11/06/2014Thursday, November 6, 2014
6:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
City Council
Meeting Agenda
November 6, 2014City Council Meeting Agenda
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. Special recognitions and awards (Proclamations, service awards, or other
special recognitions)
4.1 Mayor’s Challenger Game Jersey Pass Off - Dunedin Mayor Eggers
4.2 Introduction of Nagano Teacher
4.3 Pancreatic Cancer Awareness Month Proclamation
4.4 Jazz Holiday
4.5 Suncoast Jazz Classic Weekend Proclamation
5. Approval of Minutes
5.1 Approve the minutes of the October 15, 2014 City Council Meeting as
submitted in written summation by the City Clerk.
6. Citizens to be heard re items not on the agenda
Page 2 City of Clearwater Printed on 11/4/2014
November 6, 2014City Council Meeting Agenda
7. Consent Agenda
The Consent Agenda contains normal, routine business items that are
very likely to be approved by the City Council by a single motion. These
items are not discussed, and may all be approved as recommended on
the staff reports. Council questions on these items were answered prior
to the meeting. The Mayor will provide an opportunity for a
Councilmember or a member of the public to ask that an item be pulled
from the Consent Agenda for discussion. Items pulled will receive
separate action. All items not removed from the Consent Agenda will be
approved by a single motion of the council.
7.1 Approve payment to reimburse Water and Sewer Enterprise Fund for
emergency repairs made to the East Wastewater Pollution Control Plant in the
amount of $37,386.42, per Claim 14000327, and authorize the appropriate
officials to execute same. (consent)
7.2 Approve an agreement between the City of Clearwater and the School Board
of Pinellas County, Florida providing for the continuation of the School
Resource Officer (SRO) program at Clearwater High School, Countryside High
School and Oak Grove Middle School for a one-year period commencing July
1, 2014 through June 30, 2015 and authorize the appropriate officials to
execute same. (consent)
7.3 Approve acceptance of Florida Department of Transportation (FDOT) High
Visibility Enforcement (HVE) for Pedestrian and Bicycle Safety Grant Award in
the amount of $94,230 for police overtime and related fringe benefits and
authorize the appropriate officials to execute same. (consent)
7.4 Approve Change Order 1 to Rowland, Inc. of Pinellas Park, Florida for the
Smallwood Circle Drainage and Edgewood Avenue Sanitary Sewer
Improvements projects (11-0057-EN and 10-0027-EN) in the amount of
$148,718.00, for a new contract total of $2,493,860.97, approve a time
extension of 95 days for completion of additional work and unforeseen field
conditions, and authorize the appropriate officials to execute same. (consent)
7.5 Accept a Sewer Utility Easement conveyed by 520HC, LLC over property
located at 520 Howard Court, Clearwater. (consent)
7.6 Award a Contract (Blanket Purchase Order) to Harris Corporation of
Lynchburg, VA for an amount not to exceed $550,000 for quarterly payments
during the period November 1, 2014 through October 31, 2016 toward the
20-Year Maintenance Agreement for the City’s radio system approved by
Council on June 20, 2002 and authorize the appropriate officials to execute the
same. (consent)
7.7 Appoint Rosemarie Kibitlewski to the Library Board to fill the remainder of an
unexpired term through June 30, 2017. (consent)
Page 3 City of Clearwater Printed on 11/4/2014
November 6, 2014City Council Meeting Agenda
7.8 Appoint Jamie Blackstone and Debra Swisher for the resident representatives
category and appoint Katie See for the Agency or Government representative
category to the Brownfields Advisory Board with terms to expire November 30,
2018. (consent)
7.9 Authorize settlement of Alvarez v. City of Clearwater, Case No.
12-004212-CI-021, for payment by City of $45,000.00 in exchange for a full
release from plaintiff and dismissal of action with prejudice. (consent)
7.10 Approve the acquisition of real property located at 421 McMullen Booth Road
through a public auction conducted by the Pinellas County Clerk of the Circuit
Court; approve a not-to-exceed amount of $215,000 for bidding purposes with
total expenditures not to exceed $235,000; establish a new CIP entitled Park
Land Acquisition (CIP315-93133), in the amount of $235,000; transfer funds
from Recreation Land impact fees at first quarter to cover this purchase; and
authorize appropriate officials to execute instruments required to affect closing.
(consent)
Public Hearings - Not before 6:00 PM
8. 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
8.1 Provide direction on the proposed Development Agreement between Bayway
Hotel Holdings, LLC. (the property owner) and the City of Clearwater, providing
for the allocation of 15 units from the Hotel Density Reserve under Beach by
Design and confirm a second public hearing in City Council Chambers before
City Council on November 20, 2014 at 6:30 p.m., or as soon thereafter as may
be heard. (HDA2014-08006; 706 Bayway Boulevard)
8.2 Provide direction on the proposed Development Agreement between Elias
Anastasopoulos and Anastasios Anastasopoulos (the property owners),
Captain Bligh’s Landing, Inc. (the Developer) and the City of Clearwater,
providing for the allocation of 100 units from the Hotel Density Reserve under
Beach by Design and confirm a second public hearing in City Council
Chambers before City Council on November 20, 2014 at 6:30 p.m., or as soon
thereafter as may be heard. (HDA2014-08007; 630 South Gulfview Boulevard)
9. Second Readings - Public Hearing
Page 4 City of Clearwater Printed on 11/4/2014
November 6, 2014City Council Meeting Agenda
9.1 Adopt Ordinance 8593-14 on second reading, annexing certain real property
whose post office addresses are 1250 Palm Street and 1325 Idlewild Drive,
together with the abutting right-of-way of Idlewild Drive, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
9.2 Adopt Ordinance 8594-14 on second reading, amending the future land use
plan element of the Comprehensive Plan of the city to designate certain real
property whose post office addresses are 1250 Palm Street and 1325 Idlewild
Drive, together with the abutting right-of-way of Idlewild Drive, upon annexation
into the City of Clearwater, as Residential Urban (RU).
9.3 Adopt Ordinance 8595-14 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office addresses are 1250
Palm Street and 1325 Idlewild Drive, together with the abutting right-of-way of
Idlewild Drive, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR) and Medium Density Residential (MDR).
9.4 Adopt Ordinance 8596-14 on second reading, annexing certain real property
whose post office addresses are 1452 Grove Circle Court, 1473 Grove Circle
Court, and 1479 Grove Circle Court, all in Clearwater, Florida, 33755 into the
corporate limits of the city and redefining the boundary lines of the city to
include said addition.
9.5 Adopt Ordinance 8597-14 on second reading, amending the future land use
plan element of the Comprehensive Plan of the city to designate certain real
property whose post office addresses are 1452 Grove Circle Court, 1473
Grove Circle Court, and 1479 Grove Circle Court, all in Clearwater, Florida,
33755, upon annexation into the City of Clearwater, as Residential Low (RL).
9.6 Adopt Ordinance 8598-14 on second reading, amending the Zoning Atlas of
the city by zoning certain real property whose post office addresses are 1452
Grove Circle Court, 1473 Grove Circle Court, and 1479 Grove Circle Court, all
in Clearwater, Florida, 33755, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
10. Presentations (by government agencies or groups providing formal updates
to Council)
10.1 City Grant Strategic Plan - Mike Langton, Langton & Assoc.
11. City Manager Reports
11.1 Amend Ordinances 3674-84 and 6915-01, providing changes to Reserve
Requirements for future Water and Sewer revenue bonds and other updates to
the ordinances; and pass Ordinance 8620-14 on first reading.
Page 5 City of Clearwater Printed on 11/4/2014
November 6, 2014City Council Meeting Agenda
11.2 Appoint two members to the Marine Advisory Board, one to fill the remainder of
an unexpired term through March 31, 2015 and one to fill the remainder of an
unexpired term through March 31, 2017.
11.3 Downtown Subcommittee Meetings
12. City Attorney Reports
13. Other Council Action
13.1 Approve a 3% base salary merit increase for the City Manager and City
Attorney to be effective with the pay period beginning November 15, 2014.
14. Closing comments by Councilmembers (limited to 3 minutes)
15. Closing Comments by Mayor
16. Adjourn
Page 6 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-645
Agenda Date: 11/6/2014 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and awards (Proclamations,
service awards, or other special
recognitions)
In Control: City Council
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Mayor’s Challenger Game Jersey Pass Off - Dunedin Mayor Eggers
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-628
Agenda Date: 11/6/2014 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and awards (Proclamations,
service awards, or other special
recognitions)
In Control: City Council
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Introduction of Nagano Teacher
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-579
Agenda Date: 11/6/2014 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and awards (Proclamations,
service awards, or other special
recognitions)
In Control: City Council
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Pancreatic Cancer Awareness Month Proclamation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-630
Agenda Date: 11/6/2014 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and awards (Proclamations,
service awards, or other special
recognitions)
In Control: City Council
Agenda Number: 4.4
SUBJECT/RECOMMENDATION:
Jazz Holiday
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-644
Agenda Date: 11/6/2014 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and awards (Proclamations,
service awards, or other special
recognitions)
In Control: City Council
Agenda Number: 4.5
SUBJECT/RECOMMENDATION:
Suncoast Jazz Classic Weekend Proclamation
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-652
Agenda Date: 11/6/2014 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the October 15, 2014 City Council Meeting as submitted in written
summation by the City Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
City Council Meeting Minutes October 15, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Wednesday, October 15, 2014
6:00 PM
Council Chambers
City Council
Page 1 City of Clearwater
Draft
City Council Meeting Minutes October 15, 2014
Roll Call
Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Councilmember Jay E. Polglaze
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
Unapproved 1. Call to Order - Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Pastor Elijah McGill from New Destiny Worship Center 3. Pledge of Allegiance - Vice Mayor Hock-DiPolito
4. Special recognitions and awards (Proclamations, service awards, or other
special recognitions) - Given.
4.1 Service Awards
One service award was presented to a city employee.
4.2 Countryside High School - Principal Gary Schlereth
Principal Schlereth thanked Council for their support and reviewed recent
school accomplishments and goals for the current school year.
4.3 Pro Bono Week Proclamation, October 19-25, 2014 - Karen France, Clearwater Bar
Association
4.4 Dysautonomia Awareness Month Proclamation, October 2014 - Kelly Freeman, Nate
Freeman, and Andrea Layman
4.5 National Arts and Humanities Month Proclamation, October 2014 - Suzanne Ruley,
Vice President of the Clearwater Arts Alliance
4.6 Maxima’s 2014 Hispanic Heritage Concert - Nio Fernandez, Program Director 92.5
Mr. Fernandez thanked Council and city staff for their continued support
and presented Council with a framed commemorative poster
autographed by the performers.
Page 2 City of Clearwater
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City Council Meeting Minutes October 15, 2014
4.7 United Way Month Proclamation, October 15 - November 14, 2014 - Jen Obermaier,
2014 City Campaign Chair
4.8 End of Session Report - Peter Dunbar and Martha Edenfield, Dean Mead
5. Approval of Minutes
5.1 Approve the minutes of the October 2, 2014 City Council meeting as submitted in
written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the
October 2, 2014 City Council meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Thomas West expressed concerns regarding potholes along State
Street created by the Idlewild Sewer Project contractor.
Chuck Johnston said the Clearwater Horeshoe Club will be celebrating
forty years at Ed Wright Park in November and will be hosting the
2015 and 2016 State Good Life Games.
Joseph Corvino and Tom Nocera expressed concerns with Closing
Comments by Councilmembers portion of the meeting being used to
respond to comments made by citizens regarding items not on the
agenda when citizens are not present to respond.
State Representative Ed Hooper thanked Council for working with him during
his time with the State Legislature. 7. Consent Agenda - Approved as submitted, less Item 7.6.
7.1 Approve an amendment to the agreement with Gabriel Roeder Smith and Company
for actuarial services for the City’s Other Post Employment Benefits (OPEB) liability, to
extend the agreement for two years, to December 31, 2016, with an additional
not-to-exceed amount of $17,500, and authorize the appropriate officials to execute
same. (consent)
7.2 Approve acceptance of U.S. Department of Justice, National Institute of Justice (NIJ)
Grant Award in the amount of $30,671 for funding for Clearwater Police Department’s
(CPD) Cold Case Team Project and authorize the appropriate officials to execute
same. (consent)
7.3 Approve revised Florida Department of Transportation (FDOT) Traffic Signal
Maintenance and Compensation Agreement, which allows the City to be financially
Page 3 City of Clearwater
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City Council Meeting Minutes October 15, 2014
reimbursed by FDOT for maintaining state traffic signals on the state highway system
within the City limits and authorize the appropriate officials to execute same. (consent)
7.4 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the
amount of $ 534,000.00 for the purchase of one new Pierce Heavy Duty Velocity
Pumper in accordance with Sec. 2.564 (1)(d), Code of Ordinances, - Other
governmental bid, and authorize the appropriate officials to execute same. (consent)
7.5 Approve the combining of the Solid Waste Fund and the Recycling Fund for the
purposes of financial statement presentation, residential rate presentation, and the
application of Council policy for reserve requirement and provide an effective date.
(consent)
7.6 Approve establishing a new Capital Improvement Project entitled Transfer Station
Rebuild (CIP 315-96447) for $1,000,000, to be funded from unappropriated retained
earnings of the Solid Waste Fund, for preliminary site work to include but not limited to
geotechnical surveys, land surveys, and preliminary design needed for the new
Transfer Station facility. (consent)
See Below
7.7 Approve a contract with Florida Division of Administrative Hearings (DOAH) to provide
Hearing Officers for the Civil Service Administration and authorize the appropriate
officials to execute same. (consent)
Vice Mayor Hock-DiPolito moved to approve the Consent Agenda as
submitted, less Item 7.6, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
7.6 Approve establishing a new Capital Improvement Project entitled Transfer Station
Rebuild (CIP 315-96447) for $1,000,000, to be funded from unappropriated retained
earnings of the Solid Waste Fund, for preliminary site work to include but not limited to
geotechnical surveys, land surveys, and preliminary design needed for the new
Transfer Station facility. (consent)
Since 1970, the City of Clearwater has operated a centrally-located solid waste
transfer station. This facility is used by department route trucks to increase
efficiency, by allowing the trucks to dump quickly and return to route collection.
At the time of its construction, the Transfer Station facility was projected to last
for twenty years and handle up to 400 tons of waste weekly. Currently the
facility is forty-four years old and is depended upon to handle an average of
340 tons of waste daily. The facility’s age, increased tonnage, increased
maintenance requirements, and deterioration of the building and its foundation
necessitates that a new facility be constructed.
Page 4 City of Clearwater
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City Council Meeting Minutes October 15, 2014
After preliminary designs and surveys are completed, the department will
present to Council a total cost for the project. The total cost of the project is
expected to be in the range of $18 million to $20 million.
APPROPRIATION CODE AND AMOUNT:
0-424-00000-389902 Unappropriated Retained Earnings
In response to questions, Solid Waste and General Services Director
Earl Gloster said if the transfer station was not constructed, $2.2 million
would be needed to purchase additional vehicles: 2 automated side
loaders, 2 front loaders, and 2 roll-off trucks. The cost for vehicle
replacement would be scheduled as needed. The $3.3 million-avoided
cost includes personnel and fuel costs.
Councilmember Polglaze moved to approve establishing a new
Capital Improvement Project entitled Transfer Station Rebuild (CIP
315-96447) for $1,000,000, to be funded from unappropriated
retained earnings of the Solid Waste Fund, for preliminary site work
to include but not limited to geotechnical surveys, land surveys,
and preliminary design needed for the new Transfer Station facility.
The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings
8.1 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1452, 1473, and 1479 Grove Circle Court (Grove Circle Subdivision Lots 8,
12, and 13 in Section 2, Township 29 South, Range 15 East); and pass Ordinances
8596-14, 8597-14 and 8598-14 on first reading. (ANX2014-07013)
This voluntary annexation petition involves three parcels of land totaling 0.719
acres. Two parcels are occupied by a single-family dwelling, and the third
parcel is currently vacant. The three lots are on Grove Circle Court generally
south of Sunset Point Road (SR 576), east of Kings Highway, north of
Palmetto Street, and west of North Highland Avenue. The applicants are
requesting annexation in order to receive solid waste service from the City, and
will connect to City sewer when it is available in the future, as part of the City’s
Grove Circle Court Septic-to-Sewer Project. The properties are contiguous to
existing City boundaries along at least one boundary. It is proposed that the
properties be assigned a Future Land Use Map designation of Residential Low
(RL) and a Zoning Atlas designation of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Clearwater Community Page 5 City of Clearwater
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City Council Meeting Minutes October 15, 2014
Development Code Section 4-604.E as follows:
• The properties currently receive water service from the City. Collection
of solid waste will be provided to the properties by the City. The
applicants will connect to the City’s sanitary sewer service when it is
available, and are aware of the fee that must be paid in order to
connect and the financial incentives available. The properties are
located within Police District II and service will be administered through
the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to the properties by
Station 51 located at 1720 Overbrook Avenue. The City has adequate
capacity to serve the properties with sanitary sewer, solid waste, police,
fire and EMS service. The proposed annexations will not have an
adverse effect on public facilities and their levels of service; and
• The proposed annexations are consistent with and promote the
following objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the properties is the Low Medium Density Residential (LMDR)
District. The use of the subject properties are consistent with the uses
allowed in the District and the properties exceed the District’s minimum
dimensional requirements. The proposed annexations are therefore
consistent with the Countywide Plan and the City’s Comprehensive
Plan and Community Development Code; and
The properties proposed for annexation are contiguous to existing City
boundaries along at least one property boundary; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Hamilton moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1452, 1473, and 1479 Grove Circle Court (Grove
Circle Subdivision Lots 8, 12, and 13 in Section 2, Township 29
Page 6 City of Clearwater
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City Council Meeting Minutes October 15, 2014
South, Range 15 East). The motion was duly seconded and carried
unanimously.
Ordinance 8596-14 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8596-14 on first
reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes:5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
Ordinance 8597-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8597-14 on first
reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes:5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
Ordinance 8598-14 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 8598-14 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
8.2 Approve the Annexation, initial Land Use Plan Designation of Residential Urban (RU)
and initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) and
Medium Density Residential (MDR) District for 1250 Palm Street and 1325 Idlewild
Drive (consisting of portions of Section 03, Township 29 North, Range 15 East)
together with all abutting right-of-way of Idlewild Drive; and pass Ordinances 8593-14,
8594-14 and 8595-14 on first reading. (ANX2014-08014)
These voluntary annexation petitions involve two parcels of land totaling 0.256
acres. Both parcels are occupied by single-family dwellings. Both lots are
located generally south of Union Street, east of Douglas Avenue, north of
Sunset Point Road (State Road 576) and west of Kings Highway. The
applicants are requesting annexation in order to receive solid waste service
from the City and will connect to City sewer when it is available in the future as
part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The properties are
contiguous to existing City boundaries to the east and south. It is proposed that
the properties be assigned a Future Land Use Plan designation of Residential
Urban (RU) and Zoning Atlas designations of Low Medium Density Residential
(LMDR) and Medium Density Residential (MDR).
Page 7 City of Clearwater
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City Council Meeting Minutes October 15, 2014
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Community Development
Code Section 4-604.E as follows:
• The properties currently receive water service from the City. The
applicants will connect to the City’s sanitary sewer service when it is
available, and are aware of the fee that must be paid in order to
connect and the financial incentives available. Collection of solid waste
will be provided by the City of Clearwater. The property is located within
Police District II and service will be administered through the district
headquarters located at 645 Pierce Street. Fire and emergency medical
services will be provided to this property by Station 51 located at 1720
Overbrook Avenue. The City has adequate capacity to serve this
property with sanitary sewer, solid waste, police, fire and EMS service.
The proposed annexations will not have adverse effects on public
facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed RU Future Land Use Plan category is consistent with the
current Countywide Plan designation of this property. This designation
primarily permits residential uses with a density of 7.5 units per acre.
The proposed zoning districts to be assigned to the properties are the
Low Medium Density Residential (LMDR) and Medium Density
Residential (MDR) Districts. The use of the subject properties are
consistent with the uses allowed in the Districts. One parcel meets the
District’s minimum lot area requirement and one would meet it through
the Flexible Standard Development requirements. Both lots meet the
District’s minimum lot width requirement. The proposed annexation is
therefore consistent with the Countywide Plan and the City’s
Comprehensive Plan and Community Development Code; and
• The properties proposed for annexation are contiguous to existing City
boundaries to the east and south; therefore the annexation is consistent
with Florida Statutes Chapter 171.044.
Councilmember Hamilton moved to approve the Annexation, initial
Land Use Plan Designation of Residential Urban (RU) and initial Page 8 City of Clearwater
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City Council Meeting Minutes October 15, 2014
Zoning Atlas Designation of Low Medium Density Residential
(LMDR) and Medium Density Residential (MDR) District for 1250
Palm Street and 1325 Idlewild Drive (consisting of portions of
Section 03, Township 29 North, Range 15 East) together with all
abutting right-of-way of Idlewild Drive. The motion was duly
seconded and carried unanimously.
Ordinance 8593-14 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8593-14 on first
reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes:5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
Ordinance 8594-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to pass Ordinance 8594-14 on first
reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes:5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
Ordinance 8595-14 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 8595-14 on first
reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
8.3 Approve a Development Agreement between Decade Sea Captain LLC. (the property
owner) and the City of Clearwater, providing for the allocation of 66 units from the
Hotel Density Reserve established in Beach by Design; adopt Resolution 14-32, and
authorize the appropriate officials to execute same. (HDA2014-07004 - 40 Devon
Drive)
Development Proposal:
Following the City Council meeting of October 2, 2014, the applicant revised
the proposal to include sidewalks along Devon Drive to match the existing and
have included a bicycle rack on the first floor of the hotel.
The owners propose to utilize the otherwise permitted density of 32 units and
incorporate 66 units from the Hotel Density Reserve through Beach by Design
resulting in a total of 98 units (149 units per acre). It should be reiterated that
Page 9 City of Clearwater
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City Council Meeting Minutes October 15, 2014
the only portion of the site which provides intensity of use is the 0.659 acre
portion within the T District.
This proposal terminates DVA2010-08001 and allocates a total of 66 units to
the project from the Hotel Density Reserve pursuant to Beach by Design.
Consistency with the Community Development Code (CDC):
No changes have been made to the Conceptual Site Plan presented at the
October 2, 2014 City Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the CDC with regard to:
Minimum Lot Area and Width
Minimum Setbacks
Maximum Height
Minimum Off-Street Parking
Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the
October 2, 2014 City Council meeting. The Conceptual Site Plan continues to
appear to be consistent with the Beach by Design with regard to:
Design Guidelines
Hotel Density Reserve
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
Provides for the allocation of 66 units from the Hotel Density Reserve or a
maximum density of 148.7 units per acre;
Requires the developer to obtain building permits and certificates of
occupancy in accordance with Section 4-407, CDC;
Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight accommodation
usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I, CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
Page 10 City of Clearwater
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City Council Meeting Minutes October 15, 2014
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
The Planning and Development Department is recommending approval of this
Development Agreement for the allocation of up to 66 units from the Hotel
Density Reserve under Beach by Design.
Councilmember Hamilton moved to approve a Development
Agreement between Decade Sea Captain LLC. (the property owner)
and the City of Clearwater, providing for the allocation of 66 units
from the Hotel Density Reserve established in Beach by Design.
The motion was duly seconded and carried unanimously.
The Council recessed from 7:30 p.m. to 7:44 p.m.
Resolution 14-32 was presented and read by title only.
Councilmember Jonson moved to adopt Resolution 14-32. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8587-14 on second reading, adopting an Interlocal Service
Boundary Agreement with Pinellas County.
Ordinance 8587-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to adopt Ordinance 8587-14 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.2 Adopt Ordinance 8591-14 on second reading, amending Chapter 32, Article VIII,
Clearwater Code of Ordinances relating to gas services, providing for the use of
subcontractors in the fulfillment of Gas services, providing for delivery of gas at
varying pressures, and providing for discretion by Clearwater Gas System in providing
certain optional services; amending Appendix A, Code of Ordinances to revise rates
for Clearwater Gas System customers. Page 11 City of Clearwater
Draft
City Council Meeting Minutes October 15, 2014
Ordinance 8591-14 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 8591-14 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.3 Adopt Ordinance 8607-14 on second reading, amending the provisions of Chapter 2,
Article V., Division 3., Code of Ordinances to comply with Section 401(a)(31)(B) of the
Internal Revenue Code.
Ordinance 8607-14 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8607-14 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.4 Adopt Ordinance 8612-14 on second reading, amending the Money Purchase
Pension Plan to comply with the Internal Revenue Code, and codifying the amended
Second Restatement of the Money Purchase Pension Plan.
Ordinance 8612-14 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8612-14 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
10. Presentations (by government agencies or groups providing formal updates to
Council)
10.1 Community Dental Clinic - Steve Heller
Mr. Heller provided a PowerPoint presentation regarding the Clinic's
accomplishments during its first year anniversary and future fundraising
efforts. He thanked Council and city staff for their continued support.
10.2 Solid Waste and Recycling Rate Study Presentation - Burton and Associates
There was consensus that a presentation was not needed since the
Page 12 City of Clearwater
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City Council Meeting Minutes October 15, 2014
presentation was given at the work session.
11. City Manager Reports
11.1 Approve establishing a new Capital Improvement Project entitled Recycling
Processing Center Expansion and Upgrade (CIP 315-96809) for $1,000,000, to be
funded from unappropriated retained earnings of the Recycling Fund, for preliminary
site work to include but not limited to geotechnical surveys, land surveys, preliminary
design, and equipment needed for the new Recycling Processing facility. (consent)
In October 2013, the City of Clearwater converted residential recycling
collection from manual collection of 18 gallon bins to automated collection
using 96 gallon carts. This change has allowed our residents to continue
recycling everything they had always recycled while adding cardboard, glass,
and cartons (gable top and aseptic containers) to the mix. The first twelve
months of the expanded residential program (October 2013 through
September 2014) has seen an average monthly collection increase from 160
tons/month to 440 tons/month.
This project will provide for the expansion of the recycling processing center
and the addition of processing equipment. The expansion is necessary for the
increased volumes of recyclables and the processing equipment necessary to
separate the co-mingled materials for market, because separated materials
bring a substantially higher market price than co-mingled materials.
After preliminary designs and surveys are completed, the department will
present to Council a total cost for the project. The total cost of the project is
expected to be in the range of $3 million to $4 million.
APPROPRIATION CODE AND AMOUNT:
0-426-00000-389902 Unappropriated Retained Earnings
In response to questions, Solid Waste and General Services Controller
David Powers said the current balance for the Recycling Unappropriated
Returned Earnings are approximately $3 million. Solid Waste and
General Services Director Earl Gloster said staff plans to fund the
remaining balance project from the Solid Waste Reserve Fund. Mr.
Powers said the annual incremental difference between operating the
recycling processing center or not is approximately $25,000, which
includes the amortization of the equipment. Mr. Gloster said staff
anticipates total project cost will be approximately $500,000. The
Department considers recycling a core competency of the City, which
began in 1996. The proposed project updates the City's recycling
Page 13 City of Clearwater
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City Council Meeting Minutes October 15, 2014
service to the 21st century and eliminates the third party, increasing city
revenue. The old curbside trucks are headed to auction.
Councilmember Polglaze moved to approve establishing a new
Capital Improvement Project entitled Recycling Processing Center
Expansion and Upgrade (CIP 315-96809) for $1,000,000, to be
funded from unappropriated retained earnings of the Recycling
Fund, for preliminary site work to include but not limited to
geotechnical surveys, land surveys, preliminary design, and
equipment needed for the new Recycling Processing facility. The
motion was duly seconded and carried unanimously.
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
11.2 Appoint a member to the Community Development Board to fill the remainder of an
unexpired term through February 28, 2017.
Due to a procedural error at the October 2, 2014 council meeting, Council must
rehear this item.
Councilmember Jonson moved to appoint Christopher J.
Anuszkiewicz to the Community Development Board to fill the
remainder of an unexpired term through February 28, 2017. The
motion failed for lack of a second.
One individual supported Christopher Anuszkiewicz.
Discussion ensued with comments made that Mr. Allbritton has the
expertise and skill set currently needed on the Board.
The City Clerk said there will be vacancies on the Community Development
Board in February 2015.
Vice Mayor Hock-DiPolito moved to appoint David Allbritton to the
Community Development Board to fill the remainder of an
unexpired term through February 28, 2017. The motion was duly
seconded and carried unanimously.
11.3 Appoint three members to the Municipal Code Enforcement Board with terms to expire
October 31, 2017.
Page 14 City of Clearwater
Draft
City Council Meeting Minutes October 15, 2014
Vice Mayor Hock-DiPolito moved to appoint Christopher J.
Anuszkiewicz, Wayne Carothers, and Mike Riordon to the Municipal
Code Enforcement Board with terms to expire October 31, 2017.
The motion was duly seconded and carried unanimously.
12. City Attorney Reports - None. 13. Other Council Action
13.1 City Attorney Evaluation
AND
13.2 City Manager Evaluation
Councilmembers gave positive evaluations of the City Attorney and City
Manager.
14. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Jonson thanked the Mayor for his letter to the Army
Corps of Engineers, requesting consideration to apply recent changes to
cost sharing to the Stevenson Creek project. Councilmember Jonson
reviewed PSTA's UPass program for USF St. Pete students and stated
that Greenlight Pinellas is a huge opportunity for economic development
and personal freedom for those who are unable to drive.
Councilmember Hamilton appreciated Messrs. Nocera and Corvino
sitting in the audience and quoted saying by former Councilmember
J.B. Johnson, "we can disagree without being disagreeable." 15. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events, and wished
Councilmember Jonson a Happy Birthday. 16. Adjourn
The meeting adjourned at 8:45 p.m.
Mayor
City of Clearwater
Attest
City Clerk
Page 15 City of Clearwater
Draft
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-577
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Finance
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Approve payment to reimburse Water and Sewer Enterprise Fund for emergency repairs
made to the East Wastewater Pollution Control Plant in the amount of $37,386.42, per Claim
14000327, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On July 15, 2014, the City of Clearwater’s East Wastewater Pollution Control Plant was struck
by lightning. It damaged electrical equipment throughout the plant. The control room PCS
power supply was damaged and the cost to repair it was $21,677.79. There were also chart
printers and monitors damaged at a cost of $15,708.63. Total reimbursement requested is
$37,386.42.
The City’s Risk Management Division and City’s Claims Committee recommend approval.
Funding for the payment of this settlement is available in the budget for claims expense in the
Central Insurance Fund.
Total Cost $37,386.42, to reimburse Water and Sewer Enterprise Fund for emergency
repairs due to lightning strike at the East Wastewater Pollution Control Plant.
APPROPRIATION CODE AND AMOUNT:
0590-07000-545800-519-000-0000 $37,386.42
Page 1 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-627
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Approve an agreement between the City of Clearwater and the School Board of Pinellas
County, Florida providing for the continuation of the School Resource Officer (SRO) program
at Clearwater High School, Countryside High School and Oak Grove Middle School for a
one-year period commencing July 1, 2014 through June 30, 2015 and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
Under the terms of the one-year agreement between the School Board of Pinellas County and
the City of Clearwater, the City will provide law enforcement and related services to
Clearwater High School, Countryside High School and Oak Grove Middle School during the
regular school year. The assigned officers (one per school) will provide instruction in law
education, will serve as resource persons, conduct investigations, provide security and
maintain the peace, make arrests and provide support services as necessary.
The annual cost of salaries and benefits of three officers over the one-year period will be
$311,121.15. Total annual reimbursement from the School Board will be $52,749 for each
officer, for a total reimbursement of $158,247, reflecting a 2.5% increase in reimbursement to
the City for SRO services during the 2014/2015 contract period.
A first quarter budget amendment will transfer the difference of $152,874.15 from the Special
Law Enforcement Trust Fund (SLEF), special project 181-99331 to special project 181-99264,
School Resource Officers.
Sufficient funding will be available in special project 181-99264, School Resource Officers, for
total funding of $311,121.15.
The cost incurred by the Police Department is offset by the benefit of the program to the
community and the Police Department. The Police Department has maintained a good
working relationship with the School Board. School Resource Officers have been assigned to
Clearwater High School since January 1, 1985 and Countryside High School since January 1,
1986 and Oak Grove Middle School since August 27, 2007.
The School Resource Officer agreement is available for review in the Office of Official
Records and Legislative Services.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will transfer the difference of $152,874.15 from the Special
Law Enforcement Trust Fund (SLEF), special project 181-99331 to special project 181-99264,
Page 1 City of Clearwater Printed on 11/4/2014
File Number: ID#14-627
School Resource Officers.
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-631
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.3
SUBJECT/RECOMMENDATION:
Approve acceptance of Florida Department of Transportation (FDOT) High Visibility
Enforcement (HVE) for Pedestrian and Bicycle Safety Grant Award in the amount of $94,230
for police overtime and related fringe benefits and authorize the appropriate officials to
execute same. (consent)
SUMMARY:
On July 2, 2014, Clearwater Police Department (CPD) was granted approval by the Resource
Management Committee to submit a grant application in the amount of $94,230 under the
state HVE program to continue its grant-funded pedestrian and bicycle safety project. The
grant has been officially awarded and CPD now seeks approval to accept it.
CPD has been conducting a comprehensive enforcement/education project since March 2014
aimed at changing the behavior of all who use Clearwater’s roadways - pedestrians, bicyclists,
and motorists. Due to the success of the current project, FDOT would like to see Clearwater
build upon what it has already accomplished.
Despite CPD’s success, two recent pedestrian fatalities (including one of CPD’s School
Crossing Guards) on Clearwater’s streets has highlighted the need for the increased
enforcement activities that this grant funding will pay for.
CPD will again carefully select a pool of patrol officers/sergeants for this project who have
demonstrated a sincere interest and affinity for traffic, bicycle and pedestrian enforcement.
The details will be worked by this select group of officers, focusing on those areas with a high
volume of crashes compared to other parts of the city, have a high volume of pedestrian
traffic, or both.
Details will tentatively be scheduled three times per week; five hours and three officers per
detail. The time period for grant activities will be from November 6, 2014 through May 31,
2015.
As with the previous grant, selected officers will receive specific training on traffic enforcement
and educational opportunities with the public prior to implementation of the project. CPD will
also work closely with FDOT during the project period to ensure accurate data collection and
to advise of any problems or successes that are accomplished.
CPD will continue to get the word out about the project through a variety of means. CPD’s
Public Information Officer (PIO) has done an excellent job in working with local media sources
to promote project activities and to further spread the message about pedestrian and bicycle
Page 1 City of Clearwater Printed on 11/4/2014
File Number: ID#14-631
safety and will continue to do so. The PIO will also update the public on the project by way of
the department’s Facebook page, which he successfully utilizes on a regular basis to inform
the public about project activities and successes.
There will be no direct adverse impact to the Police Department annual operating budget nor
is there a required match.
Special project number 181-99208, 2014 HVE Pedestrian and Bicycle Safety, will be
established to account for the grant expenditures.
APPROPRIATION CODE AND AMOUNT:
There will be no direct adverse impact to the Police Department annual operating budget nor
is there a required match. Special project number 181-99208, 2014 HVE Pedestrian and
Bicycle Safety, will be established to account for the grant expenditures.
USE OF RESERVE FUNDS: N/A
Page 2 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-614
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.4
SUBJECT/RECOMMENDATION:
Approve Change Order 1 to Rowland, Inc. of Pinellas Park, Florida for the Smallwood Circle
Drainage and Edgewood Avenue Sanitary Sewer Improvements projects (11-0057-EN and
10-0027-EN) in the amount of $148,718.00, for a new contract total of $2,493,860.97, approve
a time extension of 95 days for completion of additional work and unforeseen field conditions,
and authorize the appropriate officials to execute same. (consent)
SUMMARY:
Clearwater City Council awarded a $2,345,142.97 contract on November 7, 2013 to Rowland
Incorporated for the Smallwood Circle Drainage Improvements and Edgewood Avenue
Sanitary Sewer Improvements projects (11-0057-EN and 10-0027-EN).
While working in the neighborhood installing the sanitary and storm pipe, the City encountered
substandard base beneath the majority of the existing curb. The lack of base combined with
the condition of the curb and the extensive roadway disruption from the storm and sewer work,
triggers the need to replace the curb on streets affected by the contract work.
Fifty days are requested to complete the additional 5300 linear feet of additional curb work.
Another forty-five days are requested to complete other out of scope work due to field
conditions including underdrain, pipe removal, sanitary offset, and structure modifications. The
contract’s new completion date is March 6, 2015.
The Streets and Sidewalks Division shall own, operate and maintain the curb improvements
once completed.
APPROPRIATION CODE AND AMOUNT:
0315-96178-563700-539-000-0000 $83,282.08
0327-96665-563800-535-000-0000 $65,435.92
Funds are available in capital improvement program project 315-96178 , Smallwood Circle, in
the amount of $83,282.08 and $65,435.92 is available in Utility Renewal and Replacement
project 0327-96665, Sanitary Sewer R&R, for total funding in the amount of $148,718 to fund
this contract.
Page 1 City of Clearwater Printed on 11/4/2014
Change Order 1 Date: October 10, 2014
PROJECT PROJECT NUMBER: 11-0057-EN & 10-0027-UT
Smallwood Circle Drainage Improvements and
Edgewood Avenue Sanitary Sewer Improvements PO REFERENCE NO.: ST110040
CONTRACTOR: COUNCIL AWARD: November 7, 2013
Rowland, Inc.DATE OF CONTRACT: December 4, 2013
6855 102nd Avenue, North
Pinellas Park, FL 33782 CODE: 0315-96178-563700-539-000-0000 A
CODE: 0327-96665-563800-535-000-0000 B
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
STATEMENT OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $2,345,142.97
$148,718.00 By: (Seal)
NEW CONTRACT AMOUNT $2,493,860.97 Kevin Rowland, President
George N. Cretekos Mayor
Witnesses: (two)
Rosemarie Clark City Clerk
Date: ___________________________________________
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA Recommended By: City of Clearwater
William B. Horne, II City Manager
Tara Kivett Construction Manager
APPROVED AS TO FORM:
Matthew Smith, Assistant City Attorney Michael D. Quillen, PE, City Engineer
ACCEPTED BY: Rowland, Inc.
Change Order 1 - City Council 11/6/14
Change order approves a time extension of 95 days and adds replacement of curb to the project.
Date: _____________________________________
Page 2 of 2
Change Order 1: Smallwood Cir Drainage Improvements/Edgewood Avenue Sewer Improvements
ITEM DESCRIPTION UNIT Qty UNIT COST TOTAL COST
Stormwater Code A: 0315-96178-563700-539-000-0000
Additions:
50 Remove and replace curb LF 2968 28.06$ $83,282.08
Total Additions for Code A:$83,282.08
Sewer Code B: 0327-96665-563800-535-000-0000
Additions:
130 Remove and replace curb LF 2332 28.06$ $65,435.92
Total Additions for Code B:$65,435.92
Total Additions to the Contract:$148,718.00
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LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com MBK TK N.T.S.279A 11-29s-15w10/14/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Document Path: V:\GIS\Engineering\Location Maps\SmallwoodEdgewood\SmallwoodEdgewood.mxd
Smallwood Cir Drainage ImprovementEdgewood Ave Sanitary Sewer Improvement
386 east side only
361 1010
670630
406 524
1300
Curb Replacement
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-616
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.5
SUBJECT/RECOMMENDATION:
Accept a Sewer Utility Easement conveyed by 520HC, LLC over property located at 520
Howard Court, Clearwater. (consent)
SUMMARY:
The City’s Public Utilities Department is planning improvements to Lift Station 29 located on
privately owned property at 520 Howard Court, Clearwater. Although the City has an existing
Sanitary Sewer Easement on the property, a recent survey shows that additional easement
area is needed to accommodate the lift station. The property owner has agreed to donate a
Sewer Utility Easement to the City for this purpose. The easement, in addition to the existing
easement, will give the City rights over an adequate area to operate and maintain the lift
station.
Page 1 City of Clearwater Printed on 11/4/2014
BELLEAIR
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EASEMENT LOCATION
^
LOCATION MAP
JB CL
313B 21-29s-15e
10/17/2014Map Gen By:Reviewed By:
S-T-R:Grid #:
Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com
SEWER UTILITY EASEMENT:520 HOWARD COURT
²
N.T.S.Scale:
Document Path: V:\GIS\_Staff\Jim_B\Projects\Chuck Lane\SewUtil_Easement_520HowardCt.mxd
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-607
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Solid Waste/General Services
Agenda Number: 7.6
SUBJECT/RECOMMENDATION:
Award a Contract (Blanket Purchase Order) to Harris Corporation of Lynchburg, VA for an
amount not to exceed $550,000 for quarterly payments during the period November 1, 2014
through October 31, 2016 toward the 20-Year Maintenance Agreement for the City’s radio
system approved by Council on June 20, 2002 and authorize the appropriate officials to
execute the same. (consent)
SUMMARY:
The public/private partnership contract provides for maintenance of the Clearwater Radio
System in addition to two towers and facilities. The quarterly payments are made per the
20-year contract approved by Council in 2002. This Blanket Purchase Order covers the
thirteenth and fourteenth year of the contract. Any revenue due to the City from the leased
space on the two towers since the contract went into effect is deducted from the payment.
APPROPRIATION CODE AND AMOUNT:
566-06620-530300-519-000 $550,000
These funds are available in the operating expense of the Garage Services Fund as budgeted
in Fiscal Year 2014/15 and Fiscal Year 2015/16.
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-610
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: AppointmentIn Control: Official Records & Legislative Services
Agenda Number: 7.7
SUBJECT/RECOMMENDATION:
Appoint Rosemarie Kibitlewski to the Library Board to fill the remainder of an unexpired term
through June 30, 2017. (consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Library Director
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Judith McSwine
MEETING DATES: Quarterly (1st Thursday of the month - Feb., May, Aug., Nov.)
PLACE: Main Library
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES
REPLACEMENT BY A NEW APPOINTEE:
1. Mary A. van Weezel - 1290 Gulf Blvd., #1408, 33767 - Retired/Educator
Original Appointment: 6/4/09
Resigned 9/8/14 - (was serving 2nd term to expire 6/30/17)
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCY:
1. Rosemarie Kibitlewski - 1506 West Virginia Lane, 33759 - Retired/Dir. Foundation
Goodwill-Suncoast
Zip codes of current members on board:
3 at 33756
1 at 33763
Page 1 City of Clearwater Printed on 11/4/2014
File Number: ID#14-610
1 at 33764
1 at 33767
Page 2 City of Clearwater Printed on 11/4/2014
Name:
Home Address:
RECEIVED
SEP 2 4 2014
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident) OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
Ck/i,6izt Zip3
Telephone: 1011 -Tq'2 Q A/5
How long a resident of Clearwater?
Occupation:
Field of Education:
Office Address:
Vki
Zip
Telephone:
35 ci4ciA.G.)
4mployer:
OtherWork Experience:
i
11- ru1ti.012) - ezczawa Z1
10
If retired, former occupation: Z icL 'JJLL
Community Activities:
Jiti.briele&fpx, Att4d4ozzlhidtee,a4d
Other Interests:
Board Service (current and p:st):
Addi •nal Comments:
F, i 6
Signe
oard Preference:
Date: a? S; 07-a/-9
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O.
Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
JA2a:/44
ii 1 %i,,
awl/ec t 01 /it tiP Gatos
2. ave you ev erve a board meeting either in person or on C -View, the
City's TV station?
3. What background and /or qualifications do you have that you feel would
qualify you to serve on this Board?
ha%
I/ /1 • !.. / /ice
Why do you want to serve on this Board?
r. 2 ef a M A g 64, afr
Name
Board Name: ped,,
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-615
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: AppointmentIn Control: Official Records & Legislative Services
Agenda Number: 7.8
SUBJECT/RECOMMENDATION:
Appoint Jamie Blackstone and Debra Swisher for the resident representatives category and
appoint Katie See for the Agency or Government representative category to the Brownfields
Advisory Board with terms to expire November 30, 2018. (consent)
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Brownfields Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: **
MEMBERS: 9
CHAIRPERSON: Ryley Jeanne Marchion - Acting Chair
MEETING DATE: As Called
PLACE: Determined when called
APPTS. NEEDED: 3
STAFF LIAISON: Diane Hufford
SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within
or adjacent to the Brownfields Area; Three members will be owners or representatives of
businesses operating in the Brownfields area and need not be residents of Clearwater; Three
members will be representatives of federal or state agencies or local governments involved
with the Brownfields remediation process within Pinellas County and need not be Clearwater
residents
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRED AND
NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A
NEW APPOINTEE:
1. Jamie Blackstone - 305 Spring Ct., 33755 - Business Developer
Original Appointment: 5/4/06 - (2nd term expired 8/31/14)
Interested in Reappointment: Yes
(Resident)
Page 1 City of Clearwater Printed on 11/4/2014
File Number: ID#14-615
2. Patrick O’Neil - 8506 Poydras Lane, Tampa, FL 33635 - Senior Planner
Original Appointment: 5/4/06 (2nd term expired 8/31/14)
Interested in Reappointment: No
(Agency or Gov. Rep.)
3. Wallace Smith - 1375 Tioga Ave., 33755 - (Mr. Smith passed away in Sept. 2011)
Original Appointment: 5/6/04 (was serving 2nd term to expire 5/31/12)
(Resident)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCIES:
1. Katie See - 900 Laura St., 33755 - City Planner
(Agency or Gov. Rep.)
2. Debra Swisher - 618 Wells Ct., #402, 33756 - Retired Teacher/RE Broker
(Resident)
Zip codes of current members:
3 at 33755
1 at 33761
1 at 33764
1 at 33765
1 at 33773
Current Categories:
2 Agency or Government rep.
3 Business Owner or rep.
2 Residents
Page 2 City of Clearwater Printed on 11/4/2014
RECEIVED
CITY OF CLEARWATER
CLEARWATER BROWNFIELDS ADVISORY BOARD OCT 08 2014
OFFICIAL RECORDS AND
Name: Ufa N\ i F' F C 1-c S T-) N L- LEGISLATE SRVCS DFPry' L
Home Address: Office Address:
3C.5" C
C. ER 14w , L Zip 3 `'"Y Zip
Telephone: 72/7 (°/f - o o Telephone. ,SQ7j1€
How long a resident of Clearwater? /441/'z'PC1
Occupation:] NVt =-,S rDf -1--
Field of Education:
Employer:
Other Work Experience:
V4ah /'9C /PS' t
If retired, former occupation:
Community Activities: -i<C ra,udoFlkflvmOkSOtceet 4
s-t fin77v411,c2a J c- lc .E 4 trUA poi- Wpi7h..1 -1P -94 6r or- 611/?Ce ,
Other Interests:.. ,,.1,0/110.6 ,, / itm C ' / / i ,x.41AI/ JAC - . ki
new I c° Si 49e..$ '» a
4 . ! .k ;iv 1. 14 /` I r,aJ Si"
Board Service (current and past): oard Preference:
IS ROW I r 1)c Abv/.seD 6,o RD Row rl FLEt DS OV CfJ IJaR(,
Additional Comments
Signe
Cate• Applyin
Agency involved in Brownfields redevelopment
Business Owner ( must own a business within the Designated Brownfield Area)
Resident (must be a resident within or adjacent to the Designated Brownfield Area)
r
Date:6E411u N-D/5 42,0/
Please return this application and board questionnaire to the Official Records & Legislative Services
Department, P.O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall,
2nd Floor, 112 S. Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
2. Have you ever observed a board meeting either in person or on C -View, the
City's TV station?
3. What background and /or qualifications do you have that you feel would
qualify you to serve on this Board?
Al or it .I I I. i orA i It /. If .• 4 l /: A.4
iI <<i 2 0 _O g' ,..1 .4.0 / .i. / '
se4. Why do you want to serve on this Board?
4_'' _I o•
i/ ,a,)
Q. "Z1 ivy. / C J
OCT 10 2014
OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
CITY OF CLEARWATER
CLEARWATER BROWNFIELDS ADVISORY BOARDOFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPT
RECEIVED
OCT 1 3 2014
Name: Katie See
Home Address:
900 Laura Street
Clearwater, FL Zip 33755
Telephone: 304-820-5570
How long a resident of Clearwater? May, 2014
Occupation: City Planner
Field of Education:
Urban Affairs & Planning
Office Address:
100 South Myrtle Avenue
Clearwater, FL
Telephone:727-562-4557
Zip 33756
Employer: City of Clearwater
Other Work Experience:
Gity Planner — Charles Town, WV
If retired, former occupation:
Community Activities: St. John's Episcopal Church
Other Interests: Family time, golf, outdoor activities, exploring new areas, cooking/baking
Board Service (current and past): Board Preference:
Pinellas Co MPO TCC Brownfields Advisory Board
ONE BAY Resilient Communities
Additional Comments:
Signed- r Date: October 13, 2014
Category Applying For:
X ) Agency involved in Brownfields redevelopment
Business Owner ( must own a business within the Designated Brownfield Area)
Resident (must be a resident within or adjacent to the Designated Brownfield Area)
Please return this application and board questionnaire to the Official Records & Legislative Services
Department, P0. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall,
2nd Floor, 112 S. Osceola Avenue.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? The
The Board provides guidance to Council for remediation and redevelopment of
abandoned vacant sites that were previously used for industrial uses.
Redevelopment of brownfield sites provides a benefit to public health, the
environment and economic development in the City.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
No.
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
During my time as City Planner for the City of Charles Town, WV, I assisted with
the Charles Town & Ranson WV brownfield redevelopment projects in the
Commerce Corridor proiect. This project received a Phoenix Award at the 2013
Borwnfields Conference. I prepared the staff reports and recommendations for
the Planning Commission and Board of Zoning Appeals meetings that were
required for the review and approval of the proiect's first major redevelopment, a
40,000 ft2 academic center for American Public University Systems.
4. Why do you want to serve on this Board?
l see the importance of remediating former brownfield sites because it is the right
thing to do for public health and the environment. The economic benefits that
can result from remediation and subsequent redevelopment of these sites can
be great for the economy of the local community.
Name: Katie See
Board Name: Brownfields Advisory Board
RECEIVED
OCT 17 2014
CITY OF CLEARWATER
CLEARWATER BROWNFIELDS ADVISORY BOA . 9' R CORDS AND
d T SRVCS DEPT
Name: ,06 (0-
Home Address:
lc
n
L(-•
Office Address:
Zi•
j Z Z Telephone: Telephone: T77°
How long a resident f Clearwat r?
Occupation: '
2 /
Fi Id of, E ucation:
If retired, former occupation:
Zip
A-c--t 27
Employer:
Other Work Experience: 60;16__ti ,
Co unity £ ctivities:
Other Interests:
Boar Service (ur ent and past):
e MU) 5
p.P
0_
Board Preference:
LT-
Additional Comue
Signed: Date:
Category Applying For:
Agency involved in Brownfields redevelopment
Business Owner ( must own a business within the Designated Brownfield Area)
Resident (must be a resident within or adjacent to the Designated Brownfield Area)
Please return this application and board questionnaire to the Official Records & Legislative Services
Department, P.O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd
Floor, 112 S. Osceola Avenue.
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
Di( bat .6i Oka-x---
H
LD 1--0/14
om7d r e" , 6ff
AO 2-- Zip 16(-L Zip
Telephone: Telephone:
Cell Phone: #7 971 'L z -2- E -mail Address:
Occupation: it-iird ,brD Employer:
How long a resident of C,Iearwater?
Fi d of E catio
If retire d, former occupation:
Communit Activities: 2—r/i
I /1 A
mac( - e p (o e di
Other Work Egeric ence:
i 41 IAA
Other Interests: I r ' , ]
Board ServiG e
jfi
current and past).
atai
MarjnociArl
P (at, - 1
Additional Comments:
Board Preference:
C.
Signed: a Date: 0 "Zs))
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department, P.
O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S.
Osceola Avenue.
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the following:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits
Declaration of Domicile filed with the city clerk affirming residency within city limits
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties a d responsibilities? /
eA ka41 , - •
2. Have you ever observed a board meeting either in person or on C -View, the City's TV station?
3. What background and /or qualifications do you have that you feel would qualify you to serve on
this Board?
ia4034Q-- AA n9144-14/te
Q--
4. Why do you want to serve on this Boar ?
A/Y
I fter; W c)-
i•J1 QL cte-9
Name: tkiet t-6
Board Name:
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-601
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Legal Department
Agenda Number: 7.9
SUBJECT/RECOMMENDATION:
Authorize settlement of Alvarez v. City of Clearwater, Case No. 12-004212-CI-021, for
payment by City of $45,000.00 in exchange for a full release from plaintiff and dismissal of
action with prejudice. (consent)
SUMMARY:
This case arises from an incident that occurred on April 5, 2011 near the intersection of Drew
Street and North Saturn Avenue, Clearwater, Florida. A city vehicle being driven by a city
employee struck a vehicle which in turn struck Sandro Alvarez as he was riding a bicycle
across North Saturn Avenue. Mr. Alvarez had the right-of -way.
The settlement agreement would provide that the City would pay Sandro Alvarez the sum of
$45,000 in exchange for full release of all claims and dismissal of the case with prejudice.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the insurance fund 590-07000-545900-519-000, to fund this settlement.
Page 1 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-637
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.10
SUBJECT/RECOMMENDATION:
Approve the acquisition of real property located at 421 McMullen Booth Road through a public
auction conducted by the Pinellas County Clerk of the Circuit Court; approve a not-to-exceed
amount of $215,000 for bidding purposes with total expenditures not to exceed $235,000;
establish a new CIP entitled Park Land Acquisition (CIP315-93133), in the amount of
$235,000; transfer funds from Recreation Land impact fees at first quarter to cover this
purchase; and authorize appropriate officials to execute instruments required to affect closing.
(consent)
SUMMARY:
A privately owned parcel of land located at 421 McMullen Booth Road has been foreclosed
and is scheduled for sale by public auction on November 12. The property is improved with a
single family residential structure. The parcel would be a strategic acquisition for the City’s
Parks and Recreation Department.
This parcel is adjacent to the Del Oro Park and the Ream Wilson Trail’s McMullen Booth
Overpass. This parcel will provide for both parking and a trailhead for the Ream Wilson Trail
and the Courtney Campbell Causeway Trail (less than 1 mile away). It will also serve as much
needed overflow parking for Del Oro Park and Eddie C. Moore Softball Complex.
Funding for future parking and trailhead amenities will come from Penny funds in Bicycle
Paths (CIP315-93272) in Fiscal Year 2016/17.
Staff has obtained a title commitment on the property showing that conditions with respect to
title are acceptable. An appraisal was performed on the property by Nash and Associates
Appraisal Services, Inc. The appraised value of $215,000 is equal to the not-to-exceed bid
amount requested by staff. Total expenditures not to exceed $235,000 include the bid price
along with typical closing costs, fees associated with the auction process, title insurance and
demolition of the existing structure.
The estimated expenses are as follows:
Not-to exceed purchase price (appraised value)$215,000
Registry of Court Fee (3% of purchase price)$6,450
Electronic auction fee $49
Title Insurance $1,150
Appraisal $350
Other closing costs $2,000
Demolition $10,000
TOTAL EXPENDITURES NOT TO EXCEED $234,999
Page 1 City of Clearwater Printed on 11/4/2014
File Number: ID#14-637
This item supports the City's Strategic Vision to provide quality facilities (Ream Wilson Trail,
Del Oro Park) and provide safe access for persons using the trail systems in Clearwater.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will transfer $235,000 of Recreation Land impact fees from
the Special Development Fund into project 315-93133 Park Land Acquisition to fund this
contract.
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-593
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Provide direction on the proposed Development Agreement between Bayway Hotel Holdings,
LLC. (the property owner) and the City of Clearwater, providing for the allocation of 15 units
from the Hotel Density Reserve under Beach by Design and confirm a second public hearing
in City Council Chambers before City Council on November 20, 2014 at 6:30 p.m., or as soon
thereafter as may be heard. (HDA2014-08006; 706 Bayway Boulevard)
Site Location and Existing Conditions:
The 0.35-acre site is located on the north side of Bayway Boulevard generally at the northern
terminus of Parkway Drive. The subject property is comprised of two parcels with a frontage of
approximately 200 feet along Bayway Boulevard and 120 feet of frontage along the water .
The site is vacant. The subject property is zoned Tourist (T) District with an underlying Future
Land Use Plan (FLUP) category of Resort Facilities High (RFH). The subject property is also
located within the South Beach/Clearwater Pass District of Beach by Design.
The larger area is characterized by a variety of uses including overnight accommodation,
retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with
heights ranging from one to 15 stories. The immediate area is characterized by one to nine
story buildings consisting mostly of retail, overnight accommodations and attached dwellings .
A two-story police substation is located to the west and two -story attached dwellings are
located to the east.
Development Proposal:
The owners propose to utilize the otherwise permitted density of 50 units per acre or 17 units
and incorporate an additional 15 units from the Hotel Density Reserve through Beach by
Design resulting in a total of 32 units (92 units per acre).
The building will be 75 feet (from Base Flood Elevation) to the roof slab and 94 feet three
inches (from Base Flood Elevation) to the highest architectural feature with the parking on the
first two levels. It should be noted that the provided maximum height of just over 94 feet is
measured to include a variety of architectural features including a mansard roof, finials, and
structures to house and conceal mechanical equipment. The proposal includes a
Mediterranean Revival architecture, which is consistent with and complements the tropical
vernacular envisioned in Beach by Design.
The site will be accessed via a single two -way driveway centrally located along Bayway
Boulevard which will provide access to the parking garage component of the development as
well as two surface handicap spaces. The remaining floors will include a lobby, back of house
uses and hotel rooms.
A swimming pool will be located at grade at the northeast corner of the site. This service
would be limited to guests of the hotel. As noted, the first two floors of the building will contain
Page 1 City of Clearwater Printed on 11/4/2014
File Number: ID#14-593
a parking garage. The lobby is located on the 3rd floor. Amenities will be limited to a small
meeting space/business center, exercise room, kitchen and miscellaneous back of house
uses all of which will be located on 3rd floor. Hotel rooms are provided on the 3rd through 8th
floors. The applicant is contemplating the possibility of providing a small roof -top terrace with
limited food and beverage service such as a breakfast buffet. Please note that Article 8 of the
CDC provides that structures permanently affixed to the roof that accommodate rooftop
occupancy shall only be permitted if within the maximum allowable height where the maximum
height specified is 94 feet three inches feet. No retail, ballrooms or other like amenities are
proposed.
A sidewalk five feet in width is located along Bayway Boulevard. It should be noted that the
proposed sidewalk will match the sidewalk width to the east and west of the site. A bike rack
is located near the primary entrance to the hotel.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an overnight
accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The
subject property is 15,246 square feet in area and approximately 200 feet wide. The site is
consistent with these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of 10 feet along the front (south) to parking and 35
feet to building along Bayway Boulevard; six feet to building along the side (west), six feet to
ramp and 30 feet to building along the side (east); and six feet to building, 10 feet to pool and
zero feet to patio along the rear (north). The proposed setbacks may be approved as part of a
Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the
Community Development Code.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically addresses height and
is delineated in three subsections. Sections B .1 and 2 impact development with heights
between 100 and 150 feet. The proposal provides for a building 94 feet three inches (from
Base Flood Elevation) to top of the highest architectural feature where a height of up to 100
feet is permitted as prescribed by the CDC (subject to meeting the applicable flexibility criteria
of the CDC and as approved as part of a Level II Flexible Development application) and
limited by Beach by Design. Therefore, these two sections are not applicable to the proposal.
Section B.3 provides that the floorplate of any portion of a building that exceeds 45 feet in
height is limited as follows:
a) Between 45 feet and 100 feet the floorplate will be no greater than 25,000 square
feet except for parking structures open to the public; and
b) Between 100 feet and 150 feet, the floorplate will be no greater than 10,000 square
feet; and
c) Deviations to the above floorplate requirements may be approved provided the mass
and scale of the design creates a tiered effect and complies with the maximum building
envelop allowance above 45 feet as described in Section C. 1.4 of the Design
Guidelines.
The proposal meets this provision in that the floorplate above 45 feet is less than 25,000
square feet and there is no floorplate over 100 feet. Therefore, this section is supported by
the proposal.
The height of the proposed building is consistent with the guidelines of Beach by Design.
Minimum Off-Street Parking:
The 32-room overnight accommodation use requires a minimum of 38 off-street parking
spaces. A parking garage located on the first two levels of the building will provide 38 spaces.
This is consistent with the applicable Sections of the CDC.
Landscaping:
Page 2 City of Clearwater Printed on 11/4/2014
File Number: ID#14-593
While a formal landscape plan is not required to be submitted for review at this time, the
conceptual landscape areas depicted on the site plan show that adequate spaces for
foundation landscaping will be provided along all sides of the building. Since no perimeter
landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet
or exceed what is required. It is noted, however, that flexibility may be requested /necessary
as part of a Comprehensive Landscape Program which would be reviewed at time of formal
site plan approval.
Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was conducted and the
proposed building does appear to be generally consistent with the applicable Design
Guidelines established in Beach by Design. It is noted, however, that a more formal review of
these Guidelines will need to be conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established within Beach by
Design concerning the allocation of hotel rooms from the Reserve. The project appears to be
generally consistent with those criteria, including that the development comply with the
Metropolitan Planning Organization ’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic Impact Study
concludes that traffic operations at nearby intersections and on adjacent roadways would
continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is consistent
with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in
Beach by Design. The proposed Development Agreement will be in effect for a period not to
exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density
Reserve under Beach by Design and includes the following main provisions:
§Provides for the allocation of up to 15 units from the Hotel Density Reserve or a maximum
density of 92 units per acre;
§Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
§Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
§For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and
§Requires a legally enforceable mandatory evacuation /closure covenant that the hotel will
be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual
consent of the parties, provided the notice and public hearing requirements of Section 4-206
are followed. Revisions to conceptual site plans and /or architectural elevations attached as
exhibits to this Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment to this
Development Agreement.
Page 3 City of Clearwater Printed on 11/4/2014
File Number: ID#14-593
Page 4 City of Clearwater Printed on 11/4/2014
HOTELDENSITYRESERVEDEVELOPMENTAGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
("Agreement")isdatedthe dayofNovember,2014,andenteredintobetween
BaywayHotelHoldingsLLC,aFloridalimitedliabilitycompany(“Developer"),its
successorsandassigns,andtheCITYOFCLEARWATER,FLORIDA,amunicipal
corporationoftheStateofFloridaactingthroughitsCityCouncil,thegoverningbody
thereof("City").
