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12/17/2015
Thursday, December 17, 2015 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda December 17, 2015City 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 Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Service Awards - December 4.2 End of Session Report - The Honorable Larry Ahern, Florida House of Representatives 4.3 TriRock - Patrick McGee, Race Director, TriRock Clearwater 4.4 Annual Utilities “We Care Fund” Presentation - Alessandra Scorcioni, Customer Service 5. Approval of Minutes 5.1 Approve the minutes of the December 3, 2015 City Council Meeting Minutes 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 12/17/2015 December 17, 2015City 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 Grant consent to Ruth Eckerd Hall, Inc (REH) for the purpose of obtaining financing from Bank of America for two loans in the amount of $5,860,000 and $450,000 respectively and authorize the appropriately officials to execute same. (consent) 7.2 Approve work orders to Engineers of Record Tetra Tech, Inc. of Tampa, FL in the amount of $2,797,900 for engineering services, and Leggette, Brashears and Graham (LBG), Inc. of Tampa, FL in the amount of $227,158 for hydrogeologic services associated with the City of Clearwater Groundwater Replenishment Project Phase 3 (15-0010-UT); approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) (District ID N665), which provides reimbursement of project costs up to $14,340,000; and authorize the appropriate officials to execute same. (consent) 7.3 Approve the conveyance of a Distribution Easement to Duke Energy for the maintenance of electrical facilities at City-owned property containing Sid Lickton Field and Reverse Osmosis Treatment Plant Number One; and authorize the appropriate officials to execute same. (consent) 7.4 Amend the Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Clearwater to allow funds to be utilized by the Clearwater Main Library for pre-venture, startup and small business programs and services and authorize the appropriate officials to execute same. (consent) 7.5 Appoint Pamela Gene Benton to the Sister Cities Advisory Board as the School Board’s World Language Coordinator or designee representative with term to expire December 31, 2019. (consent) 7.6 Disband the Charter Review Committee. (consent) Public Hearings - Not before 6:00 PM Page 3 City of Clearwater Printed on 12/17/2015 December 17, 2015City Council Meeting Agenda 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 Approve the City of Clearwater’s Fiscal Year 2014-2015 Consolidated Annual Performance and Evaluation Report (CAPER). 8.2 Approve the request from the owner of property addressed at 1827 Winwood Drive to vacate a portion of a platted drainage easement; and pass Ordinance 8820-16 on first reading (VAC2015-09). 8.3 Approve a Future Land Use Map Amendment from the Residential Urban (RU) category to the Residential/Office General (R/OG) category for property located at 2727 Daniel Street; and pass Ordinance 8786-16 on first reading. (LUP2015-08002) 8.4 Approve the annexation of an unaddressed parcel located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road, together with the abutting west half of the McMullen Booth Road right-of-way; and Pass Ordinance 8789-16 on first reading. (ANX2015-09024) 8.5 Approve the annexation of 2425 McMullen Booth Road, together with the abutting west half of the McMullen Booth Road right-of-way; and pass Ordinance 8790-16 on first reading. (ANX2015-09025) 8.6 Approve a Future Land Use Map Amendment from the Residential Low (RL) category to the Institutional (I) category for 2425 McMullen Booth Road and an unaddressed parcel on McMullen Booth Road; and pass Ordinance 8791-16 on first reading. (LUP2015-09003) 8.7 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1237 Union Street; and pass Ordinances 8793-16, 8794-16 and 8795-16 on first reading. (ANX2015-10026) Page 4 City of Clearwater Printed on 12/17/2015 December 17, 2015City Council Meeting Agenda 8.8 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 1460 and 1467 Grove Circle Court; and pass Ordinances 8796-16, 8797-16 and 8798-16 on first reading. (ANX2015-10027) 8.9 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 1764 El Trinidad Drive East; and pass Ordinances 8799-16, 8800-16 and 8801-16 on first reading. (ANX2015-10028) 8.10 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 2139 and 2143 Bell Cheer Drive and 2140 Burnice Drive; and pass Ordinances 8802-16, 8803-16 and 8804-16 on first reading. (ANX2015-10029) 8.11 Approve the Termination of the Second Amended and Restated Development Agreement between 25 Countryside West, LLC, (property owner) and the City of Clearwater, as well the associated Termination and Release of Declaration of Restrictive Covenants, adopt Resolution 15-24, and authorize the appropriate officials to execute same. 8.12 Approve amendments to the Clearwater Community Development Code regarding the establishment of funeral homes as a use; medical clinics in various districts; retail plazas in the Commercial District; microbreweries in the Downtown District; resort attached dwellings and non-residential off-street parking in the Tourist District; eliminating inconsistencies and errors in the Institutional District; modifying the requirements for outdoor cafés; clarifying the responsibility of the Development Review Committee; providing for and modifying various definitions; and pass Ordinance 8810-16 on first reading. (TA2015-08005) 9. Quasi-Judicial Public Hearings 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits (15 minutes). 3. Staff presents further evidence (10 minutes). 4. Public comment. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. Page 5 City of Clearwater Printed on 12/17/2015 December 17, 2015City Council Meeting Agenda 9.1 Approve a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Office (O) District for property located at 2727 Daniel Street; and pass Ordinance 8787-16 on first reading. (REZ2015-08001) 9.2 Approve a Zoning Atlas Amendment from the Tourist (T) District to the Commercial (C) District for property located at 26508 US Highway 19 North, and pass Ordinance 8788-16 on first reading. (REZ2015-09003) 9.3 Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential District (Pinellas County) to the Institutional (I) District (City) for 2425 McMullen Booth Road and an unaddressed parcel on McMullen Booth Road; and pass Ordinance 8792-16 on first reading. (REZ2015-09002) 10. City Manager Reports 10.1 Approve a contract (purchase order) to Wannemacher Jensen Architects, Inc. (WJA), St. Petersburg, FL in the amount of $315,596 for additional architectural services required to design and construct the Morningside Recreation Center, 2400 Harn Blvd. and authorize the appropriate officials to execute same. 10.2 Review request submitted by Ruth Eckerd Hall, Inc. for the suspension of Reserve Fund payments required by the Capitol Theatre Operating Agreement until 2020 and provide direction. 11. City Attorney Reports 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 6 City of Clearwater Printed on 12/17/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1924 Agenda Date: 12/17/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Service Awards - December SUMMARY: 5 Years of Service Matthew Anderson Planning and Development Services Claire Sherman Library Ashlee Wilkinson Police Edward Bryant Solid Waste 10 Years of Service Travis Mouzon Solid Waste 20 Years of Service Steven Cook Parks and Recreation Lynne Priester Utility Customer Service 30 Years of Service Veronica Hunt Police Gerald Wells Public Utilities Glenn Daniel Public Utilities Susan Stieben Police John Llauget Parks and Recreation Page 1 City of Clearwater Printed on 12/17/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1965 Agenda Date: 12/17/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: End of Session Report - The Honorable Larry Ahern, Florida House of Representatives SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/17/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1990 Agenda Date: 12/17/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: TriRock - Patrick McGee, Race Director, TriRock Clearwater SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/17/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1981 Agenda Date: 12/17/2015 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.4 SUBJECT/RECOMMENDATION: Annual Utilities “We Care Fund” Presentation - Alessandra Scorcioni, Customer Service SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 12/17/2015 Community partnership program Assists needy families and individuals in the community struggling with their utility bills. ( Founded in December 1991 Benefits city of Clearwater utilities customers Salvation Army City of Clearwater utilities customers Can only be considered once per year Maximum assistance is $100 per customer yearly We Care Fund assists ~200 people in need every year providing utility assistance valued close to $20,000. Veteran avoided service disconnection thanks to the We Care Fund while in training for a new job. One of the highest expressions of giving back to the community. Helps the most vulnerable populations. Won the confidence of many residents. Enclosed with the December utility bill. Pledge forms and information are available at our office: 100 S. Myrtle Ave. Clearwater or by calling 562-4600 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1964 Agenda Date: 12/17/2015 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the December 3, 2015 City Council Meeting Minutes 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 12/17/2015 City Council Meeting Minutes December 3, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, December 3, 2015 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 Roll Call Present: 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Vice Mayor Jay E. Polglaze Also Present: William B. Horne II – City Manager, Jill Silverboard – Assistant City Manager, Rod Irwin – Assistant City Manager, Pamela K. Akin - City Attorney, and 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 pm at City Hall. 2. Invocation – Rev. Eric Eichinger from bethel Lutheran Church 3. Pledge of Allegiance – Councilmember Bill Jonson 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 National Believe Day Proclamation, December 11, 2015 - Cheyanne Shuman, Largo High School ExCEL Magnet Program 4.2 Pinellas Trail 25th Anniversary Proclamation, December 5, 2015 - Scott Daniels, President Pinellas Trail, Inc. 4.3 Festival of Trees Presentation - Madison Orr Hauenstein, Executive Director, The Arc Ms. Hauenstein reviewed program accomplishment for 2015 and thanked Council and staff for their continued support and efforts. 4.4 Turkey Trot Presentation - Skip Rogers, West Florida Runners Club Race Producer Mr. Rogers reviewed event details, thanked the City for its continued Page 2 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 partnership, and provided Councilmembers with a commemorative mug. 4.5 Volunteer Check Presentation - Natalie Lamb, Volunteer Coordinator Ms. Lamb presented the City with a symbolic check for $972,523.00, which is the dollar the value of volunteer work provided to the City, which exceeded 42,000 hours. 4.6 Annual Tourism Presentation Imagine Global President Gabriele Sappok presented a PowerPoint presentation reviewing Imagine’s 2015 tourism marketing and public relations activities for Clearwater. In response to questions, Ms. Sappok said the City’s App was shut down because it was costly to keep current. The firm is considering potential applications that can be designed with several interactive requirements and are less costly. Economic Development and Housing Director Geri Campos Lopez said staff looked at how the App was being used and determined it was not working for Clearwater users; most individuals use mobile devices to access destination related sites when traveling. There is a need for a website that is responsive to mobile devices, which allows content to be updated once; the App requires several updates. Ms. Sappok said the mobile website received more of a response than the App. Public Communications Director Joelle Castelli said individuals had difficulty finding the City App. Ms. Campos said individuals need a reason to use an App; the City’s App only provides information. Most individuals use Yelp or other Apps to locate restaurants. The City Manager said staff determined the City App was not feasible to continue but if there is a desire to continue the City App, staff will need to invest more resources. If Visit St. Petersburg Clearwater is developing an App, staff would prefer to see how that App is working. In response to a concern, Ms. Sappok said despite recent staffing changes, the City’s team remains intact and understand Clearwater’s needs. 5. Approval of Minutes Page 3 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 5.1 Approve the minutes of the November 18, 2015 City Council Meeting Minutes as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the November 18, 2015 City Council Meeting Minutes 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 Karena Morrison said Mothers of Minors (MOM) recently toured Kimberly Home and donated over 70 cans of infant formula and encouraged all to visit MOM’s website to view Christmas Wish List items for local children. 7. Consent Agenda – Approved as submitted. 7.1 Authorize a not to exceed amount of $600,000 to pay Gallagher Bassett Services, Inc. for workers’ compensation claims due and payable for the period of December 2015 through December 2018, and authorize the appropriate officials to execute same. (consent) 7.2 Approve legal services agreements between Banker, Lopez, Gassler P.A. and the City of Clearwater, and Pallo, Marks, Hernandez, Gechigian and DeMay, P.A. and the City of Clearwater for legal services relating to workers’ compensation claims; authorize payments to said firms in an amount not to exceed $750,000 for the period of January 1, 2016 through December 31, 2020; and authorize the appropriate officials to execute same. (consent) 7.3 Declare list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at auction; declare miscellaneous furniture and fixtures surplus to the needs of the City for disposition via a citywide surplus sale; and authorize the appropriate officials to execute same. (consent) 7.4 Approve a proposal by Construction Manager at Risk Certus Builders of Tampa, Florida, in the amount of $124,908.02 for the renovation and construction of Phase I restroom expansion at Barefoot Beach House located on south beach at 332 S. Gulfview Boulevard and authorize the appropriate officials to execute same. (consent) 7.5 Approve a purchase order (contract) for the construction of scoreboards and decorative signs at Carpenter Complex and Jack Russell Stadium to Omega Sign Service Corporation of Odessa Florida in the amount of $163,225 (Invitation to Bid 01-16) and authorize the appropriate officials to execute same. (consent) 7.6 Approve renewal of the agreement with Religious Community Services, Inc. (RCS) for Page 4 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 provision of contractual victim advocacy services in an amount not to exceed $15,000 for the period commencing January 1, 2016 through December 31, 2016 and authorize the appropriate officials to execute same. (consent) 7.7 Award a construction contract to Steve’s Excavating and Paving, Inc. of Clearwater, Florida, in the amount of $2,825,423.59 for construction of Druid Road/Allen’s Creek Stormwater Improvements Project (11-0044-EN), which is the lowest responsible bid received in accordance with plans and specifications; approve a Cooperative Funding agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater in the amount of $88,000 and authorize the appropriate officials to execute same. (consent) 7.8 Approve an Amendment of Cooperative Funding Agreement with Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Resident Initiated Reclaimed Water 2014 project (13-0052-UT) and authorize the appropriate officials to execute same. (consent) 7.9 Approve the conveyance of a Distribution Easement to Duke Energy for the installation and maintenance of electrical facilities at the Clearwater Beach Marina Building located at 45 Causeway Boulevard and authorize the appropriate officials to execute same. (consent) 7.10 Approve the Contract for Sale of Real Property by the City of Clearwater (Contract) with First Baptist Church of Clearwater, Inc. for the sale of city-owned property formerly used as a portion of Cherry Lane, a city right-of-way; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 7.11 Approve establishing a new Capital Improvement Project entitled Solid Waste CNG Station for $150,000 to analyze the feasibility of adding an alternative site for fueling compressed natural gas vehicles at Solid Waste, and authorize the appropriate officials to execute same. (consent). 7.12 Award a contract (purchase order) to JAM 5:20 Inc. of Largo, Florida, in the amount of $112,215 for the installation of new flooring, wall tile, partitions, counter tops and interior painting within the Clearwater Beach Recreation Center (CBRC), per Bid 02-16, and authorize the appropriate officials to execute same. (consent) 7.13 Award a contract (purchase order) to Garland/DBS, Inc., in the amount of $149,875.00 for the roof restoration on the Municipal Services Building Roof, per proposal 25-FL-150609, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts; and authorize the appropriate officials to execute same. (consent) Councilmember Hock-DiPolito moved to approve the Consent Page 5 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2015/16 through 2019/20. On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to the Penny for Pinellas project funding of $500,000 or more. Changes to Penny for Pinellas projects that meet this criteria: Police Range Improvements - This project provides for the Range Improvements that are currently needed to address the wear and tear that has occurred over the years at the shooting range. The project will provide a state of the art baffling and bullet containment system. The baffling system provides ballistic protection that addresses the most critical safety concerns of ensuring projectiles are restricted from inadvertently leaving the firing range, as well as providing sound mitigation properties. The bullet containment system is designed to capture all bullets fired and allows for the removal and disposal of collected lead and other debris without causing environmental damage and while remaining in compliance without violating city, county, state and federal regulations. This project is currently funded with $1,700,000 of Penny for Pinellas funds. Final budget proposal for this plan necessitates an increase of $700,000 to bring the total Penny for Pinellas funding to $2,400,000 for this project for capital construction. Vice Mayor Polglaze moved to approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2015/16 through 2019/20. The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing Page 6 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 9.1 Adopt Ordinance 8777-15 on second reading, annexing certain real property whose post office address is a portion of 2990 Gulf to Bay Boulevard, together with certain right-of-way of Bayview Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8777-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8777-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.2 Adopt Ordinance 8778-15 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is a portion of 2990 Gulf to Bay Boulevard, upon annexation into the City of Clearwater, as Commercial General (CG). Ordinance 8778-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8778-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.3 Adopt Ordinance 8779-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is a portion of 2990 Gulf to Bay Boulevard, upon annexation into the City of Clearwater, as Commercial (C). Ordinance 8779-15 was presented and read by title only. Councilmember Hock-DiPolito moved to adopt Ordinance 8779-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.4 Adopt Ordinance 8780-15 on second reading, annexing certain real property whose post office address is 1478 Grove Circle Court, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Page 7 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 Ordinance 8780-15 was presented and read by title only. Vice Mayor Polglaze moved to adopt Ordinance 8780-15 on second and final reading.The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.5 Adopt Ordinance 8781-15 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1478 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8781-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8781-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.6 Adopt Ordinance 8782-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1478 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8782-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8782-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.7 Adopt Ordinance 8783-15 on second reading, annexing certain real properties whose post office addresses are 2100, 2106, 2148, and 2149 Bell Cheer Drive and 2112 Burnice Drive, all in Clearwater, Florida 33764, together with certain righ-of-way of Bell Cheer Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8783-15 was presented and read by title only. Councilmember Hock-DiPolito moved to adopt Ordinance 8783-15 on second and final reading. The motion was duly seconded and Page 8 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.8 Adopt Ordinance 8784-15 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real properties whose post office addresses are 2100, 2106, 2148, and 2149 Bell Cheer Drive and 2112 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8784-15 was presented and read by title only. Vice Mayor Polglaze moved to adopt Ordinance 8784-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.9 Adopt Ordinance 8785-15 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2100, 2106, 2148, and 2149 Bell Cheer Drive and 2112 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8785-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8785-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.10 Adopt Ordinance 8807-15 on second reading, submitting to the city electors proposed amendments to the City Charter, amending Section 7.02, General Provisions, to require the council to appoint a Charter Review Advisory Committee every six years. In response to a question, the City Attorney said any changes to Ordinances 8807-15, 8808-15, and 8809-15 that require a change in their respective title would require a third reading. Because of the advertisement requirements, a special council meeting must be called between December 21 and December 31 in order to meet the Supervisor of Elections' December 31, 2015 deadline. Page 9 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 It was stated that the ordinances must be advertised within ten days of the public hearing in a newspaper of general circulation. Ordinance 8807-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8807-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.11 Adopt Ordinance 8808-15 on second reading, submitting to the city electors proposed amendments to the City Charter amending Sections 2.01(d)(5)(ii), (vi), and (vii), which provide for limitations on council powers relating to city-owned real property. Ordinance 8808-15 was presented and read by title only. Councilmember Hock-DiPolito moved to adopt Ordinance 8808-15 on second final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 9.12 Adopt Ordinance 8809-15 on second reading, submitting to the city electors proposed amendments to the City Charter amending section 2.01(d)(6) to allow a bandshell and associated facilities including removable seating; to allow certain changes to the downtown boat slips; submitting to the city electors a proposed amendment to the City Charter amending Section 2.01(d)(7), to allow compatible commercial uses and other compatible public uses of portions of the main library. Three individuals spoke in opposition to the opposed proposed language affecting the use of the Clearwater Main Library. A concern was expressed that a conceptual example of a compatible commercial use has not been proposed and that more community discussion is needed. Councilmember Jonson moved to delete the library question from the ordinance. Motion failed for lack of a second. In response to questions, the City Attorney said the current charter does not allow leasing any portion of the library. The question referencing the Page 10 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 library is separate and distinct from the other referendum questions contained within this ordinance; if the question fails, that provision of the ordinance fails. Deleting "other compatible commercial uses" would still allow a restaurant and café; because they are specifically identified in the ordinance. The City Attorney said the term "commercial" broadens the potential uses; Council will determine the uses allowed. Deleting commercial will narrow the uses that could be considered to be in the building and leased for. If the question referencing the library fails, the charter restriction against leasing any portion of the library would remain. Discussion ensued with support expressed that the proposed ordinance provides the City an additional tool in the toolbox to enhance the library experience for today's demographics and users. Ordinance 8809-15 was presented and read by title only. Vice Mayor Polglaze moved to adopt Ordinance 8809-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Vice Mayor Polglaze 11. City Manager Reports 11.1 Approve an Architect of Record Work Order to Harvard Jolly, of St. Petersburg, FL, in the amount of $133,580 for the Police Department Shooting Range, authorize the appropriate officials to execute same, and a first quarter amendment to increase Capital Improvement project 315-91150, Range Improvements, in the amount of $700,000 from Sales Tax Infrastructure revenue. In March of 2013, the Police Department received an estimate for the cost of construction for a covered, state of the art, shooting range. The estimated cost was 1.7 million dollars. The Range Improvement project was established in the Fiscal Year 2014/15 Capital Improvement Budget with funding from Sales Tax Infrastructure Revenue (Penny for Pinellas) in the amount of $1,700,000. This project will provide for shooting range improvements that are currently needed to address the wear and tear that has occurred over the years that the current shooting range has been in service. There has been significant deterioration in the shooting range that may create liability issues if they are not addressed. The project will provide for a state of the art baffling and bullet containment system. The baffling system provides ballistic protection that Page 11 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 addresses the most critical safety concerns of ensuring that projectiles do not inadvertently leave the confines of the shooting range while providing sound/noise mitigation properties. The bullet containment system is designed to capture all bullets fired, and allows for the removal and disposal of all projectiles and associated debris without causing environmental damage, while remaining in compliance with city, county, state, and federal regulations. In 2015, the City hired Harvard Jolly Architecture and J. Kokolakis Contracting to provide cost analysis for the project. Based on the cost analysis, the Police Department determined that a 75 yard covered shooting range best fits the needs of the Police Department, City, and the community. The design provides for a state of the art shooting range, which will provide: • Projectile containment and collection • Significant reduction of the chance of a projectile leaving the shooting range • Reduced liability • Noise mitigation • Improved environmental conditions • Reduced maintenance In October 2015, a final Design Build Proposal was submitted by J. Kokolakis Contracting Inc. The total projected cost for this project is $2,382,819. APPROPRIATION CODE AND AMOUNT: 0315-91150-561300-521-000-0000 $133,580 Funds are available in CIP project 0315-91150, Range Improvements to fund the work order in the amount of $133,580. First quarter budget amendments will transfer $700,000 of Sales Tax Infrastructure revenue (Penny for Pinellas) from the Special Development Fund to capital improvement project 0315-91150, Range Improvements, for total project funding in the amount of $2,400,000. In response to a question, Police Chief Daniel Slaughter said when the project was added to the Penny List as a placeholder, the construction cost for a shooting range was an unknown until all of the parameters for the range had been defined. Councilmember Hock-DiPolito moved to approve an Architect of Record Work Order to Harvard Jolly, of St. Petersburg, FL, in the amount of $133,580 for the Police Department Shooting Range, authorize the appropriate officials to execute same, and a first Page 12 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 quarter amendment to increase Capital Improvement project 315-91150, Range Improvements, in the amount of $700,000 from Sales Tax Infrastructure revenue. The motion was duly seconded and carried unanimously. The City Manager announced the retirement of Assistant City Manager Rod Irwin, effective December 17, 2015. Mr. Irwin has served over 40 years in public management. He thanked Mr. Irwin for his service to the Clearwater community. 12. City Attorney Reports The City Manager said for the past several months staff has been providing Council with US 19 progress summaries. As it the project comes to a close, Senior Professional Engineer Himanshu Patni and Signal Systems Supervisor Corey Martens have played an integral role to ensure items are addressed. Police Chief Daniel Slaughter reminded all that the speed limit on US 19 is 55 mph; the Department will be aggressively enforcing the speed limit. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Jonson said he attended a steering committee meeting regarding the Clearwater Business Spark organization and is impressed with the progress being made with the group and the expanded library services. Visit St.Petersburg Clearwater CEO David Downy commented at a recent Chamber breakfast that the personal experience is the single most important factor in the success of a tourist destination. Councilmember Hamilton said he appreciated tonight’s tourism report presentation and Clearwater will continue to be the biggest funding source to the Tourist Development Council with the number of accommodation rooms and the quality of our destination. He hopes the City continues to receive the proper recognition and acknowledgment going forward from that organization. Vice Mayor Polglaze wished his wife a Happy Birthday. He said there was a good discussion on the amendment involving the library and with the large initiatives coming before the Council in the future it is important to remain united and unanimous. Councilmember Hock-DiPolito recognized Pinellas Trail, Inc. President Scott Daniels and staff for their work and dedication to the Trail. She invited all to Page 13 City of Clearwater Draft City Council Meeting Minutes December 3, 2015 John Taylor Park on December 5, 2015 at 10:00 a.m. to celebrate 25 years of the Pinellas Trail. 14. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 15. Adjourn The meeting adjourned at 8:11 p.m. Mayor City of Clearwater Attest City Clerk Page 14 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1979 Agenda Date: 12/17/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Grant consent to Ruth Eckerd Hall, Inc (REH) for the purpose of obtaining financing from Bank of America for two loans in the amount of $5,860,000 and $450,000 respectively and authorize the appropriately officials to execute same. (consent) SUMMARY: The City entered into a lease agreement with Ruth Eckerd Hall, (formally known as PACT, Inc.) on March 7, 2001 for the operation and maintenance of an Arts facility. The lease grants REH the right to mortgage or otherwise pledge its interest in its leasehold estate and any improvements thereon provided the leasehold mortgage complies with stipulations outlined in Section 16 of the lease. The submitted Promissory Notes and Leasehold Mortgage documents comply with the provision of Section 16. The lease further stipulates that consent by the City of Clearwater shall not be reasonably withheld. Based on submission and the lease agreement, staff recommends that consent be granted. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/17/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1550 Agenda Date: 12/17/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve work orders to Engineers of Record Tetra Tech, Inc. of Tampa, FL in the amount of $2,797,900 for engineering services, and Leggette, Brashears and Graham (LBG), Inc. of Tampa, FL in the amount of $227,158 for hydrogeologic services associated with the City of Clearwater Groundwater Replenishment Project Phase 3 (15-0010-UT); approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) (District ID N665), which provides reimbursement of project costs up to $14,340,000; and authorize the appropriate officials to execute same. (consent) SUMMARY: This agenda item provides for engineering and hydrogeologic services associated with Groundwater Replenishment Project Phase 3 (15-0010-UT). The feasibility study (Phase 1) of this project was completed in March of 2011, and the pilot test or Phase 2 of the project was completed in September 2014. Phase 3 will proceed with design, permitting, and construction of a full scale water purification plant with associated recharge wells and injection wells. The goal of this project is to utilize reclaimed water or effluent from the Northeast Water Reclamation Facility to replenish the groundwater aquifer. The water would be highly treated through a water purification plant with multiple safety barriers to remove all contaminants before introduction to the groundwater aquifer. The benefits would be two-fold: the City would reduce its discharge of effluent to Tampa Bay; and the groundwater levels in the Floridan Aquifer would be enhanced. The scope of the Tetra Tech work order will focus on design and permitting of the full scale purification plant consisting of pretreatment, membrane, advanced oxidation, oxygen removal, and purified water stabilization. LBG will be responsible for design and permitting of the recharge wells system and a test injection well. Construction contracts will be brought forward to Council once the City has received bids for different construction efforts. At 30% design completion, the project will have a third party review as required in the pending Cooperative Funding Agreement with SWFMWD to confirm the derived design criteria and engineering estimate of construction. The schedule is multi-year with anticipated start of January 2016 and total project completion by December 31, 2018. Tetra Tech and LBG are both Engineers-of-record for the City of Clearwater, and these work orders were negotiated in accordance with the Consultants Competitive Negotiations Act. The Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of up to 50% of the cost of design, permitting and construction costs of the full scale water purification plant and test injection wells up to a maximum of $14,340,000. There is no cost associated with accepting the Cooperative Funding Agreement. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 12/17/2015 File Number: ID#15-1550 0315-96773-561300-533 $2,797,900 0315-96773-561300-533 $ 227,158 A first quarter amendment will increase budget only by $1,554,000 of SWFWMD grant funding in Capital Improvement Program (CIP) project 0315-96773, Groundwater Replenishment Facility. Sufficient funding is available in CIP project 0315-96773, Groundwater Replenishment Facility, in the amount of $3,025,058 to fund current work orders. As new funding becomes available by the District the City will provide the match. Page 2 City of Clearwater Printed on 12/17/2015 WO Initiation Form.docx 1 of 25 06/04/2015 Tetra Tech, Inc. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date:June 4, 2015 Project Number:___________ City Project Number:15-0010-UT Plan Set Number:___________ 1.PROJECT TITLE: Groundwater Replenishment Phase 3: Water Purification Plant – Design, Permitting, Bidding Assistance, and Public Outreach and Education. 2.SCOPE OF SERVICES: The City of Clearwater (City) is embarking on the design, permitting, bidding, and public outreach and education phases of the Groundwater Replenishment Water Purification Plant and associated aquifer recharge system. Phase 3 of the Groundwater Replenishment Project is a culmination of activities that began in 2009 with the production of the Preliminary Feasibility Study followed by a full Feasibility Study in 2011. Recent field activities included the 12 month operation of a pilot water purification treatment system from June 2013 to June 2014 at the City’s Northeast Water Reclamation Facility (NEWRF). The pilot system treated reclaimed water to a finished water quality that met or surpassed drinking water standards. Tetra Tech will provide preliminary and final designs, permitting, bidding, and public outreach services for the development of the City’s Groundwater Replenishment Water Purification Plant and related facilities.The facilities associated with this project include the following: Water Purification Plant (WPP) Pipelines from the WPP to aquifer recharge wells and concentrate disposal well Aboveground equipment for the aquifer recharge wells Aboveground equipment for the concentrate deep injection well WO Initiation Form.docx 2 of 25 06/04/2015 The WPP will be located on City property and adjacent to the City’s NEWRF. The WPP will include the following primary treatment processes: membrane filtration with ultrafiltration (UF), reverse osmosis (RO), advanced oxidation process (AOP) using hydrogen peroxide (H2O2) and ultraviolet (UV) light, dissolved oxygen (DO) removal with membrane contactors, and purified water stabilization. The WPP’s target annual average design capacity is 2.4 million gallons per day (MGD), produced from approximately 3.0 MGD of influent reclaimed water and the advanced membrane water treatment processes operating at a recovery rate of 80 percent or higher. Demineralization concentrate of approximately 600,000 gallons per day (GPD) generated by the RO process will be disposed of via a deep injection well proposed to be located on site. Details regarding the proposed processes are provided below. 1. Water Purification Treatment – the water purification process is a three barrier process consisting of UF, RO, and AOP: a. Membrane Filtration with Ultrafiltration (UF) – The first step of the WPP treatment process is filtration of the reclaimed water utilizing UF. The UF process will target an approximate 94 percent recovery as demonstrated in the pilot testing phase. b. Reverse Osmosis (RO) – The second step of the WPP treatment process is treatment of the filtered water utilizing RO. The RO process will target an approximate 80-85 percent recovery as demonstrated in the pilot testing phase. c. Advanced Oxidation Process (AOP) – The third step of the WPP treatment process is advanced oxidation of the water to treat the low molecular weight compounds in the water. Hydrogen peroxide is dosed upstream of the UV light reactor so that hydroxyl radicals can be generated which will break apart the low molecular weight compounds. 2.Post-Treatment Water Conditioning: a. The purified water will be conditioned for compatibility with the native groundwater. Water conditioning will consist of: i. Membrane Contactor (MC) system for dissolved oxygen (DO) removal. ii. Carbon dioxide addition for water stabilization. iii. Calcium hydroxide (lime slurry) addition for stabilization. iv. Sodium bisulfide addition for quenching of chloramine and hydrogen peroxide residual. A conceptual site plan for the WPP was developed in the 2011 Feasibility Study and is attached. This plan shows the WPP located on City property to the north of the NEWRF. Utilizing this conceptual site plan and adding areas for administrative offices, meeting rooms, restrooms, and the plant’s control room and electrical room results in a process building of approximately 15,000 square feet (sf). The UF and RO equipment will be housed in an enclosed, ventilated process area as part of the process building. WO Initiation Form.docx 3 of 25 06/04/2015 The AOP and MC equipment will be housed outside and under cover, in an approximate 2,000 sf area. The WPP site will include a dedicated access road extending north from the existing North- South NEWRF access road, and paved areas for access to the site facilities and parking. Four (4) aquifer recharge wells, one (1) concentrate deep injection well, and monitoring wells are proposed for this project. Three (3) of the recharge wells will be located on City property, on or near the NEWRF site, and one (1) of the recharge wells will be located on City property at the City’s Chi Chi Rodriguez Golf Course (see attachment). The concentrate deep injection well will be located on City property to the north of the NEWRF. Equipment at the aquifer recharge wells and concentrate deep injection well will be located on concrete pads. Approximately 7,000 linear feet (LF) of 6-inch, 8-inch, and 12-inch diameter piping from the WPP to the aquifer recharge wells and approximately 1,000 LF of 8-inch diameter piping from the WPP to the concentrate deep injection well are proposed for this project. The following tasks will be completed as part of the preliminary and final designs and permitting, bidding, and public outreach of the aforementioned facilities: Preliminary Engineering Services related to facility planning and preparation of a Preliminary Design Report (30% design document) for use in third party review and confirmation of project costs by others. Develop the contract documents (bidding and contract documents, engineering drawings and technical specifications) for the procurement and construction of the WPP, pipelines, and aboveground equipment for the recharge wells and concentrate disposal well. Prepare and submit permit applications for the construction of these facilities. Provide bidding assistance. Provide public outreach and education services. In order to provide logical, orderly completion of this assignment, the project is presented in phases. Tasks to be completed in each phase are described herein. 1.0 PRELIMINARY DESIGN Preliminary Design (30%) The purpose of the preliminary design phase is to work with the City, the Southwest Florida Water Management District (SWFWMD), the City’s hydrogeological consultant, and the City’s public outreach consultant to develop the basis of design for the WPP and associated facilities, complete topographic surveys and geotechnical investigations, conduct site planning, and update the opinion of cost for the facilities. A Preliminary Design Report including 30% design phase plans and an index of technical specifications will be prepared under this task. Subtasks to be completed in this phase are as follows: WO Initiation Form.docx 4 of 25 06/04/2015 A. Facilitate a project kick-off meeting with Tetra Tech’s staff, the City, the SWFWMD, the City’s hydrogeological consultant, and the City’s public outreach consultant. Prepare and distribute meeting minutes to all attendees. B. Treatment Facility Site Planning: Conduct planning meetings and engineering evaluations for the site planning of the proposed WPP facilities. This scope of services is based upon location of the WPP on City property to the north of the City’s existing Northeast Water Reclamation Facility (NEWRF). 1. Preliminary Civil Evaluations: Conduct preliminary civil site development evaluations including review of existing access roads, stormwater systems, utility infrastructure, site conditions, permits, and other features that may be constraints to the civil site development for the proposed facilities. 2. Site Planning Workshop: Hold a site planning workshop with the City and project team to discuss site constraints and the potential location and orientation of the proposed facilities. 3. Stormwater Permit Evaluation: Evaluate the existing stormwater permit conditions and requirements and prepare preliminary estimates of impervious area to determine impacts of the proposed development. 4. Code Review: Review code requirements for the proposed facilities including IBC, NFPA, and local codes and identify the local authorities having jurisdiction for the project. 5. Electrical Power Coordination: Review existing electrical power utility feeds at the proposed site for sufficiency to the proposed facilities and determine potential routes for additional utility power easements that may be necessary. 6. Process Utility Tie-In Coordination: Review locations of process tie-in locations with the existing NEWRF and determine impacts and space requirements of interconnecting piping in relation to the existing facilities, including potential utility conflicts to be resolved. Establish a preliminary list of utility locates and soft dig locations to be investigated. 7. Conceptual Site Plan: Develop a conceptual site plan showing proposed treatment facilities, buildings, access roads and gates, perimeter fences, stormwater infrastructure, incoming utility power and communications and other facilities contemplated by the City and the project team. The conceptual site plan will also consider potential options for locations of the concentrate deep injection well location and the aquifer recharge injection wells as identified by the City’s hydrogeological consultant. The conceptual site plans will be based on input from the City and the project team with respect to security, operations, and accessibility and visibility for public tours. 8. Site Plan Technical Memo: Prepare a draft technical memo summarizing the findings of the treatment facility site planning task for review and comment by the City and the project team. The finalized tech memo will be included in the preliminary design report. Using the conceptual site selected by the City and the project team, develop site plan for facilities required by this project, yard piping plan, and preliminary mechanical plans showing the proposed facilities. WO Initiation Form.docx 5 of 25 06/04/2015 C. Wellfield and Pipeline Planning a. Coordination with Hydrogeological Consultant. b. Coordination of Well Access and Required Setbacks. c. Evaluation of Well locations. d. Evaluation of Pipeline Alignment Options: Determine the routing of the recharge water pipeline to the four (4) aquifer recharge wells, routing of the concentrate discharge pipeline to the concentrate disposal well, and pipelines routing on the NEWRF site. e. Development of Conceptual Well Site Plans: Provide the conceptual design of the aboveground appurtenances at the recharge wells and the concentrate injection well. f.Facilitation of Conceptual Design Review Meeting. g. Development of Well Sites and Pipelines Technical Memo. D. Building Programming: Based on previous evaluations performed in the feasibility study, the anticipated building size is expected to be approximately 12,000 S.F. however the addition of operation spaces to the facility may increase the overall building footprint by another 3,000-4,000 S.F. a. Building Programming Meetings: Organize two (2) building programming meetings to identify operational and functional requirements for the proposed WPP main process building. b. Determine building requirements necessary to achieve LEED BD+C (building design + construction rating system) certification (e.g. certified, silver, gold, or platinum levels). The City has indicated a desired LEED status level of silver for the WPP. c. Complete programming of the WPP, including the development of conceptual operations and the process building. E. Surveying and Ecological Investigations a. Surveying: Perform topographic surveys of the WPP site (approximately 2 acres) and the WPP entrance road, and route surveys of the recharge water pipeline (approximately 7,000 LF), the concentrate discharge pipeline (approximately 1,000 LF), the reclaimed water pipeline from the NEWRF to the WPP (approximately 2,000 LF), and a pipeline to the NEWRF headworks (approximately 1,500 LF). The survey work will be completed in accordance with “Minimum Technical Standards” as defined in Florida Statutes. Horizontal and vertical control will be established based on Pinellas County datum NAD83. b. Conduct a preliminary ecological constraints review of the WPP site and pipeline routes to determine the presence of state and/or federally listed (protected) species and their associated habitats. c. Tree Survey: Perform a tree survey for areas affected by the development of the proposed WPP facilities and pipelines. WO Initiation Form.docx 6 of 25 06/04/2015 F. Subsurface Geotechnical Investigation: Perform a soils investigation for the necessary soils data and other pertinent information required for final design of structural and stormwater management elements. Soil boring logs and classifications, existing groundwater levels and estimated seasonal high levels, pipe trench and backfill requirements, and structures foundation requirements will be submitted in report format. A program of twelve (12) Standards Penetration Test (SPT) borings will be conducted at the WPP site. Six (6) SPT borings, each advanced to approximately 30 feet below existing grade are proposed in the process building area, one (1) SPT boring advanced to approximately 50 feet below existing grade in the purified water storage tank area, and five (5) SPT borings advanced to approximately 20 feet below existing grade within the areas of the remaining structures are proposed. The borings will be conducted in accordance with ASTM D-1586. The field investigation for the pipelines includes a program of 22 SPT borings along the proposed pipeline alignments. It is planned that 20 shallow SPT borings (to approximately 10 feet) will be performed along the pipeline routes and two (2) borings to approximately 30 feet will be performed at the pipeline crossing of McMullen-Booth Road. G. Preliminary Design Report a. Incorporate the tested processes and findings from the water purification treatment system 12 month pilot study, and the results from the City’s hydrogeological consultant’s work into the preliminary design of the proposed treatment facilities. b. Review 12 months of reclaimed water quality data. c. Prepare a preliminary opinion of cost for the construction of the groundwater replenishment system including the WPP, recharge water pipeline, concentrate disposal pipeline, recharge wells, and concentrate disposal well. d. Prepare a Preliminary Design Report (PDR) that presents the basis of design for the recommended facilities and the size and configuration of the facilities. The report will be prepared in accordance with the requirements established in Chapter 62-555 Florida Administrative Code (F.A.C.). The PDR will include the 30% Design Plans and an Index of Technical Specifications, and include the following elements: i. Subsurface Geotechnical Investigation Report; ii. Preliminary site layout showing property boundary, general arrangement of facilities on the site and proposed plant access point from existing road; iii. Preliminary process flow schematic; iv. Preliminary process and instrumentation diagrams (P&IDs) for each treatment process step and each chemical feed system; v. Plant power distribution diagram, including standby power sources and transfer switching; WO Initiation Form.docx 7 of 25 06/04/2015 vi. Preliminary motor list with voltages estimates of power loads; vii. Preliminary process mass balances; viii. Process description including plant loadings, design criteria and anticipated recharge water quality; ix. Basic design data for each treatment unit in the plant, including basic dimensions, areas, volumes, and hydraulic loadings; x. Process control strategy; xi. General arrangement plan of major buildings and treatment facilities; xii. Preliminary architectural elevations and proposed building materials for major buildings; xiii. Building and tankage design criteria including foundation type(s) and allowable soil bearing pressures, wind loadings, floor and roof dead and live loads, allowable stresses for structural steel, concrete and reinforcing steel; xiv. Index of technical specifications with outline type listing by specification section the manufacturer/supplier(s) of equipment and materials used as reference in specification; xv. Listing of proposed pre-purchase of equipment or materials; xvi. Identify all related projects and points of interface and dependency. e. Attend a review meeting with the City, the SWFWMD, and the City’s hydrogeological consultant to discuss the PDR, modify the report as required, and develop concurrence regarding the proposed facilities prior to final design. Deliverables – Eight (8) copies and one (1) electronic pdf file copy will be provided of the following documents: Draft Site Plan Technical Memo (Final to be included in PDR); Draft Well Site and Pipeline Technical Memo (Final to be included in PDR); Draft and Final Facility Planning Technical Memorandum; Draft and Final Subsurface Geotechnical Investigation Report; Draft and Final Preliminary Design Report including 30% Design Plans and Index of Technical Specifications. Third Party Review of Preliminary Design Upon completion of the Preliminary Design Report by Tetra Tech, a third party will review the Preliminary (30%) Design documents. Implementation of comments and/or recommendations that result from the third party review process will be discussed with the City once any necessary actions have been determined by the SWFWMD. Should the results of the third party review process require a change to the project or have similar impact that will entail redesign efforts, Tetra Tech will provide a proposal for additional services as an addendum to this Work Order. WO Initiation Form.docx 8 of 25 06/04/2015 2.0 FINAL DESIGN Final Design Upon City/SWFWMD acceptance of the Preliminary Design Report and acceptance that the third party’s 30% design comments/recommendations have been sufficiently addressed, Tetra Tech will initiate final design of the Project. The final design will result in preparation of the bidding and contract documents, engineering drawings and technical specifications, which will be submitted to the City for review at 60-, 90- and 100-percent completion levels. The 60-percent submittal shall include engineering drawings in plan view and select sections and draft technical specifications. The 90-percent submittal shall include updated engineering drawings (all disciplines) plan views, sections, and details; bidding, contractual, and updated technical specifications; and opinion of probable construction costs. The 100-percent submittal shall include updated engineering drawings; updated bidding, contract and technical specifications and updated opinion of probable construction costs incorporating the City’s comments. The project drawings will be prepared utilizing Autodesk Civil 3D and Revit 2013 software to allow for the production of two dimensional drawings from a three dimensional model and bidding/specifications using MS WORD. To ensure proper design of the facilities, Tetra Tech will obtain approval from the City for any substantial changes in the preliminary design prior to incorporation in the final design. Tasks to be completed during this phase are summarized below: 1. Subsurface Utility Investigation: Perform subsurface utility investigations with ground penetrating radar (GPR) and ten (10) soft digs to determine locations of existing facilities at the pipeline crossing of McMullen-Booth Road, on the NEWRF property, on the Chi Chi Rodriguez golf course property, within roadway ROW, and on the property proposed for the WPP. 2. LEED Certification Process: Design the WPP to meet the targeted LEED certification level established during preliminary design and submit the LEED application for design credits. 3. Prepare construction drawings necessary to clearly depict the improvements identified during preliminary design. The construction drawings shall be compiled using the City’s Deliverables Standards, as referenced in Attachment “A”. A preliminary list of drawings is presented below: General Cover Sheet Index of Drawings (3 sheets) WO Initiation Form.docx 9 of 25 06/04/2015 Location Map and General Notes Legend and Abbreviations Process Flow Schematic Civil Existing Site Conditions, General Notes and Site Erosion Proposed Overall Site and Key Map Site Demolition Plan Construction Traffic Plan Temporary Construction Entrance Entrance Road Geometry Site Geometry Plan - North Site Geometry Plan - South Entrance Road Paving, Grading and Drainage (2 sheets) Site Paving, Grading and Drainage - North Site Paving, Grading and Drainage - South Civil Sections (3 sheets) Civil Details (5 sheets) Recharge Wells Recharge Water Pipeline - Plan & Profile (5 sheets at 1” = 40’ scale) Recharge Well - Well #1 Site Plan Recharge Well - Well #2 Site Plan Recharge Well - Well #3 Site Plan Recharge Well - Well #4 Site Plan Recharge Well - Civil Details (3 sheets) Concentrate Injection Well Injection Well Pipeline – Plan & Profile (1 sheet at 1” = 40’ scale) Injection Well Site Plan & Details Landscaping and Irrigation Landscaping and Irrigation General Notes and Schedules Existing Tree Plan Landscaping Plan - North Landscaping Plan - South Irrigation Plan - North Irrigation Plan - South Landscaping Details (4 sheets) Structural Process Building - General Notes and Schedules Post Treatment - Chemical Buildings Notes and Schedules Post Treatment - Electrical Building Notes and Schedules Post Treatment Structures General Notes and Schedules Process Building - Foundation Plan (2 sheets) WO Initiation Form.docx 10 of 25 06/04/2015 Process Building - Roof Framing Plan (2 sheets) Process Building - Trench Grating Plan Process Building – Sections (3 sheets) Process Building – Details (3 sheets) Post Treatment - Carbon Dioxide Bulk Storage Area Foundation Plan Post Treatment Carbon Dioxide Bulk Storage Area - Details Post Treatment Building - Foundation Plan and Schedules Post Treatment Building - Roof Framing Plan Post Treatment Building – Details (2 sheets) Post Treatment Building - Miscellaneous Details (2 Sheets) Post Treatment Equipment Slab - Plan Post Treatment Equipment Slab - Stairs and Access Walkway Post Treatment Equipment Slab - Sections Post Treatment -Miscellaneous Sections (2 sheets) Post Treatment -Miscellaneous Details (2 sheets) Architectural Legend and Abbreviations Process Building - Floor Plan (2 sheets) Process Building - Roof Plan Process Building - Ceiling Plan Process Building – Elevations (2 sheets) Process Building – Sections (2 sheets) Process Building - Laboratory Sections Process Building - Miscellaneous Wall Sections Process Building – Details (2 sheets) Process Building - Signage Details Process Building - Railing Details Process Building - Roofing Details Process Building - Door Schedules Process Building - Window / Louver Schedules Process Building - Finish Schedules (3 sheets) Post Treatment Building - Floor Plan Post Treatment Building - Roof Plan Post Treatment Building - Elevations Post Treatment Building - Sections Post Treatment Building - Schedules Post Treatment Building – Details Plumbing Plumbing Legend Sanitary System Risers Domestic Water Risers Process Building - Operations Area Plumbing Plan Process Building - UF Area Plumbing Plan Process Building - RO Area Plumbing Plan WO Initiation Form.docx 11 of 25 06/04/2015 Process Building - Riser Diagrams (2 sheets) Process Building – Details (2 sheets) AOP and MC Area -Plumbing Plan AOP and MC Area - Riser Diagrams Post Treatment Building - Plumbing Plan Post Treatment Building - Riser Diagrams Fire Protection General Notes and Schedules Process Building Plan Post Treatment Building Plan Schedules (2 sheets) Details (2 sheets) Process General Notes and Schedules Legend and Symbols Process Flow Diagram - Supply Water Pump System and Conveyance Process Flow Diagram - UF Treatment - Pretreatment Systems Process Flow Diagram - UF Treatment - Overall System & Feed Pumps Process Flow Diagram - UF Treatment - Typical UF Train Process Flow Diagram - UF Treatment - Backwash System Process Flow Diagram - UF Treatment - CIP System Process Flow Diagram - RO Treatment - EQ Tanks Process Flow Diagram - RO Treatment -Pretreatment Systems Process Flow Diagram - RO Treatment - Overall System & Feed Pumps Process Flow Diagram - RO Treatment - Typical RO Trains Process Flow Diagram - RO Treatment - CIP System Process Flow Diagram - AOP Treatment - Overall System Process Flow Diagram - AOP Treatment - Typical AOP Train Process Flow Diagram - MC Treatment - EQ Tanks Process Flow Diagram - MC Treatment - Overall System & Feed Pumps Process Flow Diagram - MC Treatment - Typical MC Train Process Flow Diagram - MC Treatment - Vacuum Pump System Process Flow Diagram - Post Treatment -Overall System Process Flow Diagram - Post Treatment -Contact Tanks Process Flow Diagram - Recharge Conveyance - Overall System Process Flow Diagram - Recharge Wells - Typical Wellhead Process Flow Diagram - Concentrate Conveyance - Overall System Process Flow Diagram - Concentrate Disposal Well & Monitoring Wells Process Flow Diagram - Backwash / Flush Water Recovery Process Flow Diagram - UF Pretreatment - Sodium Hypochlorite System Process Flow Diagram - UF Pretreatment - Ammonium Sulfate System Process Flow Diagram - UF CIP System - Citric Acid System Process Flow Diagram - UF CIP System - Sodium Hypochlorite System Process Flow Diagram - UF CIP System - Sodium Hydroxide System WO Initiation Form.docx 12 of 25 06/04/2015 Process Flow Diagram - UF CIP System - Sodium Bisulfite System Process Flow Diagram - RO Pretreatment - Antiscalant System Process Flow Diagram - RO Pretreatment - Sulfuric Acid System Process Flow Diagram - AOP Treatment - Hydrogen Peroxide System Process Flow Diagram - MC Treatment - Sodium Bisulfite System Process Flow Diagram - Post Treatment -Carbon Dioxide System Process Flow Diagram - Post Treatment -Calcium Hydroxide System Process Flow Diagram - Post Treatment - Sodium Hydroxide System Process Flow Diagram - Post Treatment - Sodium Bisulfide System Existing Site and Yard Piping Plan Proposed Major Yard Piping Plan - North Proposed Major Yard Piping Plan - South Proposed Minor Yard Piping Plan - North Proposed Minor Yard Piping Plan - South Plant Lift Station - Plan and Sections Yard Piping – Sections (3 sheets) Yard Piping – Details (3 sheets) Process Building - Overall Plan Process Building - Operations Area Plan Process Building - UF Pretreatment Area Plan Process Building - UF Pretreatment Chemical Systems Plan Process Building - UF Process Area Plan Process Building - Typical UF Train Plan Process Building - UF CIP System Plan Process Building - UF CIP Chemical Systems Plan Process Building - UF Backwash System Plan Process Building - EQ Tanks and CIP System Area Plan (2 sheets) Process Building - RO Pretreatment Area Plan Process Building - RO Pretreatment Chemical Systems Plan Process Building - RO Process Area Plan Process Building - Typical RO Train Plan Process Building - RO CIP System Plan Process Building - UF Bulk Chemical Storage Plan Process Building - RO Bulk Chemical Storage Plan Process Building - Typical UF Train Isometric Process Building - UF CIP System Isometric Process Building - UF Backwash System Isometric Process Building - Typical RO Train Isometric Process Building - RO CIP System Isometric Process Building - UF Chemical Sections Process Building - UF System Sections(2 sheets) Process Building - UF CIP Sections Process Building - UF Backwash Sections Process Building - EQ Tanks Sections Process Building - RO Chemical Sections Process Building - RO System Sections (2 sheets) WO Initiation Form.docx 13 of 25 06/04/2015 Process Building - RO CIP Sections Process Building – Details (3 sheets) AOP and MC Area - Overall Plan AOP and MC Area - AOP System Plan AOP and MC Area -Typical AOP Train Plan AOP and MC Area - EQ Tanks Plan AOP and MC Area -MC Booster Pump System AOP and MC Area -MC System Plan AOP and MC Area -Typical MC Train Plan AOP and MC Area -Typical AOP Train Isometrics AOP and MC Area - EQ Tanks Isometrics AOP and MC Area -Typical MC Train Isometrics AOP and MC Area -Typical AOP Train Sections AOP and MC Area - AOP System Sections AOP and MC Area - EQ Tanks Sections AOP and MC Area -MC Booster Pump System Sections AOP and MC Area - Typical MC Train Sections AOP and MC Area -MC System Sections AOP and MC Area – Details (2 sheets) Post Treatment Chemicals - Overall Plan Post Treatment Chemicals - Static Mixer Area Plan Post Treatment Chemicals - Carbon Dioxide System Plan Post Treatment Chemicals - Calcium Hydroxide System Plan Post Treatment Chemicals - Sodium Hydroxide System Plan Post Treatment Chemicals - Sodium Bisulfide System Plan Post Treatment Chemicals - Contact Tank Plan Post Treatment Chemicals – Sections (5 sheets) Post Treatment Chemicals - Contact Tank Sections Post Treatment Chemicals – Details (3 sheets) Recharge Well - Typical Plan Recharge Well - Sections Recharge Well - Details Injection Well - Typical Plan Injection Well - Sections Injection Well - Details Process Mechanical - General Details (6 sheets) Mechanical – HVAC HVAC Symbols and Abbreviations Process Building - Indoor Overall Plan Process Building - Outdoor Plan Process Building - Operations Area Plan Process Building - UF Process Area Plan Process Building - RO Process Area Plan Process Building – Sections (2 sheets) Process Building – Details (2 sheets) WO Initiation Form.docx 14 of 25 06/04/2015 Process Building - Schedules Post Treatment Building - Indoor Plan Post Treatment Building - Outdoor Plan Post Treatment Building - Sections Post Treatment Building - Details Post Treatment Building – Schedules Electrical Electrical Symbols and Abbreviations Overall Electrical Site Plan Electrical Site Plan 1 Electrical Site Plan 2 Process Building Overall Electrical and Control Plan with Key Process Building - Operations Area Electrical Plan Process Building - Operations Area Control Plan Process Building - Operations Area Lighting Plan Process Building - UF Chemicals Electrical and Control Plan Process Building - UF Area Electrical Plan Process Building - UF Area Control Plan Process Building - UF CIP System Electrical and Control Plan Process Building - UF Backwash System Electrical and Control Plan Process Building - RO Area Electrical Plan Process Building - RO Area Control Plan Process Building - RO CIP System Electrical and Control Plan Process Building - RO Chemicals Electrical and Control Plan Process Building - MCC Electrical Plan Process Building - MCC Control Plan Process Building - SCADA and Security Electrical and Control Plan Process Building - Restrooms Electrical, Control and Lighting Plan Process Building - UF and RO Area Lighting Plan Process Building - Exterior Lighting Plan Process Building - Roof Electrical and Lightning Plan AOP and MC Area – Electrical Plan AOP and MC Area – Control Plan AOP and MC Area – Lighting Plan Post Treatment Building - Electrical and Control Plan Post Treatment Building - Roof Lightning Protection Plan Modifications to NEWRF Facilities - Electrical and Control Plan Modifications to NEWRF Facilities - Electrical and Control Plan Recharge Well - Electrical, Control and Lighting Plan Injection Well - Electrical, Control and Lighting Plan Switchgear for Process Building - One Line Diagram Switchgear for Process Building - One Line Diagram MCC for Process Treatment Building - One Line Diagram Electrical Room Equipment Elevations MCC Post Treatment Electrical - One Line Diagram WO Initiation Form.docx 15 of 25 06/04/2015 Control Diagrams (4 sheets) Panel board Schedule 1 Panel board Schedule 2 Panel board Schedule 3 Lighting Schedule 1 Lighting Schedule 2 Interconnection Diagram - UF Chemicals Interconnection Diagram - UF System Interconnection Diagram - UF Typical Train Interconnection Diagram - UF CIP System Interconnection Diagram - UF Backwash System Interconnection Diagram - EQ Tanks Interconnection Diagram - RO Chemicals Interconnection Diagram - RO Pretreatment Process Interconnection Diagram - RO System Interconnection Diagram - RO Typical Train Interconnection Diagram - CIP System Interconnection Diagram - AOP System Interconnection Diagram - AOP Typical Train Interconnection Diagram - EQ Tanks Interconnection Diagram - MC Feed Pumps Interconnection Diagram - MC System Interconnection Diagram - MC Typical Train Interconnection Diagram - Hydrogen Peroxide System Interconnection Diagram - Carbon Dioxide System Interconnection Diagram - Calcium Hydroxide System Interconnection Diagram - Sodium Hydroxide System Interconnection Diagram - Process Building MCC/ Switchgear Interconnection Diagram - Post Treatment MCC Interconnection Diagram - Recharge Well Interconnection Diagram - Concentrate Injection Well Interconnection Diagram - Conveyance Systems Ductbank Sections (3 Sheets) Electrical Details (5 sheets) Instrumentation General Notes and Schedules Legend and Symbols P&ID - Supply Water Pump System and Conveyance P&ID - UF Treatment - Pretreatment Systems P&ID - UF Treatment - Overall System & Feed Pumps P&ID - UF Treatment - Typical UF Train P&ID - UF Treatment - Backwash System P&ID - UF Treatment - CIP System P&ID - RO Treatment - EQ Tanks P&ID - RO Treatment - Pretreatment Systems WO Initiation Form.docx 16 of 25 06/04/2015 P&ID - RO Treatment - Overall System & Feed Pumps P&ID - RO Treatment - Typical RO Trains P&ID - RO Treatment - CIP System P&ID - AOP Treatment - Overall System P&ID - AOP Treatment - Typical AOP Train P&ID - MC Treatment - EQ Tanks P&ID - MC Treatment - Overall System & Feed Pumps P&ID - MC Treatment - Typical MC Train P&ID - MC Treatment - Vacuum Pump System P&ID - Post Treatment - Overall System P&ID - Post Treatment - Contact Tanks P&ID - Recharge Wells - Conveyance System P&ID - Recharge Wells - Typical Wellhead P&ID - Concentrate Disposal - Conveyance System P&ID - Concentrate Disposal - Wellhead and Monitoring Wells P&ID - Residuals - Backwash & Flush Water Return P&ID - UF Pretreatment - Sodium Hypochlorite System P&ID - UF Pretreatment - Ammonium Sulfate System P&ID - UF CIP System - Citric Acid System P&ID - UF CIP System - Sodium Hypochlorite System P&ID - UF CIP System - Sodium Hydroxide System P&ID - UF CIP System - Sodium Bisulfite System P&ID - RO Pretreatment - Antiscalant System P&ID - RO Pretreatment - Sulfuric Acid System P&ID - AOP Treatment - Hydrogen Peroxide System P&ID - MC Treatment - Sodium Bisulfite System P&ID - Post Treatment - Carbon Dioxide System P&ID - Post Treatment - Calcium Hydroxide System P&ID - Post Treatment - Sodium Hydroxide System P&ID - Post Treatment - Sodium Bisulfide System SCADA System Architecture (3 sheets) Panel Details (4 sheets) Instrument Details (4 sheets) 4. Prepare a comprehensive project manual that contains the City’s bidding and contract documents (Division 0 and 1) and technical specifications (Divisions 2 through 16) for competitive bidding. The project manual and its contents will be formatted in accordance with the Construction Specification Institute (CSI) and prepared using MS WORD. 5. Prepare and submit an opinion of probable construction costs with the 90- and 100-percent submittals based on vendor quotations and previous bid tabulations. 6. Prepare for and attend up to 15 project coordination meetings with the City, the SWFWMD, and the City’s hydrogeologic consultant during final design. Prepare and distribute meeting minutes to all attendees. WO Initiation Form.docx 17 of 25 06/04/2015 7. A review meeting will be held with the City following each submission. Tetra Tech will prepare comment tracking sheets at each completion level, document meeting minutes, and distribute such minutes to all attendees over the project duration. Deliverables – Eight (8) copies and one (1) PDF electronic copy will be provided for each submittal described below: 60-, 90-, and 100-percent submittals of the bidding and contract documents, engineering drawings and technical specifications. Project coordination meetings minutes. 60-, 90-, and 100-percent submittal review meeting minutes and comment/response tracking spreadsheet. Opinion of probable construction costs at the 90- and 100-percent completion levels. 3.0 PERMITTING Tetra Tech will prepare and submit permit applications and supporting documentation to the Florida Department of Environmental Protection (FDEP), Southwest Florida Water Management District (SWFWMD), the City’s Planning Department, and Pinellas County to obtain permits for construction and operation the proposed facilities. Tetra Tech will also respond to requests for additional information (RAIs) from permitting agencies to clarify the original applications. All permit application fees will be paid by the City. Permits related to this project and associated work are as follows: 1. Site Permitting (SWFWMD or FDEP) – Prepare for and attend one (1) pre-application meeting for the Environmental Resource Permit (ERP) for the WPP. Prepare and submit an application for a permit modification to the Environmental Resource Permit (ERP) for the WPP and respond to RAIs. It is anticipated that construction within wetlands and mitigation are not necessary. Site permitting also includes the permitting of the access drive to the WPP. 2. FDEP Permitting of WPP –The WPP and associated recharge water pipelines will be permitted in accordance with the requirements established in Chapter 62-555 F.A.C. Tetra Tech will prepare for and attend up to four (4) pre-application meetings with the FDEP for the WPP and recharge water pipelines permitting. Tetra Tech will prepare and submit the FDEP applications associated with the WPP and recharge water pipelines. Tetra Tech will provide material to support the City’s hydrogeologic consultant’s preparation and submittal of the underground injection control (UIC) concentrate injection well permit. 3. Pinellas County ROW Use – Prepare for and attend one (1) pre-application meeting for the Pinellas County Right of Way (ROW) Use permitting of the recharge water pipeline WO Initiation Form.docx 18 of 25 06/04/2015 crossing of McMullen-Booth Road. Prepare and submit the ROW Use Application to the County. 4. City of Clearwater ROW Use – Prepare for and attend one (1) pre-application meeting for the City of Clearwater ROW Use permitting for the recharge water pipelines in City ROW. Prepare and submit the ROW Use Application to the City. 5. City of Clearwater Building Permit Application – Prepare for and attend one (1) meeting with the City’s Building Department to review the project and assist in obtaining pre- approval for Contractor pickup. The City’s hydrogeological consultant will be responsible for the permitting related to the aquifer recharge wells and concentrate disposal well. Tetra Tech will support that permitting effort by attending up to four (4) permitting meetings and by providing documentation related to the aboveground equipment at the aquifer recharge wells and concentrate disposal well. Deliverables – Eight copies (8) and one (1) electronic pdf file copy to be provided of the following documents: Draft and Final Permit Applications Meeting minutes of pre-application and coordination meetings 4.0 BIDDING ASSISTANCE Upon authorization to proceed with the bidding phase of the project, Tetra Tech will complete the following tasks: 1.Assist the City with developing the project’s Prequalification requirements for potential bidders and evaluating potential bidders’ responses to the qualification requirements to develop the list of prequalified bidders. 