-0722 Muaciuneiu iiuinuei c Page 1 of 17 r Item # 22 Page 2 of 17 ORDINANCE NO. 7771-07 AN OR IMA E OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO (FIRE AND LIFE SAFETY INSPE T110N FEES; AMENDING SECTION 17.38 AND REPEALING SECTION 1 7.39, LE RWA EFL CODE OF ORDINANCES, AND AMENDING APPENDIX R,nQLE `III, LEARWA,TER ODE OF ORDINANCES, T ADD A SCHEDULE F FEES FOR LIRE AND LIFE SAFETY INSPECTIONS; PROVIDING AN EFFECTIVE [MATTE. WHEREAS, Ir ??rr.,?t r Fi-e_ & F'esc ie is charged with providing fire protection and rescue services to o per a in portion of 'Finell - C °,r.-nt , Florida and WHEREAS, Sec_ti)n 633.025, Florida i2 l i,) r?.c?..rircr ?r rriuriic.ip,Ir-; , county, or sI -iel district with fire -safety responsi[-Dilit e.s to adopt and enforce nrimmurr fire safety s[ jn,,Jards„ and UHF E. , ertion 633.081, Florida Statutes ('2)130 flows, the o.,,ornjnq hc)dy of uni,_: p lit , oorar?t,+, or special cli. trice k,%flh fire ?; fet,+ nforoLrrrent rr it::r1i i iltr to provide e SCTI sdU0 of fees to pay thro cost )f inspections and rel uteri a:_iranwriistr tive e penseSr; and v",1HL E , r r erFr }?e._ir le of fire and life safety inspection fees i required to amol oral, , the costs to the eta for providing teesse son. ices; and WHEREAS, the City OLHICIl fires that the e:es imposed herein are reasonably to the expo ns(,, 5 of the City in pt oviding thcl-sc= services; and ^?.rHEF?E , the City Council finds, tlrat the schedule of f. rrr forfire zirrrf life 4r fat inspections .,.,ould be more properly included in Appendix Cleareter Coc_i of rdin.F?rr now., thercfc)rr, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEAR WATER, FLORIDA. ,(?Ic;li n 1. u,_..:tinn ` 7, , Clearwater cXJc of ordinances, is hereby amended Sec. 17.38. [Generally.] Firo an life saf :tv Inspect[on of existing str cturus for compliance v th to the "Florida Fire Prevention Codes" will he conducted withain the frequency cycle as Item # 22 iir :r N' 7'771-07 MLLGGI II I ICI IL IRA I IUCI L Page 3 of 17 d e te rlrlinH-1- d by t1--iP fire chief and will be subljCiCt tea the fµrs set forth it A F. er11Jix=, -,,. Article V111l, Fir's and Life Safety In peel Jri Fees. a-----N -tee- A.v l- e ch a.rged--for the ifiiitial f4re-nind : safFI , iRspeotior, fe-F }wtp+arrlri +i+bit fry'_ln??(r J r- r-? -s .P4 f?lFle esd` I.Iargt-'d f(v the r{J n,rr hlt?i:'t.lC ? -{-5 1 - 1?. ?1 (.L 1r°`?trlJ?:T'6:d( a 8 ru-,, ?c;e - 5-#-ee-Gf-$1 DO- 00 vv ll [-.,,e ri: ed for # (do 7lF?f;C ?i r11µ I;l l ?;rr :, qu,'art- 2eeL? Fl Fl -Ovef, "k)F Fi r ti `rU bsF'q_ .ienL re in F, section for 91!.fll-"?.1f11 } E II,r.i? ##IGreaff -roe- #? F+? t l l- i -Erb d f 1r .-t Lind' UfldPF. A feu-C44}290 00 v Il be, c-Ji-ar'ge,d fo1 stria+: d,, A f-_,-c f--$4G. IJ ; Ill k r_ l l _ ; ed ft_rr el-] I [k:a tf , y [ 71 O F F r.. - 0 .. f i ? [r r 1115411 E3? fai1,i1,je ,?, e i? :[;i?I:i 7, Section 1, 3J, Clearwater Code of Ordinances, is li-ieby in its eii et . Section .. Appendix , Article Fill, Cl ,?1r.v t r Cede of Ordinance, is hereby ?1nKIrIlj1: r? ?s fellows, Mill. Fire and Life Safety Inspectlon Fees: 4 1) r I;rrli;if, t' ,P I,?r ._..._ _... 4.a? I Ir'L1r -. z f.. L . ................... .. ....... ......... ... _ ?y 'I II r'1 _lr,_, rl,_ir ti:`I^ " r7 ,,, .loll 1(Ir?rl-?rrl(i!?.r?!R'f' ....... .._. ... .: _ ?i Al, 17 1 ),r j' IL4 `.' 1W1 rI4,LLL lr rtiii .? '1 _f1 1 _, .°o ..,,... .., i C E flE (1, .,I fr rTllr'11711_drTl N a ...._. „ .. E o L 7, ..... ............... ... 5J.1.1I rL 4 -1 r - 1e ft II rl.? a llt='.I 1?1 ?? - "A Systems ?L - _._..._ ................... .... _... .. .. i?.1_ ICI Iii 4P 121 .,,, ,, . . Ii..In, ]I ? ' 17r,?!-!1!?._ . ....... ......... . ..... ...-. ..,?,. _ .. l?1„ ?I.11_I i! T? „I -LI 1 f,1 1:,!11 1 7 ICI's l_ J 7.,?, r= s Il ,1[1 i[..I I`:,r. r..ilrli ! J' :. ....... ................... r I ?vi. I LL! x.'41 Ludes` ,,,,,,,,, 4 011 ?-,- r1( 1?dII`;("II l J I(? ,_.. .... .......... , 1 F IJ ,?1 . 2 Item # 22 Ordinance No. 7771-07 MLLGGI II L ICI IL I I U I L IUUI L Page 4 of 17 (22) Red Tact Fee (failed permit inget:t` n).., ..,. ?i..!--I ' d 2.) ALB'S .:... ......... .......... .......... .. 1). 00 F' a . 7755 41 F , J''1LIF ?Pjlj,I.I II„ n - 1r "IL.. ?'IF?r IrJL,. r. r I .._.. .. _e.._.:. .. :. 1) IIy . rll-, r npg.r r:? I' 111 l h ?hI Lff: P;71 ..tIP5c'rp L27 L iIEL'f ... ,,,,,, CI 1. per Ilr L.- 4,.t' I r; I ;aIj Review-- Lda. ,..? --------------------- ......... .. , 11.i;,Il l f,cr fIC,,..1' _ -I'Fll l?l .. ..? ,,.. „r , I''?.,I I ha / I,2Y 1 i. .? ?uc LII_lri _v ..... .:.. .....:,,.,. .Nod rSa`ha rge ( far ?I x ++? k yy l L I- I=71af rl! I?`?!}-IC I,f.1111 hr?=1l? L?ii. . i 1CII-I r I lIL;I I.I?,1 ptl.hfi 4?.de?000 5q.. _ .02"D f?ll_I I ! I'? I I ]? fly l1 I "=1f I LI A I f ILL. _-. LiOn ...... ..., _l y,t F ' 1;1l 1 1j ..e .. .._ r?er it -,n er hl,_rur ? -? l ? -Pf•f? 1 6tl .l lil_ ?? r'?_1 ?L?l,n I jl. ........... ........:. ...... . :. 'I //'''gy,pp yy ?° 11?