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05/05/2016Thursday, May 5, 2016 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda May 5, 2016City 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 cell phones and other electronic 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 EMS Week 2016 Proclamation - Todd Connors, Assistant Chief of EMS 4.2 Public Works Week is 5/15-21/16 Proclamation 4.3 SkyTran Presentation - Tom Nocera 4.4 Swim Across America Day Proclamation - Rob Shapiro, Swim Across America 4.5 Relay for Life Weekend Proclamation - Anne Fogarty France, Economic Development & Housing 5. Approval of Minutes 5.1 Approve the minutes of the April 21, 2016 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda Page 2 City of Clearwater Printed on 5/4/2016 May 5, 2016City Council Meeting Agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve the final plat for Alexander at Countryside, whose physical address is 2506 Countryside Boulevard, located on the South-Westerly corner of Countryside Boulevard and Enterprise Road, South of S.R. 580 and East of Belcher Rd. (consent) 7.2 Approve a Blanket Purchase Order with Xylem, Inc. of Apopka, FL, in the annual amount of $200,000.00 with the option for two, one-year term extensions for the purchase of Flygt Pumps, replacement parts, and factory authorized service effective June 1, 2016, and authorize the appropriate officials to execute same. (consent) 7.3 Approve a Cooperative Agreement between Pinellas County and the Cities of Clearwater and Dunedin for the development of a Comprehensive Watershed Master Plan (WMP) of Curlew Creek in the amount of $70,325.81 and authorize the appropriate officials to execute same. (consent) 7.4 Approve a 30-year Lease between the City of Clearwater and Clearwater Beach Seafood, Inc., to operate a full service restaurant at 37 Causeway Blvd., approve the license to utilize square footage west of the lease footprint for additional outdoor seating, and authorize the appropriate officials to execute same. (consent) 7.5 Award a contract (purchase order) for Copying and Printing Services to GLEM Inc DBA Sir Speedy Printing and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing Page 3 City of Clearwater Printed on 5/4/2016 May 5, 2016City Council Meeting Agenda 8.1 Adopt Ordinance 8805-16 on second reading, amending the city’s Comprehensive Plan by amending the Future Land Use Plan element updating the concurrency management system and allowing for non-contiguous annexations; amending the transportation element, establishing multi-modal design features; amending the coastal management element; amending the intergovernmental coordination element; amending the capital improvements element; and updating various terms and references. 8.2 Adopt Ordinance 8806-16 on second reading, amending Appendix A of the Code of Ordinances, renaming the Transportation Fee as the Multi-Modal Impact Fee, amending Division 9; amending Article 8; and replacing various “City Commission” references with “City Council.” 8.3 Adopt Ordinance 8847-16 on second reading, annexing certain real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, together with certain rights-of-way of Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 8.4 Adopt Ordinance 8848-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU) and Preservation (P). 8.5 Adopt Ordinance 8849-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). 8.6 Adopt Ordinance 8850-16 on second reading, annexing certain real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, together with certain rights-of-way of Sunset Point Road and Douglas Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. Page 4 City of Clearwater Printed on 5/4/2016 May 5, 2016City Council Meeting Agenda 8.7 Adopt Ordinance 8851-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 8.8 Adopt Ordinance 8852-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.9 Adopt Ordinance 8853-16 on second reading, annexing certain real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, together with all abutting right-of-way of Sunset Point Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 8.10 Adopt Ordinance 8854-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). 8.11 Adopt Ordinance 8855-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.12 Adopt Ordinance 8865-16 on second reading, annexing certain real property whose post office address is 1790 McCauley Road, Clearwater, Florida 33765 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 8.13 Adopt Ordinance 8866-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1790 McCauley Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Estate (RE). 8.14 Adopt Ordinance 8867-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1790 McCauley Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Page 5 City of Clearwater Printed on 5/4/2016 May 5, 2016City Council Meeting Agenda 8.15 Adopt Ordinance 8868-16 on second reading, annexing certain real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, together with the abutting right-of-way of Lynn Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 8.16 Adopt Ordinance 8869-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). 8.17 Adopt Ordinance 8870-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.18 Adopt Ordinance 8871-16 on second reading, annexing certain real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. 8.19 Adopt Ordinance 8872-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL). 8.20 Adopt Ordinance 8873-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.21 Adopt Ordinance 8874-16 on second reading, annexing certain real property whose post office address is 1484 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. 8.22 Adopt Ordinance 8875-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1484 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). Page 6 City of Clearwater Printed on 5/4/2016 May 5, 2016City Council Meeting Agenda 8.23 Adopt Ordinance 8876-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1484 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.24 Adopt Ordinance 8897-16 on third reading, annexing certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 8.25 Adopt Ordinance 8899-16 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 8.26 Adopt Ordinance 8898-16 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). 9. City Manager Reports 9.1 Amend Council Rule 15, Rules of Decorum, to reflect new title, Rules of Conduct and adopt Resolution 16-13. 9.2 Review Council Policies and provide direction. 10. City Attorney Reports 11. Closing comments by Councilmembers (limited to 3 minutes) 12. Closing Comments by Mayor 13. Adjourn Page 7 City of Clearwater Printed on 5/4/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2373 Agenda Date: 5/5/2016 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: EMS Week 2016 Proclamation - Todd Connors, Assistant Chief of EMS SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2375 Agenda Date: 5/5/2016 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: Public Works Week is 5/15-21/16 Proclamation SUMMARY: David Porter (Public Utilities) Earl Gloster (Solid Waste) Brian Langille (Gas) Melvin Maciolek (Engineering) APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2376 Agenda Date: 5/5/2016 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: SkyTran Presentation - Tom Nocera SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 PRESENTATION TO THE CITY OF CLEARWATER MAY 5, 2016 THE BEACHTRAN SOLUTION A PROPOSAL BY THOMAS E. NOCERA, B.S./M.A "I DON'T BELIEVE IN TAKING FOOLISH CHANCES. BUT NOTHING CAN BE ACCOMPLISHED BY NOT TAKING ANY CHANCE AT ALL." Charles Augustus Lindbergh OUR #1 PROBLEM THE BEST SOLUTION ABOUT ME EDUCATION: LARGO HIGH 3 COLLEGE DEGREES INCLUDING B.S. IN AEROSPACE MANAGEMENT & M.A. IN COMMUNICATIONS SECOND JOB: ASSOCIATE ENGINEER ON THE LAUNCH CREW FOR APOLLO 11 LAST JOB: LEAD PUBLIC AFFAIRS OFFICER FOR U.S. SMALL BUSINESS ADMINISTRATION OFFICE OF DISASTER ASSISTANCE CURRENT POSITION: MANAGING MEMBER FOR BEACHTRAN™ USA, LLC MY CONCLUSIONS: 1.) FORM A PRIVATE - PUBLIC PARTNERSHIP TO ALLOW BOTH CLEARWATER'S TAXPAYERS & OUR VISITORS TO WIN 2.) BUILD A PERSONAL RAPID TRANSIT (PRT) SYSTEM UTILIZING SKYTRAN'S PATENTED TECHNOLOGY 3.) BRAND THIS NEW KIND OF TRANSIT SYSTEM AS "SMART, FAST & FUN" ABOUT BEACHTRAN™ We've studied the technologies SkyTran offers the best solution to our beach traffic problem We've brought Jerry Sanders skyTran's Chairman and CEO to Clearwater to make presentations WHAT I LIKE ABOUT SKYTRAN'S TECHNOLOGY "Passive" MagLev SKYTRAN'S TECHNOLOGY IS: Green - Solar Powered Quiet, quick to erect Economical (operates on demand) System is easily expandable Made in USA - Maybe here* OUR TARGET DATE TO BE OPERATING: December 24, 2018* BENEFITS TO CLEARWATER'S TAXPAYERS ✔ Relief from the disruptive traffic congestion in 2 years! ✔ A new, green, high tech, fast, safe, economical and fun way to get to the beach without frustration 24/7/365! ✔ No burden on taxpayers! It will be a locally owned and operated enterprise like the Jolley Trolley & Clearwater Ferry BENEFITS TO CLEARWATER'S TOURISM ✔ Can be expanded to serve PIE and TPA as well as North Beach, Sand Key and points south ✔ Will become part of our city's brand - complementing our "sugar sand" and CMA ✔ A catalyst for our downtown TO MEET OUR 2018 SCHEDULED OPENING: 1.) A Resolution in Support of our moving forward and requesting the MPO update its existing study on the bridge's feasibility to accommodate a skyTran™ designed system to be installed over it. 2.) Use of the city's drone to help select the optimal "pelican's eye view" height to fly above the bike trail along Memorial Causeway. WHAT WE'LL NEED AFTER THE STUDY 1.) Your help locating stations convenient to parking along Court St. (The St.Pete Times property would be ideal for a station and "hangar" designed within a parking garage 2.) Other stations + garage location further east on Court Street 3.) Your consideration of allowing BeachTran™ an opportunity to revitalize the Haborview Center as our initial downtown boarding station and initial hanger THROUGHOUT THE CENTURIES THERE WERE MEN WHO TOOK FIRST STEPS, DOWN NEW ROADS, ARMED WITH NOTHING BUT THEIR OWN VISION. Ayn Rand BE BOLD, THINK BIG. LET 21ST CENTURY TECHNOLOGY HELP SET THE COURSE FOR CLEARWATER'S NEXT 100 YEARS. Tom Nocera "I'VE SEEN IT WORK, IT'S WHAT WE NEED! GO WITH IT!" Zev Buffman NOW FOR THE BIG CLOSING THANK YOU FOR THIS OPPORTUNITY TO INFORM CLEARWATER OF THE BEST SOLUTION FOR BEACH TRAFFIC NOW FOR YOUR QUESTIONS Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2377 Agenda Date: 5/5/2016 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: Swim Across America Day Proclamation - Rob Shapiro, Swim Across America SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2379 Agenda Date: 5/5/2016 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: 4.5 SUBJECT/RECOMMENDATION: Relay for Life Weekend Proclamation - Anne Fogarty France, Economic Development & Housing SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2393 Agenda Date: 5/5/2016 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the April 21, 2016 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 City Council Meeting Minutes April 21, 2016 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, April 21, 2016 6:00 PM Council Chambers City Council Page 1 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 Roll Call Present: 5 - Mayor George N. Cretekos, Councilmember Bill Jonson, Councilmember Doreen Caudell, Councilmember Hoyt Hamilton and Councilmember Bob Cundiff Also Present: William B. Horne II – City Manager, Jill S. Silverboard – 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 meet was called to order at 6:00 p.m. at City Hall. 2. Invocation – Rev. Bob Brubaker from Christ Community Presbyterian Church 3. Pledge of Allegiance – Councilmember Hamilton 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 April Service Awards One service award was presented to a city employee. 4.2 Nall Lumber Company Day Proclamation, April 22, 2016 - Carroll Nall and family 4.3 Arbor Day Proclamation, April 30, 2016 - Jim Halios, P&R Department 4.4 Civitan Awareness Month Proclamation, April 2016 - David Seabrooks, Civitan International 4.5 Drinking Water Week Proclamation, May 1-7, 2016 - David Porter, Public Utilities Director 4.6 National Landscape Architecture Month Proclamation, April 2016 - John Del Vitto, American Society of Landscape Architecture (Tampa Chapter) Page 2 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 4.7 City Employee Basketball Winter League Award Presentation - Regina Novak, P&R 5. Approval of Minutes 5.1 Approve the minutes of the April 7, 2016 City Council Meeting and the March 30, 2016 Special City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Jonson moved to approve the minutes of the April 7, 2016 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Councilmember Caudell the March 30, 2016 Special City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Howard Warshauer said the Clearwater Neighborhoods Coalition’s mission this year is to help neighborhoods in Clearwater revitalize. The Coalition recently conducted a survey; survey results will be reviewed on May 2, 2016 at St. Paul’s Lutheran Church at 7:00 p.m. Daniel Maharaj expressed concerns with the groundwater replenishment project and impact the project may have with the hydrogeology. 7. Consent Agenda – Approved as submitted. 7.1 Approve a contract (purchase order) with APG Electric, Inc. for services necessary for the City’s compliance with the requirements of the National Fire Protection Association Standard, NFPA 70E, Handbook for Electrical Safety in the Workplace, 2015 edition, price not to exceed $530,219; and authorize the appropriate officials to execute same. (consent) 7.2 Approve an annual blanket purchase order (contract) to Florida Gas Contractors, Inc., in the amount of $3,700,000, with the option for two, one-year term extensions to provide the installation of natural gas mains and service lines (ITB 11-16), and authorize the appropriate officials to execute same. (consent) 7.3 Approve a construction agreement with CSX Transportation of Jacksonville, Florida in the amount of $374,644.00 for the establishment of a quiet zone along the CSX railroad line between Lakeview Road and Drew Street and authorize the appropriate Page 3 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 officials to execute same. (consent) 7.4 Approve Change Order 1 to Layne Inliner, LLC for Sewer Cleaning and Televising Inspection in the amount of $840,000; Change Order 1 to Hinterland Group, Inc. for Trenchless Repairs of the Sanitary Sewer Collection System in the amount of $360,000 and authorize the appropriate officials to execute same. (consent) 7.5 Approve the Contract for Purchase of Real Property by the City of Clearwater (Purchase Contract) of certain real property owned by Clearwater Christian College Private School, Inc. and Easterland Properties, LLC, with a purchase price of $1,360,000 and total expenditures not to exceed $1,400,000 and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 7.6 Approve a work order to Engineer- of- Record (EOR) Brown and Caldwell of Tampa, FL in the amount of $178,849 for engineering services associated with the Marshall Street Water Reclamation Facility (WRF) Odor Control System and authorize the appropriate officials to execute same. (consent) 7.7 Approve the First Amendment to the agreement between the City of Clearwater and the Clearwater Ferry Services, Inc. (FERRY) extending the Time of Performance for the reimbursement through July 4, 2016 at no additional cost to the City and authorize the appropriate officials to execute same. (consent) 7.8 Approve a work order to Engineer of Record (EOR) Tetra Tech, Inc. in the amount of $99,980 for the Reclaimed Booster Pump Station Chlorine Control Improvements Project (16-0001-UT) and authorize the appropriate officials to execute same. (consent) 7.9 Award a contract for professional services pursuant to Request for Proposals (RFP) 04-16 to HR and A Advisors, Inc. for the Imagine Clearwater: Downtown Waterfront Master Plan Project as described in the Scope of Services for a lump sum fee of $378,000, and authorize the appropriate officials to execute same. (consent) 7.10 Approve a Blanket Purchase Order (contract) to Water Specialists Technologies LLC of Sanford, FL in the amount of $183,700.00 for the purchase of copper precipitant TR-50 for a one-year period, May 1, 2016 through April 30, 2017, and authorize the appropriate officials to execute same. (consent) 7.11 Approve an annual blanket purchase order (contract) to H and H Liquid Sludge Disposal, Inc. of Branford, FL, in the annual amount of $596,400.00, with the option for two, one-year term extensions for the purchase of biosolids services (ITB 21-16), and authorize the appropriate officials to execute same. (consent) 7.12 Reappoint Denise L. Rosenberger to the Airpark Advisory Board with a term to expire April 30, 2020. (consent) Page 4 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 7.13 Appoint Kristin Langley to the Parks and Recreation Board to fill the remainder of an unexpired term through May 31, 2018. (consent) 7.14 Appoint councilmembers as representatives to serve on Regional and Miscellaneous Boards. (consent) 7.15 Request authority to institute a civil action on behalf of the City against Gulfcoast Concrete Service, Inc. to recover $704.36 for damages to city property. (consent) 7.16 Request for authority to institute a civil action on behalf of the City against Malcolmson Construction Company, Inc. to recover $1,692.42 for damages to city property. (consent) 7.17 Request for authority to institute a civil action on behalf of the City against Salser Construction, LLC to recover $7,671.23 for damages to city property. (consent) 7.18 Request for authority to institute a civil action on behalf of the City against GopowerFree, LLC to recover $565.09 for damages to city property. (consent) 7.19 Request for authority to settle the case of Bernadette Dean vs. City of Clearwater Case No. 14-009368-CI for $100,000. (consent) Councilmember Hamilton moved to approve the Consent Agenda 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 annexation, initial Future Land Use Map designation of Residential Estate (RE) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 1790 McCauley Road; and pass Ordinances 8865-16, 8866-16 and 8867-16 on first reading. (ANX2016-02004) This voluntary annexation petition involves one parcel of land totaling 1.25 acres. The parcel is occupied by a single family dwelling and is located on the west side of McCauley Road approximately 1,000 feet south of Sunset Point Road. The applicant is requesting annexation in order to receive solid waste service from the City. The property is not contiguous to existing city limits; however, it is in an enclave surrounded by city property on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the property be assigned a Page 5 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 Future Land Use Map designation of Residential Estate (RE) and the zoning category of Low Density Residential (LDR). 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 and sanitary sewer service from the City. Collection of solid waste 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 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Estate (RE) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. The Residential Estate (RE) designation primarily permits residential uses at a density of 1 unit per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR). The use of the subject property is consistent with the uses allowed in the Low Density Residential (LDR) District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan Page 6 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is not contiguous to City boundaries but is located in a Type A Enclave; therefore, the annexation is consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter 171.204. One individual spoke in opposition. In response to questions, the City Attorney said the item before the Council is a type A enclave annexation. The City has the ability to annex the property until proven otherwise. The City Manager said if annexed, the City will receive the property taxes to pay for the police calls required at the location. Planning and Development Director Michael Delk said the request before Council is consistent with the statutory allowance provided to the City. There are several hundred properties in the area that will be annexed during the next few years. The City of Clearwater is the established urban service provider in the area. Many of the voluntary annexation requests received are for solid waste services. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Estate (RE) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 1790 McCauley Road. The motion was duly seconded and carried unanimously. Ordinance 8865-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8865-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8866-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8866-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8867-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8867-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Page 7 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.2 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 2109 Burnice Drive and 2173, 2174, and 2185 Bell Cheer Drive; and pass Ordinances 8871-16, 8872-16 and 8873-16 on first reading. (ANX2016-02006) These voluntary annexation petitions involve four parcels of land totaling 1.029 acres. The parcels are occupied by single-family dwellings and are located generally south of Druid Road, east of South Hercules Avenue, north of Lakeview Road, and west of South Belcher Road. 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 Belcher Area Sewer System Extension Project. The properties located at 2109 Burnice Drive and 2174 Bell Cheer Drive are contiguous to existing City limits along at least one property boundary. The properties located at 2173 and 2185 Bell Cheer Drive are not contiguous to existing city limits; 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 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 Pinellas County. Collection of solid waste will be provided to the properties by the City. All of the applicants have paid the sewer impact fee in full, and will be connected to the City sewer system once it is available. The properties are located within Police District III 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 47 located at 1460 Lakeview Road. 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: 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 8 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 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 these properties. 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 uses 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 at 2109 Burnice Drive and 2174 Bell Cheer Drive are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. The properties proposed for annexation located at 2173 and 2185 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. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2109 Burnice Drive and 2173, 2174, and 2185 Bell Cheer Drive. The motion was duly seconded and carried unanimously. Ordinance 8871-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8871-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8872-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8872-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Page 9 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8873-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8873-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton, 8.3 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 1635 Sherwood Street; together with certain right-of-way of Lynn Avenue; and pass Ordinances 8868-16, 8869-16 and 8870-16 on first reading. (ANX2016-02005) This voluntary annexation petition involves a single parcel of land totaling 0.166 acres. The parcel is occupied by a single-family dwelling and is located on the southeast corner of Sherwood Street and Lynn Avenue. The applicant is requesting annexation in order to receive solid waste service from the City. The property is located in an enclave and is contiguous to existing city limits to the north, south, east and west. The Development Review Committee is proposing that the 0.268 acres of abutting Lynn Avenue right-of-way not currently within the city limits also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently receives water and sewer service from the City. 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 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 10 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 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 property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the 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 north, south, east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1635 Sherwood Street; together with certain right-of-way of Lynn Avenue. The motion was duly seconded and carried unanimously. Ordinance 8868-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8868-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8869-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8869-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8870-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8870-16 on first reading. Page 11 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.4 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 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street as well as Preservation (P) Future Land Use Map designation and Preservation (P) Zoning Atlas designation for 1915 Macomber Avenue; together with certain Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue right-of-way; and pass Ordinances 8847-16, 8848-16 and 8849-16 on first reading. (ATA2016-02001) The City of Clearwater Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in unincorporated Pinellas County. Since 2013, 115 properties have voluntarily annexed into the City as a result of this project, which was completed in August 2015. The Planning and Development Department has identified an additional 13 parcels in the Idlewild/The Mall Septic-to-Sewer Project area with recorded ATAs that can be annexed into the City (see concurrent cases ATA2016-02002 and ATA2016-02003). This application includes nine of those properties that had agreements recorded between 2013 and 2015. The subject properties are occupied by nine detached dwellings on 1.289 acres of land. All properties are contiguous to existing city limits along at least one property boundary. The Development Review Committee is proposing that 2.345-acres of right-of-way not currently within the City also be annexed, including portions of Aloha Lane, Poinsetta Avenue, Sheridan Road, Douglas Avenue and Union Street. It is proposed that all properties be assigned the Future Land Use Map designation of Residential Urban (RU) and that 1915 Macomber Avenue also be assigned the Preservation (P) designation. The properties will be assigned the Low Medium Density Residential (LMDR) zoning category, while 1915 Macomber Avenue will also be assigned the Preservation (P) zoning category. 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: • All of the properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. Eight of the parcels have already been connected to the City’s sanitary sewer system. The owner of the remaining parcel, 1212 Sheridan Road, is aware that the City’s sewer impact and assessment fees must Page 12 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 be paid in full in order to connect and of 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 these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties 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. Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. 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 proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The Preservation (P) future Land Use category on 1915 Macomber Avenue is consistent with the current Preservation (P) boundary which was placed on the Countywide Plan Map to recognize the watershed and drainage features on the property. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District, while 1915 Macomber Avenue will also be assigned the Preservation (P) District. The use of the subject properties is consistent with the uses allowed in the District and eight of the properties exceed the District’s minimum dimensional requirements. The property located at 1915 Macomber Avenue meets the District’s minimum dimensions through the Flexible Development requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing City limits along at least one property boundary. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Caudell moved to approve the annexation, initial Page 13 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street as well as Preservation (P) Future Land Use Map designation and Preservation (P) Zoning Atlas designation for 1915 Macomber Avenue; together with certain Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue right-of-way. The motion was duly seconded and carried unanimously. Ordinance 8847-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8847-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8848-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8848-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8849-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8849-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.5 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 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road; together with certain Sunset Point Road and Douglas Avenue right-of-way; and pass Ordinances 8850-16, 8851-16 and 8852-16 on first reading. (ATA2016-02002) The City of Clearwater Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in unincorporated Pinellas County. To date, 124 properties have voluntarily annexed into the City as a result of this project, including the nine properties Page 14 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 annexed through ATA2016-02001 (also on this City Council agenda). This application includes three properties in the Idlewild/The Mall Septic-to-Sewer Project area that had agreements recorded between 2011 and 2014 which can now be annexed into the City. The subject properties are occupied by three detached dwellings on 0.477 acres of land. All properties are contiguous to existing city boundaries in at least one direction. The Development Review Committee is proposing that 0.677-acres of Sunset Point Road and Douglas Avenue right-of-way not currently within the City also be annexed. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a 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: • All of the properties currently receive water and sewer service from the City. Collection of solid waste will be provided to the properties by the City. 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 these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; 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. Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. 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 proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 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 all of the properties exceed the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Page 15 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 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 annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Caudell moved to 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 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road; together with certain Sunset Point Road and Douglas Avenue right-of-way. The motion was seconded and carried unanimously. Ordinance 8850-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8850-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8851-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8851-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8852-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8852-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.6 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) for 1224 Sunset Point Road and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District; together with certain Sunset Point Road right-of-way; and pass Ordinances 8853-16, 8854-16 and 8855-16 on first reading. (ATA2016-02003) The City of Clearwater Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in Page 16 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 unincorporated Pinellas County. To date, 127 properties have voluntarily annexed into the City as a result of this project, including the nine properties annexed in through ATA2016-02001 and the three properties annexed in through ATA2016-02002 (both also on this City Council agenda). This application includes one property in the Idlewild/The Mall Septic-to-Sewer Project area with an ATA recorded in 2014 that can now be annexed into the City. This application consists of one property, which is occupied by one detached dwelling on 0.121 acres of land and is contiguous to existing city boundaries to the west. The Development Review Committee is proposing that 0.075-acres of Sunset Point right-of-way not currently within the City also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a 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: • This property currently receives water and sewer service from the City. Collection of solid waste will be provided to the property by the City. The parcel has already been connected to the City’s sanitary 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 these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; 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. Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. 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 proposed Residential Urban (RU) 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 7.5 units per acre. The proposed zoning district to be assigned to the Page 17 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the 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. Therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) for 1224 Sunset Point Road and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District; together with certain Sunset Point Road right-of-way. The motion was duly seconded and carried unanimously. Ordinance 8853-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8853-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8854-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8854-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8855-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8855-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.7 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 1712 Grove Drive; and pass Ordinances 8897-16, 8898-16 and 8899-16 on second reading. (ANX2014-10021) This annexation request was passed on first reading on December 8, 2014 and involves a 0.193-acre property consisting of one parcel located on the west Page 18 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 side of Grove Drive approximately 330 feet north of State Road 590. The property is located within an enclave and is contiguous to existing city boundaries to the north, south, east and west. Second reading of this annexation request was delayed because the applicant was constructing a single family home on this parcel under the County’s jurisdiction. The construction has been completed and a Certificate of Occupancy issued so second reading can now take place. A Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR) were approved for the property on first reading. Due to the amount of time that has lapsed since that hearing, new ordinance numbers have been assigned to reflect the current year (previous Ordinance numbers: 8627-15, 8628-15 and 8629-15), so a third and final reading will also be scheduled at the May 5, 2016 meeting. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1712 Grove Drive. The motion was duly seconded and carried unanimously. Ordinance 8897-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8897-16 on second reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8898-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8898-16 on second reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8899-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8899-16 on second reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.8 Approve the annexation, initial Future Land Use Map designation of Residential Low Page 19 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1484 Grove Circle Court; and pass Ordinances 8874-16, 8875-16 and 8876-16 on first reading. (ANX2016-02007) This voluntary annexation petition involves a 0.233-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Grove Circle Court, approximately 170 feet west of North Highland Avenue. The applicant is 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 property is contiguous to existing city boundaries to the east and west. 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 City. Collection of solid waste will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the sewer impact fee that must be paid in full in order to connect, as well as the financial incentives available. 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 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 Page 20 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 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 the existing City boundaries to the east and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1484 Grove Circle Court. The motion was duly seconded and carried unanimously. Ordinance 8874-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8874-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8875-16 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8875-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Ordinance 8876-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8876-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.9 Approve a request for termination of a Development Agreement as amended between the City of Clearwater and Clearwater Christian Private School Inc.; authorize the City Council and all appropriate officials to execute the Termination and Release of the Development Agreement as Amended; and adopt Resolution 16-05. Clearwater Christian College Private School, Inc., the property owner, Page 21 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 previously requested amendments to the City’s Future Land Use Map and Zoning Atlas, which were approved by City Council in October 2010 (LUZ2010-06002). The 2010 amendments increased the amount of area designated Institutional (I) on the City’s Future Land Use Map and Zoning Atlas (expanded Institutional area) in order to accommodate growth of the college. Concurrent with the map amendments, City Council also approved a development agreement, which establishes a master plan for the developed portion of the property, and sets forth certain encumbrances as outlined below (DVA2010-06001, as amended). The property owner has received several extensions to the development agreement in order to seek approval of the final jurisdictional line as required in the agreement, with the most recent extension providing until January 23, 2017 to receive such approval. The City has entered into contract negotiations to purchase approximately 111 acres of property from Clearwater Christian College, including a large portion, which is governed by the Development Agreement, as amended. Purchasing the property would create an opportunity for the City to provide water quality benefits to Tampa Bay, an impaired waterbody with a federally-recognized Total Maximum Daily Load (TMDL) for Nitrogen, through future water quality improvement projects. While the projects envisioned will differ from those outlined within the agreement as part of the Mitigation Plan, the overall outcome and Bay benefits realized will be the same. The City would like to remove the encumbrances in place through the development agreement prior to purchasing the property from the college. For this reason, the City and college are requesting a mutual, conditional termination of the development agreement, conditioned upon the City’s purchase of a portion of the college’s land. Additionally, the purchase contract is subject to the termination of the development agreement. Key provisions of the agreement, as amended, are highlighted below: • Establishes a Master Plan Area (28.55 acres) and a Mitigation Area (102.5 acres); • Restricts development of the property to a maximum of 750 dormitory beds and a maximum FAR of 0.169; • Requires the Developer to seek approval from the appropriate state and federal agencies (Southwest Florida Water Management District, Florida Department of Environmental Protection, U.S. Army Corps of Engineers) for an approved mitigation plan in the Mitigation Plan Area prior to the issuance of land clearing and building permits; • Requires the City to process the amendments to the future land use map and zoning designations under LUZ2010-06002; and • Requires that, in the event of termination, the property be returned to its current future land use map and zoning designations (prior to LUZ2010- 06002) Page 22 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 Termination of a Development Agreement: The City of Clearwater and Clearwater Christian College are requesting a mutual, conditional termination of the development agreement, conditioned upon the City’s purchase of a portion of the college’s land, pursuant to section 163.3237, Florida Statutes. The Community Development Board will review the proposed termination at its April 19, 2016 meeting and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Planning Manager Lauren Matzke said the Community Development Board unanimously recommended approval at yesterday's meetings. Councilmember Caudell moved to approve a request for termination of a Development Agreement as amended between the City of Clearwater and Clearwater Christian Private School Inc.; authorize the City Council and all appropriate officials to execute the Termination and Release of the Development Agreement as Amended. The motion was duly seconded and carried unanimously. Resolution 16-05 was presented and read by title only. Councilmember Cundiff moved to adopt Resolution 16-05. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.10 Approve a Future Land Use Map Amendment from the Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature designations to the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature designations for property located at 3400 Gulf-to-Bay Boulevard; and pass Ordinance 8895-16 on first reading. (LUP2016-03003) The subject site is comprised of four parcels of land 131.05 acres in area. It is located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The property is owned by Clearwater Christian College Private School, Inc, and is occupied by the college’s facilities (now closed). The City and college are requesting a mutual, conditional termination of the development agreement governing the site (DVA2016, as amended), Page 23 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 conditioned upon the City’s purchase of a portion of the college’s land (request being considered concurrently with this case). The original development agreement states that upon termination, the property shall return to its current [as of the time of execution of the development agreement] future land use and zoning designations. Therefore, the City is initiating amendments to the Future Land Use Map to amend the future land use designations for the parcels from the Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories to the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories in order to comply with this provision (refer to concurrent case REZ2016-03003). 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, the Countywide Plan Rules, and the Community Development Code. • 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 large-scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is also required. The Community Development Board will review the proposed amendments at its April 19, 2016 meeting and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. In response to questions, Planning Manager Lauren Matzke said a majority of the property will be designated Preservation with a water drainage feature, consistent with the bayou and wetlands in the area. Some portions would change to Commercial General Residential Low; some areas that are wetlands would change to Institutional because the City is required to Page 24 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 reinstitute the prior designations. Ms. Matzke said upon purchase of the property, the City would be able to process administrative adjustments to the future land use map for the portions of the property it owns and change the designations to Preservation, which would be more consistent with the wetlands characteristics. Councilmember Hamilton moved to approve a Future Land Use Map Amendment from the Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature designations to the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature designations for property located at 3400 Gulf-to-Bay Boulevard. The motion was duly seconded and carried unanimously. Ordinance 8895-16 was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance 8895-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 8.11 Approve a Zoning Atlas Amendment from the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts for property located at 3400 Gulf-to-Bay Boulevard; and pass Ordinance 8896-16 on first reading. (REZ2016-03003) The subject site is comprised of four parcels of land 131.05 acres in area. It is located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The property is owned by Clearwater Christian College Private School, Inc, and is occupied by the college’s facilities (now closed). The City and college are requesting a mutual, conditional termination of the development agreement governing the site (DVA2016, as amended), conditioned upon the City’s purchase of a portion of the college’s land (request being considered concurrently with this case). The original development agreement states that upon termination, the property shall return to its current [as of the time of execution of the development agreement] future land use and zoning designations. Therefore, the City is initiating amendments to the Zoning Atlas to amend the zoning designations for the parcels from the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts in order to comply with this provision (refer to concurrent case LUP2016-03003). Page 25 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 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, the Countywide Plan Rules, and the Community Development Code. • 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. The Community Development Board will review the proposed amendments at its April 19, 2016 meeting and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Councilmember Caudell moved to approve a Zoning Atlas Amendment from the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts for property located at 3400 Gulf-to-Bay Boulevard. The motion was duly seconded and carried unanimously. Ordinance 8896-16 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 8896-16 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 9. City Manager Reports 9.1 Approve a scope of services for AECOM as Engineer of Record for the design, engineering and production of construction documents and all related design services for permitting for specified tasks identified in the Clearwater North Marina Area Master Plan. This scope will encompass the following key elements of the North Marina Page 26 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 Master Plan (NMMP): existing parking area and Seminole Street modifications; waterfront boardwalk; Pinellas Trail connection; new boat and trailer parking lot; new car parking lot; new floating docks; new landscape and green space improvements including enhanced stormwater treatment; and conceptual design for enhancements to the existing park land owned by West Coast Inland Navigation District (WCIND). AECOM will prepare and submit permit applications, plans and supporting documents to the appropriate agencies or departments for review and approval. The project goal is to improve the infrastructure of the Old Bay/North Marina area. These proposed improvements will provide users of the north marina as well as the surrounding community with enhanced parking, upgraded features to promote increased use by residents and other users, and aesthetic improvements with landscaping and proposed park amenities. Coupled with other regulatory changes, these improvements will encourage private sector investment and expanded use in a manner to complement community, encourage additional area resident use, provide greater amenities, and utilize sustainable features as an integral component of design. For these and other reasons, it is recommended that the City Council approve the scope of services for Engineer of Record AECOM for the work outlined. APPROPRIATION CODE AND AMOUNT: A mid-year budget amendment will transfer General Fund reserves to special program 181-99888, ULI Report Implementation, in the amount of $375,000 to fund this contract. USE OF RESERVE FUNDS: Funding for this contract will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of $375,000 to special program 99888, ULI Report Implementation. Inclusive of this item if approved, a net total of $1,918,646 of General Fund reserves has been appropriated by Council to fund expenditures in the 2015/16 operating budget. The remaining balance in General Fund reserves is approximately $29.8 million, or 23.9% of the current General Fund operating budget. Planning and Development Director Michael Delk said related to this item, staff drafted an ordinance change that can apply to the north marina area that will accommodate hotel density and have assigned additional FAR to accommodate certain uses, such as restaurants. The Community Development Board unanimously recommended approving the draft ordinance, which will come before Council in May. In response to questions, Mr. Delk said the item before council is similar Page 27 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 to the items included in the Seminole Boat Ramp Improvements; the estimates will be refined as the detailed design construction contracts are finalized. The City Manager said at this point there is no recommendation for funding the implementation phase. Mr. Delk said staff will meet with DEP in two weeks; staff may structure the overall project into certain components. The Army Corps of Engineers will be involved with the dredging component. A concern was expressed that a conceptual funding source designation for the implementation has not been identified. Assistant City Manager Jill Silverboard said Council has already authorized staff to pursue a grant for the boat ramp improvements. The scope of this work encompasses public property the City is in control of. Staff is building the recommended budget for the coming year that will include 2nd century capital projects. One individual opposed the downtown redevelopment plan. Councilmember Caudell moved to approve a scope of services for AECOM as Engineer of Record for the design, engineering and production of construction documents and all related design services for permitting for specified tasks identified in the Clearwater North Marina Area Master Plan. The motion was duly seconded and upon the vote being taken: Ayes: 4 - Mayor Cretekos, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton Nays: 1 - Vice Mayor Jonson Motion carried. 9.2 Approve a Lease (No. 520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign submerged lands beneath Pier 60 through April 1, 2021, authorize the appropriate officials to execute same, and adopt Resolution 16-11. The 5-year lease renewal document prepared by the State for use of submerged land under Pier 60 terminated April 1, 2016. The lease premises underlay the Pier 60 footprint on Clearwater Beach and include 14,450 square feet, more or less, of state bottomlands. On February 1, 2016, the Marine and Aviation Department provided timely notice to the Department of Environmental Properties (DEP), Bureau of Public Land Administration of the City’s interest in renewing the subject lease for another five years. The renewal is processed after the new rates come out Page 28 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 annually in March. The lease remains substantially unchanged except for the annual Consumer Price Index increases. The City paid an annual lease fee for 2016/2017 of $5,607.08 on April 4, 2016, from the Pier 60 operating budget. The DEP bases this fee on a rate chart category of two times the aquatic preserve with natural shoreline. The charge was .343812 times the 14,450 square foot of bottomland. The cost of renewing the lease instrument for five years is $639.00. On January 1, 2006, the DEP implemented a new rule whereby all revenue taken in annually from April through March for fish admission, general admission, and fish passes must be reported. This amount is multiplied by 6% and the annual lease fee is subtracted from it. Any balance remaining is payment required back to the DEP. The income made on admission and fish passes from April 2015 through March 2016 was $279,873.70. This amount times 6% is $16,792.42. Because this is more than the 2015/2016 base fee of $4,892.74, the city will owe the DEP an additional $11,899.68 from the Pier operating fund. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 010-01374-544300, Land Rent, to fund this agreement. Vice Mayor Jonson moved to approve a Lease (No. 520010893) with the Board of Trustees of the Internal Improvement Trust Fund (TIIF) of the State of Florida for use of sovereign submerged lands beneath Pier 60 through April 1, 2021, authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 16-11 was presented and read by title only. Councilmember Caudell moved to adopt Resolution 16-11. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff, and Councilmember Hamilton 9.3 Reschedule the June 2, 2016 Council Meeting to Wednesday, June 1, 2016 at 6:00 p.m. and cancel the May 31 work session scheduled at 1:00 p.m. The Mayor and City Manager have been invited to attend Clearwater High School’s graduation ceremony on June 2, 2016 at 7:00 p.m. at Bright House Page 29 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 Field. Council has scheduled a council meeting on Thursday, June 2, 2916 at 6:00 p.m. Staff is recommending cancelling the work session scheduled on May 31 at 1:00 p.m. and holding a council meeting only that week. Councilmember Hamilton moved to reschedule the June 2, 2016 Council Meeting to Wednesday, June 1, 2016 at 6:00 p.m. and cancel the May 31 work session scheduled at 1:00 p.m. The motion was duly seconded and carried unanimously. 10. City Attorney Reports – None. 11. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Cundiff expressed appreciation for the City’s concern for the wetlands located at 3400 Gulf to Bay Boulevard, where he worked for 19 years. Vice Mayor Jonson congratulated KnowBe4 CEO Stu Sjouwerman for being named in Tampa Bay’s Top 100 Workplaces and ranked the top workplace among small firms in Tampa Bay. He said PSTA is evaluating many of the bus routes including Clearwater and areas adjacent to Clearwater. There will be a public meeting on June 7 at the East Library. At the Metropolitan Planning Organization/Pinellas Planning Council (MPO/PPC) meeting, Whit Blanton reported that the State of Florida is doing a corridor study on SR60. PSTA will be opening up the Largo Commons transfer point, which is adjacent to the Walmart located on the southwest corner of Roosevelt Blvd. and US 19. Councilmember Caudell said there will be two MPO spotlight beach access transportation meetings on May 3 at the Madeira Beach City Hall and on May 16 at the Pinellas Park Performing Arts Center. 12. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 13. Adjourn The meeting adjourned at 7:50 p.m. Page 30 City of Clearwater Draft City Council Meeting Minutes April 21, 2016 Mayor City of Clearwater Attest City Clerk Page 31 City of Clearwater Draft Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2343 Agenda Date: 5/5/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the final plat for Alexander at Countryside, whose physical address is 2506 Countryside Boulevard, located on the South-Westerly corner of Countryside Boulevard and Enterprise Road, South of S.R. 580 and East of Belcher Rd. (consent) SUMMARY: This plat will create one lot consisting of 44.3 acres more or less. This will be for 330 unit multi-family development. This was preliminarily approved thru application PLT2015-09002 in December of 2015. Page 1 City of Clearwater Printed on 5/4/2016 DRCOUNTRYSIDEOAK NECK TR EE Is raeli DrwoodRDHAVENNeckDrWHITE CR-501 LNOAK BELCHER RDLaurelBIRCHBARK TRAILOak HAWTHORNEBELCHERMOORETULIP BANYAN HAZELWOODAmericusBARKWOODTREE DRCIR WILLOWDRPASS PinesCirRoyalDr Oa k OakleafBay Berry DrBELCHERLeafL n Dr Fi r Ln LAUR ELWOOD Bay RDS e q u o ia HemlockSycamoreDRBLVDENTERPRI SERDW HAVENTahitianWayDRECOVINGTON MillwoodCIR WCIR ETRAIL CirTimbercrest Netherlands DrS Persian Dr Rhod esia n Dr MOORESumatran ASHMORE WARWICK TIMBERCRESTSUMMERDALEENTERPRISE RDHerdasTREEPINESR-580 VI L L AGEBLVDBerry Ct Bay Berry Dr Ln^ PLATLOCATION LOCATION MAP ²Prepare d b y:Eng ineer ing De p ar tm en tGeographic T echno lo gy Division100 S . M yrtle Ave, Clear water, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClea r wa ter .co m CRM TM N.T.S.221A 30-28s -16 e03/2 3/2016Map Gen By:Reviewed By:S-T-R:Grid #:Date:Sca le: ALEXANDER AT COUNTRYSIDE PLAT U . S . H I G H W A Y 19 N. S.R. 580 Document Pa th: V:\GIS\Engineering\Location Map s\TheAlexanderAT_Co untryside _Plat.mxd T H I N K I T . A C H I E V E I T . 3 0 3 0 S T A R K E Y B O U L E V A R D , N E W P O R T R I C H E Y , F L O R I D A 3 4 6 5 5 P H O N E : (8 0 0 ) 5 3 2 - 1 0 4 7 F A X : (7 2 7 ) 8 4 8 - 3 6 4 8 W W W .F L D E S I G N .C O M L .B . N O .6 7 0 7 SHEET 3 SHEET 5 SHEET 6 SHEET 4 SHEET 7 T H I N K I T . A C H I E V E I T . 3 0 3 0 S T A R K E Y B O U L E V A R D , N E W P O R T R I C H E Y , F L O R I D A 3 4 6 5 5 P H O N E : (8 0 0 ) 5 3 2 - 1 0 4 7 F A X : (7 2 7 ) 8 4 8 - 3 6 4 8 W W W .F L D E S I G N .C O M L .B . N O .6 7 0 7 T H I N K I T . A C H I E V E I T . 3 0 3 0 S T A R K E Y B O U L E V A R D , N E W P O R T R I C H E Y , F L O R I D A 3 4 6 5 5 P H O N E : (8 0 0 ) 5 3 2 - 1 0 4 7 F A X : (7 2 7 ) 8 4 8 - 3 6 4 8 W W W .F L D E S I G N .C O M L .B . N O .6 7 0 7 T H I N K I T . A C H I E V E I T . 3 0 3 0 S T A R K E Y B O U L E V A R D , N E W P O R T R I C H E Y , F L O R I D A 3 4 6 5 5 P H O N E : (8 0 0 ) 5 3 2 - 1 0 4 7 F A X : (7 2 7 ) 8 4 8 - 3 6 4 8 W W W .F L D E S I G N .C O M L .B . N O .6 7 0 7 T H I N K I T . A C H I E V E I T . 3 0 3 0 S T A R K E Y B O U L E V A R D , N E W P O R T R I C H E Y , F L O R I D A 3 4 6 5 5 P H O N E : (8 0 0 ) 5 3 2 - 1 0 4 7 F A X : (7 2 7 ) 8 4 8 - 3 6 4 8 W W W .F L D E S I G N .C O M L .B . N O .6 7 0 7 T H I N K I T . A C H I E V E I T . 3 0 3 0 S T A R K E Y B O U L E V A R D , N E W P O R T R I C H E Y , F L O R I D A 3 4 6 5 5 P H O N E : (8 0 0 ) 5 3 2 - 1 0 4 7 F A X : (7 2 7 ) 8 4 8 - 3 6 4 8 W W W .F L D E S I G N .C O M L .B . N O .6 7 0 7 T H I N K I T . A C H I E V E I T . 