2.Provide one (1) signed and sealed copy of the Contract Documents (engineering drawings and specifications) in PDF format for distribution to potential bidders by the City's Purchasing Department. 3.Attend the pre-bid meeting with the City. 4.Respond to questions as required to interpret, clarify or expand the bidding documents. The City Purchasing Department will prepare and distribute all addenda. 5.Review and evaluate the apparent low bidder’s qualifications for undertaking the work and make recommendations of contract award. WO Initiation Form.docx 19 of 25 06/04/2015 6.Prepare and provide one (1) conformed set of the Contract Documents (engineering drawings in AutoCAD and PDF format and specifications in MS Word and PDF format) to the City. 5.0 PUBLIC OUTREACH AND EDUCATION The City will continue to perform public outreach and communications activities in accordance with the strategies identified in the “Public Outreach Summary Report (February 2014)”. Tetra Tech will assist the City with public outreach activities. Additionally, a Technical Advisory Committee (TAC) will be convened to provide oversight of the project. The scope of services associated with public outreach and the TAC during the design and permitting phases of this project are as follows: Public Outreach Conduct two (2) public perception surveys of the City’s citizens to measure the effectiveness of education and outreach efforts that have occurred. The survey results will be included in the Public Outreach Summary Report. Measure the effectiveness of the established website, tracking the number of unique webpage views monthly to measure the number of stakeholders using the site. Plan a media day with local media to discuss the project. Prepare an annual update to the February 2014 Groundwater Replenishment Project, Public Outreach Summary Report, including results from the above listed activities to be provided each year through the first year of water treatment plant operation. For this design and permitting phase, one (1) annual report update will be produced in 2016. Conduct quarterly public outreach status meetings and provide quarterly reports including the minutes from the quarterly public outreach status meetings and an updated work task schedule and timeline. Six (6) quarterly status meetings (via teleconference) and six (6) quarterly reports are anticipated during design and permitting based on this schedule: o 2015 – 2 meetings and reports o 2016 – 4 meetings and reports The quarterly reports will contain a written review of outreach accomplishments, number of participants reached, number of site visits and pageviews to the project WO Initiation Form.docx 20 of 25 06/04/2015 website, survey results, material samples, photos and any other relevant information related to the project. The reports are due the last day of each quarter, December 31; March 31; June 30, and September 30, via email to the Southwest Florida Water Management District. The quarterly reports shall be included in the updated Public Outreach Summary Report and shall include a summation of all interim reports, final project overall outreach/impact numbers, program evaluation and evaluation results with recommendations for improvement. Attend (via teleconference) the project’s monthly status meetings. Prepare a stakeholder database/mailing list of property/business owners, elected/appointed officials, media, and other interested parties. Prepare Community Awareness Plan (CAP) that outlines the outreach activities to be implemented during the project. Prepare for and conduct up to five (5) informational meetings with community or City representatives. Prepare for, conduct, and summarize three (3) public meetings with stakeholders and Council members. Conduct ½-day workshop with the City and the SWFWMD to discuss potential public education elements to be included in the water purification treatment facility to promote the findings of the project along with other industry best practice messaging for water resources and conservation. Estimated costs associated with potential public education elements will be developed. The workshop discussion and the follow up costing evaluation will be summarized in a technical memorandum. Participate in two (2) Technical Advisory Committee (TAC) meetings during the design, permitting and bidding phase of this project. Technical Advisory Committee (TAC) Form the Technical Advisory Committee (TAC), which will review the project’s drawings and specifications at 30% and 90% design and provide objective technical oversight during design and permitting. The TAC will be comprised of the following members: o Technical expert in designing and permitting reclaimed water purification systems to potable water standards WO Initiation Form.docx 21 of 25 06/04/2015 o Technical expert in designing and permitting Florida groundwater injection systems into USDW (underground source of drinking water) aquifers o Expert in public outreach design and administration o At least one citizen representative Deliverables – Eight (8) copies and one (1) PDF electronic copy will be provided for each submittal described below: Draft and Final Annual Public Outreach Summary Report Draft and Final TAC Summary Document 3.PROJECT GOALS: The following work products will be delivered to the City and the SWFWMD as part of this project: Draft and Final Facility Planning Technical Memorandum Draft and Final Preliminary Design Report 60%, 90%, and 100% Design Plans and Specifications Draft and Final Permit Applications Eight (8) hard copies and electronic pdf file copies of these documents will be provided as follows: Five (5) hard copies and one (1) pdf copy to the City Three (3) hard copies and one (1) pdf copy to the SWFWMD The project drawings will be produced utilizing Revit 2013 to allow for the production of three dimensional (3D) drawings. At the completion of the project, the record drawings will be submitted in AutoCAD Release 2011 format. 4.BUDGET: This price includes all labor and expenses anticipated to be incurred by Tetra Tech, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis for Task 5.2 only and Method “B” – Lump Sum – Percentage of Completion by Task, for a fee not to exceed two million, seven hundred ninety seven thousand, nine hundred dollars ($2,797,900.00). The City will be responsible for paying permit application fees. 5.SCHEDULE: The project is to be completed 15 months from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Preliminary Design (30% Design)180 calendar days WO Initiation Form.docx 22 of 25 06/04/2015 60% construction documents and permit applications 270 calendar days 90% construction documents 360 calendar days Final (100%) construction documents 450 calendar days 6.STAFF ASSIGNMENT (Consultant): Many team members will be involved in this project. Tetra Tech’s primary staff assignments for this project are as follows: Project Manager - Emilie Moore Engineer of Record - Jarrett Kinslow Quality Assurance/ Quality Control (QA/QC) – James Christopher, Jill Hudkins, Gary ReVoir, Jon Fox Technical Advisors – Steve Tedesco, Mark Wilf Project Engineers – Dave MacNevin, Jennifer Roque, James Warner, John Toomey The City’s primary staff assignments for this project are as follows: Project Manager – Robert Fahey Deputy Project Manager – Lan-Anh Nguyen Project Team – David Porter, Kathy McGrath, Fred Hemerick, Glenn Daniel 7.CORRESPONDENCE/REPORTING PROCEDURES: Engineer’s/Architect’s project correspondence shall be directed to Emilie Moore, PE. City project correspondence shall be directed to Lan-Anh Nguyen, PE with copies to others as appropriate. 8.INVOICING/FUNDING PROCEDURES: Invoices for work performed shall be submitted monthly to the City of Clearwater, Engineering Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization is provided by the City to proceed with those services. City Invoicing Code: 0315-96773-561300-533 9.INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period. D. Contract billing method – Lump Sum or Cost Times Multiplier. E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). WO Initiation Form.docx 23 of 25 06/04/2015 F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. The City is responsible for paying all application fees for permits, registrations, and certifications, including: LEED registration and certification fees Permit application fees for FDEP, SWFWMD, Pinellas County, and City permits The City is responsible for the expenses associated with advertising, production and delivery of materials associated with the public outreach campaign. PREPARED BY:APPROVED BY: __________________________________________________________ Mark Rynning, PE Michael D. Quillen, PE Executive Vice President City Engineer Tetra Tech, Inc.City of Clearwater ______________________________________ Date Date Attachment “A” WO Initiation Form.docx 24 of 25 06/04/2015 WORK ORDER INITIATION FORM CITY OF CLEARWATER DELIVERABLES STANDARDS FORMAT: The design plans shall be compiled utilizing one of the following standards: City of Clearwater CAD standards or Consultant’s CAD standards (please provide all supporting documents when utilizing Consultant’s Standards). DATUM: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES: A minimum of two (2) signed and sealed Plans and Contract Documents (specifications book) labeled “ISSUED FOR BID” shall be provided at the onset of the bid phase, as well as electronic copies. Electronic plan copies in PDF and CAD and electronic contract documents in PDF and MS Word. The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. The consultant shall also deliver all digital files in CAD drawing format and PDF format together with all project data in AutoCAD Civil 3D file format. All references, such as other drawings attached, images and graphic files, custom fonts and shapes shall be included in hard copy and electronic copy. Prior to the City Council award date, a minimum of two (2) copies of signed and sealed plans and contract documents (specifications book) labeled “CONFORMED” shall be provided. All revisions made during the bid phase shall be included in the plan sets and noted in the revision block or as a footnote. Copies of each Addendum shall be included at the front of the contract and all revisions made during the bid phase shall be incorporated into the Contract Documents. Electronic copies of “CONFORMED” plans (PDF and CAD) and contract documents (PDF and MS Word) shall be provided prior to the City Council award date. NOTES: If approved deviation from using Clearwater CAD standards, the consultant shall include all necessary information to aid in manipulating and printing/plotting the drawings. Please address any questions regarding file format to Mr. Tom Mahony, Geographic Technology Manager, at (727) 562-4762 or email address:tom.mahony@myclearwater.com. WO Initiation Form.docx 25 of 25 06/04/2015 Groundwater Replenishment Water Purification Plant Design, Permitting, Bidding, and Public Outreach/Education Tetra Tech, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Consultant Services Total 1.0 Preliminary Design 1.1 Project Management & Progress Meetings $32,200 1.2 Treatment Facility Site Planning $67,100 1.3 Wellfield & Pipeline Planning $21,500 1.4 Survey & Ecological Evaluations $73,100 1.5 Subsurface Geotechnical Engineering $25,400 1.6 Building Programming $62,200 1.7 Preliminary (30%) Design Documents $471,400 Total Lump Sum Preliminary Design $752,900 2.0 Final Design 2.1 Project Management & Progress Meetings $89,900 2.2 Subsurface Utility Engineering $30,500 2.3 QA/QC, Design Coordination, Cost Estimating $163,200 2.4 Design for LEED Certification $52,600 2.4 60% Design $812,700 2.5 90% Design $406,300 2.6 100% Design $135,500 Total Lump Sum Final Design $1,690,700 3.0 Permitting 3.1 Meetings, Permits Preparation & Submittal $109,500 Total Lump Sum Permitting $109,500 4.0 Bidding Assistance 4.1 Bidding Assistance $28,100 Total Lump Sum Bidding Assistance $28,100 5.0 Public Outreach and Education 5.1 Public Outreach Lump Sum $146,700 5.2 Technical Advisory Committee (TAC)Allowance T&M, NTE $40,000 5.3 Services Contingency $30,000 Total Public Outreach and Education $216,700 Subtotal, Labor and Subcontractors $2,797,900 Grand Total $2,797,900 WO Initiation Form.docx 1 of 9 form revised: 8/1/2014 LEGGETTE, BRASHEARS & GRAHAM, INC WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date:May 20, 2015 Project Number:_________ City Project Number:15-0010-UT 1.PROJECT TITLE: Groundwater Replenishment Phase 3 -Recharge and Concentrate Injection Well Permitting and Bidding Services. 2.SCOPE OF SERVICES: Leggette, Brashears & Graham, Inc. (LBG) is nearing completion of Work Order No. 2 for City Project No. 09-0015-UT, Groundwater Replenishment Study. Work Order No. 2 included permitting and construction of a Class V Test recharge well and monitoring wells for the purpose of preliminary aquifer testing, groundwater modeling, geochemical modeling, and core analysis for metals leaching. This Work Order includes hydrogeological services for preparation of an application for a Class V Injection Well Construction Permit, preparation of a Class I Test Injection Well Construction Permit for concentrate disposal, preparation of bid specifications, and support with bidding for well construction. All work will be done under the direction of a Professional Geologist or Engineer licensed in the state of Florida. WO Initiation Form.docx 2 of 9 form revised: 8/1/2014 I.PRELIMINARY DESIGN PHASE TASK I.1–Project Kickoff Meeting LBG will attend a project kickoff meeting with the City, District staff, and the design Engineers to discuss the project plan and schedule. Task I.2.1– Prepare the Class VTest Injection Well Construction Permit Application Package This task includes preparation of all appropriate application forms and supporting information for a permit to construct the remaining Class V injection (recharge) wells. LBG will prepare an application for construction of four additional recharge wells in accordance with Chapter 62-528.630 and 635 F.A.C. The application package will include the Technical Report prepared in the previous work order, and a well construction and testing program that addresses the requirements of Chapter 62- 528.605, and .620. Design drawings for the recharge wells shall be compiled using one of the following two methods: 1) The City of Clearwater CAD standards, as attached, 2) Pinellas County Survey CAD standards for survey base map and 3) City Of Clearwater standards for the design portion. A LBG Professional Engineer licensed in the state of Florida will sign and seal all documents/drawings, as required. This task will include one meeting with the Technical Advisory Committee (TAC) duringthe permitting process as required. Task I.2.2–Prepare the Class I Test Injection Well Construction Permit Application Package LBG will prepare an application for construction and testing of a Class I Test Injection Well and associated monitoring wells in accordance with Chapter 62-528.440 and 450 F.A.C. The application package will include an Area of Review Report, and a well construction and testing program that addresses the requirements of Chapter 62-528.405, and .410. Design drawings will be prepared for the test injection well and associated monitoring wells. The design plans shall be compiled using one of the following two methods: 1) The City of Clearwater CAD standards, as attached, 2) Pinellas County Survey CAD standards for survey base map and 3) City Of Clearwater standards for the design portion. A LBG Professional Engineer licensed in the state of Florida will sign and seal all documents/drawings, as required. The Exploratory well will be completed as a functional Test Injection Well that will operate for the operational test period when the water purification plant is complete. Task I.3 Third Party Review LBG will provide a draft of the application packages for the recharge wells and the concentrate injection well to the City for review and comment. This package will also be reviewed by a third party. LBG will assist the third party reviewer by providing additional information (including 30% cost estimates)as needed and attending an estimated two meetings during the process. WO Initiation Form.docx 3 of 9 form revised: 8/1/2014 II.DESIGN DEVELOPMENT PHASE Task II.1 - Revise and Submit Final Permit Application Packages Comments from the City, District, and third party reviewer will be incorporated into the application packages for the recharge wells construction permit and the concentrate injection well construction and permit. The packages will be finalized and submitted to the FDEP. LBG will prepare one response to a request for additional information during the FDEP review process. III.FINAL DESIGN PHASE Task III.1–Final Design and Specifications This task includes the final design of the recharge wells system and concentrate injection well system based on the final approved Well Construction Permits. Included will be the location of the recharge wells and associated monitoring wells, and the concentrate injection well and associated monitoring wells. Specifics on well construction and testing will also be included along with a schedule. LBG will also develop a cost estimate for the well construction. IV.BIDDING PHASE Task IV.1-Preparation of Bid Documents The technical specifications prepared in the permitting phase for both the recharge and concentrate injection well systems will be merged with the contract documents provided by the City, and bid forms prepared by LBG to create two separate bid documents for construction and testing of the recharge well system and the concentrate test injection wellsystem. Task IV.-2 –Assistance with Bidding LBG will attend a pre-bid meeting for each well systemand prepare any required addenda. We will then review the bids received, and make a recommendation to the City for acceptance of the lowest responsive and qualified bidfor each well construction project. V.ADMINSTRATIVE SERVICES Task V.1 – Project Administration LBG performs a number of activities associated with managing this project. These activities include WO Initiation Form.docx 4 of 9 form revised: 8/1/2014 project coordination of activities with the City staff, subcontractors, FDEP and LBG staff. The task also includes electronic, telephonic, and written communications on a regular basis. Weekly progress reports on project status will be prepared and provided to the City the following week. This task also includes any periodic agency meetings that may arise for discussing overall project issues. LBG will also provide review of all necessary paper work from subcontractors and manage all in-house paper work and electronic files, including invoices, to ensure project is moving on schedule and within budget. Task V.2– Attend Monthly Progress Meetings The LBG Project Manager and/or other appropriate staff as required will attend and participate in the monthly progress meetings held for the Groundwater Replenishment Construction Project. It is assumed that all project meetings will take place at either Public Utilities or at the job site, depending on the needs of the progress update and are anticipated to involve several hours per meeting. LBG will prepare as appropriate correspondence related to and needed for the progress meeting agendas and will provide meeting minutes as needed. Task V.3 – Assistance With Public Outreach Program The LBG Project Manager and/or other appropriate staff as required will attend and participate in Public Outreach activities. Services may include assistance with preparing technical materials, reviewing public outreach documents prepared by others, and attendance of public meetings/presentations as needed during the time in which the services in this work order are being provided. VI.CONSTRUCTION PHASE (if applicable) 3.PROJECT GOALS: The following work products will be submitted during the project: 1)FDEP Class V Well Construction and Testing Permit application 2)Well Construction Bid Specifications 3)Weekly Well Construction Progress Reports 4)Well Construction and Testing Report 4.BUDGET: Attachment “B” provides a breakdown of the total cost per task for the services included in this Work Order. This price includes all labor and expenses anticipated to be incurred by Leggette, Brashears & Graham, Inc.for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis, for a fee not to exceed Two hundred twenty-seven thousand one hundred fifty-eight Dollars ($227,158.00). WO Initiation Form.docx 5 of 9 form revised: 8/1/2014 5.SCHEDULE: The project is to be completed 365 days from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Obtain Recharge and Concentrate Injection Well Construction Permits 275days Prepare Bid Specs and Select Well Drilling Contractor 90 days 6.STAFF ASSIGNMENT (Consultant): David A. Wiley, P.G. – Project Manager Jeffrey M. Trommer – Lead Project Hydrogeologist Roy Silberstein – Lead Professional Engineer Richard Cofer – Sr. Hydrogeologist (Lead Field Staff) Ron Ewinski – Sr. Hydrogeologist Tim Harrell – Drafting 7.CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: David A. Wiley, P.G. All City project correspondence shall be directed to: Robert S. Fahey, P.E. 8.INVOICING/FUNDING PROCEDURES: Invoices for work performed shall be submitted monthly to the City of Clearwater, Engineering Department, Attn.: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748. City Invoicing Code: 0315-96773-561300-533-000-0000 9.INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier WO Initiation Form.docx 6 of 9 form revised: 8/1/2014 E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10.SPECIAL CONSIDERATIONS: Not Applicable PREPARED BY:APPROVED BY: ________________________________________________ David A. Wiley Michael D. Quillen, PE Senior Vice President City Engineer Leggette, Brashears & Graham, Inc.City of Clearwater ________________________________________ Date Date Attachment “A” WO Initiation Form.docx 7 of 9 form revised: 8/1/2014 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1.FORMAT The design plans shall be compiled utilizing the following methods: 1.City of Clearwater CAD standards. 2.Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2.DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WO Initiation Form.docx 8 of 9 form revised: 8/1/2014 Recharge/InjectionWell Permitting and Contractor Selection Leggette, Brashears and Graham, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total I Preliminary Design I.1 Attend Project Kickoff Meeting $2,000 $2,000 I.2.1 Prepare Class V Permit package $34,216 $34,216 I.2.2 Prepare Class I Permit package $40,256 $40,256 I.3 Third Party Review $22,000 $22,000 $98,472 II Design Development II.1 Revise and Submit Final Permit Application Packages $19,808 $19,808 III.Final Design Plans and Specifications 3.1 Prepare Final Well Design $13,912 $13,912 $13,912 IV.Bidding Services IV.1 Prepare Bid Documents $11,136 $11,136 IV.2 Bidding Assistance $6,160 $6,160 $17,296 V.Administrative Services V.1 Project Administration $26,260 $26,260 V.2 Attend Monthly Progress Meetings $18,476 $18,476 V.3 Assistance with Public Outreach Program $28,480 $28,480 $73,216 Subtotal, Labor and Subcontractors $222,704 Permit Review Fees $0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $4,454 Grand Total $227,158 Attachment “B” WO Initiation Form.docx 9 of 9 form revised: 8/1/2014 2012 DIRECT HOURLY RATES LEGGETTE, BRASHEARS AND GRAHAM, INC. Job Classification Minimum Rate ($ / hour) Typical Maximum Senior Vice President $70 $72 $74 Vice President/Officer-in-Charge $70 $72 $74 Project Manager/Associate Principal $55 $57 $60 Construction Manager $28 $30 $35 Construction Engineer $28 $30 $35 Senior Engineer/Scientist $28 $30 $35 Engineer/Scientist (III-IV)$26 $28 $30 Engineer/Scientist (I-III)$24 $26 $28 Planner Landscape Architect Field Technician $26 $28 $35 Senior Designer Drafter/CADD Operator $26 $28 $35 Operations Specialist Fiscal/Accounting $20 $22 $30 Administrative/Clerical $20 $22 $30 MULTIPLIER:3.4 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1960 Agenda Date: 12/17/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy for the maintenance of electrical facilities at City-owned property containing Sid Lickton Field and Reverse Osmosis Treatment Plant Number One; and authorize the appropriate officials to execute same. (consent) SUMMARY: Improvements to Reverse Osmosis Treatment Plant Number One and the lighting system at Sid Lickton Field were recently completed. The proposed easement will allow Duke Energy to maintain its facilities installed on this property. Page 1 City of Clearwater Printed on 12/17/2015 This document prepared by Kristy Parker Return to: Duke Energy - Support Services 3300 Exchange Place, NP4A Lake Mary, FL 32746 SEC: 11 TWP: 29S RGE: 15E COUNTY: PINELLAS PROJECT: CW-14-802364 GRANTOR: CITY OF CLEARWATER SITE ADDRESS: 714 NORTH SATURN AVE, CLEARWATER, FLORIDA 33755 TAX PARCEL NUMBER: 11-29-15-00000-410-0200 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, INC., d/b/a DUKE ENERGY, a Florida corporation (“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's Facilities to be installed at mutually agreeable locations under, over, across and through the following described property to accommodate present and future development: See Legal Description on the accompanying Exhibit "A", attached hereto and incorporated herein by this reference. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said fa cilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be pl aced so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or prop erty, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2015. GRANTOR: Countersigned: _________________________________ By: _______________________________ George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney State of Florida ) ) ss County of Pinellas ) BEFORE ME, the undersigned, personally appeared George N. Cretekos and William B. Horne, II, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed for the use and purpose herein set forth, and who are personally known to me. WITNESS my hand and official seal this _______ day of _____________________, 2015 ____________________________________ My commission expires: Notary Public Print/Type Name ______________________ Hacienda Apartment Complex City Nursery M & B 41/01 M & B 41/03M & B 41/02 Lot 19 Lot 20 Lot 18 Lot 17 Lot 16 Lot 15 Lot 63 Lot 64 Lot 22 Lot 21 Lot 20 Lot 19 Drew Terrace Plat Book 48, Page 20 Drew Manor Plat Book 49, Page 3 Lot 77 Lot 78 Lot 79 Lot 80 Lot 81 Lot 82 Lot 83 Lot 84 Lot 85 Lot 86 Lot 87 Lot 88 Lot 89 Ambleside Second Addition Subdivision Plat Book 64, Page 17 AVESR-590 Rosemere Rd KARLYNCir DR CASLER CT AVEST STBAKERDrOAKWOOD RIDGEWOOD PINEWOODAVE WoodRichards Ct MAPLE ST ST RICHARDSGLENWOODGROVE LAURA Rosewood DRAVEHIGHLANDORANGEWOOD AVEEDGEWOOD AVEHOBART AVERidgewood GILBERT DR KENNETH CASLERAIRPORT Feathtree Cir TREEDRerMcKINLEY AVEAVEAVEDUNCAN AVEJUPITER AVEFEATHER MACRAE AVEDRNELSONAVE DRWOODWOODAVEELMWOOD Rose mere Smallwood WALNUTFLAGLER DRSTCLARK WEBBDRST ST AVECR-548 LEVERN BONAIR ST ST RIDGELYNNAVEGENTRY CARROLL ST ST CROWN AVEST SHERWOOD WEBB LONG SCOTT PALMETTO ARDENAVEAVESTMURRAYCHANDLERAVEST STAVE KEENE RDST AMBLESATURNLNLN AVEARIESLNLEO S LEOLNEKEENE RDBRANDONAVEARCTURUSSHERWOOD CR-1CR-1LONG ST RidgewoodSt HARDING ST ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Sid Lickton Field JB CL N.T.S.279B 11-29s-15e11/13/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Distribution Easement to Duke EnergySid Lickton Field / R.O. Treatment Plant #1 R.O. #1 LOCATION MAP Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\Sid_RO1 Duke Easement.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1938 Agenda Date: 12/17/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Library Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Amend the Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City of Clearwater to allow funds to be utilized by the Clearwater Main Library for pre-venture, startup and small business programs and services and authorize the appropriate officials to execute same. (consent) SUMMARY: This amendment will match the funding to the intent as described in Section 2 of the agreement. As currently written, the funding may only be used for STEM-related activities at the maker spaces. The purpose outlined in Section 2 also includes small business start up, entrepreneurship, job seeking and business marketing support. This amendment mirrors the item just reviewed by the CRA. No additional funding is requested. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/17/2015 Page 1 of 2 FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (“First Amendment”), entered into this _____ day of ________________, 2015, by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater, Florida (hereafter "City"), a municipal corporation of the State of Florida. WITNESSETH: WHEREAS, the CRA and City entered into that certain Agreement between the CRA and City effective October 23, 2015 (“the Agreement”); and WHEREAS, the CRA and City now desire to amend certain provisions of the Agreement as set forth herein; and NOW, THEREFORE,in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: That the Agreement, Section 3. Responsibilities of the CRA, paragraph Function, is hereby amended to read as follows: Function: Provide TIF funding in the total amount not to exceed $99,600.00 for the contract year, said funds to be utilized by the Clearwater Main Library (Main Library) to provide staffing, equipment, education and training for the greater Clearwater community on adult and youth STEM activities within the Studios at Main, a maker space area, and pre-venture, startup and small business programs and services as described in Section 2. Intent, paragraphs B and C,to be allocated in the following manner: IN WITNESS WHEREOF, the CRA and City have executed or caused these presents to be executed by its respective authorized representatives to be effective as of the day and year above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ______________________________ George N. Cretekos, Chairperson Approved as to form: Attest: ___________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Page 2 of 2 Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By: _____________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Matthew Smith Rosemarie Call Assistant City Attorney City Clerk INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2015 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, Section 163.387(6), Florida Statutes, allows for use of moneys in the redevelopment trust fund may be expended from time to time for undertakings of a community redevelopment agency as described in the community redevelopment plan; and WHEREAS, the CRA has adopted a Community Redevelopment Plan that establishes certain Goals and Objectives to guide the revitalization of the Downtown area; and WHEREAS, supporting community learning, entrepreneurship and growing small businesses are important activities which help meet certain Objectives established in the Community Redevelopment Plan including Objective 3B which says that, “The…Main Library will serve as a cultural attraction and an anchor for the northern section of the Downtown Core,” and Objective 1E, which states that, “A variety of businesses are encouraged to relocate and expand in Downtown to provide a stable employment center, as well as employment opportunities for Downtown residents”; and WHEREAS, the Clearwater Downtown Redevelopment Plan establishes that funds received by the CRA through the use of Tax Increment Financing (TIF) may be used for certain redevelopment activities; and WHEREAS, the City has adopted an Economic Development Strategic Plan which outlines the steps for achieving economic development success and establishes as “Goal Four: Business Development” that the city should, “support an entrepreneurship and innovation ecosystem and collaborate with regional partners to market Clearwater to target industries;” and WHEREAS, on May 4, 2015, and May 7, 2015, the CRA and the City, respectively, together with the Clearwater Regional Chamber of Commerce, Technical Arts Facility for Innovation and Entrepreneurship (TAFFIE), Florida Small Business Development Center (FSBDC) of Pinellas County Economic Development entered into a Memorandum of Understanding to support 2 collaborative and coordinated approaches to serve pre-venture, startup and small business enterprises in the City of Clearwater and the greater Clearwater area and that City of Clearwater – Economic Development & Housing Department and City of Clearwater Library System would together participate in these efforts; and WHEREAS, the Urban Land Institute Advisory Services Panel Report issued September 2014 recommended the library “identify uses that can colocate with the library to boost its use and help activate the area around it” such as “a community meeting room and center”; and WHEREAS, the CRA and the CITY want to enter into an Interlocal Agreement during the Fiscal Year 2015/2016, outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1.Term. The term of this Interlocal Agreement will be October 1, 2015 through September 30, 2016. Section 2.Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.387(6)(a), Florida Statutes, be used to provide the following services in support of the economic enhancement of the downtown area: A.Create and maintain two (2) maker spaces at the Clearwater Main Library, located at 100 N. Osceola Avenue, providing technology and equipment such as but not limited to 3D printers, video and audio recording equipment, robotics and iMac computer hardware, as well as specialized software to assist in the production of technology innovation and business growth and development. B.Provide training on the proper use of the equipment and technology listed above, as well as on small business startup, entrepreneurship, job seeking, technology development, digitization and effective use of the world wide web for communication and business marketing, and encouraging science, technology, engineering, and math (STEM) education and skills for all age groups to help create tomorrow’s workforce. C.Foster a sense of community for the downtown area by providing space for meetings, both formal and informal, that is receptive to the sharing of technology and ideas, supports gatherings where participants can share common interests and grow skills and 3 knowledge by working together and creates partnerships to effectively facilitate mutual growth and support innovation and entrepreneurship. Section 3.Responsibilities of the CRA Function: Provide TIF funding in the total amount not to exceed $99,600.00 for the contract year, said funds to be utilized by the Clearwater Main Library (Main Library) to provide staffing, equipment, education and training for the greater Clearwater community on STEM activities within the Studios at Main, a maker space area, to be allocated in the following manner: A.$57,600.00 to pay for a Library Program Specialist, Exhibit A attached hereto and incorporated by reference, contains detailed specifications B.$25,000.00 the estimated cost for the contract year for coverage of additional hours to make the library available to the business community two mornings and two evenings each week. C.$12,000.00 the estimated cost for the contract year for education and training tools. D.$5,000 for material and supplies. Section 4.Responsibilities of the CITY Scope of Duties: The services that the CITY will provide will be carried out by the Main Library. These services are: A.Developing two (2) maker spaces within the Clearwater Main Library providing technology and training to the public and working in cooperation with the Clearwater Business Spark! Partners to support economic development in the downtown area. B.Provide staffing for the programs of the maker studios to provide programs and training to support innovation and entrepreneurship in the downtown area. Develop partnerships to effectively utilize the library space. Section 5.Notice.Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand-delivered or mailed as follows: Clearwater Community Redevelopment Agency Attn: Rod Irwin, Executive Director 112 South Osceola Avenue 4 Clearwater, Florida 33756 Telephone: (727) 562-4058 City of Clearwater Attn: William B. Horne II, City Manager 112 South Osceola Avenue Clearwater, Florida 33756 Telephone: (727) 562-4046 Section 6.Entire Agreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7.Indemnification.The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Maintenance of Effort. The expenditures authorized by this Agreement are solely and exclusively to increase community policing activity and resources. The City agrees that no diminishment of existing police efforts in the East Gateway will occur as a result of this agreement. Section 9.Filing Effective Date.As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. [THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK] 5 IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ______________________________ George N. Cretekos, Chairperson Approved as to form: Attest: ___________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By: _____________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Matthew Smith Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1995 Agenda Date: 12/17/2015 Status: Consent AgendaVersion: 1 File Type: AppointmentIn Control: Official Records & Legislative Services Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Appoint Pamela Gene Benton to the Sister Cities Advisory Board as the School Board’s World Language Coordinator or designee representative with term to expire December 31, 2019. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council MEMBERS: 6 CHAIRPERSON: Sallie Parks MEETING DATES: Quarterly PLACE: Long Center APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc., the local business community, the School Board’s World Language Coordinator or designee, and the Clearwater Arts Alliance shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM THAT WILL BE EXPIRING ON THIS BOARD AS THE SCHOOL BOARD’S WORLD LANGUAGE COORDINATOR OR DESIGNEE AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Krista Valentage - Teacher Pinellas County Schools, 901 First Ave. North, Safety Harbor, FL 34695 Original Appointment - 8/1/13 (filling unexpired term until 12/31/15) (World Language Coordinator) THE FOLLOWING NAME IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Pamela Gene Benton - 6984 12th Terrace North, St. Petersburg, FL 33710 Page 1 City of Clearwater Printed on 12/17/2015 File Number: ID#15-1995 World Languages Supervisor Employer: Pinellas County Schools, 301 4th St. SW, Largo, FL 33770 (World Language Coordinator) Zip codes of current members: 1 - 33761; 1 - 33764; 1 - 33765; 1 - 34683; 1 - 34695 Page 2 City of Clearwater Printed on 12/17/2015 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Pamela Gene Benton (Pam) Home Address: Office Address: 6984 12th Terrace North; St. Petersburg, FL 301 4th St. SW; Largo, FL Zip 33710 Zip 33710 Telephone: 727 - 252 -6990 Telephone: 727 - 588 -6066 Cell Phone: 727 - 252 -6990 Email Address: bentonp @pcsb.org How long a resident of Clearwater? not a resident of Clearwater Occupation: World Languages Supervisor Employer: Pinellas County Schools Field of Education: World Languages & Education Other Work Experience: Nagano /Clearwater Exchange Teacher in 92 -93 Berlitz Korea 1997 -2000 If retired, former occupation: Community Activities: Wheaten Terrier Rescue Group, Hospice House Volunteer Other Interests: Travel, reading, cooking Board Service (current and past): Board Preference: have not served on this board before Sister Cities Advisory Board was president of Florida Foreign Language Association & World Lang. Teachers Assoc. Additional Comments: Digitally signed by Pamela G. Benton Signature: Pamela G. Benton Date: 2015.12.03 15:21:05 - 05'00' Date: December 3, 2015 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? To liaise between Nagano City and Clearwater in order to facilitate continued cooperation and ongoing projects of the Sister Cities Program. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? No. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? I am the contact for all communication with the school board of Pinellas County. I contact schools and arrange for cooperation of the schools for teacher and student exchanges. 4. Why do you want to serve on this Board? In order to learn everything I can about the programs and projects so as to facilitate easy and smooth cooperation between the Board and Pinellas County Schools. Name: Pamela G. Benton (Pam) Board Name: Sister Cities Advisory Board Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-2005 Agenda Date: 12/17/2015 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Disband the Charter Review Committee. (consent) SUMMARY: The Charter Review Committee submitted a report with recommendations to the Council on October 14, 2015 and completed its review of the City Charter. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/17/2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1968 Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the City of Clearwater’s Fiscal Year 2014-2015 Consolidated Annual Performance and Evaluation Report (CAPER). SUMMARY: The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report, documenting the City’s expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U.S. Department of Housing and Urban Development (HUD). For Fiscal Year (FY) 2014-2015, the City’s entitlement allocation was $726,298 in CDBG and $299,956 in HOME Program funds for a total budget of $1,026,254 from federal funds. The CAPER document serves as the basis for program monitoring for compliance and for financial audits for all activities conducted during FY 2014-2015 as outlined in the Consolidated Plan. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD’s Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. In addition to reporting on our activities with federal money, we also included a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program, Pinellas County Housing Trust Fund Program and Neighborhood Stabilization Program 3 in the narrative section; however, these numbers are not included in the totals below. Through the CDBG and HOME program activities, we expended a total of $1,590,685 in FY 2014-2015, which included funding from the prior year reprogrammed fund budget of $1,603,595. Those funds not expended from this year’s budget will be programmed in future budgets. The City of Clearwater’s FY 2014-2015 CAPER contains information on the City’s assessment of the following activities: -Assessment of Three to Five Year Goals and Objectives -Affordable Housing -Continuum of Care -Leveraging Resources -Affirmatively Furthering Fair Housing -Citizens Comments -Self-Evaluation Page 1 City of Clearwater Printed on 12/17/2015 File Number: ID#15-1968 Over 5,438 persons were assisted through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing, and Economic Development projects and programs. A brief summary of FY 2014-2015 accomplishments are: -Closed on thirteen owner-occupied rehabilitation loans totaling $285,514. -Closed on fifteen down payment assistance loans totaling $357,140. -Provided a $200,000 loan to Habitat for Humanity of Pinellas County to build four new single family homes on Milton Street. -Provided a $137,190 loan to Bright Community Trust to acquire and renovate a single family home located at 203 South Neptune. -Provided a $157,571 loan to Bright Community Trust to acquire and renovate a single family home located at 2034 Keene Road. -Habitat for Humanity of Pinellas County, Inc. built five new homes in the Stevens Creek Subdivision using NSP3 funds (revolving). -SP Country Club Homes, Inc - All of the units have been sold. -Provided a $350,000 loan to SP Garden Trail Apartments 2013, LLC for partial development cost for a new 75-unit apartment complex for families. -Provided a $95,000 loan to Kimberly Home to renovate a rental home. The City’s Neighborhood and Affordable Housing Advisory Board is scheduled to approve the FY 2014-2015 CAPER at their meeting on December 8, 2015. The CAPER is due to HUD no later than December 30, 2015. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Fourth Program Year CAPER 1 Fourth Program Year CAPER The City of Clearwater, Florida FY 2014-2015 CPMP Fourth Consolidated Annual Performance and Evaluation Report includes Narrative Responses to CAPER questions that CDBG, HOME,NSP3,HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. The grantee must submit an updated Financial Summary Report (PR26). 1. EXECUTIVE SUMMARY The overall purpose of the community planning and development programs as stated in Section 91 of the Housing and Community Development Act, as amended, with programs funded through the Community Development Block Grant Program and the HOME Investment Partnership Program is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low to moderate-income persons. The primary means toward this end is to extend and strengthen partnerships among all levels of government and the private sector, including for profit and non-profit organizations, in the production and operation of affordable housing. The main purpose of these programs is to provide decent housing. Decent housing includes assisting homeless individuals and families, retaining the existing housing stock by rehabilitating existing housing units and increasing the availability of permanent affordable housing by building new affordable rental and owner-occupied units and providing down payment assistance. The second purpose includes increasing public services and public facilities to improve the safety and livability of neighborhoods as a suitable living environment. The third purpose is to expand economic opportunities to low to moderate-income individuals by creating or retaining jobs or creating and/or expanding businesses in low to moderate-income neighborhoods. The Consolidated Annual Performance and Evaluation Report (CAPER)is the principal administrative report to document how effective the City has been in expending CDBG and HOME funds to meet the objectives listed above. It serves as the basis for program monitoring for compliance and for financial audits. It provides HUD with necessary information for the Department to meet its requirement to assess each grantee’s ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides information necessary for HUD’s Annual Report to the U. S. Congress and provides grantees an opportunity to describe to citizens their successes in revitalization of deteriorated neighborhoods and meeting objectives stipulated in our Consolidated Plan. The City’s FY 2014-15 CAPER contains information on the City’s assessment of activities as they relate to the five-year goals and objectives, affirmatively furthering fair housing, affordable housing, continuum of care, leveraging resources, citizen participation, and self-evaluation. Fourth Program Year CAPER 2 Please note that this CAPER is included under the goals and objectives identified in the FY 2011-2016 Five-Year Consolidated Planning Period. 2. ASSESSMENT OF THE ONE YEAR GOALS AND OBJECTIVES In June 2011, the City of Clearwater approved the FY 2011-2016 Consolidated Plan for funding from the Community Development Block Grant Program (CDBG), HOME Investment Partnership Program (HOME), and State Housing Initiatives Partnership Program (SHIP). In September 2011, the City’s Consolidated Plan was approved by the United States Department of Housing and Urban Development (HUD). The Five- Year Consolidated Plan includes two key activities; provide decent, safe, and affordable housing and increase public services and facilities to improve the safety of the neighborhoods. The City's mission is to assist residents in achieving self-sufficiency through decent housing, a suitable living environment and the expansion of economic opportunities. The goals for community development include promoting community self investment in low/moderate-income areas, providing facilities/services to address critical social services needs, providing facilities/services for seniors, children and persons with special needs, and expanding economic opportunities. The goals for housing and the homeless include revitalizing older housing and demolishing unsafe structures, producing high-quality affordable housing, providing housing assistance, and providing services/housing for the homeless. The City of Clearwater focuses on three (3) basic areas for assisting in the provision of decent, safe and affordable housing. The focus consists of: 1. Homeowner rehabilitation - which include emergency repairs and disabled retrofitting 2. Down payment and closing cost assistance for homebuyers 3. Acquisition/rehabilitation/new construction To preserve the existing housing stock, the five-year goal is to rehabilitate 75 units owned by low-income households. The City will preserve the housing stock by funding the acquisition and rehabilitation of 50 existing units for new low-income owner households over the five-year period. To encourage new homebuyers, the five-year goal is to provide direct down payment/closing cost assistance to 100 low and moderate-income homebuyers. The City has proposed to construct 80 new affordable, for sale, infill housing units to support the City's ongoing revitalization/redevelopment efforts. To encourage participation in the City's homebuyer’s activities, the five-year goal is to provide credit counseling and homeownership training assistance to 80 prospective low-income homebuyers. During FY 2014-15 funding year, the City implemented its Housing Pool primarily with SHIP and HOME monies and used the funds for down payment and closing cost assistance, lot acquisition, rehabilitation and new construction. For larger developments, a non-profit and/or for-profit organization may be allocated funds in a Fourth Program Year CAPER 3 line of credit format. This allows for the development of small infill projects, as well as the acquisition of several single existing units for rehabilitation and resale. Clearwater’s Economic Development and Housing Department - Housing Division oversees the activities of its subrecipient participants and administers the City’s rehabilitation program using CDBG, HOME and SHIP funds. The Housing Pool participants submit a client case for approval for down payment and/or closing cost assistance. Once approved, the City encumbers those funds. Upon home closing, the Housing Pool participant will request reimbursement of the funds they expended and their loan processing fee(s). The loan processing fee(s) are not funded until we review the client file and have determined that all necessary documentation has been obtained to verify household income and assets and to substantiate any rehabilitation that may have been done on the home that was purchased. The Housing Pool continues to be one of the most effective ways for our housing partners to access funding for income-eligible clients. The City has identified five general strategies to provide affordable housing over the Consolidated Plan period. They are to provide decent, adequate and affordable housing in safe and desirable environments for: a) renters, b) homeowners, c) homebuyers, d) homeless and e) non-homeless with special needs. a. Rental Strategy The strategy for rental activities includes maintaining the existing rental housing stock through rehabilitation, new construction, conversion, and providing additional funding for acquisition/rehabilitation to very-low income households to ensure that housing costs, including utilities, does not exceed 30% of their gross monthly income. The priorities listed in the current five-year strategy calls for providing decent, adequate and affordable housing in a safe and desirable community for renters. To fulfill this strategy, the City facilitated meetings with developers and discussed potential funding for renovations of existing rental properties and/or new construction projects. 1) Garden Trail Apartments Mr. Peter Leach, Vice President of the SP Garden Trail LLC, presented an application for funding for construction costs to build a seventy-six unit apartment complex (Garden Trail Apartments) to the City on September 2, 2015. The application was presented as part of the City’s HOME Investment Partnership Program (HOME) Rental Housing Development Application Process for FY 2014/15. The amount of funding requested was not to exceed $350,000 in FY14/15 HOME and SHIP funds. The proposed project is a garden style, affordable housing project financed with an allocation of competitive tax credits from the Florida Housing Finance Corporation and private bank financing. The approximately 2.58 acre site is located just north of downtown Clearwater. The site boundaries are Blanche B. Littlejohn to the east, North Spruce Avenue to the west, Eldridge to the south, and Seminole Street to the north. Fourth Program Year CAPER 4 All units will be income restricted with 93.4% of units rented to families at or below 60% area median income (AMI) and 6.5% of units rented to families at or below 40% AMI. The unit breakdown will consist of 52 two-bedroom, 2-bathroom units at 900 square feet and 24 three-bedroom, three-bathroom units at 1,100 square feet. The proposed rents net of a utility allowance are the following: 2 Bedroom @40%AMI $531 3 Bedroom @ 40%AMI $614 2 Bedroom @60% AMI $796 3 Bedroom @60% AMI $921 All units will have dishwashers and washer/dryer hookups, ceiling fans and wired for high speed internet. On site amenities will include but not limited to a pool, community room, library, computer room and a playground. Two and three bedroom rental units comprise by far the greatest percentage of rental unit types in the Clearwater housing market. There has been a reduction in the number of three bedroom units available and no change in the number of four bedroom units available. This indicates a need for rental opportunities for larger families. The project is anticipated to inject over $13.5 million in the North Greenwood Neighborhood. The project will be located at 609 Seminole Street. The development of Garden Trail will be carried out by Southport Financial Services, Inc. Southport is an experienced tax credit developer and has built or rehabbed over 5000 units of affordable housing in Florida and along the Eastern Coast of the United States. As per the City's Loan Approval Policy approved on January 2005, loans of $350,000 require approval from the Assistant Director, Director and Assistant City Manager and City Manager. The project was presented and approved by the Neighborhood and Affordable Housing Advisory Board on September 8, 2015. 2) Prospect Towers of Clearwater, Inc. On April 4, 2012, Prospect Towers of Clearwater, Inc. submitted an application to the City in the amount of $800,000 to renovate Prospect Towers located at 801 Chestnut Street. The renovations included replacing the water tanks, air handlers, pipe insulation, modernize the elevators, and other eligible improvements. In 2013, the City gave Prospect Towers an additional $150,000 to make other building improvements. Prospect Towers is a 208-unit apartment building that is comprised of 96 efficiency units and 112 one-bedroom units. The property includes a seventeen-story building and parking lot. The features include utilities (Electric, Gas, Water and Sewer) in the rent, 24/7 on-site Desk Clerk, Emergency Call Buttons, Community Library, and an on-site Wellness Center. Prospect Towers received an offer to purchase from another entity during this reporting period. They accepted and the property was sold at the end of this Fourth Program Year CAPER 5 reporting period. Funds provided to Prospect Towers have been returned as program income. Those funds will be committed to another rental project during the next reporting period. b. Homeowner Strategy The strategies for homeownership activities are listed as follows: 1. Increase homeownership within the City of Clearwater; 2. Bring housing up to standard (and modernize when possible); 3. Remove architectural barriers; 4. Demolish units that prove economically unfeasible to rehabilitate and provide relocation benefits; 5. Ensure housing costs are in the general range of 30% of household income, and; 6. Promote energy efficiency and prevent loss of homes. Sixty-seven percent of the housing units in Clearwater are over 20 years of age. To assist homeowners who need rehabilitation, the City offers loans through the Housing Division and through the approved housing non-profits participating in the City’s Housing Pool. The loans are available to owner-occupied households with incomes that are very-low to moderate, with a priority on very-low and low-income households. During FY 2014-15, the City made a total of thirteen (13) owner-occupied rehabilitation loans with CDBG, HOME and SHIP Program funds. There were two CDBG loans, one CDBG/SHIP loan, seven SHIP loans and three HOME/SHIP loans. Homeowner rehabilitation produced $64,382.96 in loans from the CDBG Program with an additional $188,483.17 in SHIP funds and $32,647.74 in HOME funds. The total expenditures from all funds were $285,513.87. The table below illustrates the breakdown of income categories per loan. HOMEOWNER REHABILITATION PROGRAM FY 14-15 Program Less than 50% AMI 50-80% AMI Over 80% AMI Total Units CDBG Program 1 1 0 2 CDBG/SHIP 0 1 0 1 SHIP Program 3 1 3 7 HOME/SHIP 1 2 0 3 Total 5 5 3 13 Fourth Program Year CAPER 6 In addition, the City worked on the following homeownership new construction projects: 1) Pinellas County Habitat for Humanity – Stevens Creek Housing Development Project and Land Acquisition Habitat for Humanity of Pinellas County, Inc. (Habitat) originally submitted an application on December 19, 2008 for funding in the amount of $600,000 to acquire real property that will be used to build single-family homes for low to moderate- income families. The funding was approved through the Pinellas County Housing Trust Fund in the form of a deferred-payment loan with no interest. The funds will be repaid when each home is sold to an eligible homebuyer. After purchase, Habitat obtained a $124,000 grant from the City through CDBG funds to demolish the structures. The said property is located at 1884 Betty Lane and contains approximately 8.81 acres of land. The site is the former Homer Villas, a rental community previously owned by the Clearwater Housing Authority. The acquisition is subject to Habitat building affordable housing units for mixed-income families. A minimum of 50 units must be for families whose income is less than 80% of median income. The property acquisition cost was $1,189,350 which equals $20,158 per unit acquisition cost. Other investments in the acquisition/development process included financing from Pinellas County and Neighborhood Lending Partners of West Florida, Inc. On September 29, 2008, Pinellas County provided a HOME Investment Partnership Program loan in the amount of $1.425 million to Habitat for a portion of the acquisition costs and site improvements. Other Pinellas County investments in the development of the housing units included $730,000 in funding through the Neighborhood Stabilization Program 2 on July 29, 2011. Also on July 29, 2011, Neighborhood Lending Partners of West Florida, Inc. provided a revolving line of credit in the initial amount of $500,000 with a maximum principal indebtedness, including future advances of $1 million. To facilitate funding for the completion of 50 units in the subdivision, Habitat requested funding from the City through its Neighborhood Stabilization Program 3 for construction financing. The City closed on the loan for $327,500 on January 18, 2013. In this reporting period, five homes were constructed and down payment assistance was not needed for the home purchases by the homebuyers. 2) Habitat for Humanity – Milton Street Project In addition, the City provided $53,750 to the Habitat for Humanity to purchase real property with a deteriorated structure located at 1300 Milton Street, Clearwater. The vacant deteriorated structure was demolished and the site will be used to build four new single family homes. A Groundbreaking for the units is scheduled for December 2015. 3) SP Country Club Homes, LLC – Housing Development Project On March 17, 2008, SP Country Club Homes, LLC (the Borrower) entered into a contract with the City of Clearwater to purchase a 2.07 acre parcel to construct a 31- unit townhouse project named “Country Club Homes”. The units are three-bedroom Fourth Program Year CAPER 7 units and would be sold between $142,000 and $156,000 to eligible homebuyers whose income is less than 120% of area median income. The funding involved an initial commitment from the City utilizing the Community Development Block Grant Program in the amount of $700,000. An additional funding commitment from the Suncoast Partnership, with funding through the Neighborhood Stabilization Program 2, was also required. This included funding though Pinellas County and Neighborhood Lending Partners. To stimulate construction and home sales, the Borrower requested additional funding in the amount of $475,770 through the Neighborhood Stabilization Program 3 for the development of four townhome units to build a four-unit building located at 1281, 1283, 1285, and 1287 Sawgrass Street, Clearwater. The loan was closed on November 9, 2012. In this reporting period, the developer completed the construction of the units. All of the units have been sold. 4) Kimberly Home On July 20, 2015, The Kimberly Home, Inc. (Kimberly Home) submitted an application for funding in the amount of $95,000 to rehabilitate real property located at 114 North Missouri Avenue, Clearwater, Florida. Funding for the project will include $71,250 from the HOME Investment Partnership Program and $23,750 from the State Housing Initiatives Partnership Program. The renovation of this rental unit will add approximately 1,300 square feet of living space to Kimberly Home’s existing housing program. The one-story concrete block structure was built in 1956. The overall interior condition of the unit is determined to be average and the remaining economic life of the structure is approximately 40-50 years. The property is located on a 55 x 48 lot. The Kimberly Home Project will preserve the existing housing stock for low to moderate pregnant individuals and families. The residential rental unit will provide housing opportunities to families whose household incomes will be limited to 80% of area median income. The tenant’s portions of the rents will not exceed 30% of the adjusted gross income for the household and will be subject to the maximum HOME Rents as published by HUD. The property is currently vacant. Resident and non-resident clients of Kimberly Home are provided assessments, crisis intervention services, individual case-management and mentoring, coordinating community resources, and the opportunity for vocational and parenting related educational training. The goal of the agency is to ensure that new mothers and families make a healthy and permanent transition to financial self-sufficiency and independent living. 5) Bright Community Trust, Inc. Bright Community Trust, Inc. (formally Pinellas Community Housing Foundation) was formed in May 2008 as a Florida not-for-profit organization established to increase and preserve long-term affordability of the affordable housing for low and very low income persons and provide education to individuals. The Pinellas County Board of County Commissioners authorized the creation Bright Community Trust, Inc. and Fourth Program Year CAPER 8 authorized the Housing Finance Agency to utilize land trusts as a vehicle to facilitate affordable housing in Pinellas County. The primary purpose of the agency is to preserve subsidies of the Federal, State and local funds by utilizing a ninety-nine year ground lease. On May 20, 2014, Bright Community Trust, Inc. applied for a designation as one of the City’s eligible CHDOs. Bright Community Trust, Inc. was the only applicant and they requested funding to acquire, rehabilitate, and resell three affordable housing units to low to moderate income families. On June 27, 2014, the City’s Economic Development and Housing Department Staff determined that the agency met the program requirements for to become a CHDO and recommended that the agency be certified as one. The Neighborhood and Affordable Housing Advisory Board also recommended that the agency be certified as a CHDO and award the agency $295,405 to further affordable housing on July 24, 2014. The funds will be provided through the remaining balance in FY 2011, 2012 and 2013 HOME Program CHDO set-aside allocations of $10,107.32, $45,301.65, and $43,513.65 respectively. The balance of the funds will be derived from HOME Program Income ($147,338.99) and Pinellas County Housing Trust Fund ($49,112.99). Additional, funds may be provided to the agency under the program format established in the City’s Housing Pool Program. The funds were originally going to be used to purchase and renovate three units but due to increases in property value Bright Community Trust, Inc. was only able to purchase two properties. The first property was located 2034 Keene Rd., Clearwater. The City provided a loan in the amount of $157,571 to purchase and renovated the property in May 14, 2015. The second property was located at 203 South Neptune Avenue, Clearwater. The City provided a loan on May 7, 2015 in the amount of $137,198 to purchase and renovate. When the property is sold the program income will be returned to the City. The program income will include the structure only. The cost for the land will remain in a land bank with the agency. Thereby, the new homebuyer will purchase the structure only and not the land. This makes the property affordable. As of the end of this reporting period, the Keene Road property was renovated and is up for sale. The Neptune property is still under renovations. c. Homebuyer Strategy The strategies for homebuyers include housing counseling programs that address pre-ownership issues, credit counseling, budgeting and foreclosure prevention to the very-low, low and moderate-income households. The 2015 Median Income for a family of four (4) in the Tampa/St. Petersburg/Clearwater Area is $59,000. The low- income threshold is $47,200 for households at 80% of area median income and $29,500 for households at 50% of area median income. Other strategies include easy access to affordable homeownership opportunities by providing larger subsidies to the very-low income credit-ready households and those purchasing homes within the City’s target areas. The homebuyer strategy also provides a means to finance the cost of rehabilitation as part of acquisition, providing additional affordable housing units to very-low and low-income households, upgrade neighborhoods and encourage activities to promote safer neighborhoods. Fourth Program Year CAPER 9 The City offers several programs that assist in making housing more affordable to very-low to moderate-income homebuyers. The City’s Homeownership Program lends funds to purchase land, provide down payment assistance, pay impact fees, pay disposition costs, pay closing costs and build new homes for income-eligible homebuyers. Funds in this program are also available to approved non-profit agencies financing their clients home ownership needs. Currently these agencies include: 1. Habitat for Humanity of Pinellas County 2. Habitat for Humanity of Pinellas County – Community Housing Development Organization 3. Bright Community Trust Inc. 4. Tampa Bay Community Development Corporation The funds are leveraged against private sector financing to provide affordable housing. The five-year goal for homebuyers calls for assisting 100 homebuyers with down payment and closing cost assistance and providing 80 homebuyers with educational services in regards to purchasing a home. The City budgeted funding for housing counseling to two agencies, the Community Service Foundation and Tampa Bay Community Development Corporation, with CDBG dollars as a public service. In addition the City provided funds for housing counseling services to homebuyers who purchased homes with HOME Program funding. A total of 33 potential homebuyers participated in housing counseling provided by Community Service Foundation and 73 participated through Tampa Bay CDC as a public service. Fifteen families participated in the TBCDC Programs (Homeownership Counseling and Homebuyer Education Programs) through the HOME Program. Other activities supported by the City included providing funding for the acquisition of vacant land and building single-family homes, providing funding to purchase existing homes and rehabilitating them and providing down payment and closing cost assistance to purchase new and existing homes. In this reporting period, the City provided a loan in the amount of $137,198 ($102,899 HOME Program and 34,299 Pinellas County Trust Program) to Bright Community Trust to purchase, renovate and sell a property at 203 South Neptune Avenue. The City also provided another loan to the agency in the amount of $157,571 ($142,909 HOME Program and $14,662 Pinellas County Trust Program). Another homebuyer project included Habitat for Humanity of Pinellas County. In this project, the City provided a loan totaling $200,000 for the agency to purchase vacant real property and build four new single family homes. The agency purchased the property and will begin construction in the next reporting period. The City’s Down Payment and Closing Cost Assistance Program provided new homebuyer opportunities to fifteen (15) families. Thirteen of the loans made to families had incomes between 50-80% of AMI, one of the families had income below 50% of AMI, and one had income between 80-120% of AMI. Fourth Program Year CAPER 10 DOWN PAYMENT AND CLOSING COST ASSISTANCE PROGRAM FY 14-15 Program Less than 50% AMI 50-80% AMI Over 80% AMI Total Units Home/SHIP Program 0 11 1 12 SHIP Program 1 1 0 2 NSP3 0 1 0 1 Total 1 13 1 15 Note: HOME Program funds require a local match, unless it is a CHDO Project. SHIP Program funds do not require a local match. The funds committed for the homebuyer strategy during this reporting period are as follows: Program Infill Down Total Payment Assistance HOME CHDO $98,922 $0 $98,922 HOME/CHT $195,849 $0 $195,849 HOME/SHIP $200,000 $285,140 $485,140 NSP3 $0 $45,000 $45,000 SHIP $0 $27,000 $27,000 Total $494,771 $357,140 $851,911 The City maintains a goal of trying to leverage resources. Through the expenditures of $357,140 in funding through the HOME, SHIP, CDBG, Non-HUD and County Housing Trust Fund, the City was able to leverage $1,579,707 in private sector/owner financing. This has resulted in a 4.42 ratio, for every dollar the city committed. d. Homeless Strategy Policy Direction The Pinellas County Homeless Leadership Board (HLB) is the lead agency for the Pinellas County/St. Petersburg/ Clearwater/ Largo Continuum of Care (CoC). It was created on February 1, 2012 and it assumed that role from the Pinellas County Coalition for the Homeless when it merged with the Homeless Leadership Network (HLN). Its mission is to prevent, reduce, and end homelessness in Pinellas County. The HLB was created by an Interlocal Agreement among: Pinellas County; the Cities of Fourth Program Year CAPER 11 Clearwater, Largo, Pinellas Park, St. Petersburg, and Tarpon Springs; the School Board of Pinellas County; the Pinellas-Pasco Public Defender’s Office; and the JWB/Children’s Services Board. The HLB has a minimum of 15 members and a maximum of 21 members, of which seven are elected officials. The remaining members represent business, service providers, the faith-based community, hospitals/medical care, a community leader, and a homeless/formerly homeless person. The roles and responsibilities of the HLB are: o Policy: Set and implement policies for the homeless services system and ensure the system and its parts adhere to them. o System Planning: Plan, implement, and advocate for design and critical activities of the Pinellas County system of services. o Oversight: Monitor and report on system and provider performance towards adopted community-wide goals/outcomes. o Accountability: Design, track, and report on outcomes and accountability measures to ensure resources are used effectively and homeless persons gain stable housing. o Operations: Perform all ‘Lead Agency’ responsibilities for federal and state homeless funding, such as the HUD Continuum of Care and the state’s homeless grants. o Financial: Administer funding from federal, state, and local public and private resources for homeless services, provide strategic alignment of local funding to best meet the county-wide service system needs, and secure additional resources. o Coordination: Coordinate planning, funding, and activities with existing bodies as much as possible, such as the Juvenile Welfare Board, the Low Income Housing and Health/Behavioral Health Networks, HUD-funded County and City Emergency Solutions Grants and CDBG funds, Pinellas County Health & Community Services, the Public Housing Authorities, etc. o Advocacy: Advocate for effective homeless/at-risk services at the local, state, and federal levels. There are two major Councils under the HLB with very specific roles. The Providers Council (made up of public and private homeless and at-risk service providers) develops recommendations to the HLB on issues affecting the homeless services system, addresses the needs of all target groups, and coordinates planning and recommendations with other community-wide planning groups. The Funders Council (composed of representatives from local and state governments, businesses, foundations, and other funders of services that affect all homeless/at-risk target groups) was created in August 2013 and develops recommendations to the HLB on funding of homeless/ at-risk programs and services and on strategically aligning funding resources available for homeless/at-risk programs and services based on HLB-approved priorities, to make the most effective use of scarce resources. In this fiscal year, the HLB continued its work with the Providers and Funders Council and confirmed the planning for a coordinated intake process. The HLB also approved its 2015 Strategic Plan in May 2015. According to the 2015 Point-In-Time Survey and Count of the homeless population in Pinellas County, the total number of homeless people was 3,387.Approximately Fourth Program Year CAPER 12 20.2% of the entire homeless population of Pinellas County was in Clearwater. The City of Clearwater continues its effort to address the root causes of homelessness in our community. We have completed year three of a comprehensive, holistic approach in an effort to reduce the number of homeless individuals and families in Clearwater by placing them into programming that will assist them in getting off the street. The national best practice has proven the key is to move from an “enablement model” to a comprehensive system of “engagement”. In Clearwater, there are three shelters that engage homeless individuals and families: HEP (Homeless Emergency Project, Inc.), RCS (Religious Community Services) and The Salvation Army Transitional Living Center. We need to dramatically expand on the success of these three agencies by engaging each and every homeless individual in our community. Additionally, Pinellas Safe Harbor and Pinellas Hope are two temporary shelters that serve the homeless population of Pinellas County. In addition to providing shelter and food which meet a homeless person’s basic needs, all these programs also provide life-skill classes, transportation for employment, job training, mental health and other services. In FY 2014-2015, City of Clearwater staff continued educating City employees and the general public on the city’s homeless initiative. Staff created a website listed in the City’s webpage (www.myclearwater.com/homelessinitiative). Additionally, staff created a handout in an effort to educate the residents about the main goal of the city’s homeless initiative, how they can assist the homeless population by giving a hand up and not a hand out, and provide the citizens with contact information of local social service providers. Fourth Program Year CAPER 13 In August 2012, the City created the Clearwater Homeless Street Outreach Team, which comprises of a Clearwater Police Officer and a social worker from Directions for Living. The team reaches out to homeless individuals and/or families on the street or at feeding sites and provides assistance to them (either by placing them in a shelter, or by providing transportation to Daystar Life Center, or by referring them to other services in Pinellas County). In FY 14-15, the Clearwater Homeless Services Street Outreach Team directly assisted 89 homeless individuals by transport to Safe Harbor, Pinellas Hope, HEP, and other services. For FY 2014-2015, the City of Clearwater, through its General Fund, contributed $100,000 to Pinellas Safe Harbor, $100,000 to Homeless Emergency Project, $27,500 to the Pinellas County Homeless Leadership Board, $25,000 to Pinellas Hope, $25,000 to Religious Community Services and $19,500 to The Salvation Army of Upper Pinellas. Operational Support The City provided CDBG funding to three agencies assisting the homeless in this reporting period -Religious Community Services, Inc.