`d<4a°'SI 1ior ap',r,rjicikjc pe h'4 ur) SH i.tion . This ordinance shall t k m F 1 ;1 immediately upon ---11JoF---fmn. FOL D N FIRST READING P EC3 0N SECOND D FINIAL. READ I NC i"LND ADOPTED Frank V_ Hibbard Parer Approved e to farm; Robert J. SUrefte A ista iit City Attorney attest Cynthia E. oudeau City Clerk Item # 22 Ordinance No. 7771-07 ML1GGr r r r rCr IL rrur r ruer c Page 5 of 17 3 ?r w ID x a .15 E s' r 'tl T 31 T `?1 .i.l T '°8g , r r . n w _5 T {Jr ?p . m A? ? riJ 4't a Cl ? _ rK, -a sr 21 IT, a+ rs rC tl I., r i.l 1°D r 5D N J r= L 41 7%. dRl Z r= ? ? 10 c _i n cu t 5T a Ed r .1 Ur rr 7:. ?., R J - t? CL q? C8s CD LPr IT iT cz - G `p =. Yaa C7 qe F R m ! L :17 6 :D rD u a ca un - a' cl c T aj s.3 W r v 4:+ j E3 q C . rU4s "f ,., C r°r. . CD rPJ m R FT +e_ W 7 m r_ r T' .rr n n ZS n r n l - fB y1 -ev b - ?1 1 L r. 7 r I c s' k4 T `? r„ irno T' - -, r i to - m J IT.. T• ', Ir a ? I-. E7 ri E EL 3 PL I-' ill, I'D U 13 C:) C3 C3 c) ur u, w .. err l m m x.x Item # 22 MLLGGI II I ICI IL I I U I I IUUI L Page 6 of 17 T, rn 4i ?` 0 ® R - UI ZEl N w R? iP 4 rr . ft rD p ?'. T T T n r J dL 4S L ` ?.. L r S5 - 6i c ih : ' rvy ... °? T.I 4 TI @ 1 - Iui T G. J " T ? ? r. T an "T9 ? T! T, rat ., '? CF C; cn 9^` f' (irl f l L?J !l1 ;?I ij'I r pa Z] LT. -Z- CID . . r7 I r 77 T te 77 r 1 r:_I 0 L._ - Lu r . LT J.1 ;aJ ? r rp *• "i Lr ?' L,J `t a•-r- U r" C.:. ii '-a - L!`, I°;: Sl -- , '4. Cl ri, to L: c u .. ':n sm na c a mQD - u M a a 3 s T - L: r J i 3 w v ' _, _ D U. 43 E M i 14F 6 C. r:D C, n - 53 C ? r4 r ° rP 7 I o D -n T l s+ 3 T TI ?; l :, T I T ip rl _ y Rti: a 'I' r Sb IG fA 91 E3 6 rD t3 I. 1 * rD -n u _ L ?. E5 :1 d EL a ifie Fs T ?, kA., =J .J 1 u . ' l ? ? l - rig T _T Ji• .? 7 °c li'.' 3 I L_ iJ ? rl { ?? P Mm e? ? .1 Tl ? +,4 ff'1 I? T. , ? ? ? x _I I I L ? i l -? LL 1:v '...,.. 7 01, Item # 22 MLLGGI II I ICI IL I I U I I IUCI L Page 7 of 17 1 I I ' 11 I; ls? r J .r - G' ITA S ? L L ? I_. r I: I T L I I , . "Y n, I I_ I I W. V7? ?;t R'T -n „ - 4 Ck °! ? ? ? 41? 3 IS. ra J f 7 47 '? - ? R rD (t - i C § i w FTJ T 1 1l I - 1Tp ??IS% 1 -I ?"b'Y' T T: T1 TI P??•1 ! 'II ""Y rt f , ?, ? eu ??? yt a•i it ?? +.?& ?' ? m r4r - lp I !, I _ I ?Vmp i? 7 "J F?l '? C7 I :t ,? '? rr m ? d;^S ,: ? JJ c? r r I m X15 T: .,: L.I 47 e _ lip ?, r T J C u M - `1 1? .I 4 1 I L t 163 - _ I .7 -, _ la Qb f -' 463 r I' - . ?,3 III it C II !:i Yn rp ti C [ 7 -- I T J C IT " .. l r-l ' n -' t T rl :. TI T ?"I E Ti P"I - R O - £f ?] I ? C F C? i R - i l ?? R i ? 7 I'[I Il •-_I ? - M a sffi G = TI rc.. r. ?_ -I II i.. T u r l il. rr??'' T r 2 7 g ?- I' Jl -_n II -rl rt ?5 ?. m 77 T+ ik YYS ? ? 1 RI .fir.-: - L !a m to ? ? la m 1I { 1 r? r m w „y CA, ?? 1 n I: `gyp. J' '114 ii' r li C- v Cr m u C` Cms cl c 1 I u 9F .I C' I ?' ? F^ - ? W Ri L? 71 c .1. an ran + 4 r,+m 'r °o.. ° L1 - G , C ?, rTrpp7 C?? ` ?'1 ? R 7, 4'I I Item # 22 MLLGLI II I ICI IL IRA I IUCI L Page 8 of 17 n n r r r , - -i l T' _ _ BA r Il ? IC I I I , gg ? T ?. '.u ur GY E ? I 1 I IC3 _ f6 _ - iT 4 N3 ] 3 A 97 _ i T t ? r. v ( ?n 1 I r- rA lu x',,.. .. . :e M aC 1Y z z - E u T. tTd - 0 14 I - - - .. _ 7 r n t: r I:z ? 3I3 1 CL u L J. - EL ?L C r _ r r r u ?.:. 'Cl I[a L .n C r 4 I '?jm@yy9 ..3 L I 1 C1 ? C:i I } } R' Il 16 [?' i L l? C C C IF _ _ ?v _ IL?ft I {? w { `?- l 1. j ? f1 i r p an ? T n O A"1 T' C;p n W - ?s y 1 " =, T ? II"I - ? r. Item # 22 M LLCILr I r r rC r IL IIur r ruer c Page 9 of 17 • rays; yl hi `IIL)±r IL!7 VVi1' c;F. ?hI"I J c n1 '• f?1.11:,R II c`r`1,; l.A.LIF""lbe.rl PJfire fee revenue Ti ('1_)nrfi.j .;E-d nII it711':- E L 'r i;r] ,.t flr,. fap j"fic,.kI.JC, Tr[;irlI tl"Ir r.*.r i.l5, ""1''i`+ t 1t'• # [,lECi :r":,ijUt F 'r.rlllJ Tlr.:ir?I rtT .11:' ,I tI1 0,I.I,.IT' Nl41i,f71 i11? 1'I 311 I °i x:1,11 11 r,lr_ 011O.rs fOF _IfIFQ Flrcftc1ot.l.xr spiInk Icr S, ,tern' rD ii]"' , qn.d aL ut u',I I:L-'LI for thr? fitc Ufa-irn & Iete;..tioll F .bTA'. ! h ,'I C DO',,-idcd ,xciu of the fin' fic comF.arr;=,cln ch_1 rt',Vlh1 rnr.hOF I.WO T Ir- IIc,..,e i_I-i-ic, wit'i hq','J ?- ea n inch l-!1 in fIII tE! 2tt ;rE yl- ` r:l` lr?l borne ar d 1..1r. ?I LI -I' _ mR and ji _`. Ir7Cl',x41.11 '.[l?t-11, r r--cFt1 t = !'-?1IIfIE li, I: f44r`:I -' - F7 re fair 11[.i i-0I'rIpl:j1.9[':!?u, Ir}1 IC-1HIt?f Jr1:1$dici.icj) ,, r-rly'?' `41111 r,L)kjr"Cll r rYri: jT-r? „ fir u,?O i" o"ic.L1"r.,L utxlrll lt?_ fc rJ t:1 i111 I E Intl rn:=? s. I dr rlFl't-'I I I'I ii r t i r reP LIr Jrl'.. f EI1 ";( I a ; 11 i.li l Ilry Ik ]i;:j'rl•? l ;`III er , F!, or :IInI rl_9r'px I ,r, r'c I 'a? rfC? Ft, f'.I hlll'"II I."r PlfI Lo'slell It'?xIF ?4a??,? ar i_? 0, ll:-r :.??. Ft, >d'rf r' Warn- . .4. 1 PTI 1 cia'I Iii CcI. C,.a_t31 Nei _r FI il? fl .:11a: i Dungy din'Tlj? .?l 9r'. raise' eu?ry flee tr, iey hhave, hi rra?3l•aJ rau 9?DI_.; Ir,44?l1 1 1 ri Il'I ih' or ci? The r Iar :_.I3 E I crlbr{ d a tf"1f ii ln'IInrJ 7`t III; {ifojC^;tV+a to rIl I;r= fhl? LIIJId.91.fn 7 nfl^ 1-in j in thr u i ' 11 1 •, f•..I' c,rJ art , t?)k:L- lhl'S bIjic.Icri f 01 L- c: IIL ns pq!i' j fur L r'•.rir, 2 thi((L,. I, _1' it prop` 1 r r'6S= LI;'I IOr1 Crii=- ) Hire f'dl r'?h l rU I l,llfl Wit. 'L.II ar 4 ,ter 7 5 6 x'27 5, ,. 