3 0 3 0 S T A R K E Y B O U L E V A R D , N E W P O R T R I C H E Y , F L O R I D A 3 4 6 5 5 P H O N E : (8 0 0 ) 5 3 2 - 1 0 4 7 F A X : (7 2 7 ) 8 4 8 - 3 6 4 8 W W W .F L D E S I G N .C O M L .B . N O .6 7 0 7 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2361 Agenda Date: 5/5/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a Blanket Purchase Order with Xylem, Inc. of Apopka, FL, in the annual amount of $200,000.00 with the option for two, one-year term extensions for the purchase of Flygt Pumps, replacement parts, and factory authorized service effective June 1, 2016, and authorize the appropriate officials to execute same. (consent) SUMMARY: Flygt Pumps are standardized in the City’s wastewater facilities, lift stations, submerged internal recycle, and backwash pumping applications due to reliability of the pumps and to facilitate operational and maintenance efficiency. Standardization of pumping equipment reduces redesign/retrofit of the piping systems and overall down time, which is critical to maintaining regulatory compliance. Standardization also reduces the required stocking of parts, replacement pumps, and the cost of maintenance operations. In accordance with City Code Section 2.564 (1)(b), Exceptions to Bidding, Xylem has been determined a sole source vendor for Flygt Pumps, replacement parts and factory authorized service. In previous years, the City piggy-backed the Hillsborough County’s contract with Xylem, maintained through the State of Florida. Hillsborough County’s contract recently expired and will not been renewed. Xylem is offering the City a 9% discount, which is 2% more than the previous contract. APPROPRIATION CODE AND AMOUNT: 0421-01347-550400-535-000-0000 $ 40,200.00 FY 15/16 0421-01351-550400-535-000-0000 $ 26,800.00 FY 15/16 0421-01347-550400-535-000-0000 $ 79,800.00 FY 16/17 0421-01351-550400-535-000-0000 $ 53,200.00 FY 16/17 Sufficient funding is available in the Water & Sewer Utility Fund operating cost centers 0421-01347, Utility Maintenance, in the amount of $40,200.00 and 0421-01351, Wastewater Plant Operations, in the amount of $26,800.00, to fund the current fiscal year’s cost of the contract. The funding for the remaining balance of $133,000.00 will be included in the Water and Sewer recommended operating budget from the director. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/4/2016 March 8, 2016 City Of Clearwater Attn: Kervin St. Aimie Subject: FLYGT PRODUCTS – SALES & SERVICE Please be advised the Xylem Water Solution USA, Inc. the only authorized vendor for Flygt Products and is the only authorized service repair and warranty organization in the State of Florida; (East of the Apalachicola River). Their staff is properly trained to provide you the best service available. Thank you for your interest in Flygt Products. Do not hesitate to call me if you have any questions regarding distribution or any other matter. Very truly yours, XYLEM WATER SOLUTIONS USA, INC. Tom Trent *Flygt Products include submersible pumps, mixers, valves, M&C products, Syracuse safe hatch access covers and control panels. XYLEM WATER SOLUTIONS USA, INC. FLYGT PRODUCTS 2152 Sprint Blvd. Apopka Florida 32703 Phone: 407-880-2900 • Fax: 407-880-2962 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2371 Agenda Date: 5/5/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a Cooperative Agreement between Pinellas County and the Cities of Clearwater and Dunedin for the development of a Comprehensive Watershed Master Plan (WMP) of Curlew Creek in the amount of $70,325.81 and authorize the appropriate officials to execute same. (consent) SUMMARY: The WMP will provide a watershed model update and evaluation, floodplain delineation, Level of Service determination (LOS), Surface Water Resource Assessment (SWRA) and Best Management Practices (BMP) alternative analysis for the Curlew Creek Watershed in Pinellas County. The watershed covers a total area of approximately 8,546 acres located within Pinellas County as well as the cities of Dunedin and Clearwater and ultimately discharges into St. Joseph Sound. The cost of the Watershed Master Plan is $850,000. The cost is being shared as follows: SWFWMD $425,000.00 Pinellas County $262,943.91 Clearwater $ 70,325.81 Dunedin $ 91,730.28 Should the cost of the project exceed the budget, Pinellas County is responsible for the overage. APPROPRIATION CODE AND AMOUNT: 0315-96170-561200-539-000-0000 $70,325.81 Funding is available in Capital Improvement Program project 0315-96170, Coastal Basins Projects, to fund the agreement. Page 1 City of Clearwater Printed on 5/4/2016 Page 1 of 9 COOPERATIVE AGREEMENT BETWEEN PINELLAS COUNTY AND THE CITIES OF CLEARWATER AND DUNEDIN for The Development of the Comprehensive Watershed Management Plan for Curlew Creek and Smith Bayou THIS AGREEMENT is entered into this ____day of ________, 2016 by and among PINELLAS COUNTY, a political subdivision (hereinafter referred to as COUNTY) of the State of Florida and the CITY OF CLEARWATER, a municipal corporation (hereinafter referred to as CLEARWATER) in the State of Florida and the CITY OF DUNEDIN, a municipal corporation (hereinafter referred to as DUNEDIN) in the State of Florida. WITNESSETH: WHEREAS, this Agreement is for the purpose of developing a Comprehensive Watershed Management Plan (hereinafter referred to as W MP) for Curlew Creek and Smith Bayou; and WHEREAS, the COUNTY, CLEARWATER, and DUNEDIN (hereinafter referred to as PARTNERS) agree that Curlew Creek and Smith Bayou is a critical resource of the County; and WHEREAS, the PARTNERS acknowledge that Curlew Creek and Smith Bayou have water quality issues including impaired waters as designated by 62-303 F.A.C. existing within the project area (Exhibit “A”); and WHEREAS, the State’s Total Maximum Daily Load (TMDL) regulations will be reflected in the National Pollutant Discharge Elimination System (NPDES) permit requirements held by the PARTNERS; and WHEREAS, conveyance and water quality including the requirements of the State TMDL program, will require local governmental agencies to cooperate extensively on watershed studies and projects; and WHEREAS, such intergovernmental cooperation will result in more efficient, cost effective watershed management for each governmental agency, and less duplication of efforts; NOW, THEREFORE, in consideration of the premises and the mutual covenants, conditions and terms set forth herein, the PARTNERS hereby mutually agree as follows: Page 2 of 9 SECTION 1. PURPOSE The purpose of this Agreement is to set forth the relationship of the PARTNERS with respect to the following: A. To define the general responsibilities of the PARTNERS in developing the WMP. B. To establish a cost allocation method to ensure equitable distribution of costs. SECTION 2. GENERAL RESPONSIBILITIES - WMP development A. The COUNTY will be responsible to engage and secure a consultant (hereinafter referred to as Consultant) to develop the W MP and will work in coordination with the PARTNERS to develop a project plan for the Consultant contract. B. The COUNTY will administer the Consultant contract. C. The COUNTY will ensure the W MP is completed by the Consultant on or before March 31, 2018. D. The PARTNERS will provide all available information and data, as requested, by the Consultant for use in developing the W MP. E. The PARTNERS will be provided copies of all meeting minutes, sign in sheets, and draft deliverables for review and comment by the Consultant. F. The PARTNERS agree to review all deliverables and provide comments, if necessary within the specified review periods. G. The PARTNERS will be provided copies of all deliverables including reports, models, and GIS files, and all raw and processed data files. Each PARTNER may require specific electronic or hard copy deliverables. Page 3 of 9 SECTION 3. PROJECT BUDGET AND COST ALLOCATION A. Project Cost 1. The cost of the W MP is $850,000 and is budgeted in the Pinellas County Stormwater Assessment Fee budget under project number 002742A. B. Grants 1. The COUNTY has secured $425,000 in outside funding. C. Cost Allocation 1. The basis for cost allocation shall be the total project cost less the grant funding or $425,000. 2. The percentage breakdown for each of the PARTNERS is as follows: i. PINELLAS: 31% or $262,943.91 ii. CLEARWATER: 8% or $70,325.81 iii. DUNEDIN: 11% or $91,730.28 3. The COUNTY shall invoice CLEARWATER and DUNEDIN for their respective contributions on a quarterly basis. Payments shall be made to the COUNTY within forty five (45) days of receipt of the invoice, and CLEARWATER and DUNEDIN may request supporting documentation from the COUNTY to process said invoices for payment. COUNTY shall provide the requested documentation within seven (7) days of receipt of the request. 4. Should the total cost of the project exceed the amount estimated, the COUNTY shall be responsible for the excess. CLEARWATER and DUNEDIN shall be held harmless, and will be responsible only for the amount stated within this agreement ($70,325.81 and $91,730.28 respectively). 5. The CONSULTANT shall submit to the PARTNERS at the time of invoice submittal to the COUNTY(in specific electronic form) all draft deliverables Page 4 of 9 including reports, models, GIS files, and all raw and processed data files used to create the draft documents; including all photos, CADD files, aerials, survey data, stormwater modeling inputs and outputs, etc. Submittals deemed incomplete by the PARTNERS, will not be processed by the PARTNERS. SECTION 4. COPIES Upon final execution of this document, the original will be filed with the Clerk of Circuit Court of Pinellas County pursuant to Section 163.01, Florida Statutes. Two (2) copies will be provided to each of the PARTNERS. SECTION 5. NOTICES All written notices to the PARTNERS under this Agreement shall be directed to the following addresses: Pinellas County: Robert McWilliams Project Manager Watershed Management 22211 US Hwy 19 N., Bldg 1 Clearwater, FL 33765 Clearwater: Jennifer Shannon, P.E Professional Engineer Engineering Department 100 S Myrtle Avenue #220 Clearwater, FL 33756-5520 Dunedin: Jorge M. Quintas, P.E. Director of Public Works & Utilities / City Engineer 737 Louden Ave., 2nd Floor P.O. Box 1348 Dunedin, FL 34697-1348 SECTION 6. AUDIT REQUIREMENTS A. All parties’ records shall be open to inspection and subject to examination, audit, and/or reproduction during normal working hours by any parties’ agents or authorized representatives to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted pursuant to the terms of this Agreement. These records shall include, but not be limited to, accounting records, written policies and Page 5 of 9 procedures, subcontractor files (including proposals of successful and unsuccessful bidders), original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated final settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement. They shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs, including overhead allocations as they may apply to costs associated with this Agreement. B. For the purpose of such audits, inspections, examinations and evaluations, the parties’ agents or authorized representatives shall have access to said records from the effective date of the Agreement for the duration of the work, and until three (3) years after the date of final payment by the parties pursuant to this Agreement. C. The parties’ agents or authorized representatives shall have access to all facilities and all necessary records to the extent necessary to conduct audits in compliance with this Section. The parties’ agents or authorize d representatives shall give all other parties reasonable advance notice of intended inspections, examinations, and/or audits. SECTION 7. ENTIRE AGREEMENT This Agreement together with Exhibits embodies the whole Agreement of the PARTNERS. There are no promises, terms, conditions or allegations other than those contained herein and this document shall supersede all previous communications, representations and/or agreements, whether written or verbal, between the parties hereto. This Agreement may be modified only in writing, executed by all parties. Page 6 of 9 SECTION 8. AGREEMENT TERM This Agreement shall take effect on March 31, 2016 and shall remain in effect until March 31, 2018, unless renewed in writing by mutual agreement of all parties hereto for an additional length of time. SECTION 9. HOLD HARMLESS The parties hereto 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 to the extent permitted by section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the PARTNERS to be sued by third parties in any manner arising out of this Agreement. SECTION 10. EFFECTIVE DATE This Agreement shall take effect upon execution by all the parties. SECTION 11. GOVERNING LAW, VENUE, AND ATTORNEY’S FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any dispute pertaining to this Agreement shall lie exclusively in Pinellas County, Florida. In the event of a dispute, all parties shall be responsible for their own attorney’s fees. Page 7 of 9 COOPERATIVE AGREEMENT BETWEEN PINELLAS COUNTY AND THE CITIES OF CLEARWATER AND DUNEDIN IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals as the day and year first above written. PINELLAS COUNTY, by and through its Board of County Commissioners By: Mark S. Woodard, County Administrator WITNESS: By: APPROVED AS TO FORM: By: Office of County Attorney Page 8 of 9 COOPERATIVE AGREEMENT BETWEEN PINELLAS COUNTY AND THE CITY OF CLEARWATER CITY OF CLEARWATER CITY OF CLEAWATER, FLORIDA By: City Manager – William B. Horne, II By: Mayor – George N. Cretekos Reviewed and Approved: Attest: Asst. City Attorney – Camilo A. Soto City Clerk – Rosemarie Call Page 9 of 9 COOPERATIVE AGREEMENT BETWEEN PINELLAS COUNTY AND THE CITY OF DUNEDIN CITY OF DUNEDIN CITY OF DUNEDIN, FLORIDA By: Mayor Reviewed and Approved: Attest: City Attorney City Clerk CR 1US HIGHWAY 19 NBELCHER RDUS 19AMAIN ST CURLEW RD TAMPA RD SUNSET POINT RD SR 580BAYSHORE BLVDN BELCHER RDOMAHA STN KEENE RDEDGEWATER DRKEENE RDBROADWAY^GULF BLVDUS HIGHWAY 19 N4TH ST NI-2 7 566TH ST N49TH ST NTAMPA RDCR 1PARK BLVD N SR 580 ULMERTON RDUS 19A54TH AVE N 22ND AVE N 38TH AVE N 1ST AVE SEAST LAKE RD1ST AVE N 62ND AVE N 34TH ST SCENTRAL AVEPARK ST N113TH ST N5TH AVE NSEMINOLE BLVDCURLEW RD STARKEY RD34TH ST N16TH ST NKEYSTONE RD 102ND AVE N DREW ST 22ND AVE S BELLEAIR RD MCMULLEN BOOTH RDG A N D Y B L V D SUNSET POINT RD EAST BAY DR PI NE L L A S B A Y WA Y I-175 GULF TO BAY BLVDN KEENE RDBELCHER RDN BELCHER RDI-375DR MARTIN LUTHER KING JR ST N71ST ST NBAYSI DE BRI DGETYRONE BLVD N 118TH AVE N BRYAN DAIRY RD WEST BAY DR SR 590 OAKHURST RDCOURT STBAYSHORE BLVDINDIAN ROCKS RDKEENE RDALDERMAN RD S BELCHER RDGULFPORT BLVD SS MISSOURI AVET R IN IT Y B L V D N PINELLAS AVESUNSHINE SKYWAYC O U RTNE Y C A M PB E LL C SW Y PASADENA AVE SP IN E L L A S B A Y W A Y S WALSINGHAM RD B LI N D P A S S RD CR 296EDGEWATER DRS FT HARRISON AVEN MYRTLE AVEROOSEVELT BLVDCR 611DUHME RDRIDGE RD SW3RD ST N150TH AVEGULF BLVDCR 296SR 580BELCHER RDI-2 7 5 Curlew Creek and Smith Bayou Location Curlew Creek Basin Smith Bayou Basin Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2388 Agenda Date: 5/5/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a 30-year Lease between the City of Clearwater and Clearwater Beach Seafood, Inc., to operate a full service restaurant at 37 Causeway Blvd., approve the license to utilize square footage west of the lease footprint for additional outdoor seating, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater has negotiated a Lease Agreement with top-ranked firm, Clearwater Beach Seafood, Inc., in response to RFP 20-15 (RFP), to demolish the existing structure located at 37 Causeway Boulevard and construct and operate a new restaurant for a term not to exceed thirty years. The term of this Lease shall be for a period of 30 years, commencing on the Substantial Completion Date and expiring on the day immediately preceding the 30th anniversary of the Substantial Completion Date unless sooner terminated pursuant to the terms of the Lease. The term "Substantial Completion" means substantial completion of the Tenant Work in accordance with the Final Plans, as evidenced by Tenant's receipt of all approvals necessary for Tenant to occupy and operate its restaurant in the Building, including, without limitation, a certificate of occupancy for the Building. The base rent will be based on 5,894 square feet and will have a 2% annual increase. Clearwater Beach Seafood, Inc. will also pay 2% of gross food sales and 9% of gross alcohol sales in excess of the breakpoint to the City of Clearwater on a monthly basis. The food sales breakpoint is $307,692.31 and the alcohol sales breakpoint is $9,230.77. On the first day of the second rental year and each subsequent rental year, the food sales breakpoint shall increase by 2% as detailed in Article IV, “Base Rent” and “Percentage Rent.” The estimated lessee investment in the project is $3.43 million of which $2.55 million is to be amortized. Approving the license agreement for commercial use of City of Clearwater property west of the lease footprint will allow Clearwater Beach Seafood, Inc. to utilize ground floor space for seating, adding an additional 88 seats to the restaurant. By allowing additional seating, the city will see an increase in alcohol sales revenue of approximately 18% annually and an increase in food sales revenue of approximately 55% annually. Staff supports this lease agreement as being in the best interest of the City and the Marine Enterprise Fund, for the following reasons: Clearwater Beach Seafood, Inc.: - has been an outstanding tenant operating from the existing footprint out of a converted gas Page 1 City of Clearwater Printed on 5/4/2016 File Number: ID#16-2388 station - has an established performance record from which to base their rent projections - has presented a modern beach appealing design concept both in the exterior look and interior finishes - has an established reputation for a quality product with a family friendly price and atmosphere Page 2 City of Clearwater Printed on 5/4/2016 LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") dated as of _______________, 2016 (the "Effective Date"), is by and between THE CITY OF CLEARWATER, FLORIDA, a municipal corporation ("Landlord"), and CLEARWATER BEACH SEAFOOD, INC., a Florida corporation ("Tenant"). Landlord and Tenant agree as follows: ARTICLE I PREMISES 1.1 Premises. Subject to the terms and provisions of this Lease, Landlord leases to Tenant, and Tenant leases from Landlord, the real property described on the attached Exhibit A (the "Land") and located at 37 Causeway Boulevard, Clearwater, Florida 33767, including, without limitation, the existing restaurant building currently located on the Land (the "Existing Building"), and all other buildings, structures, and other improvements located on the Land (with the Existing Building, collectively, the "Improvements"). The Land and the Improvements are, collectively, the "Premises". Tenant accepts the Premises in their "AS IS, WHERE IS" condition as of the Effective Date. ARTICLE II TERM 2.1 Lease Term. Tenant shall have leasehold rights to demolish the Existing Building on the Premises and build the Building (as defined in Section 3.1 below), pursuant to this Lease, as of the Effective Date. The term of this Lease (the "Term") shall be for a period of 30 years, commencing on the Substantial Completion Date (as defined in Section 3.4 below), and expiring on the day immediately preceding the 30th anniversary of the Substantial Completion Date (the "Expiration Date"), unless sooner terminated pursuant to the terms of this Lease. If Substantial Completion of Tenant Work has occurred, and the Landlord terminates this Lease due to municipal need pursuant to Section 14.6 below, then Landlord agrees to pay Tenant an amount equal to the then- unamortized Total Project Costs (as defined in Section 3.6 below), not exceeding the amount detailed in Section 14.6; however, if Tenant terminates this Lease or termination occurs due to Tenant default, then Landlord agrees to pay Tenant an amount equal to the then-unamortized portion (as of the date of termination) of $2,550,000.00. Such amounts are to be determined by amortizing on a straight line basis beginning on the Rent Commencement Date and ending on the originally contemplated Expiration Date. 2.2 License Agreement. Concurrently with the execution and delivery of this Lease, Landlord, as licensor, and Tenant, as licensee, are entering into a license agreement (the "License Agreement"), where Landlord is licensing to Tenant a parcel of land adjacent to the Premises for use as an outdoor seating area (the "Outdoor Seating Area") for Tenant's restaurant located on the Premises. Tenant, as licensee under the License Agreement, understands that a termination of the License Agreement in accordance with its terms shall not constitute a termination of this Lease. [GM15-1371-016/183123/1]2 ARTICLE III CONSTRUCTION OF NEW RESTAURANT BUILDING 3.1 Construction of New Restaurant Building. Tenant shall, at its expense, demolish the Existing Building and design and construct on the Land a new restaurant building (the "Building"), subject to the terms and conditions of this Article III (the "Tenant Work"). It is mutually understood that Tenant Work does not include Tenant’s equipment, fixtures, or other personal property placed on the Premises. Tenant anticipates that Substantial Completion (as defined below) of the Tenant Work will occur on or about February 1, 2017. Tenant shall use all commercially diligent efforts, as quickly as reasonably practicable, to obtain all permits and approvals necessary to construct the Tenant Work and to achieve Substantial Completion of the Tenant Work. 3.2 Plans and Approvals. Tenant shall provide plans and specifications for the Tenant Work to Landlord for Landlord's prior approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Such plans and specifications shall include, without limitation, any site plans, floor plans, and elevations (including, without limitation, exterior shades, awnings, window coverings, lights, and canopies) prepared for the Tenant Work. The plans and specifications approved by Landlord and Tenant, and any construction or permit drawings prepared by Tenant's architect based on such approved plans and specifications, are, collectively, the "Final Plans." 3.3 Requirements. All Tenant Work shall be completed in compliance with all applicable Legal Requirements (as defined in Section 6.4 below), and in a good and workmanlike manner, by licensed contractors with appropriate building permits. Tenant agrees that the general contractor performing the Tenant Work shall maintain (a) Builder's Risk insurance on the Building, on a replacement cost basis, naming Landlord as a loss payee, (b) Commercial General Liability insurance, naming Landlord as an additional insured, of at least $1,000,000.00 per occurrence and $2,000,000.00, general aggregate, and (c) performance and payment bonds for the Tenant Work and completion of the Building, in the form and amounts required by Section 255.05, Florida Statutes. 3.4 Substantial Completion. The term "Substantial Completion" means substantial completion of the Tenant Work in accordance with the Final Plans, as evidenced by Tenant's receipt of all approvals necessary for Tenant to occupy and operate its restaurant in the Building, including, without limitation, a certificate of occupancy for the Building. The date on which Substantial Completion occurs is the "Substantial Completion Date." 3.5 Escrow of Construction Funds. Tenant has placed in escrow with IBERIABANK the amount of $1,800,000.00 (the "Escrow Funds"), which Escrow Funds will be used by Tenant, from time to time, to pay the costs incurred by Tenant in connection with the Tenant Work. With each draw of Escrow Funds by Tenant, Tenant shall provide to Landlord reasonable supporting documentation with respect to such draw, including copies of invoices and lien waivers and releases. Once Substantial Completion of the Building has occurred, any remaining unused escrow funds shall be promptly released to Tenant and may be used by Tenant for any purpose. [GM15-1371-016/183123/1]3 3.6 Total Project Costs. The term "Total Project Costs" means the sum of all costs and expenses paid or incurred by Tenant for the design, engineering, permitting, construction, and installation of the Tenant Work. The term "Project Cost Amortization Amount" means an amount equal to (a) the lesser of (i) the Total Project Costs, and (ii) $2,550,000.00, divided by (b) the number of full calendar months remaining in the Term as of the Rent Commencement Date. 3.7 Confirmation of Dates and Amounts. Within 30 days after the Substantial Completion Date, Landlord and Tenant shall execute a written instrument prepared by Tenant and memorializing (a) the Substantial Completion Date; (b) the Rent Commencement Date; (c) the Total Project Costs and Project Cost Amortization Amount; (d) the Base Rent amounts payable by Tenant throughout the Term (calculated in accordance with Exhibit B); and (e) the total square footage of the Building (the "Building Square Footage"). ARTICLE IV RENT 4.1 Base Rent. Commencing on the earlier of (a) the Substantial Completion Date, and (b) May 1, 2017 (the "Rent Commencement Date"),Tenant shall pay to Landlord annual base rent in the amounts set forth in Exhibit B (as more particularly defined in Exhibit B, the "Base Rent"). The Base Rent shall be paid monthly, in 12 equal monthly installments, on or before the first day of such calendar month. The Base Rent and any other amounts owed by Tenant to Landlord under this Lease are, collectively, the "Rent". Tenant shall pay make all Rent payments to Landlord at the address listed in Section 18.7, or to such other address as Landlord may from time to time designate by written notice to Tenant. Tenant's Base Rent shall be appropriately prorated for any partial month during which the Rent Commencement Date or the expiration or termination date of this Lease occurs. 4.2 Percentage Rent. (a)Commencing on the Rent Commencement Date and for each subsequent Sales Period (as defined below) during the Term, Tenant shall pay to Landlord, in addition to Base Rent, "Percentage Rent" in an amount equal to (i) two percent (2%) of Food Sales (as defined below) for such Sales Period (as defined below) in excess of the Food Sales Breakpoint (as defined below), and (ii) nine percent (9%) of Alcohol Sales (as defined below) for such Sales Period in excess of the Alcohol Sales Breakpoint (as defined below). (b)For each Sales Period during the Term, the "Food Sales Breakpoint" means $307,692.31, and the term "Alcohol Sales Breakpoint" means $9,230.77. On the first day of the second Rental Year and each subsequent Rental Year, the Food Sales Breakpoint (but not the Alcohol Sales Breakpoint) shall increase by two percent (2%), which annual increases shall be on a cumulative, compounding basis. The Food Sales Breakpoint and the Alcohol Sales Breakpoint shall also be proportionately adjusted for any partial Sales Period during which Percentage Rent is payable (i.e., the partial Sales Period [GM15-1371-016/183123/1]4 during which the Rent Commencement Date occurs and the partial Sales Period during which this Lease expires or is earlier terminated). (c)The term "Gross Sales" means all revenue generated from food and beverages sold in or from the Premises and Outdoor Seating Area by Tenant; provided, however, the following shall be excluded from Gross Sales: (i) refunds to customers on transactions otherwise included in Gross Sales; (ii) sales from vending machines used primarily for employee purposes; (iii) all sums representing sales taxes collected from customers and paid over to the applicable taxing authority; (iv) the transfer of food or beverages from the Premises to another store or a place of business owned or operated by Tenant or one of its affiliates; (v) donations of food or beverages to non-profit charitable and religious institutions; (vi) returns to shippers or manufacturers. The term "Food Sales" means Gross Sales attributable to the sale of food, and the term "Alcohol Sales" means Gross Sales attributable to the sale of beer, wine, and liquor. "Sales Period" means each successive four (4) week period during the Term, commencing on the Rent Commencement Date. (d)Percentage Rent shall be paid by Tenant within 30 days after the end of each Sales Period. Each payment of Percentage Rent shall be accompanied by a statement setting forth Gross Sales made during such Sales Period and signed and certified as correct by an officer of Tenant. Upon written request from Landlord given with 15 days after receipt of Tenant's annual Gross Sales statement for a Sales Period, Tenant shall provide Landlord with reasonable back-up documentation regarding Tenant's calculation of Gross Sales for such Sales Period. 4.3 Tax on Rents. Tenant shall be responsible for and shall pay to Landlord all federal, state, or local sales and use taxes (or taxes or assessments in lieu thereof) payable with respect to the Rent and all other sums payable under this Lease by Tenant. 4.4 Late Charge. Tenant shall pay a late charge of five percent (5%) of the total amount overdue if any installment of Rent or any other amount due from Tenant to Landlord is received by Landlord more than five business days after the applicable due date. This charge is for extra expenses incurred by Landlord and shall not be considered interest or penalty. ARTICLE V ALTERATIONS AND TENANT EQUIPMENT 5.1 Alterations. During the Term, Tenant shall have the right, at its expense, to make alterations, additions, and improvements to the interior and exterior of the Building ("Alterations"); provided, however, any Alterations that would require a building permit shall require the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. 5.2 Ownership of Improvements. During the Term, Tenant shall be considered for all purposes to be the owner of the Building and any other Alterations and Improvements made by or on behalf of Tenant following the Effective Date, and Tenant [GM15-1371-016/183123/1]5 alone shall be entitled to take tax deductions on its federal and state income tax returns for the depreciation and other expenses related to such improvements. Upon expiration or earlier termination of this Lease, the ownership of such improvements made by or on behalf of Tenant shall belong to Landlord, except as expressly provided otherwise in this Lease. 5.3 Tenant Equipment. All trade fixtures, equipment, and other property placed on the Premises by Tenant and any alterations or replacements thereof, including, but not limited to, all bars, booths, decorative light fixtures, stoves, ovens and other restaurant equipment (collectively, the "Tenant Equipment"), shall remain the property of Tenant at all times. Tenant may at any time (and, upon the expiration or earlier termination of the Lease, shall) remove any Tenant Equipment from the Premises. 5.4 Liens. Neither Landlord nor Tenant shall cause or permit to be recorded, filed, claimed, or asserted against the Premises any mechanic's lien for supplies, machinery, tools, equipment, labor, or material contracted for by, through, or under such party and furnished or used in connection with any construction, development, alteration, improvement, addition to, repair to, or maintenance of any Improvements, and if Landlord or Tenant causes or permits any such lien to be so recorded, filed, claimed, or asserted, the responsible party shall cause the same to be released or discharged within 30 days thereafter. If either party breaches the foregoing covenant, the other party may cause any such claimed lien to be released of record by bonding or payment or any other means available. The defaulting party shall pay to the non-defaulting party on demand all sums paid and costs, including reasonable attorneys' fees, incurred by the non-defaulting party in connection therewith. NOTHING IN THIS LEASE SHALL BE DEEMED TO BE, OR CONSTRUED AS CONSTITUTING, THE CONSENT OR REQUEST OF LANDLORD, EXPRESSED OR IMPLIED, BY INFERENCE OR OTHERWISE, TO ANY PERSON, FIRM, OR CORPORATION FOR THE PERFORMANCE OF ANY LABOR OR THE FURNISHING OF ANY MATERIALS FOR ANY CONSTRUCTION, REBUILDING, ALTERATION, OR REPAIR OF OR TO THE PREMISES OR ANY PART THEREOF, NOR AS GIVING TENANT ANY RIGHT, POWER, OR AUTHORITY TO CONTRACT FOR OR PERMIT THE RENDERING OF ANY SERVICES OR THE FURNISHING OF ANY MATERIALS THAT MIGHT IN ANY WAY GIVE RISE TO THE RIGHT TO FILE ANY LIEN AGAINST THE BUILDING OR LANDLORD'S INTEREST IN THE PREMISES. TENANT SHALL NOTIFY ANY CONTRACTOR PERFORMING ANY CONSTRUCTION WORK AT THE PREMISES ON BEHALF OF TENANT THAT THIS LEASE SPECIFICALLY PROVIDES THAT THE INTEREST OF LANDLORD IN THE PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY TENANT, AND NO MECHANIC'S LIEN OR OTHER LIEN FOR ANY SUCH LABOR, SERVICES, MATERIALS, SUPPLIES, MACHINERY, FIXTURES, OR EQUIPMENT SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES, THE BUILDING, OR ANY PORTION THEREOF. IN ADDITION, LANDLORD SHALL HAVE THE RIGHT TO POST AND KEEP POSTED AT ALL REASONABLE TIMES ON THE PREMISES ANY NOTICES WHICH LANDLORD SHALL BE REQUIRED [GM15-1371-016/183123/1]6 SO TO POST FOR THE PROTECTION OF LANDLORD AND THE PREMISES FROM ANY SUCH LIEN. TENANT AGREES TO PROMPTLY EXECUTE SUCH INSTRUMENTS IN RECORDABLE FORM IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF FLORIDA STATUTE 713.10. ARTICLE VI USE & OPERATIONS; COMPLIANCE WITH LAWS 6.1 Use. Tenant shall use the Premises for the operation of a full service restaurant and bar, including liquor, beer, and wine sales for on-premises consumption, initially under the trade name "Crabby Bill's", including the incidental sale of Tenant's branded clothing and merchandise, or for such other restaurant use that complies with all Legal Requirements (the "Permitted Use"), and for no other use without Landlord's prior written consent. 6.2 Continuous Operations. During the Term, and except during Excused Periods, Tenant shall continuously operate and conduct business at the Premises for the Permitted Use. The term "Excused Periods" means periods of time during which Tenant's failure or refusal to conduct the operations of its business (a) results from alterations, renovations, or repairs being performed in and to the Premises for a continuous period not in excess of an aggregate of fifteen 15 days (or such longer period that is approved by Landlord in writing and in advance) in any consecutive 12 month period; (b) is caused by Force Majeure, damage or destruction, or eminent domain proceedings or actions; (c) is caused by any act or omission of Landlord; or (d) is during the following holidays: Easter Sunday, Thanksgiving Day, or Christmas Day. 6.3 Tenant's Conduct. Tenant shall operate its business in an efficient, high class, and reputable manner. Tenant shall keep the Premises neat, clean, sanitary, and reasonably free from dirt, rubbish, insects, and pests at all times. Tenant shall not (a) use or maintain the Premises in such a manner as to constitute an actionable nuisance to Landlord or any third party, or (b) commit or permit waste of the Premises. 6.4 Compliance with Laws. Tenant shall, at its expense, (a) obtain any and all occupational licenses, beverage licenses, and other permits and approvals required for the operation of Tenant's business at the Premises, and (b) comply with all laws, codes, regulations, orders, and ordinances, including, without limitation, the City of Clearwater Code of Ordinances and the regulations and orders of the Florida Department of Business and Professional Regulation, applicable to Tenant's use and occupancy of the Premises (collectively, "Legal Requirements"). ARTICLE VII SIGNS 7.1 Signs. Tenant shall, at its expense, have the right to install signs related to Tenant's business in or on the Premises. Any signs installed by Tenant shall comply with all Legal Requirements. Tenant shall, at its expense, maintain its signs in good condition [GM15-1371-016/183123/1]7 and repair. Upon the expiration or earlier termination of the Lease, Tenant shall remove any signs installed by Tenant in or on the Premises. ARTICLE VIII UTILITIES 8.1 Utilities. During the Term, Tenant shall contract in its own name, and pay directly to the applicable public utility, for all water, sewer, electricity, gas, telephone, communication, stormwater, solid waste collection, and other utility charges and fees related to the Premises. ARTICLE IX MAINTENANCE AND REPAIR 9.1 Maintenance and Repair. During the Term, Tenant shall, at its expense, maintain the entire Premises in good order, condition, and repair (including necessary replacements), subject to reasonable wear and tear. Without limiting the foregoing, Tenant shall keep all restroom facilities clean and sanitary, and no coin-operated toilets or other coin-operated devices will be allowed in the restroom facilities without prior written approval of Landlord. 9.2 On-Going Capital Improvements or Repairs. (a)Tenant shall maintain the Premises in a first class operating condition according to acceptable industry standards and applicable codes. Landlord has the right to inspect the Premises at any time upon reasonable prior notice to Tenant, and Landlord will provide written notice to Tenant of any improvements or repairs that Landlord believes are necessary to comply with the aforementioned standards. If Tenant contests the necessity of an improvement or repair requested by Landlord, and at any other time at the request of either party (but not more frequently than once in any 12 month period), Landlord and Tenant shall meet in good faith to discuss the need for any improvements or repairs necessary to comply with the aforementioned standards and to resolve any disputes relating thereto. If Landlord and Tenant cannot resolve any such dispute within 10 business days, the dispute shall be submitted to binding arbitration conducted in accordance with Section 9.2(c) below. (b)If any improvement or repair described in Section 9.2(a) has not commenced within 30 days after Tenant's receipt of written notice from Landlord (or, if later, the date on which the need for such improvement or repair has been conclusively determined pursuant to this Section 9.2), Landlord has the right to self-perform the improvement or repair. If it becomes necessary for Landlord to self-perform any such improvement or repair, Landlord will prepare a cost estimate of the work to be performed, and Tenant will reimburse Landlord for the costs of such improvement or repair, as additional Rent, in the following applicable monthly period after the improvements and repairs are completed and an invoice is presented. (c)Any dispute that is to be resolved by binding arbitration as set forth in Section 9.2(a) above shall be submitted to an independent, unaffiliated arbitrator to be [GM15-1371-016/183123/1]8 chosen and to conduct the determination pursuant to the Commercial Rules of the American Arbitration Association; provided, (i) the arbitrator shall have at least 15 years' experience in the supervision of the operation and management of restaurant and retail buildings in the Tampa Bay, Florida area, (ii) the arbitrator may require the parties to present such evidence as the arbitrator, in his or her sole discretion, determines is necessary, including requiring the parties to engage one or more third party consultants with experience relative to the specific field that is the subject of the dispute (e.g., architect, engineer, general contractor or roofing, paving, elevator or HVAC contractor), (iii) each party in any arbitration shall equally share the costs of such arbitrator and bear its own third party consultants' costs for consultants required by the arbitrator, and (iv) the determination of the arbitrator shall be final and binding upon the parties, and judgment may be rendered on it by any court having jurisdiction, upon application of either Landlord or Tenant. ARTICLE X TAXES AND FEES 10.1 Payment of Taxes and other Fees. During the Term, Tenant shall pay, as and when due, all real property taxes, general and special assessments, and other charges and fees levied on or assessed against the Premises (collectively, the "Taxes"); provided, however, in no event shall Tenant be required to pay any franchise, income, inheritance, estate, succession, transfer, or gift taxes imposed upon Landlord or its successors or assigns. Tenant shall pay all Taxes directly to the applicable taxing authority and shall, upon written request, provide Landlord with evidence of the payment of such Taxes. 10.2 Proration at Commencement and End of Term. If the Rent Commencement Date or end of the Term does not coincide with the commencement or end of a tax year, Taxes for the tax year in which this Lease commences and/or ends shall be prorated between Landlord and Tenant, based on the most recent assessment. Such proration shall be subsequently adjusted when the actual bills for Taxes become available. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. 10.3 Right to Protest Taxes. Tenant shall have the right to protest any Taxes assessed against the Premises, including, without limitation, the right to protest the valuation of the Premises as assessed for tax purposes. Landlord appoints Tenant as Landlord's agent and attorney-in-fact for such purpose, and Landlord agrees that Tenant shall have the power to take any and all actions, execute and deliver in Landlord's name, any and all notices and/or other documents as may be necessary in Tenant's discretion to protest any Taxes (including, without limitation, any notices of protest and/or court pleadings), and appear in any court or at any appraisal hearings in connection with such protest. Such power of attorney is expressly made irrevocable and coupled with an interest. This appointment shall not impose any duty on Tenant and is expressly made solely to allow Tenant, in its sole discretion and at its option, to protest the Taxes assessed against the Premises. Landlord further agrees to fully cooperate in all reasonable respects with Tenant in connection with any such tax protest by Tenant. [GM15-1371-016/183123/1]9 ARTICLE XI INSURANCE 11.1 Maintenance of Policies. From and after the Effective Date of this Lease, and during the Term, Tenant shall procure and maintain the following insurance on or in connection with the Premises: (a)Insurance against all physical loss or damage to the Premises and Improvements (including windstorm and flood coverage), with replacement cost coverage and agreed amount endorsements. To the extent Tenant has any restoration or repair obligations with respect to the Premises and the Improvements, the proceeds from any property insurance shall be made available to Tenant for the purpose of such repair or restoration. (b)Commercial general liability insurance coverage for, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, bodily injury, death and/or property damage occurring on, in, or as a result of the use of the Premises and Improvements in an amount not less than $1,000,000.00, per occurrence and $2,000,000.00 general aggregate. (c)If any motor vehicles are used by Tenant in connection with its business operation from the Premises, Comprehensive Automobile Liability insurance coverage with limits of not less than $1,000,000.00 combined single limit, against bodily injury liability and property damage liability arising out of the use by or on behalf of Tenant and its agents and employees in connection with this Lease, of any owned, non- owned, hired or borrowed motor vehicles. (d)Workers' Compensation in statutory required amounts in accordance with the laws of the state in which the Premises are located, and Employers' Liability Insurance in an amount of not less than $100,000.00 each employee, each accident, $100,000.00 each employee by disease, and $500,000.00 aggregate by accident and/or disease with benefits afforded under the laws of the State of Florida. (e)During any periods that Tenant sells or serves alcoholic beverages at the Premises, liquor liability insurance in an amount not less than $1,000,000.00 per occurrence, insuring against loss, cost, or expense by reason of bodily injury or property damage for which Landlord and/or Tenant may be held liable by or because of the violation of any statute, ordinance, or regulation pertaining to the sale, gift, distribution, or use of any alcoholic beverage, by reason of the sale, serving, or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or that causes or contributes to the intoxication of any person, or as a person or organization engaged in the business of manufacturing, distributing, selling, or serving alcoholic beverages, or as an owner or lessor of the premises used for such purposes. 11.2 Insurance Providers. The insurance required by Section 11.1 above shall be written by insurance companies authorized to conduct insurance business in the state [GM15-1371-016/183123/1]10 where the Premises are located. Any liability insurance policy shall name Landlord and Landlord's mortgagee, if any, as additional insureds, and any property insurance policy covering the Premises shall name Landlord and Landlord's mortgagee, if any, as loss payees, as their interests may appear. Any insurance required of Tenant may be effected by a policy or policies of blanket, excess, and/or umbrella insurance. 11.3 Premiums. Tenant shall (a) pay all premiums for the insurance required by Section 11.1 above as and when due, (b) timely renew or replace each policy, and (c) deliver to Landlord certificates evidencing such coverage. 11.4 Waiver of Subrogation. Each party releases the other party, and waives its entire right of recovery against the other party, for all direct, consequential, or other loss or damage arising out of or related to any damage to the releasing and waiving party's property that is covered by property insurance carried by the releasing and waiving party, whether or not such loss or damage was caused by the negligence of the other party or its agents, employees, contractors and/or invitees. ARTICLE XII INDEMNIFICATION 12.1 Indemnification. Except to the extent caused by the negligence, recklessness, or willful misconduct of Landlord, Tenant shall indemnify, hold harmless, and defend Landlord from and against any and all suits, claims, actions, damages, liability, and expense (including reasonable attorneys' fees) (collectively, "Claims") in connection with loss of life, personal injury, or damage to property arising from or out of (a) Tenant's use or occupancy of the Premises, (b) any injury or damage to any person or property occurring in or at the Premises, or (c) any negligence, recklessness, or willful misconduct of Tenant or any of its agents or employees. Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability Landlord is entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. ARTICLE XIII DAMAGE OR DESTRUCTION 13.1 Casualty Damage. (a)Subject to Section 13.1(b) and 13.2 below, if the Improvements should be damaged or destroyed by fire, windstorm, or other casualty (a "Casualty"), Tenant shall proceed with reasonable diligence to rebuild or repair the Improvements on the Premises to substantially the condition in which they existed prior to such Casualty. If the Improvements are to be rebuilt or repaired in whole or in part following such damage, the rent payable hereunder shall be adjusted equitably in proportion to the area damaged. Tenant's obligation to rebuild and repair under this Article XIII shall in any event be limited to restoring the Premises to substantially the same condition as existed immediately prior to the Casualty. Tenant's obligations hereunder shall further be limited to the extent of the insurance proceeds available for such restoration and repairs, and [GM15-1371-016/183123/1]11 Tenant shall not be required to expend any of its own funds to rebuild and/or repair the Improvements. (b)Tenant shall have the right, at its option, to terminate this Lease in the event of a Casualty that (i) is reasonably anticipated to prevent Tenant from conducting its business in the Premises for 180 days or more, or (ii) occurs during the last 24 months of the Term. Tenant shall give Landlord written notice of its intent to terminate this Lease within 60 days after the date of the Casualty. If the Lease is terminated by Tenant pursuant to this paragraph, the Rent shall be abated for the unexpired portion of this Lease effective from the date of the Casualty, and Tenant shall not be obligated to rebuild or restore the Improvements. 13.2 Insurance Proceeds. All insurance proceeds attributable to the Improvements and paid as a result of any Casualty shall be paid to Tenant for the purpose of rebuilding or repairing the Improvements, unless Tenant terminates this Lease pursuant to this Article XIII, in which event (a) all insurance proceeds paid as a result of any Casualty damage to the Improvements owned by Landlord shall be paid to and be the property of Landlord, and (b) all insurance proceeds paid as a result of any Casualty damage to the Tenant Equipment or any Improvements owned by Tenant shall be paid to and be the property of Tenant. Landlord and Tenant shall jointly adjust, collect and compromise all claims under any casualty insurance policy required by this Lease and execute and deliver all necessary proofs of loss, receipts, vouchers, and releases required by any insurers. ARTICLE XIV CONDEMNATION 14.1 Notice. If either Landlord or Tenant learns that any portion of the Premises has been or is proposed to be subjected to a Taking (as defined below), such party shall promptly notify the other party of such Taking. A "Taking" means the taking of all or any portion of the Premises or any and all access thereto as a result of the exercise of the power of eminent domain or condemnation for public or quasi-public use, or the sale or conveyance of all or any part of the Premises or any and all access thereto in lieu of or under the threat of eminent domain or condemnation. 14.2 Termination Option on Substantial Taking. If a Taking occurs during the Term that, in the reasonable judgment of Tenant, interferes with the use of the Premises for Tenant's intended use (a "Substantial Taking"), Tenant may, at its option and upon written notice to Landlord, terminate this Lease as of the date title of any of the Premises subject to such Taking is transferred to the condemning authority (the "Taking Date"). 14.3 Continuation of Lease. If a Taking occurs during the Term that is not a Substantial Taking, or if a Substantial Taking occurs but Tenant fails to exercise its termination option according to Section 14.2 above, this Lease shall remain in full force and effect according to its terms, except that, effective as of the Taking Date, this Lease shall terminate automatically as to any portion of the Premises taken, and the Rent [GM15-1371-016/183123/1]12 payable during the remaining Term shall be adjusted equitably in proportion to the area taken. 14.4 Reconstruction. If a Taking occurs that is not a Substantial Taking, or if a Substantial Taking occurs but Tenant fails to exercise its termination option according to Section 14.2 above, Tenant shall proceed diligently to repair and restore the Improvements on the Land not so taken to the condition that existed immediately prior to the Taking or, if the Premises are not capable of being so repaired and restored, as closely to such condition as is reasonably practicable, and the Rent payable during the remaining Term shall be adjusted equitably in proportion to the area taken. 14.5 Awards. If any Taking occurs, all awards, compensation, damages, or other consideration paid or payable in connection with the Taking (collectively, the "Award") shall be allocated between Landlord and Tenant as follows: (a) Landlord shall be entitled to receive any portion of the Award attributable to the taking of Landlord's fee interest in the Land, and (b) Tenant shall be entitled to receive any portion of the Award attributable to the taking of Tenant's leasehold interest and any Improvements (including, without limitation, the Building) owned or paid for by Tenant. Tenant shall also be entitled to make a claim for the value of the Tenant Equipment and any other personal property or inventory owned by Tenant, and any moving or business relocation expenses and other business damages of Tenant. In addition, and notwithstanding the foregoing, to the extent Tenant has any restoration or repair obligations pursuant to this Article XIV, any Taking compensation, damages, or consideration paid to Landlord shall be made available to Tenant and used by Tenant for the purpose of such repair or restoration. 14.6 Termination for Municipal Need. So long as Landlord is The City of Clearwater, Florida, Landlord may terminate this Lease in the event it determines that the Premises are required for any other municipal purposes by giving Tenant 60 days' written notice of the city council meeting at which such intended change in use is to be discussed, in which case (a) this Lease shall terminate in every respect, and (b) Landlord agrees to pay Tenant an amount equal to the then-unamortized Total Project Costs incurred by Tenant (which, for purposes of this Section 14.6 only, shall not exceed $3,433,496.00), which amortization shall be calculated on a straight line basis over the period starting on the Rent Commencement Date and ending on the original scheduled Expiration Date. ARTICLE XV ASSIGNMENT AND SUBLETTING 15.1 Assignment and Subletting. Except as provided in Section 15.2 below, Tenant shall not assign Tenant's interest in this Lease, including by operation of law, or sublease the Premises or any portion thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. No assignment, subletting, or other transfer shall relieve Tenant of any liability under this Lease. Tenant shall reimburse Landlord for its reasonable costs (not to exceed $500) in connection with reviewing any request by Tenant for Landlord's consent pursuant to this Section 15.1. [GM15-1371-016/183123/1]13 15.2 Permitted Transfers. Notwithstanding anything in this Lease to the contrary, Tenant may, without Landlord's consent, assign this Lease, sublet the Premises in whole or in part, or transfer any other interest of Tenant in this Lease or the Premises, to an entity (each, a "Permitted Transferee"): (a) controlled by, controlling, or under common control with Tenant; or (b) any successor to Tenant or Tenant's business by way of any merger or acquisition transaction; provided, however, in each case, the assignment, sublease, or transfer to such entity may not be undertaken primarily for the purposes of avoiding the restrictions on assignment or sublease contained in Section 15.1 above. Tenant shall not execute or deliver mortgage, deed of trust, collateral assignment of lease, security agreement, or other hypothecating instrument encumbering Tenant's interest under this Lease or leasehold estate in the Premises created by this Lease, in connection with any financing arrangement by Tenant. ARTICLE XVI END OF TERM 16.1 Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in good condition and in compliance with Tenant's maintenance and repair obligations in Section 9.1 above, normal wear and tear and Casualty damage excepted. Upon the expiration or earlier termination of this Lease, Tenant shall remove all Tenant Equipment from the Premises, but Tenant shall not be obligated to remove or restore any Tenant Work or Alterations made by Tenant to the Premises. 16.2 Holding Over. In the event Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease, Tenant shall be deemed to be occupying the Premises as a tenant at sufferance, at a monthly Base Rent rate, payable in advance, equal to 125%, for the first 90 days, and 200%, thereafter, of the monthly Base Rent rate payable during the last month of the Term, and Tenant shall further be bound by all of the conditions, provisions, and obligations of this Lease to the extent applicable to a tenancy at sufferance. ARTICLE XVII DEFAULTS AND REMEDIES 17.1 Default by Tenant. Each of the following events shall constitute an event of default (each, an "Event of Default") under this Lease: (a)Tenant's failure to pay any Rent when due, which failure is not cured within 10 business days after written notice by Landlord to Tenant. (b)Tenant's failure to comply with any non-monetary term, condition, or covenant of this Lease, which failure is not cured within 30 days after written notice by Landlord to Tenant; provided, however, if such default cannot reasonably be cured within 30 days, Tenant shall be entitled to such additional time as is reasonably necessary to cure such default, so long as Tenant commences curing such default within the initial 30 day period and thereafter diligently pursues such cure to completion. [GM15-1371-016/183123/1]14 (c)Tenant's vacating or abandoning the Premises, other than during Excused Periods. (d)Tenant's interest under this Lease or in the Premises is taken upon execution or by other process of law directed against Tenant, or is subject to any attachment by any creditor or claimant against Tenant, and such attachment is not discharged or disposed of within 90 days after such levy. 17.2 Landlord's Remedies. If any Event of Default occurs, Landlord shall have any and all rights and remedies available to Landlord pursuant to applicable law and/or as set forth in this Lease. A receipt by Landlord of any sum in satisfaction of any obligation with knowledge of the breach of any provision hereof shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless expressed in a writing signed by Landlord. ARTICLE XVIII MISCELLANEOUS 18.1 Estoppel Certificates. Within 20 business days following written request by Landlord or Tenant, the other party shall execute, acknowledge, and deliver to the requesting party a certificate indicating any or all of the following: (a) the date on which the Term of this Lease commenced and the date on which it is then scheduled to expire; (b) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect, as modified, and stating the date and nature of each modification); (c) the then current monthly rent; (d) the date through which Rent has been paid; and (e) that, to the certifying party's actual knowledge, no default by either party exists, other than those defaults stated in such certificate. Any such certificate may be relied upon by the requesting party and (i) if Landlord is the requesting party, by any current or prospective purchaser or mortgagee, and (ii) if Tenant is the requesting party, by any current or prospective lender of Tenant or any prospective subtenant or assignee. 18.2 Non-Disturbance Agreement. Landlord shall provide Tenant with a non- disturbance agreement reasonably acceptable to Tenant, which may be included as part of a subordination, non-disturbance, and attornment agreement (a "Non-Disturbance Agreement") executed by all future holders of any mortgages or deeds of trust on the Premises or any ground lessors of the Premises (each, a "Holder"). The entry into a satisfactory Non-Disturbance Agreement with any future Holder shall be a condition precedent to the subordination of this Lease to any future mortgage, deed of trust, or ground lease and Tenant's obligation to attorn to any future Holder. No subordination of this Lease shall operate to modify the terms of this Lease with respect to the rights of the parties to any condemnation award or insurance proceeds. 18.3 Entry By Landlord. Landlord or Landlord's agents shall have the right to enter the Premises upon reasonable notice and during Tenant's non-business hours, accompanied by Tenant's representative, to inspect the Premises. In the event of an emergency, Landlord or Landlord's agents shall have the right to enter the Premises [GM15-1371-016/183123/1]15 without notice and at any time, without being accompanied by Tenant's representative. Landlord agrees to take all reasonable steps to minimize any interference with Tenant's business operations as a result of such entry. 18.4 Construction and Capitalized Terms. As used in this Lease, the singular shall include the plural and any gender shall include all genders as the context requires. All capitalized terms used in this Lease shall have the meanings set forth in this Lease. 18.5 Integration. This Lease and all documents executed by Landlord and Tenant contemporaneously or in connection herewith constitute the entire agreement between the parties hereto with respect to the matters set forth in this Lease and supersede all prior understandings and agreements, whether written or oral, between the parties hereto relating to the Premises and the transactions provided for in this Lease. Landlord and Tenant are business entities having substantial experience with the subject matter of this Lease and each have fully participated in the negotiation and drafting of this Lease. Accordingly, this Lease shall be construed without regard to the rule providing that ambiguities in a document are to be construed against the drafter. 18.6 Brokers. Each of Landlord and Tenant represents and warrants to the other that no brokers have been involved with this Lease or are entitled to a fee or commission in connection with this Lease. Each party shall indemnify, defend, and hold harmless the other party from and against all claims for broker's commissions or finder's fees by any person claiming to have been retained by the indemnifying party in connection with this transaction. 18.7 Notices. All notices, requests and demands to be given hereunder shall be in writing, sent by (a) certified mail, return receipt requested, postage pre-paid; or (b) recognized overnight courier service guaranteeing next day delivery to Landlord and/or Tenant at the address set forth below; or such other address as such party may designate by written notice given in advance. Notices sent in compliance with this paragraph shall be deemed to be delivered: (i) five days after deposit in the United States Post Office; or (ii) one day after deposit with an overnight courier. If to Landlord:City of Clearwater, City Attorney's Office Post Office Box 4748 Clearwater, Florida 33758-4748 Attention: Asst. City Atty--Marina If to Tenant:Clearwater Beach Seafood, Inc. d/b/a Crabby Bill's Clearwater Beach Restaurant 37 Causeway Boulevard Clearwater, Florida 33767 Attention: Gregory Powers Any party hereto may change its notice address upon written notice to the other party hereto in accordance with this paragraph. Notices by the parties may be given on their behalf by their respective counsel. [GM15-1371-016/183123/1]16 18.8 Landlord Liens. Notwithstanding anything in this Lease to the contrary, Landlord hereby subordinates any and all of its Landlord's Liens (as defined below) to the liens of Tenant's lenders. Without limiting the self-executing nature of the immediately preceding sentence, Landlord shall, within 10 business days after written request from Tenant, execute and deliver to Tenant a commercially reasonable form of subordination and access agreement in favor of any lender of Tenant. The term "Landlord's Liens" means any contractual or statutory lien rights that Landlord has or may hereafter acquire for unpaid rentals on any Tenant Equipment or other personal property or inventory now or hereafter owned by Tenant. 18.9 Force Majeure. In the event that either party is delayed or hindered in, or prevented from, the performance of any obligations in this Lease (other than the payment of monies) by reason of strikes, lockouts, labor troubles, failure of power or other utility interruptions, riots, insurrection, war, acts of God, permitting, approval, or other governmental delays, or any other reason of like or unlike nature beyond the reasonable control of the party delayed in performing work or doing acts ("Force Majeure"), such party shall be excused for the period of time equivalent to the delay caused by such Force Majeure. 18.10 Quiet Enjoyment. Landlord covenants that, during the Term and so long as no Event of Default (as defined in Section 17.1) by Tenant exists, Tenant shall have quiet and peaceful possession of the Premises. 18.11 Survival. All obligations of any party hereto not fulfilled at the expiration or earlier termination of this Lease shall survive such expiration or earlier termination as continuing obligations of such party. 18.12 Binding Effect. This Lease shall inure to the benefit of and be binding upon each of the parties hereto and their heirs, legal representatives, successors and assigns. 18.13 Modifications. No modification, waiver or amendment of this Lease or any provisions of this Lease shall be binding upon any party to this Lease unless in writing and signed by such party. 18.14 No Waiver. No waiver of any provision of this Lease shall be implied by any failure of either party to enforce any remedy upon the violation of such provision, even if such violation is continued or repeated subsequently. No express waiver shall affect any provision other than the one specified in such waiver, and then only for the time and in the manner specifically stated. 18.15 Captions. The captions of Articles and Sections are for convenience only and shall not be deemed to limit, construe, affect, or alter the meaning of such Articles and Sections. 18.16 Severability. If any provision of this Lease shall to any extent be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and the invalid or unenforceable provision shall be reformed, to the extent possible, in a manner [GM15-1371-016/183123/1]17 that most closely gives effect to the intent of the parties, consistent with applicable Legal Requirements. 18.17 Jury Trial. Landlord and Tenant waive trial by jury in any action, proceeding or counterclaim brought by Landlord or Tenant against the other with respect to any matter arising out of or in connection with this Lease and/or Tenant's use and occupancy of the Premises. 18.18 Only Landlord/Tenant Relationship. Landlord and Tenant agree that neither any provision of this Lease nor any act of the parties shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. 18.19 Attorneys' Fees. If on account of any breach or default by any party hereto in its obligations to any other party hereto, it shall become necessary for the non- defaulting party to employ an attorney to enforce or defend any of its rights or remedies hereunder, each respective party shall be responsible for their own attorneys' fees, whether or not suit is instituted in connection therewith. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. 18.20 Counterparts; Electronic Signatures. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. Signatures given by facsimile or portable document format (PDF) shall be binding and effective to the same extent as original signatures. 18.21 Governing Law. This Lease shall be construed, governed and enforced in accordance with the laws of the state in which the Premises are located. 18.22 Recording. Upon request of either party, Landlord and Tenant shall execute a memorandum or short form of this Lease, have it properly acknowledged for the purpose of recording, and record such instrument in the proper office in the City or County in which the Premises are located. Upon request by Landlord or Tenant, in connection with any future modification of this Lease, the parties agree to execute and cause to be recorded a modification of memorandum or short form lease, in a commercially reasonable form, setting forth such modified terms. The cost of recording shall be borne by the requesting party. 18.23 Landlord's Consent. Wherever this Lease calls for Landlord's consent, approval or discretionary action, Landlord shall not unreasonably withhold, condition, delay, or exercise such consent, approval or discretionary action, except as otherwise expressly provided in this Lease. 18.24 Exhibits. Any exhibits attached to this Lease constitute a part of this Lease and are incorporated into this Lease by this reference. [GM15-1371-016/183123/1]18 18.25 Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a structure in sufficient quantities, may present health risks to persons who are exposed to it. Levels of radon that exceed federal and state guidelines have been found in buildings in the State of Florida. Additional information regarding radon and radon testing may be obtainable from the county public health unit. 18.26 Environmental Conditions. Tenant is leasing the Premises "as is, where is" without any additional representation regarding the environmental condition of the Premises, other than the information already provided in Addendum #1 to RFP 20-15, which is attached as Exhibit C to this Lease. [SIGNATURE PAGE(S) TO FOLLOW] [GM15-1371-016/183123/1]19 SIGNATURE PAGE TO LEASE AGREEMENT Landlord and Tenant have executed this Lease Agreement as of the Effective Date. Countersigned ___________________________ George N. Cretekos, Mayor Approved as to form: ___________________________ Camilo A. Soto Assistant City Attorney LANDLORD: THE CITY OF CLEARWATER, FLORIDA, a municipal corporation By: William B. Horne, II, City Manager Date: [__________________], 2016 Attest: ________________________________ Rosemarie Call, City Clerk WITNESSES: Name: Name: TENANT: CLEARWATER BEACH SEAFOOD, INC., a Florida corporation By: Name: Title: Date: [__________________], 2016 [GM15-1371-016/183123/1]20 EXHIBIT A Legal Description of Land [GM15-1371-016/183123/1]21 EXHIBIT B Annual Base Rent 1.Annual Base Rent. Commencing on the Rent Commencement Date, Tenant shall pay "Base Rent" to Landlord for each Rental Year in an amount equal to (a) the Base Rent Rate per Square Foot for such Rental Year, multiplied by the Building Square Footage, less (b) the Project Cost Amortization Amount. 2.Definitions. The following capitalized terms used in this Exhibits have the following meanings: "Adjustment Date" means each anniversary of the Rent Commencement Date, commencing with the first anniversary of the Rent Commencement Date (i.e., the first day of the second Rental Year and each subsequent Rental Year). "Annual PPI Percentage Increase" means the increase (if any) in the PPI, stated as a percentage, over the 12 month period immediately preceding the applicable Adjustment Date. "Base Rent Rate per Square Foot" means $47.50 per square foot for the first Rental Year, increased on each Adjustment Date by an amount equal to the greater of (a) 2% or the rate for the immediately preceding Rental Year, and (b) the applicable Annual PPI Percentage Increase for the immediately preceding 12 month period. "Building Square Footage" has the meaning set forth in Section 3.7. "PPI" means the Producer Price Index by Commodity for Finished Goods (Seasonally Adjusted) (Index 1982=100) (Series ID: WPSSOP3000), as now published by the U.S. Bureau of Labor Statistics. "Project Cost Amortization Amount" has the meaning set forth in Section 3.6. "Rental Year" means each successive 12 calendar month period during the Term, commencing on the Rent Commencement Date; provided, the last Rental Year shall end on the Expiration Date. "Rent Commencement Date" has the meaning set forth in Section 4.1. [GM15-1371-016/183123/1]22 EXHIBIT C Environmental Addendum [GM15-1371-016/183123/1]23 Lot 12Lot 13City ParkSubdivisionPlat Book 23,Page 37Legal Description:Linetype LegendAbbreviation Legend [GM15-1371-016/182897/2]- 1 - REVOCABLE LICENSE AGREEMENT FOR COMMERCIAL USE OF CITY OF CLEARWATER PROPERTY This LICENSE AGREEMENT is made and entered into this ______ day of ________________, 2016, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (“Licensor”), and CLEARWATER BEACH SEAFOOD, INC., a Florida corporation, whose principal address is 37 Causeway Boulevard, Clearwater, FL 33767 (“Licensee”). WHERAS, Licensor has executed a Lease Agreement dated ____________ to construct and operate a full service restaurant at 37 Causeway; and WHEREAS, Licensor would like to provide outdoor seating for the aforementioned restaurant in the area identified herein as the License Premises; and WHEREAS, the Licensee agrees with Licensor’s proposed use of the License Premises and desires to formalize said use; NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: (Whenever used herein the terms “Licensor” and “Licensee” shall include all of the parties to this instrument, and heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: 1.License Premises: In consideration of Licensee timely and fully complying with the covenants and conditions herein contained, Licensor does hereby grant to Licensee and Licensee hereby accepts from Licensor, a revocable License to utilize the following described premises owned by Licensor: See Exhibit “A” attached hereto and by this reference, made a part hereof (hereinafter, the “License Premises”). 2.Use of License Premises: Licensee shall have the right and privilege to utilize the above-described premises solely for outdoor seating for the adjacent Crabby Bill’s Restaurant, which is operated by Licensee. 3.License Term: The parties hereto hereby agree that this License allows Licensee to occupy the License Premises until the occurrence of any one, or more, of the following, whichever shall occur first: a. Material default by Licensee in the performance of any of the terms, covenants or conditions of this License and/or the Lease Agreement dated ___________, and in [GM15-1371-016/182897/2]- 2 - the failure of Licensee to remedy, or undertake to remedy, to Licensor’s reasonable satisfaction such default for a period of sixty (60) days after receipt of Notice from Licensor to remedy same; or, b. Receipt by Licensee of written notice from Licensor that Licensor has determined at its sole discretion that the Licensee shall vacate the License Premises Upon such notice, Licensee shall have sixty (60) days to vacate the License Premises. 4.At such time as any of the aforementioned events occur, all rights granted herein in favor of the Licensee shall automatically extinguish and the License Premises shall revert fully to the Licensor as if this License had never been granted. 5.Liability / Indemnification: Licensor will not accept and explicitly renounces any liability of any nature for use of the License Premises by the Licensee, its employees, agents, contractors and invitees. Licensee shall save and hold harmless the Licensor, its successors and/or assigns, from any and all liability arising from injury to person or property during the term hereof; provided, however, that Licensor may be liable in any event, only to the extent permitted by the limits of Florida Statutes 768.28, to Licensee for any injury to person or property upon the License Premises occasioned wholly or in part by any negligent act or omission of the Licensor, its employees, agents and invitees. Nothing contained herein 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 creating third party beneficiaries or as consent by the Licensor to be sued by third parties in any manner arising from this grant of License. 6.Insurance: Licensee shall procure and maintain during the term of this License coverage consistent with the requirements detailed in the Lease Agreement dated ___________ and shall provide coverage in the same manner as detailed therein. 7.Other Provisions: Integral to the rights and privileges herein granted, the parties further agree as follows: a. Licensee shall at all times maintain the License Premises in compliance with all applicable City of Clearwater codes. b. Licensee shall be responsible for direct costs associated with the conducting its business practices, including but not limited to, all expenses for utilities required, if any, in the operation and maintenance of the License Premises, and any and all maintenance required on the License Premises. c. Licensee, at its sole expense, shall comply with all applicable Federal, State and Local environmental laws, and shall not allow the storage, use, disposal, or discharge by itself or others, of any contaminants or hazardous materials as defined in State, Federal or Local environmental laws on or about the License Premises. [GM15-1371-016/182897/2]- 3 - d. If this License, or its operation, shall create any ad valorem or other tax obligations, it shall be incumbent solely upon Licensee to timely satisfy such obligations. 8.Notice: Any notice given by one party to the other in connection with this License shall be sent by certified mail, return receipt, with postage and fees prepaid, addressed as follows: If to Licensor:City of Clearwater, City Attorney’s Office P. O. Box 4748 Clearwater, Florida 33758-4748 If to Licensee:Clearwater Beach Seafood, Inc. D/B/A Crabby Bill’s Clearwater Beach Restaurant 37 Causeway Boulevard Clearwater, Florida 33767 9.Quiet Enjoyment: Upon observing and performing the covenants, terms and conditions required by this License, the Licensee shall peaceably and quietly hold and enjoy the License Premises for the indeterminate term as stipulated herein, without hindrance or interruption by Licensor. It is expressly understood and agreed that all rights of ownership of the License premises not inconsistent with the license rights herein conveyed to Licensee are reserved to Licensor. Subject to the terms and conditions hereof, Licensor shall have the right at its sole discretion to grant such other licenses, rights or privileges to other persons and entities so long as such grants shall not unreasonably interfere with rights and privileges conveyed herein to Licensee. 10.Entire Agreement: This License contains all of the terms, conditions and covenants binding the parties hereto. There are no other terms, conditions, covenants or understandings, either written or oral, binding upon the parties unless expressed herein in writing or subsequently addended hereto by mutual agreement of the parties. IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands and seals the day and year first above written. [Signature page to follow.] [GM15-1371-016/182897/2]- 4 - SIGNATURE PAGE TO REVOCABLE LICENSE AGREEMENT Signed, sealed and delivered Clearwater Beach Seafood, Inc. In the presence of: ______________________________ By: ______________________________ Witness signature Print Name _______________________ ______________________________ Title _____________________________ Print Witness name ______________________________ Witness signature ______________________________ Print Witness name Countersigned:CITY OF CLEARWATER, FLORIDA _______________________________By: _____________________________ George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form:Attest: ____________________________________________________________ Camilo A. Soto Rosemarie Call, City Clerk Assistant City Attorney Lot 12Lot 13City ParkSubdivisionPlat Book 23,Page 37Legal Description:Linetype LegendAbbreviation Legend Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2394 Agenda Date: 5/5/2016 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Communications Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Award a contract (purchase order) for Copying and Printing Services to GLEM Inc DBA Sir Speedy Printing and authorize the appropriate officials to execute same. (consent) SUMMARY: Public Communications staff is requesting that an annual blanket purchase order be approved for GLEM Inc DBA Sir Speedy Printing of Clearwater, FL for as-needed term contract for copying and printing services required by the City's departments. Five responses were received for the Invitation to Bid No. 09-16 Copying and Printing Services. After evaluating the costs for various services, staff is recommending GLEM Inc. DBA Sir Speedy Printing as the most responsive, responsible proposer to the Invitation to Bid specifications. Sir Speedy has an extensive printing resume, providing for small and large quantity print jobs with high quality work and quick turnaround times. The City is not obligated to use any or the entire amount of the $150,000 being requested. The $150,000 estimated annual budget is based on the amount of historical printing expenditures. Staff recommends award of a blanket purchase order for one year, with two one-year renewal terms. Annual renewals will not exceed $150,000 without appropriate authorization/approval, as required. APPROPRIATION CODE AND AMOUNT: Funding for this BPO will come from a variety of departmental codes throughout the city depending on who requests what jobs to be printed. Page 1 City of Clearwater Printed on 5/4/2016 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8805-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8805-16 on second reading, amending the city’s Comprehensive Plan by amending the Future Land Use Plan element updating the concurrency management system and allowing for non-contiguous annexations; amending the transportation element, establishing multi-modal design features; amending the coastal management element; amending the intergovernmental coordination element; amending the capital improvements element; and updating various terms and references. SUMMARY: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 ` 1 Ordinance No. 8805-16 ORDINANCE NO. 8805-16 AN ORDINANCE OF THE CITY OF CLEARWATER (THE CITY), FLORIDA, AMENDING THE CITY’S COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT UPDATING THE CONCURRENCY MANAGEMENT SYSTEM AND ALLOWING FOR NON-CONTIGUOUS ANNEXATIONS; BY AMENDING THE TRANSPORTATION ELEMENT ESTABLISHING A MOBILITY MANAGEMENT SYSTEM AND REPEALING TRANSPORTATION CONCURRENCY, ESTABLISHING MULTI-MODAL DESIGN FEATURES, AND ENSURING THE CITY’S COORDINATION WITH THE METROPOLITAN PLANNING ORGANIZATION AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; BY AMENDING THE COASTAL MANGEMENT ELEMENT BY REMOVING TRAFFIC FROM LEVEL OF SERVICE STANDARDS AND ADDING POLICIES ENCOURAGING STRATEGIES AND ENGINEERING SOLUTIONS THAT REDUCE FLOOD RISK IN COASTAL AREAS; BY AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT REMOVING REFERENCE TO ROAD LEVEL OF SERVICE; BY AMENDING THE CAPITAL IMPROVEMENTS ELEMENT REMOVING TRANSPORTATION LEVEL OF SERVICE STANDARDS AND UPDATING CAPITAL IMPROVEMENT FUND EXPENDITURE AND REVENUE SUMMARIES; UPDATING VARIOUS TERMS AND REFERENCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, Florida House Bill 7207, also known as the Community Planning Act, was signed into law in 2011; and WHEREAS, the Community Planning Act removed State requirements for local government implementation of transportation concurrency management systems; and WHEREAS, the City of Clearwater participated in a multi-jurisdictional Mobility Plan Task Force, facilitated by the Pinellas County Metropolitan Planning Organization, to develop a framework for a countywide approach to implementation of a mobility management system in place of transportation concurrency; and WHEREAS, the Pinellas County Metropolitan Planning Organization created the Pinellas County Mobility Plan to replace transportation concurrency; and WHEREAS, The Pinellas County Mobility Plan is applicable countywide; and WHEREAS, the City of Clearwater desires to replace transportation concurrency with a mobility management system approach that is multi-modal, and designed to better support redevelopment and associated transportation, land use, intergovernmental, and capital improvement goals; and ` 2 Ordinance No. 8805-16 WHEREAS, additional amendments are proposed to address an Interlocal Service Boundary Agreement (ISBA) the city and Pinellas County entered into which allows voluntary annexations of noncontiguous properties within “Type A” enclaves, as defined in the ISBA; and WHEREAS, such ISBA should be recognized in the Comprehensive Plan; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.That Policy A.2.2.6 of the Clearwater Comprehensive Plan Future Land Use Element, page A-10, be amended to read as follows: ***** A.2.2.6 The Community Development Code shall provide for safe on-site traffic circulation and connections to adjacent arterial and collector streets consistent with Florida Department of Transportation and, Institute of Traffic Engineers design guidelines, and other applicable roadway design standards, policies, and guidelines. ***** Section 2.That Goal A.4 of the Clearwater Comprehensive Plan Future Land Use Element, and its Objective and Policies, pages A-11 through A-12, be amended to read as follows: A.4 GOAL – THE CITY SHALL NOT PERMIT DEVELOPMENT TO OCCUR UNLESS AN ADEQUATE LEVEL OF SERVICE IS AVAILABLE TO ACCOMMODATE THE IMPACTS OF DEVELOPMENT. AREAS IN WHICH THE IMPACT OF EXISTING DEVELOPMENT EXCEEDS THE DESIRED LEVELS OF SERVICE WILL BE UPGRADED CONSISTENT WITH THE TARGET DATES FOR INIFRASTRUCTURE IMPROVEMENTS INCLUDED IN THE APPLICABLE FUNCTIONAL PLAN ELEMENTWORK TOWARD A LAND USE PATTERN THAT CAN BE SUPPORTED BY THE AVAILABLE COMMUNITY AND PUBLIC FACILITIES THAT WOULD BE REQUIRED TO SERVE THE DEVELOPMENT. A.4.1 Objective - The City shall examine and upgrade the Concurrency Management and information system as appropriate for granting development permits. This system shall continue to consider the current, interim, and ultimately desired Levels of Service for roads, transit, water, sewer, garbage collection, and drainage systems and shall provide data on sub-sectors of the City in which service deficiencies exist or in which services are adequate to serve existing and planned new development. This level of service status will be considered and made part of the staff recommendation at the time of zoning, site plan, or plat approval. The level of service monitoring system shall be adjusted, at a minimum, annually to determine adequacy of service capacity. The City’s Concurrency Management System will ensure the compatibility of all proposed development with the capacities of the existing and planned support facilities for which a level of service has been adopted. Should a requested development permit result in approvals which would burden service systems above adopted levels, permission to proceed with the development will not be granted until the City has assured that adequate services will be available concurrent with the impacts of development. ` 3 Ordinance No. 8805-16 Policies A.4.1.1 No new development or redevelopment will be permitted which causes the level of City services (roads, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. The Concurrency Management System shall ensure proposed development is in conformance with existing and planned support facilities for which a level of service standard has been adopted and that such facilities and services are available, at the adopted level of service standards, concurrent with the impacts of development. A.4.1.2 The City’s Concurrency Management System shall include, at minimum, level of service standards for parkland, potable water, sanitary sewer, solid waste, and stormwater. A.4.1.3 The City, when making decisions on requests to amend the Future Land Use Map or the Zoning Atlas (other than decisions on appropriate locations for mixed-use or transit oriented development), shall review the potential impact on the transportation system by considering the following: a. Ability of the surrounding existing and planned transportation network to meet the mobility objectives of the Comprehensive Plan; b. Capacity of the surrounding existing and planned transportation network to accommodate any projected additional demand; and c. Extent to which the proposed Future Land Use Map amendment or rezoning furthers the intent of the Comprehensive Plan to improve mobility. A.4.1.24 The City shall recognize the overriding Constitutional principle that private property shall not be taken without due process of law and the payment of just compensation, which principle is restated in Section 163.3194 (4) (a), Florida Statutes. Section 3.That Policy A.5.4.8 of the Clearwater Comprehensive Plan Future Land Use Element, page A-14, be amended to read as follows: ***** A.5.4.8 Study the establishment of transportation concurrency alternatives Implement a Mobility Management System as detailed in the City’s Community Development Code, to support higher densities along redevelopment corridors and in activity centers. ***** Section 4.That Policy A.7.1.2 of the Clearwater Comprehensive Plan Future Land Use Element, page A-24, be amended to read as follows: ***** ` 4 Ordinance No. 8805-16 A.7.1.2 When evaluating and prioritizing areas to annex, consideration should be given to the following: ***** Whether property was given high priority in the City’s Sewer System Expansion Feasibility Study Update completed in 2002 2011; ***** Section 5.That a new Policy A.7.2.4 of the Clearwater Comprehensive Plan Future Land Use Element, page A-25, be added, with subsequent Policies renumbered, and that Policy A.7.2.6, as renumbered, be amended to fix a typographical error: ***** A.7.2.4 Allow voluntary annexations for noncontiguous properties that are within an enclave as defined by Section 171.032(13)(a), Florida Statutes (“Type A” enclaves). A.7.2.45 Promote economic development programs and activities to businesses within the unincorporated areas of the Clearwater Planning Area. A.7.2.56 Continue to work with property owners and Pinellas County to permit development activities in the County prior to the effective date of annexation provided the proposed development complies with the provisions of the City of Clearwater Development Code. Section 6.That the Transportation Needs Summary section of the Clearwater Comprehensive Plan Transportation Element, page B-1, be amended to read as follows: ***** Traffic Circulation & Mobility Multi-modal transportation improvements to Clearwater Beach should continue to be planned and/or utilized to alleviate traffic congestion and parking demands on the Memorial Causeway and the beach. Access management to improve traffic flow will continue to be an important issue in development reviews, with particular emphasis on congested links. The traffic concurrency system will continue to monitor vehicle trips on the roadway system. Belleair Road (CR462) and Clearwater Memorial Causeway (SR60) are physically and/or environmentally constrained and will continue to operate below the acceptable levels-of-service. The City will continue to work with Florida Department of Transportation (FDOT), the Metropolitan Planning Organization (MPO), Tampa Bay Area Regional Transportation Authority (TBARTA), Pinellas Suncoast Transit Authority (PSTA) and other agencies to promote transportation alternatives and demand management. create and maintain a multi-modal transportation system that is safe and efficient for all users, including bicyclists, pedestrians and transit users, as well as motorists. ` 5 Ordinance No. 8805-16 ***** Section 7.That the Traffic Circulation section of the Clearwater Comprehensive Plan Transportation Element, page B-3, be renamed as follows: TRAFFIC CIRCULATION & MOBILITY Section 8.That Goal B.1 of the Clearwater Comprehensive Plan Transportation Element, page B-3, be amended and a new Objective B.1.1 and its Policies be added to read as follows, with subsequent Objectives and Policies renumbered: B.1 GOAL - THE TRAFFIC CIRCULATION SYSTEM THE CITY SHALL PROVIDE FOR THE A SAFE, CONVENIENT AND ENERGY EFFICIENT DELIVERY OF PEOPLE AND GOODS BY A MULTIMODAL TRANSPORTATION SYSTEM THAT SERVES TO INCREASE MOBILITY, EFFICIENTLY UTILIZE ROADWAY CAPACITY, REDUCE THE INCIDENCE OF SINGLE-OCCUPANT VEHICLE TRAVEL, REDUCE THE CONTRIBUTION TO AIR POLLUTION FROM MOTOR VEHICLES, AND IMPROVE THE QUALITY OF LIFE TO THE CITIZENS OF THE CITY OF CLEARWATER. B.1.1 Objective – Maintain the major road network performance within the City while furthering development of a multi-modal transportation system that increases mobility for pedestrians, bicyclists, and transit users as well as for motorists. Policies B.1.1.1 The City shall implement the Mobility Management System within the City’s Community Development Code. The impacts of land development projects shall be managed through the application of Transportation Element policies, through requirements of the Community Development Code, and through the site plan review process. The Mobility Management System shall address the following: a. All development projects generating new peak hour trips shall be subject to payment of a multi-modal impact fee. b. Development projects that generate between 51 and 300 new peak hour trips of deficient roads shall be classified as tier 1 and required to submit a transportation management plan (TMP) designed to address their impacts while increasing mobility and reducing demand for single occupant vehicle travel. c. Development projects that generate more than 300 new peak hour trips on deficient roads shall be classified as tier 2, required to conduct a traffic impact study, and submit an accompanying report and TMP based on the report findings. d. Multi-modal impact fee assessments may be applied as credit toward the cost of a TMP. e. A traffic study and/or TMP for a development project not impacting a deficient road corridor shall be required if necessary to address the impact of additional trips generated by the project on the surrounding traffic circulation system. ` 6 Ordinance No. 8805-16 B.1.1.2 The City shall continue to use roadway levels of service for planning purposes. B.1.1.3 The Capital Improvements Element shall include reference to “deficient” roadways, as identified through the most recent version of the annual Metropolitan Planning Organization (MPO) Level of Service Report, including facilities operating at peak hour level of service (LOS) E and F and/or volume-to-capacity (v/c) ratio 0.9 or greater without a mitigating improvement scheduled for construction within three years. B.1.1.4 The City shall utilize multi-modal impact fee revenue to fund multi-modal improvements to local, county, or state facilities that are consistent with the Comprehensive Plan as well as the MPO Long Range Transportation Plan 2040. B.1.1.5 The City shall work cooperatively with the MPO and other local governments to complete the biennial update of the Multi-modal Impact Fee Ordinance through the MPO planning process. B.1.1.6 The City shall continue to work with the Pinellas Suncoast Transit Authority (PSTA) to increase the efficiency of the fixed-route system by encouraging mass transit use through the application of the Mobility Management System and the City’s site plan review process. Section 9.That Objective B.1.2 of the Clearwater Comprehensive Plan Transportation Element, as renumbered by this ordinance, page B-3, and its Policies be amended, and Policies B.1.2.3 through B.1.2.8 be added to read as follows, with subsequent Objectives and Policies renumbered: B.1.12 Objective – Every expansion or extension of arterial and collector streets shall be constructed consistent with Florida Department of Transportation engineering standards. Future improvements to arterial and collector streets shall include, where, possible, enhanced design to accommodate bicycle/pedestrian traffic. Future improvements to arterial and collector streets shall be context-sensitive by planning and designing the roadway based on the existing context of the surrounding built environment and the planned land use vision. B.1.12.1 The City shall continue to administer access management and right-of-way requirements through the Community Development Code. B.1.12.2 The City will promote programs that ensure physical safety of non-motorized transportation users in accordance with the City’s Shifting Gears: Bicycle and Pedestrian Master Plan. B.1.2.3 The City will operate, maintain, and improve the City transportation system consistent with the Florida Department of Transportation’s (FDOT) Complete Streets Policy. B.1.2.4 The City shall coordinate efforts with FDOT to incorporate bicycle and pedestrian- friendly provisions in the design and construction of expansion and resurfacing projects on State roads, where feasible. B.1.2.5 The City shall require land development projects to make adequate provisions for bicycle parking and storage as appropriate. ` 7 Ordinance No. 8805-16 B.1.2.6 The City shall include sidewalks where feasible alongside roadways scheduled for resurfacing. B.1.2.7 The City shall install landscaping along sidewalks using tree canopy, where feasible, to provide shaded areas for pedestrians. B.1.2.8 The City shall incorporate livable community requirements such as Objective A.6.8 and its Policies to proposed developments or redevelopments. ***** Section 10.That Objective B.1.3 of the Clearwater Comprehensive Plan Transportation Element, pages B-3 and B-4, and its Policies be amended as follows, with subsequent Objectives and Policies renumbered: B.1.34 Objective - The City will continue to monitor traffic counts, accidents, and road improvements, to provide timely status evaluation of level of service conditions for issuance of development approvals. Policies B.1.34.1 The City will continue to review potential trips generated by Rrequests for amendment to the Future Land Use Map will have an analysis of traffic impacts. B.1.3.2 The City’s Traffic Concurrency Management System will continue to monitor roadways’ level-of-service (LOS) consistent with specific procedures and requirements in the Community Development Code, to issue and track certificates of concurrency/capacity, along with required traffic impact studies and mitigation strategies for any development which may degrade the acceptable level of service of an affected transportation facility, and required documentation of the 110% de minimis transportation impact threshold as per 163.3180, F.S. B.1.34.32 The concurrency Mobility mManagement sSystem will be enhanced applied through improved departmental coordination. and the proactive identification and resolution of level of service concerns. Section 11.That Policies B.1.4.1 through B.1.4.7 of the Clearwater Comprehensive Plan Transportation Element, pages B-4 and B-5, be amended to read as follows, with subsequent Objectives and Policies renumbered: Policies B.1.45.1 The City shall continue to review trips generated by land development projects through the Traffic Concurrency Management Program Mobility Management System. B.1.45.2 For those roads which are not currently operating at an acceptable LOS, or which do not have programmed improvements to upgrade service to an acceptable level a mitigating improvement scheduled for construction within three years, the concurrency Mobility mManagement sSystem shall be used to monitor traffic growth, ` 8 Ordinance No. 8805-16 with the dual intent of maintaining average operating speeds and restricting the aggregate and individual trips generated by development in the City limits. B.1.4.3 The concurrency management system shall address thresholds in applying the standards for determining concurrency, and shall consider mitigation of impacts and alternative means to maintain acceptable traffic flows as alternatives to denying a development permit. B.1.4.4 The City shall explore transportation concurrency alternatives, such as Multimodal Transportation Districts (MMTD’s), for downtown, Clearwater Beach and/or other potential redevelopment areas or activity centers, to incorporate community design features that reduce vehicular usage while supporting an integrated multimodal transportation system. B.1.45.53 If an alternative to transportation concurrency is being considered for a designated redevelopment and/or revitalization area that requires approval by the State, it Redevelopment and/or revitalization projects shall be coordinated with the FDOT and the Department of Community Affairs (DCA) Department of Economic Opportunity (DEO) to assess impacts on US 19. B.1.4.6 When a development results in traffic generation volumes causing a degradation of service below D in the pm peak hour, the City shall require transportation facilities to be in place or under actual construction within 3 years after issuance of a building permit, in accordance with the City’s Proportionate Fair Share Program. B.1.45.74 The City shall cooperate with the MPO to ensure consistency between comprehensive plan amendments and the Pinellas MPO Long Range Transportation Plan (LRTP) 2025 2040. Section 12.That Objective B.1.5 of the Clearwater Comprehensive Plan Transportation Element, page B-5, and its Policies be deleted: B.1.5 Objective - All County roadways in Clearwater, except those identified as backlogged or constrained by the Pinellas County MPO, shall operate at level C average daily/D peak hour. Policies B.1.5.1 Acceptable peak-hour Levels-of-Service for arterial and collector streets as listed in the MPO’s current “Level-of-Service Inventory Report” are the desired minimum levels. B.1.5.2 The City shall provide the MPO with available up-to-date traffic data, such as signal timings and traffic counts to assist with level-of-service monitoring and development of the MPO’s Long Range Transportation Plan. B.1.5.3 Due to unique conditions of the natural and built environments, and/or seasonal traffic demand, Belleair Road and Clearwater Memorial Causeway shall be considered environmentally constrained facilities. ` 9 Ordinance No. 8805-16 B.1.5.4 The City shall ensure that comprehensive plan amendments are consistent with the Florida Department of Transportation’s (FDOT) statewide minimum levels of service standards for roadway facilities. B.1.5.5 The City shall continue to participate with the MPO and/or its Technical Coordinating Committee (TCC) to ensure that the level of service standard for US Highway 19, a Strategic Intermodal System (SIS) facility is consistent with FDOT’s LOS designation of D for this road. B.1.5.6 Recognize the LOS standard of C average daily/D peak hour and volume/capacity ratio of 0.9 on roads under county jurisdiction, in accordance with the MPO’s countywide concurrency management standards. Section 13.That Objective B.2.1 of the Clearwater Comprehensive Plan Transportation Element, page B-6, be amended, and Policy B.2.1.2 be added to read as follows: B.2.1 Objective - Roadway improvements to obtain desired Levels of Service must be included in State, County, and City capital budgets. The City shall actively participate, on a continuing basis, with both the staff and elected official support, in the preparation, adoption and implementation of transportation plans and expenditure programs of the M.P.O. MPO, P.S.T.A. PSTA, Board of County Commissioners, and the F.D.O.T FDOT. B.2.1.1 The City shall review and comment on the proposed capital improvement programs and provide input to the adopting agencies relative to consistency with Clearwater's Comprehensive Plan. B.2.1.2 The City shall provide the MPO with available up-to-date traffic data, such as signal timings and traffic counts to assist with level-of-service monitoring and development of the MPO’s Long Range Transportation Plan. Section 14.That Objective B.2.3 of the Clearwater Comprehensive Plan Transportation Element, page B-8, be amended, and that Policy B.2.3.2 be deleted as follows: B.2.3 Objective - The City of Clearwater shall annually update the City’s Transportation Improvement Program to include projects that increase the capacity of roadways, and coordinate with and provide input in the update of the Metropolitan Planning Organization’s (MPO) Transportation Improvement Program (TIP) involving County and State roads. The following transportation improvement projects that will enhance road capacity are scheduled for construction within City, County and State work programs for FY2008/09-2012/13: Sunset Point Road US 19A to Keene Road County Summary: Construct to a 2 lane divided urban arterial roadway McMullen Booth Road at Drew Street County Summary: Construct southbound right turn lane and extend left turn lanes McMullen Booth Road at Enterprise Road County Summary: Construct northbound to eastbound right turn lane and receiving lane ` 10 Ordinance No. 8805-16 US Highway 19 From: N of Whitney Rd. to S of Seville Blvd.State Summary: Construct northbound to eastbound right turn lane and receiving lane US Highway 19 From: S of Seville Blvd. to N of SR 60 State Summary: Reconstruct US 19 w/Frontage Rd., Seville Interchange Policies B.2.3.1 Road improvements which are currently programmed for construction should be continued in the Capital Improvement Element of the jurisdiction having operational responsibility for those roads. B.2.3.2 When designing roadway improvements, the City will consider incorporating pedestrian and bicycle facilities if physically and financially feasible. Section 15.That Objective B.4.4 of the Clearwater Comprehensive Plan Transportation Element, page B-14, and Policies B.4.4.1 and B.4.4.2 be amended to read as follows: B.4.4 Objective – The City shall participate and cooperate with agencies and committees to enhance and promote the use of mass transit public transportation system. B.4.4.1 Clearwater shall coordinate with PSTA and the MPO in the continued adoption development of the Five-Year Transit Development Program Plan to address transit needs consistent with adopted lever-of-service policies and transit planning guidelines. identify and include transit improvements that benefit the City. B.4.4.2 Clearwater will cooperate with PSTA and the MPO to improve the transit system to coincide with the improvement detailed in the year 2010 and 2015 most current version of the Long Range Mass Transit Plans. identify transit improvements that could be incorporated as part of corridor plans or development projects. ***** Section 16.That Objective E.1.5 of the Clearwater Comprehensive Plan Coastal Management Element, page E-5, be amended to read as follows: E.1.5 Objective - Llevel of service standards as defined in the functional elements of the Comprehensive Plan (traffic, public utilities, recreation and open space), are established and are recognized as applicable to the coastal storm area. Section 17.That Objective E.1.6 of the Clearwater Comprehensive Plan Coastal Management Element, page E-5, be amended to read as follows, and that new Policies E.1.6.2 and E.1.6.3 be added to read as follows, with subsequent Policies renumbered: E.1.6 Objective - Development and Rredevelopment areas established in the coastal storm area should address the needs and opportunities unique to those locations. E.1.6.1 Redevelopment proposals and plans shall be reviewed for compliance with the goals, objectives and policies of the Comprehensive Plan and other appropriate plans including Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines and the City’s NFIP Community Rating System Floodplain Management Plan. ` 11 Ordinance No. 8805-16 E.1.6.2 New development or redevelopment is encouraged to include principles, strategies, or engineering solutions that: a. reduce the flood risk in the coastal areas which results from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea-level rise; b. may reduce losses due to flooding and claims made under flood insurance policies issued in this state. E.1.6.3 New development or redevelopment shall be consistent with, or more stringent than, the flood-resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. ***** Section 18.That the Intergovernmental Coordination Needs Summary of the Clearwater Comprehensive Plan Intergovernmental Coordination Element, page H-1, be amended to read as follows: Intergovernmental Coordination Needs Summary The following summarizes the Intergovernmental Coordination Element: ***** Road improvements, and backlogged facilities, and levels of service need the coordination of all jurisdictions along the corridor in establishing and maintaining appropriate land use and traffic policies. Coordination with the Florida Department of Transportation (FDOT) is also a major issue to be addressed by continued participation in the M.P.O. process. In addition, Clearwater should continue to be involved with the Tampa Bay Area Regional Transportation Authority (TBARTA) planning process. ***** Section 19.That Objective H.2.2 of the Clearwater Comprehensive Plan Intergovernmental Coordination Element, page H-4, and its Policies be amended, and Policy H.2.2.3 be added to read as follows: H.2.2 Objective - The City shall adopt the F.D.O.T. FDOT level of service standards for State primary and secondary arterials as they may be modified by additional service designations (special transportation areas, etc.) approved by F.D.O.T. FDOT and shall use intergovernmental coordination agreements to secure maximum City control over access and management of roads in Clearwater. Policies H.2.2.1 The City shall continue to cooperate with F.D.O.T. FDOT in all matters of traffic signal access requests that affect the State highway system. H.2.2.2 Clearwater shall provide F.D.O.T. FDOT with annual reports that document efforts at concurrency management on State roads. H.2.2.3 The City will consult with FDOT with regard to the access onto State facilities for new land development projects. ` 12 Ordinance No. 8805-16 Section 20.That the Capital Improvements Element Needs Summary of the Clearwater Comprehensive Plan Capital Improvements Element, page I-1, be deleted as follows: Capital Improvements Element Needs Summary The following section highlights several current capital improvement projects and their respective funding sources supported in the other Comprehensive Plan elements and specified in the City’s six-year schedule of the Capital Improvement Program (CIP). The CIP is updated and adopted annually by the City Council: The $2.5 million Bayshore Boulevard Realignment Project is planned in FY2012/13. This project will eliminate a dangerous curve just north of Drew Street on heavily traveled Bayshore Boulevard. Funding is Penny for Pinellas III. The City’s Streets and Sidewalks Program is currently budgeted for $11.165 million in the six- year CIP schedule with a funding source of road millage. The City proposes a total of $29.709 million of improvements within the City’s Stormwater Infrastructure Program over the six-year CIP period. The funding sources for this project are the Stormwater Fund and a future bond issue. The $1.620 million Commercial Container Acquisition CIP project is planned through Solid Waste funds. The $1.2 million Reclaimed Water Distribution System CIP project is being funded through water funds. The $9.885 million Sanitary Sewer Extensions CIP project is being funded through: $1.642 million from Sewer Impact, $4.101 million through Utility Renewal and Replacement, and $4.142 through Sewer Revenue. The $23.883 million Parks Development projects over the six-year CIP period are being funded through Penny III funds, General Fund, various grants, FDOT reimbursement, and Sports Events Revenue. Section 21.That Objective I.1.1 of the Clearwater Comprehensive Plan Capital Improvements Element, page I-2, and Policies I.1.1.2, I.1.1.5, I.1.1.9, I.1.1.11, and I.1.1.12 be amended to read as follows: I.1.1 Objective – The Capital Improvements Element (CIE) of the Comprehensive Plan of the City of Clearwater shall be reviewed and adopted annually in light of the needs addressed in various elements of the Comprehensive Plan including the fifth year needs of each subsequent adoption. ***** I.1.1.2 The Aannual Uupdate to the Five-Year Schedule of Capital Improvements Capital Improvements Element is hereby incorporated by reference and is located following pPolicy I.1.6.3. ***** ` 13 Ordinance No. 8805-16 I.1.1.5 Capital improvements projects proposed for inclusion in the schedule of capital improvements should be evaluated on the following criteria and considered in the priority listed below: ***** I.1.1.9 As stated in the City Charter, the total indebtedness of the City of Clearwater, which for the purpose of this limitation shall include revenue, refunding and improvement bonds, of the City of Clearwater shall not exceed twenty percent (20%) of the current assessed valuation of all real property located in the City; and the. Ttotal budgeted expenditures in any fiscal year shall not exceed the total estimated revenue plus any unencumbered funds carried forward from a prior fiscal year. ***** I.1.1.11 The City hereby adopts by reference the Florida Department of Transportation Five- Year Work Program, 2011 – 2015, adopted on July 1, 2010. The City will coordinate with the FDOT and the Pinellas County MPO to promote the inclusion of projects in the plans and programs of these agencies into the Five-Year Schedule of Capital Improvements. I.1.1.12 The City hereby adopts by reference the Pinellas County Metropolitan Planning Organization Transportation Improvement Program, FY 2010/11 – 2014/15, adopted on June 9, 2010. Section 22.That Policy I.1.3.1 of the Clearwater Comprehensive Plan Capital Improvements Element, page I-5, be amended to read as follows: I.1.3.1 Essential public facilities as defined in this plan include and are limited to those facilities relating to sanitary sewer, solid waste, stormwater, potable water, transportation, and parks and recreation systems. ***** Section 23.That Policy I.1.3.3 of the Clearwater Comprehensive Plan Capital Improvements Element, page I-5, be amended to read as follows: I.1.3.3 If it is determined that sufficient capacity of essential public facilities will be available concurrent with the impacts of a proposed development, a final development order may be issued in accordance with the following schedule: ***** 3. For roads and mass transit, transportation facilities needed to serve new development shall be in place or under actual construction within 3 years after the City approves a building permit that results in traffic generation. Section 24.That Policy I.1.3.5 of the Clearwater Comprehensive Plan Capital Improvements Element, page I-6, be amended to read as follows: I.1.3.5 An applicant for a development order may request a determination of the capacity of the essential public facilities as part of the review and approval of the development order provided that: ***** ` 14 Ordinance No. 8805-16 (c)Whenever an applicant’s pro rata share of a public facility is less than the full cost of the facility; the City shall do one of the following: i.contract with the applicant for the full cost of the facility including terms regarding reimbursement of the applicant for costs in excess of the applicant’s pro rata share; or ii. obtain assurances similar to those in subsection (b) above from other sources; or iii. amend this comprehensive plan to modify the adopted standard for the level of service so as to reduce the required facility to equal the applican’ts needs, exluding Strategic Intermodal System (SIS), Gederal Intrastate Highway System (FIHS), and Transportation Regional Impact Project (TRIP) funded state roads. Section 25.That Table: Summary of Level of Service Standards in Policy I.1.3.7 of the Clearwater Comprehensive Plan Capital Improvements Element, page I-7, be amended to read as follows: Table: Summary of Level of Service Standards Facilities Element LOS Standard Transportation Transportation LOS C daily and LOS D pm peak for all roads in the City. Sanitary Sewer Utilities Average of 127gallons per person per day (GPCD) Solid Waste Utilities Average Solid Waste Generator Rate of 7.12 pounds per capita per day Stormwater Utilities Design storm: 10 – year storm frequency for all new street developments using the rational design method for street drainage, storm systems, and culverts 25 – year storm frequency with positive outfall for major storm systems with basin time of intensities controlling the duration.*for all new developments for channels and detention areas with outfalls 50 – year storm frequency when no outfall and discharge is to street right-of-way.*for all new developments for detention areas without outfalls 100 – year storm frequency when no outfall and discharge is across private property.*for all new developments for detention areas without outfalls which overflow onto private property when capacity is exceeded * Design standards for stormwater quality treatment/storage quantity shall conform to the current SWFWMD requirement [Presently being the SCS Unit Hydrograph design method, using the design storm frequency and a twenty-four (24) hour duration for sites ten ` 15 Ordinance No. 8805-16 (10) acres or more, and the rational design method for sites under ten (10) acres]. Potable Water and Natural Ground Water Aquifer Recharge Utilities Average Water Consumption Rate 120 gallons per capita per day at a pressure of 40-45 psi.* *Continue to maintain water consumption of one hundred twenty (120) GPCPD or less as per the conditions set forth by Clearwater’s Water Use Permit. Hurricane Evacuation Coastal Management 16 hours (out of county for a category 5-storm event as measured on the Saffir-Simpson scale) Parks Recreation and Open Space 4 acres of parkland per one thousand (1,000) persons for Citywide application Section 26.That a new Policy I.1.4.8 of the Clearwater Comprehensive Plan Capital Improvements Element, page I-8, be added to read as follows: Policies ***** I.1.4.8 The City will continue to use roadway level of service for planning purposes. Section 27.That Policy I.1.5.1 of the Clearwater Comprehensive Plan Capital Improvements Element, page I-8, be deleted as follows, and that Policy I.1.5.4, page I-9, be amended to read as follows, with Policies renumbered: Policies I.1.5.1 In 1990, the City instituted a concurrency management ordinance for the thoroughfare system, which states that sufficient capacity exists prior to certificate of occupancy. The City shall continue to work with Pinellas County MPO on updates to the LOS report to ensure the continued monitoring of the LOS using data available from the computerized traffic signal system. This system shall continue to include access management considerations such as: requiring issuance of applicable driveway permits from the FDOT as a condition for final site plan approval, inclusion of access points on non-residential collector streets wherever possible, and may require grouping of driveways, restriction of curb cuts or restrictions or phasing of development as a condition of approval. I.1.5.21 The City shall recognize the overriding Constitutional principle that private property shall not be taken without due process of law and the payment of just compensation, which principle is restated in Section 163.3194 (4) (a) Florida Statutes. I.1.5.32 In the planning of capital improvements, the City shall consider the effect of such improvement on local resources listed on the National Register of Historic Places with the intent to preserve the integrity of such places. I.1.5.43 In the planning of capital improvements, the City shall consider the effects of controversial public facilities, such as landfills, prisons, and power lines, with the intent of locating them in areas where they may best serve their purpose and have the fewest negative impacts. ` 16 Ordinance No. 8805-16 I.1.5.54 The City will require developers development to provide necessary documentation as applicable for tracking purposes to assure that the de minimis transportation impact threshold has been met be consistent with the provisions of the Mobility Management System established in Goal B.1 of the Transportation Element. Section 28.That the Annual Update to the Capital Improvements Element of the Clearwater Comprehensive Plan Capital Improvements Element, page I-10 through I-14, be amended to read as follows: FY20105/116 ANNUAL UPDATE TO THE SCHEDULE OF CAPITAL IMPROVEMENTS ELEMENT ***** In the following, the concurrency-related public facilities (i.e., solid waste, potable water, stormwater, sanitary sewer, and parkland and roads) are evaluated to determine that the City’s adopted level of service (LOS) standards are currently being met and will be adequate to serve approved and planned development over the next five years. The adopted Clearwater Capital Improvement Program, FY2010/11 – FY2015-16 – FY2019/20 indicates the timing, location and funding of capital projects needed to meet future public facilities’ demands and demonstrate that the Comprehensive Plan is financially feasible. ***** Current populations (2008 2015 estimate):110,831 110,679 Projected 2018 populations (per Future Land use Element): 120,028 SOLID WASTE: Current Capacity: 7.12 lbs per capita per day Current demand: 5.19 4.89 lbs per capita per day Fiscal Year Projected Demand (lbs per capita per day) Projected Capacity (lbs per capita per day) Surplus (deficit) 2009/10 5.19 7.12 1.93 2010/11 5.19 7.12 1.93 2011/12 5.19 7.12 1.93 2012/13 5.19 7.12 1.93 2013/14 5.19 7.12 1.93 Totals (2013/14)5.19 7.12 1.93 Fiscal Year Projected Demand (lbs per capita per day) Projected Capacity (lbs per capita per day) Surplus (Deficit) 2015/16 4.89 7.12 2.23 2016/17 4.89 7.12 2.23 2017/18 4.89 7.12 2.23 2018/19 4.89 7.12 2.23 2019/20 4.89 7.12 2.23 Totals (2019/20)4.89 7.12 2.23 ***** Total solid waste generated by the City in 2008 (in tons):104,898 ` 17 Ordinance No. 8805-16 Current pounds of solid waste per capita per day:5.19 4.89 *The current capacity is based on the City’s solid waste LOS standard. Capacity is actually greater since the City’s Solid Waste Department is able to dispose of all waste produced within the City, as it coordinates with Pinellas County and other private facilities and vendors for waste disposal. The majority (80-85%) of all sSolid waste is disposed of at the Pinellas County Solid Waste to Energy Plant where most is incinerated and any remaining material is landfilled. According to the Pinellas County Technical Management Committee, the most recent projections take the life of the county landfill to year 2065. POTABLE WATER: Current capacity: 25 23.5 MGD Current demand: 12.2 11.4 MGD Fiscal Year Projected Demand (Maximum) Projected Capacity (Minimum) Surplus (Deficit) 2009/10 12.0 MGD 25.0 MGD 13.0 MGD 2010/11 12.1 MGD 25.0 MGD 12.9 MGD 2011/12 12.1 MGD 25.0 MGD 12.9 MGD 2012/13 12.2 MGD 25.0 MGD 12.8 MGD 2013/14 12.2 MGD 25.0 MGD 12.8 MGD Totals (2013/14)12.2 MGD 25.0 MGD 12.8 MGD Fiscal Year Projected Demand (Maximum) Projected Capacity (Minimum) Surplus (Deficit) 2015/16 11.4 20.75 9.36 2016/17 11.4 20.75 9.36 2017/18 11.5 20.75 9.35 2018/19 11.5 20.75 9.35 2019/20 11.6 20.75 9.34 Totals (2019/20)11.6 20.75 9.34 MGD = million gallons per day; Projections as per the City’s Water Master Plan. Potable water LOS standard:120 gallons per capita per day Current capacity: Total potable water available per day in gallons:25,000,000 23,500,000 (25.0 23.5 MGD) Gallons available per capita per day:225.56 Current demand: Total potable water consumption per day in gallons:12,000,000 11,400,000 (12.0 11.4 MGD) Gallons consumed per capita per day:108.27 STORMWATER: Current capacity: 10-year LOS standard Current demand: 10-year LOS standard ` 18 Ordinance No. 8805-16 Fiscal Year Projected Demand (Minimum) Projected Capacity (Minimum) Surplus (Deficit) 2009/10 10-Year LOS 10-Year LOS N/A* 2010/11 10-Year LOS 10-Year LOS N/A* 2011/12 10-Year LOS 10-Year LOS N/A* 2012/13 10-Year LOS 10-Year LOS N/A* 2013/14 10-Year LOS 10-Year LOS N/A* Totals (2013/14)10-Year LOS 10-Year LOS N/A* Stormwater LOS standard:Design storm – 10-year storm frequency for all new street development using the rational design method. Current capacity:10-year LOS standard (Min.)* Current demand 10-year LOS standard (Min.)* Total:10-year LOS standard (Min.)* *Stormwater management is reviewed on a permit-by-permit basis. The City only approves if a proposed development meets the LOS standards for stormwater management facilities listed above. Stormwater LOS Standard:No adverse impacts to existing floodplain elevations and no increase in stormwater flow rate leaving a site. Notes: 1. The City of Clearwater Drainage Design Criteria was updated in September 2015 which specifies the design storms for new development in the City. Design Storm 10-year storm frequency for all new developments for street drainage, storm systems, and culverts 25-year storm frequency for all new developments for channels and detention areas with outfalls 50-year storm frequency for all new developments for detention areas without outfalls 100-year storm frequency for all new developments for detention areas without outfalls which overflow onto private property when capacity is exceeded Design standards for stormwater quality treatment/storage quantity shall conform to the current SWFWMD requirement [Presently being the SCS Unit Hydrograph design method, using the design storm frequency and a twenty-four (24) hour duration for sites ten (10) acres or more, and the rational design method for sites under ten (10) acres]. 2. Development plans are reviewed for stormwater on a permit-by-permit basis. The City only approves a development if it meets the LOS standards per the City’s design criteria. ` 19 Ordinance No. 8805-16 3. Major watersheds within the City Limits with Watershed Master Plans are Alligator Creek, Allen’s Creek, and Stevenson Creek. The City also includes Coastal Zones 1-4 , the Beach Zone and to a lesser extent, Curlew Creek, Possum Creek, Bishop Creek, and Mullet Creek. 4. In establishing Capital Improvement Projects for City projects, projects are determined through the number of structures removed from the 100-year floodplain and improvements in roadway level of service with consideration for regional needs and cost benefit. SANITARY SEWER: Current capacity: 257 gallons per capita per day Current demand: 127 113 gallons per capita per day Fiscal Year Projected Demand (Maximum) Projected Capacity (Minimum) Surplus (Deficit) 2009/10 2015/16 14.1 12.5 MGD 28.5 MGD 14.4 16.0 MGD 2010/11 2016/17 14.2 12.5 MGD 28.5 MGD 14.3 16.0 MGD 2011/12 2017/18 14.2 12.5 MGD 28.5 MGD 14.3 16.0 MGD 2012/13 2018/19 14.3 12.5 MGD 28.5 MGD 14.2 16.0 MGD 2013/14 2019/20 14.3 12.6 MGD 28.5 MGD 14.2 15.9 MGD Totals (2013/14 2019/20) 14.3 MGD 28.5 MGD 14.2 15.9 MGD MGD = million gallons per day; Projections as per the City’s Water Pollution Control (WPC) Master Plan. Sanitary sewer LOS standard:127 gallons per capita per day Current capacity (in gallons):28,500,000 Gallons available per capita per day 257.14 257.50 Current demand:14,100,000 12,500,000 Gallons available per capita per day 127.22 112.94 PARKLAND: Current capacity: 13.31 acres per 1,000 persons Current parkland acres: 1,711 Current parkland acres per 1,000 persons:15.46 Current demand: 4 acres per 1,000 persons Minimum parkland acres to meet adopted LOS: 442.72 Fiscal Year Projected Demand Adopted Level of Service (Maximum) Projected Capacity (Minimum) Surplus (Deficit) 2009/10 2015/16 4 per 1,000 13.31 15.46 per 1,000 9.31 11.46 per 1,000 2010/11 2016/17 4 per 1,000 13.31 15.46 per 9.31 11.46 per ` 20 Ordinance No. 8805-16 1,000 1,000 2011/12 2017/18 4 per 1,000 13.31 15.46 per 1,000 9.31 11.46 per 1,000 2012/13 2018/19 4 per 1,000 13.31 15.46 per 1,000 9.31 11.46 per 1,000 2013/14 2019/20 4 per 1,000 13.31 15.46 per 1,000 9.31 11.46 per 1,000 Totals 4 per 1,000 13.31 15.46 per 1,000 9.31 11.46 per 1,000 Parkland LOS standard:4 acres per 1,000 people Current capacity (parkland acres as of 05/13/0911/30/15):1,475 1,711 acres @ 13.31 15.89 per 1,000 persons. Note: Parkland is calculated using parklands that are within City boundaries that are owned and/or operated by the City. Current demand:440 430.74 acres @ 4 per 1,000 persons Total (acres/per thousand persons):1,475 1,711 acres @ 13.31 15.89 per 1,000 persons ROADS: Roadway LOS standard:C Average Daily, D Peak Hour Arterial and collector roadways currently operating below the adopted peak hour LOS standard include:The most current edition of the Pinellas County MPO Level of Service Report identifies roadways operating with deficient levels of service. Deficient facilities are those roads operating at a peak hour level of service of E or F, and/or a volume-to-capacity (v/c) ratio of 0.9 or greater with no mitigating improvements scheduled within three years. #Roadway Segment Juris1 Road Type Length (mi) Volume/ Capacity Ratio 2009 Level of Service 590 Belleair Rd (US 19 to Keene)2 3 CR 2U 1.969 0.86 E 800 Ft Harrison Ave (Belleair to Chestnut)3 CL 2D 1.551 1.24 F 802 Ft Harrison Ave (Chestnut to Drew)3 CL 2D 0.498 1.18 F 985 McMullen Booth Rd (Gulf to Bay to Main)2 3 CR 6D 2.267 1.24 F 986 McMullen Booth Rd (Main to SR 580) 2 3 CR 6D 2.042 1.27 F 987 McMullen Booth Rd (SR 580 to SR 586) 2 CR 6D 1.768 1.09 F 1025 NE Coachman Rd (Drew to US 19)SR 2U 1.741 1.14 F 672 SR 60 (Hillsborough CL to Bayshore) 3 SR 4D 5.235 1.46 F 844 SR 60/Gulf to Bay Blvd(Highland to Keene)3 SR 6D 0.756 0.97 E5 845 SR 60/Gulf to Bay Blvd (Keene to Belcher)3 SR 6D 1.026 1.15 F 846 SR 60/Gulf to Bay Blvd (Bayshore to US19)3 SR 6D 1.512 1.21 F ` 21 Ordinance No. 8805-16 #Roadway Segment Juris1 Road Type Length (mi) Volume/ Capacity Ratio 2009 Level of Service 847 SR 60/Gulf to Bay Blvd (US 19 to Belcher)3 SR 6D 0.986 1.15 F 1253 US 19 (Belleair to Druid/Seville)4 SR 6D 1.210 1.73 F5 1256 US 19 (Sunset Point to Enterprise)4 SR 6D 1.333 1.66 F5 Notes: 1. CR – County road; CL – City of Clearwater; SR – State road. 2. Policy constrained roadway per the 2035 Pinellas County Long Range Transportation Plan. 3. Related capacity improvement identified in the Pinellas County Transportation Improvement Program, FY 2010– FY 2015. 4. Related capacity improvement identified in the Florida Department of Transportation Five- Year Work Program, FY 2011-2015. 5. 2025 level of service projections indicate improvement to LOS D. Source: Facility Level of Service Analysis, Pinellas County MPO, 2009 Arterial and collector roadways projected to operate below the adopted LOS standard in 2025 are listed below. Note: The Pinellas MPO does not calculate interim year LOS projections (e.g., 2015), therefore, 2025 data is used. #Roadway Segment Juris1 Road Type Length (mi) Year 2025 AADT2 2025 Level of Service 515 US Alt 19/Edgewater (Myrtle to Broadway SR 2U 2.091 24712 F 582 Belcher Rd (Gulf to Bay to NE Coachman)CR 4U 0.805 33477 F 590 Belleair Rd (US 19 to Keene) 3 CR 2U 1.969 19000 E 634 Chestnut St (Court St Conn. to Ft Harrison)SR 2O 0.225 23000 F 635 Chestnut St (Ft Harrison to Myrtle)SR 4O 0.252 23000 F 643 Cleveland St (Ft Harrison to Myrtle)CL 2D 0.247 10186 E 669 Court St (Missouri to Highland)SR 4D 0.755 32256 F 670 Court St (Ft Harrison to Oak)SR 3O 0.105 24164 F 671 Court St (Oak to Chestnut St Connection)SR 3O 0.048 29025 F 736 Drew St (Missouri to Highland)SR 4U 0.794 14248 E 749 Druid Rd ( Keene to Highland)CL 2U 0.774 14248 E 800 Ft Harrison Ave (Belleair to Chestnut)CL 2D 1.551 33000 F 802 Ft Harrison Ave (Chestnut to Drew)CL 2D 0.498 28666 F 866 Highland Ave (Druid to Belleair)CR 2U 0.253 16795 F 867 Highland Ave (Druid to Gulf to Bay)CR 4U 0.253 17882 F 912 Keene Rd (Drew to Sunset Point)CR 6D 1.518 38000 F 913 Keene Rd (Sunset Point to SR 580)CR 6D 2.032 38000 F ` 22 Ordinance No. 8805-16 #Roadway Segment Juris1 Road Type Length (mi) Year 2025 AADT2 2025 Level of Service 985 McMullen Booth Rd (Gulf to Bay to Main) 3 CR 6D 2.267 82466 F 986 McMullen Booth Rd (Main to SR 580) 3 CR 6D 2.042 83112 F 987 McMullen Booth Rd (SR 580 to SR 586) 3 CR 6D 1.768 73631 F 995 Memorial Cswy (Rnd-about to Island Way) 3 SR 4D 0.447 52000 F 997/8 Memorial Cswy (Court to Cleveland) 3 SR 4D 1.28 52000 F 1025 NE Coachman Rd (Drew to US 19)SR 2U 1.741 23244 F 1026 NE Coachman Rd (US 19 to McMullen Bth)SR 2U 1.267 19992 F 1036 Nursery Rd (US 19 to Belcher)CR 2U 0.916 15000 F 1037 Nursery Rd (Belcher to Keene)CR 2U 1.008 12000 F 1038 Nursery Rd (Keene to Highland)CR 2U 0.773 12000 F 1216 Sunset Point Rd (Keene to Belcher)CR 4D 1.098 44321 F 1217 Sunset Point Rd (Belcher to US 19)CR 4D 0.959 37549 F 672 SR 60 (Hillsborough CL to Bayshore)SR 4D 5.235 68616 F 845 SR 60/Gulf to Bay Blvd (Keene to Belcher)SR 6D 1.026 63237 F 846 SR 60/Gulf to Bay Blvd (Bayshore to US 19)SR 6D 1.512 65846 F 847 SR 60/Gulf to Bay Blvd (US 19 to Belcher)SR 6D 0.986 60500 F 1258 US 19 (SR 580 to Curlew)SR 6D 2.035 95502 F Notes: 1. CR – County road; CL – City of Clearwater; SR – State road. 2. AADT – Annual Average Daily Traffic. 3. Policy constrained roadway per the 2035 Pinellas County Long Range Transportation Plan or Clearwater Comprehensive Plan. Source: Year 2025 AADT Traffic Forecast and PM Peak Level Of Service, Pinellas County MPO, 2009. ` 23 Ordinance No. 8805-16 Section 29.That the Capital Improvement Program Revenue Summary of the Clearwater Comprehensive Plan Capital Improvements Element, page I-15 through I-17, be repealed and replaced to read as follows: CAPITAL IMPROVEMENT PROGRAM REVENUE SUMMARY FY 2010-2011 THROUGH FY 2015-2016 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 Total GENERAL SOURCES General Revenue 1,630,040 1,832,340 1,932,030 1,840,110 1,867,760 1,887,120 10,989,400 General Revenue/County Co-op 635,310 635,310 639,740 665,310 685,270 705,830 3,966,770 Road Millage 2,092,430 1,983,280 1,839,790 1,839,790 1,839,790 1,839,790 11,434,870 Penny for Pinellas 11,850,000 15,544,320 8,648,000 13,724,590 8,770,000 11,390,280 69,927,190 Transportation Impact Fees 290,000 290,000 290,000 290,000 290,000 290,000 1,740,000 Local Option Gas Tax 1,389,190 1,396,030 1,396,030 1,409,990 1,424,090 1,438,330 8,453,660 Special Program Fund 25,000 25,000 25,000 25,000 25,000 25,000 150,000 Grants - Other Agencies 200,000 100,000 300,000 100,000 100,000 100,000 900,000 Subtotal General Sources 18,111,970 21,806,280 15,070,590 19,894,790 15,001,910 17,676,350 107,561,890 SELF-SUPPORTING FUNDS Marine Revenue 80,000 140,000 160,000 140,000 140,000 140,000 800,000 Downtown Boat Slips Revenue 15,000 15,000 15,000 15,000 15,000 15,000 90,000 Aviation Revenue 10,000 10,000 10,000 10,000 10,000 10,000 60,000 Parking Revenue 310,000 235,000 210,000 235,000 235,000 235,000 1,460,000 Water Revenue 6,020,070 875,000 1,967,580 2,576,000 375,000 375,000 12,188,650 Sewer Revenue 2,666,600 4,719,170 4,100,000 4,696,870 5,468,080 4,997,630 26,648,350 Water Impact Fees 250,000 87,570 22,540 20,210 29,010 27,780 437,110 Sewer Impact Fees 500,000 1,072,350 28,900 10,820 15,070 14,420 1,641,560 Utility R & R 2,677,600 2,740,460 2,709,130 2,736,590 2,724,640 2,707,280 16,295,700 Stormwater Utility Revenue 4,331,450 3,884,700 3,837,700 3,912,320 3,726,690 3,844,070 23,536,930 Gas Revenue 2,700,000 2,710,000 2,755,000 2,750,000 2,750,000 2,750,000 16,415,000 Solid Waste Revenue 415,000 415,000 460,000 545,000 546,000 530,000 2,911,000 Recycling Revenue 0 0 96,000 100,000 100,000 100,000 396,000 Subtotal Self-Supporting Funds 19,975,720 16,904,250 16,371,850 17,747,810 16,134,490 15,746,180 102,880,300 INTERNAL SERVICE FUNDS Garage Fund Revenue 40,000 110,760 114,080 117,500 121,030 124,660 628,030 Administrative Services Revenue 350,000 150,000 175,000 175,000 175,000 175,000 1,200,000 General Services Fund 0 0 0 0 15,000 0 15,000 ` 24 Ordinance No. 8805-16 CAPITAL IMPROVEMENT PROGRAM REVENUE SUMMARY FY 2010-2011 THROUGH FY 2015-2016 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 Total Revenue Subtotal Internal Service Funds 390,000 260,760 289,080 292,500 311,030 299,660 1,843,030 BORROWING GENERAL SOURCES Lease Purchase - General Fund 645,750 361,520 1,979,160 610,760 942,660 378,650 4,918,500 Subtotal Borrowing/General Sources 645,750 361,520 1,979,160 610,760 942,660 378,650 4,918,500 SELF-SUPPORTING FUNDS Lease Purchase - Water 94,770 0 0 40,000 0 0 134,770 Lease Purchase - Stormwater 300,000 0 0 0 0 0 300,000 Future Bond Issue - Water & Sewer 10,219,800 5,844,590 15,184,410 6,296,510 10,167,570 16,402,650 64,115,530 Future Bond Issue - Stormwater 0 1,369,300 262,300 519,680 2,273,310 1,455,930 5,880,520 Subtotal Borrowing/Self Supporting Funds 10,614,570 7,213,890 15,446,710 6,856,190 12,440,880 17,858,580 70,430,820 INTERNAL SERVICE FUNDS Lease Purchase - Garage 2,611,600 2,663,830 2,717,110 2,771,450 2,826,880 2,883,420 16,474,290 Lease Purchase - Administrative Services 400,000 400,000 425,000 400,000 400,000 405,000 2,430,000 Subtotal Borrowing/Internal Service Funds 3,011,600 3,063,830 3,142,110 3,171,450 3,226,880 3,288,420 18,904,290 TOTAL: ALL FUNDING SOURCES 52,749,610 49,610,530 52,299,500 48,573,500 48,057,850 55,247,840 306,538,830 Source: City of Clearwater, FY 2010-2011-FY 2015-2016 Capital Improvement Fund, September 2010. ` 25 Ordinance No. 8805-16 CAPITAL EMPROVEMENT PROGRAM REVENUE SUMMARY FY 2015-16 THROUGH FY 2020/21 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 Total GENERAL SOURCES General Revenue 2,836,150 3,003,140 3,256,980 3,129,530 6,981,480 3,043,560 22,250,840 Road Millage 2,060,100 2,060,100 2,060,100 2,060,100 2,060,100 2,060,100 12,360,600 Penny for Pinellas 6,021,820 14,980,060 5,439,840 10,263,460 9,555,250 0 46,260,430 Transportation Impact Fees 190,000 190,000 140,000 140,000 140,000 140,000 940,000 Local Option Gas Tax 1,438,330 1,450,000 0 0 0 0 2,888,330 Special Program Fund 935,000 530,000 30,000 30,000 30,000 30,000 1,585,000 Grants - Other Agencies 1,485,000 560,000 80,000 960,000 3,040,000 0 6,125,000 Donations 100,000 50,000 0 0 0 0 150,000 To Be Determined 0 22,397,000 1,483,740 1,929,880 2,227,150 2,223,390 30,261,160 Subtotal General Sources 15,066,400 45,220,300 12,490,660 18,512,970 24,033,980 7,497,050 122,821,360 SELF-SUPPORTING FUNDS Marine Revenue 95,000 70,000 70,000 70,000 70,000 70,000 445,000 Clearwater Harbor Marina Fund 25,000 25,000 25,000 25,000 25,000 25,000 150,000 Aviation Revenue 25,000 155,000 35,000 15,000 15,000 15,000 260,000 Parking Revenue 2,409,000 410,500 406,000 407,500 409,000 409,000 4,451,000 Water Revenue 2,586,000 2,240,470 3,071,000 4,651,000 4,271,000 4,251,000 21,070,470 Sewer Revenue 8,412,830 7,879,280 5,200,960 4,853,500 6,161,480 7,040,510 39,548,560 Water Impact Fees 24,000 24,000 24,000 24,000 24,000 24,000 144,000 Sewer Impact Fees 82,130 12,460 12,460 12,460 12,460 12,460 144,430 Utility R&R 8,667,170 9,205,680 3,939,040 4,030,390 4,030,390 4,367,030 34,239,700 Stormwater Utility Revenue 5,498,550 5,825,100 5,831,860 6,348,450 6,729,430 6,294,000 36,527,390 Gas Revenue 6,050,000 4,050,000 13,850,000 4,050,000 4,050,000 4,050,000 36,100,000 Solid Waste Revenue 535,000 535,000 535,000 535,000 535,000 535,000 3,210,000 Recycling Revenue 90,000 100,000 100,000 100,000 100,000 100,000 590,000 Subtotal Self-Supporting Funds 34,499,680 30,532,490 33,100,320 25,122,300 26,432,760 27,193,000 176,880,550 INTERNAL SERVICE FUNDS Garage Fund Revenue 77,400 79,720 82,110 84,580 87,110 89,730 500,650 Administrative Service Revenue 1,710,000 1,350,000 1,150,000 1,150,000 1,706,860 1,475,000 8,541,860 Subtotal Internal Services Fund 1,787,400 1,429,720 1,232,110 1,234,580 1,793,970 1,564,730 9,042,510 BORROWING ` 26 Ordinance No. 8805-16 GENERAL SOURCES Lease Purchase - General Fund 246,000 608,000 2,550,820 643,220 976,950 1,832,800 6,857,790 Subtotal Borrowing/General Sources 246,000 608,000 2,550,820 643,220 976,950 1,832,800 6,857,790 SELF-SUPPORTING FUNDS Lease Purchase - Stormwater 320,000 0 0 0 0 0 320,000 Lease Purchase - Gas 161,000 0 0 0 0 0 161,000 Lease Purchase - Water 60,000 0 0 0 0 0 60,000 Lease Purchase - Sewer 109,000 0 700,000 0 0 0 809,000 Future Bond Issue - Water & Sewer 11,867,870 11,378,110 20,987,540 4,433,650 5,365,670 0 54,032,840 Subtotal Borrowing/Self Supporting Funds 12,517,870 11,378,110 21,687,540 4,433,650 5,365,670 0 55,382,840 INTERNAL SERVICE FUNDS Lease Purchase - Garage 5,441,000 5,520,440 5,620,850 5,223,270 5,327,730 5,434,290 32,567,580 Lease Purchase - Administrative Services 405,000 405,000 405,000 410,000 410,000 500,000 2,535,000 Subtotal Borrowing/Internal Service Funds 5,846,000 5,925,440 6,025,850 5,633,270 5,737,730 5,934,290 35,102,580 TOTAL: ALL FUNDING SOURCES 69,963,350 95,094,060 77,087,300 55,579,990 64,341,060 44,021,870 406,087,630 Source: 2015 – 2016 Annual Operating Budget and Capital Improvement Budget ` 27 Ordinance No. 8805-16 Section 30.That the Capital Improvement Program Expenditure Summary by Function of the Clearwater Comprehensive Plan Capital Improvements Element, page I-17, be repealed as replaced to read as follows: CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2010-2011 THROUGH FY 2015-2016 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER FUNCTION 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 TOTAL Fire Protection 1,020,790 5,280,580 2,807,630 4,749,820 1,668,570 5,084,300 20,611,690 New Street Construction 2,500,000 2,500,000 Major Street Maintenance 3,316,620 3,794,310 3,650,820 3,664,780 3,678,880 5,693,120 23,798,530 Sidewalk and Bike Trails 472,000 472,000 944,000 Intersections 435,000 435,000 435,000 435,000 435,000 435,000 2,610,000 Parking 300,000 225,000 200,000 225,000 225,000 225,000 1,400,000 Miscellaneous Engineering 8,035,000 35,000 35,000 35,000 35,000 35,000 8,210,000 Parks Development 4,605,500 1,042,500 1,282,500 10,102,500 1,112,500 4,862,500 23,008,000 Marine Facilities 220,000 423,000 423,000 423,000 423,000 423,000 2,335,000 Airpark Facilities 10,000 10,000 10,000 10,000 10,000 10,000 60,000 Libraries 635,310 10,635,310 639,740 665,310 685,270 705,830 13,966,770 Garage 2,951,600 3,074,590 3,131,190 3,088,950 3,147,910 3,108,080 18,502,320 Maintenance of Buildings 204,500 370,100 346,060 325,140 344,350 339,250 1,929,400 Gen Public City Bldg & Equip 7,000,000 7,000,000 Miscellaneous 840,000 620,000 5,420,000 645,000 645,000 650,000 8,820,000 Stormwater Utility 4,629,450 5,250,000 4,100,000 4,430,000 6,000,000 5,300,000 29,709,450 Gas System 2,700,000 2,700,000 2,750,000 2,750,000 2,750,000 2,750,000 16,400,000 Solid Waste 415,000 415,000 460,000 545,000 546,000 530,000 2,911,000 Utilities Miscellaneous 24,000 20,000 20,000 24,000 20,000 20,000 128,000 Sewer System 6,207,000 9,137,000 7,832,310 8,240,000 13,234,370 21,522,170 66,172,850 Water System 16,199,840 6,143,140 16,160,250 8,115,000 5,525,000 2,982,590 55,125,820 Recycling 96,000 100,000 100,000 100,000 396,000 52,749,610 49,610,530 52,299,500 48,573,500 48,057,850 55,247,840 306,538,830 Source: City of Clearwater, FY 2010-2011-FY 2015-2016 Capital Improvement Fund, September 2010. ` 28 Ordinance No. 8805-16 CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2015/16 THROUGH FY 2020/21 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Schedule of Planned Expenditures Function 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 Total Police Protection 200,000 3,305,000 0 0 0 0 3,505,000 Fire Protection 1,476,390 4,857,920 3,275,470 4,778,060 1,391,340 2,195,710 17,974,890 Major Street Maintenance 3,656,430 5,668,100 5,654,850 5,654,850 3,658,850 3,484,850 27,777,930 Sidewalk and Bike Trails 472,000 472,000 472,000 472,000 473,250 473,250 2,834,500 Intersections 335,000 335,000 331,990 315,410 315,400 315,390 1,948,190 Parking 2,389,000 19,482,500 381,000 382,500 384,000 384,000 23,403,000 Miscellaneous Engineering 935,000 535,000 35,000 35,000 2,460,000 35,000 4,035,000 Parks Development 6,735,000 5,037,000 3,564,840 3,325,000 7,125,000 1,440,000 27,226,840 Marine Facilities 410,000 385,000 390,000 390,000 390,000 390,000 2,355,000 Airpark Facilities 65,000 715,000 115,000 1,215,000 3,815,000 15,000 5,940,000 Libraries 115,580 387,350 27,340 462,720 35,000 0 1,027,990 Garage 5,639,400 5,700,160 5,702,960 5,307,850 5,414,840 5,524,020 33,289,230 Maintenance of Buildings 902,000 881,850 794,070 2,161,630 1,084,590 1,045,650 6,869,790 General Public City Building 110,000 522,800 4,646,630 985,650 10,289,100 0 16,554,180 Miscellaneous 2,125,000 5,995,000 1,625,000 1,630,000 1,955,000 2,045,000 15,375,000 Stormwater Utility 5,802,550 5,714,380 4,751,150 6,174,320 4,999,690 6,294,000 33,736,090 Gas System 6,211,000 4,050,000 13,850,000 4,050,000 4,050,000 4,050,000 36,261,000 Solid Waste & Recycling 625,000 635,000 635,000 635,000 635,000 635,000 3,800,000 Utilities Miscellaneous 20,000 20,000 20,000 20,000 20,000 20,000 120,000 Sewer System 24,469,000 23,260,000 16,260,000 11,400,000 10,200,000 10,150,000 95,739,000 Water System 7,270,000 7,135,000 14,555,000 6,185,000 5,645,000 5,525,000 46,315,000 69,963,350 95,094,060 77,087,300 55,579,990 64,341,060 44,021,870 406,087,630 Source: City of Clearwater Ordinance 8768-15, Exhibit B ` 29 Ordinance No. 8805-16 Section 31.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 32.This ordinance shall become effective when the Department of Economic Opportunity issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3184, F.S., as amended. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk ** AMENDED FOR CITY COUNCIL ** COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: December 15, 2015 AGENDA ITEM: F.1 CASE: CPA2015-04001 ORDINANCE NO.: 8805-16 REQUEST: Review and recommendation to the City Council, of amendments to the Clearwater Comprehensive Plan repealing transportation concurrency, establishing a Mobility Management System, allowing for non-contiguous annexations, amending certain provisions of the Capital Improvements Element for consistency with State Statutes, and updating various terms and references. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The City of Clearwater Comprehensive Plan includes several policies addressing concurrency management in the Future Land Use, Transportation, Coastal Management, and Capital Improvements Elements. The application of concurrency management requirements through the local site plan review process, including the assessment of transportation impact fees, is the primary tool the City and other municipalities in Pinellas County use to manage the traffic impacts of development projects. Concurrency management requirements are imposed to ensure that permits are not issued for a development project without the public facilities and services necessary to handle its impacts being in place. Concurrency management rules also require local governments to adopt level of service standards for public services and facilities that must be maintained as a condition of development approval. The City has adopted levels of service for transportation, solid waste, sanitary sewer, stormwater, potable water, hurricane evacuation, and parks. Most impact fees are established within the Code of Ordinances, but transportation impact fees are established by the Pinellas County Code Chapter 150-40 (the Transportation Impact Fee Ordinance, or TIFO), and are applied countywide. The 2011 Community Planning Act made substantial amendments to Chapter 163, Florida Statutes, including repealing state mandated transportation concurrency. To address these changes, the Pinellas County Metropolitan Planning Organization (MPO) coordinated with the various local governments to develop an alternative approach to transportation concurrency which would also further the development of a countywide multi-modal transportation system that could better accommodate travel options other than the personal automobile. The Pinellas County Mobility Plan was approved by the MPO in 2013, and model policies were adopted in 2014. The Pinellas County Board of County Commissioners (BOCC) approved on first reading amendments to their impact fee ordinance, changing the name to Multi-Modal Impact Fee Ordinance and creating a Mobility Management System within its land development regulations, in October 2014. It is anticipated that the Pinellas County BOCC’s amendments will be adopted on March 29, 2016. The City, along with municipalities throughout the County, is amending its Comprehensive Plan and land development regulations to remain consistent with the countywide approach to mobility management and the TIFO. Community Development Board – December 15, 2015 Revised for City Council – January 21, 2016 CPA2015-04001 – Page 2 Comprehensive Plan Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION The Mobility Management System that is envisioned through the new policies within this amendment would be a more flexible approach to manage the traffic impacts of development projects while increasing mobility for pedestrians, bicyclists, transit users and motor vehicles. The Mobility Management System, which is proposed to be established within the Community Development Code (see concurrent case TA2015-10006), will be a tiered development review approach requiring larger scale projects adding trips to the surrounding road network to implement transportation management strategies in-lieu of or as credit toward their impact fee assessment. These strategies could include, but are not limited to, trail, sidewalk, bus stop and intersection improvements or trip reduction programs such as carpooling or telecommuting. Smaller scale projects with limited impact on the transportation system would only be required to pay an impact fee commensurate with the number of new trips they generate. The main purpose of the proposed Comprehensive Plan amendments is to repeal transportation concurrency and set up the policy framework necessary to establish a Mobility Management System, and to remove references to transportation concurrency throughout the Comprehensive Plan. Other amendments are proposed to recognize the 2014 Interlocal Service Boundary Agreement (ISBA) between Pinellas County and municipalities, which allows voluntary annexation of non-contiguous parcels located in an enclave surrounded by city property on all sides (“Type A” Enclaves). Additionally, the Coastal Management Element is updated to address new statutory requirements by adding policies that encourage new development to find solutions to help reduce the flood risk or flood losses and that require new development or redevelopment be consistent with or more stringent than Florida Building Code requirements. These policies add to existing policies addressing reduction of flood risk, as required by Chapter 163. Lastly, the proposed amendments include updates to the Capital Improvements Element. Many changes are minor, including updates to reflect the most recent studies and capital improvements programs established by the MPO, Florida Department of Transportation (FDOT), and the City. The Schedule of Capital Improvements is being replaced to reflect the current five-year projections and updated Revenue Summary and Program Expenditure tables for Fiscal Years 2015-2020. ANALYSIS: Substantial changes are being made to the Transportation Element, including the addition of policies pertaining to the establishment of a Mobility Management System, and the removal of language pertaining to transportation concurrency. Amendments to the Future Land Use, Coastal Management, Intergovernmental Coordination, and Capital Improvements Elements include removing obsolete language, updating language to be consistent with the proposed Mobility Management System, and adding policies regarding noncontiguous annexations and flood risk and loss prevention as previously stated. Formatting changes are also being made to bring consistency among all of the elements. The proposed amendments to the Comprehensive Plan are summarized below: 1. Future Land Use Element [pages 2-4 of ordinance]: Simplifies the goal and objective for the Concurrency Management System; revises policies to remove transportation from concurrency requirements; updates the services for which levels of service have been adopted; adds review criteria for Future Land Use Map and/or Zoning Atlas amendments; and adds a policy to allow voluntary annexations of non-contiguous properties within “Type A” Enclaves. Community Development Board – December 15, 2015 Revised for City Council – January 21, 2016 CPA2015-04001 – Page 3 Comprehensive Plan Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 2. Transportation Element [pages 4-10 of ordinance]: Establishes the new Mobility Management System and related policies; adds a policy that includes transportation analysis for planning purposes; revises Objective B.1.2 and its policies to provide direction to use complete street policies when making improvements to the road network; removes references to transportation concurrency and replaces with references to the Mobility Management System; adds more policies regarding coordination with the MPO and FDOT; simplifies policies related to coordination with PSTA to identify public transit improvements; and updates various terms and plan years to most current editions. 3. Coastal Management Element [pages 10-11 of ordinance]: Removes reference to “traffic” as a required level of service objective and adds policies that aim to reduce flood risk and flood losses. 4. Intergovernmental Coordination Element [page 11 of ordinance]: Removes level of service requirement for road improvements; and adds a policy addressing coordination with FDOT with regards to access on State facilities for new development projects. 5. Capital Improvements Element [pages 11-28 of ordinance]: Removes the outdated Needs Summary; removes transportation from concurrency requirements and level of service requirements; adds reference to the Mobility Management System; updates the Schedule of Capital Improvements to the most recent five-year projections; updates the Revenue Summary and the Program Expenditures tables to the most recent five-year projections; and updates various terms and references. STANDARDS FOR REVIEW: Pursuant to Community Development Code Section 4-603.F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies, and objectives contained in the plan. The proposed amendments to the Clearwater Comprehensive Plan are consistent with the following Objectives and Policy in the Plan: Policy A.6.5.3 All proposed development/redevelopment initiatives shall be reviewed for opportunities to improve pedestrian and bicycle access and consider the integration of bicycle and pedestrian transportation modes in all phases of transportation planning, new roadway design, roadway construction, roadway resurfacing, and other capital projects consistent with the City’s Shifting Gears Bicycle and Pedestrian Master Plan 2006. On Clearwater Beach, pedestrian and bicycle improvements should adhere to the policies and design guidelines set forth in Beach by Design: A preliminary Design for Clearwater Beach and Design Guidlelines. Community Development Board – December 15, 2015 Revised for City Council – January 21, 2016 CPA2015-04001 – Page 4 Comprehensive Plan Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Objective A.6.8 Identify those areas of the City that are appropriate for redevelopment as livable communities and require that specific sustainable elements to be used in the redevelopment of these areas. Objective H.3.1 The City shall continue to work with the PPC, the State, and the County in the orderly annexation of the City’s existing enclaves. The Mobility Management System proposed within new Objective B.1.1 and its associated policies looks to improve the transportation network for all users, including pedestrians, bicyclists, and public transit. Proposed Objective B.1.2 includes a policy that references Objective A.6.8, as well as other policies that further Objective A.6.8 related to Complete Streets, sidewalks, and other livable community improvements. The addition of voluntary non-contiguous “Type A” annexations allows those properties in “Type A” enclaves to not have to wait until they become contiguous to City limits to annex into the City. As such, the proposed amendments will further implementation of the Clearwater Comprehensive Plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendments are not in conflict with other provisions of the Comprehensive Plan and bring further consistency between the goals, objectives, and policies and the map series. The proposed amendment will add several new objectives and policies to the Comprehensive Plan, while also simplifying other sections of the Plan. Proposed Objective B.1.1 and related policies expand the ways the city is addressing the impacts of new development on its transportation system that increases mobility for pedestrians, bicyclists, and transit users as well as for motorists. The new Mobility Management System objective and policies tie in with various Future Land Use Element policies, specifically the livable communities objective and policies which are captured in Objective A.6.8. Several proposed amendments address intergovernmental coordination between the City and other entities such as the MPO and PSTA. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. 4. Sufficient public facilities are available to serve the property. The adequacy of available public facilities will need to be assessed on a case-by-case basis as development proposals are received. The proposed amendments repeal transportation concurrency, however, new policies are being created that will maintain level of service as a planning tool that will be used to evaluate potential development proposals at the time of site plan review. Therefore, this is not applicable as the proposed amendments do not relate to a specific property or properties. 5. The amendment will not adversely affect the natural environment. This is not applicable to the proposed amendments. The amendments reflect updates to the state statutes and to recently approved local ordinances. Any proposed development will have to comply with Community Development Board – December 15, 2015 Revised for City Council – January 21, 2016 CPA2015-04001 – Page 5 Comprehensive Plan Amendment PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION impervious surface ratio standards, tree preservation and landscaping requirements, and drainage and water quality requirements, which is evaluated at the time of site plan review. 6. The amendment will not adversely impact the use of property in the immediate area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. Any impacts would be determined at the time of site plan review, and would need to be mitigated before any development can proceed. SUMMARY AND RECOMMENDATION: The purpose of this amendment is to update the Future Land Use, Transportation, Intergovernmental Coordination, and Capital Improvements Elements to reflect changes to the state statutes; to establish an objective and policies for the Mobility Management System; and to recognize the 2014 Interlocal Service Boundary Agreement between the City, Pinellas County, and other municipalities, all of which have been adopted since the last major update to the Comprehensive Plan in 2008. The proposed amendment is consistent with and will further the goals, objectives, and policies of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8805-16 that amends the Clearwater Comprehensive Plan. Prepared by Planning and Development Department Staff: Kyle Brotherton, Planner ATTACHMENTS: Resume Ordinance No. 8805-16 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8806-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8806-16 on second reading, amending Appendix A of the Code of Ordinances, renaming the Transportation Fee as the Multi-Modal Impact Fee, amending Division 9; amending Article 8; and replacing various “City Commission” references with “City Council.” SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8806-16 ORDINANCE NO. 8806-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE CODE OF ORDINANCES BY AMENDING APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES, XXII, TRANSPORTATION IMPACT FEE, RENAMING THIS SECTION MULTI-MODAL IMPACT FEE AND UPDATING THE PINELLAS COUNTY ORDINANCE REFERENCE; AMENDING THE COMMUNITY DEVELOPMENT CODE, DIVISION 6, LEVEL THREE APPROVALS, REPLACING VARIOUS “CITY COMMISSION” REFERENCES WITH “CITY COUNCIL” THROUGHOUT THIS DIVISION; AMENDING SECTION 4-602, ZONING ATLAS AMENDMENTS, UPDATING THE REVIEW CRITERIA; AMENDING DIVISION 9, CONCURRENCY MANAGEMENT, ESTABLISHING A MOBILITY MANAGEMENT SYSTEM AND MULTI-MODAL IMPACT FEE; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, ADDING AND DELETING TERMS CONSISTENT WITH THE MOBILITY MANAGEMENT SYSTEM AND MULTI-MODAL IMPACT FEES; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida House Bill 7207, also known as the Community Planning Act, was signed into law in 2011; and WHEREAS, the Community Planning Act removed State requirements for local government implementation of transportation concurrency management systems; and WHEREAS, the City of Clearwater participated in a multi-jurisdictional Mobility Plan Task Force, facilitated by the Pinellas County Metropolitan Planning Organization, to develop a framework for a countywide approach to implementation of a mobility management system in place of transportation concurrency; and WHEREAS, the Pinellas County Board of County Commissioners established the Pinellas County Mobility Plan to replace the repealed requirement of transportation concurrency; and WHEREAS, the Pinellas County Mobility Plan provides a more flexible and efficient alternative to the traditional form of concurrency management, which tied development approvals to maintaining adopted roadway level of services standards, while facilitating multi-modal transportation solutions; and 2 Ordinance No. 8806-16 WHEREAS, the Pinellas County Mobility Plan calls for the renaming the Transportation Impact Fee to Multi-Modal Impact Fee to better reflect the purpose of this Ordinance to improve the capacity of the countywide transportation system for all users; and WHEREAS, Pinellas County is amending their development code to be effective March 2016; and WHEREAS, Pinellas County Land Development Code Chapter 150, Article II establishes that the Multi-Modal Impact Fee and Mobility Management System is applicable countywide; and WHEREAS, amendments are needed to the Clearwater Development Code to implement the Mobility Management System; and WHEREAS, the Mobility Management System will replace the proportionate fair share program which was required under transportation concurrency; and 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 needs clarification and revision to achieve consistency with the Pinellas County Mobility Plan and Impact Fee Ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.That Appendix A, Schedule of Fees, Rate and Charges, of the Code of Ordinances, be amended to read as follows: XXII. TRANSPORTATION MULTI-MODAL IMPACT FEE: Pinellas County Ordinance No. 86-43 Land Development Code Chapter 150, Article II, administered by the city, assesses a fee on new land development or a change in land use. This fee is based upon the increase in vehicular traffic generated by a new development or land use. Section 2.That Article 4, Development Review and Other Procedures, Section 4-602, Zoning Atlas Amendments, Community Development Code be amended as follows: * * * * * * * * * 3 Ordinance No. 8806-16 D. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community development board shall conduct a public hearing on the application in accordance with the requirements of Section 4-206 and issue a recommended order to the city commission council setting forth the board’s findings in regard to whether the proposed amendment will satisfy the standards set forth in Section 4-602(F) and may include any proposed modifications or conditions to the proposed amendment. E. City commission council review/decision. Upon receipt of the recommended order of the community development board, the city commission council shall conduct a public hearing in accordance with the provisions of Section 4-20 and shall approve, approve with conditions, or deny the amendment. Upon adoption of an ordinance amending the Zoning Atlas, the Zoning Atlas shall be deemed amended as of the effective date of the ordinance. The community development coordinator shall revise and may republish from time to time the Zoning Atlas or portions thereof as amended, but a failure to revise or republish shall not affect the validity of any ordinance amending the Zoning Atlas. F. Standards for review. No amendment to the Zoning Atlas shall be approved unless the city commission council finds that such amendment complies with the following standards: * * * * * * * * * * 5. The amendment will not adversely burden public facilities, including the traffic- carrying capacities of streets, in an unreasonably or disproportionate manner. * * * * * * * * * * Section 3.That Article 4, Development Review and Other Procedures, Division 9, Concurrency Management, Community Development Code be renamed as follows: DIVISION 9. – CONCURRENCY AND MOBILITY MANAGEMENT * * * * * * * * * * Section 4.That Article 4, Development Review and Other Procedures, Section 4-901.B, Authority and applicability, Community Development Code be amended as follows: B. Exception.No certificate of concurrency/capacity is required for the following: * * * * * * * * * * 12.Roads 4 Ordinance No. 8806-16 Section 5.That Article 4, Development Review and Other Procedures, Section 4-903.A.6, Standards for certificate of concurrency/capacity, Community Development Code be deleted as follows: A. In determining whether a certificate of concurrency/capacity may be issued, the community development coordinator shall apply the level of service standards in the comprehensive plan according to the following measures for each public facility: * * * * * * * * * * 6.Roads: Section 4-803(C) Standards for Traffic Impact Study, and Section 4-904 Proportionate Fair-Share Program. Section 6.That Article 4, Development Review and Other Procedures, Section 4-903.C.4, Standards for certificate of concurrency/capacity, Community Development Code be deleted as follows: C. If the capacity of available public facilities is less than the capacity required to maintain the level of service standard for the impact of the development, the applicant may: * * * * * * * * * 4.Make a proportionate fair-share contribution, pursuant to Section 4-904. Section 7.That Article 4, Development Review and Other Procedures, Section 4-904, Proportionate Fair Share Program, Community Development Code be repealed and replaced to read as follows: Section 4-904. - Proportionate Fair-Share Program. A.Purpose and intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate fair-share program, as required by and in a manner consistent with F.S. § 163.3180(16). B.Findings. The city council finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors and that the city proportionate fair-share program: 1.Provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors; 2.Allows developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair share of the cost of a transportation facility; 5 Ordinance No. 8806-16 3.Contributes to the provision of adequate public facilities for future growth and promotes a strong commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion; 4.Maximizes the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the city to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the Capital Improvements Element of the Clearwater Comprehensive Plan; 5.Is consistent with F.S. § 163.3180(16), and supports the following policies in the City's Comprehensive Plan: Policies 7.3.1; 7.3.2; 7.4.1; 7.4.3; 8.1.1; 8.2.1; 8.3.1; 8.6.1; 8.6.2; 8.6.3; 9.2.1; 10.1.1; 10.3.1. C.Applicability. The proportionate fair-share program shall apply to all developments in the City of Clearwater, that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the city's concurrency management system, including transportation facilities maintained by Florida Department of Transportation (FDOT) or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of Section 4-904.D. The Proportionate Fair-Share Program does not apply to developments of regional impact (DRIs) using proportionate fair-share under F.S. § 163.3180(12), or to developments exempted from concurrency as provided in F.S. § 163.3180, regarding exceptions and de minimis impacts. D.General requirements. 1.An applicant may choose to satisfy the transportation concurrency requirements of the city by making a proportionate fair-share contribution, pursuant to the following requirements: a. The proposed development is consistent with the comprehensive plan and applicable land development regulations. b. The five-year schedule of capital improvements in the city capital improvement element includes a transportation improvement(s) that, upon completion, will satisfy the requirements of the city transportation concurrency management system. The provisions of Section 4-904.D.2 below may apply if a project or projects needed to satisfy concurrency are not presently contained within the city's capital improvement element or an adopted long-term schedule of capital improvements. 2.The city may choose to allow an applicant to satisfy transportation concurrency through the proportionate fair-share program by contributing to an improvement that, upon completion, will satisfy the requirements of the city transportation concurrency management system, but is not contained in the five-year schedule of capital improvements in the capital improvement element or a long- term schedule of capital improvements for 6 Ordinance No. 8806-16 an adopted long-term concurrency management system, where the following apply: a. The city adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the capital improvement element or long-term schedule of capital improvements for an adopted long-term concurrency management system no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1., consistent with the comprehensive plan, and in compliance with the provisions of this section. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate impacts on the transportation facilities. b. If the funds allocated for the five-year schedule of capital improvements in the city capital improvement element are insufficient to fully fund construction of a transportation improvement required by the concurrency management system, the city may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year capital improvements schedule of the comprehensive plan or the long-term schedule of capital improvements for an adopted long-term concurrency management system at the next annual capital improvement element update. 3.Any improvement project proposed to meet the developer's fair-share obligation must meet design standards of the city for locally maintained roadways and those of the Florida Department of Transportation for the state highway system. E.Intergovernmental coordination. Pursuant to policies in the intergovernmental coordination element of the city comprehensive plan and applicable policies in the regional plan, the city shall coordinate with affected jurisdictions, including the Florida Department of Transportation, regarding mitigation to impacted facilities not under the jurisdiction of the city receiving the application for proportionate fair- share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose. F.Application process. 1.Upon notification of a lack of capacity to satisfy transportation concurrency where the applicant is eligible to participate in the proportionate fair share program, the applicant shall also be notified in writing of the opportunity to 7 Ordinance No. 8806-16 satisfy transportation concurrency through the proportionate fair-share program pursuant to the requirements of Section 4-904.D above. 2.Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility has cross jurisdictional impacts per Section 4-904.K then the affected jurisdictions will be notified and invited to participate in the pre-application meeting. 3.Eligible applicants shall submit an application to the city that includes an application fee of $235.00 and the following: a. Name, address and phone number of owner(s), developer and agent; b. Property location, including parcel identification numbers; c. Legal description and survey of property; d. Project description, including type, intensity and amount of development; e. Phasing schedule, if applicable; f.Description of requested proportionate fair-share mitigation method(s); and g. Copy of concurrency application. 4.The community development coordinator shall review the application and certify that the application is complete and eligible within seven working days of submission of the application. If an application is determined to be incomplete or inconsistent with the general requirements of the proportionate fair-share program as indicated in Section 4-904.D, then the applicant will be notified in writing of the reasons for such deficiencies within ten working days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 working days of receipt of the written notification, then the application will be deemed withdrawn and no further consideration shall be taken by the community development coordinator. 5.Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the Strategic Intermodal System (SIS) requires the concurrence of the Florida Department of Transportation. The applicant shall submit evidence of an agreement between the applicant and the Florida Department of Transportation for inclusion in the proportionate fair-share agreement. 6.When an application is deemed complete and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the city or the applicant with direction from the city and delivered to the appropriate parties for review, including a copy to all affected jurisdictions for any proposed proportionate fair-share mitigation that has multi-jurisdictional impacts, no later than 60 working days from the date at which the applicant received the notification of a complete and eligible application and no fewer than 14 working days prior to the city council meeting when the agreement will be considered. The city and applicant may mutually agree to extend the 60 working day 8 Ordinance No. 8806-16 time frame for development of the agreement for the purpose of evaluating information and/or collecting additional information to complete the agreement 7.The city shall notify the applicant regarding the date of the city council meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the city council. In instances where the proportionate fair-share obligation is determined to be $100,000.00 or less, the community development coordinator shall have the authority to approve, on the part of the city, any agreement to satisfy that obligation. G.Determining proportionate fair-share obligation. 1.The proportionate fair-share obligation shall be based on the impact a development has on a transportation facility as determined by a traffic impact analysis that assesses the distribution and volume of traffic generated by the proposed development. 2.A facility shall be considered impacted when the net trips generated by the proposed development meets or exceeds five percent of the facility's peak hour capacity. 3.Should the impacted facility be operating at a level of service that meets the locally adopted level of service standard, it would not be eligible for the application of proportionate fair share provisions. 4.Should the impacted facility be operating at a substandard level of service based on existing conditions or as a result of the impacts of a proposed development, the facility would be identified as eligible for proportionate fair share provisions and the applicant would be notified as such. 5.Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities. 6.A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation. 7.The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows: a. The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted level of service, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted Level of Service. or 9 Ordinance No. 8806-16 b. Proportionate Fair-Share = σ[[(Development Trips;sub .....sub;) / (SV Increase;sub 8.For the purposes of determining proportionate fair-share obligations, the city shall determine improvement costs based upon the actual cost of the improvement as obtained from the Capital Improvement Element, the Metropolitan Planning Organization Transportation Improvement Plan or the Florida Department of Transportation Work Program. Where such information is not available or outdated, improvement cost shall be determined using one of the following methods: a. An analysis by the city of costs by unit price that incorporates data from recent projects and is updated annually. In order to accommodate increases in construction material costs, project costs shall be adjusted by the method specified in Section 4-904(M) or b. The most recent issue of the Florida Department of Transportation's Transportation Costs, as adjusted based upon the unit price (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted Florida Department of Transportation Work Program shall be determined using this method in coordination with the Florida Department of Transportation District. 9.If the city has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section. 10.If the city has accepted right-of-way dedication for the proportionate fair- share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at 118 percent of the most recent assessed value by the Pinellas County Property Appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the city and at no expense to the city. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the city at no expense to the city. If the estimated value of the right-of-way dedication proposed by the applicant is less than the city estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair-share, public or private partners should contact the Florida Department of Transportation for essential information about compliance with federal law and regulations. 11.Where the comprehensive plan supports mixed-use, infill, redevelopment, and expanding roadway capacity to serve this development is inconsistent with community goals, the city may establish one or more multimodal districts for the purpose of transportation concurrency. In the event that such districts are established: 10 Ordinance No. 8806-16 a. The boundaries of each district shall be described, and for each district, standards shall be adopted for street connectivity and transit, bicycle and pedestrian levels of service, consistent with Florida Department of Transportation Model Regulations and Plan Amendments for Multimodal Transportation Districts. b. For each district, the city shall adopt a five-year or long-term schedule of capital and service improvements to achieve and maintain the adopted levels of service. Any transit improvements to be included in this schedule will be identified in consultation with the transit agency. c. When a development is proposed in a district where the multimodal level of service standards are not being met, the applicant may pay a proportionate fair-share amount towards meeting the standards and then proceed with the development. 12.At the discretion of the city, the development's overall trips may be reduced by up to five percent, with a developer commitment to the implementation of trip reduction measures, to include: an agreed-on set of capital and/or operational contributions; record-keeping and annual reporting by implementers of operational programs; and penalties for failure to implement and maintain the measures for an agreed upon time period. Appropriate capital and operational contributions towards trip reduction may include, but are not limited to, vanpool vehicles, preferential parking and other facilities for carpools and vanpools, covered and secure bicycle storage, shower and change facilities available to bicycle commuters, office work-stations available for use by teleworkers, and support for and active promotion of rideshare matching programs. H.Impact fee credit for proportionate fair-share mitigation. 1.Proportionate fair-share contributions shall be applied as a credit against transportation impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the county's impact fee ordinance. 2.Transportation impact fee credits for the proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Transportation impact fees owed by the applicant will be reduced per the proportionate fair-share agreement as they become due per the Pinellas County Countywide Transportation Impact Fee Ordinance. If the applicant's proportionate fair-share obligation is less than the development's anticipated transportation impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the city pursuant to the requirements of the county impact fee ordinance. 3.Major transportation impact fee-funded projects not identified within the appropriate county transportation impact fee district nor created under 11 Ordinance No. 8806-16 Section 4-904 D.2.a. nor Section 4-904 D.2.b. which can demonstrate a significant benefit to the impacted transportation system may be eligible for impact fee credits in accordance with the provisions of the county transportation impact fee ordinance. 4.The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any transportation impact fee credit based upon proportionate fair-share contributions for a proposed development cannot be transferred to any other location unless provided for within the county impact fee ordinance. I.Proportionate fair-share agreement. 1.Upon execution of a proportionate fair-share agreement (agreement), and upon meeting all other requirements of Section 4-903, the applicant shall receive a certificate of concurrency. In the event that the certificate of concurrency expires, the agreement shall be considered null and void, and the applicant shall be required to reapply. 2.Payment of the proportionate fair-share contribution is due in full prior to issuance of the development order or recording of the final plat and shall be non-refundable. If the payment is submitted more than 12 months from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to Section 4-904.G. and adjusted accordingly. 3.All developer improvements authorized under this section must be completed prior to issuance of a building permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed before issuance of building permits or certificates of occupancy. 4.Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat. 5.Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation. 6.Applicants may submit a letter to withdraw from the proportionate fair- share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the city will be non refundable. 12 Ordinance No. 8806-16 7.The city may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility. J.Appropriation of fair-share revenues. 1.Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the city capital improvement element, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the city, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the 50 percent local match for funding under the Florida Department of Transportation's Transportation Regional Incentive Program (FDOT TRIP). 2.In the event a scheduled facility improvement is removed from the capital improvement element, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of Section 4-904.D.2.b. 3.Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in F.S. § 339.155, and then the city may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under the Florida Department of Transportation's Transportation Regional Incentive Program (FDOT TRIP). Such coordination shall be ratified by the city through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose. 4.Where an applicant constructs a transportation facility that exceeds the applicant's proportionate fair-share obligation calculated under Section 4- 904.H, the city shall reimburse the applicant for the excess contribution using one or more of the following methods: a. An impact fee credit account may be established for the applicant in the amount of the excess contribution, a portion or all of which may be assigned and reassigned under the terms and conditions acceptable to the city. b. An account may be established for the applicant for the purpose of reimbursing the applicant for the excess contribution with proportionate fair-share payments from future applicants on the facility. c. The city may compensate the applicant for the excess contribution through payment or some combination of means acceptable to the city and the applicant. 13 Ordinance No. 8806-16 K.Cross jurisdictional impacts. 1.In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrency, the city may enter an agreement with one or more adjacent local governments to address cross jurisdictional impacts of development on cross jurisdictional transportation facilities. The agreement shall provide for application of the methodology in this section to address the cross jurisdictional transportation impacts of development. 2.A development application submitted to the city subject to a transportation concurrency determination meeting all of the following criteria shall be subject to this section: a. All or part of the proposed development is located within one-half mile of the area which is under the jurisdiction, for transportation concurrency, of an adjacent local government; and b. If the additional traffic from the proposed development would use five percent or more of the adopted peak hour level of service maximum service volume of a cross jurisdictional transportation facility within the concurrency jurisdiction of the adjacent local government (impacted cross jurisdictional facility); and c. The impacted cross jurisdictional facility is projected to be operating below the level of service standard, adopted by the adjacent local government, when the traffic from the proposed development is included. 3.Upon identification of an impacted cross jurisdictional facility pursuant to Section 4-904.K.2.a.—c. The city shall notify the applicant and the affected adjacent local government in writing of the opportunity to derive an additional proportionate fair-share contribution, based on the projected impacts of the proposed development on the impacted adjacent facility. 4.The adjacent local government shall have up to 90 days in which to notify the city of a proposed specific proportionate fair-share obligation, and the intended use of the funds when received. The adjacent local government must provide reasonable justification that both the amount of the payment and its intended use comply with the requirements of F.S. § 163.3180(16). Should the adjacent local government decline proportionate fair-share mitigation under this section, then the provisions of this section would not apply and the applicant would be subject only to the proportionate fair share requirements of the city. 5.If the subject application is subsequently approved by the city, the approval shall include a condition that the applicant provides, prior to the issuance of any building permit covered by that application, evidence that the proportionate fair-share obligation to the adjacent local government has been satisfied. The city may place as a condition of approval that the 14 Ordinance No. 8806-16 adjacent local government declare in a resolution, ordinance, or equivalent document, its intent for the use of the concurrency funds to be paid by the applicant. L.Proportionate Share Program for Transportation Concurrency Exception Areas (TCEA's), Transportation Concurrency Management Areas (TCMA's) and Multimodal Transportation Districts (MMTD's). Within the local TCMA's, MMTD's, and/or TCEA's, the city may establish a proportionate fair-share assessment, based on the expected costs and transportation benefits of all the programmed improvements within that district, and based on the expected trip generation of the proposed development. M.Method for cost escalation. This section contains a method to estimate growth in costs, through the computation of a three-year average of the actual cost growth rates. This will provide a growth rate that should be smoothed to avoid overcompensating for major fluctuations in costs that have occurred due to short- term material shortages. Costn = [(1 + t) × (Cost0)] × [1 + Cost growth3yr]n Where: Costn = The cost of the improvements in year n; t =Contingency factor - Will only be applied to projects that have not been adjusted for present day costs using a comparable contingency factor. Cost0 = The cost of the improvement in the current year; Cost growth3yr = The growth rate of costs over the last three years; n = The number of years until the improvement is constructed. The three-year growth rate is determined by the following formula: Cost growth3yr = [Cost growth-1 + Cost growth-2 + Cost growth-3]/3 Where: Cost growth3yr = The growth rate of costs over the last three years; Cost growth-1 = The growth rate of costs in the previous year; Cost growth-2 = The growth rate of costs two years prior; Cost growth-3 = The growth rate of costs three years prior. (Ord. No. 7718-06, § 2, 11-15-06) Section 4-904. - Mobility Management System. A. Purpose and intent. The purpose of this section is to provide a more flexible and efficient alternative to the traditional form of transportation concurrency management, which ties development approvals to maintaining adopted roadway level of service standards, while facilitating multi-modal transportation solutions. B. Applicability. The mobility management system shall apply to all developments in the City of Clearwater, pursuant to the requirements of 4-904.C. C. General requirements. All development projects within the City of Clearwater that generate new peak hour trips are subject to the provisions of this section to address their development impacts. Determination of trip generation associated with an application for development shall be based on Schedule A or B in Section 150-40 of 15 Ordinance No. 8806-16 Pinellas County Land Development Code, or the latest edition of the Institute of Transportation Engineers Trip Generation Manual. As an alternative to the fee schedule and Trip Generation Manual, the applicant may submit a trip generation study in accordance with Section 4-905.C.4.a. and b. 1. Deficient road corridors include parcels, all or a portion of which lie within a corridor, and are defined as: a.Sole direct access. A condition where the only means of site ingress/egress is directly onto the road facility, regardless of the distance of that site from the facility; b.Direct access. A condition in which one or more existing or potential site ingress/egress points makes a direct connection to the road facility and the site is within one-half mile of the road facility; and c.Sole indirect access. A condition where the only point of site ingress/egress is onto a public non-arterial roadway which makes its first and shortest arterial level connection onto a road facility regardless of the distance of that site from the facility. 2. Deficient road corridors are listed within the most recent Pinellas County Metropolitan Planning Organization’s annual Level of Service Report. 3. Development projects that generate less than 51 new peak hour trips are required to pay a multi-modal impact fee in accordance with Section 4-905. They are not required to submit a transportation management plan or study. 4. Tier 1 projects. Tier 1 projects are development projects that generate between 51 and 300 new peak hour trips. a. Developers of Tier 1 projects located within deficient road corridors are required to submit a transportation management plan designed to address their impacts while increasing mobility and reducing the demand for single occupant vehicle travel. b. The cost of transportation management strategies implemented for Tier 1 projects are creditable toward their multi-modal impact fee assessment. If the cost of the improvement exceeds the assessment, the development project would not be subject to payment of the fee. 5. Tier 2 projects. Tier 2 projects are development projects that generate more than 300 new peak hour trips. a. Developers of Tier 2 projects within deficient road corridors are required to conduct a traffic study and submit an accompanying report. The report shall 16 Ordinance No. 8806-16 include the results of the traffic study and a transportation management plan identifying improvements necessary to mitigate the impacts of the project. b. The cost of transportation management strategies implemented for Tier 2 projects may be applied as credit toward the project’s multi-modal impact fee assessment or payment of the fee could be included as part of a transportation management plan. 6. Development projects that generate more than 50 new peak hour trips on non- deficient road corridors shall be reviewed by the City to determine if the impacts of the project adversely affect the level of service of the surrounding road network. If it is determined that approval of the development project reduces the level of service of the adjacent road(s) to peak hour level of service E or F or would cause the volume-to-capacity ratio to reach or exceed 0.9, a transportation management plan is required. The applicant may submit a traffic study to verify whether their project would affect the level of service of adjacent road(s). A transportation management plan is required if the results of the traffic study confirm the finding of the City, and the transportation management plan for such developments shall comply with the requirements of Tier 1 or Tier 2 projects, as described in Sections 4-904.C.2. and 3. 7. Transportation management plans. At the time of site plan review, the City shall analyze the development impacts of a project. A transportation management plan is required for development applications subject to sections 4-904C.3, 4, and 5, utilizing transportation management strategies/improvements to address their development impacts. The extent of the strategies/improvements included in an approved transportation management plan in terms of the scale of the project(s) and roadway capacity and/or mobility benefits provided shall be based primarily on the project(s) impact on the surrounding traffic circulation system. Specific conditions of the deficient road corridor impacted by the development shall also be considered. Transportation management plans must be developed by the applicant and accepted by the City. If the project impacts a State road, the applicant shall also submit the transportation management plan to the Florida Department of Transportation District 7 Office. Transportation management plans seeking to implement strategies that do not involve structural improvements, such as ride sharing and transit incentive programs, must include a monitoring program to ensure the strategies are carried out in accordance with the plan. Site-related improvements are not eligible for inclusion in transportation management plans. Transportation management plan strategies/improvements include, but are not limited to, those listed below: a.Intensity reduction. The intensity of the proposal may be reduced through an across-the-board reduction of the permitted floor area ratio, as it would 17 Ordinance No. 8806-16 otherwise normally apply to the proposal. Other such corrective actions that would reduce the intensity of the proposal may also apply. b.Density reduction. The density of the proposal may be decreased by a reduction in the number of units per acre below that which would otherwise normally apply to the proposal. c.Project phasing. A project may be divided into logical phases of development by area, with later phases of the development proposal’s approval withheld until the needed facilities are available. d.Outparcel deletion. Those portions of the proposal characterized as outparcels that create separate and unique impacts may be deleted from the total proposal. e.Physical highway improvements. A project may construct link capacity improvements, acceleration/deceleration lanes, intersection improvements, or frontage roads. f.Operational improvements (signal). This includes efforts involving signal removal or signal timing improvements. g.Access management strategies. These include access management controls such as the preclusion of a direct connection to a level of service deficient facility, right-in/right-out driveways, alternative driveway locations, reduction of a driveway, single point access, shared access, or the implementation of median controls. h.Mass transit initiatives. A project may implement a plan to encourage transit (e.g., employer-issued bus passes). Other mass transit initiatives may include, but are not limited to, the construction of bus stop amenities, bus pull- off areas, and dedication of park and ride parking spaces. i.Demand management/commuter assistance. These include efforts to encourage ride-sharing (e.g., designated parking spaces for carpools, employer-sponsored carpool programs, participation in transportation management organization/initiative programs), and implementing flexible work hour and telecommuting programs. j.Bicycle/pedestrian improvements. These would involve structural improvements or construction of a bikeway or sidewalk connecting an existing bikeway/sidewalk network or providing access to a school, park, shopping center, etc. These improvements may also include pedestrian treatments in parking areas, sidewalks connecting developments with adjacent land uses, trail improvements and bicycle rack and on-street bicycle lane installations, and the planting of trees to provide shade canopy along sidewalks. 18 Ordinance No. 8806-16 k.Intelligent transportation system improvements. This includes improvements pertaining to computerized traffic signal systems that automatically adjust to maximize traffic flow and to permit emergency vehicles to pass through intersections quickly. It also includes freeway management systems, such as electronic message signs, and electronic fare payment on public buses that reduce passenger boarding time. l.Livable community site design features. These include, but are not limited to, implementation of pedestrian friendly site design features such as orienting buildings toward the street and parking lots to the side or rear of buildings. Section 8.That Article 4, Development Review and Other Procedures, Section 4-905, Reserved, of the Community Development Code be amended to read as follows: Section 4-905. – Reserved. Multi-modal impact fee. A. Purpose and intent. The purpose of this section is to establish the required payment of multi-modal impact fees, the computation of those fees, fee credits, disposition of funds, refunding of fees, and exemptions of fees. B. Fee required. The payment of a multi-modal impact fee shall be required in the manner and amount set forth in this section. 1. Any person who seeks a certificate of occupancy for any land development activity or seeks to change a use by applying for issuance of a building permit which will generate additional traffic shall be required to pay a multi-modal impact fee. 2. No certificate of occupancy or building permit requiring payment of a multi-modal impact fee pursuant to section 4-905.C shall be issued unless and until the multi- modal impact fee has been paid. 3. Any person who has submitted a site plan or building permit application in accordance with land development codes prior to the adoption of Ord. No. 8806- 16 shall be subject to the terms of the ordinance that was in effect at the time the site plan or building permit application was submitted. C. Computation of amount. The amount of the multi-modal impact fees imposed under this section will depend on a number of factors, including the type of land development activity, and several fixed elements, such as the average cost to construct one lane-mile of roadway ($2,216,466) and the average capacity of one lane-mile of roadway (6,900 vehicles per day). 1. The following formula shall be used by the City to determine the impact fee per unit of development: 19 Ordinance No. 8806-16 TGR x %NT x TL x CST (RF) CAP x 2 WHERE: TGR = Trip generation rate, as per fee schedule %NT = percent new trips TL = Average trip length, varies by land use CST = The cost to construct one lane-mile of roadway ($2,216,466) CAP = The capacity of one lane-mile of roadway (6,900 vehicles per lane, per day) 2 = Allocation of one-half the impact to the origin and one-half to the destination RF = Reduction factor (0.268) 2. At the option of the feepayer, the amount of the multi-modal impact fee may be determined by the Impact Fee Schedule A or B in Section 150-40 of the Pinellas Land Development Code. 3. In the case of a new use, redevelopment, or modification of an existing use, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the impact fee for the highest previous use in existence on or after the adoption of the ordinance from which this section derives. The City shall be guided in this determination by the County’s transportation impact fee study (February 1990), independent study trip generation data, or the Institute of Transportation Engineers Trip Generation, sixth (or successor) edition. 4. If a feepayer opts to not have the impact fee determined according to subsections 1 or 2 of this section, then the feepayer shall prepare and submit to the City for approval of an independent fee calculation study for the land development activity for which a certificate of occupancy or building permit is sought. The traffic engineering and/or economic documentation submitted, which will require a pre- application meeting with the City, shall show the basis upon which the independent fee calculation was made, including, but not limited to the following: a. Traffic engineering studies: 1. Documentation of trip generation rates appropriate for the proposed land development activity. 2. Documentation of trip length appropriate for the proposed land development activity. 3. Documentation of the cost per land mile for roadway construction for the proposed land development activity. b. Economic documentation studies: 20 Ordinance No. 8806-16 1. Documentation of the cost per lane per mile for roadway construction for the proposed land development activity. 2. Documentation of credits attributable to the proposed land development activity which the feepayer will make available to replace the portion of the service volume used by the traffic generated by the proposed land development activity. 5. Trip generation documentation other than traffic engineering or economic documentation studies, as described in Section 4-905.C.4.a and b may be submitted by the applicant in consideration of an independent fee calculation. D. Payment of fees and credits. The person applying for the issuance of a certificate of occupancy or building permit shall pay the multi-modal impact fee to the City prior to the issuance of such permit. Fees for mobile homes shall be payable prior to issuance of the permits which allow the mobile home to move on to a lot. Fees shall be collected as part of the normal permitting process of the City. The City Manager or his designee shall have full collection authority as well as full discretion for approval of alternative methods for calculation of impact fees on a case-by-case basis. All funds collected under this section shall be promptly transferred for deposit into the appropriate impact fee trust account. E. Fee credits. The following improvements to the transportation system may be eligible for credit against the multi-modal impact fee or an impact fee adjustment or reduction. Certain site related improvements or land dedicated for related right-of-way shall not be given any credit towards the impact fee. 1. Construction of on-site trail, pedestrian, or bicycle facility if part of a trail, bicycle, or pedestrian network identified in Metropolitan Planning Organization Long Range Transportation Plan or the Clearwater Comprehensive Plan is eligible for credit against impact fee assessment. 2. All transportation improvements required under a City approved development order issued for a new development or a development of regional impact approved prior to the adoption date of this ordinance shall be credited against multi-modal impact fees up to the total amount of the impact fee. Those improvements deemed as site-related or on-site, shall not be credited against the multi-modal impact fee. 3. Mixed-use developments consisting of complementary land uses that are designed with connectivity to allow for a reduction in trip lengths and/or percent new trips are eligible for an impact fee rate adjustment based on trip generation data for similar uses. 4. Commuter assistance programs with long-term contract(s) facilitating ride sharing activity are eligible for an impact fee rate reduction based on the reduction in the 21 Ordinance No. 8806-16 number of single-occupant vehicle trips that would otherwise be associated with the project. 5. Bus stop shelters, including pads, are eligible for a credit against the impact fee assessment in an amount equal to the cost of the improvement or 1 percent of the fee, whichever is greater. 6. Construction of shared driveway(s) between adjacent properties is eligible for a credit against the impact fee assessment in the amount that is 50 percent of the construction cost for the portion of the driveway that is located off-site. 7. Construction of shared inter-connecting parking lots is eligible for a credit against the impact fee assessment in an amount that is 50 percent of the construction cost for the portion of the parking area located off-site. 8. Sidewalks constructed for credit against impact fee assessments must provide connection between the site and surrounding sidewalk network and/or major destination point such as a park, shopping center, school, community center, etc. 9. Pedestrian and bicycle facilities connecting neighboring properties may be eligible for credit against impact fees for the portion of the construction that is off-site. 10. Off-site crosswalk enhancements, including curb bulb-out at intersection, pavement marking, or raised crossings are eligible for credit against impact fee assessment. 11. The City Manager or his or her designee may accept an offer by the feepayer to implement all or part of a transportation improvement project consistent with the Clearwater Comprehensive Plan or the Metropolitan Planning Organization’s Long Range Transportation Plan. The project(s) may be for any mode of transportation, including rail, transit, pedestrian, or bicycle, providing that it serves to add to the capacity of the surrounding transportation circulation system or to increase mobility and reduce the dependence on automobile travel. This offer shall not include site-related or on-site improvements. These transportation improvements must be in accordance with City, County, or State requirements, whichever are applicable. The feepayer shall provide the following to the City Manager or his designee to determine consistency with City requirements: a. Submit an offer to make improvements in lieu of a fee payment; and b. A letter detailing the improvements to be made, improvement plans, and a construction cost estimate in sufficient detail. If the City Manager or his designee accepts such an offer, the cost of the improvement project, except for the improvements identified in Sections 4- 905.E.5, 6, and 7, shall be credited against the multi-modal impact fee assessed on the proposed development. Upon satisfactory completion and construction 22 Ordinance No. 8806-16 approval of the transportation improvement made in lieu of all or a portion of the impact fee due, the improvement shall be accepted by the City for future maintenance. If the certificate of occupancy is requested prior to the completion of the approved project, then a performance bond shall be provided to the City manager or his designee to cover the balance of all work required following issuance of the certificate of occupancy. 12. Sections 4-905.E.1 through 11 do not apply to development projects that are subject to the requirements of Sections 4-904.C.4 and 5. F. Disposition of funds. Funds collected from multi-modal impact fees shall be used exclusively for the purpose of projects that improve the capacity of the surrounding traffic circulation system. These projects may involve improvements to transportation modes such as transit, pedestrian, and bicycle travel as well as roadway expansion. Such improvements shall be of the type as are made necessary by the new development. Specific projects to receive funds from impact fees collected shall be determined by City Council. Priorities for impact fee funded transportation improvements shall be established by City Council in compliance with adopted plans and the transportation improvement program of the Metropolitan Planning Organization. 1. No funds collected under this article shall be used for periodic maintenance, as defined in F.S. Chapter 334, as amended. 2. Fees collected within a community development or tax increment financing district shall be expended within such district. If the project(s) benefit the district from where the fees were collected, the fees can be expended in a neighboring district. Parking garages for general public purposes shall be considered eligible transportation improvements within such areas or districts. 3. Multi-modal impact fees collected by the City shall be held by the City until the end of the fiscal year in which collected. At the beginning of each new fiscal year, one-half of all fees collected, and the accrued interest thereon, less the four percent retained from the total fee collected for administrative costs, shall be forwarded to the Board of County Commissioners for placement in the appropriate trust account. The remaining one-half shall be deposited in the City’s multi-modal impact fee trust account. All fees must be disbursed, encumbered, or refunded by the City in a manner consistent with this section. 4. If the City wishes to expend the portion of the fees which are due to the County, the City may do so with the approval of the county administrator and the City Manager or his or her designee. 5. Multi-modal impact fees collected on the state road network within the City may be made available for construction of improvements on the state road network within the City. 23 Ordinance No. 8806-16 6. Multi-modal impact fee funds shall be administered as an independent component of the Capital Improvement Element of the Clearwater Comprehensive Plan, as required by F.S. Chapter 163. Each fiscal year, the City Manager or his or her designee shall present to City Council the district improvement programs for transportation expenditures. These programs shall assign transportation improvement costs and related expenses to the trust account for specific transportation improvement projects. Monies, including any accrued interest not assigned in any fiscal year, shall be retained in the same impact fee trust account until the next fiscal year, except as provided by the refund provisions of this section. The City shall retain four percent of the fees collected for administrative costs. G. Refund of fee paid. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten years from the date that the multi-modal impact fee was paid, upon application of the feepayer, within 180 days of that date, be returned to the feepayer with interest at a yearly rate to be determined by the Consumer Price Index effective January 1, which is to be applied to the preceding year for each year the deposit is held. H. Exemptions. The following shall be exempted from payment of the multi-modal impact fee: 1. Alteration or expansion of an existing building where no additional units or floor area are created, use is not changed, and where no additional vehicular trips will be produced over and above that produced by the existing use; 2. The construction of accessory buildings or structures which will not produce additional vehicular trips over and above that produced by the principal building or use of the land; 3. The replacement of a building or structure with a new building or structure of the same use provided that no additional trips will be produced over and above those produced by the original building or structure; and 4. The construction of publicly-owned facilities used primarily for traditional government uses. Section 9.That Article 8, Definitions and Rules of Construction, Section 8- 102, of the Community Development Code, be amended to read as follows: * * * * * * * * * * Credits means the impact fee deductions allowed a feepayer for eligible off-site transportation improvements funded by the feepayer. * * * * * * * * * * 24 Ordinance No. 8806-16 Deficient facility means a road operating at peak hour level of service E or F, and/or a volume-to-capacity (v/c) ratio of 0.9 or higher with no mitigating improvements scheduled within three years. * * * * * * * * * * Feepayer means a person commencing a land development activity which generates traffic and which requires the issuance of a certificate of occupancy or land use permit * * * * * * * * * * Mobility management system means the process utilized by the City to implement the City’s mobility plan. This includes the process of managing the transportation impacts of development projects and assessment, collection, and expenditure of multi-modal impact fees. Mobility plan means the approach to managing the transportation impacts of development projects and increasing the mobility for pedestrians, bicyclists, transit users, and motor vehicles utilizing the multi-modal impact fee and local site plan review processes. * * * * * * * * * * New peak hour trip means a vehicle trip added to the major road network from and to a developed parcel of land during the weekday peak hour. This excludes passer-by or diverted trips, whereby the site is accessed as a secondary trip. * * * * * * * * * Pre-existing use means the land use that had occupied a parcel of land prior to the submittal of a permit/site plan application. * * * * * * * * * Transportation concurrency management area means a compact geographic area with existing or proposed multiple viable alternative travel paths or modes for common trips. An area-wide level of service standard may be established for specified facilities, and must be maintained, as a basis for the issuance of development orders and permits within one or more designated concurrency management areas. Transportation management plan means a plan, submitted by a development applicant, which seeks to utilize transportation management strategies to address development impacts, improve the efficiency and safety of the transportation system, and increase the mobility for all users. Transportation management plan strategies means any strategies intended to increase mobility while addressing the transportation impacts of development projects. Strategies include, but are not limited to, density/intensity reductions, project phasing, access controls, capital improvements and/or initiatives encouraging mass transit, bicycle, or 25 Ordinance No. 8806-16 pedestrian travel, ride-sharing, or roadway improvements. They do not include standard requirements necessary for site plan approval or operational improvements. * * * * * * * * * Volume-to-capacity (v/c) ratio means the rate of traffic flow of an intersection approach or group of lanes during a specific time interval divided by the capacity of the approach or group of lanes. * * * * * * * * * Section 10.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 11.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 12.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 13.Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 14.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 Soto Rosemarie Call Assistant City Attorney City Clerk ** REVISED FOR CITY COUNCIL ** COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: December 15, 2015 AGENDA ITEM: F. 2. CASE: TA2015-10006 ORDINANCE NO.: 8806-16 REQUEST: Review and recommendation to the City Council, of an amendment to the Code of Ordinances renaming transportation impact fee to multi-modal impact fee; and amending the Community Development Code to repeal and replace proportionate fair-share with a mobility management system and multi-modal impact fee, updating criteria accordingly, and updating various references. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The 2011 Community Planning Act made substantial amendments to Chapter 163, Florida Statutes, including repealing state mandated transportation concurrency. In response to those changes, the Pinellas County Metropolitan Planning Organization (MPO) coordinated with the various local governments to develop an alternative approach to transportation concurrency. The result of this collaborative effort, the Pinellas County Mobility Plan, was endorsed by the MPO in 2013. Model code amendments were later provided to municipalities to integrate into their local ordinances. The City has adopted required levels of service for solid waste, sanitary sewer, stormwater, potable water, hurricane evacuation, and parks. Transportation impact fees are established by the Pinellas County Code Chapter 150-40 (the Transportation Impact Fee Ordinance, or TIFO), and are applied countywide. Levels of service are maintained through the application of the City’s concurrency management requirements, which are imposed to ensure that permits are not issued for a development project without the public facilities and services necessary to handle its impacts being in place. The proposed amendments described in this report are associated with the proposed City of Clearwater Comprehensive Plan amendments being processed concurrently with this case (see CPA2015-04001), which propose to repeal transportation concurrency and establish the policy framework for a new Mobility Management System. The purpose of the proposed Mobility Management System is to provide a tiered development review approach requiring larger scale projects adding trips to the surrounding road network to implement transportation management strategies in-lieu of or as credit toward their impact fee assessment. The goal is to increase mobility for all users, including bicyclists, pedestrians, and public transit, while reducing the amount of single-occupant vehicular trips. Community Development Board – December 15, 2015 Revised for City Council – January 21, 2016 TA2015-10006 – Page 2 ANALYSIS: Ordinance No. 8806-16 proposes to repeal transportation concurrency requirements and the proportionate fair- share program, as allowed under Chapter 163, Florida Statutes. A new Mobility Management System would be established and a multi-modal impact fee would replace the transportation impact fee, consistent with the amended Pinellas County Transportation Impact Fee Ordinance. The following is a brief analysis of each aspect of the proposed amendment. 1. Multi-Modal Impact Fee [pages 2, 18-23 of ordinance] The proposed amendment updates the name of the fee from Transportation Impact Fee to Multi- Modal Impact Fee in several locations, including within the Code of Ordinances. It also establishes the multi-modal impact fee, fee credits, payment of fees, disposition of the funds, refund of fees, and fee exemptions. This fee, which is part of the proposed Mobility Management System, replaces the existing Proportionate Fair-Share program, and is consistent with the Pinellas County Transportation Impact Fee Ordinance. 2. Repeal of Transportation Concurrency [pages 3 and 4 of ordinance] The proposed amendment exempts roads from the list of facilities required to have a certificate of concurrency/capacity. 3. Zoning Atlas Amendments [pages 2-3 of ordinance] Updates the term “commission” to “council” throughout the section, and changes the review criteria for roadways from “traffic carrying capacities” to “traffic operations”. 4. Repeal of Proportionate Fair Share [pages 4-14 of ordinance] The proposed amendment repeals the requirement that a proportionate fair-share contribution must be paid. The Mobility Management System replaces the Proportionate Fair-Share program. 5. Mobility Management System [pages 14-18 of ordinance] Establishes the Mobility Management System, which is the tiered development review process that requires larger scale projects adding trips to the surrounding road network to implement transportation management strategies in-lieu of or as credit toward their multi-modal impact fee assessment. Smaller scale projects which generate less than 51 new peak hour trips on deficient road corridors will only be required to pay their multi-modal impact fee assessment; whereas projects that generate a greater number of trips on deficient road corridors will be required to submit a transportation management plan (Tier 1 projects, 51 – 300 new p.m. peak hour trips) or submit a traffic study with an accompanying report and transportation management plan (Tier 2 projects, greater than 300 new p.m. peak hour trips). Development projects that are not on a deficient road corridor that generate less than 50 new peak hour trips will only have to pay the multi-modal impact fee; whereas projects that generate more than 50 new peak hour trips will be reviewed by City staff, and any significant impacts that are found will be required to follow the requirements of Tier 1 or Tier 2 projects. The Mobility Management System also includes a variety of transportation management plan strategies/improvements (pages 16 – 18 of ordinance) which, if implemented by the developer, can be credited against their multi-modal impact fee assessment. Community Development Board – December 15, 2015 Revised for City Council – January 21, 2016 TA2015-10006 – Page 3 6. Definitions [pages 23-25 of ordinance] New definitions are added to explain various terms utilized in the Mobility Management System section of the Code and removes terms that deal with transportation concurrency. CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, 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 Objectives and Policies which will be furthered by the proposed Code amendments: Objective A.6.5 The City shall encourage improved land use compatibility through the evaluation of traffic calming techniques, multi-modal transportation networks, and the use of transit oriented development planning. Policy A.6.5.3 All proposed development/redevelopment initiatives shall be reviewed for opportunities to improve pedestrian and bicycle access and consider the integration of bicycle and pedestrian transportation modes in all phases of transportation planning, new roadway design, roadway construction, roadway resurfacing and other capital projects consistent with the City’s Shifting Gears Bicycle and Pedestrian Master Plan 2006. On Clearwater Beach, pedestrian and bicycle improvements should adhere to the policies and design guidelines set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Objective A.6.8 Identify those areas of the City that are appropriate for redevelopment as livable communities and require that specific sustainable elements be used in the redevelopment of these areas. Policy A.6.8.9 Promote a variety of transportation modes such as walking, bicycling, ride sharing and mass transit to increase transportation choices and decrease dependence on the single- occupancy automobile. Objective B.1.5 The City shall specifically consider the existing and planned LOS the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. The proposed amendments are being processed concurrently with CPA2015-04001, and will bring more consistency between the Comprehensive Plan and the Community Development Code. The change from transportation concurrency to the proposed Mobility Management System will require developers to better mitigate their potential transportation impacts by utilizing strategies that increase mobility for pedestrians, bicycles, and mass transit users and by utilizing livable communities techniques within development proposals. As such, the above reference objectives and policies of the Comprehensive Plan will be furthered. Community Development Board – December 15, 2015 Revised for City Council – January 21, 2016 TA2015-10006 – Page 4 2. The proposed amendment furthers the purposes of the Community Development Code 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 Section 1-103.  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 procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.1., CDC).  Provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, with particular regard for safe and efficient vehicular and pedestrian traffic movement (Section 1-103.E.4., CDC). The establishment of the Mobility Management System, which replaces transportation concurrency, will continue to ensure efficient vehicular movement while also requiring developers to better accommodate pedestrian, bicycle, and mass transit users on the road network system. The proposed amendments will also update references to current State Statute requirements. As such, the proposed amendment furthers the purposes of the Community Development Code as well as the actions designed to implement the Clearwater Comprehensive Plan. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is not inconsistent with and will further the goals, objectives and policies 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. 8806-16 that amends the Code of Ordinances and the Community Development Code. Prepared by Planning and Development Department Staff: _____ Kyle Brotherton, Planner ATTACHMENTS: Resume Ordinance No. 8806-16 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8847-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 8847-16 on second reading, annexing certain real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, together with certain rights-of-way of Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8847-16 ORDINANCE NO. 8847-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1216 ALOHA LANE, 1310 IDLEWILD DRIVE, 1915 MACOMBER AVENUE, 2047 AND 2049 POINSETTA AVENUE, 1273 SEDEEVA CIRCLE NORTH, 1209 AND 1212 SHERIDAN ROAD AND 1227 UNION STREET, ALL WITHIN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHTS-OF-WAY OF ALOHA LANE, DOUGLAS AVENUE, SHERIDAN ROAD, UNION STREET AND POINSETTA AVENUE, 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 maps attached hereto as Exhibits B and C 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 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 (ATA2016-02001) The maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8847-16 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 ATA2016‐02001 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-001-0110 Lot 11, Block 1 1209 Sheridan Road 2. 03-29-15-87912-002-0040 Lot 4, Block 2 1212 Sheridan Road 3. 03-29-15-87912-003-0050 Lot 5, Block 3 1216 Aloha Lane Together with all Right-of-Way abutting Sheridan Road, Lot 1 through Lot 4, Block 2, together with the east 30 feet of Douglas Avenue Right-of-Way at Sheridan Road, south to southeast corner of Lot 1, Block 1; Together with all Right-of-Way abutting Aloha Lane, Lot 2 through Lot 8, Block 3; The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 4. 03-29-15-15840-001-0130 Lot 13, Block A 1227 Union Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida; Together with the southern 30 feet of Right-of-Way of Union Street abutting Lot 13, Block A, Cleardun Subdivision, west approximately 1,600 feet to the northeast corner of Lot 3, Block C, Brooklawn subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 5. 03-29-15-28098-000-0400 Lot 40 1273 Sedeeva Circle North The above in FLORADEL subdivision, as recorded in PLAT BOOK 15, PAGE 7, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 6. 03-29-15-12060-006-0160 Lot 16, Block F 1310 Idlewild Drive 7. 03-29-15-12060-007-0060 Lot 6 & South 10ft of Lot 5, Block G 2047 Poinsetta Avenue 8. 03-29-15-12060-007-0050 North 40ft Lot 5, South 20ft Lot 4, Block G 2049 Poinsetta Avenue Together will all Right-of-Way of Poinsetta Avenue abutting the south 25 feet of Lot 11, through Lot 16, Block F; The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 9. 03-29-15-83970-000-0030 North 50ft of Lots 3 and 4 1915 Macomber Avenue The above in BINGHAMPTON subdivision, as recorded in PLAT BOOK 12, PAGE 18, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P LAKE 60 60 606060 6060606060 60 60606087.7 45 404040 87.7 16532 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 15 2324 (25) 1 2 3 4 10 11 12 13 6 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 14 15 16 17 12345678910111213789101112 123 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 15 7 8 9 10 11 1 1 2 3 4 5 6 7 8 9 10 11 7475 76 106 107 108 109 110 111 3 1 1 1 1 UNION ST WOODLAWN TER N BETTY LN IDLEWILD DR PALM ST BERMUDA ST POINSETTA AVE ARBELIA ST THE MALL PINECREST WAY R 1998 2073 2081 12911263128412451234128312521994 2044 125712791235122312601242125412712064 20661222 12732014 2048 2021126112351222 13002025123912751266126712932020125912801271 206712331245 13012017 12451295122512461226124512392066 129012622030 12351265123412492072 126412551277127112592022 2088 2071 123112251267126612601262127220531330 12671257126120271231 1256126512782079 2084 2020 2021 200012352070 124613332028 20261220 2075 2010 131712442060 2057124212241251 125520691270 2064 1292127412831296126012532071 2022 203112791247 2056 199912561251 2026 132512772058 2077 1291123112821265203113001243 1241128712622015 20631322 2049 2080B 2068B 1244½2080A13112083 1325132112652028 1317124412462043 2052 20401268 2035 2067 131020761283 123012762039124512321237 1995 2044 2048 1331199612341286 13091232206512751250 20771253 2021 1997125512472063 134512382025 13372 0 1 7 2087 1241127313102081 13411250122320491228205012711235126612631267125012591256 20471227 2024 2068A -Not to Scale--Not a Survey-Rev. 2/12/2016 Exhibit C PROPOSED ANNEXATION (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P 33303060 60 6060606060 80 6660 606060608060 3860 60 60 60 58 63 97 40404040 333050333060 63 6060 45 45 60 30 2809828674 499868397087912 O F G G 1 2 3 4 3 4 5 6 7 8 9 12 13 14 15 16 17 1 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 7 8 9 16 17 18 10 11 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 192021222324 25262728 1234 789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 1213 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 37 22 60 60503360 60 2885419 123 4 56 78910 34 7 8 10 11 12 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 1 1 1 1 1 1 1 1 1 SUNSET POINT RD N BETTY LNSTATE ST DOUGLAS AVE SEDEEVA CIR N CHENANGO AVE COLES RD SEDEEVA CIR S MACOMBER AVE BERTLAND WAY ALOHA LN SHERIDAN RD 1998 118613011199188918741876187818801882188418861888189012241950 1294129012861282127812741967 125112801974 192812261949 11781875 1932 1209127611851925 11841954 1946 1994 1926 1329128512781930 12221914 194211891287 121912321980 1969 13021942 1927 1917 1952 13271943 1878 129012761229124812311200126012551256126719161203 19471222 1182196312641234 12311874 1936 192011901928 1201192412371204 1913 1272191012151230 1940 192311891978 1958 19031180 1908 1969 12001987 1901 12251940 12111962 120612071279128712091223127412561212123712341881 1944 1874 121211901940 1979 1918 1881 122712661915 1926 1218193111841925 19331274 118019091211 1918 127512701201125112241960 13001871 1224123319011244 1288191611851221 1887 1880 124612841936 193312361206 1927 1961 1938 12231239 19131240 19711225 1932 1934 1261 1952 121312581870 1936 1895 1904 1944 19811271 123312081877 1938 1920 1929 1964 12151938 1918 13041876 126819431205 1936 1930 1181B1181A1941 12991885 1818871903 1973 1216120418501209 1919 1251 1249 1923 12041935 1205128112121921 19371212 1919 1245 1995 12951996 19371217 128312061921 121012161917 11861203120112301869 12771188122012021927 1865 1273118112951915 1901 1910 1992 1214122612131217120612731257 1289-Not to Scale--Not a Survey-Rev. 2/12/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Location.docx LOCATION MAP Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P UNION ST KINGS HWY N BETTY LN DOUGLAS AVE SUNSET POINT RD N HIGHLAND AVE OVERBROOK AVE IDLEWILD DR PALM ST OTTEN ST JOEL LN B Y R A M D R SANDY LN STATE ST MARY L RD BROADWAY PINELAND DR TERRACE RD BERMUDA ST SPRINGTIME AVE SEDEEVA CIR N SYLVAN DR RIDGELANE RD ARBELIA ST FLORA RD WILSON RD PLATEAU RD SYLVAN DRALPINE RD CHENANGO AVE WESTON DR IVA ST SPRING LN THAMES LN MARINE ST N WASHINGTON AVE ER I N L N PINELAND DRJADE AVE GRANADA ST SEDEEVA CIR S F U L L E R D R BENTLEY ST PORT WAY STRATHMILL DR SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/12/2016 ^ ^ ^ ^ ^ S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Aerial 1 of 2.docx AERIAL PHOTOGRAPH (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P IDLEWILD DR IDLEWILD DR N BETTY LN N BETTY LN PALM ST PALM ST WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE THE MALL THE MALL BERMUDA ST BERMUDA ST ARBELIA ST ARBELIA ST PINECREST WAY PINECREST WAY UNION ST UNION ST S H O R E D R S H O R E D R -Not to Scale--Not a Survey-Rev. 2/12/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Aerial 2 of 2.docx AERIAL PHOTOGRAPH (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P N BETTY LN N BETTY LN DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD SEDEEVA CIR NSEDEEVA CIR N STATE ST STATE ST CHENANGO AVE CHENANGO AVE COLES RD COLES RD SEDEEVA CIR SSEDEEVA CIR S MACOMBER AVE MACOMBER AVE SYLVAN DRSYLVAN DRBERTLAND WAY BERTLAND WAY PINELAND DRPINELAND DRALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD F U L L E R D R F U L L E R D R -Not to Scale--Not a Survey-Rev. 2/12/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Existing 1 of 2.docx EXISTING SURROUNDING USES MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P LAKE 60 60 606060 6060606060 60 60606087.7 45 404040 87.7 16532 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 15 2324 (25) 1 2 3 4 10 11 12 13 6 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 14 15 16 17 12345678910111213789101112 123 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 15 7 8 9 10 11 1 1 2 3 4 5 6 7 8 9 10 11 7475 76 106 107 108 109 110 111 3 1 1 1 1 UNION ST WOODLAWN TER N BETTY LN IDLEWILD DR PALM ST BERMUDA ST POINSETTA AVE ARBELIA ST THE MALL PINECREST WAY R 1998 2073 2081 12911263128412451234128312521994 2044 125712791235122312601242125412712064 20661222 12732014 2048 2021126112351222 13002025123912751266126712932020125912801271 206712331245 13012017 12451295122512461226124512392066 129012622030 12351265123412492072 126412551277127112592022 2088 2071 123112251267126612601262127220531330 12671257126120271231 1256126512782079 2084 2020 2021 200012352070 124613332028 20261220 2075 2010 131712442060 2057124212241251 125520691270 2064 1292127412831296126012532071 2022 203112791247 2056 199912561251 2026 132512772058 2077 1291123112821265203113001243 1241128712622015 20631322 2049 2080B 2068B 1244½2080A13112083 1325132112652028 1317124412462043 2052 20401268 2035 2067 131020761283 123012762039124512321237 1995 2044 2048 1331199612341286 13091232206512751250 20771253 2021 1997125512472063 134512382025 13372 0 1 7 2087 1241127313102081 13411250122320491228205012711235126612631267125012591256 20471227 2024 2068A -Not to Scale--Not a Survey-Rev. 2/12/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Multi Family Residential Single Family Residential Dunedin Woodland S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Existing 2 of 2.docx EXISTING SURROUNDING USES MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P 33303060 60 6060606060 80 6660 606060608060 3860 60 60 60 58 63 97 40404040 333050333060 63 6060 45 45 60 30 2809828674 499868397087912 O F G G 1 2 3 4 3 4 5 6 7 8 9 12 13 14 15 16 17 1 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 7 8 9 16 17 18 10 11 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 192021222324 25262728 1234 789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 1213 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 37 22 60 60503360 60 2885419 123 4 56 78910 34 7 8 10 11 12 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 1 1 1 1 1 1 1 1 1 SUNSET POINT RD N BETTY LNSTATE ST DOUGLAS AVE SEDEEVA CIR N CHENANGO AVE COLES RD SEDEEVA CIR S MACOMBER AVE BERTLAND WAY ALOHA LN SHERIDAN RD 1998 118613011199188918741876187818801882188418861888189012241950 1294129012861282127812741967 125112801974 192812261949 11781875 1932 1209127611851925 11841954 1946 1994 1926 1329128512781930 12221914 194211891287 121912321980 1969 13021942 1927 1917 1952 13271943 1878 129012761229124812311200126012551256126719161203 19471222 1182196312641234 12311874 1936 192011901928 1201192412371204 1913 1272191012151230 1940 192311891978 1958 19031180 1908 1969 12001987 1901 12251940 12111962 120612071279128712091223127412561212123712341881 1944 1874 121211901940 1979 1918 1881 122712661915 1926 1218193111841925 19331274 118019091211 1918 127512701201125112241960 13001871 1224123319011244 1288191611851221 1887 1880 124612841936 193312361206 1927 1961 1938 12231239 19131240 19711225 1932 1934 1261 1952 121312581870 1936 1895 1904 1944 19811271 123312081877 1938 1920 1929 1964 12151938 1918 13041876 126819431205 1936 1930 1181B1181A1941 12991885 1818871903 1973 1216120418501209 1919 1251 1249 1923 12041935 1205128112121921 19371212 1919 1245 1995 12951996 19371217 128312061921 121012161917 11861203120112301869 12771188122012021927 1865 1273118112951915 1901 1910 1992 1214122612131217120612731257 1289-Not to Scale--Not a Survey-Rev. 2/12/2016 Single Family Residential Single Family Residential Place of Worship Woodland UtilitiesRetail Single Family Residential Retail Single Family Residential Water Retail Single Family Residential View looking north at the subject property, 1216 Aloha Lane Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02001 Walter F. Mott 1216 Aloha Lane View looking easterly along Aloha Lane View looking westerly along Aloha Lane View looking north at the subject property, 1310 Idlewild Drive Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02001 Eric Fiske 1310 Idlewild Drive View looking easterly along Idlewild Drive View looking westerly along Idlewild Drive View looking east at the subject property, 1915 Macomber Avenue Across the street, west of the subject property North of the subject property South of the subject property ATA2016-02001 Nicholas J. Stewart 1915 MacomberAvenue View looking northerly along Macomber Avenue View looking southerly along Macomber Avenue View looking east at the subject property, 2047 Poinsetta Avenue Across the street, west of the subject property North of the subject property South of the subject property ATA2016-02001 Shirley J. & Jerry A. Watson 2047 PoinsettaAvenue View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue View looking east at the subject property, 2049 Poinsetta Avenue Across the street, west of the subject property North of the subject property South of the subject property ATA2016-02001 Emil Baltic & Angela Mitchell 2049 PoinsettaAvenue View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue View looking south at the subject property, 1273 Sedeeva Circle N Across the street, north of the subject property East of the subject property West of the subject property ATA2016-02001 Patrick B. Voyles 1273 Sedeeva Circle N View looking easterly along Sedeeva Circle N View looking westerly along Sedeeva Circle N View looking south at the subject property, 1209 Sheridan Road Across the street, north of the subject property East of the subject property West of the subject property ATA2016-02001 Maria D. & Terrance Alex Gomes 1209 Sheridan Road View looking easterly along Sheridan Road View looking westerly along Sheridan Road View looking north at the subject property, 1212 Sheridan Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02001 James Clarence Miles, II 1212 Sheridan Road View looking easterly along Sheridan Road View looking westerly along Sheridan Road View looking south at the subject property, 1227 Union Street Across the street, north of the subject property East of the subject property West of the subject property ATA2016-02001 Frantz G. Paultre 1227 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: 8848-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 8848-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU) and Preservation (P). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8848-16 ORDINANCE NO. 8848-16 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 SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1216 ALOHA LANE, 1310 IDLEWILD DRIVE, 1915 MACOMBER AVENUE, 2047 AND 2049 POINSETTA AVENUE, 1273 SEDEEVA CIRCLE NORTH, 1209 AND 1212 SHERIDAN ROAD AND 1227 UNION STREET, ALL WITHIN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU) AND PRESERVATION (P); 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 categories 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 Urban (RU); Preservation (P) (ATA2016-02001) The maps attached as Exhibit B and C are hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8847-16. Ordinance No. 8848-16 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 ATA2016‐02001 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-001-0110 Lot 11, Block 1 1209 Sheridan Road 2. 03-29-15-87912-002-0040 Lot 4, Block 2 1212 Sheridan Road 3. 03-29-15-87912-003-0050 Lot 5, Block 3 1216 Aloha Lane The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 4. 03-29-15-15840-001-0130 Lot 13, Block A 1227 Union Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida; No. Parcel ID Legal Description Address 5. 03-29-15-28098-000-0400 Lot 40 1273 Sedeeva Circle North The above in FLORADEL subdivision, as recorded in PLAT BOOK 15, PAGE 7, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 6. 03-29-15-12060-006-0160 Lot 16, Block F 1310 Idlewild Drive 7. 03-29-15-12060-007-0060 Lot 6 & South 10ft of Lot 5, Block G 2047 Poinsetta Avenue 8. 03-29-15-12060-007-0050 North 40ft Lot 5, South 20ft Lot 4, Block G 2049 Poinsetta Avenue The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 9. 03-29-15-83970-000-0030 North 50ft of Lots 3 and 4 1915 Macomber Avenue The above in BINGHAMPTON subdivision, as recorded in PLAT BOOK 12, PAGE 18, of the Public Records of Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP (1 OF 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P LAKE 60 60 606060 6060606060 60 60606087.7 45 404040 87.7 16532 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 15 2324 (25) 1 2 3 4 10 11 12 13 6 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 14 15 16 17 12345678910111213789101112 123 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 15 7 8 9 10 11 1 1 2 3 4 5 6 7 8 9 10 11 7475 76 106 107 108 109 110 111 3 1 1 1 1 UNION ST WOODLAWN TER N BETTY LN PALM ST BERMUDA ST POINSETTA AVE ARBELIA ST THE MALL PINECREST WAY R RU RU RU RU RU RU RU RM RU RU RU RU RU RM RU RM RU RM RU P RU RM RU RURU RU RU RM RU RM RU RLM RM RU RU RU RU 199813112081 13251321129112631265128412451234128312521994 13172044 125712791235122312601242125412712064 2066 127320141261123512221300 20251239127512661267204012932020125912801271 206712331245 20351283 13012017 1245129512451237122512462044 12262048 1331124512392066 1290130912622030 12351265123412492072 1264125512771271127512592022 2088 2071 12311225126712531266126012621272205313301255 12671257126120271231 12561265124712782084 2020 200012352070 124613332087 20281241 20261220 2075 2010 12442060 205712731242 134112241251125520691270 2064 1292127412831296126012532071 20221279 20501271 124712352056 199912561251 20261263 1325126712772058 1291123112821265125920311243 1241128712622015 206313222080B 2068B 1244½2080A 2073 2083 202812441246 20431222 2048 2052 20211268 2067 13102076 1230127620391232 1995 199612341286123220651250 2077 2021 1997 2079 2021 2063 134512382025 13372 0 1 7 131713102081 125012232049 203112281266125020771256130020471227 2024 2049 2068A -Not to Scale--Not a Survey-Rev. 2/17/2016 Exhibit C FUTURE LAND USE MAP (2 OF 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P 33303060 60 6060606060 80 6660 606060608060 3860 60 60 60 58 63 97 40404040 333050333060 63 6060 45 45 60 30 2809828674 499868397087912 O F G G 1 2 3 4 3 4 5 6 7 8 9 12 13 14 15 16 17 1 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 7 8 9 16 17 18 10 11 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 192021222324 25262728 1234 789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 1213 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 37 22 60 60503360 60 2885419 123 4 56 78910 34 7 8 10 11 12 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 1 1 1 1 1 1 1 1 1 SUNSET POINT RD N BETTY LNSTATE ST ALOHA LN SHERIDAN RD COLES RDSEDEEVA CIR N CHENANGO AVE SEDEEVA CIR S MACOMBER AVE BERTLAND WAY RU I RU RU RU RU I RU RU RURU P RU RU RU RU RU R/OS RU RU CG RU P RU P RU RU RM CG RU P RU P RM 1998 118613011199188918741876187818801882188418861888189012241950 1294129012861282127812741967 12801974 1928122612041949 1932 1209127611851925 11841954 1946 1994 1926 13291285127812041930 12221914 194211891287 121912321969 13021942 1917 1952 13271943 1878 129012761229124812311200126012551256191612031222 1963 12121264123412311874 1936 192011901928 1201192412371204 1913 1272191012151230 1940 192311891978 1958 19031180 190812001901 12251940 1962 12061207127912871209122312741212123712341881 1944 1874 12121940 1979 1227123012661915 19261220 12181202193111841925 19331274 19091211 12751270125112241960 13001871 1224123319011244 1288191611851221 1887 1880 124612841936 19331236 1927 1910 1961 1938 12231239 191312401214 1971 122612251932 1934 1261 1952 1213121312581870 1936 1904 1944 1981 123312081938 121712061929 1964 12151938 1918 13041876 126819431205 1936 1930 1181B1181A1941 12991885 1818871903 1973 121612511850117812091875 1919 1251 1249 1923 1980 1927 1935 1205128112121921 1937 12671947 11821919 1245 1995 12951996 193712171969 1987 1211128312061921 1210125612161917 11861190120312011918 1881 1869 127711881927 11801865 1918127312011181 12951915 1901 12061992 1895 12711877 1920 12731257 1289-Not to Scale--Not a Survey-Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Location.docx LOCATION MAP Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P UNION ST KINGS HWY N BETTY LN DOUGLAS AVE SUNSET POINT RD N HIGHLAND AVE OVERBROOK AVE IDLEWILD DR PALM ST OTTEN ST JOEL LN B Y R A M D R SANDY LN STATE ST MARY L RD BROADWAY PINELAND DR TERRACE RD BERMUDA ST SPRINGTIME AVE SEDEEVA CIR N SYLVAN DR RIDGELANE RD ARBELIA ST FLORA RD WILSON RD PLATEAU RD SYLVAN DRALPINE RD CHENANGO AVE WESTON DR IVA ST SPRING LN THAMES LN MARINE ST N WASHINGTON AVE ER I N L N PINELAND DRJADE AVE GRANADA ST SEDEEVA CIR S F U L L E R D R BENTLEY ST PORT WAY STRATHMILL DR SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/12/2016 ^ ^ ^ ^ ^ S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Aerial 1 of 2.docx AERIAL PHOTOGRAPH (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P IDLEWILD DR IDLEWILD DR N BETTY LN N BETTY LN PALM ST PALM ST WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE THE MALL THE MALL BERMUDA ST BERMUDA ST ARBELIA ST ARBELIA ST PINECREST WAY PINECREST WAY UNION ST UNION ST S H O R E D R S H O R E D R -Not to Scale--Not a Survey-Rev. 2/12/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Aerial 2 of 2.docx AERIAL PHOTOGRAPH (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P N BETTY LN N BETTY LN DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD SEDEEVA CIR NSEDEEVA CIR N STATE ST STATE ST CHENANGO AVE CHENANGO AVE COLES RD COLES RD SEDEEVA CIR SSEDEEVA CIR S MACOMBER AVE MACOMBER AVE SYLVAN DRSYLVAN DRBERTLAND WAY BERTLAND WAY PINELAND DRPINELAND DRALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD F U L L E R D R F U L L E R D R -Not to Scale--Not a Survey-Rev. 2/12/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Existing 1 of 2.docx EXISTING SURROUNDING USES MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P LAKE 60 60 606060 6060606060 60 60606087.7 45 404040 87.7 16532 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 15 2324 (25) 1 2 3 4 10 11 12 13 6 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 14 15 16 17 12345678910111213789101112 123 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 15 7 8 9 10 11 1 1 2 3 4 5 6 7 8 9 10 11 7475 76 106 107 108 109 110 111 3 1 1 1 1 UNION ST WOODLAWN TER N BETTY LN IDLEWILD DR PALM ST BERMUDA ST POINSETTA AVE ARBELIA ST THE MALL PINECREST WAY R 1998 2073 2081 12911263128412451234128312521994 2044 125712791235122312601242125412712064 20661222 12732014 2048 2021126112351222 13002025123912751266126712932020125912801271 206712331245 13012017 12451295122512461226124512392066 129012622030 12351265123412492072 126412551277127112592022 2088 2071 123112251267126612601262127220531330 12671257126120271231 1256126512782079 2084 2020 2021 200012352070 124613332028 20261220 2075 2010 131712442060 2057124212241251 125520691270 2064 1292127412831296126012532071 2022 203112791247 2056 199912561251 2026 132512772058 2077 1291123112821265203113001243 1241128712622015 20631322 2049 2080B 2068B 1244½2080A13112083 1325132112652028 1317124412462043 2052 20401268 2035 2067 131020761283 123012762039124512321237 1995 2044 2048 1331199612341286 13091232206512751250 20771253 2021 1997125512472063 134512382025 13372 0 1 7 2087 1241127313102081 13411250122320491228205012711235126612631267125012591256 20471227 2024 2068A -Not to Scale--Not a Survey-Rev. 2/12/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Multi Family Residential Single Family Residential Dunedin Woodland S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Existing 2 of 2.docx EXISTING SURROUNDING USES MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P 33303060 60 6060606060 80 6660 606060608060 3860 60 60 60 58 63 97 40404040 333050333060 63 6060 45 45 60 30 2809828674 499868397087912 O F G G 1 2 3 4 3 4 5 6 7 8 9 12 13 14 15 16 17 1 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 7 8 9 16 17 18 10 11 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 192021222324 25262728 1234 789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 1213 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 37 22 60 60503360 60 2885419 123 4 56 78910 34 7 8 10 11 12 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 1 1 1 1 1 1 1 1 1 SUNSET POINT RD N BETTY LNSTATE ST DOUGLAS AVE SEDEEVA CIR N CHENANGO AVE COLES RD SEDEEVA CIR S MACOMBER AVE BERTLAND WAY ALOHA LN SHERIDAN RD 1998 118613011199188918741876187818801882188418861888189012241950 1294129012861282127812741967 125112801974 192812261949 11781875 1932 1209127611851925 11841954 1946 1994 1926 1329128512781930 12221914 194211891287 121912321980 1969 13021942 1927 1917 1952 13271943 1878 129012761229124812311200126012551256126719161203 19471222 1182196312641234 12311874 1936 192011901928 1201192412371204 1913 1272191012151230 1940 192311891978 1958 19031180 1908 1969 12001987 1901 12251940 12111962 120612071279128712091223127412561212123712341881 1944 1874 121211901940 1979 1918 1881 122712661915 1926 1218193111841925 19331274 118019091211 1918 127512701201125112241960 13001871 1224123319011244 1288191611851221 1887 1880 124612841936 193312361206 1927 1961 1938 12231239 19131240 19711225 1932 1934 1261 1952 121312581870 1936 1895 1904 1944 19811271 123312081877 1938 1920 1929 1964 12151938 1918 13041876 126819431205 1936 1930 1181B1181A1941 12991885 1818871903 1973 1216120418501209 1919 1251 1249 1923 12041935 1205128112121921 19371212 1919 1245 1995 12951996 19371217 128312061921 121012161917 11861203120112301869 12771188122012021927 1865 1273118112951915 1901 1910 1992 1214122612131217120612731257 1289-Not to Scale--Not a Survey-Rev. 2/12/2016 Single Family Residential Single Family Residential Place of Worship Woodland UtilitiesRetail Single Family Residential Retail Single Family Residential Water Retail Single Family Residential View looking north at the subject property, 1216 Aloha Lane Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02001 Walter F. Mott 1216 Aloha Lane View looking easterly along Aloha Lane View looking westerly along Aloha Lane View looking north at the subject property, 1310 Idlewild Drive Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02001 Eric Fiske 1310 Idlewild Drive View looking easterly along Idlewild Drive View looking westerly along Idlewild Drive View looking east at the subject property, 1915 Macomber Avenue Across the street, west of the subject property North of the subject property South of the subject property ATA2016-02001 Nicholas J. Stewart 1915 MacomberAvenue View looking northerly along Macomber Avenue View looking southerly along Macomber Avenue View looking east at the subject property, 2047 Poinsetta Avenue Across the street, west of the subject property North of the subject property South of the subject property ATA2016-02001 Shirley J. & Jerry A. Watson 2047 PoinsettaAvenue View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue View looking east at the subject property, 2049 Poinsetta Avenue Across the street, west of the subject property North of the subject property South of the subject property ATA2016-02001 Emil Baltic & Angela Mitchell 2049 PoinsettaAvenue View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue View looking south at the subject property, 1273 Sedeeva Circle N Across the street, north of the subject property East of the subject property West of the subject property ATA2016-02001 Patrick B. Voyles 1273 Sedeeva Circle N View looking easterly along Sedeeva Circle N View looking westerly along Sedeeva Circle N View looking south at the subject property, 1209 Sheridan Road Across the street, north of the subject property East of the subject property West of the subject property ATA2016-02001 Maria D. & Terrance Alex Gomes 1209 Sheridan Road View looking easterly along Sheridan Road View looking westerly along Sheridan Road View looking north at the subject property, 1212 Sheridan Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02001 James Clarence Miles, II 1212 Sheridan Road View looking easterly along Sheridan Road View looking westerly along Sheridan Road View looking south at the subject property, 1227 Union Street Across the street, north of the subject property East of the subject property West of the subject property ATA2016-02001 Frantz G. Paultre 1227 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: 8849-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Adopt Ordinance 8849-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street, all within Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8849-16 ORDINANCE NO. 8849 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 1216 ALOHA LANE, 1310 IDLEWILD DRIVE, 1915 MACOMBER AVENUE, 2047 AND 2049 POINSETTA AVENUE, 1273 SEDEEVA CIRCLE NORTH, 1209 AND 1212 SHERIDAN ROAD AND 1227 UNION STREET, ALL WITHIN CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of zoning district classifications 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 maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8847-16. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR); Preservation (P) (ATA2016-02001) Ordinance No. 8849-16 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 ATA2016‐02001 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-001-0110 Lot 11, Block 1 1209 Sheridan Road 2. 03-29-15-87912-002-0040 Lot 4, Block 2 1212 Sheridan Road 3. 03-29-15-87912-003-0050 Lot 5, Block 3 1216 Aloha Lane The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 4. 03-29-15-15840-001-0130 Lot 13, Block A 1227 Union Street The above in CLEARDUN subdivision, as recorded in PLAT BOOK 13, PAGE 47, of the Public Records of Pinellas County, Florida; No. Parcel ID Legal Description Address 5. 03-29-15-28098-000-0400 Lot 40 1273 Sedeeva Circle North The above in FLORADEL subdivision, as recorded in PLAT BOOK 15, PAGE 7, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 6. 03-29-15-12060-006-0160 Lot 16, Block F 1310 Idlewild Drive 7. 03-29-15-12060-007-0060 Lot 6 & South 10ft of Lot 5, Block G 2047 Poinsetta Avenue 8. 03-29-15-12060-007-0050 North 40ft Lot 5, South 20ft Lot 4, Block G 2049 Poinsetta Avenue The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 9. 03-29-15-83970-000-0030 North 50ft of Lots 3 and 4 1915 Macomber Avenue The above in BINGHAMPTON subdivision, as recorded in PLAT BOOK 12, PAGE 18, of the Public Records of Pinellas County, Florida. Exhibit B ZONING MAP (1 OF 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P LAKE 60 60 606060 6060606060 60 60606087.7 45 404040 87.7 16532 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 15 2324 (25) 1 2 3 4 10 11 12 13 6 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 14 15 16 17 12345678910111213789101112 123 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 15 7 8 9 10 11 1 1 2 3 4 5 6 7 8 9 10 11 7475 76 106 107 108 109 110 111 3 1 1 1 1 UNION ST WOODLAWN TER N BETTY LN PALM ST BERMUDA ST POINSETTA AVE ARBELIA ST THE MALL PINECREST WAY R LMDR MDR 199813112073 2081 13251321129112631265128412451234128312521994 13172044 125712791235122312601242125412712043 2064 20661222 12732014 2048 2021126112351222 130020251239127512661267204012932020125912801271 206712331245 20351283 13012017 1245129512451237122512462044 12262048 1331124512392066 1290130912622030 12351265123412492072 1264125512771271127512592022 2088 2071 123112251267125312661260126212721330125512671257126120271231 12561265124712782079 2084 2020 2021 200012352070 1337124613332087 20281241 20261220 2075 2010 13171244206012731242 2081 134112241251125520691270 2064 1292127412831296126012532071 2022 203112792050127112471235 2056 199912561251 20261263 1325126712772058 2077 1291123112821265125920311243 1241128712622015 20631322 2049 2080B 2068B 1244½2080A LMDR 2083 202812441246 205212682067 13102076 1230127620391232 1995 199612341286123220651250 2077 2021 1997 2053 2063 134512382025 2 0 17 2057 13101250122320491228126612501256 130020471227 2024 2068A -Not to Scale--Not a Survey-Rev. 2/17/2016 Exhibit C ZONING MAP (2 OF 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P 33303060 60 6060606060 80 6660 606060608060 3860 60 60 60 58 63 97 40404040 333050333060 63 6060 45 45 60 30 2809828674 499868397087912 O F G G 1 2 3 4 3 4 5 6 7 8 9 12 13 14 15 16 17 1 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 7 8 9 16 17 18 10 11 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 192021222324 25262728 1234 789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 1213 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 37 22 60 60503360 60 2885419 123 4 56 78910 34 7 8 10 11 12 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 1 1 1 1 1 1 1 1 1 SUNSET POINT RD N BETTY LNSTATE ST COLES RDSHERIDAN RD ALOHA LN SEDEEVA CIR N CHENANGO AVE SEDEEVA CIR S MACOMBER AVE BERTLAND WAY I LMDR LMDR MDR I MDR MDR OS/R C 1998 188918741876187818801882188418861888189012241903 1950 1294129012861282127812741967 12801974 1928122612041949 11781875 1932 1209127611851925 11841954 1946 1994 1926 13291285127812041930 12221914 194211891287 121912321980 13021942 1927 1917 1952 1943 1878 129012761229124812311200126012551256126719161203 1947 11821963 12121264123412311874 1936 1920 1928 1201192412371204 1913 1272191012151230 1940 192311891978 1958 1908 1969 12001987 1901 12251940 12111962 120612071279128712091223127412561212123712341881 1944 18741190 1940 12031979 1918 1881 1227123012661915 19261220 1218120219311925 19331274 118019091211 1918 127512701201125112241960 13001224123319011244 1288191611851221 1880 124612841901 1936 193312361206 1927 1910 1961 1938 12231239 191312401214 1971 122612251932 1934 1261 1952 1213121312581870 1936 1895 1904 1944 1981 123312081877 1938 12171920 12061929 1964 12151938 1918 13041876 126819431205 1936 1930 LMDR LMDR LMDR LMDR LMDR LMDR LMDR MD MD 19411186 1301129911991885 1818871973 1216125118501209 1919 1251 1249 1923 1969 1935 12051327128112121921 19371222 1919 1245 1995 12951996 119019371217 19031180 128312061921 121012161917 1186121212011869 1277118811841927 1865 127311811871 12951887 1915 1992 127112731257 12891181B1181A-Not to Scale--Not a Survey-Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Location.docx LOCATION MAP Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P UNION ST KINGS HWY N BETTY LN DOUGLAS AVE SUNSET POINT RD N HIGHLAND AVE OVERBROOK AVE IDLEWILD DR PALM ST OTTEN ST JOEL LN B Y R A M D R SANDY LN STATE ST MARY L RD BROADWAY PINELAND DR TERRACE RD BERMUDA ST SPRINGTIME AVE SEDEEVA CIR N SYLVAN DR RIDGELANE RD ARBELIA ST FLORA RD WILSON RD PLATEAU RD SYLVAN DRALPINE RD CHENANGO AVE WESTON DR IVA ST SPRING LN THAMES LN MARINE ST N WASHINGTON AVE ER I N L N PINELAND DRJADE AVE GRANADA ST SEDEEVA CIR S F U L L E R D R BENTLEY ST PORT WAY STRATHMILL DR SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/12/2016 ^ ^ ^ ^ ^ S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Aerial 1 of 2.docx AERIAL PHOTOGRAPH (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P IDLEWILD DR IDLEWILD DR N BETTY LN N BETTY LN PALM ST PALM ST WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE THE MALL THE MALL BERMUDA ST BERMUDA ST ARBELIA ST ARBELIA ST PINECREST WAY PINECREST WAY UNION ST UNION ST S H O R E D R S H O R E D R -Not to Scale--Not a Survey-Rev. 2/12/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Aerial 2 of 2.docx AERIAL PHOTOGRAPH (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P N BETTY LN N BETTY LN DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD SEDEEVA CIR NSEDEEVA CIR N STATE ST STATE ST CHENANGO AVE CHENANGO AVE COLES RD COLES RD SEDEEVA CIR SSEDEEVA CIR S MACOMBER AVE MACOMBER AVE SYLVAN DRSYLVAN DRBERTLAND WAY BERTLAND WAY PINELAND DRPINELAND DRALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD F U L L E R D R F U L L E R D R -Not to Scale--Not a Survey-Rev. 2/12/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Existing 1 of 2.docx EXISTING SURROUNDING USES MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P LAKE 60 60 606060 6060606060 60 60606087.7 45 404040 87.7 16532 12060 15840 46998 80388 ABC F G H K L M A B C A B C E TRACT "B" 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 15 2324 (25) 1 2 3 4 10 11 12 13 6 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 12 13 14 15 16 17 18 19 20 21 22 2324252627282930313233 8 9 10 11 12 13 14 15 16 17 12345678910111213789101112 123 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21222324 25 26 27 28 29 30 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 2122 23 24 25 26 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 60 63 30 36 50 J 15 7 8 9 10 11 1 1 2 3 4 5 6 7 8 9 10 11 7475 76 106 107 108 109 110 111 3 1 1 1 1 UNION ST WOODLAWN TER N BETTY LN IDLEWILD DR PALM ST BERMUDA ST POINSETTA AVE ARBELIA ST THE MALL PINECREST WAY R 1998 2073 2081 12911263128412451234128312521994 2044 125712791235122312601242125412712064 20661222 12732014 2048 2021126112351222 13002025123912751266126712932020125912801271 206712331245 13012017 12451295122512461226124512392066 129012622030 12351265123412492072 126412551277127112592022 2088 2071 123112251267126612601262127220531330 12671257126120271231 1256126512782079 2084 2020 2021 200012352070 124613332028 20261220 2075 2010 131712442060 2057124212241251 125520691270 2064 1292127412831296126012532071 2022 203112791247 2056 199912561251 2026 132512772058 2077 1291123112821265203113001243 1241128712622015 20631322 2049 2080B 2068B 1244½2080A13112083 1325132112652028 1317124412462043 2052 20401268 2035 2067 131020761283 123012762039124512321237 1995 2044 2048 1331199612341286 13091232206512751250 20771253 2021 1997125512472063 134512382025 13372 0 1 7 2087 1241127313102081 13411250122320491228205012711235126612631267125012591256 20471227 2024 2068A -Not to Scale--Not a Survey-Rev. 2/12/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Multi Family Residential Single Family Residential Dunedin Woodland S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5A - ATA2016-02001\Maps\ATA2016- 02001 Existing 2 of 2.docx EXISTING SURROUNDING USES MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02001 Site: Idlewild Septic-to-Sewer Project Area: Nine properties generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (CR-576), and west of Kings Highway Property Size(Acres): ROW (Acres): 1.289 2.345 Land Use Zoning PIN: Parcels – See Exhibit A From : RU, P R-4 Atlas Page: 251B To: RU, P LMDR, P 33303060 60 6060606060 80 6660 606060608060 3860 60 60 60 58 63 97 40404040 333050333060 63 6060 45 45 60 30 2809828674 499868397087912 O F G G 1 2 3 4 3 4 5 6 7 8 9 12 13 14 15 16 17 1 12345678910111213 14 15 16 17 18 19 20 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 8 9 7 8 9 16 17 18 10 11 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 192021222324 25262728 1234 789 10 11 12 13 14 12 1 2 3 4 5 6 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 3031 3233 3435 3637 3839 4041 4243 4445 4647 48 49 50 51 52 53 54 55 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 1213 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 37 22 60 60503360 60 2885419 123 4 56 78910 34 7 8 10 11 12 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 1 1 1 1 1 1 1 1 1 SUNSET POINT RD N BETTY LNSTATE ST DOUGLAS AVE SEDEEVA CIR N CHENANGO AVE COLES RD SEDEEVA CIR S MACOMBER AVE BERTLAND WAY ALOHA LN SHERIDAN RD 1998 118613011199188918741876187818801882188418861888189012241950 1294129012861282127812741967 125112801974 192812261949 11781875 1932 1209127611851925 11841954 1946 1994 1926 1329128512781930 12221914 194211891287 121912321980 1969 13021942 1927 1917 1952 13271943 1878 129012761229124812311200126012551256126719161203 19471222 1182196312641234 12311874 1936 192011901928 1201192412371204 1913 1272191012151230 1940 192311891978 1958 19031180 1908 1969 12001987 1901 12251940 12111962 120612071279128712091223127412561212123712341881 1944 1874 121211901940 1979 1918 1881 122712661915 1926 1218193111841925 19331274 118019091211 1918 127512701201125112241960 13001871 1224123319011244 1288191611851221 1887 1880 124612841936 193312361206 1927 1961 1938 12231239 19131240 19711225 1932 1934 1261 1952 121312581870 1936 1895 1904 1944 19811271 123312081877 1938 1920 1929 1964 12151938 1918 13041876 126819431205 1936 1930 1181B1181A1941 12991885 1818871903 1973 1216120418501209 1919 1251 1249 1923 12041935 1205128112121921 19371212 1919 1245 1995 12951996 19371217 128312061921 121012161917 11861203120112301869 12771188122012021927 1865 1273118112951915 1901 1910 1992 1214122612131217120612731257 1289-Not to Scale--Not a Survey-Rev. 2/12/2016 Single Family Residential Single Family Residential Place of Worship Woodland UtilitiesRetail Single Family Residential Retail Single Family Residential Water Retail Single Family Residential View looking north at the subject property, 1216 Aloha Lane Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02001 Walter F. Mott 1216 Aloha Lane View looking easterly along Aloha Lane View looking westerly along Aloha Lane View looking north at the subject property, 1310 Idlewild Drive Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02001 Eric Fiske 1310 Idlewild Drive View looking easterly along Idlewild Drive View looking westerly along Idlewild Drive View looking east at the subject property, 1915 Macomber Avenue Across the street, west of the subject property North of the subject property South of the subject property ATA2016-02001 Nicholas J. Stewart 1915 MacomberAvenue View looking northerly along Macomber Avenue View looking southerly along Macomber Avenue View looking east at the subject property, 2047 Poinsetta Avenue Across the street, west of the subject property North of the subject property South of the subject property ATA2016-02001 Shirley J. & Jerry A. Watson 2047 PoinsettaAvenue View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue View looking east at the subject property, 2049 Poinsetta Avenue Across the street, west of the subject property North of the subject property South of the subject property ATA2016-02001 Emil Baltic & Angela Mitchell 2049 PoinsettaAvenue View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue View looking south at the subject property, 1273 Sedeeva Circle N Across the street, north of the subject property East of the subject property West of the subject property ATA2016-02001 Patrick B. Voyles 1273 Sedeeva Circle N View looking easterly along Sedeeva Circle N View looking westerly along Sedeeva Circle N View looking south at the subject property, 1209 Sheridan Road Across the street, north of the subject property East of the subject property West of the subject property ATA2016-02001 Maria D. & Terrance Alex Gomes 1209 Sheridan Road View looking easterly along Sheridan Road View looking westerly along Sheridan Road View looking north at the subject property, 1212 Sheridan Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02001 James Clarence Miles, II 1212 Sheridan Road View looking easterly along Sheridan Road View looking westerly along Sheridan Road View looking south at the subject property, 1227 Union Street Across the street, north of the subject property East of the subject property West of the subject property ATA2016-02001 Frantz G. Paultre 1227 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: 8850-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Adopt Ordinance 8850-16 on second reading, annexing certain real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, together with certain rights-of-way of Sunset Point Road and Douglas Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8850-16 ORDINANCE NO. 8850-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 2040 POINSETTA AVENUE, 1208 AND 1210 SUNSET POINT ROAD, ALL WITHIN CLEARWATER, FLORIDA 33755, TOGETHER WITH CERTAIN RIGHTS-OF- WAY OF SUNSET POINT ROAD AND DOUGLAS AVENUE, 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 maps attached hereto as Exhibits B and C 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 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 (ATA2016-02002) The maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8850-16 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 A TA2016-02002 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-001-0040 Lot 4, Block 1 1208 Sunset Point Road 2. 03-29-15-87912-001-0050 Lots 5 and 6, Block 1 1210 Sunset Point Road The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. Together with all Right-of-Way abutting Sunset Point Road, Lot 1, and Lots 3 through 6, Block 1, Sunset Knoll subdivision, Together with the east 30 feet of Right-of-Way of Douglas Avenue abutting Lot 1, Block 1, Sunset Knoll subdivision, south approximately 290 feet to southwest corner of Lot 7, Block A, Harbor Vista subdivision, as recorded in PLAT BOOK 18, PAGE 41, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 3. 03-29-15-12060-006-0150 Lot 15, Block F 2040 Poinsetta Avenue The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. Exhibit B PROPOSED ANNEXATION (1of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60606060606060 87.7 87.7 12060 ABC F G H 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 9 1 2 3 9 10 11 1 2 3 2222324 4 5 6 7 8 9 16 17 18 19 20 21 28 29 30 23 24 1 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1630 36 1 UNION ST THE MALL N BETTY LN IDLEWILD DR POINSETTA AVE LANTANA AVE ARBELIA ST PALM ST 13112073 2081 132513211291131720441279 2043 2064 2066 20481293 2067 20351283 13012080 2044 2048 13312066 129013092030 20721275 2088 2071 2053133012782079 2084 2000 13452070 133713332087 2028 2075 13172060 2057 2081 13412069 2064 129212832049 2071 203112792050 2056 2026 13252058 2077 128220311300 2047 20631322 2049 2080B 2068B 2080A BERMUDA ST 2083 2 20 2052 2040 2067 2076 2039 2065 2077 2063 1310134922068A-Not to Scale--Not a Survey-Rev. 2/17/2016 Exhibit C PROPOSED ANNEXATION (2 OF 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN SHERIDAN RD SPRINGTIME AVE SYLVAN DRPINELAND DRSPRINGTIME AVE 1903 121612511204185011781866118418721204193012191942 1917 1927 12051943 1878 1231121212031870 1933 118212121878 123118741172 1913 1910 11671863 12001901 12251929 12061882 121612341881 11861874 1941 120312011881 122712301869 1943 1869 1915122012181202 11801865 19091211191512011224 1871 1880 12461933 1910 1223121412261934 121312131870 1936 1895 1904 1877 121712151938 187611991885 30 12091875 12096 0 1860 10 120142 12118 12106 2 28 2 122411701887 1901 1856 120812061181B1181A-Not to Scale--Not a Survey-Rev. 2/18/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Location.docx LOCATION MAP Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST KINGS HWY N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR WOODLAWN TER PALM ST STATE ST BROADWAY OVERBROOK AVE BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST THE MALL SYLVAN DRALPINE RD CHENANGO AVE IVA ST SEDEEVA ST VISTA WAY PINELAND DRCOLES RD ALOHA LN N EVERGREEN AVE BARBARA AVE FULLER DR MACOMBER AVE SPRINGTIME AVE BYRAM DR PORT WAY SPRING LN PLAZA DOLORESSTARBOARD WAY PINECREST WAY SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/17/2016 ^ PROJECT SITE ^ PROJECT SITES S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Aerial 1 of 2.docx AERIAL PHOTOGRAPH (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST UNION ST THE MALL THE MALL N BETTY LN N BETTY LN IDLEWILD DR IDLEWILD DR POINSETTA AVE POINSETTA AVE LANTANA AVE LANTANA AVE ARBEL IA ST ARBELIA ST PALM ST PALM ST BERMUDA ST BERMUDA ST -Not to Scale--Not a Survey-Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Aerial 2 of 2.docx AERIAL PHOTOGRAPH (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD COLES RD COLES RD ALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD SYLVAN DRSYLVAN DRSPRINGTIME AVE SPRINGTIME AVE PINELAND DRPINELAND DRSPRINGTIME AVE SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Existing 1 of 2.docx EXISTING SURROUNDING USES MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60606060606060 87.7 87.7 12060 ABC F G H 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 9 1 2 3 9 10 11 1 2 3 2222324 4 5 6 7 8 9 16 17 18 19 20 21 28 29 30 23 24 1 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1630 36 1 UNION ST THE MALL N BETTY LN IDLEWILD DR POINSETTA AVE LANTANA AVE ARBELIA ST PALM ST 13112073 2081 132513211291131720441279 2043 2064 2066 20481293 2067 20351283 13012080 2044 2048 13312066 129013092030 20721275 2088 2071 2053133012782079 2084 2000 13452070 133713332087 2028 2075 13172060 2057 2081 13412069 2064 129212832049 2071 203112792050 2056 2026 13252058 2077 128220311300 2047 20631322 2049 2080B 2068B 2080A BERMUDA ST 2083 2 20 2052 2040 2067 2076 2039 2065 2077 2063 1310134922068A-Not to Scale--Not a Survey-Rev. 2/17/2016 Single Family Residential Single Family Residential Single Family Residential Multi Family Residential Single Family Residential Single Family Residential S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Existing 2 of 2.docx EXISTING SURROUNDING USES MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN SHERIDAN RD SPRINGTIME AVE SYLVAN DRPINELAND DRSPRINGTIME AVE 1903 121612511204185011781866118418721204193012191942 1917 1927 12051943 1878 1231121212031870 1933 118212121878 123118741172 1913 1910 11671863 12001901 12251929 12061882 121612341881 11861874 1941 120312011881 122712301869 1943 1869 1915122012181202 11801865 19091211191512011224 1871 1880 12461933 1910 1223121412261934 121312131870 1936 1895 1904 1877 121712151938 187611991885 30 12091875 12096 0 1860 10 120142 12118 12106 2 28 2 122411701887 1901 1856 120812061181B1181A-Not to Scale--Not a Survey-Rev. 2/18/2016Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property, 2040 Poinsetta Avenue Across the street, east of the subject property North of the subject property South of the subject property ATA2016-02002 Guillermo & Gladys Lopez 2040 PoinsettaAvenue View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue View looking north at the subject property, 1208 Sunset Point Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02002 Abdalla Salous 1208 Sunset Point Road View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road View looking north at the subject property, 1210 Sunset Point Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02002 Kenneth M. S. Gillespie 1210 Sunset Point Road View looking easterly along Sunset Point Road View looking easterly along Sunset Point Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8851-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Adopt Ordinance 8851-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8851-16 ORDINANCE NO. 8851-16 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 SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 2040 POINSETTA AVENUE, 1208 AND 1210 SUNSET POINT ROAD, ALL WITHIN 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 properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal descriptions Residential Urban (RU) (ATA2016-02002) The maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8850-16. Ordinance No. 8851-16 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 A TA2016-02002 ========================================================================================= No. Parcel ID Legal Description Address 1. 03-29-15-87912-001-0040 Lot 4, Block 1 1208 Sunset Point Road 2. 03-29-15-87912-001-0050 Lots 5 and 6, Block 1 1210 Sunset Point Road The above in SUNSET KNOLL subdivision, as recorded in PLAT BOOK 24, PAGE 26, of the Public Records of Pinellas County, Florida. No. Parcel ID Legal Description Address 3. 03-29-15-12060-006-0150 Lot 15, Block F 2040 Poinsetta Avenue The above in BROOKLAWN subdivision, as recorded in PLAT BOOK 13, PAGE 59, of the Public Records of Pinellas County, Florida. Exhibit B FUTURE LAND USE MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60606060606060 87.7 87.7 12060 ABC F G H 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 9 1 2 3 9 10 11 1 2 3 2222324 4 5 6 7 8 9 16 17 18 19 20 21 28 29 30 23 24 1 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1630 36 1 RU RU RU RU RU RU RU RU RURU RU RM RU RU RU RM RU RU RM RU RU RU RU RM RU RMRM RU UNION ST THE MALL N BETTY LN IDLEWILD DR POINSETTA AVE LANTANA AVE ARBELIA ST PALM ST 13112073 2081 132513211291131720441279 2043 2064 2066 20481293 2067 20351283 2080 2044 2048 13312066 129013092030 20721275 2071133012782079 2084 2000 13452070 133713332087 2028 2075 2060 2057 2081 13412069 2064 129212832071 12792050 2056 2026 132520581282 1300206313222080B 2068B 2080A 2083 2 20 2052 2040 2067 2076 13012039 2065 20882077 2053 2063 1317131013492049 2031 2 2077 2031 2047 2049 2068A -Not to Scale--Not a Survey-Rev. 2/17/2016 Exhibit C FUTURE LAND USE MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 3363 97 4040404030 333063 87912 1 2 3 4 1011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 8 1 2 3 4 5 6 7 8 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3134 35 36 37 38 39 40 41 42 60 503330 60 60 5 6 7 8 10 11 12 1 2 3 4 5 6 7 8 9 10 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 1 1 1 1 RU I RU RU RU RU RU CGRU P RU RM RU P CG RU P RU RU RM DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN SHERIDAN RD SPRINGTIME AVE SYLVAN DRPINELAND DRSPRINGTIME AVE 11991204185018661209118418721204193012191942 1927 1943 1878 1231121212031870 118212121231187411721201 1913 1910 11671863 12001901 12251929 12061882 121612341881 1874 12031201122712301869 1943 1915122012181202 1909121112011224 1871 12241887 1880 12461933 1910 1223121412261934 121312131870 1936 1904121712151938 18761181B1181A1885 1903 1216125130 11781875 12091917 6 12050 1860 1933 1878 10 42 12118 12106 11861941 2 1881 1869 28 11801865 19152 11701901 1856 18951208 1877 1206-Not to Scale--Not a Survey-Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Location.docx LOCATION MAP Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST KINGS HWY N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR WOODLAWN TER PALM ST STATE ST BROADWAY OVERBROOK AVE BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST THE MALL SYLVAN DRALPINE RD CHENANGO AVE IVA ST SEDEEVA ST VISTA WAY PINELAND DRCOLES RD ALOHA LN N EVERGREEN AVE BARBARA AVE FULLER DR MACOMBER AVE SPRINGTIME AVE BYRAM DR PORT WAY SPRING LN PLAZA DOLORESSTARBOARD WAY PINECREST WAY SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/17/2016 ^ PROJECT SITE ^ PROJECT SITES S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Aerial 1 of 2.docx AERIAL PHOTOGRAPH (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST UNION ST THE MALL THE MALL N BETTY LN N BETTY LN IDLEWILD DR IDLEWILD DR POINSETTA AVE POINSETTA AVE LANTANA AVE LANTANA AVE ARBEL IA ST ARBELIA ST PALM ST PALM ST BERMUDA ST BERMUDA ST -Not to Scale--Not a Survey-Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Aerial 2 of 2.docx AERIAL PHOTOGRAPH (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD COLES RD COLES RD ALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD SYLVAN DRSYLVAN DRSPRINGTIME AVE SPRINGTIME AVE PINELAND DRPINELAND DRSPRINGTIME AVE SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Existing 1 of 2.docx EXISTING SURROUNDING USES MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60606060606060 87.7 87.7 12060 ABC F G H 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 9 1 2 3 9 10 11 1 2 3 2222324 4 5 6 7 8 9 16 17 18 19 20 21 28 29 30 23 24 1 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1630 36 1 UNION ST THE MALL N BETTY LN IDLEWILD DR POINSETTA AVE LANTANA AVE ARBELIA ST PALM ST 13112073 2081 132513211291131720441279 2043 2064 2066 20481293 2067 20351283 13012080 2044 2048 13312066 129013092030 20721275 2088 2071 2053133012782079 2084 2000 13452070 133713332087 2028 2075 13172060 2057 2081 13412069 2064 129212832049 2071 203112792050 2056 2026 13252058 2077 128220311300 2047 20631322 2049 2080B 2068B 2080A BERMUDA ST 2083 2 20 2052 2040 2067 2076 2039 2065 2077 2063 1310134922068A-Not to Scale--Not a Survey-Rev. 2/17/2016 Single Family Residential Single Family Residential Single Family Residential Multi Family Residential Single Family Residential Single Family Residential S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Existing 2 of 2.docx EXISTING SURROUNDING USES MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN SHERIDAN RD SPRINGTIME AVE SYLVAN DRPINELAND DRSPRINGTIME AVE 1903 121612511204185011781866118418721204193012191942 1917 1927 12051943 1878 1231121212031870 1933 118212121878 123118741172 1913 1910 11671863 12001901 12251929 12061882 121612341881 11861874 1941 120312011881 122712301869 1943 1869 1915122012181202 11801865 19091211191512011224 1871 1880 12461933 1910 1223121412261934 121312131870 1936 1895 1904 1877 121712151938 187611991885 30 12091875 12096 0 1860 10 120142 12118 12106 2 28 2 122411701887 1901 1856 120812061181B1181A-Not to Scale--Not a Survey-Rev. 2/18/2016Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property, 2040 Poinsetta Avenue Across the street, east of the subject property North of the subject property South of the subject property ATA2016-02002 Guillermo & Gladys Lopez 2040 PoinsettaAvenue View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue View looking north at the subject property, 1208 Sunset Point Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02002 Abdalla Salous 1208 Sunset Point Road View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road View looking north at the subject property, 1210 Sunset Point Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02002 Kenneth M. S. Gillespie 1210 Sunset Point Road View looking easterly along Sunset Point Road View looking easterly along Sunset Point Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8852-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.8 SUBJECT/RECOMMENDATION: Adopt Ordinance 8852-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road, all within Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8852-16 ORDINANCE NO. 8852 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF UNION STREET, EAST OF DOUGLAS AVENUE, NORTH OF SUNSET POINT ROAD AND WEST OF KINGS HIGHWAY, WHOSE POST OFFICE ADDRESSES ARE 2040 POINSETTA AVENUE, 1208 AND 1210 SUNSET POINT ROAD, ALL WITHIN 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 maps attached as Exhibits B and C are hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8850-16. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ATA2016-02002) Ordinance No. 8852-16 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 B ZONING MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60606060606060 87.7 87.7 12060 ABC F G H 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 9 1 2 3 9 10 11 1 2 3 2222324 4 5 6 7 8 9 16 17 18 19 20 21 28 29 30 23 24 1 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1630 36 1 UNION ST THE MALL N BETTY LN IDLEWILD DR POINSETTA AVE LANTANA AVE ARBELIA ST PALM ST LMDR MDR13112073 2081 132513211291131720441279 2043 2064 2066 20481293 2067 20351283 13012080 2044 2048 13312066 129013092030 20721275 2088 2071 2053133012782079 2084 2000 13452070 133713332087 2028 2075 13172060 2057 2081 13412069 2064 129212832049 2071 203112792050 2056 2026 13252058 2077 128220311300 20631322 2049 2080B 2068B 2080A 2083 2 20 2052 2040 2067 2076 2039 2065 2077 2063 131013492 2047 2068A -Not to Scale--Not a Survey-Rev. 2/16/2016 Exhibit C ZONING MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 3363 97 4040404030 333063 87912 1 2 3 4 1011 13 15 17 19 21 23 25 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 8 1 2 3 4 5 6 7 8 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3134 35 36 37 38 39 40 41 42 60 503330 60 60 5 6 7 8 10 11 12 1 2 3 4 5 6 7 8 9 10 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 1 1 1 1 DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN SHERIDAN RD SPRINGTIME AVE SYLVAN DRPINELAND DRSPRINGTIME AVE I MDR C LMDR LMDR LMDR MDR LMDR LMDR LMDR LMDR LMDR 11991903 1251120418501178186612091875120911841872 1930 1942 1927 12051878 1231121212031870 1933 118218781172 12011913 1910 11671863 12001901 12251929 121112061882 121612341881 1874 1941 1881 12271869 1943 19151218 11801909121112011224 12241887 1880 12461901 1933 1910 12231934 121312131870 1936 1895 1904 1877 121712151938 1181B1181A1885 121630 120412191917 6 0 1943 1860 121212311874 10 42 8 12106 118612032 120112301869 1220120228 1865 19152 18711170 1856 12141226120812061876 -Not to Scale--Not a Survey-Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Location.docx LOCATION MAP Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST KINGS HWY N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR WOODLAWN TER PALM ST STATE ST BROADWAY OVERBROOK AVE BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST THE MALL SYLVAN DRALPINE RD CHENANGO AVE IVA ST SEDEEVA ST VISTA WAY PINELAND DRCOLES RD ALOHA LN N EVERGREEN AVE BARBARA AVE FULLER DR MACOMBER AVE SPRINGTIME AVE BYRAM DR PORT WAY SPRING LN PLAZA DOLORESSTARBOARD WAY PINECREST WAY SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/17/2016 ^ PROJECT SITE ^ PROJECT SITES S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Aerial 1 of 2.docx AERIAL PHOTOGRAPH (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST UNION ST THE MALL THE MALL N BETTY LN N BETTY LN IDLEWILD DR IDLEWILD DR POINSETTA AVE POINSETTA AVE LANTANA AVE LANTANA AVE ARBEL IA ST ARBELIA ST PALM ST PALM ST BERMUDA ST BERMUDA ST -Not to Scale--Not a Survey-Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Aerial 2 of 2.docx AERIAL PHOTOGRAPH (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD COLES RD COLES RD ALOHA LN ALOHA LN SHERIDAN RD SHERIDAN RD SYLVAN DRSYLVAN DRSPRINGTIME AVE SPRINGTIME AVE PINELAND DRPINELAND DRSPRINGTIME AVE SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Existing 1 of 2.docx EXISTING SURROUNDING USES MAP (1 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR 60 60 60 60606060606060 87.7 87.7 12060 ABC F G H 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 7 8 9 1 2 3 9 10 11 1 2 3 2222324 4 5 6 7 8 9 16 17 18 19 20 21 28 29 30 23 24 1 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1630 36 1 UNION ST THE MALL N BETTY LN IDLEWILD DR POINSETTA AVE LANTANA AVE ARBELIA ST PALM ST 13112073 2081 132513211291131720441279 2043 2064 2066 20481293 2067 20351283 13012080 2044 2048 13312066 129013092030 20721275 2088 2071 2053133012782079 2084 2000 13452070 133713332087 2028 2075 13172060 2057 2081 13412069 2064 129212832049 2071 203112792050 2056 2026 13252058 2077 128220311300 2047 20631322 2049 2080B 2068B 2080A BERMUDA ST 2083 2 20 2052 2040 2067 2076 2039 2065 2077 2063 1310134922068A-Not to Scale--Not a Survey-Rev. 2/17/2016 Single Family Residential Single Family Residential Single Family Residential Multi Family Residential Single Family Residential Single Family Residential S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5B - ATA2016-02002\Maps\ATA2016- 02002 Existing 2 of 2.docx EXISTING SURROUNDING USES MAP (2 of 2) Owner(s): MULTIPLE OWNERS Case: ATA2016-02002 Site: 1208 Sunset Point Road 1210 Sunset Point Road 2040 Poinsetta Avenue Property Size(Acres): ROW (Acres): 0.476 0.677 Land Use Zoning PIN: 03-29-15-87912-001-0040 03-29-15-87912-001-0050 03-29-15-12060-006-0150 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN SHERIDAN RD SPRINGTIME AVE SYLVAN DRPINELAND DRSPRINGTIME AVE 1903 121612511204185011781866118418721204193012191942 1917 1927 12051943 1878 1231121212031870 1933 118212121878 123118741172 1913 1910 11671863 12001901 12251929 12061882 121612341881 11861874 1941 120312011881 122712301869 1943 1869 1915122012181202 11801865 19091211191512011224 1871 1880 12461933 1910 1223121412261934 121312131870 1936 1895 1904 1877 121712151938 187611991885 30 12091875 12096 0 1860 10 120142 12118 12106 2 28 2 122411701887 1901 1856 120812061181B1181A-Not to Scale--Not a Survey-Rev. 2/18/2016Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property, 2040 Poinsetta Avenue Across the street, east of the subject property North of the subject property South of the subject property ATA2016-02002 Guillermo & Gladys Lopez 2040 PoinsettaAvenue View looking northerly along Poinsetta Avenue View looking southerly along Poinsetta Avenue View looking north at the subject property, 1208 Sunset Point Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02002 Abdalla Salous 1208 Sunset Point Road View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road View looking north at the subject property, 1210 Sunset Point Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02002 Kenneth M. S. Gillespie 1210 Sunset Point Road View looking easterly along Sunset Point Road View looking easterly along Sunset Point Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8853-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.9 SUBJECT/RECOMMENDATION: Adopt Ordinance 8853-16 on second reading, annexing certain real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, together with all abutting right-of-way of Sunset Point Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8853-16 ORDINANCE NO. 8853-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 110 FEET WEST OF COLES ROAD, WHOSE POST OFFICE ADDRESS IS 1224 SUNSET POINT ROAD, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL ABUTTING RIGHT-OF-WAY OF SUNSET POINT ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 7, Block 1, Sunset Knoll subdivision, according to the map or plat thereof, as recorded in the Plat Book 24, Page 26, Public Records of Pinellas County, Florida; Together with all abutting Right-of-Way of Sunset Point Road. (ATA2016-02003) 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 immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8853-16 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): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 60 58 63 97 40404040 33305063 608397087912 1 2 3 4 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 21 22 60 503360 60 854 78910 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN CHENANGO AVE SHERIDAN RD SYLVAN DRPINELAND DR1199187418761903 1251120412091875 1932 1209118412041930 12191942 1917 12051943 1878 1248123112121916120312121231 18741201 1924 1913 1910 19031200 1901 12251940 12111206121612341944 1874 120312011881 122712301915 19261220 121812021925 1909121112011224 1871 1901 1880 12461901 1933 1927 1910 1938 1223121412261934 121312131870 1936 1895 1904 1208121712061929 12151938 1918 1876 1943 1936 1181B1181A1941 12161850 1919 1923 1921 1937 1182121011861224-Not to Scale--Not a Survey-Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Location.docx LOCATION MAP Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST KINGS HWY N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR WOODLAWN TER PALM ST STATE ST OVERBROOK AVE BROADWAY BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST RIDGELANE RD B Y R A M D R SYLVAN DRALPINE RD CHENANGO AVE JOEL LN IVA ST WILSON RD N WASHINGTON AVE VISTA WAY PINELAND DRCARLOS AVE SPRING LN THAMES LN COLES RD N EVERGREEN AVE F U L L E R D R MACOMBER AVE SPRINGTIME AVE BARBARA LN GRANADA ST PORT WAY PINECREST WAY SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/17/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD COLES RD COLES RD ALOHA LN ALOHA LN CHENANGO AVE CHENANGO AVE SHERIDAN RD SHERIDAN RD SYLVAN DRSYLVAN DRPINELAND DRPINELAND DR-Not to Scale--Not a Survey-Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 60 58 63 97 40404040 33305063 608397087912 1 2 3 4 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 21 22 60 503360 60 854 78910 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN CHENANGO AVE SHERIDAN RD SYLVAN DRPINELAND DR1199187418761903 1251120412091875 1932 1209118412041930 12191942 1917 12051943 1878 1248123112121916120312121231 18741201 1924 1913 1910 19031200 1901 12251940 12111206121612341944 1874 120312011881 122712301915 19261220 121812021925 1909121112011224 1871 1901 1880 12461901 1933 1927 1910 1938 1223121412261934 121312131870 1936 1895 1904 1208121712061929 12151938 1918 1876 1943 1936 1181B1181A1941 12161850 1919 1923 1921 1937 1182121011861224-Not to Scale--Not a Survey-Rev. 2/17/2016 Retail Woodland Single Family Residential Retail Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property, 1224 Sunset Point Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02003 Barnes Family Trust 1224 Sunset Point Road View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8854-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 8854-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8854-16 ORDINANCE NO. 8854-16 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 NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 110 FEET WEST OF COLES ROAD, WHOSE POST OFFICE ADDRESS IS 1224 SUNSET POINT ROAD, 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 7, Block 1, Sunset Knoll subdivision, according to the map or plat thereof, as recorded in the Plat Book 24, Page 26, Public Records of Pinellas County, Florida; Residential Urban (RU) (ATA2016-02003) 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, contingent upon and subject to the adoption of Ordinance No. 8853-16. Ordinance No. 8854-16 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): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 60 58 63 97 40404040 33305063 608397087912 1 2 3 4 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 21 22 60 503360 60 854 78910 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 RURU RU RU I PCG P RU RU RU RU RU CG RU RM DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN CHENANGO AVE SHERIDAN RD SYLVAN DRPINELAND DR119918741876120412091875 1932 12041930 12191942 1943 1878 1248123112121916120312121231 18741201 1924 1913 1910 19031200 1901 12251940 1206121612341944 12031201122712301915 19261220 121812021925 1909121112011224 1871 1901 1880 12461933 1927 1910 1938 1223121412261934 121312131870 1208121712061929 12151918 1876 1943 1936 1181B1181ARU P 1941 1903 1216125118501209 1919 11841923 1917 12051921 1937 11821211121011861874 188112241901 1936 1895 1904 1938 -Not to Scale--Not a Survey-Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Location.docx LOCATION MAP Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST KINGS HWY N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR WOODLAWN TER PALM ST STATE ST OVERBROOK AVE BROADWAY BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST RIDGELANE RD B Y R A M D R SYLVAN DRALPINE RD CHENANGO AVE JOEL LN IVA ST WILSON RD N WASHINGTON AVE VISTA WAY PINELAND DRCARLOS AVE SPRING LN THAMES LN COLES RD N EVERGREEN AVE F U L L E R D R MACOMBER AVE SPRINGTIME AVE BARBARA LN GRANADA ST PORT WAY PINECREST WAY SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/17/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD COLES RD COLES RD ALOHA LN ALOHA LN CHENANGO AVE CHENANGO AVE SHERIDAN RD SHERIDAN RD SYLVAN DRSYLVAN DRPINELAND DRPINELAND DR-Not to Scale--Not a Survey-Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 60 58 63 97 40404040 33305063 608397087912 1 2 3 4 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 21 22 60 503360 60 854 78910 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN CHENANGO AVE SHERIDAN RD SYLVAN DRPINELAND DR1199187418761903 1251120412091875 1932 1209118412041930 12191942 1917 12051943 1878 1248123112121916120312121231 18741201 1924 1913 1910 19031200 1901 12251940 12111206121612341944 1874 120312011881 122712301915 19261220 121812021925 1909121112011224 1871 1901 1880 12461901 1933 1927 1910 1938 1223121412261934 121312131870 1936 1895 1904 1208121712061929 12151938 1918 1876 1943 1936 1181B1181A1941 12161850 1919 1923 1921 1937 1182121011861224-Not to Scale--Not a Survey-Rev. 2/17/2016 Retail Woodland Single Family Residential Retail Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property, 1224 Sunset Point Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02003 Barnes Family Trust 1224 Sunset Point Road View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8855-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.11 SUBJECT/RECOMMENDATION: Adopt Ordinance 8855-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1224 Sunset Point Road, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8855-16 ORDINANCE NO. 8855-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 110 FEET WEST OF COLES ROAD, WHOSE POST OFFICE ADDRESS IS 1224 SUNSET POINT ROAD, 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 immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8853-16. Property Zoning District Lot 7, Block 1, Sunset Knoll subdivision, according to the map or plat thereof, as recorded in the Plat Book 24, Page 26, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ATA2016-02003) Ordinance No. 8855-16 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): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 60 58 63 97 40404040 33305063 608397087912 1 2 3 4 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 21 22 60 503360 60 854 78910 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 MDR I C MDR LMDR MDR LMDR LMDR LMDR LMDR LMDR LMDR DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN CHENANGO AVE SHERIDAN RD SYLVAN DRPINELAND DR1199187418761903 120412091875 1932 120911841930 1942 12051943 1878 12481231121219161203 12011924 1913 19031200 1901 12251940 12111206121612341944 1874 120312011881 12271915 1926 1218192512111201 12241901 1880 12461901 1933 1927 1910 1938 12231934 121312131870 1895120812171206 1929 12151918 1943 1181A1941 121612511850 1919 1923 120412191917 1921 1937 1182121212311874 1910 121011861230122012021909 1871 1224121412261936 1904 1938 1876 1936 1181B-Not to Scale--Not a Survey-Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Location.docx LOCATION MAP Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR UNION ST KINGS HWY N BETTY LN DOUGLAS AVE SUNSET POINT RD IDLEWILD DR WOODLAWN TER PALM ST STATE ST OVERBROOK AVE BROADWAY BERMUDA ST POINSETTA AVE SEDEEVA CIR N ARBELIA ST RIDGELANE RD B Y R A M D R SYLVAN DRALPINE RD CHENANGO AVE JOEL LN IVA ST WILSON RD N WASHINGTON AVE VISTA WAY PINELAND DRCARLOS AVE SPRING LN THAMES LN COLES RD N EVERGREEN AVE F U L L E R D R MACOMBER AVE SPRINGTIME AVE BARBARA LN GRANADA ST PORT WAY PINECREST WAY SPRINGTIME AVE -Not to Scale--Not a Survey-Rev. 2/17/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR DOUGLAS AVE DOUGLAS AVE SUNSET POINT RD SUNSET POINT RD COLES RD COLES RD ALOHA LN ALOHA LN CHENANGO AVE CHENANGO AVE SHERIDAN RD SHERIDAN RD SYLVAN DRSYLVAN DRPINELAND DRPINELAND DR-Not to Scale--Not a Survey-Rev. 2/16/2016 S:\Planning Department\C D B\Annexations (ANX)\ATA - ANX 2016\Idlewild ATAs Phase 5C - ATA2016-02003\Maps\ATA2016- 02003 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Barnes Family Trust Case: ATA2016-02003 Site: 1224 Sunset Point Road Property Size(Acres): ROW (Acres): 0.121 0.075 Land Use Zoning PIN: 03-29-15-87912-001-0070 From : RU R-4 Atlas Page: 251B To: RU LMDR 333060 60 58 63 97 40404040 33305063 608397087912 1 2 3 4 7891011 1213 1415 1617 1819 2021 2223 2425 2627 2829 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 21 22 60 503360 60 854 78910 1 2 3 4 5 6 7 8 9 15 16 17 1 2 3 4 7 8 17 5 6 19 18 9 (28) 42/015 1.3 A C(C) 1 1 DOUGLAS AVE SUNSET POINT RD COLES RD ALOHA LN CHENANGO AVE SHERIDAN RD SYLVAN DRPINELAND DR1199187418761903 1251120412091875 1932 1209118412041930 12191942 1917 12051943 1878 1248123112121916120312121231 18741201 1924 1913 1910 19031200 1901 12251940 12111206121612341944 1874 120312011881 122712301915 19261220 121812021925 1909121112011224 1871 1901 1880 12461901 1933 1927 1910 1938 1223121412261934 121312131870 1936 1895 1904 1208121712061929 12151938 1918 1876 1943 1936 1181B1181A1941 12161850 1919 1923 1921 1937 1182121011861224-Not to Scale--Not a Survey-Rev. 2/17/2016 Retail Woodland Single Family Residential Retail Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking north at the subject property, 1224 Sunset Point Road Across the street, south of the subject property East of the subject property West of the subject property ATA2016-02003 Barnes Family Trust 1224 Sunset Point Road View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8865-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.12 SUBJECT/RECOMMENDATION: Adopt Ordinance 8865-16 on second reading, annexing certain real property whose post office address is 1790 McCauley Road, Clearwater, Florida 33765 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8865-16 ORDINANCE NO. 8865-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCCAULEY ROAD APPROXIMATELY 1,000 FEET SOUTH OF SUNSET POINT ROAD (COUNTY ROAD 576), WHOSE POST OFFICE ADDRESS IS 1790 MCCAULEY ROAD, CLEARWATER, FLORIDA 33765, 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 B have petitioned the City of Clearwater to annex the property into the City pursuant to the Interlocal Service Boundary Agreement authorized by Section 171.204, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for legal description (ANX2016-02004) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8865-16 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 A portion of Lots 16 and 17, Coachman Lakes Estates, according to the map or plat thereof, as recorded in the Plat Book 62, Pages 26 through 29, Public Records of Pinellas County, Florida; Begin at the northeasterly corner of Lot 17, Coachman Lakes Estates, thence, run southernly along Right- of-Way of McCauley Road 200.48 feet to a point of beginning; thence, continue along Right-of-Way of McCauley Road approximately 236 feet; thence north 44 degrees, 51 minutes, 48 seconds west 333.42 feet; thence, north 5 degrees, 27 minutes, 44 seconds west 80 feet; thence south 72 degrees, 16 minutes, 23 seconds east 382.01 feet to the point of beginning. Exhibit B PROPOSED ANNEXATION Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR 50 50 50 50 5053.652.85059.75056(S)59.75018 19 20 21 22 1 4113/02 LAKE60 6060 6060 606060 50 50 505 0 50 5 0 5 050751725616848 68063 73 74 75 76 77 78 79 80 43 44 45 46 47 48 49 42 41 40 39 38 37 36 15 16 17 18 19 20 21 8 9 10 11 12 13 14 50 51 52 53 54 55 35 34 33 32 31 30 22 23 24 25 26 27 7 6 5 4 3 2 56 29 28 1 9 10 21 22 11 20 19 12 23 24 25 18 13 17 16 15 14 26 27 28 8 7 6 33 31 30 29 4 5 36 123 parcel A 34/02 41/03 8.08 A C A C 1 1 1 1 1 1 1 1 McCAULEY RD YALE DR JESSICA RD EMORY DR PRINCETON DR CAMPBELL RD VANDERBILT DR SU N S E T POINT R D BEVI LLE RD 241517811 8 3 5 1 87517851 7 5 0 17991862 1795 1836 1818 23601895247517841897 1861 1 7 6 0 1800 1855 1843 1873 23731897 238017651780238518711855 1 8 4 5 1815 1896 1819 23651843 1830 1845 1805 1 87018721825 18 551882 23571850 1875 1842 23611896 1861 1837 1 88024811891 17551 7 9 1 24692376237423722368236623621831 1848 1842 1830 1836 1854 1866 1865 1873 23791879 1848 1885 1854 1 7 6 6 1855 1885 1878 1837 1884 23951818 2501831 2434182523641824 1830 1866 4 1849 1867 900 23701860 1819 1825 238024401849 1790 2470 1860 2 1872 23581890 2426 23691884 1867235 23781878 6 1824 24701879 1891 23851872 23891890 24502474-Not to Scale--Not a Survey-Rev. 3/8/2016 LOCATION MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR US-19 NN BELCHER RD SUNSET POINT RD N OLD COACHMAN RDN E C O A C H M A N R D S T A G R U N B L V D EL TAI R TRL FARRIER TRL MANOR BLVD N STETSON DR 8th ST 4th ST FLIN T LO C K D R VERDE DR W MANOR AVE GLENVILLE DR RAYMONT DR MIDNIGHT PASS WAY 9th ST ASBURY DR BELMONT DR ELEE RD ALLIGATOR CREEK RD S LAGOON CIR McCAULEY RD -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR McCAULEY RD McCAULEY RD YALE DR YALE DR JESSICA RD JESSICA RD EMORY DR EMORY DR PRINCETON DR PRINCETON DR CAMPBELL RD CAMPBELL RD VANDERBILT DR VANDERBILT DR SU N S E T POINT R D SU N S E T POINT R D BEVI LLE RD BEVI LLE RD -Not to Scale--Not a Survey-Rev. 3/8/2016 EXISTING SURROUNDING USES MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR 50 50 50 50 5053.652.85059.75056(S)59.75018 19 20 21 22 1 4113/02 LAKE60 6060 6060 606060 50 50 505 0 50 5 0 5 050751725616848 68063 73 74 75 76 77 78 79 80 43 44 45 46 47 48 49 42 41 40 39 38 37 36 15 16 17 18 19 20 21 8 9 10 11 12 13 14 50 51 52 53 54 55 35 34 33 32 31 30 22 23 24 25 26 27 7 6 5 4 3 2 56 29 28 1 9 10 21 22 11 20 19 12 23 24 25 18 13 17 16 15 14 26 27 28 8 7 6 33 31 30 29 4 5 36 123 parcel A 34/02 41/03 8.08 A C A C 1 1 1 1 1 1 1 1 McCAULEY RD YALE DR JESSICA RD EMORY DR PRINCETON DR CAMPBELL RD VANDERBILT DR SU N S E T POINT R D BEVI LLE RD 241517811 8 3 5 1 87517851 7 5 0 17991862 1795 1836 1818 23601895247517841897 1861 1 7 6 0 1800 1855 1843 1873 23731897 238017651780238518711855 1 8 4 5 1815 1896 1819 23651843 1830 1845 1805 1 87018721825 18 551882 23571850 1875 1842 23611896 1861 1837 1 88024811891 17551 7 9 1 24692376237423722368236623621831 1848 1842 1830 1836 1854 1866 1865 1873 23791879 1848 1885 1854 1 7 6 6 1855 1885 1878 1837 1884 23951818 2501831 2434182523641824 1830 1866 4 1849 1867 900 23701860 1819 1825 238024401849 1790 2470 1860 2 1872 23581890 2426 23691884 1867235 23781878 6 1824 24701879 1891 23851872 23891890 24502474-Not to Scale--Not a Survey-Rev.3/8/2016 Single Family Residential Single Family Residential Offices Utility Easement View looking west at the subject property, 1790 McCauley Road Across the street, east of the subject property North of the subject property South of the subject property ANX2016-02004 Michael R. and Carmen G. Maurer 1790 McCauley Road View looking northerly along McCauley Road View looking southerly along McCauley Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8866-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.13 SUBJECT/RECOMMENDATION: Adopt Ordinance 8866-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1790 McCauley Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Estate (RE). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8866-16 ORDINANCE NO. 8866-16 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 MCCAULEY ROAD APPROXIMATELY 1,000 FEET SOUTH OF SUNSET POINT ROAD (COUNTY ROAD 576), WHOSE POST OFFICE ADDRESS IS 1790 MCCAULEY ROAD, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL ESTATE (RE); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A for legal description Residential Estate (RE) (ANX2016-02004) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8865-16. Ordinance No. 8866-16 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 A portion of Lots 16 and 17, Coachman Lakes Estates, according to the map or plat thereof, as recorded in the Plat Book 62, Pages 26 through 29, Public Records of Pinellas County, Florida; Begin at the northeasterly corner of Lot 17, Coachman Lakes Estates, thence, run southernly along Right- of-Way of McCauley Road 200.48 feet to a point of beginning; thence, continue along Right-of-Way of McCauley Road approximately 236 feet; thence north 44 degrees, 51 minutes, 48 seconds west 333.42 feet; thence, north 5 degrees, 27 minutes, 44 seconds west 80 feet; thence south 72 degrees, 16 minutes, 23 seconds east 382.01 feet to the point of beginning. Exhibit B FUTURE LAND USE MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR 50 50 50 50 5053.652.85059.75056(S)59.75018 19 20 21 22 1 4113/02 LAKE60 6060 6060 606060 50 50 505 0 50 5 0 5 050751725616848 68063 73 74 75 76 77 78 79 80 43 44 45 46 47 48 49 42 41 40 39 38 37 36 15 16 17 18 19 20 21 8 9 10 11 12 13 14 50 51 52 53 54 55 35 34 33 32 31 30 22 23 24 25 26 27 7 6 5 4 3 2 56 29 28 1 9 10 21 22 11 20 19 12 23 24 25 18 13 17 16 15 14 26 27 28 8 7 6 33 31 30 29 4 5 36 123 parcel A 34/02 41/03 8.08 A C A C 1 1 1 1 1 1 1 1 R/OGR/OG R/OG R/OS McCAULEY RD YALE DR JESSICA RD EMORY DR PRINCETON DR CAMPBELL RD VANDERBILT DR SU N S E T POINT R D BEVI LLE RD RE RE RE T/U R/OG RE RURU RU WATER T/U 241517811 8 3 5 1 87517851 7 5 0 17991862 1795 1836 1818 2360189517841897 1 7 6 0 1800 1843 1873 1897 17651780238518711855 1 8 4 5 1815 1896 1819 23651843 1830 1845 1805 1 87018721825 18 551882 23571850 1875 1842 23611896 1861 1837 1 88024811891 17551 7 9 12376237423722368236623621831 1848 1842 1830 1836 1854 1866 1865 1873 23791879 1848 1885 1854 1 7 6 6 1855 1885 1878 1837 24751884 23951861 1818 1855 2501831 243423731825 238023641824 1830 1866 4 1849 1867 900 23701860 1819 1825 238024401849 1790 2470 1860 2 1872 23581890 2426 23691884 1867235 23781878 6 1824 24701879 1891 23851872 23891890 245024742469-Not to Scale--Not a Survey-Rev. 3/8/2016 LOCATION MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR US-19 NN BELCHER RD SUNSET POINT RD N OLD COACHMAN RDN E C O A C H M A N R D S T A G R U N B L V D EL TAI R TRL FARRIER TRL MANOR BLVD N STETSON DR 8th ST 4th ST FLIN T LO C K D R VERDE DR W MANOR AVE GLENVILLE DR RAYMONT DR MIDNIGHT PASS WAY 9th ST ASBURY DR BELMONT DR ELEE RD ALLIGATOR CREEK RD S LAGOON CIR McCAULEY RD -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR McCAULEY RD McCAULEY RD YALE DR YALE DR JESSICA RD JESSICA RD EMORY DR EMORY DR PRINCETON DR PRINCETON DR CAMPBELL RD CAMPBELL RD VANDERBILT DR VANDERBILT DR SU N S E T POINT R D SU N S E T POINT R D BEVI LLE RD BEVI LLE RD -Not to Scale--Not a Survey-Rev. 3/8/2016 EXISTING SURROUNDING USES MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR 50 50 50 50 5053.652.85059.75056(S)59.75018 19 20 21 22 1 4113/02 LAKE60 6060 6060 606060 50 50 505 0 50 5 0 5 050751725616848 68063 73 74 75 76 77 78 79 80 43 44 45 46 47 48 49 42 41 40 39 38 37 36 15 16 17 18 19 20 21 8 9 10 11 12 13 14 50 51 52 53 54 55 35 34 33 32 31 30 22 23 24 25 26 27 7 6 5 4 3 2 56 29 28 1 9 10 21 22 11 20 19 12 23 24 25 18 13 17 16 15 14 26 27 28 8 7 6 33 31 30 29 4 5 36 123 parcel A 34/02 41/03 8.08 A C A C 1 1 1 1 1 1 1 1 McCAULEY RD YALE DR JESSICA RD EMORY DR PRINCETON DR CAMPBELL RD VANDERBILT DR SU N S E T POINT R D BEVI LLE RD 241517811 8 3 5 1 87517851 7 5 0 17991862 1795 1836 1818 23601895247517841897 1861 1 7 6 0 1800 1855 1843 1873 23731897 238017651780238518711855 1 8 4 5 1815 1896 1819 23651843 1830 1845 1805 1 87018721825 18 551882 23571850 1875 1842 23611896 1861 1837 1 88024811891 17551 7 9 1 24692376237423722368236623621831 1848 1842 1830 1836 1854 1866 1865 1873 23791879 1848 1885 1854 1 7 6 6 1855 1885 1878 1837 1884 23951818 2501831 2434182523641824 1830 1866 4 1849 1867 900 23701860 1819 1825 238024401849 1790 2470 1860 2 1872 23581890 2426 23691884 1867235 23781878 6 1824 24701879 1891 23851872 23891890 24502474-Not to Scale--Not a Survey-Rev.3/8/2016 Single Family Residential Single Family Residential Offices Utility Easement View looking west at the subject property, 1790 McCauley Road Across the street, east of the subject property North of the subject property South of the subject property ANX2016-02004 Michael R. and Carmen G. Maurer 1790 McCauley Road View looking northerly along McCauley Road View looking southerly along McCauley Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8867-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.14 SUBJECT/RECOMMENDATION: Adopt Ordinance 8867-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1790 McCauley Road, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Density Residential (LDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8867-16 ORDINANCE NO. 8867-16 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 MCCAULEY ROAD APPROXIMATELY 1,000 FEET SOUTH OF SUNSET POINT ROAD (COUNTY ROAD 576), WHOSE POST OFFICE ADDRESS IS 1790 MCCAULEY ROAD, CLEARWATER, FLORIDA 33765, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); 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 B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8865-16. Property Zoning District See attached Exhibit A for legal description Low Density Residential (LDR) (ANX2016-02004) Ordinance No. 8867-16 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 A portion of Lots 16 and 17, Coachman Lakes Estates, according to the map or plat thereof, as recorded in the Plat Book 62, Pages 26 through 29, Public Records of Pinellas County, Florida; Begin at the northeasterly corner of Lot 17, Coachman Lakes Estates, thence, run southernly along Right- of-Way of McCauley Road 200.48 feet to a point of beginning; thence, continue along Right-of-Way of McCauley Road approximately 236 feet; thence north 44 degrees, 51 minutes, 48 seconds west 333.42 feet; thence, north 5 degrees, 27 minutes, 44 seconds west 80 feet; thence south 72 degrees, 16 minutes, 23 seconds east 382.01 feet to the point of beginning. Exhibit B ZONING MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR 50 50 50 50 5053.652.85059.75056(S)59.75018 19 20 21 22 1 4113/02 LAKE60 6060 6060 606060 50 50 505 0 50 5 0 5 050751725616848 68063 73 74 75 76 77 78 79 80 43 44 45 46 47 48 49 42 41 40 39 38 37 36 15 16 17 18 19 20 21 8 9 10 11 12 13 14 50 51 52 53 54 55 35 34 33 32 31 30 22 23 24 25 26 27 7 6 5 4 3 2 56 29 28 1 9 10 21 22 11 20 19 12 23 24 25 18 13 17 16 15 14 26 27 28 8 7 6 33 31 30 29 4 5 36 123 parcel A 34/02 41/03 8.08 A C A C 1 1 1 1 1 1 1 1 McCAULEY RD YALE DR JESSICA RD EMORY DR PRINCETON DR CAMPBELL RD VANDERBILT DR SU N S E T POINT R D BEVI LLE RD I O C LMDR LMDR 241517811 8 3 5 1 87517851 7 5 0 17991862 1795 1836 1818 23601895247517841897 1861 1 7 6 0 1800 1855 1843 1873 23731897 238017651780238518711855 1 8 4 5 1815 1896 1819 23651843 1830 1845 1805 1 87018721825 18 551882 23571850 1875 1842 23611896 1861 1837 1 88024811891 17551 7 9 1 24692376237423722368236623621831 1848 1842 1830 1836 1854 1866 1865 1873 23791879 1848 1885 1854 1 7 6 6 1855 1885 1878 1837 1884 23951818 2501831 2434182523641824 1830 1866 4 1849 1867 900 23701860 1819 1825 238024401849 1790 2470 1860 2 1872 23581890 2426 23691884 1867235 23781878 6 1824 24701879 1891 23851872 23891890 24502474-Not to Scale--Not a Survey-Rev. 3/8/2016 LOCATION MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR US-19 NN BELCHER RD SUNSET POINT RD N OLD COACHMAN RDN E C O A C H M A N R D S T A G R U N B L V D EL TAI R TRL FARRIER TRL MANOR BLVD N STETSON DR 8th ST 4th ST FLIN T LO C K D R VERDE DR W MANOR AVE GLENVILLE DR RAYMONT DR MIDNIGHT PASS WAY 9th ST ASBURY DR BELMONT DR ELEE RD ALLIGATOR CREEK RD S LAGOON CIR McCAULEY RD -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR McCAULEY RD McCAULEY RD YALE DR YALE DR JESSICA RD JESSICA RD EMORY DR EMORY DR PRINCETON DR PRINCETON DR CAMPBELL RD CAMPBELL RD VANDERBILT DR VANDERBILT DR SU N S E T POINT R D SU N S E T POINT R D BEVI LLE RD BEVI LLE RD -Not to Scale--Not a Survey-Rev. 3/8/2016 EXISTING SURROUNDING USES MAP Owner(s): Michael R. & Carmen G. Mauerer Case: ANX2016-02004 Site: 1790 McCauley Road Property Size(Acres): ROW (Acres): 1.250 Land Use Zoning PIN: 06-29-16-16848-000-0160 From : RE E-1 Atlas Page: 263B To: RE LDR 50 50 50 50 5053.652.85059.75056(S)59.75018 19 20 21 22 1 4113/02 LAKE60 6060 6060 606060 50 50 505 0 50 5 0 5 050751725616848 68063 73 74 75 76 77 78 79 80 43 44 45 46 47 48 49 42 41 40 39 38 37 36 15 16 17 18 19 20 21 8 9 10 11 12 13 14 50 51 52 53 54 55 35 34 33 32 31 30 22 23 24 25 26 27 7 6 5 4 3 2 56 29 28 1 9 10 21 22 11 20 19 12 23 24 25 18 13 17 16 15 14 26 27 28 8 7 6 33 31 30 29 4 5 36 123 parcel A 34/02 41/03 8.08 A C A C 1 1 1 1 1 1 1 1 McCAULEY RD YALE DR JESSICA RD EMORY DR PRINCETON DR CAMPBELL RD VANDERBILT DR SU N S E T POINT R D BEVI LLE RD 241517811 8 3 5 1 87517851 7 5 0 17991862 1795 1836 1818 23601895247517841897 1861 1 7 6 0 1800 1855 1843 1873 23731897 238017651780238518711855 1 8 4 5 1815 1896 1819 23651843 1830 1845 1805 1 87018721825 18 551882 23571850 1875 1842 23611896 1861 1837 1 88024811891 17551 7 9 1 24692376237423722368236623621831 1848 1842 1830 1836 1854 1866 1865 1873 23791879 1848 1885 1854 1 7 6 6 1855 1885 1878 1837 1884 23951818 2501831 2434182523641824 1830 1866 4 1849 1867 900 23701860 1819 1825 238024401849 1790 2470 1860 2 1872 23581890 2426 23691884 1867235 23781878 6 1824 24701879 1891 23851872 23891890 24502474-Not to Scale--Not a Survey-Rev.3/8/2016 Single Family Residential Single Family Residential Offices Utility Easement View looking west at the subject property, 1790 McCauley Road Across the street, east of the subject property North of the subject property South of the subject property ANX2016-02004 Michael R. and Carmen G. Maurer 1790 McCauley Road View looking northerly along McCauley Road View looking southerly along McCauley Road Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8868-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.15 SUBJECT/RECOMMENDATION: Adopt Ordinance 8868-16 on second reading, annexing certain real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, together with the abutting right-of-way of Lynn Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8868-16 ORDINANCE NO. 8868-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SHERWOOD STREET AND LYNN AVENUE, WHOSE POST OFFICE ADDRESS IS 1635 SHERWOOD STREET, CLEARWATER, FLORIDA 33755, TOGETHER WITH ALL ABUTTING RIGHT-OF-WAY OF LYNN AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 1, Block 21 of Highland Pines Subdivision Fourth Addition, according to the map or plat thereof, as recorded in the Plat Book 33, Page 90, of the Public Records of Pinellas County, Florida; Together with all Right-of-Way of Lynn Avenue abutting Lots 1, 2, and 3, Block 21 of Highland Pines Subdivision Fourth Addition. (ANX2016-02005) 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 immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8868-16 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): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LA LU606060 6039078 39096391323 7 8 9 10 11 13 16 20 21 22 23 26 28 14 16 21 23 3 678 3 4 5 6789 3 4 5 1 2 3 4 5 3 45 8 910 111213 3 4 5 6 1 2 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5 7 8 9 10 3 4 5 6 7 8 9 10 3 4 5 67 8 9 10 4 5 6 8 9 10 11 12 12 3LYNN AVE RIDGE AVE NELSON AVE GENTRY ST SHERWOOD ST CROWN ST 161313231642 164116471300 1404 1320 1612162116091409 16121229 1221 1225 1408 16221409 1405 1405 1301 1304 16261604160916141222 13161615 1409 16091305 1405 16091304 1404 1220 1226 1402 1408 16461400 1221 16341308 1300 1220 1408 13001608 163316081225 16401639163413051622 1318 165113041617 16151416 1404 1613141316 163514121415 1226 1413 131516 16271321 1608162614101412 1303 -Not to Scale--Not a Survey-Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Location Map.docx LOCATION MAP Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LONG ST N KEENE RD F L A G L E R D R GREENLEA DR N HIGHLAND AVE SUNSET POINT RD SCOTT ST SHERWOOD ST L I N W O O D D R RIDGE AVE LYNN AVE GENTRY ST ARDEN AVE RIDGEWAY DR LOMBARDY DR GREENHILL DR EAST DR N SATURN AVE NELSON AVE MURRAY AVE WEST DR BELLEMEADE DR SHARONDALE DR SANDY LN CARROLL ST THAMES ST CROWN ST BENTLEY ST CARLISLE ST AMBLE LN TOWNSEND ST PRINCE PHILIP ST ROSEMONT DR LOGAN ST ARIES LN E LEO LN KENESAW LN LINWOOD CIR PAMELIA DR MURRAY AVE LONG ST -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LYNN AVE LYNN AVE RIDGE AVE RIDGE AVE NELSON AVE NELSON AVE GENTRY ST GENTRY ST SHERWOOD ST SHERWOOD ST CROWN ST CROWN ST CARROLL ST CARROLL ST -Not to Scale--Not a Survey-Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Existing Uses.docx EXISTING SURROUNDING USES MAP Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LA LU606060 6039078 39096391323 7 8 9 10 11 13 16 20 21 22 23 26 28 14 16 21 23 3 678 3 4 5 6789 3 4 5 1 2 3 4 5 3 45 8 910 111213 3 4 5 6 1 2 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5 7 8 9 10 3 4 5 6 7 8 9 10 3 4 5 67 8 9 10 4 5 6 8 9 10 11 12 12 3LYNN AVE RIDGE AVE NELSON AVE GENTRY ST SHERWOOD ST CROWN ST 161313231642 164116471300 1404 1320 1612162116091409 16121229 1221 1225 1408 16221409 1405 1405 1301 1304 16261604160916141222 13161615 1409 16091305 1405 16091304 1404 1220 1226 1402 1408 16461400 1221 16341308 1300 1220 1408 13001608 163316081225 16401639163413051622 1318 165113041617 16151416 1404 1613141316 163514121415 1226 1413 131516 16271321 1608162614101412 1303 -Not to Scale--Not a Survey-Rev. 2/11/2016 Water Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 1635 Sherwood Street Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02005 Hugh Heier 1635 Sherwood Street View looking easterly along Sherwood Street View looking westerly along Sherwood Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8869-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.16 SUBJECT/RECOMMENDATION: Adopt Ordinance 8869-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8869-16 ORDINANCE NO. 8869-16 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 SHERWOOD STREET AND LYNN AVENUE, WHOSE POST OFFICE ADDRESS IS 1635 SHERWOOD STREET, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 1, Block 21 of Highland Pines Subdivision Fourth Addition, according to the map or plat thereof, as recorded in the Plat Book 33, Page 90, of the Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2016-02005) 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, contingent upon and subject to the adoption of Ordinance No. 8868-16. Ordinance No. 8869-16 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): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LA LU606060 6039078 39096391323 7 8 9 10 11 13 16 20 21 22 23 26 28 14 16 21 23 3 678 3 4 5 6789 3 4 5 1 2 3 4 5 3 45 8 910 111213 3 4 5 6 1 2 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5 7 8 9 10 3 4 5 6 7 8 9 10 3 4 5 67 8 9 10 4 5 6 8 9 10 11 12 12 3 RL RU RU RL RU RU RL RU WATER RL RL RU RU RL RU RU RL RL RL RL RU RURU RL R/OS RL RL RU LYNN AVE RIDGE AVE NELSON AVE GENTRY ST SHERWOOD ST CROWN ST 161313231642 16411300 1404 1320 1409 1612122116221409 1405 1301 16261609161412221615 1409 130516091304 1404 1220 1226 1402 1408 16461400 1221 16271308 1220 1408 13001608 163316081225 16401639163413051622 1318 16511304 16151404 16471413 1612162116160916351412 1229 1225 1408 1415 1405 1226 13041604 1413 1315 131616 16091405 16341321 130016081626 1410 16171412 1303 1416 1613-Not to Scale--Not a Survey-Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Location Map.docx LOCATION MAP Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LONG ST N KEENE RD F L A G L E R D R GREENLEA DR N HIGHLAND AVE SUNSET POINT RD SCOTT ST SHERWOOD ST L I N W O O D D R RIDGE AVE LYNN AVE GENTRY ST ARDEN AVE RIDGEWAY DR LOMBARDY DR GREENHILL DR EAST DR N SATURN AVE NELSON AVE MURRAY AVE WEST DR BELLEMEADE DR SHARONDALE DR SANDY LN CARROLL ST THAMES ST CROWN ST BENTLEY ST CARLISLE ST AMBLE LN TOWNSEND ST PRINCE PHILIP ST ROSEMONT DR LOGAN ST ARIES LN E LEO LN KENESAW LN LINWOOD CIR PAMELIA DR MURRAY AVE LONG ST -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LYNN AVE LYNN AVE RIDGE AVE RIDGE AVE NELSON AVE NELSON AVE GENTRY ST GENTRY ST SHERWOOD ST SHERWOOD ST CROWN ST CROWN ST CARROLL ST CARROLL ST -Not to Scale--Not a Survey-Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Existing Uses.docx EXISTING SURROUNDING USES MAP Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LA LU606060 6039078 39096391323 7 8 9 10 11 13 16 20 21 22 23 26 28 14 16 21 23 3 678 3 4 5 6789 3 4 5 1 2 3 4 5 3 45 8 910 111213 3 4 5 6 1 2 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5 7 8 9 10 3 4 5 6 7 8 9 10 3 4 5 67 8 9 10 4 5 6 8 9 10 11 12 12 3LYNN AVE RIDGE AVE NELSON AVE GENTRY ST SHERWOOD ST CROWN ST 161313231642 164116471300 1404 1320 1612162116091409 16121229 1221 1225 1408 16221409 1405 1405 1301 1304 16261604160916141222 13161615 1409 16091305 1405 16091304 1404 1220 1226 1402 1408 16461400 1221 16341308 1300 1220 1408 13001608 163316081225 16401639163413051622 1318 165113041617 16151416 1404 1613141316 163514121415 1226 1413 131516 16271321 1608162614101412 1303 -Not to Scale--Not a Survey-Rev. 2/11/2016 Water Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 1635 Sherwood Street Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02005 Hugh Heier 1635 Sherwood Street View looking easterly along Sherwood Street View looking westerly along Sherwood Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8870-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.17 SUBJECT/RECOMMENDATION: Adopt Ordinance 8870-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1635 Sherwood Street, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8870-16 ORDINANCE NO. 8870-16 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 SHERWOOD STREET AND LYNN AVENUE, WHOSE POST OFFICE ADDRESS IS 1635 SHERWOOD 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 immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8868-16. Property Zoning District Lot 1, Block 21 of Highland Pines Subdivision Fourth Addition, according to the map or plat thereof, as recorded in the Plat Book 33, Page 90, of the Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2016-02005) Ordinance No. 8870-16 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): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LA LU606060 6039078 39096391323 7 8 9 10 11 13 16 20 21 22 23 26 28 14 16 21 23 3 678 3 4 5 6789 3 4 5 1 2 3 4 5 3 45 8 910 111213 3 4 5 6 1 2 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5 7 8 9 10 3 4 5 6 7 8 9 10 3 4 5 67 8 9 10 4 5 6 8 9 10 11 12 12 3 LYNN AVE RIDGE AVE NELSON AVE GENTRY ST SHERWOOD ST CROWN ST LMDR P16131323164216411647 1300 1404 1320 1612162116091409 16121229 1221 1225 1408 16221409 1405 1405 1301 1304 16261604160916141222 13161615 1409 16091305 1405 16091304 1404 1220 1226 1402 1408 16461400 1221 163416271308 1300 1220 1408 13001608 163316081225 163913051622 1318 165113041617 16151416 1404 1613OS/R 141316 163514121415 1226 1413 131516 1321 160816401634162614101412 1303 -Not to Scale--Not a Survey-Rev. 2/17/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Location Map.docx LOCATION MAP Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LONG ST N KEENE RD F L A G L E R D R GREENLEA DR N HIGHLAND AVE SUNSET POINT RD SCOTT ST SHERWOOD ST L I N W O O D D R RIDGE AVE LYNN AVE GENTRY ST ARDEN AVE RIDGEWAY DR LOMBARDY DR GREENHILL DR EAST DR N SATURN AVE NELSON AVE MURRAY AVE WEST DR BELLEMEADE DR SHARONDALE DR SANDY LN CARROLL ST THAMES ST CROWN ST BENTLEY ST CARLISLE ST AMBLE LN TOWNSEND ST PRINCE PHILIP ST ROSEMONT DR LOGAN ST ARIES LN E LEO LN KENESAW LN LINWOOD CIR PAMELIA DR MURRAY AVE LONG ST -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LYNN AVE LYNN AVE RIDGE AVE RIDGE AVE NELSON AVE NELSON AVE GENTRY ST GENTRY ST SHERWOOD ST SHERWOOD ST CROWN ST CROWN ST CARROLL ST CARROLL ST -Not to Scale--Not a Survey-Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Sherwood St 1635 ANX2016- 02005\Maps\ANX2016-02005 Existing Uses.docx EXISTING SURROUNDING USES MAP Owner(s): Hugh Heier Case: ANX2016-02005 Site: 1635 Sherwood Street Property Size(Acres): ROW (Acres): 0.166 0.268 Land Use Zoning PIN: 11-29-15-39132-021-0010 From : RL R-3 Atlas Page: 270B To: RL LMDR LA LU606060 6039078 39096391323 7 8 9 10 11 13 16 20 21 22 23 26 28 14 16 21 23 3 678 3 4 5 6789 3 4 5 1 2 3 4 5 3 45 8 910 111213 3 4 5 6 1 2 1 2 3 1 2 3 1 2 3 4 5 1 2 3 4 5 7 8 9 10 3 4 5 6 7 8 9 10 3 4 5 67 8 9 10 4 5 6 8 9 10 11 12 12 3LYNN AVE RIDGE AVE NELSON AVE GENTRY ST SHERWOOD ST CROWN ST 161313231642 164116471300 1404 1320 1612162116091409 16121229 1221 1225 1408 16221409 1405 1405 1301 1304 16261604160916141222 13161615 1409 16091305 1405 16091304 1404 1220 1226 1402 1408 16461400 1221 16341308 1300 1220 1408 13001608 163316081225 16401639163413051622 1318 165113041617 16151416 1404 1613141316 163514121415 1226 1413 131516 16271321 1608162614101412 1303 -Not to Scale--Not a Survey-Rev. 2/11/2016 Water Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property, 1635 Sherwood Street Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02005 Hugh Heier 1635 Sherwood Street View looking easterly along Sherwood Street View looking westerly along Sherwood Street Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8871-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.18 SUBJECT/RECOMMENDATION: Adopt Ordinance 8871-16 on second reading, annexing certain real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8871-16 ORDINANCE NO. 8871-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESSES ARE 2109 BURNICE DRIVE, 2173, 2174, AND 2185 BELL CHEER DRIVE, ALL WITHIN CLEARWATER, FLORIDA 33764, 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 property into the City pursuant to Section 171.044, Florida Statutes and the Interlocal Service Boundary Agreement authorized by Section 171.204, 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 (ANX2016-02006) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8871-16 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 ANX2016‐02006 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0200 Lot 20, and East 30 feet of Lot 19 2109 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. No. Parcel ID Legal Description Address 2. 24-29-15-06408-000-0170 Lot 17 2173 Bell Cheer Drive 3. 24-29-15-06408-000-0030 Lot 3 2174 Bell Cheer Drive 4. 24-29-15-06408-000-0180 Lot 18 2185 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. Exhibit B PROPOSED ANNEXATION Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR 606050 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 50 606060 60 60 50 80 6072144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 3321987 6 5 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 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL PLEASANT PKWY GROVE AVE (trail only)3421290 22102131211221722192216521812127214321732112211021172147214821552135214921671200 12762198215221172138212321092184214721552125217921392185213021072197212521062101210621572166216021182190211921252166211521732142219121182124214121352149216721571110 2111 1220 2143214321612100218721952178213021912188215421732160212221092116213021402199212421742100213321482191218512822134 -Not to Scale--Not a Survey-Rev. 2/11/2016 LOCATION MAP Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR DRUID RD S KEENE RD NURSERY RD LAKEVIEW RD S BELCHER RD S HERCULES AVE VIEWTOP DR STANCEL DR FAIRFIELD DR HIGHFIELD DR EASTFIELD DR BUGLE LN BURNICE DR HUNT LN EMBASSY DR WELLINGTON DR WEBER DR HAMLIN DR SEVER DR VIOLA DR WOODLEY RD MAGNOLIA DR CAMPUS DR DOROTHY DR BROOKSIDE RD SANDRA DR WHITACRE DR COLLEGE DR REGENT AVE ACADEMY DR BELL CHEER DR HUNTER LN KENDALL DR AMBASSADOR DR REBECCA DR JEFFORDS ST OXFORD DR ALEMANDA DR CATALINA DR SSEVARD AVE MANDARIN DR FOX CIR CORONET LN OAK GROVE DR DIPLOMAT DR BARCELONA DR MEADOW LN S UNIVERSITY DR REDCOAT LN IMPERIAL WAY RIPON DR OAK LAKE DR LEES CT CROYDON DR KENMOORE DR ALLEN DR CLAIBORNE DR ATTACHE CT REBECCA DR SANDRA DR JEFFORDS ST RIPON DR -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE ^ PROJECT SITES AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 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 DORADO PL DORADO PL PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 2/11/2016 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR 606050 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 50 606060 60 60 50 80 6072144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 3321987 6 5 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 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL PLEASANT PKWY GROVE AVE (trail only)3421290 22102131211221722192216521812127214321732112211021172147214821552135214921671200 12762198215221172138212321092184214721552125217921392185213021072197212521062101210621572166216021182190211921252166211521732142219121182124214121352149216721571110 2111 1220 2143214321612100218721952178213021912188215421732160212221092116213021402199212421742100213321482191218512822134 -Not to Scale--Not a Survey-Rev. 2/11/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Water View looking south at the subject property, 2109 Burnice Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02006 Gregory E. and Susan D. Bishop 2109 Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive View looking south at the subject property, 2173 Bell Cheer Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02006 Barbara A. Sofarelli Revocable Living Trust 2173 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2174 Bell Cheer Drive Across the street, south of the subject property East of the subject property West of the subject property ANX2016-02006 Gregory and Melaine Barnett 2174 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking south at the subject property, 2185 Bell Cheer Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02006 Michelle Marie Sofarelli 2185 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8872-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.19 SUBJECT/RECOMMENDATION: Adopt Ordinance 8872-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8872-16 ORDINANCE NO. 8872-16 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 SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESSES ARE 2109 BURNICE DRIVE, 2173, 2174, AND 2185 BELL CHEER DRIVE, ALL WITHIN CLEARWATER, FLORIDA 33764, 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) (ANX2016-02006) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8871-16. Ordinance No. 8872-16 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 ANX2016‐02006 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0200 Lot 20, and East 30 feet of Lot 19 2109 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. No. Parcel ID Legal Description Address 2. 24-29-15-06408-000-0170 Lot 17 2173 Bell Cheer Drive 3. 24-29-15-06408-000-0030 Lot 3 2174 Bell Cheer Drive 4. 24-29-15-06408-000-0180 Lot 18 2185 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. Exhibit B FUTURE LAND USE MAP Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR 606050 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 50 606060 60 60 50 80 6072144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 3321987 6 5 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 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL PLEASANT PKWY GROVE AVE (trail only)RL RL P RL RU WATER R/OS RU RU I342129022102131211221922165218121272143217321122110211721602147214821552135214921671200 12762122219821522117213821232109218421472155212521792139218521302107219721252116213021062101210621402157219921662160211821902119212521662115217321422191212421182124214121352149216721572111 1220 21432143216121332100218721912195213012822134219121882154217321722109217421001110214821782185-Not to Scale--Not a Survey-Rev. 2/17/2016 LOCATION MAP Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR DRUID RD S KEENE RD NURSERY RD LAKEVIEW RD S BELCHER RD S HERCULES AVE VIEWTOP DR STANCEL DR FAIRFIELD DR HIGHFIELD DR EASTFIELD DR BUGLE LN BURNICE DR HUNT LN EMBASSY DR WELLINGTON DR WEBER DR HAMLIN DR SEVER DR VIOLA DR WOODLEY RD MAGNOLIA DR CAMPUS DR DOROTHY DR BROOKSIDE RD SANDRA DR WHITACRE DR COLLEGE DR REGENT AVE ACADEMY DR BELL CHEER DR HUNTER LN KENDALL DR AMBASSADOR DR REBECCA DR JEFFORDS ST OXFORD DR ALEMANDA DR CATALINA DR SSEVARD AVE MANDARIN DR FOX CIR CORONET LN OAK GROVE DR DIPLOMAT DR BARCELONA DR MEADOW LN S UNIVERSITY DR REDCOAT LN IMPERIAL WAY RIPON DR OAK LAKE DR LEES CT CROYDON DR KENMOORE DR ALLEN DR CLAIBORNE DR ATTACHE CT REBECCA DR SANDRA DR JEFFORDS ST RIPON DR -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE ^ PROJECT SITES AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 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 DORADO PL DORADO PL PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 2/11/2016 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR 606050 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 50 606060 60 60 50 80 6072144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 3321987 6 5 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 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL PLEASANT PKWY GROVE AVE (trail only)3421290 22102131211221722192216521812127214321732112211021172147214821552135214921671200 12762198215221172138212321092184214721552125217921392185213021072197212521062101210621572166216021182190211921252166211521732142219121182124214121352149216721571110 2111 1220 2143214321612100218721952178213021912188215421732160212221092116213021402199212421742100213321482191218512822134 -Not to Scale--Not a Survey-Rev. 2/11/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Water View looking south at the subject property, 2109 Burnice Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02006 Gregory E. and Susan D. Bishop 2109 Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive View looking south at the subject property, 2173 Bell Cheer Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02006 Barbara A. Sofarelli Revocable Living Trust 2173 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2174 Bell Cheer Drive Across the street, south of the subject property East of the subject property West of the subject property ANX2016-02006 Gregory and Melaine Barnett 2174 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking south at the subject property, 2185 Bell Cheer Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02006 Michelle Marie Sofarelli 2185 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8873-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 8873-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2109 Burnice Drive, 2173, 2174 and 2185 Bell Cheer Drive, all within Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8873-16 ORDINANCE NO. 8873-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY SOUTH OF DRUID ROAD, EAST OF SOUTH HERCULES AVENUE, NORTH OF LAKEVIEW ROAD, AND WEST OF SOUTH BELCHER ROAD, WHOSE POST OFFICE ADDRESSES ARE 2109 BURNICE DRIVE, 2173, 2174, AND 2185 BELL CHEER DRIVE, ALL WITHIN CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8871-16. Property Zoning District See attached Exhibit A for legal descriptions Low Medium Density Residential (LMDR) (ANX2016-02006) Ordinance No. 8873-16 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 ANX2016‐02006 ========================================================================================= No. Parcel ID Legal Description Address 1. 24-29-15-31050-000-0200 Lot 20, and East 30 feet of Lot 19 2109 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. No. Parcel ID Legal Description Address 2. 24-29-15-06408-000-0170 Lot 17 2173 Bell Cheer Drive 3. 24-29-15-06408-000-0030 Lot 3 2174 Bell Cheer Drive 4. 24-29-15-06408-000-0180 Lot 18 2185 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. Exhibit B ZONING MAP Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR 606050 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 50 606060 60 60 50 80 6072144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 3321987 6 5 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 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL PLEASANT PKWY GROVE AVE (trail only)LMDR P I P 3421290 221021312112217221922165218121272143217321122110211721602147214821552135214921671200 12762122219821522117213821232109218421472155212521792139218521302107219721252116213021062101210621402157219921662160211821902119212521662115217321422191212421182124214121352149216721571110 2111 1220 214321432161213321002187219121952178213012822134219121882154217321092174210021482185-Not to Scale--Not a Survey-Rev. 2/11/2016 LOCATION MAP Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR DRUID RD S KEENE RD NURSERY RD LAKEVIEW RD S BELCHER RD S HERCULES AVE VIEWTOP DR STANCEL DR FAIRFIELD DR HIGHFIELD DR EASTFIELD DR BUGLE LN BURNICE DR HUNT LN EMBASSY DR WELLINGTON DR WEBER DR HAMLIN DR SEVER DR VIOLA DR WOODLEY RD MAGNOLIA DR CAMPUS DR DOROTHY DR BROOKSIDE RD SANDRA DR WHITACRE DR COLLEGE DR REGENT AVE ACADEMY DR BELL CHEER DR HUNTER LN KENDALL DR AMBASSADOR DR REBECCA DR JEFFORDS ST OXFORD DR ALEMANDA DR CATALINA DR SSEVARD AVE MANDARIN DR FOX CIR CORONET LN OAK GROVE DR DIPLOMAT DR BARCELONA DR MEADOW LN S UNIVERSITY DR REDCOAT LN IMPERIAL WAY RIPON DR OAK LAKE DR LEES CT CROYDON DR KENMOORE DR ALLEN DR CLAIBORNE DR ATTACHE CT REBECCA DR SANDRA DR JEFFORDS ST RIPON DR -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE ^ PROJECT SITES AERIAL PHOTOGRAPH Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 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 DORADO PL DORADO PL PLEASANT PKWY PLEASANT PKWY -Not to Scale--Not a Survey-Rev. 2/11/2016 EXISTING SURROUNDING USES MAP Owner(s): Multiple Owners Case: ANX2016-02006 Site: 2109 Burnice Drive 2173 Bell Cheer Drive 2174 Bell Cheer Drive 2185 Bell Cheer Drive Property Size(Acres): ROW (Acres): 1.029 Land Use Zoning PIN: 24-29-15-31050-000-0200 24-29-15-06408-000-0170 24-29-15-06408-000-0030 24-29-15-06408-000-0180 From : RL R-3 Atlas Page: 308B To: RL LMDR 606050 125 124 123 122 121 120 119 118 117 116 115 114 113 112 111 50 50 60 50 606060 60 60 50 80 6072144 064080642606444 31050 3 4 5 6 7 9 10 11 12 13141516 11 12 13 14 15 18 19 20 21 1 2 3321987 6 5 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 11/0911/0811/0511/03 A C 1 BURNICE DR S BELCHER RD BELL CHEER DR S UNIVERSITY DR DORADO PL PLEASANT PKWY GROVE AVE (trail only)3421290 22102131211221722192216521812127214321732112211021172147214821552135214921671200 12762198215221172138212321092184214721552125217921392185213021072197212521062101210621572166216021182190211921252166211521732142219121182124214121352149216721571110 2111 1220 2143214321612100218721952178213021912188215421732160212221092116213021402199212421742100213321482191218512822134 -Not to Scale--Not a Survey-Rev. 2/11/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Water View looking south at the subject property, 2109 Burnice Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02006 Gregory E. and Susan D. Bishop 2109 Burnice Drive View looking easterly along Burnice Drive View looking westerly along Burnice Drive View looking south at the subject property, 2173 Bell Cheer Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02006 Barbara A. Sofarelli Revocable Living Trust 2173 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking north at the subject property, 2174 Bell Cheer Drive Across the street, south of the subject property East of the subject property West of the subject property ANX2016-02006 Gregory and Melaine Barnett 2174 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive View looking south at the subject property, 2185 Bell Cheer Drive Across the street, north of the subject property East of the subject property West of the subject property ANX2016-02006 Michelle Marie Sofarelli 2185 Bell Cheer Drive View looking easterly along Bell Cheer Drive View looking westerly along Bell Cheer Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8874-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.21 SUBJECT/RECOMMENDATION: Adopt Ordinance 8874-16 on second reading, annexing certain real property whose post office address is 1484 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. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8874-16 ORDINANCE NO. 8874-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GROVE CIRCLE COURT APPROXIMATELY 170 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1484 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; 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 3, Grove Circle subdivision, according to the map or plat thereof, as recorded in the Plat Book 43, Page 29, Public Records of Pinellas County, Florida; (ANX2016-02007) 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 immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 8874-16 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): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR 60606060 83 83 337 50 3870 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 2 4 6 8 10 1 3 5 7 9 1 3 5 7 9 2 4 6 8 1033/04 33/06 33/05 2.4 1 2.5 6060 80B12345678 12345 16 17 18 19 20 1 225 26 2 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN LINWOOD DR GROVE CIRCLE CT ROSEMONT DR WESTON DR 147214611706 1507146614591745 15061608 1507145514731604148514801484 152516291460 14741 4 5 2 1607 1740 1611 1718 1722 15131625 145317001490 1471151914651711 1512146014791731 1512149114671617 15191606 1720 1454150714871519151815061488151315181721 1513162314781466 1619 1741 161514841627 1621 1705 -Not to Scale--Not a Survey-Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Location.docx LOCATION MAP Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR KINGS HWY N HIGHLAND AVE FLA G LER D R OTTEN ST SANDY LN LINWOOD DR GREENLEA DR FAIRMONT ST GENTRY ST CARLOS AVE WOOD AVE CROWN ST WESTON DR BARBARA AVE SCOTT ST ROSEMONT DR SHERWOOD ST WOODBINE ST PARKWOOD ST SPRINGDALE ST CAROLYN LN EAST DR BENTLEY ST WEST DR GROVE CIRCLE CT PAMELIA DR HEAVEN SENT LN SANDY LN -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR N HIGHLAND AVE N HIGHLAND AVE FAIRMONT ST FAIRMONT ST SANDY LN SANDY LN LINWOOD DR LINWOOD DR GROVE CIRCLE CT GROVE CIRCLE CT ROSEMONT DR ROSEMONT DR WESTON DR WESTON DR CARLOS AVE CARLOS AVE -Not to Scale--Not a Survey-Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR 60606060 83 83 337 50 3870 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 2 4 6 8 10 1 3 5 7 9 1 3 5 7 9 2 4 6 8 1033/04 33/06 33/05 2.4 1 2.5 6060 80B12345678 12345 16 17 18 19 20 1 225 26 2 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN LINWOOD DR GROVE CIRCLE CT ROSEMONT DR WESTON DR 147214611706 1507146614591745 15061608 1507145514731604148514801484 152516291460 14741 4 5 2 1607 1740 1611 1718 1722 15131625 145317001490 1471151914651711 1512146014791731 1512149114671617 15191606 1720 1454150714871519151815061488151315181721 1513162314781466 1619 1741 161514841627 1621 1705 -Not to Scale--Not a Survey-Rev. 2/11/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial Commercial Place of Worship Place of Worship Single Family Residential View looking north at the subject property, 1484 Grove Circle Ct. Across the street, south of the subject property East of the subject property West of the subject property ANX2016-01007 Diana L. Turner 1484 Grove Circle Court View looking easterly along Grove Circle Ct. View looking westerly along Grove Circle Ct. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8875-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.22 SUBJECT/RECOMMENDATION: Adopt Ordinance 8875-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1484 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8875-16 ORDINANCE NO. 8875-16 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 NORTH SIDE OF GROVE CIRCLE COURT APPROXIMATELY 170 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1484 GROVE CIRCLE COURT, CLEARWATER, FLORIDA 33755, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 3, Grove Circle subdivision, according to the map or plat thereof, as recorded in the Plat Book 43, Page 29, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2016-02007) 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, contingent upon and subject to the adoption of Ordinance No. 8874-16. Ordinance No. 8875-16 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): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR 60606060 83 83 337 50 3870 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 2 4 6 8 10 1 3 5 7 9 1 3 5 7 9 2 4 6 8 1033/04 33/06 33/05 2.4 1 2.5 6060 80B12345678 12345 16 17 18 19 20 1 225 26 2 21/011 A C(C) A C I RL I CG RU RU RU RU RU RU RU N HIGHLAND AVE FAIRMONT ST SANDY LN LINWOOD DR GROVE CIRCLE CT ROSEMONT DR WESTON DR 147214611706 146614591745 15061608 150714731604148514801484 152516291460 14741 4 5 2 1607 1740 1611 1718 15131625 145317001490 147115191711 151214791512149114671617 151916061454 150714871519151815061488151315181721 15131623 150714551722 14781466146514601731 1619 1720 1741 161514841627 1621 1705 -Not to Scale--Not a Survey-Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Location.docx LOCATION MAP Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR KINGS HWY N HIGHLAND AVE FLA G LER D R OTTEN ST SANDY LN LINWOOD DR GREENLEA DR FAIRMONT ST GENTRY ST CARLOS AVE WOOD AVE CROWN ST WESTON DR BARBARA AVE SCOTT ST ROSEMONT DR SHERWOOD ST WOODBINE ST PARKWOOD ST SPRINGDALE ST CAROLYN LN EAST DR BENTLEY ST WEST DR GROVE CIRCLE CT PAMELIA DR HEAVEN SENT LN SANDY LN -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR N HIGHLAND AVE N HIGHLAND AVE FAIRMONT ST FAIRMONT ST SANDY LN SANDY LN LINWOOD DR LINWOOD DR GROVE CIRCLE CT GROVE CIRCLE CT ROSEMONT DR ROSEMONT DR WESTON DR WESTON DR CARLOS AVE CARLOS AVE -Not to Scale--Not a Survey-Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR 60606060 83 83 337 50 3870 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 2 4 6 8 10 1 3 5 7 9 1 3 5 7 9 2 4 6 8 1033/04 33/06 33/05 2.4 1 2.5 6060 80B12345678 12345 16 17 18 19 20 1 225 26 2 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN LINWOOD DR GROVE CIRCLE CT ROSEMONT DR WESTON DR 147214611706 1507146614591745 15061608 1507145514731604148514801484 152516291460 14741 4 5 2 1607 1740 1611 1718 1722 15131625 145317001490 1471151914651711 1512146014791731 1512149114671617 15191606 1720 1454150714871519151815061488151315181721 1513162314781466 1619 1741 161514841627 1621 1705 -Not to Scale--Not a Survey-Rev. 2/11/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial Commercial Place of Worship Place of Worship Single Family Residential View looking north at the subject property, 1484 Grove Circle Ct. Across the street, south of the subject property East of the subject property West of the subject property ANX2016-01007 Diana L. Turner 1484 Grove Circle Court View looking easterly along Grove Circle Ct. View looking westerly along Grove Circle Ct. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8876-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.23 SUBJECT/RECOMMENDATION: Adopt Ordinance 8876-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1484 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8876-16 ORDINANCE NO. 8876 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GROVE CIRCLE COURT APPROXIMATELY 170 FEET WEST OF HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1484 GROVE CIRCLE COURT, 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 immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8874-16. Property Zoning District Lot 3, Grove Circle subdivision, according to the map or plat thereof, as recorded in the Plat Book 43, Page 29, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2016-02007) Ordinance No. 8876-16 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): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR 60606060 83 83 337 50 3870 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 2 4 6 8 10 1 3 5 7 9 1 3 5 7 9 2 4 6 8 1033/04 33/06 33/05 2.4 1 2.5 6060 80B12345678 12345 16 17 18 19 20 1 225 26 2 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN LINWOOD DR GROVE CIRCLE CT ROSEMONT DR WESTON DR I LMDR C I1472146117061507146614591745150616081507145514731604148514801484 152516291460 14741 4 5 2 1607 1740 1611 1718 1722 15131625 145317001490 1471151914651711 1512146014791731 1512149114671617 15191606 1720 1454150714871519151815061488151315181721 1513162314781466 1619 1741 161514841627 1621 1705 -Not to Scale--Not a Survey-Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Location.docx LOCATION MAP Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR KINGS HWY N HIGHLAND AVE FLA G LER D R OTTEN ST SANDY LN LINWOOD DR GREENLEA DR FAIRMONT ST GENTRY ST CARLOS AVE WOOD AVE CROWN ST WESTON DR BARBARA AVE SCOTT ST ROSEMONT DR SHERWOOD ST WOODBINE ST PARKWOOD ST SPRINGDALE ST CAROLYN LN EAST DR BENTLEY ST WEST DR GROVE CIRCLE CT PAMELIA DR HEAVEN SENT LN SANDY LN -Not to Scale--Not a Survey-Rev. 2/11/2016 ^ PROJECT SITE S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Aerial.docx AERIAL PHOTOGRAPH Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR N HIGHLAND AVE N HIGHLAND AVE FAIRMONT ST FAIRMONT ST SANDY LN SANDY LN LINWOOD DR LINWOOD DR GROVE CIRCLE CT GROVE CIRCLE CT ROSEMONT DR ROSEMONT DR WESTON DR WESTON DR CARLOS AVE CARLOS AVE -Not to Scale--Not a Survey-Rev. 2/11/2016 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Up for CC1\Grove Circle Ct 1484 ANX2016- 02007\Maps\ANX2016-02007 Existing.docx EXISTING SURROUNDING USES MAP Owner(s): Diana L. Turner Case: ANX2016-02007 Site: 1484 Grove Circle Court Property Size(Acres): ROW (Acres): 0.233 Land Use Zoning PIN: 02-29-15-33750-000-0030 From : RL R-3 Atlas Page: 261B To: RL LMDR 60606060 83 83 337 50 3870 1 23 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 2 4 6 8 10 1 3 5 7 9 1 3 5 7 9 2 4 6 8 1033/04 33/06 33/05 2.4 1 2.5 6060 80B12345678 12345 16 17 18 19 20 1 225 26 2 21/011 A C(C) A C N HIGHLAND AVE FAIRMONT ST SANDY LN LINWOOD DR GROVE CIRCLE CT ROSEMONT DR WESTON DR 147214611706 1507146614591745 15061608 1507145514731604148514801484 152516291460 14741 4 5 2 1607 1740 1611 1718 1722 15131625 145317001490 1471151914651711 1512146014791731 1512149114671617 15191606 1720 1454150714871519151815061488151315181721 1513162314781466 1619 1741 161514841627 1621 1705 -Not to Scale--Not a Survey-Rev. 2/11/2016 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial Commercial Place of Worship Place of Worship Single Family Residential View looking north at the subject property, 1484 Grove Circle Ct. Across the street, south of the subject property East of the subject property West of the subject property ANX2016-01007 Diana L. Turner 1484 Grove Circle Court View looking easterly along Grove Circle Ct. View looking westerly along Grove Circle Ct. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8897-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.24 SUBJECT/RECOMMENDATION: Adopt Ordinance 8897-16 on third reading, annexing certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8897-16 ORDINANCE NO. 8897-16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF GROVE DRIVE, APPROXIMATELY 330 FEET NORTH OF STATE ROAD 590, WHOSE POST OFFICE ADDRESS IS 1712 GROVE DRIVE, CLEARWATER, FLORIDA 33759, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 4, Block 4, Virginia Grove Terrace First Addition, according to the map or plat thereof, as recorded in the Plat Book 37, Page 62, Public Records of Pinellas County, Florida. (ANX2014-10021) 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 immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. 2 Ordinance No. 8897-16 PASSED ON FIRST READING (AS ORDINANCE NO. 8627-15) PASSED ON SECOND READING PASSED ON THIRD 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): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN W281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27701700 1729 1733 27202760275427302760276627221712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 17501749 1724 1765 1724 16 2738-Not to Scale--Not a Survey- S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Location Map.docx Location Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A ^ PROJECT SITE US-19-Not to Scale--Not a Survey- S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Aerial.docx Aerial Photograph Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A SR 590 SR 590 LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR EL TRINDAD DR EEL TRINDAD DR ECOUNTRY LN WCOUNTRY LN W-Not to Scale--Not a Survey- S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Proposed Annexation.docx Proposed Annexation Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN W281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27701700 1729 1733 27202760275427302760276627221712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 17501749 1724 1765 1724 16 2738-Not to Scale--Not a Survey- S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 FLU.docx Future Land Use Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A RLRL RL RL RLRL RL RU SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN W281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 1700 1729 1733 2720276027542730276027662722RL RU RU 1712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1725 1736 1740 1750 1725 1749 1724 1765 1724 277016 2738-Not to Scale--Not a Survey-RL S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Zoning.docx Zoning Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN WLMDR 281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27701700 1729 1733 27202760275427302760276627221712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 1750 1733 1749 1724 1765 1724 16 2738-Not to Scale--Not a Survey-LMDR S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Existing Uses.docx Existing Surrounding Uses Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN W281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27701700 1729 1733 27202760275427302760276627221712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 17501749 1724 1765 1724 16 2738-Not to Scale--Not a Survey-Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property, 1712 Grove Drive Across the street, to the east of the subject property South of the subject propertyNorth of the subject property View looking northerly along Grove Drive View looking southerly along Grove Drivegyggyg ANX2014-10021 Mike and Kathryn Lohmeyer 1712 Grove Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8899-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.25 SUBJECT/RECOMMENDATION: Adopt Ordinance 8899-16 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8899-16 ORDINANCE NO. 8899-16 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 GROVE DRIVE, APPROXIMATELY 330 FEET NORTH OF STATE ROAD 590, WHOSE POST OFFICE ADDRESS IS 1712 GROVE DRIVE, 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 immediately upon adoption, contingent upon and subject to the adoption of Ordinance No.8897-16. Property Zoning District Lot 4, Block 4, Virginia Grove Terrace First Addition, according to the map or plat thereof, as recorded in the Plat Book 37, Page 62, Public Records of Pinellas County, Florida. Low Medium Density Residential (LMDR) (ANX2014-10021) 2 Ordinance No. 8899-16 PASSED ON FIRST READING (AS ORDINANCE NO. 8629-15) PASSED ON SECOND READING PASSED ON THIRD 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): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN WLMDR 281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27701700 1729 1733 27202760275427302760276627221712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 1750 1733 1749 1724 1765 1724 16 2738-Not to Scale--Not a Survey-LMDR S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Location Map.docx Location Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A ^ PROJECT SITE US-19-Not to Scale--Not a Survey- S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Aerial.docx Aerial Photograph Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A SR 590 SR 590 LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR EL TRINDAD DR EEL TRINDAD DR ECOUNTRY LN WCOUNTRY LN W-Not to Scale--Not a Survey- S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Proposed Annexation.docx Proposed Annexation Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN W281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27701700 1729 1733 27202760275427302760276627221712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 17501749 1724 1765 1724 16 2738-Not to Scale--Not a Survey- S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 FLU.docx Future Land Use Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A RLRL RL RL RLRL RL RU SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN W281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 1700 1729 1733 2720276027542730276027662722RL RU RU 1712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1725 1736 1740 1750 1725 1749 1724 1765 1724 277016 2738-Not to Scale--Not a Survey-RL S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Zoning.docx Zoning Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN WLMDR 281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27701700 1729 1733 27202760275427302760276627221712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 1750 1733 1749 1724 1765 1724 16 2738-Not to Scale--Not a Survey-LMDR S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Existing Uses.docx Existing Surrounding Uses Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN W281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27701700 1729 1733 27202760275427302760276627221712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 17501749 1724 1765 1724 16 2738-Not to Scale--Not a Survey-Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property, 1712 Grove Drive Across the street, to the east of the subject property South of the subject propertyNorth of the subject property View looking northerly along Grove Drive View looking southerly along Grove Drivegyggyg ANX2014-10021 Mike and Kathryn Lohmeyer 1712 Grove Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 8898-16 Agenda Date: 5/5/2016 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.26 SUBJECT/RECOMMENDATION: Adopt Ordinance 8898-16 on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 5/4/2016 Ordinance No. 8898-16 ORDINANCE NO. 8898-16 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 GROVE DRIVE, APPROXIMATELY 330 FEET NORTH OF STATE ROAD 590, WHOSE POST OFFICE ADDRESS IS 1712 GROVE DRIVE, 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 4, Block 4, Virginia Grove Terrace First Addition, according to the map or plat thereof, as recorded in the Plat Book 37, Page 62, Public Records of Pinellas County, Florida. Residential Low (RL) (ANX2014-10021) 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, contingent upon and subject to the adoption of Ordinance No. 8897-16. 2 Ordinance No. 8898-16 PASSED ON FIRST READING (AS ORDINANCE NO. 8628-15) PASSED ON SECOND READING PASSED ON THIRD 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): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A RLRL RL RL RLRL RL RU SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN W281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 1700 1729 1733 2720276027542730276027662722RL RU RU 1712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1725 1736 1740 1750 1725 1749 1724 1765 1724 277016 2738-Not to Scale--Not a Survey-RL S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Location Map.docx Location Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A ^ PROJECT SITE US-19-Not to Scale--Not a Survey- S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Aerial.docx Aerial Photograph Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A SR 590 SR 590 LUCAS DR LUCAS DR GROVE DR GROVE DR THOMAS DR THOMAS DR EL TRINDAD DR EEL TRINDAD DR ECOUNTRY LN WCOUNTRY LN W-Not to Scale--Not a Survey- S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Proposed Annexation.docx Proposed Annexation Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN W281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27701700 1729 1733 27202760275427302760276627221712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 17501749 1724 1765 1724 16 2738-Not to Scale--Not a Survey- S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 FLU.docx Future Land Use Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A RLRL RL RL RLRL RL RU SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN W281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 1700 1729 1733 2720276027542730276027662722RL RU RU 1712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1725 1736 1740 1750 1725 1749 1724 1765 1724 277016 2738-Not to Scale--Not a Survey-RL S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Zoning.docx Zoning Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN WLMDR 281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27701700 1729 1733 27202760275427302760276627221712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 1750 1733 1749 1724 1765 1724 16 2738-Not to Scale--Not a Survey-LMDR S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Grove Drive 1712 ANX2014-10021 - Lohmeyer\Maps\ANX2014- 10021 Existing Uses.docx Existing Surrounding Uses Map Owner(s): Mike and Kathryn Lohmeyer Case: ANX2014-10021 Site: 1712 Grove Drive Property Size(Acres): ROW Size (Acres): 0.19 Land Use Zoning PIN: 05-29-16-94338-004-0040 From : To: RL R-3 RL LMDR Atlas Page: 264A 66 66 66 669437494356943206554422 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 1318 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 60505060 5 18 19 20 38 39234567891011 1213141516 17 18192021 TRACT A SR 590 LUCAS DR GROVE DR THOMAS DR EL TRINDAD DR ECOUNTRY LN W281328051608 1612278527772771276527592753 27122713272327292735274127471705 1721 1731 1700 1704 1708 1712 1716 1720 1728 1732 1736 1740 1709 1713 1717 1721 1725 1729 1704 1716 1720 1724 1728 1734 1746 1751 1717 1721 1725 1729 1733 1737 1741 1745 1744 1715 1705 1701 1704 1708 1716 1712 1720 1728 1732 1740 1748 1736 1701 1705 1709 1721 1717 1737 1741 1747 1753 1704 1708 1712 1716 1720 1728 1732 1736 1740 1746 1752 1733 1737 1741 1747 27701700 1729 1733 27202760275427302760276627221712 160 16112753 1751 1759 28001705 1709 1713 1717 1727 1739 1745 1724 1748 1756 1736 1740 17501749 1724 1765 1724 16 2738-Not to Scale--Not a Survey-Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property, 1712 Grove Drive Across the street, to the east of the subject property South of the subject propertyNorth of the subject property View looking northerly along Grove Drive View looking southerly along Grove Drivegyggyg ANX2014-10021 Mike and Kathryn Lohmeyer 1712 Grove Drive Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2424 Agenda Date: 5/5/2016 Status: City Manager ReportVersion: 2 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Amend Council Rule 15, Rules of Decorum, to reflect new title, Rules of Conduct and adopt Resolution 16-13. SUMMARY: Vice Mayor Jonson has submitted the following for council consideration: ·Rule 15, Rules of Decorum o Change title to: Rules of Conduct. The rule is not intended to override other rules of decorum provided in Robert’s Rules of Order. At the May 2, 2016 work session, there was consensus to pursue the amendment. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 5/4/2016 COUNCIL RULES RULE 1 SCHEDULING COUNCIL MEETINGS/WORK SESSION AGENDAS (1) The City Council shall meet on the first and third Thursdays of each month at 6:00 p.m. in its chamber. However, in July, the City Council shall hold one regular night meeting on the third Thursday of the month. There will be no regular meeting on the third Thursday of December or the first Thursday of January. The Council will make this determination at the time the annual meeting calendar is being compiled. The day of the meeting may be changed by majority vote of the Council. (2) Except as may be rescheduled from time to time when necessary due to conflict, a work session shall be held at 1:00 p.m. on the first working day of the Council meeting week. Work sessions are primarily designed for information gathering and guidance, and no formal Council decision approving or disapproving an agenda item or items scheduled for public hearing may be made. No public input will be accepted at work sessions except by consensus of Council. Only items on the work session agenda will be discussed. Items not on the agenda may be brought up by the Council or staff during the work session asking they be scheduled for subsequent meetings or work sessions. (3) Community meetings will be scheduled as requested by the Council. RULE 2 REQUIREMENTS FOR QUORUM A quorum for the transaction of business by the City Council shall consist of three (3) Councilmembers. RULE 3 MANDATORY MEETING ATTENDANCE FOR CITY OFFICIALS The City officials whose regular attendance shall be required during the sittings of the Council shall be the City Clerk, City Manager and City Attorney or their substitutes. Revised 05-07-2015 by Resolution 15-13 1 RULE 4 DUTIES AND RESPONSIBILITIES OF “CHAIR” The Mayor shall be the presiding officer of the City Council, and shall be referred to as the “Chair” when sitting in that capacity. In case of the absence of the Mayor, the Vice- Mayor shall assume those responsibilities, and if both are absent, the senior Councilmember in years of service shall preside. The Chair shall preserve order. The Chair may call to order any member of the Council who shall violate any of the rules; and shall decide all questions of order, subject to a majority vote on a motion to appeal. The Chair shall recognize all members who seek the floor as provided in Rule 8. The Chair shall not make or second a motion. RULE 5 DUTIES OF VICE-MAYOR IN ABSENCE OF MAYOR Pursuant to Charter section 2.05, "the Vice-Mayor shall act as Mayor during the absence or inability of the Mayor to perform the duties of the office of the Mayor." For the purpose of that section, the Mayor shall be considered absent if there are duties of the office which must be performed and the Mayor is not present and able to perform them. RULE 6 ORDER OF BUSINESS (1) The order of business for a regular meeting shall ordinarily be: A. Invocation B. Pledge C. 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.) D. Minutes of previous meetings E. Citizens to be heard regarding items not on agenda. Each speaker will be asked to give their name and address and to limit their comments to a maximum of three minutes. F. Consent Agenda G. Public hearings (not before 6:00 p.m.) Revised 05-07-2015 by Resolution 15-13 2 Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Council questions. 4. Comments in support and comments in opposition. See subsection (3) below regarding time limitations for speakers. 5. Council questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. Council motion to determine disposition. Quasi-judicial 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. See subsection (3) below regarding time limitations for speakers. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. Second Reading of Ordinances 1. Public comment. See subsection (3) below regarding time limitations for speakers. All time limits may be extended upon request, and upon approval of request by majority of City Council. H. City Manager reports. I. City Attorney reports. J. Council Discussion Items (work session only) K. Other Council action (if agendaed from work session) L. Closing comments by Councilmembers (limited to 3 minutes) M. Closing comments by Mayor. Revised 05-07-2015 by Resolution 15-13 3 The order of business for a worksession meeting shall ordinarily be: a. Presentations b. Departmental Review of upcoming Council Agenda items c. City Manager Verbal Reports d. City Attorney Verbal Reports e. Council Discussion Items (agenda via City Manager) f. New business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1 Paragraph (2) (2) Motion process for agenda items with Ordinances or Resolutions: agenda items will be presented by staff followed by questions by Council, public input, a motion and second on the agenda item, discussion/comments by Council, vote, a motion and second on the ordinance or resolution, discussion/comments by Council, and vote. Motion process for other agenda items: agenda items will be presented by staff, questions by Council, public input, a motion and second on the agenda item, discussion/comments by Council, and vote. (3) Public comments in support or opposition of items before the Council shall be limited to a total of 60 minutes, which can be extended upon Council approval. Unless otherwise specified, persons speaking before the City Council shall be limited to three minutes per speaker. Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes. A form will be provided to document the request for additional time and those agreeing to waive their right to speak. No person shall speak more than once on the same subject at the same meeting unless granted permission by the City Council. When time limits are set for speakers, unused time cannot be passed from one speaker to another. Extensions of time limits can be given if approved by the Chair. RULE 7 AGENDA/EXPENDITURE OF FUNDS/ WAIVER OR CHANGE OF RULES (A) The City Manager or City Attorney may agenda an item. Any Council item must be agendaed for discussion at a work session prior to the item being placed on a Council Agenda. Any citizen may request a member to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Council may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Council upon the motion of any Councilmember. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. Revised 05-07-2015 by Resolution 15-13 4 (B) Except for items advertised for public hearing, items may be removed from the agenda. Emergency items may be added to the agenda by the City Manager or City Attorney without prior notice. Councilmember requested items that have not been considered at a work session can be discussed at a Council meeting upon a majority vote of the council to do so. The agenda may be reordered. (C) Any expenditure of funds requiring Council action must be on the agenda, with appropriate support material. No action may be taken on expenditures not on the agenda unless the Council determines by the affirmative vote of a majority plus one to permit action to be taken. (D) The rules may be waived or changed only upon the affirmative vote of a majority plus one. RULE 8 DEBATE OF MOTIONS, TIE VOTES Council may discuss an agenda item after a motion being made. Such discussion may be interactive between the Councilmembers and may be ended at any time by a motion to call the question. Otherwise, any member of the Council making a motion shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recognize any person who seeks the floor while entitled to it. When a motion is made and seconded, it shall be stated by the Chair, if necessary, before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor, unless a vote to call the question passes. A tie vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Councilmember. Revised 05-07-2015 by Resolution 15-13 5 RULE 9 NON-DEBATABLE MOTIONS The following motions are not debatable: To adjourn; To lay on the table; To take from the table; Call the previous question. RULE 10 RECONSIDERATION Any member of the Council who voted with the prevailing side may move a reconsideration of any action of the whole Council provided that the motion be made at the same meeting at which the action was taken. A motion to reconsider shall be in order at any time (during the meeting at which the action was taken) except when a motion on some other subject is pending. No motion to reconsider shall be made more than once on any subject or matter at the same meeting. RULE 11 RESCISSION OF COUNCIL ACTION Council action may be rescinded by a majority vote. The motion may be made by any Councilmember. RULE 12 BREAKS/RECESSES The Council shall, at the direction of the Chair, take a break as needed and may recess for meals if the members of the City Council agree by their vote. RULE 13 COUNCIL MINUTES Copies of the minutes of regular meetings shall be furnished prior to the next meeting. Such minutes shall stand confirmed at the regular meeting of the Council without the reading thereof in open meeting unless some inaccuracy or error be pointed out by some member of the Council present, and in such event, an appropriate correction shall be made. Upon request, the City Manager will cause the City Clerk to provide any Councilmember with transcribed excerpts of tapes of City Council meetings. Revised 05-07-2015 by Resolution 15-13 6 RULE 14 RULES OF ORDER Except as provided herein, or as may be required by Florida law or the City Charter, the rules of the City Council for the conduct of its business shall be as provided in the most recent edition of Robert’s Rules of Order. RULE 15 RULES OF DECORUM At all times, the Council, staff and public shall conduct themselves in a respectful and civil manner. The Chair shall rule out of order any person who, in the Chair’s determination, is making obscene, profane, impertinent, irrelevant, immaterial, inflammatory statements or inciting violence or fighting. The determination of the Chair or a majority of the Council shall be final on such matters. No member of the audience shall, during a Council Meeting, make or cause to be made any audible or disruptive sound or noise. Signs or graphic displays of any kind shall not be displayed in Council chambers, except in connection with a presentation made to the Council by a speaker at the podium. All persons shall at all times conduct themselves in accordance with these rules and failing such shall be removed from the Council Chambers. In the event of such removal such person shall not thereafter be readmitted to the Council Chambers during the same meeting. The Chair may recess the meeting, if deemed necessary, in order to restore order. Revised 05-07-2015 by Resolution 15-13 7 Resolution No. Date Adopted 77-44 5-12-77 77-129 11-23-77 78-65 6-01-78 80-62 5-15-80 80-101 9-19-80 80-118 11-06-80 81-32 4-16-81 81-92 8-06-81 82-33 4-01-82 82-36 4-15-82 82-115 12-16-82 82-119 12-16-82 83-42 4-07-83 83-75 7-07-83 85-47 6-20-85 86-18 2-20-86 86-30 5-01-86 88-61 12-01-88 89-21 4-20-89 92-79 12-17-92 93-04 1-07-93 93-44 7-01-93 93-45 7-01-93 93-75 12-02-93 94-8 1-03-94 94-16 1-31-94 94-31 4-21-94 94-67 8-15-94 94-74 9-15-94 95-16 2-02-95 95-35 3-16-95 95-77 10-05-95 96-11 1-18-96 96-68 10-17-96 01-43 12-13-01 06-21 03-16-06 07-32 10-17-07 10-11 10-21 12-17 14-18 15-13 03-18-10 08-05-10 10-04-12 05-15-14 05-07-15 Revised 05-07-2015 by Resolution 15-13 8 Resolution No. 16-13 RESOLUTION NO. 16-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; AMENDING RULE 15, CHANGING RULE TITLE TO RULES OF CONDUCT; PROVIDING AN EFFECTIVE DATE. WHEREAS, THE Council desires to amend the rules to facilitate efficient meetings; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Rule 15, Council Rules, is amended as follows: RULES OF DECORUM CONDUCT At all times, the Council, staff and public shall conduct themselves in a respectful and civil manner. The Chair shall rule out of order any person who, in the Chair’s determination, is making obscene, profane, impertinent, irrelevant, immaterial, inflammatory statements or inciting violence or fighting. The determination of the Chair or a majority of the Council shall be final on such matters. No member of the audience shall, during a Council Meeting, make or cause to be made any audible or disruptive sound or noise. Signs or graphic displays of any kind shall not be displayed in Council chambers, except in connection with a presentation made to the Council by a speaker at the podium. All persons shall at all times conduct themselves in accordance with these rules and failing such shall be removed from the Council Chambers. In the event of such removal such person shall not thereafter be readmitted to the Council Chambers during the same meeting. The Chair may recess the meeting, if deemed necessary, in order to restore order. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2011. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: _______________________________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#16-2432 Agenda Date: 5/5/2016 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Review Council Policies and provide direction. SUMMARY: Staff is recommending the following changes: ·Page 20, Policy L, Distribution of Council Correspondence o Amend last sentence of second paragraph to read, “Mail will be delivered to the Council at least once per week, or as needed.” ·Page 21, Policy M, Strategic Planning o Amend title to read, “Strategic Direction/Planning.” o Amend policy statement to read, “Each year the City Council shall meet in a strategic direction/planning session(s) as part of the budget preparation process. The meeting(s) will review the five-year financial forecast and update as necessary, the City’s Mission, Values and Vision Statements. From these documents, a five-year strategic plan will may be developed or revised. The five-year strategic plan will become the basis for the annual City Manager and City Attorney Objectives, and the City’s annual budget process for the next fiscal year.” ·Page 23, Policy B, Sparkling Clearwater o Amend title to read, “Sparkling Clearwater Bright and Beautiful.” o Amend the policy statement to read, “In order to maintain and enhance the image of Sparkling Bright and Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e., fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e., placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed.” Since the May 2 work session, staff incorporated the following policy (Page 17, Policy U, Audit Committee) that was adopted by the City Council on November 30, 2009: It is a policy of the City Council to have an Audit Committee for the selection of a Certified Public Accounting firm for the annual audit, in compliance with Section 218.391, Florida Page 1 City of Clearwater Printed on 5/4/2016 File Number: ID#16-2432 Statutes. The Audit Committee will be appointed by the City Council and may be comprised of Council members, Council appointees, and/or City employees as determined by the City Council. The Audit Committee will be responsible to solicit proposals via a competitive RFP process every five years at a minimum. The Audit Committee may also manage the audit process as appropriate. Vice Mayor Jonson has submitted the following for council consideration: ·Page 8, (7), Portfolio Composition, Risk and Diversification o Spell out abbreviations for CMOs and REMIC §Staff concurs with the recommended change. §Amend the policy statement to read, “Assets held shall be diversified to control risk of loss resulting from over-concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25%CMOs* and REMIC**33% * Collateralized Mortgage Obligations ** Real Estate Mortgage Investment Conduits ” ·Page 18, D(3), Citizen Inquiries - Responses o Consider revising the current policy with one of the following options: §Previous wording Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Council members, will be answered factually by the Mayor with an introductory phrase of "On behalf of the Clearwater City Council." When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. §Wording adopted after considerable discussion on 10/4/2012: Inquiries addressed to the whole Council, whether in one letter (or email) or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. §Possible alternative Inquiries addressed to the whole Council, whether in one letter (or Page 2 City of Clearwater Printed on 5/4/2016 File Number: ID#16-2432 email) or duplicate letters to all Councilmembers, will be routed to the appropriate staff to draft a factual response. The draft response will be provided to all Councilmembers for their individual replies. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 3 City of Clearwater Printed on 5/4/2016 i As approved at 11-20-14 Council Meeting CITY COUNCIL POLICIES Adopted 11-20-2014 ii As approved at 11-20-14 Council Meeting CITY COUNCIL POLICIES TABLE OF CONTENTS Boards ....................................................................................................... Page 1 Representative Balance......................................................................................1A Ad Hoc Committee..............................................................................................1B City Representatives on Non-City Boards.......................................................... 1C Non-Board Business Functions Sunshine Law.................................................. 1D Special Request..................................................................................................1E Input to Other Boards/Committees......................................................................1F Letterhead..........................................................................................................1G Campaign Material During Meetings.................................................................. 1H Input from Advisory Boards.................................................................................1 I Advisory Board Appreciation...............................................................................1J Budget ................................................................................................ Pages 2-17 Balanced Budget.................................................................................................2A Maintenance of Capital Plant and Equipment.....................................................2B Budget Review Process..................................................................................... 2C Budgetary Position Control ................................................................................ 2D General Fund Unappropriated Retained Earnings..............................................2E Capital Improvement Budget and Capital Improvement Plan .............................2F Road Millage......................................................................................................3G Enterprise Funds................................................................................................ 3H Enterprise Fund Transfer Payment.....................................................................3 I Interfund Administrative Charge..........................................................................3J Interfund Other Service Charge..........................................................................4K CRA Contribution to General Fund.....................................................................4L Special Events Fee............................................................................................4M Accounting Procedures...................................................................................... 5N Review of Rate Schedules.................................................................................5O Review of Annual Audit.......................................................................................5P Investment Policy...............................................................................................5Q Debt Management Policy................................................................................. 11R Central Insurance Reserve Policy.....................................................................15S Clearwater Gas System Gas Supply Hedging Policy........................................15T Audit Committee .............................................................................................. 17U City Council...................................................................................... Pages 18-21 Resolutions.......................................................................................................18A Proclamations...................................................................................................18B Representation on Boards ............................................................................... 18C Citizen Inquiries-Responses ............................................................................ 18D Departing Councilmembers’ Gifts .....................................................................19E Travel................................................................................................................19F Fund Raisers ...................................................................................................19G Staff Projects ................................................................................................... 19H Annual Events....................................................................................................19I Televising Council Meetings .............................................................................20J Information Available to Public and Press.........................................................20K Distribution of Correspondence ........................................................................20L Strategic Direction/Planning.............................................................................21M iii As approved at 11-20-14 Council Meeting Table of Contents (contd.) City Employees....................................................................................... Page 22 Participating in Auctions....................................................................................22A Reimbursement of certain meal event……………………………………………..22B General Administration ................................................................... Pages 23-26 Application Fee Waivers...................................................................................23A Sparkling ClearwaterBright and Beautiful .........................................................23B Fire Lanes........................................................................................................ 23C Copyright Fees................................................................................................. 24D Renewal............................................................................................................24E Stationery..........................................................................................................24F Welcome Letters..............................................................................................24G Citizens to be Heard Response ....................................................................... 24H Special Event Street Closure Limitation.…………………………………………...24I Roadside Memorial Marker Program...………………………………………….….24J City Sponsored Events………………………………………………………………26K Courtney Campbell Parkway (State Road 60) Welcome Signage Program…..26L Land Development........................................................................... Pages 27-28 Annexation Agreements....................................................................................27A Subdivision Monuments....................................................................................27B Petitions for Annexation................................................................................... 27C Landscaping of City Roads.............................................................................. 27D Parks & Recreation Card to Annexing Property................................................27E Waiver/reduction of Liens…………………………………………………………...28F Legal ........................................................................................................ Page 29 Case Reports....................................................................................................29A Leisure.............................................................................................. Pages 30-32 Holiday Decorations..........................................................................................30A Library Donor Naming Recognition………………………………………………...30B Amplification of Sound at City Venues…………………………………………… 30C Ages 12-13 Supervised Use of City Recreation Fitness Facilities………………31D 1 As approved at 11-20-14 Council Meeting CITY COUNCIL POLICY BOARDS A.Representative Balance. When making appointments to a board, the City Council will strive to assure the board has a balance of race, gender and geographical area of the City represented. B.Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. C.City Representatives on Non-City Boards. Citizens appointed by City Council to be the City’s representatives on non-City Boards will serve no more than three consecutive terms, at the discretion of City Council. The representatives shall keep the Council informed of the activities of the boards. D.Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions. E.Special Request. Requests for special reports on projects will require Council or City Manager’s approval prior to staff commencing efforts in this regard. F.Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. G. Letterhead. Advisory Board letterhead may be used and staff assists when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. H.Campaign Material during Meetings. During City Council and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot. I.Input from Advisory Boards. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council’s agenda items. J.Advisory Board Appreciation.Each recipient of an invitation to the Annual Advisory Board Appreciation event may bring one guest. Members should attend at least one meeting prior to being invited to the annual event. 2 As approved at 11-20-14 Council Meeting CITY COUNCIL POLICY BUDGET and FINANCE A.Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City’s practice of holding investments until maturity. B.Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City’s budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. C.Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report and an annual operating budget comparing actual versus budgeted revenue and expense activity. D.Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the City Council. E.General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to ½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager’s quarterly budget report. F.Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. 3 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) G.Road Millage. In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. H.Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. I.Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth, and replaced prior years' policy of a prescribed dollar contribution.Other than the exceptions noted below, the rate of 4.5% remained in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995/96. The Gas System Dividend will be a minimum of $1,700,000 plus a PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. When the Gas System Net Income less Bond Interest Earnings exceeds $3.4 million for any fiscal year, the Gas Dividend payment for the next fiscal year will be one half of that amount. In September 2000, with the adoption of the 2001/02 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the PILOT. J.Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating 4 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325,000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. K.Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. L.CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. M.Special Event Fees. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Fun 'N Sun, Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council acceptance in March of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s budget. Only after the item is passed as part of the approved budget is the item considered to be funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. 5 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) N.Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. O.Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City’s cost to provide the service. Unrestricted fund balances (working capital reserves) should be maintained pursuant to the most recent rate review or at a level equivalent to at least three months’ operation and maintenance expense, whichever is greater, for all enterprise and internal service funds. P.Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City’s funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. Q.Investment Policy. (1) Scope This statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: •General •Special Revenue •Debt Service •Capital Projects •Enterprise •Internal Service Funds •Fiduciary Funds The policies set forth do not apply to the non pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. (2) Investment Objectives A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary 6 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. (3) Performance Measurement The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution Overnight rate 15% 3 month Treasury Bill rate 15% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 15% 3 year Treasury Note rate 15% 5 year Treasury Note rate 15% 10 year Treasury Note rate 10% Total 100% Weighted average maturity of benchmark 2.46 years 7 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) (4) Prudence and Ethical Standards The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. (5) Authorized Investments 1.The City shall limit investments, as authorized in Florida Statutes to: a.Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. b.Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). c.U.S. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. d.Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Florida Statutes. e. Debt issued by the State of Florida or any political subdivision thereof including pools. f.Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or 8 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. g.Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. h.The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01 Florida Statutes. i.Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (6) Maturity and Liquidity Requirements A.The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B.The City’s intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five years. (7) Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over- concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25%CMOs* and REMIC**33% * Collateralized Mortgage Obligations ** Real Estate Mortgage Investment Conduits 9 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. (8) Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. (9) Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director. (10) Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. (11) Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: 10 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) A. The security involved is a ‘new issue’ and can be purchased ‘at the auction’. B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices from one of the following to determine if the transaction is in the City's best interest: 1. Bloomberg Information Delivery System. 2. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. 3. Daily market pricing provided by the City's Custody Agent or their corresponding institution. (12) Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Cash & Investment Manager and any other City staff members appointed by the Finance Director. (13) Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned 11 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) (14) Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above. R.Debt Management Policy. This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1.General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2.Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long- term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. 12 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost-effective. C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 3. Issuance of Obligations A. Selecting Service Providers: 1) The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2) The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3) As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4) Any process utilized to select professional service providers in connection with the City’s debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a) Promote competition b) Be as objective as possible c) Incorporate clear and rational selection criteria d) Be independent of political influence e) Be perceived as fair by the respondents f) Result in a cost-effective transaction g) Result in the selection of the most qualified firm h) Eliminate conflict of interest B.Method of Sale 1) Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2) Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3) Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. 13 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) C.Maturity of the debt 1) Bonds will generally not have more than a thirty-year duration. 2)Lease Purchase debt will generally not have more than a five- year duration. 4.Post-Issuance Compliance A. In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post-Issuance Compliance monitoring is required at regular intervals as follows: 1) Identification of debt-financed facilities and ongoing tax requirements - at time of issue, including a review of tax certificate executed at closing 2) Qualified use of bond proceeds – ongoing 3) Qualified use of facilities financed with debt proceeds - ongoing by monitoring discussions at staff meetings 4) Arbitrage yield restriction and rebate – annually as soon as bank statements containing the last day of the bond year are available 5) Maintenance of bona fide debt service fund – recalculate sinking fund deposit requirements semi-annually after each interest payment date 6) Continuing Disclosure documents other than Significant Events and Notices to Bondholders – annually by due dates through EMMA Dataport 7) Significant Events – upon occurrence through EMMA Dataport 8) Notices to Bondholders – upon occurrence of an event requiring notice B. Procedures for Ensuring Timely Compliance 1) The Finance Director (or designee) will review project invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper. 2) The Finance Director (or designee) will participate in staff meetings where discussions are held regarding use of debt-financed facilities. 3) The Finance Director (or designee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitrage-related documents with the outside arbitrage consultant within one month of the bond year- end. 4) The Finance Director (or designee) will re-calculate monthly sinking fund deposit requirements semi-annually after each interest payment, and annually after each principal payment. 5) The Finance Director (or designee) will consult with the City’s Disclosure Counsel, as needed, regarding disclosure of Significant Events. 14 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) C. Procedures Reasonably Expected to Timely Identify Noncompliance 1) The Finance Director (or designee) will review the Continuing Disclosure Checklist for upcoming due dates at the beginning of each calendar quarter. 2) The Finance Director (or designee) will send required continuing disclosure documents to the City’s Disclosure Counsel for review and approval before filing through the EMMA Dataport. 3) Continuing disclosure due dates will be calendared by the Finance Director and by the designee, as a backup reminder. 4) The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetings. D. Procedures for Ensuring Timely Correction of Noncompliance 1) When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will consult with counsel to determine if a “remedial action” should be taken under the Treasury Regulations or if a closing agreement request should be submitted to the Internal Revenue Service under the Voluntary Closing Agreement Program. The City Manager and Council will be notified to take additional steps, if necessary, to timely correct the noncompliance. 2) Upon receipt of any correspondence from, or opening of an examination of any type with respect to tax-exempt debt issued for the benefit of the City, the Finance Director will promptly notify the City Manager and consult with outside counsel as necessary to respond to the IRS. E. Recordkeeping Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The term of the debt shall include the term of all debt which refunds the original new money issue, including debt issued to refund debt in a series of refundings. Records required to be maintained include: 1) Basic records relating to the debt transaction, including the debt transcript of proceedings and other relevant documents delivered to the City in connection with the issuance and closing of the debt transaction. 2) Documents evidencing expenditure of debt proceeds, including but not limited to: a) Construction contracts 15 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) b) Purchase orders c)Invoices and applications for payment d) Trustee requisitions and payment records e) Documents related to costs reimbursed with debt proceeds, including related issuer resolutions f)Records identifying the assets or portion of assets financed or refinanced with the debt proceeds g) A final schedule of property financed by the debt and final allocation of debt proceeds 3) Documentation evidencing the use of debt-financed property, including records of lease or sale of debt- financed property for public or private purposes, and any change in use of debt-financed property from its original intended purpose. 4) Documentation evidencing all sources of payment or security for the debt. 5) Documentation pertaining to investment of debt proceeds, including but not limited to: a) Purchase and sale of securities b) SLGs subscriptions c)Yield calculations for each class of investments d) Actual income received from the investment of proceeds e) Investment agreements f)Trustee statement g) Arbitrage rebate calculations and reports S.Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years. T. Clearwater Gas System Supply Hedging Policy. It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of 16 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) FGU shall not be authorized to enter into a Financial Product on a system- wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a “hedge” for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution No. 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. In above policy, these terms are defined as: 1. City Representative – A representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a “member representative” or “project participant representative” under an agreement between FGU and the City of Clearwater, Florida. 2. Directive – An instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments. 3. Financial Instruments – One or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. Financial Products – Swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed “over-the-counter” pursuant to private agreement of “exchange-traded” on one or more regulated contract markets. 17 As approved at 11-20-14 Council Meeting Budget and Finance (contd.) 5. Hedge – To minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term “Hedging” shall be construed accordingly. 6. Speculation – Using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. U. Audit Committee. It is a policy of the City Council to have an Audit Committee for the selection of a Certified Public Accounting firm for the annual audit, in compliance with Section 218.391, Florida Statutes. The Audit Committee will be appointed by the City Council and may be comprised of Council members, Council appointees, and/or City employees as determined by the City Council. The Audit Committee will be responsible to solicit proposals via a competitive RFP process every five years at a minimum. The Audit Committee may also manage the audit process as appropriate. 18 As approved at 11-20-14 Council Meeting CITY COUNCIL POLICY CITY COUNCIL A.Resolutions. An individual Councilmember may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. B.Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, “for profit” organizations, profit making agencies, political organizations or religious organizations, except for significant anniversary events of 50 years or 100 years. C.Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Councilmembers to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. D.Citizen Inquiries - Responses. 1. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. 2.Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. 3. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. 19 As approved at 11-20-14 Council Meeting City Council (Contd.) 4. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. 5. Inquiries and responses will be distributed, via e-mail, to all Councilmembers 6. Form letters or emails may be acknowledged but will not require a customized response. E.Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. Three or more full terms.Plaque, nameplate, ring, collage or album, tray with seal, letter, gag gift, caricature. F.Council Travel. Payment for travel expenses shall be in keeping with the charter and the City’s travel code. Specific amounts of the Council’s travel budget shall be allocated to each Councilmember during annual budget preparations. At the end of each fiscal year Councilmembers shall provide a report detailing that year’s travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. G.Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. H.Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all councilmembers. I.Annual Events. Newly elected Councilmembers and Councilmembers- elect shall be invited to the annual Phillies dinner and advisory board appreciation event. 20 As approved at 11-20-14 Council Meeting City Council (Contd.) J.Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed door attorney/client or bargaining sessions will be televised K.Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public via the Official Records and Legislative Services Department. L.Distribution of Council Correspondence.All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original of hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City’s website through the electronic document management system. Mail will be delivered to the Council at least once per week, or as needed. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and items of considerable length (such as petitions and agenda materials for other boards) will not be distributed. These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system. Unless otherwise directed, correspondence with the words similar to “Personal”, “Confidential”, or “For the Addressee Only” will be delivered unopened to the addressee. If such correspondence is determined to be related to City business, the receiving Councilmember is to forward to the Council Assistant for distribution. The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. 21 As approved at 11-20-14 Council Meeting City Council (Contd.) Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. M.Strategic Direction/Planning.Each year the City Council shall meet in a strategic direction/planning session(s) as part of the budget preparation process. The meeting(s) will review the five-year financial forecast and update as necessary, the City's Mission, Values and Vision Statements. From these documents, a five-year strategic plan will may be developed or revised. The five-year strategic plan will become the basis for the annual City Manager and City Attorney Objectives, and the City's annual budget process for the next fiscal year. 22 As approved at 11-20-14 Council Meeting CITY COUNCIL POLICY CITY EMPLOYEES A.Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. B.Reimbursement of certain meal events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. 23 As approved at 11-20-14 Council Meeting CITY COUNCIL POLICY GENERAL ADMINISTRATION A. Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg College - refunded building permit fee for parking lot Skye Lane Properties, LLC – waived permit, application, inspection, and other fees via Resolution 14-03 None of the above includes waiving impact fees. B.Sparkling Clearwater Bright and Beautiful. In order to maintain and enhance the image of Sparkling Bright and Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e., fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e., placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. C.Fire Lanes.Fire Department personnel will participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. 24 As approved at 11-20-14 Council Meeting General Administration (contd.) D.Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to BMI for showing movies at various recreation centers. E.Renewal. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. F.Stationery. The City shall have letterhead designed by Public Communications on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. Exception: The Gas Division may use its logo. G.Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor’s signature welcoming the property owner to Clearwater. H.Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. I.Special Event Street Closure Limitation.Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. J. Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right- of-way on segments of roadway in incorporated Clearwater. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. The policy will apply to fatalities occurring after January 1, 2005. 25 As approved at 11-20-14 Council Meeting General Administration (contd.) The installation of a roadside memorial marker will be processed in accordance with the following: Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City’s website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased’s immediate family. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement – the exact location will be at the discretion of the City. Memorial markers will not be allowed within the limits of active construction work zones. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. The requesting citizen will be notified once the installation is complete. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. The memorial marker shall be a 15” diameter aluminum sign with a white background and black letters. The sign message will state ‘Drive Safely – In memory’, and the family will have the option of adding the deceased’s name to the sign. As an option, the City can offer an alternate safety message to the ‘Drive Safely’ legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive’, ‘Buckle Up’, ‘Slow Down’, etc. The sign will be mounted at a height of 3.5’ (42”) from the ground to the top of the sign. 26 As approved at 11-20-14 Council Meeting General Administration (contd.) The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300.00. Upon request the sign becomes the property of the applicant. K.City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20% less. L.Courtney Campbell Parkway (State Road 60) Welcome Signage Program. Welcome signs are intended to greet visitors to Clearwater and share accomplishments of national or international significance (awards) or significant historical events that have been a part of the City of Clearwater. Florida Department of Transportation (FDOT) has permitted two welcome signs to be installed by the City on FDOT right-of-way on the north side of Courtney Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign, and 2) a sign dedicated to recognizing a special award of national or international significance or a Clearwater historical event. The installation of a welcome sign will be processed in accordance with the following: Requests for a welcome sign shall be submitted in writing to the Parks and Recreation Department by filling out a Courtney Campbell Parkway (State Road 60) Welcome Signage Program Application. The form is available online at www.myclearwater.com, or by calling the Parks and Recreation Department. The award to be recognized by the welcome sign must be of national or international significance. ► Accomplishment of national or international significance is an achievement or completion of an award granted to an organization or to the City in recognition of being the best in the entire nation or the best involving two or more countries that promote and enhance the image of Clearwater. ► Significant Clearwater historical events are defined as events that are unique to Clearwater and add to the overall understanding of the City and its history. If approved, a welcome sign may be allowed for a period not to exceed two years. 27 As approved at 11-20-14 Council Meeting General Administration (contd.) Requests for a welcome sign may be made by a group or an individual, however written approval to use the event or award to be recognized must be secured from the governing body being represented. In cases where the request is for a group or organization no longer in existence but historically significant to the City no approval is necessary. Welcome signs, if approved, will be designed, constructed and installed by the Parks and Recreation Department. Requesting group is responsible to reimburse the City for all direct expenses (approximately $1,000 - $2,000). The City Council must approve all welcome sign application requests. The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is dependent on continued permitted approvals given by FDOT. If for some reason FDOT does not approve permitting the welcome signs, this policy becomes void and any existing signage would be removed. The Parks and Recreation Department is responsible for the coordination of the Courtney Campbell Parkway (State Road 60) Welcome Signage Program. 28 As approved at 11-20-14 Council Meeting CITY COUNCIL POLICY LAND DEVELOPMENT A.Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. B.Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property have the option to execute a Right of Way (ROW) Beautification Revocable License Agreement with the City of Clearwater wherein owners agree to keep all features in good repair, including signs, monuments, landscaping, irrigation systems, flag poles, etc. Upon failure of the owners to execute such agreement, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after notice, the Parks and Recreation Department is to remove all such materials with the exception of trees and grass occupying the public right-of-way. A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with a city approved “Adopt a (fill in name)” program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. C.Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. D.Landscaping of City Roads.When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and frequency of required maintenance. All such material shall be drought resistant. E.Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. Land Development (Cont.) 29 As approved at 11-20-14 Council Meeting F.Waiver/reduction of liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. Whether the violation has been brought into compliance regarding the violation cited. Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. Whether there are existing code violations on other properties owned by the violator or prospective purchaser. Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. Whether payment would hinder a proposed sale of the property. Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. 30 As approved at 11-20-14 Council Meeting CITY COUNCIL POLICY LEGAL A.Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. 31 As approved at 11-20-14 Council Meeting CITY COUNCIL POLICY LEISURE A.Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key. B.Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation." 3. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. C.Amplification of Sound at City Venues. The following guidelines govern the amplification of sound at City co-sponsored and private events held at City venues for musical and entertainment productions. 1. Amplification of sound and in particular music for an event must end at a specific time set by the City Manager or his designee. In general that time will be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00 p.m. on Friday and Saturday, but on certain rare occasions permitted to be held longer. 2. Amplification of sound including music will not exceed an average of 95 decibel or dB level measured at the house mix over a period of 30 seconds. 3. Amplification of sound during the event will be measured by a City employee or City contractor by using a sound-level meter which is an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output or display meter and the weighting networks used to measure sound pressure levels. 32 As approved at 11-20-14 Council Meeting Leisure (Contd.) 4. The City employee or City contractor will measure the sound levels for every group performing at the event. 5. In the event a promoter or sponsor violates this policy the City employee or City contractor will require that the sound levels be adjusted to meet the standard. If after the first warning the volumes are not adjusted to meet the policy the City employee or City contractor will personally adjust the sound level to bring in compliance. 6. If a promoter or sponsor continues to violate this policy then they will not be allowed to have concerts at City venues. D. Ages 12 - 13 supervised use of City recreation fitness facilities. The following guidelines govern the use of City recreation fitness facilities by users ages 12 and13. 1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use. 2. Use of the fitness area by such person is governed by this Council policy and is limited to instances where such person is actively, directly supervised by the individual’s parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited. 3. A parent under this policy is defined as either biological parent or legal guardian. 4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is designated by the parent or legal guardian on the “Parental Consent and Waiver/Release of Liability” form. 5. An acceptable level of supervision under this policy is considered to be achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth participant. 6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique, appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities. 7. City staff will monitor for compliance of this policy. 8. Both the parent, legal guardian or designated responsible adult and individual child, must have valid access to the fitness facility by paying the 33 As approved at 11-20-14 Council Meeting Leisure (Contd.) appropriate daily fee, or by securing the proper membership that allows use of the area. In addition, the parent or legal guardian must agree to and sign the “Parental Consent and Waiver/Release of Liability” form and identify the responsible adult(s) who may supervise the child. 9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in immediate, permanent termination of the youth participant’s fitness facility use rights. 2016 -05 -05 Council Policy M Proposed Changes (s#r+Iethmtigh addition) Page 21 Policy M, Strategic Direction Planning Each year prior to the development of the City Manager's proposed budget, the City Council shall meet in a strategic direction /planning session(s) - :. - : - - :. : :. - ' = - : : . The meeting(s) will review the five year forecast, and update as necessary the City's i Statements Vision, Mission, Values and Strategic Directions (Goals). From these documents a five -year strategic plan will be developed updated. The five -year strategic plan will become the basis for the annual City Manager and City Attorney Objectives and the City's annual budget process for the next fiscal year. Final statement as revised: Page 21 Policy M, Strategic Direction /Planning Each year prior to the development of the City Manager's proposed budget, the City Council shall meet in a strategic direction /planning session(s). The meeting(s) will review the five year forecast, and update as necessary the City's Vision, Mission, Values and Strategic Directions (Goals). From these documents a five -year strategic plan will be updated. The five -year strategic plan will become the basis for the annual City Manager and City Attorney Objectives and the City's annual budget process for the next fiscal year.