(RCS), Homeless Emergency Project (HEP) and Westcare GulfCoast Florida. Fourth Program Year CAPER 14 The chart below illustrates the non-housing homeless allocations and expenditures for FY 2014-15 and prior funds expended in this reporting year. These allocations resulted in many homeless individual/families being provided a place to live and obtain other essential services. FY 14/15 Budget FY 14/15 Expended Westcare GulfCoast Florida $12,000 $12,000 RCS – Grace House $68,000 $68,360 Homeless Emergency Project $15,000 $15,000 TOTAL $95,000 $95,360 Homeless Housing Actions Public Services and Facilities The City provided funding in the amount of $12,000 to Westcare GulfCoast Florida, Inc. for salary support to operate the Turning Point overnight shelter. The shelter provides an overnight facility for homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program that provides for a 24-hour sobering up area, intensive case management, and placement service. The agency’s goal was to serve 150 homeless Clearwater individuals. The agency expended $12,000 and assisted 193 homeless Clearwater individuals. The City provided funding in the amount of $50,360 to Religious Community Services, Inc. for renovation related costs to improve, repair or replace elements of three existing buildings to include roofing, windows and doors, water heaters, air conditioning units, refrigerators and washers and dryers. Grace House of RCS is a facility that provides emergency shelter to families with children that are homeless or at risk of becoming homeless. The agency’s goal was to serve 550 families. The agency expended $50,360 and assisted 278 families. The City also provided funding in the amount of $18,000 to Religious Community Services, Inc. in partial salary support for a Housing Director, Administrative Assistant/Case Manager and an Intake Specialist. The agency’s goal was to serve 690 homeless Clearwater individuals. The agency expended $18,000 and assisted 544 homeless Clearwater individuals. The City provided funding in the amount of $15,000 to Homeless Emergency Project for salary support to operate the transition housing program for the homeless. HEP provides emergency shelter, transitional housing, and family rental units for the homeless population. In addition to housing, the agency provides food, intensive case management, clinical services, free dental care, child care and other supportive services to the homeless. The agency’s goal was to assist 1,020 homeless individuals. The agency expended $18,000 and assisted 840 individuals. Fourth Program Year CAPER 15 e. Non-Homeless Special Needs Strategy Public Services and Facilities CDBG funds were provided in the amount of $18,000 to Pinellas Opportunity Council to administer their Chore Services Program. Through this program, various chore services were provided to 65 elderly, frail-elderly, developmentally-disabled and physically-disabled individuals to assist them in remaining in their home. 3. AFFIRMATIVELY FURTHERING FAIR HOUSING The City of Clearwater is no longer directly enforcing fair housing laws. The responsibility has been assigned to the Pinellas County Human Relations Department since their office investigates and makes recommendations on all Fair Housing issues for other areas of Pinellas County with the exception of the City of St. Petersburg. The City plays an active role in affirmatively furthering Fair Housing by adhering to the Human Rights Ordinance that Pinellas County adopted in 1984. Pinellas County maintains an Interlocal Agreement with the City of St. Petersburg for the enforcement of the ordinance. The City of St. Petersburg handles enforcement south of Ulmerton Road and Pinellas County enforces north of Ulmerton Road. In 2002, the City of Clearwater, along with the cities of St. Petersburg and Largo, and Pinellas County formed a Fair Housing Partnership to coordinate efforts countywide to support and expand the availability of housing to all, regardless of familial status, national origin, race, accessibility, and disability. The partnership’s tools for furthering this effort are educational programs, training, testing, assessments, and enforcement through the appropriate channels. The partnership meets periodically to review programs and to set and review goals. The City remains active in the provision of affordable and accessible housing and promotion of home ownership. The City provides information concerning home ownership, home financing, and home repairs in printed matter and has worked with our Public Communications Department to provide information in a variety of other mediums. On April 17, 2015, the City partnered with the Bay Area Apartment Association, Bay Area Legal Services, the cities of Largo, St. Petersburg and Tampa, Greater Tampa Association of Board of Realtors, Gulf Coast Legal Services, Hillsborough County Equal Opportunity Administration and Pinellas County Office of Human Rights (Tampa Bay Fair Housing Consortium) to sponsor an Annual Fair Housing Certificate Program. The City provided sponsorship for programs providing workshops on Fair Housing, Accessible Home Design, Landlord-Tenant Rights and Responsibilities, and Real Estate Sales and Rentals. Fourth Program Year CAPER 16 Fourth Program Year CAPER 17 a. Sale or Rental of Housing Fair Housing complaints received by the Pinellas County Office on Human Rights/Human Relations indicate that discrimination in the sale or rental of housing and provision of housing brokerage services does occur. The City hopes to partner with other local government agencies and conduct a study to determine the level of discrimination. b. Public Policies The high percentage of build-out in the City affects the availability of suitable land for multi-family and affordable single-family development. The City’s Community Development Code, design standards, adequate public facility (concurrency) ordinance and building code requirements influence the feasibility of affordable housing projects. Development regulations can limit the potential use of small or irregular infill parcels for affordable housing or increase costs associated with site development and construction. c. Administrative Policies Administrative policies generally support Fair Housing. These include: 1. Marketing housing programs in targeted areas. 2. Providing citywide homebuyers’ assistance and education. 3. Placing educational material on the Housing Division’s webpage. 4. Carefully reviewing where affordable housing developments will be located. 5. Avoiding a concentration of very-low to moderate-income households in multi-family developments. d. Actions Taken To Overcome Impediments In 1995, the U.S. Department of Housing and Urban Development (HUD) announced that entitlement communities, communities receiving direct federal funding from Community Development Block Grant, HOME Investment Partnership and Emergency Shelter Grant programs, must conduct a study of existing barriers to housing choice. This required study is referred to as the Analysis of Impediments (AI) and is part of entitlement communities consolidated planning process. The purpose of the AI is to examine how state and local laws, private, public and non-profit sector regulations, administrative policies, procedures, and practices are impacting the location, availability, and accessibility of housing in a given area. The AI is not a Fair Housing Plan rather it is an analysis of the current state of fair housing choices in Clearwater and identifies specific barriers that need to be addressed if future fair housing initiatives are to be successful. Each jurisdiction receiving federal funds must certify that it is affirmatively furthering fair housing. The certification specifically requires jurisdictions to conduct an analysis of impediments to fair housing choice within the state or local jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. Evaluating fair housing impediments is a complex process involving diverse and wide-ranging considerations. The role of economics, housing patterns, and personal Fourth Program Year CAPER 18 choice are important to consider when examining fair housing choice. Clearwater has relatively few impediments to fair housing. However, some issues were identified. On July 22, 2010, the cities of St. Petersburg, Largo and Clearwater and Pinellas County procured the services of J-Quad Planning Group, a fair housing consultant, to conduct an analysis of impediment to fair housing choice for each entity. The result of that analysis is listed below. The analysis of fair housing choice in the City has resulted in the identification of impediments, identified through a study methodology that included conducting focus group sessions, the construction of a demographic analysis resulting in a community profile and fair housing index, analysis of the Home Mortgage Disclosure Act (HMDA) data for the City and Pinellas County and a fair housing law and public policy and program review. The City’s commitment to furthering affordable housing through planning and CDBG/HOME program design and implementation is noteworthy. These efforts will continue to help maintain stability and strengthen its older and lower-income areas. The City and its nonprofit partners are encouraged to expand these efforts into other neighborhoods as a primary means of expanding fair housing choice. Banking, Finance, Insurance and Other Industry Related Impediments Impediment: Impacts of the Sub-prime Mortgage Lending Crises and increased Foreclosures. Remedial Action: Continue to work with the State, National Non-Profit Housing Intermediaries, Federal Home Loan Bank, other lenders and HUD to evaluate programs and identify funding that can help reduces the mortgage default rate and foreclosure rates among low and moderate-income home buyers and existing home owners. Impediment: Low number of loan applications from minorities and low origination rates for minority applicants. Remedial Action: Continue homebuyer outreach and education efforts. Expand homeownership and credit counseling classes as part of a high school curriculum in order to help prevent credit problems later in life. Impediment: Predatory lending and other industry practices. Remedial Action: Continue to encourage financial institutions to assist low to moderate-income persons by establishing or reestablishing checking, saving, and credit accounts for residents that commonly utilize check cashing services through bank initiated “fresh start programs” for those with poor credit and previous non- compliant bank account practices. Socio-Economic Impediments Impediment: Poverty and low-income among minority populations. Fourth Program Year CAPER 19 Remedial Action: Continue to work on expanding job opportunities through the recruitment of corporations, the provision of incentives for local corporations seeking expansion opportunities, and the assistance with the preparation of small business loan applications. Support agencies that provide workforce development programs and continuing education courses to increase the educational level and job skills of residents. Neighborhood Conditions Related Impediments Impediment: Limited resources to assist lower income, elderly and indigent homeowners maintain their homes and stability in neighborhoods. Remedial Action: Continue to support and expand program of Self-Help Initiatives based on volunteers providing housing assistance to designated elderly and indigent property owners and assist them in complying with municipal housing codes. Involve volunteers, community and religious organizations/institutions and businesses as a means of supplementing financial resources for housing repair and neighborhood cleanups. Public Policy Related Impediments There were no Public Policy Related Impediments. The City funds programs that offer free classes for persons desiring to become homeowners. The Pinellas Realtor Organization subscribes to the Voluntary Affirmative Marketing Agreement (VAMA) and works to educate its members about Fair Housing. Training and marketing materials have been videotaped and translated into American Sign Language and Spanish. The City promotes home ownership and education at various homebuyer fairs and expositions. The City also provides funding to Community Service Foundation to provide Fair Housing Education. In addition to the Human Relations Department, the City is working with Pinellas County Realtors through the VAMA Program to further fair housing opportunities in real estate transactions. To further these efforts of the VAMA, the Pinellas County Board of Realtors enlisted the services of the Community Housing Resource Board to focus on the federal, state and local enforcement agencies, housing industry groups and volunteer community groups working together to promote fair housing practices. These efforts include: Providing public information on fair housing Assessing community fair housing needs and identifying local problems and issues that impede equal housing opportunity Evaluating performance and effectiveness of the VAMA Expanding minority involvement in the real estate industry Expanding public awareness of housing opportunities in the community Developing cooperative solutions to problems associated with the implementation of the VAMA Other actions during FY 2014-15 include: Continued support of Pinellas County Human Relations Department, Pinellas County Board of Realtors, and the Community Housing Resource Board. Fourth Program Year CAPER 20 Continued to work with the local committee of American with Disabilities to view housing related issues for homeowners, renters, or homebuyers with disabilities. Provided funding in the amount of $12,000 to Gulf Coast Legal Services to implement a fair housing program that offers counseling services, initial needs assessment, rental eviction intervention, and marketing of fair housing programs. The agency assisted 280 individuals. Provided funding in the amount of $4,000 to Community Service Foundation to administer a fair housing program. The agency assisted 120 individuals. The Pinellas County anti-discrimination effort focuses on public information and enforcement of fair housing regulations and the County’s Human Rights Ordinance. The County publishes a Housing Resource Directory that includes an overview of fair housing law, information about reasonable accommodation and accessibility, and a list of state and local enforcement agencies. The County produces a brochure entitled, Fair Housing in Pinellas County, and distributes approximately 5,000 copies annually. Below market rate mortgages, down payment and closing cost assistance are readily available through the County’s Housing Finance Authority and through other agencies. The County is also active in providing and promoting affordable housing, providing low-cost funds for home purchase or repair, and modifications to homes to make them accessible to persons with disabilities. The City directs significant resources to expand the supply of affordable rental housing and partners with a variety of for-profit and non-profit developers and the Housing Finance Authority of Pinellas County. The City also assists developers with a variety of incentives aimed at reducing development costs, impact fees, and regulatory impediments (including providing bonus densities for creating affordable housing). The City encourages mixed-income, multi-family developments to develop affordable housing in areas that are not predominantly low to moderate-income areas as part of a continuing effort to deconcentrate poverty. Funding is denied to developers who do not provide mixed-income housing where the effect could be to racially or economically segregate low-income households. 4. LEVERAGING RESOURCES The City’s efforts to provide affordable housing and other services to very low to moderate-income families have resulted in leveraging a great amount of additional resources. Through the Infill Housing and Down Payment Assistance Programs, the City continues to work closely with the lending and housing non-profits in the community to leverage private investment in home ownership. (Please see Homebuyers Section for accomplishments). In addition, Tampa Bay Community Development Corporation provides homeownership counseling to support our housing programs. The funds committed for the homebuyer strategy during this reporting period are as follows: Fourth Program Year CAPER 21 Program Infill Down Total Payment Assistance HOME CHDO $98,922 $0 $98,922 HOME/CHT $195,849 $0 $195,849 HOME/SHIP $200,000 $285,140 $485,140 NSP3 $0 $45,000 $45,000 SHIP $0 $27,000 $27,000 Total $494,771 $357,140 $851,911 The City maintains a goal of trying to leverage resources. Through the expenditures of $357,140 in funding through the HOME, SHIP, CDBG, Non-HUD and County Housing Trust Fund, the City was able to leverage $1,579,707 in private sector/owner financing. This has resulted in a 4.42 ratio, for every dollar the city committed. 5. CONTINUUM OF CARE NARRATIVE The City works closely with the Pinellas County Leadership Board and the Homeless and various other homeless services providers in addressing the needs of the City’s Homeless. The City listed Continuum of Care issues as a high priority in the Consolidated Plan. A total of $50,360 was provided to Religious Community Services – Grace House for renovation related costs to improve, repair or replace elements of three existing buildings to include roofing, windows and doors, water heaters, air conditioning units, refrigerators and washers and dryers. Grace House of RCS is a facility that provides emergency shelter to families with children that are homeless or at risk of becoming homeless. The agency’s goal was to serve 550 families. The agency expended $50,360 and assisted 278 families. CDBG funds were provided in the amount of $18,000 to the Pinellas Opportunity Council to administer their Chore Services Program. Through this program, various chore services were provided to 65 elderly, frail-elderly, developmentally-disabled and physically-disabled individuals to assist them in remaining in their home. The City provided funding in the amount of $12,000 to WestCare GulfCoast Florida, Inc. for salary support to operate the Turning Point overnight shelter. The shelter provides an overnight facility for homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program that provides for a 24-hour sobering up area, intensive case management, and placement services. The agency’s goal was to serve 150 homeless Clearwater individuals. The agency assisted 193 individuals. The City provided funding in the amount of $18,000 to Religious Community Services, Inc. in partial salary support for a Housing Director, Administrative Assistant/case Manager and an Intake Specialist. The agency’s goal was to serve 690 homeless Clearwater individuals. The agency expended $18,000 and assisted 544 homeless Clearwater individuals. Fourth Program Year CAPER 22 The City provided funding in the amount of $15,000 to Homeless Emergency Project for salary support to operate the transition housing program for the homeless. HEP provides emergency shelter, transitional housing, and family rental units for the homeless population. In addition to housing, the agency provides food, intensive case management, clinical services, free dental care, child care and other supportive services to the homeless. The agency’s goal was to assist 1,020 homeless individuals. The agency expended $15,000 and assisted 840 individuals. The City did not receive any applications for direct support for providing housing opportunities for persons with HIV/AIDS. The City will continue to outreach to agencies that provide services to this community. 6. CITIZENS PARTICIPATION The City maintains a Neighborhood and Affordable Housing Advisory Board to encourage public participation. The Board meets periodically to discuss and make recommendations to City staff and the City Council on housing-related issues. The City Clerk’s Office maintains minutes from the meetings. The City has not received any citizen comments on the Proposed FY 2014-15 CAPER. 7. OTHER ACTIONS a. Fostering and Maintaining Affordable Housing The City has been very proactive in fostering and maintaining affordable housing. Although the City cannot control the cost of labor, goods or land costs, the City continues to look for new and creative ways to address the issue of affordability. Some of the steps the City has taken in the past and/or is currently doing include: Design homes that are practical and efficient Provide financing at below market rates, zero percent and/or deferred payment loans Fund subrecipients to acquire vacant properties and build affordable houses Work with subrecipients to acquire homes foreclosed by HUD and resell them as affordable housing units Pay for infrastructure improvements with general revenue funds Change the City’s Development Code to address other development issues Work with the local housing authority to buy property and resell for affordable housing Work with developers to put together applications for funding through the Low-Income Housing Tax Credit Program, State of Florida Housing Bond Program and other resources to build or rehabilitate rental units for affordable housing b. Barriers to Affordable Housing In the early years (1992 – 1995) of the City’s SHIP Program, the Clearwater's Affordable Housing Advisory Committee (AHAC) reviewed the following areas to identify potential barriers to affordable housing: Affordable Housing Definitions Fourth Program Year CAPER 23 Permit Processing Impact Fee Requirements Infrastructure Capacity Residential Zoning Density Transfer of Development Rights On-Site Parking and Setback Requirements Zero-Lot Line Development Sidewalk and Street Requirements Regulatory Review Processes Inventory of Lands Suitable for Affordable Housing Development The City began receiving SHIP Program funding in 1992 when the Florida Legislature adopted the Sadowski Act. The SHIP Program is a dedicated source of affordable housing funds that are provided annually to cities and counties within the State of Florida. One of the driving forces behind the passage of the Sadowski Act was the Florida Homebuilders and Contractors Associations. As a result of their lobbying effort, SHIP jurisdictions each year must expend 75% of their funds, entitlement and recaptured funds, on activities that involve construction and/or rehabilitation of homes, and in addition, 65% of the funds, entitlement and recaptured funds, must result in homeownership. A major requirement of the SHIP Program, as well as a condition of receiving continued funding, was each jurisdiction had to adopt affordable housing incentives that would assist in the implementation of their affordable housing activities. Each SHIP entitlement community was required to adopt an Affordable Local Housing Incentive Strategy (LHIS), which contained, at a minimum two statutory required incentives: 1. Assurance that permits as defined in Chapter 163.3164(7) and (8) F.S. for affordable housing projects are expedited to a greater degree than other projects; 2. An ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption (420.9071(16) F.S.). During the 2007 legislative session, the Florida legislature passed House Bill 1375. Under this bill, approval was granted for the creation of Section 420.9076 of the Florida Statute. This statute requires counties and cities receiving SHIP funds to appoint an eleven member Affordable Housing Advisory Committee (AHAC). The statute further provides that the committee be made up of members from a specific industry or a specific group as identified in the statute. The requirement was largely met through the use of the City’s existing NAHAB. The City Council adopted Resolution No. 08-15 that created and appointed the AHAC. The duties of the AHAC included reviewing policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan and recommending specific actions or initiatives to encourage or facilitate affordable housing. Per state statute, at a minimum, the AHAC reviewed and made recommendations on the following: Fourth Program Year CAPER 24 1. The processing of approvals of development orders or permits, as defined in F.S.163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. 2. The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. 3. The allowance of flexibility in densities for affordable housing. 4. The reservation of infrastructure capacity or housing for very-low income persons, low-income persons, and moderate-income persons. 5. The allowance of affordable accessory residential units in residential zoning districts. 6. The reduction of parking and setback requirements for affordable housing. 7. The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. 8. The modification of street requirements for affordable housing. 9. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. 10.The preparation of a printed inventory of locally owned public lands suitable for affordable housing. 11.The support of development near transportation hubs and major employment centers and mixed-use developments. In July 2008, the Economic Development and Housing Department contracted with Wade Trim, Inc. to help facilitate the process. Wade Trim coordinated the preparation of the Local Housing Incentive Strategy in cooperation with City staff and the AHAC. The LHIS encompasses the definition, vision, strategic focus areas and incentive recommendations in order to facilitate the development of affordable housing in the City. The AHAC convened on four occasions in order to develop and identify the value of affordable housing, identify the principles for Clearwater’s affordable housing and develop a vision statement to be included as part of the LHIS. A separate focus group consisting of for-profit and non-profit affordable housing developers was organized in order to gain additional insight and recommendations concerning the incentive strategies. The report highlighted an affordable housing vision statement that was derived from input by board members. Additionally, AHAC members focused on the values that affordable housing brings to the City. The themes identified centered on the values that affordable housing supports a dynamic and competitive economy, improves the social well being that builds a sense of community, and ensures that the City’s workforce can live within the City limits. Furthermore, the AHAC also identified and recommended provisions that would identify adaptive reuse practices, require triennial updates to the City’s Local Housing Incentives Strategy, support design standards for affordable housing developers, improve communication and marketing channels for affordable housing, diversify financing resources, and support development of public and private partnerships for the provision of affordable housing. By statute, the initial report was submitted to the City Council by December 30, 2008. After the initial submission, the reports become due every three (3) years on December 31st of the year preceding the submission of the Local Housing Assistance Plan (LHAP). Fourth Program Year CAPER 25 The City Council reviewed the LHIS recommendations that were approved by the AHAC on November 19, 2008. The City Council adopted an amendment to the LHAP to incorporate the local housing incentive strategies it will implement for the City. The amendment included the state required incentive strategies specified above. Upon approval, the City notified the state of its adoption of an amendment to its LHAP to incorporate the incentive strategies. The notice included a copy of the approved amended plan in order to comply with the SHIP programs participation guidelines. In future years, as part of the monitoring process conducted by the State of Florida, the monitors will be evaluating how local jurisdictions are implementing their affordable housing incentives in order to ensure they are meeting their statutory obligations. These evaluations will analyze the process and policies that all affordable housing projects go through from start to finish. This process is not totally exclusive to affordable housing projects using SHIP dollars, but any affordable housing project taking place in the City, regardless of the funding source. For fiscal year 2013-2014, The Florida Legislature did not award any dollars from the dedicated revenue source to the SHIP Program, however, the legislature created Senate Bill 1852 from the National Mortgage Settlement. The City received $158,624 from the national mortgage settlement for fiscal year 2013-2014. The money received from the settlement was to be used according to SHIP statutes, rules and the parameters of the City's local housing assistance plan. Senate Bill 1852, provided a shortened expenditure deadline for fiscal year 2013-2014, and required that twenty (20) percent of the allocation received should be used for special needs households. All local governments provided with fiscal year 2013-2014 settlement funds must submit to Florida Housing Finance Corporation their close out annual reports by October 31, 2015. These annual reports provide details of how funds were expended. For fiscal year 2013-2014, the Housing Division used the $158,624 from the mortgage settlement received from the State and over $128,960 in SHIP program income to assist 24 households and met the fundamental requirement of Senate Bill 1852 by assisting over 10 special needs households. In June 2015, the City submitted a new Local Housing Assistance Plan (LHAP) and closed out the FY 12-13, FY 13-14 and FY 14-15. The Plans are intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs c. Managing the Process As part of the review process for proposed policies, regulations, plans and programs, the sponsoring City department requests the Economic Development and Housing Department to analyze the economic impact of the action proposed as it pertains to the cost of housing. The analysis shows the estimated increase in cost to an average home. The analyses are maintained on file in the Housing Division of the Economic Development and Housing Department. The City holds public hearings and meetings to obtain citizen input and to respond to Fourth Program Year CAPER 26 citizen proposals and inquiries about activities and program performances. Citizens and other City stakeholders have emphasized the need to consider the City’s diverse interests in the establishment of goals, objectives, policies and priorities; the identification of new projects and programs; and in the application, monitoring and evaluation of existing programs. Typically, the Economic Development and Housing Department staff meets with prospective affordable housing developers to determine the level of assistance and project needs. If the developer proceeds with a project, staff facilitates the plan review and permitting process through the Planning, Building and Engineering Departments. This allows the Economic Development and Housing Department to troubleshoot and streamline the process. Below is a section from the City’s Expedited Processing and Ongoing Review Policy. d. Expedited Processing i. Building Department All affordable housing projects, as defined in Chapter 163.3164(7) and (8) F.S., that are located within the City limits are required to include with their application for a building permit a request for Expedited Processing. A copy of this request must be provided to the Building Official and to the Director of the Economic Development and Housing Department. Expedited Processing affords eligible projects priority over projects without this status. When an affordable housing project receives approval, the Building Division notifies the Director who, in turn, will document the timeframe for the application process. ii. Planning Department The Planning Department will follow the City of Clearwater - Community Development Code when processing all affordable housing applications for activities that require rezoning, land-use amendments, variances, development orders, etc. Under the Code, all projects are reviewed and may be scheduled for the next meeting of the Development Review Committee (DRC – staff level review) and if needed, the Community Development Board (CDB). Many applications can be decided at the staff level and may not need to go DRC and/or CDB. When affordable housing projects and/or applications are submitted that can be decided at the staff level, they shall receive priority and be reviewed before any non-affordable housing project and/or applications. Applicants must indicate that the project will be an affordable housing development and/or project. The Planning Department has and will continue to implement, where possible, the expedited plan amendment process for large-scale amendments related to the provision of affordable housing. e. Comprehensive Plan Analysis The City’s Comprehensive Plan includes a state mandated housing element that analyzes the City’s existing and projected housing need. The element contains goals, objectives and policies that work in tandem with other housing policy documents. Fostering and maintaining an affordable housing supply is one of the element’s primary goals. The goal is supported by policies that aim to reduce barriers to public and private sector construction of affordable units. Fourth Program Year CAPER 27 The Economic Development and Housing Department coordinated with the Planning Department in 2005 for the preparation of the Evaluation and Appraisal Report (EAR) for the Comprehensive Plan. A focus of the EAR was affordable housing. In this regard, the EAR included an assessment of the successes and shortcomings of the City’s affordable housing policies and programs, along with recommendations for improvement. The EAR recommendations were addressed in a major update of the Comprehensive Plan in 2007-2008. As part of the review process, the City formed a Citizen Advisory Committee (CAC) to provide direction in the EAR. The CAC, along with a consultant (Wade Trim, Inc.), established identification of data needs and methods of compilation, meetings, methodology of comprehensive issues analysis, and coordination with other city departments. The results were provided to the City’s Planning Department. The Planning Departments recommendations were approved by the City Council. f. Lead Based Paint Lead based paint continues to be a serious problem throughout cities across America. It is usually prevalent in homes built prior to 1978. Clearwater’s housing stock is relatively new with the average home being built after 1970. However, the City still maintains that lead based paint is a serious issue and conducts housing inspections to determine if there are defective paint surfaces. If lead conditions are present, the lead paint is either removed or covered in a manner described by HUD. The City will continue its effort to rid structures of lead based paint and will inspect any homes built prior to 1978 for any presence of lead based paint. The City will continue to test and remove all lead based paint surfaces in structures that are being rehabilitated under our programs that are using federal funds. The City will use the services of the Pinellas County Environmental Department to test all structures with defective paint surfaces and the local Health Department to test children for elevated blood levels. The Willa Carson Community Health Resource Center continues to participate with the City by providing a meeting area for neighborhood based education programs, disseminating information on the hazards of lead based paint, and blood screenings. The City places information about lead based paint and safety on the City’s Housing Division website. Program activities include: Assurance that children identified as at risk receive blood lead testing and the child with elevated lead levels receives follow-up care Promotion of a public awareness campaign through education via physicians and the community and disbursement of educational materials Routine placement of educational materials on the City’s Housing Division webpage Assessment of homes at risk to identify lead hazard control services to eliminate hazards identified in homes Initiation of supportive lead hazard control services to eliminate hazards identified in homes Evaluation of prevention activities to measure the impact and outcome of program services and intervention efforts in the community Fourth Program Year CAPER 28 g. Poverty Level Assessment The City realized that the most effective way to reduce the number of persons below the poverty level was to increase their income through providing employment opportunities. The City provides funding to support service organizations that reduce impediments for families allowing them to rise above the poverty level. The City provides economic development opportunities to non-profit and for-profit businesses that agree to hire lower-income individuals. Through the coordination of programs, including the Environmental Protection Agency, State Brownfields Redevelopment initiatives, Juvenile Welfare Board, United Way, the Eckerd Foundation, Pinellas County WorkNet, and the University of South Florida, the City will continue to expand its efforts to reduce impediments. h. Institutional Structure To overcome gaps in institutional structures and enhance coordination, the City provided local lenders with information relative to the City’s housing programs. Together we are able to provide home ownership and homebuyer opportunities for very-low to moderate-income families. The City and its subrecipients pre-qualify clients to the lender's and City’s specifications and provides financing in the form of down payment assistance. i. Public Housing and Residential Initiatives The City understands the benefits of improving public housing and resident initiatives. To improve the lives of families residing in public housing the City targeted the children to break the cycle. The City will continue to work and strengthen our relationship with the Clearwater Housing Authority (CHA) to foster innovative public housing developments, potential joint ventures and residential initiatives. During this reporting period, the Clearwater Housing Authority assisted 1,125 families per month through their Housing Choice Voucher Program, expended $10,108,421 in Housing Assistance Payments, assisted 1,029 families through its Public Housing Program and listed $1.68 million dollars in expenditures. 8. HOUSING a. Housing Needs The City has been very proactive in fostering and maintaining affordable housing. Although the City cannot control the cost of labor, goods or land costs, the City continues to look for new and creative ways to address the issue of affordability. Some of the steps the City has taken in the past and/or is currently doing include: Design homes that are practical and efficient Provide financing at below market rates, zero percent and/or deferred payment loans Fund subrecipients to acquire vacant properties and build affordable houses Work with subrecipients to acquire homes foreclosed by HUD and resell them as affordable housing units Fourth Program Year CAPER 29 Pay for infrastructure improvements with general revenue funds Change the City’s Development Code to address other development issues Work with the local housing authority to buy property and resell for affordable housing Work with developers to put together applications for funding through the Low-Income Housing Tax Credit Program, State of Florida Housing Bond Program and other resources to build or rehabilitate rental units for affordable housing b. Specific Five-Year Housing Objectives Housing Objective One: Build 25 new mixed-income rental units in conjunction with ongoing redevelopment/revitalization projects. Federal Funds: HOME/CBDG State/Other Funds: SHIP, FHFC programs Housing Objective Two: Acquire and/or rehabilitate 40 units in small rental complexes for mixed-income affordable rental housing. Federal Funds: HOME/CBDG State/Other Funds: SHIP, FHFC programs Housing Objective Three: Preserve the existing housing stock by rehabilitating 50 units owned by low-income owner households. Federal Funds: HOME/CBDG State/Other Funds: SHIP Housing Objective Four:Preserve the existing housing stock by funding the acquisition and rehabilitation/expansion of 25 existing units for new low-income owner households. Federal Funds: HOME State/Other Funds: SHIP Housing Objective Five: Provide direct down payment/closing cost assistance to 80 low and moderate-income homebuyers. Federal Funds: HOME State/Other Funds: SHIP, HFA Bonds Housing Objective Six: Construct 80 new affordable, for sale, in-fill units in support of the City’s ongoing revitalization/redevelopment activities. Federal Funds: HOME/CDBG State/Other Funds: SHIP Housing Objective Seven: Provide credit counseling and homeownership training assistance to 80 perspective low-income homebuyers. Fourth Program Year CAPER 30 Committed Projects c. Housing Accomplishments During FY 2014-15, the City made a total of thirteen owner-occupied rehabilitation loans with CDBG, HOME and SHIP Program funds. There were two CDBG loans, seven SHIP only loans, one SHIP/CDBG loan and three HOME/SHIP loans. During this reporting period, two CDBG-only loans were provided to one family at very low income and one family at low income. The seven SHIP-only loans were provided to three families with very low to incomes, one family with low income and three with moderate incomes. The one SHIP/CDBG loan was made to a low income family. The three HOME/SHIP loans were made to one very low income family and two low income families. Homeowner rehabilitation produced $64,383 in loans from the CDBG Program with an additional $188,483 in SHIP funds and $32,648 in HOME funds. The total loans from all funds were $285,514. The City offers several programs that help make housing more affordable to very-low and moderate-income homebuyers. The City’s Home Ownership Program lends funds to purchase land, provide down payment assistance, pay impact fees, pay disposition and closing costs, and build new homes for income eligible home buyers. Goals Actual FY 2011/12 Actual FY 2012/13 Actual FY 2013/14 Actual FY 2014/15 Actual FY 2015/16 Total Build Mixed Income Rentals 25 5 14 0 75 94 Acquire/Rehab Mixed Income Rentals 40 256 0 0 1 257 Rehab Low- Income Owner Housing 50 14 7 8 13 42 Acquire/Rehab Low-Income Housing 25 0 3 0 2 5 Down Payment Assistance Low-Income Housing 100 14 18 19 15 66 Build New Affordable Housing 80 26 12 3 4 45 Housing Counseling 80 13 18 19 121 171 Total Housing Units 320 315 54 30 110 509 Fourth Program Year CAPER 31 Funds in this program are also available to approved non-profit agencies financing their clients home ownership needs. Currently these agencies include: Habitat for Humanity of Pinellas County Habitat for Humanity of Pinellas County Community Housing Development Organization, Inc. Bright Community Trust, Inc. Kimberly Home Tampa Bay Community Development Corporation In this reporting period, $98,922 in CHDO HOME funds was expended by Bright Community Trust, Inc. These funds were used to acquire two single family homes. The City’s Down Payment and Closing Cost Program provided new homebuyer opportunities to fifteen (15) families. Of all the families assisted, one had income that was very low, one had income that was moderate and the others had incomes that were low income. The City provided public service funds through the CDBG Program for home buyer counseling programs. The agencies awarded the funding included Tampa Bay Community Development Corp. and Community Service Foundation. TBCDC received $4,830 and assisted 73 families. The Community Service Foundation received $1,890 and assisted 33 families. The City also provided housing counseling services to homebuyers who participate in the HOME Homebuyer’s Program. All of the education and counseling programs were funded through the HOME Program. Fifteen families participated in HOME Homebuyer’s Program through TBCDC. The City provided TBCDC with a one-thousand dollar fee per loan for the counseling services. 9. HOME Program a. Assessment of Relationship of HOME Funds The City received an allocation of $299,956 in HOME Entitlement Funds for FY 2014-15. The majority of the funds were set aside for housing development. The table shows how funds for the entitlement allocation were budgeted this reporting period: Activity Allocation Expended from Allocation Subrecipient Housing Pool $224,967 0 Community Housing Development Organizations $44,994 0 Program Administration $29,995 $29,995 TOTAL $299,956 $29,995 Funds set aside in the Subrecipient Housing Pool may be used for homeownership rehabilitation; new single-family housing construction, down payment and closing cost assistance, acquisition of real property and other related housing costs. Funds Fourth Program Year CAPER 32 set aside for the Community Housing Development Organization were awarded to Bright Community Trust, Inc. The table lists the activities by which the funds were expended during this reporting period with the FY 2014-15 entitlement allocation, program income and reprogrammed funds from prior years. Activity Expended Rehabilitation Owner-Occupied $37,644 Administration/Program Delivery Costs $43,115 Rental Housing Rehabilitation $0 Community Housing Development Organizations $0 Down Payment and Closing Costs Assistance $225,831 New Construction/Single Family $731,024 New Construction/Rental $0 Acquisition/Rental $0 Total $1,037,614 The City has two (2) certified Community Housing Development Organizations (CHDOs); Pinellas County Habitat for Humanity Community Housing Development Organization, Inc. and Bright Community Trust. The City is currently soliciting other organizations to become eligible as a CHDO. FY2014-2015 Consolidated Annual Performance & Evaluation Report (CAPER) Community Development Block Grant And HOME Investment Partnership Programs Budget and Expenditure Summary Prior Year plus Reprogrammed Remaining Activity Budget Funds Total Funds Expended Balance HOME Program Administration $ 29,995 $ 13,120 $ 43,115 $ 43,115 $ - HOME Program Housing (Housing Pool) *$ 224,967 $ 746,625 $ 971,592 $ 891,284 $ 80,308 HOME Acquisition, Transitional Housing $ - $ - $ -$ - $ - Community Housing Development Org. (CHDO)$ 44,994 $ 98,921 $ 143,915 $ 98,921 $ 44,994 Rental Housing Development-HOME $ - $ - $$ $ - Fourth Program Year CAPER 33 TOTAL $ 299,956 $ 858,666 $1,158,622 $ 1,033,320 $ 125,302 *Expenditures include Program Income from prior years b. HOME Match Report Please see Match Report in Appendix under “IDIS Reports”. c. HOME Inspections, Affirmative Marketing Actions, Outreach to Minority and Women Owned Businesses Twelve rental housing developments were or will be subject to HOME monitoring inspections. The housing developments include Wellington Apartments, Fulton Avenue Apartments, Lexington Apartments, Homeless Emergency Project – SRO 1, Homeless Emergency Project – SRO2, Abilities at Morningside 1, Abilities at Morningside 2, Homeless Emergency Project – Veterans Apartments, Prospect Towers, Inc., Norton Apartments, Pine Berry Senior Apartments, and Alpine. All housing developments provided affordable housing to low to moderate-income tenants. The monitoring visits did not show any areas of non-compliance. 10. OTHER HOUSING PROGRAMS a. State Housing Initiatives Partnership (SHIP) Program During FY 2014-15, the City committed the following dollars in association with the development and preservation of loans for housing units for low to moderate-income families with down payment and closing cost assistance for new and existing units. Down Payment and Closing Cost Assistance Loan Program SHIP Funds Expended $98,285 Other Public Funds Expended $0 Owner/Private Funds Expended (all funds)$1,579,707 TOTAL $1,677,992 The City’s Down Payment and Closing Cost Program provided new homebuyer opportunities to fifteen families. Of all the families assisted, one had income that was very low, one had income that was moderate and the others had incomes that were low income. Two families were assisted through SHIP-only loans. Twelve loans were made with HOME/SHIP funds. One loan was made with NSP-3 funding. Fourth Program Year CAPER 34 Owner-Occupied Rehabilitation Loan Program SHIP Funds Expended 188,483 TOTAL $188,483 Seven SHIP-only loans were provided to three families that were very low income, one family that was low income and three that were moderate income. There were three SHIP/HOME loans. Two were provided to families that were low income and one was to a family that was very low income. There was one SHIP/CDBG loan and it was provided to low income family. There were two CDBG only loans provided. One was to a low income family and the other was to a very low income family. A total of $604,016 in total revenues (allocation, program income and recaptured funds) was deposited into the SHIP Fund during FY 2014-15. These funds were generated through the following: State Annual Distribution $442,764 Program Income $161,252 TOTAL $604,016 b. Emergency Shelter Grants Program The City does not receive any Emergency Shelter Grant Funds. C. Neighborhood Stabilization Program 3 Pursuant to federal regulations published in the Federal Register at 75 FR 64322 and regarding Title III of the Housing and Economic Recovery Act of 2008, as amended, and in accordance with Title XII of Division A of the American Recovery Act of 2009, as amended, additional funds were allocated under Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010 for the Neighborhood Stabilization Program 3 (NSP 3) and those established at 24 CFR Part 91 require the City of Clearwater to amend its FY 2010-11 Action Plan to incorporate the proposed FY 2010-11 Neighborhood Stabilization Program Action Plan. The U. S. Department of Housing and Urban Development awarded the City of Clearwater $1,385,801 in funding through the NSP 3 Program. The NSP 3 Program is designed to stabilize neighborhoods that have been and continue to be damaged by the economic effects of properties that have been foreclosed or abandoned. The program integrated the following principals: Retain the Community Development Block Grant distinctive requirements Target and reconnect neighborhoods Rapidly arrest neighborhood decline Assure deep targeting requirements Ensure continued affordable housing Support projects that optimize economic activity Build inclusive and sustainable communities Coordinate planning and resources Leverage resources Fourth Program Year CAPER 35 The NSP 3 Program has established five allowable housing strategies for funding. They include using the funds for housing related financing mechanism, acquisition and rehabilitation, land banking, demolition, and redevelopment. The City utilized its funding in the following manner: Activity Amount # of Units Redevelopment $1,247,221 20 Administration $138,580 TOTAL $1,385,801 20 The target areas identified by HUD include the city-approved Neighborhood Revitalization Strategy Areas to include portions of the North Greenwood, South Greenwood, and East Gateway Strategy Areas. The focus of these proposed activities is to continue construction financing for projects already underway to ensure their success and timely completion. The benefit for moving funding to construction financing is that once the loans are repaid, the City can use those funds as program income for downpayment assistance for these and other properties. The NSP3 funds were allocated to the following projects: SP Country Club Homes On March 17, 2008, SP Country Club Homes, LLC (the Borrower) entered into a contract with the City of Clearwater to purchase a 2.07 acre parcel to construct and sell a 31-unit townhouse project named “Country Club Homes”. The units are three- bedroom units and sold between $142,000 and $156,000 to eligible homebuyers whose income is less than 120% of area median income. The funding involved an initial commitment from the City utilizing Community Development Block Grant Program in the amount of $700,000. An additional funding commitment from the Suncoast Partnership with funding through the Neighborhood Stabilization Program 2 was also required. This included funding though Pinellas County and Neighborhood Lending Partners. To stimulate construction and home sales, the Borrower requested additional funding in the amount of $475,770 through the Neighborhood Stabilization Program 3 for the development of four townhome units to build a four-unit building located at 1281, 1283, 1285, and 1287 Sawgrass Street, Clearwater. The loan was closed on November 9, 2012. The developer completed development of all of the units. All of the units have been sold. The City provided $45,145 in expenditures and provided one down payment loan during this reporting period. Habitat for Humanity of Pinellas County, Inc. Fourth Program Year CAPER 36 Habitat for Humanity of Pinellas County, Inc. (Habitat) originally submitted an application on December 19, 2008 for funding in the amount of $600,000 to acquire real property that will be used to build single family homes for low to moderate- income families. The funding was approved through the Pinellas County housing Trust Fund in the form of a deferred payment loan with no interest. The funds will be repaid when each home is sold to an eligible homebuyer. After purchase, Habitat obtained a $124,000 grant from the City through CDBG funds to demolish the structures. The said property is located at 1884 Betty Lane and contains approximately 8.81 acres of land. The site is the former Homer Villas, a rental community previously owned by the Clearwater Housing Authority. The acquisition is subject to Habitat building affordable housing units for mixed income families. A minimum of 50 units must be for families whose income is less than 80% of median income. The property acquisition cost was $1,189,350 which equals $20,158 per unit acquisition cost. Other investments in the acquisition/development process included financing from Pinellas County and Neighborhood Lending Partners of West Florida, Inc. On September 29, 2008, Pinellas County provided a HOME Investment Partnership Program loan in the amount of $1.425 million to Habitat for a portion of the acquisition costs and site improvements. Other Pinellas County investments in the development of the housing units included $730,000 in funding through the Neighborhood Stabilization Program 2 on July 29, 2011. Also on July 29, 2011, Neighborhood Lending Partners of West Florida, Inc. provided a revolving line of credit in the initial amount of $500,000 with a maximum principal indebtedness, including future advances of $1 million. To facilitate funding for the completion of 25 units in the subdivision, Habitat requested funding in the amount of $425,000 from the City through its Neighborhood Stabilization Program 3 for construction financing. Loan closed on January 18, 2013. Five homes were completed during this reporting period. The properties were located at 1872, 1874, 1876, 1878 and 1879 Fuller Drive, Clearwater. e. Pinellas County Housing Trust Fund The City of Clearwater committed a total of $48,962 in funding through the Pinellas County Housing Trust Fund Program (PCHTF) as a match to federal programs. The expenditures were used as a HOME Investment Partnership Program match to build two new single family homes by Largo Area Housing Development Corporation. A total of $80,133 in total revenues (allocation, program income and recaptured funds) was deposited into the Pinellas County Housing Trust Fund during FY 2014- 15. These funds were generated through the following: Annual Distribution $0 Program Income $80,133 TOTAL $80,133 Fourth Program Year CAPER 37 f. Brownfields Program The Brownfields Area is one of the oldest sections of the City with a low-income, minority population in the most densely populated county in Florida. The City’s Brownfields area covers all three of the City’s Neighborhood Revitalization Strategy Areas. Clearwater has the distinction of being the first state-designated Brownfields area in the State of Florida. It was over ten years ago since the City was awarded its first EPA Brownfields Assessment Grant. The Clearwater Brownfields Area (CBA), with approximately 244 regulatory listed sites located in over 7,000 properties, is spread across more than 1,842 acres. Clearwater defines Brownfields as “redevelopment opportunities that result in viable economic and community development, residential, and open-space/greenspace projects.” The definition reflects a perception of Brownfields that is results-oriented, viewing challenges as opportunities rather than insurmountable liabilities. The City did not have any federal funds for Phase I and Phase 2 assessments in this reporting period. On August 5, 2010, the CRA acquired the Car Pro property located at 1359 Cleveland Street (see East Gateway NSRA) for environmental remediation. The City performed all the site assessments and is currently working with FDEP and USEPA to complete remediation of environmental impacts related to historical activities at the site. To date, the City received $325,440 in Brownfields Revolving Cleanup Loan Fund dollars. The City continues to conduct groundwater monitoring at this site. FDEP Post Active Remediation Monitoring Report month number 42 dated September 18, 2015 for the former CarPro Brownfield site was reviewed by FDEP. FDEP requested we continue site monitoring and to submit the next semi-annual monitoring report no later than March 30, 2016. 11. COMMUNITY DEVELOPMENT The City utilized a strategy of diversification when selecting CDBG eligible activities. During FY 2014-15, funds were allocated for administration, for housing pool activities (rehabilitation, acquisition, disposition, etc.), program delivery costs for the City rehabilitation, infill and economic development program, demolition, public facilities and improvements and public services. FY2014-2015 Consolidated Annual Performance & Evaluation Report (CAPER) Community Development Block Grant Budget and Expenditure Summary Prior Year plus Reprogrammed Remaining Activity Budget Funds Expenditures Balance Demolition $ - $ 27,979 $ 27,979 Relocation $ - $ - Fourth Program Year CAPER 38 Acquisition $ - $ - CDBG Program Administration $145,259 $ - $131,012 $ 14,247 CDBG-PD-ED $ 10,000 $ - $ 6,774 $ 3,226 CDBG-PD-Rehab $110,000 $ - $ 71,972 $38,028 CDBG-PD-Infill $10,000 $ 61,585 $ 5,528 $66,057 Public Services $118,988 $ 25,708 $110,577 $34,119 Public Facilities & Improvements $150,000 $139,504 $179,576 $109,928 CDBG Program Housing (Housing Pool)$166,051 $444,802 $ 38,431 $572,422 CDBG Economic Development $ - $ 45,351 $ - $45,351 TOTAL $ 710,298 $ 744,929 $543,870 $ 911,357 FY 2014-15 CDBG/HOME Projects Public Service Projects 1) Community Service Foundation The City provided funding in the amount of $4,000 to Community Service Foundation, Inc. for salary support to operate a fair housing counseling and housing placement program. The program provides housing services to help lower income families and individuals locate and secure permanent, decent, affordable housing. The program also strives to counsel households on Fair Housing Landlord/Tenant Rights, and to provide emergency food and shelter program rent and mortgage payment assistance. Community Service foundation has been providing social services to low to moderate-income families since 1957 and providing affordable housing services since 1984. Their affordable housing services (Fair Housing Counseling and Housing Placement Program) help lower income families and individuals locate and secure permanent, decent, affordable housing from their office located at 925 Lakeview Road, Clearwater. The agency expended $1,495 and assisted 39 households. CSF’s Fair Housing Counseling and Housing Placement & Assistance Program activity promotes fair housing through counseling, advocacy, and education. They review Florida fair housing statutes with clients as needed, educating them as to tenant/landlord responsibilities and rights. The program provides strong support and definite action to assist the City in meeting this priority to assist clients with counseling, placement services, and housing assistance. The funds provided by the City were used to pay salary support for the Housing Placement Specialist to provide this service. The CSF Housing Placement Specialist networks with Pinellas County landlords, realtors, and public and private agencies to establish and maintain a listing of available rental properties. The specialist also maintains a list from newspapers, housing publications, and the internet. In addition to housing placement, the specialist reviews the federal and state statutes and guidelines with clients to educate them as to tenant/landlord responsibilities and rights and resolve fair housing issues. Fourth Program Year CAPER 39 The goals for FY 2014-15 were to assist resident renter-households find affordable housing; place or keep lower-income households in permanent housing; lend support to dealing with stress associated with housing issues; encourage self-sufficiency and responsible financial management by offering budgeting classes. 2) Gulf Coast Legal Services The City provided funding in the amount of $12,000 to Gulf Coast Legal Services, Inc. for salary support to implement the agency’s Legal Aid to Preservation Housing Project. The project seeks to provide legal assistance for low and moderate-income residents of Clearwater who are victims of predatory lending practices, foreclosure rescue scams, persons who are experiencing or who have experienced discrimination and/or fraud in housing and to remedy these matters through negotiation, mediation or litigation and to assist residents in filing complaints regarding violations of Fair Housing Laws. They make material available to tenants and homeowners of their rights and conduct three outreach seminars to inform the elderly, disabled and individuals for whom English is a second language about their fair housing rights. The agency’s goal was to serve 100 individuals. The agency expended $12,000 and assisted 149 people. Gulfcoast Legal Services is located at 314 South Missouri Avenue, Suite 109, Clearwater, Florida 33756 and is a HUD Housing Certified Counseling agency in the areas of pre-purchase counseling, Fair Housing pre-purchase, pre-purchase education workshops, predatory lending education workshops, pre-purchase home buyer education, mortgage delinquency and default resolution counseling, resolving/preventing mortgage delinquency workshops, financial management and others. 3) Pinellas Opportunity Council The City provided funding in the amount of $18,000 to Pinellas Opportunity Council, Inc. for salary support to implement the agency’s Chore Services Program. The program promotes better livable opportunities by providing services to the elderly and frail elderly. The services help alleviate blight and blighting conditions, reduce crime, and create a sense of pride in their community by providing heavy household cleaning, yard work and minor repairs. The agency’s goal was to assist 82 elderly households. The agency expended $18,000 and assisted 65 elderly households. Pinellas Opportunity Council is a private non-profit community action agency that has served Pinellas County for over 40 years. The agency was incorporated on September 17, 1968. POC’s mission is to help alleviate poverty and promote self- sufficiency and to revitalize local communities. POC has operated Chore Services for over thirty years. Chore services provide heavy household cleaning and yard work for those clients where this is no one else capable of or responsible to accomplishing these tasks. Other services include routine house or yard tasks including such jobs as seasonal cleaning; yard work; lifting and moving furniture, appliances or heavy objects; household repairs that do not require a permit or specialist; and moving services. The Chore service office is located at 4039 8th Avenue South, St. Petersburg. The agency emphasis will be placed on serving clients in the city’s neighborhood revitalization areas. The services provided by chore services allow the elderly to remain in their homes and not be institutionalized. The agency assists homeowners Fourth Program Year CAPER 40 and renters. Their clients are referred to them by various agencies including the local housing authority and City code enforcement. 4) Safety Harbor Neighborhood Family Center The City provided funding in the amount of $11,988 to the Safety Harbor Neighborhood Family Center for salary support to operate the Neighborhood Family Center. The Bridge the Gap project is a combination of services to help individuals and families survive; stay in their homes and to keep the families together by providing food, clothing, hygiene products, baby needs, job training, and financial assistance. The agency’s goal was to assist 550 families. The agency expended $11,988 and assisted 373 families. The Safety Harbor Neighborhood Family Center is a non-profit human service organization with a designated service area of Eastern Clearwater, Safety Harbor and Oldsmar. The agency’s mission is to nurture and strengthen children youth, adults, their families, and communities through support services, education, and collaborative partnerships to improve lives and achieve self-sufficiency. To accomplish this mission, the agency established The Bridge the Gap Project. The program is a combination of services to help individual and families survive, stay in their homes and keep the family together. It does this by providing critical basic needs, financial assistance, career development and school readiness/school success. Critical basis needs include food, clothing and hygiene products. These products are made available to individuals and families through their food bank. In the past year, the agency has provided back packs to needy children in the community. Financial assistance is provided through limited financial support to families facing shut off of water or electric. Transportation assistance and housing emergencies such as gas vouchers, and bus passes and rental assistance is also provided. The center is also an ACCESS site where families can apply for food stamps, Medicaid and cash assistance. The third component of the program is Career Development. The agency’s Family Assistance Coach works one on one with individuals to help them achieve their goals by providing financial assistance for training, uniforms, books etc. Their Job Club works with Worknet Pinellas to provide job information, resume review and job searches. The final component, school readiness/school success is addressed through providing school back packs which provide the children with the tools needed for school. 5) WestCare GulfCoast Florida The City provided funding in the amount of $12,000 to WestCare GulfCoast Florida, Inc. for salary support to operate the Turning Point overnight shelter. The shelter provides an overnight facility for homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program that provides for a 24-hour sobering up area, intensive case management, and placement service. The agency’s goal was to serve 150 homeless Clearwater individuals. The agency expended $12,000 and assisted 193 homeless Clearwater individuals. WestCare Florida, Inc. is part of the WestCare family of tax-exempt nonprofit organizations that provide a wide spectrum of health and human services in both residential and outpatient environments in nine states throughout the United States. It was founded in 1973 with the mission to empower everyone with whom the Fourth Program Year CAPER 41 organization comes into contact to engage in a process of healing, growth and change, benefiting themselves, their families, coworkers and communities. The request for funding is for Turning Point. Turning Point was created to open an Inebriate Receiving and Intervention Program to provide services to homeless persons suffering from chronic alcoholism/drug addiction many who are also living with a mental illness. WestCare Florida’s A Turning Point Emergency Shelter plays a pivotal role in the community’s joint effort to rehabilitate homeless individuals. The program provides case management, counseling, coordination of services for clients being evaluated for psychiatric services. Their goal is to provide the following services: Substantial abuse and mental health assessments and referrals, individual and group counseling, individualized physical health assessments by an LPN, linkage and referrals to community based services, access to healthcare, crisis intervention services, life skills training, supervision of self administer meds, benefits application assistance, and services for HIV Infected clients. A Turning Point operates in three phases to help clients begin their rehabilitation through the recovery and transition stages needed to achieve self-sufficiency in their facility located at 1801 Fifth Avenue North, St. Petersburg. Phase I is a 24 hour sobering up area where law enforcement can bring (non- criminal) street inebriates for quick assessment and short term respite in lieu of jail. Walk-ins, referral from local hospitals and other social service agencies are accepted. Upon sobering up the individuals are offered counseling and support, linkages to needed services, food and clothing. Phase II offers intensive case management services for those who indicate a desire for help. Individuals are assisted in finding suitable placement to begin their rehabilitation. Phase III provides structured opportunities to clients who have obtained a placement but who may be required to wait at the facility for two to six weeks. 6) Intercultural Advocacy Institute The City provided funding in the amount of $15,000 to the Intercultural Advocacy Institute for salary support to implement a Youth Leadership Partnership Program. The program provides leadership and mentoring opportunities to youth in the 6th and 7th grades. The program focus is to provide the tools and resources necessary to help youth develop leadership skills plus a strong sense of identity and in turn, grow leaders from within the community to serve as role models for their peers and younger student population. The agency’s goal is to assist 27 students. The agency expended $12,336 and assisted 58 students. 7) Homeless Emergency Project, Inc. For over 26 years, Homeless Emergency Project, Inc. (HEP) has provided a holistic continuum of care approach addressing the physical, mental and social conditions of the individual or family, as they access emergency, transitional and permanent affordable housing. Its facilities are located at 1120 North Betty Lane, Clearwater and are also in the North Greenwood Neighborhood Revitalization Strategy Area. The agency assisted 840 clients. The approach is designed as an innovative, cost effective strategy that is guided by the concept that transitioning homeless individuals and families from shelter into Fourth Program Year CAPER 42 permanent housing, while continuing to provide supportive services, prevents recurrent homelessness. HEP’s various programs provide meals, clothing and supplies, computer and telephone access, transportation assistance, case management, life skills training, vocation, medical, dental, and mental health care, referrals to other assistance and many other services to address the homeless population. The Emergency Shelter is a comprehensive homeless rehabilitation center that offers temporary shelter and an array of services that are designed to facilitate the homeless person’s transition from sleeping on the streets to a place that decent and safe. The shelter provides free housing for up to 90 days. The program is open and operates 24/7 and remains filled to capacity throughout the year. The City provided $15,000 to the agency of which all were expended during this reporting period. 8) Martin Luther King, Jr. Neighborhood Family Center Provide funding in the amount of $12,000 to Martin Luther King, Jr. Neighborhood Family Center for salary support to implement the Project P.A.S.S. program that provides services to families who reside in the North Greenwood Community. The program provides children’s programs, family support, educational attainment, and improved economic status for low to moderate-income families. The ultimate goal of this project is to provide multiple sources of support for human growth and development including programs for physical and mental health, to enable people of all ages to fully participate in the economy and the community. The Project P.A.S.S. methodology is to fully integrate all members of the community in building up its human and institutional assets. Collaborations and partnerships with businesses, faith based institutions, financial institutions, housing providers and educational institutions, will work together to strengthen the socials and economic fabric of North Greenwood. The agency’s overall goal is to assist 460 individuals. The agency assisted 2,487 individuals and expended $12,000 during this reporting period. 9) Religious Community Services, Grace House Provide funding in the amount of $18,000 to Religious Community Services, Inc. – Grace House in salary support to operate an emergency homeless-family program. The program provides eight weeks of shelter and services to families with children that are homeless or at risk of becoming homeless, with the goal of moving them into sustainable housing. In addition, RCS-Grace House provides homeless prevention services to families with school aged children. Prevention services include financial assistance for rent, mortgage, utilities and special situations, along with one-years of case management. Resident families receive intensive case management, obtaining guidance and referrals to reach their various goals including, but not limited to: securing stable housing, learning how to budget, obtaining childcare, finding and maintaining employment or better employment, and gaining access to health services, transportation assistance, clothing, and food. Weekly life-skills classes are presented by various volunteer community instructors, according to the needs of current Fourth Program Year CAPER 43 residents determined through case notes and weekly case management staff meetings. Close partnerships between the agency and other community providers ensures that the skills families need for success are being provided. The agency’s goal was to assist 550 families. The agency assisted 544 individuals and expended $18,000. 