RECITALS:
WHEREAS,oneofthemajorelementsoftheCity'srevitalizationeffortisa
specialareaplanfortherevitalizationofClearwaterBeachadoptedundertheprovisions
oftheFloridaGrowthManagementAct,FloridaStatutesChapter163,PartII,andentitled
BeachbyDesign;and
WHEREAS,FloridaStatutesSections163.3220-163.3243,theFloridaLocal
GovernmentDevelopmentAgreementAct("Act"),authorizetheCitytoenterinto
bindingdevelopmentagreementswithpersonshavingalegalorequitableinterestinreal
propertylocatedwithinthecorporatelimitsoftheCity;and
WHEREAS,underSection163.3223oftheAct,theCityhasadoptedSection4-
606oftheCityofClearwaterCommunityDevelopmentCode("Code"),establishing
proceduresandrequirementstoconsiderandenterintodevelopmentagreements;and
WHEREAS,BeachbyDesignproposedthedevelopmentofhotelunitstoequalize
developmentopportunitiesonthebeachandensureClearwaterBeachremainsaquality,
familyresortcommunity,andfurtherprovidedforalimitedpoolofadditionalhotelunits
("HotelDensityReserve")tobemadeavailableforsuchmid-sizedhotelprojects;and
WHEREAS,theDeveloperowns0.3504acresofrealproperty("Property")inthe
corporatelimitsoftheCity,moreparticularlydescribedonExhibit"A"attachedhereto
andincorporatedherein;and
WHEREAS,theDeveloperdesirestodevelopthePropertytoconstruct32
overnightaccommodationunits,minimalmeetingspaceforguestuse,pool,lobbyand
parkingwith38parkingspaces,generallyconformingtothearchitecturalelevation
dimensionsshownincompositeExhibit"B”(collectively,theimprovementsarethe
“Project”);and
WHEREAS,thePropertyhasnotpreviouslyacquireddensityfromtheDestination
ResortDensityPool;and
WHEREAS,uponcompletiontheplannedresortwillcontain32overnight
accommodationunits,whichincludes15unitsfromtheavailableHotelDensityReserve
(“ReserveUnits”);and
WHEREAS,theCityhasconductedsuchpublichearingsasarerequiredbyandin
accordancewithFloridaStatutesSection163.3225,CodeSections4-206and4-606,and
anyotherapplicablelaw;and
WHEREAS,theCityhasdeterminedthat,asofthedateofthisAgreement,the
proposedprojectisconsistentwiththeCity'sComprehensivePlanandLandDevelopment
Regulations;and
WHEREAS,atadulynoticedandconvenedpublicmeetingonNovember20,
2014,theCityCouncilapprovedthisAgreementandauthorizedanddirecteditsexecution
bytheappropriateofficialsoftheCity;and
WHEREAS,approvalofthisAgreementisintheinterestsoftheCityin
furtheranceoftheCity'sgoalsofenhancingtheviabilityoftheresortcommunityandin
furtheranceoftheobjectivesofBeachbyDesign;and
WHEREAS,DeveloperhasapprovedthisAgreementandhasdulyauthorized
certainindividualstoexecutethisAgreementonDeveloper'sbehalf.
STATEMENTOFAGREEMENT
Inconsiderationofandinrelianceuponthepremises,themutualcovenants
containedherein,andothergoodandvaluableconsideration,thereceiptandsufficiency
ofwhichareherebyacknowledged,thepartiesheretointendingtobelegallyboundandin
accordancewiththeActandCode,agreeasfollows:
SECTION1.Recitals.Theaboverecitalsaretrueandcorrectandareapartof
thisAgreement.
SECTION2.IncorporationoftheAct.ThisAgreementisenteredintoin
compliancewithandundertheauthorityoftheCodeandtheAct,thetermsofwhichasof
thedateofthisAgreementareincorporatedhereinbythisreferenceandmadeapartof
thisAgreement.WordsusedinthisAgreementwithoutdefinitionthataredefinedinthe
ActshallhavethesamemeaninginthisAgreementasintheAct.
SECTION3.PropertySubjecttothisAgreement.ThePropertydescribedin
Exhibit"A"issubjecttothisAgreement("Property").
3.1 ThePropertycurrentlyhasalandusedesignationofResortFacilitiesHigh
(RFH)andiszonedTourist(T)District.
3.2.ThePropertyisownedinfeesimpleorundercontracttobeownedinfee
simplebytheDeveloper.
3.3 ThePropertyisgenerallylocatedat706BaywayBlvdasfurtherdescribed
inExhibit“A”.
SECTION4.ScopeofProject.
4.1 TheProjectshallconsistof32overnightaccommodationunits. Ofthe32
overnightaccommodationunits,15unitsshallbefromtheHotelDensityReserve.
4.2 TheProjectshallincludeaminimumof38parkingspaces,asdefinedin
theCode.
4.3 ThedesignoftheProject,asrepresentedinExhibit“B”,isconsistentwith
BeachbyDesign.
4.4 ThedensityoftheProjectshallbe92unitsperacre. Innoinstanceshall
thedensityofaparceloflandexceed150unitsperacre.TheheightoftheProjectshallbe
94feetthreeinchesasmeasuredfromBaseFloodElevationtohighestarchitectural
feature,asdefinedintheCode. Themaximumbuildingheightsofthevariouscharacter
districtscannotbeincreasedtoaccommodatehotelroomsallocatedfromtheHotel
DensityReserve.
SECTION5.EffectiveDate/DurationofthisAgreement.
5.1 ThisAgreementshallnotbeeffectiveuntilthisAgreementisproperly
recordedinthepublicrecordsofPinellasCounty,FloridapursuanttoFloridaStatutes
Section163.3239andCodeSection4-606.
5.2 Withinfourteen(14)daysaftertheCityapprovestheexecutionofthis
Agreement,theCityshallrecordtheAgreementwiththeClerkoftheCircuitCourtfor
PinellasCounty.TheDevelopershallpaythecostofsuchrecording.TheCityshall
submittotheDepartmentofEconomicOpportunityacopyoftherecordedAgreement
withinfourteen(14)daysaftertheAgreementisrecorded.
5.3 ThisAgreementshallcontinueineffectforten(10)yearsunlessearlier
terminatedassetforthherein.
SECTION6.ObligationsunderthisAgreement.
6.1 ObligationsoftheDeveloper:
6.1.1 TheobligationsunderthisAgreementshallbebindinguponandthe
benefitsofthisAgreementshallinuretotheDeveloper,itssuccessorsininterestsor
assigns.
6.1.2 AtthetimeofdevelopmentoftheProperty,theDeveloperwill
submitsuchapplicationsanddocumentationasarerequiredbylawandshallcomplywith
theCodeapplicableatthetimeofbuildingpermitreview.
6.1.3 Thefollowingrestrictionsshallapplytodevelopmentofthe
Property:
6.1.3.1 ToretainthegrantofReserveUnitsprovidedforherein,
thePropertyandimprovementslocatedthereonshallbedevelopedin
substantialconformancewiththeConceptualSitePlanattachedasExhibit
"B". AnymodificationsdeterminedbythePlanningandDevelopment
DepartmentDirectoraseitherinconsistentwithattachedExhibit“B”or
constitutingasubstantialdeviationfromattachedExhibit“B”shallrequire
anamendmenttothisAgreementinaccordancewiththeproceduresofthe
ActandtheCode,asnecessaryandapplicable.Anyandallsuchapproved
andadoptedamendmentsshallberecordedinthepublicrecordsofPinellas
County,Florida.
6.1.3.2 TheDevelopershallobtainappropriatesiteplanapproval
pursuanttoaLevelOneorLevelTwodevelopmentapplicationwithinone
(1)yearfromtheeffectivedateofthisAgreementinaccordancewiththe
provisionsoftheCode,andshallthenobtainappropriatepermitsand
certificatesofoccupancyinaccordancewiththeprovisionsoftheCode.
NothinghereinshallrestrictDeveloperfromseekinganextensionofsite
planapprovalorotherdevelopmentorderspursuanttotheCodeorstate
law. Intheeventthatworkisnotcommencedpursuanttoissuedpermits,
orcertificatesofoccupancyarenottimelyissued,theCitymaydenyfuture
developmentapprovalsand/orcertificatesofoccupancyfortheProject,
andmayterminatethisAgreementinaccordancewithSection10.
6.1.3.3 TheDevelopershallexecute,priortocommencementof
construction,amandatoryevacuation/closurecovenant,substantiallyinthe
formofExhibit"C",statingthattheaccommodationusewillcloseassoon
aspracticableafterahurricanewatchthatincludesClearwaterBeachis
postedbytheNationalHurricaneCenter.
6.1.4 CovenantofUnifiedUse.Priortotheissuanceofthefirstbuildingpermit
fortheProject,theDeveloperherebyagreestoexecutethecovenantofunifieduseand
developmentfortheProjectSiteprovidingthattheProjectSiteshallbedevelopedand
usedasasingleproject,theformofwhichcovenantisattachedasExhibit"D";provided
however,thatnothingshallprecludetheDeveloperfromsellingalloraportionofthe
Developer'sPropertyintheeventthatDeveloperdeterminesnottoconstructtheProject.
Itisunderstoodandagreedthat,intheeventthattheDeveloperentersintotheanticipated
covenantofunifieduseanddevelopment,andtheDeveloperelectsnottoconstructthe
ProjectandnotifiestheCityofitselectioninwriting,and,alternatively,asofthedateof
expiration,terminationorrevocationnorightsofDeveloperremainorwillbeexercisedto
incorporatetheHotelDensityReserveUnitsintotheProject,theCityshallexecuteand
delivertotheDeveloperaterminationofsuchcovenantofunifieduseanddevelopment
suitableforrecordinginthePublicRecordsofPinellasCounty,Florida.
6.1.5 ReturnofUnitstoReservePool.AnyReserveUnitsgrantedtoDeveloper
nottimelyconstructedinconjunctionwiththeProjectshallbereturnedtotheHotel
DensityReserveandbeunavailabletoDeveloperforuseontheProject.
6.1.6 TransientUse. Areservationsystemshallberequiredasanintegralpartof
thehoteluseandthereshallbealobby/frontdeskareathatmustbeoperatedasatypical
lobby/frontdeskareaforahotelwouldbeoperated. Accesstoovernightaccommodation
unitsmustbeprovidedthroughalobbyandinternalcorridor. Allunitsinthehotelshall
bemadeavailabletothepublicasovernighttransienthotelguestsatalltimesthroughthe
requiredhotelreservationsystem. Occupancyinthehotelislimitedtoatermoflessthan
one(1)monthorthirty-one(31)consecutivedays,whicheverisless. Unitsinthehotel
shallnotbeusedasaprimaryorpermanentresidence.
6.1.7 NoFullKitchens.Nounitshallhaveacompletekitchenfacilityasthat
termisusedinthedefinitionof“dwellingunit”intheCode.
6.1.8 InspectionofRecords. Developershallmakeavailableforinspectionto
authorizedrepresentativesoftheCityitsbooksandrecordspertainingtoeachHotel
DensityReserveunituponreasonablenoticetoconfirmcompliancewiththeseregulations
asallowedbygenerallaw.
6.1.9 CompliancewithDesignGuidelines. TheDeveloperagreestocomply
withtheDesignGuidelinesassetforthinSectionVIIofBeachbyDesign.
6.1.10LimitationonAmplifiedMusic. Developeragreesthatthereshallbeno
outdooramplifiedmusicattheProjectafter11:00p.m.onSundaythroughThursday,or
after12:00midnightonFridayandSaturday.
6.2 ObligationsoftheCity.
6.2.1 TheCityshallpromptlyprocesssiteandconstructionplan
applicationsforthePropertythatareconsistentwiththeComprehensivePlanand
theConceptPlanandthatmeettherequirementsoftheCode.
6.2.2 ThefinaleffectivenessoftheapplicationsreferencedinSection
6.2.1issubjectto:
6.2.2.1TheprovisionsofChapters163and166,FloridaStatutes,as
theymaygovernsuchamendments;and
6.2.2.2Theexpirationofanyappealperiodsor,ifanappealisfiled,
attheconclusionofsuchappeal.
6.2.3 UponadoptionofthisAgreement,theProjectshallreceivefifteen
(15)unitsfromtheHotelDensityReserveasdefinedinBeachbyDesign,
contingentupontheprovisionsofSection6.1.5.
SECTION7.PublicFacilitiestoServiceDevelopment.Thefollowingpublic
facilitiesarepresentlyavailabletothePropertyfromthesourcesindicatedbelow.
DevelopmentofthePropertywillbegovernedbytheconcurrencyordinanceprovisions
applicableatthetimeofdevelopmentapproval.Therequirementsforconcurrencyasset
forthinArticle4,Division9,oftheCode,havebeensatisfied.
7.1 PotablewaterisavailablefromtheCity.TheDevelopershallbe
responsibleforallnecessarymainextensionsandapplicableconnectionfees.
7.2 SewerserviceiscurrentlyprovidedbytheCity.TheDevelopershallbe
responsibleforallnecessarymainextensionsandapplicableconnectionfees.
7.3 FireprotectionfromtheCity.
7.4 DrainagefacilitiesforthePropertywillbeprovidedbytheDeveloperat
theDeveloper'ssoleexpense.
7.5 TheProjectshallcomplywiththeMetropolitanPlanningOrganization’s
[MPO]oritssuccessor’scountywideapproachtotheapplicationofconcurrency
managementfortransportationfacilities,andthetransportationanalysisconductedforthe
Projectshallincludethefollowing:
w RecognitionofstandarddatasourcesasestablishedbytheMPO;
w Identificationoflevelofservice(LOS)standardsforstateandcountyroadsas
establishedbytheMPO;
w Utilizationofproportionalfair-sharerequirementsconsistentwithFlorida
StatutesandtheMPOmodelordinance;
w UtilizationoftheMPOTrafficImpactStudyMethodology;and
w RecognitionoftheMPOdesignationof“ConstrainedFacilities”assetforthin
themostcurrentMPOAnnualLevelofServiceReport.
7.6 Allimprovementsassociatedwiththepublicfacilitiesidentifiedin
Subsections7.1through7.5shallbecompletedpriortotheissuanceofanycertificateof
occupancy.
7.7 Developeragreestoprovideacashier’scheck,apaymentandperformance
bond,orletterofcreditintheamountof115%oftheestimatedcostsofthepublic
facilitiesandservices,tobedepositedwiththeCitytosecureconstructionofanynew
publicfacilitiesandservicesrequiredtobeconstructedbythisAgreement. Such
constructionshallbecompletedpriortoissuanceofaCertificateofOccupancyforthe
Project.
SECTION8.RequiredLocalGovernmentApprovals.Therequiredlocal
governmentdevelopmentapprovalsfordevelopmentofthePropertyinclude,without
limitation,thefollowing:
8.1 Siteplanapproval(s)andassociatedutilitylicenses,access,andright-of-
wayutilizationpermits;
8.2 Constructionplanapproval(s);
8.3 Buildingpermit(s);
8.4 Certificate(s)ofoccupancy.
SECTION9.FindingofConsistency.TheCityfindsthatdevelopmentofthe
PropertyisconsistentwiththetermsthisAgreementisconsistentwiththeCity
ComprehensivePlanandtheCode.
SECTION10. Termination. IftheDeveloper'sobligationssetforthinthis
Agreementarenotfollowedinatimelymanner,asreasonablydeterminedbytheCity
Manager,afternoticetotheDeveloperandanopportunitytobeheard,existingpermits
shallbeadministrativelysuspendedandissuanceofnewpermitssuspendeduntilthe
Developerhasfulfilleditsobligations.Failuretotimelyfulfillitsobligationsmayserveas
abasisforterminationofthisAgreementbytheCity,atthediscretionoftheCityand
afternoticetotheDeveloperandanopportunityfortheDevelopertobeheard.
SECTION11. OtherTermsandConditions. Exceptinthecaseoftermination,
untilten(10)yearsafterthedateofthisAgreement,theCitymayapplylawsandpolicies
adoptedsubsequentlytotheEffectiveDateofthisAgreementiftheCityhasheldapublic
hearinganddetermined:
(a)Theyarenotinconflictwiththelawsandpoliciesgoverningthe
Agreementanddonotpreventdevelopmentofthelanduses,
intensities,ordensitiesintheAgreement;
(b)Theyareessentialtothepublichealth,safety,orwelfare,andexpressly
statethattheyshallapplytoadevelopmentthatissubjecttoa
developmentagreement;
(c)TheyarespecificallyanticipatedandprovidedforinthisAgreement;
(d)TheCitydemonstratesthatsubstantialchangeshaveoccurredin
pertinentconditionsexistingatthetimeofapprovalofthisAgreement;
or
(e)ThisAgreementisbasedonsubstantiallyinaccurateinformation
providedbytheDeveloper
SECTION12. CompliancewithLaw. ThefailureofthisAgreementtoaddress
anyparticularpermit,condition,termorrestrictionshallnotrelievetheDeveloperfrom
thenecessityofcomplyingwiththelawgoverningsuchpermittingrequirements,
conditions,termsorrestrictions.
SECTION13. Notices. Noticesandcommunicationsrequiredordesiredtobe
givenunderthisAgreementshallbegiventothepartiesbyhanddelivery,bynationally
recognizedovernightcourierservicesuchasFederalExpress,orbycertifiedmail,return
receiptrequested,addressedasfollows(copiesasprovidedbelowshallberequiredfor
propernoticetobegiven):
IftotheDeveloper:BaywayHotelHoldings,LLC
20001GulfBlvd. .
Suite5 .
IndianShores,FL33785
WithCopyto:E.D.ArmstrongIII
HillWardHenderson
101E.KennedyBlvd.
Suite3700
Tampa,FL33602
IftoCity:CityofClearwater
Attn:CityManager
112SouthOsceolaAvenue
Clearwater,FL33756
Properlyaddressed,postageprepaid,noticesorcommunicationsshallbedeemed
deliveredandreceivedonthedayofhanddelivery,thenextbusinessdayafterdeposit
withanovernightcourierservicefornextdaydelivery,oronthethird(3rd)dayfollowing
depositintheUnitedStatesmail,certifiedmail,returnreceiptrequested.Thepartiesmay
changetheaddressessetforthabove(includingtheadditionofamortgageetoreceive
copiesofallnotices),bynoticeinaccordancewiththisSection.
SECTION14. Assignments.
14.1 BytheDeveloper:
14.1.1PriortotheCommencementDate,theDevelopermaysell,convey,
assignorotherwisedisposeofanyorallofitsright,title,interestandobligations
inandtotheProject,oranypartthereof,onlywiththepriorwrittennoticetothe
City,providedthatsuchparty(hereinafterreferredtoasthe"assignee"),tothe
extentofthesale,conveyance,assignmentorotherdispositionbytheDeveloperto
theassignee,shallbeboundbythetermsofthisAgreementthesameasthe
DeveloperforsuchpartoftheProjectasissubjecttosuchsale,conveyance,
assignmentorotherdisposition.
14.1.2 IftheassigneeoftheDeveloper'sright,title,interestand
obligationsinandtotheProject,oranypartthereofassumesalloftheDeveloper's
obligationshereunderfortheProject,orthatpartsubjecttosuchsale,conveyance,
assignmentorotherdisposition,thentheDevelopershallbereleasedfromallsuch
obligationshereunderwhichhavebeensoassumedbytheassignee,andtheCity
agreestoexecuteaninstrumentevidencingsuchrelease,whichshallbein
recordableform.
14.1.3 AnassignmentoftheProject,oranypartthereof,bytheDeveloper
toanycorporation,limitedpartnership,limitedliabilitycompany,general
partnership,orjointventure,inwhichtheDeveloper(oranentityundercommon
controlwithDeveloper)haseitherthecontrollinginterestorthroughajoint
ventureorotherarrangementsharesequalmanagementrightsandmaintainssuch
controllinginterestorequalmanagementrightsshallnotbedeemedanassignment
ortransfersubjecttoanyrestrictiononorapprovalsofassignmentsortransfers
imposedbythisAgreement,provided,however,thatnoticeofsuchassignment
shallbegivenbytheDevelopertotheCitynotlessthanthirty(30)dayspriorto
suchassignmentbeingeffectiveandtheassigneeshallbeboundbythetermsof
thisAgreementtothesameextentaswouldtheDeveloperintheabsenceofsuch
assignment.
14.1.4 Noassignee,purchaser,sublesseeoracquirerofalloranypartof
theDeveloper'srightsandobligationswithrespecttoanyoneParcelshallinany
waybeobligatedorresponsibleforanyoftheDeveloper'sobligationswithrespect
toanyotherParcelbyvirtueofthisAgreementunlessanduntilsuchassignee,
purchaser,sublesseeoracquirehasexpresslyassumedtheDeveloper'ssuchother
obligations.
14.2 SuccessorsandAssigns.Thetermshereincontainedshallbindandinureto
thebenefitoftheCity,anditssuccessorsandassigns,andtheDeveloperand,as
applicabletothepartiescomprisingDeveloper,theirpersonalrepresentatives,trustees,
heirs,successorsandassigns,exceptasmayotherwisebespecificallyprovidedherein.
SECTION15. MinorNon-Compliance.TheDeveloperwillnotbedeemedto
havefailedtocomplywiththetermsofthisAgreementintheeventsuchnoncompliance,
inthejudgmentoftheCityManager,reasonablyexercised,isofaminoror
inconsequentialnature.
SECTION16. CovenantofCooperation.Thepartiesshallcooperatewithand
dealwitheachotheringoodfaithandassisteachotherintheperformanceofthe
provisionsofthisAgreementandinachievingthecompletionofdevelopmentofthe
Property.
SECTION17. Approvals.Wheneveranapprovalorconsentisrequiredunderor
contemplatedbythisAgreementsuchapprovalorconsentshallnotbeunreasonably
withheld,delayedorconditioned.Allsuchapprovalsandconsentsshallberequestedand
grantedinwriting.
SECTION18.CompletionofAgreement.Uponthecompletionofperformance
ofthisAgreementoritsrevocationortermination,astatementevidencingsuch
completion,revocationorterminationshallbesignedbythepartiesheretoandrecordedin
theofficialrecordsoftheCity.
SECTION19.EntireAgreement.ThisAgreement(includinganyandall
ExhibitsattachedheretoallofwhichareapartofthisAgreementtothesameextentasif
suchExhibitsweresetforthinfullinthebodyofthisAgreement),constitutestheentire
agreementbetweenthepartiesheretopertainingtothesubjectmatterhereof.
SECTION20.Construction.Thetitles,captionsandsectionnumbersinthis
Agreementareinsertedforconvenientreferenceonlyanddonotdefineorlimitthescope
orintentandshouldnotbeusedintheinterpretationofanysection,subsectionor
provisionofthisAgreement.Wheneverthecontextrequiresorpermits,thesingularshall
includetheplural,andpluralshallincludethesingularandanyreferenceinthis
AgreementtotheDeveloperincludestheDeveloper'ssuccessorsorassigns.This
AgreementwastheproductionofnegotiationsbetweenrepresentativesfortheCityand
theDeveloperandthelanguageoftheAgreementshouldbegivenitsplainandordinary
meaningandshouldnotbestrictlyconstruedagainstanypartyheretobasedupon
draftsmanship.IfanytermorprovisionofthisAgreementissusceptibletomorethanone
interpretation,oneormoreofwhichrenderitvalidandenforceable,andoneormoreof
whichwouldrenderitinvalidorunenforceable,suchtermorprovisionshallbeconstrued
inamannerthatwouldrenderitvalidandenforceable.
SECTION21. PartialInvalidity.IfanytermorprovisionofthisAgreementor
theapplicationthereoftoanypersonorcircumstanceisdeclaredinvalidorunenforceable,
theremainderofthisAgreement,includinganyvalidportionoftheinvalidtermor
provisionandtheapplicationofsuchinvalidtermorprovisiontocircumstancesotherthan
thoseastowhichitisheldinvalidorunenforceable,shallnotbeaffectedtherebyand
shallwiththeremainderofthisAgreementcontinueunmodifiedandinfullforceand
effect.Notwithstandingtheforegoing,ifsuchresponsibilitiesofanypartyhereto,tothe
extentthatthepurposeofthisAgreementorthebenefitssoughttobereceivedhereunder
arefrustrated,suchpartyshallhavetherighttoterminatethisAgreementuponfifteen
(15)dayswrittennoticetotheotherparties.
SECTION22. CodeAmendments.Subsequentlyadoptedordinancesandcodes
oftheCitywhichareofgeneralapplicationnotgoverningthedevelopmentoflandshall
beapplicabletotheProperty,andsuchmodificationsarespecificallyanticipatedinthis
Agreement.
SECTION23. GoverningLaw. ThisAgreementshallbegovernedby,and
construedinaccordancewiththelawsoftheStateofFlorida.
SECTION24. Counterparts. ThisAgreementmaybeexecutedincounterparts,
allofwhichtogethershallcontinueoneandthesameinstrument.
SECTION25. Amendment. ThisAgreementmaybeamendedbymutual
writtenconsentoftheCityandtheDevelopersolongastheamendmentmeetsthe
requirementsoftheAct,applicableCityordinances,andFloridalaw.
[Signaturesbeginonfollowingpage]
INWITNESSWHEREOF,thepartieshaveheretoexecutedthisAgreementthe
dateandyearfirstabovewritten.
InthePresenceof:BAYWAYHOTELHOLDINGS,LLC,a
Floridalimitedliabilitycompany
______________________________By:______________________________
PrintName_____________________ StephenJ.Page,Manager
______________________________
PrintName_____________________
AstoDeveloper
STATEOFFLORIDA
COUNTYOFPINELLAS
Theforegoinginstrumentwasacknowledgedbeforemethis______dayof
November,2014,byStephenJ.Page,asManagerofBaywayHotelHoldings,LLC,a
Floridalimitedliabilitycompany,onbehalfoftheCompany,whois[ ]personally
knowntomeorwhohas[ ]produced_____________________________as
identification.
__________________________________
NotaryPublic
PrintName:_________________________
MyCommissionExpires:
CITYOFCLEARWATER,FLORIDA
By:
WilliamB.HorneII
CityManager
Attest:
__________________________________
RosemarieCall,CityClerk
Countersigned:
__________________________________
GeorgeN.Cretekos,Mayor
ApprovedastoForm:
__________________________________
CamiloSoto
AssistantCityAttorney
STATEOFFLORIDA
COUNTYOFPINELLAS
Theforegoinginstrumentwasacknowledgedbeforemethis_____dayof
November,2014,byGEORGEN.CRETEKOS,asMayoroftheCityofClearwater,
Florida,whois [ ]personallyknowntomeor has[ ]produced
_________________________________asidentification.
__________________________________
NotaryPublic
PrintName:_________________________
MyCommissionExpires:
STATEOFFLORIDA
COUNTYOFPINELLAS
Theforegoinginstrumentwasacknowledgedbeforemethis______dayof
November,2014,byWILLIAMB.HORNE,II,asCityManageroftheCityof
Clearwater,Florida,whois[ ]personallyknowntomeorwhohas[ ]produced
_____________________________asidentification.
__________________________________
NotaryPublic
PrintName:_________________________
MyCommissionExpires
5922153v1
EXHIBIT“A”
LegalDescription
Units1-12and14-17,ofBELCRESTCONDOMINIUM,aCondominium,accordingtothe
DeclarationofCondominiumasrecordedinOfficialRecordBook6319,Pages2114andall
exhibitsandamendmentsthereof,andrecordedinCondominiumPlatBook92,Page70,allof
thePublicRecordsofPinellasCounty,Florida. Togetherwithanundividedshareorinterestin
theCommonElementsappurtenantthereto.
Alsoknownas:
Lots25and26,BlockA,BAYSIDESUBDIVISIONNO.5,accordingtothemapofplatthereof
asrecordedinPlatBook38,Page38,PublicRecordsofPinellasCounty,Florida.
EXHIBIT“B”
ConceptualSitePlan
EXHIBIT“C”
COVENANTREGARDINGHURRICANEEVACUATION
AndDEVELOPMENT,USEANDOPERATION
DECLARATIONOFCOVENANTSANDRESTRICTIONS
THISDECLARATIONOFCOVENANTSANDRESTRICTIONS("Declaration")is
madeasofthe_____dayof_________________,2014,by BaywayHotelHoldings,LLC,a
Floridalimitedliabilitycompany("Developer").
DeveloperistheowneroffeesimpletitletotherealpropertydescribedinSchedule1
attachedheretoandmadeaparthereof(hereinafter,the("RealProperty").TheCityof
Clearwater,Florida(the"City"),hasamendeditsComprehensivePlantodesignateClearwater
BeachasaCommunityRedevelopmentDistrictpursuanttothePinellasCountyPlanning
CouncilRulesinordertoimplementtheprovisionsofBeachbyDesign,aplanforthe
revitalizationofClearwaterBeach.
ThedesignationofClearwaterBeachasaCommunityRedevelopmentDistrict(the
"Designation")providesfortheallocationofHotelDensityReserveUnitsasanincentiveforthe
developmentofmid-sizequalityhotels.PursuanttotheDesignation,theallocationofHotel
DensityReserveUnitsissubjecttocompliancewithaseriesofperformancestandards,including
arequirementthatresortscontainingahoteldevelopedwithHotelDensityReserveUnitsshall
beclosedandallGuestsevacuatedfromsuchhotelsassoonaspracticableaftertheNational
HurricaneCenterpostsahurricanewatchthatincludesClearwaterBeach.Thepurposeofsuch
evacuationistoensurethatsuchahotelisevacuatedinadvanceoftheperiodoftimewhena
hurricaneevacuationwouldbeexpectedinadvanceoftheapproachofhurricaneforcewinds.
TheCityhasgranted,byCityCouncilResolution__________,passedandapprovedon
____________,2014,Developer'sapplicationforHotelDensityReserveUnitspursuanttothe
Designation,subjecttoDeveloper'scompliancewiththerequirementsoftheDesignation.
Developerdesiresforitself,anditssuccessorsandassigns,asowner,toestablishcertainrights,
duties,obligationsandresponsibilitieswithrespecttotheuseandoperationoftheRealProperty
inaccordancewiththetermsandconditionsoftheallocationoftheHotelDensityReserveUnits
totheCityandtheDesignation,whichrights,duties,obligationsandresponsibilitiesshallbe
bindingonanyandallsuccessorsandassignsandwillrunwiththetitletotheRealProperty.
THEREFORE,inconsiderationofthecovenantsandrestrictionshereinsetforthandto
beobservedandperformed,andinfurtherconsiderationoftheallocationofHotelDensity
ReserveUnitstoDeveloper,andothergoodandvaluableconsideration,thesufficiencyofwhich
isherebyacknowledged,Developerherebydeclares,covenantsandagreesasfollows:
1.BenefitandEnforcement.Thesecovenantsandrestrictionsaremadeforthe
benefitofDeveloperanditssuccessorsandassignsandshallbeenforceablebythemandalsofor
thebenefitoftheresidentsoftheCityandshallbeenforceableonbehalfofsaidresidentsbythe
CityCounciloftheCity.
2.CovenantofDevelopment,UseandOperation.Developerherebycovenantsand
agreestothedevelopment,useandoperationoftheRealPropertyinaccordancewiththe
provisionsofthisDeclaration.
2.1 Use.TheuseoftheresortontheRealPropertyisrestrictedasfollows:
2.1.1 Fifteen(15)units,whichisthenumberofhotelunitsallocatedto
DeveloperfromtheHotelDensityReserve,shallbeusedsolelyfortransient
occupancyofonemonthorthirty(30)consecutivedaysorless,mustbelicensed
asapubliclodgingestablishmentandclassifiedasahotel,andmustbeoperated
byasinglelicensedoperatorofthehotel. Allotherunitsshallbelicensedasa
publiclodgingestablishment. Nounitshallbeusedasaprimaryorpermanent
residence. Accesstoovernightaccommodationunitsmustbeprovidedthrougha
lobbyandinternalcorridor. Areservationsystemshallberequiredasanintegral
partofthehoteluseandthereshallbealobby/frontdeskareathatmustbe
operatedasatypicallobby/frontdeskareaforahotelwouldbeoperated. All
hotelunitsshallberequiredtobesubmittedtoarentalprogramrequiringallhotel
unitstobeavailableformembersofthepublicasovernighthotelguestsona
transientbasisatalltimes. Nounitshallhaveacompletekitchenfacilityasthat
termisusedinthedefinitionof“dwellingunit”intheCode. Developershall
makeavailableforinspectiontoauthorizedrepresentativesoftheCityitsbooks
andrecordspertainingtoeachHotelDensityReserveunituponreasonablenotice
toconfirmcompliancewiththeseregulationsasallowedbygenerallaw. The
DeveloperagreestocomplywiththeDesignGuidelinesassetforthinSection
VII.ofBeachbyDesign.
2.1.2Asusedherein,theterms"transientoccupancy,""publiclodging
establishment,""hotel”,and"operator"shallhavethemeaninggiventosuch
termsinFloridaStatutesChapter509,PartI.
2.2 ClosureofImprovementsandEvacuation.TheHoteldevelopedontheReal
Propertyshallbeclosedassoonaspracticableupontheissuanceofahurricanewatchbythe
NationalHurricaneCenter,whichhurricanewatchincludesClearwaterBeach,andallHotel
guests,visitorsandemployeesotherthanemergencyandsecuritypersonnelrequiredtoprotect
thehotel,shallbeevacuatedfromtheHotelassoonaspracticablefollowingtheissuanceofsaid
hurricanewatch.IntheeventthattheNationalHurricaneCentershallmodifytheterminology
employedtowarnoftheapproachofhurricaneforcewinds,theclosureandevacuation
provisionsofthisDeclarationshallbegovernedbythelevelofwarningemployedbythe
NationalHurricaneCenterwhichprecedestheissuanceofaforecastofprobablelandfallinorder
toensurethattheguests,visitorsandemployeeswillbeevacuatedinadvanceoftheissuanceof
aforecastofprobablelandfall.
3 EffectiveDate.ThisDeclarationshallbecomeeffectiveuponissuanceofall
buildingpermitsrequiredtobuildtheproject("Project")andDeveloper'scommencementof
constructionoftheProject,asevidencebyaNoticeofCommencementfortheProject.This
DeclarationshallexpireandterminateautomaticallyifandwhentheallocationofReserveUnits
totheDeveloperexpiresoristerminated.
4 GoverningLaw.ThisDeclarationshallbeconstruedinaccordancewithand
governedbythelawsoftheStateofFlorida.
5 Recording.ThisDeclarationshallberecordedinthechainoftitleoftheReal
PropertywiththeClerkoftheCourtsofPinellasCounty,Florida.
6 Attorneys'Fees.DevelopershallreimbursetheCityforanyexpenses,including
reasonableattorneys'fees,whichareincurredbytheCityintheeventthattheCitydetermines
thatitisnecessaryandappropriatetoseekjudicialenforcementofthisDeclarationandtheCity
obtainsrelief,whetherbyagreementofthepartiesorthroughorderofacourtofcompetent
jurisdiction.
7 Severability.Ifanyprovision,orpartthereof,ofthisDeclarationorthe
applicationofthisDeclarationtoanypersonorcircumstancewillbeorisdeclaredtoanyextent
tobeinvalidorunenforceable,theremainderofthisDeclaration,ortheapplicationofsuch
provisionorportionthereoftoanypersonorcircumstance,shallnotbeaffectedthereby,and
eachandeveryotherprovisionofthisDeclarationshallbevalidandenforceabletothefullest
extentpermittedbylaw.
[Signaturesbeginonfollowingpage]
INWITNESSWHEREOF,DeveloperhascausedthisDeclarationtobeexecutedthis
_____dayof______________,2014.
InthePresenceof:BAYWAYHOTELHOLDINGS,LLC,a
Floridalimitedliabilitycompany
______________________________By:______________________________
PrintName_____________________ StephenJ.Page,Manager
______________________________
PrintName_____________________
AstoDeveloper
STATEOFFLORIDA
COUNTYOFPINELLAS
Theforegoinginstrumentwasacknowledgedbeforemethis______dayof
________________,2014,byStephenJ.Page,asManagerofBaywayHotelHoldings,LLC,a
Floridalimitedliabilitycompany,onbehalfoftheCompany,whois[ ]personallyknownto
meorwhohas[]produced_____________________________asidentification.
__________________________________
NotaryPublic
PrintName:_________________________
MyCommissionExpires:
CITYOFCLEARWATER,FLORIDA
By:
WilliamB.HorneII,
CityManager
Attest:
__________________________________
RosemarieCall,CityClerk
Countersigned:
__________________________________
GeorgeN.Cretekos,Mayor
ApprovedastoForm:
__________________________________
CamiloSoto
AssistantCityAttorney
STATEOFFLORIDA
COUNTYOFPINELLAS
Theforegoinginstrumentwasacknowledgedbeforemethis_____dayof
_______________,2014,byGEORGEN.CRETEKOS,asMayoroftheCityofClearwater,
Florida,whois[ ]personallyknowntomeor has[ ]produced
_________________________________asidentification.
__________________________________
NotaryPublic
PrintName:_________________________
MyCommissionExpires:
STATEOFFLORIDA
COUNTYOFPINELLAS
Theforegoinginstrumentwasacknowledgedbeforemethis______dayof
____________________,2014,byWILLIAMB.HORNE,II,asCityManageroftheCityof
Clearwater,Florida,whois[ ]personallyknowntomeorwhohas[ ]produced
_____________________________asidentification.
__________________________________
NotaryPublic
PrintName:_________________________
MyCommissionExpires:
EXHIBIT“D”
COVENANTOFUNIFIEDUSE
PLEASERETURNRECORDEDDOCUMENTTO:
__________________________________________
__________________________________________
_________________________________________
COVENANTOFUNIFIEDUSE
THISCOVENANTOFUNIFIEDUSE(the"Covenant")isexecutedthis_____dayof
_____________,2014,by BaywayHotelHoldings,LLC,aFloridalimitedliabilitycompany
(“Developer").
WITNESSETH:
WHEREAS,DeveloperistheowneroftherealpropertylegallydescribedonSchedule
"A"attachedheretoandincorporatedhereinbyreference(the"RealProperty");and
WHEREAS,DeveloperandtheCityofClearwater,Florida(the"City")arepartiestothat
certainHotelDensityReserveDevelopmentAgreementdated___________,2014(the
"Agreement"),pursuanttowhichtheCityhasagreedthatDevelopermaydevelopandconstruct
upontheRealPropertyahotelprojectasdescribedintheAgreement(the"Project");and
WHEREAS,DeveloperintendstodevelopandoperatetheRealPropertyforaunified
use,asmoreparticularlydescribedinthisCovenant.
NOW,THEREFORE,inconsiderationofthesumofTenDollars($10.00)andother
goodandvaluableconsideration,thereceiptandsufficiencyofwhichareherebyacknowledged,
Developerdoesherebyagreethat,effectiveasofthedateonwhichDeveloperreceivesall
permitsrequiredtoconstructtheProjectandDevelopercommencesconstructionthereof,as
evidencedbyaNoticeofCommencementfortheProject,theRealPropertyshallbedeveloped
andoperatedasalimited-servicehotelproject,asdescribedintheAgreement.Therestrictions
setforthintheprecedingsentenceshallexpireautomaticallywhenandifDeveloper'sallocation
ofadditionalhotelunits(asdefinedintheAgreement)expiresoristerminated.Nothinginthis
AgreementshallrequireDevelopertodeveloptheProjectorrestrictDeveloper'sabilitytosell,
assign,transferorotherwiseconveyitsrightinandtotheRealPropertyoranyportionor
portionsthereoftounrelatedthird-parties.DeveloperagreesthattheCityshallhavetherightto
enforcethetermsandconditionsofthisAgreement.
Notwithstandingtheforegoing,allHotelUnitsmaybeoperatedbyasinglehotel
operator.
INWITNESSWHEREOF,DeveloperhascausedthisCovenanttobeexecutedthis
_____dayof______________,2014.
InthePresenceof:BAYWAYHOTELHOLDINGS,LLC,a
Floridalimitedliabilitycompany
______________________________By:______________________________
PrintName_____________________ StephenJ.Page,Manager
______________________________
PrintName_____________________
AstoDeveloper
STATEOFFLORIDA
COUNTYOFPINELLAS
Theforegoinginstrumentwasacknowledgedbeforemethis______dayof
_______________,2014,byStephenJ.Page,asManagerofBaywayHotelHoldings,LLC,a
Floridalimitedliabilitycompany,onbehalfoftheCompany,whois[ ]personallyknownto
meorwhohas[ ]produced_____________________________asidentification.
__________________________________
NotaryPublic
PrintName:_________________________
MyCommissionExpires:
5921786v1
CITYOFCLEARWATER,FLORIDA
By:
WilliamB.HorneII,
CityManager
Attest:
__________________________________
RosemarieCall,CityClerk
Countersigned:
__________________________________
GeorgeN.Cretekos,Mayor
ApprovedastoForm:
__________________________________
CamiloSoto
AssistantCityAttorney
STATEOFFLORIDA
COUNTYOFPINELLAS
Theforegoinginstrumentwasacknowledgedbeforemethis_____dayof
______________,2014,byGEORGEN.CRETEKOS,asMayoroftheCityofClearwater,
Florida, whois [ ]personallyknowntomeor has[ ]produced
_________________________________asidentification.
__________________________________
NotaryPublic
PrintName:_________________________
MyCommissionExpires:
STATEOFFLORIDA
COUNTYOFPINELLAS
Theforegoinginstrumentwasacknowledgedbeforemethis______dayof
____________________,2014,byWILLIAMB.HORNE,II,asCityManageroftheCityof
Clearwater,Florida,whois[ ]personallyknowntomeorwhohas[ ]produced
_____________________________asidentification.
__________________________________
NotaryPublic
PrintName:_________________________
MyCommissionExpires:
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BAYWAYHOTELHOLDINGS,LLC
COCONUTCOVE
706BAYWAYBOULEVARD,CLEARWATER BEACH
Description of Request
The Applicant, Bayway Hotel Holdings, LLCrequests approval of a development agreement to grant 15
units from the Hotel Density Reserve for a 32 overnight accommodations unit hotel. The subject
property comprises 0.35 acres m.o.l. and is bounded by Bayway Boulevard to the south, Clearwater Bay to
the north, the Clearwater Police Department to the west and the condominiums to the east.
Discussion
The site is located within an area designated by Beach by Design as the “Clearwater Pass District”and
calls for modest developments on smaller lots with a diversity of uses including high rise condominiums,
resort hotels, hotels, motels, retail and restaurant uses. Beach by Design contemplates that the “Clearwater
Pass District” will be an area of strategic revitalization and renovation in the response to improving
conditions on the balance of Clearwater Beach.
Beach by Design identifies a disparity between hotels and condominiums, and strongly encourages mid-
priced hotel development. Beach by Design indicates Clearwater Beach can support an addition 1,385 hotel
rooms and further provides increased densities through the Hotel Density Reserve to aid in achieving the
additional mid-priced hotel units on Clearwater Beach. The newCoconut Cove is proposedas a limited
service property located between an existing limited service property and to the west of the existing
Clearwater Police Station.
Proposed Use
The proposed Coconut Cove hotel will include 32-overnight accommodation units. The design provides for
an eight story building which includes a 6-story hotel over 2 levels of parking.
The proposal utilizes 15-units from the Hotel Density Reserve where a maximum of 100 units can be
requested and will provide an overall density of92units per acre where Beach by Design allows a
maximum of 150 units per acre.
BEACH BY DESIGN–Section VII
Design Guidelines
The proposed development is consistent with the design guidelines found in Beach by Design.
The Mediterranean Revival type of architecture is an example of the type of architecture found
on Clearwater Beach and promoted in Beach by Design.
Section A–Density
The proposed development is 32 overnight accommodationunitslocated on .35acres. Typically,
only 17 units are permitted (.35 x 50 u/a). This request includes a request for 15 additional units
from the Hotel Density Reserve for a total of 93 units/acre; less than the otherwise permitted 150
units per acre.
Section B-Height
Section B.1provides that a height of up to 150 feet may be permitted where additional density is
allocated to the development by either TDR’s, or via the Destination Resort Density Pool
pursuant to the CRD designation, or via the Hotel Density Reserve where the subject property is
located between South Gulfview Boulevard and the Gulf of Mexico or on the west side of
Coronado Drive. Otherwise, height is governed by the specific Beach By Design district or,
lacking such direction, the CDC. The proposal provides for a building 77’9”high to top of the
mansard roof (70 ft. to top of roof slab) (above BFE)which is below the maximum permitted
height of 100 ft. when accompanied by a development agreement.
Section B.2requires that portions of any structures which exceed 100 feet are spaced at least 100
feet apart. This section also includes overall separation requirements for structures over 100 feet
in height as two options) no more than two structures which exceed 100 feet within 500 feet; or
(2) no more than four structures which exceed 100 feet within 800 feet. The proposal provides
for a building that is less than 100 feet in height. The buildings to the east and west are also less
than 100 feet in height, therefore the applicant has demonstrated that there are no more than two
structures which exceed
100 feet within 500 feet thereby fulfilling the requirement of Option 2, above.
Section B.3provides that the floorplate of any portion of a building that exceeds 45 feet in height
is limited as follows:
a.Between 45 feet and 100 feet the floorplate will be no greater than 25,000 square
feet for parking structures open to the public; and
b.Between 100 feet and 150 feet, the floorplate will be no greater than 10,000
square feet; and
c.Deviations to the above floorplate requirements may be approved provided the
mass and scale of the design creates a tiered effect and complies with the
maximum building envelope allowance above 45 feet as described in Section
C1.4 of the Design Guidelines.
The proposal meets this provision in that the floor plate above 45 ft. is less than 25,000 square
feet.
Section C
Section C.1requires buildings with a footprint of greater than 5,000 square feet or a single
dimension greater than 100 feet be constructed so that no more than two of the three building
dimensions in the vertical or horizontal planes are equal in length. The proposed building
footprint is approximately 6200 square feet. While the footprint is rectangular, there is an entry
on the south elevation, ramp area on east and south, pool located on the northeast corner,
balconies on the rear elevation –all which break the horizontal planes.
Section C.2requires no plane or elevation to continue uninterrupted for greater than 100 feet
without an offset of more than 5 feet. No portion of the building façade continues for more than
100 feet in length, therefore this provision is supported by this proposal.
Section C.3requires that at least 60 percent of any elevation (with elevation being defined as that
portion of a building that is visible from a particular point outside the parcel proposed for
development) to be covered with windows or architectural decoration. The application indicates
compliance with this requirement using windows, balconies and architectural details on all
facades. Coverage is approximately 60 to 70 percent on any given façade, therefore this
provision is supported by the proposal.
Section C.4 provides that no more than 60 percent of the theoretical maximum building
envelope located above 45 feet will be occupied by a building. The proposed building is 60
percent of the theoretical maximum at all levels, therefore this provision has been met.(please
see attached massing study included herewith).
Section C.5 requires that height and mass of building be correlated to (1) the dimensional
aspects of the parcel proposed for development and (2) adjacent public spaces such as streets and
parks. The proposed building is 35 feet from the front property lineand includes an entry to the
parking area from the front with a ramp that wraps around the side of the building. It is similar
in size and scope to other buildings located on Bayway facing Clearwater Bay.
Section C.6permits buildings to be designed for a vertical or horizontal mix of permitted uses.
The proposal is for a single use; overnight accommodations. Therefore this guideline is not
applicable to the development.
Section D
Section D.1provides that the distances from the structures to the edge of the right-of-way should
be 15 feet along arterials and 12 feet along local streets. The proposal provides a distance of 35
feet from the structure to the right-of-way, meetingthe provisions of this section and a setback of
10 ft. to pavement for the entry wayand 35 ft. to the building itself.
Section D.2 provides that except for the side and rear setbacks set forth elsewhere in Beach By
Design, no side or rear setback lines are recommended, except as may be required to comply
with the City’s fire code. The proposal includes side (east and west) setbacks 6 ft. (to the west)
and 6 ft. (to the east) to pavement/structure as the eastern side includes the ramp to the parking
area. The pool is located on the northeast coener of the property and is zero setback to
pavement.
Section D.3addresses setbacks and stepbacks along Coronado and Hamden Drives. The
proposal is not located along either of these streets, therefore this guideline is not applicable to
the proposal.
Section E
Section E.1requires that at least 60 percent of the street level facades (the portion of the building
within 12 feet of grade) of buildings used for nonresidential purposes which abut a public street
or pedestrianaccess way, will include windows or doors that allow pedestrians to see into the
building, or landscaped or hardscaped courtyards or plazas, where street level facades are set
back at least 15 feet from the edge of the sidewalk or the area between the sidewalk and the
façade is a landscaped or hardscaped courtyard or plaza. In addition, parking structures should
utilize architectural details and design elements such as false recessed windows, arches, planter
boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a
public road or other public place, it will be designed such that the function of the building is not
readily apparent except at points of ingress and egress.
The street level facades of this proposal include glass windows that will allow pedestrians to see
into the building. The parking garage will have architectural details to disguise the use.
Section E.2provides that window coverings, and other opaque materials may cover no more than
10 percent of thearea of any street-level window in a non-residential building
that fronts on a public right-of-way. While this is more of an operationally-relevant requirement,
the applicant has committed to meet this provision. Therefore, this guideline is met by this
proposal.
Section E.3requires that building entrances should be aesthetically inviting and easily identified.
The entrance to the building is generous in size, well-detailed and easily identified. Therefore
this guideline is met by this proposal.
Section E.4recommends the use of awnings and other structures that offer pedestrians cover
from the elements especially at entryways. The proposal does not lend itself to over-street
awnings however the entrance is distinguished by a large protrusion at the entrance providing
ample protection from the elements. Awnings are also provided on the roof above this covered
opening. Therefore this guideline is met by this proposal.
Section F
Section F addresses issues related to parking areas. Parking is addressed via a small parking area
at grade, parking under the building and one floor of structured parking completely integrated
into the design of the site. Vehicular access and direction of flow will be clearly marked with
two-way access to the parking lot and garage at all points of ingress/egress, therefore this
guideline is met by this proposal.
Section G
Section G addresses issues related to signage. A sign package has not been included with the
submittal. Any proposed signage will be required to meet the requirements of this section of
Beach By Design and any applicable portion of the Community Development Code.
Section H
Section H addresses issues related to sidewalks (also addressed in Section D, above) and
provides that all sidewalks along arterials and retail streets should be at least 10 feet in width.
The proposal is not located along a retail or arterial street and provides sidewalks 5 feet in width.
The guideline is met by this proposal.
Section I
Section I addresses issues related to street furniture and bicycle racks. A bicycle racks is
proposed on the west side of the building for this development. The applicant will coordinate
with City Staff with regard to the placement and installation methodology for any street furniture
that may be proposed at the time of permit submittal. The enclosed site plan includes a bike
rack.
Section J
Section J addresses issues related to street lighting. Street lighting is not proposed with this
development, therefore this section is not applicable to the proposal.
Section K
Section K addresses issues related to fountains. A fountain is not proposed with this
development, therefore this section is not applicable to the proposal.
Section L
Section L addresses issues related to materials and colors. Finish materials and building colors
are required to reflect Florida or coastal vernacular themes. The proposed hotel building has a
distinctive contemporary design that will make it an attractive landmark at this location. The
color scheme will reflect a Floridian theme and will require staff approval and must meet this
portion of the Design Guidelines. The proposed color scheme and material schedule meets the
requirements of this section.
RESERVE CRITERIA
1.Those properties and/or developments that have acquired density from the Destination
Resort Density Pool are not eligible to have rooms allocated from the Reserve.
No rooms from the Destination Resort Density Pool have been allocated to this proposal.
2.Those properties and/or developments that have had density transferred off to another
property and/or development(s) through an approved Transfer of Development Rights
(TDR) application by the City after December 31, 2007, are not eligible to have rooms
allocated from the Reserve.
No TDR has been approved by the City for the site.
3.The Hotel Density Reserve shall not be used to render nonconforming density
conforming.
The reserve units will not be utilized to render the proposal’s density conforming. The
proposal conforms to density requirements.
4.A maximum of 100 hotel rooms may be allocated from the reserve to any development
with a lot size less than 2.5 acres. Those developments with a lot size greater than or
equal to 2.5 acres may use the Reserve to achieve a density of 90 hotel rooms per acre.
However, in no instance shall the density of a parcel of land exceed 150 units per acre
regardless of whether it has received benefit of transfers of development rights or units
through a termination of status of nonconformity in addition to the Reserve, or not.
This proposal requests 15 units from the Reserve and will have a density of 91.42 units
per acre, which is well within the criteria.
5.Accessory uses inconsistent withamenities typical of a mid-priced hotel shall require
compliance with the base FAR requirements of the Resort Facilities High (RFH) Future
Land Use category.
This proposal provides a pool, and perhaps a small breakfast area, consistent with limited
service properties on the beach.
6.No hotel room allocated from the Reserve may be converted to a residential use (i.e.
attached dwelling).
All units allocated from the Reserve will be utilized as hotel rooms. No residential uses
are proposed.
7.All units in a hotel receiving units from the Reserve shall be made available to the public
as overnight hotel guests at all times through the required hotel reservation system.
Occupancy in any hotel receiving units from the Reserve is limited to a term of less than
one (1) month or thirty-one (31) consecutive days, whichever is less and units in such a
hotel shall not be used as a primary or permanent residence.
All units will be made available through the required hotel reservation system as
overnight hotel guestsand the development agreement includes a covenant limiting the
usefor an occupancy term of no more than one month or thirty-one consecutive days,
whichever is less. No units will be utilized as a primary or permanent residence.
8.No hotel room in a hotel allocated units from the Reserve may have a full kitchen. Mini
kitchens, defined as including reduced sized kitchen appliances, may be permitted.
This floor plans as shown do not include kitchens.
10.The maximum building heights of the various character districts cannot be increased to
accommodate hotel rooms allocated from the Reserve.
The proposed development is consistent with the Level Two approval of a hotel in the
Toursit District with a height of no more than 100 ft.
11.When both the allocation of hotel rooms from the Reserve and the transfer of
development rights (TDR) are utilized as part of a development, only hotel rooms
brought in to the project through the TDR process are eligible to be constructed above the
otherwise maximum building height, but only provided that all TDR criteria are met.
This proposal does not include any units obtained through a TDR. This criteria is not
applicable.
12.A legally enforceable mandatory evacuation/closure covenant that the overnight
accommodations use will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
This proposal will comply with the mandatory evacuation/closure covenant.
13.Access to overnight accommodation units must be provided through a lobby and internal
corridors.
This proposal includes lobby and internal corridor access to the overnight
accommodation units.
14.All hotel rooms obtained from the Reserve that are not constructed shall be returned to
the Reserve.
5921785v2
Any hotel rooms that have been obtained from the Reserve but are not constructed will be
returned to the Reserve.
15.The development shall comply with the Metropolitan Planning Organization’s (MPO)
countywide approach to the application of concurrency management for
transportation facilities, and the transportation analysis conducted for the development
shall include the following:
a)Recognition of standard data sources as established by the MPO.
b)Identification of level ofservice (LOS) standards for state and county roads as
established by the MPO
c)Utilization of proportional fair-share requirements consistent with Florida Statutes
and the MPO model ordinance;
d)Utilization of the MPO Traffic Impact Study Methodology; and
e)Recognition of the MPO designation of “Constrained Facilities” as set forth in the
most current MPO Annual Level of Service Report.
This proposal will comply with the MPO’s countywide approach to the application of
concurrency management.
16.A reservation system shall be required as an integral part of the hotel use and there shall
be a lobby/front desk area that must be operated as a typical lobby/front desk area for a
hotel would be operated.
This proposal includes a front desk area that will be operated as a typical lobby/front desk
area.
17.The books and records pertaining to use of each hotel room shall be open for inspection
by authorized representatives of the City, upon reasonable notice, in order to confirm
compliance with these regulations as allowed by general law.
The owner agrees to provide the City access to its records as required by Beach by
Design.
UPDATED 10/07/2014
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Expiration
Date Case Number Planner Notes
101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed FLD2009-03013 / DVA2009-00001 Wells
619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed FLD2008-12033 / DVA2008-00002 Wells reduced number of allocated rooms from 68 to 42 as a minor revision on July
6, 2011
Total Number of Rooms Allocated from Reserve 114
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Expiration
Date Case Number Planner Notes
300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 11/17/2014 FLD2009-08026 / DVA2009-00002 Wells
316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 11/17/2014 FLD2009-08027 / DVA2009-00003 Wells
40 Devon Drive (Sea Captain)53 85 0.66 128.98 32.00 5/21/2013 1/13/2011 5/21/2015 FLD2013-02007 / DVA2010-08001A Jackson one year time extension granted - DOfor FLD2013-02007 expires 05-21-15
443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 9/16/2014 FLD2012-03008/DVA2012-03001 Jackson one year time extension granted - DOfor FLD2012-03008 expires 09-16-14;
Building Permit applied for: BCP2014-08618 - submitted 08-29-14
650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 6/23/2015 FLS2013-02006 / DVA2013-02001 Nurnberger
655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)80 171 1.44 119.00 71 5/21/2013 6/19/2013 6/19/2015 FLD2013-03011 / DVA2013-03001 Nurnberger Came in for additional site plan approval and a revision to the HDA - see
FLD2014-03007/HDA2014-02001
691 S. Gulfview Boulevard (the Views)92 202 1.34 150.75 67 N/A 10/16/2013 12/17/2015 HDA2013-08001/FLD2013-08028 Nurnberger
325 South Gulfview Boulevard 100 180 1.60 112.50 80 N/A 6/4/2014 6/4/2015 HDA2013-08004 Parry
353 Coronado Drive 96 158 0.962 164.24 48 N/A 6/19/2014 6/19/2015 HDA2013-08005 Parry
625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 HDA2013-08007 Parry
The maximum amount of units allotted is 69 although as few as 39 may be
used. It is possible that 30 units may be returned to the Reserve. Term. Of
Status for density approved October 15, 2013, see FLD2013-08025
715 South Gulfview Boulevard 93 208 2.313 89.93 115.65 N/A 2/20/2014 2/20/2015 HDA2013-12008 Parry
The acreage is the portion of the site remaining after subtracting the amount of
land needed to support 74 attached dwelling units. The total site is 4.38 acres
(zoned T). 2.067 acres is requried for the residential part leaving 2.313 acres
655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)10 181 1.437 125.96 71 N/A 4/16/2014 4/16/2015 FLD2014-03007/HDA2014-02001 Nurnberger
521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 6/19/2015 FLD2013-11038/FLD2014-06019/
HDA2014-04002 Parry
site plan as related to HDA214-04002 approved as part of FLD201311038.
New site plan approval request to accommodated approved units as part of
the HDA - FLD2014-06019 (pending DRC review)
405 Coronado Drive 100 166 1.32 125.76 66 N/A 9/18/2014 9/18/2015 HDA2013-08006 Parry
401 South Gulfview Boulevard (Alanik)100 227 1.953 117.00 98 N/A 9/18/2014 9/18/2015 HDA2014-06004 Parry
Total Number of Rooms Allocated from Reserve 1,123
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Expiration
Date Case Number Planner Notes
40 Devon Drive (Sea Captain)13 98 0.659 148.70 32 N/A PENDING PENDING HDA2014-07004 Jackson DRC Meeting: 09-04-14; Tentative CC 1st Reading: 10/02/14 and 2nd
Reading: 10-15-14
630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 60 N/A PENDING PENDING HDA2014-08007 Parry DRC meeting: 10-02-14; CC 1st Reading: 11-06-14 and 2nd Reading: 11-20-
14
706 Bayway 15 32 0.349 91.69 17 N/A PENDING PENDING HDA2014-08006 Parry DRC meeting: 10-02-14; CC 1st Reading: 11-06-14 and 2nd Reading: 11-20-
14
405/408 East Shore Drive 20 N/A PENDING PENDING Jackson
Total Number of Rooms Pending Allocation 148
Total Number of Rooms in Reserve 1,385
APPROVED HOTEL DENSITY RESERVE PROJECTS
PENDING HOTEL DENSITY RESERVE PROJECTS
CONSTRUCTED HOTEL DENSITY RESERVE PROJECTS
Total Number of Rooms Allocated from Reserve 1,237
Total Number of Rooms Pending Allocation 148
Total Remaining For Allocation 0
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-592
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Provide direction on the proposed Development Agreement between Elias Anastasopoulos
and Anastasios Anastasopoulos (the property owners), Captain Bligh’s Landing, Inc. (the
Developer) and the City of Clearwater, providing for the allocation of 100 units from the Hotel
Density Reserve under Beach by Design and confirm a second public hearing in City Council
Chambers before City Council on November 20, 2014 at 6:30 p.m., or as soon thereafter as
may be heard. (HDA2014-08007; 630 South Gulfview Boulevard)
SUMMARY:
Site Location and Existing Conditions:
The 1.192-acre site is a double frontage lot bound by South Gulfview Boulevard on the south
and Bayway Boulevard on the north approximately 240 feet east of the intersection of South
Gulfview Boulevard and Bayway Boulevard. The subject property is comprised of two parcels
with a frontage of approximately 286 feet along South Gulfview Boulevard and 280 feet along
Bayway Boulevard. The site is occupied by an outdoor recreation and entertainment use
(miniature golf) and a retail sales service use. The subject property is zoned Tourist (T)
District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High
(RFH). The subject property is also located within the South Beach /Clearwater Pass District
of Beach by Design.
The larger area is characterized by a variety of uses including overnight accommodation,
retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with
heights ranging from one to 15 stories. The immediate area is characterized by one to 11
story buildings consisting mostly of retail, restaurant, overnight accommodations and attached
dwellings.
Development Proposal:
The owners propose to utilize the otherwise permitted density of 50 units per acre or 59 units
and incorporate an additional 100 units from the Hotel Density Reserve through Beach by
Design resulting in a total of 159 units (134 units per acre).
The building will be 100 feet (from Base Flood Elevation) to flat roof with the parking on the
first four levels. The proposal includes a Contemporary Tropical architecture, which is
consistent with and complements the tropical vernacular envisioned in Beach by Design.
The site will be accessed via a single one -way driveway located at the southeast corner of the
building along South Gulfview Boulevard and an ingress -only driveway at the northwest corner
of the site and egress -only driveway at the northeast corner of the building along Bayway
Boulevard. These three driveways will provide access to the parking garage component of the
development.
A swimming pool will located on the 10th floor at the northwest corner of the building. Various
other outdoor patios are located on the north and south sides of the building at the 5th floor.
Page 1 City of Clearwater Printed on 11/4/2014
File Number: ID#14-592
Retail, restaurant or other like amenities are proposed totaling 18,000 square feet
(approximately 12 percent of the total floor area of the building). The retail uses will be
located along South Gulfview Boulevard with the retail spaces at the southwest corner of the
building accessible through an elevated sidewalk, located entirely on the subject property,
three feet above grade. The ground floor will also include parking, lobby and assorted back of
house uses. Floors two through four will include just parking. The remaining floors will
include all 159 hotel units.
Eight and five foot sidewalks exist along South Gulfview Boulevard and Bayway Boulevard,
respectively. These sidewalks continue to the east and west of the subject property. They will
be repaired/replaced as needed and will match the existing sidewalk with regard to width .
Materials, fit, finish and installation methodology will be coordinated with City Staff. Bike racks
are proposed along South Gulfview Boulevard and likewise, the materials, fit, finish and
installation methodology will be coordinated with City Staff.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an overnight
accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The
subject property is 51,862 square feet in area and approximately 280 feet wide. The site is
consistent with these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of between zero and 15 feet along the front (south)
to building and zero feet along the front (north) to building; 12 feet to building along the sides
(east and west). The proposed setbacks may be approved as part of a Level Two (FLD)
application, subject to meeting the applicable flexibility criteria of the Community Development
Code.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically addresses height and
is delineated in three subsections. Sections B .1 and 2 impact development with heights
between 100 and 150 feet. The proposal provides for a building 100 feet in height as
measured from BFE where a height of up to 100 feet is permitted as prescribed by the CDC
(subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a
Level II Flexible Development application) and limited by Beach by Design. Therefore, these
two sections are not applicable to the proposal.
Section B.3 provides that the floorplate of any portion of a building that exceeds 45 feet in
height is limited as follows:
a)Between 45 feet and 100 feet the floorplate will be no greater than 25,000 square feet
except for parking structures open to the public; and
b)Between 100 feet and 150 feet, the floorplate will be no greater than 10,000 square
feet; and
c)Deviations to the above floorplate requirements may be approved provided the mass
and scale of the design creates a tiered effect and complies with the maximum building
envelop allowance above 45 feet as described in Section C. 1.4 of the Design
Guidelines.
The proposal meets this provision in that the floorplate above 45 feet is 23,070 square feet
and there is no floorplate over 100 feet. Therefore, this section is supported by the proposal.
The height of the proposed building is consistent with the guidelines of Beach by Design.
Minimum Off-Street Parking:
The 159-room overnight accommodation use requires a minimum of 191 off-street parking
spaces. A parking garage located on the first four levels of the building will provide 243
spaces. This is consistent with the applicable Sections of the CDC.
Landscaping:
Page 2 City of Clearwater Printed on 11/4/2014
File Number: ID#14-592
While a formal landscape plan is not required to be submitted for review at this time, the
conceptual landscape areas depicted on the site plan show that adequate spaces for
foundation landscaping will be provided along all sides of the building. Since no perimeter
landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet
or exceed what is required. It is noted, however, that flexibility may be requested /necessary
as part of a Comprehensive Landscape Program which would be reviewed at time of formal
site plan approval.
Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was conducted and the
proposed building does appear to be generally consistent with the applicable Design
Guidelines established in Beach by Design. It is noted, however, that a more formal review of
these Guidelines will need to be conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established within Beach by
Design concerning the allocation of hotel rooms from the Reserve. The project appears to be
generally consistent with those criteria, including that the development comply with the
Metropolitan Planning Organization ’s (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic Impact Study
concludes that traffic operations at nearby intersections and on adjacent roadways would
continue to operate at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is consistent
with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in
Beach by Design. The proposed Development Agreement will be in effect for a period not to
exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density
Reserve under Beach by Design and includes the following main provisions:
§Provides for the allocation of up to 100 units from the Hotel Density Reserve or a
maximum density of 134 units per acre;
§Requires the developer to obtain building permits and certificates of occupancy in
accordance with Community Development Code (CDC) Section 4-407;
§Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
§For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units to overnight accommodation usage; and
§Requires a legally enforceable mandatory evacuation /closure covenant that the hotel will
be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual
consent of the parties, provided the notice and public hearing requirements of Section 4-206
are followed. Revisions to conceptual site plans and /or architectural elevations attached as
exhibits to this Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment to this
Development Agreement.
Page 3 City of Clearwater Printed on 11/4/2014
File Number: ID#14-592
Page 4 City of Clearwater Printed on 11/4/2014
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
(“Agreement”) is dated the day of , 2014, and entered into
between CAPTAIN BLIGH’S LANDING, INC., ELIAS ANASTASOPOULOS and
ANASTASIOS ANASTASOPOULOS (collectively “Developer"), its successors and
assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the
State of Florida acting through its Cit y Council, the governing bod y thereof (“City”).
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a
special area plan for the revitalization of Clearwater Beach adopted under the provisions
of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled
Beach b y Design; and
WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local
Government Development Agreement Act (“Act”), authorize the City to enter into
binding development agreements with persons having a legal or equitable interest in real
propert y located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach b y Design proposed the development of hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community, and further provided for a limited pool of additional hotel units
("Hotel Densit y Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns 1.192 acres of real propert y ("Propert y") in the
corporate limits of the City, more particularl y described on Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, the Developer desires to develop the Property b y demolishing all
existing structures in order to construct 159 overnight accommodation units, meeting space
for guest use, pool, new lobby and 243 parking spaces, generally conforming to the
architectural elevation dimensions shown in composite Exhibit “B” (collectively the
“Project”); and
WHEREAS, the Property has not previousl y acquired density from the Destination
Resort Density Pool; and
WHEREAS, upon completion the planned resort will contain 159 overnight
accommodation units, which includes 100 units from the available Hotel Density Reserve
(“Reserve Units”); and
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and
any other applicable law; and
WHEREAS, the Cit y has determined that, as of the date of this Agreement, the
proposed project is consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, at a duly noticed and convened public meeting on
, 2014, the City Council approved this Agreement and
authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the interests of the City in
furtherance of the Cit y's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach b y Design; and
WHEREAS, Developer has approved this Agreement and has dul y authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereb y acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act and Code, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of
this Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as of
the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Propert y currentl y has a land use designation of Resort Facilities High
and is zoned Tourist (T) District.
3.2. The Property is owned in fee simple by Elias and Anastasios Anastasopoulos
(collectively “Anastasopoulos”). Captain Bligh’s Landing, Inc., a corporation organized
and controlled by Anastasopoulos, is developing the Property.
3.3 The Property is generally located at 630 South Gulfview Blvd., Clearwater,
FL 33767, as further described in Exhibit “A”.
SECTION 4. Scope of Project.
4.1 The Project shall consist of 159 overnight accommodation units. Of the
159 overnight accommodation units, 100 units shall be from the Hotel Density Reserve.
4.2 The Project shall include a minimum of 243 parking spaces, as defined in
the Code.
4.3 The design of the Project, as represented in Exhibit “B”, is consistent with
Beach b y Design.
4.4 The density of the Project shall be 134 units per acre. In no instance
shall the density of a parcel of land exceed 150 units per acre. The height
of the Project shall be 100 feet measured from Base Flood Elevation, as defined in the
Code. The maximum building heights of the various character districts cannot be
increased to accommodate hotel rooms allocated from the Hotel Density Reserve.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properl y
recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes
Section 163.3239 and Code Section 4-606.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the Cit y shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pa y the cost of such recording. The City shall
submit to the Department of Economic Opportunity a cop y of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect for ten (10) years unless earlier
terminated as set forth herein.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests or
assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required b y law and shall comply with
the Code applicable at the time of building permit review.
Propert y:
6.1.3 The following restrictions shall apply to development of the
6.1.3.1 To retain the grant of Reserve Units provided for herein,
the Property and improvements located thereon shall be developed in
substantial conformance with the Conceptual Site Plan attached as Exhibit
"B". An y modifications determined by the Planning and Development
Director as either inconsistent with attached Exhibit “B” or
constituting a substantial deviation from attached Exhibit “B” shall
require an amendment to this Agreement in accordance with the procedures
of the Act and the Code, as necessar y and applicable. An y and all such
approved and adopted amendments shall be recorded in the public records
of Pinellas Count y, Florida.
6.1.3.2 The Developer shall obtain appropriate site plan approval
pursuant to a Level One or Level Two development application within one
(1) year from the effective date of this Agreement in accordance with the
provisions of the Code, and shall then obtain appropriate permits and
certificates of occupancy in accordance with the provisions of the Code.
Nothing herein shall restrict Developer from seeking an extension of site
plan approval or other development orders pursuant to the Code or state
law. In the event that work is not commenced pursuant to issued permits,
or certificates of occupancy are not timely issued, the City ma y den y future
development approvals and/or certificates of occupancy for the Project,
and ma y terminate this Agreement in accordance with Section 10.
6.1.3.3 The Developer shall execute, prior to commencement of
construction, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C", stating that the accommodation use will close as soon
as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit
for the Project, the Developer hereb y agrees to execute the covenant of unified use and
development for the Project Site providing that the Project Site shall be developed and
used as a single project, the form of which covenant is attached as Exhibit "D"; provided
however, that nothing shall preclude the Developer from selling all or a portion of the
Developer's Propert y in the event that Developer determines not to construct the Project.
It is understood and agreed that, in the event that the Developer enters into the anticipated
covenant of unified use and development, and the Developer elects not to construct the
Project and notifies the City of its election in writing, and, alternativel y, as of the date of
expiration, termination or revocation no rights of Developer remain or will be exercised to
incorporate the Hotel Density Reserve Units into the Project, the Cit y shall execute and
deliver to the Developer a termination of such covenant of unified use and development
suitable for recording in the Public Records of Pinellas County, Florida.
6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer
not timely constructed in conjunction with the Project shall be returned to the Hotel
Density Reserve and be unavailable to Developer for use on the Project.
6.1.6 Transient Use. A reservation system shall be required as an integral part of
the hotel use. There shall be a lobby/front desk area that must be operated as a typical
lobby/front desk area for a hotel would be operated. Access to all overnight
accommodation units must be provided through a lobby and internal corridor. All units
shall be available to the public for overnight transient hotel occupancy at all times through
the required hotel reservation system. Occupancy in the hotel is limited to a term of less
than one (1) month or thirty-one (31) consecutive days, whichever is less. No unit in
the hotel shall be used as a primary or permanent residence.
6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that
term is used in the definition of “dwelling unit” in the Code.
6.1.8 Inspection of Records. Developer shall make available for inspection to
authorized representatives of the City its books and records pertaining to each Hotel
Density Reserve unit upon reasonable notice to confirm compliance with these regulations
as allowed b y general law.
6.1.9 Compliance with Design Guidelines. The Developer agrees to comply
with the Design Guidelines as set forth in Section VII of Beach b y Design.
6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no
outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or after
12:00 midnight on Friday and Saturday.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 The final effectiveness of the applications referenced in Section
6.2.1 is subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as
they ma y govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is filed,
at the conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive 100
units from the Hotel Density Reserve as defined in Beach b y Design, contingent
upon the provisions of Section 6.1.5.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presentl y available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrenc y ordinance provisions
applicable at the time of development approval. The requirements for concurrency as set
forth in Article 4, Division 9, of the Code, have been satisfied.
7.1 Potable water is available from the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 The Project shall comply with the Metropolitan Planning Organization’s
[MPO] or its successor’s countywide approach to the application of concurrenc y
management for transportation facilities, and the transportation anal ysis conducted for the
Project shall include the following:
• Recognition of standard data sources as established by the MPO;
• Identification of level of service (LOS) standards for state and county roads as
established by the MPO;
• Utilization of proportional fair-share requirements consistent with Florida
Statutes and the MPO model ordinance;
• Utilization of the MPO Traffic Impact Stud y Methodology; and
• Recognition of the MPO designation of “Constrained Facilities” as set forth in
the most current MPO Annual Level of Service Report.
7.6 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of
occupanc y.
7.7 Developer agrees to provide a cashier’s check, a payment and performance
bond, or letter of credit in the amount of 115% of the estimated costs of the public
facilities and services, to be deposited with the City to secure construction of any new
public facilities and services required to be constructed by this Agreement. Such
construction shall be completed prior to issuance of a Certificate of Occupancy for the
Project.
SECTION 8. Required Local Government Approvals. The required local
government development approvals for development of the Propert y include, without
limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s);
8.4 Certificate(s) of occupancy; and
SECTION 9. Finding of Consistency. The City finds that development of the
Propert y is consistent with the terms this Agreement is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timel y manner, as reasonably determined b y the Cit y
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as
a basis for termination of this Agreement b y the City, at the discretion of the City and
after notice to the Developer and an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions. Except in the case of termination,
until ten (10) years after the date of this Agreement, the City ma y appl y laws and policies
adopted subsequentl y to the Effective Date of this Agreement if the City has held a public
hearing and determined:
(a) They are not in conflict with the laws and policies governing the
Agreement and do not prevent development of the land uses,
intensities, or densities in the Agreement;
(b) They are essential to the public health, safety, or welfare, and expressly
state that the y shall apply to a development that is subject to a
development agreement;
(c) They are specifically anticipated and provided for in this Agreement;
(d) The City demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of this Agreement;
or
(e) This Agreement is based on substantially inaccurate information
provided b y the Developer
SECTION 12. Compliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessit y 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 deliver y, by nationally
recognized overnight courier service such as Federal Express, or b y certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Captain Bligh’s Landing, Inc.
630 S. Gulfview Blvd.
Clearwater, FL 33767
With Copy to: Brian J. Aungst, Jr.
Macfarlane Ferguson & McMullen, P.A.
625 Court Street
Clearwater, FL 33756
If to Cit y: City of Clearwater
ATTN: City Manager
112 South Osceola Avenue
Clearwater, FL 33756
Properl y 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 deliver y, or on the third (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer ma y sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the "assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer to
the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer’s right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer's
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed b y the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entit y under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that notice of such assignment
shall be given by the Developer to the City not less than thirty (30) days prior to
such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with respect
to any other Parcel b y virtue of this Agreement unless and until such assignee,
purchaser, sublessee or acquire has expressly assumed the Developer's such other
obligations.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specificall y provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to compl y with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Propert y.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated b y this Agreement such approval or consent shall not be unreasonabl y
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 b y the parties hereto and recorded in
the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the bod y 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 an y reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against an y part y hereto based upon
draftsmanship. If an y 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 an y term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and
shall with the remainder of this Agreement continue unmodified and in full force and
effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the
extent that the purpose of this Agreement or the benefits sought to be received hereunder
are frustrated, such party shall have the right to terminate this Agreement upon fifteen
(15) da ys written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the Cit y which are of general application not governing the development of land shall
be applicable to the Property, and such modifications are specificall y anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida.
SECTION 24. Counterparts. This Agreement may be executed in counterparts,
all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended b y mutual
written consent of the City and the Developer so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
IN W ITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
In the Presence of: Individually and on behalf of Captain
Bligh’s Landing, Inc.
Print Name
By:
Elias Anastasopoulos
By:_____________________________
Print Name Anastasios Anastasopoulos
As to “Developer”
CITY OF CLEARWATER, FLORIDA
By:
William B Home II,
City Manager
Attest:
Rosemarie Call, CMC, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Camilo A. Soto, Assistant City Attorney
STATE OF FLOR IDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this day of
, 2014, by Elias Anastaopoulos and Anastasios Anastasopoulos,
individually and on behalf of Captain Bligh’s Landing, Inc. He is [ ] personally known
to me or has [ ] produced as identification.
Print:
Notar y Public – State of Florida
My Commission Expires:
EXHIBIT “A”
PROJECT LEGAL DESCRIPTION
BAYSIDE SUB NO. 5 BLK B, LOTS 2, 3, 4 & 25 & E'LY 100FT OF LOT 1 & LOT 24 LESS E'LY 5FT THERE
OF TOGETHER WITH E'LY 5FT OF N'LY 5FT OF SD LOT 24
BAYSIDE SUB NO. 5 BLK B, LOT 23 & E'LY 5FT OF LOT 24 LESS N'LY 5FT OF SD E'LY 5FT OF LOT 24
Exhibit “B”
Survey, Conceptual Site Plan, and Architectural Drawings
Scale
ProjectNumber
TITLESHEET
A000
14-117
630S.GulfviewBoulevard
SheetList
SheetNumber SheetName
A000 TITLESHEET
A100 GROUNDFLOORLEVEL
A102 TYP.GARAGELEVELS2nd3rd4th
A103 LOBBYLEVEL5THFLOOR
A104 GALLERYLEVEL6THFLOOR
A106 GUESTLEVEL7TH/9THFLOOR
A107 ROOFLEVEL
A300 ELEVATIONS
A301 ELEVATIONS
A400 BuildingMass
A401 BuildingMass
A402 BuildingMass
A403 BuildingMass
A500 PERSPECTIVES
A501 PERSPECTIVES
A600 VOLUMEMASSSTUDY
A601 BEACHBYDESIGNFACADESTUDY
A800 DATASHEET
3'-0"
S.GULFVIEWBLVD
BAYWAYBLVD
3'-6"
2084SF
HotelEntryLobby
1
2245SF
Retail3
2
1578SF
Retail2
3
1670SF
Retail1
4
1103SF
Ele.SideWlk.
5
2746SF
Retail
6
5417SF
Retail
7
3'-6"
VEHICLERAMP
DUMPSTERDUMPSTER
VALETPARKING
25PARKINGSTALLS+4ADA123456789101112
13 14 15 16 17 18 19 20 21 22 23 24 25
26 27
slope 12%
28 29
MAINENTRY
EXIT
ENTRY
3'-6"3'-6"
12'-0 "
266SF
STAIR1
11
131SF
STAIRS2
12266SF
ELEVATORS
1392SF
SERVICEELEV
14
12'-0"
7'-0"
7'-0"7'-0"
0'-0"
7'-0"
0'-0"
SETBACK@12'-0"SETBACK@12'-0"
SETBACK@15'-0"
SETBACK0'-0"
BikeRack
BikeRack
BikeRack
BikeRack
electriccarparking
Elevatedsidewalk
Storage
Bench
Bench
Bench
OneWay
OneWay
OneWay
Existing8'ConcreteSidewalkwith2'curb
5'ConcreteSidewalktomatchexisting
existingsidewalkstoremain
existingsidewalkstoremain
N O R T H
SETBACK7'-8"
Pavers
PaversPavers
Pavers
Pavers
concrete
stamped
sidewalk
2'-0"existingcurb
8'-0"existingsidewalk
elevated
sidewalk
15'-4"Retail
Scale
ProjectNumber
Asindicated
GROUNDFLOORLEVEL
A100
14-117
630S.GulfviewBoulevard
1/32"=1'-0"1 Level11/32
1/16"=1'-0"2 ElevatedSidewalk(3'-0"aboveground)
BuildingFootprint
SetbackLine
PropertyLine
Overhead
(additionalelevatedsidewalk)
12345678910
12 13
A
B
11
C
D
E
F
A2
slope 12%VEHICLE
RAMPDN
VEHICLE
RAMPUP
STAIR STAIR
ELEVATORSSVC
ELEV.
6
2
A1 A1
16
10
7
6
9
12
6
15ft.Setback
15ft.Setback
4 ft.Average Setback
12
ft.
Setback
12
ft.
Setback
12
ft.
Setback
40540SF
Parking
200
Scale
ProjectNumber
1/32"=1'-0"
TYP.GARAGELEVELS2nd3rd4th
A102
14-117
630S.GulfviewBoulevard
Overhead
SetbackLine
PropertyLine
1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
12
12
13
13
A A
B B
11
11
C C
D D
E E
F F
A2 A2
A1 A1
BOH
Meeting
BOH
Meeting
Scale
ProjectNumber
1/32"=1'-0"
LOBBYLEVEL5THFLOOR
A103
14-117
630S.GulfviewBoulevard
Overhead
SetbackLine
PropertyLine
1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
12
12
13
13
A A
B B
11
11
C C
D D
E E
F F
A2 A2
A1 A1
Scale
ProjectNumber
1/32"=1'-0"
GALLERYLEVEL6THFLOOR
A104
14-117
630S.GulfviewBoulevard
Overhead
SetbackLine
PropertyLine
1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
12
12
13
13
A A
B B
11
11
C C
D D
E E
F F
A2 A2
A1 A1
Scale
ProjectNumber
1/32"=1'-0"
GUESTLEVEL7TH/9THFLOOR
A106
14-117
630S.GulfviewBoulevard
Overhead
SetbackLine
PropertyLine
1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
12
12
13
13
A A
B B
11
11
C C
D D
E E
F F
A2 A2
A1 A1
4343SF
RoofTop
Restaurant
20
1448SF
HotelUse
21
815SF
Corridor
22
346SF
Gym
23
7943SF
PoolDeck
24
POOL
Scale
ProjectNumber
1/32"=1'-0"
ROOFLEVEL
A107
14-117
630S.GulfviewBoulevard
Overhead
SetbackLine
PropertyLine
51'
-
0"
100'
-
0"
7'
-
0"
245'-10"
56'-3"30'-6"
6'-5"
82'-0"38'-8"
BaseFloodElev.
7'-0"
37'
-
0"
19'
-
0"
38'
-
0"
90'-7"24'-5"54'-7"
Scale
ProjectNumber
1/32"=1'-0"
ELEVATIONS
A300
14-117
630S.GulfviewBoulevard
1/32"=1'-0"1 SouthElevation
52'-0"48'-2"66'-5"35'-3"
4'
-
0"
37'
-
0"
22'
-
10"
34'
-
2"
245'-10"
4'
-
0"
37'
-
0"
20'
-
0"
37'
-
0"
31'-3"47'-5"29'-6"50'-9"19'-9"38'-10"40'-2"
Scale
ProjectNumber
1/32"=1'-0"
ELEVATIONS
A301
14-117
630S.GulfviewBoulevard
1/32"=1'-0"1 EastElevation
1/32"=1'-0"2 NorthElevation
Scale
ProjectNumber
BuildingMass
A400
14-117
630S.GulfviewBoulevard
S o u t h G u lf v i e w B l v d .
B a y w a y B l v d .
Scale
ProjectNumber
BuildingMass
A401
14-117
630S.GulfviewBoulevard
BaywayBlvd.
SouthGulfviewBlvd.
Scale
ProjectNumber
BuildingMass
A402
14-117
630S.GulfviewBoulevard
South
Gulfview
Blvd.
Scale
ProjectNumber
BuildingMass
A403
14-117
630S.GulfviewBoulevard
S o u t h G u l f v i e w B l v d .
Scale
ProjectNumber
PERSPECTIVES
A500
14-117
630S.GulfviewBoulevard
1 3DView1
2 3DView2a
3 3DView2b
S .G u lf v i e w B l v d .
S .G u lf v i e w B l v d .
Scale
ProjectNumber
PERSPECTIVES
A501
14-117
630S.GulfviewBoulevard
S G u l f v i e w B l v d S G ulfvie w B lv d
S G u l f v i e w B l v d
EastElevationViewofSGulfviewWestElevation ViewofBayviewBlvd
B a y v i e w B l v d
AerialViewofSGulfviewBlvdViewofSGulfviewBlvd
Scale
ProjectNumber
VOLUMEMASSSTUDY
A600
14-117
630S.GulfviewBoulevard
TheoreticalBuildingEnvelope
ParcelBoundryxBuildingHeight
ActualBuildingEnvelope CombinedBuildingEnvelopes
5,745,646cu.ft.2,202,392cu.ft.38%UsedBuildingVolume
38%<66%maximumallowedvolume
7'-2"34'-2"22'-8"18'-10"14'-9"62'-8"49'-6"46'-5"
76%+/-TRANSPARENT@STREETLEVELFACADE
TRANSPARENTGLASS
SEMITRANSPARENTARCHITECTURALSCREEN
ANDDECORATIVEPANELSONPARKINGLEVELSVEHICULARACCESS
SOLIDARCHITECTURALDECORATIVEPANELS
LESSTHAN100'OFCONTINUOUSFACADE
ArchitecturalPanelsColorLightCoastalBlue
ArchitecturalPanelsColorSeashellWhite
ArchitecturalPanels
ColorLightBlueGrey
ArchitecturalPanels
ColorCoastalBlue
A601
2
Level1
0'-0"
Level1BRestaurant
7'-0"
Level11
107'-0"
BaseFloodElev.
7'-0"
100'
-
0"
107'
-
0"
Scale
ProjectNumber
Asindicated
BEACHBYDESIGNFACADESTUDY
A601
14-117
630S.GulfviewBoulevard
1"=30'-0"1 South-BuildingEnvelope
3/32"=1'-0"2 BaseFloodElevation
BASEFLOODELEVATION
FACADESTUDYONSOUTHGULFVIEWBLVD.
Scale
ProjectNumber
DATASHEET
A800
14-117
630S.GulfviewBoulevard
ParkingSchedule
Level FamilyandType Type Count
Level1 FL-(12+5)ParkingSpace-ADA1:12'
x20'(5'Aisle)
12'x20'(5'Aisle)2
Level1 ParkingSpace:9'x18'-70deg 9'x18'-70deg 25
Level2 FL-(12+5)ParkingSpace-ADA1:12'
x20'(5'Aisle)
12'x20'(5'Aisle)1
Level2 ParkingSpace:9'x18'-70deg 9'x18'-70deg 27
Level2 ParkingSpace:9'x18'-90deg 9'x18'-90deg 44
Level3 FL-(12+5)ParkingSpace-ADA1:12'
x20'(5'Aisle)
12'x20'(5'Aisle)1
Level3 ParkingSpace:9'x18'-70deg 9'x18'-70deg 27
Level3 ParkingSpace:9'x18'-90deg 9'x18'-90deg 44
Level4 FL-(12+5)ParkingSpace-ADA1:12'
x20'(5'Aisle)
12'x20'(5'Aisle)1
Level4 ParkingSpace:9'x18'-70deg 9'x18'-70deg 27
Level4 ParkingSpace:9'x18'-90deg 9'x18'-90deg 44
Grandtotal:243
(GFA)COMMERCIALUSE
Level Name Area Occupancy Count
Level1
Level1 Retail 8163SF COMMERCIAL2
Level1 Retail1 1670SF COMMERCIAL1
Level1 Retail2 1578SF COMMERCIAL1
Level1 Retail3 2245SF COMMERCIAL1
13657SF
Level10
Level10 RoofTop
Restaurant
4343SF COMMERCIAL1
4343SF
18000SF
GFA
TotalHoteluseArea Interior98,177sf
DeckPool&Gardens Exterior34,974sf
TotalCommercialArea 18,000sf
TotalBuildingArea*151,151sf
11.9percent18,000/151,151=0.1190%bellowthe20%
maximumallowedforDensityandParkingrequirements
*TotalbuildingAreawithoutparking,andverticalcirculation
GuestroomMatrix
TYPE %RM#
Expo.King10%16
King 30%47
QQ 40%64
Suite 20%32
TOTAL159
117,999sf
EXHIBIT “C”
COVENANT REGARDING HURRICANE EVACUATION
and DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the ______ day of ____________, 2014, by CAPTAIN BLIGH’S LANDING,
INC., (collectively “Developer”).
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of
Clearwater, Florida (the "Cit y"), has amended its Comprehensive Plan to designate Clearwater
Beach as a Community Redevelopment District pursuant to the Pinellas County Planning
Council Rules in order to implement the provisions of Beach b y Design, a plan for the
revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall
be closed and all Guests evacuated from such hotels as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a
hurricane evacuation would be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resolution , passed and approved on
, 2014, Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the Cit y and the Designation, which rights, duties, obligations and responsibilities shall be
binding on an y and all successors and assigns and will run with the title to the Real Propert y.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to
be observed and performed, and in further consideration of the allocation of Hotel Density
Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which
is hereb y acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Developer and its successors and assigns and shall be enforceable b y them and also for
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with the
provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 159 units, 100 of which are units allocated to Developer from the
Hotel Density Reserve, shall be used solely for transient occupancy of
one month or thirty-one (31) consecutive days or less, must be licensed as a
public lodging establishment and classified as a hotel, and must be operated
b y a single licensed operator of the hotel. No unit shall be used as a
primary or permanent residence. Access to the units must be provided
through a lobby and internal corridor. A reservation system shall be required
as an integral part of the hotel use and there shall be a lobby/front desk area
that must be operated as a typical lobby/front desk area for a hotel would be
operated. All units shall be required to be submitted to a rental program
requiring the units to be available for members of the public as overnight
hotel guests on a transient basis at all times. No unit shall have a complete
kitchen facility as that term is used in the definition of “dwelling unit” in the
Code. Developer shall make available for inspection to authorized
representatives of the City its books and records pertaining to each
unit upon reasonable notice to confirm compliance with these regulations as
allowed by g eneral law. The Developer agrees to comply with the Design
Guidelines as set forth in Section VII of Beach by Design.
2.1.2 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel”, and "operator" shall have the meaning given to
such terms in Florida Statutes Chapter 509, Part I.
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a hurricane watch b y the
National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and securit y personnel required to protect
the hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation
provisions of this Declaration shall be governed by the level of warning emplo yed b y the
National Hurricane Center which precedes the issuance of a forecast of probable landfall in order
to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of
a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance
of all building permits required to build the project ("Project") and Developer's
commencement of construction of the Project, as evidenced b y a Notice of
Commencement for the Project. This Declaration shall expire and terminate automatically
if and when the allocation of Reserve Units to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance
with and governed b y the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of
the Real
Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for an y expenses,
including reasonable attorne ys' fees, which are incurred by the Cit y in the event that the
City determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the Cit y obtains relief, whether by agreement of the parties or through
order of a court of competent jurisdiction.
7 Severability. If an y provision, or part thereof, of this Declaration
or the application of this Declaration to any person or circumstance will be or is
declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or
the application of such provision or portion thereof to any person or circumstance, shall
not be affected thereby, and each and every other provision of this Declaration shall be
valid and enforceable to the fullest extent permitted by law.
IN W ITNESS WHEREOF, Developer has caused this Declaration to be executed
this
day of , 2014.
In the Presence of: Individually and on behalf of CAPTAIN
BLIGH’S LANDING, INC.
Print Name
As to “Developer”
Print Name
By:
Elias Anastasopoulos and Anastasios
Anastasopoulos
CITY OF CLEARWATER, FLORIDA
By:
William B Home II,
City Manager
Attest:
Rosemarie Call, CMC, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Camilo A. Soto, Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this day of , 2014,
by Elias and Anasasios Anastasopoulos, individually and on behalf of CAPTAIN BLIGH’S
LANDING, INC. He is [ ] personall y known to me or has [ ] produced
as identification.
Print:
Notary Public – State of Florida
My Commission Expires:
SCHEDULE “A”
PROJECT LEGAL DESCRIPTION
BAYSIDE SUB NO. 5 BLK B, LOTS 2, 3, 4 & 25 & E'LY 100FT OF LOT 1 & LOT 24 LESS E'LY 5FT THERE
OF TOGETHER WITH E'LY 5FT OF N'LY 5FT OF SD LOT 24
BAYSIDE SUB NO. 5 BLK B, LOT 23 & E'LY 5FT OF LOT 24 LESS N'LY 5FT OF SD E'LY 5FT OF LOT 24
EXHIBIT “D”
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of
, 2014, by (“Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legall y described on Schedule
"A" attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Hotel Density Reserve Development Agreement dated , 201 (the
"Agreement"), pursuant to which the City has agreed that Developer may develop and construct
upon the Real Propert y a hotel project as described in the Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified
use, as more particularly described in this Covenant.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does hereby agree that, effective as of the date on which Developer receives all
permits required to construct the Project and Developer commences construction thereof, as
evidenced b y a Notice of Commencement for the Project, the Real Propert y shall be developed
and operated as a limited-service hotel project, as described in the Agreement. The restrictions
set forth in the preceding sentence shall expire automatically when and if Developer's allocation
of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this
Agreement shall require Developer to develop the Project or restrict Developer's ability to sell,
assign, transfer or otherwise conve y its right in and to the Real Property or an y portion or
portions thereof to unrelated third-parties. Developer agrees that the Cit y shall have the right to
enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated b y a single hotel
operator.
IN W ITNESS WHEREOF, Developer has caused this Agreement to be
executed this day of , 2014.
In the Presence of: Individually and on behalf of Captain
Bligh’s Holding, Inc.
Print Name
By:
Elias Anastasopoulos and Anastasios
Anastasopoulos
Print Name
As to “Developer”
CITY OF CLEARWATER, FLORIDA
By:
William B Home II,
City Manager
Attest:
Rosemarie Call, CMC, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Camilo A. Soto, Assistant City Attorney
STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this _______ day of ________, 2014, by Elias and Anastasios Anastasopoulos, individually and on behalf of Captain Bligh’s Landing, Inc. He is [ ] personally known to me or has [ ] produced as identification.
_____________________________________
Print Name: ___________________________
Notary Public – State of Florida
My Commission Expires: ________________
SCHEDULE “A”
PROJECT LEGAL DESCRIPTION
BAYSIDE SUB NO. 5 BLK B, LOTS 2, 3, 4 & 25 & E'LY 100FT OF LOT 1 & LOT 24 LESS E'LY 5FT THERE
OF TOGETHER WITH E'LY 5FT OF N'LY 5FT OF SD LOT 24
BAYSIDE SUB NO. 5 BLK B, LOT 23 & E'LY 5FT OF LOT 24 LESS N'LY 5FT OF SD E'LY 5FT OF LOT 24
ArchitecturalDesignNarrative
630SouthGulfviewBlvd
ClearwaterBeach
Scope:
TheDeveloperproposestoredevelopthesiteat630GulfviewBlvdonClearwaterBeachwitha159-unithotel,
including100unitsfromtheBeachbyDesignHotelDensityReserve.Thesubjectpropertyisanaggregateof1.19
acresandiscomprisedofseverallotsSouthofBaywayBlvdandSGulfviewBlvd.Theparcelsareunderthesame
ownershipcontrolandtheapplicantproposestodemolishallexistingstructures.Theproposedhotelwilloffera
design-led,contemporarycoastalarchitecturaldesignformoderntravelerslookingforanewwayofexperiencingthe
citythroughinnovativespaceswithaEuropeaninspiredstyle.Thedesignprovidesa5-storyhotelover4levelsof
parkingand18,000squarefeetofaccessoryretailalongSGulfviewBlvd.
Thesiteislocatedwithintheareadesignatedby BeachbyDesign asthe “SouthBeachClearwaterPass.”Beachby
Designidentifiesthisareaasanareaofstrategicrevitalizationandrenovationinresponsetoimprovingconditionson
thebalanceofClearwaterBeach.BeachbyDesignstronglyencouragesandsupportsredevelopmentoftheareato
includehotels,restaurants,commercialuses,andmixed-usedevelopments.TheCityhasdemonstratedthroughthe
creationofBeachbyDesignandsubsequentamendmentstothisplanthatitrecognizestheneedforpedestrian-
friendlydevelopmentinordertocreateavibrantactiveresortandwaterfrontdestinationservingtouristsand
localsalike.Itisunderstoodthatabroadrangeofusesincludingretailsalesandservice,hotelsandmotelsand
restaurantscontributetothecreationoftheuniquecharacterandatmospherethatisClearwaterBeach.The
visionoftheSouthBeach/ClearwaterPassDistrictofBeachbyDesignrecognizesthatthisdistrictisadistinctive
areaofmixed-use,high-risecondominiums,low-tomid-risehotels,outdoorrecreationandtourist-and
neighborhood-servingretailuses.
BeachbyDesign:SectionVII.DesignGuidelines:
ImplementationofBeachbyDesigninvolvesmorethancommunityredevelopmentinitiatives,italsoinvolves
privatedevelopmentandredevelopmentthatconformstodesignobjectivesandprinciplesestablishedinBeachby
Design.Theseobjectivesandprincipleswillhelpthecitypromotesafety,encouragecleanliness,andprovidea
comfortableenvironment.TheproposedpropertyhasusedtheBeachbyDesignobjectivesandprinciplesasa
guidelineinitsdevelopment.Theexpressionofeachapplicableobjectiveislistedbelowfollowingthesameorder
asBeachbyDesign.
A.Density
Theproposalistoaccommodate159totalunitsonthesite.59unitsaretypicallypermittedbasedonsizeofthe
site(1.19acres)usingtheallowed50roomsperacrecalculation.Theadditional100roomsrequestedarefromthe
hoteldensityreservepool.ThemethodologybywhichthisfigureisarrivedisfromordinanceNo.7546-06
B.Height
SectionB.1 Theproposedbuildingheightistobe100feetaboveBaseFloodElevation(BFE)totopofroofdeck
(113feettotopofpeakedroofscreeningelevatorandothermechanicalequipment).
SectionB.2/B.3 Thelargestfloorplateabove45feetis23,070sqft,howevernofloorplateorportionofthe
Buildingistobeabove100feetaboveBFE.
C.DesignScaleandMassofBuilding
SectionC.1 Theproposedhotelhasafootprintlargerthan5,000feetandisgreaterthan100feetinlengthsothe
buildingdesignusesmultipledimensionstoensurethatnomorethantwoofthethreebuildingdimensionsinthe
verticalorhorizontalplanesareequalinlength.
SectionC.2 Noportionofthebuildingfaçadecontinuesformorethan100feet.Thebuildingincorporatesaseries
ofarticulationsofthefenestrationwithvarioushorizontalandverticaldimensionsofthefaçadenoneofwhich
exceed100feet.
SectionC.3 Allelevationsarecoveredbymorethan60%ofarchitecturaldecorationcomposedofwindows,
balconiesandarchitecturaldetailsincludingdecorativegrilles,revealsandsimilardetailing.Coveragevarieson
anygivenfaçadebutallhavemorethan60%coverage.
SectionC.4 Theoverallbuildingmassbetween45and100feetconstitutesapproximately29percentofthe
theoreticalmaximumbuildingenvelope.
SectionC.5 TheadjacentSouthGulfviewBoulevardright-of-wayis70feetinwidth.Theclosestpointofthe
buildingtotheSouth(front)propertylineis15feet.Theproposedhotelincludesagenerousentryplazawithpalm
trees,outdoorseating,andbenches.Inaddition,thegroundfloorofthebuildingwillbedominatedbytheentry
intothehotelitselfaswellasentryintoretailspace.Theresultingeffectisthatthegroundfloorwillbepedestrian
inscalecontributingtothepedestrianexperiencealongSouthGulfviewBoulevardwithactiveretailspace.The
massofthebuildingismitigatedthroughanextensiveuseofarchitecturaldetailingincluding,balconies,
decorativegrilles,revealsandwindows.
SectionC.6 Thehotelisforasingleuse;overnightaccommodationswithancillaryaccessoryretailandrestaurant
uses.
D.SetbacksandStepbacks
SectionD.1 TheSouthBeach/ClearwaterPassDistrictofBeachbyDesign recommendsovernight
accommodationsshould haveafifteenfootsetbackonarterialroadsandtwelvefeetalonglocalstreets.The
ProposedsetbackalongBaywayis7'-5"feet(tobuilding)attheNorthEastcorneranda6"setback(tobuilding)
atNorthWestCornerforanaverageofa4'-0"setback.Theproposedsetbackalongthelocalroadislessthanthe
recommendationofBeachbyDesign,howevertheadditionalspaceallowstheforanadditional60parkingspaces
spreadthroughoutfourstoriesofthegarage.OffstreetparkingislimitedonClearwaterBeachandtheadditional
spaceswillcontributetotheneedsofthearea.AlongGulfviewthereisasetbackof15feettothebuildingwhich
meetsthereccomendationofbeachbydesign.
SectionD.2 Thesidesoftheproposedbuilding(EastandWest)haveasetbackof12feet
SectionD.3 TheproposalistomatchtheexistingsidewalksalongSouthGulfviewBoulevardandSouthBayway
E.Street-LevelFaçades
SectionE.1 Atleast60percentofthestreetlevelfacadesofthebuildingwillbetransparentasdefinedinthis
sectionofBeachbyDesign(76%transparentshownonelevations).Thebuildingdesignincorporatesanextensive
useoffacadeoffsets,windowsandbalconiesonallfaçades.Inaddition,thesiteplanincludesanextensiveuseof
landscapingalongtheSouthsideofthesitealongSouthGulfviewBlvd.Theoveralllengthofthesouthfaçade
facingSouthGulfviewBoulevardisnearly270feetwherenearly81percentofthatdistanceisdedicatedtoretail
storefrontsandtheentranceofthehotelitself.Asnoted,thefirstfourfloorsofthebuildingwillcontaincovered
parkingwhichutilizeascreensystemtoallowforfreshairandlightwhilehidingthecarswithin.Thefirstfloorwill
bedominatedbyretailstorefrontsandtheentranceintothehotel.Thesecondthroughfourthfloorare
articulatedandincorporateavarietyofarchitecturaldetailssuchasgrillworkandwindows.Thefifthfloorhouses
boththefirstlevelofHotelunitsaswellasagenerousrooftopgarden.Floorssixthoughninecontinueto
incorporatetheextensiveuseoffaçadeoffsets,windowsandbalconiesonallfaçades.Thetenthfloorisuniqueto
theotherfloorsasithasmorebreaksinthefacadeandusesmultipleroofheightsaswellasuseofscreensand
landscapingfromtherooftopgarden.
SectionE.2 Thegroundfloorretailfacadehasthelargestpercentageofglazing.Thepositioningandhigh
percentageofglazingallowsforhightwowayvisibilityforpedestriansontheoutsideaswellaspatronsinside.
Thetwowayexposurewillencourageretailownerstokeeptheviewsunobstructedfromwindowcoveringand
opaquematerials.
SectionE.3 Thereareseveralbuildingentranceswhichallhaveaclearlydefinedopening.Theretailspacesuse
storefrontwindowsystemwhichsitsaboveadefinedraiseddeckwithoutdoorseating.Thehoteldefinesits
entrancewitha65footwidetowerwithapairofdoorscenteredbelowanawning.
SectionE.4 Thereisanawningoverthehotelmainentrywhichcontributestodefiningitsentry.
F.ParkingAreas
Parkingisaddressedviafourfloorsofstructuredparkingcompletelyintegratedintothedesignofthebuilding.
Thereisatotalof243parkingspacesproposed.191minimumrequiredparkingspaces(1.2x159rooms=190.8
spaces)anadditional52parkingspaceswillbeaddedtoexceedtheminimumrequirements.Theprojectcontains
18,000sqftofaccessoryusewhichis12%(18,000/151,151=11.9%)oftheGFAthereforenotheparkingismet
andexceeded.
G.Signage
Asignpackagewillbedesignedbyothers.Signagewillbecreative,unique,simple,and
discretewhilenotobstructingpedestriantraffic.
H.Sidewalks
TheproposalistomatchtheexistingsidewalksalongSouthGulfviewBoulevardandSouthBayway.Anyrepairsto
thesidewalknecessitatedbyconstructionoftheproposalwilltieintotheexistingsidewalktothenorthandsouth
ofthesitematchingtheexistingsidewalkwithregardtofit,finishandmaterials.
I.StreetFurnitureandBicycleRacks
TheproposedsitealongSGulfviewBlvdwillprovidebenchesandoutdoorseatingalongtheretailspaceand
deck.Bicyclerackshavealsobeenplacedinseverallocationstopromoteatransportationalternative.The
developerwillcoordinatewithCityStaffwithregardtomaterials,locationandinstallationmethodology.
J.StreetLighting
NoStreetLightingisproposed
K.Fountains
Nofountainsareproposed
L.MaterialsandColors
TheproposedhotelbuildingutilizescontemporarycoastalarchitecturaldesignwithEuropeaninspiredstyle.The
buildingfaçadesarebrokenupwithavarietyofoffsets,windows,balconiesandrooflines.Finishmaterialsand
buildingcolorswillsupportcoastalvernacularthemes.Thebuildingwillbepaintedwhiteandaccentedbyshades
oflightcoastalblue.Thecontemporarystyleofthedesignwillhaveusematerialsandcolorstoblendinand
matchitssurroundingneighborhood.
UPDATED 10/07/2014
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Expiration
Date Case Number Planner Notes
101 Coronado Drive (Pier 60 Hotel)72 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed FLD2009-03013 / DVA2009-00001 Wells
619 S. Gulfview Boulevard (Shephard's)42 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed FLD2008-12033 / DVA2008-00002 Wells reduced number of allocated rooms from 68 to 42 as a minor revision on July
6, 2011
Total Number of Rooms Allocated from Reserve 114
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Expiration
Date Case Number Planner Notes
300 Hamden Drive (Hotel A)95 142 1.10 129.09 47 11/17/2009 12/17/2009 11/17/2014 FLD2009-08026 / DVA2009-00002 Wells
316 Hamden Drive (Hotel B)79 118 0.82 143.90 39 11/17/2009 12/17/2009 11/17/2014 FLD2009-08027 / DVA2009-00003 Wells
40 Devon Drive (Sea Captain)53 85 0.66 128.98 32.00 5/21/2013 1/13/2011 5/21/2015 FLD2013-02007 / DVA2010-08001A Jackson one year time extension granted - DOfor FLD2013-02007 expires 05-21-15
443 East Shore Drive (Courtyard by Marriott)71 134 1.26 106.35 63 6/19/2012 7/19/2012 9/16/2014 FLD2012-03008/DVA2012-03001 Jackson one year time extension granted - DOfor FLD2012-03008 expires 09-16-14;
Building Permit applied for: BCP2014-08618 - submitted 08-29-14
650 Bay Esplanade (DeNunzio Hotel)55 102 0.95 107.37 47 6/18/2013 7/19/2013 6/23/2015 FLS2013-02006 / DVA2013-02001 Nurnberger
655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)80 171 1.44 119.00 71 5/21/2013 6/19/2013 6/19/2015 FLD2013-03011 / DVA2013-03001 Nurnberger Came in for additional site plan approval and a revision to the HDA - see
FLD2014-03007/HDA2014-02001
691 S. Gulfview Boulevard (the Views)92 202 1.34 150.75 67 N/A 10/16/2013 12/17/2015 HDA2013-08001/FLD2013-08028 Nurnberger
325 South Gulfview Boulevard 100 180 1.60 112.50 80 N/A 6/4/2014 6/4/2015 HDA2013-08004 Parry
353 Coronado Drive 96 158 0.962 164.24 48 N/A 6/19/2014 6/19/2015 HDA2013-08005 Parry
625 South Gulfview Boulevard 69 103 0.69 149.28 64 N/A 12/4/2013 11/20/2015 HDA2013-08007 Parry
The maximum amount of units allotted is 69 although as few as 39 may be
used. It is possible that 30 units may be returned to the Reserve. Term. Of
Status for density approved October 15, 2013, see FLD2013-08025
715 South Gulfview Boulevard 93 208 2.313 89.93 115.65 N/A 2/20/2014 2/20/2015 HDA2013-12008 Parry
The acreage is the portion of the site remaining after subtracting the amount of
land needed to support 74 attached dwelling units. The total site is 4.38 acres
(zoned T). 2.067 acres is requried for the residential part leaving 2.313 acres
655 S. Gulfview Boulevard (Hampton Inn/Quality Inn)10 181 1.437 125.96 71 N/A 4/16/2014 4/16/2015 FLD2014-03007/HDA2014-02001 Nurnberger
521 South Gulfview Boulevard (Entrada)30 344 3.908 88.02 314 N/A 6/19/2014 6/19/2015 FLD2013-11038/FLD2014-06019/ HDA2014-04002 Parry
site plan as related to HDA214-04002 approved as part of FLD201311038.
New site plan approval request to accommodated approved units as part of
the HDA - FLD2014-06019 (pending DRC review)
405 Coronado Drive 100 166 1.32 125.76 66 N/A 9/18/2014 9/18/2015 HDA2013-08006 Parry
401 South Gulfview Boulevard (Alanik)100 227 1.953 117.00 98 N/A 9/18/2014 9/18/2015 HDA2014-06004 Parry
Total Number of Rooms Allocated from Reserve 1,123
Address of Receiving Property
Rooms
Allocated
Total Rooms
Proposed Acreage Units / Acre
Rooms per
Base Density CDB Meeting
City Council
Approval
Expiration
Date Case Number Planner Notes
40 Devon Drive (Sea Captain)13 98 0.659 148.70 32 N/A PENDING PENDING HDA2014-07004 Jackson DRC Meeting: 09-04-14; Tentative CC 1st Reading: 10/02/14 and 2nd
Reading: 10-15-14
630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 60 N/A PENDING PENDING HDA2014-08007 Parry DRC meeting: 10-02-14; CC 1st Reading: 11-06-14 and 2nd Reading: 11-20-
14
706 Bayway 15 32 0.349 91.69 17 N/A PENDING PENDING HDA2014-08006 Parry DRC meeting: 10-02-14; CC 1st Reading: 11-06-14 and 2nd Reading: 11-20-
14
405/408 East Shore Drive 20 N/A PENDING PENDING Jackson
Total Number of Rooms Pending Allocation 148
Total Number of Rooms in Reserve 1,385
APPROVED HOTEL DENSITY RESERVE PROJECTS
PENDING HOTEL DENSITY RESERVE PROJECTS
CONSTRUCTED HOTEL DENSITY RESERVE PROJECTS
Total Number of Rooms Allocated from Reserve 1,237
Total Number of Rooms Pending Allocation 148
Total Remaining For Allocation 0
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8593-14 2nd rdg
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.1
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8593-14 on second reading, annexing certain real property whose post office
addresses are 1250 Palm Street and 1325 Idlewild Drive, together with the abutting
right-of-way of Idlewild Drive, into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Ordinance No. 8593-14
ORDINANCE NO. 8593-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES
LOCATED GENERALLY SOUTH OF UNION STREET, EAST
OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD (STATE ROAD 576), AND WEST OF KINGS HIGHWAY,
CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP
29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE
ADDRESSES ARE 1250 PALM STREET AND 1325
IDLEWILD DRIVE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF IDLEWILD DRIVE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owners of the real properties described herein and depicted on the
map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the
properties into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly:
See attached Exhibit A for legal description
(ANX2014-08014)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning and Development Director
are directed to include and show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption.
2 Ordinance No. 8593-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2014‐08014
=========================================================================================
No. Parcel ID Legal Description Address
1. 03-29-15-15840-001-0260 Lot 26, Block A 1250 Palm Street
The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas
County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 03-29-15-12060-012-0110 Lot 11, Block L 1325 Idlewild Drive
together with:
- all Right of Way of Idlewild Drive abutting Lot 11.
The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas
County, Florida.
Exhibit B
Proposed Annexation Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
F G
K
L
A
B E
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
10
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15
16
1
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12
1
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5 6 7
8
9
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11 1
2
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17 18 19 20 21 22
232425262728
17 18 19 20 21 22
232425262728
13141516 17
1 2 3 4
5
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7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
12
13
14 15 16 17 18 19 20 21 22
23
24
4 5 6 7 8
9
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11
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13
14
15161718
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2
8
9
10
1
2
3
4
5
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7
8
9
10
11
12
13
14
15
16
18
60 63
30 36
50
J
1
2 3 4 5
6
7 8 9 1011 75
76
106 107108 109 110 111
1
1
1
DUNEDIN
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST
ARBELIA ST
12
6
7
12
6
3
13
1
1
2071
2079
2081
2026
2020
2021
2 0 1 5
12
7
8
2087
2031
13
3
1
13
2
1
13
2
5
13
1
7
13
3
7
2048
2050
2058
2040
2044
2066
12
5
9
12
7
1
12
6
3
13
3
0
13
2
2
2063
2049
2071
2053
2067
2070
2072
13
0
9
2048
13
0
0
2069
2010
2026
2028
13
0
0
2025
13
0
1
2022
12
9
1
12
6
6
12
6
2
12
6
0
12
5
6
12
5
2
12
4
6
12
6
5
12
6
1
12
5
7
12
4
5
12
9
0
12
9
2
12
8
4
12
8
0
12
7
2
12
6
6
12
6
0
2044
12
7
9
12
7
7
12
7
1
12
6
7
12
6
5
12
5
9
12
4
5
12
4
2
2060
2064
12
8
3
12
7
9
12
7
5
12
6
7
12
4
5
12
8
2
12
6
2
12
8
3
2060
1333
2017
2075
2080A
13
2
5
12
6
5
12
5
5
12
5
9
2073
2083
2027
12
7
4
2020
2067
20252021
2077 2076
2057
2077
2081
2000
20492047
2052
13
1
0
2063
2065
13
1
0
13
1
7
2024
2028
2030
12
8
6
2022
12
5
4
12
5
0
12
4
6
12
9
3
12
5
5
12
5
1
12
4
7
12
7
6
12
6
8
12
6
4
12
6
2
12
5
6
12
5
0
2066
12
5
5
12
5
7
12
5
1
12
3
9
12
7
0
12
6
6
12
6
0
12
5
6
12
5
0
12
4
6
12
4
4
12
5
3
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
2056
2064
2035
20392043
2031
2080B
2068B
2068A
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Exhibit B
Location Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
^
PROJECT
SITE
^
PROJECT
SITE DUNEDIN
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Aerial Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
DUNEDIN
1250
1325
UNION ST UNION ST
BETTY LN
BETTY LN
IDLEWILD DR IDLEWILD DR
THE MALL
THE MALL
PALM ST PALM ST
PO
I
N
S
E
T
T
A
A
V
E
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST BERMUDA ST
ARBELIA ST ARBELIA ST
PINECREST WAY
PINECREST WAY
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Proposed Annexation Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
F G
K
L
A
B E
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
10
11
12
13
14
15
16
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5 6 7
8
9
10
11 1
2
3
4
5
17 18 19 20 21 22
232425262728
17 18 19 20 21 22
232425262728
13141516 17
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
12
13
14 15 16 17 18 19 20 21 22
23
24
4 5 6 7 8
9
10
11
12
13
14
15161718
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2
8
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60 63
30 36
50
J
1
2 3 4 5
6
7 8 9 1011 75
76
106 107108 109 110 111
1
1
1
DUNEDIN
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST
ARBELIA ST
12
6
7
12
6
3
13
1
1
2071
2079
2081
2026
2020
2021
2 0 1 5
12
7
8
2087
2031
13
3
1
13
2
1
13
2
5
13
1
7
13
3
7
2048
2050
2058
2040
2044
2066
12
5
9
12
7
1
12
6
3
13
3
0
13
2
2
2063
2049
2071
2053
2067
2070
2072
13
0
9
2048
13
0
0
2069
2010
2026
2028
13
0
0
2025
13
0
1
2022
12
9
1
12
6
6
12
6
2
12
6
0
12
5
6
12
5
2
12
4
6
12
6
5
12
6
1
12
5
7
12
4
5
12
9
0
12
9
2
12
8
4
12
8
0
12
7
2
12
6
6
12
6
0
2044
12
7
9
12
7
7
12
7
1
12
6
7
12
6
5
12
5
9
12
4
5
12
4
2
2060
2064
12
8
3
12
7
9
12
7
5
12
6
7
12
4
5
12
8
2
12
6
2
12
8
3
2060
1333
2017
2075
2080A
13
2
5
12
6
5
12
5
5
12
5
9
2073
2083
2027
12
7
4
2020
2067
20252021
2077 2076
2057
2077
2081
2000
20492047
2052
13
1
0
2063
2065
13
1
0
13
1
7
2024
2028
2030
12
8
6
2022
12
5
4
12
5
0
12
4
6
12
9
3
12
5
5
12
5
1
12
4
7
12
7
6
12
6
8
12
6
4
12
6
2
12
5
6
12
5
0
2066
12
5
5
12
5
7
12
5
1
12
3
9
12
7
0
12
6
6
12
6
0
12
5
6
12
5
0
12
4
6
12
4
4
12
5
3
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
2056
2064
2035
20392043
2031
2080B
2068B
2068A
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Future Land Use Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
F G
K
L
A
B E
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
10
11
12
13
14
15
16
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5 6 7
8
9
10
11 1
2
3
4
5
17 18 19 20 21 22
232425262728
17 18 19 20 21 22
232425262728
13141516 17
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
12
13
14 15 16 17 18 19 20 21 22
23
24
4 5 6 7 8
9
10
11
12
13
14
15161718
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2
8
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60 63
30 36
50
J
1
2 3 4 5
6
7 8 9 1011 75
76
106 107108 109 110 111
1
1
1
DUNEDIN
RU
RU
RU
RU
RU
RU
RU RU
RU RU
RM
RU
RU
RM
RU
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST
ARBELIA ST
12
6
7
12
6
3
13
1
1
2071
2079
2081
2026
2020
2 0 1 5
12
7
8
2087
13
3
1
13
2
1
13
2
5
13
1
7
13
3
7
2048
2050
2058
2040
2044
2066
12
5
9
12
7
1
12
6
3
13
3
0
13
2
2
2063
2049
2071
2053
2067
2070
2072
13
0
9
2048
13
0
0
2069
2010
2026
2028
13
0
0
2025
13
0
1
2022
12
9
1
12
6
6
12
6
2
12
6
0
12
5
6
12
5
2
12
4
6
12
6
5
12
6
1
12
4
5
12
9
0
12
9
2
12
8
4
12
8
0
12
7
2
12
6
6
12
6
0
2044
12
7
9
12
7
7
12
7
1
12
6
7
12
6
5
12
5
9
12
4
5
12
4
2
2060
2064
12
8
3
12
7
9
12
7
5
12
6
7
12
4
5
12
8
2
12
6
2
12
8
3
2060
1333
2017
2075
RURURU
RM
RURU
RM
RU
RMWATER
RU
RU
WATER
RU
RU
RU
RM
13
2
5
12
6
5
12
5
5
12
5
9
2073
2083
2027
2021
12
7
4
2031
2020
2067
20252021
2077 2076
2057
2077
2081
2000
20492047
2052
13
1
0
2063
2065
13
1
0
13
1
7
2024
2028
2030
12
8
6
2022
12
5
7
12
5
4
12
5
0
12
4
6
12
9
3
12
5
5
12
5
1
12
4
7
12
7
6
12
6
8
12
6
4
12
6
2
12
5
6
12
5
0
2066
12
5
5
12
5
7
12
5
1
12
3
9
12
7
0
12
6
6
12
6
0
12
5
6
12
5
0
12
4
6
12
4
4
12
5
3
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
2056
2064
2035
20392043
2031
2080B
2080A
2068B
2068A
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RU
RU
Zoning Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
F G
K
L
A
B E
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
10
11
12
13
14
15
16
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5 6 7
8
9
10
11 1
2
3
4
5
17 18 19 20 21 22
232425262728
17 18 19 20 21 22
232425262728
13141516 17
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
12
13
14 15 16 17 18 19 20 21 22
23
24
4 5 6 7 8
9
10
11
12
13
14
15161718
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2
8
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60 63
30 36
50
J
1
2 3 4 5
6
7 8 9 1011 75
76
106 107108 109 110 111
1
1
1
DUNEDIN
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST
ARBELIA ST
LMDR
MDR
12
6
7
12
6
3
13
1
1
2081
2021
2087
13
3
1
13
2
1
13
2
5
13
1
7
13
3
7
2066
12
7
1
12
6
3
13
3
0
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LM
D
R
MDR
Existing Surrounding Uses Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
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232425262728
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232425262728
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1
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7 8 9 1011 75
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106 107108 109 110 111
1
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DUNEDIN
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
I
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BERMUDA ST
ARBELIA ST
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2031
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Single Family
Residential
Single Family
Residential
Single Family
Residential
Single Family
Residential
Single Family
Residential
Single Family
Residential
View looking north at the subject property, 1250 Palm St.East of the subject property
North of the subject propertyWest of the subject property
Looking westerly along Palm Street Looking easterly along Palm Streetgyggyg
ANX2014-08014
Multiple Property Owners
1250 Palm Street & 1325 IdlewildDrive
View looking south at the subject property, 1325 IdlewildDr.East of the subject property
North of the subject propertyWest of the subject property
Looking westerly along IdlewildDriveLooking easterly along IdlewildDrivegyggyg
ANX2014-08014
Multiple Property Owners
1250 Palm Street & 1325 IdlewildDrive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8594-14 2nd rdg
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8594-14 on second reading, amending the future land use plan element of
the Comprehensive Plan of the city to designate certain real property whose post office
addresses are 1250 Palm Street and 1325 Idlewild Drive, together with the abutting
right-of-way of Idlewild Drive, upon annexation into the City of Clearwater, as Residential
Urban (RU).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Ordinance No. 8594-14
ORDINANCE NO. 8594-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY,
TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION
STREET, EAST OF DOUGLAS AVENUE, NORTH OF
SUNSET POINT ROAD (STATE ROAD 576), AND WEST
OF KINGS HIGHWAY, CONSISTING OF PORTIONS OF
SECTION 03, TOWNSHIP 29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESSES ARE 1250 PALM
STREET AND 1325 IDLEWILD DRIVE, TOGETHER WITH
THE ABUTTING RIGHT-OF-WAY OF IDLEWILD DRIVE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL URBAN (RU); 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 attached Exhibit A for legal description Residential Urban
(RU) (ANX2014-08014)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8593-14.
2 Ordinance No. 8594-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2014‐08014
=========================================================================================
No. Parcel ID Legal Description Address
1. 03-29-15-15840-001-0260 Lot 26, Block A 1250 Palm Street
The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas
County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 03-29-15-12060-012-0110 Lot 11, Block L 1325 Idlewild Drive
together with:
- all Right of Way of Idlewild Drive abutting Lot 11.
The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas
County, Florida.
Exhibit B
Future Land Use Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
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A
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232425262728
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232425262728
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9101112
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DUNEDIN
RU
RU
RU
RU
RU
RU
RU RU
RU RU
RM
RU
RU
RM
RU
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
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ARBELIA ST
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2075
RURURU
RM
RURU
RM
RU
RMWATER
RU
RU
WATER
RU
RU
RU
RM
13
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6
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2080A
2068B
2068A
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RU
RU
Exhibit B
Location Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
^
PROJECT
SITE
^
PROJECT
SITE DUNEDIN
-N
o
t
t
o
S
c
a
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e
-
-N
o
t
a
S
u
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y
-
Aerial Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
DUNEDIN
1250
1325
UNION ST UNION ST
BETTY LN
BETTY LN
IDLEWILD DR IDLEWILD DR
THE MALL
THE MALL
PALM ST PALM ST
PO
I
N
S
E
T
T
A
A
V
E
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST BERMUDA ST
ARBELIA ST ARBELIA ST
PINECREST WAY
PINECREST WAY
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
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u
r
v
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y
-
Proposed Annexation Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
F G
K
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A
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12
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8
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232425262728
17 18 19 20 21 22
232425262728
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1 2 3 4
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9101112
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21222324
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60 63
30 36
50
J
1
2 3 4 5
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7 8 9 1011 75
76
106 107108 109 110 111
1
1
1
DUNEDIN
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST
ARBELIA ST
12
6
7
12
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3
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1
1
2071
2079
2081
2026
2020
2021
2 0 1 5
12
7
8
2087
2031
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3
1
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2
1
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1
7
13
3
7
2048
2050
2058
2040
2044
2066
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5
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7
1
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6
3
13
3
0
13
2
2
2063
2049
2071
2053
2067
2070
2072
13
0
9
2048
13
0
0
2069
2010
2026
2028
13
0
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0
1
2022
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9
1
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2056
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Future Land Use Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
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DUNEDIN
RU
RU
RU
RU
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RU RU
RU RU
RM
RU
RU
RM
RU
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
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V
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BERMUDA ST
ARBELIA ST
12
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2075
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RM
RURU
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RMWATER
RU
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WATER
RU
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2064
2035
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2031
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2080A
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2068A
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RU
RU
Zoning Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
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106 107108 109 110 111
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UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
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ARBELIA ST
LMDR
MDR
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2087
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LMDR
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D
R
MDR
Existing Surrounding Uses Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
F G
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60 63
30 36
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1
2 3 4 5
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7 8 9 1011 75
76
106 107108 109 110 111
1
1
1
DUNEDIN
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
I
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E
T
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A
A
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BERMUDA ST
ARBELIA ST
12
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1
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2079
2081
2026
2020
2021
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2087
2031
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3
1
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2
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2
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1
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3
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2048
2050
2058
2040
2044
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13
2
2
2063
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2071
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9
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2069
2010
2026
2028
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Single Family
Residential
Single Family
Residential
Single Family
Residential
Single Family
Residential
Single Family
Residential
Single Family
Residential
View looking north at the subject property, 1250 Palm St.East of the subject property
North of the subject propertyWest of the subject property
Looking westerly along Palm Street Looking easterly along Palm Streetgyggyg
ANX2014-08014
Multiple Property Owners
1250 Palm Street & 1325 IdlewildDrive
View looking south at the subject property, 1325 IdlewildDr.East of the subject property
North of the subject propertyWest of the subject property
Looking westerly along IdlewildDriveLooking easterly along IdlewildDrivegyggyg
ANX2014-08014
Multiple Property Owners
1250 Palm Street & 1325 IdlewildDrive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8595-14 2nd rdg
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8595-14 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office addresses are 1250 Palm Street and 1325 Idlewild
Drive, together with the abutting right-of-way of Idlewild Drive, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR) and Medium Density Residential
(MDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Ordinance No. 8595-14
ORDINANCE NO. 8595-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTIES LOCATED
GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD
(STATE ROAD 576), AND WEST OF KINGS HIGHWAY,
CONSISTING OF PORTIONS OF SECTION 03, TOWNSHIP
29 NORTH, RANGE 15 EAST, WHOSE POST OFFICE
ADDRESSES ARE 1250 PALM STREET AND 1325 IDLEWILD DRIVE, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF IDLEWILD DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL AND MEDIUM DENSITY
RESIDENTIAL (LMDR AND MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described properties located in Pinellas County, Florida,
are hereby zoned as indicated upon annexation into the City of Clearwater, and the
zoning atlas of the City is amended, as follows:
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8593-14.
Property Zoning District
See attached Exhibit A for legal description LMDR (Low Medium Density
Residential) and MDR (Medium
Density Residential)
(ANX2014-08014)
2 Ordinance No. 8595-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto Assistant City Attorney
Attest:
Rosemarie Call City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2014‐08014
=========================================================================================
No. Parcel ID Legal Description Address
1. 03-29-15-15840-001-0260 Lot 26, Block A 1250 Palm Street
The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas
County, Florida.
=========================================================================================
No. Parcel ID Legal Description Address
2. 03-29-15-12060-012-0110 Lot 11, Block L 1325 Idlewild Drive
together with:
- all Right of Way of Idlewild Drive abutting Lot 11.
The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas
County, Florida.
Zoning Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
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2
3
4
5
17 18 19 20 21 22
232425262728
17 18 19 20 21 22
232425262728
13141516 17
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
12
13
14 15 16 17 18 19 20 21 22
23
24
4 5 6 7 8
9
10
11
12
13
14
15161718
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2
8
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60 63
30 36
50
J
1
2 3 4 5
6
7 8 9 1011 75
76
106 107108 109 110 111
1
1
1
DUNEDIN
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST
ARBELIA ST
LMDR
MDR
12
6
7
12
6
3
13
1
1
2081
2021
2087
13
3
1
13
2
1
13
2
5
13
1
7
13
3
7
2066
12
7
1
12
6
3
13
3
0
13
2
2
2070
2072
13
0
9
13
1
0
13
0
0
2026
2028
13
1
0
13
0
0 2025
13
1
7
13
0
1
2022
12
9
1
2022
12
6
0
12
5
6
12
5
2
12
4
6
12
6
5
12
6
1
12
5
7
12
4
5
12
9
0
12
8
4
12
8
0
12
7
2
12
6
6
12
8
2
12
8
3
2060
1333
2080A
LMDR
LMDR
13
2
5
12
6
5
12
5
5
12
5
9
2073
2071
2079
2083
2027
2026
2020
2 0 1 5
12
7
4
12
7
8
2031
2020
2067
2048
2050
2058
20252021
2040
2044
12
5
9
2077 2076
2063
2049
2057
2071
2077
2081
2000
2049
2053
2067
2047 2048
2052
2063
2065
2069
2010
2024
2028
2030
12
8
6
12
6
6
12
6
2
12
9
2
12
6
0
12
5
4
12
5
0
12
4
6
204412
9
3
12
7
9
12
7
7
12
7
1
12
6
7
12
6
5
12
5
9
12
5
5
12
5
1
12
4
7
12
4
5
12
7
6
12
6
8
12
6
4
12
6
2
12
5
6
12
5
0
12
4
2
2060
2064
2066
12
8
3
12
7
9
12
7
5
12
6
7
12
5
5
12
5
7
12
5
1
12
4
5
12
3
9
12
7
0
12
6
6
12
6
2
12
6
0
12
5
6
12
5
0
12
4
6
12
4
4
12
5
3
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
2056
2064
2035
20392043
2017
2075
2031
2080B
2068B2068A
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
MDR
LMDR
Location Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
^
PROJECT
SITE
^
PROJECT
SITE DUNEDIN
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Aerial Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
DUNEDIN
1250
1325
UNION ST UNION ST
BETTY LN
BETTY LN
IDLEWILD DR IDLEWILD DR
THE MALL
THE MALL
PALM ST PALM ST
PO
I
N
S
E
T
T
A
A
V
E
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST BERMUDA ST
ARBELIA ST ARBELIA ST
PINECREST WAY
PINECREST WAY
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Proposed Annexation Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
F G
K
L
A
B E
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
10
11
12
13
14
15
16
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5 6 7
8
9
10
11 1
2
3
4
5
17 18 19 20 21 22
232425262728
17 18 19 20 21 22
232425262728
13141516 17
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
12
13
14 15 16 17 18 19 20 21 22
23
24
4 5 6 7 8
9
10
11
12
13
14
15161718
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2
8
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60 63
30 36
50
J
1
2 3 4 5
6
7 8 9 1011 75
76
106 107108 109 110 111
1
1
1
DUNEDIN
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST
ARBELIA ST
12
6
7
12
6
3
13
1
1
2071
2079
2081
2026
2020
2021
2 0 1 5
12
7
8
2087
2031
13
3
1
13
2
1
13
2
5
13
1
7
13
3
7
2048
2050
2058
2040
2044
2066
12
5
9
12
7
1
12
6
3
13
3
0
13
2
2
2063
2049
2071
2053
2067
2070
2072
13
0
9
2048
13
0
0
2069
2010
2026
2028
13
0
0
2025
13
0
1
2022
12
9
1
12
6
6
12
6
2
12
6
0
12
5
6
12
5
2
12
4
6
12
6
5
12
6
1
12
5
7
12
4
5
12
9
0
12
9
2
12
8
4
12
8
0
12
7
2
12
6
6
12
6
0
2044
12
7
9
12
7
7
12
7
1
12
6
7
12
6
5
12
5
9
12
4
5
12
4
2
2060
2064
12
8
3
12
7
9
12
7
5
12
6
7
12
4
5
12
8
2
12
6
2
12
8
3
2060
1333
2017
2075
2080A
13
2
5
12
6
5
12
5
5
12
5
9
2073
2083
2027
12
7
4
2020
2067
20252021
2077 2076
2057
2077
2081
2000
20492047
2052
13
1
0
2063
2065
13
1
0
13
1
7
2024
2028
2030
12
8
6
2022
12
5
4
12
5
0
12
4
6
12
9
3
12
5
5
12
5
1
12
4
7
12
7
6
12
6
8
12
6
4
12
6
2
12
5
6
12
5
0
2066
12
5
5
12
5
7
12
5
1
12
3
9
12
7
0
12
6
6
12
6
0
12
5
6
12
5
0
12
4
6
12
4
4
12
5
3
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
2056
2064
2035
20392043
2031
2080B
2068B
2068A
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
Future Land Use Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
F G
K
L
A
B E
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
10
11
12
13
14
15
16
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5 6 7
8
9
10
11 1
2
3
4
5
17 18 19 20 21 22
232425262728
17 18 19 20 21 22
232425262728
13141516 17
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
12
13
14 15 16 17 18 19 20 21 22
23
24
4 5 6 7 8
9
10
11
12
13
14
15161718
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2
8
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60 63
30 36
50
J
1
2 3 4 5
6
7 8 9 1011 75
76
106 107108 109 110 111
1
1
1
DUNEDIN
RU
RU
RU
RU
RU
RU
RU RU
RU RU
RM
RU
RU
RM
RU
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST
ARBELIA ST
12
6
7
12
6
3
13
1
1
2071
2079
2081
2026
2020
2 0 1 5
12
7
8
2087
13
3
1
13
2
1
13
2
5
13
1
7
13
3
7
2048
2050
2058
2040
2044
2066
12
5
9
12
7
1
12
6
3
13
3
0
13
2
2
2063
2049
2071
2053
2067
2070
2072
13
0
9
2048
13
0
0
2069
2010
2026
2028
13
0
0
2025
13
0
1
2022
12
9
1
12
6
6
12
6
2
12
6
0
12
5
6
12
5
2
12
4
6
12
6
5
12
6
1
12
4
5
12
9
0
12
9
2
12
8
4
12
8
0
12
7
2
12
6
6
12
6
0
2044
12
7
9
12
7
7
12
7
1
12
6
7
12
6
5
12
5
9
12
4
5
12
4
2
2060
2064
12
8
3
12
7
9
12
7
5
12
6
7
12
4
5
12
8
2
12
6
2
12
8
3
2060
1333
2017
2075
RURURU
RM
RURU
RM
RU
RMWATER
RU
RU
WATER
RU
RU
RU
RM
13
2
5
12
6
5
12
5
5
12
5
9
2073
2083
2027
2021
12
7
4
2031
2020
2067
20252021
2077 2076
2057
2077
2081
2000
20492047
2052
13
1
0
2063
2065
13
1
0
13
1
7
2024
2028
2030
12
8
6
2022
12
5
7
12
5
4
12
5
0
12
4
6
12
9
3
12
5
5
12
5
1
12
4
7
12
7
6
12
6
8
12
6
4
12
6
2
12
5
6
12
5
0
2066
12
5
5
12
5
7
12
5
1
12
3
9
12
7
0
12
6
6
12
6
0
12
5
6
12
5
0
12
4
6
12
4
4
12
5
3
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
2056
2064
2035
20392043
2031
2080B
2080A
2068B
2068A
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
RU
RU
Zoning Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
60
60
60 60
87.7
87.7
12060
15840 46998
80388
AB
F G
K
L
A
B E
12
3
4
5
6
7
8
9
10
11
12
13
14
15
16
1
10
11
12
13
14
15
16
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5 6 7
8
9
10
11 1
2
3
4
5
17 18 19 20 21 22
232425262728
17 18 19 20 21 22
232425262728
13141516 17
1 2 3 4
5
6
7
8
9101112
13 14 15 16
17
18
19
20
21222324
25 26 27 28
29
30
12
13
14 15 16 17 18 19 20 21 22
23
24
4 5 6 7 8
9
10
11
12
13
14
15161718
1
2
3
4
5
6
7
8
9
10
11
12
1 2 3 4
5
6
78
9
10
1 2 3 4
5
6
78
9
10
1 2
8
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
60 63
30 36
50
J
1
2 3 4 5
6
7 8 9 1011 75
76
106 107108 109 110 111
1
1
1
DUNEDIN
UNION ST
BETTY LN
IDLEWILD DR
THE MALL
PALM ST
PO
I
N
S
E
T
T
A
A
V
E
BERMUDA ST
ARBELIA ST
LMDR
MDR
12
6
7
12
6
3
13
1
1
2081
2021
2087
13
3
1
13
2
1
13
2
5
13
1
7
13
3
7
2066
12
7
1
12
6
3
13
3
0
13
2
2
2070
2072
13
0
9
13
1
0
13
0
0
2026
2028
13
1
0
13
0
0 2025
13
1
7
13
0
1
2022
12
9
1
2022
12
6
0
12
5
6
12
5
2
12
4
6
12
6
5
12
6
1
12
5
7
12
4
5
12
9
0
12
8
4
12
8
0
12
7
2
12
6
6
12
8
2
12
8
3
2060
1333
2080A
LMDR
LMDR
13
2
5
12
6
5
12
5
5
12
5
9
2073
2071
2079
2083
2027
2026
2020
2 0 1 5
12
7
4
12
7
8
2031
2020
2067
2048
2050
2058
20252021
2040
2044
12
5
9
2077 2076
2063
2049
2057
2071
2077
2081
2000
2049
2053
2067
2047 2048
2052
2063
2065
2069
2010
2024
2028
2030
12
8
6
12
6
6
12
6
2
12
9
2
12
6
0
12
5
4
12
5
0
12
4
6
204412
9
3
12
7
9
12
7
7
12
7
1
12
6
7
12
6
5
12
5
9
12
5
5
12
5
1
12
4
7
12
4
5
12
7
6
12
6
8
12
6
4
12
6
2
12
5
6
12
5
0
12
4
2
2060
2064
2066
12
8
3
12
7
9
12
7
5
12
6
7
12
5
5
12
5
7
12
5
1
12
4
5
12
3
9
12
7
0
12
6
6
12
6
2
12
6
0
12
5
6
12
5
0
12
4
6
12
4
4
12
5
3
12
7
5
12
7
3
12
7
1
12
4
7
12
4
5
12
4
1
2056
2064
2035
20392043
2017
2075
2031
2080B
2068B2068A
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
LM
D
R
MDR
Existing Surrounding Uses Map
Owner: Multiple Owners Case: ANX2014-08014
Site: 1250 Palm Street and 1325 Idlewild Drive
Property Size
(Acres):
ROW Size
(Acres):
0.256 acres
0.138 acres
Land Use Zoning
PIN: 03-29-15-15840-001-0260
03-29-15-12060-012-0110 From :
To:
RU R-4
RU LMDR, MDR
Atlas Page: 251B
60 60
60
60
60
60
60
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87.7
12060
15840 46998
80388
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Single Family
Residential
Single Family
Residential
Single Family
Residential
Single Family
Residential
Single Family
Residential
Single Family
Residential
View looking north at the subject property, 1250 Palm St.East of the subject property
North of the subject propertyWest of the subject property
Looking westerly along Palm Street Looking easterly along Palm Streetgyggyg
ANX2014-08014
Multiple Property Owners
1250 Palm Street & 1325 IdlewildDrive
View looking south at the subject property, 1325 IdlewildDr.East of the subject property
North of the subject propertyWest of the subject property
Looking westerly along IdlewildDriveLooking easterly along IdlewildDrivegyggyg
ANX2014-08014
Multiple Property Owners
1250 Palm Street & 1325 IdlewildDrive
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8596-14 2nd rdg
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8596-14 on second reading, annexing certain real property whose post office
addresses are 1452 Grove Circle Court, 1473 Grove Circle Court, and 1479 Grove Circle
Court, all in Clearwater, Florida, 33755 into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Ordinance No. 8596-14
ORDINANCE NO. 8596-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY EAST OF KINGS HIGHWAY AND
WEST OF NORTH HIGHLAND AVENUE, NORTH OF
PALMETTO STREET AND SOUTH OF SUNSET POINT
ROAD, CONSISTING OF PORTIONS OF SECTION 02 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES ARE 1452 GROVE CIRCLE COURT, 1473
GROVE CIRCLE COURT, 1479 GROVE CIRCLE COURT,
ALL IN CLEARWATER, FLORIDA 33755, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owners of the real properties described herein and depicted on the
map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The following-described properties are hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached Exhibit A for legal descriptions
(ANX2014-07013)
The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and
records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida,
within 7 days after adoption, and shall file a certified copy with the Florida Department of
State within 30 days after adoption.
2 Ordinance No. 8596-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2014‐07013
=========================================================================================
No. Parcel ID Legal Description Address
1. 02-29-15-33750-000-0080 Lot 8 1452 Grove Circle Court
2. 02-29-15-33750-000-0120 Lot 12 1473 Grove Circle Court
3. 02-29-15-33750-000-0130 Lot 13 1479 Grove Circle Court
The above in GROVE CIRCLE subdivision, as recorded in PLAT BOOK 43, PAGE 29, of the Public Records of Pinellas
County, Florida.
Exhibit B
PROPOSED ANNEXATION MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
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1 4 5 5 1466
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73
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3
34
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0
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6
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Location_ANX2014-07013.docx
LOCATION MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
^
PROJECT
SITE
^
HI
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PROJECT
SITE
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Aerial_ANX2014-07013.docx
AERIAL PHOTOGRAPH
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
1473
1479
1452
KINGS HWY
KINGS HWY
FAIRMONT ST FAIRMONT ST N HIGHLAND AVE
N HIGHLAND AVE
SANDY LN SANDY LN
PARKWOOD ST PARKWOOD ST
GROVE CIRCLE CT GROVE CIRCLE CT
WESTON DR
WESTON DR
CARLOS AVE
CARLOS AVE
BARBARA AVE
BARBARA AVE
-N
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Proposed_ANX2014-07013.docx
PROPOSED ANNEXATION MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
1513
14
5
4
14
4
0
14
3
4
14
2
8
1512
1606
1600
1758
1740
1722
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6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
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4
1
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4
7
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3
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2
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5
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1
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6
6
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3
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2
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1
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1 4 5 5 1466
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1751
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6
0
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5
4
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6
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7
4
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5
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7
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8
1
14
7
5
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3
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5
7
14
9
3
1759
1460
1609
1368
1487
1740Well
1
45
2
14
7
3
14
7
9
1606
14
7
0
14
5
8
14
4
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0
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1
1
1
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6
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0
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13
7
3
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0
14
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\FLUM_ANX2014-07013.docx
FUTURE LAND USE MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
I
RL
RU
RU
R/OS
RU
RU
RU
RU
RL
I
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
14
5
4
14
4
0
14
3
4
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2
8
1512
1606
1758
1740
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1
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1478
1472
1706
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8
8
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4
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7
4
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7
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6
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7
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14
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3
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8
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0
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8
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6
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6
1
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6
9
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RL
RL RL
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Zoning_ANX2014-07013.docx
ZONING MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
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60 60
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80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
I
LMDR
OS/R
I
C
I
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
1513
14
3
4
14
2
8
1512
1606
1600
1758
1740
1722
14
6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
14
4
1
14
4
7
14
3
5
14
2
9
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5
3
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0
1
14
0
7
14
6
6
14
3
6
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3
0
14
2
6
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1
8
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0
8
14
1
2
1 4 5 5 1466
1745
1751
1735
1715
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6
0
14
5
4
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8
6
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7
4
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5
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8
7
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8
1
14
7
5
14
6
3
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5
7
14
9
3
1759
1460
1609
1368
1487
1740Well
MHD
14
52
14
7
3
14
7
9
1606
14
7
0
14
5
8
14
5
4
14
4
6
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4
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1513
1601 1601
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0
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1
1
1
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1
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5
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5
0
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0
13
73
13
7
3
34
14
8
0
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8
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6
2
1
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6
9
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5
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LMDR
LMDR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Exisiting_ANX2014-07013.docx
EXISTING SURROUNDING USES MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR
Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
1513
14
5
4
14
4
0
14
3
4
14
2
8
1512
1606
1600
1758
1740
1722
14
6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
14
4
1
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4
7
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3
5
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2
9
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3
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0
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3
0
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2
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1
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1
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1 4 5 5 1466
1745
1751
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1715
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0
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5
4
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6
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7
4
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1
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7
5
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3
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5
7
14
9
3
1759
1460
1609
1368
1487
1740Well
1
45
2
14
7
3
14
7
9
1606
14
7
0
14
5
8
14
4
6
1513
1601 1601
00
0
8
1
1
1
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1
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9
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1701
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73
13
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3
34
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0
14
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2
1
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Single Family Residential
School
Single Family Residential
Kings Highway Recreation
Center
View looking west at the subject property, 1452 Grove Circle
Court
View looking southwest of the subject property
View looking northeast of the subject propertyAcross the street, to the east of the subject
property
ANX2014-07013
Helen Stover
1452 Grove Circle Court
View looking southerly along Grove Circle CourtView looking easterly along Grove Circle Court
View looking south at the subject property, 1473 Grove Circle
Court
View looking west of the subject property
View looking east of the subject propertyAcross the street, to the north of the subject property
ANX2014-07013
Evelyn Hart
1473 Grove Circle Court
View looking westerly along Grove Circle CourtView looking easterly along Grove Circle Court
View looking south at the subject property, 1479 Grove Circle
Court
View looking east of the subject property
View looking west of the subject propertyAcross the street, to the north of the subject property
ANX2014-07013
Evelyn Hart
1479 Grove Circle Court
View looking westerly along Grove Circle CourtView looking easterly along Grove Circle Court
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8597-14 2nd rdg
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.5
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8597-14 on second reading, amending the future land use plan element of
the Comprehensive Plan of the city to designate certain real property whose post office
addresses are 1452 Grove Circle Court, 1473 Grove Circle Court, and 1479 Grove Circle
Court, all in Clearwater, Florida, 33755, upon annexation into the City of Clearwater, as
Residential Low (RL).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Ordinance No. 8597-14
ORDINANCE NO. 8597-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY,
TO DESIGNATE THE LAND USE FOR CERTAIN REAL
PROPERTIES LOCATED GENERALLY EAST OF KINGS HIGHWAY AND WEST OF NORTH HIGHLAND AVENUE,
NORTH OF PALMETTO STREET AND SOUTH OF
SUNSET POINT ROAD, CONSISTING OF PORTIONS OF
SECTION 02 TOWNSHIP 29 N, RANGE 15 E, WHOSE
POST OFFICE ADDRESSES ARE 1452 GROVE CIRCLE COURT, 1473 GROVE CIRCLE COURT, 1479 GROVE
CIRCLE COURT, ALL IN CLEARWATER, FLORIDA 33755,
UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW (RL); 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 attached exhibit A for legal descriptions Residential Low
(RL)
(ANX2014-07013)
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8596-14.
2 Ordinance No. 8597-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto Assistant City Attorney
Attest:
Rosemarie Call City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2014‐07013
=========================================================================================
No. Parcel ID Legal Description Address
1. 02-29-15-33750-000-0080 Lot 8 1452 Grove Circle Court
2. 02-29-15-33750-000-0120 Lot 12 1473 Grove Circle Court
3. 02-29-15-33750-000-0130 Lot 13 1479 Grove Circle Court
The above in GROVE CIRCLE subdivision, as recorded in PLAT BOOK 43, PAGE 29, of the Public Records of Pinellas
County, Florida.
Exhibit B
FUTURE LAND USE MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
I
RL
RU
RU
R/OS
RU
RU
RU
RU
RL
I
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
14
5
4
14
4
0
14
3
4
14
2
8
1512
1606
1758
1740
14
6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
14
4
1
14
4
7
14
3
5
14
2
9
14
5
3
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0
1
14
0
7
14
6
6
14
3
6
14
3
0
14
0
8
14
1
2
1466
1745
1751
1735
1715
14
6
0
14
5
4
14
8
6
14
7
4
14
8
7
14
8
1
14
7
5
14
6
3
14
5
7
14
9
3
1759
1460
1368
1487
1740Well
14
52
14
7
3
14
7
9
1606
14
7
0
1513
14
5
8
14
4
61600
1513
1601 1601
00
0
8
1
1
1
11
1
1722
14
5
9
14
6
5
14
5
0
14
2
6
14
1
8
1 4 5 5
1701
14
4
0
13
73
13
7
3
34
14
8
0
14
6
8
14
6
2
14
5
6
1
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6
9
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5
1
1368
1609
1720(Sig
-N
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RL
RL RL
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Location_ANX2014-07013.docx
LOCATION MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
^
PROJECT
SITE
^
HI
G
H
L
A
N
D
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PROJECT
SITE
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Aerial_ANX2014-07013.docx
AERIAL PHOTOGRAPH
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
1473
1479
1452
KINGS HWY
KINGS HWY
FAIRMONT ST FAIRMONT ST N HIGHLAND AVE
N HIGHLAND AVE
SANDY LN SANDY LN
PARKWOOD ST PARKWOOD ST
GROVE CIRCLE CT GROVE CIRCLE CT
WESTON DR
WESTON DR
CARLOS AVE
CARLOS AVE
BARBARA AVE
BARBARA AVE
-N
o
t
t
o
S
c
a
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-N
o
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Proposed_ANX2014-07013.docx
PROPOSED ANNEXATION MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
1513
14
5
4
14
4
0
14
3
4
14
2
8
1512
1606
1600
1758
1740
1722
14
6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
14
4
1
14
4
7
14
3
5
14
2
9
14
5
3
14
0
1
14
0
7
14
6
6
14
3
6
14
3
0
14
2
6
14
1
8
14
0
8
14
1
2
1 4 5 5 1466
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1751
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1715
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6
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4
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8
6
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8
1
14
7
5
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6
3
14
5
7
14
9
3
1759
1460
1609
1368
1487
1740Well
1
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2
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7
3
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7
9
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0
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5
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14
4
6
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1601 1601
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\FLUM_ANX2014-07013.docx
FUTURE LAND USE MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
I
RL
RU
RU
R/OS
RU
RU
RU
RU
RL
I
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
14
5
4
14
4
0
14
3
4
14
2
8
1512
1606
1758
1740
14
6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
14
4
1
14
4
7
14
3
5
14
2
9
14
5
3
14
0
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0
7
14
6
6
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3
6
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3
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0
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14
1
2
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1751
1735
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6
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7
14
8
1
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7
5
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6
3
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3
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1460
1368
1487
1740Well
14
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7
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14
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0
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5
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4
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RL
RL RL
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Zoning_ANX2014-07013.docx
ZONING MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
I
LMDR
OS/R
I
C
I
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
1513
14
3
4
14
2
8
1512
1606
1600
1758
1740
1722
14
6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
14
4
1
14
4
7
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3
5
14
2
9
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5
3
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0
1
14
0
7
14
6
6
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3
6
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3
0
14
2
6
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1
8
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0
8
14
1
2
1 4 5 5 1466
1745
1751
1735
1715
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6
0
14
5
4
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8
6
14
7
4
14
5
6
14
8
7
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8
1
14
7
5
14
6
3
14
5
7
14
9
3
1759
1460
1609
1368
1487
1740Well
MHD
14
52
14
7
3
14
7
9
1606
14
7
0
14
5
8
14
5
4
14
4
6
14
4
0
1513
1601 1601
00
0
8
1
1
1
11
1
14
5
9
14
6
5
14
5
0
1701
14
4
0
13
73
13
7
3
34
14
8
0
14
6
8
14
6
2
1
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6
9
14
5
1
1368
1720(Sig
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LMDR
LMDR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Exisiting_ANX2014-07013.docx
EXISTING SURROUNDING USES MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR
Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
1513
14
5
4
14
4
0
14
3
4
14
2
8
1512
1606
1600
1758
1740
1722
14
6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
14
4
1
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2
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3
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0
1
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0
7
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3
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2
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1
8
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0
8
14
1
2
1 4 5 5 1466
1745
1751
1735
1715
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6
0
14
5
4
14
8
6
14
7
4
14
5
6
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7
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1
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7
5
14
6
3
14
5
7
14
9
3
1759
1460
1609
1368
1487
1740Well
1
45
2
14
7
3
14
7
9
1606
14
7
0
14
5
8
14
4
6
1513
1601 1601
00
0
8
1
1
1
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1
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0
1701
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0
13
73
13
7
3
34
14
8
0
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2
1
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9
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1
1
1368
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1
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1720(Sig
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Single Family Residential
School
Single Family Residential
Kings Highway Recreation
Center
View looking west at the subject property, 1452 Grove Circle
Court
View looking southwest of the subject property
View looking northeast of the subject propertyAcross the street, to the east of the subject
property
ANX2014-07013
Helen Stover
1452 Grove Circle Court
View looking southerly along Grove Circle CourtView looking easterly along Grove Circle Court
View looking south at the subject property, 1473 Grove Circle
Court
View looking west of the subject property
View looking east of the subject propertyAcross the street, to the north of the subject property
ANX2014-07013
Evelyn Hart
1473 Grove Circle Court
View looking westerly along Grove Circle CourtView looking easterly along Grove Circle Court
View looking south at the subject property, 1479 Grove Circle
Court
View looking east of the subject property
View looking west of the subject propertyAcross the street, to the north of the subject property
ANX2014-07013
Evelyn Hart
1479 Grove Circle Court
View looking westerly along Grove Circle CourtView looking easterly along Grove Circle Court
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8598-14 2nd rdg
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 9.6
SUBJECT/RECOMMENDATION:
Adopt Ordinance 8598-14 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office addresses are 1452 Grove Circle Court, 1473 Grove
Circle Court, and 1479 Grove Circle Court, all in Clearwater, Florida, 33755, upon annexation
into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Ordinance No. 8598-14
ORDINANCE NO. 8598-14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED
GENERALLY EAST OF KINGS HIGHWAY AND WEST OF
NORTH HIGHLAND AVENUE, NORTH OF PALMETTO
STREET AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF PORTIONS OF SECTION 02 TOWNSHIP 29 N, RANGE 15 E, WHOSE POST OFFICE ADDRESSES
ARE 1452 GROVE CIRCLE COURT, 1473 GROVE CIRCLE
COURT, 1479 GROVE CIRCLE COURT, ALL IN
CLEARWATER, FLORIDA 33755, 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 properties located in Pinellas County, Florida,
are hereby zoned as indicated upon annexation into the City of Clearwater, and the
zoning atlas of the City is amended, as follows:
The map attached as Exhibit B is hereby incorporated by reference.
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8596-14.
Property Zoning District
See attached Exhibit A for legal descriptions Low Medium Density Residential
(LMDR)
(ANX2014-07013)
2 Ordinance No. 8598-14
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Camilo A. Soto Assistant City Attorney
Attest:
Rosemarie Call City Clerk
Exhibit A
LEGAL DESCRIPTIONS
ANX2014‐07013
=========================================================================================
No. Parcel ID Legal Description Address
1. 02-29-15-33750-000-0080 Lot 8 1452 Grove Circle Court
2. 02-29-15-33750-000-0120 Lot 12 1473 Grove Circle Court
3. 02-29-15-33750-000-0130 Lot 13 1479 Grove Circle Court
The above in GROVE CIRCLE subdivision, as recorded in PLAT BOOK 43, PAGE 29, of the Public Records of Pinellas
County, Florida.
Exhibit B
ZONING MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
I
LMDR
OS/R
I
C
I
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
1513
14
3
4
14
2
8
1512
1606
1600
1758
1740
1722
14
6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
14
4
1
14
4
7
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3
5
14
2
9
14
5
3
14
0
1
14
0
7
14
6
6
14
3
6
14
3
0
14
2
6
14
1
8
14
0
8
14
1
2
1 4 5 5 1466
1745
1751
1735
1715
14
6
0
14
5
4
14
8
6
14
7
4
14
5
6
14
8
7
14
8
1
14
7
5
14
6
3
14
5
7
14
9
3
1759
1460
1609
1368
1487
1740Well
MHD
14
52
14
7
3
14
7
9
1606
14
7
0
14
5
8
14
5
4
14
4
6
14
4
0
1513
1601 1601
00
0
8
1
1
1
11
1
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5
9
14
6
5
14
5
0
1701
14
4
0
13
73
13
7
3
34
14
8
0
14
6
8
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6
2
1
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6
9
14
5
1
1368
1720(Sig
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LMDR
LMDR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Location_ANX2014-07013.docx
LOCATION MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
^
PROJECT
SITE
^
HI
G
H
L
A
N
D
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V
E
PROJECT
SITE
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Aerial_ANX2014-07013.docx
AERIAL PHOTOGRAPH
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
1473
1479
1452
KINGS HWY
KINGS HWY
FAIRMONT ST FAIRMONT ST N HIGHLAND AVE
N HIGHLAND AVE
SANDY LN SANDY LN
PARKWOOD ST PARKWOOD ST
GROVE CIRCLE CT GROVE CIRCLE CT
WESTON DR
WESTON DR
CARLOS AVE
CARLOS AVE
BARBARA AVE
BARBARA AVE
-N
o
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t
o
S
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Proposed_ANX2014-07013.docx
PROPOSED ANNEXATION MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
1513
14
5
4
14
4
0
14
3
4
14
2
8
1512
1606
1600
1758
1740
1722
14
6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
14
4
1
14
4
7
14
3
5
14
2
9
14
5
3
14
0
1
14
0
7
14
6
6
14
3
6
14
3
0
14
2
6
14
1
8
14
0
8
14
1
2
1 4 5 5 1466
1745
1751
1735
1715
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6
0
14
5
4
14
8
6
14
7
4
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5
6
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8
7
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8
1
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7
5
14
6
3
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5
7
14
9
3
1759
1460
1609
1368
1487
1740Well
1
45
2
14
7
3
14
7
9
1606
14
7
0
14
5
8
14
4
6
1513
1601 1601
00
0
8
1
1
1
11
1
14
5
9
14
6
5
14
5
0
1701
14
4
0
13
73
13
7
3
34
14
8
0
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6
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6
2
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6
9
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5
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1
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1720(Sig
1
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S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\FLUM_ANX2014-07013.docx
FUTURE LAND USE MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
I
RL
RU
RU
R/OS
RU
RU
RU
RU
RL
I
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
14
5
4
14
4
0
14
3
4
14
2
8
1512
1606
1758
1740
14
6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
14
4
1
14
4
7
14
3
5
14
2
9
14
5
3
14
0
1
14
0
7
14
6
6
14
3
6
14
3
0
14
0
8
14
1
2
1466
1745
1751
1735
1715
14
6
0
14
5
4
14
8
6
14
7
4
14
8
7
14
8
1
14
7
5
14
6
3
14
5
7
14
9
3
1759
1460
1368
1487
1740Well
14
52
14
7
3
14
7
9
1606
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RL RL
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Zoning_ANX2014-07013.docx
ZONING MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
I
LMDR
OS/R
I
C
I
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
1513
14
3
4
14
2
8
1512
1606
1600
1758
1740
1722
14
6
1
1490
1484
1478
1472
1706
1718
14
8
8
14
8
0
14
8
4
14
7
4
14
7
1
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4
1
14
4
7
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3
5
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2
9
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6
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1460
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1368
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LMDR
LMDR
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Circle Court 1479 ANX2014-07013 -
Hart\Maps\Exisiting_ANX2014-07013.docx
EXISTING SURROUNDING USES MAP
Owner(s): MULTIPLE OWNERS Case: ANX2014-07013
Site:
Generally east of Kings Highway and west of North
Highland Avenue, north of Palmetto Street and south
of Sunset Point Road.
Property
Size(Acres): 0.719
Land Use Zoning
PIN:
02-29-15-33750-000-0080
02-29-15-37500-000-0120
02-29-15-37500-000-0130 From:
To:
RL R-3
RL LMDR
Atlas Page: 261A
50 50
60
30
60
60
83
83
10030
90288
33750
78646 24 23 22 21 20 19 18 17
25 26 27 30 31 32 28 29
40 39 38 37 36 35 34 33
1 23 4 5 6 7
8
9
10 11 12 13 14 15 16
33/03
33/04
33/06
33/05
33/02
5.58
9.68
2.41
2.5
30
33
60
6
0
60
60
30
33 30
60
60
60 60
60
60
80B
C
1234567891011121314151617
1
2
3
423
24
25
26
12345678910
11 12 1314 15 16 17 18 19 20
1
2
324
25
26
A C(C)
A C
AC
AC
KINGS HWY
FAIRMONT ST
N HIGHLAND AVE
SANDY LN
PARKWOOD ST
GROVE CIRCLE CT
WESTON DR
CARLOS AVE
BARBARA AVE
14
8
5
14
9
1
14
6
7
1700
1604
16001601
1607
14
6
4
1600
1608
1513
14
5
4
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4
0
14
3
4
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14
6
1
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1484
1478
1472
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8
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1 4 5 5 1466
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1751
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6
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1
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-
-N
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t
a
S
u
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v
e
y
-
Single Family Residential
School
Single Family Residential
Kings Highway Recreation
Center
View looking west at the subject property, 1452 Grove Circle
Court
View looking southwest of the subject property
View looking northeast of the subject propertyAcross the street, to the east of the subject
property
ANX2014-07013
Helen Stover
1452 Grove Circle Court
View looking southerly along Grove Circle CourtView looking easterly along Grove Circle Court
View looking south at the subject property, 1473 Grove Circle
Court
View looking west of the subject property
View looking east of the subject propertyAcross the street, to the north of the subject property
ANX2014-07013
Evelyn Hart
1473 Grove Circle Court
View looking westerly along Grove Circle CourtView looking easterly along Grove Circle Court
View looking south at the subject property, 1479 Grove Circle
Court
View looking east of the subject property
View looking west of the subject propertyAcross the street, to the north of the subject property
ANX2014-07013
Evelyn Hart
1479 Grove Circle Court
View looking westerly along Grove Circle CourtView looking easterly along Grove Circle Court
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-629
Agenda Date: 11/6/2014 Status: Agenda ReadyVersion: 1
File Type: ReportIn Control: City Council
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
City Grant Strategic Plan - Mike Langton, Langton & Assoc.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 8620-14
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: OrdinanceIn Control: Finance
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Amend Ordinances 3674-84 and 6915-01, providing changes to Reserve Requirements for
future Water and Sewer revenue bonds and other updates to the ordinances; and pass
Ordinance 8620-14 on first reading.
SUMMARY:
The City’s Bond Counsel and Financial Advisor have recommended changes to the City’s
1984 and 2001 ordinances governing Water and Sewer revenue bond issuances, in order to
allow the flexibility to meet market requirements for future issuances.
Currently Ordinances 3674-84 and 6915-01 include Reserve Requirements for a debt service
reserve fund equal to the maximum annual debt service on all outstanding Water and Sewer
bonds (currently $13.8 million in reserve), and consent from two-thirds of the outstanding
bondholders to make any significant revisions to the bond covenants.
Current markets often do not require debt service funds on Water and Sewer debt with similar
credit ratings to those of the City. These amendments would allow the City to decide whether
debt service reserve funds are necessary for future bond issuances on a series -by-series
basis, potentially allowing the City to significantly reduce or even eliminate the current $13.8
million reserve over time.
Additional changes recommended by the City’s financial advisor provide more flexibility as it
relates to Balloon Bonds (often seen as part of a bank loan) and Variable Rate Bonds in the
future if warranted. If the City were to consider these alternative bond types in the future, it
would come back to Council for approval.
These amendments are considered significant and consequently would not become effective
until cumulative bondholders under this new ordinance represent two-thirds of all outstanding
bondholders.
APPROPRIATION CODE AND AMOUNT:
No budgetary impact
Page 1 City of Clearwater Printed on 11/4/2014
Ordinance No. 8620-14
1
ORDINANCE NO. 8620-14
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ORDINANCE NO. 3674-84, AND ORDINANCE NO. 6915-01; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
SECTION 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to Chapter 166, Part II, Florida Statutes, and other applicable provisions of law and pursuant to Section 21 of Ordinance No. 3674-84 (the “1984 Ordinance”) and is supplemental to
and amending of the Original Ordinance, as amended by Ordinance No. 6915-01 (the “2001
Ordinance”).
SECTION 2. DEFINITIONS. All capitalized undefined terms shall have the same meaning as set forth in the Original Ordinance (as herein defined).
SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that:
A. The Issuer now owns, operates and maintains the System and is empowered to
maintain, operate, improve and extend such system and regulate and fix reasonable rates and charges for the services furnished thereby.
B. The Issuer derives Gross Revenues from rates, fees and charges made and collected for the services and facilities of the System supplying water and sanitary sewerage
services and the Gross Revenues are not pledged or encumbered in any manner, except for
payment of the Parity Bonds.
C. Any Series of Bonds and the project to be funded with the proceeds of such Series of Bonds, shall be issued under the authority of the 1984 Ordinance as amended by the 2001 Ordinance (collectively as amended, the “Original Ordinance”) and such projects shall be
undertaken upon approval by subsequent resolution of the Issuer as provided by law. The proceeds of any Series of Bonds shall be applied as provided in a supplemental ordinance or
resolution.
D. Since enactment of the Original Ordinance, the requirements of the capital markets
for the structure of debt instruments, specifically whether a debt service reserve is required to
market bonds, the increased activity of banking and other similar financial institutions in the capital markets, and the enactment of various bond subsidy programs, the Original Ordinance
needs to be amended to adjust to these changed market conditions.
E. Section 21 of the 2001 Ordinance provides for the material amendment of the 1984
Ordinance with the consent of the insurer under any bond insurance policy for a Series of Bonds
then outstanding plus the consent of the Registered Owners of two-thirds in principal amount of the Bonds then outstanding (the “Required Consents”), and Section 20 of the 2001 Ordinance
provides for the material amendment of the 2001 Ordinance with the consent of the Registered
Owners or fifty-one percent or more in the principal amount of Bonds of each Series so affected and outstanding.
Ordinance No. 8620-14
2
F. The amendments to the Original Ordinance contained in this Ordinance shall become
effective upon the receipt of the consent of the Registered Owners of two-thirds in principal
amount of the Bonds then outstanding together with the consent of any insurer under any bond insurance policy for a Series of Bonds then outstanding.
G. Each Series of Bonds authorized and issued pursuant to subsequent resolutions adopted on and after the date of enactment of this Ordinance shall be issued with the express
understanding that the Registered Owners of such Series of Bonds consent to the amendments set forth in this Ordinance, and upon the receipt of the required consent for these amendments, each such Series of Bonds shall be subject to this Ordinance as if this Ordinance was fully in
effect on the date of issuance of such Series of Bonds. SECTION 4. AMENDMENTS TO ORIGINAL ORDINANCE.
A. Subject to the receipt of the Required Consents, Section 2 of the 1984 Ordinance, as
amended in Section 2 of the 2001 Ordinance shall be amended to add the following new
defined terms to read as follows:
"Balloon Bonds" means Bonds of a Series designated as such by
Supplemental Resolution adopted in connection with the issuance thereof, for which either (1) no serial maturities or Sinking Fund Installments prior to the
maturity thereof have been established, or (2) the aggregate of such serial
maturities and Sinking Fund Installments that have been established is less than the amount necessary to amortize such Bonds on a substantially level debt
service basis.
"Qualified Agreement" means, to the extent from time to time permitted
pursuant to law, any contract or contracts entered into in connection with Bonds
under which payments are, in whole or in part, based on interest rate, cash flow, or other basis desired by the Issuer, including, without limitation, contracts
commonly known as current or forward interest rate swap or swaption agreements and interest rate floors or caps. Notwithstanding anything herein to the contrary, "Qualified Agreement" shall not include goods and service supply
contracts.
"Variable Rate Bonds" shall mean obligations issued with a variable,
adjustable, convertible or other similar rate which is not fixed in percentage at the date of issue for the entire term thereof as shall be determined by Supplemental
Resolution of the Issuer.
B. Subject to the receipt of the Required Consents, the following defined terms
contained in Section 2 of the 1984 Ordinance, as amended in Section 2 of the 2001 Ordinance
shall be amended to read as follows (deletions are indicated by a strikethrough and additions are indicated by underlining):
"Bond Service Requirement" for any Fiscal Year, as applied to the Bonds of any series, shall mean the sum of:
(1) the amount required to pay the interest becoming due on the Bonds of such series during the Fiscal Year, except to the extent that such interest shall
Ordinance No. 8620-14
3
have been provided by payments into the Sinking Fund out of bond proceeds for a specific period of time or by payments of investment income into the Sinking
Fund from the Bond Service Account or any subaccounts therein. Whenever
such income is applied in calculating a Bond Service Requirement for any purpose, such income shall also be excluded in the computation of Gross
Revenues for such purpose. (2) the amount required to pay the principal of Serial Bonds of such series
maturing in such Fiscal Year. (3) the Amortization Installments for Term Bonds of such series for such
Fiscal Year. (4) in the event the Issuer has purchased or entered into an agreement to
purchase Federal Securities or Authorized Investments from moneys in the Bond Service Account, then the income received or to be received on such Federal
Securities or Authorized Investments from the date of acquisition thereof to the
date of maturity thereof, or when the Issuer issues a Series of Bonds pursuant to a subsidy program offered by another governmental unit which provides for a
subsidy payment to the Issuer to pay all or any portion of interest or principal due
on such Series of Bonds, unless otherwise designated for other purposes, such income or subsidy payment shall be taken into consideration in calculating the
payments which will be required to be made into the Sinking Fund and the Bond
Service Account therein. Whenever such income or subsidy payment is applied in calculating a Bond Service Requirement for any purpose, such income or
subsidy payment shall also be excluded in the computation of Gross Revenues
for such purpose.
(5) with respect to Balloon Bonds, the unamortized principal coming due
on the final maturity date thereof shall be ignored and in lieu thereof there shall be added to the Annual Debt Service for the applicable period of time in which
such final maturity occurs and to each year thereafter through the 30th anniversary of the issuance of such Bonds (the "Reamortization Period") the amount of substantially level principal and interest payments (assuming for such
purposes such interest rate as a financial advisor selected by the Issuer and having experience in the pricing of municipal bonds shall determine is a
reasonable estimate of the rate that such Balloon Bonds would bear based upon
such Reamortization Period and the characteristics of such Balloon Bonds) that if paid in each year during the Reamortization Period would be sufficient to pay in
full the unamortized portion of such Balloon Bonds by such anniversary.
(6) with respect to Variable Rate Bonds which are not subject to a
Qualified Agreement, if any, the interest rate used to calculate the Bond Service
Requirement shall be the higher of (i) the actual rate on the date of calculation, or if the indebtedness is not yet outstanding, the initial rate (if established and
binding), (ii) if the indebtedness has been outstanding for at least twelve months,
the average rate over the twelve months immediately preceding the date of calculation, and (iii) if the indebtedness has been outstanding for twelve months
or less, (1) if interest on the indebtedness is excludable from gross income under
the applicable provisions of the Internal Revenue Code, the most recently published Bond Buyer 25 Bond Revenue Index (or comparable index if no longer
Ordinance No. 8620-14
4
published) plus fifty (50) basis points, or (2) if interest is not so excludable, the interest rate on direct U.S. Treasury Obligations with comparable maturities plus
fifty (50) basis points; provided, however, that for purposes of any rate covenant
measuring actual debt service coverage during a test period, Variable Rate Bonds which are not subject to a Qualified Agreement shall be deemed to bear
interest at the actual rate per annum applicable during the test period.
"Reserve Requirement" shall be such amount as determined by subsequent Resolution of the Issuer relating to a specific Series of Bonds adopted prior to the issuance of such Bonds, which may not exceed the lesser of
(i) the Maximum Bond Service Requirement, (ii) 125% of the average annual Bond Service Requirement or (iii) the largest amount as shall not adversely affect the exclusion of interest on the Bonds from gross income for Federal income tax
purposes. The Issuer shall determine by subsequent Resolution relating to a specific Series of Bonds adopted prior to the issuance of such Bonds whether
such Series of Bonds will be secured by the Reserve Account, and if such Series
of Bonds will be secured by a Reserve Account or a Reserve Subaccount, whether such Series of Bonds will be secured by a separate Series specific
Reserve Subaccount or on a parity with other Series of Bonds in the Reserve
Account or a Reserve Subaccount, and if secured with other Series of Bonds on a parity basis, which Series of Bonds will be so secured.
C. Subject to the receipt of the Required Consents, Section 16B of the 1984 Ordinance, as amended, modified and restated in Section 17D of the 2001 Ordinance shall be amended to
read as follows (deletions are indicated by a strikethrough and additions are indicated by
underlining):
D. DISPOSITION OF REVENUES. All funds at any time remaining on
deposit in the Revenue Fund shall be disposed of on or before the twentieth day of each month, commencing in the month immediately following the delivery of
the 2001 Bonds, for so long as any Bonds remain Outstanding, only in the fol-lowing manner and in the following order of priority:
(1) Funds shall first be used for deposit into the Operation and Maintenance Fund, which was established by the Original Ordinance, of such
sums as are necessary for the Cost of Operation and Maintenance, for the next
ensuing month.
(2) A sum as shall be determined by supplemental resolution of the Issuer
shall be deposited into the Construction Fund and used for the purpose of paying Project Costs.
(3) From the moneys remaining in the Revenue Fund, the Issuer shall next deposit into the Sinking Fund created by the Original Ordinance, such sums
as will be sufficient to pay (a) one-sixth (1/6) of all interest becoming due on the
Bonds on the next semi-annual interest payment date; (b) commencing in the first month which is twelve (12) months or six (6) months prior to the first annual
or semi-annual maturity date, respectively, of any Serial Bonds, one-twelfth
(1/12) or one-sixth (1/6), respectively, of the amount of Serial Bonds which will become due and payable on the next annual or semiannual principal maturity
Ordinance No. 8620-14
5
date, respectively, and (c) one-twelfth (1/12) of the Amortization Installment required to be made on the next annual payment date or one-sixth (1/6) of the
Amortization Installment required to be made on the next semi-annual payment
date into a "Bond Amortization Account", created and established in the Sinking Fund by the Original Ordinance. Such payments shall be credited to a separate
special account for each series of Term Bonds outstanding, and if there shall be more than one stated maturity for Term Bonds of a series, then into a separate special account in the Sinking Fund for each such separate maturity of Term
Bonds. The funds and investments in each such separate account shall be pledged solely to the payment of principal of the Term Bonds of the series or maturity within a series for which it is established and shall not be available for
payment, purchase or redemption of Term Bonds of any other series or within a series, or for transfer to the Sinking Fund to make up any deficiencies in required payments therein. The Amortization Installments may be due either annually or
semiannually, but in any event, the required payments as set forth above shall be made monthly commencing in the first month which is six (6) months or twelve
(12) months, as the case may be, prior to the date on which the Amortization
Installment is required to be made pursuant to (c) above.
Upon the sale of any series of Term Bonds, the Issuer shall by resolution,
establish the amounts and maturities of such Amortization Installments for each series, and if there shall be more than one maturity of Term Bonds within a
series, the Amortization Installments for the Term Bonds of each maturity. In the
event the moneys deposited for retirement of a maturity of Term Bonds are required to be invested, in the manner provided below, the Amortization
Installments may be stated in terms of either the principal amount of the invest-
ments to be purchased on, or the cumulative amounts of the principal amount of investments required to have been purchased by, the payment date of such
Amortization Installment.
Moneys on deposit in each of the separate special accounts in the Bond
Amortization Account shall be used for the open market purchase or the redemption of Term Bonds of the series or maturity of Term Bonds within a series for which such separate special account is established or may remain in
said separate special account and be invested until the stated date of maturity of the Term Bonds. The resolution establishing the Amortization Installments for
any series or maturity of Term Bonds may limit the use of moneys to any one or
more of the uses set forth in the preceding sentence and may specify the type or types of investments permitted hereunder to be purchased.
(4) Moneys remaining in the Revenue Fund shall next be applied by the Issuer to maintain a either the Reserve Account or a separate Reserve
Subaccount, which Reserve Account was created and established by the Original
Ordinance and which each Reserve Subaccount is created by subsequent Resolution relating to a specific Series of Bonds adopted prior to the issuance of
such Bonds, in a sum equal to the Reserve Requirement for each applicable
Series of Bonds, all or a portion of which sum may be initially provided from the proceeds of the sale of the respective Series of Bonds and/or other moneys of
the Issuer. The Issuer shall thereafter deposit into said Reserve Account or
Reserve Subaccount, as applicable, an amount equal to one-twelfth (1/12) of twenty per cent (20%) of the difference between the amount, if any, so deposited
Ordinance No. 8620-14
6
upon the delivery of the Bonds and the amount of the Reserve Requirement on all outstanding for the applicable Series of Bonds. No further payments shall be
required to be made into such Reserve Account or Reserve Subaccount, as
applicable, when there has been deposited therein and as long as there shall remain on deposit therein a sum equal to the Maximum Bond Service Reserve
Requirement on all applicable Series of outstanding Bonds becoming due in any ensuing Fiscal Year.
Any withdrawals from the Reserve Account or a Reserve Subaccount shall be subsequently restored from the first moneys available in the Revenue Fund after all required current payments into the Sinking Fund and into the
Reserve Account and each Reserve Subaccount, as applicable, including all deficiencies for prior payments into the Sinking Fund, have been made in full.
Moneys in the Reserve Account or a Reserve Subaccount, as applicable, shall be used only for the purpose of the payment of maturing principal (including
Amortization Installments) of or interest on the Series of Bonds secured by such
Reserve Account or Reserve Subaccount, as applicable, when the moneys in the Sinking Fund and allocated to such Series of Bonds are insufficient therefor, and
for no other purpose. Upon the issuance by the Issuer of any Additional Bonds
under the terms, limitations and conditions provided in this Ordinance and the Original Ordinance, the payments into the Reserve Account or Reserve
Subaccount, as applicable, shall be increased so that the amount on deposit
therein shall be equal to the Maximum Bond Service Requirement on all Bonds outstanding and to be outstanding Reserve Requirement established for such
Series of Additional Bonds in accordance with the subsequent Resolution
authorizing such Series of Additional Bonds.
Whenever the amount on deposit in the Reserve Account or any Reserve
Subaccount exceeds the Reserve Requirement on all Bonds then outstanding applicable to such Reserve Account or Reserve Subaccount, the excess may be
withdrawn and deposited into the Sinking Fund to pay debt service on the respective Series of Bonds.
The Issuer shall not be required to make any further payments into the Sinking Fund or into the Reserve Account or any Reserve Subaccount when the
aggregate amount of moneys in the Sinking Fund and the Reserve Account are
or any Reserve Subaccount, as applicable, is at least equal to the aggregate principal amount of Bonds then outstanding and secured by the Sinking Fund
and the respective Reserve Account or Reserve Subaccount, plus the amount of
interest then due or thereafter to become due on the respective Series of Bonds then outstanding.
Notwithstanding the foregoing provisions, in lieu of the required deposits of Revenues into the Reserve Account, the Issuer may cause to be deposited
into the Reserve Account or a Reserve Subaccount a surety bond or an
insurance policy issued by a reputable and recognized insurer for the benefit of the Bondholders of the Series of Bonds to be secured by such Reserve Account
or Reserve Subaccount, in an amount equal to the difference between the
Maximum Bond Service Reserve Requirement for such Series of Bonds and the sums then on deposit in the applicable Reserve Account or Reserve Subaccount,
Ordinance No. 8620-14
7
if any, which surety bond or insurance policy shall be payable (upon the giving of notice as required thereunder) on any interest payment date on which a
deficiency exists which cannot be cured by funds in any other account held pur-
suant to this Ordinance and the Original Ordinance and available for such purpose. The insurer providing such surety bond or insurance policy shall be an
insurer whose municipal bond insurance policies insuring the payment, when due, of the principal of and interest on municipal bond issues results in such issues being rated in one of the three highest rating category categories by
Standard & Poor's Corporation or Moody's Investors Service, Inc., or their successors. If a disbursement is made from a surety bond or an insurance policy provided pursuant to this paragraph, the Issuer shall be obligated to either rein-
state the maximum limits of such surety bond or insurance policy immediately following such disbursement or to deposit into the Reserve Account or Reserve Subaccount, as applicable, as herein provided in this paragraph for restoration of
withdrawals from the Reserve Account or a Reserve Subaccount, as applicable, funds in the amount of the disbursement made under such policy, or a
combination of such alternatives.
(5) The Issuer shall next apply and deposit the moneys in the Revenue
Fund into the Renewal and Replacement Fund created by the Original
Ordinance. The Issuer shall deposit into such Renewal and Replacement Fund an amount equal to one-twelfth (1/12) of five per centum (5%) of the Gross
Revenues of the System for the previous Fiscal Year, or such other amount as is
certified as necessary for the purposes of the Renewal and Replacement Fund by the Consulting Engineer and as approved by the City Commission. The
moneys in said Renewal and Replacement Fund shall be used only for the
purpose of paying the cost of extensions, enlargements or additions to or the replacement of capital assets of the System and emergency repairs thereto.
Such moneys on deposit in such Fund shall also be used to supplement the
Reserve Account if necessary in order to prevent a default in the payment of the principal of and interest on the Bonds.
(6) To the extent junior lien bonds are issued and outstanding (which subordinated bonds the Issuer reserves the right to issue), the Issuer shall next
apply moneys in the Revenue Fund to the payment of principal of, redemption premium, if any, and interest on such subordinated debt of the Issuer.
(7) The balance of any moneys remaining in the Revenue Fund after the above required payments have been made may either be deposited into either
the Renewal and Replacement Fund or the Sinking Fund, or may be used for the
purchase or redemption of Bonds, or may be used by the Issuer for any lawful purpose of the Issuer.
D. Subject to the receipt of the Required Consents, Section 16C of the 1984 Ordinance, as amended, modified and restated in Section 17E of the 2001 Ordinance shall be amended to
read as follows (deletions are indicated by a strikethrough and additions are indicated by
underlining):
E. INVESTMENT OF FUNDS. The Operation and Maintenance Fund,
the Sinking Fund, the Reserve Account (and any Reserve Subaccounts therein), the Renewal and Replacement Fund, the Revenue Fund, the Construction Fund,
Ordinance No. 8620-14
8
and any other special funds herein and in the Original Ordinance established and created shall constitute trust funds for the purposes provided herein for such
funds. All such funds shall be continuously secured in the same manner as state
and municipal deposits are required to be secured by the laws of the State of Florida. Moneys on deposit in any of such funds and accounts may be invested
and reinvested in Authorized Investments. Investments made with moneys in the Construction Fund, the Revenue
Fund, the Operation and Maintenance Fund, and the Sinking Fund (except the Bond Amortization Account therein), must mature not later than the date that such moneys will be needed. Investments made with moneys in the accounts in
the Bond Amortization Account, in the Reserve Account (and any Reserve Subaccounts therein) and in the Renewal and Replacement Fund must mature, in the case of the accounts in the Bond Amortization Account not later than the
stated date of maturity of each respective Amortization Installment of the Term Bonds to be retired from the sub-accounts in the Bond Amortization Account from
which the investment is made, in the case of the Reserve Account (and any
Reserve Subaccounts therein) not later than the final maturity of any the applicable Series of Bonds then outstanding, and in the case of the Renewal and
Replacement Fund, not later than such date as shall be determined by the
Issuer. Any and all income received by the Issuer from all such investments shall be deposited into the Revenue Fund, except however, that investment income
earned in the Bond Amortization Account may be retained therein or deposited
into the Sinking Fund and used to pay maturing principal of and interest on the Bonds, at the option of the Issuer.
The cash required to be accounted for in each of the foregoing funds and accounts established herein may be deposited in a single bank account, and
funds allocated to the various accounts established herein may be invested in a
common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the cash on deposit
therein and such investments for the various purposes of such funds and accounts as herein provided.
The designation and establishment of the various funds in and by this Ordinance shall not be construed to require the establishment of any completely
independent, self-balancing funds as such term is commonly defined and used in
governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues and assets of the System for certain purposes
and to establish certain priorities for application of such revenues and assets as
herein provided.
SECTION 5. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the
covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of
the other provisions hereof or of the Bonds issued hereunder.
Ordinance No. 8620-14
9
SECTION 6. REPEALING CLAUSE. All ordinances or resolutions or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of such conflict,
hereby superseded and repealed.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its
passage. SECTION 8. PUBLIC NOTICE. Notice of the proposed enactment of this Ordinance
has been properly advertised in a newspaper of general circulation in accordance with Chapter 166.041, Florida Statutes.
PASSED ON FIRST READING ________________________ PASSED ON SECOND READING
AND FINAL READING AND ADOPTED ________________________
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-612
Agenda Date: 11/3/2014 Status: Reported to CouncilVersion: 1
File Type: AppointmentIn Control: Official Records & Legislative Services
Agenda Number: 11.2
SUBJECT/RECOMMENDATION:
Appoint two members to the Marine Advisory Board, one to fill the remainder of an unexpired
term through March 31, 2015 and one to fill the remainder of an unexpired term through
March 31, 2017.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Marine Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Paul J. Kelley
MEETING DATES: 2nd Wed., 8 am (Quarterly)
PLACE: Chambers
APPTS. NEEDED: 3
THE FOLLOWING ADVISORY BOARD MEMBERS HAVE RESIGNED/WILL BE RESIGNING
AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE:
1. Tom Calhoun - 2421 Old Coach Trail, 33765 - Realtor
Original Appointment: 3/1/07
Resigned 9/5/14 - (was serving 2nd term to expire 3/31/15)
2. Eric D. Spaulding - 1116 Sedeeva St., 33755 - Fisherman/Business Mgt.
Original Appointment: 3/19/09
No longer lives within city limits and unable to serve as a board member
(was serving 2nd term to expire 3/31/17)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCIES:
1. Nino Accetta - 2724 Via Murano Unit 626, 33764 - Banking
2. Michael C. Grohman - 286 Bayside Drive, 33767 - Retired
Page 1 City of Clearwater Printed on 11/4/2014
File Number: ID#14-612
Zip codes of current members on board: 3 at 33761, 2 at 33767
Page 2 City of Clearwater Printed on 11/4/2014
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BO
must be Clearwater resident)
Name: Nino Accetta
Home Address: Office Address:
OFFICIAL RECORDS AND
2724 via murano unit 626 N/A I FGISI ATIVE SRVCS DEPT
Clearwater FL Zip 33764 Zip
Telephone: Telephone:
Cell Phone: 646 - 643 -4973 E -mail Address:Nacc1098@gmail.com
BeEIVED
SEP 2 5 2014
How long a resident of Clearwater? 5yrs
Occupation: Banking Employer: Citibank
Field of Education: Other Work Experience:
Aeronautical Engineering Self Employed
If retired, former occupation:
Community Activities: Volunteer Board member of Clearwater Housing Authority, Vice Chairman of
CayClubs Community Development District, Volunteer for Pinellas Homeless Point In Time Count
and Survery, Volunteer coach for my sons soccer and basketball teams.
Other Interests: Boating, fishing, Autocross racing, Hunting
Board Service (current and past):
Clearwater Housing Authority
CayClubs Community Development District
Board Preference:
Marine advisory board
Additional Comments: My life experiences and passion for boating will allow me to hit the ground
running enabling me to be an asset to the board. My family and I have fallen in love with Clearwater
and are setting a foundation through my young growing children with the intention of remaining in
Clearwater long term. Therefore, I would like to help preserve my Cities charm and strive to keep
Clearwater beautiful and,the great family oriented place it currently is to live. Anyway I can. It would
be an honor to s•rvv
Signature: Ni o Date: 9/24/2014
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748,
Clearwater, FL 33758 -4748, or drop off your application at City Hail, 2nd Floor, 112 S. Osceola Avenue.
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the following:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits
Declaration of Domicile filed with the city clerk affirming residency within city limits
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities? _I believe this boards
responsibility is to assist the City council and the director of the Marine and Aviation Department by
making recommendations regarding City Marinas and Waterways.
2. Have you ever observed a board meeting either in person or on C -View, the City's TV station?
3. What background and /or qualifications do you have that you feel would qualify you to serve on
this Board?
My life experiences and passion for boating will allow me to hit the ground running enabling me to be
an asset to the board from day one.
4. Why do you want to serve on this Board?
My family and 1 have fallen in love with Clearwater and are setting a foundation through my young
growing children with the intention of remaining in Clearwater long term. Therefore, I would like to
help preserve my Cities charm and strive to keep Clearwater beautiful and the great family oriented
place it currently is to live. Anyway I Can
Name: Nino Accetta
Board Name:_ Marine advisory board
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
must be Clearwater resident)
Name: Michael C. Grohman
Home Address: Office Address:
286 Bayside Drive
Clearwater, FL Zip 33767 Zip
Telephone: 727 -449 -8877 Telephone:
Cell Phone: 813 -335 -4874 E -mail Address: mike@grohman.net
How long a resident of Clearwater? 17 Years
COccupation: Retired Employer: RECEIVED
Field of Education: Other Work Experience:
BSEE, MSE — Univ. of Notre Dame, Univ of PA. SEP 2 3 2014
MBA — Wharton School, Univ. of PA OFFICIAL RECORDS AND
LEGISLATIVE SRVCS DEPTIfretired, former occupation: Executive (VP) IBM Corporation.
Community Activities: Clearwater Citizens Academy; Occasional ad hoc focus groups
Volunteer (Dive Team), Clearwater Marine Aquarium, 5+ Years; annual reef clean -up for
reefmonitorinq.org.
Other Interests:
Board Service (current and past): Board Preference:
Marine Advisory Board
Additional Comments:
Signature: 4J1.. e C. / Date: Sept. 23, 2014
See attached list for boards that require financial disclosure at time of appointment. Please return this
application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748,
Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue.
Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of
one of the following:
Current voter registration within city limits
Valid current Florida Drivers' License issued to an address within city limits
Declaration of Domicile filed with the city clerk affirming residency within city limits
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Review, advise, and make recommendations on various issues relating to Clearwater waterfront and
waterways.
2. Have you ever observed a board meeting either in person or on C -View, the City's TV station?
Yes — City Council meetings on C -View.
3. What background and /or qualifications do you have that you feel would qualify you to serve on
this Board?
I have boated in these waters for over 30 years, 17 as a resident of Clearwater Beach, as both a
sailor, and for the past 10 years or so, as a power boater. 1 have a strong interest in marine
environment, boating safety, and marine animals. As a volunteer at CMA (member of the Dive
Team), I am committed to seeing our marine environment maintained for the enjoyment of future
generations.
4. Why do you want to serve on this Board?
Clearwater's waterfront and waterways are the finest on the west coast of Florida. I believe I have
the judgment and experience to help insure they remain in that status and look forward to helping in
any way I can.
Name: Michael C. Grohman
Board Name: Marine Advisory Board
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-677
Agenda Date: 11/6/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Council
Agenda Number: 11.3
SUBJECT/RECOMMENDATION:
Downtown Subcommittee Meetings
SUMMARY:
N/A
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 11/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-666
Agenda Date: 11/6/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Council
Agenda Number: 13.1
SUBJECT/RECOMMENDATION:
Approve a 3% base salary merit increase for the City Manager and City Attorney to be
effective with the pay period beginning November 15, 2014.
SUMMARY:
The City Council reviewed the City Manager and City Attorney salary data provided by
comparative agencies. The City Council directed that the City Manager and City Attorney be
granted a 3% merit increase to be effective November 15, 2014.
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Funding for this merit pay increase will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of $5401.83 for the City Manager and
$4986.30 for the City Attorney.
Page 1 City of Clearwater Printed on 11/4/2014