7J27 F '177' Fr x 727 562-4461 Fee Corn 1xirlson.xls Item # 22 MLLGGI II I ICI IL I I U I I IUCI L Page 10 of 17 Iron I, Siege From: Strong, Steve Sent: TF7Ltrsda}+, October 05, 21-71016 1 f F6 1°ca: tr: nr , -itev k5? t ti33.t,8`T 633.081 W pectiorp Of bUilriings and egLApnient; order ; fire saf ty inspection fri. ning requirements; c?ftifrcnti an; disciplinary actlon---Tfl?7: State Fire Nlarsh.ll r-rid ' er ur his a_,:arlts _jj,-?J4, at as y r wuf1af71r_' h1aIur '4`trhe th d artm nt has reXsor'. le ¢:aus to L_SIi"2-a' th7 .t, 11 'I ''LInl1 i_i h ,1= C?'stft r ors. 711215 o .f!-i? 'J4jE,' ?I lay W 1..1.1 _ard Str I rl r a WE pr; liulgaited these iu7d q or a mirtlrl"Elfrr':' fire a, eU co di; i.dopted by J lcca! a,J',.h4:}I It" nm7y r , In ,"oul ,y"y dnd all 'wKIngs and structures allh;r-i a;; '= Ik1lr_t:l Lo rcgLj rsnvrAq rat r us [hl por or s. W i.,,`A:. AT -P 1`l r{. ?-?1.-, it •r_? it-. !..!t ?- -??1; it `.111`"',17._ - I.., - OWi W I ? 1 h?Eand rules GTorlrJlgar d there 'xr'Idek The oI.1'I"hmi-It 1_b inspect shall ;tend in ? all ?'?'pUI If,:Lnt, 'ue'i6C "";, arW chrkals Wi9r: -`: ar" lon: sl" _. main th _ pr r''ses of any ,I_Ich bulaMnq o ,.ku l ur-G. (1 Each c u'nW, rill! 1idpality, and special district thzi? has Iir saic y ei-M rr-err ent r ponslti°eoWs ;hall nipl y or cont'wr .6di D We safet'f' inspector, The f,l'r aIdIn''„ "I'l'_pt-,Ct!-?,r I7ju , r-(j[.,cjIjr't X11 flr? inl pertionr; that '",iii-- 14quied, by- I-aw. The eawernJn horj$, .,r a county. mu wa t or -purI"_i? rJolrir:l;. that has We aNr'r P li;rrt.ai n414._ u}tr ir?_' l t' _ :,lay protode a siyhFilrl''e? cih to l.' Ii;tr _ of 1.9.s pd=cHans cc'raduct! d i-ur 1,1anl t'(i l`I°'II ul-',=i "=1lon and related adrrllW.:h.fwI, 1 l7eci s1_-, Tvv+,, nj,:1re couFltics., municipallUes, or spedal d sr-r lc_:t.s that have Fire safety enfc rcerne.FiL r,-? SponslL llities rr`ra -1 juint:Iy grid A Is or contract lth a fire safety it ;pPc- :r, ..reng d1 Fr nklirt I,' ;rt, ;t:r-r Fi. 33756 75B2 4 7 r ,3;)24 F2.< 727-562-4461 Item # 22 l.: I.r1% L _ r. Constitution ;row Statutes S' -i`IJ ;11 J81 . nfi nc S:7] r- Idn Select Year: Tbc 2oo() Florida Statutes I5'.17 '..Jf N7E FT,RE PF:F'VFr--JTT0N AND CONTROL Muaciuneiu IIUIIwei c Page 11 of , 7 la Q l of 7 -1.r,-'_ hapte'r 33.091 Inspection of bui[dings and equipment; orders; firesafet inspection ti-airfing requirements; certification; disciplinary action.--Thee tat --, Fire Mar,;I al and her or his agents shall, -t _,ri y, r-casonatite hour, when the department has reasor, -rile cause, to belie, that a v c;I.i?=ion of this cI apter or s. or a rule promulgated thereunder, or minimum ir =,af'at code by a local author`t,,,, mEr exist, inspEct any and all buildings and si ruriirl'S I r.li ire subject to requirements or ;I,i r s. 91-1021 ? and rules prorrulg ted thereunder. The i?r, t'.: ir_,pect shall extend to all equipment, vel-incle Arid : ilea- c as which are located within the r , ur-iw-n of any uch builr_Iin or strructure. (1) Each county, municipality, and special district that has fires fety enforcement .1c'mIibiliti s shall employ or contract with a frre :.. ? inspector- The firesafety inspector rriUSt conduct all fir F,_ tyr inspections that are required by taw. The qov rnir I.:[.. f c_?4rrity, r11LtniCipality, or special district that has fh _s_!,rety enfor?errteftrc, resprfrfsii ilities may provide a schedule car rye to only the costs of inspections conducted pursuant to this sr,ht.cJr:l°"r n and related Imirds(rative 0 p w u,, TwE rtinre counties, municipalities, or special districts that have' hi..-'-safety er)fcr?r;ri;i:'nt responsibilitiis- 114 jc w illy k-i.-iploy or orilract: with a firesafety inspector. (2j Every firesafc:ty inspection conducted purstfant to state or local firesafety reguiren;trig shatt be by a persofl certified as having met the inspection training requirements set by the State Fire Marshal. Srrd. pcl ; z,,ii shan't: t l i i?j 1 school graduate or the equivalent as determined by the departmeat; (b) Not have been found Uilty of, or having I?a.cieci guilty or nolo c ntendere to, a felony or a crime punishable by imprisonment of f year or more under the & the United States, or of any stag thereof, which involve- frforal turpitude, without regard to whether 1 .I r'i ,ri,r rit of conviction has been entered by the court c°' icin of such cases., Qc1 -1ir or his fingerprints on file with the department or with an agency designated by t.1--u- i_rrtent; (d) Have good moral character as determined by the depart n ,iit; (e,) Be ;i ii;j;-,ril, of Flri r ir,l ;a (f). Have satisfactorily c .r rlrrt ?d the iiresafety, inspector certfffcation examination as prescribed b the department yin d (g) 1 - 1-1a;ve satisfa,c.torityr coatple'ted, as d teriii;-i,-d by the department, a f resafety inspector tra.ii is r? r' !i 1 ;_f riot Item # 22 , li.r r?itcte=fs77laq?arcl1, ttrr ,..stJf.,-'fti . i 1,'i 6.,Q`2{(its MuaciuneiIL iiuiiwei c Constitution 1-I.L11Le ; :->2006-> h0 3-> ction 081 n itir Page 12 of 14 ? 2 J' 3 less than 7-00 hours, established' the department and administered by such ?s_ '1r lµ= and institutions as approved by i department for the purpose of providing, basic certification training for fires i ?i y r or Have received in another state training which is determined by the department to be at least: to that require(] by the department for approved firesafety inspector education and training programs in V* ..l ate: (3i Each rl.e-?:ial state firesafety inspection which is required by law and is conri _'.e i I)y or on behalf of an agency of the si me m rst h,. cIrforlned by an individual. who has reset the provision of subseo:ticii (2), except. that thr .'1111 of the if _:11J;n pr _,r:' nr _I ;:I.I.I not exceed 120- hou:rs of specific training for the, type of property that such specizl Irate flresafoty inspectors arc Fr r r1 to inspect. () A firefighter certified pursuant ho s, 03,,35 may conduct fire-safety inspections, under the supervision: of a certified firesafety inspector, hiLe on d4at,, ,r :y mpiii Nr of a fire department cornpany conducting inservice firesafety inspections v,? thrrrrt l rig c rrt4fled as i IJI II loll"a r'r i.J(:I'I firefr hi. r , ,51 :Art-orily+ coJ7iplet,ed' an ?IISer flr department company inspector training pro;r, rr r_f at h--ast 24 liclurs' dur +i:i rn a' provided by rule of Lhe (5) D ei y Fir esafety inspector or special state firesafety inspector certificate is vaUd for a period of 3 r_r from the date oL fssuance. Renewal of certification, shall be subject to the aff_-:=t d person's completing proper ar plr :a'i for renewal and meeting all of the requirements for renewal as seta I. h d ,ender this chapter or by rube ?r il:_'.j. ii thereuridp, , which shalt include completion of at least 40 hours durir:-'. the preceding, 3-year period of ?A ,i_ rl4?i? s edul ni i s?rr , . -'e:iuired by the role of the department or, in lieu thereof, successful passage of an e arnindtion as estr Ir:l-:?,1 'r;yr I Ire department. () The St r -ir? ?ca steal may deny, refuse to renew, suspend, or revoke the certificate of a fires,afet inspector or pec ial sul e fir.; =r rety inspector if it finds that any of the following grounds exist: :71.1 Any cause for which issuance of a certificate could have been refused had it then and been known to the vutc, 19 re Marsha[. (b) Vioalation of any provision of tliis i rpter oar` any tole or oi,.Jei ref the Mate Fir'e N yr,F d- (c) Falsification of records relating to the certificate. (d) Havin, ber_r found guilty of or having pleaded guilty or nolo contendere to a felony, whether or not a judgment of conviction has bcaen entered. (e) Failure to meet any of the renewal r - -rriments.. (7) The i epartine-rt shall provide by rule for the certification of firesafet; in recr-2rs. Fii toryr.--s. 6, ch. 20671, 1941; s. 8, ch. 65-216, s. 4 ch. 67-78, ss. 13, 35, ch. 69-106; s. 3, ch. 70-299, s. 14, ch., 75- 15 1; s. , ch. 77--171; s. 2, ch. 79.357; s. 1, ch. 81.205; s, 1, ch. 82.189, s. 4, ch. 84--243, s. 9, c h. 87-787; s.. , ch. 88- 722; s, , ch- 88-361; s. 4, ch. 93-776; s. 11, ch. 5.379; s. 424, ch. 7-1 ; s. 1396, ch- 2001-261 bole,--Forrner s, 633,M , Item # 22 htt?;'` . leg. statc,f1, 1 -°S r.rlratcs/in(!,Q ,c ire`?Ap ®rdlr, I ti ' try St tuts Qarrc m Muaciu11eiu iiui1wei c Can titution ; iew Statutes :->200 -;-C:h 33-> c.tio l ; Oifline S _i rt ;lil ;f Page 13 of i 3 (.)f-3 17k 19nr-2006 The Florid Legislature s FiT,- ., titer ent. `U:-iT .. Us Item # 22 17:kf,.r,w °.I t: t -fi1.ls f i Flu. •,'a?7 iti ..c li ''.r lad ?m od ..f_]i? ['1L •,'ti. j:artutl:? ?;??.t`c??i,i, :FURL-,,Ch06... 11 1'; ail."? , Muaciuneiu iIUinuei c Page 14 of 17 Zr?r??l, its}?e Frnonia fa,[ck ard, Leonard Wnt: %r'Vcdri af_ay0 0, c to bu[- 04, 2006 BA 2 TO stro, sove hF f'7ief. I oraferred with foLrrl' f the mni3, ]c,,r binders in our area and reque_t& irlprit tarn theni on the Fee bc?dul-? fJrdinaiice now Wider conside.rstion_ f re caved ri?F'N iCiim JrU1C and '' fccHer Constrtrdonn, and :c:-j,-i1E i'i ve been I= Kd to you. Ile otlar tw comma os,, Hss' . s Carr`::.-krucki, n and fug skna Constf rftion, have noz Tesponded to the cpj ,r iuniLy fc,r irIPIss in Nu Wi'ri.:ir'c:e. ,A i ,t.xit. NILLV?;];'Ld 6 K J FWUn ,h Mt'WaW 1133756 1562432 a Fri °° F . " 27-562 4461. Item # 22 MLLGGI II I'CI IL I I U I1'UCI L Page 15 of 17 R I c ord. Loonard 1Fra !7 fJ ?'f[:'- R, 1::ha.=3rdz ?s' ?r^ri` ?jm :cis+,r- rll1?? ?r.r? : f?1r7?7Ca'iF 1 ?r:t'ihr.r r2, 2006 JAY PM Tv Rickaid, Leonard ubla F',^ i Jnanc 4751'345 ---- t `K i i n l t esna '•e ----' - va Richards > 4.:,01:: 1'A-..}5 + t _ef R--c{arcl.r s?. T Ji43'.=ta re,rlf^.;"a^;..u O':-' 1-e'.: .-Ai ju l n mn Spe..i ;;=r' Keller bro11gLt to In;y office. DK.^"t'ral1., it-, .: r. I r' U o place iii ti :I ;'r- Min Ur K hR p l.° _lr. ? _ ,e_. ? r i°: r o - . . ' 1 .' .?,.. ,- c:7 :a the L1 e, k..,. [ ?: i { : T'"',:r t1r _._ I .. w-.! t.f .J .;k;. ma i ng .i. i _cmionn .50 one excvr: J u mould .r::: i l ;1. er sq,.iar•t;_ foc.L Lor _? ` : - :;. j: nj.7and `vo `_ .i_ ern. At he S J{..: ',: r N& -, °.t On ev , I_ ;;_l a tent thaL nwo?n7 :j CiS:.7I.1 { J IF?9.:.. :: -, 4 i 1. y,? .'?.'rdty ?'1.uPtdL°C'[; c1{.7 11 - ir...,L.r J°C;r tix tte`:i.. ??{:.kr'rt3l s; `+ 'f[I''i very ?__s, .:.';lF?t•?. ,' r;:lrg to he foe cha y lr::r I can buy Ill lirs J.M{:rthc o! fir w :r Ox Tor tnaz p. we. We bDt v h- d I he f`E. ntm Ll _es 1. n 60 hours. 1. don't ir.'w ,1'i?a i. we know pa id f of that. ra 1 1. i c';., '-' 1' t.eut permar 1IniJer" Me former te e schedule t°a°r ; if it had be e"n (.11a 1- FIRIC'"3 J ''a sure, I ; i : !d } : v heard about I:;. . > r'raank ror Lhe opportunity to conment. C ?ae Richard,, ? ?? 443-658.- Rem Item # 22 I M LLCILr r r r rC r IL rrur r ruer c ,'"J7I 17 ? Page 16 of 17 7='RA 0±87 VOQ) PT rr ktY'11'U.(',D. InC? TM. 72.7..Su.A:v5] P.V"F_- 4); ov OW] 01 COW A _A Chief Lenny Wha Me Mc, dlan Impactor ICOS, 14'IyTe 1"aYnue l ane^+at r, l 1_ 33157 I ' r inance No, 7513-05 Richard, I have r vfewed the above rr endon d ordinance and have the foil wir7r r-r( inion : . Praltninar .'site rians - Thu fee is fair,. New c_vM,_acTir?r7'RenavaUuns--The Me is OR, Third r , ie nr as long as the fee is not in nclt_iitican to , - The fee i faire. Fire 0edion Morns ad le fee it fw_ 5- Uride°gicoi_and Fire Lire - Thfec is f?ii . , Arni or add head t ilting sprinMed space -t by ?r?,rrl thi not ?e ii7cluded' in fees Ix W, 2? T Sor,dpi e syshems -- Jh°r ,would lihis not be inClrrd d in fees for No. 2. F,ii c sPUI-11P - "T°his fee is fair. e Me okarm and fie et,tion Gystena - This fee is fair. 1M honge o cc4<p anc:y I nsp ache - This fee i fair. 1. Renovation Inspus5on ---This We is fair, 12. hl tv.,ork- is fe, e is fair. 13, FIa ai m abieI 0I'T7[D aSti2 l- This r? i, fair, 14. t iqurl Stnr,_ig e - This fey i fah- 15. Tanks ;' - Thin fee i fair, 16. T ai'k Rerri1 This, fea i3 'a ^r. 17, LF Wage -- This free is fair. 18, ire,,,%,ork .. Th!s te w is fair, Mint -TA fee 1 fdr. 20. edifi ate of Occupancy - This fee is Mr. A. Red Tag Fees T hl fee I fair, 2. + ,-.F',4 Thia fee is fair. 23. l';' s r7g He ?rnr. s - i°h ,s is fair, 4_ IHo peals - This, f c f faw,. 25. Group Homes - This fee i fair. 441% Alt m t 19, write 101,Palr i -:E?, ,-??r, , L 34,&3 Phone 7) i!.?R 0 F.v 7 -0387 %117- I,,rco,-Item # 22 MuaciuIIeiu IIUIIIUUI c tb?1-t]:f11`t k'cva:J lrr i irm, IEPh-. 70'? 72,r 66?-1 dCi1 Pedr,x: rrf3? qw' (1Clc Page 17 of 17 26- aster- Roues -This fee fair. 27_ sastr'r Plan -TIpis fee i fair- 2 i, -This fee is 'ai,_ 29. coup tior1 i tense I ns ection - This tee is fair, 0- Perio-Ji-. Inspections --This foe Is fair, 310, Follow-,up Inspections - This fee is fair- 32. . Falls p Rq. Ii_pections--]'[iis fo4 x s fair, 33. Flak Vie, in pec.fian - T NE-; is fair. 34- tilbsequent Re ins-p cairns This fee is fai'r_ 5. i) er ,50,x;'00 :squai,u fecA -This fee is faire Sri. l ?ti, t'= LI I't F? : [r ;p trcn -This fee is fair. 37. Li ori:311re of Facilities -7 fits fee is fair,. M Fin-- V,Jatch - This fF.;}P_ if fFjir.. 39. Fire Watch r? u age - ` hIs fey is fair, o,e r Construction ;wju d like to be a parr rx ?. y wvorks_lhr?ps you, may have to any ne%?l Fee Sc hedl,IICE?. In tod_oY' times Jncre?-ses it, fees C:c+upIr--d volth the rise in con ti uc:tion c ofs aril reduced sal+,_,?, crjuld c2ul ;p dp__'.{t_IopMetlt tO IU-11) L'L+L:r1 F[-10r-P Again, ;Vroelk2 Construction is a-vailable at any time to discuss these issues. Respectfully submitted, voarl S 1cxiieriield Z. pi ` es- K #:'1C ?i+C-F)"Fi9sions Pa e 2 of Item # 22 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7787-07 on second reading, amending Chapter 22, Article 11, 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 Item # 23 Attachment number 1 Page 1 of 2 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 havinq 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-uo" recreational activitv or aames. occurrina without reaularity or occurring spontaneously or by chance. Section 2. Section 22.49. Dangerous Games, Clearwater Code of Ordinances, is amended to read as follows: Ordinance No.l1X9-*V3 Attachment number 1 Page 2 of 2 Section 22.49. Organized Activities or Potentially Dangerous Games. (a) No person or persons shall engage in rough or potentially dangerous games er praEtiGe fGF °„^" g mes Organized Activity such as football, baseball, softball, horseshoes, tennis, volleyball, badminton, or any other games, praGtiGes 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. 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 Approved as to form: Laura Lipowski Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. R W-0723 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 2 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 Frank V. Hibbard Mayor By: William B. Horne, II City Manager Approved as to form: Laura Lipowski Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 24 Attachment number 1 Page 2 of 2 THE WINNING INNING, INC. By: By: Randy Holland, President Roy Silver, Vice President Item # 24 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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. Cover Memo Item # 2 Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0376-96767-561300-533-000- 0000 Review Approval: 1) Clerk $555,916 2006 to 2007 Amount $555,916 Annual Operating Cost: Total Cost: Appropriation Comment $555,916 Cover Memo Item # 25 Attachment number 1 Page 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. 1 of 15 Item # 25 Attachment number 1 Page 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 2 of 15 Item # 25 Attachment number 1 Page 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 3 of 15 Item # 25 Attachment number 1 Page 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: 0 1 set of Construction Drawings (signed and sealed by responsible licensed professional) 0 1 set of Construction Specifications (signed and sealed by responsible licensed professional) 0 1 copy of Engineer's Opinion of Cost 0 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. 4 of 15 Item # 25 Attachment number 1 Page 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 5 of 15 Item # 25 Attachment number 1 Page 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 6 of 15 Item # 25 Attachment number 1 Page 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 7 of 15 Item # 25 Attachment number 1 Page 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 8 of 15 Item # 25 Attachment number 1 Page 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 9of15 Item # 25 Attachment number 1 Page 10 of 15 0 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 10 of 15 Item # 25 Attachment number 1 Page 11 of 15 6. 7. 8. 9. STAFF ASSIGNMENT (Consultant): Loren Furland, P.E. (PARSONS) Tory Champlin, PhD, P.E. (PARSONS) Cathleen Jonas, P.G. (SDI) Thomas Missimer, PhD. P.G. (MGS) Project Director Project Manager Project Hydrogeologist (Production) Project Hydrogeologist (Injection) 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 Mane, P.E., with copies to Robert Fahey, E.1 and Todd Petrie, P.E., and others as may be appropriate. 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 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 11 of 15 Item # 25 Attachment number 1 Page 12 of 15 PREPARED BY: Parsons Water and Infrastructure Inc. Loren P. Furland, P.E. Project Director Date APPROVED BY: Parsons Water and Infrastructure Inc. Walid Hatoum, P.E. Sr. Vice President Date 12 of 15 APPROVED BY: Michael D. Quillen, P.E. City Engineer City of Clearwater Date Item # 25 Attachment number 1 Page 13 of 15 Clearwater U` C T p EC ` - , TE 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. 13 of 15 Item # 25 Attachment number 1 Page 14 of 15 Clearwater s'1"gyp v? , W.TE PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM ATTACHMENT "B" ENGINEERING TASK FEE ESTIMATE EXCEL SPREADSHEET 14 of 15 Item # 25 Attachment number 1 Page 15 of 15 (insert Engineering Task Fee Estimate Excel Spreadsheet) 15 of 15 Item # 25 O 0 Ew s. 0 a 0 Ew C7 ? F 0 0 0 - 0 --- 0 0 0 0 0 0 0 0 0 0 0 0_ V') 0 0 0 - v rl? E600 00E600 N E6 r????M, ss ss r C) h 0C 0C 0C N ° N V') `O h `O V') 0C ? 00 `O x ss 1?, C4 o6 v? ss ss ss ss ss ss ss ss ss ? ss ni ?lolooolooloolosslo? r Attachment number 2 Page 1 of 1 -N ? ? u o s. a W G W O W s. ? -N o W ? ? O C/1 F4 W ? AI ? o Ew 0 E? O y ? A a s. 0 a E? 0 0 0 0 0 0 0 0 0? ° °o o `°o `°o - O r M bs bs M vi ni ss o 0 Ids I se ? ? ? ? ids i cr r- 00 00 0C 00 ci' ci' ci' ? O\ M 00 Vl O\ N 00 o? oo r o0 ssssIds ssIdsIds fl fl fl ids fl Ids rr Ids 0 0 0 - 0 0 0 0 0 0 0 0 °o °o °o °o ? ? ? Ids N ? r ids ? ? ? ? Ids Ids Ids oc? d M o p6 06 0 N r Ids ss ss ss ss ssssIds ssIds ssIds i i i i „w Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Other None Budget Adjustment: to Annual Operating Cost: Total Cost: None Cover Memo Item # 26 Attachment number 1 Page 1 of 1 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 t^ be 61PGR private property 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. Item # 26 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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 Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $58,500 2007 to 2012 Budget Adjustment: Annual Operating Cost: Total Cost: None $81,000 $500,000 Appropriation Code 010-09700-530100-513-000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Amount $500,000 Yes Appropriation Comment Bid Number: Bid Exceptions: RFP 06- 07 None Cover Memo Item # 27 Attachment number 1 Page 1 of 3 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: 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 Item # 27 Attachment number 1 Page 2 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, ostage, courier, copies, and long distance telephone calls. At the beginning of the 3rd and 5t 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. Item # 27 Attachment number 1 Page 3 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: Frank V. Hibbard Mayor Approved as to form: Pam Akin City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne City Manager Attest: Cynthia E. Goudeau City Clerk ALCALDE AND FAY By: Hector Alcalde President and CEO Item # 27 4rf` 4, ? 4 ,..i 9 `e City Council Agenda Council Chambers - City Hall Meeting Date: 1/31/2007 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: 0 Permanent loss of useful vision in left eye 0 Traumatic maculopathy with pigmentation 0 Posterior subcapsular cataract. 0 Glaucoma suspect His physician, a board certified ophthalmologist, has rated the permanent physical impairment from injuries received in the accident as follows: 0 Left eye - vision permanently reduced to finger counting 0 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 Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $90,000 $90,000 10/01/06 to 09/30/07 Budget Adjustment: None Annual Operating Cost: 0 Total Cost: $90,000 Appropriation Code Amount Appropriation Comment 590-07000-545900-519000 $90,000 Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 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 Page 1 of 2 Item # 28 Attachment number 1 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: Page 2 of 2 Item # 28 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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 $979,955.25, approve a time extension of 59 days and authorize the appropriate 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 1). Additional amendments will transfer budget and revenue of $11,584.41 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 1). An additional amendment will reduce the budget by $11,369.50 in the 06 Improvement Revenue Bond project 0362-92267, Beach Walk (Phase 1). These amendments will provide sufficient funding for this change order. Type: Capital expenditure Current Year Budget?: None Budget Adjustment: Yes Budget Adjustment Commen ts: 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- 295,914.75 Stormwater 0000 Cover Memo 0378-92267-563800-533-000- 143.900.00 Water 0000 Item # 29 0378-92267-563800-535-000- 539,350.00 Sewer 0000 0378-92267-563800-533-000- 12,160.00 Reclaimed 0000 0362-92267-563700-541-000- (11,369.50) Roads 0000 Bid Required?: No Bid Number: Other Bid / Contract: Change Order Bid Exceptions: Review Approval: 1) Clerk None Cover Memo Item # 29 Change Order No. 1 Attachment number 1 Page 1 of 5 Page 1 of 5 PROJECT: Beach By Design: Coronado Drive Improvements CHANGE ORDER #1 DATE: Tanuary 12, 2007 PROJECT NUMBER: 03-0079-ED PROJECT: Beach By Design: Coronado Drive Improvements PO REFERENCE NO.: 699 ST102021-1 CONTRACTOR: Westra Construction Corporation DATE OF CONTRACT- P.O. Box 1149 Palmetto, FL 34220-1149 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 (1) 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 (0) SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT 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. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT $ 9,850,253.22 Change Order #1 $ 979,955.25 Westra Construction Corporation NEW CONTRACT AMOUNT $ 10,830,208.47 Frank Hibbard, Mayor Carlos Colon, Assistant City Attorney B Y: (SEAL) Michael Beukema, Vice-President Date: Witnesses: ATTEST: Cynthia E. Goudeau, City Clerk Date: Recommended By: City of Clearwater CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager Gary A. Johnson, CGC Public Services Director Michael D. Quillen, P.E. Item # 29 Change Order No. 1 Page 2 of 5 PROJECT: Beach By Design: Coronado Drive Improvements City Engineer CODE "A" 0362-92267-563700-541-000-0000 Increase'Road & Administration' Category Items ADMINISTRATIVE ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST 1002 LAYOUT 1 LS $ 6,000.00 $ 6,000.00 1003 MATERIAL TESTING 1 LS $ 4,000.00 $ 4,000.00 1004 M.O.T. 1 LS $ 12,500.00 $ 12,500.00 Total 'Road & Administration' Item Increase $ 22,500.00 DEMOLITION 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 Tota l 'Demolition' Item Increase $ 26,878.75 PAVING ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST 4002 TYPE 1 CURB INDEX 101 72 LF $ 41.75 $ 3,006.00 4008 SURFACE COURSE 3" 672 SY $ 18.50 $ 12,432.00 4013 SURFACE COURSE 5/8" 672 SY $ 23.50 $ 15,792.00 4015 CONCRETE SIDEWALK - 4" 175 SF $ 6.25 $ 1,093.75 4017 CONCRETE DRIVEWAYS - 6" 1701 SF $ 8.75 $ 14,883.75 4020 MATCH EXISTING PAVEMENT 3 EA $ 2,200.00 $ 6,600.00 WITH TAPER Total 'Paving' Item Increase $ 53,807.50 SIGNING AND PAVEMENT MARKINGS ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST 6001 THERMOPLASTIC PAVEMENT 3 EA $ 90.00 $ 270.00 ARROWS 6002 THERMOPLASTIC PAVEMENT 8 EA $ 117.00 $ 936.00 LETTERS 6006 SOLID 6" THERMO - WHITE 1100 LF $ 0.90 $ 990.00 6008 SOLID 6" THERMO - DOUBLE 525 LF $ 1.75 $ 918.75 YELLOW 6011 SOLID 24" THERMO - WHITE 22 LF $ 4.75 $ 104.50 6014 "LEFT LANE MUST TURN LEFT" 1 EA $ 525.00 $ 525.00 (R3-7L) 6017 "SPEED LIMIT 25" (R2-1) 1 EA $ 500.00 $ 500.00 Total'Siging & Pavement Markings' Added Item Increase $ Decrease 'Road & Administration' Category Item - Code "A" 0362-92267-563700-541-000-0000 ADMINISTRATIVE ITEM DESCRIPTION QUANTITY UNIT UNIT COST 1005 CONSTRUCT AND MAINTAIN 1 LS $ 72,500.00 $ GULFVIEW BY-PASS DEMOLITION ITEM DESCRIPTION 2002 DUST CONTROL - CALCIUM CHLORIDE 4,244.25 EXTENDED COST (72,500.00) Total 'Administrative' Item Decrease $ (72,500.00) QUANTITY UNIT UNIT COST EXTENDED COST 400 TN $ 115.75 $ (46,300.00) Attachment number 1 Page 2 of 5 Item # 29 Change Order No. 1 Page 3 of 5 PROJECT: Beach By Design: Coronado Drive Improvements Total 'Demolition' Item Decrease $ (46,300.00) CODE "C" 0377-92267-563700-539-000-0000 Increase 'Drainage' Category Items ITEM DESCRIPTION 3001 MH T DIA 3003 INLET FDOT TYPE 3 MODIFIED 3019 DEWATER STORM SEWER TRENCH 3020 STORM TRENCH REPLACEMENT 3027 16" DIP (STORM) 3028 15" RCP (STORM) 3029 18" RCP (STORM) 3030 24" RCP (STORM) 3033 36" RCP (STORM) 3035 48" RCP (STORM) Total'Stormwater' Item Increase $ Add New 'Drainage' Category Items - Code "C" 0377-92267-563700-539-000-0000 Net increase/(decrease) Item Code "A " $ (11,369.50) QUANTITY UNIT UNIT COST EXTENDED COST 2 EA $ 5,850.00 $ 11,700.00 2 EA $ 7,000.00 $ 14,000.00 490 LF $ 30.00 $ 14,700.00 114 LF $ 70.00 $ 7,980.00 99 LF $ 93.00 $ 70 LF $ 75.75 $ 32 LF $ 82.75 $ 30 LF $ 103.00 $ 229 LF $ 160.00 $ 355 LF $ 415.25 $ 9,207.00 5,302.50 2,648.00 3,090.00 36,640.00 147,413.75 252,681.25 ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST 3049 19 X 30" ERCP 109 LF $ 131.50 $ 14,333.50 3050 FDOT INLET TYPE V 3 EA $ 8,525.00 $ 25,575.00 3051 BRICK & MORTAR PLUG 18" PIPE 1 EA $ 550.00 $ 550.00 3052 BRICK & MORTAR PLUG 36" PIPE 1 EA $ 775.00 $ 1 LS $ 1,250.00 $ 1 EA $ 750.00 $ 775.00 3053 REVISIONS TO STR C -22 3054 BRICK & MORTAR PLUG 19" X 30" 1,250.00 750.00 Total'Stormwater' Added Items Increase $ 43,233.50 Net increase/(decrease) Item Code "C" $ 295,914.75 CODE 7" 0378-92267-563800-533-000-0000 Increase Water' Category Items ITEM DESCRIPTION 5001 2" WATERMAIN 5003 WATERMAIN 8" 5015 WATER VALVE 8" 5020 CAST IRON FITTING 5025 CONNECT TO EX WATER QUANTITY UNIT UNIT COST EXTENDED COST 200 LF $75.00 $ 15,000.00 500 LF $180.00 $ 90,000.00 1 EA $1,400.00 $ 1,400.00 0.5 TN $3,500.00 $ 1,750.00 1 EA $3,500.00 $ 3,500.00 Total 'Water' Item Increase $ 111,650.00 Add New'Water' Category Items - Code "F" 0378-92267-533-000-0000 ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST 5041 1" CORP/1" CURB STOP 1 EA $525.00 $ 525.00 COMBINATION (WATER SERVICE) 5042 2" CORP STOP / 2" CURB BALL 7 EA $875.00 $ 6,125.00 VALVE COMBINATION (WATER SERVICE) 5043 1" POLY PIPING (WATER 10 LF $40.00 $ 400.00 SERVICE) Attachment number 1 Page 3 of 5 Item # 29 Change Order No. 1 Page 4 of 5 PROJECT: Beach By Design: Coronado Drive Improvements 5044 3" PVC CASING (WATER 420 LF $60.00 $ SERVICE) 25,200.00 Total 'Water' Category Added Items Increase $ 32,250.00 Net increase/(decrease) Item Code "F" $ 143,900.00 Attachment number 1 Page 4 of 5 Item # 29 Change Order No. 1 Page 5 of 5 PROJECT: Beach By Design: Coronado Drive Improvements CODE "H " 0378-92267-535-000-0000 Increase 'Sewer' Category Items ITEM DESCRIPTION QUANTITY UNIT UNIT COST EXTENDED COST AU/ EEI 10VE AND EEPLACE hill) LF S 1'o.00 5 ti1,(,00.00 SANITARY - 8" 5031 UTILITY PIPE TO BE REMOVED 200 LF $ 62.00 $ 12,400.00 </+ 10" DIAMETER 5035 INSTALL NEW SANITARY 4 EA $ 4,800.00 $ MANHOLES 5036 REMOVE EXISTING SANITARY 4 EA $ 675.00 $ MANHOLES Total 'Sewer' Item Increase _ $ Add New 'Sewer' Category Items - Code "H" 0378-92267-535-000-0000 5045 8" X 6" DIP WYES 46 EA $ 1,575.00 $ 5046 6" LATERAL SERVICE PIPING 1600 LF $ 162.50 $ (SANITARY) 5047 SAN TRENCH PAVEMENT 1300 LF $ 70.00 $ REPLACEMENT _ Total 'Sewer' Added Items Increase $ Net increase/(decrease) Item Code "H" $ CODE "J " 0378-92267-563800-533-000-0000 Increase 'Reclaimed' Category Item ITEM DESCRIPTION 5006 RECLAIMED WATER MAIN 12" 5026 CONNECT TO EXISTING RECLAIMED WATER 5032n UTILITY PIPE TO BE REMOVED >10", <20" QUANTITY UNIT UNIT COST EXTENDED COST 20 LF $ 181.00 $ 3,620.00 2 EA $ 3,500.00 $ 7,000.00 20 LF $ 77.00 $ 1,540.00 Total Addition of New Line Items # $ 12,160.00 Net increase/(decrease) Item Code "J" $ 12,160.00 Total Increase/(Decrease) Change Order No. 1 $ 979,955.25 19,200.00 2,700.00 115,900.00 72,450.00 260,000.00 91,000.00 423,450.00 539,350.00 Attachment number 1 Page 5 of 5 Item # 29 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 2 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. Resolution &r6l_J 30 Attachment number 1 Page 2 of 2 Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Resolution &r6l_J 30 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall 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) Clerk Cover Memo Item # 31 Attachment number 1 Page 1 of 2 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; Resolution Ndeffi-Oz81 Attachment number 1 Page 2 of 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 Approved as to form: Pamela K. Akin City Attorney day of , 2007. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Resolution Nd-#z81 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 32 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Expected activities between now and March election. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 33 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Travel Budget for Incoming Councilmembers SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 34 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Special Meeting to Administer Oath to Incoming Councilmembers SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 35 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Video Tape Retention SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 36 Meeting Date: 1/31/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 37