11) Community Service Foundation - Homebuyer Education Program The City provided $3,000 to the organization for operational support to implement the homebuyer program. The CSF Homebuyer Education Program is for individuals and families that are interested in purchasing their first home. The workshop cover the entire home buying process, Additionally, the curriculum includes affordability, responsibility of homeownership, ability to obtain a loan, processing the loan, closing costs and the closing process. Each year CSF offer Homebuyer Education workshops at the HOPE Expo to reach potential homebuyers. The workshops provided homebuyers with combined classroom instruction on the process of buying a home, training in becoming a better money manager, goal setting to better save and plan for purchasing a home and one-on-one counseling and referral for more complex situations. The agency expended $1,890 in the implementation of the program. The agency assisted 33 families. The agency’s goal was to assist 50 families. 12) Tampa Bay Community Development Corporation – Dream of Homeownership Education Workshop The City provided $4,830 in funding for operational support to administer their homeowner workshops. The Dream of Homeownership Education Workshop is a free monthly 8 hour program. The Program instruct participants on budgeting and saving for homeownership, financial literacy, working with a realtor, loan closing, credit qualification process and credit repair. The agency expended $4,830 in the implementation of the program and assisted 73 with homebuyer counseling. Public Facilities and Improvement Projects 1) Religious Community Services – Grace House Improvements The City provided funding in the amount of $50,360 to Religious Community Services, Inc., for renovations at Grace House. Grace House provides an emergency shelter program for homeless families. Funding to the Grace House will be used to renovate the building by replacing the roof, doors, installing a tank-less water heater with Energy Star rated appliances and providing A/C work. Grace House goal is to serve 550 homeless families. The agency expended $50,360 in funding and assisted 278 families. Directions for Living – Office Renovations The City provided funding in the amount of $50,000 to Directions for Living for office renovations. Renovations to include alterations of the medical assistant work room, Fourth Program Year CAPER 44 plumbing of the exam rooms, renovation of the client reception area, renovations of the restrooms, meeting rooms and other offices. Direction for Living’s goal is to serve 2,000 individuals. The agency only expended $180 during this reporting period. The renovation project was delayed. 2)The Kimberly Home – Office Renovations The City provided funding in the amount of $50,000 to The Kimberly Home, Inc. to renovate a public facility for a daycare center. The renovations will transform a blighted building to a neighborhood asset that will provide daycare services to pregnant women. The center will be used to provide assessments, crisis intervention services, counseling, pre and post-natal education, case management, mentoring and other related services. The agency’s goal is to assist 150 individuals. The agency expended $39,532 during this reporting period. Housing The City provided FY14-15 CDBG/HOME and SHIP funding (allocation plus prior year) in the amount of $1,681,366 to the City’s Housing Pool to acquire and/or develop real property, rehabilitate homes or rental units or provide down payment and closing cost assistance to eligible low to moderate-income families. Eligible agencies included in the housing pool were The Kimberly Home, Habitat for Humanity of Pinellas County, Inc., Habitat for Humanity of Pinellas County Community Housing Development Organization, Inc. Bright Community Trust and Tampa Bay Community Development Corporation. A detail listing of housing activities is illustrated in the rental housing strategy, homeownership strategy and homebuyer strategy sections at the beginning of this report. Other Projects Through funding provided from the FY 2014-15 allocation and prior year funds, the City expended $131,012 in CDBG and $43,114 in HOME funds for administration, $6,775 in CDBG funds for economic development program delivery costs, and $71,971 in CDBG funds for rehabilitation program delivery costs and a total of $5,528 in CDBG funds for infill program delivery costs. a. Nature and Reasons for Any Changes to Objectives There were no changes or amendments to program objectives. b. Assessment of Grantee Efforts to Carryout Planned Actions The City maintains a consistent process to certify that agencies/non-profits, or subrecipients who request funding through the City’s Programs are eligible. The process begins in late February when the City publishes a Notice of Funding Availability. The notice identifies the amount and type of funds available and their eligible uses. The agencies complete an application for funding that is available in March with the completed application due in April. Along with the application, the agencies also provide a copy of their audit and budget. City Housing Staff review each application for eligibility. A Technical Review Committee will evaluate each Fourth Program Year CAPER 45 application through a competitive ranking system. Their results are forwarded to the City’s NAHAB for approval. Once approved, the recommendations and a notice of public hearing are published in the local newspaper for public comments in May. After the public comment period, the recommendations and public comments are forwarded to the City Council for approval in July. After approval, the Consolidated Action Plan is forwarded to HUD for approval. After HUD approval, the City prepares and executes the subrecipient agreements in September for an October start date. To ensure program success, the subrecipients are monitored continually. This process is detailed in the monitoring section of this report. 1. All resources (CDBG, NSP3, HOME, SHIP and Pinellas County Housing Trust Fund) listed in the Consolidated Plan were obtained through federal, state and local funding. 2. In addition to CDBG, HOME and SHIP funds, the City was successful in obtaining private sector leveraging for new housing construction and financing home purchases. c. Actions of Funds Used Outside the National Objectives All CDBG funds were used for activities that meet the national objectives. d. Acquisition, Rehabilitation and Demolition Narrative Neither the City, nor its subrecipients, acquired or rehabilitated buildings that resulted in the displacement of business, individuals or families as a result of projects funded with CDBG or HOME dollars. All properties that were acquired with CDBG funds were voluntarily obtained and mostly vacant parcels. The City’s subrecipients purchased all properties acquired during this reporting period. They include Habitat for Humanity of Pinellas County and Habitat for Humanity of Pinellas County Community Housing Development Corporation. When subrecipients become interested in a property they want to acquire, the following steps are required: 1. The subrecipient informs the property owner they are interested in the property. 2. The subrecipient sends out HUD Guide Notice-Disclosures to Sellers with Voluntary, Arm’s Length Purchase Offer. 3. The subrecipient informs the owner they do not have the power of Eminent Domain and the purchase would strictly be a voluntary transaction. 4. If the owner is interested in selling the property, an appraisal is obtained. 5. The subrecipient determines just compensation for the property. 6. The subrecipient offers just compensation to the owner. 7. The owner agrees to the offer, the subrecipient may purchase the property. 8. If the offer is not acceptable to the owner, both parties walk away from the deal. Fourth Program Year CAPER 46 Temporary relocation benefits were provided to eligible homeowners while their homes were being rehabilitated. Temporary benefits include moving, storage, temporary rents, and utilities. e. Economic Development Narrative The funds allocated to the City through the various housing programs has always been viewed from the standpoint of providing services and not providing an economic development component. The economic development component is how much leverage these funds generate in housing. The City maintains a goal of trying to leverage resources. Through the commitment of $357,140 in funding through the HOME, SHIP, CDBG, Non-HUD and County Housing Trust Fund, the City was able to leverage $1,579,707 in private sector/owner financing. This has resulted in a 4.42 ratio, for every dollar the city committed. For FY 2014-15, the City expended $6,775 for Economic Development Program Delivery. The program delivery costs were associated with managing the economic development loan portfolio. These costs include, but are not limited to, collecting on unpaid loans, sending out late notices, maintaining data in the City’s financial system, and reevaluating loans. Delete Currently, the City has suspended its Economic Development Revolving Loan Program and is reviewing options on its status. f. Limited Clientele Narrative The City and its subrecipients maintain files that document all clients who qualify for the limited clientele designation. g. Loans and Other Receivables The City maintains three revolving loan funds: the Rehabilitation Revolving Loan Fund to rehabilitate owner-occupied housing, the Economic Development Revolving Loan Fund to provide loans to for-profit businesses, and an Infill Housing Revolving Loan Fund to acquire real property to build new owner-occupied housing. The Rehabilitation Revolving Loan Fund has a cash balance at the end of the reporting period of $369,236. The Infill Housing Revolving Loan Fund has a cash balance at the end of the reporting period of $251,610. The Economic Development Revolving Loan Fund has a cash balance at the end of the reporting period of $229,790. Please see Financial Summary Report for other loans and receivable information. h. Lump Sum Agreements The City does not provide lump sum drawdowns. 12. NEIGHBORHOOD REVITALIZATION STRATEGY AREAS The City of Clearwater’s Neighborhood Revitalization Strategy (NRS) is a component of the City’s Five-Year Consolidated Plan. The strategy was established to promote a flexible design in the City’s allocation of funds provided by HUD and CDBG to Fourth Program Year CAPER 47 promote innovative programs in economically disadvantaged areas of the City. The NRS provides for enhanced regulatory flexibility in the program requirements for providing CDBG funds for economic development, housing and public service activities. In terms of economic development relief, the strategy allows job creation or retention efforts by businesses not to be hampered by requiring them to track the income of people hired or retained. Economic development activities carried out in the approved neighborhood revitalization areas are also exempt from the aggregate public benefit standards. The relief for public service activities can be viewed in terms of the regulatory requirements that no more than 15% of the total CDBG allocation may be used for public services activities. Under this strategy, all public services offered within the subject neighborhoods and carried out as part of qualified projects by a Community Based Development Organization (CBDO) are exempt from the public service cap of 15%. Therefore, the City will be able to offer a more intensive level of service to stimulate revitalization. This allows the City to address some of the urgent needs of the disadvantaged community by offering job training and other related economic development assistance. In terms of housing relief, the revitalization strategy will allow the City to track scattered site housing units as a single strategy. This will enable the City to provide housing opportunities to not only very-low to low-income families, but to other families who earn between 80-120% of area median income. This will increase the level of affordable housing units and thereby raise the income level of the neighborhood and in the process create a mixed-income community. There are several non-housing factors that cause a blighting influence on communities. They range from vacant boarded structures, to crime, to lack of commercial/retail activities. The City has three (3) Neighborhood Revitalization Strategy Areas - the North Greenwood Community, Lake Belleview Community, and the East Gateway District. All three have their own goals and objectives. The North Greenwood NRSA has identified the following strategies to improve their neighborhood: Eliminate poor conditions of structures Remediate low-level contaminated sites Reverse declining property values Expand business opportunities Create new investment opportunities in the neighborhood Increase new job training and placement opportunities Reduce the unemployment rate Empower neighborhood residents to eliminate crime Strengthen coordination of community organizations in the redevelopment effort The Lake Belleview (f.k.a. South Greenwood) NRSA has the same general strategies of the North Greenwood Area and has identified the following items as needed in their community: Fourth Program Year CAPER 48 Additional educational opportunities for businesses A new neighborhood training facility A new childcare facility Job training opportunities A community library Additional new homes Better social services Better collaboration of existing organizations More crime awareness programs The City has taken several steps over the years to address the strategies in the NRS. Steps include developing a flexible code enforcement program, purchasing and demolishing dilapidated buildings, working with local law enforcement to reduce crime, funding outreach programs and providing loans to small businesses. The East Gateway District is part of the City’s Community Redevelopment Agency area. a. North Greenwood Listed are the projects the City has completed in the North Greenwood NRSA. North Greenwood Branch Library - (2003) North Greenwood Recreation/Aquatic Complex - (2003) North Greenwood Apartments Renovation – (2003) North Greenwood Corridor Enhancements - (2006) North Greenwood Reclaimed Water - (2010) Stevensons Creek Dredging Project – (Ongoing) North Greenwood Athletic Fields – (2012) Phillip Jones Park Renovation – (2012) In this reporting period, the City provided federal funding for two public service organizations in the North Greenwood NRSA: Public Service Dr. Martin Luther King, Jr. Neighborhood Family Center $12,000 Public Service Homeless Emergency Project $15,000 TOTAL $27,000 b. Lake Belleview (f.k.a. South Greenwood) In 2004, utilizing $2.9 million in general funds, the City built an aquatic/recreation complex, a skateboard park, a fishing pier on Lake Belleview and new baseball fields known as Ross Norton Recreation Complex. In 2008, utilizing $200,000 raised from grants and corporate sponsors, the City partnered with an international organization, Let Them Be Kids, to design and construct a playground at the Ross Norton Recreation Complex. In 2010, utilizing $1.8 million in general funds, the City completed the Lake Belleview Stormwater Improvement project that included major improvements to Lakeview Road from MLK to Missouri Avenues. Fourth Program Year CAPER 49 In 2010, renovations were completed at the Ross Norton Baseball Fields to include bullpens, sod, irrigation and the reworking of the pitching mounds. In 2011, new potable water wells were installed at Ed Wright & Belmont parks. The wells will serve the City’s new reverse osmosis plant currently under construction. In 2011, the in-house traffic calming/drug interdiction work near Lake Bellevue and Woodlawn Avenue was completed. These are speed humps used to not only calm traffic, but also interrupt the drive-by drug trafficking. During this reporting period, the City provided $50,360 to the Religious Community Services – Grace House for property improvements. c. East Gateway District In 2004, the 260-acre Clearwater Community Redevelopment Area (CRA) was expanded to encompass 176 acres that included the East Gateway District, a distressed neighborhood that serves as the primary gateway to Clearwater’s central business district and beaches. The expansion was viewed as a strategic approach to revitalize the East Gateway, leverage public-private partnerships for economic development and housing, achieve stability in residential and business areas and increase redevelopment potential. Amendments to the Clearwater Downtown Redevelopment Plan in 2004 established Downtown Character Districts. The East Gateway Character District sets forth the vision and policies to govern new development and redevelopment in the neighborhood. The 176-acre East Gateway neighborhood is characterized by a mixed-land use pattern of residential housing interspersed with pockets of poorly maintained rental properties and outdated strip commercial developments. The commercial sector is burdened with a declining business base, deteriorating infrastructure, a mismatch of uses and vacant storefronts. The neighborhood struggles with code issues, homelessness, high rental rates and a negative image of crime due to problematic land uses and businesses. Significant decreases in traffic volumes, due to the rerouting of a state road in 2005, have affected business activity in the neighborhood and further emphasized the need for a targeted business development and investment strategy. According to PopStats 2010, the East Gateway District is home to 1,219 households consisting of 2,871 people. The District has a very diverse population: 50% White, 34% Hispanic and 13% Black. The East Gateway Task Force, comprised of City staff from several departments, was formed in 2005 in order to identify issues and develop a series of strategies necessary to achieve positive change in the neighborhood. The Task Force conducted a series of focus group meetings and neighborhood events in 2006 to gain an understanding of neighborhood issues, values and preferences. Input received through the public process was used in developing the East Gateway District Five- Year Action Program, which was adopted by the CRA on May 13, 2008. The goals of the original Action Program were to: Engage residents, businesses and other neighborhood interests in the creation and implementation of the action program; Fourth Program Year CAPER 50 Achieve neighborhood stability by addressing the social, economic and physical issues that plague the area; Establish a unique and positive identity that instills neighborhood pride and sense of ownership; and Revitalize the neighborhood to attract reinvestment in private property. While the Five-Year Action Program implementation was underway, the community felt that a long-term vision was further needed, so in June 2009, the East Gateway Stakeholder Advisory Group (SAG) recommended that the Clearwater CRA engage the community in redefining a vision for future development and community character of the District. In January 2010, the CRA Board agreed to proceed with the creation of a vision plan. On May 31, 2011, the CRA and M. Arthur Gensler, Jr. and Associates, Inc. entered into a contract for the creation of such a plan. This collaborative neighborhood vision plan, first presented to the Clearwater CRA Board on January 9, 2012 and later approved by the CRA Board on May 14, 2012, addressed three main areas: 1) A Neighborhood Market/Economic Analysis that defined the economic base for market-supportable revitalization efforts; 2) Community Outreach and Stakeholder Involvement culminating in a Community Design Charrette that provided a strong, clear vision of the area and responded to current and future market opportunities; and 3) A Concept Plan and Policy Framework that identified specific implementation actions and tools that help achieve the vision over a 20-year horizon. One notable aspect of the East Gateway District Vision Plan was the comprehensive services that the CRA provided to the community through this project. Among other things, the Vision Plan became a great tool that: Promoted the East Gateway District and the CRA; Delivered a workable strategy with supporting rationale; Ensured that new development can be economically viable; Built on previous and current plans, initiatives, and projects; Maximized ultimate return on public investment; Addressed community interests and concerns; and Provided recommendations aimed to enhance the quality of life and standard of living. The new Action Program includes eight overarching Goals and strategies for implementation purposes: Goal 1: District Development Goal 2: Create a Vibrant Market Goal 3: Zone I (West Commercial Anchor) Goal 4: Zone II (Corridor Development) Goal 5: Zone III (Open Space) Goal 6: Zone IV (Festival Core) Goal 7: Branding Strategy Goal 8: Policy/Recommendations Fourth Program Year CAPER 51 The following accomplishments were noted during this reporting period in the East Gateway NRSA: Continued support of visible community policing presence in the East Gateway neighborhood through financial support of two additional police officers assigned to the Downtown Bike Team. Maintained a list of for-sale and/or for-lease commercial properties in the East Gateway to assist connecting property owners with potential buyers/renters. Continued opportunities to leverage culture/arts to encourage sustainable business activities in the East Gateway. Closed out the Pianos in Pinellas Initiative and moved CRA piano to the Main Library. Coordinated and promoted a multicultural event: o El Dia del Nino (Children’s Day), an event to honor the youth that took place on April 26, 2015. Continued to attend and host the East Gateway Stakeholder Advisory Group (SAG). Presented at the East Gateway Business and Neighbors Association (BNA) monthly meetings. Continued environmental assessments at the former CarPro site. Maintained the tracking report for the East Gateway Five-Year Action Program. Created agenda item and assisted with Business Lease Contract for the Community Garden. Attended Neighborhoods Day and Community Garden groundbreaking on April 25, 2015. Identified additional sidewalk needs in partnership with the Engineering Department, and secured funding for construction of new sidewalks. Participated in the City’s efforts to address the condition of homelessness in the community. Coordinated a code sweep of the East Gateway during the week of April 2015 in partnership with the Code Compliance Department. Attended in kick-off meeting discussing the stormwater improvements project on March 24, 2015. Coordinated efforts with the Florida Department of Transportation (FDOT) for the Drew Street Sidewalk Improvement project. o The FDOT contract was awarded on December 5, 2012 with the contract execution date of December 19, 2012. The contract time commenced on April 15, 2013 and concluded this fiscal year. Conducted business visits and offered assistance for business expansions and/or improvements. While the City provides leadership, technical capabilities and funding for Action Program implementation, a partnership with community stakeholders is crucial to achieving neighborhood goals. A Public Outreach and Communications Plan guide the Task Force in engaging the diverse neighborhood interests in the revitalization efforts. In late 2008, two community groups were organized – the East Gateway Stakeholders Advisory Group (SAG) and the East Gateway Business and Neighbors Association (BNA). The City is currently coordinating with the InterCultural Advocacy Institute (ICAI), a local social services agency, to capture input from Hispanic-Latino residents through focus groups discussions. The CRA expended $199,799 on community policing, events and other described above. Fourth Program Year CAPER 52 13. Housing Opportunities for People with AIDS (HOPWA) The City does not receive any HOPWA Funds. 14. MONITORING PLAN All subrecipients will receive federal and local regulations relating to their specific activity, along with an explanation as to how the regulations apply to their particular project. Specific Performance Agreements will be executed with each subrecipient giving measurable objectives for the eligible activity to be carried out. Each project is monitored on an ongoing basis. Documentation submitted with reimbursement requests are reviewed for compliance with applicable regulations and measurable objectives prior to issuing funds. On-site monitoring of selected subrecipients are scheduled and completed annually by the Housing Manager. A checklist is completed and reviewed to insure all aspects of the activities are carried out in accordance with applicable regulations. In addition to the above documentation, any subrecipient needing and/or requesting additional training on how to meet grantee and federal requirements will receive technical assistance deemed most appropriate to the circumstances by the Housing Manager. Additional technical assistance, if needed or requested, will be given at the time of the annual monitoring. The City uses a three step approach to monitor subrecipients. The first step begins during the application process. Subrecipients provide the City with their goals, objectives, budget and an Implementation Schedule. If funded, the goals, objectives, budget and Implementation Schedule are included in the Subrecipient Agreement with the City. The second step is to provide the subrecipient with the format needed for the Monthly Activity Report. The reports are completed and returned to the City monthly. The Housing Division analyzes the reports and if the subrecipient is not meeting its goals, technical assistance is provided. Subrecipients who provide housing assistance are monitored on a loan-by-loan basis and approved by the City prior to any loan closing to ensure compliance. Lastly, the City provides direct monitoring of all subrecipients annually with new agencies receiving two (2) monitoring visits. The first visit takes place in July and provides technical assistance to ensure the agency understands the compliance process. The second visit takes place in September and is a detailed-monitoring visit that utilizes an approved checklist. During this reporting period, the City provided detailed monitoring of all subrecipients. The City is continues to offer technical assistance to all subrecipients throughout the year. Fourth Program Year CAPER 53 SUCCESS STORIES RCS Grace House PJ came to RCS Grace House emergency family shelter with no savings, four children, and a job that was commission based only. PJ enjoyed the line of work she was in and considered herself very successful in it but she required a base salary to start her savings towards permanent housing. Her case manager referred her to a company that paid a $10.00 per hour base plus bonuses. Within a few weeks of starting employment she received a bonus check for $1,000.00 and had saved $1,500.00 towards her future housing deposits. PJ received referrals for food and clothing; to help her save as much as possible and so she was familiar community resources to use after leaving the program. PJ and her four happy children moved into permanent housing without any financial assistance. Pinellas Opportunity Council – Chore Services The Chore Services Program received a referral from the V.A. for an 88 year old single veteran. The gentleman lives in a one bedroom one bath apartment in subsidized housing. He has many old age infirmities and is prone to falls, having fallen 10 times in the last six months. He was referred to us by the V.A. because he was going to be evicted from his apartment due to the condition of the unit. His unit was going to be inspected on September 18th. We spent 11.5 hours helping this veteran clean his apartment so that he would not face eviction and possible homelessness. The V.A. is one of many agencies that refer clients to the Chore Services Program, and we are most grateful for our community partners. Homeless Emergency Project With a determined spirit and personal motto of “onward and upward,” former HEP resident David Atkinson is ready for whatever life has in store for him. Following a difficult divorce, legal troubles and being laid off from work, David was evicted and found himself with nothing but the clothes on his back. After two months of homelessness, a friend from church referred David to HEP. Soon after, he moved into Fairburn, HEP’s Veteran apartment complex. “I really believe that if it hadn’t been for HEP’s prompt actions, I would be living under a bridge somewhere today,” David said, a marketing executive for 30 years (he holds a Bachelor’s degree in Marketing from Northern Michigan University) and former U.S. Airman, David is a prime example that homelessness can happen to anyone. “In the blink of an eye, you can have the rug pulled out from under you, but it doesn’t mean you have to stay down,” he said. “You can fall, but you’ve got to get back up.” During the 18 months he lived at HEP, David paid off legal restitution charges, bought a car, and acquired Social Security benefits and Veterans Administration (VA) benefits. “My life has been totally turned around,” he said. “I would not be where I am if not for my case management team at HEP. Everybody cared.” Fourth Program Year CAPER 54 David believes that in order to succeed at HEP, you just have to be determined. In early May, he moved into a fully-furnished manufactured home, and said he loves it so far. While living at Fairburn, David participated in HEP’s canine-assisted therapy program. He also took part in nutrition and wellness services and learned how to make healthy versions of his favorite recipes. “I am so appreciative of this entire program because it’s taking the whole person into account,” he said. “They’re actually helping you, physically and mentally.” As far as his plans for the future, David said he wants to “pay it forward” by volunteering at HEP. He also plans to work independently part-time, helping Veterans find employment. “The main thing that I’ve learned from this entire experience is that I will never lose faith.” Homeless Emergency Project Last year, sixty-year-old Ernestine Collins was laid off from her job as a nurse’s assistant and soon after, her home was foreclosed on. She and her two young great grandchildren, Morgan and Sean, were facing homelessness. Ernestine adopted each of her great grandchildren when they were infants, as their mother, Ernestine’s granddaughter, struggled with drug addiction and incarceration. “We were really struggling,” Ernestine said. “I couldn’t pay the bills.” With nowhere else to turn, she called HEP and was welcomed with open arms. Ernestine’s family now lives in Baty Villas, HEP’s Permanent Supportive Family Housing. Her great grandchildren are happier and healthier than ever, and love to play on the playground behind their home. “I couldn’t have asked for a better place to live than HEP,” she said. “I am so lucky to live here. HEP is a wonderful place to raise kids.” After three months at HEP, Ernestine suffered a stroke, leaving her temporarily paralyzed on her right side. She recovered from the injury after months of physical therapy and is doing well today, never caught without a smile on her face. “I can’t thank HEP and my case managers enough for providing me with child care, transportation services, financial counseling, medical and dental care, and more,” Ernestine said. “Morgan and Sean love living at HEP because of all the programs and activities here, especially the holiday celebrations.” Ernestine regularly attends HEP’s parent group meetings, which not only teach parenting skills, but also provide mutual support when participants are feeling stressed or overwhelmed. “Sean is a very energetic three-year-old, always running around and getting into trouble. Morgan just turned five and began kindergarten this fall,” Ernestine said. “With the support and guidance of HEP, I am able to ensure my great grandchildren have a stable home and a bright future.” FY2014-2015 Consolidated Annual Performance & Evaluation Report (CAPER) Community Development Block Grant And HOME Investment Partnership Programs Budget and Expenditure Summary Prior Year plus Number Reprogrammed Remaining Person's Activity Budget Funds Expenditures Balance Assisted Demolition -$ 27,979$ 27,979$ Relocation -$ Acquisition -$ -$ CDBG Program Administration 145,259$ 131,012$ 14,247$ CDBG-PD-ED 10,000$ 6,774$ 3,226$ CDBG-PD-Rehab 110,000$ 71,972$ 38,028$ CDBG-PD-Infill 10,000$ 61,585$ 5,528$ 66,057$ Public Services 118,988$ 25,708$ 110,577$ 34,119$ 4,944 Fair Housing - CDBG 16,000$ 13,495$ 2,505$ 188 Public Facilities & Improvements 150,000$ 139,504$ 179,576$ 109,928$ 278 CDBG Program Housing (Housing Pool)166,051$ 444,802$ 38,431$ 572,422$ 28 CDBG Economic Development 45,351$ 45,351$ HOME Program Administration 29,995$ 13,120$ 43,115$ -$ HOME Program Housing (Housing Pool) *224,967$ 746,625$ 891,284$ 80,308$ HOME Acquisition, Transitional Housing -$ Community Housing Development Org. (CHDO)44,994$ 98,921$ 98,921$ 44,994$ Rental Housing Development-HOME -$ -$ TOTAL 1,026,254$ 1,603,595$ 1,590,685$ 1,039,164$ 5,438 * Expenditures include Program Income from prior years ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT FY2014-2015 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) DECEMBER 17, 2015 ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT FY2014-2015 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) DECEMBER 17, 2015 ENTITLEMENT ALLOCATIONENTITLEMENT ALLOCATION CDBG $ 726,298 HOME $ 299,956 TOTAL $ 1,026,254 CDBG $ 726,298 HOME $ 299,956 TOTAL $ 1,026,254 CDBG/HOME BUDGET AND EXPENDITURES CDBG/HOME BUDGET AND EXPENDITURES Budget $ 1,026,254 Prior Year Funds + 1,603,595 Total Funds $ 2,629,849 Expenditures -1,590,685 Balance $ 1,039,164 Persons Assisted 5,438 Budget $ 1,026,254 Prior Year Funds + 1,603,595 Total Funds $ 2,629,849 Expenditures -1,590,685 Balance $ 1,039,164 Persons Assisted 5,438 PEOPLE ASSISTEDPEOPLE ASSISTED Public Services – 4,944 people Public Facilities – 278 people Housing Pool – 28 people Fair Housing – 188 people Total 5,438 people Public Services – 4,944 people Public Facilities – 278 people Housing Pool – 28 people Fair Housing – 188 people Total 5,438 people OTHER PROGRAM ACTIVITIESOTHER PROGRAM ACTIVITIES NSP3 Funds Expended $ 45,145 SHIP Funds Expended $ 559,674 Pinellas County Housing Trust Fund Expended $ 51,041 NSP3 Funds Expended $ 45,145 SHIP Funds Expended $ 559,674 Pinellas County Housing Trust Fund Expended $ 51,041 ACTIVITIESACTIVITIES Down Payment Assistance Housing Rehabilitation Public Services Public Facilities New Construction Fair Housing Economic Development Down Payment Assistance Housing Rehabilitation Public Services Public Facilities New Construction Fair Housing Economic Development PUBLIC SERVICESPUBLIC SERVICES Homeless Emergency Project MLK Neighborhood Family Center RCS Grace House Intercultural Advocacy Institute Homeless Emergency Project MLK Neighborhood Family Center RCS Grace House Intercultural Advocacy Institute PUBLIC SERVICESPUBLIC SERVICES Community Service Foundation Gulf Coast Legal Services Pinellas Opportunity Council Safety Harbor Neighborhood Family Center Westcare Gulf Coast Florida Community Service Foundation Gulf Coast Legal Services Pinellas Opportunity Council Safety Harbor Neighborhood Family Center Westcare Gulf Coast Florida PUBLIC FACILITIESPUBLIC FACILITIES Religious Community Services – Grace House Kimberly Home - Office Renovation Directions for Living – Office Renovation Religious Community Services – Grace House Kimberly Home - Office Renovation Directions for Living – Office Renovation ACQUISITION/REHAB HOMEOWNERSHIP ACQUISITION/REHAB HOMEOWNERSHIP Bright Community Trust 2034 Keene Road 203 S. Neptune Ave. Bright Community Trust 2034 Keene Road 203 S. Neptune Ave. 2034 N. Keene Road - Front2034 N. Keene Road - Front 2034 N. Keene Road - Rear2034 N. Keene Road - Rear 2034 N. Keene Road2034 N. Keene Road 203 S. Neptune Avenue -Before203 S. Neptune Avenue -Before 203 S. Neptune Avenue - After203 S. Neptune Avenue - After RENTAL HOUSING NEW CONSTRUCTION RENTAL HOUSING NEW CONSTRUCTION SP Garden Trail Apartments 2013, LLC (75 units) SP Garden Trail Apartments 2013, LLC (75 units) SP GARDEN TRAIL APARTMENTSSP GARDEN TRAIL APARTMENTS SP GARDEN TRAIL APARTMENTSSP GARDEN TRAIL APARTMENTS NSP3 HOUSING PROJECTS NEW CONSTRUCTION NSP3 HOUSING PROJECTS NEW CONSTRUCTION Stevens Creek—Constructed 5 homes Country Club Townhomes—All units sold Stevens Creek—Constructed 5 homes Country Club Townhomes—All units sold HABITAT FOR HUMANITY STEVENS CREEK HABITAT FOR HUMANITY STEVENS CREEK HABITAT FOR HUMANITY STEVENS CREEK HABITAT FOR HUMANITY STEVENS CREEK COUNTRY CLUB TOWNHOMESCOUNTRY CLUB TOWNHOMES ACCOMPLISHMENTSACCOMPLISHMENTS Completed 13 Owner-Occupied Rehabilitation Loans $285,514 Completed 1 Rental Development Loan $350,000 Completed 1 Rental Rehabilitation Loan $95,000 Completed 13 Owner-Occupied Rehabilitation Loans $285,514 Completed 1 Rental Development Loan $350,000 Completed 1 Rental Rehabilitation Loan $95,000 ACCOMPLISHMENTSACCOMPLISHMENTS Completed 15 Down Payment Assistance Loans $357,140 Completed 3 Infill Loans $494,769 Total Loans - $1,582,424 Completed 15 Down Payment Assistance Loans $357,140 Completed 3 Infill Loans $494,769 Total Loans - $1,582,424 HOUSING PROGRAMS LEVERAGE RATIOS HOUSING PROGRAMS LEVERAGE RATIOS Down Payment Program •Private Expenditure - $1,579,707 •City Expenditure - $357,140 •Ratio Expenditure - $4.42 to 1 Down Payment Program •Private Expenditure - $1,579,707 •City Expenditure - $357,140 •Ratio Expenditure - $4.42 to 1 ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT FY2014-2015 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) DECEMBER 17, 2015 ECONOMIC DEVELOPMENT & HOUSING DEPARTMENT FY2014-2015 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) DECEMBER 17, 2015 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8820-16 Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed at 1827 Winwood Drive to vacate a portion of a platted drainage easement; and pass Ordinance 8820-16 on first reading (VAC2015-09). SUMMARY: The owner of property located within city limits at 1827 Winwood Drive is planning to construct a swimming pool partially within a platted drainage easement. There are existing improvements that encroach into the easement as well. The proposed vacation will eliminate these existing and planned encroachments. If approved, the remaining easement area will be sufficient for the City’s Stormwater Maintenance Division to maintain drainage flows as provided for by the easement. Page 1 City of Clearwater Printed on 12/17/2015 Ordinance No.8820 -16 ORDINANCE NO. 8820-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF THAT CERTAIN DRAINAGE EASEMENT LYING WITHIN LOT 7, AS SHOWN ON THAT CERTAIN PLAT ENTITLED “WINWOOD”, AS RECORDED IN PLAT BOOK 113, PAGES 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, owners of real property located in the City of Clearwater, have requested that the City vacate that certain portion of a drainage easement more particularly described in Exhibit A attached hereto; and, WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A PORTION OF LOT 7, MAP OR PLAT ENTITLED "WINWOOD", AS RECORDED IN PLAT BOOK 113, PAGES 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT; THENCE N 69°·42' 10" E, ALONG THE NORTHERLY BOUNDARY OF SAID LOT 7, A DISTANCE OF 80.41 FEET, TO THE PLATTED INTERSECTION LINE OF A DRAINAGE EASEMENT, ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTHERLY LINE OF LOT 7, N 69°·42' 10" E, A DISTANCE OF 27.57 FEET; THENCE S 00° 19' 17" W, A DISTANCE OF 85.42 FEET, TO A POINT LYING 10 FEET NORTH OF THE SOUTHERLY LINE OF LOT 7; THENCE N 88° 51' 15" W, A DISTANCE OF 16.50 FEET TO THE INTERSECTION OF THE PLATTED DRAINAGE EASEMENT LINE; THENCE ALONG SAID PLATTED DRAINAGE EASEMENT LINE, THE FOLLOWING TWO (2) COURSES; N 01° 08' 45" E, A DISTANCE OF 48.00 FEET; THENCE N 19° 40' 46" W, A DISTANCE OF 29.27 FEET, TO THE POINT OF BEGINNING. CONTAINING 1474.1 SQUARE FEET, MORE OR LESS. is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Ordinance No.8820 -16 Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ ______________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ ______________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk SOULELAWSONAVOCADO NAVEL KUMQUAT SHADDOCK N TERRACE DRDRDRCIRWOODRING SOUTH DRHARBOR OWENDRVIRGINIAPINEAPPLEWESTLNLNDROWENOWENDRSKYLANDLUCASEVANSDRDRMARILYNDRDRAUDREYCARLTON B L V D CoachmanDRCARDINALPlazaAUDREYDRCARDINALMORNINGSIDE N TERRACE DRSUNSET FeatherMissiF l i n t FlintCR-193DRCR-576 LORIHillsHead ST ArrowMissionCirWWDrFlintDRDRSUEDR DR CR-193 E.DR DR DR DR LAKE CALAMONDINW. GRAPE EDENWOOD FRUITCIRCOUNTRYLANELA KELANESPRINGDIANEGROVEDRTHOMASDRDIANEANTHONYDRDRST CROIXEL TRINIDADST STETER C I R VIRGINIAE.LNDRWinwoodDr FRUITGRAPECATHERINE SARAH ST CROIXDRHAASAVEUS-19BLACKBURN ROBINWOOD Sunrise Dr. SR-590 SUNSET POINT RD CR-576 J O H N Easement Vacation ^ LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.264A 05-29s-16e11/25/2015Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Ord. No. 8820-161827 Winwood DrivePartial Drainage Easement VacationUS HWY 19 NDocument Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\1827 Winwood Easement Vacation.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: LUP2015-08002 Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from the Residential Urban (RU) category to the Residential/Office General (R/OG) category for property located at 2727 Daniel Street; and pass Ordinance 8786-16 on first reading. (LUP2015-08002) SUMMARY: This Future Land Use Map amendment application involves a 0.209 acre parcel located on the southeast corner of Daniel Street and Charles Avenue, approximately 415 feet west of McMullen Booth Road. The parcel is currently occupied by a vacant single family residence . The request is to change the parcel ’s Future Land Use Map designation of Residential Urban (RU) to the Residential/Office General (R/OG) category, in order to redevelop the site with an office. The applicant has submitted two additional applications being processed concurrently with this case: 1.A Zoning Atlas amendment to rezone the property from the Low Medium Density Residential (LMDR) District to the Office (O) Zoning District (REZ2015-08001); and 2.A Flexible Development Application to redevelop the site as an office building (FLD2015-08032) which was approved by the Community Development Board November 17, 2015. The proposed Residential/Office General (R/OG) category would permit development at a 0.50 floor area ratio or a density of 15 dwelling units per acre. The Residential /Office General (R/OG) future land use designation requested is consistent with the surrounding future land use designations that exist in the vicinity of the subject property. This area is transitioning from single family residential to office uses, and the proposed Residential /Office General (R/OG) designation will allow the site to redevelop as an office, which is in character with the residential properties to the south and the office /commercial properties to the north, east and west of the subject site. The Planning and Development Department has determined that the proposed Future Land Use Map amendment is consistent with the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules; ·The proposed amendment is compatible with the surrounding property and character of the neighborhood; ·Sufficient public facilities are available to serve the property; ·The proposed amendment will not have an adverse impact on the natural environment; Page 1 City of Clearwater Printed on 12/17/2015 File Number: LUP2015-08002 and ·The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small -scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. The Community Development Board reviewed this application at its November 17, 2015 public hearing and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Ordinance No. 8786-16 ORDINANCE NO. 8786-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF DANIEL STREET AND CHARLES AVENUE, APPROXIMATELY 415 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 2727 DANIEL STREET, CLEARWATER, FLORIDA 33767, AS RESIDENTIAL/OFFICE GENERAL (R/OG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category Lot 1, Block 4, Acker’s Subdivision, according to the map or plat thereof as recorded in Plat Book 30, Page 91, of the Public Records of Pinellas County, Florida From: Residential Urban (RU) To: Residential/Office General (R/OG) (LUP2015-08002) The map attached as Exhibit A 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 and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners. The Community Development Coordinator is authorized to transmit to the Pinellas Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 8786-16 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 FUTURE LAND USE MAP Owner(s): Richard Heiden Case: LUP2015-08002 Site: 2727 Daniel Street Property Size(Acres): ROW (Acres): 0.209 Land Use Zoning PIN: 28-28-16-00036-004-0010 From : RU LMDR Atlas Page: 212A To: R/OG O I RH RU R/OG RU R/OG RU RU R/OG R/OG RU CG R/OG R/OG RU R/OG R/OG WATERSR 580 DANIEL ST CHARLES AV E McMULLEN-BOOTH RD ALLEN AVE 2750 268231123070 2667 2656 2678 2 7 3 7 2 7 4 5 2676 2 7 1 5 2 7 3 3 2673 2662 2 7 2 9 2 7 6 0 2652 2 7 6 1 2 7 5 9 2680 2679 2674 2 7 5 5 30902758 2730 2 6 8 5 2664 2666 2754 2 7 3 6 2660 2 7 3 4 ALLEN AV 2 7 5 3 2 7 2 3 2 7 1 9 30602 7 3 5 2 7 45 2627 2 7 2 7 3 02 7 2 0 3050-Not to Scale--Not a Survey-Rev. 09/09/15 COUNTRYSIDE HIGH SCHOOL R/OG LOCATION MAP Owner(s): Richard Heiden Case: LUP2015-08002 Site: 2727 Daniel Street Property Size(Acres): ROW (Acres): 0.209 Land Use Zoning PIN: 28-28-16-00036-004-0010 From : RU LMDR Atlas Page: 212A To: R/OG O ^ PROJECT SITE SR 580 DANIEL ST McMULLEN-BOOTH RD DIAMOND BLVD CHARLES AVE GARNET LN ALLEN AVE BURNTFORK DR PINE HILL DR C A S C A D E D R HAVERFORD DR KENILWICK DR SRUBY CIR ALL EN AVE -Not to Scale--Not a Survey-Rev. XX/XX/XX COUNTRYSIDE HIGH SCHOOL AERIAL MAP Owner(s): Richard Heiden Case: LUP2015-08002 Site: 2727 Daniel Street Property Size(Acres): ROW (Acres): 0.209 Land Use Zoning PIN: 28-28-16-00036-004-0010 From : RU LMDR Atlas Page: 212A To: R/OG O SR 580 SR 580 DANIEL ST DANIEL ST CHARLES AVE CHARLES AVE McMULLEN-BOOTH RD McMULLEN-BOOTH RD ALLEN AVE ALLEN AV E -Not to Scale--Not a Survey-Rev. 09/09/15 COUNTRYSIDECOUNTRYSIDE HIGHHIGH SCHOOLSCHOOL S:\Planning Department\C D B\Land Use Amendments\Active Cases\Daniel St 2727 LUP2015-08002\Maps\Zoning LUP2015- 08002.docx ZONING MAP Owner(s): Richard Heiden Case: LUP2015-08002 Site: 2727 Daniel Street Property Size(Acres): ROW (Acres): 0.209 Land Use Zoning PIN: 28-28-16-00036-004-0010 From : RU LMDR Atlas Page: 212A To: R/OG O SR 580 DANIEL ST CHARLES AV E McMULLEN-BOOTH RD ALLEN AVE I O O MHDR O C LMDR LMDR LMDR 2750 268231122 7 5 3 2667 2656 2678 2 7 3 7 2 7 4 5 267627 1 5 2 73 3 2673 2662 2 7 2 9 27 6 02652 2 7 6 1 2 7 1 9 2 7 5 9 2680 2679 2 7 3 5 2674 2 7 5 5 30902 7 4 5 2 7 3 0 2758 2730 2 7 2 0 2664 2666 2754 27 3 6 2660 2 7 3 4 30702 7 2 3 30602627 2 7 2 6 8 5 3050-Not to Scale--Not a Survey-Rev. 09/09/15 COUNTRYSIDE HIGH SCHOOL O EXISTING SURROUNDING USE MAP Owner(s): Richard Heiden Case: LUP2015-08002 Site: 2727 Daniel Street Property Size(Acres): ROW (Acres): 0.209 Land Use Zoning PIN: 28-28-16-00036-004-0010 From : RU LMDR Atlas Page: 212A To: R/OG O 131(S) 207(S) 196(S) 146(S) 60 60606 0 1 2 2 1 2 3( S ) 1 1 2 1 2 3 ( S ) 1 2 0( S )1 3 0( S ) 1 2 3( S ) 179(S) 1 3 3( S )303000104 2 4 3 1 1 2 3 4 5 6 7 8 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 30133 133 1693094239 31 32 33 34 1SR 580 DANIEL ST CHARLES AVE ALLEN AV E 268231122 7 5 3 30702667 2656 2678 2 7 3 7 2 7 4 5 2676 2 7 2 3 2 7 1 5 2 7 3 3 2662 2 7 2 9 2 7 6 0 2652 2 7 6 1 2 7 1 9 2 7 5 9 26803060 2679 2 7 3 5 2674 2 7 5 5 30902 7 4 5 2 7 3 0 2758 2730 2 6 8 5 2 7 2 0 2664 2666 2754 2 7 3 6 2660 2 7 3 4 McMULLEN-BOOTH RD ALLEN AV 2750 2673 26 2 7 2 7 3050-Not to Scale--Not a Survey-Rev. 09/09/15 COUNTRYSIDE HIGH SCHOOL Multi Family Residential Single Family Residential Office Office/Commercial Office/Commercial Office View looking east at the subject property, 2727 Daniel Street Across the street, north of the subject property East of the subject property Across the street, west of the subject property View looking easterly along Charles StreetView looking westerly along Charles Street LUP2015-08002 & REZ2015-08001 Richard Heiden 2727 Daniel Street View looking easterly along Charles StreetView looking westerly along Charles Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-09024 Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve the annexation of an unaddressed parcel located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road, together with the abutting west half of the McMullen Booth Road right-of-way; and Pass Ordinance 8789-16 on first reading. (ANX2015-09024) SUMMARY: This voluntary annexation petition involves one parcel of land totaling 4.522 acres. The parcel is currently vacant and is located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road . The applicant is requesting annexation in order to receive solid waste and water service from the City, and will be connected to city sewer once the property is developed. The property is contiguous to existing city boundaries along the south and west. The Development Review Committee is proposing that 0.573-acres of abutting McMullen Booth Road right-of-way also be annexed. The applicant has also submitted applications to annex a 2-acre parcel adjacent to the north (ANX2015-09025), to change the property ’s Future Land Use Map designation of Residential Low (RL) to Institutional (I) (LUP2015-09003) and to rezone the property to the Institutional (I) District (City of Clearwater) (REZ2015-09002) upon annexation into the City of Clearwater. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·Collection of solid waste, sanitary sewer, and water service will be provided to the property by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve the property with water, sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives 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. Page 1 City of Clearwater Printed on 12/17/2015 File Number: ANX2015-09024 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. ·The property proposed for annexation is contiguous to existing City boundaries along the south and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Ordinance No. 8789-16 ORDINANCE NO. 8789-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 1,054 FEET SOUTH OF EAST ENTERPRISE ROAD, WHOSE POST OFFICE ADDRESS IS UNADDRESSED MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, TOGETHER WITH CERTAIN ABUTTING RIGHT-OF-WAY OF MCMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Tract 22/016 located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road, together with abutting west half of Right-of-Way of McMullen Booth Road; (ANX2015-09024) The map attached as Exhibit A 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 on March 16, 2016. 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 the effective date, and shall file a certified copy with the Florida Department of State within 30 days after the effective date. Ordinance No. 8789-16 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 PROPOSED ANNEXATION Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09024 Site: 0 McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL A-E Atlas Page: 234A To: I I 5050 305033331.38 * SEE PLAT FOR DIMENSIONS 50 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A C 1 A C(C) A C A C (C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR BOOTH BLVD 2314166164168303230582495 2481 30742454 307030122449 3033301418473005245130012471 305430032475 30332451 30382465 2 3 8 8 2456 2382 30292379300830203021 2454 2425 2444 2447 30443026 301530272455 3066306230263007Traf65305030633018238730273082 303830003083300303006 305530213087 305930393023301930623078 30682461 3042 3034 30563090 30303091 3086 30453 0 4 6 3074-Not to Scale--Not a Survey-Rev. 9/23/2015 LOCATION MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09024 Site: 0 McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL A-E Atlas Page: 234A To: I I SR 580 LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD FRISCO DR SABER DR ALLEN AV E WILDWOOD DR PINE HILL DR EASTLAND BLVD DEER RUN S BOOTH BLVD BARTON LN DEER RUN N BURNTFORK DR D E E R R U N E LEANNE CT RUBY CIR SUNSTREAM LN SWEETGUM WAY S HILLCREEK CIR EB R A N D Y W IN E D R DANIEL ST HAVERFORD DR CASCADE DR MAYFAIR CT P H E A S A N T R U N STEVEN ST BOND AVE LUCE DR N PIN OAK DR LU C E D R S OCTAVIA WAY -Not to Scale--Not a Survey-Rev. 9/23/2015 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09024 Site: 0 McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL A-E Atlas Page: 234A To: I I LANDMARK DR LANDMARK DR ENTERPRISE RD EENTERPRISE RD E McMULLEN-BOOTH RD McMULLEN-BOOTH RD OAK HILL RD OAK HILL RD OAKBROOK CIR OAKBROOK CIR BOOTH BLVD BOOTH BLVD -Not to Scale--Not a Survey-Rev. 9/23/2015 EXISTING SURROUNDING USES MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09024 Site: 0 McMullen Booth Road Property Size(Acres): ROW (Acres): 4.522 0.573 Land Use Zoning PIN: 33-28-16-00000-220-0160 From : RL A-E Atlas Page: 234A To: I I 5050 305033331.38 * SEE PLAT FOR DIMENSIONS 50 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A C 1 A C(C) A C A C (C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR BOOTH BLVD 2314166164168303230582495 2481 30742454 307030122449 3033301418473005245130012471 305430032475 30332451 30382465 2 3 8 8 2456 2382 30292379300830203021 2454 2425 2444 2447 30443026 301530272455 3066306230263007Traf65305030633018238730273082 303830003083300303006 305530213087 305930393023301930623078 30682461 3042 3034 30563090 30303091 3086 30453 0 4 6 3074-Not to Scale--Not a Survey-Rev. 9/23/2015 Commercial Drainage Pond Single Family Single Family Single Family Vacant View looking west at the subject property, Unaddressed McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property ANX2015-09024 HR Tampa Bay LLC Unaddressed McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-09025 Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Approve the annexation of 2425 McMullen Booth Road, together with the abutting west half of the McMullen Booth Road right-of-way; and pass Ordinance 8790-16 on first reading. (ANX2015-09025) SUMMARY: This voluntary annexation petition involves one parcel of land totaling 2 acres. The parcel is currently occupied by a single family home and is located on the west side of McMullen Booth Road approximately 836 feet south of East Enterprise Road . The applicant is requesting annexation in order to receive solid waste and water service from the City, and will be connected to city sewer when the property is redeveloped. The property is contiguous to existing city boundaries along the south and west (see companion case ANX 2015-09024). The Development Review Committee is proposing that 0.496-acres of abutting McMullen Booth Road right-of-way also be annexed. The applicant has also submitted applications to change the property ’s Future Land Use Map designation of Residential Low (RL) to Institutional (I) (LUP2015-09003) and to rezone the property to the Institutional (I) District (City of Clearwater) (REZ2015-09002) upon annexation into the City of Clearwater. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·Collection of solid waste, sanitary sewer, and water service will be provided to the property by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve the property with water, sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; 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. Page 1 City of Clearwater Printed on 12/17/2015 File Number: ANX2015-09025 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 property proposed for annexation is contiguous to existing City boundaries along the south and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Ordinance No. 8790-16 ORDINANCE NO. 8790-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 836 FEET SOUTH OF EAST ENTERPRISE ROAD, WHOSE POST OFFICE ADDRESS IS 2425 MCMULLEN BOOTH ROAD, CLEARWATER, FLORIDA 33759, TOGETHER WITH CERTAIN ABUTTING RIGHT-OF- WAY OF MCMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real property described herein and depicted on the map attached hereto as Exhibit A have petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Tract 22/01 located on the west side of McMullen Booth Road approximately 836 feet south of East Enterprise Road, together with abutting west half of Right-of-Way of McMullen Booth Road; (ANX2015-09025) The map attached as Exhibit A 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 on March 16, 2016. 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 the effective date, and shall file a certified copy with the Florida Department of State within 30 days after the effective date. Ordinance No. 8790-16 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 PROPOSED ANNEXATION Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09025 Site: 2425 McMullen Booth Road Property Size(Acres): ROW (Acres): 2.000 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0100 From : RL A-E Atlas Page: 234A To: I I 5050 305033331.38 * SEE PLAT FOR DIMENSIONS 50 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A C 1 A C(C) A C A C (C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR BOOTH BLVD 2314166164168303230582495 2481 30742454 2387307030122449 3033301418473005245130012471 305430032475 30332451 30382465 2 3 8 8 2456 2382 3029237930083020 3062306830212454 2444 2447 305630443026 30153 0 4 6 30272455 30743066306230263007Traf6530503063301830273082 303830003083300303006 305530213087 30593039302330193078 2461 2425 3042 3034 3090 30303091 3086 3045-Not to Scale--Not a Survey-Rev. 9/23/2015 LOCATION MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09025 Site: 2425 McMullen Booth Road Property Size(Acres): ROW (Acres): 2.000 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0100 From : RL A-E Atlas Page: 234A To: I I SR 580 LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD FRISCO DR SABER DR ALLEN AV E WILDWOOD DR PINE HILL DR EASTLAND BLVD DEER RUN S BOOTH BLVD BARTON LN DEER RUN N BURNTFORK DR D E E R R U N E LEANNE CT RUBY CIR SUNSTREAM LN SWEETGUM WAY S HILLCREEK CIR EB R A N D Y W IN E D R DANIEL ST HAVERFORD DR CASCADE DR MAYFAIR CT P H E A S A N T R U N STEVEN ST BOND AVE LUCE DR N PIN OAK DR LU C E D R S OCTAVIA WAY -Not to Scale--Not a Survey-Rev. 9/23/2015 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09025 Site: 2425 McMullen Booth Road Property Size(Acres): ROW (Acres): 2.000 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0100 From : RL A-E Atlas Page: 234A To: I I LANDMARK DR LANDMARK DR ENTERPRISE RD EENTERPRISE RD E McMULLEN-BOOTH RD McMULLEN-BOOTH RD OAK HILL RD OAK HILL RD OAKBROOK CIR OAKBROOK CIR BOOTH BLVD BOOTH BLVD -Not to Scale--Not a Survey-Rev. 9/23/2015 EXISTING SURROUNDING USES MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust, Kim A Preedom Tre, Randall R Preedom Tre Case: ANX2015-09025 Site: 2425 McMullen Booth Road Property Size(Acres): ROW (Acres): 2.000 0.496 Land Use Zoning PIN: 33-28-16-00000-220-0100 From : RL A-E Atlas Page: 234A To: I I 5050 305033331.38 * SEE PLAT FOR DIMENSIONS 50 10 40 60 60 196.2 20050 40503636200 198(S) 200 805050 40 40 40 30 30 49864 498646161962123 A B 12345678 9 1 2 3 4 5 1 2 3 585960 3334 35 2 3 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 282930 2 22/01 21 4 6.6 21 1.08 22/012 22/04 10.8 21/011 21/012 22/043 22/042 22/041 22/0111 1.06 1 22/015 1.54 22/016 4.43 22/045 22/0114 22/0151A C(C) A C(C) A C(C) A C(C) A C 1 A C(C) A C A C (C)LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD OAKBROOK CIR BOOTH BLVD 2314166164168303230582495 2481 30742454 2387307030122449 3033301418473005245130012471 305430032475 30332451 30382465 2 3 8 8 2456 2382 3029237930083020 3062306830212454 2444 2447 305630443026 30153 0 4 6 30272455 30743066306230263007Traf6530503063301830273082 303830003083300303006 305530213087 30593039302330193078 2461 2425 3042 3034 3090 30303091 3086 3045-Not to Scale--Not a Survey-Rev. 9/23/2015 Vacant Drainage Ditch Commercial Vacant Single Family Single Family View looking west at the subject property, 2425 McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property ANX2015-09025 HR Tampa Bay LLC 2425 McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: LUP2015-09003 Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from the Residential Low (RL) category to the Institutional (I) category for 2425 McMullen Booth Road and an unaddressed parcel on McMullen Booth Road; and pass Ordinance 8791-16 on first reading. (LUP2015-09003) SUMMARY: This Future Land Use Map amendment involves two parcels of land totaling 6.522 acres located on the west side of McMullen Booth Road approximately 836 feet south of East Enterprise Road. One parcel is currently occupied by a single family residence, and the other parcel is currently vacant. The applicants are requesting to amend the properties’ Future Land Use Map category of Residential Low (RL) to the Institutional (I) category, indicating the intention to redevelop the site as an assisted living facility; however, no plans have been submitted at this time. The applicants have submitted three additional applications being processed concurrently with this case: 1.A Petition for Annexation for the 4.522-acre property (vacant) (ANX2015-09024); 2.A Petition for Annexation for the 2-acre property (existing single-family residence) (ANX2015-09025); and 3.A Zoning Atlas amendment to rezone the two parcels (6.522 acres) from the A-E Agricultural Estate Residential District (Pinellas County) to the Institutional (I) Zoning District (REZ2015-09002) upon annexation. The proposed Institutional (I) category would permit development at a density of 12.5 dwelling units per acre, or a FAR of 0.65. However, the City’s Community Development Code limits development within the Institutional (I) District to nonresidential or residential equivalent uses. The Institutional (I) future land use category requested is consistent with the surrounding future land use categories that exist in the vicinity of the subject property. McMullen Booth Road is designated a Scenic/Non-Commercial Corridor, and there is an existing pattern of institutional and residential uses along the corridor, consistent with this designation. The proposed Institutional (I) future land use category will allow the site to develop with a more intense use while providing a transition from the residential properties to the south and west to the commercial properties to the north of the subject site at the Enterprise Road intersection. The Planning and Development Department determined that the proposed Future Land Use Map amendment is consistent with the provisions of Clearwater Community Development Code as specified below: Page 1 City of Clearwater Printed on 12/17/2015 File Number: LUP2015-09003 ·The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·Sufficient public facilities are available to serve the property. ·The proposed amendment will not have an adverse impact on the natural environment. ·The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. The Community Development Board reviewed this application at its November 17, 2015 public hearing and recommended approval with a vote of 6-1. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Ordinance No. 8791-16 ORDINANCE NO. 8791-16 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 APPROXIMATELY 836 FEET SOUTH OF EAST ENTERPRISE ROAD, WHOSE POST OFFICE ADDRESSES ARE 2425 MCMULLEN BOOTH ROAD AND AN UNADDRESSED PARCEL LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 1,054 FEET SOUTH OF EAST ENTERPRISE ROAD, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for Legal Description;From: Residential Low (RL) To: Institutional (I) (LUP2015-09003) 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 on March 16, 2016, contingent upon and subject to the adoption of Ordinance Nos. 8789-16 and 8790-16, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners. The Community Development Coordinator is authorized to transmit to the Pinellas Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 8791-16 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 LUP2015‐09003 and REZ2015‐09002 ========================================================================================= Parcel 1: 33-28-16-00000-220-0160, Unaddressed McMullen Booth Road Tract 22/016 located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road Parcel 2: 33-28-16-00000-220-0100, 2425 McMullen Booth Road Tract 22/01 located on the west side of McMullen Booth Road approximately 836 feet south of East Enterprise Road Exhibit B FUTURE LAND USE MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust Kim A Preedom Tre, Randall R Preedom Tre Case: LUP2015-09003 REZ2015-09002 Site: 0 McMullen Booth Road 2425 McMullen Booth Road Property Size(Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From: RL AE To: I I Atlas Page: 234A IRL P R/O/R R/O/R RU CG RU RU RL R/OG R/OG RU R/OG R/OG RL RL RU R/OG LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD BOOTH BLVD OAKBROOK CIR BARTON LN 25683141661631641681651623032305030582495 306330182481 30742454 238730273082307030122449 3038 303330003014184730053083 245130012471 237330543024 2381300324753033245130063055303824653021 2456 2382 3087 305930392500 302930232379 238030083020301930623078 24613021 2454 2444 3042 2447 305630443090 3026 3091 3086 301530453 0 4 6 2455 3066306230262376 W O O D C R E E K D R DE TREE LN PODOCARPUSDCREEK DR W730002 3 8 8 30682425 3034 3030 30273074252522222525223007Traf-Not to Scale--Not a Survey-Rev. XX/XX/XX SAFETY HARBOR LOCATION MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust Kim A Preedom Tre, Randall R Preedom Tre Case: LUP2015-09003 REZ2015-09002 Site: 0 McMullen Booth Road 2425 McMullen Booth Road Property Size(Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From: RL AE To: I I Atlas Page: 234A ^ PROJECT SITE ENTERPRISE RD E LANDMARK DR McMULLEN-BOOTH RD SABER DR PARKSTREAM AVE BARTON LN DEER RUN S MA R L O B LV D ANTHONY AVE BOOTH BLVD HILLCREEK CIR ESWEETGUM WAY S OA K HILL RD HILLCREEK CIR S SEEDLING DR WOODCREEK DR EDEER RUN ESPLITWOOD WAY WOODCREEK DR S W O O D C R E E K D R NSUNDANCER DR PIN OAK DR OAK COVE DR PARKCREEK DR PODOCARPUS WAY TERENCE CT PIN OAK DR EPATRICK PL OAKBROOK CIR -Not to Scale--Not a Survey-Rev. XX/XX/XX SAFETY HARBOR AERIAL MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust Kim A Preedom Tre, Randall R Preedom Tre Case: LUP2015-09003 REZ2015-09002 Site: 0 McMullen Booth Road 2425 McMullen Booth Road Property Size(Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From: RL AE To: I I Atlas Page: 234A LANDMARK DR LANDMARK DR ENTERPRISE RD EENTERPRISE RD E McMULLEN-BOOTH RD McMULLEN-BOOTH RD OAK HILL RD OAK HILL RD BOOT H BLVD BOOTH BLVD OAKBROOK CIR OAKBROOK CIR BARTON LN BARTON LN -Not to Scale--Not a Survey-Rev. 10/13/15 SAFETYSAFETY HARBORHARBOR EXISTING SURROUNDING USES MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust Kim A Preedom Tre, Randall R Preedom Tre Case: LUP2015-09003 REZ2015-09002 Site: 0 McMullen Booth Road 2425 McMullen Booth Road Property Size(Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From: RL AE To: I I Atlas Page: 234A LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD BOOT H BLV D OAKBROOK CIR BARTON LN 2563141661641681651623032305030582495 3063301824813074 2454 2387302730122449300030143005245130012471 2381 2475 30332451 246523882456 2382 30592500 30292379 24613021 2454 2444 2447 3090 3086 30462455 30743007TrafW O O D C R E E K D R DE TREE LN PODOCARPUSCREEK DR W-Not to Scale--Not a Survey-Rev. XX/XX/XX SAFETY HARBOR 2425 0 Commercial Vacant Single Family Drainage Pond Single Family Single Family Vacant View looking west at the subject property, 2425 McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property LUP2015-09003, REZ2015-09002 HR Tampa Bay LLC 2425 McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road View looking west at the subject property, Unaddressed McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property LUP2015-09003, REZ2015-09002 HR Tampa Bay LLC Unaddressed McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road F.1. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: November 17, 2015 AGENDA ITEM: F.1. CASE: LUP2015-09003 REQUEST: To amend the Future Land Use Map designation from Residential Low (RL) to Institutional (I) upon annexation. GENERAL DATA: Agent……………………… Claire Clements, HR Tampa Bay LLC Applicant / Owner............. Kim A. Preedom Trust, Randall R. Preedom Trust Location……..................... 2425 McMullen Booth Road and an unaddressed parcel, located approximately 836 feet south of Enterprise Road East. Property Size…................. 6.522 acres ANALYSIS: Site Location and Existing Conditions: This case involves two parcels totalling 6.522-acres located on McMullen Booth Road, approximately 836 feet south of Enterprise Road East. The parcels are owned by Kim A. Preedom Trust and Randall R. Preedom Trust. The larger parcel is currently vacant, and the smaller parcel to the northeast is occupied by a single family home. The parcels are within Pinellas County’s jurisdiction, and the applicant has submitted two Petitions for Annexation (ANX2015-09024 and ANX2015-09025) which are being processed concurrently with this case at the December 17, 2015 City Council meeting. Request: The request is to change the property’s Future Land Use Map designation of Residential Low (RL) (Pinellas County) to Institutional (I) (City of Clearwater) upon annexation. The applicants are also requesting to rezone the property from the A-E, Agricultural Estate District (Pinellas County) to the Institutional (I) District (see concurrent case REZ2015-09002). The applicants intend to redevelop the site as an assisted living facility (ALF); however, no plans have been submitted at this time. Although the City permits assisted living facilities in Districts other than Institutional, the Countywide Rules established acreage thresholds for certain uses within residential categories. The maximum size for institutional uses within residential categories is five acres. Therefore, an amendment to Institutional (I) future land use category is required in order to maintain consistency with the Countywide Rules and Countywide Plan Map. Annexation is required in order to connect to City utilities. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Community Development Board – November 17, 2015 LUP2015-09003 - Page 9 of 10 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 6. Maximum Potential Traffic McMullen Booth Rd (Sunset Point Rd to SR 580) Existing Conditions Current FLUM1 Proposed FLUM2 Net New Trips Potential Additional Maximum Daily Trips N/A 437 437 0 Potential Additional Maximum PM Peak HourTrips3 N/A 42 42 0 Roadway Volume (Annual Average Daily) 69,459 69,896 69,896 0 Roadway Volume (PM Peak Hour)3 3,629 3,671 3,671 0 Roadway Level of Service PM Peak Hour F4 F5 F5 Adopted Roadway Level of Service Standard D Peak Hour Abbreviations and Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on PPC calculations of 67 trips per day per acre in the Residential Low Medium (RLM) future land use category. 2. Based on PPC calculations of 67 trips per day per acre in the Public/Semi-Public (P/SP) future land use category for other institutional use. 3. Based on MPO K-factor of 0.095. 4. Source: Pinellas County Metropolitan Planning Organization 2014 Level of Service Report. 5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2014 Level of Service Report and the 2013 Florida Department of Transportation Quality/Level of Service Handbook. Recommended Conclusions of Law: There is an increase in demand for potable water and solid waste, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. The property will connect to the City’s sanitary system when it is developed, but the City’s sanitary sewer system can accommodate the additional wastewater that will be added to the system. Furthermore, parkland and recreation facilities will not be affected by the proposed amendment. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject properties. There is a large cluster of trees along the northern and eastern property lines. The applicants intend to redevelop the site as an assisted living facility, although no plans have been submitted at this time. Prior to redevelopment of this property, site plan approval will be required, and a tree inventory prepared by a certified arborist and a landscaping plan must be included. Recommended Conclusions of Law: Based on current information, no wetlands appear to be located on the subject property. Any proposed redevelopment is required to be compliant with the City’s tree preservation, landscaping and stormwater management requirements. SR 580SR 59 0 McMULLEN-BOOTHLANDMARKBAYSHOREDREW UNIONFOX HILLENTERPRI SE SECONDSUNSET PO INT DAMASCUSI R /OS I P T/U R S R M R /OS R LM R H R L R /OL R U C G R FH IL Serv ic e Laye r Cre dits: Sources : Esri, HERE, De Lorme , USGS, Interma p, increment P Corp.,NRCAN, Esri Ja pan, METI, Esri China (Hong Kong ), E sri (Th aila nd), TomTom, Ma pmyIndia, ©Op enStre etMa p c ontribu to rs, and the GIS Use r Community Legend Subject Parcels Future Land Use (RE ) Residential Estate (RS ) Residential Suburban (RL) Residential Low (RU) Residential Urban (RLM ) Residential Low Medium (RM) Residential Medium (RH) Residential High (R/OL) Residential/Office Limited (R/OG) Residential/Office General (R/O/R) Residential/Office/Retail (RFH) Resort Facilities High (CN) Commercial Neighborhood (CL) Commercial Limited (CG) Commercial General (CB D) Central Business District (IL) Industrial Limited (IG) Industrial General (P ) P reservation (R/OS) Recreation/Open Space (I) Institutional (T/U) Transportation/Utility (CRD) Community Redevelopment District Institutional Land Uses along McMullen Booth Road J Propo sed :In stitut ional (I) From:MaryBeth Yodis To:Brotherton, Kyle Subject:ANX2015-09002, ANX2015-09024 Date:Friday, December 04, 2015 3:39:58 PM I am writing concerning the annexation and change in zoning of 2425 McMullen Booth Road and an unaddressed parcel. The request has been made to change the zoning from "residential low" to "institutional". I presently reside in the development known as Shady Oaks Farms. This development intersects McMullen Booth Road at Marlo Boulevard. I have waited to write until now because I wanted to collect some concrete data to share with you concerning the amount of traffic on McMullen Booth Road. I leave via Marlo Boulevard and turn north onto McMullen Booth Road daily to go to work in Oldsmar. I kept data for the week before and the week since Thanksgiving break. I have had to wait anywhere from 8 to 20 minutes to turn north. On several mornings, I gave up and turned right and went all the way around to US 19 via Sunset Point Road. The traffic does not abate during the day. In the evening, I attempt to leave to go to dinner with family and it is the same wait time. Traveling north on McMullen Booth and trying to turn left onto Marlo Boulevard is also difficult. It is not that the traffic backs up and stops, it is a steady stream of speeding cars which will only be complicated by the increased traffic if this land is changed to institutional and approved for the Assisted Living Facility proposed for this property. The Assisted Living Facility is proposing to have 241 residential units. These residents will have visitors as well as employees of the facility adding traffic to the all ready over crowded and dangerous McMullen Booth Road. Please consider the impact of additional traffic, as well as the loss of green space, before you make this change in zoning. When my parents purchased this house in 1985, there were cows in our backyard. I understand the need for change and growth, but there is a limit to how many cars and people can be crammed into a finite space. If you have any questions, please do not hesitate to contact me. MaryBeth Yodis/George Rerig 3008 Oak Hill Road Clearwater, FL 33759 727-422-4336 From:MaryBeth Yodis To:Brotherton, Kyle Subject:ANX2015-09002, ANX2015-09024 Date:Tuesday, December 15, 2015 9:29:48 PM I am writing concerning the annexation and change in zoning of 2425 McMullen Booth Road and an unaddressed parcel. The request has been made to change the zoning from "residential low" to "institutional". I am concerned about this change for multiple reasons. First is traffic. The traffic on McMullen Booth Road now is unbearable at times, particularly rush hour, and you are proposing adding 241 more residences along with the support people needed for this facilty to an all ready crowded road. I am not only referring to the amount of traffic on the road but also to the number of accidents and illegal U turns at the intersection directly south of the proposed site. We reside in Shady Oaks Farms and daily I personally witness multiple illegal U turns while I am attempting to exit the development legally. My second concern is the impact this will have on the local property values. A facility that is 4 stories high right next to a residential area will be an eyesore. The height of the propsed building will allow the residents of these new buidlings direct site lines into the back yards and back windows of the homes located adjacent to the property line. I personally do not want strangers looking into my backyard at all hours of the day and night. This is a quality of life issue for all of the current residents in the adjacent property. Currently the maximum height of the homes in this development is limited to 2 stories. Due to commitments and illnesses within our family, I will be unable to attend this meeting. Please accept this email as a vote against this zoning change. If you have any questions, please do not hesitate to contact me. MaryBeth Yodis/George Rerig 3008 Oak Hill Road Clearwater, FL 33759 727-422-4336 From:rmvanname@verizon.net To:Brotherton, Kyle Subject:Case REZ2015-09002 Date:Tuesday, November 17, 2015 9:37:49 AM Mr. Brotherton; I live in the neighbor just south of the property in question, near the intersection of McMullen Booth and Enterprise Road. The proposed plan calls for an assisted living facility with 241 units. The traffic situation exiting my neighborhood and turning left onto McMullen Booth is already very dangerous. The additional traffic that this facility will generate, I believe will have deadly consequences. I am not trying to sound dramatic, I truly believe this. There is also a plan directly across the street for a smaller assisted living facility. I just don't think the increase in traffic is safe. I just ask that you observe the existing situation before you make this decision. You will witness a daily game of Frogger (hope you are familiar). Thank You for you consideration in this matter Sincerely, Rosemary VanName 2382 Shade Tree Ln. Clearwater From:Darlene To:Brotherton, Kyle Subject:Case REZ2015-09002 Date:Tuesday, November 17, 2015 12:14:27 PM As property owners at 2381 Podocarpus Way we are concerned with increased traffic on McMullen Booth Road that would result from institutional development. Please consider alternative location with less residential and traffic volume. Frank and Darlene Stringfellow. From:JillCopek To:Brotherton, Kyle Subject:OBJECTION to proposed Senior Living- McMullen Booth Rd Date:Tuesday, November 17, 2015 11:18:39 AM Hello Kyle, In my opinion as a realtor and resident of Shady Oak Farms, anytime trees and greenspace are replaced with buildings and cement, it's unappealing and has a negative impact. Properties which line the senior living "wall" will be affected the most. When owners sell, they won't get as much per square foot. Had the agricultural property remained, the view would be more desirable, bringing a higher price per square foot when sold. Of course comps are usually calculated using an entire subdivision so our home values will decrease also. In addition to decreasing values, this change from agricultural to residential in Pinellas County will remove green-space desperately needed. With pollution and chemical emissions from nearby businesses, we need oxygen and the benefits mature trees and foliage provide. Thank you for considering this property to be kept as agricultural. Jill Copek, P.A. From:Betsy Marvin To:Brotherton, Kyle Subject:Property on the corner of McMullen Booth and Enterprise Date:Tuesday, November 17, 2015 3:40:37 PM Hell Mr. Brotherton, I am writing regarding the property that the city is proposing a change in zoning for on the property that abuts our neighborhood. This will create an over-abundance of traffic on an already ridiculously busy corner. There are already many emergency vehicles traversing our streets at all hours of the day and night but if you add a facility such as the one planned it will be even more troublesome for us. People trying to make a Uturn on McMullen Booth heading north turning south have a hard enough time making the already ‘short’ light cycle not to mention the people heading east on Enterprise that turn south on MMB on a RED in front of the U-turners. It causes great trouble. We have finally come out of our housing slump of 5-8 years and our property values are starting to head back in the direction that we all want. This added facility will lower the value of our homes tremendously as the marketability will become stagnant and depressed. Certainly making that property a subdivision of homes would benefit everyone as opposed to hurting many of us that border the property. I am going to try to be at the meeting tomorrow but I was just informed of this situation a couple of days ago. Please- I encourage you to survey the surrounding neighbors because I’m fairly certain most would agree with the above. Thank you for your time. Elizabeth Cortis/aka Betsy Marvin 2367 Barton Lane Clearwater FL 33759 727 460-8487 From:Richard Theriault To:Brotherton, Kyle Subject:Proposed rezoning, Ordnances 8791-16 & 8792-16 Date:Sunday, November 15, 2015 12:50:45 PM Dear Mr. Brotherton: We plan to be present at the 11/17 Planning Commission meeting concerning proposed rezoning to “Institutional” of the Preedom property south of Enterprise Road and west of McMullen-Booth Road, but wish to assure that our concerns are registered in the event that we are unable to attend. 1: Runoff. The proposed use is essentially the paving over of the entire 6+ acres with buildings, roads, and parking. We are concerned that this large impervious area will create significant runoff problems similar to those our neighbors experienced when the Oakbrook Circle development was built, graded so that Oakbrook back yards were several feet higher than those in shady Oak Farms, creating severe flood conditions. If the proposed development is allowed, a constraint should be that it is graded so that runoff from rains will be directed to the north and the existing retention pond. 2: Parking density and location. The present plan shows dense parking lineups along the west and south perimeters, adjacent to our bedrooms and those of the Oakbrook development. The noise of starting engines and slamming car doors is a potential problem at this close proximity and density, and there is some question of the lighting for these parking areas impinging on our properties. Also, we feel that staff parking needs to be to the north near the retention pond, and away from existing residences. 3: Ventilation. We are concerned that the bulk of the proposed building, and the surrounding wall (which is essential to provide us necessary visual and noise protection) will also block all airflow from the north and east, eliminating the natural ventilation of our properties and its relief from the Florida heat. This sounds trivial but it definitely is not. A major challenge to this development will be design of a perimeter wall of sufficient porosity to permit reasonable airflow while still affording adequate visual and noise barriers. 4: Conservation. The south perimeter of “the tract,” along the north perimeter of Shady Oak Farms, contains several magnificent oaks of great size, mostly situated where they can be incorporated in the perimeter treatment. We are deeply concerned, and believe the City of Clearwater forestry department will be also, that these trees be preserved to the greatest extent possible, and not just eliminated to “get them out of the way.” 5: Traffic. Beyond question, McMullen-Booth traffic is already a nightmare. Whatever ultimately goes into this property will generate additional traffic of some sort. We need some assurance that, the proposed use being a group residence for seniors, the predictable influx of emergency vehicles will be somehow regulated to spare us from frequent “lights and sirens” while also serving the emergency needs of the development’s residents. 6: Sheer bulk. The visual impact of a large four-story building in this stretch of low-lying structures may be severe. We are certain that concerns about this aspect of the proposal will be addressed by others of our neighbors. 7: Coordination and cooperation. The level of predictable resistance by adjacent established communities will depend greatly on the proposer’s willingness to address our concerns, work with us, and avoid infringing our traditional “right to quiet enjoyment of our homes.” Please register these concerns of Shady Oak Farms residents in the Commission’s consideration of this proposal. Thank you for your attention. *********************************** Richard and Barbara Theriault 3038 Oak Hill Road Clearwater FL 33759-1319 727-799-3038 *********************************** ribit@earthlink.net From:MARYLOU BOELKE To:Brotherton, Kyle Subject:RE: ANX2015-09024 and ANX2015-09025 meeting today Date:Tuesday, November 17, 2015 2:06:51 AM Mr. and Mrs. Russell A Boelke 3074 Oak Hill Road Clearwater, FL 33759 Home: (727) 726-2422 RE: ANX2015-09024 and ANX2015-09025 Dear Mr. Brotherton, My Husband and I purchased our home at the above address in June of 2005. The home was in need of repairs, and we have been renovating off and on ever since. We have raised our family here. We are invested in this community. Shady Oak Farms is a small, quiet development, made up of a large amount of long term residents, many of whom have lived here since the homes were first built in the early 1980’s. I am writing this to voice my extreme concerns about the proposed petition for annexation and change of zoning to (I) Institutional of 2425 McMullen Booth Road, and the unaddressed parcel located approximately 836 ft. south of Enterprise Road East. Apparently, no plans had been submitted at the time of the zoning request. On November 5, 2015, a meeting was held for residents of the multiple developments affected by this plan. However, only a small group was there, due to the extremely vague nature of the invitation (see attached). McMullen Booth Road is a long road and since there was no address stating WHERE the Senior Living Facility was to be located, I am sure many residents simply did not realize it was concerning the property adjacent to us. This was the information we were presented with: The proposal is to rezone and allow a 241 unit, 3 and 4 story senior independent living facility with a 250 car parking lot adjacent to our development. The site plan showed a 6' wall with a 12' buffer of trees (their example was spruce and oaks). However, they were not the 40' oaks that are now on the property, they will be smaller trees planted. It seemed their intention was to eliminate all the old growth oaks. There are also plans to develop a sister project, for an assisted living and memory care building directly across McMullen Booth Road on the Safety Harbor side between the McDonalds and Northwood Estates East and Weatherstone communities. That would be 88 beds and also 3 and 4 stories. We were informed that even if the Safety Harbor project was not approved (they may get more resistance in Safety Harbor), they intend to move forward with the Clearwater site. As residents whose yard borders this proposed development, you better believe my Husband and I have concerns! 1) TRAFFIC: They intend to have classes and restaurants and bistros and be a vibrant community, sounds nice. But between the staff and the residents and visitors, and delivery vehicles, traffic will increase in an area that is already extremely overburdened and often dangerous. As you know, McMullen Booth Road is a 6 lane, 45 mph highway. Rush hours are extremely difficult to maneuver and the solid traffic goes on for miles with no break. In the morning the extreme traffic starts at about 6:30 am and lasts until about 8:30 or 9:00 am. In the afternoon, it begins at about 3:30 pm and does not slow until 6:30 to 7:00 pm. We have a left hand turn inlet between the entrance of Weatherstone and Marlo Blvd. (the entrance to our development). During certain times of the day, it is completely blocked with solid traffic waiting for the light at Enterprise Road (daily traveling north in the evening) or, less often, the light at Union/Cedar in the morning heading south. Also, it is specifically designated No U turn. Yet, almost every day I see someone making an illegal U turn and causing residents to sit several extra minutes trying to get another small break in traffic. These illegal U turns increased dramatically when they started building Renaissance Oaks and it continues now. Renaissance Oaks is a small community of single family residences, MUCH smaller than the amount of people this ALF will accommodate. 2) COMMERCIAL: The zoning may say institutional, but essentially this is a commercial enterprise, similar to a hotel or motel, only with permanent residents. There will be restaurants, nursing, and cleaning staff, deliveries of food and supplies, etc. 3) EMERGENCY VEHICLES: At all times of the day and night, with the lights and noise that go along with it. As with any elderly care facility, it will happen often. 4) 3 and 4 STORY BUILDING: They keep trying to downplay the 4th story, but a building’s height is measured by the tallest point, so we ARE discussing a 4 story building. Taller than any of the other structures in the general vicinity, even the commercial buildings, it will be highly visible. They are proposing a 6’ wall, the height of a residential privacy fence and a 12’ green space buffer. That will not mask the eyesore of multiple stories, even for those whose direct property lines are unaffected. Which leads me to, 5) LIGHTING: (For the building and the parking lot) While they addressed this in the meeting by saying all lighting must be aimed into their property, it is unreasonable to say they have any control where lights brighten at night. 6) SNEAKINESS and MANIPULATION: While most of us would like to see this land continue to go undeveloped, we understand that is unrealistic. I cannot speak for anyone else, but I don’t think there would be any objection to a development of single family residential homes on this property. However, we never saw this property offered for sale. That meeting notification card for the presentation to residents as a group, had no location indicated, which insured that it was not well attended, and made it difficult for the residents to get organized. Mr. Ron Carlson went around the neighborhood on a Friday morning (when many are not home) to supposedly listen to our opinions, and hear our concerns. Residents who did not attend the meeting then only got his perspective. Also, even though many residents object to this project, they have no intention of withdrawing the petition, so who is he really listening to? They are saying they want to work with us cooperatively, when all they are really trying to do is manipulate us into not causing a fuss, so they can get what they want. 7) DECREASING OUR PROPERTY VALUES: At a time when our property values are finally recovering some, this will have a negative impact. Mr. Carlson was trying to tell me I was wrong about that the other day. His argument was self serving and unrealistic. Real estate is all about “Location, Location, Location”. The back of our property also borders McMullen Booth Road. Some people do not want to live on a busy street with the noise, dirt and traffic. Real estate is a commodity that is subject to the laws of supply and demand. Any time you reduce the pool of potential buyers for a property, it will take longer to sell, and you will not get a premium price for it, no matter how nice it is. Backing up to McMullen Booth Road was a known issue when we purchased the property, and we accepted it. If this proposal goes through as planned, through no choice of ours, our property will become significantly less desirable, will be much harder to sell and ultimately sell for less. That, in turn, will reduce the comparables. When that happens, even those not directly effected by this, may take a financial hit when they attempt to sell. The developer and the current property owners do not live Clearwater or Safety Harbor. They will not face the noise or the extra traffic, the lights in their back yards, the increased auto accidents, or property devaluation. They are not invested in the long term effects of this project, or even the safety of the residents. They just want to make their money and move on to the next project, leaving us all to suffer for their profit. Please take care of us, your neighbors and constituents. Don’t grant the rezoning of these residential properties. Sincerely, Marylou Boelke and Russell Boelke From:MARYLOU BOELKE To:Brotherton, Kyle Subject:RE: ANX2015-09024 and ANX2015-09025 meeting today Date:Tuesday, November 17, 2015 7:54:04 AM Mr. and Mrs. Russell A Boelke 3074 Oak Hill Road Clearwater, FL 33759 Home: (727) 726-2422 RE: ANX2015-09024 and ANX2015-09025 Dear Mr. Brotherton, We have one more item to add to our long list of concerns about the request to amend this property's future land use from Residential Low (RL) (Pinellas County) to Institutional (City of Clearwater). The city of Clearwater is clearly only one part of a larger entity, the County of Pinellas. If there is a Countywide Rule that limits the size of institutional uses within residential areas to no more than five acres, how can the City of Clearwater allow this project of approximately 6.5 acres to move forward? I am sure Pinellas County has good reasons not to allow this. Sincerely, Marylou Boelke and Russell Boelke From:Richard Theriault To:Brotherton, Kyle Subject:Re: Proposed rezoning, Ordinances 8791-16 & 8792-16 Date:Monday, November 16, 2015 12:08:58 PM Good morning! Thank you very much for your response, and your attempt to phone. Yes, the line has been busy for hours, as my wife struggled with eBay to unscramble a mess THEY made. I’m sorry you couldn’t get through, and I have left a message on your voicemail when I tried to return your call. I didn’t know until Sunday afternoon that there was an avenue of contact, and that’s why you got my email so late. It is reassuring to know that this proposal is still very preliminary, based on only a conceptual plan. I believe my neighbors thought the ordinances might possibly be enacted on this basis alone. From your email and attachments it is clear that far more realistic plans are required, and significant city regulations and requirements will help to address our concerns. We look forward to working with all parties to achieve an optimum result, and we thank you for your efforts. *********************************** Richard Theriault 3038 Oak Hill Road Clearwater FL 33759-1319 727-799-3038 *********************************** ribit@earthlink.net P.S. I just caught my typo in the subject! I meant “Ordinances,” of course; not “Ordnances” as in “artillery.“ On Nov 16, 2015, at 10:10 AM, <kyle.brotherton@MyClearwater.com > <kyle.brotherton@MyClearwater.com > wrote: Good morning, I just tried to call, but your line was busy. I’m going to see if I can address some of your concerns brought forward in the email below. I have also attached my staff reports for the cases as well. For these two cases, the Land Use Amendment and the Rezoning, all we have from the applicants are conceptual site plans. We can’t review against conceptual site plans, and any site plan that is formally submitted in the future will be reviewed by our staff plus staff from other departments. Those departments include planning for density/intensity, land resources for trees, traffic for the traffic concerns, storm water for drainage and run off, as well as fire, solid waste, and others. The applicants, when formally submitting a site plan, will also have to submit a tree inventory that was conducted by a certified arborist. Our land resources staff would then go out and grade the trees and make sure the tree inventory is correct. The applicants had a meeting with community members a little over a week ago, which brought forward some of the same concerns you have listed below. If you wish to speak further with the applicants about that meeting, you can contact Mr. Todd Pressman at 727-804-1760. After reading through my staff reports, and speaking with the applicants regarding their community meeting, if you still have concerns or wish to pull the case from consent, please let me know via email. If you wish to speak in person about the concerns, I am available today before 1:00 pm. My direct line is 727-562-4626. Thank you Kyle From: Richard Theriault [mailto:ribit.g@gmail.com] On Behalf Of Richard Theriault Sent: Sunday, November 15, 2015 12:51 PM To: Brotherton, Kyle Subject: Proposed rezoning, Ordnances 8791-16 & 8792-16 Dear Mr. Brotherton: We plan to be present at the 11/17 Planning Commission meeting concerning proposed rezoning to “Institutional” of the Preedom property south of Enterprise Road and west of McMullen-Booth Road, but wish to assure that our concerns are registered in the event that we are unable to attend. 1: Runoff. The proposed use is essentially the paving over of the entire 6+ acres with buildings, roads, and parking. We are concerned that this large impervious area will create significant runoff problems similar to those our neighbors experienced when the Oakbrook Circle development was built, graded so that Oakbrook back yards were several feet higher than those in shady Oak Farms, creating severe flood conditions. If the proposed development is allowed, a constraint should be that it is graded so that runoff from rains will be directed to the north and the existing retention pond. 2: Parking density and location. The present plan shows dense parking lineups along the west and south perimeters, adjacent to our bedrooms and those of the Oakbrook development. The noise of starting engines and slamming car doors is a potential problem at this close proximity and density, and there is some question of the lighting for these parking areas impinging on our properties. Also, we feel that staff parking needs to be to the north near the retention pond, and away from existing residences. 3: Ventilation. We are concerned that the bulk of the proposed building, and the surrounding wall (which is essential to provide us necessary visual and noise protection) will also block all airflow from the north and east, eliminating the natural ventilation of our properties and its relief from the Florida heat. This sounds trivial but it definitely is not. A major challenge to this development will be design of a perimeter wall of sufficient porosity to permit reasonable airflow while still affording adequate visual and noise barriers. 4: Conservation. The south perimeter of “the tract,” along the north perimeter of Shady Oak Farms, contains several magnificent oaks of great size, mostly situated where they can be incorporated in the perimeter treatment. We are deeply concerned, and believe the City of Clearwater forestry department will be also, that these trees be preserved to the greatest extent possible, and not just eliminated to “get them out of the way.” 5: Traffic. Beyond question, McMullen-Booth traffic is already a nightmare. Whatever ultimately goes into this property will generate additional traffic of some sort. We need some assurance that, the proposed use being a group residence for seniors, the predictable influx of emergency vehicles will be somehow regulated to spare us from frequent “lights and sirens” while also serving the emergency needs of the development’s residents. 6: Sheer bulk. The visual impact of a large four-story building in this stretch of low-lying structures may be severe. We are certain that concerns about this aspect of the proposal will be addressed by others of our neighbors. 7: Coordination and cooperation. The level of predictable resistance by adjacent established communities will depend greatly on the proposer’s willingness to address our concerns, work with us, and avoid infringing our traditional “right to quiet enjoyment of our homes.” Please register these concerns of Shady Oak Farms residents in the Commission’s consideration of this proposal. Thank you for your attention. *********************************** Richard and Barbara Theriault 3038 Oak Hill Road Clearwater FL 33759-1319 727-799-3038 *********************************** ribit@earthlink.net <REZ_SignedStaffReport.pdf><LUP_SignedStaffReport.pdf> From:eric@oceanliferealty.com To:Brotherton, Kyle Subject:REZ2015-09002 Date:Tuesday, November 17, 2015 3:40:41 PM Hello Kyle, I know this inquiry is some what late but I just found out about tomorrows meeting from a neighbor. I assume I was not notified directly since my home is not within 200 feet of the proposed property requesting zoning changes. My concern is the amount of additional traffic on a already congested roadway during the 2 hours of every week day morning and 2 hours of every week day afternoon. The business rush hours make it extremely difficult to exit our subdivision known as Shady Oak Farms which is just south of this proposed site. Thank you for your time. Sincerely, Eric Von Heal Ocean Life Realty, Inc. 3078 Marlo Blvd Clearwater, Fl. 33759 727-447-3995 727-712-8343 fax www.oceanliferealty.com eric@oceanliferealty.com From:Susan Clairmont To:Brotherton, Kyle Subject:Shady Oaks Farms/New Senior Living Facility Date:Tuesday, November 17, 2015 11:26:02 AM Dear Mr. Brotherton, As a resident of Shady Oaks Farms for 23 years, I am against changing the zoning for the property in the north side of our subdivision. Not only will it affect our property values negatively, but will again burden our neighborhood with additional traffic woes. As a engineer, I submitted plans long ago requesting relief from trying to pull out of the neighborhood and onto McMullen-Booth Road. Of course, to no avail. We are the only neighborhood that has another neighborhood (Weatherstone) directly across from us. It is very dangerous and difficult to turn north. In addition, we have the new neighborhood to the south (Renaissance Oaks) the uses our entrance as their U-turn loop, as the city did not require their developer to incorporate a proper ingress/egress into their subdivision. Now, we will have the added traffic from this major facility. The original request was to close the entrance to McMullen-Booth Road, off of Marlo Boulevard, and open Marlo on the other end at Landmark Drive. This option would be so much safer for our residents. I am asking for a detailed traffic study, preferable via a third (and impartial) party. In addition, I am requesting an evaluation on how my property value will be affected if this facility is constructed. Thanks you for your time, and as a longtime citizen of Clearwater, I expect to have the studies that I requested. Susan Clairmont 3039 Pin Oak Drive Clearwater, FL 727-726-7074 Sent from my iPhone Steven H. Allison, AICP steve.allison11@gmail.com Professional Experience President, SONA Consulting / Allison Planning & Zoning Owner of a sole proprietorship land use consulting business. Represent clients in zoning and land use changes, other regulatory and permitting issues, and eminent domain planning analyses in multiple governmental jurisdictions. Certified to perform expert witness testimony. Practice has included both proponent and opponent representation. (2001 — present) Vice President, Land Planning; Engelhardt, Hammer & Associates, Inc., Tampa, Florida - Responsible for rezoning studies, comprehensive plan studies, eminent domain projects, plan amendments, corridor planning studies, Developments of Regional Impact, site feasibility projects and similar land planning activities for public and private sector clients. (2000 — 2001) Zoning Manager, Hillsborough County, Tampa, Florida - Supervised professional planning staff that review proposals and prepare reports for rezoning applications, zoning modifications, and Developments of Regional Impact. Responsible for the presentation of planning reports and recommendations in televised public hearings before the Zoning Hearing Master and Board of County Commissioners. (1999 — 2000) Executive Planner, Hillsborough County Planning and Development Management Department, Tampa, Florida - Performed multiple highly responsible planning tasks for the land use /policy planning entity for unincorporated Hillsborough County. Specific responsibilities included review and recommendations on land development applications, the authorship and coordination of changes and updates to the Land Development Code, development of growth management strategies, presentation of planning reports and recommendations to the Board of County Commissioners, Zoning Hearing Master, citizen committees, neighborhood and civic organizations. Provided supervision to professional and technical employees. (Senior Planner, 1988 - 1989, Principal Planner 1989 - 1992 and Executive Planner 1992 - 1999) City Planner, Department of Planning and Economic Development, Shawnee, Kansas - Responsible for the planning function for Shawnee, a high - growth city of 35,000 in the metropolitan Kansas City area. Wrote and presented reports on all land development applications including rezoning, special use permits, plats and site plans. Authored an update to the City's comprehensive plan, a downtown revitalization plan, and numerous other special area plans and reports. Coordinated ordinance changes and planning policy development. Provided supervision to planning staff. (1984 — 1988) Urban Planner, Department of Planning and Transportation, Galveston, Texas - Responsible for the preparation and presentation of a variety of current and advance planning projects to the Planning Commission and City Council. Specific responsibilities included: staff representative to the Historic District Board, Hazardous Materials Committee and Seawall Beautification Committee; capital improvements planning, neighborhood planning, zoning administration, budget preparation and various special projects. (1982 — 1984) Assistant Planner, Lawrence - Douglas County Planning Office, Lawrence, Kansas - Provide general planning assistance one year prior to and throughout graduate school, principally in the areas of neighborhood and downtown planning. Work included land use surveys, housing /building surveys, statistical analyses, and graphics. Authored a neighborhood plan and contributed to numerous other office publications. (1978 — 1982) Education Master of Urban Planning, (Land Use and Policy Planning), University of Kansas, 1981 Bachelor of Social Welfare, (Community Development), University of Kansas, 1975 Professional Affiliations Member, American Institute of Certified Planners Member, American Planning Association Member, Florida Chapter of American Planning Association Member, Honor Society of Phi Kappa Phi Past President, Graduate Students in Urban Planning, University of Kansas Past President, Pizzo Elementary PTA Woman behind Tampa stadium plan for Rays calls it 'just a vision' I Tampa Bay Times a 13ag flmcl WINNER OF 10 PULITZER PRIZES Page 1 of 3 Wo an behind Tampa stadium plan for Rays calls it 'just a visi n' By Bill Varian and Rebecca Catalanello, Times Staff Writers Thursd4r, February 18, 2010 11:24pm TAMPA — The woman behind a stadium plan for downtown Tampa says sbe didn't know much about baseball before her husband got invited to throw out the first pitch at a Tampa Bay Rays game. That "beautiful experience" was a year and a half ago, and ignited her interest in the sport. Soon after, Claire Clements learned that the team was locking for a new stadium and there was talk the Rays could leave town altogether. It got her thinking. If there comes a day where the Rays want to leave the bay area region I this would be an option," Clement said of the conceptual plan that reulted. "That would be up to them, not me. It's just a vision." Clements wouldn't say Thursday who she is working with on the projecti. She wouldn't discuss what, if any, efforts there have been to lock u0 land in the Channel district for a possible stadium, or how such a deal would be financed. Nor dial she deny working with anyone else or trying to obtain rights to landi. She said she's not working with the Rays in any fashion. Clements, 53, stressed that she had no intention of going public with any of her efforts until the Rays indicate they intend to leave St. Petersburg and Tropicana Field. She said she believes something her mother says: "If you stir it, it stinks." She spoke reluctantly Thursday after the Times obtained a rendering her real estate company commissioned for a proposed baseball complex in downtown Tampa. The plan includes shops, offices, parks, a waterfront hotel and a stadium on a site stretching from the Garrison Channel to Jackson Street. She sand, so far, that's all it is — a rendering, subject to change or abandonment. It's an option for keeping the Rays in the region should discussions go south in St. Petersburg. It's their business, it's not mine. If this concept helps maintain the team in our region for all the young families , that like to go to baseball games, that's great," Clements said. Clements is the president of Land and Sand Inc., a real estate business she runs from her home in Westchase. She grew up in Dade City, the daughter of a citrus farmer, and speaks with a strong Southern accent and is known for her salty tongue. .er MIKE PEASE I Times (2000) Claire Clements says she is not working to acquire rights to land. http: // www. tampabay .com/news/humaninterest/woman- behind - tampa- stadium -plan- for -r... 12/17/2015 Woman behind Tampa stadium plan for Rays calls it 'just a vision' I Tampa Bay Times Page 2 of 3 1I She is not well known as one of Hillsborough County's financial heavy hitters. And she is not notably active in the civl 1c or political arena, giving modestly to political campaigns compared to other developers. Licens''ad to sell and broker real estate since 1995, Clements has become known for buying and dividing rural land in Hillsborough, Pasco and Hernando counties, sometimes sparking controversy along the way. Her work ranges from a residential subdivision and sand pit in Hernando County to office buildings on Linebaugh Avenue. 1 In the ast decade, she lost two battles in the Keystone area of north Hillsborough when she sought support for develo went there, rankling members of the Keystone Civic Association. She's aught us to have suspicion of her motives and purposes," said Tom Aderhold, president of the civic associ tion, which successfully fought to maintain a more rural feel to the area. Aderhold, a Republican runni g for the District 47 state House seat, said he felt Clements gave residents a false idea of the projects' benefi s. In 2001, Clements worked with the Oliva family of Oliva Tobacco Co. to try to build office buildings, a Publix and estate homes around Lake Fern, where they had owned land for decades. County commissioners eventually voted the project down. Clements donated to former County Commission candidate Denise Layne, who once served as president of the Lutz Civic Association. Though Layne said she hasn't spoken with Clements in years, she wasn't surprised when she saljv her name arise in connection with the Rays stadium. I kind of smiled and said, 'Whoa, Claire is all over the place!' " Layne said, describing Clements as "very cordial," despite the reputation she developed among some in the Keystone community. Her husband is Alan Clements, who does in -store marketing campaigns for grocery stores around the world. He racked up so many frequent flier miles that he got invited to throw out the first pitch at a Rays game about 18 months ago. Claire Clements found herself moved by the cheering crowd, the woman singing the national anthem, and families in the stands doing something wholesome together. She liked it. She was aware of talks for a new Rays stadium on the St. Petersburg waterfront that fell through. She began following the work of the ABC Coalition, a business group formed to recommend stadium options. Clements said she began working on an idea more than a year ago, asking people's thoughts. She formed a corporation called Channel Town in February 2009, though her name was removed as its agent Monday, two weeks after an annual filing that still listed her as its manager. Clements declined to discuss the company. Woman behind Tampa stadium plan for Rays calls it 'just a vision' 02/18/10 Photo reprints 1 Article reprints 2015 Tampa Bay Times 0 Comnnenting Guidelines Abuse Policy Articles and offers from around the Web Ads by Adbiade http: / /www. tampabay .com/news/humaninterest/woman- behind - tampa- stadium -plan- for -r... 12/17/2015 Kris Kline, 3044 Oak Hill Rd, Clearwater, FL 33759 klinekris@aol.com 813.451.9360 RE: FUTURE LAND USE: Kim A. Preedom Trust, Kim A. Preedom TRE, Randall R. Preedom Trust, Randall R. Preedom, TRE) LUP2015- 09003/REZ2015 -09002 First, I want to thank you for inviting those of us with concerns to speak. I have read the City's Goals, Objectives, and Policies for Future Land Use and found a significant part of its goals and objectives to be: Significant open space areas. Protect community assets such as... neighborhood character features. Development should be designed to maintain and support the existing or envisioned character of the neighborhood. The city of Clearwater shall utilize planning to ensure neighborhood preservation and advance community character and quality of life. It is difficult to see how changing agricultural and residential zoning to institutional zoning would meet those goals. My specific concerns involve the following: The properties in question are now home to 100s year -old live oak trees and wildlife, which includes everything from falcons to butterflies living in natural butterfly habitats. Our neighborhood is very "green" and very quiet. Open, uncovered parking adjacent to residential districts; traffic noise and lights coming and going 24/7, ongoing deliveries; 24 -hour shift changes; ambulances and sirens; large landscapes of concrete; an expansive, several -story building structure and traffic intrusion decreasing our neighborhood safety and enjoyment would destroy the entire quality of life our neighbors now experience. Of further concern: The strain on the area's infrastructure (see legal attachment). The proposed use is essentially paving over the entire six -plus acres, creating a potential nightmare. Increasing traffic spilling out of the 250 parking spaces southbound onto an already congested McMullen Booth Road, specifically increasing the difficulty of exiting and entering Shady Oak Farms, and additional traffic adding to the present traffic overload including the crossroads of McMullen Booth Road and Enterprise. Noise and light pollution. Thank you. Kris Kline Enc: Authority for County Attorney to Settle Litigation Pinellas County v. Kim Preedom and Randall Preedom, as Co- Trustees, Preedom Land Trust, and KOS Corporation Case No. 09 -008 160 -CI -2 1 TO: The Honorable Chairman and Members of the Board of County Commissioners FROM: James L. Bennett, County Attorney SUBJECT: Authority for County Attorney to Settle Litigation Pinellas County v. Kim Preedom and Randall Preedom, as Co- Trustees, Preedom Land Trust, and KOS Corporation Case No. 09- 008160 -CI -21 COMMISSION ANIMA DATE: December 14, 2010 RECOMMENDATION: I RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETTLEMENT IN THE CASE AGAINST KIM PREEDOM AND RANDALL PREEDOM AS TRUSTEES, PREEDOM LAND TRUST, AND KOS CORPORATION DISCUSSION: This case involves an alleged environmental infraction which occurred at a commercial plaza located off of McMullen Booth Road. The suit relates to several discharges of non - stormwater effluent to Mullet Creek, which is part of the County's municipal separate storm sewer system (MS4). As you may be aware, the County holds permit number FLS000005, which requires that it manage its MS4 throughout unincorporated Pinellas County. As part of that permit, the County is required to prevent non - stormwater discharges to its MS4. This suit was brought pursuant to the County's authority under the referenced permit, associated ordinances contained in Chapter 58, and the Pinellas County Environmental Enforcement Act, which currently provides for penalties of up to Ten Thousand Dollars ($10,000.00) per day, per incident for violations of County ordinances that result in degradation to the national resources of Pinellas County. A settlement has been negotiated with the defendants' representatives wherein the Defendants have agreed to pay a civil penalty in the amount of $33,400.75 and make various repairs to the subject property's stormwater system. A copy of the signed consent order setting forth the negotiated settlement is attached and a cashier's check for $33,400.75 has been received. JLB:JWC:vms Attachment H: \USERS\ATYKBI 1 \WPdocsUWC \DEM Department\WATER\Preedom Land Trust\Authority to Defend 040709 agenda.doc Oxford Safety Harbor West Claire Clements HR Tampa Bay LLC Located in the Heart of the Community Ta® Pine Dr. d ' TaIt, QC rtweegum.WayS C M' •r Deer Riai S . Q Enterprise Eastland rat Putix, Si in Mart, ®r, EIS te,.. I - 5 ier,ca .'"... Suntrust Bank? W - R' I Enterprise Rd E Enterprise Rd E otter ii .fernerj S c heasa s r° P LEA 411 r_ m.t, M q,.OakbrokC ma 1 -. Saber Dr ' f 1 Si !-- ' ' f # pi"" r *' - Oak HilhRd t , t Oak.Cove flr I r m. y+ TTT Q. g $ Mar}o Blvd o r' Woo dcreek.Orrj PS 74 I rr Or . 1I1ARBOF WeatherstO E3` lk Messenger Circle u, ; J4 4 NODAL DISTANCE IS LESS THAN NORTH OF ENTERPRISE. OxfordSeniorLuring Uncommon" CommonAreas WHY UNCOMMON? A central hub for activities and fellowship Our design promotes socialization Multiple snack and dining options including Coffee & Pastry Bar, Snack Bar, library, activity stage, worship area Garden Atrium Lobby Courtyard light well to bring in nature, sunshine and joy I I 6' Solid Fence on back and side property lines Independent Living Residential Units Three Stories Adjace to Residential District. Courtyard Light Well Independent Living Residential Units Four Stories Not Adjacent to Residential District. 609' 12' Landscape Buffer 6' Iron Fence from corner of building to east property line 85' 441' , 83' 1 Independent Living Residential Units Four Stories Not Adjacent to Residential District. Independent Living Residential Units Four Stories Not Adjacent to Residential District Coco co 85' CONCEPT SITE PLAN Scale 1' =30'- 0" 250 Parking Spaces Provided 241 Total Resident Units Total Building Approx: 295,138 Sqf. 4Q in cv 609' 12' Landscape Buffer Garden Atrium Lobby 6' Solid Fence on back and side property lines Independent Living Residential Units Four Stories Not Adjacent _ to Residential District. Covered Entrance Independent Living c Residential Units I Four Stories Not Adjacent o to Residential District. Independent Living 6' Iron Fence from corner of Residential Units building to east property line Three Stories Adjacent to Residential District. NOTE: This project meets the development standards of the city of Clearwater FL. F- I) W W UCtLL XoQ o W Q 2 ors IY Zoo Wm z J w W CO L V/ O Q L X 0 ARCHITECT msoa ea,` m`"e'wn' nv T91.5970172'gile' 918 5920.5 fax SCALE NUIMER 1B 1) 15 15 13 6' Solid Fence on back and side Courtyard Light Well property lines Independent Living Residential Units Three Stories Adjacent to Residential District. 85' Independent Living Residential Units Four Stories Not Adjacent to Residential D 609' istrict. 441' O.0 now. 011•••• IIfrIIhl/IIII IIIIIIIIIIIII 12' Landscape Buffer 11 83' A WW%%%%%%% ••%%%S% trIl Independent Living Residential Units Four Stories Not Adjacent to Residential District. Independent Living Residential Units Four Stories Not Adjacent to Residential District. N CO co WN 0 0 0 0 0 1 1 1 I1 11 11 1 I 0 0 0 0 o O 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 73' 11I 11 or t ot o0/ •••••• •• ••• ••_ 0 85' 441' 609' EXISTING TREE PLAN /t Scale: 1' =30'- 0" v 241 Parking Spaces Provided 241 Total Resident Units Total Building Approx: 295,138 Sqf. 12' Landscape Buffer 6' Solid Fence on back and side property lines Garden Atrium Lobby 83' Independent Living Residential Units Three Stories Adjacent to Residential District. NOTE: This project meets the development standards of the city of Clearwater FL. 6' Iron Fence from comer of building to east property line 6' Iron Fence from comer of building to east property line 1 1 I I Independent Living 1-1-77----- Residential Units I I Four Stories Not Adjacent 1 1 1 1 to Residential I 1 I 1 District. I I 1 1 I I m 151 II Covered Entrance Independent Living Residential Units Four Stories Not Adjacent to Residential District. Tree Legend Existing Trees New Trees 15 15 12 10 2 ARCHITECT KS cso Architacts Aran 50.500 ounorn. 7003 810 582 0022 phone 818 582 000 eu wow lass..10.a.0:01 DECEMBER 1015 w,•. lands.w Bur+ A100 Traffic Summary 241 Beds 1. Traffic Report <_ 100 trips Peak Hour 2. Regency Oaks 386 Beds Count 83 cars /hour 4:24pm through 5:24pm peak hour Wednesday December 16, 2015 If we compared the actual to our proposed: 241 Beds 386_Beds X 83 cars /peak hour= 51.82 or 52 Our Traffic Report Predicted: 53 cars/ peak hour; It is comparable to actual. VIA GtJ -DeG Ito , 201S 141 g'3 1 3 to CctrS 1ov Q 17 U r h c J s h i F-1-- G h cL in9 is 3 g t 3 Q s .- ss is-t-ec( e pe ri'o4 tnj ecs Gulf Coast Consulting, Inc. Land Development Consulting Engineering • Planning • Transportation • Permitting ICOT Center 13825 ICOT Boulevard, Suite 605 Clearwater, FL 33760 Phone: (727) 524 -1818 Fax: (727) 524 -6090 October 7, 2015 Ms. Claire Clements HR Tampa Bay, LLC. 9804 West Park Village Drive Tampa, FL 33626 RE: #2425 McMullen Booth Road — Proposed ALF - Traffic Assessment Dear Ms. Clements: As requested, I have completed my assessment of the traffic of the proposed ALF project. We understand you are seeking a Land Use Plan Amendment/Rezoning to accommodate a proposed 241 bed ALF on a 6.43 acre parcel located on the west side of McMullen Booth Road south of Enterprise Road. Parcel ID# 33/28/16/00000/220 /0100 and 33/28/16/00000/220 /0160 TRANSPORTATION IMPACTS Transportation impacts from the proposed 241 bed ALF would be minimal. According to ITE Trip Generation, 9th Edition rates, this ALF would generate 641 daily trips of which 34 would occur during the AM peak hour and 53 would occur during the PM peak hour. According to the MPO 2015 Level of Service Report, the adjacent segment of McMullen Booth Road (Sunset Point Road — SR 580) is a 6 -lane divided county arterial roadway carrying 66,577 vehicles per day AADT. This segment is controlled by traffic signals at Sunset Point Road, Union Street, Enterprise Road and SR 580. McMullen Booth Road has a two -way peak hour capacity of 5,390 vehicles per hour. Accordingly the PM peak hour traffic generated by the ALF represents 1.00% of the peak hour LOS D capacity of McMullen Booth Road. This is a minimal impact. Since the daily traffic generation is less than 1,000 daily trips, and the peak hour traffic generation is less than 100 trips a detailed analysis is not required for the rezoning or land use plan amendment per City of Clearwater procedures. Robert Pergolizzi, AICP /PTP Principal 15 -049 Assisted Living 254) Average Vehicle Trip Ends vs: Beds On a: Weekday Number of Studies: 16 Average Number of Beds: 121 Directional Distribution: 50% entering, 50% exiting Trip Generation per Bed Average Rate Range of Rates Standard Deviation 2.66 1.86 - 4.14 1.74 Data Plot and Equation T = AverageVehicleTripEnds 600 500 400 300 - 200 - 100 X X x X r 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 X = Number of Beds X Actual Data Points Fitted Curve Average Rate Fitted Curve Equation: Ln(T) = 0.56 Ln(X) + 3.07 R2 = 0.55 Trip Generation, 9th Edition • Institute of Transportation Engineers 529 Assisted Living 254) Average Vehicle Trip Ends vs: Beds On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 7 Average Number of Beds: 121 Directional Distribution: 65% entering, 35% exiting Trip Generation per Bed Average Rate Range of Rates Standard Deviation 0.14 0.08 - 0.28 0.37 Data Plot and Equation T = AverageVehicleTrip Ends 26 25 24 23 -X 22 21 20 19 18 17 X 16- 15 ... -X 14 X- 13-' -. - -X 12 80 90 100 110 X 120 130 140 X = Number of Beds 150 160 170 180 190 X Actual Data Points Average Rate Fitted Curve Equation: Not given R2 = * * ** 530 Trip Generation, 9th Edition • Institute of Transportation Engineers Assisted Living 254) Average Vehicle Trip Ends vs: Beds On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 7 Average Number of Beds: 121 Directional Distribution: 44% entering, 56% exiting Trip Generation per Bed Average Rate Range of Rates Standard Deviation 0.22 0.11 - 0.30 0.47 Data Plot and Equation T = AverageVehicleTripEnds 50 40 -` 30 20 10 X X X X X X I I I f I 1 i I rt 80 90 100 X Actual Data Points 110 120 Fitted Curve Equation: Not given 130 140 150 160 170 X = Number of Beds 180 Average Rate R2 = *trxh 190 Trip Generation, 9th Edition • Institute of Transportation Engineers 531 Facility 770 - I -275: (54TH AVE N -to- 38TH AVE N) Juris Plan Fac Road LOS Length Signals LOS AADT Volufie Physical V:Cap Def Fac Area Type Type Std (mi) Per Mile Meth Capacity Ratio Flag LOS SR 11 F 8F D .948 .00 T 155500 7,954 8,400 .947 2 E 771 - 1-275: (PINELLAS SHORELINE -to- 4TH ST N) 772 - I-275: (38TH AVE N -to- 22ND AVE N) 773 - 1-275: (4TH ST N -to- SR 686 I ROOSEVELT BLVD) 774 - 1-275: (1 -375 -to -1 -175) 775 - 1-275: (22ND AVE N -to-1-375) 778 - 1-375: (1 -275 -to- 7TH ST N) 779- INDIAN ROCKS RD: (BELLEVIEW BLVD -to- MEHLENBACHER RD) 780 - INDIAN ROCKS RD: (MEHLENBACHER RD -to- SUNSET BLVD) 781- INDIAN ROCKS RD: (SUNSET BLVD -to- W BAY DR) 782 - INDIAN ROCKS RD: (W BAY DR -to- WALSINGHAM RD) 795 - KEENE RD: (E BAY DR -to- BELLEAIR RD) 796- KEENE RD: ( BELLEAIR RD -to- DRUID RD) 797 - KEENE RD: (DRUID RD -to- GULF - TO-BAY BLVD) 798 - KEENE RD: (GULF -TO -BAY BLVD -to- DREW ST) 799 - KEENE RD: (DREW ST -to- SUNSET POINT RD) 800 - KEENE RD: (SUNSET POINT RD -to- SR 580) 801 - KEYSTONE RD: (US 19 -to- EAST LAKE RD) 802 - KEYSTONE RD: (HILLSBOROUGH CL -to- WOODFIELD BLVD) 803 - KEYSTONE RD: ( WOODFIELD BLVD -to- EAST LAKE RD) 806 - KLOSTERMAN RD: (ALT US 19 -to- US 19) 807 - KLOSTERMAN RD: (ALT US 19 -to- CARLTON RD) 811 - LAKE AVE: (EAST BAY DR -to- BELLEAIR RD) 812 - LAKE AVE: (BELLEAIR RD -to- GULF - TO-BAY BLVD) 817 - LAKE ST GEORGE DR: (HIGHLANDS BLVD -to- TAMPA RD) 818 - LAKE ST GEORGE DR: (TAMPA RD -to- COUNTRYSIDE BLVD) 823 - LAKEVIEW RD: (MISSOURI AVE -to- KEENE RD) 837 - LIVE OAK ST: (ALT 19 -to- US19) 846 - MAIN ST: (BROADWAY AVE -to- SKINNER BLVD) 847 - MAIN ST: (MCMULLEN BOOTH RD -to- BAYSH ORE DR) 859 - MCMULLEN BOOTH RD: (GULF -TO -BAY BLVD -to- SUNSET PT RD I MAIN ST) 860- MCMULLEN BOOTH RD: (SUNSET PT RD I MAIN ST -to- SR 580) 861- MCMULLEN BOOTH RD: (SR 580 -to- CURLEW RD) 862- MCMULLEN BOOTH RD: (CURLEW RD -to- SOUTH SPLIT) 867 - MEHLENBACHER 1 8TH AVE NW: (CLWTR -LARGO RD -to- INDIAN ROCKS RD) 868 - MEMORIAL CSWY: (CLEARWATER BEACH ROUNDABOUT -to- ISLAND WAY) 869 - MEMORIAL CSWY: (CHESTNUT ST CONNECTION -to- MEMORIAL CSWY ( WB/EB SPLIT) 870 - MEMORIAL CSWY: (ISLAND WAY -to- MEMORIAL CSWY I WB /EB SPLIT) 871- MEMORIAL CSWY: (MEMORIAL CSWY ( WB,EB SPLIT -to- COURT ST CONNECTION) 873 - MERES BLVD: (ALT 19 -to- FLORIDA AVE) 875 - MICHIGAN BLVD: (CR 1 -to- ALT 19) 877 - MILWAUKEE AVE: (VIRGINIA ST -to- UNION ST) 879 - MISSOURI AVE: (COURT ST -to- CLEVELAND ST) 883 - MLK JR AVE: ( BELLEAIR RD -to- DREW ST) SR 11 F 8F D 2.220 .00 T 152,000 7,775 8,400 .926 2 E SR 11 F 6F D 1.027 .00 T 153,500 7552 6200 1.266 2 F SR 11 F 8F D 2.040 .00 T 107,260 5,486 8,400 .653 0 C SR 11 F 6F D .441 .00 T 118,000 6,036 6,200 .974 2 E SR 11 F 8F 0 1.322 .00 T 151,500 7,749 8,400 .922 2 E SR 11 F 6F D 2.333 .00 T 30,500 1,560 6,200 .252 0 B BL 07 SA 2U D 1550 .65 T 9,303 488 792 .614 0 C CR 07 NA 20 D .432 .00 T 9,303 486 1,512 .321 0 C CR 07 SA 4D D .142 7.04 T 13,128 686 1,530 .448 0 D CR 07 SA 2U D 2.793 1.07 T 16,954 886 792 1.119 2 F CR 07 SA 4D D 1.526 1.31 T 29,466 1,540 1,764 .873 0 C CR 06 SA 4D D 1.255 2.39 T 29,466 1,540 1,683 .915 1 D CR 06 " SA 6D D .252 3.97 T 29,466 1540 2,547 .605 0 C CR 06 SA 6D D .393 5.09 T 28,822 1,506 2,313 .651 0 D CR 06 SA 4D D 1.518 .66 T 26,048 1,361 1,764 .772 0 B CR 04 SA 4D D 2.032 1,97 T 24,440 1,277 1,764 .724 0 B CR 01 SA 4D D 2.995 .67 T 25,698 1,343 1,764 .761 0 B CR 02 NA 2U D 2.301 .00 T 11,722 612 1,440 .425 0 C CR 02 SA 2U D .543 1.84 T 12,981 678 792 .856 0 C CR 01 SA 4D D 1.275 1.57 T 16,961 886 1,764 .502 0 B CR 01 NA 2U D .745 .00 T 10,748 562 1,440 .390 0 C CR 07 SC 2U D 1.534 .65 T 3,379 177 572 .309 0 B CR 06 SC 2U D 1.508 1.99 T 3,379 177 572 .309 0 B CR 03 NMC 2U D .381 .00 T 4,974 260 1,440 .181 0 B CR 03 SMC 2U D 1.192 .84 T 4,974 260 572 .455 0 B CR 06 SA 2U D 1.533 1.96 T 8,489 444 792 .561 0 B CR 01 SC 2U D 1.061 .94 T 2,560 134 572 .234 0 B DN 04 SC 2U D .600 5.00 T 3,661 191 514 .372 0 D CR 05 NA 2U D 1.274 .00 T 8,753 457 1,440 .317 0 C CR 06 SA 6D D 2.267 1.76 T 66,577 3,479 2,646 1.315 2 F CR 05 SA 6D 0 2.233 1.79 T 66,577 3,479 2,646 1.315 2 F CR 05 SA 60 0 1.768 1.70 T 57,035 2,980 2,646 1.126 2 F CR 03 NA 6D 0 .546 .00 T 47,984 2,507 5,650 .444 0 B ' CR 07 SC 2U 0 t009 .99 T 4,670 244 572 .427 0 B SR 06 SA 4D 0 .447 224 T 34,500 1,803 1,870 .964 2 E SR 06 NA 20 0 .165 .00 H 14,500 758 3,400 .240 0 B SR 06 NA 4D 0 1.118 .00 T 34,500 1,803 3,760 .480 0 C SR 06 NA 20 0 .162 .00 H 16,000 836 3,400 270 0 B CR 01 NMC 2U D 1.606 .00 T 7,687 402 1,440 .279 0 C DN 04 SMC 2U D 1.537 1.30 T 4,652 243 572 .425 0 B DN 04 SMC 2U D 1.020 1.96 T 4,604 241 572 .421 0 B CL 06 SA 40 D .328 3.05 T 12,033 629 1,683 .374 0 C CL 06 SC 2U D 2.015 2.98 T 5,847 306 559 .547 0 C Pinellas County MPO Produced using: vTIMAS v1.163 Tindale - Oliver and Associates Page - 9 Lanes 2 4 6 8 Lanes 2 4 6 8 Lanes 2 2 Multi Multi TABLE 4 Generalized Peak Hour Two -Way Volumes for Florida's Urbanized Areas' INTERRUPTED FLOW FACILITIES STATE SIGNALIZED ARTERIALS Class I (40 mph or higher posted speed limit) Median B C D Undivided Divided Divided Divided 1,510 1,600 3,420 3580 5,250 7,090 7,210 E Class 11(35 mph or slower posted speed limit) Median B C D E Undivided Divided Divided Divided 660 1,330 1,310 2,920 2,090 4,500 2,880 6,060 Non -State Signalized Roadway Adjustments Alter corresponding state volumes by the indicated percent.) Non -State Signalized Roadways - 10% Median & Turn Lane Adjustments Exclusive Exclusive Left Lanes Right Lanes Yes No No No Yes No No No Yes Median Divided Undivided Undivided Undivided One -Way Facility Adjustment Multiply the corresponding two - directional volumes in this table by 0.6 1,410 3,040 4,590 6,130 Adjustment Factors 5% 20% 5% 25% 5% Lanes 4 6 8 10 12 UNINTERRUPTED FLOW FACILITIES FREEWAYS B C 4,120 6,130 8,230 10,330 14,450 5,540 8,370 11,100 14,040 18,880 D 6,700 10,060 13,390 16,840 22,030 Freeway Adjustments Auxiliary Lanes Ramp Present in Both Directions Metering 1,800 + 5% 12/18/12 E 7,190 11,100 15,010 18,930 22,860 UNINTERRUPTED FLOW HIGHWAYS Lanes Median B C D E 2 Undivided 770 1,530 2,170 2,990 4 Divided 3,300 4,660 5,900 6,530 6 Divided 4,950 6,990 8,840 9,790 Lanes 2 Multi Multi Uninterrupted Flow Highway Adjustments Median Exclusive left lanes Adjustment factors Divided Undivided Undivided Yes Yes No 5% 5% 25% BICYCLE MODE' Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two -way maximum service volumes.) Paved Shoulder/Bicycle Lane Coverage 0 -49% 50 -84% 85- 100% B C 260 190 600 830 1,770 D E 680 1,770 1,770 >1,770 1,770 PEDESTRIAN MODE' Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two -way maximum service volumes.) Sidewalk Coverage 0 -49% 50 -84% 85- 100% B C 150 340 960 D E 250 850 780 1,420 1,560 >1,770 BUS MODE (Scheduled Fixed Route)3 Buses in peak hour in peak direction) Sidewalk Coverage B 0 -84% > 5 85 -100% • > 4 C 4 3 D 3 2 E 2 1 Values shown are presented as peak hour two -way volumes for levels of service and arefar the automobile /muck modes unless specifically stated. This table does not eousutute a stoward and should be used only for gegcralPlatuiag applications. The computer models from which this table is derived should be used for more specific planning applications. The table and derivbig computertoodels should notbe used for corridor or intersection design, where more refuted techniques eat. Calculations nit based on planning applications of the Highway Capacity Manual and the Transit Capacity and Quality of ServiceMfanual. tot service tar tae Insyee ana'penestrran nodes,in tots table is ens m on number orized vehicles, not number of bicyclists or pedestrians using the facility. r Buses perltours,nwn are only for thepesk Jour] the single d rectionofthe higher traffic flow. Cannot be achieved using table input value defaults. Not applicable for that level of a mice lettergrade.: volwnes greaser dtan level of service D become F bees beenreached. For the bicycle mode, the level of service letter grade (including F) is not achievable because there is no maximum vehicle volume threshold using table input Source: Department ofTrensportation systems Planning Office wow. dot. state.flustplanning/system s /snvlas /default stuni 2012 FDOT QUALITY /LEVEL OF SERVICE HANDBOOK TABLES Join us to discuss the proposal of establishing a modern Senior Living Facility on McMullen Booth Road Join us to discuss the proposal of establishing a modern Senior Living Facility on McMullen Booth Road Vibrant interior view,con ep by vvefi kiQwn architect j;144111 r w r.riwi po .. w. r Ili IV Was_ 111 Ver MINI VI VI!" d piP J I 1111/.51111 II' Ili i irAil iii Nilo in ming Vibrant interior viewi on ept by w tin I'known architect Town Hall Meeting Hosted by HR Tampa Bay LLC November 5, 2015 @ 7pm Safety Harbor Spa and Resort 105 N Bayshore Dr Safety Harbor, FL 34695 Town Hall Meeting Hosted by HR Tampa Bay LLC November 5, 2015 @ 7pm Safety Harbor Spa and Resort 105 N Bayshore Dr Safety Harbor, FL 34695 Neighbors invited to Community Meeting November 5, 2015 HR Tampa Bay LLC November 30, 2015 Hello Neighbors, With the holidays approaching, we are reaching out to you ahead of time. We have met with some of you, but others we have not, so attached is a form for you to indicate items that are important to you. It is essential for us to address your concerns and opinions. We are open to making adjustments in our design to make this transition amenable to all affected. We look forward to speaking with you and would be happy to come by anytime for more detailed discussion. Kindly return your response in the enclosed addressed envelope. Sincerely, Claire Clements HR Tampa Bay LLC Claire(a HRTampaba v. com 813-293-3719 To: Clearwater City Council Members Re: REZ2015 -09002 and LUP2015 -09003 (2425 McMullen Booth Road) SENIOR HOUSING PROJECT I /we, the undersigned, agree to support the re- zoning to Senior Housing. My conditions of support: Q Wall Landscape ElOther concern: Printed name(s): Signature(s): Address: Date: IF DEVELOPED RESIDENTIALLY THIS IS WHAT WILL HAPPEN: Solid Fence on back and side property lines Independent Living Residential Units Three Stories Mace* to Residential Dinict IrdependeN Living Residential Units Four Stories Not Adjacent to Residential District Independent Living Residential Units Four Stories Not Adjacent to Residential District. Courtyard Light Well Independent Living Residential Units Fax Stories Not Alacent to Residential District 609' Rimommommismi muuuuulmuuumumuulnuus.u. 111.11111.10.111.1.1111111 111111011111-411111101101/11111114,1 12' Landscape Buffer 83' C. 6.41 85 IMP • Independent Living CONCEPT SITE PLAN Buie 1.3a- a' 250 Parking Spaces Provided 241 Total Resident Units Total Building Approx 295.138 Sgf 1?. Landscape Butler 441' 609' Aft._ Ir.:3114w0.•7 +v. v. It Independent Living Residential Units Four Stories Na 4acent to Residential Cishict it ACCESS CONNECTION Independent Living Residential Units Three Stories Adjacent to Residential District. 1' SI I I I I 3 Covered Entrance Independent Living Residential Units Four StoriesI2INotAilacent to Residential District etback IT Solid Fence on back and side property lines Cross Section- residential development Three story independent living- 35' maximum height Adjacent existing reside tiai 401, 20' Setback STUDY COlcAWORAT 1)1SIGP To: Clearwater City Council Members Re: REZ2015 -09002 and LUP2015 -09003 (2425 McMullen Booth Road) SENIOR HOUSING PROJECT I /we, the undersigned, agree to support the re- zoning to Senior Housing. My conditions of support: Wall 4UL / B 1U-a\_OeCt lam' Landscape Other concern: ctp-A\ fc b-1.41,0J 1.\)\*a_ C IQ EAT), 442__ Printed Ta cta SS- name(c)! Signature(s): Address: Soy CQ Oa4l 6r0ol! C. ecle_ CA L) FL Date: liI 3 / /S To: Clearwater City Council Members Re: REZ2015 -09002 and LUP2015 -09003 (2425 McMullen Booth Road) SENIOR HOUSING PROJECT conditionally I /we, the undersigned, agree to support the re- zoning to Senior Housing. My conditions of support: Wall Height 6', not more than 8'; ventilation required to avoid blocking all air flow; vines or maintainable greenery on homeowner's side. Landscape Trees or other shielding growth on development side to block view of buildings. Other concern: TRAFFIC, and parking directly behind our houses Sirens and /or lights of emergency vehicles which are to be expected. Possible lowering of our property values, a distinct concern. Printed Richard Theriault, Barbara Theriault name(s): Signature(s): PLA-ate— Gut.* Address: 3038 Oak Hill Road Date: 12/3/2015 i i Richard & Barbara Theriault, 3038 Oak Hill Road, Shady Oak Farms. I realize it gives us no more standing than anybody else in this question, but we've lived here longer than anybody else. We built the first house in Shady Oak Farms, and it backs up directly to the southwest corner of the land in question, so we are one of the four owners most directly affected. To be clear, I do not want this. But even more I do not want something worse, like retail or general business. Many feel that the ideal zoning would be single family homes, and the big issue is the "eyesore factor" of a multistory building. I had always leaned toward single family too, but "eyseore" got me to thinking. With single family use, I would have a neighbor at the back of my yard. At my lot line I would most likely be faced with a weathered, unfinished wood fence, like all the others in the area, and over the fence I'd see the upper half of my neighbor's house, fairly close. With the proposed use, instead of that fence I'd have an ornamental wall of attractive design, set back from the lot line and regularly maintained. That wall would be the entire perimeter of the property, instead of a hodgepodge of fences on individual lots, erected over time as homes were built. Behind and above that wall would be trees or other landscaping screening our view of the building, which would be farther away than a neighbor's house would be. So what remained visible would be more distant. Done right, the proposed use could be a good neighbor, and the proposer has shown willingness to work with us to retain majestic trees and to present an attractive appearance on our side. Given genuine, sincere coordination concerning design, parking, and noise control, and real attention to our concerns, I could change my position from Not Wanting to Not Actively Opposing. But we would want some assurance, beyond the developer's promise, that this cooperation will be enforced. I leave the concerns about traffic, runoff, and our right of quiet enjoyment in our homes, for others to address. Thank you December 3, 2015 Dear Claire, In response to your November 20 letter, enclosed are our "support document" and a note to the Council to accompany that letter. I'm assuming that you intend to present whatever "support documents" you receive from the neighborhood to the Council before or at the 12/15 meeting, so I've sent it to you for an attachment. I don't know whether I should also email the contents of that note to Kyle Brotherton to be sure the Council has it before the meeting, which we cannot attend because we'll be in Maryland. Please drop me an email or call to let me know if I should send it to Kyle. Hope this all works out to be best for both sides of the controversy. Richard Theriault Statement read at Community Development Board meeting November 17: Richard & Barbara Theriault, 3038 Oak Hill Road, Shady Oak Farms. I realize it gives us no more standing than anybody else in this question, but we've lived here longer than anybody else. We built the first house in Shady Oak Farms, and it backs up directly to the southwest corner of the land in question, so we are one of the four owners most directly affected. To be clear, I do not want this. But even more I do not want something worse, like retail, "economy housing," or general business. Many feel that the ideal zoning would be single family homes, and the big issue is the "eyesore factor" of a multistory building. I had always leaned toward single family too, but "eyseore" got me to thinking. With single family use, I would have a neighbor at the back of my yard. At my lot line I would most likely be faced with a weathered, unfinished wood fence, like all the others in the area, and over the fence I'd see the upper half of my neighbor's house, close to the lot line. With the proposed use, instead of that fence I'd have an ornamental wall of attractive design, set back from the lot line and regularly maintained. That wall would be the entire perimeter of the property, instead of a hodgepodge of fences on individual lots, erected over time as homes were built. Behind and above that wall would be trees or other landscaping screening our view of the building, which would be farther away than a neighbor's house would be. So what remained visible would be more distant. Done right, the proposed use could be a good neighbor, and the proposer has shown willingness to work with us to retain majestic trees and to present an attractive appearance on our side. Given genuine, sincere coordination concerning design, parking, and noise control, and real attention to our concerns, I could change my position from Not Wanting to Not Actively Opposing. But we would want some assurance, beyond the developer's promise, that this cooperation will be enforced. I leave the concerns about traffic (major), runoff, and our right of quiet enjoyment in our homes, for others to address, which I trust and am sure they will. Thank you. Dccember 3, 2015 TO: Claire Clements Clearwater City Council Members FROM: Richard & Barbara Theriault 3038 Oak Hill Road RE: REZ2015 -09002 and LUP2015 -09003 Senior Housing Project Council meeting December 15, 2015 We regret that we shall be unable to attend this meeting because we will be in Maryland at that time. Therefore we have attached: our statement of conditional support as requested by Ms. Clements, which sets forth some of the concerns which we feel must be addressed to establish suitability of the proposesd reozning. the statement we offered at the November 17 meeting of the Community Development Board, addressing the "eyesore factor" of the proposed four -story building and the enclosing wall. We and our neighbors are all concerned about the high density of the proposed parking, and the amount of additional traffic that will be generated on the already- overtaxed McMullen -Booth Road. This will be a concern not only to our neighborhood but also to the entire surrounding area. It is also important that the wall surrounding the development must serve to enclose and separate that development, not to "imprison" us in our neighborhood by a monolithic structure on our back lot lines. The developer proposes that it be attractive and ornamental. It is also important that it allow for ventilation, so that it does not block all airflow from our properties. Landscaping inside the wall, consisting of trees or tall shrubs, could both block the view of the tall building from our properties and also to some extent buffer the noise of parking activity, which is an important concern. Intrusive lighting in the parking areas is apparently already addressed by City codes. We are confident that our neighbors who are able to attend the meeting will address many other concerns, all valid, about this rezoning — a major one of which is the possible lowering of our propeerty values. But we believe the proposed use would be better than retail, light manufacturing, economy housing, or other uses that might be considered. Thank you. Richard and Barbara Theriault t TRANSCRIBED LETTER FROM DORIS DAVIS: 12/11/2015 Dear Ms. Clements: I am sending you this note to express my continuing enthusiastic support for your project. It is for you to have, in the event I an unable to get back to town in time to attend the hearing. At this point I feel it is important to tell you a little more about myself. You already know I am retired professional geriatric social worker. In this role I have seen all levels of elder environments, from home through independent living apartments, alfs, nursing homes and hospices. In the mid -80's, seeing the frequent breakdown of care continuity for elders who had no local family plus the pressures it put on the distant families. I became one of the several founding members of what is now the National Association of Geriatric Care Managers. Now I find myself in the role of perspective consumer rather than provider of services. Both my financial planner and my doctor recommend that in the light of my lack of family, I make a move from my townhome to some kind of retirement facility. I did so, and what I found made me very unhappy. Even the most independent living' of facilities were over - programmed and over -sized for my wants or needs and had a very institutional ambience when all I wanted was a place physically designed for the needs of aging people, with the availability of some back- up if needed and which would free me to devote my time and energies to my hobbies, volunteer, or even part -time work activities. Nowhere I saw was anywhere near what I sought, and enabled me to identify another unmet -safe but maximally independent housing for healthy, active old people. I imagine this design will become even more apparent as baby- boomers age. Through research and plain luck I found your project which, as you described to me, sounds like a very desireable option for people who value their independence to choose instead of to dread, and to therefore put off too long to take maximum advantage of its possibilities. I wish you best of luck in your enterprise and will continue to offer my support when needed. Sincerely, Doris Davis Fi —& c4- !, 4. -- ' Orb- f) b --. • .. 2 T44.- 03 ': . , cp - g :T 4., Lp...114-:04; rx 0 Co < r i ' 7 0 W :r, (134§6.41 1.10011 ' ,. 3.. O ,.. -4•-' , :.-- x, la; e 710.6VerStliOnS31i dept 3" 73 'As,t) belieWah.is an ifitittor. c o f..71 1) r- A.; ni 64-4 for; - no akswer 1%..) V, lb. I/ 128 26 1114) 5 1 •I no answer •7.:t 4 4- Wants us to keep one 115 ! tree 115 74 J. 0 !t 0 jicANICOWNED it) ARENTER — SITE SUE 275 211,4s, POND If SHOPPING CENTER A MCMULLEN BOOTH ROAD Kris Kline, 3044 Oak Hill Rd, Clearwater, FL 33759 klinekrisaaol.com 813.451.9360 RE: FUTURE LAND USE: Kim A. Preedom Trust, Kim A. Preedom TRE, Randall R. Preedom Trust, Randall R. Preedom, TRE) LUP2015- 09003/REZ2015 -09002 First, I want to thank you for inviting those of us with concerns to speak. I have read the City's Goals, Objectives, and Policies for Future Land Use and found a significant part of its goals and objectives to be: Significant open space areas. Protect community assets such as... neighborhood character features. Development should be designed to maintain and support the existing or envisioned character of the neighborhood. The city of Clearwater shall utilize planning to ensure neighborhood preservation and advance community character and quality of life. It is difficult to see how changing agricultural and residential zoning to institutional zoning would meet those goals. My specific concerns involve the following: The properties in question are now home to 100s year -old live oak trees and wildlife, which includes everything from falcons to butterflies living in natural butterfly habitats. Our neighborhood is very "green" and very quiet. Open, uncovered parking adjacent to residential districts; traffic noise and lights coming and going 24/7, ongoing deliveries; 24 -hour shift changes; ambulances and sirens; large landscapes of concrete; an expansive, several -story building structure and traffic intrusion decreasing our neighborhood safety and enjoyment would destroy the entire quality of life our neighbors now experience. Of further concern: The strain on the area's infrastructure (see legal attachment). The proposed use is essentially paving over the entire six -plus acres, creating a potential nightmare. Increasing traffic spilling out of the 250 parking spaces southbound onto an already congested McMullen Booth Road, specifically increasing the difficulty of exiting and entering Shady Oak Farms, and additional traffic adding to the present traffic overload including the crossroads of McMullen Booth Road and Enterprise. Noise and light pollution. Thank you. Kris Kline Enc: Authority for County Attorney to Settle Litigation Pinellas County v. Kim Preedom and Randall Preedom, as Co- Trustees, Preedom Land Trust, and KOS Corporation Case No. 09 -008 160 -CI -2 1 TO: The Honorable Chairman and Members of the Board of County Commissioners FROM: James L. Bennett, County Attorney SUBJECT: Authority for County Attorney to Settle Litigation Pinellas County v. Kim Preedom and Randall Preedom, as Co- Trustees, Preedom Land Trust, and KOS Corporation Case No. 09- 008160 -CI -21 cpMILOsswN DATE: December 14, 2010 RECOMMENDATION: I RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETTLEMENT IN THE CASE AGAINST KIM PREEDOM AND RANDALL PREEDOM AS TRUSTEES, PREEDOM LAND TRUST, AND KOS CORPORATION DISCUSSION: This case involves an alleged environmental infraction which occurred at a commercial plaza located off of McMullen Booth Road. The suit relates to several discharges of non - stormwater effluent to Mullet Creek, which is part of the County's municipal separate storm sewer system (MS4). As you may be aware, the County holds permit number FLS000005, which requires that it manage its MS4 throughout unincorporated Pinellas County. As part of that permit, the County is required to prevent non - stormwater discharges to its MS4. This suit was brought pursuant to the County's authority under the referenced permit, associated ordinances contained in Chapter 58, and the Pinellas County Environmental Enforcement Act, which currently provides for penalties of up to Ten Thousand Dollars ($10,000.00) per day, per incident for violations of County ordinances that result in degradation to the national resources of Pinellas County. A settlement has been negotiated with the defendants' representatives wherein the Defendants have agreed to pay a civil penalty in the amount of $33,400.75 and make various repairs to the subject property's stormwater system. A copy of the signed consent order setting forth the negotiated settlement is attached and a cashier's check for $33,400.75 has been received. JLB:JWC:vms Attachment H: \USERS\ATYKBI1 \WPdocsUWC \DEM Department\WATER\Preedom Land Trust\Authority to Defend 040709 agenda.doc Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-10026 Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1237 Union Street; and pass Ordinances 8793-16, 8794-16 and 8795-16 on first reading. (ANX2015-10026) SUMMARY: This voluntary annexation petition involves a single parcel of land totaling 0.141 acres. The parcel is occupied by a single -family dwelling and is located on the south side of Union Street approximately 485 feet east of Douglas Avenue . The applicant is requesting annexation in order to receive solid waste service from the City, and has been connected to city sewer as part of the recently completed Idlewild /The Mall Septic-to-Sewer Project. The property is contiguous to existing city limits along the west, south, and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant has paid the sewer impact fee in full, and has been connected to the sewer system. 