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04/19/2018Thursday, April 19, 2018 6:00 PM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers City Council Meeting Agenda April 19, 2018City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right -hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 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 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 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 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 April Service Awards 4.2 Habitat for Humanity Build Local Week Proclamation - Mike Sutton, CEO of Habitat for Humanity of Pinellas County, Inc. 5. Approval of Minutes 5.1 Approve the minutes of the April 4, 2018 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the 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. Page 2 City of Clearwater Printed on 4/19/2018 April 19, 2018City Council Meeting Agenda 7.1 Approve forgivable loan to Abilities of St. Andrews Cove, Inc. of Florida in an amount not to exceed $318,600 to rehabilitate six multi-family units for rent at St. Andrews Cove apartment complex and authorize the appropriate officials to execute all instruments required to affect loan closing. (consent) 7.2 Approve an agreement with Intuition Systems, Inc., DBA Bill2Pay, of Clearwater, Fl in the amount of $150,480 for lock box services for the City of Clearwater, from May 1, 2018 through April 30, 2021, with the option of two two-year renewal terms and authorize the appropriate officials to execute same. (consent) 7.3 Approve an agreement with InfoSend, Anaheim, California, in the amount of $1,440,000 for utility bill print and mail, from May 1, 2018 through April 30, 2021, with two two-year renewal options and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 Approve the request from City of Clearwater staff to vacate a portion of public right-of-way of Haven Street dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida, and certain real property dedicated as public right-of-way by City of Clearwater Resolution 79-50, as recorded in Official Records Book 4867, Page 1478, Pinellas County, Florida; pass Ordinance 9129-18 on first reading and authorize the appropriate officials to execute same. (VAC 2018-04) 8.2 Declare three parcels of certain real property in Section 16, Township 29 South, Range 15 East, formerly used respectively as right-of-way, a meeting facility that supported old Fire Station 45, and a parking lot consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage as surplus for the purpose of exchanging the three parcels for a strategic parcel in the downtown core, which is of greater value, currently owned by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. (APH) Page 3 City of Clearwater Printed on 4/19/2018 April 19, 2018City Council Meeting Agenda 8.3 Approve the annexation of 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane and pass Ordinance 9123-18 on first reading. (ANX2017-12026) 8.4 Approve a Future Land Use Map Amendment for a 9.20-acre portion of property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater) upon annexation and pass Ordinance 9124-18 on first reading. (LUP2018-02001) 8.5 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 1500 Country Lane West and 1505 Country Lane East and pass Ordinances 9134-18, 9135-18 and 9136-18 on first reading. (ATA2018-03001) 8.6 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 1756 El Trinidad Drive East and pass Ordinances 9137-18, 9138-18 and 9139-18 on first reading. (ANX2018-03004) 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 3018 Glen Oak Avenue North and 3047 Hoyt Avenue and pass Ordinances 9140-18, 9141-18, and 9142-18 on first reading. (ANX2018-01003) 9. Quasi-Judicial Public Hearings 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation and submits record (minutes, staff report, and application) adduced before the Community Development Board (2 minutes). 2. Applicant presents case, including its testimony and exhibits (15 minutes). 3. Staff presents further evidence (10 minutes). 4. Public comment. 5. City Council discussion. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. 9.1 Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential and R-3 Single Family Residential Districts (Pinellas County) to the Low Medium Density Residential (LMDR) District for 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane upon annexation; and pass Ordinance 9125-18 on first reading. (REZ2017-12013) Page 4 City of Clearwater Printed on 4/19/2018 April 19, 2018City Council Meeting Agenda 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9101-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 300 South Duncan Avenue, Clearwater, Florida 33755, from Residential/Office General (R/OG) to Commercial General (CG). 10.2 Adopt Ordinance 9102-18 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 300 South Duncan Avenue, Clearwater, Florida 33755, from Office (O) to Commercial (C). 11. City Manager Reports 11.1 Increase the allotted Full Time Equivalents (FTEs) assigned to the Police Department by 14; authorize purchase of an additional 8 Police Ford Explorer vehicles in the current fiscal year, with an amount not to exceed $262,840; authorize purchase of 6 additional Police Ford Explorer vehicles in Fiscal Year 2018/2019; authorize purchase of law enforcement related equipment costs associated with the additional FTEs, with an amount not to exceed $246,245; authorize an increase in the Police Department’s operating budget, for the current year’s increase of salary, benefit and training costs related to the increased personnel, with an amount not to exceed $400,332, and authorize the appropriate officials to execute same. 11.2 Award a construction contract to KAT Construction and Materials, Inc., of Clearwater, FL, in the amount of $552,036.20 for the Water Treatment Plant (WTP) Fluoride Addition - WTP 1 and WTP 2 project (16-0031-UT); approve Engineer of Record (EOR) Supplemental 1 Work Order from Tetra Tech in the amount of $140,097; approve a Funding Agreement with the State of Florida Department of Health (FDOH) in the amount of $155,000 and authorize the appropriate officials to execute same. 11.3 Approve the Contract for Exchange of Real Property providing for the exchange of certain city-owned real property for a strategic parcel in the downtown core which is of greater value and is owned by the Church of Scientology Flag Service Organization, Inc. (COS), authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. 11.4 City Hall Relocation 12. City Attorney Reports 13. Closing comments by Councilmembers (limited to 3 minutes) 14. Closing Comments by Mayor 15. Adjourn Page 5 City of Clearwater Printed on 4/19/2018 April 19, 2018City Council Meeting Agenda Page 6 City of Clearwater Printed on 4/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4484 Agenda Date: 4/19/2018 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: April Service Awards SUMMARY: 5 Years of Service Kelly Pierce Police Yusupha Touray Gas Elizabeth Favata Fire Michael Remillet Fire Logan Cruz Fire William Billups Fire Justin Suhanovsky Fire Justin Smith Fire Daniel Knight Planning and Development Jesus Roldan Trejo General Services 10 Years of Service Michael Hasty Police Margaret Hasty Police 15 Years of Service Michael Olsa Public Utilities Louis Beem Solid Waste 25 Years of Service James Charon Public Utilities Ramon Cosme Police 30 Years of Service Page 1 City of Clearwater Printed on 4/19/2018 File Number: ID#18-4484 William New Public Utilities Page 2 City of Clearwater Printed on 4/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4483 Agenda Date: 4/19/2018 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: Habitat for Humanity Build Local Week Proclamation - Mike Sutton, CEO of Habitat for Humanity of Pinellas County, Inc. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4495 Agenda Date: 4/19/2018 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the April 4, 2018 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 4/19/2018 City Council Meeting Minutes April 4, 2018 Page 1 City of Clearwater City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Wednesday, April 4, 2018 5:00 PM Council Chambers City Council Draft City Council Meeting Minutes April 4, 2018 Page 2 City of Clearwater Rollcall Present: 5 - Mayor George N. Cretekos, Councilmember Hoyt Hamilton, Vice Mayor Doreen Caudell, Councilmember Bob Cundiff and Councilmember David Allbritton Also Present: William B. Horne II – City Manager, Jill Silverboard – Deputy City Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague – Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Cretekos The meeting was called to order at 5:00p.m. at City Hall. 2. Invocation – Bishop Brent Pantera from the Church of Jesus Christ of Latter Day Saints 3. Pledge of Allegiance – Councilmember Allbritton 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 Oath of Office to Councilmembers The City Clerk administered the Oath of Office to Councilmembers David Allbritton and Hoyt Hamilton. 4.2 Farewell to Councilmember Bill Jonson Councilmembers thanked former Councilmember Bill Jonson for his dedicated service to the community and presented him with tokens of appreciation. Five individuals thanked former Councilmember Jonson for his dedicated service to Clearwater residents and wished him well. Draft City Council Meeting Minutes April 4, 2018 Page 3 City of Clearwater 4.3 Federal Legislative Update - Doug Gregory and Harry Glenn, Van Scoyoc & Associates 4.4 Arbor Day Proclamation, April 21, 2018 - Lyle Adams, P&R Parks Support Specialist 4.5 Civitan Awareness Month Proclamation, April 2018- Earle Lusk, Clearwater Civitan Club President 4.6 Donate Life Month Proclamation, April 2018 - Christine Daniels, Donate Life ORGANizer from LifeLink Foundation, Inc. 4.7 National Community Development Week Proclamation, April 2-6, 2018 - Joe Riddle, Housing Manager 5. Approval of Minutes 5.1 Approve the minutes of the March 15, 2018 City Council meeting as submitted in written summation by the City Clerk. Councilmember Cundiff moved to approve the minutes of the March 15, 2018 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 Karena Morrison said she launched the Benevolution Foundation, a 501c3 that assists other non-profit organizations with community outreach and fundraising. She invited all to visit Benevolution's tent at the upcoming Spring Downtown Block Party and thanked former Councilmember Bill Jonson for his service. Ilana Wechsler expressed concerns with vehicular congestion in the Clearwater Beach area and suggested changing the vehicular traffic pattern on Coronado Drive, Hamden Drive, East Shore Drive and Poinsetta Avenue to one-way streets, eliminating parking on Coronado Drive and incorporating a floating lane during peak hours or holidays. Liz Drayer, Courtney Murphy, Kelly Clark, Geri Doherty and Kim Paulson expressed concerns with the sale of the Keystone Surplus property in Hillsborough County and urged Council to require any buyer to preserve the property as open space and free from development in perpetuity. If the target range owner purchases the property, require the owner to transfer the property that Hillsborough County wants to ELAP. Draft City Council Meeting Minutes April 4, 2018 Page 4 City of Clearwater Joseph Foyt said he is creating a Neighborhood Crisis Action Plan for his Capstone Project. The Plan would better prepare citizens and neighborhoods for survival and self sufficiency for 72 hours following a disaster. He said the Plan would not circumvent existing city or county emergency plans. 7. Consent Agenda – Approved as submitted. 7.1 Approve the Religious Community Services, Inc. 2018 Agreement Renewal for provision of contractual victim advocacy services in an amount not to exceed $15,000 and authorize the appropriate officials to execute same. (consent) 7.2 Approve a Joint Project Agreement (002434A) between Pinellas County and the City of Clearwater for utility adjustments or relocations as part of South Myrtle Avenue Drainage Improvements from Clearwater Largo Road to Belleair Road (17-0059-UT) in the estimated amount of $141,510.60 and authorize the appropriate officials to execute same. (consent) 7.3 Approve the final plat for Fredrica Townhomes, whose physical address is 101 North Fredrica Avenue, located on the East side of Fredrica Avenue approximately 285 feet south of Drew Street. (consent) 7.4 Approve Supplemental 3 Work Order to Engineer-of-Record (EOR) AECOM, Inc., in the amount of $44,968, to provide construction inspection for Lift Stations 7 and 8 Improvements (15-0038-UT) for a new work order total of $126,817 and authorize the appropriate officials to execute same. (consent) 7.5 Award a Purchase Order to Evoqua Water Technologies Inc. of Pittsburg, PA in the amount of $203,904.00 to repair ZABOCS biofilters chemical odor control units a t the Marshall Street, Northeast and East Wastewater Reclamation Facilities (WRF) and authorize the appropriate officials to execute same. (consent) 7.6 Approve an annual purchase order and two one-year renewal terms at the City’s option (Invitation to Bid 14-18) with A1 Assets Inc. of Longwood, FL in the annual amount of $40,000 for electronic waste recycling as provided in the City’s Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute same. (consent) 7.7 Approve a proposal from Shaw Industries, Inc, Dalton, GA, in the amount of $335,401.87 for flooring at the Main Library ($291,942.89), Fire Station 49 ($35,779.73), and the Countryside Recreation Center ($7,679.25), in accordance with City Code 2.564(1)(d) Other Entities Contracts; and authorize the appropriate officials to execute same. (consent) 7.8 Approve the purchase of generator and transfer switch rentals, replacement parts, and services, for a not-to-exceed amount of $900,000 ($300,000 - Building and Maintenance, Draft City Council Meeting Minutes April 4, 2018 Page 5 City of Clearwater $600,000 - Public Utilities), in accordance with City Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, to include other sourced vendors as required, and authorize the appropriate officials to execute same. (consent) 7.9 Approve a proposal from Gator Grading and Paving LLC, of Palmetto, FL, in the amount of $140,392.50 for improvements to General Services Complex and authorize the appropriate officials to execute same. (consent) 7.10 Schedule a special council meeting on Monday, May 7 at 2:00 p.m. for the purpose of holding a Strategic Planning Session. (consent) 7.11 Reappoint Michael Boutzoukas to the Community Development Board with a term to expire February 28, 2022. (consent) 7.12 Appoint councilmembers as representatives to serve on Regional and Miscellaneous Boards. (consent) 7.13 Elect Councilmember Doreen Caudell as Vice Mayor. (consent) 7.14 City Seal on Coast Guard Coins (consent) Vice Mayor Caudell moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Declare surplus, for the purpose of donation for development of affordable housing, real property located at 404 Blanche B Littlejohn Trail; approve the Real Property Donation Agreement between the City and Habitat for Humanity of Pinellas County, Inc.; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (APH) This property is currently vacant and is identified by Resolution #17-38 as a city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. #09-29-15-37422-002-0080). The property is suitable for construction of a single-family home. The City acquired the property at no cost in 2015 through the Pinellas County escheatment process due to non-payment of taxes. This property is located within the Downtown’s Old Bay Character District which lies within the City’s North Greenwood Neighborhood Revitalization Draft City Council Meeting Minutes April 4, 2018 Page 6 City of Clearwater Strategy Area. A partnership between the City and Habitat for Humanity of Pinellas County, Inc. (Habitat) has helped to revitalize this neighborhood with the construction of twelve single family homes. The community will further benefit from this partnership with the donation of this property to Habitat. A staff appraisal valued the property at $17,000 on February 6, 2018. According to Section 2.01(d)(5)(i) of the Clearwater City Charter, the City Council may approve the donation or sale for less than fair market value of city-owned property of not more than one-half acre in size for workforce or affordable housing following a public hearing. According to the Pinellas County Property Appraiser, the property is 0.14 acres (6,171 square feet). Councilmember Hamilton moved to declare surplus, for the purpose of donation for development of affordable housing, real property located at 404 Blanche B Littlejohn Trail; approve the Real Property Donation Agreement between the City and Habitat for Humanity of Pinellas County, Inc.; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. The motion was duly seconded and carried unanimously. 8.2 Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) category to the Commercial General (CG) category for 300 South Duncan Avenue and do not pass Ordinance 9101-18 on first reading. (LUP2017-10011) This Future Land Use Map amendment involves 2.807 acres of a 3.196-acre parcel located on the west side of South Duncan Avenue, approximately 280 feet north of Gulf to Bay Boulevard (SR 60). The property is owned by Rental Houses, LLC and is occupied by a three-story, 69,000 square foot office building with ancillary off-street parking. The overall parcel is a flag lot, where the proposed amendment area has frontage on South Duncan Avenue (310 feet) and Rainbow Drive (396 feet). A narrow portion of the parcel extends to Gulf to Bay Boulevard (60 feet of frontage), approximately 345 feet west of South Duncan Avenue, providing access to the office (excluded from the proposed amendment). The applicant is requesting to change the Future Land Use Map designation of the proposed amendment area from Residential/Office General (R/OG) to Commercial General (CG). The requested amendment would allow the property to be redeveloped with a self-storage use. The applicant has submitted a Zoning Atlas amendment (REZ2017-10012) which is being processed concurrently with this case. The proposed Commercial General (CG) category allows a variety of uses, including retail sales and service, overnight accommodations, and office uses, and would permit nonresidential development at a FAR of 0.55. The site is Draft City Council Meeting Minutes April 4, 2018 Page 7 City of Clearwater currently developed with an office that was constructed in 1976 and is over 88% leased. The building currently houses many targeted industries (i.e., Financial and Professional Services) including medical offices, attorneys, mortgage firms, real estate office, accounting offices and other professional businesses. The City is committed to preserving land for targeted industries, and encourages the development of sites and buildings needed to accommodate higher intensity employment opportunities, and according to the City’s Economic Development and Housing Department, the site is considered a strategic location for office uses and is well-suited for continued office use consistent with the goals of the Economic Development Strategic Plan. A development proposal to demolish the existing office and replace it with a 76,490 square foot self-storage facility is inconsistent with both the Economic Development Strategic Plan and the City’s Comprehensive Plan. The existing use of the property constitutes a higher level of viable economic use. Additionally, the proposed Commercial General (CG) category is not appropriately located, and is not in character with the residential neighborhood to the north, along Rainbow Drive. While certain permitted uses may be compatible with the single-family uses in the area, these same uses are also already permitted through the existing Office (O) District. The Planning and Development Department determined that the proposed Future Land Use Map amendment is inconsistent with the provisions of the Clearwater Community Development Code as specified below: • The proposed amendment is inconsistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is incompatible with the surrounding property and character of the neighborhood. • The proposed amendment will 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 Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. Prior to the Community Development Board meeting, the city received one letter on behalf of the Skycrest Neighbors in opposition to this proposal. The Community Development Board reviewed this application at its December 19, 2017 public hearing and made a recommendation of approval to the Council, with four members voting in support of and three in opposition of the Draft City Council Meeting Minutes April 4, 2018 Page 8 City of Clearwater amendment. At the January 16, 2018 work session, staff reported that the Applicant requested to continue the item to April 4, 2018. Applicant representative Brian Aungst reviewed the Applicant's request. He urged Council to adopt the recommendation of the Community Development Board to approve the land use amendment for 300 S. Duncan to make the parcel uniformly commercial. The site is partly commercial, fronting Gulf to Bay Boulevard, and partly office, backing up to the residential community. The request will remove the blighted eyesore of a failing building, that is losing jobs and hemorrhaging tenants and money, and replace with a storage facility that will not be visible from the neighborhood due to the 70-ft. landscaped buffer (between the building and the neighborhood). The community will not be impacted by vehicular traffic since the ingress and egress to the site will be off of Gulf to Bay Boulevard. Real Estate Property Appraiser Dennis Noto said the office market has hammered this site economically and physically. The current facility is over 40 years old and 50% occupied. If office was the highest and best use, the property would have been purchased, demolished and redeveloped with new office. In response to questions, Mr. Aungst said the parcels to the east are commercial general. There are over 100 commercially zoned properties along Drew Street and Gulf to Bay Boulevard that abut residential. Store Con Development representative John Dorman said the company develops self storage facilities primarily in the west coast of Florida, with over 50 locations in the Tampa Bay area. He said many of the projects are redevelopment projects, concentrating in more populated areas where people tend to live and need the service. The economically unviable facilities are replaced with a new facility, landscaping, current stormwater, and reduction in traffic. Senior Planner Lauren Matzke said primarily along Gulf to Bay Boulevard, and generally 280 ft. to the north or south, is zoned commercial. There are some area s where the commercial zoning extends northward to Rainbow Drive. Economic Development and Housing Director Denise Sanderson said staff is not suggesting there is a high demand for office now. Since Pinellas County and Clearwater are fully built out, it is important to preserve land that is suitable for those high intensity employment opportunities. She said going against the established economic development policies conveys a message that the City supports projects that are quick and not which are right. Mr. Dorman said in rare instances the company pursued Draft City Council Meeting Minutes April 4, 2018 Page 9 City of Clearwater redeveloping sites that included small executive offices; those project s did not do as well as the self storage facilities. The site before Council has limited frontage; the retail potential is next to none. Five individuals spoke in support. One individual spoke in opposition. In response to questions, Ms. Matzke said apartments are typically a transitional use between commercial and single-family residential. Since the property is zoned office, the applicant could not build any residential. Every property has two different designations: 1) a future land use designation, which provides a property with development potential and 2) a zoning designation, which affords uses and dictates setbacks. She said multiple zoning districts can be consistent with the underlying future land use designation. Ms. Matzke said in order to pursue a residential use, a rezoning must be requested. A concern was expressed that the residents in the neighborhood oppose the request, the request is inconsistent with the goals of the City's Comprehensive Plan and the envisioned project may generate four jobs over the next 20 years. It was stated that if the zoning remains unchanged, the site has the opportunity for office space and other types of uses where many jobs could be generated. Councilmember Cundiff departed Chambers at 6:55 p.m. In response to a concern regarding Council not following staff's recommendation, the City Attorney said individuals may sue but the matter before Council is a legislative action and Council has considerable discretion. Mr. Aungst said the applicant tried to acquire all of the commercial properties to the east; if successful, the applicant could have pursued the project without council approval. Unfortunately, the applicant was not able to acquire the properties. He said the commercial element of the project would front Gulf to Bay Boulevard. Mayor Cretekos said since Councilmember Cundiff had to leave the meeting prior to the vote and expressed that he supported staff's recommendation, he would vote in opposition. Draft City Council Meeting Minutes April 4, 2018 Page 10 City of Clearwater Councilmember Hamilton moved to approve a Future Land Use Map Amendment from the Residential/Office General (R/OG) category to the Commercial General (CG) category for 300 South Duncan Avenue. The motion was duly seconded and carried with the following vote: Ayes: 3 - Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton Nays: 1 - Mayor Cretekos Ordinance 9101-18 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 9101-18 on first reading. The motion was duly seconded and carried with the following vote: Ayes: 3 - Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton Nays: 1 - Mayor Cretekos The Council recessed from 7:10 p.m. to 7:17 p.m. 9. Quasi-Judicial Public Hearings 9.1 Deny a Zoning Atlas Amendment from the Office (O) District to the Commercial (C) District for 300 South Duncan Avenue; and do not pass Ordinance 9102-18 on first reading. (REZ2017-10012) This Zoning Atlas amendment involves 2.807 acres of a 3.196-acre parcel located on the west side of South Duncan Avenue, approximately 280 feet north of Gulf to Bay Boulevard (SR 60). The property is owned by Rental Houses, LLC and is occupied by a three-story, 69,000 square foot office building with ancillary off-street parking. The overall parcel is a flag lot, where the proposed amendment area has frontage on South Duncan Avenue (310 feet) and Rainbow Drive (396 feet). A narrow portion of the parcel extends to Gulf to Bay Boulevard (60 feet of frontage), approximately 345 feet west of South Duncan Avenue, providing access to the office (excluded from the proposed amendment). The applicant is requesting to rezone the property from the Office (O) District to the Commercial (C) District in order to redevelop the property with a 76,490 square foot self-storage facility. The applicant has submitted a Future Land Use Map amendment (LUP2017-10011) which is being processed concurrently with this case. The proposed Commercial (C) District is incompatible with many of the Draft City Council Meeting Minutes April 4, 2018 Page 11 City of Clearwater surrounding zoning districts and single-family homes uses that exist in the vicinity of the subject property. The existing office, which was originally developed in 1976, houses many targeted industries (i.e., Financial and Professional Services) including medical offices, attorneys, mortgage firms, real estate office, accounting offices and other professional businesses. The City is committed to preserving land and buildings that are needed to attract target industries and accommodate higher-wage jobs, such as this one. The proposed change is not supported by the City’s stated economic development goals and objectives. The existing use of the property constitutes a higher level of viable economic use. The proposed Commercial (C) zoning district permits a variety of commercial uses as minimum standard uses, including retail plazas, restaurants, offices, overnight accommodations, and vehicle sales/display, many of which, including the proposed self-storage use (a Level II Flexible Development use), are not in character with the residential neighborhood to the north along Rainbow Drive. While certain permitted uses may be compatible with the single-family uses in the area, these same uses are also already permitted through the existing Office (O) District. The Planning and Development Department determined that the proposed Zoning Atlas amendment is inconsistent with the Clearwater Community Development Code as specified below: • The proposed amendment is inconsistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is incompatible with the surrounding property and character of the neighborhood. • The available uses in the Office (O) District are incompatible with the surrounding area. • The proposed Office (O) District boundaries are inappropriately drawn in regard to location and classification of streets. Prior to the Community Development Board meeting, the city received one letter on behalf of the Skycrest Neighbors in opposition to this proposal. The Community Development Board reviewed this application at its December 19, 2017 public hearing and made a recommendation of approval to the Council, with four members voting in support of and three in opposition of the amendment. At the January 16, 2018 work session, staff reported that the Applicant requested the item be continued to April 4, 2018. Draft City Council Meeting Minutes April 4, 2018 Page 12 City of Clearwater Applicant representative Brian Aungst requested to incorporate the evidence and presentation made to the Community Development Board and to incorporate the evidence provided to the Council. He said he looked forward to working with staff going forward on the zoning amendment at the county level. Councilmember Allbritton moved to approve a Zoning Atlas Amendment from the Office (O) District to the Commercial (C) District for 300 South Duncan Avenue. The motion was duly seconded and carried with the following vote: Ayes: 3 - Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton Nays: 1 - Mayor Cretekos Ordinance 9102-18 was presented and read by title only. Vice Mayor Caudell moved to pass Ordinance 9102-18 on first reading. The motion was duly seconded and carried with the following vote: Ayes: 3 - Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton Nays: 1 - Mayor Cretekos 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9104-18 on second reading, amending Sections 5.44(1), 5.64(2), and (3), 5.47(2), (3), and (4), 5.62(1) and 5.63 of Chapter 5, Code of Ordinances relating to security alarm systems. Ordinance 9104-18 was presented and read by title only. Vice Mayor Caudell moved to adopt Ordinance 9104-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.2 Adopt Ordinance 9105-18 on third reading, annexing certain real properties whose post office addresses are 2853 and 2859 Sunset Point Road, together with an unaddressed parcel located on CR 193 approximately 253 feet south of Sunset Point Road, into the corporate limits of the city and redefining the boundary line of the city to include said additions. Draft City Council Meeting Minutes April 4, 2018 Page 13 City of Clearwater Ordinance 9105-18 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9105-18 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.3 Adopt Ordinance 9106-18 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 properties whose post office addresses are 2853 and 2859 Sunset Point Road, together with an unaddressed parcel located on CR 193 approximately 253 feet south of Sunset Point Road, upon annexation into the City of Clearwater, as Institutional (I). Ordinance 9106-18 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9106-18 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.4 Adopt Ordinance 9107-18 on third reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2853 and 2859 Sunset Point Road, together with an unaddressed parcel located on CR 193 approximately 253 feet south of Sunset Point Road, upon annexation into the City of Clearwater, as Institutional (I). Ordinance 9107-18 was presented and read by title only. Vice Mayor Caudell moved to adopt Ordinance 9107-18 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.5 Adopt Ordinance 9108-18 on third reading, annexing certain real property whose post office address is 2829 Sunset Point Road, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9108-18 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9108-18 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Draft City Council Meeting Minutes April 4, 2018 Page 14 City of Clearwater Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.6 Adopt Ordinance 9109-18 on third reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2829 Sunset Point Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Institutional (I). Ordinance 9109-18 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9109-18 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.7 Adopt Ordinance 9110-18 on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2829 Sunset Point Road, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Institutional (I). Ordinance 9110-18 was presented and read by title only. Vice Mayor Caudell moved to adopt Ordinance 9110-18 on third and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.8 Adopt Ordinance 9111-18 on second reading, annexing certain real property whose post office address is 1859 East Drive, Clearwater, Florida 33765, together with all rights-of-way of East Drive abutting Lot 3, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9111-18 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9111-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.9 Adopt Ordinance 9112-18 on second reading, amending the future land use plan element Draft City Council Meeting Minutes April 4, 2018 Page 15 City of Clearwater of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1859 East Drive, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9112-18 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9112-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.1 0Adopt Ordinance 9113-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1859 East Drive, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9113-18 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9113-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.11 Adopt Ordinance 9117-18 on second reading, annexing certain real property whose post office address is 1745 East El Trinidad Drive, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9117-18 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9117-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.12 Adopt Ordinance 9118-18 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 1745 East El Trinidad Drive, Clearwater, Florida Draft City Council Meeting Minutes April 4, 2018 Page 16 City of Clearwater 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9118-18 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9118-18 on second reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.13 Adopt Ordinance 9119-18 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1745 East El Trinidad Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9119-18 was presented and read by title only. Vice Mayor Caudell moved to adopt Ordinance 9119-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.1 4 Adopt Ordinance 9120-18 on second reading, annexing certain real properties whose post office addresses are 601 Moss Avenue, 807 Glen Oak Avenue East, 3006 and 3007 Lake Vista Drive, 3030 and 3065 Hoyt Avenue, 3035 Grand View Avenue, 3058, 3070, and 3076 Merrill Avenue and 3120 and 3124 Wolfe Road, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9120-18 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9120-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.15 Adopt Ordinance 9121-18 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 601 Moss Avenue, 807 Glen Oak Avenue East, 3006 and 3007 Lake Vista Drive, 3030 and 3065 Hoyt Avenue, 3035 Grand View Avenue, 3058, 3070, and 3076 Merrill Avenue, all in Clearwater, Florida 33759, upon annexation Draft City Council Meeting Minutes April 4, 2018 Page 17 City of Clearwater into the City of Clearwater, as Residential Low (RL), and 3120 and 3124 Wolfe Road, all in Clearwater, Florida 33759 as Residential Urban (RU). Ordinance 9121-18 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9121-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.1 6Adopt Ordinance 9122-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 601 Moss Avenue, 807 Glen Oak Avenue East, 3006 and 3007 Lake Vista Drive, 3030 and 3065 Hoyt Avenue, 3035 Grand View Avenue, 3058, 3070, and 3076 Merrill Avenue and 3120 and 3124 Wolfe Road, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9122-18 was presented and read by title only. Vice Mayor Caudell moved to adopt Ordinance 9122-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.1 7Adopt Ordinance 9126-18 on second reading, annexing certain real properties whose post office addresses are both 1990 North McMullen Booth Road, together with one unaddressed parcel located on the South side of Union Street approximately 500 feet west of North McMullen Booth Road and one unaddressed parcel located on the west side of North McMullen Booth Road approximately 500 feet South of Union Street, all in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. Ordinance 9126-18 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9126-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.18 Adopt Ordinance 9127-18 on second reading, amending the future land use plan element Draft City Council Meeting Minutes April 4, 2018 Page 18 City of Clearwater of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are both 1990 North McMullen Booth Road, together with one unaddressed parcel located on the South side of Union Street approximately 500 feet west of North McMullen Booth Road and one unaddressed parcel located on the west side of North McMullen Booth Road approximately 500 feet South of Union Street, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low Medium (RLM). One individual suggested adding staff to handle code enforcement matters given the number of properties being annexed into the city. Ordinance 9127-18 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9127-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.1 9Adopt Ordinance 9128-18 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are both 1990 North McMullen Booth Road, together with one unaddressed parcel located on the South side of Union Street approximately 500 feet west of North McMullen Booth Road and one unaddressed parcel located on the west side of North McMullen Booth Road approximately 500 feet South of Union Street, all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). Ordinance 9128-18 was presented and read by title only. Vice Mayor Caudell moved to adopt Ordinance 9128-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.20 Adopt Ordinance 9131-18 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2018 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste and Recycling Fund, Gas Fund, Airpark Fund, Parking Fund, Marine Fund, Clearwater Harbor Marina Fund, Administrative Services Fund, General Services Fund, Garage Fund, and Central Insurance Fund. Draft City Council Meeting Minutes April 4, 2018 Page 19 City of Clearwater Ordinance 9131-18 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 9131-18 on second and final reading. Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 10.21 Adopt Ordinance 9132-18 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2018, to reflect a net increase of $22,677,865. Ordinance 9132-18 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9132-18 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 11. City Manager Reports 11.1 Approve the Local Housing Assistance Plan (LHAP) for Fiscal Year 2018-2019 through 2020-2021 and adopt Resolution 18-04. Florida Statute 420.9079 requires counties and cities receiving State Housing Initiatives Partnership (SHIP) Program funds to develop a 3-year Local Housing Assistance Plan (LHAP) outlining strategies for how the funds will be utilized. The City receives its allocation from the State of Florida through Florida Housing Finance Corporation (FHFC). For fiscal year 2017-2018, the City received $480,527 in SHIP funds. Additionally, the City expects to receive $221,037 in program income. The City expends SHIP funds per the strategies outlined in the LHAP. The City’s current LHAP covers state fiscal years 2015-2016 through 2017-2018. The state fiscal year begins on July 1 and ends on June 30 annually. This new LHAP will cover state fiscal years 2018-2019 through 2020-2021 (FY2019-2021). The strategies outlined in the new LHAP are a continuation of the City’s current LHAP. All changes made within the FY2019-2021 LHAP will be retroactive to the current LHAP to enable the use of prior year funds, if available. The LHAP is comprised of Housing Strategies and Incentive Strategies. The Housing Strategies Include: Draft City Council Meeting Minutes April 4, 2018 Page 20 City of Clearwater • Acquisition of Existing Homes with Rehabilitation: This program provides funds to developers and community-based non-profit organizations to acquire, rehabilitate and resell single-family housing units. The community land trust principles may be utilized. This strategy also includes down payment assistance for eligible homebuyers and is continued from the current LHAP with the following change: Borrowers will be required to make a one percent (1%) cash contribution toward the purchase price; the current LHAP does not require a contribution from the buyer. • Down Payment & Closing Costs Assistance with or without Rehabilitation: The City will use SHIP funds to provide down payment and closing costs assistance to eligible homebuyers purchasing existing homes. A one percent (1%) buyer contribution has also been added as a requirement under this strategy. • Owner-Occupied Rehabilitation: The City will provide funds for the rehabilitation of owner-occupied single-family residences. • Multi-Family Housing: The City will provide SHIP funds to developers and community based non-profit organizations to support the acquisition, rehabilitation and new construction of rental housing. • New Construction Program: This program provides funds to eligible developers and community based non-profit organizations for the development of new single-family housing units. • Disaster Mitigation: In the case of natural or man-made disasters, this strategy will utilize SHIP funding for emergency or interim repairs. The Affordable Housing Advisory Committee (AHAC) convened in the fall of 2017 to review policies and procedures, ordinances, land development regulations and the City’s adopted comprehensive plan. The AHAC’s objective was to recommend specific actions or initiatives to encourage or facilitate affordable housing. The current LHAP identifies seven Incentive Strategies per the recommendation of the 2014 AHAC. The 2017 AHAC recommended that those seven incentives remain in place with minor changes and clarifications to some. The AHAC recommended one additional incentive that is incorporated into the FY2019-2021 LHAP: The Economic Development and Housing Department should coordinate with the Planning and Development Department to identify properties having repeat code violations that may be suitable for rehabilitation, acquisition or demolition for affordable housing. Information regarding other Incentive Strategies may be found in the Incentive Strategies section of the LHAP. Per Florida Statute, the City Council adoption of Resolution 18-04 will constitute approval of the LHAP for state fiscal years 2019-2021. The LHAP is due to the State by May 2, 2018. Draft City Council Meeting Minutes April 4, 2018 Page 21 City of Clearwater In response to questions, Economic Development and Housing Assistant Director Chuck Lane said the SHIP funds come from doc stamps raised through the transfer of property. The doc stamp funds are transferred to a trust fund for affordable housing initiatives. The trust fund has been targeted by the Florida Legislature each year to fund non-housing initiatives. This year, the City is expected to receive $156,000; last year the City received $480 000. Vice Mayor Caudell moved to approve the Local Housing Assistance Plan (LHAP) for Fiscal Year 2018-2019 through 2020-2021. The motion was duly seconded and carried unanimously. Resolution 18-04 was presented and read by title only. Councilmember Hamilton moved to adopt Resolution 18-04. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton 11.2 Appoint two individuals to the Community Development Board with terms to expire February 28, 2022. APPOINTMENT WORKSHEET BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Yes RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: MEETING DATES: 3rd Tues., 1:00 p.m. PLACE: Council Chambers APPTS. NEEDED: 2 SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRED AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: Draft City Council Meeting Minutes April 4, 2018 Page 22 City of Clearwater 1. Daivd Allbritton - 217 Palm Island NW, 33767 - Attorney Original Appointment: 10/15/14 (4 absences in the last year) (currently serving 1st term to expire 2/28/21) 2. John Funk - 1006 Magnolia Drive, 33756 - Real Estate Broker Original Appointment: 2/21/13 (1 absence in the last year) Interested in Reappointment: Yes (currently filling unexpired term to expire 2/28/18) Note - submitted resignation letter on April 2, 2018. THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Brian Barker - 1388 Williams Ct., 33764 - Civil Engineer 2. Amanda Battistoni - 611 S Fort Harrison Ave Suite 389, 33756 - CEO/Self Employed 3. Frank L. Dame - 407 Leeward Island, 33767 - Executive VP/COO/Clearwater Marine Aquarium 4. Charles Reed Haydon - 105 Bayside Drive, 33762 - Civil Engineer Original Appointment: 3/2/17 (0 absences in the last year) (Mr. Haydon was appointed as the alternate member to finish an unexpired term until 4/30/18) Note: Mr. Haydon is interested in being appointed as a regular member 5. David L. Jaye - 2856 Shady Oak Ct., 33761 - Real Estate 6. Peter P. Kohut, P.E. - 240 Windward Passage, Unit 105, 33767 - Civil Engineering 7. David Loyd - 1710 Brentwood Dr., 33765 - Dir./Business Development (Currently serving on the Library Board) 8. Elizabeth Van Scoyoc - 3460 Countryside Boulevard, #51, 33761 - Administrative Specialist/Asst. Professor Zip codes of current members: 1 at 33755, 1 at 33759, 1 at 33762, 1 at 33763,1 at 33764 and 3 at 33767 Draft City Council Meeting Minutes April 4, 2018 Page 23 City of Clearwater Current Categories: 1 Attorney 1 Land Use Attorney 2 Civil Engineers 1 Building Contractor 1 Landscape Architect 2 Real Estate Brokers In response to questions, the City Clerk said Mr. Hayden and Mr. Barker are civil engineers. Council provided direction at the work session to reappoint Mr. Boutzoukas under the Consent Agenda. Currently, there are no architects serving on the board. One individual suggested appointing Peter Kohut, a citizen activist w ith a planning background. Councilmember Hamilton moved to appoint Brian Barker to the Community Development Board with a term to expire February 28, 2022. The motion was duly seconded and carried with the following vote: Ayes: 3 - Councilmember Hamilton, Vice Mayor Caudell and Councilmember Allbritton Nays: 1 - Mayor Cretekos Vice Mayor Caudell moved to appoint Jordan Behar to the Community Development Board with a term to expire February 28, 2022. The motion was duly seconded and carried unanimously. 12. City Attorney Reports - None 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Hamilton said the cases like the Duncan Avenue case tonight are the tough ones and are no fun. These are types of cases he would like to see passed through a conditional zoning change but he looked at it seriously and took everything into consideration and has confidence in the final product. Vice Mayor Caudell thanked Council for the Vice Mayor appointment as well as the appointment to the PSTA board. She said transit discussions will be Draft City Council Meeting Minutes April 4, 2018 Page 24 City of Clearwater shared during Council closing comments in the future. She said the City is doing all it can by using Jolley Trolley and Clearwater Ferry to alleviate congestion. Councilmember Allbritton thanked Council for their guidance during his first meeting. He said he knows you can't please everybody and that his heart is in the neighborhoods. He plans to stay close to the Clearwater Neighborhood Coalition and work with them; sometimes hard decisions must be made that Council thinks will be best for the neighborhoods. 14. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 15. Adjourn The meeting adjourned at 8:28 p.m. Mayor City of Clearwater Attest City Clerk Draft Name: Citizen Comment Card Address: ?V \ n C City: Zip. Telephone Number: Email Address: ic3NrYCct r)k Speaking under citizens to be heard re items not on the agenda?? Agenda item(s) to which you wish to speak. What is your position on the item? For Against Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4491 Agenda Date: 4/19/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve forgivable loan to Abilities of St. Andrews Cove, Inc. of Florida in an amount not to exceed $318,600 to rehabilitate six multi-family units for rent at St. Andrews Cove apartment complex and authorize the appropriate officials to execute all instruments required to affect loan closing. (consent) Summary Abilities of St. Andrews Cove, Inc. of Florida has made application to rehabilitate six ADA units at its apartment complex located at 605 N. Keene Road. The loan will provide the funding to rehabilitate and update the units with accessible and universal design features to include ADA kitchen cabinets, new windows, hot water tanks, LED lighting and new HVAC. The loan for the rehabilitation is $314,958.94 and staff has calculated closing costs to be $3,641.06. Funding for this project includes $250,000 from the State Housing Initiatives Partnership Program (SHIP) and $68,600 from the HOME Investment Partnership Program . The loan is a 20-year deferred payment loan with full forgiveness upon full compliance with all terms and conditions of the loan. City of Clearwater Loan Approval Policy, approved by City Council on January 20, 2005, requires city council approval of loan forgiveness for an amount greater than $100,000. Appropriation Code and Amount Funding for this project is available through State Housing Initiatives Partnership and HOME Program funding sources. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4475 Agenda Date: 4/19/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Customer Service Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve an agreement with Intuition Systems, Inc., DBA Bill2Pay, of Clearwater, Fl in the amount of $150,480 for lock box services for the City of Clearwater, from May 1, 2018 through April 30, 2021, with the option of two two-year renewal terms and authorize the appropriate officials to execute same. (consent) SUMMARY: In December 2017, the City issued RFP 04-18 to solicit proposals for processing of mailed utility bill remittance payments, known as lock box services. The committee consisted of staff from Utility Customer Service, Finance, and IT. Based on the selection criteria contained from the four responses received Bill2Pay was selected as vendor of choice. Estimated costs are: ·$50,160 annually APPROPRIATION CODE AND AMOUNT: Funds in the amount of $19,400 for FY18 are available in cost code 0555-09884-530300-519-000-0000 (other contractual services). Funding for future years will be requested in the annual budget process. Page 1 City of Clearwater Printed on 4/19/2018 I„ Ilenw; vor r r ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDIY`fYY) 12/29/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothetermsandconditionsofthepolicy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Services LLC Deerwood North Building 300 4601 Touchton Rd, Suite 3210 Jacksonville, FL 32246 CONTACT Staci RichterNAME: AJC,NN Ext): 904-450-4717 (A/C, No): 877 - 775 -0285 E-MAILES: staci.richter@usi.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : Sentinel Insurance Company Ltd. 11000 INSURED Intuition Systems, Inc.; Intuition LLC; BiII2Pay, LLC; Intuition College Savings Solutions LLC; Veritec Solutions, LLC Intuition ABLE Solutions, LLC INSURER B : Federal Insurance Company 20281 INSURER C: AIG Specialty insurance Company 26883 INSURER D : Gemini Insurance Company 10833 INSURER E: Hartford Accident & Indemnity Company 22357 INSURER F: n•rnu eu uaetD• COVERAGES t,tee I IrwN t t',urum rte. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY) POLICY EXP MM /DD/YYYY) LIMITS LTR A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 21 SBABW9581 12/31/2017 12/31/201 s, EACH OCCURRENCE 1,000,000 1,000,000 10,000 1,000,000 PREMISES (Ea occuence) MED EXP (Any one person) CLAIMS -MADE L Xl OCCUR PERSONAL 8 ADV INJURYXBlanketAddrlIns. GENERAL AGGREGATE 2,000,000 2,000,000 X Blanket Waiver PRODUCTS - COMP /OP AGG GEN'L AGGREGATE I POLICY LIMIT APPLIES PRO- PER: LOC E AUTOMOBILE X X X JECT LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Blanket AI X X SCHEDULED A ED AUTOS UTO SAUTOS Blanket WOS 21UECZP2380 12/31/2017 12/31/2018 NED SINGLE LIMITCEaOMBIaocident) 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident) PIP 10,000 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 21SBABW9581 12/31 /2017 12/31/2018 EACH OCCURRENCE 5,000,000 5,000,000AGGREGATE DED X RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT B C D Crime Cyber Liability Prof /E&O Liab. 82092987 BINDER14190967 BINDER14190981 12/31/2017 12/31/2017 12/31/2017 12/31/2018 12/31/2018 12/31/2018 5,000,000 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION City of Clearwater Attn: Customer Service 100 South Myrtle Avenue Clearwater, FL 33756 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 of 1 S22227839/M22226796 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SZYZP Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4476 Agenda Date: 4/19/2018 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Customer Service Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve an agreement with InfoSend, Anaheim, California, in the amount of $1,440,000 for utility bill print and mail, from May 1, 2018 through April 30, 2021, with two two -year renewal options and authorize the appropriate officials to execute same . (consent) SUMMARY: In December 2017, the City issued RFP 04-18 to solicit proposals for utility bill print and mail. The committee consisted of city staff from Utility Customer Service, Finance, and IT. Based on the selection criteria and the nine responses received, InfoSend was selected as vendor of choice. In addition to pricing, which was competitive, the committee was impressed with InfoSend’s different level of services, quality control and experience. The terms of the contract provide for: ·Printing, processing (including insertions as required), affixing postage and mailing of city utility bills; printing and inserting the Sunshine line ·Vendor provides all bill stock and envelopes (mailing and return); Estimated costs are: - Postage: $1,080,000 ($360,000 annually); - Contractual Services: $360,000 ($120,000 annually); APPROPRIATION CODE AND AMOUNT: Funds in the amount of $163,300 for Fiscal Year 18 are available in cost code 0555-09884-542500 (postage) for utility bill postage. Funds in the amount of $106,300 for Fiscal Year 18 are available in cost code 0555-09884-530300 (contractual services) for utility bill print and mail fees; Funding for future years will be requested in the annual budget process. Page 1 City of Clearwater Printed on 4/19/2018 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD SHEHNER 04/02/2018 INFOINC-01 A 79896856 A 73587120 A 71749812 A 36031149 B MCN00222831701 1,000,000 1,000,000 1,000,000 5,000,000 5,000,000 2,000,000 1,000,000 2,000,000 10,000 1,000,000 1,000,000 1,000,000 X X X X X X X X B MCN00222831701 License # 0D28764 02/01/2018 02/01/2019 02/01/2018 02/01/2019 12/01/2017 12/01/2018 02/01/2018 02/01/2019 02/01/2018 02/01/2019 12/01/2017 12/01/2018 Certificate Holder is hereby named as an additional insured with regards to General Liability. Waiver of subrogation applies to workers compensation. Orion Risk Management Insurance Services, Inc. 1800 Quail Street, Suite 110 Newport Beach, CA 92660 (949) 263-8860(949) 263-8850 City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33758 INFOSEND, Inc. / Rezai and Son, LLC 4240 E. La Palma Ave Anaheim, CA 92807 Federal Insurance Company Axis Insurance Company 20281 37273 X X E&O Limit Cyber Limit 5,000,000 1,000,000 E&O; $25,000 DED Cyber; $25,000 DED Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9129-18 Agenda Date: 4/19/2018 Status: Public HearingVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the request from City of Clearwater staff to vacate a portion of public right-of-way of Haven Street dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas County, Florida, and certain real property dedicated as public right-of-way by City of Clearwater Resolution 79-50, as recorded in Official Records Book 4867, Page 1478, Pinellas County, Florida; pass Ordinance 9129-18 on first reading and authorize the appropriate officials to execute same. (VAC 2018-04) SUMMARY: As a pre-requisite to a land swap between the City of Clearwater and the Church of Scientology Flag Service Organization, Inc. (COS), it is necessary to vacate a portion of Haven Street and certain real property that was dedicated as Right-of-Way in Official Records Book 4867, Page 1478. The portion of property that remains in City ownership following the vacation will represent one of the three parcels to be swapped in the property exchange between the City and COS. The land swap, which is outlined in more depth in that certain Contract for Exchange of Real Property agenda item, being presented for City Council consideration simultaneously herewith, will provide for the exchange of three city owned properties in return for a strategic downtown property owned by the COS. There are four conditions to this vacation. 1) the declaration of surplus of the city-owned portions of real property; 2) City Council approval of the Contract for Exchange of Real Property along with the closing on, and conveyance of, the property as contemplated in the contract; 3) The City will retain a blanket general utility, drainage and gas easement over the entire premises to be vacated; and 4) Easements will need to be granted to private utility companies so that they may sustain their existing utilities, as well. All city departments have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 4/19/2018 [GM17-9216-055/215742/1]1 Ord. No. 9129-18 ORDINANCE NO. 9129-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PUBLIC RIGHT-OF-WAY DESCRIBED AS THAT CERTAIN PORTION OF HAVEN STREET RIGHT-OF-WAY OF COURT SQUARE,AS RECORDED IN PLAT BOOK 5, PAGE 53 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF CERTAIN REAL PROPERTY DEDICATED AS RIGHT-OF-WAY IN RESOLUTION NO. 79-50 OF THE CITY OF CLEARWATER, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 4867, PAGE 1478 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BOTH BEING BOUND BY FRANKLIN STREET TO THE NORTH, SOUTH GARDEN AVENUE TO THE EAST, COURT STREET TO THE SOUTH, AND SOUTH FORT HARRISON AVENUE TO THE WEST; SUBJECT TO, AMONG OTHER THINGS, A BLANKET GENERAL UTILITY, DRAINAGE AND GAS EASEMENT TO BE RESERVED OVER THE ENTIRE RIGHT-OF-WAY TO BE VACATED HEREIN; SUBJECT TO THE GRANTING OF CERTAIN PRIVATE UTILITY EASEMENTS AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property adjoining the right-of-way described and depicted in Exhibit “A” (attached hereto and incorporated herein) (“Platted Right-of-way”), has requested that the City vacate said right-of-way; and WHEREAS, the City, as owner in fee title of real property described and depicted in Exhibit “B” (attached hereto and incorporated herein) (“Dedicated Right-of-way”), which is adjacent to the property described in Exhibit “A” and which was dedicated as right-of- way by Resolution 79-50 of the City of Clearwater, Florida, finds it appropriate to vacate said right-of-way; and WHEREAS, the Platted Right-of-way and Dedicated Right-of-way shall be referred to collectively herein as “Entire Right-of-way” (Exhibit “C”); and [GM17-9216-055/215742/1]2 Ord. No. 9129-18 WHEREAS, the City Council of the City of Clearwater, Florida finds that said right- of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The right-of-way described as follows: That certain portion of Platted Right-of-way of Haven Street as more particularly described in Exhibit “A” and that certain portion of Dedicated Right-of-way as more particularly described in Exhibit “B” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon the following conditions precedent: 1.The declaration as surplus of the City-owned portions of the real property described in Exhibits “A” and “B” in accordance with the City of Clearwater Code of Ordinances and City policies and procedures; and 2.Clearwater City Council approval of that certain Contract for Exchange of Real Property (as set forth in full in Exhibit “D” attached hereto and incorporated herein) and the closing on, and conveyance of, the property as contemplated therein; and 3.The City hereby reserves and retains a Blanket Utility, Drainage and Gas Easement over the Entire Right-of-way vacated parcel for the installation, maintenance and replacement of any and all utilities thereon by the City of Clearwater and for ingress and egress across the entire parcel for said purposes; and 4.As a pre-requisite to the vacation becoming effective, all property owners abutting the Entire Right-of-way vacated hereby shall grant easements to Duke Energy Florida, Inc. (doing business as “Duke Energy”), Bright House Networks, LLC, Verizon Florida, Inc., and Knology of Central Florida (doing business as WOW!), as requested by each entity, the location and terms of which are acceptable to the respective utility providers. This vacation ordinance shall be null and void if this condition is not met within forty-five (45) calendar days from the adoption of this ordinance. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. [GM17-9216-055/215742/1]3 Ord. No. 9129-18 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 Court Square Plat Book 5, Page 53 CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on _______________, 2018 (“Effective Date”), by and between the CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation (herein “COS”), of 503 Cleveland Street, Clearwater, Florida 33755, and the CITY OF CLEARWATER, FLORIDA, a Municipal corporation of the State of Florida (herein "City") of P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that the Parties shall exchange the following real property ("Real Property") (CITY’s Property and COS’s Property, as defined below, is sometimes collectively referred to as "Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: Property to be conveyed by COS to CITY consists of a certain parcel of real property as described on Exhibit “A” attached hereto and made part hereof (“COS Property”). Property to be conveyed by CITY to COS consists of three certain parcels of real property as described on Exhibit “B” attached hereto and made part hereof (“CITY Property”). 2. FULL PURCHASE PRICE: This Agreement is for an exchange of Property as between the Parties and there is no additional consideration to be paid by either party at Closing. At the time of Closing, COS shall convey to City, pursuant to the terms herein, COS Property, and CITY shall convey to COS the City Property. The conveyance of the COS Property shall constitute full consideration for the conveyance of the City Property. The conveyance of the City Property shall constitute full consideration for the conveyance of the COS Property. 3. MANNER OF PAYMENT: CITY Property shall be conveyed to COS by Special Warranty Deed. COS Property shall be conveyed to City by Warranty Deed; and, closing costs shall be attributed to the Parties as provided for herein. 4. PURCHASE PRICE The Full Purchase Price is based upon appraisals of both the COS Property and the CITY Property by James M. Millspaugh & Associates dated October 3, 2016, February 17, 2017 respectively, as amended March 8, 2017 and March 21, 2018, all of which are on file with the City Real Estate Department. [GM17-9216-055/217711/1] Page 1 of 15 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by COS, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to COS within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to COS in writing within 10 days of such action by the City Council, and COS shall have 10 days thereafter to deliver to CITY, written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter- offer is rejected by COS, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and COS shall be so informed in writing within 5 days of such action. Contingencies: The exchange proposed in this contract shall be contingent upon: (1) the declaration of the City Property as surplus in accordance with the City of Clearwater Code of Ordinances/Charter; (2) City Council approval of a vacating ordinance which vacates that certain portion of public right-of-way f/k/a and platted as Haven Street and a portion of right-of-way dedicated in Resolution 79-50 of the City of Clearwater, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein) (Said vacation ordinance shall be conditioned upon, among other things, the Closing of the property exchange as contemplated herein and the granting of utility easements by COS to certain private utility companies);; and (3) the City being granted adequate access to the COS Property in accordance with the timeframes contemplated herein for purposes of conducting inspections and investigations, including environmental investigations, as provided for herein. Should COS fail to provide access to the City, such failure shall constitute a material breach and this Contract shall be null and void in all respects with neither party having any further obligation to the other. 6. TITLE COS warrants that at the time of closing, COS shall have legal capacity to and shall convey marketable title to the COS Property by Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to CITY. Otherwise title shall be free of liens, easements and encumbrances of record or known to COS, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents CITY's intended use of the COS Property for downtown redevelopment purposes. COS warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. [GM17-9216-055/217711/1] Page 2 of 15 CITY warrants legal capacity to and shall convey marketable title to the CITY Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to COS. Otherwise title shall be free of liens, easements and encumbrances of record or known to City, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents COS's intended use of the CITY Property for redevelopment purposes. CITY warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Each party shall, at the expense of the party granting title and within 15 days prior to closing date, deliver to the other party, a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by CITY or COS as may be appropriate at or before closing for both the COS Property and the CITY Property, as their interests may appear. The parties shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. The other party shall have 5 days from receiving evidence of title to examine it. If title is found defective, the objecting party shall, within 3 days thereafter, notify the other party in writing specifying defect(s). If the defect(s) render title unmarketable, the granting party will have 120 days from receipt of notice within which to remove the defect(s), failing which the objecting party shall have the option of either accepting the title as it then is or withdrawing from this Contract. CITY or COS, as appropriate will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 8. SURVEY The Parties, at their own expense, within time allowed to deliver evidence of title and to examine same, may have the CITY Property or COS Property surveyed (by COS or CITY, respectively) and certified to the other party and closing agent by a registered Florida land surveyor. If survey shows any encroachment on the respective parcel, or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE [GM17-9216-055/217711/1] Page 3 of 15 [X] COS [ ] CITY shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 17, 2018 but in no case later than 120 days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Closing Agent, on behalf of COS, shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments for both conveyances. The appropriate parties shall deliver resolutions authorizing the sale and delivery of the deed and certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of local law. 11. CLOSING EXPENSES Documentary stamps on the COS Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the COS. Documentary stamps on the CITY Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statues, shall be paid by the COS. Each party shall also pay the costs of recording any corrective instruments required to insure marketable title of the property being conveyed by that party. Recordation costs of the deeds shall be paid by the respective grantee. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Properties shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property acquired by the City from taxation as provided in Chapter 196, Florida Statutes (2016). If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held in trust for third parties in occupancy of the Properties shall be credited to the other party at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by respective owner/seller. 13. OCCUPANCY The parties warrant to one another that there are no parties in occupancy on the respective Properties, unless as otherwise disclosed herein. If Property is intended to [GM17-9216-055/217711/1] Page 4 of 15 be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. The Parties agree to deliver occupancy of the respective Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, the Party taking occupancy assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES The parties shall, not less than 15 days before closing, furnish to the other party copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If unable to obtain such letter from each tenant, the same information shall be furnished by the other party within that time period in the form of an affidavit, and the party may thereafter contact tenants to confirm such information. The granting party shall, at closing, deliver and assign all original leases to the other party and credit the parties with all advanced rents and security deposits paid by or on behalf of each tenant. 15. PROPERTY CONDITION The parties shall deliver the respective Properties to the respective grantee party at time of closing in their present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Neither party makes any warranty other than as is disclosed herein in Paragraph 21 (“WARRANTIES”) and marketability of title. Each Party’s covenant to exchange the respective Properties “as is” is more specifically represented in either subparagraph 1. a. or b. as marked [X]. a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X] As Is With Right of Inspection: Each Grantee may, at its expense and within 90 days following the Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property it is acquiring as it deems necessary to determine suitability for its intended use. The other Party shall grant reasonable access to the Property to said Grantee, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Each Party will, upon reasonable notice, provide utilities services as may be required for Grantee’s inspections and investigations. Each Party shall not engage in any activity that could result in a mechanics lien being filed against the Property without respective Grantor’s prior written consent. Grantee may terminate this contract by written notice to [GM17-9216-055/217711/1] Page 5 of 15 the respective Grantor prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Grantee, unless the respective Grantor elects to repair or otherwise remedy such conditions to Grantee satisfaction; or Grantee, at its option, may elect to accept a credit at closing of the total for estimated repair costs as determined by a licensed general contractor of Grantee’s selection and expense. If this transaction does not close, grantee agrees, at Grantee expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. Access to the COS Property shall be granted to City as of the Effective Date of this Contract for purposes of conducting the inspections and investigations provided for herein. Should COS fail to provide the City adequate access to the COS Property for investigations as provided for herein, this Contract shall be null and void in all respects with neither party having any further obligation to the other. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, the parties may conduct a final "walk-through" inspection of the Properties to determine compliance with any obligations under Paragraphs 8, 13 and 15 and to ensure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. HOLD HARMLESS CITY is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 768.28, agrees to indemnify and hold harmless COS from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from CITY's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. COS agrees to indemnify and hold harmless the City from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from COS own negligence, or that of its employees or agents only. 18. RISK OF LOSS If any of the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the property so damaged, cost of restoration shall be an obligation of the grantor party and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, the respective Grantee shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. [GM17-9216-055/217711/1] Page 6 of 15 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deeds to the CITY Property and COS Properties shall be recorded upon delivery of all deeds and other required closing documents, and payment and clearance of funds payable for title insurance and other closing costs. Proceeds of sale shall be held in escrow by COS's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at the respective owner’s expense to show title in the other party, without any encumbrances or change which would render the property’s title unmarketable from the date of the last title evidence. If title is rendered unmarketable through no fault of the other party, the objecting party shall, within the 5 day period, notify the other party in writing of the defect and the non-objecting party shall have 30 days from the date of receipt of such notification to cure the defect. If the defect is not timely cured, all funds paid by or on behalf of the other party shall, upon written demand made and within 5 days after demand, be returned to the other party and simultaneously with such repayment, the property shall be reconveyed by the same type deed of the original conveyance. If the objecting party fails to make timely demand for refund and reconveyance of property, objecting party shall take title "as is", waiving all rights against the non-objecting party as to any intervening defect except as may be available to objecting party by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2016), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Grantor, other than to make the title marketable after diligent effort, the respective Grantee may seek specific performance or unilaterally cancel this agreement upon giving written notice to Grantor. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. RESPECTIVE GRANTOR WARRANTIES Respective Grantors warrant that there are no known facts that would materially effect the value of the Properties, or which would be detrimental to the Properties, or which would effect parties desire to exchange the properties except as follows: NONE The parties shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") to investigate said matters as disclosed by the other party, and shall notify the granting party in writing regarding closing on this contract notwithstanding said matters, or whether the contract shall be cancelled. Failure to notify the other party within said time period, the respective Grantee shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. [GM17-9216-055/217711/1] Page 7 of 15 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(5), Florida Statutes (2016), as amended, the parties is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contract, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND This contract [X] is not assignable [ ] is assignable. The terms "CITY", "COS", and "Broker" (if any) may be singular or plural. This Contract is binding upon CITY, COS, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, each party shall be reasonable for its own attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. [GM17-9216-055/217711/1] Page 8 of 15 28. BROKER REPRESENTATION Neither party is represented by a real estate broker. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 30. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. In any litigation arising out of or relating to this Contract, the Parties agree that venue shall be in the United States District Court, Middle District of Florida, Tampa Division, or the Circuit Court located in Pinellas County, Florida. 31. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 32. EXHIBITS ATTACHED Exhibit “A” (legal description of COS Property), Exhibit “B” (legal description of CITY Property), and Exhibit “C” (legal description of public right-of-way to be vacated f/k/a and platted as Haven Street) are attached hereto and made a part of this contract. 33. ENTIRE AGREEMENT Upon execution by COS and CITY, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM17-9216-055/217711/1] Page 9 of 15 City Signature Page to Contract For Exchange of Real Property Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ By: _________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: __________________________ _____________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk [GM17-9216-055/217711/1] Page 10 of 15 COS Signature Page to Contract For Exchange of Real Property CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation By: _________________________ Print Name: Title: Attest: ________________________________ ________________________________ Print Name ________________________________ ________________________________ Print Name [GM17-9216-055/217711/1] Page 11 of 15 EXHIBIT “A” COS PROPERTY Parcel No. 15-29-15-53928-005-0011 [GM17-9216-055/217711/1] Page 12 of 15 EXHIBIT “B” CITY PROPERTY • 600 Franklin Street – The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. • Dedicated Right-of-Way – a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. • The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. [GM17-9216-055/217711/1] Page 13 of 15 EXHIBIT “C” A PORTION OF PUBLIC RIGHT-OF-WAY TO BE VACATED FORMERLY KNOWN AS AND PLATTED AS HAVEN STREET IN PLAT BOOK 5, PAGE 53, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF RIGHT-OF-WAY DEDICATED IN RESOLUTION 79-50 OF THE CITY OF CLEARWATER, FLORIDA AS MORE PARTICULALRY DESCIRBED HEREIN [LEGAL DESCRIPTION AND SKETCH ON FOLLOWING PAGE] [GM17-9216-055/217711/1] Page 14 of 15 [GM17-9216-055/217711/1] Page 15 of 15 9771432v1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4487 Agenda Date: 4/19/2018 Status: Public HearingVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Declare three parcels of certain real property in Section 16, Township 29 South, Range 15 East, formerly used respectively as right-of-way, a meeting facility that supported old Fire Station 45, and a parking lot consisting of 9 parking spaces adjacent to the North Garden Avenue Parking Garage as surplus for the purpose of exchanging the three parcels for a strategic parcel in the downtown core, which is of greater value, currently owned by the Church of Scientology Flag Service Organization, Inc. (COS) and authorize the appropriate officials to execute same. (APH) SUMMARY: The City is the owner of three parcels of land more particularly described as: 1.600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. 2.Dedicated Right-of-Way - a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. 3.The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. The first parcel, 600 Franklin Street, supported the old Fire Station 45. The property is approximately 3,660 square feet and the appraised value of the parcel has been determined by James Millspaugh & Associates, Inc., to be One Hundred Sixty-Five Thousand dollars ($165,000.00). The second parcel, the right-of-way parcel, is located North of Court Street, between S. Garden Avenue and S. Fort Harrison Avenue, and contains right-of-way both dedicated as Haven Street by plat and right-of-way dedicated by a Resolution of the Clearwater City Council. The Haven Street portion of the right-of-way parcel was dedicated in Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and will join the adjacent fee-owned lots by operation of law upon vacation. The right-of-way over City-owned lots 34 and 45 of Court Square Subdivision was dedicated by Resolution No. 79-50 in Official Records Book 4867, Page 1478, Official Records of Pinellas County. Following the vacation of the right-of-way parcel in accordance with Vacation Ordinance 9129-18, being presented for Council approval simultaneously herewith, the remaining City-owned property will be approximately 4,750 square Page 1 City of Clearwater Printed on 4/19/2018 File Number: ID#18-4487 feet. The appraised value of right-of-way/city owned parcel has been determined by Jim Millspaugh & Associates, Inc., to be Two Hundred Thousand dollars ($200,000.00). The third parcel, located at 28 North Garden Avenue (commonly known as the City of Clearwater’s North Garden Avenue Parking Lot) lying east of Watterson Avenue, north of Cleveland Street, south of Hendricks Street, and west of N Garden Avenue. This lot is approximately 4,500 square feet and includes 9 parking spaces, open to the public. The parking rate at this lot is $0.50 an hour with a maximum time limit of 2 hours. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is Ninety Thousand dollars ($90,000.00). The property owned by COS, to be granted to the city is a paved parking lot in disrepair at the southwest corner of Martin Luther King Jr Avenue and Cleveland Street, Parcel ID# 15-29-15-53928-0005-0011. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is $640,000.00. The Nolen Project in the downtown core creates a need for public parking. It is contemplated that the property to be conveyed to the city will provide some needed parking. Per City Charter Section 2.01(d)(5)(iv), real property declared surplus may be exchanged for other real property having a comparable appraised value. Page 2 City of Clearwater Printed on 4/19/2018 55 50 203050 1 2 34 41/0233055 50 55(S)5035 3550 8070 6028 17 35 15 15 55 35 44 355035606059.5303052(S)3512121155(S)1550 23814 59580 32292 32292 32274 16528 * 85185 A B 1 2 6 5 7 17 18 20134 1 2 3 4 5 6 7 8 9 10 7 6 5 1 2 3 4 5 6 7 10 9 8 7 6 5 4 3 2 1 18 17 16 15 14 1 2 3 4 5 6 7 8 1 2 3 4 9 10 11 13 3 4 5 6 13 14 15 16 17 18 3 2 1 12 13 14 6 5 123456734 14131211109821 91011 1 2 3 4 5 6 7 8 4 3 2 1 23 22 21 20 1 3 4 9 2 8 12 1 2 3 1 7 12/01 12/03 12/0 2 11/01 11/03 12/10 A C 2 1 2 12 1 Garden Avenue Garage(City Owned) 24 46 34 28 33 512606124 530612628505615534515515101 527120 601600531100 619432-ENE 1/4 of 16-29-15 286B SE 1/4 of 9-29-15 277B DREW ST PARK ST CLEVELAND ST N GARDEN AVE HENDRICKS ST WATTERSON AVE LAURA ST N FORT HARRISON AVE S GARDEN AVE ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.286B 16-29s-15e05/09/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PART OF PARCEL ID 16-29-15-32274-005-0012,GARDEN AVENUE GARAGE28 N GARDEN AVE Path: V:\GIS\_Staff\Chris\Projects\City\Garden Ave Garage Parcel\GIS Map\GardenAvenueGarageParcel.mxd City Portion to be Swapped in Property Exchange The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records ofHillsborough County, Florida, of which Pinellas County was formerly a part. Hatc hed area further describe d as: THIS IS NOT A SURVEY Court Square Plat Book 5, Page 53 Platted and Dedicated Right of Way to be Declared Surplus COURT ST LAURA ST PARK ST CLEVELAND ST PIERCE ST S EAST AVEFRANKLIN ST S MYRTLE AVE S PROSPECT AVE EWING AVE S FORT HARRISON AVE S MARTIN LUTHER KING, JR. AVE N EAST AVEBOOTH AVE S GARDEN AVE N MYRTLE AVE N GARDEN AVE WATTERSON AVE PADUA LN N FORT HARRISON AVE MARKLEY ST NPROSPECTAVENATHANS LN PARK ST PIERCE ST S GARDEN AVE JB TM 286B 16-29s-15e 04/06/18Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Property Swap Locations andAppraised Value Comparison Church of Scientology SiteAppraised Value: $640,000 ² N.T.S.Scale: Document Path: S:\ENV\Jim Benwell\GIS\Prop Swap with Church Values.mxd Parking Lot #4Appraised Value: $90,000 600 Franklin StAppraised Value: $165,000 Platted and Dedicated Right-of-WayAppraised Value: $200,000 3 Properties to b e Swapped by City Total: $45 5,000Property to b e Swapped by Church of Scientology: $6 40,00 0Difference in Tota l: $185,000 60174070 906050 96 155060 15 50 15 96 100 100 60606059.512121115CSXRAILROAD32292 54450 1864894896 18648 1220134 5 8 6 5 87 7 12 12 13 345 876 1234567 14131211109821 3 4 5 6 7 8 1 321 8910 7654321 89101112131412 3491011 6 7 8 1 2 3 4 5 321 8910 87654321 910111213141516 2 18 9 76 1 2 3 4 5 321 10 9 8 87654321 910111213141516 1 2 3 4 5 6 7 8 9 10 14131211 39 38 37 36 35 40 41 42 43 44 34 32198765432118171615 1923 3346 (52) 47 32 11 10 14/0213/0211 NE 1/4 of 16-29-15 286B S EAST AVEPARK ST COURT ST PIERCE ST FRANKLIN ST S FORT HARRISON AVE S GARDEN AVE ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JCA TM N.T.S.286B 16-29s-15e04/06/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PARCEL ID 16-29-15-32292-007-0011,600 FRANKLIN STREET Path: V:\GIS\Engineering\Location Maps\600FranklinSTParcel.mxd City Portion to be Swapped in Property Exchange The South 60’ of Lot 1, Block 7, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records ofHillsborough County, Florida, of which Pinellas County was formerly a part. Hatc hed area further describe d as: THIS IS NOT A SURVEY Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2018-12026 Agenda Date: 4/19/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Approve the annexation of 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane and pass Ordinance 9123-18 on first reading. (ANX2017-12026) SUMMARY: This voluntary annexation petition involves a 24.46-acre parcel located at the southwest corner of Curlew Road and Lake Shore Lane. The parcel is owned by the Friedel B. Roddey Family Trust. Currently, the property is occupied by two single family homes, one of which is accessed from Lake Shore Lane along the eastern boundary of the site, and one which is accessed from Aspen Trail which terminates at the southern property line. Additionally, there is a detached garage and barn on the property. A 4.8-acre stormwater pond provides stormwater storage and treatment for the neighborhood to the south of the subject site through drainage easements. The applicant is requesting annexation in order to redevelop the property with a new residential subdivision; however, no site plan has been submitted at this time. The property is contiguous to existing city boundaries along the east. The applicant has also submitted applications to change a 9.20-acre portion of the property’s Future Land Use Map designation for from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater) (LUP2018-02001) and to rezone the entire property (24.46 acres) to the Low Medium Density Residential (LMDR) District (REZ2017-12013) upon annexation into the City of Clearwater. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of the Clearwater Community Development Code Section 4-604.E. as follows: ·The parcel currently has a well for potable water, and Pinellas County would provide water service when the property is redeveloped. The closest sanitary sewer line is in the adjacent Lake Shore Lane right -of-way. The applicant is aware that they are responsible for evaluating the proper method to connect to the City ’s sewer system, as well as for the additional costs to extend and connect to the sewer system and any for upgrades to the existing system that may be necessary to receive additional wastewater flows. Collection of solid waste will be provided by the City. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station #50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation Page 1 City of Clearwater Printed on 4/19/2018 File Number: ANX2018-12026 will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City ’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. ·The property proposed for annexation is contiguous to existing City boundaries along the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/19/2018 Ordinance No. 9123-18 ORDINANCE NO. 9123-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY SOUTH OF CURLEW ROAD, WEST OF LAKE SHORE LANE AND EAST OF CURLEW CITY 1ST REPLAT SUBDIVISION AND NORTH OF TRAILS OF COUNTRYSIDE SUBDIVISION, WHOSE POST OFFICE ADDRESSES ARE 3474 ASPEN TRAIL, 3490 AND 3492 LAKE SHORE LANE, CLEARWATER, FLORIDA 33761 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 B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit A for Legal Description (ANX2017-12026) 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. 9123-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2017-12026, LUP2018-02001 & REZ2017-12013 3474 Aspen Trail, 3490 & 3492 Lake Shore Lane PIN 18-28-16-00000-410-0000 The Northeast quarter (NE¼) of the Southeast quarter (SE¼) of Section 18, Township 28 South, Range 16 East. All lying and being in Pinellas County, Florida. AND From the SE corner of the NE¼ of Section 18, Township 28S, Range 16E, run thence S89°23’41”W along the ¼ section line 450.0 ft. for P.O.B. Thence continuing along said ¼ section line 946.63 ft.; thence N1°11’36”W 320.35 ft. along the 40 acre line to the center line of County Road #38; thence along a curve to the Right chord Bearing N78°42’07”E, 456.12 ft. Radius 1909.86 ft.; thence N85°33’28”E. 503.13 ft., thence S0°34’00”E, 438.62 ft. to P.O.B. less the Northerly 50.0 ft. for Road Purposes. All lying and being in Pinellas County, Florida. AND From the SE corner of the NE¼ of Section 18, Twp. 28 South, Range 16 East, run thence South 89°23’41” West along the 1/4 Section line 450 ft., for Point of Beginning. Thence continue in the same direction along said 1/4 Section Line 946.63 ft., thence North 1°11’36” West, 100 ft., m.o.l. to the Southerly boundary of the right-of-way of County Road #38 (Curlew Road) as said right-of-way existed on the 28th day of July, 1959; thence meandering Northeasterly along said Southerly boundary of said old right-of-way of County Road #38 to a point where the old Southerly boundary of County Road #38 intersects with the new Southerly boundary of County Road #38 as same is now constituted, thence Easterly along said Southerly boundary of said County Road #38 as now constituted, to a point in said Southerly boundary which point is 388.51 ft., m.o.l. North 0°34’00” West of Point of Beginning; thence South 0°34” East, 388.51 ft. to Point of Beginning. All lying and being in Pinellas County, Florida. AND That part of the SE¼ of the NE¼ of Section 18, Township 28 South, Range 16 East, described as follows: Begin at the Southeast corner of the NE¼ of Section 18 Township 28 South, Range 16 East, and run thence S 89°23’41” W along the East and West center line of said Section 18, 240.0 feet for a Point of Beginning; thence continue S 89°23’41” W, 210.0 feet; thence N 0°34’00” W parallel to the East line of the NE¼ of said Section 18, 438.62 feet to a point on the centerline of Right of Way of Curlew Road; thence N 85°33’25” E along said center-line of Right of Way, 90.25 feet; thence along said center-line of Right of Way and a curve to the right whose chord bears N 87°21’31” E, 120.04 feet, arc = 120.06 feet and radius 1909.86 feet thence S 0°34’00”E, 448.94 feet to Point of Beginning, LESS the Northerly 50.0 feet for Road purposes. All lying and being in Pinellas County, Florida. AND Exhibit A That part of the SE¼ of the NE¼ of Section 18 Township 28 South Range 16 East, described as follows: Begin at the Southeast corner of the NE¼ of Section 18 Township 28 South, Range 16 East and run thence S 89°23’41” W along the East and West center-line of said Section 18, 240.0 feet; thence N 0°34’00” W parallel to the East line of the NE¼ of said Section 18, 448.94 feet to a point on the center- line of Right of Way of Curlew Road; thence; thence along said center-line of Right of Way and a curve to the right whose chord bears S 87°14’44”E, 240.40 feet, arc = 240.46 feet and radius = 1909.86 feet to an intersection with said East line of the NE¼ of said Section 18; thence S 0°34’00” E along said East line of the NE¼ of said Section 18, 434.85 feet to Point of Beginning. LESS the Northerly 50.0 feet for Road purposes. All lying and being in Pinellas County, Florida. Less the properties shown in Book 5791, Page 1129; Book 9224, Page 2116; Book 9224, Page 2118, and Book 9341, Page 1566, all of the Public Records of Pinellas County, Florida. Exhibit B 12060 60 30 201337 1 2 3 4 35 34 33 32 31 86 SEE PLAT FOR DIME*606060 99201 1 2 3 4 76 86124(S)50 50 50 50 141(S)127(S)25 127(S)121(S)129(S)128(S)134(S)129(S)129(S)20115 201331 2 1 2 3 4 1 2 3 4 5 6 7 15 16 17 18 19 20 21 3 4 5 6 5 4 3 2 1 18 17 16 15 14 4 3 2 1 17 16 15 14 13 5 4 3 2 1 17 16 15 14 21 20 19 18 (21) LAKE 505050 50 50 50 60 I 13 12 11 10 9 8 7 6 5 4 3 2 B(2) A(1) 1 2 3 4567891011121314 15 16 17 18 19 41 42 43 4450 49 48 54 55 5663 64 6566 67 68 72 73 74 41/00 24.47 A C(C) 1 C U R L E W R D 69th ST NLAKE SHORE LN S K I P P E R T R L 66th ST ASPEN TRL DAVID CT SCOTT CT RODNEY CT MORGAN CT BEECH TRL -Not to Scale--Not a Survey-Rev. 2/22/2018 3474 3490 3492 PROPOSED ANNEXATION Owner(s): Friedel B.Roddey Family Trust Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.47 Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility (T/U) Overlay Low Medium Density Residential (LMDR) US-19 NCURLEW RD 69th ST N298th AVE N70th ST NLAKE SHORE LN NORTHRIDGE DR BRATTLE LN 297th AVE N 66th ST N69th WAY NSEACOL ST 67th ST N68th ST N301st AVE N 300th AVE N S K I P P E R T R L 66th WAY N67th WAY NCUMBERLAND TRL E LAKE SHORE LN REDFORD CT W 297th AVE N -Not to Scale--Not a Survey-PROJECT SITE Rev. 2/15/2018 LOCATION MAP Owner(s): Friedel B.Roddey Family Trust Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.46 Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Medium Density Residential (LMDR) C U R L E W R D C U R L E W R D 69th ST N69th ST NLAKE SHORE LN LAKE SHORE LN 66th ST 66th ST TALLEY DR TALLEY DR S K I P P E R T R L S K I P P E R T R L ASPEN TRL ASPEN TRL DAVID CT DAVID CT BEECH TRL BEECH TRL SCOTT CT SCOTT CT RODNEY CT RODNEY CT MORGAN CT MORGAN CT LINDA CT LINDA CT FAIRFIELD TRL FAIRFIELD TRL SWEETWATER TRL SWEETWATER TRL BREWTON CT BREWTON CT WESTVIEW CT WESTVIEW CT -Not to Scale--Not a Survey-Rev. 2/15/2018 AERIAL PHOTOGRAPH Owner(s): Friedel B.Roddey Family Trust Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.46 Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Medium Density Residential (LMDR) 12060 60 30 201337 1 2 3 4 35 34 33 32 31 86 SEE PLAT FOR DIME*606060 99201 1 2 3 4 76 86124(S)5 0 50 50 50 141(S)127(S)25 127(S)121(S)129(S)128(S)134(S)129(S)129(S)20115 201331 2 1 2 3 4 1 2 3 4 5 6 7 15 16 17 18 19 20 21 3 4 5 6 5 4 3 2 1 18 17 16 15 14 4 3 2 1 17 16 15 14 13 5 4 3 2 1 17 16 15 14 21 20 19 18 (21) LAKE 505050 50 50 50 60 I 13 12 11 10 9 8 7 6 5 4 3 2 B(2) A(1) 1 2 3 4567891011121314 15 16 17 18 19 41 42 43 4450 49 48 54 55 5663 64 6566 67 68 72 73 74 41/00 24.47 A C(C) 1 C U R L E W R D 69th ST NLAKE SHORE LN S K I P P E R T R L 66th ST ASPEN TRL DAVID CT SCOTT CT RODNEY CT MORGAN CT BEECH TRL -Not to Scale--Not a Survey-Rev. 2/22/2018 3474 3490 3492 EXISTING SURROUNDING USES MAP Owner(s): Friedel B.Roddey Family Trust Case: ANX2017-12026 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): ROW (Acres): 24.46 Land Use Zoning PIN: 18-28-16-00000-410-0000 From : Residential Low (RL), Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) Atlas Page: 166B & 177B To: Residential Low (RL), Water Drainage Feature & Transportation/Utility Overlay Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential ANX2017-12026 / LUP2018-02001 / REZ2017-12013 Friedel B. Roddey Family Trust, Mr. Benjamin Roddey III, Trustee 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 1 of 3 View looking south at the subject property, 3474 Aspen Trail, from Curlew Road View looking west at the subject property from Lake Shore Lane View looking south at the subject property’s western boundary (utility easement) from Curlew Road View looking southwesterly at the subject property’s northeastern corner from Curlew Road View looking north at the subject property from Aspen Trail West of the subject property, on Curlew Road ANX2017-12026 / LUP2018-02001 / REZ2017-12013 Friedel B. Roddey Family Trust, Mr. Benjamin Roddey III, Trustee 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 2 of 3 North of the subject property, across Curlew Road View looking easterly along Curlew Road East of the subject property, across Lake Shore Lane South of the subject property, on Aspen Trail View looking westerly along Curlew Road View looking northerly along Lake Shore Lane ANX2017-12026 / LUP2018-02001 / REZ2017-12013 Friedel B. Roddey Family Trust, Mr. Benjamin Roddey III, Trustee 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 3 of 3 View looking southerly along Lake Shore Lane View looking southerly along Aspen Trail Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: LUP2018-02001 Agenda Date: 4/19/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment for a 9.20-acre portion of property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater) upon annexation and pass Ordinance 9124-18 on first reading. (LUP2018-02001) SUMMARY: This Future Land Use Map amendment application involves 9.20 acres of a 24.46-acre property located at the southwest corner of Curlew Road and Lake Shore Lane. The parcel is owned by the Friedel B. Roddey Family Trust. The applicant is requesting to amend the Future Land Use Map designation on a 9.20-acre portion of the subject property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater), indicating the intention to redevelop the site as a residential subdivision; however, no plans have been submitted at this time. The 10.16 acres of land currently designated as Residential Low (RL) in the County will continue to be designated as Residential Low (RL) on the City’s map upon annexation, and the existing 4.8-acre stormwater pond, which is undesignated on Pinellas County’s Future Land Use Map, will be appropriately designated upon annexation as Water/Drainage Feature, consistent with the City’s Comprehensive Plan. The applicant has submitted a Petition for Annexation (ANX2017-12026) and a Zoning Atlas Amendment (REZ2017-12013) which are being processed concurrently with this case. The proposed Residential Low (RL) category would permit development at a density of 5 dwelling units per acre or a floor area ratio (FAR) of 0.40. The applicant provided a Habitat Assessment Memo which concluded that the majority of the upland area on the property is characterized by various grasses that are maintained by mowing and are therefore incorrectly currently designated as Preservation (P) on the County’s Future Land Use Map. The proposed Residential Low (RL) future land use category will allow development that is in character with the surrounding properties and neighborhoods. The Transportation/Utility (T/U) Overlay is proposed along the western boundary of the subject property to recognize the utility transmission lines located in an easement and is an appropriate category because this easement is less than 10 acres in size. The Planning & Development Department has determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. Page 1 City of Clearwater Printed on 4/19/2018 File Number: LUP2018-02001 ·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 Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. The Community Development Board will review this application at its April 17, 2018 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/19/2018 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 17, 2018 AGENDA ITEM: F.1. CASE: LUP2018-02001 REQUEST: To amend the Future Land Use Map designation for a 9.20-acre portion of property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater) upon annexation GENERAL DATA: Applicant ......................... Benjamin Roddey IV Owner ............................. Friedel B. Roddey Family Trust, Mr. Benjamin Roddey III, Trustee Location .......................... 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane, located at the southwest corner of Curlew Road and Lake Shore Lane Property Size ................... 9.20-acre portion of a 24.46-acre parcel Background: This case involves 9.20 acres of a 24.46-acre parcel located on the southwest corner of Curlew Road and Lake Shore Lane. The parcel is owned by the Friedel B. Roddey Family Trust, for which Benjamin Roddey III is a Trustee. Currently, the property is occupied by two single family homes, one of which is accessed from Lake Shore Lane along the eastern boundary of the site, and one which is accessed from Aspen Trail which terminates at the southern property line. Additionally, there is a detached garage and barn on the property. A 4.8-acre stormwater pond provides stormwater storage and treatment for the neighborhood to the south of the subject site through drainage easements. The property is within Pinellas County’s jurisdiction, and the applicant has submitted a Petition for Annexation (ANX2017-12026) that is being processed concurrently with this case at the April 19, 2018 City Council meeting. Annexation is required in order to connect to City services when the site is redeveloped in the future. Map 1 shows the entire parcel’s future land use designations in Pinellas County, and Maps 2 and 3 show the general location of the property and an aerial view of the amendment area. According to the Habitat Assessment Memo prepared by Earth Resources Consulting Scientists and provided by the applicant, in addition to the stormwater pond, the majority of the upland area on the property is characterized by various grasses that are maintained by mowing. There are also remnants of oak hammocks, Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 LUP2018-02001- Page 2 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION but the report found no natural wetlands within the property. There is a utility line traversing the property’s western boundary, and this area is also mowed. Some of this upland area is currently designated as Residential Low (RL) on the County’s Future Land Use Map, while areas around the pond and within the utility easement (8.845 acres in total) are incorrectly designated as Preservation (P) on the map. The City’s Comprehensive Plan provides for the application of the Transportation/Utility (T/U) overlay to recognize utility transmission lines located in an easement that are less than 10 acres in size. The area within the existing utility easement is approximately 1.52 acres in size, and is currently designated Transportation/Utility (T/U) in the northernmost portion of the easement (0.355 acres) and Preservation (P) (1.165 acres) in the remainder of the easement; therefore, the application of the Transportation/Utility (T/U) Overlay with Residential Low (RL) underneath is appropriate within this easement. The 10.16 acres of land currently designated as Residential Low (RL) in the County will continue to be designated as Residential Low (RL) on the City’s map upon annexation and are therefore not the subject of the remainder of this report. Similarly, the existing 4.8-acre stormwater pond, which is undesignated on Pinellas County’s Future Land Use Map, will be appropriately designated upon annexation as Water/Drainage Feature, consistent with the City’s Comprehensive Plan, and is also excluded from the remainder of the analysis in this report. The request is to change the Future Land Use Map designation for a 9.20-acre portion of the subject property from Transportation Utility (T/U) and Preservation (P) (Pinellas County) to Residential Low (RL) and Transportation/Utility (T/U) Overlay (City of Clearwater) upon annexation. A request to rezone the entire parcel from the Agricultural Estate (AE) and R-3 Single Family Residential Districts (Pinellas County) to the Low Medium Density Residential (LMDR) District (City of Clearwater) is being processed concurrently with this case (REZ2017-12013). The applicant has indicated they would like to develop the site with approximately 30 single-family houses; however, no site plan has been submitted at this time. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 LUP2018-02001- Page 3 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 1 Pinellas County Future Land Use Map (Current Designations) Proposed amendment area includes all Preservation (P) and Transportation/Utility (T/U) areas Map 2 Map 3 RL RL Undesignated (Water) T/U P P P RL RL R/OL Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 LUP2018-02001- Page 4 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Map 4 shows the existing surrounding uses. The subject property is surrounded by single family homes on all sides, including to the north across Curlew Road and to the east across Lake Shore Lane. The residences to the east are within the City of Clearwater jurisdiction, while the others remain in Pinellas County. Map 4 As shown on Map 5, the abutting future land use designations are primarily Residential Low (RL), which is designated on the north, east, south and west sides. Additionally, adjacent to the northwest corner there is a small area (two parcels) designated Residential/Office Limited (R/OL) along Curlew Road. A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designation appears in Table 1, along with the consistent zoning districts. Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 LUP2018-02001- Page 5 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 5 Map 6 Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Requested FLUM Designation Preservation (P) (8.845 acres) Transportation/ Utility (T/U) (0.355 acres) Residential Low (RL) (9.20 acres) Transportation/ Utility (T/U) Overlay (1.52 acres) Primary Uses: Natural/Undeveloped Water Features; Beaches and Dunes; Environmental Parks Airports; Marina; Utility Facilities Low Density Residential Utility transmission line located in an easement Maximum Density: 0 dwelling units per acre 0 dwelling units per acre 5 dwelling units per acre Based upon the underlying future land use (RL proposed) Maximum Intensity: FAR 0.10; ISR 0.20 FAR 0.70; ISR 0.90 FAR 0.40; ISR 0.65 Based upon the underlying future land use (RL proposed) Consistent Zoning Districts: Preservation (P) Institutional (I) Low Density Residential (LDR), Low Medium Density Residential (LMDR) Consistent with all zoning districts I Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 LUP2018-02001- Page 6 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals and objectives of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Objective A.4.1 The City’s Concurrency Management System will ensure that compatibility of all proposed development with the capacities of the existing and planned support facilities for which a level of service has been adopted. 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. Goal A.7 The City of Clearwater shall ensure the efficient delivery of urban services and unified land use and property maintenance standards, as well as foster community identity and reduce sources of environmental contamination through the annexation of unincorporated properties within the Clearwater Planning Area. Policy D.1.2.1 Sewer services shall not be extended to properties outside of the corporate limits of the City unless an agreement to annex or a petition to annex is filed and approved by the Clearwater City Council. Sufficient capacity must exist to serve the areas committed to City service, as well as those proposed for service. Objective F.1.3 The City shall continue to maintain and enhance the City's wildlife and natural native vegetation resources. Policy F.1.3.2 Limit alteration of all urban forests utilizing the Community Development Code; protect natural and mitigated wetlands, marine life, shoreline vegetation, and wildlife habitat in the City from disturbance and destruction. The Residential Low (RL) future land use designation is primarily proposed in areas that are currently designated as Preservation (P) but do not meet the characteristics for that category, as detailed in the Habitat Assessment Memo. The onsite stormwater pond is not classified as a natural wetland, but the pond margins contain a mixture of naturally recruited wetland trees and herbaceous vegetation. The pond will remain onsite, and any impacts or changes to the pond would be evaluated as part of the site plan review process. Modifications to the pond may be allowed, but changes must be consistent with City and SWFWMD stormwater regulations. Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 LUP2018-02001- Page 7 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed amendment would allow for the property to be developed as a new single-family subdivision which is compatible with the surrounding single-family residential uses. Future development will be able to connect to the City’s sanitary sewer service. The proposed Transportation/Utility (T/U) Overlay would be designated over the existing utility easement along the western boundary. The proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the goals and objectives listed above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map categories on the 9.20-acre proposed amendment area are Preservation (P) and Public/Semi-Public (P/SP). The proposed amendment area is surrounded by properties designated Residential Low Medium (RLM), including portions of the subject parcel. The proposed City of Clearwater future land use designation of Residential Low (RL) will necessitate an amendment from the Preservation (P) and Public/Semi-Public (P/SP) categories to the Residential Low Medium (RLM) category in order to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.2 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The proposed use, as indicated by the applicant, is a low density residential development, which is an appropriate use within the area and is consistent with the proposed and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of single family residential adjacent to the south, as well as across Lake Shore Lane to the east and Curlew Road to the north, and across the utility easement to the west. The redevelopment of the property with a residential use is compatible with the surrounding properties and neighborhood. Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 LUP2018-02001- Page 8 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed Residential Low (RL) future land use category primarily permits residential development at 5 dwelling units per acre. Surrounding properties are also designated Residential Low (RL); therefore, the requested category is consistent with the designations in the vicinity and will allow development that is in character with the surrounding properties and neighborhoods. Recommended Conclusions of Law: The proposed Residential Low (RL) future land use category is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the proposed amendment area under the present and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designations Requested FLUM Designations P T/U Total RL (+ T/U Overlay)3 Net Change Site Area 8.845 AC (385,288.2 SF) 0.355 AC (15,463.8 SF) 9.20 AC (400,752 SF) 9.20 AC + 1.52 AC3 (400,752 SF) Maximum Development Potential 8 DUs1 0 SF2 0.10 FAR 0 DUs 10,824 SF 0.70 FAR 8 DUs 10,824 SF N/A 46 DUs 0 SF4 0.4 FAR +38 DUs -10,824 SF -0.1 to 0.7 FAR Notes: 1. Residential uses are not permitted within the Preservation (P) District, but the Preservation (P) future land use category permits 1 unit per acre to potentially be utilized through transfer of development rights or to be constructed on another non-preservation area on the same development parcel. 2. Non-residential uses permitted through the consistent Preservation (P) District are limited to marinas and their accessory structures and environmental parks, which are limited to boardwalks, picnic structures, and the like. 3. Transportation Utility (T/U) Overlay category development potential (density, intensity and ISR) is based upon the underlying future land use; LUP2018-02001 proposes RL as the underlying future land use in this area with the T/U Overlay 4. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the requested Low Medium Density Residential (LMDR) District zoning; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in residential development potential across the amendment area which would affect public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential Low (RL) future land use developed with 46 detached dwellings to the maximum development potential of the existing Preservation (P) future land use category developed with 8 detached dwellings plus the development potential of the Transportation/Utility (T/U) land use category developed with a nonresidential use (10,824 SF public transportation facility). An Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 LUP2018-02001- Page 9 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION increase in demand of several public facilities could be expected if the subject property redevelops; however, there is adequate capacity to serve the property. Potable Water The increase in development potential from this amendment would result in an increase in potable water use of 9,634 gallons per day. This is determined by comparing the potential potable water utilization of the maximum density allowed by the proposed land use developed with a residential use (12,972 gallons per day) to the potential utilization of the maximum residential and nonresidential development allowed by the current land use Preservation (P) and Transportation/Utility (T/U) future land use designations (3,338 gallons per day). The City’s current potable water demand is 12.61 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2015 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-1026 Planning Period), completed in October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The increase in development potential from this amendment would also result in an increase in wastewater production of 8,778 gallons per day of wastewater. This is determined by comparing the potential wastewater generation of the proposed land use developed with a residential use (11,674 gallons) to the potential wastewater generation of a nonresidential use and residential units that could be permitted through the current land use designations (2,986 gallons). The subject property is served by the Northeast Water Reclamation Facility, which presently has excess permitted capacity estimated to be 7.12 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The proposed amendment could result in a decrease of 113.6 tons per year of solid waste generated when comparing the amount of waste generated by the maximum density for a residential use under Residential Low (RL) to that of the maximum density residential use under Preservation (P) and maximum size of a transportation facility under the Transportation/Utility (T/U) land use. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 LUP2018-02001- Page 10 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION criteria. The existing stormwater pond will need to continue to provide storage and treatment for the neighborhood to the south and provide storage and treatment for new development on the parcel. Coordination regarding location of drainage easements will be addressed through the storm system approval and platting process. Streets The property is located at the southwest corner of Curlew Road and Lake Shore Lane, which is east of US Highway 19. Curlew Road, which is a six-lane, divided facility that is classified as a principal arterial and maintained by FDOT. The intersection of Lake Shore Lane and Curlew Road is not signalized. The site is currently primarily vacant, with only two residences on the property. Therefore, any new development will result in the generation of new trips. The amendment would produce an additional 2,541 trips per day. This is determined by using the typical traffic impacts figure (trips per day per acres) in the Countywide Rules for the Countywide Plan Map category that is consistent with the current and proposed land use categories in the City, which is the standard used to evaluate potential impacts for Future Land Use Map amendments. For this amendment, since the City’s Preservation (P) category allows for one dwelling unit per acre to potentially be constructed on the development parcel, the trip generation rate for the Countywide Plan Map category of Residential Low Medium (RLM) was utilized to determine the impact of those 8 dwelling units, and the trip generation rate for the Countywide Plan Map category of Public/Semi-Public (P/SP) with a transportation use was utilized for the remainder of the proposed amendment area which is currently designated as Transportation/Utility (T/U) on the City’s map. The number of new daily or peak hour trips for the development project will be determined at the time of site plan review and impacts will be assessed under the City’s Mobility Management System in the Community Development Code. The Forward Pinellas (Pinellas County’s Metropolitan Planning Organization) 2017 Level of Service Report shows Curlew Road is not a deficient roadway; therefore, a transportation management plan and/or traffic impact study is not mandatory but may be required along with payment of the multi-modal impact fee. City staff will review the traffic impacts at the time of site plan review and determine what additional plans or studies may be required. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: According to the Habitat Assessment Memo, the overall property contains remnants of oak hammocks, but these are primarily located outside of the proposed amendment area. The onsite stormwater pond is not classified as a natural wetland, but the pond margins contain a mixture of naturally recruited wetland trees and herbaceous vegetation. The pond will remain onsite, and any impacts or changes to the pond would be evaluated as part of the site plan review process. Modifications to the pond may be allowed, but changes must be consistent with City and SWFWMD stormwater regulations. The City’s codes require that Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 LUP2018-02001- Page 11 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION development is compliant with the City’s tree preservation, landscaping and stormwater management requirements, all of which are assessed at the time of site plan review. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 LUP2018-02001- Page 12 of 12 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment for the 9.20-acre portion of property from Transportation/Utility (T/U) and Preservation (P) to Residential Low (RL) and Transportation/Utility (T/U) Overlay. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9124-18 Resume Photographs of Site and Vicinity Ordinance No. 9124-18 ORDINANCE NO. 9124-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED GENERALLY SOUTH OF CURLEW ROAD, WEST OF LAKE SHORE LANE AND EAST OF CURLEW CITY 1ST REPLAT SUBDIVISION AND NORTH OF TRAILS OF COUNTRYSIDE SUBDIVISION, WHOSE POST OFFICE ADDRESSES ARE 3474 ASPEN TRAIL, 3490 AND 3492 LAKE SHORE LANE, CLEARWATER, FLORIDA 33761, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND WATER/DRAINAGE FEATURE, AND TO CHANGE THE LAND USE FOR A 9.20-ACRE PORTION OF THE SAME REAL PROPERTY FROM TRANSPORTATION UTILITY (T/U) AND PRESERVATION (P) (IN PINELLAS COUNTY), TO RESIDENTIAL LOW (RL) AND TRANSPORTATION/UTILITY (T/U) OVERLAY (1.52 ACRES), UPON ANNEXATION INTO THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is changed by designating the land use categories 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 15.26-acres Designated Residential Low (RL) & Water/Drainage Feature upon Annexation 9.2-acre Portion Amended From: Transportation Utility (T/U), Preservation (P) & Undesignated (Pinellas County) (LUP2018-02001) 9.2-acre Portion Amended To: Residential Low (RL), Water Drainage Feature & Transportation/Utility (T/U) Overlay upon Annexation The map attached as Exhibit B is hereby incorporated by reference. Ordinance No. 9124-18 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 contingent upon and subject to the adoption of Ordinance No. 9123-18 (annexation ordinance), approval of the land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post- adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2017-12026, LUP2018-02001 & REZ2017-12013 3474 Aspen Trail, 3490 & 3492 Lake Shore Lane PIN 18-28-16-00000-410-0000 The Northeast quarter (NE¼) of the Southeast quarter (SE¼) of Section 18, Township 28 South, Range 16 East. All lying and being in Pinellas County, Florida. AND From the SE corner of the NE¼ of Section 18, Township 28S, Range 16E, run thence S89°23’41”W along the ¼ section line 450.0 ft. for P.O.B. Thence continuing along said ¼ section line 946.63 ft.; thence N1°11’36”W 320.35 ft. along the 40 acre line to the center line of County Road #38; thence along a curve to the Right chord Bearing N78°42’07”E, 456.12 ft. Radius 1909.86 ft.; thence N85°33’28”E. 503.13 ft., thence S0°34’00”E, 438.62 ft. to P.O.B. less the Northerly 50.0 ft. for Road Purposes. All lying and being in Pinellas County, Florida. AND From the SE corner of the NE¼ of Section 18, Twp. 28 South, Range 16 East, run thence South 89°23’41” West along the 1/4 Section line 450 ft., for Point of Beginning. Thence continue in the same direction along said 1/4 Section Line 946.63 ft., thence North 1°11’36” West, 100 ft., m.o.l. to the Southerly boundary of the right-of-way of County Road #38 (Curlew Road) as said right-of-way existed on the 28th day of July, 1959; thence meandering Northeasterly along said Southerly boundary of said old right-of-way of County Road #38 to a point where the old Southerly boundary of County Road #38 intersects with the new Southerly boundary of County Road #38 as same is now constituted, thence Easterly along said Southerly boundary of said County Road #38 as now constituted, to a point in said Southerly boundary which point is 388.51 ft., m.o.l. North 0°34’00” West of Point of Beginning; thence South 0°34” East, 388.51 ft. to Point of Beginning. All lying and being in Pinellas County, Florida. AND That part of the SE¼ of the NE¼ of Section 18, Township 28 South, Range 16 East, described as follows: Begin at the Southeast corner of the NE¼ of Section 18 Township 28 South, Range 16 East, and run thence S 89°23’41” W along the East and West center line of said Section 18, 240.0 feet for a Point of Beginning; thence continue S 89°23’41” W, 210.0 feet; thence N 0°34’00” W parallel to the East line of the NE¼ of said Section 18, 438.62 feet to a point on the centerline of Right of Way of Curlew Road; thence N 85°33’25” E along said center-line of Right of Way, 90.25 feet; thence along said center-line of Right of Way and a curve to the right whose chord bears N 87°21’31” E, 120.04 feet, arc = 120.06 feet and radius 1909.86 feet thence S 0°34’00”E, 448.94 feet to Point of Beginning, LESS the Northerly 50.0 feet for Road purposes. All lying and being in Pinellas County, Florida. AND Exhibit A That part of the SE¼ of the NE¼ of Section 18 Township 28 South Range 16 East, described as follows: Begin at the Southeast corner of the NE¼ of Section 18 Township 28 South, Range 16 East and run thence S 89°23’41” W along the East and West center-line of said Section 18, 240.0 feet; thence N 0°34’00” W parallel to the East line of the NE¼ of said Section 18, 448.94 feet to a point on the center- line of Right of Way of Curlew Road; thence; thence along said center-line of Right of Way and a curve to the right whose chord bears S 87°14’44”E, 240.40 feet, arc = 240.46 feet and radius = 1909.86 feet to an intersection with said East line of the NE¼ of said Section 18; thence S 0°34’00” E along said East line of the NE¼ of said Section 18, 434.85 feet to Point of Beginning. LESS the Northerly 50.0 feet for Road purposes. All lying and being in Pinellas County, Florida. Less the properties shown in Book 5791, Page 1129; Book 9224, Page 2116; Book 9224, Page 2118, and Book 9341, Page 1566, all of the Public Records of Pinellas County, Florida. Exhibit B 12060 60 30 27 1 2 3 35 34 33 32 86 SEE PLAT FOR DIM*606060 99201 1 2 3 4 5 7 86124(S)5 0 50 50 50 141(S)127(S)25 127(S)121(S)129(S)128(S)134(S)129(S)129(S)20115 1 2 1 2 3 4 1 2 3 4 5 6 17 18 19 20 21 3 4 5 4 3 2 1 18 17 16 15 4 3 2 1 17 16 15 14 3 2 1 17 16 15 20 19 18 (21) LAKE 50 505050 50 50 50 6091668 I 15 14 13 12 11 10 9 8 7 6 5 4 3 2 B(2) A(1) 1 2 3 4567891011121314 15 16 17 18 19 40 41 42 43 44 4551 50 49 48 54 55 56 5762 63 64 6566 67 68 69 72 73 74 75 41/00 24.47 A C(C) 1 C U R L E W R D 69th ST NLAKE SHORE LN S K I P P E R T R L ASPEN TRL 66th ST BEECH TRL RODNEY CT DAVID CT SCOTT CT MORGAN CT FAIRFIELD TRL SWEETWATER TRL -Not to Scale--Not a Survey-Rev. 2/23/2018 3474 3490 3492 FUTURE LAND USE MAP Owner(s): Friedel B.Roddey Family Trust Case: LUP2018-02001 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): 9.20 Acres for areas currently designated Pres. & T/U only (exclu. Pond) Land Use Zoning PIN: 18-28-16-00000-410-0000 From: Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) To: Residential Low (RL), Water Drainage Feature & Transportation/Utility (T/U) Overlay Low Medium Density Residential (LMDR) Atlas Page: 166B & 177B ANX2017-12026 / LUP2018-02001 / REZ2017-12013 Friedel B. Roddey Family Trust, Mr. Benjamin Roddey III, Trustee 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 1 of 3 View looking south at the subject property, 3474 Aspen Trail, from Curlew Road View looking west at the subject property from Lake Shore Lane View looking south at the subject property’s western boundary (utility easement) from Curlew Road View looking southwesterly at the subject property’s northeastern corner from Curlew Road View looking north at the subject property from Aspen Trail West of the subject property, on Curlew Road ANX2017-12026 / LUP2018-02001 / REZ2017-12013 Friedel B. Roddey Family Trust, Mr. Benjamin Roddey III, Trustee 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 2 of 3 North of the subject property, across Curlew Road View looking easterly along Curlew Road East of the subject property, across Lake Shore Lane South of the subject property, on Aspen Trail View looking westerly along Curlew Road View looking northerly along Lake Shore Lane ANX2017-12026 / LUP2018-02001 / REZ2017-12013 Friedel B. Roddey Family Trust, Mr. Benjamin Roddey III, Trustee 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 3 of 3 View looking southerly along Lake Shore Lane View looking southerly along Aspen Trail C OMMUNITY & ENVIRONMENTAL DEFENSE SERVICES Richard D. Klein, President (410) 654-3021 606A Freeland Road E-Mail Rklein@ceds.org Freeland, Maryland 21053 Web Page: www.ceds.org March 28, 2018 Lauren Matzke Long Range Planning Manager Planning and Development Department 100 South Myrtle Avenue Clearwater, Florida 33756 RE: 3474 Aspen Trail Environmental Comments Dear Ms. Matzke: I am assisting the Trails of Countryside Homeowners Association with concerns regarding the 3474 Aspen Trail rezoning- annexation request. The 24.5-acre tract owned by the applicant, Mr. Benjamin Roddey, III, is shown in the 2017 aerial photo to the right. Trails of Countryside residents live in the neighborhood seen to the south of the tract. While Association members would prefer to preserve the 24.5-acre tract in the current, mostly natural state, they also respect the owners right to make use of their property. Of greatest concern is preserving the quality of the onsite stormwater management facility known locally as Aspen Trail Lake. In these comments I offer suggestions for how the owner could develop the site in a way that achieves his goals and preserve Aspen Trail Lake too. These suggestions were offered to the owner's representatives at a recent meeting. The Association is awaiting the owner's response. Map A-11, in the City of Clearwater Comprehensive Plan, shows that the 24.5-acre tract contains a wildlife Hot Spot (Multiple Species Habitat). Hot Spots are described as "Representing biological diversity, created by aggregation of predictive habitat maps for wading birds, important natural communities, and 44 focal species. It also includes known species and community locations." Finding Equitable Solutions to Land Use & Environmental Conflicts 2 Pictured to the right is one of the Bald Eagles frequenting Aspen Trail Lake. Other wildlife observed on the site includes: gulls, many varieties of ibis, red tail hawks, chuck-wills-widow, raccoons, otters, turtles, Florida scrub jay, mourning doves, Pileated woodpeckers, red headed woodpeckers, Cardinals, Roseate Spoonbills, Moorhens, Great Egrets, and coyotes. Pictured to the left are two of the many Wood Storks that frequent Aspen Trail Lake. This species (Mycteria americana) is considered threatened by the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission.1 Association members are concerned that the proposed development of the site would result in the loss of much of the trees, shrubs and other habitat elements which allowed the Aspen Trail Lake tract to attain wildlife Hot Spot status. Additionally, conventional development could substantially increase stormwater pollutant loads to Aspen Trail Lake. The rise in pollutant loadings would result from an increase in the area of rooftops, streets, and other impervious surfaces draining to the Lake. The graph to the right compares nutrient removal efficiencies for the six most common stormwater Best Management Practice (BMP) categories.2 The efficiencies presented in this graph mirrors those provided in Appendix D, of the Pinellas County Stormwater Manual .3 The graph shows that bioretention and other infiltration practices are the most effective BMPs with regard to keeping nutrients out of downstream waters. These practices are also the most effective with regard to other stormwater pollutants and maintaining groundwater recharge. On the next page is the USDA Web Soil Survey map for the 24.5-acre Aspen Trail Lake tract. Added to the map is the Depth to Water values from Web Soil Survey. 1 See the Florida Fish & Wildlife Conservaton Commission Wood Stork webpage at: http://myfwc.com/wildlifehabitats/imperiled/profiles/birds/wood-stork/ 2 The data presented in this graph is from Table A-5, Recommendations of the Expert Panel to Define Removal Rates for Urban Stormwater Retrofit Projects, Chesapeake Stormwater Network, available online at: http://www.chesapeakebay.net/documents/Final_CBP_Approved_Expert_ Panel_Report_on_Stormwater_Retrofits--_short.pdf 3 The Pinellas County Stormwater Manua l is a va ilable online at: http://www.pinellascounty.org/plan/stormwater_manual.htm Soil Map—Pinellas County, Florida (Aspen Trail Lake Soils Map) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/19/2018 Page 1 of 331036703103720310377031038203103870310392031039703103670310372031037703103820310387031039203103970329510329560329610329660329710329760329810329860329910329960330010 329510 329560 329610 329660 329710 329760 329810 329860 329910 329960 330010 28° 3' 1'' N 82° 44' 4'' W28° 3' 1'' N82° 43' 46'' W28° 2' 50'' N 82° 44' 4'' W28° 2' 50'' N 82° 43' 46'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 100 200 400 600 Feet 0 30 60 120 180 Meters Map Scale: 1:2,350 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. 4 The Pinellas County Stormwater Manual calls for a minimum of two feet of unsaturated soil beneath practices utilizing infiltration to achieve a high pollutant removal efficiency. Since these practices extend two- to four-feet below the soil surface, a minimum six-foot Depth to Water would be needed to accommodate highly-effective stormwater BMPs. The Web Soil Survey map shows that a Depth to Water of six-feet or more only exists in the five acres located in the northeast portion of the tract. Concentrating development in this portion of the site would allow treatment of impervious surface runoff with highly-effective BMPs. This layout would allow development of the site with far less stormwater impact to Aspen Trail Lake and make it possible to preserve the most important wildlife habitat on the tract. The 24.5-acre tract is located in the Curlew Creek watershed. The Florida Department of Environmental Protection has determined that Curlew Creek suffers from diminished dissolved oxygen levels due to excessive nutrient inputs.4 Concentrating development on the best soils on the tract would not only protect Aspen Trail Lake but Curlew Creek as well from increased nutrient inputs. In summary, concentrating development in the northeast portion of the 24.5-acre tract would allow treatment of stormwater runoff with the most effective BMPs. Rezoning the remainder of the tract Preservation would safeguard existing habitat and open the door to creating more high-quality wildlife habitat. The net result would be improvements to this wildlife Hot Spot and a reduction in pollutant loads to Aspen Trail Lake and Curlew Creek. Of course this is but one of several possible scenarios for accommodating a reasonable degree of development on the site while preserving the environmental resources essential to maintaining the high quality of life enjoyed by Trails at Countryside Association members and other City of Clearwater residents. The Association is anxious to work with the City and Mr. Roddey to find a mutually beneficial solution. Association representatives would deeply appreciate an opportunity to meet with you to explore how the interests of all parties can be met. Sincerely, Richard D. Klein cc: Mr. Paul Keleti, Trails of Countryside Homeowners Association Mr. Benjamin Roddey, III 4 Dissolved Oxygen and Nutrient TMDL for Curlew Creek Tidal Segment, WBID 1538, available online at: https://floridadep.gov/sites/default/files/curlew-tidal1538-donutr-tmdl.pdf Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ATA2018-03001 Agenda Date: 4/19/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.5 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1500 Country Lane West and 1505 Country Lane East and pass Ordinances 9134-18, 9135-18 and 9136-18 on first reading. (ATA2018-03001) SUMMARY: The City is bringing these properties into its jurisdiction in compliance with the Agreements to Annex (ATAs) signed by Ager Construction Corporation in August 1977 and by Emanuel Boutzoukas in May 1985. These voluntary annexation petitions involve 0.801 acres consisting of two parcels of land occupied by single family homes. The parcels are located on the south side of Country Lane West and Country Lane East, approximately 525 feet south of SR 590 and ½ mile east of US Highway 19 North. The properties are located within an enclave and are contiguous to existing city limits along at least one boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: ·The properties currently receive sanitary sewer service from the City and receive water service from Pinellas County. Solid waste service will be provided to the properties by the City. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to these properties by Station 48 located at 1700 North Belcher Road. 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. Objective A.7.2 Diversify and expand the City ’s tax base through the annexation Page 1 City of Clearwater Printed on 4/19/2018 File Number: ATA2018-03001 of a variety of land uses located within the Clearwater Planning Area. Policy A.7.1.3 Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. ·The proposed Residential Low (RL) 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 5 units per acre. The proposed zoning district to be assigned to the properties is Low Medium Density Residential (LMDR). The use of the subject properties is consistent with the uses allowed in the District and the properties exceed 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 properties proposed for annexation are contiguous to existing city limits along at least one boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/19/2018 Ordinance No. 9134-18 ORDINANCE NO. 9134-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED ON THE SOUTH SIDE OF COUNTRY LANE WEST AND COUNTRY LANE EAST, APPROXIMATELY 525 FEET SOUTH OF SR 590 AND ½ MILE EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1500 COUNTRY LANE WEST AND 1505 COUNTRY LANE EAST, ALL IN CLEARWATER, FLORIDA 33759, 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 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; (ATA2018-03001) 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. 9134-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ATA2018‐03001 ========================================================================================= 1500 Country Lane West – 08-29-16-18630-000-0110 Lot 11, Country Lane, and together with but without warrantees and it is not insured herender, that part of vacated lake described as from southwest corner Lot 11 run east 85 feet, thence south 70 degrees west 16.16 feet, thence south 9 degrees west 180.09 feet to center of lake, then north 19 degrees west 169.02 feet, thence north 32 degrees east 28.56 feet to point of beginning, according to plat thereof, as recorded in Plat Book 43, Page 65, of the Public Records of Pinellas County, Florida. 1505 Country Lane East – 09-29-16-18630-000-0090 Lot 9, COUNTRY LANE, according to the plat thereof, as recorded in Plat Book 43, Pages 65, of the Public Records of Pinellas County, Florida, together with a parcel of land in the NE ¼ of Section 8, Township 29, South, Range 16 East, Pinellas County Florida, being a portion of a tract of land designated at “Lake Patricia”, according to the Plat of Virginia Groves Estates as recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida, being further described as follows: Begin at a point of the South boundary of Lot 9, COUNTRY LANE, as recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida, being also the Northeast corner of the aforesaid “Lake Patricia”, thence S 50°22’47” W., 285.1 feet to the center of said “Lake Patricia”, thence N 31°14’41” E., 191.97 feet; thence N 47°23’03” E., 27.24 feet to the Southwest corner of Lot 9; thence S 89°33’56” E., along the South boundary of Lot 9, a distance of 100.00 feet to the Point of Beginning. Exhibit B LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 11 12 1314 15 16 17 2A3A 5A 6A 7A 8A 10A 11A (27) SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 1122771 1611 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 1505150115002772277127721509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 PROPOSED ANNEXATION Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9135-18 ORDINANCE NO. 9135-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED ON THE SOUTH SIDE OF COUNTRY LANE WEST AND COUNTRY LANE EAST, APPROXIMATELY 525 FEET SOUTH OF SR 590 AND ½ MILE EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1500 COUNTRY LANE WEST AND 1505 COUNTRY LANE EAST, ALL IN CLEARWATER, FLORIDA 33759, AS RESIDENTIAL LOW (RL), UPON ANNEXATION INTO THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 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) (ATA2018-03001) The map attached as Exhibit B is hereby incorporated by referen ce. 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. 9134-18. Ordinance No. 9135-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ATA2018‐03001 ========================================================================================= 1500 Country Lane West – 08-29-16-18630-000-0110 Lot 11, Country Lane, and together with but without warrantees and it is not insured herender, that part of vacated lake described as from southwest corner Lot 11 run east 85 feet, thence south 70 degrees west 16.16 feet, thence south 9 degrees west 180.09 feet to center of lake, then north 19 degrees west 169.02 feet, thence north 32 degrees east 28.56 feet to point of beginning, according to plat thereof, as recorded in Plat Book 43, Page 65, of the Public Records of Pinellas County, Florida. 1505 Country Lane East – 09-29-16-18630-000-0090 Lot 9, COUNTRY LANE, according to the plat thereof, as recorded in Plat Book 43, Pages 65, of the Public Records of Pinellas County, Florida, together with a parcel of land in the NE ¼ of Section 8, Township 29, South, Range 16 East, Pinellas County Florida, being a portion of a tract of land designated at “Lake Patricia”, according to the Plat of Virginia Groves Estates as recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida, being further described as follows: Begin at a point of the South boundary of Lot 9, COUNTRY LANE, as recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida, being also the Northeast corner of the aforesaid “Lake Patricia”, thence S 50°22’47” W., 285.1 feet to the center of said “Lake Patricia”, thence N 31°14’41” E., 191.97 feet; thence N 47°23’03” E., 27.24 feet to the Southwest corner of Lot 9; thence S 89°33’56” E., along the South boundary of Lot 9, a distance of 100.00 feet to the Point of Beginning. Exhibit B LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 1 1 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 10 111 12 1314 15 16 17 18 2A3A 5A 6A 7A 8A 10A 11A (27) RL RU RL RU WATER RL WATER RL RL RL RL SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 104106105110116112 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 16042785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 11 10210 71 0 915051501150027722771277127721611 1509 1511 1605 1417 1605 1517 16011601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 FUTURE LAND USE MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9136-18 ORDINANCE NO. 9136-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED ON THE SOUTH SIDE OF COUNTRY LANE WEST AND COUNTRY LANE EAST, APPROXIMATELY 525 FEET SOUTH OF SR 590 AND ½ MILE EAST OF US HIGHWAY 19 NORTH, WHOSE POST OFFICE ADDRESSES ARE 1500 COUNTRY LANE WEST AND 1505 COUNTRY LANE EAST, ALL IN 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 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. 9134-18. Property Zoning District See attached Exhibit A for Legal Descriptions; Low Medium Density Residential (LMDR) (ATA2018-03001) Ordinance No. 9136-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTIONS ATA2018‐03001 ========================================================================================= 1500 Country Lane West – 08-29-16-18630-000-0110 Lot 11, Country Lane, and together with but without warrantees and it is not insured herender, that part of vacated lake described as from southwest corner Lot 11 run east 85 feet, thence south 70 degrees west 16.16 feet, thence south 9 degrees west 180.09 feet to center of lake, then north 19 degrees west 169.02 feet, thence north 32 degrees east 28.56 feet to point of beginning, according to plat thereof, as recorded in Plat Book 43, Page 65, of the Public Records of Pinellas County, Florida. 1505 Country Lane East – 09-29-16-18630-000-0090 Lot 9, COUNTRY LANE, according to the plat thereof, as recorded in Plat Book 43, Pages 65, of the Public Records of Pinellas County, Florida, together with a parcel of land in the NE ¼ of Section 8, Township 29, South, Range 16 East, Pinellas County Florida, being a portion of a tract of land designated at “Lake Patricia”, according to the Plat of Virginia Groves Estates as recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida, being further described as follows: Begin at a point of the South boundary of Lot 9, COUNTRY LANE, as recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida, being also the Northeast corner of the aforesaid “Lake Patricia”, thence S 50°22’47” W., 285.1 feet to the center of said “Lake Patricia”, thence N 31°14’41” E., 191.97 feet; thence N 47°23’03” E., 27.24 feet to the Southwest corner of Lot 9; thence S 89°33’56” E., along the South boundary of Lot 9, a distance of 100.00 feet to the Point of Beginning. Exhibit B LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 1 1 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 10 111 12 1314 15 16 17 18 2A3A 5A 6A 7A 8A 10A 11A (27) LMDR LMDR LMDR LMDRSR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 112 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 11 10215051501150027722771277127721611 1509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/7/2018 ZONING MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 OWEN DR E US-19 FRONTAGE RDPARK TRAIL LN EDENWOOD ST FAIRWOOD AVE E VIRGINIA LN CALAMONDIN LN WEST VIRGINIA LN KUMQUAT DR NAVEL DR PINEAPPLE LN GRANTWOOD AVE EVANS DR LUCAS DR GROVE DR JADEWOOD AVE BEACHWOOD AVE THOMAS DR AUDREY DR HOLLYWOOD AVE AVOCADO DR ST. CROIX DR DOVEWOOD ST SHADDOCK DR CARDINAL DR EL TRINDAD DR ECOUNTRY LN ECOUNTRY LN WSPRING LAKE DR -Not to Scale--Not a Survey-^ Rev. 3/7/2018 ^ C.S.X.RAILROAD LOCATION MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) SR 590 SR 590 CALAMONDIN LN CALAMONDIN LN COUNTRY LN ECOUNTRY LN ECOUNTRY LN WCOUNTRY LN WSPRING LAKE DR SPRING LAKE DR L A K E CIR L A K E CIR -Not to Scale--Not a Survey-Rev. 3/5/2018 AERIAL PHOTOGRAPH Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKE LAKE PATRICIA605050 50 50 60 60 503060 606060301863084960 4 4 1 2 3 4 5 6 7 8 9101112 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 23 4 5 6 7 8 9 10 11 14151617 29 30 31 32 33 34 35 36 37 38 39 8 9 11 12 1314 15 16 17 2A3A 5A 6A 7A 8A 10A 11A (27) SR 590 CALAMONDIN LN COUNTRY LN ECOUNTRY LN WSPRING LAKE DR 1081 1 4 10410610511011610 71 0 9 1122771 1611 286128051613 28311555 285116412813 1516 1609 2 8 7 0 1612 2871 1600 1513 1612 1631 1604 16012785 285728501505 28411517 1600 15081501 16081608 28601605 1512 1512 28211509 1516 15041617 1604 1513 1521 1621 1505150115002772277127721509 1511 1605 1417 1605 1517 1601 1613 28411517 1421 16012777160927721611 -Not to Scale--Not a Survey-Rev. 3/5/2018 EXISTING SURROUNDING USES MAP Owner(s): Charles J. Thorpe Jacqueline C. Rowe Living Trust Case: ATA2018-03001 Site: 1500 Country Lane West 1505 Country Lane East Property Size(Acres): ROW (Acres): 0.801 Land Use Zoning PIN: 08-29-16-18630-000-0110 08-29-16-18630-000-0090 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 273B To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential View looking south at the subject property 1500 Country Lane West East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Charles J. Thorpe 1500 Country Lane West View looking easterly along Country Lane West View looking westerly along Country Lane West View looking south at the subject property 1505 Country Lane East East of the subject property West of the subject property Across the street, to the north of the subject property ATA2018-03001 Jacqueline C. Rowe Living Trust Peter Paul Nuspl Living Trust 1505 Country Lane East View looking easterly along Country Lane East View looking westerly along Country Lane East Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2018-03004 Agenda Date: 4/19/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.6 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1756 El Trinidad Drive East and pass Ordinances 9137-18, 9138-18 and 9139-18 on first reading. (ANX2018-03004) SUMMARY: This voluntary annexation petition involves 0.184 acres of property consisting of one parcel of land occupied by a single -family home. The parcel is located on the west side of El Trinidad Drive East approximately 890 feet north of SR 590. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing city limits to the west, north and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RL) and be assigned 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 service from the County. Collection of solid waste will be provided to the property by the City. The closest sanitary sewer main is located in the El Trinidad Drive East right -of-way. The applicant is aware that the sewer impact and assessment fees must be paid in full prior to connection and of any additional costs to extend to the city sewer main. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 1 City of Clearwater Printed on 4/19/2018 File Number: ANX2018-03004 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 Countywide Plan designation for the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to all property is Low Medium Density Residential (LMDR). 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 along to the west, north and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/19/2018 Ordinance No. 9137-18 ORDINANCE NO. 9137-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 890 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1756 EL TRINIDAD DRIVE EAST, CLEARWATER, FLORIDA 33759, 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 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 Thirteen (13), Block Two (2), Virginia Grove Terrace Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida; (ANX2018-03004) The map attached as Exhibit A is hereby incorporated by referen ce. 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. 9137-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 PROPOSED ANNEXATION Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9138-18 ORDINANCE NO. 9138-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 890 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1756 EL TRINIDAD DRIVE EAST, CLEARWATER, FLORIDA 33759, AS RESIDENTIAL LOW (RL), UPON ANNEXATION INTO THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 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 Thirteen (13), Block Two (2), Virginia Grove Terrace Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2018-03004) The map attached as Exhibits 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. 9137-18. Ordinance No. 9138-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 RL RL RL RL RU RU RU RU RL PPP GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 176527522758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1713 1759 1721 1720 1746 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 1737 28 16 1754 1764 40 44 172424 48 174027471756 36 32 1789 282427401745 20 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 FUTURE LAND USE MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9139-18 ORDINANCE NO. 9139-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 890 FEET NORTH OF SR 590, WHOSE POST OFFICE ADDRESS IS 1756 EL TRINIDAD DRIVE EAST, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning 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. 9137-18. Property Zoning District Lot Thirteen (13), Block Two (2), Virginia Grove Terrace Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2018-03004) Ordinance No. 9139-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR LMDR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 ZONING MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) US-19 NSR 590 SOUTH DR SUNSET POINT RD E US-19 FRONTAGE RDOWEN DR EVANS DR MORNINGSIDE DR WOODRING DR LUCAS DR DIANE DR GROVE DR AUDREY DR THOMAS DR ST. CROIX DR N TERRACE DR CARDINAL DR EL TRINDAD DR ECARLTON DR SKYLAND DR MARILYN DR ST. ANTHONY DR DIANE TER N TERRACE DR COACHMAN PLAZA DR HARBOR CIR AUDREY DR OWEN DR CARDINAL DR -Not to Scale--Not a Survey-^ PROJECT SITE Rev. 3/2/2018 LOCATION MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) GROVE DR GROVE DR THOMAS DR THOMAS DR ST. CROIX DR ST. CROIX DR EL TRINDAD DR EEL TRINDAD DR EN TERRACE DRN TERRACE DR -Not to Scale--Not a Survey-Rev. 3/2/2018 AERIAL PHOTOGRAPH Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) 6666 66 66 94338 943204 4 2 2 3 3 3 1 A 123456789 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 1516 17 18 19 20 21 22 23 24 25 26 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 16 17 18 19 20 21 22 23 24 25 1 GROVE DR THOMAS DR ST. CROIX DR EL TRINDAD DR EN TERRACE DR 1735 1777 1717 17211721 17652752 17372758 1739 280617762773 1736 1716 1734 1745 27641771 1713 1748277017642751 1782 1751 1733 1747 1728 28121724 1728 1777 1740 1746 1795 28181737 17412746 1736 1725 1733 1717 1729 1758 1720 1740 1730 1740 1729 1734 176517492780 1722 1752 1759 1725 1750 1789 1713 1759 1721 17202740 1746 1745 28241725 1727 1729 173127591741 17711755 1726 1716 1717 1751 1732 1715 175527761772 1788 1753 1783 1770 28 16 1754 1764 40 44 172424 482747 1756 36 32 282420 754 1737 1749-Not to Scale--Not a Survey-Rev. 3/2/2018 EXISTING SURROUNDING USES MAP Owner(s): Betty Sloan Case: ANX2018-03004 Site: 1756 El Trinidad Drive E Property Size(Acres): ROW (Acres): 0.184 Land Use Zoning PIN: 05-29-16-94320-002-0130 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 264A To: Residential Low (RL) Low Medium Density Residential (LMDR) Single Family Residential Single Family Residential Single Family Residential View looking west at the subject property 1756 El Trinidad Drive E North of the subject property South of the subject property Across the street, to the east of the subject property ANX2018-03004 Betty Sloan 1756 El Trinidad Drive E View looking northerly along El Trinidad Drive E View looking southerly along El Trinidad Drive E Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ANX2018-01003 Agenda Date: 4/19/2018 Status: Public HearingVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 8.7 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3018 Glen Oak Avenue North and 3047 Hoyt Avenue and pass Ordinances 9140-18, 9141-18, and 9142-18 on first reading. (ANX2018-01003) SUMMARY: These voluntary annexation petitions involve 0.385 acres consisting of two parcels of land occupied by single-family dwellings. The properties are located generally north of Drew Street, south of SR 590 and within ¼ mile west of North McMullen Booth Road. The applicants are requesting annexation in order to be connected to the city sanitary sewer as part of the Kapok Terrace Sanitary Sewer System Extension Project. The properties are located within an enclave and are contiguous to existing city boundaries on at least one side. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: ·The properties currently receive water service from the City of Clearwater. The applicants will connect to the City’s sanitary sewer service when it is available and are aware of the fee that must be paid in order to connect and the financial incentives available. Collection of solid waste will be provided by the City of Clearwater. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve the 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. 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 Page 1 City of Clearwater Printed on 4/19/2018 File Number: ANX2018-01003 residential properties upon request. ·The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the 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) District. The use of the subject properties is consistent with the uses allowed in the District and the properties exceed 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 properties proposed for annexation are contiguous to existing City boundaries on at least one boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/19/2018 Ordinance No. 9140-18 ORDINANCE NO. 9140-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3018 GLEN OAK AVENUE NORTH AND 3047 HOYT AVENUE, ALL WITHIN CLEARWATER, FLORIDA 33759 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 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 (ANX2018-01003) 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. 9140-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions for ANX2018-01003 Legal Description Address Parcel Number   Lot 22, Block C, KAPOK TERRACE,  according to the map or plat thereof,  recorded in Plat Book 36, pages 14 and  15, of the Public Records of Pinellas  County, Florida.  3018 Glen Oak Avenue North 09‐29‐16‐45126‐003‐0220      Lot 7, Block J, KAPOK TERRACE, 1ST  ADDITION, according to the Plat thereof  as recorded in Plat Book 49, Page 48,  Public Records of Pinellas County,  Florida.   3047 Hoyt Avenue  09‐29‐16‐45144‐010‐0070                 Exhibit B 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 PROPOSED ANNEXATION Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9141-18 ORDINANCE NO. 9141-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3018 GLEN OAK AVENUE NORTH AND 3047 HOYT AVENUE, ALL WITHIN 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 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 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) (ANX2018-01003) 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. 9140-18. Ordinance No. 9141-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions for ANX2018-01003 Legal Description Address Parcel Number   Lot 22, Block C, KAPOK TERRACE,  according to the map or plat thereof,  recorded in Plat Book 36, pages 14 and  15, of the Public Records of Pinellas  County, Florida.  3018 Glen Oak Avenue North 09‐29‐16‐45126‐003‐0220      Lot 7, Block J, KAPOK TERRACE, 1ST  ADDITION, according to the Plat thereof  as recorded in Plat Book 49, Page 48,  Public Records of Pinellas County,  Florida.   3047 Hoyt Avenue  09‐29‐16‐45144‐010‐0070                 Exhibit B 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C) P R/OS RL RL RL RL RL RL RL R/OS CG R/OS RU RL RL RL RL P CG R/OS WATER RL WATER RH RU RU RU RU RL P RL RH MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 918 602 9 0 6 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530583019301030613034300330592998303030653053304130423080303630593012304730123064307630013021302430713072305030363047300030603019305330413047307130063071300030313013305530353041300630653077302930073035304130583041302330413070304830523024305830203006307730813018304030463047302430633030307630703040306430463075307630253074305330653070302630443035300730773006304030252950301230343030920 916 912 910 908 50 923 915 917 60 703001 301330123040302530593049304030003052305730473046305331003052303130183046-Not to Scale--Not a Survey-Rev. 3/22/2018 FUTURE LAND USE MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Ordinance No. 9142-18 ORDINANCE NO. 9142 -18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTIES LOCATED GENERALLY NORTH OF DREW STREET, SOUTH OF SR 590 AND WITHIN 1/4 MILE WEST OF NORTH MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESSES ARE 3018 GLEN OAK AVENUE NORTH AND 3047 HOYT AVENUE, ALL WITHIN 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 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. 9140-18. Property Zoning District See attached Exhibit A for Legal Descriptions Low Medium Density Residential (LMDR) (ANX2018-01003) Ordinance No. 9142-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A Legal Descriptions for ANX2018-01003 Legal Description Address Parcel Number   Lot 22, Block C, KAPOK TERRACE,  according to the map or plat thereof,  recorded in Plat Book 36, pages 14 and  15, of the Public Records of Pinellas  County, Florida.  3018 Glen Oak Avenue North 09‐29‐16‐45126‐003‐0220      Lot 7, Block J, KAPOK TERRACE, 1ST  ADDITION, according to the Plat thereof  as recorded in Plat Book 49, Page 48,  Public Records of Pinellas County,  Florida.   3047 Hoyt Avenue  09‐29‐16‐45144‐010‐0070                 Exhibit B MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE ELMDR C OS/R P OS/R 932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030LDR HDR 916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 ZONING MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) DREW ST BAYVIEW AVE MOSS AVE N McMULLEN BOOTH RD MERRILL AVE HOYT AVE GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TE RR ACE VIEW LN BRIGADOON DR -Not to Scale--Not a Survey-^ Rev. 3/22/2018 ^ LOCATION MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) MOSS AVE MOSS AVE BAYVIEW AVE BAYVIEW AVE MERRILL AVE MERRILL AVE HOYT AVE HOYT AVE N McMULLEN BOOTH RD N McMULLEN BOOTH RD GRAND VIEW AVE GRAND VIEW AVE LAKE VISTA DR LAKE VISTA DR GLEN OAK AVE NGLEN OAK AVE N TERRACE VIEW LN TERRACE VIEW LN GLEN OAK AVE EGLEN OAK AVE E-Not to Scale--Not a Survey-Rev. 3/22/2018 AERIAL PHOTOGRAPH Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) 50 41/01 1.2 184293038 SEE PLAT FOR DIMENSIONS* LAKE LOUISE LAKE LOUISE LAKE CAROL60 60606060606060 60 60 30 207.5 190.5 190.5 207.5 207.5 60 60 60 6060202 198 20060 6060606088245 45144 82890 45126 C E F C D G B AH O J I 234 5 6 7 8 9 10 11 1213141516171819202122232425 1 2 3 456 (7) 1234567 8 9 10 11 12 13 14 123456 7 8 9 10 11 1 2 3 4 5 6 7 8 9101112 13 2345 67 8910 11 12 13 14 15 16 17 18 23456789 10 11 12 13 14 15 16 17 23456789 10 11 12 13 14 15 16 17 234567891 1 2 11 1 3 3 (14) 1 2 3 4 5 6 7 8 9 10 11 12 32/01 33/02 1.4 1.4 33/01 1.57 A C(C) A C(C) A C(C) A C(C)MOSS AVE BAYVIEW AVE MERRILL AVE HOYT AVE N McMULLEN BOOTH RD GRAND VIEW AVE LAKE VISTA DR GLEN OAK AVE N TERRACE VIEW LN GLEN OAK AVE E932 920 914 906 904 8 0 6 901 8 0 0 808 7 1 2 800 601 911 923 918 602 9 0 6 917 8 0 1 7 0 8 809 801 815 701 511 924 907 900 91 1 807 510 600 30693064303530013058301930103061303430033059299830303065305330413013304230803036305930123047304030123064307630253001302130243071307230503036304730003060301930533041304730713006307130003031301330553035304130063065305930493077302930073035304130583041302330413070304830523024305830203006307730813018300030403046304730243063303030763052307030403064304630753057307630253074305330653070302630443035305230073077300630403031302529503012304630343030916 912 910 908 50 915 60 70 3012304030473046305331003018-Not to Scale--Not a Survey-Rev. 3/22/2018 EXISTING SURROUNDING USES MAP Owner(s): Lauren & Jonathan Schaeffer Willian S. Nye Case: ANX2018-01003 Site: 3047 Hoyt Avenue 3018 Glen Oak Ave N. Property Size(Acres): ROW (Acres): 0.385 Land Use Zoning PIN: 09-29-16-45144-010-0070 09-29-16-45126-003-0220 From : Residential Low (RL) R-3, Single Family Residential R-4 One, Two, Three Family Residential Atlas Page: 283A To: Residential Low (RL) Low Medium Density Residential (LMDR) Park Single Family Residential Single Family Residential Single Family Residential Single Family Residential Park View looking north at the subject property, 3018 Glen Oak Avenue North East of the subject property West of the subject property Across the street, to the south of the subject property ANX2018-01003 William S. Nye 3018 Glen Oak Avenue North View looking easterly along Glen Oak Avenue North View looking westerly along Glen Oak Avenue North View looking south at the subject property, 3047 Hoyt Avenue Across the street, to the north of the subject property West of the subject property East of the subject property ANX2018-01003 Lauren & Jonathan Schaeffer 3047 Hoyt Avenue View looking easterly along Hoyt Avenue View looking westerly along Hoyt Avenue Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: REZ2017-12013 Agenda Date: 4/19/2018 Status: Quasi-JudicialVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential and R-3 Single Family Residential Districts (Pinellas County) to the Low Medium Density Residential (LMDR) District for 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane upon annexation; and pass Ordinance 9125-18 on first reading. (REZ2017-12013) SUMMARY: This Zoning Atlas amendment involves a 24.46-acre parcel located at the southwest corner of Curlew Road and Lake Shore Lane. The applicant is requesting to rezone the subject property from the A-E Agricultural Estate Residential and R-3 Single Family Residential Districts (Pinellas County) to the Low Medium Density Residential (LMDR) District, indicating the intention to redevelop the site with a new residential subdivision; however, no site plan has been submitted at this time. The applicant has submitted a petition for annexation (ANX2017-12026) and a Future Land Use Map amendment which are being processed concurrently with this case (LUP2018-02001). Currently the property has two zoning districts, A-E Agricultural Estate Residential District, which is designated along the southern half of the site, and the and R-3 Single Family Residential District, which is designated along the northern half, more or less, of the site. The applicant is requesting rezoning to establish a single zoning for the entire parcel, allowing the applicant to create a cohesive development consistent with adjacent developments. The Planning & Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·The available uses in the Low Medium Density Residential (LMDR) District are compatible with the surrounding area. ·The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. ·The proposed Low Medium Density Residential (LMDR) District boundary is appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board will review this application at its April 17, 2018 public hearing and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Page 1 City of Clearwater Printed on 4/19/2018 File Number: REZ2017-12013 APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/19/2018 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 17, 2018 AGENDA ITEM: F.2. CASE: REZ2017-12013 REQUEST: To amend the Zoning Atlas designation from A-E Agricultural Estate Residential and R-3 Single Family Residential Districts (Pinellas County) to the Low Medium Density Residential (LMDR) District upon annexation GENERAL DATA: Applicant ......................... Benjamin Roddey IV Owner ............................. Friedel B. Roddey Family Trust, Mr. Benjamin Roddey III, Trustee Location .......................... 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane, located at the southwest corner of Curlew Road and Lake Shore Lane Property Size ................... 24.46 acres Background: This case involves a 24.46-acre property located on the southwest corner of Curlew Road and Lake Shore Lane. The parcel is owned by the Friedel B. Roddey Family Trust, for which Benjamin Roddey III is a Trustee. Currently, the property is occupied by two single family homes, one of which is accessed from Lake Shore Lane along the eastern boundary of the site, and one which is accessed from Aspen Trail which terminates at the southern property line. Additionally, there is a detached garage and barn on the property. A 4.8-acre stormwater pond provides stormwater storage and treatment for the neighborhood to the south of the subject site through drainage easements. The property is within Pinellas County’s jurisdiction, and the applicant has submitted a Petition for Annexation (ANX2017-12026) that is being processed concurrently with this case at the April 19, 2018 City Council meeting. Annexation is required in order to connect to City services when the site is redeveloped in the future. Maps 1 and 2 show the general location of the property and an aerial view of the amendment area. Currently the property has two zoning districts, A-E Agricultural Estate Residential District which is designated along the southern half of the site, and the R-3 Single Family Residential District which is designated along the northern half, more or less, of the site. The applicant is requesting rezoning to establish a single zoning for the entire parcel, allowing the applicant to create a cohesive development consistent with adjacent developments. Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 REZ2017-12013- Page 2 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The request is to change the Zoning Atlas designation of the subject property from A-E Agricultural Estate Residential and R-3 Single Family Residential Districts (Pinellas County) to Low Medium Density Residential (LMDR) District (City of Clearwater). A request to amend the future land use category of a 9.20- acre portion of the property upon annexation is being processed concurrently with this case (LUP2018- 02001). The applicant has indicated they would like to develop the site with approximately 30 single-family houses; however, no site plan has been submitted at this time. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Map 1 Map 2 Vicinity Characteristics: Map 3 shows the existing surrounding uses. The subject property is surrounded by single family homes on all sides, including to the north across Curlew Road and to the east across Lake Shore Lane. The residences to the east are within the City of Clearwater jurisdiction, while the others remain in Pinellas County. Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 REZ2017-12013- Page 3 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 As shown on Map 5, the abutting Zoning Atlas designations are R-3, Single Family Residential District (Pinellas County) to the west, as well as to the north, across Curlew Road, and R-2, Single Family Residential (Pinellas County) to the south. Additionally, adjacent to the northwest corner there is a small area (two parcels) designated P-1A, Limited Office District (Pinellas County) along Curlew Road. Across Lake Shore Lane, to the east, properties are zoned Low Density Residential (LDR). Map 4 Map 5 E-1 I Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 REZ2017-12013- Page 4 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goals and objectives of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Objective A.4.1 The City’s Concurrency Management System will ensure that compatibility of all proposed development with the capacities of the existing and planned support facilities for which a level of service has been adopted. 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. Goal A.7 The City of Clearwater shall ensure the efficient delivery of urban services and unified land use and property maintenance standards, as well as foster community identity and reduce sources of environmental contamination through the annexation of unincorporated properties within the Clearwater Planning Area. Policy D.1.2.1 Sewer services shall not be extended to properties outside of the corporate limits of the City unless an agreement to annex or a petition to annex is filed and approved by the Clearwater City Council. Sufficient capacity must exist to serve the areas committed to City service, as well as those proposed for service. Applicable section of the Community Development Code which supports the proposed amendment: Division 2. Low Medium Density Residential District, Section 2-201. Intent and Purpose. The intent and purpose of the Low Medium Density Residential District ("LMDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of low to medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. Currently there are two single family homes on the subject property; however, the applicant has indicated the intent to redevelop the site with approximately 30 single family homes. The proposed Low Medium Density Residential (LMDR) District is compatible with the surrounding residential uses in the area, specifically because future uses would be limited to detached dwellings (single family homes) or community residential homes at a scale that is similar to what is built in the surrounding residential areas. The onsite stormwater pond provides a unique amenity for a new development on the subject property. The pond will remain onsite, and any impacts or changes to the pond would be evaluated as part of the site plan review process. Future development will be able to connect to the City’s sanitary sewer service. In addition, the proposal does not Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 REZ2017-12013- Page 5 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of single family residential adjacent to the south, as well as across Lake Shore Lane to the east and Curlew Road to the north, and across the utility easement to the west. The redevelopment of the property with a residential use is compatible with the surrounding properties and neighborhood. The proposed Low Medium Residential Density (LMDR) District primarily permits detached dwellings, along with community residential homes. Attached dwellings would not be allowed on this site as that use would not meet the criteria in the Community Development Code. The proposed amendment will allow for the redevelopment of the property with uses consistent and in character with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Low Medium Density Residential (LMDR) zoning district is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the present and requested City Future Land Use Map designations were analyzed (see Tables 1a and 1b). Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis sufficiency of public facilities is based on the future land use map designation. Table 1. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designations Requested & Assigned FLUM Designations RL Undesignated (Pond) P T/U Total RL (+ T/U Overlay)4 Water/Drainage Feature Net Change Site Area 10.46 AC (455,637.6 SF) 4.8 AC (209,088 SF) 8.845 AC (385,288.2 SF) 0.355 AC (15,463.8 SF) 24.46 AC (1,065,477.6 SF) 19.66 AC + 1.52 AC4 (856,389.6 SF) 4.8 AC (209,088 SF) Maximum Development Potential 52 DUs 0 SF1 0.40 FAR 0 DUs 0 SF N/A 8 DUs2 0 SF3 0.10 FAR 0 DUs 10,824 SF 0.70 FAR 60 DUs 10,824 SF N/A 98 DUs 0 SF 0.4 FAR 0 DUs 0 SF N/A +38 DUs -10,824 SF -0.1 to 0.7 FAR Notes: 1. FAR is not used to regulate residential uses and there are no non-residential uses permitted through the requested Low Medium Density Residential (LMDR) District zoning; therefore, the square footage development potential is zero. 2. Residential uses are not permitted within the Preservation (P) District, but the Preservation (P) future land use category permits 1 unit per acre to potentially be utilized through transfer of development rights or to be constructed on another non-preservation area on the same development parcel. 3. Non-residential uses permitted through the consistent Preservation (P) District are limited to marinas and their accessory structures and environmental parks, which are limited to boardwalks, picnic structures, and the like. 4. Transportation Utility (T/U) Overlay category development potential (density, intensity and ISR) is based upon the underlying future land use; companion case LUP2018-02001 proposes RL as the underlying future land use within the utility easement area, with the T/U OverlayAbbreviations: FLUM – Future Land Use Map DUs –Dwelling Units AC – Acres FAR –Floor Area Ratio SF – Square feet As shown in the table, there is an increase in residential development potential across the amendment area which would affect certain public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential Low (RL) future land use developed with 98 detached dwellings to the maximum development potential of the existing Residential Low (RL) future land use category (52 dwelling units) plus the 8 detached dwellings allowed through the Preservation (P) future land use category (60 dwelling units total) plus the development potential of the Transportation/Utility (T/U) land use category developed with a nonresidential use (10,824 SF public transportation facility). Additionally, for comparison, the maximum development potential as proposed is compared to the number of units indicated to be developed (30 dwelling units), which is more likely given required lot sizes through the proposed zoning district and other site constraints, including the pond. An increase in demand of several public facilities could be expected if the subject property redevelops at the maximum number of residential units (98 dwelling units), but a decrease could be expected if the subject property redevelops in a range closer to what the applicant indicated would be built (30 dwelling units). Regardless, there is adequate capacity to serve the property. Potable Water The increase in development potential from this amendment would result in an increase in potable water use of 9,634 gallons per day. This is determined by comparing the potential potable water utilization of the maximum density allowed by the proposed land use developed with a residential use (27,636 gallons per day for 98 dwelling units) to the potential utilization of the maximum residential and non-residential development allowed by the current Residential Low (RL), Preservation (P) and Transportation/Utility (T/U) land use designations (18,002 gallons per day). In comparison, if the site were to develop with 30 dwelling units, as indicated is the anticipated number to be proposed, there would be a decrease in potable water use of 9,542 gallons per day, which is determined by comparing the potable water utilization of 30 dwelling units (8,460 gallons per day) to the utilization of the maximum residential and non-residential development allowed by the current land use designations (18,002 gallons per day). The City’s current potable water demand is 12.61 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2015 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-1026 Planning Period), completed in October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The increase in development potential from this amendment would also result in an increase in wastewater production of 8,778 gallons per day of wastewater. This is determined by comparing the potential wastewater generation of the proposed land use developed with a residential use (24,872 gallons for 98 dwelling units) to the potential wastewater generation of the maximum residential and non-residential development allowed by the current land use designations (16,094 gallons). In comparison, if the site were to develop with 30 dwelling units, as indicated is the anticipated number to be proposed, there would be a decrease in wastewater generated of 8,480 gallons per day, which is determined by comparing the wastewater generated by 30 dwelling units (7,614 gallons per day) to the wastewater generated by the maximum residential and non-residential development allowed by the current land use designations (16,094 gallons per day). Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 REZ2017-12013- Page 8 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The subject property is served by the Northeast Water Reclamation Facility, which presently has excess permitted capacity estimated to be 7.12 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The proposed amendment could result in a decrease of 113.6 tons per year of solid waste generated when comparing the amount of waste generated by the maximum density for a residential use under Residential Low (RL) (248.4 tons for 98 units) to that generated by the maximum residential and non-residential development (transportation facility) as allowed by the current land use designations (362.1 tons per year). In comparison, if the site were to develop with 30 dwelling units, as indicated is the anticipated number to be proposed, there would be a decrease in solid waste generated of 286.1 tons gallons per year, which is determined by comparing the solid waste generated by 30 dwelling units (76 tons per year) to the solid waste generated by the maximum residential and non-residential development allowed by the current land use designations (362.1 tons per year). All solid waste disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed future land uses, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. The existing stormwater pond will need to continue to provide storage and treatment for the neighborhood to the south and provide storage and treatment for new development on the parcel. Coordination regarding location of drainage easements will be addressed through the storm system approval and platting process. Streets The property is located at the southwest corner of Curlew Road and Lake Shore Lane, which is east of US Highway 19. Curlew Road, which is a six-lane, divided facility that is classified as a principal arterial and maintained by FDOT. The intersection of Lake Shore Lane and Curlew Road is not signalized. The site is currently primarily vacant, with only two residences on the property. Therefore, any new development will result in the generation of new trips. The amendment could produce an additional 2,541 trips per day. This is determined by using the typical traffic impacts figure (trips per day per acres) in the Countywide Rules for the Countywide Plan Map category that is consistent with the current and proposed land use categories in the City, which is the standard used to evaluate potential impacts for Future Land Use Map amendments. For this amendment, Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 REZ2017-12013- Page 9 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION since the City’s Preservation (P) category allows for one dwelling unit per acre to potentially be constructed on the development parcel, the trip generation rate for the Countywide Plan Map category of Residential Low Medium (RLM) was utilized to determine the impact of those 8 dwelling units, and the trip generation rate for the Countywide Plan Map category of Public/Semi-Public (P/SP) with a transportation use was utilized for the remainder of the proposed amendment area which is currently designated as Transportation/Utility (T/U) on the City’s map. The number of new daily or peak hour trips for the development project will be determined at the time of site plan review and impacts will be assessed under the City’s Mobility Management System in the Community Development Code. The Forward Pinellas (Pinellas County’s Metropolitan Planning Organization) 2017 Level of Service Report shows Curlew Road is not a deficient roadway; therefore, a transportation management plan and/or traffic impact study is not mandatory but may be required along with payment of the multi-modal impact fee. City staff will review the traffic impacts at the time of site plan review and determine what additional plans or studies may be required. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Low Medium Density Residential (LMDR) District is logical and consistent with the boundaries of the subject property. Recommended Conclusions of Law: The District boundary is appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Community Development Board – April 17, 2018 Revised for City Council Meeting – April 19, 2018 REZ2017-12013- Page 10 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas amendment from A-E Agricultural Estate Residential and R-3 Single Family Residential Districts (Pinellas County) to the Low Medium Density Residential (LMDR) District upon annexation. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9125-18 Resume Photographs of Site and Vicinity Ordinance No. 9125-18 ORDINANCE NO. 9125-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED GENERALLY SOUTH OF CURLEW ROAD, WEST OF LAKE SHORE LANE AND EAST OF CURLEW CITY 1ST REPLAT SUBDIVISION AND NORTH OF TRAILS OF COUNTRYSIDE SUBDIVISION, WHOSE POST OFFICE ADDRESSES ARE 3474 ASPEN TRAIL, 3490 AND 3492 LAKE SHORE LANE, CLEARWATER, FLORIDA 33761, FROM R-3 SINGLE FAMILY RESIDENTIAL DISTRICT AND A-E AGRICULTURAL ESTATE RESIDENTIAL DISTRICT (IN PINELLAS COUNTY) TO LOW MEDIUM DENSITY RESIDENTIAL (LMDR) UPON ANNEXATION INTO THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas 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 following described property in Clearwater, Florida, is hereby rezoned, and the Zoning Atlas of the City is amended as follows: Property Zoning District See attached Exhibit A for Legal Description From: R-3 Single Family Residential District & A-E Agricultural Estate Residential District (Pinellas County) (REZ2017-12013) To: Low Medium Density Residential (LMDR) 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 contingent upon and subject to the adoption of Ordinance No. 9123-18 (annexation ordinance), subject to the approval of the land use designation set forth in Ordinance 9124-18 by the Pinellas County Board of County Commissioners. Ordinance No. 9125-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit A LEGAL DESCRIPTION ANX2017-12026, LUP2018-02001 & REZ2017-12013 3474 Aspen Trail, 3490 & 3492 Lake Shore Lane PIN 18-28-16-00000-410-0000 The Northeast quarter (NE¼) of the Southeast quarter (SE¼) of Section 18, Township 28 South, Range 16 East. All lying and being in Pinellas County, Florida. AND From the SE corner of the NE¼ of Section 18, Township 28S, Range 16E, run thence S89°23’41”W along the ¼ section line 450.0 ft. for P.O.B. Thence continuing along said ¼ section line 946.63 ft.; thence N1°11’36”W 320.35 ft. along the 40 acre line to the center line of County Road #38; thence along a curve to the Right chord Bearing N78°42’07”E, 456.12 ft. Radius 1909.86 ft.; thence N85°33’28”E. 503.13 ft., thence S0°34’00”E, 438.62 ft. to P.O.B. less the Northerly 50.0 ft. for Road Purposes. All lying and being in Pinellas County, Florida. AND From the SE corner of the NE¼ of Section 18, Twp. 28 South, Range 16 East, run thence South 89°23’41” West along the 1/4 Section line 450 ft., for Point of Beginning. Thence continue in the same direction along said 1/4 Section Line 946.63 ft., thence North 1°11’36” West, 100 ft., m.o.l. to the Southerly boundary of the right-of-way of County Road #38 (Curlew Road) as said right-of-way existed on the 28th day of July, 1959; thence meandering Northeasterly along said Southerly boundary of said old right-of-way of County Road #38 to a point where the old Southerly boundary of County Road #38 intersects with the new Southerly boundary of County Road #38 as same is now constituted, thence Easterly along said Southerly boundary of said County Road #38 as now constituted, to a point in said Southerly boundary which point is 388.51 ft., m.o.l. North 0°34’00” West of Point of Beginning; thence South 0°34” East, 388.51 ft. to Point of Beginning. All lying and being in Pinellas County, Florida. AND That part of the SE¼ of the NE¼ of Section 18, Township 28 South, Range 16 East, described as follows: Begin at the Southeast corner of the NE¼ of Section 18 Township 28 South, Range 16 East, and run thence S 89°23’41” W along the East and West center line of said Section 18, 240.0 feet for a Point of Beginning; thence continue S 89°23’41” W, 210.0 feet; thence N 0°34’00” W parallel to the East line of the NE¼ of said Section 18, 438.62 feet to a point on the centerline of Right of Way of Curlew Road; thence N 85°33’25” E along said center-line of Right of Way, 90.25 feet; thence along said center-line of Right of Way and a curve to the right whose chord bears N 87°21’31” E, 120.04 feet, arc = 120.06 feet and radius 1909.86 feet thence S 0°34’00”E, 448.94 feet to Point of Beginning, LESS the Northerly 50.0 feet for Road purposes. All lying and being in Pinellas County, Florida. AND Exhibit A That part of the SE¼ of the NE¼ of Section 18 Township 28 South Range 16 East, described as follows: Begin at the Southeast corner of the NE¼ of Section 18 Township 28 South, Range 16 East and run thence S 89°23’41” W along the East and West center-line of said Section 18, 240.0 feet; thence N 0°34’00” W parallel to the East line of the NE¼ of said Section 18, 448.94 feet to a point on the center- line of Right of Way of Curlew Road; thence; thence along said center-line of Right of Way and a curve to the right whose chord bears S 87°14’44”E, 240.40 feet, arc = 240.46 feet and radius = 1909.86 feet to an intersection with said East line of the NE¼ of said Section 18; thence S 0°34’00” E along said East line of the NE¼ of said Section 18, 434.85 feet to Point of Beginning. LESS the Northerly 50.0 feet for Road purposes. All lying and being in Pinellas County, Florida. Less the properties shown in Book 5791, Page 1129; Book 9224, Page 2116; Book 9224, Page 2118, and Book 9341, Page 1566, all of the Public Records of Pinellas County, Florida. Exhibit B 12060 60 30 201337 1 2 3 4 35 34 33 32 31 86 SEE PLAT FOR DIME*606060 99201 1 2 3 4 76 86124(S)5 0 50 50 50 141(S)127(S)25 127(S)121(S)129(S)128(S)134(S)129(S)129(S)20115 201331 2 1 2 3 4 1 2 3 4 5 6 7 15 16 17 18 19 20 21 3 4 5 6 5 4 3 2 1 18 17 16 15 14 4 3 2 1 17 16 15 14 13 5 4 3 2 1 17 16 15 14 21 20 19 18 (21) LAKE 505050 50 50 50 60 I 13 12 11 10 9 8 7 6 5 4 3 2 B(2) A(1) 1 2 3 4567891011121314 15 16 17 18 19 41 42 43 4450 49 48 54 55 5663 64 6566 67 68 72 73 74 41/00 24.47 A C(C) 1 C U R L E W R D 69th ST NLAKE SHORE LN S K I P P E R T R L 66th ST ASPEN TRL DAVID CT SCOTT CT RODNEY CT MORGAN CT BEECH TRL P LDR-Not to Scale--Not a Survey-Rev. 2/23/2018 3474 3490 3492 ZONING MAP Owner(s): Friedel B.Roddey Family Trust Case: REZ2017-12013 Site: 3474 Aspen Trail, 3490, 3492 Lake Shore Ln Property Size(Acres): 24.47 Land Use Zoning PIN: 18-28-16-00000-410-0000 From: Transportation Utility (T/U), Preservation (P) & Undesignated (pond) (Pinellas County) R-3 and A-E (Pinellas County) To: Residential Low (RL), Water Drainage Feature & Transportation/Utility (T/U) Overlay Low Medium Density Residential (LMDR) Atlas Page: 166B & 177B ANX2017-12026 / LUP2018-02001 / REZ2017-12013 Friedel B. Roddey Family Trust, Mr. Benjamin Roddey III, Trustee 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 1 of 3 View looking south at the subject property, 3474 Aspen Trail, from Curlew Road View looking west at the subject property from Lake Shore Lane View looking south at the subject property’s western boundary (utility easement) from Curlew Road View looking southwesterly at the subject property’s northeastern corner from Curlew Road View looking north at the subject property from Aspen Trail West of the subject property, on Curlew Road ANX2017-12026 / LUP2018-02001 / REZ2017-12013 Friedel B. Roddey Family Trust, Mr. Benjamin Roddey III, Trustee 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 2 of 3 North of the subject property, across Curlew Road View looking easterly along Curlew Road East of the subject property, across Lake Shore Lane South of the subject property, on Aspen Trail View looking westerly along Curlew Road View looking northerly along Lake Shore Lane ANX2017-12026 / LUP2018-02001 / REZ2017-12013 Friedel B. Roddey Family Trust, Mr. Benjamin Roddey III, Trustee 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane Page 3 of 3 View looking southerly along Lake Shore Lane View looking southerly along Aspen Trail C OMMUNITY & ENVIRONMENTAL DEFENSE SERVICES Richard D. Klein, President (410) 654-3021 606A Freeland Road E-Mail Rklein@ceds.org Freeland, Maryland 21053 Web Page: www.ceds.org March 28, 2018 Lauren Matzke Long Range Planning Manager Planning and Development Department 100 South Myrtle Avenue Clearwater, Florida 33756 RE: 3474 Aspen Trail Environmental Comments Dear Ms. Matzke: I am assisting the Trails of Countryside Homeowners Association with concerns regarding the 3474 Aspen Trail rezoning- annexation request. The 24.5-acre tract owned by the applicant, Mr. Benjamin Roddey, III, is shown in the 2017 aerial photo to the right. Trails of Countryside residents live in the neighborhood seen to the south of the tract. While Association members would prefer to preserve the 24.5-acre tract in the current, mostly natural state, they also respect the owners right to make use of their property. Of greatest concern is preserving the quality of the onsite stormwater management facility known locally as Aspen Trail Lake. In these comments I offer suggestions for how the owner could develop the site in a way that achieves his goals and preserve Aspen Trail Lake too. These suggestions were offered to the owner's representatives at a recent meeting. The Association is awaiting the owner's response. Map A-11, in the City of Clearwater Comprehensive Plan, shows that the 24.5-acre tract contains a wildlife Hot Spot (Multiple Species Habitat). Hot Spots are described as "Representing biological diversity, created by aggregation of predictive habitat maps for wading birds, important natural communities, and 44 focal species. It also includes known species and community locations." Finding Equitable Solutions to Land Use & Environmental Conflicts 2 Pictured to the right is one of the Bald Eagles frequenting Aspen Trail Lake. Other wildlife observed on the site includes: gulls, many varieties of ibis, red tail hawks, chuck-wills-widow, raccoons, otters, turtles, Florida scrub jay, mourning doves, Pileated woodpeckers, red headed woodpeckers, Cardinals, Roseate Spoonbills, Moorhens, Great Egrets, and coyotes. Pictured to the left are two of the many Wood Storks that frequent Aspen Trail Lake. This species (Mycteria americana) is considered threatened by the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission.1 Association members are concerned that the proposed development of the site would result in the loss of much of the trees, shrubs and other habitat elements which allowed the Aspen Trail Lake tract to attain wildlife Hot Spot status. Additionally, conventional development could substantially increase stormwater pollutant loads to Aspen Trail Lake. The rise in pollutant loadings would result from an increase in the area of rooftops, streets, and other impervious surfaces draining to the Lake. The graph to the right compares nutrient removal efficiencies for the six most common stormwater Best Management Practice (BMP) categories.2 The efficiencies presented in this graph mirrors those provided in Appendix D, of the Pinellas County Stormwater Manual .3 The graph shows that bioretention and other infiltration practices are the most effective BMPs with regard to keeping nutrients out of downstream waters. These practices are also the most effective with regard to other stormwater pollutants and maintaining groundwater recharge. On the next page is the USDA Web Soil Survey map for the 24.5-acre Aspen Trail Lake tract. Added to the map is the Depth to Water values from Web Soil Survey. 1 See the Florida Fish & Wildlife Conservaton Commission Wood Stork webpage at: http://myfwc.com/wildlifehabitats/imperiled/profiles/birds/wood-stork/ 2 The data presented in this graph is from Table A-5, Recommendations of the Expert Panel to Define Removal Rates for Urban Stormwater Retrofit Projects, Chesapeake Stormwater Network, available online at: http://www.chesapeakebay.net/documents/Final_CBP_Approved_Expert_ Panel_Report_on_Stormwater_Retrofits--_short.pdf 3 The Pinellas County Stormwater Manua l is a va ilable online at: http://www.pinellascounty.org/plan/stormwater_manual.htm Soil Map—Pinellas County, Florida (Aspen Trail Lake Soils Map) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/19/2018 Page 1 of 331036703103720310377031038203103870310392031039703103670310372031037703103820310387031039203103970329510329560329610329660329710329760329810329860329910329960330010 329510 329560 329610 329660 329710 329760 329810 329860 329910 329960 330010 28° 3' 1'' N 82° 44' 4'' W28° 3' 1'' N82° 43' 46'' W28° 2' 50'' N 82° 44' 4'' W28° 2' 50'' N 82° 43' 46'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 100 200 400 600 Feet 0 30 60 120 180 Meters Map Scale: 1:2,350 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. 4 The Pinellas County Stormwater Manual calls for a minimum of two feet of unsaturated soil beneath practices utilizing infiltration to achieve a high pollutant removal efficiency. Since these practices extend two- to four-feet below the soil surface, a minimum six-foot Depth to Water would be needed to accommodate highly-effective stormwater BMPs. The Web Soil Survey map shows that a Depth to Water of six-feet or more only exists in the five acres located in the northeast portion of the tract. Concentrating development in this portion of the site would allow treatment of impervious surface runoff with highly-effective BMPs. This layout would allow development of the site with far less stormwater impact to Aspen Trail Lake and make it possible to preserve the most important wildlife habitat on the tract. The 24.5-acre tract is located in the Curlew Creek watershed. The Florida Department of Environmental Protection has determined that Curlew Creek suffers from diminished dissolved oxygen levels due to excessive nutrient inputs.4 Concentrating development on the best soils on the tract would not only protect Aspen Trail Lake but Curlew Creek as well from increased nutrient inputs. In summary, concentrating development in the northeast portion of the 24.5-acre tract would allow treatment of stormwater runoff with the most effective BMPs. Rezoning the remainder of the tract Preservation would safeguard existing habitat and open the door to creating more high-quality wildlife habitat. The net result would be improvements to this wildlife Hot Spot and a reduction in pollutant loads to Aspen Trail Lake and Curlew Creek. Of course this is but one of several possible scenarios for accommodating a reasonable degree of development on the site while preserving the environmental resources essential to maintaining the high quality of life enjoyed by Trails at Countryside Association members and other City of Clearwater residents. The Association is anxious to work with the City and Mr. Roddey to find a mutually beneficial solution. Association representatives would deeply appreciate an opportunity to meet with you to explore how the interests of all parties can be met. Sincerely, Richard D. Klein cc: Mr. Paul Keleti, Trails of Countryside Homeowners Association Mr. Benjamin Roddey, III 4 Dissolved Oxygen and Nutrient TMDL for Curlew Creek Tidal Segment, WBID 1538, available online at: https://floridadep.gov/sites/default/files/curlew-tidal1538-donutr-tmdl.pdf Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9101-18 2nd rdg Agenda Date: 4/19/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9101-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 300 South Duncan Avenue, Clearwater, Florida 33755, from Residential/Office General (R/OG) to Commercial General (CG). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/19/2018 Ordinance No. 9101-18 ORDINANCE NO. 9101-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOUTH DUNCAN AVENUE APPROXIMATELY 280 FEET NORTH OF GULF TO BAY BOULEVARD, WHOSE POST OFFICE ADDRESS IS 300 SOUTH DUNCAN AVENUE, CLEARWATER, FLORIDA 33755, FROM RESIDENTIAL/OFFICE GENERAL (R/OG) TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See attached Exhibit A for Legal Description (LUP2017-10011) Land Use Category From: Residential/Office General (R/OG) To: Commercial General (CG) 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 contingent upon and subject to the approval of the land use change by the Pinellas County Board of Commissioners, where applicable, and thirty- one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 9101-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit “A” Legal Description Exhibit B CG RU CG CG RU RU RU R/OG RU CG RU R/OG CG CGCG RU CG RU RU RAINBOW DR S DUNCAN AVE S JUPITER AVE GULF-TO-BAY BLVD S KEYSTONE DR DARTMOUTH ST YELVINGTON AVE S KEYSTONE AVE 501 509 301 401 212 108 112 314 302 110 105 309 219 507 200 201 407 407 405 305 300 310 308 515 403 109 208 305 210 401 405 216 204 400 404 311 511 404 106 211 400 215 206 406 116 510 200 400 212 207 115 111 111 116 519 309 401 306 307 205 201 205 115112 215 402 209 301 211 311 514 204 216 403 115 1712166416281616166417151672168016611660162716231624161217241631164016571660163016321668161317011673166016751650164916301709162616171635164717001632169816701700166316131656166916511637167416411623162116221632160816221620162516161644166516201624162916501654161416441658165516381636300 104100105 161216101713162817171618163416141625A1623A1621A1627A-Not to Scale--Not a Survey-Rev. 11/16/17 CG FUTURE LAND USE MAP Owner(s): Rental Houses, LLC Case: LUP2017-10011 REZ2017-10012 Site: 300 South Duncan Avenue Property Size(Acres): 2.807 acres Land Use Zoning PIN: 14-29-15-00000-130-0200 From: Residential/Office General (R/OG) Office (O) To: Commercial General (CG) Commercial (C) Atlas Page: 288B PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 19, 2017 AGENDA ITEM: H.5. CASE: LUP2017-10011 REQUEST: To amend the Future Land Use Map designation from Residential/Office General (R/OG) to Commercial General (CG) GENERAL DATA: Applicant ......................... Brian J. Aungst, Jr., Esq. Owner ............................. Rental Houses, LLC Location .......................... 300 South Duncan Avenue, located on the west side of South Duncan Avenue approximately 280 feet north of Gulf to Bay Boulevard Property Size ................... 2.807-acre portion of a 3.196-acre property Background: This case involves 2.807 acres of a 3.196-acre parcel located on the west side of South Duncan Avenue, approximately 280 feet north of Gulf to Bay Boulevard (SR 60). The property is owned by Rental Houses, LLC and is occupied by a three-story, 69,000 square foot office building with ancillary off-street parking. The overall parcel is a flag lot, where the proposed amendment area has frontage on South Duncan Avenue (310 feet) and Rainbow Drive (396 feet). A narrow portion of the parcel extends to Gulf to Bay Boulevard (60 feet of frontage), approximately 345 feet west of South Duncan Avenue, providing access to the office (excluded from the proposed amendment). Maps 1 and 2 show the general location of the property and an aerial view of the amendment area. The existing office was constructed in 1976, and is over 88% leased. The building currently houses many targeted industries (i.e., Financial and Professional Services) including medical offices, attorneys, mortgage firms, real estate office, accounting offices and other professional businesses. Currently, there is 8,000 square feet of office space available, and the asking rent is $10 per square foot. A development proposal to demolish the existing office and replace it with a 76,490 square foot self-storage facility consisting of 700 units spread across four buildings on the proposed amendment area and an 875 square foot sales office located on the remainder of the parcel has been submitted for review (continued case FLD2017-09018). The proposed self- storage use is not allowed within the property’s current zoning district. The request is to change the Future Land Use Map designation of the proposed amendment area from Residential/Office General (R/OG) to Commercial General (CG), thereby establishing a uniform future land use designation across the parcel. A Community Development Board –December 19, 2017 Revised for City Council Meeting – January 18, 2018 LUP2017-10011 - Page 2 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION request to rezone the proposed amendment area from the Office (O) District to the Commercial (C) District is being processed concurrently with this case (see REZ2017-10012). Map 1 Map 2 Vicinity Characteristics: Map 3 shows the existing surrounding uses. The immediate area to the north across Rainbow Drive is developed with single-family houses. Abutting to the south is an office (Synovus Bank) and an automobile service station (Thorntons). The area to the east consists of offices, as well as attached dwellings and a single-family detached dwelling. The area to the west is a mixture of office and medical clinic uses. Community Development Board –December 19, 2017 Revised for City Council Meeting – January 18, 2018 LUP2017-10011 - Page 3 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 As shown on Map 4, the abutting future land use designations are Residential/Office General (R/OG) to the west and Commercial General (CG) to the south. To the north, across Rainbow Drive, is Residential Urban (RU) and to the east, across South Duncan Avenue, is Commercial General (CG). The surrounding vicinity has additional areas designated Residential Urban (RU) along the north and south sides of Rainbow Drive, and a mix of Residential/Office General (R/OG) and Commercial General (CG) along the south side of Rainbow Drive. A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Map 4 Map 5 Community Development Board –December 19, 2017 Revised for City Council Meeting – January 18, 2018 LUP2017-10011 - Page 4 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential/Office General (R/OG) Requested FLUM Designation Commercial General (CG) Primary Uses: Medium Density Residential; Residential Equivalent; Office Office; Retail Sales and Service; Overnight Accommodations Maximum Density: 15 Dwelling Units Per Acre 24 Dwelling Units Per Acre; 40 Overnight Accommodation Units Per Acre Maximum Intensity: FAR 0.50; ISR 0.75 FAR 0.55; ISR 0.90 Consistent Zoning Districts: Medium Density Residential (MDR) Office (O) Commercial (C) REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: The following goal, objectives and policies of the Clearwater Comprehensive Plan are not supportive of the proposed amendment: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map, and shall be implemented through the City’s Community Development Code. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. As stated in the introduction to the City’s Comprehensive Plan Future Land Use Element, the Goals, Objectives and Policies provide for sustainable redevelopment and infill development, as well as Community Development Board –December 19, 2017 Revised for City Council Meeting – January 18, 2018 LUP2017-10011 - Page 5 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION neighborhood preservation, and are “… designed to preserve and enhance community character and quality of life, while ensuring continued economic vitality of the community.” The Future Land Use Map depicts spatially where certain types of development are envisioned to occur. While the Community Development Code provides a path for individual property owners to request amendments to the Future Land Use Map, review of such requests must consider the achievement of the City’s Goals on balance. In 2011, the City's Economic Development and Housing Department engaged TIP Strategies, Inc. to develop an Economic Development Strategic Plan to position Clearwater for future sustainable growth and economic prosperity. The Strategic Plan seeks to ensure long-term economic vitality through the guiding principles of tax base diversification, higher paying jobs, and business vitality. The City is committed to preserving land for targeted industries, and encourages the development of sites and buildings needed to accommodate higher intensity employment opportunities, consistent with the goals of the Economic Development Strategic Plan. Attracting target industries and higher wage jobs guide future economic development programs and activities in Clearwater. To attract target industries and accommodate higher-wage jobs, the City should more fully leverage existing sites for redevelopment. This site is considered a strategic location for office uses, given its proximity to the Downtown and SR 60. The subject property is designated Residential/Office General (R/OG), consistent with its current use as a multi-tenant office, and consistent with the properties to the west of the property on the south side of Rainbow Drive. The existing office is currently 88% leased, and many of the existing tenants are within targeted industries. According to the City’s Economic Development and Housing Department, the site is well-suited for continued office use, consistent with the City’s Economic Development Strategic Plan. Much of redevelopment is facilitated by removal of economically underutilized properties; however, the subject property is not economically underutilized, and the proposed use for the site as a self-storage use is the opposite of an office use. The existing office is a viable use, is not blighted or obsolete. Amending the future land use designation on the proposed amendment area would be inconsistent with Policy A.6.1.6 as it would permit redevelopment that does not expand economic opportunities or create jobs. Self-storage facilities of this size often have fewer than five employees, including part time employees. Such an amendment is also inconsistent with Policy A.6.2.2 as the site is not economically underutilized. Additionally, the current mix of future land use categories is sufficient in this area to support the envisioned character of the properties along Rainbow Drive and South Duncan Avenue, the primary frontages on which the subject site is located. The Residential/Office General (R/OG) future land use category that is found on the south side of Rainbow Drive, west of South Duncan Avenue, is consistent with both Office (O) District and Medium Density Residential (MDR) District, both of which permit uses that are in character with the single family residential neighborhood to the north of the property. Staff recognizes that that over time, uses may change, but the uses allowed through either of the consistent zoning districts are appropriate and in character with the surrounding residential development. Maintaining the subject property as Residential/Office General (R/OG) is consistent with Goal A.2, in that there is already a sufficient variety and amount of future land use categories within this general area promote infill development and there is not a need to add commercially designated property within this area. South Duncan Avenue forms the line of demarcation between the area envisioned to remain office to the west, and the area already designated as Commercial General (CG) to the east. Within the Commercial General (CG) area, there are many underutilized properties, including vacant parcels and closed businesses in one-story Community Development Board –December 19, 2017 Revised for City Council Meeting – January 18, 2018 LUP2017-10011 - Page 6 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION buildings, that are envisioned to transition over time, consistent with the future land use designation in place. Commercial General (CG) is generally designated the length of Gulf to Bay Boulevard, and in most areas, is only applied to parcels with frontage on Gulf to Bay Boulevard and those abutting, or generally within the first 280 feet from the right-of-way. There are limited other areas, including the three blocks east of the proposed amendment area, where the entire block north to Rainbow Drive is all Commercial General (CG). However, these areas are more typically limited to the intersections of two arterials where there are larger parcels and the Commercial General (CG) future land use designation extends further north and south of Gulf to Bay. Recommended Conclusions of Law: The request is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan and conflicts said plan as indicated in the goals, objectives and policies listed above. The proposed change does not support the City’s stated economic development goals and objectives. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Office (O), which is on the edge of two districts found on the south side of Rainbow Drive, with South Duncan Avenue currently serving as the dividing line between the two areas. Section 2.3.3.5 of the Countywide Rules states that the current Office (O) category is intended to accommodate areas developed, or appropriate to be developed, with office uses, low-impact employment uses, and residential uses (subject to a five-acre maximum threshold), in areas characterized by a transition between residential and commercial uses and in areas well-suited for community-scale residential/office mixed-use development. The proposed City of Clearwater future land use designation of Commercial General (CG) will necessitate an amendment from the Office (O) category to the Retail & Services (R&S) category to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.7 of the Countywide Rules states that the Retail & Services (R&S) category is intended to depict areas developed with, or appropriate to be developed with, a mix of businesses that provide for the shopping and personal service needs of the community or region, provide for employment opportunities and accommodate target employment uses, and may include residential uses as part of the mix of uses. The proposed amendment area, which constitutes the majority of the parcel on which the proposed self-storage use would be located, is located across the Rainbow Drive right-of-way from single family homes to the north, and to other office and medical clinic uses to the west. Office (O) category is designated on the surrounding properties adjacent and to the west, and Retail & Services (R&S) is designated on properties to the south along Gulf to Bay Boulevard, and east across South Duncan Avenue. Property along the north side of Rainbow Drive is designated Residential Low Medium (RLM). Although the proposed Retail & Services (R&S) category is intended for a mix of employment, including targeted industries, it is also intended for other commercial uses, and is more typically developed with retail commercial (e.g., grocery, pharmacy, apparel, jewelry, electronics, sporting goods, specialty shops, building supplies, convenience goods, restaurant, indoor recreation/entertainment uses). While this category is partially consistent with the City’s vision for this area, in that the City wants to maintain the property for office/targeted industries, the proposed self-storage use is not a target employment use. Additionally, the other uses that are consistent with this category are not appropriate in this area. Community Development Board –December 19, 2017 Revised for City Council Meeting – January 18, 2018 LUP2017-10011 - Page 7 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The existing office building is an appropriate use in the area and is consistent with the current underlying Countywide Plan Map category and the designations on the surrounding properties. It is also consistent with the City’s Comprehensive Plan, as outlined above. The Countywide Plan Map currently uses South Duncan Avenue as the dividing line between the two categories, which is appropriate in this area, and the area currently designated with the Office (O) category appropriately serves as a transition between the commercial uses along Gulf to Bay to the south and east and the residential uses to the north and west. Recommended Conclusions of Law: While the proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules it is inconsistent with the designations on the surrounding properties. The existing category in the Countywide Rules is appropriately designated and is consistent with the current use and surrounding designations on the Countywide Plan Map. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist primarily of single family residential (detached dwellings) (north) and offices and medical clinics (west and south). There is an assortment of offices and residential (attached dwellings) to the east, across South Duncan Avenue, and a gas station (south). The proposed use of the subject property is self-storage. The proposed Commercial General (CG) future land use category primarily permits nonresidential development at an intensity of 0.55 FAR. Residential development is permitted at a density of 24 dwelling units per acre (allowed through mixed-use), and overnight accommodations are permitted at 40 overnight accommodation units per acre. The future land use designations of surrounding properties include Residential Urban (RU), Residential Office/General (R/OG) and Commercial General (CG). The proposed Commercial General (CG) future land use category is consistent with the Commercial (C) zoning district, which permits a variety of commercial uses as minimum standard uses, including retail plazas, restaurants, offices, overnight accommodations, and vehicle sales/display. The proposed category and district do not appear to be appropriately located. While certain permitted uses may be compatible with the single-family uses in the area, these same uses are also already permitted through the existing Office (O) District. The request is not compatible with the surrounding area and may unreasonably affect the use of the properties in the area. Recommended Conclusions of Law: The proposed Commercial General (CG) future land use category is not in character with the Future Land Use Map designations in the area. Further, the proposal is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Community Development Board –December 19, 2017 Revised for City Council Meeting – January 18, 2018 LUP2017-10011 - Page 8 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the present and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “R/OG” Requested FLUM Designation “CG” Net Change Site Area 2.807 AC (122,272 SF) 2.807 AC (122,272 SF) Maximum Development Potential 42 DUs1 61,136 SF 0.50 FAR 67 DUs2 67,249 SF 0.55 FAR 25 DUs 6,113 SF 0.15 FAR Notes: 1. Residential uses permitted through consistent Office (O) District as part of mixed-use project. 2. Residential uses permitted through consistent Commercial (C) District as part of mixed-use project, or potentially through a Comprehensive Infill Redevelopment Project. Abbreviations: FLUM – Future Land Use Map DUs –Dwelling Units AC – Acres FAR –Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development potential across the amendment area which would increase demand on most public facilities, but would not degrade them below acceptable levels as detailed below. The following analysis compares the maximum potential development of the proposed Commercial General (CG) future land use developed with a self-storage use (67,249 square feet) to the maximum development potential of the existing Residential/Office General (R/OG) future land use category developed with an office use (61,136 square feet). Potable Water The increase in development potential from this amendment would result in an increase in potable water use of 612 gallons per day. This is determined by comparing the potential potable water utilization of the maximum square footage allowed by the proposed land use developed with a nonresidential use (6,725 gallons per day) to the potential utilization of a nonresidential use built out to the maximum square footage allowed by the current land use designation (6,113 gallons per day). Wastewater The increase in development potential from this amendment would also result in an increase in wastewater production of 489 gallons per day. This is determined by comparing the potential wastewater generation of the proposed land use developed with a nonresidential use (5,379 gallons) to the potential wastewater generation of the current land use designation developed with a nonresidential use (4,890 gallons). Community Development Board –December 19, 2017 Revised for City Council Meeting – January 18, 2018 LUP2017-10011 - Page 9 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Solid Waste The proposed amendment could result in an increase of 70.3 tons per year of solid waste generated when comparing the amount of waste generated by a warehouse use to that of an office use. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located at the southwest side corner of South Duncan Avenue and Rainbow Avenue, approximately 280 feet north of Gulf to Bay Boulevard. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (250 trips) is calculated based on the typical traffic generation numbers for the Office (O) category (89 trips per day per acre). The proposed Countywide Plan Map category of Retail & Service (R&S) (433 trips per day per acre) would increase the number of trips per day to 1,215 trips per day. This is an increase of 965 trips per day compared to the number of trips under the current designation. The proposed self-storage use, if constructed, would generate fewer trips overall; however, evaluations of potential impacts are based on the maximum impacts possible through the proposed future land use changes. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that although the proposed change will result in increased demand on many public facilities, it will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Community Development Board –December 19, 2017 Revised for City Council Meeting – January 18, 2018 LUP2017-10011 - Page 10 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X The proposed use is inconsistent with certain goals and objectives of the Comprehensive Plan. The proposed use is inconsistent with the City’s strategic economic development plan. The property is not economically underutilized. The existing use of the property constitutes a higher level of viable economic use. The transition of properties along the Gulf to Bay Boulevard corridor to storage and warehousing does not constitute a preferred or desirable characteristic of this corridor. Large parcels with limited to no impacts as the result of constrained or limited employment and little or no traffic or trip generation resulting from lack of economic activity are not inherently advantageous or compatible with adjoining communities. To the contrary, such uses and activities lend themselves more appropriately to areas more suitable for limited commercial, employment, and transportation constraints. Community Development Board –December 19, 2017 Revised for City Council Meeting – January 18, 2018 LUP2017-10011 - Page 11 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the Future Land Use Map Amendment designation from Residential/Office General (R/OG) to Commercial General (CG). Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9101-18 Resume Photographs of Site and Vicinity LUP2017-10011 / REZ2017-10012 Rental Houses, LLC 300 South Duncan Avenue Page 1 of 2 View looking west at the subject property, 300 South Duncan Avenue, from South Duncan Avenue East of the subject property, across South Duncan Avenue View looking southwesterly at the subject property, 300 South Duncan Avenue, from Rainbow Drive North of the subject property, across Rainbow Drive View looking easterly along Rainbow Drive View looking westerly along Rainbow Drive LUP2017-10011 / REZ2017-10012 Rental Houses, LLC 300 South Duncan Avenue Page 2 of 2 View looking northerly along South Duncan Avenue View looking southerly along South Duncan Avenue 1 Call, Rosemarie From:Marino Kolitsopoulos <marino@advancedrealtygroupinc.com> Sent:Friday, January 12, 2018 5:17 PM To:Matzke, Lauren; Kuligowski, Patricia; Call, Rosemarie Subject:RE: 300 S. Duncan LUP-2017-10011 and REZ-2017-10012 Excellent, please add my letter to the record and present it to the Council when appropriate.  Thank you.    From: Matzke, Lauren [mailto:Lauren.Matzke@MyClearwater.com] Sent: Friday, January 12, 2018 9:12 AM To: Marino Kolitsopoulos; Kuligowski, Patricia; Call, Rosemarie Cc: Soto, Camilo Subject: RE: 300 S. Duncan LUP-2017-10011 and REZ-2017-10012   Thank you for the email.  Please note that the applicant has requested that these cases be continued to the April 4, 2018  City Council meeting.      From: Marino Kolitsopoulos [mailto:marino@advancedrealtygroupinc.com]   Sent: Thursday, January 11, 2018 4:58 PM  To: Kuligowski, Patricia <patty.kuligowski@myclearwater.com>; Call, Rosemarie <Rosemarie.Call@myClearwater.com>;  Matzke, Lauren <Lauren.Matzke@MyClearwater.com>  Cc: Soto, Camilo <Camilo.Soto@MyClearwater.com>  Subject: 300 S. Duncan LUP‐2017‐10011 and REZ‐2017‐10012    To Whom It May Concern,    My name is Marino Kolitsopoulos and my company, 1250 Main LLC, owns the property located at 1712 Gulf to Bay Blvd.   Recently, I was sent notice from the City that a property in the neighborhood located at 300 S. Duncan has been  attempting to rezone to a Commercial zoning.  I believe that this rezoning request is quite logical and brings a level of  symmetry to the zoning map that it is currently lacking.  My block for instance is exactly east of the area in question and  has commercial zoning from Gulf to Bay all the way to Rainbow.  Why should their block be zoned and treated any  differently?    Also, I believe that what Mr. Dorman and his group are doing will be a great improvement to the  neighborhood.  Currently 300 S. Duncan is an undesirable office structure that lacks the traffic and commercial frontage  that is needed for a viable office complex today.  Given the location of this property, it would seem that a use like  storage would directly benefit the neighborhood more than an office complex; and may be the best use for this site.    As it is now the 21st Century and technology has forced the office into our homes, automobiles, and pockets, the need  for office space for smaller businesses is almost non‐existent. This is evidenced by the increasing number of office  properties becoming run down and obsolete; just like this one.  As technology continues to change our society, the need  for local government to keep up and evolve to meet the municipal needs is paramount.  Zoning will need to continue to  evolve to serve the public properly and get beyond the idea of preserving a past that is no longer relevant.      Respectfully,    Marino Kolitsopoulos, CEO  Advanced Realty Group, Inc.  2 2630 West Bay Drive Suite 105  Belleair Bluffs, FL 33770  727‐518‐8500  727‐518‐8553 fax  727‐418‐1773 direct        Right-click or tap and hold here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet.   Virus-free. www.avg.com   1 Call, Rosemarie From:Matzke, Lauren Sent:Monday, January 15, 2018 1:45 PM To:Call, Rosemarie Subject:Fwd: 300 S Duncan/Skycrest Attachments:SKM_C25817121911070.pdf Sorry about that! I thought this had made it over earlier. Thanks for adding it!     Get Outlook for iOS  From: JoAnna Siskin <jsiskin@usameribank.com>  Sent: Tuesday, December 19, 2017 10:09:19 AM  To: Matzke, Lauren  Subject: 300 S Duncan/Skycrest       Lauren attached is the letter from Skycrest opposing the project at 300 S Duncan.    JoAnna Siskin  Retail Operations Coordinator  1617 Gulf to Bay Blvd  Clearwater FL 33755  P: 727‐445‐6718  E: jsiskin@usameribank.com    F: 727‐298‐0134      NOTICE: Pursuant to the Electronic Communications Privacy Act, 18 U.S.C. ?? 2510‐2522, the contents of this e‐mail and  the attachments hereto (if any) are confidential, privileged, and/or otherwise exempt from disclosure and are intended  only for disclosure to and use by the intended recipient of this message. If you are not the intended recipient of this  message, the receipt of this message is not intended to and does not waive any applicable confidentiality or privilege  and you are hereby notified that any dissemination, distribution, printing, or copying of the contents of this e‐mail is  strictly prohibited. If you are not the intended recipient, please notify us by telephone or e‐mail and delete this e‐mail  from your system. Further, e‐mail transmissions are not guaranteed to be secure or error‐free because information can  be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. WE THEREFORE EXPRESSLY  DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING THE SAFETY AND INTEGRITY OF THIS E‐MAIL AND FOR ANY  ERRORS OR OMISSIONS IN THE CONTENTS OF THIS E‐MAIL THAT ARISE AS A RESULT OF THIS TRANSMISSION OR ANY  SUBSEQUENT RE‐TRANSMISSION   TrafficDaily Traffic11.01 trips/ksf780 Trips2.50 trips/ksf191 Trips -589-75%Peak Hour Trips1.49 trips /ksf106 Trips0.26 trips/ksf20 Trips -86-81%Driveways onto Rainbow Ave3 NoneBuilding AreaFloor Area Gross 70,855 sf 76,490 sf 5,635 sfSite CoverageBuilding Coverage 34,065 sf 30,315 sf -3,750 sfPavement Area 74,532 sf 43,145 sf-31,387 sf-42%Sidewalk Area 2,520 sf 4,200 sf 1,680 sfOpen Space 16,260 sf 56,577 sf40,317 sf46%Parking Area Open Space11,860 sf5,000 sf-6,860 sfTotal0 sfStormwater ManagementStormwater Quality Treatment None Current StandardsStormwater Detention None Current Standards100%100%139,237 sf139,237 sfCHANGE-100%ITE Code 151ITE Code 710Self StoragePROPOSED USEOfficeCURRENT USEGULF TO BAY SELF STORAGE Mission Statement: Clearwater Neighborhoods Coalition works to enhance quality of life, safety and sustainability for our City and its neighborhoods. www.ClearwaterCoalition.org ClearwaterNeighborhoods@gmail.com Like us on Facebook March 24, 2018 Re: Agenda Item Concerning Proposed Self-Storage Facility at 300 S. Duncan Avenue Mayor Cretekos and Members of City Council: The Clearwater Neighborhoods Coalition supports the Skycrest Neighborhood in objecting to the construction of a large storage facility at 300 S. Duncan Avenue on the grounds that this facility is incompatible with the scale and character of this neighborhood. Specifically, the developer is requesting permission to replace the existing office buildings with a 91,883 square foot self-storage facility, “with flexibility from lot width, height, setback and landscape requirements.” The facility would include six buildings, maximum 35 feet high, and a minimum of 43 parking spaces. The area that is being considered is inside Skycrest neighborhood, a densely developed area consisting primarily of older, one-story homes, including small-scale“starter homes,” mid-sized homes, and scattered two story apartment homes. Its neighborhood association has done a remarkable job of organizing its residents to work together to create a sense of “neighborhood” by providing a wide variety of activities for its own residents and for residents of the city. As one of Clearwater’s older neighborhoods, Skycrest residents have shown a commendable initiative to rehabilitate their homes and revitalize their neighborhood. Property values have increased and the neighborhood won a well-deserved award for its efforts at our CNC mini conference earlier this month. CNC members point out that, in addition to its scale problems and its inappropriate “fit” with the character of that neighborhood, storage shed customers come and go at all hours, creating possible noise and privacy problems for the neighborhood. Furthermore, six buildings with flexibility from lot width, height, setback and landscape requirements increases concern for sustainability, as well as visual obstruction. Additionally, storage facilities represent “dead space,” offering no potential for jobs and small businesses such as bakeries, hair salons, etc., for example, which would be more fitting with the character of this neighborhood. A storage facility is better suited for industrial areas and other less densely developed areas with lots not so narrowly spaced. It should be noted that we of the CNC are not opposed to development, but we believe that businesses and neighborhoods can benefit each other if properly placed and managed. We see no benefit to the neighborhood in this request and we strongly urge the council to reject it. Sincerely, Karen Cunningham, President Clearwater Neighborhoods Association 405 South Duncan Avenue / Clearwater, Florida 33755 (727) 298-8077 / Fax (727) 441-2362 March 28, 2018 To Whom It May Concern, My name is Jim Townsend and my company, Townsend Constructors, Inc., owns the property located at 405 Souh Duncan Avenue. Recently, I was sent notice from the City that a property in the neighborhood located at 300 S. Duncan has been attempting to rezone to a Commercial zoning. I believe that this rezoning request is quite logical and brings a level of symmetry to the zoning map that it is currently lacking. My block for instance is exactly east of the area in question and has commercial zoning from Gulf to Bay all the way to Rainbow. Why should their block be zoned and treated any differently? Also, I believe that what Mr. Dorman and his group are doing will be a great improvement to the neighborhood. Currently 300 S. Duncan is an undesirable office structure that lacks the traffic and commercial frontage that is needed for a viable office complex today. Given the location of this property, it would seem that a use like storage would directly benefit the neighborhood more than an office complex; and may be the best use for this site. As it is now the 21st Century and technology has forced the office into our homes, automobiles, and pockets, the need for office space for smaller businesses is almost non-existent. This is evidenced by the increasing number of office properties becoming run down and obsolete; just like this one. As technology continues to change our society, the need for local government to keep up and evolve to meet the municipal needs is paramount. Zoning will need to continue to evolve to serve the public properly and get beyond the idea of preserving a past that is no longer relevant. And please remove the roundabout in front of this office building. It serves no purpose other than to confuse elderly drivers and destroy alignments on cars, trucks and buses as it has too short of a radius. Respectfully, Jim Townsend VP Townsend Constructors, Inc CC; file Name: Address: L SPEAKER Citizen Comment Card Z-oNiA`rtAA•1 D olz.M AN 64Y1 -ru i -C Lc acv E • Pc12 City: 514Sb`rA Zip:512A Telephone Number: Email Address: gt 3- 31v-8510 To N , D o R. tsAka4 PAA 01 -MAI t c om Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 1 d. What is your position on the item? For Against Na Addre City: Citizen Comment Card Telephone Number: Email Address: Speaking under citizens t items not on the agenda? b heard re Agenda item(s) to which you wis 00 5. Oct ( o speak - What is your position on the item? For Against Name: Citizen Comment Card c.4z-A9se-r( Address: \(oVO 1)17 Q'LVJ City: ki.--.0-40fr-Tqk— Zip. Telephone Number: *1-14 2- /0 2fr7 Email Address: Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 0 What is your position on the item? For Against VIDUAL SPEAKER Citizen Comment Card Name: v L.) 1Ie sa ( Address: 3 3 5* City: Zip• FL Telephone Number: 7a'- ` 3 30 - 7Fq Email Address: - < <o--L' cY1' Speaking under citizens to be heard re items not on the agenda? A a item(s) to which you wish to speak - 10.9- What is your position on the item? For Against A Citizen Comment Card Name: '9%91`0/) sm / r V1 ll Address: ' Fk- r- Var d City: (T (U Zip: 33 J s Telephone Number: 671,/— dZ,D( Email Address: 4/917-01U ©1 f ( e& c f--(1 TZ n'v 0014 Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. G a f What is your position on the item? For_ jt7 Against 04X' Citizen Comment Card Name: &L 4\ Jefd 6 D/( Address: 2.6 ? Y EI)F"eA _N, Cr. !•t/ City: CL7,4-kkii ,TEE Zip: G3 74- Telephone 4 Telephone Number: 70'` 7,r - 3 Email Address: z , Ta•cr s arc LS4, 4I&7 - Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak - 1/1 What is your position on the item? Ford • .Z, Against ll, Name: Citizen Comment Card Address: /?) N, City:RQ-(121\it C Zip: -) Telephone Number: 17R7 oa Email Address: S S adiocm Speaking under citizens to be heard re items not on the agenda? ` Agenda item(s) to which you wish to speak- )c I, What is your position on the item? For Citizen Comment Card Name: I -CD ( C-(51--,an6 Address: ) Co Cy\yC'AQ.3. Mk 47: City: C €c1 Zip: 1.3 Telephone Number: -?72 4) Email Address: LOU ii -Cg Uw Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 0-1 What is your position on the item? For Against Citizen Comment Card Name: / ;4 _ Address: /2 0 S 6Wer1,0 cob74_ City: 1)6(-) Zip: 7 3 Telephone NumbeCifilI Email Addres .` )11/4)) Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. 430 What is your position on the item? For Against Name: Citizen Comment Card Address: k s" 1 a3sy If s ti City: 1,0-c-.70 Zip: 3377 6' Telephone Number: 17 — 9 ( rod Email Address: fS Lcu-ryOD, c(, rey9 Speaking under citizens to be heard re items not on the agenda? L— Agenda item(s) to which you wish to speak. )0 / What is your position on the item? For Against Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9102-18 2nd rdg Agenda Date: 4/19/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9102-18 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 300 South Duncan Avenue, Clearwater, Florida 33755, from Office (O) to Commercial (C). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/19/2018 Ordinance No. 9102-18 ORDINANCE NO. 9102-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOUTH DUNCAN AVENUE APPROXIMATELY 280 FEET NORTH OF GULF TO BAY BOULEVARD, WHOSE POST OFFICE ADDRESS IS 300 SOUTH DUNCAN AVENUE, CLEARWATER, FLORIDA 33755, FROM OFFICE (O) TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas 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 following described property in Clearwater, Florida, is hereby rezoned, and the Zoning Atlas of the City is amended as follows: Property Zoning District See attached Exhibit A for Legal Description From: Office (O) (REZ2017-10012) To: Commercial (C) 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, subject to the approval of the land use designation set forth in Ordinance 9101-18 by the Pinellas County Board of County Commissioners. Ordinance No. 9102-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney Attest: Rosemarie Call City Clerk Exhibit “A” Legal Description Exhibit B ZONING MAP Owner(s): Rental Houses, LLC Case: LUP2017-10011 REZ2017-10012 Site: 300 South Duncan Avenue Property Size(Acres): 2.807 acres Land Use Zoning PIN: 14-29-15-00000-130-0200 From: Residential/Office General (R/OG) Office (O) To: Commercial General (CG) Commercial (C) Atlas Page: 288B C C LMDR O MDR RAINBOW DR S DUNCAN AVE S JUPITER AVE GULF-TO-BAY BLVD DARTMOUTH ST S KEYSTONE DR YELVINGTON AVE S KEYSTONE AVE 501 509 301 201 401 212 108 112 314 302 110 309 219 507 200 201 407 407 405 305 300 310 308 403 109 208 305 210 401 405 216 204 400 404 311 511 404 106 211 400 215206 406 116 510 200 400 212 207 115 111 111 116 309 401 306 307 205 201 205 115112 215 402 209 301 211 311 514 204 216 403 115 171216641628161616121664171516721680166016271623162416121724163116401660163016321668161317011673166016751650161016301709162616171635164717001632169816701700166316131656166916511637167416411623162116221632160816221620162516161665162016241629165016541614165816381636300 105 515 100 519 105 16611657164917131628171716181644163416441606165516141625A1623A1621A1627A-Not to Scale--Not a Survey-Rev. 11/16/17 C C LMDR C PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: December 19, 2017 AGENDA ITEM: H.6. CASE: REZ2017-10012 REQUEST: To amend the Zoning Atlas designation from Office (O) District to Commercial (C) District GENERAL DATA: Applicant ......................... Brian J. Aungst, Jr., Esq. Owner ............................. Rental Houses, LLC Location .......................... 300 South Duncan Avenue, located on the west side of South Duncan Avenue approximately 280 feet north of Gulf to Bay Boulevard Property Size ................... 2.807-acre portion of a 3.196-acre property Background: This case involves 2.807 acres of a 3.196-acre parcel located on the west side of South Duncan Avenue, approximately 280 feet north of Gulf to Bay Boulevard (SR 60). The property is owned by Rental Houses, LLC and is occupied by a three-story, 69,000 square foot office building with ancillary off-street parking. The overall parcel is a flag lot, where the proposed amendment area has frontage on South Duncan Avenue (310 feet) and Rainbow Drive (396 feet). A narrow portion of the parcel extends to Gulf to Bay Boulevard (60 feet of frontage), approximately 345 feet west of South Duncan Avenue, providing access to the office (excluded from the proposed amendment). Maps 1 and 2 show the general location of the property and an aerial view of the amendment area. The existing office was constructed in 1976, and is over 88% leased. The building currently houses many targeted industries (i.e., Financial and Professional Services) including medical offices, attorneys, mortgage firms, real estate office, accounting offices and other professional businesses. Currently, there is 8,000 square feet of office space available, and the asking rent is $10 per square foot. A development proposal to demolish the existing office and replace it with a 76,490 square foot self-storage facility consisting of 700 units spread across four buildings on the proposed amendment area and an 875 square foot sales office located on the remainder of the parcel has been submitted for review (continued case FLD2017-09018). The proposed self- storage use is not allowed within the property’s current zoning district. The request is to change the Zoning Atlas designation of the proposed amendment area from Office (O) to Commercial (C), thereby establishing a uniform future land use designation across the parcel. A request to amend the future land use category of Community Development Board – December 19, 2017 REZ2017-10012- Page 2 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION the proposed amendment area from the Residential/Office General (R/OG) category to the Commercial General (CG) category is being processed concurrently with this case (see LUP2017-10011). Map 1 Map 2 Vicinity Characteristics: Map 3 shows the existing surrounding uses. The immediate area to the north across Rainbow Drive is developed with single-family houses. Abutting to the south is an office (Synovus Bank) and an automobile service station (Thorntons). The area to the east consists of offices, as well as attached dwellings and a single-family detached dwelling. The area to the west is a mixture of office and medical clinic uses. Community Development Board – December 19, 2017 REZ2017-10012- Page 3 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 As shown on Map 5, the abutting Zoning Atlas designations are Office (O) District to the west and Commercial (C) to the south. To the north, across Rainbow Drive, is Low Medium Density Residential (LMDR) and to the east, across South Duncan Avenue, is Commercial (C). The surrounding vicinity has additional areas designated Low Medium Density Residential (LMDR) along the north and south sides of Rainbow Drive, and a mix of Office (O) and Commercial (C) along the south side of Rainbow Drive. Map 4 Map 5 Community Development Board – December 19, 2017 REZ2017-10012- Page 4 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: The following objectives and policies of the Clearwater Comprehensive Plan are not supportive of the proposed amendment: Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map, and shall be implemented through the City’s Community Development Code. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Applicable sections of the Community Development Code which are not supportive of the proposed amendment: Division 10. Office District, Section 2-1101. Intent and Purpose. The intent and purpose of the Office "O" District is to provide the citizens of the City of Clearwater with convenient access to professional services and high quality jobs throughout the city without adversely impacting the integrity of residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Division 7. Commercial District, Section 2-701. Intent and Purpose. The intent and purpose of the Commercial District is to provide the citizens of the City of Clearwater with convenient access to goods and services throughout the city without adversely impacting the integrity of residential neighborhoods, diminishing the scenic quality of the city or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. As stated in the introduction to the City’s Comprehensive Plan Future Land Use Element, the Goals, Objectives and Policies provide for sustainable redevelopment and infill development, as well as neighborhood preservation, and are “… designed to preserve and enhance community character and quality Community Development Board – December 19, 2017 REZ2017-10012- Page 5 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION of life, while ensuring continued economic vitality of the community.” The Future Land Use Map depicts spatially where certain types of development are envisioned to occur. While the Community Development Code provides a path for individual property owners to request amendments to the Future Land Use Map, review of such requests must consider the achievement of the City’s Goals on balance. In 2011, the City's Economic Development and Housing Department engaged TIP Strategies, Inc. to develop an Economic Development Strategic Plan to position Clearwater for future sustainable growth and economic prosperity. The Strategic Plan seeks to ensure long-term economic vitality through the guiding principles of tax base diversification, higher paying jobs, and business vitality. The City is committed to preserving land for targeted industries, and encourages the development of sites and buildings needed to accommodate higher intensity employment opportunities, consistent with the goals of the Economic Development Strategic Plan. Attracting target industries and higher wage jobs guide future economic development programs and activities in Clearwater. To attract target industries and accommodate higher-wage jobs, the City should more fully leverage existing sites for redevelopment. This site is considered a strategic location for office uses, given its proximity to the Downtown and SR 60. The subject property is designated Office (O), consistent with its current use as a multi-tenant office, and consistent with the properties to the west, on the south side of Rainbow Drive. The City’s Community Development Code establishes that the Office (O) District is the primary district in which high quality jobs and employment opportunities will be located, whereas the proposed Commercial (C) District is primarily focused on providing convenient access to goods and services, such as the retail uses and restaurants typically found within the Commercial (C) District. The Office (O) District is the appropriate zoning district for this property. The existing office is currently 88% leased, and many of the existing tenants are within targeted industries. According to the City’s Economic Development and Housing Department, the site is well-suited for continued office use, consistent with the City’s Economic Development Strategic Plan. Much of redevelopment is facilitated by removal of economically underutilized properties; however, the subject property is not economically underutilized, and the proposed use for the site as a self-storage use is the opposite of an office use. The existing office is a viable use, is not blighted or obsolete. Amending the zoning designation on the proposed amendment area would be inconsistent with Policy A.6.1.6 as it would permit redevelopment that does not expand economic opportunities or create jobs. Self-storage facilities of this size often have fewer than five employees, including part time employees. Such an amendment is also inconsistent with Policy A.6.2.2 as the site is not economically underutilized. The requested change to the Commercial (C) District requires an amendment to the Future Land Use Map as well to remain consistent. However, the current mix of future land use categories is sufficient in this area to support the envisioned character of the properties along Rainbow Drive and South Duncan Avenue, the primary frontages on which the subject site is located. The Residential/Office General (R/OG) future land use category that is found on the south side of Rainbow Drive, west of South Duncan Avenue, is consistent with both Office (O) District and Medium Density Residential (MDR) District, both of which permit uses that are in character with the single family residential neighborhood to the north of the property. Staff recognizes that that over time, uses may change, but the uses allowed through either of the consistent zoning districts are appropriate and in character with the surrounding residential development. Community Development Board – December 19, 2017 REZ2017-10012- Page 6 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION South Duncan Avenue forms the line of demarcation between the area envisioned to remain Office (O) District to the west, and the area already designated as Commercial (C) District to the east. Within the area designated Commercial (C) District, there are many underutilized properties, including vacant parcels and closed businesses in one-story buildings, that are envisioned to transition over time, consistent with the zoning designation in place. Commercial (C) District is generally designated the length of Gulf to Bay Boulevard, and in most areas, is only applied to parcels with frontage on Gulf to Bay Boulevard and those abutting, or generally within the first 280 feet from the right-of-way. There are limited other areas, including the three blocks east of the proposed amendment area, where the entire block north to Rainbow Drive is all Commercial (C) District. However, these areas are more typically limited to the intersections of two arterials where there are larger parcels and the Commercial (C) District extends further north and south of Gulf to Bay. Recommended Conclusions of Law: The request is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan and conflicts with said plan and the Community Development Code as indicated above. The proposed change does not support the City’s stated economic development goals and objectives. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist primarily of single family residential (detached dwellings) (north) and offices and medical clinics (west and south). There is an assortment of offices and residential (attached dwellings) to the east, across South Duncan Avenue, and a gas station (south). The proposed use of the subject property is self-storage. The proposed Commercial (C) zoning district is inconsistent with many of the surrounding zoning districts that exist in the vicinity of the subject property. The Commercial (C) zoning district permits a variety of commercial uses as minimum standard uses, including retail plazas, restaurants, offices, overnight accommodations, and vehicle sales/display. The proposed District does not appear to be appropriately located. While certain permitted uses may be compatible with the single-family uses in the area, these same uses are also already permitted through the existing Office (O) District. The request is not compatible with the surrounding area and may unreasonably affect the use of the properties in the area. Recommended Conclusions of Law: The proposed Commercial (C) zoning district is not in character with the zoning districts in the area. Further, the proposal is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the present and requested City Community Development Board – December 19, 2017 REZ2017-10012- Page 7 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Future Land Use Map designations were analyzed (see Table 1). Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis sufficiency of public facilities is based on the future land use map designation. Table 1. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “R/OG” Requested FLUM Designation “CG” Net Change Site Area 2.807 AC (122,272 SF) 2.807 AC (122,272 SF) Maximum Development Potential 42 DUs1 61,136 SF 0.50 FAR 67 DUs2 67,249 SF 0.55 FAR 25 DUs 6,113 SF 0.15 FAR Notes: 1. Residential uses permitted through consistent Office (O) District as part of mixed-use project. 2. Residential uses permitted through consistent Commercial (C) District as part of mixed-use project, or potentially through a Comprehensive Infill Redevelopment Project. Abbreviations: FLUM – Future Land Use Map DUs –Dwelling Units AC – Acres FAR –Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development potential across the amendment area which would increase demand on most public facilities, but would not degrade them below acceptable levels as detailed below. The following analysis compares the maximum potential development of the proposed Commercial General (CG) future land use developed with a self-storage use (67,249 square feet) to the maximum development potential of the existing Residential/Office General (R/OG) future land use category developed with an office use (61,136 square feet). Potable Water The increase in development potential from this amendment would result in an increase in potable water use of 612 gallons per day. This is determined by comparing the potential potable water utilization of the maximum square footage allowed by the proposed land use developed with a nonresidential use (6,725 gallons per day) to the potential utilization of a nonresidential use built out to the maximum square footage allowed by the current land use designation (6,113 gallons per day). Wastewater The increase in development potential from this amendment would also result in an increase in wastewater production of 489 gallons per day. This is determined by comparing the potential wastewater generation of the proposed land use developed with a nonresidential use (5,379 gallons) to the potential wastewater generation of the current land use designation developed with a nonresidential use (4,890 gallons). Community Development Board – December 19, 2017 REZ2017-10012- Page 8 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Solid Waste The proposed amendment could result in an increase of 70.3 tons per year of solid waste generated when comparing the amount of waste generated by a warehouse use to that of an office use. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located at the southwest side corner of South Duncan Avenue and Rainbow Avenue, approximately 280 feet north of Gulf to Bay Boulevard. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (250 trips) is calculated based on the typical traffic generation numbers for the Office (O) category (89 trips per day per acre). The proposed Countywide Plan Map category of Retail & Service (R&S) (433 trips per day per acre) would increase the number of trips per day to 1,215 trips per day. This is an increase of 965 trips per day compared to the number of trips under the current designation. The proposed self-storage use, if constructed, would generate fewer trips overall; however, evaluations of potential impacts are based on the maximum impacts possible through the proposed future land use changes. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that although the proposed change will result in increased demand on many public facilities, it will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Community Development Board – December 19, 2017 REZ2017-10012- Page 9 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: Although the proposed location for the Commercial (C) District is consistent with the ownership lines for the parcel and would consolidate the subject property into a single zoning district, the proposed rezoning would result in the expansion of the Commercial (C) District across South Duncan Avenue. South Duncan Avenue is an appropriate street to continue to serve as the line of demarcation between the existing Office (O) District on the west side of street and the Commercial (C) District on the east side of the street. Recommended Conclusions of Law: The District boundaries are appropriately drawn regarding ownership lines, existing improvements and the natural environment. However, the District boundaries are inappropriately drawn regarding location and classifications of streets. SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X Community Development Board – December 19, 2017 REZ2017-10012- Page 10 of 10 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed use is inconsistent with certain goals and objectives of the Comprehensive Plan. The proposed use is inconsistent with the City’s strategic economic development plan. The property is not economically underutilized. The existing use of the property constitutes a higher level of viable economic use. The transition of properties along the Gulf to Bay Boulevard corridor to storage and warehousing does not constitute a preferred or desirable characteristic of this corridor. Large parcels with limited to no impacts as the result of constrained or limited employment and little or no traffic or trip generation resulting from lack of economic activity are not inherently advantageous or compatible with adjoining communities. To the contrary, such uses and activities lend themselves more appropriately to areas more suitable for limited commercial, employment, and transportation constraints. Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the Zoning Atlas amendment from Office (O) District to Commercial (C) District. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9102-18 Resume Photographs of Site and Vicinity LUP2017-10011 / REZ2017-10012 Rental Houses, LLC 300 South Duncan Avenue Page 1 of 2 View looking west at the subject property, 300 South Duncan Avenue, from South Duncan Avenue East of the subject property, across South Duncan Avenue View looking southwesterly at the subject property, 300 South Duncan Avenue, from Rainbow Drive North of the subject property, across Rainbow Drive View looking easterly along Rainbow Drive View looking westerly along Rainbow Drive LUP2017-10011 / REZ2017-10012 Rental Houses, LLC 300 South Duncan Avenue Page 2 of 2 View looking northerly along South Duncan Avenue View looking southerly along South Duncan Avenue 1 Call, Rosemarie From:Marino Kolitsopoulos <marino@advancedrealtygroupinc.com> Sent:Friday, January 12, 2018 5:17 PM To:Matzke, Lauren; Kuligowski, Patricia; Call, Rosemarie Subject:RE: 300 S. Duncan LUP-2017-10011 and REZ-2017-10012 Excellent, please add my letter to the record and present it to the Council when appropriate.  Thank you.    From: Matzke, Lauren [mailto:Lauren.Matzke@MyClearwater.com] Sent: Friday, January 12, 2018 9:12 AM To: Marino Kolitsopoulos; Kuligowski, Patricia; Call, Rosemarie Cc: Soto, Camilo Subject: RE: 300 S. Duncan LUP-2017-10011 and REZ-2017-10012   Thank you for the email.  Please note that the applicant has requested that these cases be continued to the April 4, 2018  City Council meeting.      From: Marino Kolitsopoulos [mailto:marino@advancedrealtygroupinc.com]   Sent: Thursday, January 11, 2018 4:58 PM  To: Kuligowski, Patricia <patty.kuligowski@myclearwater.com>; Call, Rosemarie <Rosemarie.Call@myClearwater.com>;  Matzke, Lauren <Lauren.Matzke@MyClearwater.com>  Cc: Soto, Camilo <Camilo.Soto@MyClearwater.com>  Subject: 300 S. Duncan LUP‐2017‐10011 and REZ‐2017‐10012    To Whom It May Concern,    My name is Marino Kolitsopoulos and my company, 1250 Main LLC, owns the property located at 1712 Gulf to Bay Blvd.   Recently, I was sent notice from the City that a property in the neighborhood located at 300 S. Duncan has been  attempting to rezone to a Commercial zoning.  I believe that this rezoning request is quite logical and brings a level of  symmetry to the zoning map that it is currently lacking.  My block for instance is exactly east of the area in question and  has commercial zoning from Gulf to Bay all the way to Rainbow.  Why should their block be zoned and treated any  differently?    Also, I believe that what Mr. Dorman and his group are doing will be a great improvement to the  neighborhood.  Currently 300 S. Duncan is an undesirable office structure that lacks the traffic and commercial frontage  that is needed for a viable office complex today.  Given the location of this property, it would seem that a use like  storage would directly benefit the neighborhood more than an office complex; and may be the best use for this site.    As it is now the 21st Century and technology has forced the office into our homes, automobiles, and pockets, the need  for office space for smaller businesses is almost non‐existent. This is evidenced by the increasing number of office  properties becoming run down and obsolete; just like this one.  As technology continues to change our society, the need  for local government to keep up and evolve to meet the municipal needs is paramount.  Zoning will need to continue to  evolve to serve the public properly and get beyond the idea of preserving a past that is no longer relevant.      Respectfully,    Marino Kolitsopoulos, CEO  Advanced Realty Group, Inc.  2 2630 West Bay Drive Suite 105  Belleair Bluffs, FL 33770  727‐518‐8500  727‐518‐8553 fax  727‐418‐1773 direct        Right-click or tap and hold here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet.   Virus-free. www.avg.com   1 Call, Rosemarie From:Matzke, Lauren Sent:Monday, January 15, 2018 1:45 PM To:Call, Rosemarie Subject:Fwd: 300 S Duncan/Skycrest Attachments:SKM_C25817121911070.pdf Sorry about that! I thought this had made it over earlier. Thanks for adding it!     Get Outlook for iOS  From: JoAnna Siskin <jsiskin@usameribank.com>  Sent: Tuesday, December 19, 2017 10:09:19 AM  To: Matzke, Lauren  Subject: 300 S Duncan/Skycrest       Lauren attached is the letter from Skycrest opposing the project at 300 S Duncan.    JoAnna Siskin  Retail Operations Coordinator  1617 Gulf to Bay Blvd  Clearwater FL 33755  P: 727‐445‐6718  E: jsiskin@usameribank.com    F: 727‐298‐0134      NOTICE: Pursuant to the Electronic Communications Privacy Act, 18 U.S.C. ?? 2510‐2522, the contents of this e‐mail and  the attachments hereto (if any) are confidential, privileged, and/or otherwise exempt from disclosure and are intended  only for disclosure to and use by the intended recipient of this message. If you are not the intended recipient of this  message, the receipt of this message is not intended to and does not waive any applicable confidentiality or privilege  and you are hereby notified that any dissemination, distribution, printing, or copying of the contents of this e‐mail is  strictly prohibited. If you are not the intended recipient, please notify us by telephone or e‐mail and delete this e‐mail  from your system. Further, e‐mail transmissions are not guaranteed to be secure or error‐free because information can  be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. WE THEREFORE EXPRESSLY  DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING THE SAFETY AND INTEGRITY OF THIS E‐MAIL AND FOR ANY  ERRORS OR OMISSIONS IN THE CONTENTS OF THIS E‐MAIL THAT ARISE AS A RESULT OF THIS TRANSMISSION OR ANY  SUBSEQUENT RE‐TRANSMISSION   Mission Statement: Clearwater Neighborhoods Coalition works to enhance quality of life, safety and sustainability for our City and its neighborhoods. www.ClearwaterCoalition.org ClearwaterNeighborhoods@gmail.com Like us on Facebook March 24, 2018 Re: Agenda Item Concerning Proposed Self-Storage Facility at 300 S. Duncan Avenue Mayor Cretekos and Members of City Council: The Clearwater Neighborhoods Coalition supports the Skycrest Neighborhood in objecting to the construction of a large storage facility at 300 S. Duncan Avenue on the grounds that this facility is incompatible with the scale and character of this neighborhood. Specifically, the developer is requesting permission to replace the existing office buildings with a 91,883 square foot self-storage facility, “with flexibility from lot width, height, setback and landscape requirements.” The facility would include six buildings, maximum 35 feet high, and a minimum of 43 parking spaces. The area that is being considered is inside Skycrest neighborhood, a densely developed area consisting primarily of older, one-story homes, including small-scale“starter homes,” mid-sized homes, and scattered two story apartment homes. Its neighborhood association has done a remarkable job of organizing its residents to work together to create a sense of “neighborhood” by providing a wide variety of activities for its own residents and for residents of the city. As one of Clearwater’s older neighborhoods, Skycrest residents have shown a commendable initiative to rehabilitate their homes and revitalize their neighborhood. Property values have increased and the neighborhood won a well-deserved award for its efforts at our CNC mini conference earlier this month. CNC members point out that, in addition to its scale problems and its inappropriate “fit” with the character of that neighborhood, storage shed customers come and go at all hours, creating possible noise and privacy problems for the neighborhood. Furthermore, six buildings with flexibility from lot width, height, setback and landscape requirements increases concern for sustainability, as well as visual obstruction. Additionally, storage facilities represent “dead space,” offering no potential for jobs and small businesses such as bakeries, hair salons, etc., for example, which would be more fitting with the character of this neighborhood. A storage facility is better suited for industrial areas and other less densely developed areas with lots not so narrowly spaced. It should be noted that we of the CNC are not opposed to development, but we believe that businesses and neighborhoods can benefit each other if properly placed and managed. We see no benefit to the neighborhood in this request and we strongly urge the council to reject it. Sincerely, Karen Cunningham, President Clearwater Neighborhoods Association 405 South Duncan Avenue / Clearwater, Florida 33755 (727) 298-8077 / Fax (727) 441-2362 March 28, 2018 To Whom It May Concern, My name is Jim Townsend and my company, Townsend Constructors, Inc., owns the property located at 405 Souh Duncan Avenue. Recently, I was sent notice from the City that a property in the neighborhood located at 300 S. Duncan has been attempting to rezone to a Commercial zoning. I believe that this rezoning request is quite logical and brings a level of symmetry to the zoning map that it is currently lacking. My block for instance is exactly east of the area in question and has commercial zoning from Gulf to Bay all the way to Rainbow. Why should their block be zoned and treated any differently? Also, I believe that what Mr. Dorman and his group are doing will be a great improvement to the neighborhood. Currently 300 S. Duncan is an undesirable office structure that lacks the traffic and commercial frontage that is needed for a viable office complex today. Given the location of this property, it would seem that a use like storage would directly benefit the neighborhood more than an office complex; and may be the best use for this site. As it is now the 21st Century and technology has forced the office into our homes, automobiles, and pockets, the need for office space for smaller businesses is almost non-existent. This is evidenced by the increasing number of office properties becoming run down and obsolete; just like this one. As technology continues to change our society, the need for local government to keep up and evolve to meet the municipal needs is paramount. Zoning will need to continue to evolve to serve the public properly and get beyond the idea of preserving a past that is no longer relevant. And please remove the roundabout in front of this office building. It serves no purpose other than to confuse elderly drivers and destroy alignments on cars, trucks and buses as it has too short of a radius. Respectfully, Jim Townsend VP Townsend Constructors, Inc CC; file TrafficDaily Traffic11.01 trips/ksf780 Trips2.50 trips/ksf191 Trips -589-75%Peak Hour Trips1.49 trips /ksf106 Trips0.26 trips/ksf20 Trips -86-81%Driveways onto Rainbow Ave3 NoneBuilding AreaFloor Area Gross 70,855 sf 76,490 sf 5,635 sfSite CoverageBuilding Coverage 34,065 sf 30,315 sf -3,750 sfPavement Area 74,532 sf 43,145 sf-31,387 sf-42%Sidewalk Area 2,520 sf 4,200 sf 1,680 sfOpen Space 16,260 sf 56,577 sf40,317 sf46%Parking Area Open Space11,860 sf5,000 sf-6,860 sfTotal0 sfStormwater ManagementStormwater Quality Treatment None Current StandardsStormwater Detention None Current Standards100%100%139,237 sf139,237 sfCHANGE-100%ITE Code 151ITE Code 710Self StoragePROPOSED USEOfficeCURRENT USEGULF TO BAY SELF STORAGE Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4485 Agenda Date: 4/19/2018 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Increase the allotted Full Time Equivalents (FTEs) assigned to the Police Department by 14; authorize purchase of an additional 8 Police Ford Explorer vehicles in the current fiscal year, with an amount not to exceed $262,840; authorize purchase of 6 additional Police Ford Explorer vehicles in Fiscal Year 2018/2019; authorize purchase of law enforcement related equipment costs associated with the additional FTEs, with an amount not to exceed $246,245; authorize an increase in the Police Department’s operating budget, for the current year’s increase of salary, benefit and training costs related to the increased personnel, with an amount not to exceed $400,332, and authorize the appropriate officials to execute same. SUMMARY: In the wake of the shooting incident, which occurred at Marjory Stoneman Douglas High School on February 14, 2018, the Florida Legislature passed Senate Bill 7026 (the Marjory Stoneman Douglas HS Public Safety Act). The bill was signed by Governor Scott on March 9, 2018. The bill contains several pertinent requirements for law enforcement, which will impact the City of Clearwater and the Clearwater Police Department. Fundamentally, this legislation requires each district school board to partner with law enforcement agencies to “establish or assign one or more safe school officers at each school facility within the district” by implementing a combination of options which best meet the needs of the school district; the definition of school facility includes Charter schools. Those options include mutual aid agreements, implementing a School Marshall Program, or assigning a School Resource Officer (SRO). The Pinellas School District has already determined that the School Marshall Program will not be implemented in Pinellas County and has chosen to expand the use of School Resource Officers throughout Pinellas County. Additional duties impacting law enforcement which are outlined within the legislation include providing general security, site risk assessments, monthly emergency preparedness drills, and threat assessments relating to the campus. This legislation also requires that School Resource Officer(s) are present whenever students are present for school. This will require additional relief personnel to provide law enforcement presence whenever the School Resource Officer is not on campus for either work-related or personal reasons (i.e., required court appearances, making arrests, training, sick leave, etc.). The Pinellas Sheriff and all Pinellas County Chiefs of Police have identified the relief factor of 1.2 to be applied to all Pinellas County School Resource Officer positions, to adequately provide security at these facilities in the absence of the assigned School Resource Officer. Additionally, Pinellas County has identified the appropriate SRO/Student ratio to be 1 officer per 1,500 students. The Clearwater Police Department currently has 3 permanently assigned School Resource Officers. They are assigned to the following schools: Page 1 City of Clearwater Printed on 4/19/2018 File Number: ID#18-4485 ·Oak Grove Middle School ·Countryside High School ·Clearwater High School. Supervision of these officers is currently accomplished through 1 sergeant, who is also assigned other duties unrelated to the School Resource Officer Program. Based upon this legislation and related mandates, the Clearwater Police Department would be required to supply School Resource Officers to the following: 1.Belleair Elementary 2.Eisenhower Elementary 3.Leila Davis Elementary 4.Sandy Lane Elementary 5.Skycrest Elementary 6.Plumb Elementary 7.Kings Highway Magnet 8.Plato Clearwater 9.Clearwater Fundamental 10.Countryside High School (one additional SRO, based upon student population) 11.Clearwater High School (one additional SRO, based upon student population) 12.Relief Officer (based upon established ratio) 13.Relief Officer (based upon established ratio). A supervisor will also be necessary to manage these additional positions and responsibilities. This brings the total additional needed personnel to comply with the legislation to 14 FTEs. There are two additional schools (Calvin Hunsinger and Clearwater Intermediate) which are within city boundaries. However, the Pinellas County School Board Police Department has agreed to maintain officer(s) at these facilities at the required ratios. Cost and Budgetary Implications: The legislation creates requirements of law enforcement state-wide which are largely unfunded. Currently, the Pinellas County School Board provides a portion of funding of the Police Department’s current School Resource Officers, at a rate of $57,944.64 per officer, for a total of $173,833.92 during the existing school year. The Police Department provides funding for the remainder of the employee salary and benefits through Florida Contraband Forfeiture Funds in the amount of $124,939.00. The Pinellas County School Board proposes providing funding, consistent with the current rate, for new School Resource Officer positions created as a result of this legislation. However, relief positions, supplemental positions (based upon student population), and supervisory positions are exempt from reimbursement. There is insufficient funding within the Florida Contraband Forfeiture Fund to provide funding for, or maintain funding for, these additional officers. Furthermore, the Marjory Stoneman Douglas HS Public Safety Act does not provide funding for the costs associated with providing essential law enforcement equipment for these required positions. Currently, the equipment costs associated with an individual officer total $55,808.03, as outlined in the below table. Total equipment costs for 14 officers equals $781,312.42. The Police Department does not possess sufficient funding to absorb these costs within its current operating budget. Category Costs #Total Laptop $1,200.00 14 $16,800.00 Remote Access (Data)$240.00 14 $3,360.00 Smart Phone Monthly Fees $864.00 14 $12,096.00 Portable Radio $1,507.00 14 $21,098.00 Uniforms & Equipment $1,114.81 14 $15,607.34 Page 2 City of Clearwater Printed on 4/19/2018 File Number: ID#18-4485 Bullet Resistant Vest $750.00 14 $10,500.00 Issued Firearm $850.00 14 $11,900.00 AR15 Rifle $1,420.00 14 $19,880.00 Taser $1,500.00 14 $21,000.00 Police Vehicle $32,855.00 14 $459,970.00 Vehicle Upfitting $9,000.00 14 $126,000.00 Vehicle Radio $4,507.22 14 $63,101.08 Grand Total $55,808.03 $781,312.42 The demand for these officers will require the Police Department to incentivize individuals to accept or request assignment to these positions. The Police Department proposes additional compensation to officers assigned to School Resource Officer positions at 5 percent of the officer’s salary. For an officer in Step One of the current contract between the City of Clearwater and the Fraternal Order of Police, Lodge 10, this equates to $2,662.67 annually. Under current contract, officers assigned to these positions receive a $40.00-stipend per pay period, which equates to $1,040.00 annually. Based on these factors, the costs personnel and equipment costs associated with an individual officer within Step One of the contract would be: Note: Though the Step One Officer salary used to approximate the financial impact of these positions, the Police Department does not intend to place newly hired officers into these assignments, as this would impede employee development and not provide appropriate officer experience within these critical settings. Currently, the City is entering negotiations with the Fraternal Order of Police, Lodge 10, and the future personnel costs, based upon these negotiations, are not known. The below chart outlines the costs associated with the salary and equipment costs of the 14 additional positions needed to comply with the mandates outlined in the Marjory Stoneman Douglas HS Public Safety Act: The below chart outlines the costs associated with the 3 existing School Resources Officers when coupled with the salary and equipment costs of the 14 additional positions needed to comply with this mandate: Because of these mandates, the Police Department seeks approval for the following: ·Increase the allotted FTEs assigned to the Police Department by 14 positions as outlined above (13 Police Officers / 1 Police Sergeant), allowing the Police Department to begin hiring and training these personnel immediately. ·Purchase of 8 additional Police Ford Explorer vehicles in the current fiscal year, and 6 additional Police Ford Explorers in the 2018/2019 fiscal year. ·Based upon the anticipated need for law enforcement equipment and vehicles throughout the State of Florida (as all law enforcement agencies endeavor to comply with this statute), authorize the immediate purchase of law enforcement equipment directly related to the hiring of the above personnel, with vendors to include, but not limited to, the following: o Allen Jay Fleet Sales, Inc. (not to exceed $265,000.00); o Communications International, Inc. (not to exceed $65,000.00); o Enforcement One, Inc. (not to exceed $80,000.00); o Axon, Inc. (not to exceed $25,000.00); o Florida Bullet, Inc.; o Galls, Inc; o Signal 15, Inc. ·Authorize an increase in the Police Department’s operating budget, to incorporate the associated Page 3 City of Clearwater Printed on 4/19/2018 File Number: ID#18-4485 increase in personnel and related costs, not to exceed $400,332: o The cost of these new positions, for the remainder of the current 2017/2018 fiscal year, equates to: $383,487.98 o It is anticipated the Police Department will be required to increase the number of Field Training Personnel by 5 additional full-time training officers. Based upon existing contracts, these personnel received 5 percent additional pay of their base salary when training. This amount is approximated at: $16,843.70. APPROPRIATION CODE AND AMOUNT: A third quarter budget will amend Police Department cost center 0101138, School Resource Officers, by expenditures to date, not to exceed $909,000 offset with revenues from General Fund Reserves. USE OF RESERVE FUNDS: Funding for this contract will be provided by a third quarter budget amendment allocating General Fund reserves in an amount not to exceed $909,000 for expenditures to date for staffing and costs associated with the increase of SRO’s as required by mandates resulting from the Marjory Stoneman Douglas HS Public Safety Act. Inclusive of this item if approved, a net total of $8,400,630 of General Fund reserves has been appropriated by Council to fund expenditures in the 2017/18 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve requirement is approximately $8.4 million, including the BP settlement funds. Exclusive of the BP funds, the remaining balance is $1.9 million, or 1.4% of the current General Fund operating budget. Page 4 City of Clearwater Printed on 4/19/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4445 Agenda Date: 4/19/2018 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Award a construction contract to KAT Construction and Materials, Inc., of Clearwater, FL, in the amount of $552,036.20 for the Water Treatment Plant (WTP) Fluoride Addition - WTP 1 and WTP 2 project (16-0031-UT); approve Engineer of Record (EOR) Supplemental 1 Work Order from Tetra Tech in the amount of $140,097; approve a Funding Agreement with the State of Florida Department of Health (FDOH) in the amount of $155,000 and authorize the appropriate officials to execute same. SUMMARY: This project will install fluoride feed facilities at WTP 1 and WTP 2. Equipment includes pumps, storage containers, and electrical instrumentation and controls. Two bids were received and KAT Construction and Materials, Inc., was the lowest responsible bidder in accordance with plans and specifications. EOR Tetra Tech evaluated the bids and recommends awarding the contract to KAT Construction Materials, Inc. September 1, 2016, City Council approved an initial work order for design, permitting and bidding of improvements at WTP 1 and WTP 2 for the addition of fluoride to the potable water system to EOR Tetra Tech in the amount of $142,740. Supplemental 1 Work Order to Tetra Tech is for Grant Reporting Assistance, and Construction Engineering and Inspection Services during construction in the amount of $140,097, for a new work order value of $282,837. The funding agreement between the City of Clearwater and FDOH includes reimbursement of up to $155,000 with no match or cost by the City of Clearwater. It is anticipated construction will be completed within 330 calendar days from Notice to Proceed. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining WTP 1 and WTP 2 Facilities. APPROPRIATION CODE AND AMOUNT: 0315-96764-563800-533-000-0000 $276,018.10 0315-96767-563800-533-000-0000 $276,018.10 0315-96764-561300-533-000-0000 $ 70,048.50 0315-96767-561300-533-000-0000 $ 70,048.50 Funds are available in capital improvement projects 0315-96764, RO Plant Exp-Res 1, in the amount of $346,066.60 and $346,066.6 from 0315-96767, RO Plant @ Res 2, to fund the project. Page 1 City of Clearwater Printed on 4/19/2018 City Project 16-0031-UT ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization and Demobilization LS 1 $ 25,000.00 $ 25,000.00 $ 3,000.00 $ 3,000.00 2 General Requirements LS 1 $ 5,000.00 $ 5,000.00 $ 52,000.00 $ 52,000.00 3 Chemical Storage and Feed Systems LS 1 $ 170,000.00 $ 170,000.00 $ 240,000.00 $ 240,000.00 4 Process Piping, Valves and Supports LS 1 $ 70,000.00 $ 70,000.00 $ 69,000.00 $ 69,000.00 5 Electrical and Instrumentation LS 1 $ 150,000.00 $ 150,000.00 $ 191,000.00 $ 191,000.00 6 All Other Work Not Included in Line Items 1, 2, 3, 4 and 5 to Construct the Fluoride Addition Systems at WTP No. 1 and WTP No. 2 LS 1 $ 81,851.09 $ 81,851.09 $ 95,000.00 $ 95,000.00 $ 501,851.09 $ 650,000.00 7 Contingency (10%)LS 1 $ 50,185.11 $ 50,185.11 $ 65,000.00 $ 65,000.00 GRAND TOTAL $ 552,036.20 $ 715,000.00 SECTION V PAGE 14 of 16 Updated: 2/6/2017 Bid Opening: April 2, 2018 Award Date: April 19, 2018 Water Treatment Fluoride Additions WTP-1 & WTP-2 City of Clearwater, Florida Bid Tabulation Sheet TLC Diversified, Inc. 2719 - 17th St. E. Palmetto, FL 34221 KAT Construction & Materials, Inc. 22031 US Hwy 19 Clearwater, FL 33765 SUBTOTAL WORK ORDER INITIATION FORM 1 of 10 Revised: 11/29/2017 Tetra Tech, Inc. SUPPLEMENTAL WORK ORDER for the CITY OF CLEARWATER Date:March 28, 2018 Consultant Project Number:___________ City Project Number:16-0031-UT City Plan Set Number:___________ 1.PROJECT TITLE: WTP Nos. 1 and 2 Fluoride Addition – Construction Engineering and Inspection (CEI) Services and FDOH Grant Reporting Assistance 2.SCOPE OF SERVICES: The city of Clearwater (city) is constructing fluoride feed facilities at the city’s Water Treatment Plants Nos. 1 and 2 (WTP Nos. 1 and 2). The fluoride equipment includes storage, pumping and related equipment to add fluoride to the city’s potable water system. In general, the following facilities will be constructed at each water treatment plant: a. WTP Nos. 1 – The existing sulfuric acid storage and pumping area at Water Treatment Plant 1 will be converted to and equipped with fluoride storage and pumping equipment. b. WTP Nos. 2 – The existing empty outside and covered bulk storage containment area at Water Treatment Plant 2 will be equipped with fluoride storage and pumping equipment. The city has requested Tetra Tech, Inc. (Engineer) to provide a scope of services for construction engineering and inspection (CEI) services. Additionally, the city is receiving Florida Department of Health (FDOH) grant funding for this project (City of Clearwater Fluoridation System Installation Project) and Tetra Tech will prepare and submit the paperwork as required by the FDOH to meet the grant contractual requirements. The scope of services are provided herein. CEI Resident Project Representative In order to better ensure that the Project is constructed in accordance with the Contract Documents, the Engineer will provide the services of a CEI Resident Project Representative (RPR) throughout the duration of construction. It is anticipated that such services will be provided over a twelve (12) month period. The WORK ORDER INITIATION FORM 2 of 10 Revised: 11/29/2017 total active onsite construction observation hours are estimated to be 496 hours and are calculated as follows: The project construction period is 12 months to final completion. Active onsite construction will occur at WTP Nos. 1 and 2 and is estimated to be 8 months with an estimated 3 months of equipment lead time and 1 month buffer. The time provided herein is estimated based on an assumed active onsite construction oversight of 5 months and 20 hours per week (400 hours). For the remaining 3 months of onsite construction, the active onsite construction services are estimated at 8 hours per week (96 hours). The role of the RPR, and limitations of the RPR's responsibilities, are set forth below: 1.The RPR will be the Engineer's agent or employee and under the Engineer's supervision and may act on the Engineer's behalf as directed by the Engineer and may carry out any activities designated herewith for Construction Phase engineering services. Accordingly, the Engineer will provide the services of a RPR at the site to assist the Engineer and to provide more continuous observation of such work and observe the project as a whole. 2.The purpose of representation by the RPR at the site will be to enable the Engineer to better carry out the scope and the duties and responsibilities assigned to and undertaken by the Engineer during the Construction Phase, and, in addition, by exercise of the Engineer's efforts as an experienced and qualified design professional, to provide the city with a greater degree of confidence that the completed work of the Contractor will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the Contractor. On the other hand, the Engineer or RPR shall not, during such visits or as a result of such observations of the Contractor's work in progress, supervise, direct or have control over the Contractor's work nor shall the Engineer have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, forsafety precautions and programs incident to the work of the Contractor or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing work. 3.The RPR shall keep the city informed of the progress of the Project as a whole and shall file a daily construction report. 4.The RPR may disapprove of or reject Contractor's work while it is in progress if the Engineer believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 5.The RPR shall consult with the Engineer and shall issue necessary interpretations and clarifications to the Contract Documents and prepare work directive changes and change orders as required. WORK ORDER INITIATION FORM 3 of 10 Revised: 11/29/2017 6.The RPR shall act on the Engineer's behalf and shall observe testing and inspections as the Engineer deems necessary. Inspections, testing, and approvals shall be as required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with the Contract Documents) 7.The RPR shall review work daily and shall inform the Engineer of percent complete based on the project Schedule of Values or appropriate unit prices, and the Contract Documents for review of payment applications. The Engineer shall as a qualified design professional, provide final written recommendation of payment for each pay period. The RPR shall assist the Engineer to assure that the quality of such work is generally in accordance with the intent established in the Contract Documents. By recommending any payment, the Engineer will not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by the Engineer to check the quality or quantity of Contractor's work as itis furnished and performed beyond the responsibilities specifically assigned to the Engineer in the Contract Documents. The Engineer's review of Contractor's work for the purposes of recommending payments will not impose on the Engineer's responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs or Contractor's compliance with laws, rules, regulations, ordinances, codes or orders applicable to furnishing and performing the work. It will also not impose responsibility on the Engineer to make any examination to ascertain how or for what purposes the Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to the city free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between the city and the Contractor that might affect the amount that should be paid. 8.The RPR shall conduct inspections to assist the Engineer in determining if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that the Engineer may recommend, in writing, final payment to Contractor and may give written notice to the city and the Contractor that the work is acceptable, but any such recommendation and notice will be subject to the limitations expressed above and the General Conditions of the Contract Documents. 9.The RPR and/or the Engineer shall not be responsible for the acts or omissions of the Contractor, or of any subcontractor or supplier, or any of the Contractor's subcontractor's or supplier's agents or employees or any other persons (except the Engineer's own employees and agents) at the site or otherwise furnishing or performing any of the Contractor's work; however, nothing contained in paragraphs above inclusive, shall be construed to release the Engineer from liability for failure to properly perform duties and responsibilities assumed by the Engineer in the Contract Documents. WORK ORDER INITIATION FORM 4 of 10 Revised: 11/29/2017 10.The RPR shall facilitate the exchange of documents and other necessary information between the city, the Engineer, and the Contractor. CONSTRUCTION PHASE SERVICES During the construction phase, Tetra Tech (Engineer) will complete the following tasks: 1.Prepare a health and safety plan to be submitted and approved by the City Project Manager prior to mobilizing to each site. 2.Prepare for and attend one (1) preconstruction conference, take meeting minutes, and distribute written minutes to all attendees. 3.Provide CEI Resident Project Representative (RPR) as described above to observe construction of the project, coordinate construction activities with the Contractor, document project progress, and conduct progress meetings. The contracted construction period is 12 months. The total active onsite construction observation hours are estimated to be 496 hours and are calculated as follows: The project construction period is 12 months to final completion. Active onsite construction will occur at WTP Nos. 1 and 2 and is estimated to be 8 months with an estimated 3 months of equipment lead time and 1 month buffer. The time provided herein is estimated based on an assumed active onsite construction oversight of up to 5 months and 20 hours per week (assumed 400 hours for both WTP Nos. 1 and 2). For the remaining up to 3 months of onsite construction, the active onsite construction services are estimated at 8 hours per week (assumed 96 hours for both WTP Nos. 1 and 2). 4.Provide interpretation or clarification of the design documents when requested. 5.Review shop drawings and other submittals up to two (2) times per submittal for general conformance with the Contract Documents. The Contract Documents will require the Contractor to pay for additional reviews, if necessary. 6.Review test reports for soils, concrete and other materials. 7.Review applications for payment and the accompanying data and schedules, determine the amountsowed to the Contractor, and advise the City of the recommended payments. 8.Evaluate any claims made by the Contractor and prepare change orders as required. 9.Conduct substantial and final completion inspections. 10.Observe start-up testing of major equipment. WORK ORDER INITIATION FORM 5 of 10 Revised: 11/29/2017 11.Prepare record drawings, incorporating changes made during construction based on record information furnished by the Contractor and provide two (2) sets of drawings, and one (1) compact disk with an electronic version of the documents to the City. 12.Prepare a project dossier that includes all of the construction documentation, including files of correspondence, meeting minutes, Contract Documents, Change Orders, Field Orders, RFIs, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, progress reports, Shop Drawing and Progress submittals, regulatory correspondence and other Project-related documents. At the conclusion of the project, Engineer will combine this information into a project dossier and submit to the City for review and comment. The project dossier will be submitted electronically on CD/DVD ROM. We have budgeted for up to one round of City review and comment. CERTIFICATIONS Upon construction completion, Tetra Tech will assist with the following: 1. Preparation and submittal to the Florida Department of Environmental Protection (FDEP) the “Certification of Construction Completion and Request for Clearance to Place Permitted PWS Components into Operation”, FDEP Form 62-555.900(9) for each WTP, allowing the city to obtain approval by the FDEP for permanent operation of the fluoride systems. 2. Assist with facilitating city of Clearwater Planning and Development Department’s final inspections so that a Certificate of Occupancy (CO) can be issued for each WTP’s fluoride system. FDOH GRANT REPORTING ASSISTANCE The city has received a FDOH grant to install fluoride systems at WTPs 1 and 2. The grant contract requires that the city provide the following information to the FDOH during construction: 1. Cost Estimate – Tetra Tech will complete the cost estimate which will include the quantity of items to be purchased; and item name, type, size, manufacturer, model number and total item price. The cost estimate will be updated up to three (3) times as necessary throughout the contract term and submitted to the FDOH within five (5) business days of any updates. 2. Quarterly Progress Reports – The project construction schedule is expected to be 12 months. Tetra Tech will prepare up to five (5) Quarterly Progress Reports for city review and approval and forward the reports to the FDOH each quarter. Photographs and documentation of proof of purchased equipment and installation date will be recorded throughout the contract term and included in the Quarterly Progress Reports. Purchases and installations will be in accordance WORK ORDER INITIATION FORM 6 of 10 Revised: 11/29/2017 with Florida Administrative Code Rule 62-555.325. Quarterly Progress Reports will be submitted to the FDOH with invoices. 3. Supporting Documentation Assistance – Tetra Tech will coordinate submission of the FDOH grant required documents as listed below. The city is responsible for preparing the documentation as required by and in accordance with the city’s FDOH contract: a. Required Invoices and Supporting Documentation b. Annual Financial Report c. Non-Expendable Property Report d. Single Audit Report 4. Project Close Out Report – Tetra Tech will complete the Project Close-Out Report which shall state that all applicable administrative actions and required work of the contract have been completed. The Report will include equipment photographs, itemized list of purchased equipment, physical address locations of the installed water fluoridation systems at WTP 1 and 2, list of all equipment costing $5,000 or more with the following information for each item: item description, manufacturer, serial number, quantity purchased, condition, location, purchase cost and date received. The Report will be submitted to the FDOH within 30 days of project completion. Tetra Tech will prepare the required documentation, submit to the city for review and forward the city-approved documentation to the FDOH. 3.PROJECT GOALS: The following work products will be delivered to the city as part of this project: Project Dossier Project completion certification to regulatory agencies Record Drawings 4.BUDGET: See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by Tetra Tech, Inc. for the completion of these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis for Task 1 and Method “B” – Lump Sum – Percentage of Completion by Task for Tasks 2 & 3, for a fee not to exceed One Hundred Forty Thousand Ninety-Seven Dollars ($140,097). 5.SCHEDULE: Project construction is scheduled to be completed within 12 months from issuance of notice-to- proceed. The record drawings are scheduled to be completed within two (2) months of construction completion. WORK ORDER INITIATION FORM 7 of 10 Revised: 11/29/2017 6.STAFF ASSIGNMENT: City’s Staff: Duy Nguyen – Project Manager Fred Hemerick – Public Utilities Liaison Charles McAbee–Public Utilities Site Representative (WTP-1) John Conyers – Public Utilities Site Representative (WTP-2) Jeremy J. Brown, PE – Utilities Engineering Manager Richard G. Gardner, PE – Public Utilities Assistant Director Consultant: Emilie Moore, PE –Project Manager James Christopher, PE – Engineer of Record Phil Walker, PE – Field Engineer Amal Yelkur, EI – Electrical Engineer 7.CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to Emilie Moore. All City project correspondence shall be directed to Project Manager, with copies to Utilities Engineering Manager and Public Utilities Assistant Director. ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. A health and safety plan must be submitted and approved by the Project Manager prior to conducting any fieldwork/site visits. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8.INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Attn. Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748. City Invoicing Code: 0315-96764-561300-533-000-0000 $70,048.50 0315-96767-561300-533-000-0000 $70,048.50 WORK ORDER INITIATION FORM 8 of 10 Revised: 11/29/2017 9.INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Project Number, Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10.SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY:APPROVED BY: ________________________________________________ Emilie A. Moore, PE, PMP D. Scott Rice, P.E. Sr. Project Manager City Engineer Tetra Tech, Inc.City of Clearwater ______________________________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 9 of 10 Revised: 11/29/2017 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1.FORMAT The design plans shall be compiled utilizing the following methods: 1.City of Clearwater CAD standards. 2.Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2.DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc.software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 10 of 10 Revised: 11/29/2017 WTP 1 and 2 Fluoride Addition – Construction Engineering and Inspection (CEI) Services and FDOH Grant Reporting Assistance Tetra Tech, Inc. WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Construction Phase Services (T&M) 1.1 Prepare Health and Safety Plan $1,949 $1,949 1.2 Preconstruction Conference $2,237 $2,237 1.3 Construction Observation (496 hrs total)$60,748 $60,748 1.4 Design Documents Clarification $8,242 $8,242 1.5 Shop Drawings / Submittals Reviews $11,468 $11,468 1.6 Review Test Reports $3,722 $3,722 1.7 Review Applications for Payment $3,756 $3,756 1.8 Evaluate Contractor Claims $3,338 $3,338 1.9 Conduct Substantial and Final Completion Inspections $6,423 $6,423 1.10 Observe Major Equipment Start Up $4,447 $4,447 1.11 Prepare Record Drawings $4,095 $4,095 1.12 Prepare Project Dossier $4,329 $4,329 Subtotal $114,754 2.0 Certifications (Lump Sum) 2.1 FDEP Construction Completion $2,183 $2,183 2.2 Building Department Occupancy Certificate $1,076 $1,076 Subtotal $3,259 3.0 FDOH Grant Reporting Assistance (Lump Sum) 3.1 Cost Estimates $4,271 $4,271 3.2 Quarterly Progress Reports $7,127 $7,127 3.3 Supporting Documentation Assistance $5,031 $5,031 3.4 Project Close Out Report $5,655 $5,655 Subtotal $22,084 Grand Total $140,097 WTP #1PROJECTLOCATION DREW ST N KEENE RD PALMETTO ST CASLER AVE N SATURN AVE AIRPORT DR N HERCULES AVE RICHARDS AVE HARDING ST GILBERT ST MAPLE ST BONAIR ST LEVERN ST WALNUT ST McKINLEY ST BAKER AVE N MARS AVE ELMWOOD ST HOBART AVE GRAND AVE WOOD DR N DUNCAN AVE N JUPITER AVE AMBLE LN RIDGE AVE WEBB DR EDGEWOOD AVE FEATHER TREE DR KENNETH PL DREW PLZ HARDING PLZ TULANE AVE LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM D_N N.T.S.N/A N/A03/29/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: WATER TREATM ENT FLUORIDE ADDITIONSWTP 1 & WTP 2PROJECT NUMBER 16-0031-UT Path: V:\GIS\Engineering\Location Maps\Water Treatment Fluoride Additions - WTP 1 & WTP 2.mxd WTP #2PROJECTLOCATION DREW ST US-19 NGULF-TO-BAY BLVD HAMPTON RD E US-19 FRONTAGE RDW US-19 FRONTAGE RDPARK PLACE BLVD DAVID AVE NASSAU LN BAHAMA LN N OLD COACHMAN RDBERMUDA BLVD LEEWARD ISLE ST. MARTIN LN ELIZABETH AVE OLD COACHMAN RD ST. CROIX SECTION V – Contract Documents SECTION V Page i Updated: 10/16/2017 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 3 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 7 PROPOSAL/BID BOND ............................................................................................................................ 8 AFFIDAVIT ................................................................................................................................................ 9 NON COLLUSION AFFIDAVIT............................................................................................................ 10 PROPOSAL ............................................................................................................................................... 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 13 BIDDER’S PROPOSAL ........................................................................................................................... 14 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 16 SECTION V – Contract Documents SECTION V Page 1 of 16 Updated: 10/16/2017 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER KAT Construction & Materials, Inc. 22031 US Hwy 19, Clearwater, FL 33765 727-333-7105 [name] [principal business address] [phone number] City of Clearwater Engineering Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: WATER TREATMENT FLUORIDE ADDITION – WTP 1 AND WTP 2 PROJECT NO.: 16-0031-UT PROJECT DESCRIPTION: Fluoride feed facilities at the City’s Water Treatment Plants 1 and 2 (WTP 1 and WTP 2). The fluoride equipment includes storage, pumping, and related equipment to add fluoride to the City’s potable water system. BY THIS BOND, We, __________________________________, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $552,036.20, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of WATER TREATMENT FLUORIDE ADDITION – WTP 1 AND WTP 2, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 2 of 16 Updated: 10/16/2017 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connect he contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby ed with t waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). KAT Construction & Materials, Inc. By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal)_______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 3 of 16 Updated: 10/16/2017 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, of the City of ____________________ County of __________________________ and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: WATER TREATMENT FLUORIDE ADDITION – WTP 1 AND WTP 2 PROJECT NO.: 16-0031-UT in the amount of $ 552,036.20 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 4 of 16 Updated: 10/16/2017 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 5 of 16 Updated: 10/16/2017 CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a)Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b)Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c)Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d)Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e)A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f)The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g)A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h)If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: SECTION V – Contract Documents SECTION V Page 6 of 16 Updated: 10/16/2017 CONTRACT (4) 1.The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2.At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i)A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j)A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: George N. Cretekos, Mayor __________________________________________ Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 7 of 16 Updated: 10/16/2017 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: WATER TREATMENT FLUORIDE ADDITION – WTP 1 AND WTP 2 Engineering Dept. PROJECT NO.: 16-0031-UT 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO. : [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: KAT Construction & Materials, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of KAT Construction & Materials, Inc. 22031 US Hwy 19 Clearwater, FL 33765 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Dept. 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): I-CGC1523963Tooley, Patrick John 22031 US Hwy 19 Clearwater, FL 33765 � PINELLAS COUNTY CONSTRUCTION, ;;..,,, LICENSING BOARD TIIIS crnnlFlliS THAT Patrick John Tooley Dlli\ Kat Construction & Materials Inc STATli CERT 11 I-CGC1523963 I IAS l'ILEIJ I IIS/1 IER LICENSE AND PROOF OF REQUIREDLIABILITY AND WORKERS' COMPENSATIONINSURANCE WITH THIS BOARD. IN CiOOD STANDING UNTIL St•ptcmber 30, 2018DATE OF ISSUANCE 07/06/2017 *Please cul out license along lines f GREEN LIGHT FOR WATER FLUORIDATION IN NEW ZEALAND. Spittle. Bruce Fluoride. Oct-Dec2015, Vol. 48 Issue 4, p271-273. 3p. Article NEW Zealand Authors: Source: Document Type: Subject Terms: Geographic Although a series of legal judgements in New Zealand have upheld the legality of water fluoridation, at a level of 0.7-1.0 mg F/L, they have been based, in part, on the understanding that the associated adverse effects are minimal. In contrast to the finding of a 2014 report, Health effects of water fluoridation: A review of the scientific evidence. A report on behalf of the Royal Society of New Zealand and the Office of the Prime Minister's Chief Science Advisor, there is evidence that in order to prevent neurotoxicity to all, including the iodine deficient, the level of fluoride in drinking water should not exceed 0.1 mg/L. In this situation, where the science is unsettled and uncertainty about the neurotoxicity risks of community water fluoridation is present, the precautionary principle should be applied and the fluoridation of drinking water put on hold. ABSTRACT FROM AUTHOR] Copyright of Fluoride is the properly of Intemational Society for Fluoride Research and its content may not be copied or emailed to multiple sites or posted to a listsery without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) ISSN: 0015-4725 1 4/17/2018 PREVENTING DENTAL CARIES WITH FLUORIDE: THE RISKS AND BENEFITS: EBSCOhost http://eds.b.ebscohost.com.db24.linccweb.org/ehost/detail/detail?vid=19&sid=20529e92- bb94-410a-b8f1-643d89a02959%40sessionmgr102&bdata=JnNpdGU9ZWhv Authors: Source: Document Type: Subject Terms: Author -Supplied Keywords: Abstract: Spittle, Bruce Fluoride. JuI-Sep2015, Vol. 48 Issue 3, p181-183. 3p. Article *CAVITY prevention *PHYSIOLOGICAL effects of fluorides Cochrane review Dental fluorosis Risks and benefits Water fluoridation A recent Cochrane review on water fluoridation found that the initiation of water fluoridation resulted in reductions in dmft of 1.81 (35%) and in DMFT of 1.16 (26%). There were also increases in the percentage of caries -free children (deciduous dentition: 15%, permanent dentition: 14%). However, the majority of the studies were conducted prior to 1975, and the widespread use of fluoride toothpaste, and the authors found very little contemporary evidence on the efficacy of water fluoridation. They estimated that for a fluoride level of 0.7 ppm the percentage of participants with some degree of fluorosis was 40% and that in 12.5% this was of aesthetic concern. In the following editorial in Fluoride, this editor noted that the ability of fluoride to adversely cellular metabolism in cariogenic bacteria was its Achilles' heel for being a useful systemic therapeutic agent as it could also disrupt the ultrastructure of mitochondria and endoplasmic reticulum, and alter enzyme and gene expression levels in humans. The Fluoride editorial noted that, as well as contributing to dental fluorosis, systemic fluoride intake may be a possible aetiological factor in a number of significant health problems and concluded that an objective assessment of the risks and benefits of water fluoridation, together with taking account of the precautionary principle, indicated that systemic fluoride ingestion for preventing dental caries was a flawed concept. [ABSTRACT FROM AUTHOR] Copyright of Fluoride is the property of International Society for Fluoride Research and its content may not be copied or emailed to multiple sites or posted to a Iistsery without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts r Section: Cities & Towns; The city is headed for its sixth fluoridation plebiscite Calgary Alderman Jon Lord had no strong opinions about water fluoridation until six months ago, when he read up on the topic at a local health library. "Frankly, I was shocked," he says. Doubtful of the cavity - fighting powers of water fluoridation and worried about the risks of ingesting the neurotoxin, he pushed the city to establish a fluoridation task force to survey the scientific literature. The results were released three weeks ago and council will decide this month whether to hold Calgary's sixth fluoridation plebiscite in 40 years. Fluoridation became widespread in North America in the 1950s when it was presented as a safe way to prevent cavities. At present about half of Canadian municipalities have fluoridated water, including most Alberta communities with the exception of Medicine Hat. Edmonton began fluoridating in 1967. Calgary resisted the trend, rejecting the idea in plebiscites in 1957, 1961, 1966 and 1971 but finally approving it in 1989. Fluoridation fighters have long argued that the substance is toxic, damages the nervous system, teeth and bones, and that ingesting it does not prevent cavities. Richard Foulkes, a family doctor in Abottsford, B.C., and former health advisor to the B.C. government, used to advocate fluoridation. "But the more I studied it, the more convinced I became that I and others had made a grievous error," he says. A host of studies back up his contentions. Several examining the correlation between hip fractures and fluoridation suggest that it makes bones more brittle. A Harvard researcher found that fluoride causes neurological problems in rats, and two Chinese studies released last year found that areas with excessive fluoridation were associated with reduced IQs in children. The most common problem is dental fluorosis, which produces chalky white marks on the teeth and in extreme cases produces pitting and severe discoloration. Proponents of fluoridation emphasize the falling levels of tooth decay in fluoridated countries. However, Dr. Foulkes points out that tooth decay is going down at the same rates in unfluoridated countries, suggesting that improved dental hygiene and diet are responsible for the improvement. A 1985 comparison between 13 -year-old children in Edmonton (which had fluoridated water) and Calgary (which did not) showed no significant difference in cavity rates. Further, while fluoride applied directly helps decayed teeth "remineralize," it is questionable whether it prevents cavities, says Dr. Foulkes. The greatest benefit occurs when the child's adult teeth are just appearing. He adds that people already take in far more fluoride through prepared foods, tea, toothpaste and other sources than the originators of fluoridated water intended in the first place. In the 1940s investigators estimated the average total fluoride intake to be 0.5 to 1.0 mg per day; today that number is estimated at 3.0 to 9.0 mg per day. Dental fluorosis: How much is too much? The Calgary task force, comprising five members from the faculties of medicine, science and environmental design at the University of Calgary, had to decide whether the amount of fluoride added to the water supply is safe. At the moment, the fluoridation level is 1.0 part per million (ppm), or 1 mg per litre. The additive, hydrofluosilicic acid, which is 24% fluoride and also contains trace amounts of arsenic, lead and mercury, is a byproduct of a B.C. fertilizer plant. Panel chairman Dixon Thompson, a professor of environmental design, says there is not enough evidence to stop fluoridation. 'When the politicians ask us whether fluoride is safe, the simple answer is that no, in excessive doses nothing is safe," says Prof. Thompson. But, he says, other studies have found that fluoride is an effective and reasonably safe treatment in most circumstances. The research describing serious adverse effects was often either methodologically flawed or dealt with extreme doses, he contends. Given the prevalence of environmental fluoride, the panel recommended that the level be reduced to 0.7 ppm. 'What we were trying to do was strike a balance between things like fluorosis and the clear dental benefits that fluoride offers," he says. Dr. Foulkes argues that fluoridating water is unethical; the city is forcing a medical treatment on people which may be harmful. At least, given the controversy, the city should aim to be safe rather than sorry, he says. Prof. Thompson replies that, in his opinion, the hazards are minimal and that adding vitamins and minerals to food products is common practice. Elke Babiuk, a long-time fluoride opponent and director of the Alberta chapter of the Health Action Network Society, believes that the medical establishment cannot admit it has been wrong all these years because it fears legal liability. An investigation into fluoridation "would make the Krever Inquiry look like a tea party," she says. Calling fluoridation the "scientific fraud of the century," Dr. Foulkes predicts a slew of lawsuits if further research confirms the dangers of fluoride. AId. Lord adds that in 1989 the Calgary Health Unit led the charge to introduce fluoridation. At the time, the unit was spending $500,000 annually distributing fluoride drops to school children; now it costs the utilities department $500,000 per year to treat the water. After receiving the panel's report and the city commissioner's recommendation that water fluoridation continue, the operations and environment committee recommended that council approve a plebiscite for this fall's municipal election. By Les Sillars Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4488 Agenda Date: 4/19/2018 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Approve the Contract for Exchange of Real Property providing for the exchange of certain city-owned real property for a strategic parcel in the downtown core which is of greater value and is owned by the Church of Scientology Flag Service Organization, Inc. (COS), authorize the appropriate officials to execute same, together with all other instruments necessary to affect closing. SUMMARY: The Nolen Project in the downtown core creates a need for public parking. The property at the Southwest corner of Cleveland Street and S. Martin Luther King Jr. Avenue at 1133 Cleveland Street abuts the Nolen Project and will provide needed parking. This property will be conveyed to the City by COS in exchange for three city-owned properties as more particularly described below. The COS property appraised at $640,000.00 by James Millspaugh & Associates, Inc. In exchange for this COS property, the City of Clearwater will convey three parcels of land more particularly described as: 1.600 Franklin Street - The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. 2.Dedicated Right-of-way - a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. 3.The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. The first parcel, 600 Franklin Street, supported the old Fire Station 45. The property is approximately 3,660 square feet and the appraised value of the parcel has been determined by James Millspaugh & Associates, Inc., to be $165,000.00. The second parcel, the right-of-way parcel, is located North of Court Street, between S. Garden Avenue and S. Fort Harrison Avenue, and contains right-of-way both dedicated as Haven Street by plat and right-of-way dedicated by a Resolution of the Clearwater City Council. The Haven Street portion of the right-of-way parcel was dedicated in Plat Book 5, Page 53, Official Records of Pinellas County, Florida in 1922, and will join the adjacent fee-owned lots by operation of law upon vacation. The right-of-way over city-owned lots 34 and 45 of Court Page 1 City of Clearwater Printed on 4/19/2018 File Number: ID#18-4488 Square Subdivision was dedicated by Resolution 79-50 in Official Records Book 4867, Page 1478, Official Records of Pinellas County. Following the vacation of the right-of-way parcel in accordance with Vacation Ordinance 9129-18, being presented for Council approval simultaneously herewith, the remaining City-owned property will be approximately 4,750 square feet. The appraised value of right-of-way/city-owned parcel has been determined by Jim Millspaugh & Associates, Inc., to be $200,000.00. The third parcel, located at 28 North Garden Avenue (commonly known as the City of Clearwater’s North Garden Avenue Parking Lot) lying east of Watterson Avenue, north of Cleveland Street, south of Hendricks Street, and west of N Garden Avenue. This lot is approximately 4,500 square feet and includes 9 parking spaces, open to the public. The parking rate at this lot is $0.50 an hour with a maximum time limit of 2 hours. The appraised value of this property, as determined by James Millspaugh & Associates, Inc, is $90,000.00. This contract is contingent upon three pre-requisites. The first being the declaration of surplus of these three City owned parcels. The second pre-requisite is the vacation of Haven Street, along with real property dedicated as right-of-way in Official Records Book 4867, Page 1478, of the Public Records of Pinellas County, Florida. The third is the City being granted adequate access to the COS Property in accordance with the timeframes contemplated in the contract for purposes of conducting inspections and investigations, including environmental investigations. If any of these pre-requisite items fail to come to fruition, this contract will be null and void. Page 2 City of Clearwater Printed on 4/19/2018 CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on _______________, 2018 (“Effective Date”), by and between the CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation (herein “COS”), of 503 Cleveland Street, Clearwater, Florida 33755, and the CITY OF CLEARWATER, FLORIDA, a Municipal corporation of the State of Florida (herein "City") of P.O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that the Parties shall exchange the following real property ("Real Property") (CITY’s Property and COS’s Property, as defined below, is sometimes collectively referred to as "Property") upon the following terms and conditions. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: Property to be conveyed by COS to CITY consists of a certain parcel of real property as described on Exhibit “A” attached hereto and made part hereof (“COS Property”). Property to be conveyed by CITY to COS consists of three certain parcels of real property as described on Exhibit “B” attached hereto and made part hereof (“CITY Property”). 2. FULL PURCHASE PRICE: This Agreement is for an exchange of Property as between the Parties and there is no additional consideration to be paid by either party at Closing. At the time of Closing, COS shall convey to City, pursuant to the terms herein, COS Property, and CITY shall convey to COS the City Property. The conveyance of the COS Property shall constitute full consideration for the conveyance of the City Property. The conveyance of the City Property shall constitute full consideration for the conveyance of the COS Property. 3. MANNER OF PAYMENT: CITY Property shall be conveyed to COS by Special Warranty Deed. COS Property shall be conveyed to City by Warranty Deed; and, closing costs shall be attributed to the Parties as provided for herein. 4. PURCHASE PRICE The Full Purchase Price is based upon appraisals of both the COS Property and the CITY Property by James M. Millspaugh & Associates dated October 3, 2016, February 17, 2017 respectively, as amended March 8, 2017 and March 21, 2018, all of which are on file with the City Real Estate Department. [GM17-9216-055/217711/1] Page 1 of 15 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by COS, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to COS within 10 days thereafter. If a counter-offer is approved by the Council, it shall be delivered to COS in writing within 10 days of such action by the City Council, and COS shall have 10 days thereafter to deliver to CITY, written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter- offer is rejected by COS, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Council upon initial presentation to the Council, this contract shall be null and void in all respects and COS shall be so informed in writing within 5 days of such action. Contingencies: The exchange proposed in this contract shall be contingent upon: (1) the declaration of the City Property as surplus in accordance with the City of Clearwater Code of Ordinances/Charter; (2) City Council approval of a vacating ordinance which vacates that certain portion of public right-of-way f/k/a and platted as Haven Street and a portion of right-of-way dedicated in Resolution 79-50 of the City of Clearwater, Florida (as more particularly described in Exhibit “C” attached hereto and incorporated herein) (Said vacation ordinance shall be conditioned upon, among other things, the Closing of the property exchange as contemplated herein and the granting of utility easements by COS to certain private utility companies);; and (3) the City being granted adequate access to the COS Property in accordance with the timeframes contemplated herein for purposes of conducting inspections and investigations, including environmental investigations, as provided for herein. Should COS fail to provide access to the City, such failure shall constitute a material breach and this Contract shall be null and void in all respects with neither party having any further obligation to the other. 6. TITLE COS warrants that at the time of closing, COS shall have legal capacity to and shall convey marketable title to the COS Property by Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to CITY. Otherwise title shall be free of liens, easements and encumbrances of record or known to COS, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents CITY's intended use of the COS Property for downtown redevelopment purposes. COS warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. [GM17-9216-055/217711/1] Page 2 of 15 CITY warrants legal capacity to and shall convey marketable title to the CITY Property by Special Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to COS. Otherwise title shall be free of liens, easements and encumbrances of record or known to City, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents COS's intended use of the CITY Property for redevelopment purposes. CITY warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Each party shall, at the expense of the party granting title and within 15 days prior to closing date, deliver to the other party, a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by CITY or COS as may be appropriate at or before closing for both the COS Property and the CITY Property, as their interests may appear. The parties shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. The other party shall have 5 days from receiving evidence of title to examine it. If title is found defective, the objecting party shall, within 3 days thereafter, notify the other party in writing specifying defect(s). If the defect(s) render title unmarketable, the granting party will have 120 days from receipt of notice within which to remove the defect(s), failing which the objecting party shall have the option of either accepting the title as it then is or withdrawing from this Contract. CITY or COS, as appropriate will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 8. SURVEY The Parties, at their own expense, within time allowed to deliver evidence of title and to examine same, may have the CITY Property or COS Property surveyed (by COS or CITY, respectively) and certified to the other party and closing agent by a registered Florida land surveyor. If survey shows any encroachment on the respective parcel, or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 177, Florida Statutes. 9. CLOSING PLACE AND DATE [GM17-9216-055/217711/1] Page 3 of 15 [X] COS [ ] CITY shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before August 17, 2018 but in no case later than 120 days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Closing Agent, on behalf of COS, shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments for both conveyances. The appropriate parties shall deliver resolutions authorizing the sale and delivery of the deed and certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of local law. 11. CLOSING EXPENSES Documentary stamps on the COS Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the COS. Documentary stamps on the CITY Property deed, unless this transaction is exempt under Chapter 201.24, Florida Statues, shall be paid by the COS. Each party shall also pay the costs of recording any corrective instruments required to insure marketable title of the property being conveyed by that party. Recordation costs of the deeds shall be paid by the respective grantee. 12. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Properties shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property acquired by the City from taxation as provided in Chapter 196, Florida Statutes (2016). If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held in trust for third parties in occupancy of the Properties shall be credited to the other party at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by respective owner/seller. 13. OCCUPANCY The parties warrant to one another that there are no parties in occupancy on the respective Properties, unless as otherwise disclosed herein. If Property is intended to [GM17-9216-055/217711/1] Page 4 of 15 be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. The Parties agree to deliver occupancy of the respective Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, the Party taking occupancy assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. LEASES The parties shall, not less than 15 days before closing, furnish to the other party copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If unable to obtain such letter from each tenant, the same information shall be furnished by the other party within that time period in the form of an affidavit, and the party may thereafter contact tenants to confirm such information. The granting party shall, at closing, deliver and assign all original leases to the other party and credit the parties with all advanced rents and security deposits paid by or on behalf of each tenant. 15. PROPERTY CONDITION The parties shall deliver the respective Properties to the respective grantee party at time of closing in their present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Neither party makes any warranty other than as is disclosed herein in Paragraph 21 (“WARRANTIES”) and marketability of title. Each Party’s covenant to exchange the respective Properties “as is” is more specifically represented in either subparagraph 1. a. or b. as marked [X]. a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X] As Is With Right of Inspection: Each Grantee may, at its expense and within 90 days following the Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property it is acquiring as it deems necessary to determine suitability for its intended use. The other Party shall grant reasonable access to the Property to said Grantee, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Each Party will, upon reasonable notice, provide utilities services as may be required for Grantee’s inspections and investigations. Each Party shall not engage in any activity that could result in a mechanics lien being filed against the Property without respective Grantor’s prior written consent. Grantee may terminate this contract by written notice to [GM17-9216-055/217711/1] Page 5 of 15 the respective Grantor prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Grantee, unless the respective Grantor elects to repair or otherwise remedy such conditions to Grantee satisfaction; or Grantee, at its option, may elect to accept a credit at closing of the total for estimated repair costs as determined by a licensed general contractor of Grantee’s selection and expense. If this transaction does not close, grantee agrees, at Grantee expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. Access to the COS Property shall be granted to City as of the Effective Date of this Contract for purposes of conducting the inspections and investigations provided for herein. Should COS fail to provide the City adequate access to the COS Property for investigations as provided for herein, this Contract shall be null and void in all respects with neither party having any further obligation to the other. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, the parties may conduct a final "walk-through" inspection of the Properties to determine compliance with any obligations under Paragraphs 8, 13 and 15 and to ensure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. HOLD HARMLESS CITY is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 768.28, agrees to indemnify and hold harmless COS from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from CITY's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. COS agrees to indemnify and hold harmless the City from claims of injury to persons or property during the inspections and investigations described in Paragraph 15(b) resulting from COS own negligence, or that of its employees or agents only. 18. RISK OF LOSS If any of the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the property so damaged, cost of restoration shall be an obligation of the grantor party and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, the respective Grantee shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. [GM17-9216-055/217711/1] Page 6 of 15 19. PROCEEDS OF SALE; CLOSING PROCEDURE The deeds to the CITY Property and COS Properties shall be recorded upon delivery of all deeds and other required closing documents, and payment and clearance of funds payable for title insurance and other closing costs. Proceeds of sale shall be held in escrow by COS's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at the respective owner’s expense to show title in the other party, without any encumbrances or change which would render the property’s title unmarketable from the date of the last title evidence. If title is rendered unmarketable through no fault of the other party, the objecting party shall, within the 5 day period, notify the other party in writing of the defect and the non-objecting party shall have 30 days from the date of receipt of such notification to cure the defect. If the defect is not timely cured, all funds paid by or on behalf of the other party shall, upon written demand made and within 5 days after demand, be returned to the other party and simultaneously with such repayment, the property shall be reconveyed by the same type deed of the original conveyance. If the objecting party fails to make timely demand for refund and reconveyance of property, objecting party shall take title "as is", waiving all rights against the non-objecting party as to any intervening defect except as may be available to objecting party by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (2016), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Grantor, other than to make the title marketable after diligent effort, the respective Grantee may seek specific performance or unilaterally cancel this agreement upon giving written notice to Grantor. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. RESPECTIVE GRANTOR WARRANTIES Respective Grantors warrant that there are no known facts that would materially effect the value of the Properties, or which would be detrimental to the Properties, or which would effect parties desire to exchange the properties except as follows: NONE The parties shall have the number of days granted in Paragraph 15(b) above ("Inspection Period") to investigate said matters as disclosed by the other party, and shall notify the granting party in writing regarding closing on this contract notwithstanding said matters, or whether the contract shall be cancelled. Failure to notify the other party within said time period, the respective Grantee shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. [GM17-9216-055/217711/1] Page 7 of 15 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(5), Florida Statutes (2016), as amended, the parties is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contract, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. ASSIGNABILITY; PERSONS BOUND This contract [X] is not assignable [ ] is assignable. The terms "CITY", "COS", and "Broker" (if any) may be singular or plural. This Contract is binding upon CITY, COS, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, each party shall be reasonable for its own attorney's fees and costs. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. [GM17-9216-055/217711/1] Page 8 of 15 28. BROKER REPRESENTATION Neither party is represented by a real estate broker. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 30. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. In any litigation arising out of or relating to this Contract, the Parties agree that venue shall be in the United States District Court, Middle District of Florida, Tampa Division, or the Circuit Court located in Pinellas County, Florida. 31. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 32. EXHIBITS ATTACHED Exhibit “A” (legal description of COS Property), Exhibit “B” (legal description of CITY Property), and Exhibit “C” (legal description of public right-of-way to be vacated f/k/a and platted as Haven Street) are attached hereto and made a part of this contract. 33. ENTIRE AGREEMENT Upon execution by COS and CITY, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. [GM17-9216-055/217711/1] Page 9 of 15 City Signature Page to Contract For Exchange of Real Property Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ By: _________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: __________________________ _____________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk [GM17-9216-055/217711/1] Page 10 of 15 COS Signature Page to Contract For Exchange of Real Property CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., a Florida not for profit corporation By: _________________________ Print Name: Title: Attest: ________________________________ ________________________________ Print Name ________________________________ ________________________________ Print Name [GM17-9216-055/217711/1] Page 11 of 15 EXHIBIT “A” COS PROPERTY Parcel No. 15-29-15-53928-005-0011 [GM17-9216-055/217711/1] Page 12 of 15 EXHIBIT “B” CITY PROPERTY • 600 Franklin Street – The South 60’ of Lot 1, Block 7, Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla, Plat Book 1, Page 52, Public Records of Hillsborough County, of which Pinellas County was formerly a part. • Dedicated Right-of-Way – a portion of Lot 34 and a portion of the vacated Haven Street, Court Square Subdivision, Plat Book 5, Page 53, Public Records of Pinellas County, Florida. • The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. [GM17-9216-055/217711/1] Page 13 of 15 EXHIBIT “C” A PORTION OF PUBLIC RIGHT-OF-WAY TO BE VACATED FORMERLY KNOWN AS AND PLATTED AS HAVEN STREET IN PLAT BOOK 5, PAGE 53, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF RIGHT-OF-WAY DEDICATED IN RESOLUTION 79-50 OF THE CITY OF CLEARWATER, FLORIDA AS MORE PARTICULALRY DESCIRBED HEREIN [LEGAL DESCRIPTION AND SKETCH ON FOLLOWING PAGE] [GM17-9216-055/217711/1] Page 14 of 15 [GM17-9216-055/217711/1] Page 15 of 15 9771432v1 COURT ST LAURA ST PARK ST CLEVELAND ST PIERCE ST S EAST AVEFRANKLIN ST S MYRTLE AVE S PROSPECT AVE EWING AVE S FORT HARRISON AVE S MARTIN LUTHER KING, JR. AVE N EAST AVEBOOTH AVE S GARDEN AVE N MYRTLE AVE N GARDEN AVE WATTERSON AVE PADUA LN N FORT HARRISON AVE MARKLEY ST NPROSPECTAVENATHANS LN PARK ST PIERCE ST S GARDEN AVE JB TM 286B 16-29s-15e 04/06/18Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Proposed Property Swap Locations andAppraised Value Comparison Church of Scientology SiteAppraised Value: $640,000 ² N.T.S.Scale: Document Path: S:\ENV\Jim Benwell\GIS\Prop Swap with Church Values.mxd Parking Lot #4Appraised Value: $90,000 600 Franklin StAppraised Value: $165,000 Platted and Dedicated Right-of-WayAppraised Value: $200,000 3 Properties to b e Swapped by City Total: $45 5,000Property to b e Swapped by Church of Scientology: $6 40,00 0Difference in Tota l: $185,000 55 50 203050 1 2 34 41/0233055 50 55(S)5035 3550 8070 6028 17 35 15 15 55 35 44 355035606059.5303052(S)3512121155(S)1550 23814 59580 32292 32292 32274 16528 * 85185 A B 1 2 6 5 7 17 18 20134 1 2 3 4 5 6 7 8 9 10 7 6 5 1 2 3 4 5 6 7 10 9 8 7 6 5 4 3 2 1 18 17 16 15 14 1 2 3 4 5 6 7 8 1 2 3 4 9 10 11 13 3 4 5 6 13 14 15 16 17 18 3 2 1 12 13 14 6 5 123456734 14131211109821 91011 1 2 3 4 5 6 7 8 4 3 2 1 23 22 21 20 1 3 4 9 2 8 12 1 2 3 1 7 12/01 12/03 12/0 2 11/01 11/03 12/10 A C 2 1 2 12 1 Garden Avenue Garage(City Owned) 24 46 34 28 33 512606124 530612628505615534515515101 527120 601600531100 619432-ENE 1/4 of 16-29-15 286B SE 1/4 of 9-29-15 277B DREW ST PARK ST CLEVELAND ST N GARDEN AVE HENDRICKS ST WATTERSON AVE LAURA ST N FORT HARRISON AVE S GARDEN AVE ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM TM N.T.S.286B 16-29s-15e05/09/2017Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PART OF PARCEL ID 16-29-15-32274-005-0012,GARDEN AVENUE GARAGE28 N GARDEN AVE Path: V:\GIS\_Staff\Chris\Projects\City\Garden Ave Garage Parcel\GIS Map\GardenAvenueGarageParcel.mxd City Portion to be Swapped in Property Exchange The North 37’ of the West 121’ of the South half of Lot 1, Block 5, of Gould & Ewing’s 1st and 2nd Addition to Clearwater-Harbor Fla., Plat Book 1, Page 52, of the Public Records ofHillsborough County, Florida, of which Pinellas County was formerly a part. Hatc hed area further describe d as: THIS IS NOT A SURVEY 3 CaII, Rosemarie From: Thompson, Amanda Sent: Thursday, April 19, 2018 3:41 PM To: Call, Rosemarie Cc: Horne, William; Akin, Pam Subject: FW: Commercial Development in Prospect Park District I have received the following letter of support for the land exchange item from Forge Capital Partners, LLC who own The Nolen. Please add this to the record. Thank you, Amanda Thompson Director I Community Redevelopment Agency CeII: 727-744-3220 From: Peter Collins <PCollins@ForgeCapitalPartners.com> Sent: Thursday, April 19, 2018 3:37 PM To: Thompson, Amanda <amanda.thompson@myclearwater.com>; Reid Jaeger<rjaeger@ForgeCapitalPartners.com> Subject: Commercial Development in Prospect Park District Amanda — Apologies as I will not be able to make the meeting today. I wanted to make it back but got delayed in my meetings in Atlanta. I greatly appreciate the support that you and CRA have shown for facilitating commercial development in the Prospect Park District. As you know, the success of the Nolen will assist with this effort as well as be a recipient of the fruits of the CRA's actions in this regard. As we discussed, we have been trying to attract commercial/retail tenants at The Nolen for over a year now. Although we have had substantial interest in the retail space, the simple fact is that there is not adequate parking for this much space either on a dedicated or near proximity basis. I have no doubt that unless we address the parking situation, this space will remain substantially vacant. We have had several discussions with City officials in the past regarding the lot adjacent to The Nolen (1133 Cleveland Street) and thought at a couple of points the City was close to obtaining this lot. If you have the ability to make a run at this property again either on a direct purchase or swap basis, we would strongly support this effort. Thank you for your assistance in this and please let me know if I can help. Best, Peter Peter H Collins Managing Principal Forge Capital Partners, LLC P) 813.574.6779 (Tampa) C) 561.213.9779 (cell) pcollins@forgecapitalpartners.com 1 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-4513 Agenda Date: 4/19/2018 Status: City Manager ReportVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 11.4 SUBJECT/RECOMMENDATION: City Hall Relocation SUMMARY: Following the approval of the referendum supporting the Imagine Clearwater initiatives last November, staff began looking at different ways to advance Imagine at a quicker pace. Staff feels the pressure from Downtown Stakeholders and others to avoid losing the momentum created by Imagine Clearwater. In February the Council approved preliminary design on the project, and staff expects the full design to be completed in 2019. Looking toward to 2019, staff has been working to identify possible hurdles to the implementation of Imagine, and City Hall has been identified as a significant one. The main issue with the City Hall site surrounds the proposed multi-modal site that PSTA is planning for, and the possibility of a joint city/county building on the site where the current PSTA transfer station sits. While discussions with the County on a joint facility are ongoing, the leading candidate for construction of such a building is on the site currently housed by PSTA’s downtown transfer station, which will not be relocated until after PSTA’s multi-modal facility has been constructed, which is estimated to be in 2021. This means that if we do choose the PSTA site to construct a new City Hall, construction would not be able to commence until at least 2021, and potentially further out. Should we choose not to move City Hall to the PSTA site, funding will be an issue. City Hall is currently funded for Penny IV, which means funds to construct a new City Hall would not be available until 2020 at the earliest, and in that case, only if other projects were pushed out further. All of these timelines disrupt our ability to advance Imagine Clearwater. The City Hall site is a key part of the plan, for the targeted mixed use of the site, as well as the funds that will be generated by that sale or lease of the property. In an effort to mitigate the above issue, staff began to review possible solutions to this complex issue. What resulted was a review of the carrying costs of City Hall. That review was then updated in April of 2018 to include estimated costs for the upcoming year and the addition of a line item for Building Security, which had not been contemplated in the 2017 review. These costs break out into three categories. Hard costs, which are costs that are directly attributed to occupation of City Hall. Soft costs, which are costs that are estimated for Building Maintenance and A/C system work and are estimated based on the impact of particular building to the system as a whole. Capital costs that are attributed to long term replacement or renovation of various major expense items and are typically budgeted for over several years. Hard Costs: Soft Costs: Capital Costs: Total Costs: Page 1 City of Clearwater Printed on 4/19/2018 File Number: ID#18-4513 Following the initial review of the carrying costs of City Hall, staff worked to identify options that would use the on-going savings that would occur demolishing City hall to fund a temporary solution for City Hall yet staying consistent to the Downtown Plan’s goal of keeping the city’s government central to downtown clearwater. In doing this review staff identified only one office building that was advertising enough space to house all the departments within City Hall, One Clearwater Tower (Bank of America Building). This site has two floors that could accommodate the occupants of City Hall. One of the floors is just over 13,000 square feet and would require a full renovation. The other floor has the same square footage but is already built out, with the current tenant vacating in August. Staff would like direction on moving forward with Lease negotiations with One Clearwater Tower. The advertised lease rate is below the annual total cost for the operations of our current City Hall and staff believes we have an opportunity for savings with this move as well as placing the city in a more flexible position not only to move forward with Imagine Clearwater, but get a greater return on how we are spending public dollars for the maintenance and repair of city infrastructure needs. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/19/2018 Name: 1111AL Citizen Comment Card KkcIr'o\ -Nod\ Address: (t4-5- JGVOreS6tek City: AVr Zip: Z;15,5 Telephone Number:11J7 p -3 Email Address: C_..In.061. Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. /(' What is your position on the item? F Against