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 the property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; 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 Page 1 City of Clearwater Printed on 12/17/2015 File Number: ANX2015-10026 Area. Policy A.7.2.3 Continue to process voluntary annexations for single -family residential properties upon request. ·The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. The Residential Urban (RU) designation primarily permits residential uses at a density of 7.5 units per acre . The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City ’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing City boundaries to the west, south, and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Ordinance No. 8793-16 ORDINANCE NO. 8793-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF UNION STREET APPROXIMATELY 487 FEET EAST OF NORTH DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1237 UNION STREET, CLEARWATER, FLORIDA 33755, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 15, Block A, Cleardun Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 47, of the Public Records of Pinellas County, Florida; (ANX2015-10026) The map attached as Exhibit A 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 on March 16, 2016. 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 the effective date, and shall file a certified copy with the Florida Department of State within 30 days after the effective date. Ordinance No. 8793-16 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 PROPOSED ANNEXATION MAP Owner(s): Cassandra Lynn Combs Case: ANX2015-10026 Site: 1237 Union Street Property Size(Acres): ROW (Acres): 0.141 N/A Land Use Zoning PIN: 03-29-15-15840-001-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 66 606015840 A B C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 12 13 24 2518 60 506057780D E I J 1 2 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 19202122 1 2 3 4 5 61 2 1 1 1 1 PALM ST UNION ST BERMUDA ST DOUGLAS AVE 1263126512011234121112591233122512451209123912622063 1259121212351211124112062077 1242125512151207122112471235125112631265122712211211124412352061 1246122212391267124512061230124512321237122012341219121612121264125512171250121512531260125512572049 12311247123812201224125112231228125612501231125912561262-Not to Scale--Not a Survey-Rev. 10/09/15DUNEDIN Ordinance No. 8794-16 ORDINANCE NO. 8794-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF UNION STREET APPROXIMATELY 487 FEET EAST OF NORTH DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1237 UNION STREET, CLEARWATER, FLORIDA 33755, 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 Lot 15, Block A, Cleardun Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 47, of the Public Records of Pinellas County, Florida; Residential Urban (RU) (ANX2015-10026) The map attached as Exhibit A 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 on March 16, 2016, contingent upon and subject to the adoption of Ordinance No. 8793-16. Ordinance No. 8794-16 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 FUTURE LAND USE MAP Owner(s): Cassandra Lynn Combs Case: ANX2015-10026 Site: 1237 Union Street Property Size(Acres): ROW (Acres): 0.141 N/A Land Use Zoning PIN: 03-29-15-15840-001-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 66 606015840 A B C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 12 13 24 2518 60 506057780D E I J 1 2 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 19202122 1 2 3 4 5 61 2 1 1 1 1 RU RU RU PALM ST UNION ST BERMUDA ST DOUGLAS AVE 126312651234121112591233122512451209123912622063 1259121212351211124112062077 12421255121512071221124712351251126312651227122112011211124412352061 1246122212391267124512061230124512321237122012341219121612121264125512171250121512531260125512572049 12311247123812201224125112231228125612501231125912561262-Not to Scale--Not a Survey-Rev. 10/09/15DUNEDIN Ordinance No. 8795-16 ORDINANCE NO. 8795-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF UNION STREET APPROXIMATELY 487 FEET EAST OF NORTH DOUGLAS AVENUE, WHOSE POST OFFICE ADDRESS IS 1237 UNION STREET, 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 property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A 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 on March 16, 2016, contingent upon and subject to the adoption of Ordinance No. 8793-16. Property Zoning District Lot 15, Block A, Cleardun Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 43, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2015-10026) Ordinance No. 8795-16 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 ZONING MAP Owner(s): Cassandra Lynn Combs Case: ANX2015-10026 Site: 1237 Union Street Property Size(Acres): ROW (Acres): 0.141 N/A Land Use Zoning PIN: 03-29-15-15840-001-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 66 606015840 A B C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 12 13 24 2518 60 506057780D E I J 1 2 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 19202122 1 2 3 4 5 61 2 1 1 1 1 PALM ST UNION ST BERMUDA ST DOUGLAS AVE LMDR 1263126512011234121112591233122512451209123912622063 125912121211124112062077 1242125512151207122112471235125112631265122712211211124412352061 1246122212391267124512061230124512321237122012341219121612121264125512171250121512531260125512572049 123112471235123812201224125112231228125612501231125912561262-Not to Scale--Not a Survey-Rev. 10/09/15DUNEDIN LOCATION MAP Owner(s): Cassandra Lynn Combs Case: ANX2015-10026 Site: 1237 Union Street Property Size(Acres): ROW (Acres): 0.141 N/A Land Use Zoning PIN: 03-29-15-15840-001-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 10/09/15 DUNEDIN AERIAL PHOTOGRAPH Owner(s): Cassandra Lynn Combs Case: ANX2015-10026 Site: 1237 Union Street Property Size(Acres): ROW (Acres): 0.141 N/A Land Use Zoning PIN: 03-29-15-15840-001-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR PALM ST PALM ST UNION ST UNION ST BERMUDA ST BERMUDA ST DOUGLAS AVE DOUGLAS AVE -Not to Scale--Not a Survey-Rev. 10/09/15DUNEDIN EXISTING SURROUNDING USES MAP Owner(s): Cassandra Lynn Combs Case: ANX2015-10026 Site: 1237 Union Street Property Size(Acres): ROW (Acres): 0.141 N/A Land Use Zoning PIN: 03-29-15-15840-001-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 66 606015840 A B C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 12 13 24 2518 60 506057780D E I J 1 2 14 15 16171819202122 1 2 3 4 5 6 7 8 9 10 11 1 2 3 19202122 1 2 3 4 5 61 2 1 1 1 1 PALM ST UNION ST BERMUDA ST DOUGLAS AVE 1263126512011234121112591233122512451209123912622063 1259121212351211124112062077 1242125512151207122112471235125112631265122712211211124412352061 1246122212391267124512061230124512321237122012341219121612121264125512171250121512531260125512572049 12311247123812201224125112231228125612501231125912561262-Not to Scale--Not a Survey-Rev. 10/09/15DUNEDIN Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 1237 Union Street East of the subject property West of the subject property Across the street, to the north of the subject property (Dunedin) ANX2015-10026 Cassandra Lynn Combs 1237 Union Street View looking easterly along Union Street View looking westerly along Union Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-10027 Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.8 SUBJECT/RECOMMENDATION: 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 1460 and 1467 Grove Circle Court; and pass Ordinances 8796-16, 8797-16 and 8798-16 on first reading. (ANX2015-10027) SUMMARY: This voluntary annexation petition involves two parcels of land totaling 0.485 acres. The parcels are occupied by single -family dwellings and are located generally south of Sunset Point Road, west of North Highland Avenue, east of Kings Highway, and north of Palmetto Street. The applicants are requesting annexation in order to receive solid waste service from the City, and will be connected to city sewer as part of the Grove Circle Court Sewer Expansion Project. The properties are contiguous to existing city limits along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community 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 sewer impact fee that must be paid in full in order to connect, as well as 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 property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; 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. Page 1 City of Clearwater Printed on 12/17/2015 File Number: ANX2015-10027 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 the property. The Residential Low (RL) 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). The use of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) 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 limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Ordinance No. 8796-16 ORDINANCE NO. 8796-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF PALMETTO STREET, WEST OF NORTH HIGHLAND AVENUE, EAST OF KINGS HIGHWAY, AND SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESSES ARE 1460 AND 1467 GROVE CIRCLE COURT, ALL IN CLEARWATER, FLORIDA 33755, 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 descriptions; (ANX2015-10027) 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 on March 16, 2016. 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 the effective date, and shall file a certified copy with the Florida Department of State within 30 days after the effective date. Ordinance No. 8796-16 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 ANX2015‐10027 ========================================================================================= No. Parcel ID Legal Description Address 1. 02-29-15-33750-000-0070 Lot 7 1460 Grove Circle Court 2. 02-29-15-33750-000-0110 Lot 11 1467 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: ANX2015-10027 Site: 1460 Grove Circle Court 1467 Grove Circle Court Property Size(Acres): ROW (Acres): 0.485 N/A Land Use Zoning PIN: 02-29-15-33750-000-0070 02-29-15-33750-000-0110 From : RL R-3 Atlas Page: 261A To: RL LMDR 50 5060606060 83 83 100 30 33750 387E 40 39 38 37 36 35 34 33 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 2 4 6 1 3 5 7 1 3 5 7 2 4 6 8 1 2 3 33/03 33/04 33/06 33/05 5.58 9.68 2.41 2.5 6060 60 606080B C 1234567891011121314 12345678910 11 12 13 14 15 16 17 18 19 20 12345678910 1 2 3 4 522 23 24 25 26 21/03 4.31 21/011 A C(C) A C A C A C FAIRMONT ST N HIGHLAND AVE PARKWOOD ST CARLOS AVE SANDY LN BARBARA AVE GROVE CIRCLE CT LINWOOD DR ROSEMONT DR 162314721493 14711706 142915071600 1509 146614651745 148114631608 14281440145314411418150715081455147314351604 144714851480148416291487 1441147414341607 1740 14291718 1513 1601 1722 1513160014751453170014261490160914711430 1711 16011435 1512146014791512149116171454 15071457161514841487 14541507 150614881513144714361721 15131451141214611512144014591458 15061751 150814501446 15061459146014521506 161 1625147814691466 14651601 1731 14671606 1741 14701627 1621 14641705 1619Laun 1720Sign -Not to Scale--Not a Survey-Rev. 10/09/15 Ordinance No. 8797-16 ORDINANCE NO. 8797-16 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 NORTH OF PALMETTO STREET, WEST OF NORTH HIGHLAND AVENUE, EAST OF KINGS HIGHWAY, AND SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESSES ARE 1460 AND 1467 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 properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions;Residential Low (RL) (ANX2015-10027) 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 on March 16, 2016, contingent upon and subject to the adoption of Ordinance No. 8796-16. Ordinance No. 8797-16 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 ANX2015‐10027 ========================================================================================= No. Parcel ID Legal Description Address 1. 02-29-15-33750-000-0070 Lot 7 1460 Grove Circle Court 2. 02-29-15-33750-000-0110 Lot 11 1467 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: ANX2015-10027 Site: 1460 Grove Circle Court 1467 Grove Circle Court Property Size(Acres): ROW (Acres): 0.485 N/A Land Use Zoning PIN: 02-29-15-33750-000-0070 02-29-15-33750-000-0110 From : RL R-3 Atlas Page: 261A To: RL LMDR 50 5060606060 83 83 100 30 33750 387E 40 39 38 37 36 35 34 33 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 2 4 6 1 3 5 7 1 3 5 7 2 4 6 8 1 2 3 33/03 33/04 33/06 33/05 5.58 9.68 2.41 2.5 6060 60 606080B C 1234567891011121314 12345678910 11 12 13 14 15 16 17 18 19 20 12345678910 1 2 3 4 522 23 24 25 26 21/03 4.31 21/011 A C(C) A C A C A C I I RL RU RU CG R/OS RU RU RU RU RU RU RU RU RL RU FAIRMONT ST N HIGHLAND AVE PARKWOOD ST CARLOS AVE SANDY LN BARBARA AVE GROVE CIRCLE CT LINWOOD DR ROSEMONT DR 16231472 14711706 14291600 1509 14651745 14811608 1428144014531441141815081455147314351604148514801484 1629 1441147414341607 1740 14291718 1513 1601 151316001453170014261490160914711430 1711 16011435 1512146014791512149116171454 161514841487 1454150614881513144714361721 151314511493141214611507151214401466145914581463 15061751 1508 1507145014461447150614591460148714521506 161 17221475 1625147814691466 14651601 1731 14671606 150717411457 14701627 1507 1621 14641705 1619Laun 1720Sign -Not to Scale--Not a Survey-Rev. 10/09/15 Ordinance No. 8798-16 ORDINANCE NO. 8798-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF PALMETTO STREET, WEST OF NORTH HIGHLAND AVENUE, EAST OF KINGS HIGHWAY, AND SOUTH OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESSES ARE 1460 AND 1467 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 on March 16. 2016, contingent upon and subject to the adoption of Ordinance No. 8796-16. Property Zoning District See attached Exhibit A for legal descriptions; Low Medium Density Residential (LMDR) (ANX2015-10027) Ordinance No. 8798-16 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 ANX2015‐10027 ========================================================================================= No. Parcel ID Legal Description Address 1. 02-29-15-33750-000-0070 Lot 7 1460 Grove Circle Court 2. 02-29-15-33750-000-0110 Lot 11 1467 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: ANX2015-10027 Site: 1460 Grove Circle Court 1467 Grove Circle Court Property Size(Acres): ROW (Acres): 0.485 N/A Land Use Zoning PIN: 02-29-15-33750-000-0070 02-29-15-33750-000-0110 From : RL R-3 Atlas Page: 261A To: RL LMDR 50 5060606060 83 83 100 30 33750 387E 40 39 38 37 36 35 34 33 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 2 4 6 1 3 5 7 1 3 5 7 2 4 6 8 1 2 3 33/03 33/04 33/06 33/05 5.58 9.68 2.41 2.5 6060 60 606080B C 1234567891011121314 12345678910 11 12 13 14 15 16 17 18 19 20 12345678910 1 2 3 4 522 23 24 25 26 21/03 4.31 21/011 A C(C) A C A C A C FAIRMONT ST N HIGHLAND AVE PARKWOOD ST CARLOS AVE SANDY LN BARBARA AVE GROVE CIRCLE CT LINWOOD DR ROSEMONT DR I LMDR I C OS/R 1472149314711706 142915071600 1509 146614651745 148114631608 14281440145314411418150715081455147314351604 144714851480148416291487 1441147414341607 1740 14291718 1513 1601 1722 151316001475145317001426149014711430 1711 16011435 15121460147915121491145415071457161514841487 14541507 150614881513144714361721 15131623145114121461 1512144014591458 15061751 150814501446 15061459146014521506 161 1625147814691466 1609 14651601 1731 14671617 1606 1741 14701627 1621 14641705 1619Laun 1720Sign -Not to Scale--Not a Survey-Rev. 10/09/15 LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-10027 Site: 1460 Grove Circle Court 1467 Grove Circle Court Property Size(Acres): ROW (Acres): 0.485 N/A Land Use Zoning PIN: 02-29-15-33750-000-0070 02-29-15-33750-000-0110 From : RL R-3 Atlas Page: 261A To: RL LMDR ^^-Not to Scale--Not a Survey-Rev. 10/09/15 HIGHLAND AVE AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2015-10027 Site: 1460 Grove Circle Court 1467 Grove Circle Court Property Size(Acres): ROW (Acres): 0.485 N/A Land Use Zoning PIN: 02-29-15-33750-000-0070 02-29-15-33750-000-0110 From : RL R-3 Atlas Page: 261A To: RL LMDR FAIRMONT ST FAIRMONT ST N HIGHLAND AVE N HIGHLAND AVE PARKWOOD ST PARKWOOD ST CARLOS AVE CARLOS AVE SANDY LN SANDY LN BARBARA AVE BARBARA AVE GROVE CIRCLE CT GROVE CIRCLE CT LINWOOD DR LINWOOD DR ROSEMONT DR ROSEMONT DR -Not to Scale--Not a Survey-Rev. 10/09/15 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2015-10027 Site: 1460 Grove Circle Court 1467 Grove Circle Court Property Size(Acres): ROW (Acres): 0.485 N/A Land Use Zoning PIN: 02-29-15-33750-000-0070 02-29-15-33750-000-0110 From : RL R-3 Atlas Page: 261A To: RL LMDR 50 5060606060 83 83 100 30 33750 387E 40 39 38 37 36 35 34 33 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 2 4 6 1 3 5 7 1 3 5 7 2 4 6 8 1 2 3 33/03 33/04 33/06 33/05 5.58 9.68 2.41 2.5 6060 60 606080B C 1234567891011121314 12345678910 11 12 13 14 15 16 17 18 19 20 12345678910 1 2 3 4 522 23 24 25 26 21/03 4.31 21/011 A C(C) A C A C A C FAIRMONT ST N HIGHLAND AVE PARKWOOD ST CARLOS AVE SANDY LN BARBARA AVE GROVE CIRCLE CT LINWOOD DR ROSEMONT DR 162314721493 14711706 142915071600 1509 146614651745 148114631608 14281440145314411418150715081455147314351604 144714851480148416291487 1441147414341607 1740 14291718 1513 1601 1722 1513160014751453170014261490160914711430 1711 16011435 1512146014791512149116171454 15071457161514841487 14541507 150614881513144714361721 15131451141214611512144014591458 15061751 150814501446 15061459146014521506 161 1625147814691466 14651601 1731 14671606 1741 14701627 1621 14641705 1619Laun 1720Sign -Not to Scale--Not a Survey-Rev. 10/09/15 School Places of Worship Single Family Residential Single Family Residential Multi-Family Residential View looking north at the subject property, 1460 Grove Circle Court East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-10027 Israel Ayala Vega 1460 Grove Circle Court View looking easterly along Grove Circle Court View looking westerly along Grove Circle Court View looking south at the subject property, 1467 Grove Circle Court East of the subject property West of the subject property Across the street, to the north of the subject property ANX2015-10027 Elsa Perez 1467 Grove Circle Court View looking easterly along Grove Circle Court View looking westerly along Grove Circle Court Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-10028 Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.9 SUBJECT/RECOMMENDATION: 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 1764 El Trinidad Drive East; and pass Ordinances 8799-16, 8800-16 and 8801-16 on first reading. (ANX2015-10028) SUMMARY: This voluntary annexation petition involves a single parcel of land totaling 0.185 acres. The parcel is occupied by a single-family dwelling and is located on the west side of El Trinidad Drive East approximately 85 feet south of North Terrace Drive. The applicant is requesting annexation in order to receive solid waste and sanitary sewer service from the City. The property is contiguous to existing city limits to the west, east, and north. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The property currently receives water service from the County. Collection of solid waste will be provided to the property by the City. The applicant has paid the City’s sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station 48 located at 1700 Belcher Road. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the County. The proposed annexation will not have an adverse effect 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 Page 1 City of Clearwater Printed on 12/17/2015 File Number: ANX2015-10028 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 the property. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and ·The property proposed for annexation is contiguous to existing City limits to the west, east, and north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Ordinance No. 8799-16 ORDINANCE NO. 8799-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 85 FEET SOUTH OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 1764 EL TRINIDAD DRIVE EAST, CLEARWATER, FLORIDA 33759, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 14, Block 2, Virginia Grove Terrace, according to the map or plat thereof as recorded in Plat Book 37, Page 29, of the Public Records of Pinellas County, Florida; (ANX2015-10028) The map attached as Exhibit A 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 on March 16, 2016. 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 the effective date, and shall file a certified copy with the Florida Department of State within 30 days after the effective date. Ordinance No. 8799-16 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 PROPOSED ANNEXATION MAP Owner(s): BREP 1-2 LLC Case: ANX2015-10028 Site: 1764 El Trinidad Drive E. Property Size(Acres): ROW (Acres): 0.185 N/A Land Use Zoning PIN: 05-29-16-94320-002-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR 6066 66 6666 66 66 66 66 66 60 60 60605050 3050 9435694338 9432094410 98470 L 5 5 4 4 2 2 3 3 3 3 1 A B C 45 6 789 10 123456789101112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 2 4 5 6 7 8 9 10 11 12 13141516171819 050TRACT A 1 SR 590 LUCAS DR GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR MORNINGSIDE DR ST. JOHN DR 1747 1717 27521728 2760283117112773 2843172827462747 1700 27801705 27592826277627701712 21708 1735 28441741 1777 1717 1765 28281721 284027891704 17212731 1704 1765 17372758 28281739 1700 2806177627342781 1773 1701 1705 1 7 3 0 1708 1705 1736 1751 1716 17592737 1737 1734 1745 2764279728351716 1771 171427381754 1713 1733 17482770 1700 17642751 28361712 1 7 3 4 1748 1782 1751 1733 1747 28391764 1740 1718 17282749 28321704 1744 28121724 1724 1777 1740 1705 17462724 1795 170128181737 1724 1709 1 7 3 8 1741 1748 1736 1725 1733 1717 1767 1 7 2 71729 1758 1720 1740 1730 1740 172917342767 283417651749 17562785 1736 1729 27551732 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1 7 4 128361753 28221759 282517211721 1720 282417722740 1746 1745 28241720 28321725 1727 1729 1709 2838284228001754 1731 1741 1771 1737 1755 1708276127932 282727301760 1749 1726 282317162777 1 7 3 32773 1717 1751 1709 1732 1715 1 7 2 6 1755 172171227431772 1788 1761 1753 1783 1770 1701 -Not to Scale--Not a Survey-Rev. 10/15/15 Ordinance No. 8800-16 ORDINANCE NO. 8800-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 85 FEET SOUTH OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 1764 EL TRINIDAD DRIVE EAST, CLEARWATER, FLORIDA 33759, 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 Lot 14, Block 2, Virginia Grove Terrace, according to the map or plat thereof as recorded in Plat Book 37, Page 29, of the Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2015-10028) The map attached as Exhibit A 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 on March 16, 2016, contingent upon and subject to the adoption of Ordinance No. 8799-16. Ordinance No. 8800-16 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 FUTURE LAND USE MAP Owner(s): BREP 1-2 LLC Case: ANX2015-10028 Site: 1764 El Trinidad Drive E. Property Size(Acres): ROW (Acres): 0.185 N/A Land Use Zoning PIN: 05-29-16-94320-002-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR 6066 66 6666 66 66 66 66 66 60 60 60605050 3050 9435694338 9432094410 98470 L 5 5 4 4 2 2 3 3 3 3 1 A B C 45 6 789 10 123456789101112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 2 4 5 6 7 8 9 10 11 12 13141516171819 050TRACT A 1 I RU SR 590 LUCAS DR GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR MORNINGSIDE DR ST. JOHN DR 1747 1717 27521728 2760283117112773 2843172827462747 1700 27801705 2759282627762770RLRL RL RL RL RURL RU RL P RL RU RURU RU P RU P 1712 21708 1735 28441741 1777 1717 1765 28281721 284027891704 17212731 1704 1765 17372758 28281739 1700 2 8 0 6 177627342781 1773 1701 1705 1 7 3 0 1708 1705 1736 1751 1716 17592737 1737 1734 1745 2764279728351716 1771 171427381754 1713 1733 17482770 1700 17642751 28361712 1 7 3 4 1748 1782 1751 1733 1747 28391764 1740 1718 17282749 28321704 1744 28121724 1724 1777 1740 1705 17462724 1795 170128181737 1724 1709 1 7 3 8 1741 1748 1736 1725 1733 1717 1767 17271729 1758 1720 1740 1730 1740 172917342767 283417651749 17562785 1736 1729 27551732 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1 7 4 128361753 28221759 282517211721 1720 282417722740 1746 1745 28241720 28321725 1727 1729 1709 2838284228001754 1731 1741 1771 1737 1755 1708276127932 282727301760 1749 1726 282317162777 1 7 3 32773 1717 1751 1709 1732 1715 17261755 172171227431772 1788 1761 1753 1783 1770 1701 -Not to Scale--Not a Survey-Rev. 10/15/15 Ordinance No. 8801-16 ORDINANCE NO. 8801-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 85 FEET SOUTH OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 1764 EL TRINIDAD DRIVE EAST, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A 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 on March 16, 2016, contingent upon and subject to the adoption of Ordinance No. 8799-16. Property Zoning District Lot 14, Block 2, Virginia Grove Terrace, according to the map or plat thereof as recorded in Plat Book 37, Page 29, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2015-10028) Ordinance No. 8801-16 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 ZONING MAP Owner(s): BREP 1-2 LLC Case: ANX2015-10028 Site: 1764 El Trinidad Drive E. Property Size(Acres): ROW (Acres): 0.185 N/A Land Use Zoning PIN: 05-29-16-94320-002-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR 6066 66 6666 66 66 66 66 66 60 60 60605050 3050 9435694338 9432094410 98470 L 5 5 4 4 2 2 3 3 3 3 1 A B C 45 6 789 10 123456789101112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 2 4 5 6 7 8 9 10 11 12 13141516171819 050TRACT A 1 LMDR P SR 590 LUCAS DR GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR MORNINGSIDE DR ST. JOHN DR 1747 1717 27521728 2760283117112773 2843172827462747 1700 27801705 27592826277627701712 21708 1735 28441741 1777 1717 1765 28281721 284027891704 17212731 1704 1765 17372758 28281739 1700 2806177627342781 1773 1701 1705 1 7 3 0 1708 1705 1736 1751 1716 17592737 1737 1734 1745 2764279728351716 1771 171427381754 1713 1733 17482770 1700 17642751 28361712 1 7 3 4 1748 1782 1751 1733 1747 28391764 1740 1718 17282749 28321704 1744 28121724 1724 1777 1740 1705 17462724 1795 170128181737 1724 1709 1 7 3 8 1741 1748 1736 1725 1733 1717 1767 1 7 2 71729 1758 1720 1740 1730 1740 172917342767 283417651749 17562785 1736 1729 27551732 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1 7 4 128361753 28221759 282517211721 1720 282417722740 1746 1745 28241720 28321725 1727 1729 1709 2838284228001754 1731 1741 1771 1737 1755 1708276127932 282727301760 1749 1726 282317162777 1 7 3 32773 1717 1751 1709 1732 1715 1 7 2 6 1755 172171227431772 1788 1761 1753 1783 1770 1701 -Not to Scale--Not a Survey-Rev. 10/15/15 LOCATION MAP Owner(s): BREP 1-2 LLC Case: ANX2015-10028 Site: 1764 El Trinidad Drive E. Property Size(Acres): ROW (Acres): 0.185 N/A Land Use Zoning PIN: 05-29-16-94320-002-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR ^ PROJECT SITE -Not to Scale--Not a Survey-Rev. 10/15/15 US 19 AERIAL PHOTOGRAPH Owner(s): BREP 1-2 LLC Case: ANX2015-10028 Site: 1764 El Trinidad Drive E. Property Size(Acres): ROW (Acres): 0.185 N/A Land Use Zoning PIN: 05-29-16-94320-002-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR SR 590 SR 590 LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR ST. ANTHONY DR ST. ANTHONY DR MORNINGSIDE DR MORNINGSIDE DR ST. JOHN DR ST. JOHN DR -Not to Scale--Not a Survey-Rev. 10/15/15 EXISTING SURROUNDING USES MAP Owner(s): BREP 1-2 LLC Case: ANX2015-10028 Site: 1764 El Trinidad Drive E. Property Size(Acres): ROW (Acres): 0.185 N/A Land Use Zoning PIN: 05-29-16-94320-002-0140 From : RL R-3 Atlas Page: 264A To: RL LMDR 6066 66 6666 66 66 66 66 66 60 60 60605050 3050 9435694338 9432094410 98470 L 5 5 4 4 2 2 3 3 3 3 1 A B C 45 6 789 10 123456789101112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 1 3 2 4 5 6 7 8 9 10 11 12 13141516171819 050TRACT A 1 SR 590 LUCAS DR GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR ST. ANTHONY DR MORNINGSIDE DR ST. JOHN DR 1747 1717 27521728 2760283117112773 2843172827462747 1700 27801705 27592826277627701712 21708 1735 28441741 1777 1717 1765 28281721 284027891704 17212731 1704 1765 17372758 28281739 1700 2806177627342781 1773 1701 1705 1 7 3 0 1708 1705 1736 1751 1716 17592737 1737 1734 1745 2764279728351716 1771 171427381754 1713 1733 17482770 1700 17642751 28361712 1 7 3 4 1748 1782 1751 1733 1747 28391764 1740 1718 17282749 28321704 1744 28121724 1724 1777 1740 1705 17462724 1795 170128181737 1724 1709 1 7 3 8 1741 1748 1736 1725 1733 1717 1767 1 7 2 71729 1758 1720 1740 1730 1740 172917342767 283417651749 17562785 1736 1729 27551732 1722 1752 1759 1725 1755 28301750 1754 1789 1768 1713 1 7 4 128361753 28221759 282517211721 1720 282417722740 1746 1745 28241720 28321725 1727 1729 1709 2838284228001754 1731 1741 1771 1737 1755 1708276127932 282727301760 1749 1726 282317162777 1 7 3 32773 1717 1751 1709 1732 1715 1 7 2 6 1755 172171227431772 1788 1761 1753 1783 1770 1701 -Not to Scale--Not a Survey-Rev. 10/15/15 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property, 1764 El Trinidad Drive North of the subject property South of the subject property Across the street, to the east of the subject property ANX2015-10028 BREP 1-2 LLC 1764 El Trinidad Drive View looking northerly along El Trinidad Drive View looking southerly along El Trinidad Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2015-10029 Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.10 SUBJECT/RECOMMENDATION: 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 2139 and 2143 Bell Cheer Drive and 2140 Burnice Drive; and pass Ordinances 8802-16, 8803-16 and 8804-16 on first reading. (ANX2015-10029) SUMMARY: This voluntary annexation petition involves three parcels of land totaling 0.71 acres. All parcels are occupied by single family dwellings. The three lots are located south of Druid Road, east of South Hercules Avenue, west of South Belcher Road and north of Lakeview Road. 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 Belcher Area Sanitary Sewer System Extension Project. The 2140 Burnice Drive parcel is contiguous to existing city boundaries to the north, east and south. The properties located at 2139 and 2143 Bell Cheer Drive are not contiguous to existing City boundaries; however, they are in an enclave surrounded by City property on all sides (Type A) and are eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from Pinellas County. 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. They are aware of the sewer impact fee that must be paid in order to connect, as well as the financial incentives available . The properties are located within Police District II and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the County. 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: Page 1 City of Clearwater Printed on 12/17/2015 File Number: ANX2015-10029 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 is consistent with the uses allowed in the District and the properties meet with 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 property proposed for annexation at 2140 Burnice Drive is contiguous to City limits along at least one boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. The properties proposed for annexation located at 2139 and 2143 Bell Cheer Drive are not contiguous to City boundaries but are located in a Type A Enclave; therefore, the annexations are consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Ordinance No. 8802-16 ORDINANCE NO. 8802-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY EAST OF SOUTH HERCULES AVENUE, WEST OF SOUTH BELCHER ROAD, NORTH OF LAKEVIEW ROAD AND SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESSES ARE 2139 AND 2143 BELL CHEER DRIVE AND 2140 BURNICE DRIVE, 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 have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes and the Interlocal Service Boundary Agreement authorized by Section 171.204, 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 (ANX2015-10029) 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 on March 16, 2016. 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 the effective date, and shall file a certified copy with the Florida Department of State within 30 days after the effective date. Ordinance No. 8802-16 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 ANX2015‐10029 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06408-000-0110 Lot 11 2139 Bell Cheer Drive 2. 24-29-15-06408-000-0120 Lot 12 2143 Bell Cheer Drive The above in BELL-CHEER subdivision, as recorded in PLAT BOOK 30, PAGE 60, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 3. 24-29-15-31050-000-0100 Lot 10 2140 Burnice Drive The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION MAP Owner(s): Multiple Owners Case: ANX2015-10029 Site: Multiple Addresses – See Exhibit A Property Size(Acres): ROW (Acres): 0.71 N/A Land Use Zoning PIN: See attached Exhibit A From : RL R-3 Atlas Page: 308B To: RL LMDR 60606 0 50 88103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 50 606060 60 60 50 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 332198765 4 3 2 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 11/04 4.76 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR PLEASANT PKWY 21312112217321722165213221432110217321172147214821552135214921671200 1276210921982152211721382123210921842147215521792185213011002107219721252106210121062157216621602118211921252115217321422191212421742135214921671110 2111 214321612126218721952178218521302191218821542164219221812127211221102160217621222 1 4 1 212521391006 21162130214021992190215621402166218021982186212421182141210021571220 21431010 21922133214821722100219121182134-Not to Scale--Not a Survey-Rev. 10/16/15 Ordinance No. 8803-16 ORDINANCE NO. 8803-16 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 SOUTH HERCULES AVENUE, WEST OF SOUTH BELCHER ROAD, NORTH OF LAKEVIEW ROAD AND SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESES ARE 2139 AND 2143 BELL CHEER DRIVE AND 2140 BURNICE DRIVE, 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 properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions Residential Low (RL) (ANX2015-10029) 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 on March 16, 2016, contingent upon and subject to the adoption of Ordinance No. 8802-16. Ordinance No. 8803-16 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 ANX2015‐10029 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06408-000-0110 Lot 11 2139 Bell Cheer Drive 2. 24-29-15-06408-000-0120 Lot 12 2143 Bell Cheer Drive The above in BELL-CHEER subdivision, as recorded in PLAT BOOK 30, PAGE 60, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 3. 24-29-15-31050-000-0100 Lot 10 2140 Burnice Drive The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP Owner(s): Multiple Owners Case: ANX2015-10029 Site: Multiple Addresses – See Exhibit A Property Size(Acres): ROW (Acres): 0.71 N/A Land Use Zoning PIN: See attached Exhibit A From : RL R-3 Atlas Page: 308B To: RL LMDR 60606 0 50 88103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 50 606060 60 60 50 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 332198765 4 3 2 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 11/04 4.76 A C 1 RL RL RL RU RU P RU WATER BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR PLEASANT PKWY 2131211221732172216521322143217321172147214821552135214921671200 127621092198215221172138212321092184214721552179218521301100210721972125210621012106215721662160211821192125211521732142219121242174213521492167 2143216121262187219521782185213021912188215421642192218121272110211221102160217621222 1 4 1 212521391006 21162130214021992190215621402166218021982186212421182141210021571 1 1 0 2111 1220 21431010 21922133214821722100219121182134-Not to Scale--Not a Survey-Rev. 10/16/15 Ordinance No. 8804-16 ORDINANCE NO. 8804-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY EAST OF SOUTH HERCULES AVENUE, WEST OF SOUTH BELCHER ROAD, NORTH OF LAKEVIEW ROAD AND SOUTH OF DRUID ROAD, WHOSE POST OFFICE ADDRESS ARE 2139 AND 2143 BELL CHEER DRIVE AND 2140 BURNICE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described 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 on March 16, 2016, contingent upon and subject to the adoption of Ordinance No. 8802-16. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ANX2015-10029) Ordinance No. 8804-16 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 ANX2015‐10029 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-06408-000-0110 Lot 11 2139 Bell Cheer Drive 2. 24-29-15-06408-000-0120 Lot 12 2143 Bell Cheer Drive The above in BELL-CHEER subdivision, as recorded in PLAT BOOK 30, PAGE 60, of the Public Records of Pinellas County, Florida. ========================================================================================= No. Parcel ID Legal Description Address 3. 24-29-15-31050-000-0100 Lot 10 2140 Burnice Drive The above in GLEN ELLYN ESTATES subdivision, as recorded in PLAT BOOK 34, PAGE 32, of the Public Records of Pinellas County, Florida. Exhibit B ZONING MAP Owner(s): Multiple Owners Case: ANX2015-10029 Site: Multiple Addresses – See Exhibit A Property Size(Acres): ROW (Acres): 0.71 N/A Land Use Zoning PIN: See attached Exhibit A From : RL R-3 Atlas Page: 308B To: RL LMDR 60606 0 50 88103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 50 606060 60 60 50 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 332198765 4 3 2 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 11/04 4.76 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR PLEASANT PKWY 21312112217321722165213221432110217321172147214821552135214921671200 1276210921982152211721382123210921842147215521792185213011002107219721252106210121062157216621602118211921252115217321422191212421742135214921671110 2111 214321612126218721952178218521302191218821542164219221812127211221102160217621222 1 4 1 212521391006 21162130214021992190215621402166218021982186212421182141210021571220 21431010 21922133214821722100219121182134-Not to Scale--Not a Survey-Rev. 10/16/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer Drive 2139 ANX2015- 10029\Maps\ANX2015-10029 Location.docx LOCATION MAP Owner(s): Multiple Owners Case: ANX2015-10029 Site: Multiple Addresses – See Exhibit A Property Size(Acres): ROW (Acres): 0.71 N/A Land Use Zoning PIN: See attached Exhibit A From : RL R-3 Atlas Page: 308B To: RL LMDR ^^ ^-Not to Scale--Not a Survey-Rev. 10/16/15 DRUID RD S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer Drive 2139 ANX2015- 10029\Maps\ANX2015-10029 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2015-10029 Site: Multiple Addresses – See Exhibit A Property Size(Acres): ROW (Acres): 0.71 N/A Land Use Zoning PIN: See attached Exhibit A From : RL R-3 Atlas Page: 308B To: RL LMDR BURNICE DR BURNICE DR S BELCHER RD S BELCHER RD BELL CHEER DR BELL CHEER DR S UNIVERSITY DR S UNIVERSITY DR PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 10/16/15 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Bell Cheer Drive 2139 ANX2015- 10029\Maps\ANX2015-10029 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2015-10029 Site: Multiple Addresses – See Exhibit A Property Size(Acres): ROW (Acres): 0.71 N/A Land Use Zoning PIN: See attached Exhibit A From : RL R-3 Atlas Page: 308B To: RL LMDR 60606 0 50 88103 104 130 131 132 133 87 86 85 84 83 138 137 136 135 134 105 106 107 108 109 110 127 126 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 50 606060 60 60 50 72144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 332198765 4 3 2 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 17 16 15 14 13 12 11 10 9 8 7 654 3 2 1 16 17 1 2 6 7 8 8 11/04 4.76 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR PLEASANT PKWY 21312112217321722165213221432110217321172147214821552135214921671200 1276210921982152211721382123210921842147215521792185213011002107219721252106210121062157216621602118211921252115217321422191212421742135214921671110 2111 214321612126218721952178218521302191218821542164219221812127211221102160217621222 1 4 1 212521391006 21162130214021992190215621402166218021982186212421182141210021571220 21431010 21922133214821722100219121182134-Not to Scale--Not a Survey-Rev. 10/16/15 Single Family Residential Single Family Residential Single Family Residential Water Single Family Residential View looking south at the subject property, 2139 Bell Cheer Drive East of the subject property West of the subject property Across the street, to the north of the subject property ANX2015-10029 Frank and Tina Hucker 2139 Bell Cheer Drive Page 1 of 3 View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking south at the subject property, 2143 Bell Cheer Drive East of the subject property West of the subject property Across the street, to the north of the subject property ANX2015-10029 Thomas J. Spano 2143 Bell Cheer Drive Page 2 of 3 View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2140 Burnice Drive East of the subject property West of the subject property Across the street, to the south of the subject property ANX2015-10029 John A. Torres & Colleen M. Lewis 2140 Bell Cheer Drive Page 3 of 3 View looking easterly along Burnice Drive View looking westerly along Burnice Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: DVA2004-00004A (2) Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.11 SUBJECT/RECOMMENDATION: Approve the Termination of the Second Amended and Restated Development Agreement between 25 Countryside West, LLC, (property owner) and the City of Clearwater, as well the associated Termination and Release of Declaration of Restrictive Covenants, adopt Resolution 15-24, and authorize the appropriate officials to execute same. SUMMARY: The property is subject to rezoning and land use plan amendment (LUZ2004-08005) which was contingent upon approval of Development Agreement DVA 2004-00004. LUZ2004-08005 changed the zoning of the property from Open Space/ Recreation (OS/R) to Medium Density Residential (MDR) and land use from Residential/ Open Space (R/OS) to Residential Urban (RU). The zoning and land use allows for 7.5 dwelling units an acre and as the subject property is 44.2 acres, 331 units are allowable. The Development Agreement included restrictions to the development of the property specifically allowing only 280 townhouse units . The Development Agreement was amended twice through application DVA 2004-00004A. The Development Agreement is in effect until May 30, 2016. Subject to the rezoning, land use and development agreement being approved, Flexible Standard Development application FLS 2005-08060 was approved on February 21, 2006. However, this has since expired due to inactivity. FLS2015-09020 has been submitted and reviewed by the Development Review Committee (DRC) which proposes a 330-unit attached dwelling (apartment) development which is 50 units more than the Development Agreement allows. The applicant is requesting termination of the Development Agreement as amended to allow for the additional 50 units, and the different style of development. Terms of the Development Agreement as amended: §Restricts development of the property to 280 units §Restricts height to a maximum of 35 feet (two stories) §Restricts the units to be townhomes §Requires development to be in substantial conformance with the concept plan §Requires specific landscape buffering and building setbacks §Requires extension of the existing turn lane on Countryside Boulevard §Requires extension of the existing turn lane on Enterprise Road §Requires a utility easement to be granted to the City for constructed water lines §Prohibits vehicular access to Laurelwood Drive §Requires a six-foot high buffering fence along the east property line §Restricts egress from property onto Enterprise Road to a right out movement §Requires deed restrictions to be recorded for the property to generally describe the development limitations of the Development Agreement Page 1 City of Clearwater Printed on 12/17/2015 File Number: DVA2004-00004A (2) Revocation of a Development Agreement: Pursuant to CDC Section 4-606.J., a Development Agreement may be revoked in the event the City Council finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. There has been no activity on the site since May of 2006 (other than the proposed FLS2005-09020), and the aforementioned term of the Development Agreement that has occurred is the recording of the deed restrictions. The Community Development Board reviewed the request at its public hearing on November 17, 2015, and unanimously recommended approval of the request. Page 2 City of Clearwater Printed on 12/17/2015 Resolution No. 15-24 RESOLUTION NO. 15-24 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A TERMINATION OF THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND 25 COUNTRYSIDE WEST, LLC (“OWNER”), AS SUCCESOR-IN- INTEREST TO EXECUTIVE CORPORATION OF CLEARWATER, INC (“PREVIOUS OWNER”); AS WELL AS TERMINATION OF THE ASSOCIATED DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater entered into a Second Amended and Restated Development Agreement with 25 Countryside West, LLC (“Owner”), as successor-in-interest to Executive Corporation of Clearwater, Inc (“Previous owner”), that was adopted by the City Council on May 18, 2006, by Resolution No. 06-30; and WHEREAS, it is desirable to terminate said Second Amended and Restated Development Agreement and associated Declaration of Restrictive Covenants as there has been a failure to comply with the terms of the Development Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Second Amended and Restated Development Agreement between the City of Clearwater and 25 Countryside West, LLC (“Owner”), as successor- in-interest to Executive Corporation of Clearwater, Inc (“Previous owner”) and associated Declaration of Restrictive Covenants, a copy of which is attached as Exhibit “A,” is hereby terminated. Section2. Authorize the City Council and all appropriate officials to execute the Termination of the Second Amended and Restated Development Agreement and the Termination of Associated Declaration of Restrictive Covenants, which are attached as exhibits B and C respectively. Section 3. This resolution shall take effect immediately upon adoption. Resolution No. 15-24 2 PASSED AND ADOPTED this _______ day of _____________, 2015. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk OFFRECBK15155PG270027142NDAMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT AGREEMENT is dated 2006 effective as provided in Section 5 of this Agreement and entered into between EXECUTIVE CORPORATION OF CLEARWATER INC a Florida corporation OWNER and the CITY OF CLEARWATER FLORIDA a political subdivision of the State of Florida acting through its City Council COUNCIL the governing body thereof CITYRECITALS A Sections 163 3220 163 3243 Florida Statutes which set forth the Florida Local Government Development Agreement Act ACT authorize the CITY to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City B Under Section 163 3223 of the ACT the CITY has adopted Section 4 606 of the City of Clearwater Community Development Code CODE establishing procedures and requirements to consider and enter into development agreements C OWNER owns approximately 44 2 acres m o 1 of real property PROPERTY in the corporate limits of the City more particularly described on Exhibit A attached hereto and incorporated herein D OWNER or its successor desires to develop the Property as a townhome community consisting of not more than 280 units generally conforming to the concept plan CONCEPT PLAN shown on Sheet 1 of 2 on Exhibit B attached hereto and incorporated herein E The PROPERTY currently has a land use designation of Recreation Open Space and is zoned OS R F In order to develop the PROPERTY consisting of 44 2 acres with up to 280 residential units OWNER has requested that the City place the following on the PROPERTY i a land use designation of Residential Urban 7 5 units acre and ii a zoning designation of MDR Medium Density Residential G The CITY and OWNER have determined that it would be mutually beneficial to enter into a development agreement governing the matters set forth herein and have negotiated this AGREEMENT in accordance with the CODE and the ACT H The CITY has found that the terms of and future development orders associated with this AGREEMENT are consistent with the City Comprehensive Plan and the CODE I On May 31 2005 the CITY and the OWNER entered into a Development Agreement which the parties wish to amend and restate in its entirety as set forth below STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises the mutual covenants contained herein and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged the parties hereto intending to be legally bound and in accordance with the ACT agree as follows SECTION 1 RECITALS AGREEMENT The above recitals are true and correct and are a part of this SECTION 2 INCORPORATION OF THE ACT This AGREEMENT is entered into in compliance with and under the authority of the CODE and the ACT the terms of which as of the date of this AGREEMENT are incorporated herein by this reference and made a part of this AGREEMENT Words used in this AGREEMENT without definition that are defined in the ACT shall have the same meaning in this AGREEMENT as in the ACT SECTION 3 PROPERTY SUBJECT TO THIS AGREEMENT The PROPERTY is subject to this AGREEMENT SECTION 4 OWNERSHIP The PROPERTY is owned in fee simple by OWNER SECTION 5 EFFECTIVE DATEDURATION OF THIS AGREEMENT 5 1 This AGREEMENT shall become effective as provided for by the ACT and shall be contingent upon 5 1 1 Obtaining final approval and effectiveness of a land use designation of Residential Urban and a zoning designation of MDR as requested on the PROPERTY and 5 1 2 Conveyance by OWNER of the PROPERTY to Beazer Homes Corp a Tennessee corporation or assigns 5 2 This AGREEMENT shall continue in effect until terminated as defined herein but for a period not to exceed ten 10 years SECTION 6 OBLIGATIONS UNDER THIS AGREEMENT 2 6 1 Obligations of the OWNER 6 1 1 The obligations under this AGREEMENT shall be binding on OWNER its successors or assigns 6 1 2 At the time of development of the PROPERTY OWNER will submit such applications and documentation as are required by law and shall comply with the City s CODE applicable at the time of development review 6 1 3 PROPERTY The following restrictions shall apply to development of the 6 1 3 1 The PROPERTY shall be developed substantially in conformance with the CONCEPT PLAN The estimated population density and maximum building intensity are shown on the CONCEPT PLAN The locations of the ponds and roads shown on the CONCEPT PLAN are approximate and may change as a result of the requirements of applicable regulatory agencies or other design considerations 6 1 3 2 Building height shall not exceed 35 feet two stories 6 1 3 3 The architectural style of the townhomes to be constructed on the Property shall be substantially as shown on the renderings attached hereto as Exhibit C 6 1 34 The landscape buffering for the westerly side of the Property adjacent to existing residential development shall be substantially as described on Sheet 2 of 2 on Exhibit B Building setbacks shall meet the requirements of the CODE and may be located in whole or in part within the landscape buffer 6 1 3 5 The OWNER shall construct at its cost an extension of a turn lane on Countryside Blvd as shown on the CONCEPT PLAN and shall post the security therefor as required by CODE 34606 G 1 e 6 1 3 6 The OWNER shall grant i a utility easement for water service five 5 feet on either side of the constructed water lines on the PROPERTY and ii simultaneously with vacation by the CITY of that portion of the easement recorded in O R Book 4223 Page 1502 of the Public Records of Pinellas County Florida a replacement easement that relates to the remaining active wells operated by the CITY on the Property 6 1 3 7 The project to be developed on the PROPERTY shall not have vehicular access to Laurelwood Drive 6 1 3 8 On the west side of Enterprise Road the OWNER shall extend north to the project entrance 400 feet the existing SB to WB right turn lane at the Enterprise Road Countryside Blvd intersection all at the OWNER S cost 3 6 1 3 9 The OWNER shall buffer any residential structures located opposite the entrance to the Tampa Bay Water property to the east with a six foot high opaque fence so as to diminish any adverse impact of headlights of vehicles exiting the Tampa Bay Water property 6 1 3 9 Egress from the PROPERTY onto Enterprise Road shall permit only a right out movement Ingress into the PROPERTY from Enterprise Road shall permit right in and left in movements 6 1 4 Prior to issuance of the first building permit for the PROPERTY Owner shall record a deed restriction encumbering the PROPERTY which deed restriction shall be approved as to form by the City Attorney which approval shall not be unreasonably withheld and which will generally describe the development limitations of this AGREEMENT The deed restriction shall be perpetual and may be amended or terminated only with the consent of the CITY which consent shall not be unreasonably withheld 6 2 Obligations of the City 6 2 1 Concurrent with the approval of this AGREEMENT the COUNCIL shall promptly process amendments to the land use plan and zoning designation for the PROPERTY as set forth in Recital F above all in accordance with the CODE 62 2 City will approve site and construction plans for the PROPERTY that are consistent with the Comprehensive Plan and the CONCEPT PLAN and that meet the requirements of the CODE 62 3 The City shall consider the vacation of the easement recorded in O R Book 4223 Page 1502 of the Public Records of Pinellas County Florida 6 24 The final effectiveness of the redesignations referenced in Section 6 2 1 is subject to 6 2 5 1 The provisions of Chapter 125 and 163 Florida Statutes as they may govern such amendments and 6 2 5 2 The expiration of any appeal periods or if an appeal is filed at the conclusion of such appeal SECTION 7 PUBLIC FACILITIES TO SERVICE DEVELOPMENT The following public facilities are presently available to the PROPERTY from the sources indicated below Development of the PROPERTY will be governed by the concurrency ordinance provisions applicable at the time of development approval With respect to 4 transportation the concurrency provisions for the proposed development have been met 7 1 Potable water from the CITY 7 2 Sewer service is currently provided by the CITY 7 3 Fire protection from the CITY 74 Drainage facilities for the parcel will be provided by OWNER 7 5 Reclaimed water from the CITY if available 7 6 Solid waste from the CITY SECTION 8 REQUIRED LOCAL GOVERNMENT PERMITS The required local government development permits for development of the PROPERTY include without limitation the following 8 1 Site plan approval s and associated utility licenses access and right of way utilization permits 8 2 Construction plan approval s 8 3 Building permit s and 84 Certificate s of occupancy SECTION 9 CONSISTENCY The CITY finds that development of the PROPERTY consistent with the terms of this AGREEMENT is consistent with the City Comprehensive Plan SECTION 10 TERMINATION 10 1 If OWNER S obligations set forth in this AGREEMENT are not followed in a timely manner as determined by the City Manager after notice to OWNER and an opportunity to be heard existing permits shall be administratively suspended and issuance of new permits suspended until OWNER has fulfilled its obligations Failure timely to fulfill its obligations may serve as a basis for termination of this AGREEMENT by the CITY at the discretion of the CITY and after notice to OWNER and an opportunity for OWNER to be heard 5 SECTION 11 OTHER TERMS AND CONDITIONS 11 1 Except in the case of termination until ten 10 years after the date of this AGREEMENT the PROPERTY shall not be subject to downzoning unit density reduction or intensity reduction unless the CITY has held a public hearing and determined 11 1 1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this AGREEMENT or 11 1 2 This AGREEMENT is based on substantially inaccurate information provided by OWNER or 11 1 3 That the change is essential to the public health safety or welfare SECTION 12 COMPLIANCE WITH LAw The failure of this AGREEMENT to address any particular permit condition term or restriction shall not relieve OWNER from the necessity of complying with the law governing such permitting requirements conditions terms or restrictions SECTION 13 NOTICES Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery by nationally recognized overnight courier service such as Federal Express or by certified mail return receipt requested addressed as follows copies as provided below shall be required for proper notice to be given If to OWNER Executive Corporation of Clearwater Inc 5260 South Landings Drive Ariel 704 Fort Myers FL 33919 With copy to Timothy A Johnson Jr Esquire Johnson Pope Bokor Ruppel Burns LLP 911 Chestnut S1 Clearwater FL 33756 If to CITY City Council of City of Clearwater c o City Manager 112 South Osceola Avenue P O Box 4748 Clearwater FL 33756 Properly addressed postage prepaid notices or communications shall be deemed delivered and received on the day of hand delivery the next business day after deposit with an overnight courier service for next day delivery or on the third 3rd day following deposit in the United States mail certified mail return receipt requested The parties 6 may change the addresses set forth above including the addition of a mortgagee to receive copies of all notices by notice in accordance with this Section SECTION 14 INTENTIONALLY OMITTED SECTION 15 MINOR NON COMPLIANCE OWNER will not be deemed to have failed to comply with the terms of this AGREEMENT in the event such noncompliance in the judgment of the City Administrator reasonably exercised is a minor or inconsequential nature SECTION 16 COVENANT OF COOPERATION The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this AGREEMENT and in achieving the completion of development of the PROPERTY SECTION 17 ApPROVALS Whenever an approval or consent is required under or contemplated by this AGREEMENT such approval or consent shall not be unreasonably withheld delayed or conditioned All such approvals and consents shall be requested and granted in writing SECTION 18 COMPLETION OF AGREEMENT Upon the completion of performance of this AGREEMENT or its revocation or termination a statement evidencing such completion revocation or termination shall be signed by the parties hereto and recorded in the official records of the CITY SECTION 19 ENTIRE AGREEMENT This AGREEMENT including any and all Exhibits attached hereto all of which are a part of this AGREEMENT to the same extent as if such Exhibits were set forth in full in the body of this AGREEMENT constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof SECTION 20 CONSTRUCTION The titles captions and section numbers in this AGREEMENT are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section subsection or provision of this AGREEMENT Whenever the context requires or permits the singular shall include the plural and plural shall include the singular and any reference in this AGREEMENT to OWNER includes OWNER S successors or assigns This AGREEMENT was the production of negotiations between representatives for the CITY and OWNER and the language of the Agreement should be given its plain and ordinary meaning and should not be construed against any party hereto If any term or provision of this AGREEMENT is susceptible to more than one interpretation one or more of which render it valid and enforceable and one or more of which would render it invalid or unenforceable such term or provision shall be construed in a manner that would render it valid and enforceable SECTION 21 PARTIAL INVALIDITY If any term or provision of this AGREEMENT or the application thereof to any person or circumstance is declared invalid or 7 unenforceable the remainder of this AGREEMENT including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall with the remainder of this AGREEMENT continue unmodified and in full force and effect Notwithstanding the foregoing if such responsibilities of any party thereto to the extent that the purpose of this AGREEMENT or the benefits sought to be received hereunder are frustrated such party shall have the right to terminate this AGREEMENT upon fifteen 15 days notice to the other parties SECTION 22 CODE AMENDMENTS Subsequently adopted ordinances and codes of the CITY which are of general application not governing the development of land shall be applicable to the PROPERTY and such modifications are specifically anticipated in this AGREEMENT SECTION 23 GOVERNING LAw This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state SECTION 24 COUNTERPARTS This AGREEMENT may be executed in counterparts all of which together shall continue one and the same instrument Section 25 TERMINATION OF DEVELOPMENT AGREEMENT The Development Agreement entered into by the parties on May 31 2005 is hereby terminated IN WITNESS WHEREOF the parties have hereto executed this AGREEMENT the date and year first above written End of Substantive Provisions Signature Page to follow 8 WITNESSES Countersigned Frink V Hibbard Mayor Approved as to form t U Leslie K Dougall id Assistant City Attorney EXECUTIVE CORPORATION OF CLEARWATER INC a Florida c B7 cZef v S Lee Crouch President CITY OF CLEARWATER FLORIDA By lS illiam B Horne II Attest STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this t Cc 2006 by S Lee Crouch as President of EXECUTIVE CORPORATION OF CLEARWATER INC a Floriduorporation on blihalf of the corporation who 0 is personally known to me or who CiI produced L l as identification I U PArpj GINGER BARKHAUSENMYCOMMISSIONDO 4662EXPIRESAJV M Thru N u ust 28 2009 o lIry ubl Underwriters k s tlc l O tV JCLvL3 9 STATE OF FLORIDA CITY OF PINELLAS The foregoing instrument was acknowledged before me this I iu 2006 by Frank V Hibbard as Mayor of the City of Clearwater Flori who fiSC is personally known to me or who D produced identification Notary Public printName ANe NF IINI y I Ofll 407 398153 DIANE E MANNI MY COMMISSION 00526OJ3 EXPIRES Mar 6 2010 Ronda Notary Sarvica com STATE OF FLORIDA CITY OF PINELLAS The foregoing instrument was acknowledged before me this 3c 2006 by William B Horne II City Manager of the City of Clearw ter Florida who is personally known to me or who D produced identification z Notary Public Print Name Ci NC e H4VNI yp A OFll 407 39Bl53 DIANE E MANNI MY COMMISSION 00526033 EXPIRES Mar6 2010 Florida Notary Sevicecom Exhibits A Legal Description of Property B Concept Plan C Building Elevations 05 12 0607 58 Prvi 45403 108701 359033 v2 Beazer CountrysidelDevelopment Agreement Amended 10 Deleted 05 12 060453 PM EXHIBIT A LEGAL DESCRIPTION A tract of land lying in Sections 30 and 31 Township 28 South Range 16 East City of ClearwaterPinellasCountyFloridaandbeingmoreparticularlydescribedasfollows COMMENCE at the West 14 Comer of said Section 30 thence run South 0019 55 East along thewestlineofsaidSection30for44465feetthenceSouth8905513Eastfor5001feettothePOINTOFBEGINNINGthencecontinueSouth8905513Eastfor155845feettoapointonthewestlineofDunedinIndustrialParkasrecordedinPlatBook64Page76RecordsofPinellasCountyFloridathenceSouth000447Westfor93736feettothesouthwestcomerofsaidPlatthenceSouth8905513Eastalongthesouthlineofsaidplatfor24755feettoapointonthewesterlyrightofwaylineofEntexpriseRoadthence1661feetalongtesaidwesterlyrightofwaylineandthearcofacurvethatisconcavetothenortheasthavingaradiusof89500feetachordlengthof1661feetandachordbearingofSouth902720EaSttoapointofcompoundcurvaturewithacurvethatisalsoconcavetothenortheastthence26109feetalongthearcofsaidcurvehavingaradiusof33000feetachordlengthof25433feetandachordbearingofSouth3203910EasttoapointoftangencythenceSouth5501905Eastfor34577feettoapointofcurvatureofacurveofacurvethatisconcavetothesouthwestthence9609feetalongthearcofsaidcurvehavingaradiusof17000feetachordlengthof9482feetandachordbearingofSouth3900731EasttoapointoftangencythenceSouth2205556Eastfor14370feettoapointofcurvatureofacurvethatisconcavetothenortheastthence28662feetalongthearcofsaidcurvehavingaradiusof40500feetachordlengthof28068feetandachordbearingofSouth4301218Easttoapointofreversecurvaturewithacurvethatisconcavetothesouthwestthence10223feetalongthearcofsaidcurvehavingaradiusof25000feetachordlengthof10152feetandachordbearingofSouth5104554Easttoapointofcompoundcurvaturewithacurvethatisconcavetothewestthence4917feetalongthearcofsaidcurvehavingaradiusof3000feetachordlengthof4385andachordbearingofSouth605415WesttoapointoftangencythesamepointbeingonthenorthwesterlyrightofwaylineofCountrysideBoulevardthenceSouth5305132Westalongsaidrightofwaylinefor59243feettoapointofcurvatureofacurvethatisconcavetothesoutheastthence105947feetalongthearcofsaidcurvehavingaradiusof196000feetachordlengthof104662feetandachordbearingofSouth3802224WestthenceleavingsaidrightofwaylineNorth6700644Westfor16415feetthenceNorth1003036Westfor67431feetthenceNorth6205447Westfor11419feettoapointonthearcofacurvethatisconcavetothenorthwestthence9814feetalongthearcofsaidcurvehavingaradiusof49000feetachordlengthof9797feetandachordbearingofNorth2102058EastthenceSouth8505513Eastfor38297feetthenceNorth5301837Eastfor25400feetthenceNorth1000450Westfor22853feetthenceNorth3601514Eastfor11161feetthenceNorth1402828Westfor44410feetthenceNorth5801559Westfor44679feetthenceSouth7403452Westfor20675feettoapointonthearcofacurvethatisconcavetothesouthwestthence3709feetalongthearcofsaidcurvehavingaradiusof59000feetachordlengthof3708feetandachordbearingofNorth101311WestthenceNorth6201234Eastfor28857feetthenceNorth305927Westfor43105feetthenceNorth4400526Westfor44553feetthenceSouth7902845Westfor98307feetthenceNorth001955Westfor39361feettothePOINTOFBEGllINlNG J I IiW IiWZ S0 te188 o u III I I J 1 L 1 if It tJih i HI I utI I 1 H1 I fitIit11lilJiffhHHtIiIoIIUIIh Q 11111 J I z 1 1141 i IfHllit1lqjiltilliI J J It 11 t1 j 1 rf t i J IItDtSHI0rnmiJIHIiiIJtinU I t Ii II i il ll IIhIIiIIIf III I III1 I I ji jiRi 11 Ii ill J II I IrJillIi I II sl1 rlJIIIIIICIl il I I I h U I I 00r6Iq Ii II 8III uI EI B z s jEIIII1tJIIIIOUIfhifecIU1IIIIQj811i811oilt111IIIII11hiiIIIiIthhhuIIUiIIsIBII1 II JI 1iil i I IlL l Ii II II II l l rn o1 z o ojIJc l E tIg tIJ ss o U 1 I I I I r i i l r I t t fi lf I J i I i I I11I 1 It1 0 ii I 1 I i Go r lf 1 I toIooII u I I I i r I Il i j I 1 j r l t 1 ji I l 1 1 I JO T aOl d LI8IHX3 n 1 3 lIDITI fD 8i f Cl lIltE GJ m IiIJI1 c o CISt ii5 J II i ijI I r 174 fIi1Illiiv addi IIiChilit li iI Jrr J i4 i g j J J 8 to 3 CQ I I e U V o s z z o r 0 E w ZE IJJ 0 f lll C ol c UJ Ec s o U i I I 1 1 t t I i f L4i IiEi 1 1itI 1 ihri J l lN 1 lI lit i uJ tL 1t flU 1 1 Jld ili I 1 10 abed IIJII JISIHX3 I I I 11 II I I Ir j J c i h I 1 I j Cl o J tU o c j 8 0 r l I Ju Prepared by and after recording return to: E.D. Armstrong, III, Esq. Hill, Ward & Henderson, P.A. 600 Cleveland Street Suite 800 Clearwater, FL 33755 TERMINATION AND RELEASE OF SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS TERMINATION AND RELEASE OF SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (the “Termination”) is made on the __ day of ________________ 2015, by 25 COUNTRYSIDE WEST, L.L.C. (“Current Owner”), successor- in-interest to EXECUTIVE CORPORATION OF CLEARWATER, INC. (“Previous Owner”), a Florida limited liability corporation, and the CITY OF CLEARWATER, a municipal corporation (“City”). RECITALS WHEREAS, as an apparent condition to approval for the development of the real property described on Exhibit A attached hereto and incorporated by this reference (the “Property”), Previous Owner and City entered into that certain Second Amended and Restated Development Agreement dated May 30, 2006, and recorded in Official Records Book 15155, Page 2700 (which amended and restated in its entirety that certain Development Agreement between Previous Owner and City dated May 31, 2005, recorded in Official Records Book 14358, Page 1019, of the Public Records of Pinellas County, Florida (the “Agreement”); and WHEREAS, the Agreement runs with the land, and is binding on successive owners; and WHEREAS, the City has determined that the Property has not been developed, either by Current or Previous Owner, as set forth in the Concept Plan described in the Agreement; and WHEREAS, paragraph 10 of the Agreement provides for the termination of the Agreement if the Owners obligations as set forth in the Agreement are not followed in a timely manner; and WHEREAS, the City Council held a public hearing on _____________, 2015, and thereby passed Resolution ________ consenting to the termination and release of the Agreement; NOW, THEREFORE, in consideration of the recitals set forth above, which are incorporated herein by this reference, Ten Dollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City terminates the Agreement and hereby releases the Property described in Exhibit “A” from all [GM15-1420-190/174973/1] - 2 - terms, conditions, agreements and covenants contained in the Agreement, including, without limitation, the restrictions on the development of the Property as contained in Paragraph 6.1.3. The City hereby affirms and agrees that: (a) no provision, term, covenant or condition in said Agreement remains in effect as of the date hereof; and (b) the City claims no right, title or interest of any kind or nature in said Property or the improvements located thereon. This Release is executed in favor of the Current Owner and may be relied on by the Current Owner and any successor to the Current Owner in title to the Property. THIS RELEASE has been executed as of the above-written date by the Current Owner and the City. [Remainder of Page Intentionally Blank] [GM15-1420-190/174973/1] - 3 - (SIGNATURE PAGE TO TERMINATION AND RELEASE OF SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT) IN WITNESS WHEREOF, CURRENT OWNER has executed this Agreement on the day and year first above written. Witnesses: Print Name: Print Name: CURRENT OWNER: 25 COUNTRYSIDE WEST, L.L.C., a Florida limited liability corporation By: Print Name: Title: STATE OF FLORIDA COUNTY OF _________________ The foregoing instrument was acknowledged before me on _______________ 2015, by _________________, as __________________ of 25 COUNTRYSIDE WEST, L.L.C., a Florida limited liability corporation, on behalf of such entity. Such person is personally known to me or has produced a valid driver’s license as identification. NOTARY PUBLIC – STATE OF FLORIDA My Commission Expires: [GM15-1420-190/174973/1] - 4 - (SIGNATURE PAGE TO TERMINATION AND RELEASE OF SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT) CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2015, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2015, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: 7211238v1 EXHIBIT A Legal Description LOTS 1 THROUGH 240, INCLUSIVE AND TRACT A, COSTA VERDE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 132, PAGES 38 THROUGH 55, INCLUSIVE, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. Prepared by and after recording return to: E.D. Armstrong, III, Esq. Hill, Ward & Henderson, P.A. 600 Cleveland Street Suite 800 Clearwater, FL 33755 TERMINATION AND RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS THIS TERMINATION AND RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS (the “Release”) is made on _______________ __, 2015, by 25 COUNTRYSIDE WEST, L.L.C. (“Current Owner”), successor-in-interest to EXECUTIVE CORPORATION OF CLEARWATER, INC. (“Previous Owner”), a Florida limited liability corporation and the CITY OF CLEARWATER, a municipal corporation (“City”). RECITALS WHEREAS, as a condition of approval for the development of the real property described on Exhibit A attached hereto and incorporated by this reference (the “Property”), and pursuant to the requirements of that certain Second Amended and Restated Development Agreement between Previous Owner and City dated May 30, 2006, and recorded in Official Records Book 15155, Page 2700, of the Public Records of Pinellas County, Florida (the “Agreement”), Previous Owner executed and recorded that certain Declaration of Restrictive Covenants dated July 10, 2006 and recorded in Official Records Book 16239, Page 991, of the Public Records of Pinellas County, Florida (the “Restrictions”); WHEREAS, the Agreement and Restrictions run with the land, and are binding on successive owners; and WHEREAS, the City has determined that the Property encumbered by the Restrictions has not been developed as required by the Agreement; and WHEREAS, the Current Owner and City have determined the Restrictions are no longer necessary to protect the Property or the City and are no longer applicable to the future development of the Property; and WHEREAS, paragraph 4 of the Restrictions requires written consent of the City Commission, for any alteration, amendment or termination; and WHEREAS, the City Council held a public hearing on _______________ and at such hearing passed Resolution ___________ agreeing to terminate and release the Restrictions; and [GM15-1420-190/174972/1] - 2 - NOW, THEREFORE, in consideration of the recitals set forth above, which are incorporated herein by this reference, Ten Dollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City hereby releases the Property described in Exhibit “A” attached hereto and made a part hereof (together with all buildings and improvements located thereon), from any and all terms, conditions, agreements and covenants contained in the Restrictions, including, without limitation, the use restrictions contained in Paragraph 2. The City hereby affirms and agrees that: (a) no provision, term, covenant or condition in said Restriction remains in effect as of the date hereof; and (b) the City claims no right, title or interest of any kind or nature in said Property or the improvements located thereon. This Release is executed in favor of the Current Owner and may be relied on by the Current Owner and any successor to the Current Owner in title to the Property. THIS RELEASE has been executed as of the above-written date by the Current Owner and the City. [Remainder of Page Intentionally Blank] [GM15-1420-190/174972/1] - 3 - (SIGNATURE PAGE TO RELEASE AND TERMINATION OF RESTRICTION) IN WITNESS WHEREOF, Holder has executed this Agreement on the day and year first above written. Witnesses: Print Name: Print Name: CURRENT OWNER: 25 COUNTRYSIDE WEST, L.L.C., a Florida limited liability corporation By: Print Name: Title: STATE OF FLORIDA COUNTY OF _________________ The foregoing instrument was acknowledged before me on _______________ 2015, by __________________, as _____________ of 25 COUNTRYSIDE WEST, L.L.C., a Florida limited liability corporation, on behalf of such entity. Such person is personally known to me or has produced a valid driver’s license as identification. NOTARY PUBLIC – STATE OF FLORIDA My Commission Expires: [GM15-1420-190/174972/1] - 4 - (SIGNATURE PAGE TO RELEASE AND TERMINATION OF RESTRICTION) CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2015, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2015, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: 7211707v1 EXHIBIT A Legal Description LOTS 1 THROUGH 240, INCLUSIVE AND TRACT A, COSTA VERDE, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 132, PAGES 38 THROUGH 55, INCLUSIVE, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: TA2015-08005 Agenda Date: 12/17/2015 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Planning & Development Agenda Number: 8.12 SUBJECT/RECOMMENDATION: Approve amendments to the Clearwater Community Development Code regarding the establishment of funeral homes as a use; medical clinics in various districts; retail plazas in the Commercial District; microbreweries in the Downtown District; resort attached dwellings and non-residential off-street parking in the Tourist District; eliminating inconsistencies and errors in the Institutional District; modifying the requirements for outdoor cafés; clarifying the responsibility of the Development Review Committee; providing for and modifying various definitions; and pass Ordinance 8810-16 on first reading. (TA2015-08005) SUMMARY: The proposed amendment contains numerous revisions to the Community Development Code. The most substantial topics are those concerning funeral homes, medical clinics, resort attached dwellings and outdoor cafés. Funeral homes: The proposed amendment removes funeral homes from the definition of retail sales and services and establishes it as its own use within the Commercial (C), Office (O) and Institutional (I) Districts (the districts where funeral homes are presently established). The establishment of funeral homes as its own standalone use is related to the criteria that currently apply to it as a “retail” use precluding it from truly being an allowable use in the I District. The criteria limit the use to “goods and services directly related to the physical health and well-being of persons or animals” and being accessory to a use “otherwise permitted and the retail sales and service use [occupying] no more than ten percent of the gross floor area of the building.” Rather than amending the criteria and potentially impacting numerous retail uses, staff proposes to establish the funeral homes use separately and provide appropriate criteria for that use. Medical clinics: The proposed amendment does not introduce the medical clinic use to any districts that it is not already permissible within, but instead facilitates the easier establishment of the medical clinic use within those districts. Medical clinics will become a Minimum Standard Development use in the C, O and I Districts, and additional flexibility will be provided in the C, O and I Districts as Flexible Standard Development (FLS) uses. In addition to the above, medical clinics will be added to footnote #1 in Table 2-702 for consistency with the Countywide Plan Rules. This footnote requires that medical clinics shall not exceed ten acres without a land use map amendment to Institutional. Resort attached dwellings: The proposed amendment adds an additional criterion pertaining to height for the resort attached dwellings use in the T District. The criterion clarifies that the height for the use shall not exceed the height specified for residential uses based upon the Beach by Design Page 1 City of Clearwater Printed on 12/17/2015 File Number: TA2015-08005 character district in which the use is to be located. Additionally, the amendment will modify the definition of resort attached dwellings to further clarify that the use is a variation on the attached dwelling use. Outdoor cafés: The proposed amendment makes several changes to those provisions governing outdoor cafés. First, the uses which may establish an outdoor café are expanded to include bars, brewpubs, indoor recreation /entertainment, microbreweries, and nightclubs. Second, the location and design requirements will be modified to provide greater clarity and to ensure efficiencies in pedestrian movement. Included among these efficiencies is language that the Community Development Coordinator may require a wider pedestrian path than otherwise required, and/or that the pedestrian path be delineated through the use of self -supporting fencing, landscape planters, or other such devices and methods as presented to and approved by the city. Additionally, the amendment eliminates the mandatory requirement that outdoor café areas be delineated - this will now be optional. In addition to the above, staff is also proposing the following: §Adding microbreweries as a permissible use in the Downtown (D) District; §Deleting non-residential off-street parking as a permissible use in the Tourist (T) District; §Modifying the development standards and flexibility criteria in the Institutional (I) District to eliminate inconsistencies and errors; §Adding a footnote to the Minimum Standard Development table in the Commercial (C) District regarding restaurants in retail plazas; §Correcting a statement of applicability in both the landscaping and parking standards; §Clarifying an exception for the provision of off -street loading facilities in the Tourist (T) District; §Clarifying the responsibility of the Development Review Committee (DRC); and, §Defining or modifying the existing definition of the following terms: beer garden, brewpubs, funeral homes, light assembly, manufacturing, medical clinic, microbreweries, print shops, research and technology, resort attached dwellings, retail sales and services, and vehicle service. The Planning and Development Department has determined that the proposed text amendment to the Community Development Code is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The CDB reviewed the proposed text amendment at its meeting of November 17, 2015, and unanimously recommended approval of the amendment. Page 2 City of Clearwater Printed on 12/17/2015 Community Development Board – November 17, 2015 TA2015-08002 – Page 1 COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: November 17, 2015 AGENDA ITEM: F.7. CASE: TA2015-08005 ORDINANCE NO.: 8810-16 REQUEST: Review and recommendation to the City Council, of an amendment to the Community Development Code. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The Planning and Development Department has regularly reviewed the Code as it applies to certain proposed development. Staff has provided input toward improving the Code based on how staff has experienced the Code’s application toward various circumstances. City staff developed a list of existing Community Development Code (CDC) provisions that should be amended in order to better reflect City development patterns, improve internal processes, and improve consistency with the Comprehensive Plan, Countywide Rules, and Florida Statutes. ANALYSIS: Proposed Ordinance No. 8810-16 amends several sections of the CDC. The following is a brief analysis of each aspect of the proposed amendment. 1. Funeral Homes [pages 3, 4, 6, 7, 12, 13, 15, 16, 23 and 24 of Ordinance] The proposed amendment removes funeral homes from the definition of retail sales and services and establishes it as its own use within the Commercial (C), Office (O) and Institutional (I) Districts (the districts where funeral homes are presently established). The establishment of funeral homes as its own standalone use is related to the criteria that currently apply to it as a “retail” use precluding it from truly being an allowable use in the I District. The criteria limit the use to “goods and services directly related to the physical health and well-being of persons or animals” and being accessory to a use “otherwise permitted and the retail sales and service use [occupying] no more than ten percent of the gross floor area of the building.” Rather than amending the criteria and potentially impacting numerous retail uses, staff proposes to establish the funeral homes use separately and provide appropriate criteria for that use. 2. Medical Clinics [pages 4-7, 9, 12-17 and 24 of Ordinance] The proposed amendment does not introduce the medical clinic use to any districts that it is not already permissible within, but instead facilitates the easier establishment of the medical clinic use within those districts. Medical clinics will become a Minimum Standard Development use in the C, O and I Districts, and additional flexibility will be provided in the C, O and I Districts as Flexible Standard Development (FLS) uses. In addition to the above, medical clinics will be added to footnote #1 in Table 2-702 for consistency with the Community Development Board – November 17, 2015 TA2015-08005 – Page 2 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Countywide Plan Rules. This footnote requires that medical clinics shall not exceed ten acres without a land use map amendment to Institutional. 3. Microbreweries [pages 3, 11, 12 and 24 of Ordinance] Brewpubs and microbreweries were added to numerous districts as part of Ordinance No. 8654-15; however only brewpubs were added to the Downtown (D) District. The proposed amendment establishes microbreweries in the D District as an FLS use. 4. Non-Residential Off-Street Parking [pages 3 and 8-10 of Ordinance] The proposed amendment removes the non-residential off-street parking use and its corresponding footnote from the Tourist (T) District. The use is being removed as it is redundant to the parking garages and lot use already permissible in the District. 5. Resort Attached Dwellings [pages 10 and 23 of Ordinance] The proposed amendment adds an additional criterion pertaining to height for the resort attached dwellings use in the T District. The criterion clarifies that the height for the use shall not exceed the height specified for residential uses based upon the Beach by Design character district in which the use is to be located. Additionally, the amendment will modify the definition of resort attached dwellings to further clarify that the use is a variation on the attached dwelling use. 6. Institutional (I) District [pages 14-18 of Ordinance] The proposed amendments to the I District concern several uses, but are limited to the elimination of inconsistencies and errors in the development standards and flexibility criteria for those uses. 7. Restaurant in Retail Plazas [page 5 of Ordinance] The proposed amendment will add a footnote in Table 2-702 to regulate how much square footage a restaurant may occupy within a retail plaza before additional parking needs to be provided. This regulation is consistent with the criteria for the same use in the FLS and Flexible Development tiers. 8. Outdoor Cafés [pages 19-21 of Ordinance] The proposed amendment makes several changes to those provisions governing outdoor cafés. First, the uses which may establish an outdoor café are expanded to include bars, brewpubs, indoor recreation/entertainment, microbreweries, and nightclubs. Second, the location and design requirements will be modified to provide greater clarity and to ensure efficiencies in pedestrian movement. Included among these efficiencies is language that the Community Development Coordinator may require a wider pedestrian path than otherwise required, and/or that the pedestrian path be delineated through the use of self-supporting fencing, landscape planters, or other such devices and methods as presented to and approved by the city. 9. Parking/Landscape Code [pages 21-22 of Ordinance] The proposed amendment corrects a statement of applicability in both the landscaping (Section 3-1202) and parking (Section 3-1401) standards. Both sets of standards refer to requirements “contained within this section” when they should refer to requirements “contained within the division.” Community Development Board – November 17, 2015 TA2015-08005 – Page 3 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 10. Off-Street Loading [page 22 of Ordinance] The proposed amendment clarifies that the exception for the provision of off-street loading in the Tourist (T) District is only for those T District properties located on Clearwater Beach. 11. Development Review Committee [page 22 of Ordinance] The proposed amendment clarifies that the responsibility of the Development Review Committee (DRC) is not to make a recommendation with regard to applications for development, but instead to provide technical support to applicants and to determine if applications are legally sufficient. 12. Definitions [page 23-25 of Ordinance] Beer garden – establishes a definition for what constitutes a beer garden. Brewpubs – modifies the definition for consistency with State Statutes. Light assembly – replaces the existing definition in its entirety with a definition that is consistent with the definition of Manufacturing – Light as per the newly adopted Countywide Rules. Manufacturing – replaces the existing definition in its entirety with a definition that is consistent with the definition of Manufacturing – Medium as per the newly adopted Countywide Rules. Medical clinic – modifies the definition to provide greater clarity and specificity. Microbreweries – modifies the definition to allow for the inclusion of beer gardens as an accessory use. Print shops – establishes a definition for what constitutes a print shop. Research and technology – replaces the existing definition in its entirety with a definition that is consistent with the definition of Research/Development – Light as per the newly adopted Countywide Rules. Retail sales and services – modifies the definition for what constitutes retail sales and services use to remove funeral homes and to add print shops. Vehicle service – modifies the definition for what constitutes a vehicle service use to include the installation of tires. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies which will be furthered by the proposed Code amendments: Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Community Development Board – November 17, 2015 TA2015-08005 – Page 4 Community Development Code Text Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION The proposed amendments are intended to make various clarifications or corrections to the Community Development Code, as well as modifications for consistency with the Countywide Rules and State Statutes. However, the proposed amendments will also further the functionality of our development approval process for several uses. As such, the above referenced Goal and Objective of the Comprehensive Plan will be furthered. 2. The proposed amendment furthers the purposes of the Community Development Cod e and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Section 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Section 1-103.E.3. Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. Section 1-103.E.9. Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized. The amendments proposed by this ordinance will further the above referenced purposes by implementing the aforementioned Goal and Objective of the Comprehensive Plan; by establishing a new permissible use (funeral homes); by facilitating the easier establishment of the medical clinic use; and by improving the regulations outdoor cafés, and off-street loading. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8810-16 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Robert G. Tefft, Development Review Manager ATTACHMENTS: Ordinance No. 8810-16 1 ORDINANCE NO. 8810-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, CHART 2-100, TO ADD FUNERAL HOMES AS A PERMISSIBLE USE IN THE COMMERCIAL, OFFICE AND INSTITUTIONAL DISTRICTS, ADD MICROBREWERIES IN THE DOWNTOWN DISTRICT, AND REMOVE NON-RESIDENTIAL OFF- STREET PARKING FROM THE TOURIST DISTRICT; AMENDING ARTICLE 2, SECTIONS 2-702, 2-1002 AND 2-1202, ADDING FUNERAL HOMES AND MEDICAL CLINICS AS MINIMUM STANDARD DEVELOPMENT USES; AMENDING ARTICLE 2, SECTION 2-702, ADDING A FOOTNOTE PERTAINING TO RESTAURANTS AND RETAIL PLAZAS, AND MODIFYING FOOTNOTE #1 TO INCLUDE MEDICAL CLINICS; AMENDING ARTICLE 2, SECTIONS 2-703, 2-1003 AND 2- 1203, ADDING FUNERAL HOMES AS FLEXIBLE STANDARD DEVELOPMENT USES; AMENDING ARTICLE 2, SECTIONS 2-703, 2- 802, 2-1003 AND 2-1203, MODIFYING DEVELOPMENT STANDARDS AND/OR FLEXIBILITY CRITERIA FOR MEDICAL CLINICS; AMENDING ARTICLE 2, SECTION 2-802, DELETING NON-RESIDENTIAL OFF- STREET PARKING AS A FLEXIBLE STANDARD DEVELOPMENT USE AND DELETING FOOTNOTE #7; AMENDING ARTICLE 2, SECTIONS 2-802 AND 2-803, ADDING A HEIGHT CRITERION FOR THE RESORT ATTACHED DWELLINGS USE; AMENDING ARTICLE 2, SECTION 2- 902, ADDING MICROBREWERIES AS A FLEXIBLE STANDARD DEVELOPMENT USE; AMENDING ARTICLE 2, SECTION 2-1004, DELETING MEDICAL CLINICS AS A FLEXIBLE DEVELOPMENT USE; AMENDING ARTICLE 2, SECTION 2-1203, MODIFYING DEVELOPMENT STANDARDS AND/OR FLEXIBILITY CRITERIA FOR ASSISTED LIVING FACILITIES, CONGREGATE CARE, HOSPITALS, NURSING HOMES, AND SOCIAL AND COMMUNITY CENTERS; AMENDING ARTICLE 2, SECTION 2-1204, DELETING SOCIAL AND COMMUNITY CENTERS AS A FLEXIBLE DEVELOPMENT USE, AND MODIFYING FLEXIBILITY CRITERIA FOR SOCIAL/PUBLIC SERVICE AGENCIES; AMENDING ARTICLE 3, SECTION 3-909, MODIFYING APPLICABILITY AND LOCATION AND DESIGN REQUIREMENTS OF OUTDOOR CAFÉ PROVISIONS; AMENDING ARTICLE 3, SECTIONS 3- 1202 AND 3-1401, TO REFERENCE THE DIVISION INSTEAD OF THE SECTION; AMENDING ARTICLE 3, SECTION 3-1406, CLARIFYING THE ZONING DISTRICT EXCEPTIONS FOR OFF-STREET LOADING; AMENDING ARTICLE 5, SECTION 5-302, CLARIFYING THE RESPONSIBILITIES OF THE DEVELOPMENT REVIEW COMMITTEE; AMENDING ARTICLE 8, SECTION 8-102, MODIFYING THE DEFINITIONS FOR BREWPUBS, LIGHT ASSEMBLY, 2 MANUFACTURING, MEDICAL CLINICS, MICROBREWERIES, RESEARCH AND TECHNOLOGY USE, RESORT ATTACHED DWELLINGS, RETAIL SALES AND SERVICES, AND VEHICLE SERVICE, AND ADDING DEFINITIONS FOR BEER GARDEN, FUNERAL HOMES, AND PRINT SHOPS; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City; and WHEREAS, the City of Clearwater has determined where the Community Development Code and Code of Ordinances needs clarification and revision; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, Zoning Districts, Chart 2-100, Permitted Uses, Community Development Code be amended to read as follows: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes X X X X X X X X Detached dwellings X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Nonresidential Adult uses X X Airport X Alcoholic beverage sales X X X Animal boarding X X X Assisted living facilities X X X X Automobile service stations X X Bars X X X X Brewpubs X X X Cemeteries X Community gardens X X X X X X X X Comprehensive infill redevelopment project (CIRP) X X X X X X X 3 Congregate care X X X X Convention center X Educational facilities X X X X Environmental park X Funeral homes X X X Governmental uses X X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment X X X X Light assembly X Manufacturing X Marinas X Marinas and marina facilities X X X X Medical clinic X X X X Microbreweries X X X Mixed use X X X X Nightclubs X X X X Non-residential off-street parking X X X X Nursing homes X X X X Offices X X X X X X Off-street parking X X Open space X Outdoor recreation/entertainment X X X X Outdoor storage X Overnight accommodations X X X X X X X X Parking garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Planned medical campus X Planned medical campus project X Problematic uses X Public facility X X Publishing and printing X Public transportation facilities X X X X X X X Research and technology use X Residential shelters X X Resort Attached Dwellings X Restaurants X X X X X X Retail plazas X X X Retail sales and services X X X X X X X X RV parks X Salvage yards X Schools X X X X X X X X Self-storage warehouse X X 4 Social and community centers X X X X Social/public service agencies X X X X Telecommunications towers X X X X X TV/radio studios X X Urban farms X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X Wholesale/distribution/warehouse facility X Section 2. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2 - 702, Minimum Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Table 2-702. "C" District Minimum Development Standards Use Min. Lot Area (sq. ft) Min. Lot Width (ft.) Max. Height (ft.) Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street Parking Spaces Community Gardens n/a n/a n/a 15 5 5 n/a Funeral Homes 10,000 100 25 25 10 20 0.25 per seat Governmental Uses (1) 10,000 100 25 25 10 20 4/1,000 SF GFA Indoor Recreation/ Entertainment 10,000 100 25 25 10 20 5/1000 SF GFA or 5/lane, 2/court or 1/machine Medical Clinic (1) 10,000 100 25 25 10 20 5/1,000 GFA Mixed Use 10,000 100 25 25 10 20 Based upon specific use requirements Offices 10,000 100 25 25 10 20 3/1,000 SF GFA Overnight Accommodations 40,000 200 25 25 10 20 1/unit Parks and Recreational Facilities n/a n/a 25 25 10 20 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards 5 Places of Worship 40,000 200 25 25 10 20 1 per 2 seats Restaurants 10,000 100 25 25 10 20 12/1,000 SF GFA Retail Plazas (2) 15,000 100 25 25 10 20 4/1,000 SF GFA Retail Sales and Services 10,000 100 25 25 10 20 5/1,000 SF GFA Social and Community Centers 10,000 100 25 25 10 20 5/1,000 SF GFA Vehicle Sales/Display 40,000 200 25 25 10 20 2.5/1,000 SF Lot Sales Area Veterinary Offices 10,000 100 25 25 10 20 4 spaces per 1,000 GFA (1) Governmental uses and medical clinics shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Restaurants within the retail plaza may occupy up to 25 percent of the total gross floor area of the retail plaza. Any restaurant, or fraction thereof, that exceeds 25 percent must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. Section 3. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2 - 703, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Table 2-703. "C" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft) Min. Lot Width (ft.) Max. Height (ft.) Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street Parking Spaces Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 space per unit Adult Uses 5,000 50 25 25 10 20 5 per 1,000 GFA Alcoholic Beverage Sales 10,000 100 25 25 10 20 5 per 1,000 GFA Automobile Service Stations 10,000 100 25 25 10 20 5/1,000 SF GFA Bars 10,000 100 25 25 10 20 10 per 1,000 GFA Brewpubs 3,500— 10,000 30—100 25—50 25 0—10 10— 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Educational Facilities(1) 40,000 200 25 25 10 20 1 per 2 students 6 Funeral Homes 3,500— 10,000 30—100 25—50 25 0—10 10— 20 0.25 per seat Governmental Uses(1) 10,000 100 25—50 25 10 20 4 spaces per 1,000 GFA Indoor Recreation/Entertainment 5,000— 10,000 50—100 25 25 10 20 3—5/1000 SF GFA or 3— 5/lane, 1— 2/court or 1/machine Medical Clinics(1) 10,000 100 25 - 50 25 0 - 10 10 - 20 3 - 5/1,000 GFA Microbreweries 3,500 - 10,000 30 - 100 25 - 50 25 0 - 10 10 - 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Mixed Use 5,000— 10,000 50—100 25—50 25 0—10 10— 20 Based upon specific use requirements Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices 3,500— 10,000 30—100 25—50 25 0—10 10— 20 3/1,000 SF GFA Off-Street Parking 10,000 100 n/a 25 10 20 n/a Outdoor Retail Sales, Display and/or Storage 20,000 100 25 25 10 20 5 per 1,000 SF of outdoor display area Overnight Accommodations 20,000— 40,000 150— 200 25—50 25 0—10 10— 20 1 per unit Places of Worship(2) 20,000— 40,000 100— 200 25—50 25 10 20 .5-1 per 2 seats Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a Restaurants 3,500— 10,000 30—100 25—50 25 0—10 10— 20 7—12 spaces per 1,000 GFA Retail Plazas 15,000 100 25—50 25 0—10 10— 20 4 spaces per 1,000 GFA Retail Sales and Services 3,500— 10,000 30—100 25—50 25 0—10 10— 20 4—5 spaces per 1,000 GFA Schools (5) 40,000 200 25 25 0—10 10— 20 1 per 3 students Social and Community Centers (1) 3,500— 10,000 35—100 25—35 25 0—10 10— 20 4—5 spaces per 1,000 GFA Utility/Infrastructure Facilities(4) n/a n/a 20 25 10 20 n/a Vehicle Sales/Displays 20,000— 40,000 150— 200 25 25 10 20 2.5 spaces per 1,000 of lot sales area Veterinary Offices 5,000— 10,000 50— 100 25 15— 25 0— 10 10— 20 4 spaces per 1,000 GFA * * * * * * * * * * H. Funeral homes. 7 1. Lot area and/or width: The reduction shall not result in a building which is out of scale with existing buildings in the immediate vicinity; 2. Height: The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; 3. Side and/or rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and/or rear setback does not reduce the amount of landscaped area otherwise required. * * * * * * * * * * JK. Medical clinics. 1. The use and design of the parcel proposed for development is compatible with the surrounding area. 1. Side and/or rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and/or rear setback does not reduce the amount of landscaped area otherwise required. 2. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 3. Height: The increased height results in an improved site plan or improved design or appearance. * * * * * * * * * * Section 4. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-802, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Table 2-802. "T" District Flexible Standard Development Standards Use1 Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height1 (ft.) Min. Setbacks (ft.) 1 Min. Off-Street Parking Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Alcoholic Beverage Sales 5,000 50 35 10— 15 10 20 5 per 1,000 GFA Attached Dwellings(6) 10,000 100 35—50 10— 15 10 10— 20 2 per unit Bars 5,000 50 35 15 10 20 10 per 1,000 GFA 8 Brewpubs 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Governmental Uses(2) 10,000 100 35—50 10— 15 0—10 10— 20 3—4/1,000 GFA Indoor Recreation/Entertainment 5,000 50 35—50 0—15 0—10 20 10 per 1,000 GFA Medical Clinic 10,000 100 35—50 10— 15 10 20 5/1,000 GFA Mixed Use 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 Based upon specific use requirements Nightclubs 5,000 50 35 15 10 20 10 per 1,000 GFA Non-Residential Off-Street Parking (7) n/a n/a n/a 25 5 10 n/a Offices 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 3/1,000 SF GFA Outdoor Recreation/Entertainment 5,000 50 35 10— 15 10 20 2.5 spaces per 1,000 sq. ft. of lot area or as determined by the community development director based on ITE Manual standards Overnight Accommodations 20,000 100— 150 35—50 10— 15 0—10 10— 20 1.2 per unit Parking Garages and Lots 20,000 100 50 15— 25 10 10— 20 n/a Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a Resort Attached Dwellings(6) 10,000 100 35—50 10— 15 10 10— 20 1.5 per unit Restaurants 5,000— 10,000 50—100 35—50 0—15 0—10 10— 20 7—12 spaces per 1,000 GFA(5) Retail Plazas 15,000 100 35—50 0—15 0—10 10— 20 4 spaces per 1,000 GFA Retail Sales and Services 5,000— 10,000 50—100 35 - 50 0—15 0—10 10— 20 4—5 spaces per 1,000 GFA(5) Social and Community Center 5,000— 10,000 50—100 35—50 10— 15 0—10 10— 20 4—5 spaces per 1,000 GFA 9 Utility/Infrastructure Facilities(4) n/a n/a n/a 25 10 10 n/a (1) Specific use, height, setback and parking standards set forth in Section II., Future Land Use (Character Districts) and height standards and Coronado and Hamden Drives setback/stepback standards set forth in Section IV., Design Guidelines, of Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, shall supersede these standards. * * * * * * * * * * (7) Non-residential parking lots shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to the appropriate land use category. * * * * * * * * * * H. Medical clinic. 1. The use of the parcel proposed for development is compatible with surrounding properties. 2. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 31. Front setback: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 42. Height: The increased height results in an improved site plan or improved design or appearance. * * * * * * * * * * K. Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non-residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located immediately across a public road from the non- residential use which will be served by the off-street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the T District or within ten feet, whichever is greater, or within ten feet of a side or rear lot line, except along the common boundary of the 10 parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least four feet in height which is landscaped on the external side with a continuous hedge or non- deciduous vine. 4. All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5. All parking spaces shall be surface parking. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. * * * * * * * * * * RQ. Resort attached dwellings. 1. Height: a. The increased height results in an improved site plan or improved design and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building.; c. The increased height does not exceed the height specified for residential uses for the Beach by Design character district in which the subject property is located. * * * * * * * * * * Section 5. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2-803, Flexible Development, Community Development Code be amended to read as follows: * * * * * * * * * * L. Resort attached dwellings. * * * * * * * * * * 2. Height: a. The increased height results in an improved site plan or improved design and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building.; c. The increased height does not exceed the height specified for residential uses for the Beach by Design character district in which the subject property is located. * * * * * * * * * * Section 6. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2- 902, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Table 2-902. "D" Flexible Standard Development Standards Use Max. Height (ft.) Min. Off-Street Parking Accessory Dwellings n/a n/a 11 Alcoholic Beverage Sales 30—50 3—5 per 1,000 GFA Attached Dwellings 30—50 1-1.5 per unit Bars 30—50 3—10 per 1,000 GFA Brewpubs 30 -50 1/1,000 GFA dedicated to brewery operations and support services; and 5-10/1,000 GFA for all other use area (1) Community Gardens n/a n/a Convention Center 30—50 5 per 1,000 GFA Indoor Recreation/Entertainment Facility 30—50 3—5 per 1,000 GFA(1) Microbreweries 30—50 1/1,000 GFA dedicated to brewery operations and support services; and 5-10/1,000 GFA for all other use area (1) Mixed Use 30—50 Based upon specific use requirements Nightclubs 30—50 3—10 per 1,000 GFA Offices 30—50 1—3 per 1,000 GFA(1) Overnight Accommodations 30—50 .75—1 per unit Parking Garages and Lots 50 n/a Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community development coordinator based on ITE Manual standards Places of Worship 30—50 .5—1 per 2 seats Public Transportation Facilities 10 n/a Restaurants 30—50 5—10 per 1,000 GFA(1) Retail Plazas 30—50 4 per 1,000 GFA Retail Sales and Service 30—50 2—4 per 1,000 GFA(1) Social and Community Centers 30—50 2—4 per 1,000 GFA Utility/Infrastructure Facilities n/a n/a * * * * * * * * * * I. Microbreweries. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. No more than 75 percent of the total gross floor area shall be used for the brewery function including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks; 3. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. 4. Off-street parking: a. Adequate off-street parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and 12 committed parking facilities or the shared parking formula in Article 2, Division 14; or b. The reduction in off-street parking is justified by the reasonably anticipated automobile usage of visitors to the subject property; and c. That there is access to mass transit within 1,000 feet of the subject property. 5. The design of all accessory buildings complies with the Downtown District design guidelines in Division 5 of Article 3. * * * * * * * * * * Section 7. That Article 2, Zoning Districts, Division 10, Office District, Section 2 - 1002, Minimum Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Table 2-1002. “O” District Minimum Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Setbacks (ft.) Min. Off-Street Parking Front Side Rear Funeral Homes 10,000 100 30 25 10 20 0.25 per seat Medical Clinic 10,000 100 30 25 10 20 5/1,000 GFA Offices 10,000 100 30 25 10 20 3/1,000 sq. ft. GFA Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF land area or as determined by the community development director based on ITE Manual standards Places of Worship (1) 40,000 200 30 35 20 20 1 per 2 seats Schools 40,000 200 30 35 20 20 1/3 students * * * * * * * * * * Section 8. That Article 2, Zoning Districts, Division 10, Office District, Section 2 - 1003, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Table 2-1003. “O” District Flexible Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Setbacks (ft.) Min. Off-Street Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Community Residential Homes 6,000 60 30 25 10 10 1 per 2 residents Educational Facilities 3,500 50 30-50 25 10 20 2-3/1,000 GFA Funeral Homes 3,500- 10,000 50-100 30-50 15-25 10 10-20 0.25 per seat Medical Clinic 20,000 10,000 100 30-50 3515- 25 20 10 10-20 5/1,000 GFA Nursing Homes 20,000 100 30 35 20 20 1 per 2 residents 13 Offices 3,500- 10,000 50-100 30-50 15-25 10 10-20 2-3/1,000 sq. ft. GFA Off-Street Parking 3,500 50 n/a 25 10 20 n/a Places of Worship (1) 20,000- 40,000 100-200 30-50 25-35 10-20 10-20 1 per 2 seats Public Transportation Facilities(2) n/a n/a 10 n/a n/a n/a n/a Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and Service n/a n/a n/a n/a n/a n/a n/a TV/Radio Studios 40,000 200 35 35 20 20 5/1,000 GFA Utility/Infrastructure Facilities(3) n/a n/a n/a 35 20 20 n/a Veterinary Offices 5,000 50 30 25 10 20 4/1000 GFA * * * * * * * * * * D. Funeral homes. 1. Lot area and/or width: The reduction shall not result in a building which is out of scale with existing buildings in the immediate vicinity; 2. Height: The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; 3. Side and/or rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and/or rear setback does not reduce the amount of landscaped area otherwise required. DE. Medical clinic. 1. The use of the parcel proposed for development is compatible with surrounding properties. 2. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. 1. Height: The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; 2. Front and/or rear setback: The reduction in front and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and/or results in landscaping in excess of the minimum required. * * * * * * * * * * Section 9. That Article 2, Zoning Districts, Division 10, Office District, Section 2 - 1004, Flexible Development, Community Development Code be amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Table 2-1004. “O” District Flexible Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Setbacks (ft.) Min. Off-Street Parking Front Side Rear Comprehensive Infill Redevelopment Project n/a n/a n/a n/a n/a n/a Determined by the community 14 development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30—50 15— 35 10— 20 10— 20 5/1,000 GFA Mixed Use 3,500 50 30—80 15— 35 10— 20 10— 20 Based upon specific use requirements Nursing Homes 20,000 100 30—50 15— 35 10— 20 10— 20 1 per 2 residents Telecommunication Towers 10,000 100 Refer to Section 3-2001 25 10 20 n/a TV Radio Studios 20,000— 40,000 100— 200 35—80 15— 35 10— 20 10— 20 3—5/1,000 GFA * * * * * * * * * * B. Medical clinic: 1. The use of the parcel proposed for development is compatible with the surrounding area. 2. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. 3. Height: The increased height results in an improved site plan or improved design and appearance. 4. Sign: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 5. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 6. Side and rear setbacks: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles. b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance and landscaping in excess of the minimum required. * * * * * * * * * * Section 10. That Article 2, Zoning Districts, Division 12, Institutional District, Section 2-1202, Minimum Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Table 2-1202. "I" District Minimum Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Assisted Living Facilities 20,000 100 25 10 20 50 1 per 2 residents 15 Cemeteries 20,000 100 25 10 20 50 n/a Community Gardens n/a n/a 15 5 5 n/a n/a Congregate Care 20,000 100 25 10 20 50 1 per 2 residents Educational Facilities 40,000 200 25 10 20 50 1 per 2 students Funeral Homes 20,000 100 25 10 20 50 0.25 per seat Governmental Uses 20,000 100 25 10 20 50 4 per 1,000 SF GFA Hospitals 5 acres 250 25 25 25 50 2/bed Medical Clinic 10,000 100 25 10 20 50 5 per 1,000 SF GFA Nursing Homes 20,000 100 25 10 20 50 1 per 2 residents Places of Worship 20,000 100 25 10 20 50 1 per 2 seats Parks and Recreation Facilities n/a n/a 25 10 20 50 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Schools 40,000 200 25 10 20 50 1 per 3 students * * * * * * * * * * Section 11. That Article 2, Zoning Districts, Division 12, Institutional District, Section 2-1203, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Table 2-1203. "I" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 15—25 10 15—20 50 0.5—1 per 2 students Funeral Homes 15,000- 20,000 100 15-25 10 15-20 50 0.25 per seat Halfway Houses 10,000 100 15—25 10 15—20 30 1 per 2 residents Hospitals 1—5 acres 100—250 15—25 10—25 15—25 50 1—2/bed Medical Clinic 20,000 100 15—25 10 15 - 20 30 50 5/1000 SF 16 10,000 Parking Garages and Lots 20,000 100 15—25 10 15—20 50 n/a Places of Worship 20,000 100 15—25 10 15—20 50 0.5—1 per 2 seats Planned Medical Campus Project Based upon approved Planned Medical Campus Public Transportation Facilities n/a n/a n/a n/a n/a 10 n/a Residential Shelters 10,000 100 15—25 10 15—20 30 1 per 2 residents Retail Sales and Service 10,000 100 15—25 10 15—20 50 5 per 1,000 SF GFA Utility/Infrastructure Facilities(1) n/a n/a 15—25 10 15—20 n/a n/a Assisted Living Facilities 15,000— 20,000 100 25 5-10 10-20 50 1 per 2 residents Nursing Homes 15,000- 20,000 100—150 25 5-10 15-20 50 1 per 2 residents Social and Community Centers 20,000 100 15—25 10 15—20 30—40 50 4—5 per 1,000 GFA Congregate Care 20,000 100 25 5-10 10-20 50 1 per 2 residents * * * * * * * * * * D. Funeral homes. 1. Lot area: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 2. Front and/or rear setback: The reduction in front and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and/or results in landscaping in excess of the minimum required. * * * * * * * * * * EF. Hospitals. * * * * * * * * * * 4. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes. * * * * * * * * * * FG. Medical clinic. 1. The use of the parcel proposed for development is compatible with the surrounding area. 21. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 32. Side and/or rear Rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or 17 more efficient design and appearance and results in landscaping in excess of the minimum required. 4. All waste disposal containers which serve the proposed use are located within a landscaped enclosed structure. * * * * * * * * * * NO. Assisted living facilities. * * * * * * * * * * 6. Lot area: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 7. Side and/or rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. OP. Nursing homes. * * * * * * * * * * 3. Lot area and/or lot width: The reduction in lot area and/or lot width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 4. Side and/or rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. PQ. Social and community centers. * * * * * * * * * * 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance; 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. 2. Front and/or rear setback: The reduction in front and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and/or results in landscaping in excess of the minimum required. 3. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. QR. Congregate care. * * * * * * * * * * 5. Side and/or rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more 18 efficient design and appearance and results in landscaping in excess of the minimum required. * * * * * * * * * * Section 12. That Article 2, Zoning Districts, Division 12, Institutional District, Section 2-1204, Flexible Development, Community Development Code be amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Table 2-1204. "I" District Flexible Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Comprehensive Infill Redevelopment Project n/a n/a n/a n/a n/a n/a Determined by the community development coordinator based on the specific use and/or ITE Manual standards Marinas and Marina Facilities 5,000 50 15—25 10—15 0—20 30 1 per 2 slips Planned Medical Campus 50 acres 250 25 25 25 60—110 Determined by the community development coordinator based on the specific use and/or ITE Manual standards Social and Community Centers 20,000 100 15—25 10 15—20 50 4—5 per 1000 GFA Social/Public Service Agencies 10,000— 20,000 100 15—25 10 15—20 50 2—3 per 1,000 GFA Telecommunication Towers 10,000 100 25 10 20 Refer to Section 3-2001 n/a * * * * * * * * * * D. Social and community centers. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. ED. Social/public service agencies. 19 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. The social/public agency shall not be located within 1,500 feet of another social/public service agency. 3. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 4. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. 3. Lot area: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 4. Front and/or rear setback: The reduction in front and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and/or results in landscaping in excess of the minimum required. 5. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. * * * * * * * * * * Section 13. That Article 3, Development Standards, Division 9, General Applicability Standards, Section 3-909, Outdoor Cafés Located Within Public Right(s)-of-Way, Community Development Code be amended to read as follows: * * * * * * * * * * A. Applicability. (i.) A restaurant or (ii.) a take-out food establishment with no indoor seating may establish an outdoor café and shall be exempt from parking requirements. A. Applicability. A bar, brewpub, indoor recreation/entertainment facility, microbrewery, nightclub, restaurant, take-out food establishment with no indoor seating, or other use which includes the sale and or consumption of food or drink as determined by the Community Development Coordinator, may establish an outdoor café. Outdoor cafés shall be exempt from parking requirements. 1. Outdoor cafés are allowed only in/on: a. The Downtown District; b. Those properties located in the Commercial District subject to the Clearwater Downtown Redevelopment Plan; c. Those properties located in the Tourist District on Clearwater Beach; and d. The east side of that area known as Beach Walk as existing on the east side of Gulfview Boulevard between the northerly terminus of Beachwalk south of the Gulfview/Coronado confluence and the southern terminus of Beach Walk approximately 330 feet south of Fifth Street and as located within the Beach Walk District as provided in Beach by Design and further 20 located in the Open Space/Recreation [OS/R] District on Clearwater Beach provided the outdoor café is in conjunction with a permitted restaurant in the adjacent Tourist District. 2. Special provisions of this section apply to outdoor cafés located within the Cleveland Street Café District. B. Application process. The community development coordinator shall review all outdoor cafés as an allowable encroachment into the public right(s)-of-way subject to compliance with the location, design and operational requirements below. C. Location and design requirements. 1. Outdoor cafés are restricted to the sidewalk frontage of the subject business applying for a permit, except that outdoor cafés located within the Cleveland Street Café District may extend the linear distance of any adjacent business frontage, in accordance with the provisions of section 3-909.D.10. 2. A minimum of one unobstructed pedestrian path at least five feet wide shall be maintained at all times. Within the Cleveland Street Café District the path shall abut the building façade. 2. Outdoor cafés shall be located in a manner that promotes efficient and direct pedestrian movement: a. An unobstructed pedestrian path at least five feet wide shall be maintained at all times. b. Within the Cleveland Street Café District the pedestrian path shall be maintained parallel to the abutting business. c. An unobstructed passage shall be provided to building entrances which shall include at least two feet of clearance on each side of all entrances. d. The community development coordinator may require a wider pedestrian path than established above, and/or that the pedestrian path is delineated by those means set forth in subsection 7, below. e. Failure to comply with any of the above requirements may result in the revocation of the outdoor café permit pursuant to Section 3-909.E.4. 3. All furnishings shall be of good design and made of quality materials. 4. No tables, chairs or any other furnishing or item shall be chained or attached to any building, sidewalk, tree, post, sign or other fixture. 5. No furniture shall be permitted within the sight visibility triangle as required by the Community Development Code. Furniture shall not be placed within four feet of bus stops, telephone booths, fire hydrants, or counter service windows or within two feet of any entrances and/or exits. 6. Outdoor cafes pursuant to Section 3-909.A.1.d, above, are restricted to sidewalk frontage of the subject business applying for a permit and may extend no more than 25 feet from the façade of the subject business. Under no circumstances may any portion of an outdoor café extend into or obstruct any portion of the main pedestrian thoroughfare (promenade) of Beach Walk. In addition, access to outdoor cafés from the public right-of-way shall be limited to no more than one entranceway. The perimeter of outdoor cafés shall be clearly delineated through 21 the use of self-supporting fencing and/or landscape planters and/or other such devices and methods as presented to and approved by the city. 7. The perimeter of outdoor cafés may be defined through the use of self-supporting fencing, landscape planters, or other such devices and methods as presented to and approved by the city. 78. Any area in which an outdoor café is permitted shall be clearly delineated on a drawing accurately depicting the area and specifically delineating where alcohol beverage sales are intended to occur. Such a drawing shall be submitted to and approved by the city as part of a Minimum, Flexible Standard or Flexible Development application Level One approval, as applicable. * * * * * * * * * * E. Revocation of permit. Upon revocation of a permit, the community development coordinator shall give written notice of such action by certified mail, return receipt requested, to the permittee at the address listed on the application, stating the reason(s) for revocation. The revocation shall become effective 15 days following mailing of the notice if not appealed as provided in section 4-501A. The community development coordinator may revoke a permit for any outdoor café if it is found that: 1. Any necessary business or health permit has been suspended or revoked; or 2. Changing conditions of pedestrian or vehicular traffic cause congestion necessitating the removal of the outdoor café. Such decision shall be based upon findings of the community development coordinator, after consulting with the city engineer, that the existing conditions represent a danger to the health, safety or general welfare of the public and cannot be resolved through modification to the outdoor café layout; or 3. The outdoor café operator fails to comply with one or more requirements of the permit. 4. The outdoor café is deemed to be a threat to public safety, in which case the permit may be revoked immediately without notice or compliance with the requirements described above. 5. The outdoor café is deemed by the city to not be in the city's or the public's best interest, no longer meets the purpose and/or intent of the zoning district or any applicable overlay/special area plan and/or is simply no longer a desired use/activity. Section 14. That Article 3, Development Standards, Division 12, Landscaping/Tree Protection, Section 3-1202, General Landscaping Standards, Community Development Code be amended to read as follows: Section 3-1202. - General landscaping standards. A. Applicability. * * * * * * * * * * 22 3. Existing developed lots. Existing lots not meeting the requirements contained in this section division shall be brought into full compliance under one or more of the following conditions: * * * * * * * * * * Section 15. That Article 3, Development Standards, Division 14, Parking and Loading, Section 3-1401, Parking, Community Development Code be amended to read as follows: Section 3-1401. - Parking. * * * * * * * * * * B. Applicability. * * * * * * * * * * 3. Existing parking lots. Existing parking lots not meeting the requirements contained in this section division shall be brought into full compliance under one or more of the following conditions: * * * * * * * * * * Section 16. That Article 3, Development Standards, Division 14, Parking and Loading, Section 3-1406, Off-Street Loading and Vehicle Stacking Spaces, Community Development Code be amended to read as follows: Section 3-1406. - Off-street loading and vehicle stacking spaces. A. Off-street loading: * * * * * * * * * * 2. Guidelines: The following table sets forth the guidelines to be used in determining the adequacy of off-street loading for all proposed development, except for such development within the Downtown (D) District and those portions of the Tourist (T) districts District located on Clearwater Beach where such facilities are not required: * * * * * * * * * * Section 17. That Article 5, Decisionmaking and Administrative Bodies, Section 5-302, Development Review Committee, Community Development Code be amended to read as follows: Section 5-302. - Responsibilities/procedures. All applications for development approval shall be reviewed by the development review committee. The committee shall make a recommendation in regard to applications for development approval to the community development coordinator, who provide technical support to project applicants, as well as providing a determination of sufficiency of an application. The community development coordinator shall make the final decision, in the case of level one approvals, or submit a staff recommendation in the case of level two or level three approvals. * * * * * * * * * * 23 Section 18. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, Community Development Code be amended to read as follows: * * * * * * * * * * Beer garden means an open air, roofed or unroofed area accessory to a microbrewery, where beer and/or other alcoholic beverages are served or consumed. * * * * * * * * * * Brewpubs means establishments that are primarily a restaurant or bar, but which include the brewing of beer as an accessory use. A brew pub produces only enough beer for consumption on the premises or for retail carryout sale in containers commonly referred to as growlers, which hold no more than a U.S. gallon (3,785 ml/128 US fluid ounces) which is an individual container that holds 32, 64, or 128 ounces. Brewpubs may sell beer in an unlimited number of keg containers larger than a U.S. gallon for special events, the primary purpose of which is the exposition of beers brewed by brewpubs and microbreweries, which include the participation of at least three such brewers; and for City co-sponsored events where the purpose of the event is not for commercial profit and where the beer is not wholesaled to the event co-sponsors but is instead, dispensed by employees of the brewpub. * * * * * * * * * * Dwellings, resort attached means a dwelling unit an attached dwelling use located in the Tourist (T) zoning district that shares one or more common walls with at least one other dwelling unit and the occupancy of which may occur or which may be offered or advertised as being available for any term. * * * * * * * * * * Funeral homes means a facility used for the preparation of the deceased for burial or interment, and ceremonies connected therewith before burial or cremation. The use may include the storage and sale of caskets, funeral urns, and other related funeral supplies and the storage of funeral vehicles. * * * * * * * * * * Light assembly means a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of such products. The use shall not include or allow for any exterior storage or processing of equipment or materials of any kind. A light assembly use shall not create any sound, odor, or other negative impacts from the outside of the building. Light assembly means a use engaged in the manufacture of products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales, and distribution of such products, occurring entirely within enclosed buildings. This use shall not include or allow for any exterior storage or processing of equipment or materials of any kind. Noise, odor, smoke, heat, glare, vibration, hazardous chemicals, and other impacts must be entirely contained within enclosed buildings. * * * * * * * * * * Manufacturing means the mechanical or chemical transformation of materials or substances into new products, including the assembly or component parts, and the production or refining of goods, materials, or substances into new products, including the assembly or component parts, 24 and the production or refining of goods, materials, or foodstuffs, but not including research and technology production uses. Manufacturing means a use engaged in the manufacture of products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales, and distribution of such products. This use may include or allow for exterior storage of equipment or materials, provided that impacts are contained on‐site and do not negatively affect adjacent land uses. * * * * * * * * * * Medical clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of healing or health-building services to individuals, the practice of which is lawful in the state and in the city State of Florida. This definition does not include a place for the treatment of animals nor does it include psychologists, social workers, massage therapists, and physical therapists. * * * * * * * * * * Microbreweries means establishments that are primarily a brewery, which produce no more than 15,000 barrels (465,000 U.S. gallons/17,602.16 hectoliters) of beer per year, and includes either a restaurant, bar or taproom as an accessory use. A microbrewery may also include a beer garden as an accessory use. Microbreweries sell to the general public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and, directly to the consumer for consumption on the premises or for retail carryout sale. For the purposes of this Code micro-distilleries and micro-wineries shall constitute a microbrewery. * * * * * * * * * * Print shops means a small-scale retail establishment that provides production services for construction documents and plans, copies, flyers, maps, newsletters, resumes, and similar items, as well as small-scale 3D printing. * * * * * * * * * * Research and technology use means a use such as medical, optical and scientific research facilities, clinics and laboratories, pharmaceutical compounding and photographic processing facilities and facilities for the assembly of electronic components, optical equipment, and precision instruments or laboratories or buildings the primary use of which is the research, testing and development of goods, materials, foodstuffs or products. Research and technology use means a use engaged in the research, testing, and development of goods, materials, or products, occurring entirely within enclosed buildings. Manufacturing uses conducted on the premises shall be limited to those needed for experimental or testing purposes. Research and technology uses may include the exterior storage of materials and equipment subject to those applicable provisions of this Code. * * * * * * * * * * Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, animal grooming, funeral homes print shops, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off -premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic 25 beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. * * * * * * * * * * Vehicle service means an activity conducted entirely within an enclosed structure primarily involved in servicing or repairing of automobiles, motorcycles, trucks, boats, recreational vehicles and other similarly sized vehicular or transport mechanisms or heavy machinery. Vehicle services include washing, waxing, changing oil, tuning, installing tires, mufflers or detailing, window tinting, shock absorbers, and painting. * * * * * * * * * * Section 19. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 20. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 21. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 22. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 23. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ____________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: REZ2015-08001 Agenda Date: 12/17/2015 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Office (O) District for property located at 2727 Daniel Street; and pass Ordinance 8787-16 on first reading. (REZ2015-08001) SUMMARY: This Zoning Atlas Amendment application involves a 0.209 acre parcel located on the southeast corner of Daniel Street and Charles Avenue, approximately 415 feet west of McMullen Booth Road. The parcel is currently occupied by a vacant single family residence . The request is to amend the parcel ’s Zoning Atlas designation from the Low Medium Density Residential (LMDR) District to the Office (O) District, proposing to redevelop the site as an office. The applicant has also submitted two additional applications being processed concurrently with this case: 1.A Future Land Use Map amendment from the Residential Urban (RU) category to the Residential/Office General (R/OG) category (LUP2015-08002); and 2.A Flexible Development Application to redevelop the site as an office building (FLD2015-08032) which was approved by the Community Development Board November 17, 2015. The proposed Office (O) District will allow the site to be redeveloped as proposed with an office building and is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. This area is transitioning from single family residential to office uses, and the proposed Office (O) District will allow the site to redevelop as an office, which is in character with the office properties to the north, east and west of the subject site. The Planning and Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code; ·The proposed amendment is compatible with the surrounding property and character of the neighborhood; ·The available uses in the Office (O) District are compatible with the surrounding area; ·The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and ·The proposed Office (O) District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Page 1 City of Clearwater Printed on 12/17/2015 File Number: REZ2015-08001 The Community Development Board reviewed this application at its November 17, 2015 public hearing and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Ordinance No. 8787-16 ORDINANCE NO. 8787-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF DANIEL STREET AND CHARLES AVENUE, APPROXIMATELY 415 FEET WEST OF MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 2727 DANIEL STREET, CLEARWATER, FLORIDA 33767, AS OFFICE (O); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit A 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, subject to the approval of the land use designation set forth in Ordinance 8786-16 by the Pinellas County Board of County Commissioners. Property Zoning District Lot 1, Block 4, Acker’s Subdivision, according to the map or plat thereof as recorded in Plat Book 30, Page 91, of the Public Records of Pinellas County, Florida From: Low Medium Density Residential (LMDR) To: Office (O) (REZ2015-08001) Ordinance No. 8787-16 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 ZONING MAP Owner(s): Richard Heiden Case: REZ2015-08001 Site: 2727 Daniel Street Property Size(Acres): ROW (Acres): 0.209 Land Use Zoning PIN: 28-28-16-00036-004-0010 From : RU LMDR Atlas Page: 212A To: R/OG O SR 580 DANIEL ST CHARLES AV E McMULLEN-BOOTH RD ALLEN AVE I O O MHDR O C LMDR LMDR LMDR 2750 268231122753 2667 2656 2678 2 7 37 2 74 5 26762715273 3 2673 266227 2 927 6 0265227612719 2 75 92680 2679 273 52674 27 55 309027 452 73 02758 2730 2 7 20 2664 2666 2754 273 62660 2 7 34 30702 7 23 3060262727 2 6 8 5 3050-Not to Scale--Not a Survey-Rev. 09/09/15 COUNTRYSIDE HIGH SCHOOL O LOCATION MAP Owner(s): Richard Heiden Case: REZ2015-08001 Site: 2727 Daniel Street Property Size(Acres): ROW (Acres): 0.209 Land Use Zoning PIN: 28-28-16-00036-004-0010 From : RU LMDR Atlas Page: 212A To: R/OG O ^ PROJECT SITE SR 580 DANIEL ST McMULLEN-BOOTH RD DIAMOND BLVD CHARLES AVE GARNET LN ALLEN AVE BURNTFORK DR PINE HILL DR C A S C A D E D R HAVERFORD DR KENILWICK DR SRUBY CIR ALLEN AVE -Not to Scale--Not a Survey-Rev. XX/XX/XX COUNTRYSIDE HIGH SCHOOL AERIAL MAP Owner(s): Richard Heiden Case: REZ2015-08001 Site: 2727 Daniel Street Property Size(Acres): ROW (Acres): 0.209 Land Use Zoning PIN: 28-28-16-00036-004-0010 From : RU LMDR Atlas Page: 212A To: R/OG O SR 580 SR 580 DANIEL ST DANIEL ST CHARLES AV E CHARLES AV E McMULLEN-BOOTH RD McMULLEN-BOOTH RD ALLEN AVE ALLEN AVE -Not to Scale--Not a Survey-Rev. 09/09/15 COUNTRYSIDECOUNTRYSIDE HIGHHIGH SCHOOLSCHOOL FUTURE LAND USE MAP Owner(s): Richard Heiden Case: REZ2015-08001 Site: 2727 Daniel Street Property Size(Acres): ROW (Acres): 0.209 Land Use Zoning PIN: 28-28-16-00036-004-0010 From : RU LMDR Atlas Page: 212A To: R/OG O I RH RU R/OG RU R/OG RU RU R/OG R/OG RU CG R/OG R/OG RU R/OG R/OG WATERSR 580 DANIEL ST CHARLES AVE McMULLEN-BOOTH RD ALLEN AVE 2750 268231123070 2667 2656 2678 2 7 3 7 2 7 4 5 2676 2 7 1 5 2 7 3 3 2673 2662 2 7 2 9 2 7 6 0 2652 2 7 6 1 2 7 5 9 2680 2679 2674 2 7 5 5 30902758 2730 2 6 8 5 2664 2666 2754 2 7 3 6 2660 2 7 3 4 ALLEN AV 2 7 5 3 2 7 2 3 2 7 1 9 30602 7 3 5 2 7 4 5 26 2 7 2 7 2 7 3 02 7 2 0 3050-Not to Scale--Not a Survey-Rev. 09/09/15 COUNTRYSIDE HIGH SCHOOL R/OG EXISTING SURROUNDING USE MAP Owner(s): Richard Heiden Case: REZ2015-08001 Site: 2727 Daniel Street Property Size(Acres): ROW (Acres): 0.209 Land Use Zoning PIN: 28-28-16-00036-004-0010 From : RU LMDR Atlas Page: 212A To: R/OG O 131(S) 207(S) 196(S) 146(S) 60 60606 0 1 2 2 1 2 3( S ) 1 1 2 1 2 3 ( S ) 1 2 0( S )1 3 0( S ) 1 2 3( S ) 179(S) 1 3 3( S )303000104 2 4 3 1 1 2 3 4 5 6 7 8 1314 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 1011 1 2 3 16171819 201 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 30133 133 1693094239 31 32 33 34 1SR 580 DANIEL ST CHARLES AVE ALLEN AV E 268231122 7 5 3 30702667 2656 2678 2 7 3 7 2 7 4 5 2676 2 7 2 3 2 7 1 5 2 7 3 3 2662 2 7 2 9 2 7 6 0 2652 2 7 6 1 2 7 1 9 2 7 5 9 26803060 2679 2 7 3 5 2674 2 7 5 5 30902 7 4 5 2 7 3 0 2758 2730 2 6 8 5 2 7 2 0 2664 2666 2754 2 7 3 6 2660 2 7 3 4 McMULLEN-BOOTH RD ALLEN AV 2750 2673 26 2 7 2 7 3050-Not to Scale--Not a Survey-Rev. 09/09/15 COUNTRYSIDE HIGH SCHOOL Multi Family Residential Office Single Family Residential Office/Commercial Office Office/Commercial View looking east at the subject property, 2727 Daniel Street Across the street, north of the subject property East of the subject property Across the street, west of the subject property View looking easterly along Charles StreetView looking westerly along Charles Street LUP2015-08002 & REZ2015-08001 Richard Heiden 2727 Daniel Street View looking easterly along Charles StreetView looking westerly along Charles Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: REZ2015-09003 Agenda Date: 12/17/2015 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the Tourist (T) District to the Commercial (C) District for property located at 26508 US Highway 19 North, and pass Ordinance 8788-16 on first reading. (REZ2015-09003) SUMMARY: This Zoning Atlas Amendment application involves a 3.35 acre parcel at 26508 US Highway 19 North located on the southwest corner of US Highway 19 North and Countryside Boulevard. The parcel is currently occupied by a vacant hotel and a vacant restaurant. The applicant is requesting to amend the parcel ’s Zoning Atlas designation from the Tourist (T) District to the Commercial (C) District. Both the current Tourist (T) District and the proposed Commercial (C) District are consistent with the underlying future land use map classification of Resort Facilities High (RFH), so no future land use map amendment is required. The owner of the parcel has proposed a retail plaza on the site, which has been approved by the Development Review Committee (DRC) in May and August of this year (cases FLS2015-04007 (Phase I) and FLS2015-06012 (Phase II), respectively). This property is within the proposed US 19 Corridor Regional Center boundaries, as approved by City Council in June 2015 (Resolution 15-02), and subsequently amended. The applicant is aware of the proposed map changes to the City ’s Future Land Use Map that are anticipated to be brought forward to City Council for consideration in 2016, but indicates that the proposed Commercial (C) District will provide more flexibility with respect to permitted uses, in the interim. The Planning and Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code; ·The proposed amendment is compatible with the surrounding property and character of the neighborhood; ·The available uses in the Commercial (C) District are compatible with the surrounding area; ·The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and ·The proposed Commercial (C) District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Page 1 City of Clearwater Printed on 12/17/2015 File Number: REZ2015-09003 The Community Development Board reviewed this application at its November 17, 2015 public hearing and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Ordinance No. 8788-16 ORDINANCE NO. 8788-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF US HIGHWAY 19 NORTH AND COUNTRYSIDE BOULEVARD, WHOSE POST OFFICE ADDRESS IS 26508 US HIGHWAY 19 NORTH, CLEARWATER, FLORIDA 33761, AS COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in the City of Clearwater, Florida, is hereby rezoned, 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. Property Zoning District See Exhibit A From: Tourist (T) To: Commercial (C) (REZ2015-09003) Ordinance No. 8788-16 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 7062144v1 EXHIBIT A LEGAL DESCRIPTION TRACT ONE: That part of Southwest 1/4 of Southeast 1/4 of Section 30, Township 28 South, Range 16 East, Pinellas County, Florida, described as follows: Commencing at the most Northerly corner of Lot 15, WOODGATE OF COUNTRYSIDE-UNIT ONE, as recordedinPlatBook70,pages13and14,PublicRecordsofPinellasCounty,Florida;thencerunbyacurveto the right, radius 1840 feet, arc 181.68 feet, chord North 41 degrees 47 minutes 54 seconds East, 181.60 feet, along the Southeasterly right of way line of Countryside Boulevard to a point of tangency; continue thence along said Southeasterly right of way line, North 53 degrees 51 minutes 32 seconds East, 823.17 feet for a POINT OF BEGINNING: Continue thence along said Southeasterly right of way line North 53 degrees 51 minutes 32 seconds East, 482.70 feet to the beginning of a tangent curve to the right, radius 25 feet, central angle 88 degrees 22 minutes 15 seconds; thence along the arc of said curve 38.56 feet to a point of reverse curve, said point also being on the Westerly right of way line of U.S. Highway #19, to the beginning of a tangent curve to the left, radius 2964.93 feet,centralangle5 degrees07 minutes42 seconds;thencealongthe arc of said curve and the Westerly right of way line of U.S, Highway #19, 265.38 feet to a point of tangency; thence South 42 degrees 53 minutes 54 seconds East, 60.33 feetalongsaid Westerlyrightof wayline of U.S. Highway#19;thencerunSouth53degrees51minutes32secondsWest,325feet;thenceSouth70degrees39 minutes23secondsWest,158.97feet;thenceSouth53degrees51minutes32secondsWest,57.01feet;thence North 36 degrees 08 minutes 28 seconds West, 302.84 feet to the Southeasterly right of way line of said Countryside Boulevard and the Point of Beginning. LESS AND EXCEPT THEREFROM THE TWO "OUT" PARCELS HEREINAFTER DESCRIBED: "OUT" PARCEL ONE: A parcel of land in Section 30, Township 28 South, Range 16 East, Pinellas County, Florida, said parcel of land being more specificallydescribed as follows: CommenceontheSoutherlyboundaryofSection30, Township28South,Range16Eastatapoint1275.00feetNorth89degrees35minutes37secondsEastofthe SouthwestcorneroftheSoutheast1/4 ofsaidSection30;runthenceNorth43degrees05minutes23seconds West 690.35 feet; thence South 53 degrees 40 minutes 03 seconds West 100.70 feet to a Point of Beginning; thence North 43 degrees 05 minutes 23 seconds West 60.33 feet to the beginning of a curve concave to the Northeasterlybayingaradiusof2964.79feet;thenceNorthwesterlyalongsaidcurve265.37feetthruacentral angle of 5 degrees 07 minutes 42 seconds to end of said curve and the beginning of a curve concave to the Southwesterlyhavingaradiusof25.00feet;thencefromatangentbearingofNorth37degrees57minutes41 seconds West run Northwesterlyalong said curve 38.56 feet thru a central angle of 88 degrees 22 minutes 16 seconds to the end of said curve; thence South 53 degrees 40 minutes 04 seconds West 79.40 feet to the beginningofacurveconcavetoSouthwesterlyhavingaradiusof62.00feet;thencefromatangentbearingof North53degrees40minutes04secondsEastrunNortheasterlyalongsaidcurve96.43feetthruacentralangle of 89 degrees 06 minutes 51 seconds to the end of said curve and the beginning of a curve concave to the Northwesterlyhavingaradiusof3276.97 feet;thencefromatangentbearingofSouth 37degrees13minutes 05 seconds East run Southeasterlyalong said curve 47.80 feet thru a centralangleof0 degrees30 minutes09 seconds to the end of said curve; thence South 40 degrees 31 minutes 31 seconds East 176.54 feet; thence 2 South43degrees05minutes23secondsEast64.33feet;thenceNorth53degrees40minutes03secondsEast 47.33 feet to the Point of Beginning, being the same and identical property which was taken by the State of Florida Department of Transportation in the Order of Taking recorded October 7, 1986, in O.R. Book 6333, Page 1679. "OUT" PARCEL TWO: A parcel of land in Section 30, Township 28 South, Range 16 East, Pinellas County, Florida, said parcel of land being more specifically described as follows: From the most Northerly corner of Lot 15, WOODGATEOFCOUNTRYSIDE,UNITONE,asubdivisionasrecordedinPlatBook70,pages13and 14,PublicRecordsofPinellasCounty,Florida,bearNortheasterlyalongacurvetotherighthavingacentral angleof5degrees39minutes26seconds,aradiusof1840.00feet,alongchordbearingofNorth41degrees 47minutes54secondsEastandalongchorddistanceof 181.60feet;thenceNorth53degrees51minutes32 seconds East along the Southeasterly right-of-way of Countryside Boulevard a distance of 742.93 feet; thencecontinueNorth53degrees51minutes32secondsEastalongsaidCountrysideBoulevardadistance of80.24feettothePOINTOFBEGINNING;thencecontinueNorth53degrees51minutes32secondsEast along said Countryside Boulevard a distance of 64.00 feet; South 35 degrees 30 minutes 15 secondsEasta distance of 178.04 feet; thence South 49 degrees 27 minutes 59 seconds West a distance of 62.13 feet; thence North 36 degrees 08 minutes 28 seconds West a distance of 182.82 feet to the POINT OF BEGINNING, being the same property which was conveyed to Bruce Levine and Joan Brown Levine by instrumentdatedDecember29,2000,andrecordedatO.R.Book11173,Page83,PublicRecordsofPinellas County, Florida. TOGETHER WITH TRACT TWO: TOGETHERWITHAPERPETUALNONEXCLUSIVEEASEMENTFORINGRESSANDEGRESS RECORDEDINO.R.BOOK13818,PAGE204,OVERTHEFOLLOWINGDESCRIBEDPROPERTY: The northeasterly 22.7 feet of the below described property: A parcel of land in Section 30, Township 28 South, Range 16 East, Pinellas County, Florida, said parcel of land being more specifically described as follows: From the most northerly corner of Lot 15, WOODGATE OF COUNTRYSIDE, UNIT ONE, a subdivision as recorded in Plat Book 70, pages 13 and 14,PublicRecordsofPinellasCounty,Florida,bearNortheasterlyalongacurveto therighthavinga central angle of 05° 39' 26", a radius of 1840.00 feet along chord bearing of North 41° 47' 54" East, and along chord distance of 181.60 feet; thence North 53° 51' 32" East along the Southeasterly right of way line of Countryside Boulevard, a distance of 742.93 feet; thence continue North 53° 51' 32" East along said Countryside Boulevard, a distance of 80.24 feet to the POINT OF BEGINNING; thence continue North 53 °51' 32" East along said CountrysideBoulevard,adistanceof64.00 feet;thenceSouth 35°30' 15" East a distance of 178.04 feet; thence South 49° 27' 59" West a distance of 62.13 feet; thence North 36° 08' 28" West, a distance of 182.82 feet to the POINT OF BEGINNING. Exhibit B ZONING MAP Owner(s): WPG Countryside LLC Case: REZ2015-09003 Site: 26508 US Highway 19 N Property Size(Acres): ROW (Acres): 3.346 Land Use Zoning PIN: 30-28-16-00000-430-0300 From : RFH T Atlas Page: 221B To: RFH C U S - 1 9 N E NT ERP RI S E RD W U S -1 9 F R O N T A G E R D E U S - 1 9 F R O N T A G E R D C O U N TR Y S ID E B LV D C O U N T R Y S ID E B L V D C O T OS/R MDR MDRLMDR 266 268 267 25212540 2538 2530 2505253924952 4 7 52565 2566253 52 5 1 5 2 5 3 6 25372 5 2 0 2525255524 75 2 4 6 9 2 5 0 6 25012 4 9 5 2674026338264172675026583264892662726286262562628626320&IRGTMTR26635Trf264 265 2531 2536 2534 2532 8649224 8 6 2 4 5 8 248526252265082 6 8 1 0 2519T raf2551TRAF-Not to Scale--Not a Survey-Rev. XX/XX/XX C LOCATION MAP Owner(s): WPG Countryside LLC Case: REZ2015-09003 Site: 26508 US Highway 19 N Property Size(Acres): ROW (Acres): 3.346 Land Use Zoning PIN: 30-28-16-00000-430-0300 From : RFH T Atlas Page: 221B To: RFH C ^ PROJECT SITE U S -1 9 NENTERPRISE RD E U S -1 9 F R O N T A G E R D W U S -1 9 F R O N T A G E R DVILLAGE DR C O U N TR YSID E BLVD MOORE HAVEN DR EC O U N T R Y S I D E B LV D -Not to Scale--Not a Survey-Rev. XX/XX/XX AERIAL MAP Owner(s): WPG Countryside LLC Case: REZ2015-09003 Site: 26508 US Highway 19 N Property Size(Acres): ROW (Acres): 3.346 Land Use Zoning PIN: 30-28-16-00000-430-0300 From : RFH T Atlas Page: 221B To: RFH C U S - 1 9 N U S - 1 9 N E NT ERPRI S E RD E NT ERPRI S E RD W U S -1 9 F R O N T A G E R DW U S -1 9 F R O N T A G E R D E U S - 1 9 F R O N T A G E R D E U S - 1 9 F R O N T A G E R D C O U N TR Y S ID E B LV D C O U N TR Y S ID E B LV D C O U N T R Y S ID E B L V D C O U N T R Y S ID E B L V D -Not to Scale--Not a Survey-Rev. 10/19/15 S:\Planning Department\C D B\Zoning Atlas Amendments\Active Cases\US Highway 19 N 26508 REZ2015-09003\Maps\REZ2015- 09003 Zoning.docx ZONING MAP Owner(s): WPG Countryside LLC Case: REZ2015-09003 Site: 26508 US Highway 19 N Property Size(Acres): ROW (Acres): 3.346 Land Use Zoning PIN: 30-28-16-00000-430-0300 From : RFH T Atlas Page: 221B To: RFH C U S - 1 9 N E NT ERP RI S E RD W U S -1 9 F R O N T A G E R D E U S - 1 9 F R O N T A G E R D C O U N TR Y S ID E B LV D C O U N T R Y S ID E B L V D C O T OS/R MDR MDRLMDR 266 268 267 25212540 2538 2530 2505253924952 4 7 52565 2566253 52 5 1 5 2 5 3 6 25372 5 2 0 2525255524 75 2 4 6 9 2 5 0 6 25012 4 9 5 2674026338264172675026583264892662726286262562628626320&IRGTMTR26635Trf264 265 2531 2536 2534 2532 8649224 8 6 2 4 5 8 248526252265082 6 8 1 0 2519T raf2551TRAF-Not to Scale--Not a Survey-Rev. XX/XX/XX C 6080120120 2501203 2 0 3 0 6 3 068 0 28530031031018651 57 58 59 60 61 62 1 2 7 8 1.61 4 1.18 3.36 2.38 9 43/01 34/02 43/02 34/04 34/05 4 3/0 4 43/05 43/03 43/11 43/12 31/05 3.44 34/01 8029094130 94143 74285 94099 173 PHASE PHASE II III 2 PARCEL 5 1 2 3 9.48 21/01 A C(C) A C A C(C) A C A C A C 1 U S -1 9 N E NT ERP RI SE RD W U S -1 9 F R O N T A G E R D E U S - 1 9 F R O N T A G E R D C O U N TR Y S ID E B LV D C O U N T R Y S ID E B L V D 264 266 268 267 25212531 253924952 4 7 52565 256625 3 52 5 1 5 2 5 3 6 25372 5 2 0 252525552 4 7 5 2 4 6 9 2 5 0 6 25012 4 9 5 26740263382641726750265832662726286262562628626320&IRGTMTR26635Trf265 2540 2538 2536 2534 25322530 86250549224 8 6 24 5 8 24852625226508264892 6 8 1 0 2519T raf2551TRAF-Not to Scale--Not a Survey-Rev. 10/19/15 EXISTING SURROUNDING USE MAP Owner(s): WPG Countryside LLC Case: REZ2015-09003 Site: 26508 US Highway 19 N Property Size(Acres): ROW (Acres): 3.346 Land Use Zoning PIN: 30-28-16-00000-430-0300 From : RFH T Atlas Page: 221B To: RFH C Commercial/Retail Commercial/Retail Woodgate Park Office Commercial/Retail Attached and Detached Dwellings View looking southwest at the subject property, 26508 US Highway 19 N North of the subject property, across Countryside Boulevard East of the subject property, across US Highway 19 N Southwest of the subject property, across Enterprise Road REZ2015-09003 WPG Countryside LLC 26508 US Highway 19 N Page 1 of 2 View looking northerly along US Highway19 N Frontage Road View looking southerly along US Highway 19 N Frontage Road View looking northerly along US 19 N View looking southerly along US Highway 19 N REZ2015-09003 WPG Countryside LLC 26508 US Highway 19 N Page 2 of 2 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: REZ2015-09002 Agenda Date: 12/17/2015 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential District (Pinellas County) to the Institutional (I) District (City) for 2425 McMullen Booth Road and an unaddressed parcel on McMullen Booth Road; and pass Ordinance 8792-16 on first reading. (REZ2015-09002) SUMMARY: This Zoning Atlas amendment involves two parcels of land totaling 6.522 acres located on the west side of McMullen Booth Road approximately 836 feet south of East Enterprise Road. One parcel is currently occupied by a single family residence, and the other parcel is currently vacant. The applicant is requesting to rezone the properties from A-E Agricultural Estate Residential District (Pinellas County) to the Institutional (I) District (City), indicating the intention to redevelop the site as an assisted living facility; however, no plans have been submitted at this time. The applicant has submitted three additional applications being processed concurrently with this case: 1.A Petition for Annexation for the 4.522-acre property not currently within the City (vacant) (ANX2015-09024); 2.A Petition for Annexation for the 2-acre property not currently within the City (existing single-family residence) (ANX2015-09025); and 3.A Future Land Use Map amendment from the Residential Low (RL) category (Pinellas County) to the Institutional (I) category (LUP2015-09003) for both parcels (6.522 acres) upon annexation. The proposed Institutional (I) District will allow the site to be redeveloped with institutional uses, including an assisted living facility. The Institutional (I) zoning district is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. There is an existing pattern of residential and institutional uses along McMullen Booth Road. As such, the proposed amendment will allow development that is in character with the surrounding properties and neighborhood. The Planning and Development Department determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Page 1 City of Clearwater Printed on 12/17/2015 File Number: REZ2015-09002 Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·The available uses in the Institutional (I) District are compatible with the surrounding area. ·The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and ·The proposed Institutional (I) District boundary is appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its November 17, 2015 public hearing and recommended approval with a vote of 6-1. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 Ordinance No. 8792-16 ORDINANCE NO. 8792-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED APPROXIMATELY 836 FEET SOUTH OF EAST ENTERPRISE ROAD, WHOSE POST OFFICE ADDRESSES ARE 2425 MCMULLEN BOOTH ROAD AND AN UNADDRESSED PARCEL LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 1,054 FEET SOUTH OF EAST ENTERPRISE ROAD, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL (I); 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 on March 16, 2016, contingent upon and subject to the adoption of Ordinance No. 8789-16 and 8790-16, and subject to the approval of the land use designation set forth in Ordinance 8791-16 by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit A for Legal Description; From: A-E Agricultural Estate Residential (Pinellas County) To: Institutional (I) (REZ2015-09002) Ordinance No. 8792-16 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 LUP2015‐09003 and REZ2015‐09002 ========================================================================================= Parcel 1: 33-28-16-00000-220-0160, Unaddressed McMullen Booth Road Tract 22/016 located on the west side of McMullen Booth Road approximately 1,054 feet south of East Enterprise Road Parcel 2: 33-28-16-00000-220-0100, 2425 McMullen Booth Road Tract 22/01 located on the west side of McMullen Booth Road approximately 836 feet south of East Enterprise Road Exhibit B ZONING MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust Kim A Preedom Tre, Randall R Preedom Tre Case: LUP2015-09003 REZ2015-09002 Site: 0 McMullen Booth Road 2425 McMullen Booth Road Property Size(Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From: RL AE To: I I Atlas Page: 234A I LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD BOOTH BLV D BARTON LN OAKBROOK CIR I O C LMDR LDR P O 25683141661631641681651623032305030582495 306330182481 30742454 238730273082307030122449 3038 3033300030141847245130012471 23733054 23813003247530332451300630553038246530212 3 8 8 2456 2382 305930392500 302930232379 238030083020301930623078306824613021 2454 2444 3042 3034 2447 305630443090 3026 30303091 3086 301530453 0 4 6 30272455 307430663062302623763007Traf W O O D C R E E K D R DE TREE LN PODOCARPUSDCREEK DR WR DR 7300530833000 3022375 3087 24252222 -Not to Scale--Not a Survey-Rev. 10/13/15 SAFETY HARBOR LOCATION MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust Kim A Preedom Tre, Randall R Preedom Tre Case: LUP2015-09003 REZ2015-09002 Site: 0 McMullen Booth Road 2425 McMullen Booth Road Property Size(Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From: RL AE To: I I Atlas Page: 234A ^ PROJECT SITE ENTERPRISE RD E LANDMARK DR McMULLEN-BOOTH RD SABER DR PARKSTREAM AVE BARTON LN DEER RUN S MA R L O B LV D ANTHONY AVE BOOTH BLVD HILLCREEK CIR ESWEETGUM WAY S OA K HILL RD HILLCREEK CIR S SEEDLING DR WOODCREEK DR EDEER RUN ESPLITWOOD WAY WOODCREEK DR S W O O D C R E E K D R NSUNDANCER DR PIN OAK DR OAK COVE DR PARKCREEK DR PODOCARPUS WAY TERENCE CT PIN OAK DR EPATRICK PL OAKBROOK CIR -Not to Scale--Not a Survey-Rev. XX/XX/XX SAFETY HARBOR AERIAL MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust Kim A Preedom Tre, Randall R Preedom Tre Case: LUP2015-09003 REZ2015-09002 Site: 0 McMullen Booth Road 2425 McMullen Booth Road Property Size(Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From: RL AE To: I I Atlas Page: 234A LANDMARK DR LANDMARK DR ENTERPRISE RD EENTERPRISE RD E McMULLEN-BOOTH RD McMULLEN-BOOTH RD OAK HILL RD OAK HILL RD BOOT H BLVD BOOTH BLVD OAKBROOK CIR OAKBROOK CIR BARTON LN BARTON LN -Not to Scale--Not a Survey-Rev. 10/13/15 SAFETYSAFETY HARBORHARBOR EXISTING SURROUNDING USES MAP Owner(s): Kim A Preedom Trust, Randall R Preedom Trust Kim A Preedom Tre, Randall R Preedom Tre Case: LUP2015-09003 REZ2015-09002 Site: 0 McMullen Booth Road 2425 McMullen Booth Road Property Size(Acres): 6.522 Land Use Zoning PIN: 33-28-16-00000-220-0100 33-28-16-00000-220-0160 From: RL AE To: I I Atlas Page: 234A LANDMARK DR ENTERPRISE RD E McMULLEN-BOOTH RD OAK HILL RD BOOT H BLV D OAKBROOK CIR BARTON LN 2563141661641681651623032305030582495 3063301824813074 2454 2387302730122449300030143005245130012471 2381 2475 30332451 246523882456 2382 30592500 30292379 24613021 2454 2444 2447 3090 3086 30462455 30743007TrafW O O D C R E E K D R DE TREE LN PODOCARPUSCREEK DR W-Not to Scale--Not a Survey-Rev. XX/XX/XX SAFETY HARBOR 2425 0 Commercial Vacant Single Family Drainage Pond Single Family Single Family Vacant View looking west at the subject property, 2425 McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property LUP2015-09003, REZ2015-09002 HR Tampa Bay LLC 2425 McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road View looking west at the subject property, Unaddressed McMullen Booth Road North of the subject property South of the subject property Across the street, to the east of the subject property LUP2015-09003, REZ2015-09002 HR Tampa Bay LLC Unaddressed McMullen Booth Road View looking northerly along McMullen Booth Road View looking southerly along McMullen Booth Road Community Development Board – November 17, 2015 REZ2015-09002 - Page 8 of 9 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Recommended Conclusions of Law: This segment of McMullen Booth Road is currently operating at a Level of Service F, which is below the adopted roadway level of service standard. McMullen Booth Road is listed as a constrained facility by the Pinellas County Metropolitan Planning Organization (MPO), which means that it cannot be expanded as necessary to alleviate a substandard level of service due to a policy or physical constraint. Any traffic impacts or mitigation strategies will be handled at the time of site plan approval. If there is a traffic operation impact caused by the new expected vehicular trips from the proposed development then the applicant will be responsible for the mitigation. There is an increase in demand for potable water and solid waste, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. The property will connect to the City’s sanitary system when it is developed, but the City’s sanitary sewer system can accommodate the additional wastewater that will be added to the system. Furthermore, parkland and recreation facilities will not be affected by the proposed amendment. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Institutional (I) District boundaries is consistent with the boundaries of the subject property. The proposed Institutional (I) District is compatible with the single family residences to the south, west, and east, and with the commercial uses to the north. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership line, existing improvements, and the natural environment. REVIEW PROCEDURE: Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject property. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. From:MaryBeth Yodis To:Brotherton, Kyle Subject:ANX2015-09002, ANX2015-09024 Date:Friday, December 04, 2015 3:39:58 PM I am writing concerning the annexation and change in zoning of 2425 McMullen Booth Road and an unaddressed parcel. The request has been made to change the zoning from "residential low" to "institutional". I presently reside in the development known as Shady Oaks Farms. This development intersects McMullen Booth Road at Marlo Boulevard. I have waited to write until now because I wanted to collect some concrete data to share with you concerning the amount of traffic on McMullen Booth Road. I leave via Marlo Boulevard and turn north onto McMullen Booth Road daily to go to work in Oldsmar. I kept data for the week before and the week since Thanksgiving break. I have had to wait anywhere from 8 to 20 minutes to turn north. On several mornings, I gave up and turned right and went all the way around to US 19 via Sunset Point Road. The traffic does not abate during the day. In the evening, I attempt to leave to go to dinner with family and it is the same wait time. Traveling north on McMullen Booth and trying to turn left onto Marlo Boulevard is also difficult. It is not that the traffic backs up and stops, it is a steady stream of speeding cars which will only be complicated by the increased traffic if this land is changed to institutional and approved for the Assisted Living Facility proposed for this property. The Assisted Living Facility is proposing to have 241 residential units. These residents will have visitors as well as employees of the facility adding traffic to the all ready over crowded and dangerous McMullen Booth Road. Please consider the impact of additional traffic, as well as the loss of green space, before you make this change in zoning. When my parents purchased this house in 1985, there were cows in our backyard. I understand the need for change and growth, but there is a limit to how many cars and people can be crammed into a finite space. If you have any questions, please do not hesitate to contact me. MaryBeth Yodis/George Rerig 3008 Oak Hill Road Clearwater, FL 33759 727-422-4336 From:MaryBeth Yodis To:Brotherton, Kyle Subject:ANX2015-09002, ANX2015-09024 Date:Tuesday, December 15, 2015 9:29:48 PM I am writing concerning the annexation and change in zoning of 2425 McMullen Booth Road and an unaddressed parcel. The request has been made to change the zoning from "residential low" to "institutional". I am concerned about this change for multiple reasons. First is traffic. The traffic on McMullen Booth Road now is unbearable at times, particularly rush hour, and you are proposing adding 241 more residences along with the support people needed for this facilty to an all ready crowded road. I am not only referring to the amount of traffic on the road but also to the number of accidents and illegal U turns at the intersection directly south of the proposed site. We reside in Shady Oaks Farms and daily I personally witness multiple illegal U turns while I am attempting to exit the development legally. My second concern is the impact this will have on the local property values. A facility that is 4 stories high right next to a residential area will be an eyesore. The height of the propsed building will allow the residents of these new buidlings direct site lines into the back yards and back windows of the homes located adjacent to the property line. I personally do not want strangers looking into my backyard at all hours of the day and night. This is a quality of life issue for all of the current residents in the adjacent property. Currently the maximum height of the homes in this development is limited to 2 stories. Due to commitments and illnesses within our family, I will be unable to attend this meeting. Please accept this email as a vote against this zoning change. If you have any questions, please do not hesitate to contact me. MaryBeth Yodis/George Rerig 3008 Oak Hill Road Clearwater, FL 33759 727-422-4336 From:rmvanname@verizon.net To:Brotherton, Kyle Subject:Case REZ2015-09002 Date:Tuesday, November 17, 2015 9:37:49 AM Mr. Brotherton; I live in the neighbor just south of the property in question, near the intersection of McMullen Booth and Enterprise Road. The proposed plan calls for an assisted living facility with 241 units. The traffic situation exiting my neighborhood and turning left onto McMullen Booth is already very dangerous. The additional traffic that this facility will generate, I believe will have deadly consequences. I am not trying to sound dramatic, I truly believe this. There is also a plan directly across the street for a smaller assisted living facility. I just don't think the increase in traffic is safe. I just ask that you observe the existing situation before you make this decision. You will witness a daily game of Frogger (hope you are familiar). Thank You for you consideration in this matter Sincerely, Rosemary VanName 2382 Shade Tree Ln. Clearwater From:Darlene To:Brotherton, Kyle Subject:Case REZ2015-09002 Date:Tuesday, November 17, 2015 12:14:27 PM As property owners at 2381 Podocarpus Way we are concerned with increased traffic on McMullen Booth Road that would result from institutional development. Please consider alternative location with less residential and traffic volume. Frank and Darlene Stringfellow. From:JillCopek To:Brotherton, Kyle Subject:OBJECTION to proposed Senior Living- McMullen Booth Rd Date:Tuesday, November 17, 2015 11:18:39 AM Hello Kyle, In my opinion as a realtor and resident of Shady Oak Farms, anytime trees and greenspace are replaced with buildings and cement, it's unappealing and has a negative impact. Properties which line the senior living "wall" will be affected the most. When owners sell, they won't get as much per square foot. Had the agricultural property remained, the view would be more desirable, bringing a higher price per square foot when sold. Of course comps are usually calculated using an entire subdivision so our home values will decrease also. In addition to decreasing values, this change from agricultural to residential in Pinellas County will remove green-space desperately needed. With pollution and chemical emissions from nearby businesses, we need oxygen and the benefits mature trees and foliage provide. Thank you for considering this property to be kept as agricultural. Jill Copek, P.A. From:Betsy Marvin To:Brotherton, Kyle Subject:Property on the corner of McMullen Booth and Enterprise Date:Tuesday, November 17, 2015 3:40:37 PM Hell Mr. Brotherton, I am writing regarding the property that the city is proposing a change in zoning for on the property that abuts our neighborhood. This will create an over-abundance of traffic on an already ridiculously busy corner. There are already many emergency vehicles traversing our streets at all hours of the day and night but if you add a facility such as the one planned it will be even more troublesome for us. People trying to make a Uturn on McMullen Booth heading north turning south have a hard enough time making the already ‘short’ light cycle not to mention the people heading east on Enterprise that turn south on MMB on a RED in front of the U-turners. It causes great trouble. We have finally come out of our housing slump of 5-8 years and our property values are starting to head back in the direction that we all want. This added facility will lower the value of our homes tremendously as the marketability will become stagnant and depressed. Certainly making that property a subdivision of homes would benefit everyone as opposed to hurting many of us that border the property. I am going to try to be at the meeting tomorrow but I was just informed of this situation a couple of days ago. Please- I encourage you to survey the surrounding neighbors because I’m fairly certain most would agree with the above. Thank you for your time. Elizabeth Cortis/aka Betsy Marvin 2367 Barton Lane Clearwater FL 33759 727 460-8487 From:Richard Theriault To:Brotherton, Kyle Subject:Proposed rezoning, Ordnances 8791-16 & 8792-16 Date:Sunday, November 15, 2015 12:50:45 PM Dear Mr. Brotherton: We plan to be present at the 11/17 Planning Commission meeting concerning proposed rezoning to “Institutional” of the Preedom property south of Enterprise Road and west of McMullen-Booth Road, but wish to assure that our concerns are registered in the event that we are unable to attend. 1: Runoff. The proposed use is essentially the paving over of the entire 6+ acres with buildings, roads, and parking. We are concerned that this large impervious area will create significant runoff problems similar to those our neighbors experienced when the Oakbrook Circle development was built, graded so that Oakbrook back yards were several feet higher than those in shady Oak Farms, creating severe flood conditions. If the proposed development is allowed, a constraint should be that it is graded so that runoff from rains will be directed to the north and the existing retention pond. 2: Parking density and location. The present plan shows dense parking lineups along the west and south perimeters, adjacent to our bedrooms and those of the Oakbrook development. The noise of starting engines and slamming car doors is a potential problem at this close proximity and density, and there is some question of the lighting for these parking areas impinging on our properties. Also, we feel that staff parking needs to be to the north near the retention pond, and away from existing residences. 3: Ventilation. We are concerned that the bulk of the proposed building, and the surrounding wall (which is essential to provide us necessary visual and noise protection) will also block all airflow from the north and east, eliminating the natural ventilation of our properties and its relief from the Florida heat. This sounds trivial but it definitely is not. A major challenge to this development will be design of a perimeter wall of sufficient porosity to permit reasonable airflow while still affording adequate visual and noise barriers. 4: Conservation. The south perimeter of “the tract,” along the north perimeter of Shady Oak Farms, contains several magnificent oaks of great size, mostly situated where they can be incorporated in the perimeter treatment. We are deeply concerned, and believe the City of Clearwater forestry department will be also, that these trees be preserved to the greatest extent possible, and not just eliminated to “get them out of the way.” 5: Traffic. Beyond question, McMullen-Booth traffic is already a nightmare. Whatever ultimately goes into this property will generate additional traffic of some sort. We need some assurance that, the proposed use being a group residence for seniors, the predictable influx of emergency vehicles will be somehow regulated to spare us from frequent “lights and sirens” while also serving the emergency needs of the development’s residents. 6: Sheer bulk. The visual impact of a large four-story building in this stretch of low-lying structures may be severe. We are certain that concerns about this aspect of the proposal will be addressed by others of our neighbors. 7: Coordination and cooperation. The level of predictable resistance by adjacent established communities will depend greatly on the proposer’s willingness to address our concerns, work with us, and avoid infringing our traditional “right to quiet enjoyment of our homes.” Please register these concerns of Shady Oak Farms residents in the Commission’s consideration of this proposal. Thank you for your attention. *********************************** Richard and Barbara Theriault 3038 Oak Hill Road Clearwater FL 33759-1319 727-799-3038 *********************************** ribit@earthlink.net From:MARYLOU BOELKE To:Brotherton, Kyle Subject:RE: ANX2015-09024 and ANX2015-09025 meeting today Date:Tuesday, November 17, 2015 2:06:51 AM Mr. and Mrs. Russell A Boelke 3074 Oak Hill Road Clearwater, FL 33759 Home: (727) 726-2422 RE: ANX2015-09024 and ANX2015-09025 Dear Mr. Brotherton, My Husband and I purchased our home at the above address in June of 2005. The home was in need of repairs, and we have been renovating off and on ever since. We have raised our family here. We are invested in this community. Shady Oak Farms is a small, quiet development, made up of a large amount of long term residents, many of whom have lived here since the homes were first built in the early 1980’s. I am writing this to voice my extreme concerns about the proposed petition for annexation and change of zoning to (I) Institutional of 2425 McMullen Booth Road, and the unaddressed parcel located approximately 836 ft. south of Enterprise Road East. Apparently, no plans had been submitted at the time of the zoning request. On November 5, 2015, a meeting was held for residents of the multiple developments affected by this plan. However, only a small group was there, due to the extremely vague nature of the invitation (see attached). McMullen Booth Road is a long road and since there was no address stating WHERE the Senior Living Facility was to be located, I am sure many residents simply did not realize it was concerning the property adjacent to us. This was the information we were presented with: The proposal is to rezone and allow a 241 unit, 3 and 4 story senior independent living facility with a 250 car parking lot adjacent to our development. The site plan showed a 6' wall with a 12' buffer of trees (their example was spruce and oaks). However, they were not the 40' oaks that are now on the property, they will be smaller trees planted. It seemed their intention was to eliminate all the old growth oaks. There are also plans to develop a sister project, for an assisted living and memory care building directly across McMullen Booth Road on the Safety Harbor side between the McDonalds and Northwood Estates East and Weatherstone communities. That would be 88 beds and also 3 and 4 stories. We were informed that even if the Safety Harbor project was not approved (they may get more resistance in Safety Harbor), they intend to move forward with the Clearwater site. As residents whose yard borders this proposed development, you better believe my Husband and I have concerns! 1) TRAFFIC: They intend to have classes and restaurants and bistros and be a vibrant community, sounds nice. But between the staff and the residents and visitors, and delivery vehicles, traffic will increase in an area that is already extremely overburdened and often dangerous. As you know, McMullen Booth Road is a 6 lane, 45 mph highway. Rush hours are extremely difficult to maneuver and the solid traffic goes on for miles with no break. In the morning the extreme traffic starts at about 6:30 am and lasts until about 8:30 or 9:00 am. In the afternoon, it begins at about 3:30 pm and does not slow until 6:30 to 7:00 pm. We have a left hand turn inlet between the entrance of Weatherstone and Marlo Blvd. (the entrance to our development). During certain times of the day, it is completely blocked with solid traffic waiting for the light at Enterprise Road (daily traveling north in the evening) or, less often, the light at Union/Cedar in the morning heading south. Also, it is specifically designated No U turn. Yet, almost every day I see someone making an illegal U turn and causing residents to sit several extra minutes trying to get another small break in traffic. These illegal U turns increased dramatically when they started building Renaissance Oaks and it continues now. Renaissance Oaks is a small community of single family residences, MUCH smaller than the amount of people this ALF will accommodate. 2) COMMERCIAL: The zoning may say institutional, but essentially this is a commercial enterprise, similar to a hotel or motel, only with permanent residents. There will be restaurants, nursing, and cleaning staff, deliveries of food and supplies, etc. 3) EMERGENCY VEHICLES: At all times of the day and night, with the lights and noise that go along with it. As with any elderly care facility, it will happen often. 4) 3 and 4 STORY BUILDING: They keep trying to downplay the 4th story, but a building’s height is measured by the tallest point, so we ARE discussing a 4 story building. Taller than any of the other structures in the general vicinity, even the commercial buildings, it will be highly visible. They are proposing a 6’ wall, the height of a residential privacy fence and a 12’ green space buffer. That will not mask the eyesore of multiple stories, even for those whose direct property lines are unaffected. Which leads me to, 5) LIGHTING: (For the building and the parking lot) While they addressed this in the meeting by saying all lighting must be aimed into their property, it is unreasonable to say they have any control where lights brighten at night. 6) SNEAKINESS and MANIPULATION: While most of us would like to see this land continue to go undeveloped, we understand that is unrealistic. I cannot speak for anyone else, but I don’t think there would be any objection to a development of single family residential homes on this property. However, we never saw this property offered for sale. That meeting notification card for the presentation to residents as a group, had no location indicated, which insured that it was not well attended, and made it difficult for the residents to get organized. Mr. Ron Carlson went around the neighborhood on a Friday morning (when many are not home) to supposedly listen to our opinions, and hear our concerns. Residents who did not attend the meeting then only got his perspective. Also, even though many residents object to this project, they have no intention of withdrawing the petition, so who is he really listening to? They are saying they want to work with us cooperatively, when all they are really trying to do is manipulate us into not causing a fuss, so they can get what they want. 7) DECREASING OUR PROPERTY VALUES: At a time when our property values are finally recovering some, this will have a negative impact. Mr. Carlson was trying to tell me I was wrong about that the other day. His argument was self serving and unrealistic. Real estate is all about “Location, Location, Location”. The back of our property also borders McMullen Booth Road. Some people do not want to live on a busy street with the noise, dirt and traffic. Real estate is a commodity that is subject to the laws of supply and demand. Any time you reduce the pool of potential buyers for a property, it will take longer to sell, and you will not get a premium price for it, no matter how nice it is. Backing up to McMullen Booth Road was a known issue when we purchased the property, and we accepted it. If this proposal goes through as planned, through no choice of ours, our property will become significantly less desirable, will be much harder to sell and ultimately sell for less. That, in turn, will reduce the comparables. When that happens, even those not directly effected by this, may take a financial hit when they attempt to sell. The developer and the current property owners do not live Clearwater or Safety Harbor. They will not face the noise or the extra traffic, the lights in their back yards, the increased auto accidents, or property devaluation. They are not invested in the long term effects of this project, or even the safety of the residents. They just want to make their money and move on to the next project, leaving us all to suffer for their profit. Please take care of us, your neighbors and constituents. Don’t grant the rezoning of these residential properties. Sincerely, Marylou Boelke and Russell Boelke From:MARYLOU BOELKE To:Brotherton, Kyle Subject:RE: ANX2015-09024 and ANX2015-09025 meeting today Date:Tuesday, November 17, 2015 7:54:04 AM Mr. and Mrs. Russell A Boelke 3074 Oak Hill Road Clearwater, FL 33759 Home: (727) 726-2422 RE: ANX2015-09024 and ANX2015-09025 Dear Mr. Brotherton, We have one more item to add to our long list of concerns about the request to amend this property's future land use from Residential Low (RL) (Pinellas County) to Institutional (City of Clearwater). The city of Clearwater is clearly only one part of a larger entity, the County of Pinellas. If there is a Countywide Rule that limits the size of institutional uses within residential areas to no more than five acres, how can the City of Clearwater allow this project of approximately 6.5 acres to move forward? I am sure Pinellas County has good reasons not to allow this. Sincerely, Marylou Boelke and Russell Boelke From:Richard Theriault To:Brotherton, Kyle Subject:Re: Proposed rezoning, Ordinances 8791-16 & 8792-16 Date:Monday, November 16, 2015 12:08:58 PM Good morning! Thank you very much for your response, and your attempt to phone. Yes, the line has been busy for hours, as my wife struggled with eBay to unscramble a mess THEY made. I’m sorry you couldn’t get through, and I have left a message on your voicemail when I tried to return your call. I didn’t know until Sunday afternoon that there was an avenue of contact, and that’s why you got my email so late. It is reassuring to know that this proposal is still very preliminary, based on only a conceptual plan. I believe my neighbors thought the ordinances might possibly be enacted on this basis alone. From your email and attachments it is clear that far more realistic plans are required, and significant city regulations and requirements will help to address our concerns. We look forward to working with all parties to achieve an optimum result, and we thank you for your efforts. *********************************** Richard Theriault 3038 Oak Hill Road Clearwater FL 33759-1319 727-799-3038 *********************************** ribit@earthlink.net P.S. I just caught my typo in the subject! I meant “Ordinances,” of course; not “Ordnances” as in “artillery.“ On Nov 16, 2015, at 10:10 AM, <kyle.brotherton@MyClearwater.com > <kyle.brotherton@MyClearwater.com > wrote: Good morning, I just tried to call, but your line was busy. I’m going to see if I can address some of your concerns brought forward in the email below. I have also attached my staff reports for the cases as well. For these two cases, the Land Use Amendment and the Rezoning, all we have from the applicants are conceptual site plans. We can’t review against conceptual site plans, and any site plan that is formally submitted in the future will be reviewed by our staff plus staff from other departments. Those departments include planning for density/intensity, land resources for trees, traffic for the traffic concerns, storm water for drainage and run off, as well as fire, solid waste, and others. The applicants, when formally submitting a site plan, will also have to submit a tree inventory that was conducted by a certified arborist. Our land resources staff would then go out and grade the trees and make sure the tree inventory is correct. The applicants had a meeting with community members a little over a week ago, which brought forward some of the same concerns you have listed below. If you wish to speak further with the applicants about that meeting, you can contact Mr. Todd Pressman at 727-804-1760. After reading through my staff reports, and speaking with the applicants regarding their community meeting, if you still have concerns or wish to pull the case from consent, please let me know via email. If you wish to speak in person about the concerns, I am available today before 1:00 pm. My direct line is 727-562-4626. Thank you Kyle From: Richard Theriault [mailto:ribit.g@gmail.com] On Behalf Of Richard Theriault Sent: Sunday, November 15, 2015 12:51 PM To: Brotherton, Kyle Subject: Proposed rezoning, Ordnances 8791-16 & 8792-16 Dear Mr. Brotherton: We plan to be present at the 11/17 Planning Commission meeting concerning proposed rezoning to “Institutional” of the Preedom property south of Enterprise Road and west of McMullen-Booth Road, but wish to assure that our concerns are registered in the event that we are unable to attend. 1: Runoff. The proposed use is essentially the paving over of the entire 6+ acres with buildings, roads, and parking. We are concerned that this large impervious area will create significant runoff problems similar to those our neighbors experienced when the Oakbrook Circle development was built, graded so that Oakbrook back yards were several feet higher than those in shady Oak Farms, creating severe flood conditions. If the proposed development is allowed, a constraint should be that it is graded so that runoff from rains will be directed to the north and the existing retention pond. 2: Parking density and location. The present plan shows dense parking lineups along the west and south perimeters, adjacent to our bedrooms and those of the Oakbrook development. The noise of starting engines and slamming car doors is a potential problem at this close proximity and density, and there is some question of the lighting for these parking areas impinging on our properties. Also, we feel that staff parking needs to be to the north near the retention pond, and away from existing residences. 3: Ventilation. We are concerned that the bulk of the proposed building, and the surrounding wall (which is essential to provide us necessary visual and noise protection) will also block all airflow from the north and east, eliminating the natural ventilation of our properties and its relief from the Florida heat. This sounds trivial but it definitely is not. A major challenge to this development will be design of a perimeter wall of sufficient porosity to permit reasonable airflow while still affording adequate visual and noise barriers. 4: Conservation. The south perimeter of “the tract,” along the north perimeter of Shady Oak Farms, contains several magnificent oaks of great size, mostly situated where they can be incorporated in the perimeter treatment. We are deeply concerned, and believe the City of Clearwater forestry department will be also, that these trees be preserved to the greatest extent possible, and not just eliminated to “get them out of the way.” 5: Traffic. Beyond question, McMullen-Booth traffic is already a nightmare. Whatever ultimately goes into this property will generate additional traffic of some sort. We need some assurance that, the proposed use being a group residence for seniors, the predictable influx of emergency vehicles will be somehow regulated to spare us from frequent “lights and sirens” while also serving the emergency needs of the development’s residents. 6: Sheer bulk. The visual impact of a large four-story building in this stretch of low-lying structures may be severe. We are certain that concerns about this aspect of the proposal will be addressed by others of our neighbors. 7: Coordination and cooperation. The level of predictable resistance by adjacent established communities will depend greatly on the proposer’s willingness to address our concerns, work with us, and avoid infringing our traditional “right to quiet enjoyment of our homes.” Please register these concerns of Shady Oak Farms residents in the Commission’s consideration of this proposal. Thank you for your attention. *********************************** Richard and Barbara Theriault 3038 Oak Hill Road Clearwater FL 33759-1319 727-799-3038 *********************************** ribit@earthlink.net <REZ_SignedStaffReport.pdf><LUP_SignedStaffReport.pdf> From:eric@oceanliferealty.com To:Brotherton, Kyle Subject:REZ2015-09002 Date:Tuesday, November 17, 2015 3:40:41 PM Hello Kyle, I know this inquiry is some what late but I just found out about tomorrows meeting from a neighbor. I assume I was not notified directly since my home is not within 200 feet of the proposed property requesting zoning changes. My concern is the amount of additional traffic on a already congested roadway during the 2 hours of every week day morning and 2 hours of every week day afternoon. The business rush hours make it extremely difficult to exit our subdivision known as Shady Oak Farms which is just south of this proposed site. Thank you for your time. Sincerely, Eric Von Heal Ocean Life Realty, Inc. 3078 Marlo Blvd Clearwater, Fl. 33759 727-447-3995 727-712-8343 fax www.oceanliferealty.com eric@oceanliferealty.com From:Susan Clairmont To:Brotherton, Kyle Subject:Shady Oaks Farms/New Senior Living Facility Date:Tuesday, November 17, 2015 11:26:02 AM Dear Mr. Brotherton, As a resident of Shady Oaks Farms for 23 years, I am against changing the zoning for the property in the north side of our subdivision. Not only will it affect our property values negatively, but will again burden our neighborhood with additional traffic woes. As a engineer, I submitted plans long ago requesting relief from trying to pull out of the neighborhood and onto McMullen-Booth Road. Of course, to no avail. We are the only neighborhood that has another neighborhood (Weatherstone) directly across from us. It is very dangerous and difficult to turn north. In addition, we have the new neighborhood to the south (Renaissance Oaks) the uses our entrance as their U-turn loop, as the city did not require their developer to incorporate a proper ingress/egress into their subdivision. Now, we will have the added traffic from this major facility. The original request was to close the entrance to McMullen-Booth Road, off of Marlo Boulevard, and open Marlo on the other end at Landmark Drive. This option would be so much safer for our residents. I am asking for a detailed traffic study, preferable via a third (and impartial) party. In addition, I am requesting an evaluation on how my property value will be affected if this facility is constructed. Thanks you for your time, and as a longtime citizen of Clearwater, I expect to have the studies that I requested. Susan Clairmont 3039 Pin Oak Drive Clearwater, FL 727-726-7074 Sent from my iPhone Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1967 Agenda Date: 12/17/2015 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) to Wannemacher Jensen Architects, Inc. (WJA), St. Petersburg, FL in the amount of $315,596 for additional architectural services required to design and construct the Morningside Recreation Center, 2400 Harn Blvd. and authorize the appropriate officials to execute same. SUMMARY: On August 6, 2015, the City Council approved allocating an additional $2,580,000 from undesignated Penny III projects to Capital Project 315-93251 (Morningside Recreation Center), in fiscal year 2016/17, for the construction of a new 22,000 sq. ft. recreation center at Morningside Recreation Complex. Council approved moving forward with the design schedule of the Center in Fiscal Year 2015/16 from current project funds ($2,890,000) so that construction can begin in Fiscal Year 2016/17. Total estimated cost of the project is $5,470,000. Staff recommended the construction of a recreation center similar in size to the Ross Norton Recreation and Countryside Recreation Centers. The facility would consist of gymnasium, multipurpose rooms, fitness room, classroom, restrooms and lobby. WJA is one of the City's Architects of Record and has successfully partnered with the City in designing and constructing several projects including the North Greenwood Recreation and Aquatics Center, Long Center Renovations, Aging Well Center at the Long Center and the Training Facility at Carpenter Complex. WJA has extensive knowledge and experience in design and construction of recreation facilities and staff has had good working relationships with WJA in the past by bringing projects in on time and within budgets. The scope of services included in this contract include design development, construction documents, permit assistance, bid assistance and construction administration. A separate Purchase Order was issued in November to WJA for $39,264 to provide schematic design and master planning in order to start the community engagement process with the design committee. A design committee made up of city staff and citizens will work with WJA to design a facility that will meet the needs of the community. Fees for this contract are within the State of Florida’s Department of Management Service Page 1 City of Clearwater Printed on 12/17/2015 File Number: ID#15-1967 (DMS) fee guidelines. This item supports the City Strategic Direction and priorities for quality by providing new infrastructure for the citizens of Clearwater APPROPRIATION CODE AND AMOUNT: Funds are available in Capital Improvement Project 315-93251 Morningside Recreation Center to fund the contract. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 12/17/2015 180 Mirror Lake Drive North / St. Petersburg, Florida 33701 / 727.822.5566 / www.wjarc.com / AA0002277 Leroy Chin Park, Planning & Project Manager City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756-5520 November 19, 2015 Ref: Morningside Recreation Center Scope of Services and Fee Proposal Dear Leroy, Wannemacher Jensen Architects, Inc. is pleased to submit the following proposal for Architectural and Engineering Design services for the new Morningside Recreation Center. This Proposal is based on the following Scope of Services and assumptions. 1. Total project budget is $5,469,000. This includes building construction, sitework, furniture, fixtures, equipment, A/E Fees, geotechnical soil borings, surveys, and all other project soft costs. 2. The building is assumed to be approximately 21,000 sf. However, the building square footage may need to be reduced to stay within budget. 3. For purposes of this fee proposal, the construction budget, including sitework and parking, is assumed to be approximately $210 per sf or $4,410,000. 4. Please note that we will work diligently to keep the project within budget. If during the design process, the building sf and/or other program requirements mandate that the construction budget be increased and the City provides additional funds, we would respectfully request that our Fee be adjusted to reflect this increase in budget. 5. The building will not be designed as a hurricane shelter nor will it require an emergency generator. 6. Landscape and Irrigation Design Drawings and Technical Specifications will be provided by the City. 7. The City will coordinate all work by Duke Energy, Verizon, Brighthouse, Telephone & Data Wiring, Security System, Fire Alarm, Speakers and Sound System. Our drawings will provide locations for all infrastructures to support their requirements. 8. The City will contract directly with C. Fred Deuel for Civil Engineering and SWFWMD permitting. Our Team will coordinate with C. Fred Deuel as required. 9. The City will contract directly with a Geotechnical consultant to perform soil borings and prepare a report. The Architect and Civil engineer will provide location of soil borings and any other geotechnical reporting requirements. 10. The City will provide the Design Team will a topographical/tree survey of the entire site. 11. The approximate Building Program includes the following list of spaces. Note that the actual sf for each space may be slightly different. • Gymnasium 10,500 sf one full size BB court, two side BB courts • Fitness room 2,000 sf • Multi-purpose room(s) 5,000 sf flexible/divisible into two or three spaces • Total Program 17,500 sf Leroy Chin November 19, 2015 Page 2 The remaining 3,500 sf will be dedicated to circulation, lobby, office/admin area, mechanical, electrical, storage, toilet rooms, etc. 12. The City’s Security Vendor will identify quantity, location, equipment, cable type, hardware, etc. for all key pads, door alarm pads, cameras and other security/access control equipment. Our scope of services will include the incorporation of required interior and exterior infrastructure into the documents. The City will provide drawings and cut sheets to the Architect and Electrical Engineer locating all equipment. 13. We will coordinate with the artist during the final design phase to assist with technical information. Note that if the artist is not selected until the Construction Document phase and changes are required in the design that affect previously approved drawings, the work will be considered an additional service. All coordination with the artist during the construction phase will be performed by the Contractor and the City. SCOPE OF WORK SCHEMATIC DESIGN & MASTERPLANNING 1. Building Code review and documentation. 2. Prepare a detailed site plan. 3. Prepare floor plans based on approved program. 4. Develop exterior building forms to illustrate design and volume. 5. Initiate coordination with the various consultants. 6. Preliminary identification of materials and equipment to be used. 7. The City will attend the BPRC Development Review meeting and forward comments to the Design Team. We assume that attendance by the Consultant will not be required. 8. Total of 2 meetings with the City Parks and Recreation staff to review plans. 9. Prepare meeting notes. 10. Felicia will lead the Design Committee and facilitate Community Input sessions. We will attend the meetings, prepare presentation drawings, and assist Felicia with questions from the Community. We anticipate no more than two Community Input gatherings. FINAL DESIGN 1. Integrate primary and secondary building design schematics with design schematics to include the mechanical, electrical and communications engineering disciplines based upon approved schematic design documents. 2. Incorporate structural design solutions and/or alternates with architectural designs. 3. Prepare notes listing the major materials and room finishes. 4. Meet with all design team consultants and coordinate systems. 5. Evaluate design alternatives for the building. 6. Coordinate drawings and backgrounds with all team consultants. 7. Coordinate with the City's Geotechnical Consultant. Recommend locations of the geotechnical testing program to analyze subsoil conditions for use in foundation and underground construction design. 8. Prepare preliminary architectural plans, elevations and building sections. 9. Total of 2 meetings with the City Parks and Recreation staff to review plans. 10. Prepare meetings notes. 11. Prepare rendered site plan and floor plans for presentations. 12. A single 3 dimensional perspective rendering of the building will be generated for presentations. Leroy Chin November 19, 2015 Page 3 CONSTRUCTION DOCUMENTS 1. Prepare detailed drawings to illustrate all aspects of the proposed design based upon approved Design Development Documents. 2. Architectural Plans, Elevations, Building Sections, Wall Sections, Interior Elevations, interior and Exterior Details, etc. 3. Mechanical, Electrical, Plumbing, Life Safety Engineering Plans, Legends, Details, Schedules, Notes, Risers, etc., including quantity & location for the voice/data & audio/visual infrastructure. 4. Structural Foundation Plans, Framing Plans, Wall Sections, Details, etc. 5. Technical book specifications will be provided for review at 60% Con Docs. Front end specifications will be provided by the City. 6. Prepare 60% complete review set. 7. Prepare 80% complete review set. 8. Meetings with all Design Team consultants. Owner may wish to attend these meetings. 9. Respond in writing to the City’s review comments. PERMIT ASSISTANCE 1. Prepare documents for permit submittal to the City. Leroy will facilitate the submittal. 2. 4 complete sets of signed and sealed Construction Documents, also including civil, landscape and irrigation plans prepared by the Owner’s consultants. 3. Creation of revised drawings as required – 4 each signed and sealed. 4. Responses to permit review comments as required. 5. The City of Clearwater building plans review fees will be paid by the City. 6. The Pinellas County Health Department app. Fee (if required) will be paid by the City. 7. Building, right-of-way, etc. permitting fees will be paid by the Owner or Contractor. BID ASSISTANCE 1. The City of Clearwater will prepare the advertisement for bids, general conditions, legal documents and appendices associated with the technical specifications. 2. Attendance at the pre-bid conference. 3. The City of Clearwater will handle distribution of bid documents. 4. Assist the City of Clearwater with bid addenda as required to respond to Contractor’s questions. 5. Note that electronic copies of the construction documents will be provided to the City on CD. These files are for the City's use only. The City shall agree not to modify, change or reuse the computer files without the knowledge or written consent of the design professional. CONSTRUCTION ADMINISTRATION Note that Tasks 1 thru 9 below are performed by the Architect, the MEP/FP Engineers and the Structural Engineer. All consultant correspondence is via the Architect. 1. Shop drawing and submittal review. 2. Telephone and email coordination and correspondence. 3. Respond to Contractor's questions and need for clarifications. 4. Issue Supplemental instructions and drawings. 5. Attendance at substantial completion walk-through – one time only. 6. Preparation of a single punch list. 7. Attendance at final completion walk-through – one time only. 8. Review Contractor prepared as-built drawings, close-out doc’s, O&M manuals & warranties. 9. The City’s Parks & Recreation Dep’t, and the Architect & Engineers will perform the following: • Review and monitor the Contractor's critical path schedule. Leroy Chin November 19, 2015 Page 4 • Review of Contractor's schedule of values. • Review of Contractor's pay application. 10. A 10 month Construction Schedule is assumed to substantial completion with 1 additional month until final completion. 11. Near the conclusion of building construction and for the purposes of obtaining as-builts from the Contractor, the design team will forward a CD to the City containing the Drawing Sheets necessary to complete as-builts. These files will be forwarded to the Contractor by the City. 12. Planned Construction Site Visits are as follows: DISCIPLINE PLANNED SITE VISITS Architecture 21 * Mechanical/Electrical 7 * Site visits by the Architect’s Project Manager includes 2 meetings per month for 10 months, including the Substantial Completion Punchlist. One additional site visit is included to review the Final Punchlist. Note that if additional site visits or punchlist walk-thrus are required because of the Contractor's failure to complete the project, we will request additional services based on our hourly rates. * If the construction duration extends beyond 12 months, because of the Contractor's failure to complete the project, we will request add services that will be paid for by the Contractor. COST ESTIMATE Based upon the completed documents, the cost consultant will prepare a detailed estimate of probable construction cost of the work. After the estimate is complete we will present it to the City’s design team and review the cost of the work. Please note that the estimate will follow the CSI format and provide detailed line items. Cost Estimates will be prepared at the following stages: 1. Cost Estimate following Schematic Design. 2. Updated Cost Estimate following Design Development. 3. Updated Cost Estimate following 80% Construction Documents. FIRE SPRINKLER SYSTEM DESIGN WITH HYDRAULIC CALCULATIONS Previously, these detailed services were provided by the fire sprinkler subcontractor hired by the Contractor. Building departments are now requiring that these detailed design services be prepared by the engineering design professional. 1. Provide a Fire protection design, including sprinkler head, riser, and piping layout along with hydraulic calculations. 2. Note that a recent fire flow test within the last 6 months must be provided to the design team by the City. The specifications for the fire flow test will be provided by the Plumbing Engineer during the design phase. THRESHOLD INSPECTION Threshold Inspection Services are mandated by Florida Law for large assembly public buildings. The Recreation Center qualifies as a large assembly building. The Threshold Inspector shall observe that the structural work during construction is executed in substantial accordance with the permitted official contract documents. The Threshold Inspector will inspect the following areas: 1. Foundation reinforcement and concrete placement. 2. Load bearing CMU wall reinforcement, erection and concrete placement. 3. Structural steel erection and connections. 4. Steel roof deck placing and fastening. Leroy Chin November 19, 2015 Page 5 COORDINATION WITH OWNER’S CONSULTANTS Subconsultants hired directly by the City of Clearwater, specifically the Civil Engineer, will require coordination efforts by the Design Team. Emails, phone calls and other forms of communication will be required to coordinate all technical aspects of the site work with the building design. SERVICES NOT INCLUDED IN THE FEE • Note that sustainable building features and environmental issues will be considered and discussed with the City of Clearwater during the design process however services associated with LEED and/or Green Globe building certification is not included. • The construction delivery method is assumed to be traditional hard bid. If a different method is utilized, such as construction manager, it will result in add services if the Architect is asked to participate in the selection process and assist in the development of a RFQ. • Life cycle cost analysis of any system. • Value engineering of any system or product after the Bid Phase except if the price is higher than the probable cost estimate performed by the Cost Consultant after 80% Construction Documents, then the Architect will assist with value engineering. • Owner requested changes to the scope after 60% construction documents. • Additional site visits as requested by the Owner or as required by the Contractor’s failure to comply with the documents, codes or support the construction schedule. • Building commissioning services. • Building Information Modeling (BIM). • Three dimensional physical presentation model. • Record drawing production to document Contractor notations or changes in the CAD files. This includes documentation of field modifications made by the Contractor that may be required to obtain a certificate of occupancy. • Assistance with new furniture selection and furniture specifications. • Creation of a color board. • Site lighting design and site electrical infrastructure location, including photometrics & branch wiring design for any new or renovated parking at the site. • Lightning protection design specifications. • Specification of telecommunications cables. • Design of end user active electronic components are not included, i.e. telephone systems, ethernet desktop devices, UPS’s, wireless access points, paging systems, audio/video systems, etc. • Any remodeling and/or renovations of the existing Pool Building or Pool. • Identify quantity, location, cable type, camera type, NVR/DVR type, etc. for a CCTV surveillance system. • Identify quantity, location, cable type, hardware, etc. for an access control system. PROPOSED FEES The following is a summary of the total fees for all services including basic services and additional services itemized below. An estimate of anticipated reimbursable expenses is also included. Note that the fees have been generated utilizing the State of Florida's Department of Management Service (DMS) fee guidelines. This is also the fee guideline utilized by the Pinellas County School Board and the State Board of Regents. Leroy Chin November 19, 2015 Page 6 The DMS guidelines were developed with the thought that the competitive negotiation of Architectural and Engineering fees represents some of the most important proactive dollars expended on a project. These funds are an investment that affects both the quality and successful completion of a project. It is for this reason that the schedules used as a guideline for determining fees by the Department are thought to be the fairest way for both Professional and Owner to come to terms on a project fee. DESIGN TEAM MEMBERS Wannemacher Jensen Architects, Inc. Site Masterplanning & Architecture McCarthy and Associates, Inc. Structural Engineering & Threshold Inspection Colwill Engineering Electrical Engineering, Fire Alarm, Mechanical, Plumbing, Fire Sprinkler Engineering John Crum Cost Consultant DMS Fee Curve Calculation: $4,410,000 Construction Cost – Group “D” – Average Complexity = 6.99% Fee for Basic Services. Basic Services (per the DMS Fee Curve) Total Fee Schematic Design & Masterplanning $39,264.00 Final Design $76,130.00 Construction Documents $127,331.00 Permit Assistance $5,359.00 Bid Assistance $5,359.00 Construction Administration $54,817.00 Sub-Total $308,260.00 Specialty Services Master Planning (normally $7,500) $0.00 Rendering (normally $3,500) $0.00 Detailed Cost Estimate following Schematic Design $5,000.00 Updated Cost Estimate following Design Development $2,600.00 Updated Cost Estimate following 80% Construction Docs $2,000.00 Fire Sprinkler System Design $8,500.00 Threshold Inspection Services (not to exceed) $24,000.00 Coordination with Owner’s Consultants $4,500.00 Sub-Total $46,600.00 Total for All Services $354,860.00 Additional Services Compensation A. Additional work outside of the scope stated herein and approved in writing, will be billed at hourly rates below or negotiated as a lump sum at time of the request. Note that the hourly rate schedule will be adjusted annually. Hourly Rate Schedule Principals $236.00 Associate Architect, Engineer or Registered Designer $151.00 Intern Architect $100.00 Leroy Chin November 19, 2015 Page 7 Administrative $75.00 Reimbursable Expenses - all reimbursables will be marked up 10%. We estimate that reimbursables and out of pocket expense’s will be no more than $5,500.00. A. Printing and plotting costs, courier, mail and overnight delivery costs incurred by the A/E Design Team for review, team distribution, and bid & permit documents. B. Jiffy Blueprinting will be utilized by all Team members for printing whenever possible. C. Mileage to the job site and meetings at $0.575 per mile. Payment Provisions A. Invoices will be prepared monthly and reflect progress to date. (30 days net). Schedule: A. Our work will be completed according to the established schedule developed by the Owner and Architect. Our ability to meet this schedule is dependent on timeliness of decisions and meetings. B. The City would like to complete the permit process prior to issuing the documents for bid. C. It is anticipated that construction would begin during the fourth quarter of 2016. D. Note that this fee proposal is good until December 31, 2015. In addition, if subsequent to the Notice to Proceed, the project is put on hold through no fault of the Architect for a period of 6 months or longer at any point during the design and/or construction process, then we reserve the right to adjust our fees. Certification: Wannemacher Jensen Architects, Inc. will certify as a licensed Professional Architect registered in accordance with Florida Statute 471 (481), that the above project’s construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. We understand that it is our responsibility as the project’s Professional Architect to perform a quality assurance review of these submitted plans to ensure that to the best of our ability and within the accepted standards of practice, such plans are free from errors and/or omissions. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. We hope this proposal is acceptable and we look forward to working with you on this project. Please let me know if you have any questions. Sincerely, Wannemacher Jensen Architects, Inc. Jason Jensen, AIA, LEED AP, Principal City Council Agenda Council Chambers - City Hall 1D• Meeting Date:9 /21/2006 SUBJECT / RECOMMENDATION: Approve a renewable 5 -year term interlocal agreement with Pinellas County Government allowing the County to use the Ross Norton Recreational Facility as a Public Disaster Shelter and authorize the appropriate officials to execute same. SUMMARY: Pinellas County Emergency Management Staff was contacted regarding the potential use of the soon- to -be- constructed Morningside Recreational Facility, Ross Norton, and the North Greenwood Recreation facilities for public disaster shelters to be operated by the County. Pinellas County Emergency Management expressed interest and commissioned a shelter feasibility study of the two existing facilities. The Ross Norton facility passed the American Red Cross Shelter Survey method (Least Risk Decision Making), ARC 4496 Standard. An Interlocal Agreement between the City of Clearwater and Pinellas County government is proposed for the use of the Ross Norton facility as a public disaster and hurricane evacuation shelter. Under the terms of this agreement, once notified that the shelter activation was needed, the City Recreation staff would prepare the facility for shelter use: secure loose exterior tables, chairs, bleachers, etc. and then turn the facility over to Pinellas County Emergency Management staff. One Parks and Recreation facility maintenance crew member would remain on -duty at all times to ensure proper operation, maintenance, and repairs of our building systems. The County would be responsible for all shelter operations including feeding, housing, management, etc. as with all other public shelters. Once the shelter use was no longer needed, the County would arrange to clean, repair, and restore the facility to its pre - shelter use, to be re- opened as a recreational facility by City staff. The County will reimburse the city a contractual flat -rate for utilities and costs, and for the total personnel costs for the City facility maintenance worker. The County will be provided with the required financial information to enable them to submit for reimbursement of those costs from FEMA, when applicable. The County will fund and install an electrical transfer switch and connector so they can deploy a trailer- mounted generator for emergency electrical power. This agreement will be the first of it's kind between the County and any City for the use of a City facility for public disaster/hurricane shelter. hit the M4nrnupide Recreational Faillity project moves forward, the County has indicated it will attend redwings and o , ; upgradaer changes to ensure it's suitability as a public disaster shelter and to, Oldie s explicitly clear to the County, that the City will not get involved in operating any public disaster or hurricane shelters: that is outside of the City's scope of responsibility under state law. Review Approval: 1) Clerk The city will establish a re- commissioning plan to make adjustments at regularly scheduled intervals to optimize the performance of its buildings. erage Savings of &reef Bt,ittioso he city will lead by example by building all new municipal acilities to a nationally recognized, high- level performance standard. Best practices and results will be shared with the business community in an effort to expand the energy efficiency practices citywide. As part of the policy, the city will establish a baseline of each city building's electricity and natural gas use and continue to monitor energy usage on an annual basis. This process of benchmarking allows the city to prioritize building energy retrofits and maintenance and measure its progress towards energy reduction goals established in the energy management policy. The city will consider installing a web -based energy tracking system to acquire real time energy consumption data of individual buildings, which will allow for more detailed analysis on the performance of its buildings. 11. MUNICIPAL ENERGY PLAN tiIv Implement a re- commissioning plan for all city buildings. The city has made investments in energy efficiency upgrades of its buildings and is expected to save millions of dollars in energy and operational costs over the next 15 years. However, the full energy savings will not be achieved without ongoing maintenance of the equipment. The city will establish a re- commissioning plan to inspect, test and make proper adjustments at regularly scheduled intervals to optimize the performance of its buildings and equipment. Where necessary, the city will provide training to key staff that do not currently have the appropriate skills to test the equipment. 12. MUNICIPAL PERFORMANCE STANDARD. to Construct all new municipal facilities to conform to a nationally recognized, high -level performance standard. The city will lead by example by building all new municipal facilities to a nationally recognized, high- level performance standard such as LEEDS Fldrida Green Building Coalition or Energy Star. Within a chosen standard, the city will prioritize energy and water efficiency features. A A ER GR ENPRIN Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#15-1991 Agenda Date: 12/17/2015 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Review request submitted by Ruth Eckerd Hall, Inc. for the suspension of Reserve Fund payments required by the Capitol Theatre Operating Agreement until 2020 and provide direction. SUMMARY: Ruth Eckerd Hall, Inc. has submitted a formal request to suspend payments to the Reserve Fund until 2020. The Capitol Theatre Operating Agreement required a Reserve Fund to be used to the meet the costs of operation and maintenance of, and to pay for city approved capital improvements to the Capitol Theatre to the extent there are insufficient gross revenues generated at the Capitol Theatre. This is to be established through deposits made by Ruth Eckerd Hall, Inc (REH). The initial Operating Agreement required $3,000,000. This amount was reduced to $2,750,000 when the Fifth Amendment to the Operating Agreement was approved in December, 2014. To date, the City has received $1,250,000. The next installment payment of $500,000 to the Reserve Fund is due on December 17, 2015. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 12/17/2015 [GM15-1801-127/177969/1]1 6th Amendment to Capitol Theatre Operating Agreement SIXTH AMENDMENT TO CAPITOL THEATRE OPERATING AGREEMENT THIS SIXTH AMENDMENT TO CAPITOL THEATRE OPERATING AGREEMENT (the “Sixth Amendment”), made and entered into this _____ day of ____________, 2015, by and between CITY OF CLEARWATER, a municipal corporation, whose mailing address is: Attn: William B. Horne II, City Manager, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as "City", and Ruth Eckerd Hall, Inc., a Florida not-for-profit corporation, whose mailing address is: Attn: Zev Buffman, 1111 McMullen-Booth Road, Clearwater, FL 33759 hereinafter referred to as "REH"; WHEREAS, the City and REH entered into the Capitol Theatre Operating Agreement dated September 20, 2012, herein after referred to as “ the Agreement”; and WHEREAS, City and REH established an operating reserve fund for the term of the Agreement and provided for the disbursement of funds from the operating reserve fund in order to ensure the Capitol Theatre Facility is well maintained as provided in Section 11 of the Agreement; and WHEREAS, REH experienced unexpected expenses for the maintenance of Ruth Eckerd Hall and construction of the Capitol Theatre; and WHEREAS, REH and the City agreed to the Third Amendment to the Agreement dated January 24, 2014, to allow the initial One Million Dollar ($1,000,000) deposit into the Reserve Fund to be made over a period of one year, which payments were completed in December 2014; and WHEREAS, pursuant to Section 11 of the Agreement as Amended, REH was required to pay $500,000.00 into the Reserve Fund by the first anniversary of the Reserve Fund(December 17, 2014); and WHEREAS, the City and REH agreed to the Fifth Amendment to the Agreement dated December 5th, 2014 which modified the Section 11 requirement to reduce the First Anniversary payment to $250,000.00 to be paid in ten (10) equal payments of $25,000. The first payment was made on December 31, 2014. The last payment was made on September 17, 2015; and WHEREAS, the Fifth Amendment also amended Section 11(d) of the Agreement to accelerate the review of the Reserve Fund to after the Third Anniversary of the Reserve Fund and every five years thereafter; and [GM15-1801-127/177969/1]2 6th Amendment to Capitol Theatre Operating Agreement WHEREAS, pursuant to Section 11 of the Agreement as Amended, REH was required to pay $500,000.00 into the Reserve Fund by the second anniversary of the Reserve Fund (December 17, 2015); and WHEREAS, REH has requested to modify the scheduled payments to the Reserve Fund; and WHEREAS, the City and REH agree to this Sixth Amendment to the Agreement to modify Section 11 to reduce the Second Anniversary payment to $250,000.00 and increase the Third Anniversary payment to $250,000.00 to be paid in 10 consecutive monthly payments of $25,000.00 commencing January 19th 2016. WHEREAS, THE City and REH desire to revise the time frame for the first and subsequent Reserve Fund reviews; now, therefore: Section 1.The parties agree to amend Section 11 the Agreement as amended as follows: 11. Operating Reserve Fund. In order to provide assurance that the commitment of City and REH will meet the needs of the community in the future as a result of a well operated and maintained facility, and to fulfill REH’s obligation to provide funds for such purposes, City shall create and administer, and REH shall fund an operating reserve fund ( the “Reserve Fund”) meeting the following requirements. (a)Contributions to the Reserve Fund. Prior to obtaining a certificate of Occupancy for the renovated Capitol Theatre Facility from City, REH will deposit the sum of One Hundred Thousand Dollars ($100,000) with the City which deposit will be held by the City in a Treasurer’s Escrow Agency Fund and designated the “Capitol Theatre Reserve Fund” or “Reserve Fund”. Receipt of such payment is hereby acknowledged. Commencing April 17th 2014 and on the 17th of each month thereafter through and including December 2014, REH will deposit the sum of One Hundred Thousand Dollars ($100,000) with the City which deposit will be held by the City in the Capitol Theatre Reserve Fund. Additionally, following the first anniversary of the creation of the Reserve Fund, REH shall deposit $250,000.00 in ten equal monthly payments of $25,000.00, The first payment shall be made on December 31, 2014. Subsequent payments will be made on the 17th day of each month beginning January 17, 2015 and ending on September 17, 2015. Receipt of such payment is hereby acknowledged. On the second anniversary of the creation of the Reserve Fund, REH will add an additional Two [GM15-1801-127/177969/1]3 6th Amendment to Capitol Theatre Operating Agreement Hundred Fifty Thousand Dollars ($250,000.00) to the Reserve Fund, however, the parties agree that REH will have until January 19th 2016 to make the 2nd anniversary payment. Commencing with the third anniversary of the creation of the Reserve Fund, REH shall deposit $250,000.00 in ten equal monthly payments of $25,000.00, The first payment shall be made on December 17th, 2016. Subsequent payments will be made on the 17th day of each month ending on September 17, 2017, so that prior to the fourth anniversary (December 17, 2017) REH will have deposited a total of One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) into the Reserve Fund. Beginning with the fourth anniversary of the creation of the Reserve Fund and each year thereafter until the thirteenth anniversary, REH will add One Hundred Thousand Dollars ($100,000) to the Reserve Fund, subject to the review referred to in subsection (d) below. Investment earnings on funds credited to the Reserve Fund shall be credited to and retained in the Reserve Fund. * * * * * (d) Fourth Year Review. Since both parties agree that the initial Reserve Fund amount was an estimate not based on any historical data, City and REH will meet within sixty (60) days of the end of the third anniversary of the Reserve Fund (December 17, 2016) to review the status of the Reserve Fund. The purpose of the review will be to see how the monies in the Reserve Fund have been utilized over the three (3) year period and to determine whether the balance in the Reserve Fund needs to be increased or decreased and whether there is a need for the One Hundred Thousand Dollar ($100,000) contributions to the Reserve Fund to be increased or decreased past the fourth (4th) year. In making a decision on these issues, the following factors will be considered by City and REH: 1.Actual historical operating statements for the three (3) preceding years. 2.A set of future projections more factually estimating the realistic and practical reserve level needed taking into account historical and anticipated increases in the Cost of Operation and Maintenance and Capital Improvement needs. City recognizes that retaining monies in the Reserve Fund is intended to provide protection for the continued operation of the Capitol Theatre so its intended community purpose can be achieved. If based on the review City determines a reduction in the deposits set forth in 11(a), Reserve Fund will not risk the intended objective of maintaining a successful performing arts theater, such adjustment shall be made within [GM15-1801-127/177969/1]4 6th Amendment to Capitol Theatre Operating Agreement thirty (30) days of the determination. If based on the review City believes additional monies are to be contributed to the Reserve Fund by REH, REH will contribute the amount estimated to meet the needs for operations and maintenance over the following five year period within sixty (60) days of City’s request. 3.During the term of the Agreement, each five (5) years after the first three(3) year review, City and REH shall meet to review the status of the Reserve Fund and follow the process set out in 11(c) to determine if changes should be made to the monies in the Reserve Funds. 4.Upon termination of the Agreement, any funds remaining in the Reserve Fund which are not required to meet REH’s obligations under this Agreement shall be the property of REH. Section 2. This amendment will become effective upon adoption by the City Council. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. RUTH ECKERD HALL, INC., a Florida non-profit corporation ____________________________By:_____________________________ Witness - Signature Name:__________________________ Title:____________________________ ____________________________ Witness - Print Name Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________By:__________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk