07/30/2018Monday, July 30, 2018
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
Council Work Session
Work Session Agenda
July 30, 2018Council Work Session Work Session Agenda
1. Call to Order
2. Presentations
Police Oaths2.1
July Service Awards2.2
3. City Manager
Approve a five-year lease for One Clearwater Tower - Bank of America
Building and authorize the appropriate officials to execute same.
3.1
4. Economic Development and Housing
Approve the City of Clearwater’s Fiscal Year 2018/2019 Annual Action
Plan, which is the 3rd Action Plan of the Fiscal Year 2016/2017 - Fiscal
Year 2019/2020 Four-Year Consolidated Plan, to implement the goals and
objectives set forth in the Consolidated Plan and authorize the City to enter
into agreements with HUD and organizations approved for funding.
4.1
5. Gas System
Approve an increase to Contract 900078 with JW Harris Contractors, Inc.,
of Zephyr Hills, FL, in the amount of $2,000,000, for the installation of
natural gas mains and service lines and authorize the appropriate officials
to execute same. (consent)
5.1
Approve the Second Amendment to License Agreement between the City
of Clearwater and Pinellas County for period August 1, 2018 through July
31, 2023 and authorize the appropriate officials to execute same.
(consent)
5.2
Accept a Natural Gas Easement over, under, across and through a portion
of property conveyed by Dwayne Hawkins, whose principal address is
6001 34th St N, St Petersburg, FL, given in consideration of receipt of
$1.00 and the benefits to be derived therefrom. (consent)
5.3
6. Police Department
Approve acceptance of Department of Justice, Bureau of Justice
Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant
award in the amount of $46,977, for purchase of speed lasers and Stop
Sticks (tire-deflating devices) and authorize the appropriate officials to
execute same. (consent)
6.1
Page 2 City of Clearwater Printed on 7/30/2018
July 30, 2018Council Work Session Work Session Agenda
Authorize an increase in contract number 900098 to Enforcement One, Inc.
of Oldsmar, FL, by $80,000 in Fiscal Year 17/18 for Police Vehicle
Up-Fitting Services, to an amended annual total contract award of
$295,000, and authorize the appropriate officials to execute same.
(consent)
6.2
7. Planning
Provide Direction regarding the finalization of concept scenarios for the
Drew Street Complete Street Concept Design Project. (WSO)
7.1
Provide direction regarding amending City Council Policy 5-1, Application
Fee Waivers. (WSO)
7.2
8. Legal
Approve amendments to the charter providing for a mayor-council form of
government and eliminating the council -manager form; approve the ballot
question; authorize the City Clerk to arrange for a special city referendum
election in conjunction with the regular federal, state and county election on
November 6, 2018 and pass Ordinance 9179-18 on first reading.
8.1
Adopt Ordinance 9149-18 on second reading, amending the Community
Development Code by amending Article 2 and Article 3 relating to
downtown development standards and creating a new Appendix C.
8.2
Adopt Ordinance 9178-18 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
1000 Court Street, Clearwater, Florida 33756 from Commercial General
(CG) to Central Business District (CBD).
8.3
Adopt Ordinance 9169-18 on second reading, amending the Clearwater
Downtown Redevelopment Plan by repealing and replacing Chapter 4 of
the plan related to plan implementation, updating the list of Capital
Improvement Projects, work programs, incentives and TIF projections.
8.4
9. City Manager Verbal Reports
10. City Attorney Verbal Reports
11. Council Discussion Item
Provide direction on the creation of a Residential Parking Permit Program
for residential areas of Clearwater Beach.
11.1
Page 3 City of Clearwater Printed on 7/30/2018
July 30, 2018Council Work Session Work Session Agenda
12. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
13. Closing Comments by Mayor
14. Adjourn
Page 4 City of Clearwater Printed on 7/30/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4781
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Police Oaths
SUMMARY:
Michael Buis
Brittany Camera
Jared Karpiscak
Paul Gonzales
Michael Omer
Nicolas Paloma
Mikul Robinson
Scott Yeates
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 7/30/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4902
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: Council Work Session
Agenda Number: 2.2
SUBJECT/RECOMMENDATION:
July Service Awards
SUMMARY:
5 Years of Service
Audra Aja Economic Development & Housing
15 Years of Service
Gabriel Parra Economic Development & Housing
Page 1 City of Clearwater Printed on 7/30/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4859
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: City Manager's Office
Agenda Number: 3.1
SUBJECT/RECOMMENDATION:
Approve a five-year lease for One Clearwater Tower - Bank of America Building and authorize
the appropriate officials to execute same.
SUMMARY:
This property is located at 600 Cleveland Street on the 6th floor. It will serve as administrative
offices for department currently housed in City Hall. The lease is for five years with an option
for an additional five years. Funding for this lease is available in the budget currently allocated
to the maintenance and operation of the current city hall facility. Adjustments needed to
reallocate funding will be fiscal year 2018/2019 budget amendments at 1st quarter.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 7/30/2018
Highlight of Lease Terms
Location: Entire 6th Floor of One Clearwater Tower
Size: 13,024 SF
Rent: $18.50/PSFPY which escalates by 3% annually.
Security: There is a locked door between the elevators and the work space which can be opened by an
ID card or at the reception desk, which effectively controls access to the work area.
Parking: The rate does not include parking and none will be provided by the landlord. The landlord
could provide parking as part of this lease, however, staff is recommending that parking available at
Garden Avenue Parking Garage and Station Square be used instead.
Build Out Allowance: The landlord will do $97,680 worth of improvements to the space. Unused funds
are reimbursed to the City of Clearwater. The City is currently working on adjustments to the floorplan,
however staff is confident the allowance should cover most, if not all, of the improvements we need
completed. Should we need additional funds, we anticipate using some capital funds that have been
put away in anticipation of City Hall renovations.
Renewal: The City has the ability to renew the lease for an additional five years at a rate calculated
without the tenant build out amount. (If renewed the cost would reduce from $20.82 PSFPY in year 5 to
$19.90 PSFPY in year 6). Should this be needed, the City has a 270 day prior notice requirement.
Building Services: The lease is includes all costs for janitorial services, maintenance of the elevators,
restrooms and drinking fountains, common areas, and supply of water, sewer, and electric. The City will
need to work with a third party for Phone/Internet, however that has been calculated in our cost
comparison.
FF&E: The lease includes use of the furniture in the space. The City will transfer any of the equipment it
needs from City Hall.
Summary
There are three areas of note when reviewing the cost savings. Staff has separated those because each
have very different effects from a budget perspective.
Operating Items
The impact to the operating items shown on the attached spread sheet are minimal ($15,319 Annual,
$76,595 for the life of the initial lease term). That said, moving is shown to be a positive from an
operating perspective, with the potential for additional savings as costs are refined and efficiencies are
achieved.
Capital Items
The impact to capital items is significant ($185,000), however the bulk of theflooring expenditures
would not be considered by staff to be safety issues. That said, the city has not been focused on putting
away for major repair and replacement items in city hall, which creates the potential for additional
expenditure if a major issue is identified. Finally, in January of 2017, staff looked at the cost of upgrades
to the building if we were to stay for a longer period. That project was estimated at around $2.1 million.
Other Items
The impact to other dollar-based items relates to the ongoing capital set aside. As identified above, that
number has been significantly reduced over the last several years. Staff would recommend continuing
to fund this item at its current level so that a base for repair and replacement exists for after the new
city hall is completed, or if an additional build out is desired in the temporary space.
Intangibles
While these costs are important to consider when deciding whether to move City Hall, there are many
other, non-monetary items to consider also.
1. Council Meetings would not be held in the temporary space, but would instead be held at the
Main Library. Recent upgrades to the technology in the meeting room at that facility had made
it possible to stream meetings live in the space. While the first public meeting held in the space
had some acoustical challenges, staff believes that they have been addressed and we will
continue to improve the meeting experience in that space.
2. The City Hall site is a key part of Imagine Clearwater, but the availability of that site is effected
by a number of other decisions. City staff is currently working with Pinellas County to explore
the feasibility of a shared City/County facility, but some of the sites being discussed are also
effected by decisions related to the multi-modal facility PSTA has been working towards. PSTA’s
timeline for the facility is 2021, and both City and County funding for either joint or separate
facilities is not available until later in Penny IV. Vacating the City Hall site provides us the
flexibility to redevelop the site without being effected by these other decisions and we believe
its vacancy enhance its attractiveness to developers.
3. City Hall is an old building whose deterioration seems to be accelerating. The longer we stay in
the building, the more opportunity for negative financial impact we have due to that
deterioration. Additionally, staff views moving to the temporary building as an opportunity to
improve the work space for its employees, which we believe will have positive effects on
employee wellness and morale,
4. Finally, from a communications standpoint, staff believes that vacating and eventually
demolishing City Hall shows continued commitment towards the implementation of Imagine
Clearwater. We hope to demolish Harborview following the completion of the 15% concept
validation plan, which we believe will show positive movement, and similarly, vacating and
eventually demolishing City Hall will provide another sign of progress in a time where much of
the progress towards imagine is difficult to show.
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ONE CLEARWATER TOWER - BANK OF AMERICA BUILDING
STANDARD LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into as of this _____ day of August, 2018 by and
between 600 Cleveland, LLC a Florida limited liability Company, whose address is 331 Cleveland Street,
Apt. 2502, Clearwater, Florida 33755-4038, (hereinafter referred to as the "Landlord") and the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation, P.O. Box 4748, Clearwater, Florida 33758-4748
(hereinafter referred to as the "Tenant").
1. PREMISES
A. For the rents and upon the terms and conditions hereinafter set forth, Landlord hereby
leases to Tenant and Tenant hereby rents from Landlord, approximately 13,024 square feet
of rentable area, as defined herein, described and shown on Exhibit "A" attached hereto and
made a part hereof (hereinafter referred to as the “Premises” or "Demised Premises"),
known as Suite 600 in the One Clearwater Tower - Bank of America Building (hereinafter
referred to as the "Building"), located at 600 Cleveland Street, Clearwater, Pinellas County,
Florida 33755. For the purposes of this Lease, rentable area shall be the area actually
occupied and used exclusively by the Tenant. Tenant shall also have access to all Common
Areas (as hereinafter defined) of the Building. Tenant shall also have use of furnishings
included in Exhibit “H”. Common Areas shall consist of all areas and facilities within the
Building that are not designated by the Landlord for the exclusive use of Tenant, any other
lessee or other occupant of the Building, including but not limited to; entrances, exits,
sidewalks, loading areas, landscaped areas, open areas, service drives, walkways, atriums,
courtyards, ramps, hallways, stairs, washrooms that are open to the public generally,
lobbies, elevators, common trash areas, vending and mail areas, common pipes, conduits,
wires and appurtenant equipment, maintenance and utility rooms and closets, exterior
lighting, and exterior utility lines.
B. Other than certain standards and improvements expressly contemplated in Tenant Finish
and Allowance (Exhibit “B”, attached hereto and incorporated herein),Building Standard
Materials – Landlord’s Base Building Work (Exhibit “F”, attached hereto and incorporated
herein), and Included Furnishings (Exhibit “H”, attached hereto and incorporated herein),
Tenant has examined the Demised Premises and the same are known to Tenant to be in
good condition and repair, and other than as expressly provided for in Exhibits “B” and “F”,
Tenant hereby accepts it in its present condition.
2. TERM
A. The term of the Lease shall be for a period of five (5) years (“Initial Term”), commencing on
the first day of November 2018 (“Commencement Date”) and expiring at midnight on the
31st day of October 2023 (“Termination Date”) unless the Term shall be sooner terminated
as provided for herein.
Notwithstanding the above, if the Premises require improvements prior to occupancy
thereof, and the completion of said improvements is delayed beyond the aforesaid
Commencement Date of this Lease through no fault of Tenant, as outlined in Exhibits “B”
and “F”, as applicable, then the commencement and expiration dates of this Lease,
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OCT – City of CLW v.1
respectively, shall be deemed to have been extended and begin on the date the Premises
are, in fact, ready for occupancy by Tenant, and shall terminate the aforesaid number of
months thereafter. Should the Premises not be available for occupancy by Tenant by
January 1, 2019, Tenant may terminate this Lease, effective immediately, upon written
notice to Landlord. The January 1, 2019 deadline shall be extended by the number of
calendar days it takes to process any building permit necessary for the Tenant
Improvements (as defined herein) from proper submission to the appropriate regulatory
authority until approval or denial by such authority. Submission of building permit
application shall be in accordance with the Tenant Improvement plans/drawings, provided
for in Exhibit “B” as the requirements for Tenant Finish: Allowance. Should the
Commencement Date not occur on the first of the month, during the partial month
preceding the first full month of the lease Term, all provisions of the lease shall be in full
force and effect and the rent for such partial month shall be prorated based on the
applicable number of days in the partial month in question to the total days in the month,
multiplied times the monthly rate of rent payable during the first full month of the lease.
B. Tenant’s Option to Renew Lease. Landlord hereby covenants with the Tenant, that if
Tenant is not in default under the terms of this Lease beyond all applicable notice and cure
periods, has paid all sums required pursuant to the Lease and performs all material
provisions on the part of the Tenant to be paid, rendered, observed and performed as of
the date of Tenant's Notice to exercise its election to renew, the Landlord agrees to grant
Tenant ONE (1) Option to Renew this Lease for a period of FIVE (5) YEARS ("Renewal Term")
by providing Landlord two hundred seventy days (270) days written notice prior to the
expiration of this Lease Term. Notwithstanding the above, if Tenant elects not to exercise
its option to renew, failure to so notify Landlord shall be deemed a non-renewal of this
lease, and the option shall become null and void. For purposes of this Lease, “Term” means
the Initial Term and all renewal terms exercised.
3. TENANT USE AND MAINTENANCE
Tenant covenants that the Premises will be continuously used and occupied during the full term
of this Lease for the purpose(s) of general office use and will not use and occupy the Premises for any
other purpose without the prior written consent of Landlord, not to be unreasonably withheld,
conditioned, or delayed.
Tenant shall keep the interior, non-structural portions of the Premises, the non-structural
elements of all doors and entrances, and included furnishings in good clean order, condition and repair,
and shall deliver same to Landlord at the termination of this Lease in good order and condition, ordinary
wear and tear excepted.
4. RENT
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BASE RENT: In consideration for this Lease and subject to the adjustments hereinafter specified in this
Lease, as rent for the Premises, the Tenant hereby agrees to pay to the Landlord, without prior notice or
demand, the sums as more specifically set forth in ADDENDUM I, for the lease of approximately 13,024
square feet of rentable area, as defined herein, described and shown on Exhibit "A" as the Premises
commencing on the 1st day of November 2018, due and payable on the 1st day of each and every
successive calendar month thereafter during the Term of the Lease. Rent due in accordance with
Addendum I shall be deemed to be all inclusive, meaning said amounts include additional payments
which may otherwise be categorized as Common Area Maintenance charges and Additional Rents other
than interest accrued on late payments or penalties as provided for herein. All rental installments to be
paid by Tenant as herein provided shall be paid to Landlord at its place of business as specified in
Paragraph 42 herein until notice to the contrary is given by Landlord. If the beginning date of this Lease
commences on any day of the month other than on the first (1st) day, the monthly Base Rent for the
unexpired portion of said month shall be prorated and paid on a per diem basis, and the Landlord shall
credit the difference, if any, toward the payment of the rent for the next calendar month.
If Tenant shall fail to pay the Rent when due, or any other payments which may become due as
provided for herein, such payments shall be due and payable in accordance with the Florida Local
Government Prompt Payment Act, Florida Statute Chapter 218, ss. 218.70 - 218.80 (2017) Interest rates
as provided for therein shall constitute the “Default Rate”.
5. BUILDING SERVICES
Landlord shall provide and pay for all charges associated with such provision in the Building:
(A) Restroom and drinking facilities on each floor of the Building;
(B) Water, sewer, electricity, gas, and other utilities supplied to the Premises. Heating and
air-conditioning shall be provided in season, Monday through Friday during the hours of 7:00 a.m. to
6:00 p.m. (exclusive of legal holidays), and at such temperatures and in such amounts as are
commercially reasonable and customary for other Class A office buildings in downtown Clearwater,
Florida; above standard or after hours services shall be furnished at $35.00 per hour, only if so
requested by Tenant and approved by Landlord, and Tenant shall bear the entire cost of such above
standard service. Said rate shall be adjusted annually by Landlord, based upon the Progress Energy
power rate to the building;
(C) Elevator service;
(D) Janitorial service after standard business hours five (5) days a week (except legal
holidays). Landlord shall use reasonable efforts when selecting vendors to provide janitorial services in
an effort to secure vendors with honest and efficient employees. Tenant agrees to report promptly to
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OCT – City of CLW v.1
Landlord any neglect of duty or any incivility on the part of such vendors which in any way interferes
with the full enjoyment of the Premises by the Tenant.;
(E) Electrical current for ordinary purposes connected with the aforesaid use of the
Premises.
(F) Electrical lighting service for the Premises, as well as all public areas and special service
areas of Building in the manner and to the extent commercially reasonable and customary for other
Class A office buildings in downtown Clearwater, Florida.
(G) At Landlord’s expense, Landlord shall maintain, repair and replace as necessary, all
portions of the Premises that are not tenant’s responsibility under paragraph 3, including but not
limited to, the roof, foundations, floor slabs, columns, exterior walls, imbedded utility lines, gutters,
downspouts and subfloors, HVAC, parking lot, driveways, sidewalks, landscaping, and all other exterior
and structural elements, so as to keep the same in good order and repair throughout the Term of the
Lease, ordinary wear and tear excepted.
(H) Landlord shall, at its own expense, keep the Demised Premises free from infestation by
termites, rodents, and other pests and shall repair all damage caused to the Demised Premises by the
same during the Term.
In the event any utility is disrupted through no fault of Tenant, to such an extent that Tenant
cannot, in its reasonable discretion, operate for a period of more than forty-eight (48) hours, the Rent
payable under this Lease shall abate during the remaining disruption. However, Tenant agrees that
failure by Landlord to any extent to furnish, or any stoppage of, these defined services, resulting from
causes beyond the control of Landlord or from any other cause (including without limitation, the
unavailability of fuel or energy or any applicable laws, rules or regulations relating thereto), shall not:
render Landlord liable in any respect for damages to either person or property; be construed as an
eviction of Tenant; cause an abatement of rent; or relieve Tenant from fulfillment of any covenant or
agreement hereof. Should any Building equipment or machinery breakdown or, for any cause, cease to
function properly, Landlord shall use reasonable diligence to repair the same promptly, but Tenant shall
have no claim for rebate of rent or damages on account of interruptions in service occasioned thereby
or resulting therefrom other than as provided for above; and Landlord shall incur no liability whatsoever
for any loss, damage or interruption of services caused by a strike or labor stoppage (whether such shall
involve employees of Landlord or others), interruptions of transportation, unavailability of materials,
parts, machinery or supplies, acts of God, or other causes beyond Landlord's control.
6. PEACEFUL ENJOYMENT
Tenant shall, and may peacefully, have, hold and enjoy the Premises subject to the other terms
hereof, and provided Tenant pays the rentals herein recited and Tenant also hereby covenants and
agrees to comply with all the rules and regulations of the Board of Fire Underwriters, Officers or Boards
of the City, County and State having jurisdiction over the Premises, and with all ordinances and
regulations of governmental authorities wherein the Premises are located, at Tenant's sole cost and
expense, but only insofar as any of such rules, ordinances and regulations pertain to the manner in
which the Tenant shall use the Premises; the obligation to comply in every other case and also all cases
where such rules, regulations and ordinances require repairs, alterations, changes or additions to the
Building (including the Premises, but not caused by Tenant's use thereof) or Building equipment, or any
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OCT – City of CLW v.1
part of either, being hereby expressly assumed by Landlord, and Landlord covenants and agrees to
comply with all such rules, regulations and ordinances with which Tenant has not herein expressly
agreed to comply.
7. PAYMENTS; SURVIVAL
Notwithstanding any other provision or term hereunder, all payments due hereunder shall be
made in accordance with the Florida Local Government Prompt Payment Act, Florida Statutes, Chapter
218, ss. 218.70 - 218.80 (2017). Tenant will pay all rents and sums provided to be paid Landlord
hereunder at the time and in the manner herein provided. Time is of the essence as regards to all rents
and other sums provided herein to be paid to Landlord by Tenant. Any and all monetary obligations of
Tenant under the terms hereof shall be deemed to be rent, and to the extent accrued shall survive
expiration or termination of the term hereof.
8. REPAIRS AND REENTRY
Tenant will, at Tenant's own cost and expense, repair or replace any damage or injury done to
the Building, the Premises, or any part thereof, caused by Tenant or Tenant's agents, employees,
invitees, or visitors. If Tenant fails to make such repairs or replacements promptly, not to exceed thirty
(30) days from the date of occurrence, Landlord may, at its option, make such repairs or replacements,
and Tenant shall repay the cost thereof to Landlord on demand. Tenant will not commit or allow any
waste or damage to be committed on any portion of the Premises or the Building and shall at the
termination of the Lease, by lapse of time or otherwise, deliver the Premises to Landlord broom clean
and in as good condition as existed at the date of possession of Tenant, ordinary wear and tear
excepted, and upon such termination of this Lease, Landlord shall have the right to reenter and resume
possession of the Premises.
9. ALTERATIONS AND IMPROVEMENTS
Other than Tenant Finish as described in Exhibit “B”, and Landlord’s Base Building Work as
described in Exhibit “F”, Tenant shall not otherwise make or allow to be made any alterations or
physical additions in or to the Premises without first obtaining the written consent of Landlord. Any
alterations, physical additions or improvements to the Premises made by Tenant shall at once become
the property of the Landlord and shall be surrendered to Landlord upon the termination of this Lease.
Landlord, at its option, may require Tenant to remove any physical additions that were not approved by
Landlord and repair any alterations in order to restore the Premises to the condition existing prior to the
time Tenant took possession, all costs of removal and alterations to be borne by Tenant. This clause
shall not apply to movable equipment or furniture owned by Tenant which may be removed by Tenant
at the end of the term of this Lease if Tenant is not then in default and if such equipment and furniture
is not then subject to any other rights, liens and interests of Landlord; however, Tenant shall be
responsible for any damage caused to the Premises resulting from the removal of any physical additions.
10. ASSIGNMENT OR SUBLEASE
Landlord shall have the right to transfer and assign, in whole or part, its rights and obligations in
the Building and property that are the subject of this Lease. Tenant shall not assign this Lease or sublet
all or any part of the Premises without the prior written consent of the Landlord, which shall not be
unreasonably withheld, conditioned, or delayed. Landlord shall have the option, upon receipt from
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OCT – City of CLW v.1
Tenant of written request for Landlord's consent to subletting or assignment, to cancel this Lease as of
the date the requested subletting or assignment is to be effective, and the Tenant shall have no further
obligation under this Lease. The option shall be exercised, if at all, within fifteen (15) days following
Landlord's receipt of written notice of Tenant’s intent to assign, by delivery to Tenant of written notice
of Landlord's intention to allow exercise of the option. In the event of any assignment or subletting,
Tenant shall nevertheless at all times, remain fully responsible and liable for the payment of the rent
and for compliance with all of its other obligations under the terms, provisions and covenants of this
Lease. Upon the occurrence of an "Event Of Default" (as defined below), if all or any part of the
Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease
or provided by law, may, at its option, collect directly from the assignee or subtenant all rents becoming
due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all
properties on the Premises to secure payment of such sums, which shall be applied and offset against
any and all amounts due and owing by Tenant. Any collection directly by Landlord from the assignee or
subtenant shall not be construed to constitute a novation or a release of Tenant from the further
performance of its obligations under this Lease. In the event that Tenant shall sublease the Premises for
a rental in excess of the Base Rent due hereunder from Tenant to Landlord, then, notwithstanding any
other provision contained in this Lease to the contrary, the Base Rent provided for in Paragraph 4 of this
Lease shall automatically be increased during the term of such sublease to a sum equal to the amount of
rent payable under such sublease. In the event that Tenant shall receive any valuable consideration for
an assignment or sublet of the Tenant's interest in this Lease, then, notwithstanding any other provision
contained in this Lease to the contrary, Tenant shall pay to Landlord as additional rent hereunder the
amount of consideration thereby received.
11. LEGAL USE AND VIOLATIONS OF INSURANCE COVERAGE
Tenant will not occupy or use, or permit any portion of the Premises to be occupied or used, or
do or permit to be done anything in or about the Building, for any business or purpose which is unlawful
or immoral, in part or in whole, or deemed to be hazardous in any manner, or which will be disreputable
or harmful to the character or reputation of the Building or which will be bothersome to other tenants
of the Building or visitors to the Building, or which will be a nuisance. Tenant will not do anything or
permit anything to be done in or about the Premises or Building which will in any way increase the rate
of insurance on the Building and/or its contents; and in the event that, by reason of acts or omission of
Tenant there shall be an increase in rate of any insurance on the Building or its contents, then Tenant
hereby agrees to pay such increase in full and to remedy such condition upon five (5) days written
demand by Landlord.
12. INDEMNITY LIABILITY
Except as hereinafter provided in this paragraph 12, and more specifically, subject to the
sovereign immunity protections afforded Tenant by law including but not limited to the limitations of
Florida Statute 768.28, and subject to the waivers in Paragraph 27, Tenant hereby agrees to indemnify
and hold harmless Landlord of and from any and all fines, suits, claims, demands and actions of any kind
(including expenses and attorney's fees) by reason of any breach, violation, or nonperformance of any
condition hereof, including failure to abide by the Rules of the Building or any act or omission on the
part of the Tenant, its agents, invitees, or employees. Tenant is familiar with the Premises and, subject
to Landlord performing its construction and maintenance obligations as set forth in this Lease,
acknowledges that they are received by Tenant in good state of repair and accepted by Tenant in the
condition in which they are now or shall be when ready for occupancy and that Landlord has not made
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any representations as to the Premises except as set forth herein. Landlord and Tenant agree that
nothing contained herein, including the foregoing, shall be construed or interpreted as (i) denying to
either party any remedy or defense available to such party under the laws of the State of Florida; (ii) the
consent of Tenant or its agents and agencies to be sued; or (iii) a waiver of either Tenant’s sovereign
immunity beyond the limited waiver provided in section 768.28, Florida Statutes (2017).
13. RULES OF BUILDING
Tenant and Tenant's agents, employees, invitees and visitors shall comply fully with all
requirements of the Rules of the Building, which may be made by Landlord as provided below. A copy of
such rules shall be furnished to Tenant and such rules may be changed or amended by Landlord from
time to time without either prior notification to Tenant or Tenant's consent, however, such Rules shall
not unreasonably interfere with Tenant’s peaceful enjoyment or intended use of the Demised Premises.
The present version of said rules are printed on a separate schedule, which is attached to this Lease as
Exhibit "C" attached hereto and incorporated herein. Rules of the Building may only be substantially
changed upon an Event of Default and only to the extent necessary to avoid a recurrence of such default
for the remainder of the Lease Term.
14. ENTRY FOR REPAIRS AND INSPECTION
Tenant will permit Landlord or its officers, agents or representatives the right to enter into and
upon any and all parts of the Premises, upon reasonable advance notice to Tenant, and at all reasonable
hours to inspect same or clean or make repairs or alterations or additions as Landlord may deem
necessary or desirable, and Tenant shall not be entitled to any abatement or reduction of rent by reason
thereof; provided, however, that nothing herein requires Landlord make any such repairs or alterations.
Landlord shall be entitled to enter upon the Premises at any time to make emergency repairs. Tenant
hereby waives any claims for damages for any injury of or interference with Tenant's business, any loss
of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of
the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the
doors in, upon and about the Premises, excluding Tenant's vaults and safes, if any, and Landlord shall
have the right to use any and all means which Landlord may deem proper to open said doors in an
emergency in order to obtain entry to the Premises, and any entry to the Property obtained by Landlord
by any of said means shall not under any circumstances be construed or deemed to be a forcible or
unlawful entry into, or a detainer of, the Property, or an eviction of Tenant from the Premises or any
portion thereof. Landlord’s entry shall not unreasonably interfere with Tenant’s occupancy or use of the
Premises. Landlord’s right of entry under this provision does not entitle Landlord to access any of
Tenant’s files or records, including all electronic files or records.
15. USE OF BUILDING NAME
Tenant shall not, except to designate Tenant's business address (and then only in a conventional
manner and without emphasis or display) use the name of the Building or any simulation or abbreviation
of such name for any purpose whatsoever. Landlord reserves the right to change the name of the
Building at any time. Tenant will discontinue using such name and any simulation or abbreviation
thereof for the purpose of designating Tenant's business address within thirty (30) days after Landlord
shall notify Tenant that the Building is no longer known by such name.
16. GRAPHICS
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Landlord shall provide and install, at Tenant’s cost, all initial signs, letters and numerals on entry
doors to the Premises. All such signs, letters and numerals shall be in the standard graphics for the
Building and reasonably acceptable to Landlord as more particularly described in Exhibit “D”, Sign
Criteria, attached hereto and incorporated herein, and no others shall be used or permitted on the
Premises without Landlord's prior written consent, which may be withheld in Landlord's sole discretion.
Pylon signage shall be at Tenant’s expense and only with the prior written consent of the Landlord. All
pylon signage shall be removed by Tenant at lease expiration.
17. SUITE ACCESS
Landlord will provide tenants with 24 hour, 7 days a week access to the premises. Landlord
agrees to provide tenant with initial supply of suite keys at no charge. Initial supply shall consist of 2
keys per door lock, however, Tenant shall be permitted to make copies of said keys as necessary to
supply to its employees to assure access to the Premises. Any additional keys above the initial supply
shall be at the tenant’s expense.
18. DEFACING PREMISES AND OVERLOADING
Tenant shall not place anything or allow anything to be placed on or near any door, partition,
wall or window which may be unsightly from outside the Premises, and Tenant shall not place or permit
to be placed any article of any kind on any window ledge or on the exterior walls or windows, blinds,
shades, awnings or other forms of inside or outside window coverings. No inside or outside window
coverings or window ventilators, or similar devices, shall be placed in or about the outside windows in
the Premises except to the extent, if any, that the character, shape, color, material and make thereof is
first approved by the Landlord, and Tenant shall not do any painting or decorating in the Premises or
make, paint, cut or drill into, or in any way deface any part of the Premises or Building without the prior
written consent of the Landlord, which may be withheld in Landlord's sole discretion. Tenant shall not
overload any floor or part thereof in the Premises, or any facility in the Building or any public corridors
or elevators therein, and shall not bring in or remove any large or heavy articles, without Landlord's
prior written consent, which may be withheld in Landlord's sole discretion. Landlord may direct and
control the locations of safes and all other heavy articles. Furniture and other large or heavy articles,
may be brought into the Building, removed therefrom or moved from place to place within the Building
only at times and in the manner designated in advance by Landlord. Tenant agrees not to place any load
on any portion of the Premises or other portions of the Building or its equipment that would exceed the
allowable load limits for the Building, as specified by Landlord.
19. LIABILITY INSURANCE
Tenant shall, at its sole cost and expense, obtain and maintain in full force and effect for the
mutual benefit of Landlord and Tenant, commercial general liability insurance in the minimum amount
of $2,000,000.00, per occurrence, against claims for bodily injury, death or property damage arising out
of the use and occupancy of the Premises. A certificate of such insurance or letter of self-insurance shall
be furnished to Landlord at the commencement of the Lease term. Tenant shall endeavor to provide at
each renewal a certificate of such policy or letter of self-insurance to Landlord at least thirty (30) days
prior to the expiration of the policy it renews. Each such policy of insurance shall contain an agreement
by the insurer that such policy shall not be canceled without thirty (30) days prior written notice to
Landlord. Such insurance may be in the form of general coverage, floater policy, self-insurance or
so-called blanket policy issued by insurers of recognized responsibility.
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Landlord shall, at its sole cost and expense, obtain and maintain in full force and effect for the mutual
benefit of Landlord and Tenant, commercial general liability insurance in the minimum amount of
$2,000,000.00, per occurrence, against claims for bodily injury, death or property damage arising out of
the use and occupancy of the Premises. A certificate of such insurance shall be furnished to Tenant at
the commencement of the Lease term. Landlord shall endeavor to provide at each renewal a certificate
of such policy to Tenant at least thirty (30) days prior to the expiration of the policy it renews. Each such
policy of insurance shall contain an agreement by the insurer that such policy shall not be canceled
without thirty (30) days prior written notice to Tenant. Such insurance may be in the form of general
coverage, floater policy, self-insurance or so-called blanket policy issued by insurers of recognized
responsibility.
20. CASUALTY INSURANCE
Landlord shall at all times during the term of this Lease, maintain a policy or policies of insurance
with the premiums paid in advance, issued by and binding upon some solvent insurance company,
insuring the Building against loss or damage by fire, explosion or other hazards and contingencies for the
full insurable value; provided, that Landlord shall not be obligated in any way or manner to insure any
personal property (including, but not limited to, any furniture, machinery, goods or supplies) of Tenant
or which Tenant may have upon or within the Premises or any fixtures installed by or paid for by Tenant
upon or within the Premises. Landlord shall endeavor to provide at each renewal a certificate of such
policy to Tenant at least thirty (30) days prior to the expiration of the policy it renews. Each such policy
of insurance shall contain an agreement by the insurer that such policy shall not be canceled without
thirty (30) days prior written notice to Tenant. Tenant shall, at all times during the term of this Lease, at
Tenant's expense, self-insure or maintain a policy or policies of insurance with the premiums paid in
advance, insuring Tenant's furniture, machinery, goods or supplies, furnishings, removable floor
coverings, trade equipment, signs and all other decorations placed by Tenant in or upon the Premises,
for the full insurable value thereof. Any additional improvements which Tenant may construct, or which
Landlord may construct for Tenant on the Premises, which shall become a non-removable part of the
Premises or other fixture which legally becomes a part of the Premises, not permitted to be removed by
the tenant, shall be insured by the Landlord.
21. WORKER’S COMPENSATION INSURANCE
Tenant and Landlord shall each maintain and keep in force all employees' workers’
compensation insurance as required under the laws of the State of Florida.
22. CONDEMNATION
If the Premises, or any part thereof, or any interest therein, be taken by virtue of (or sold under
threat of) eminent domain or for any public or quasi-public use or purpose, this Lease and the estate
hereby granted, at the option of the Landlord, shall terminate as of the date of such taking. If any part
of the Building other than the Premises be so taken, the Landlord shall have the right to terminate this
Lease at the date of such taking or within six (6) months thereafter by giving the Tenant thirty (30) days
prior written notice of the date of such termination. Any interest which Tenant may have or claim to
have in any award resulting from the condemnation proceeding shall be limited to removal expenses for
Tenant's furniture, movable fixtures, and other personal property, which shall not diminish Landlord's
award. Tenant specifically waives any other award resulting from the condemnation proceeding. If by
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any lawful authority through condemnation or under power of eminent domain: (a) the whole of the
Premises shall be taken; (b) less than the entire Premises shall be taken, but the remainder of the
Premises are not, in reasonable judgment, fit for the Tenant to carry on its business therein; (c) there is
substantial impairment of ingress or egress from or to the premises; or (d) all or any portion of the
Common Areas, if any, shall be taken resulting in a material interference with the operations of Tenant’s
business, then in any such event, Tenant may terminate the Lease, effective as of the date of such
taking, and the Rent and other sums paid or payable hereunder shall be prorated as of the date of such
termination.
23. LOSS OR DAMAGE
If the Premises, the Building or any systems or common areas serving the Premises are damaged
by fire or other casualty, the Landlord shall within forty-five (45) days of such casualty notify the Tenant
(“Landlord’s Notice”) whether Landlord elects to restore the damages, and if so, whether in the
reasonable determination of the Landlord the damage can be repaired within one hundred twenty (120)
days of such notice (“Restoration Period”). If Landlord elects not to repair the damage, then this Lease
will terminate effective as of the date of the casualty and the rent shall be prorated as of that date. If
Landlord elects to repair the damage and (i) the damage substantially interferes with Tenant’s ability, in
its reasonable judgment, to conduct its business therefrom, or (ii) if the repairs and restoration cannot
be completed within the restoration period as determined by Landlord, then Tenant may, at its option,
within thirty (30) days of the receipt of Landlord’s Notice, terminate this Lease effective as of the date of
the casualty and the rent shall be prorated as of that date. If Landlord has elected to make repairs and if
Tenant has not exercised its right to terminate as set forth above, the landlord shall within thirty (30
days from the date of the Landlord’s Notice, commence repairs and restoration and proceed with all due
diligence to restore the damaged areas to substantially the same condition in which they were in
immediately prior to the occurrence of casualty. For such time period as tenant cannot, in its
reasonable judgment, conduct its business from the Premises as a result of the condition of the
Premises, the common Areas or the Building, or caused by the interruption thereof because of
reconstruction activities, the Rent shall abate. To the extent and during the time that only a portion of
the Premises is tenantable and to the extent that Tenant is able in its reasonable judgment to conduct
its business therefrom, the Tenant shall receive a fair diminution of Rent. In the event the Landlord fails
to deliver to the Tenant a Landlord’s Notice within the required forty-five (45) day period, the Tenant
shall have the right to terminate this lease as of the date of the casualty. Landlord shall have no
obligation to restore fixtures, improvements, furniture, equipment or other property of the Tenant.
Landlord shall not be liable or responsible for any loss or damage to any property or person occasioned
by theft, fire, water, wind, vandalism, rain, snow, leakage of Building or sprinkler system, act of God,
public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of
governmental body or authority, unavailability of fuel or energy, or other matter beyond the control of
Landlord, or for any damage or inconvenience which may arise through repair or alteration of any part
of the Building, or failure to make such repairs, or from any cause whatever, unless caused solely by
Landlord's gross negligence; provided, however, that nothing in this paragraph shall diminish or reduce
Landlord’s maintenance and repair, restoration, and insurance obligations as specifically set forth in this
Lease.
24. ABANDONMENT
If the Premises are abandoned by Tenant, Landlord shall have the right, but not the obligation,
to relet the Premises for the remainder of the period covered hereby; and if the rent is not received
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through such reletting at least equal to the rent provided for hereunder, Tenant shall pay and satisfy any
deficiencies between the amount of the rent called for and that received through reletting, and all
expenses incurred by such other reletting, including, but not limited to the cost of realtor's fees,
renovating, and altering and decorating for a new occupant. Nothing herein shall be construed as in any
way denying Landlord the right, in case of abandonment of the Premises, or other breach of this Lease
by Tenant, to treat the same as an entire breach of this Lease and any and all damages occasioned
Landlord thereby, or pursue any other remedy provided by law or this Lease.
25. HOLDING OVER
In case of holding over by Tenant after expiration or termination of this Lease without Landlord's
prior written consent, Tenant will pay as rent for each month or part thereof, during such holdover
period, the higher of (i) the then prevailing market rate as determined by Landlord in its absolute
discretion, or (ii) twice the rent provided in Paragraphs 4(A)above. No holding over by Tenant after the
term of this Lease without the written consent of Landlord shall operate to extend the Lease. In
addition to the foregoing, Landlord, at Landlord's sole option, shall also have the right to serve written
notice upon Tenant that such hold over constitutes a renewal of this Lease for one (1) year. Tenant also
agrees to pay Landlord all damages sustained by Landlord resulting from retention of possession by
Tenant, including the loss of any proposed subsequent lessee for any portion of the Premises. The
provisions of this paragraph shall not constitute a waiver by Landlord of any right of reentry as herein
set forth, nor shall receipt of any rent or other act in apparent affirmance of the tenancy operate as a
waiver of the right to terminate this Lease for a breach of any of the terms, covenants, or obligations
herein on Tenant's part to be performed.
26. LOSS BY FIRE OR OTHER CAUSES
Tenant shall, in case of fire, or loss or damage to the Premises from other cause, give immediate
notice thereof to Landlord. If the Premises shall be damaged by fire or other casualty the damages shall
be repaired by and at the expense of Landlord and the rent, until such repairs shall be made, shall be
apportioned according to the part of the Premises which is usable by Tenant. Landlord agrees, at its
expense, to repair promptly any damage of the Premises except that Tenant agrees to repair and
replace its own furniture, furnishings, fixtures, personal property, and equipment, and except that, if
such damage is so extensive that the replacement of more than fifty percent (50%) of the Building be
required, then and in that event, at the option of Landlord and by giving written notice to Tenant within
forty-five (45) days after said occurrence or damage, this Lease will be canceled and of no force and
effect from and after the date of such notice. No penalty shall accrue for reasonable delay which may
arise by reason of adjustment of insurance on the part of Landlord, and for reasonable delay on account
of causes beyond Landlord's control (such as described in Paragraphs 5 and 20 hereof).
27. WAIVER OF SUBROGATION RIGHTS
Anything in this Lease to the contrary notwithstanding, Landlord and Tenant each hereby waives
any and all rights of recovery, claim, action or cause of action against the other, its agents, officers or
employees, for any loss or damage that may occur to the Premises, or any improvements thereto, or the
Building of which the Premises are a part, or any improvements thereto, or any personal property of
such party therein, by reason of fire, the elements, or any other cause(s) which are insured against
under insurance policies referred to in Paragraph 20 hereof, regardless of cause or origin, including
negligence of the other party hereto, its agents, officers, or employees. Landlord and Tenant will both
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exert their best efforts to cause all insurance policies to include an endorsement to effect the provisions
of this Paragraph.
28. ATTORNEY'S FEES
If suit is instituted between Landlord and Tenant with respect to this Lease or the Premises or
any matter arising out of or relating to this Lease, the prevailing party shall be entitled to
reimbursement from the non-prevailing party for all reasonable attorney’s fees and costs incurred at the
trial level and at all levels of appeal.
29. AMENDMENT OF LEASE
This agreement may not be altered, changed, or amended, except by an instrument in writing,
signed by all parties hereto.
30. TRANSFER OF LANDLORD'S RIGHTS AND LIMITATION OF LIABILITY
Landlord shall have the right to transfer and assign in whole or in part all and every feature of its
rights and obligations hereunder and in the Building and property referred to herein. Such transfers or
assignments may be made either to a corporation, partnership, trust, individual or group of individuals,
and, howsoever made, are to be in all things respected and recognized by Tenant. In the event of any
transfer of title to such fee, the Landlord herein shall be automatically freed and relieved from all
personal liability with respect to performance of any covenant or obligation on the part of Landlord,
provided any Security Deposits or advance rents held by Landlord are turned over to the grantee and
said grantee assumes, subject to the limitation of this Lease paragraph, all the terms, covenants and
conditions of this Lease to be performed on the part of Landlord, it being intended hereby that the
covenants and obligations contained in this Lease on the part of Landlord shall, subject as aforesaid, be
binding on Landlord, its successors and assigns, only during their respective successive periods of
ownership. Notwithstanding anything to the contrary contained in this Lease, it is agreed and
understood that Tenant shall look solely to the estate and property of the Landlord in the land and
Buildings comprising the Real Property of which the Premises is a part for the enforcement of any
judgment (or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of
any default or breach by Landlord in the performance of its obligations under this Lease, it being
intended hereby that no other assets of Landlord shall be subject to levy, execution, attachment or
other such legal process for the enforcement or satisfaction of the remedies pursued by Tenant in the
event of such default or breach.
31. DEFAULT BY TENANT
The following shall be deemed to be events of default under this Lease:
(A) Tenant shall fail to pay when due any installment of rent or any other payment required
pursuant to this Lease.
(B) Tenant shall access premises illegally.
(C) Tenant shall vacate or abandon any substantial portion of the Premises.
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(D) Tenant shall fail to comply with any term, provision or covenant of this Lease, other than
the payment of rent, or other sum required hereunder and the failure is not cured within thirty (30) days
after written notice to Tenant.
(E) Tenant shall file a petition or be adjudged bankrupt or insolvent under the Bankruptcy
Reform Act of 1978, as amended, or any similar law or statute of the United States or any state; or a
receiver or trustee shall be appointed for all or substantially all of the assets of Tenant; or Tenant shall
make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; or the
attachment, execution or other judicial seizure of all or a substantial portion of Tenant's assets located
at the Premises or of Tenant's interest in this Lease; or the entry of a judgment against Tenant which
affects Tenant's ability to conduct its business in the ordinary course; provided, however, to the extent
that any provision of this Subparagraph 31(E) is contrary to any applicable law, such provision shall be of
no force or effect to such extent only.
(F) Tenant shall do or permit to be done any act which results in a lien being filed against
the Premises which it does not discharge within thirty (30) days.
(G) The discovery by Landlord that any financial statement, warranty, representation or other
information given to Landlord by Tenant, any assignee of Tenant, any subtenant of Tenant, any
successor in interest of Tenant or any guarantor of Tenant's obligation hereunder, in connection with
this Lease, was materially false or misleading when made or furnished.
32. REMEDIES FOR TENANT'S DEFAULT
All rights and remedies of the Landlord herein enumerated in the event of default shall be
cumulative and nothing herein shall exclude any other right or remedy allowed by law. In the event of
any default or breach hereof by Tenant, Landlord may (but shall not be obligated) at any time
thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right
or remedy which Landlord may have by reason of such default or breach:
(A) Intentionally deleted.
(B) Terminate Tenant's right to possession of the Premises by any lawful means, in which
case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to
Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by
Landlord by reason of Tenant's default, including accrued rent, the cost of recovering possession of the
Premises, expenses of reletting, including necessary renovation and alteration of the Premises,
reasonable attorney's fees and any real estate commission actually paid;
(C) Reenter and take possession of the Premises and relet or attempt to relet same for
Tenant's account, holding Tenant liable in damages for all expenses incurred by Landlord in any such
reletting and for any difference between the amount of rents received from such reletting and those
due and payable under the terms hereof. In the event Landlord relets the Premises, Landlord shall have
the right to lease the Premises or portions thereof for such periods of time and such rentals and for such
use and upon such covenants and conditions as Landlord, in its sole discretion, may elect, and Landlord
may make such repairs and improvements to the Premises as Landlord may deem necessary. Landlord
shall be entitled to bring such actions or proceedings for the recovery of any deficits due to Landlord as
it may deem advisable, without being obliged to wait until the end of the term, and commencement or
maintenance of any one or more actions shall not bar Landlord from bringing other or subsequent
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actions for further accruals, nor shall anything done by Landlord pursuant to this Subparagraph 32(B)
limit or prohibit Landlord's right at any time to pursue other remedies of Landlord hereunder;
(D) Declare all rents and charges due hereunder immediately due and payable, and thereupon all
such rents and fixed charges to the end of the term shall thereupon be accelerated, and Landlord may,
at once, take action to collect the same by distress or otherwise. In the event of acceleration of rents
and other charges due hereunder which cannot be exactly determined as of the date of acceleration
and/or judgment, the amount of said rent and charges shall be calculated in accordance with the
provisions of this Lease;
(E) Perform any of Tenant's obligations on behalf of Tenant in such manner as Landlord
shall deem reasonable, including payment of any moneys necessary to perform such obligation or obtain
legal advice, and all expenses incurred by Landlord in connection with the foregoing, as well as any other
amounts necessary to compensate Landlord for all detriment caused by Tenant's failure to perform
which in the ordinary course would be likely to result therefrom, shall be immediately due and payable
from Tenant to Landlord, with interest at the Default Rate; such performance by Landlord shall not cure
the default of Tenant hereunder and Landlord may proceed to pursue any or all remedies available to
Landlord on account of Tenant's default; if necessary Landlord may enter upon the Property after ten
(10) days' prior written notice to Tenant (except in the case of emergency, in which case no notice shall
be required), perform any of Tenant's obligations of which Tenant is in default; and/or
(F) Pursue any other remedy now or hereafter available to Landlord under state or federal
laws or judicial decisions.
(G) Unpaid installments of rent and other unpaid monetary obligations of Tenant under the
terms hereof shall bear interest from the date due in accordance with the Florida Local Government
Prompt Payment Act Florida Statutes, Chapter 218, ss. 218.70 - 218.80 (2017).
(H) In the event that litigation is necessary to enforce the provisions of this Lease, both
Landlord and Tenant hereby waive their respective rights to a jury trial.
33. WAIVER OF DEFAULT OR REMEDY
Failure of Landlord to declare an Event of Default immediately upon its occurrence, or delay in
taking any action in connection with an Event Of Default, shall not constitute a waiver of the default, but
Landlord shall have the right to declare the default at any time and take such action as is lawful or
authorized under this Lease. Pursuit of any one or more of the remedies set forth in Paragraph 32
above shall not preclude pursuit of any one or more of the other remedies provided elsewhere in this
Lease by reason of the violation of any of the terms, provisions or covenants of this Lease. Failure by
Landlord to enforce one or more of the remedies provided upon an Event of Default shall not be
deemed or construed to constitute a waiver of the default or of any violation or breach of any of the
terms, provisions and covenants contained in this Lease.
34. DEFAULT BY LANDLORD
Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord
within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to
Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name
and address shall have theretofore been furnished to Tenant in writing, specifying the obligation that
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Landlord has failed to perform; provided, however, that if the nature of Landlord's obligation is such
that more than thirty (30) days are required for performance, then Landlord shall not be in default if
Landlord commences performance within such thirty (30) day period and thereafter diligently
prosecutes the same to completion. Notwithstanding any other provision hereof, Landlord shall not be
in default hereunder for failure to perform any act required of Landlord where such failure is due to
inability to perform on account of strike, laws, regulations or requirements of any governmental
authority, or any other cause whatsoever beyond Landlord's control, nor shall Tenant's rent be abated
by reason of such inability to perform. In the event a default by Landlord results in Tenant, in its
reasonable discretion, not being able to operate for a period of more than forty-eight (48) hours, the
Rent payable under this Lease shall abate until the default has been resolved to the extent the Tenant
can resume operations.
35. RIGHTS OF MORTGAGEE
Tenant accepts this Lease subject and subordinate to any recorded mortgage, deed of trust,
ground lease or other lien presently existing or which may hereafter exist upon the Premises. Landlord
is hereby irrevocably vested with full power and authority to subordinate Tenant's interest under this
Lease to any mortgage, deed or trust, ground lease or other lien hereafter placed on the Premises, and
Tenant agrees upon demand to execute additional instruments subordinating this Lease as Landlord
may require. Tenant's failure to execute such documents within ten (10) days, or as many days
reasonably necessary fif City Council action is required (with the intent that such request will be placed
on the next available City Council meeting agenda in accordance with the Tenant’s process), after
written demand shall constitute material default by Tenant hereunder, If the interest of Landlord under
this Lease shall be transferred by reason of foreclosure or other proceedings for enforcement of any
mortgage on the Premises, Tenant shall be bound to the transferee (sometimes called the "Purchaser")
under the terms, covenants and conditions of this Lease for the balance of the term remaining, and any
extensions or renewals, with the same force and effect as if the Purchaser were Landlord under this
Lease, and Tenant agrees to attorn to the Purchaser, including the mortgagee under any such mortgage
if it be the Purchaser, as its Landlord, the attornment to be effective and self-operative without the
execution of any further instruments upon the Purchaser succeeding to the interest of Landlord under
this Lease. The respective rights and obligations of Tenant and the Purchaser upon the attornment, to
the extent of the then remaining balance of the term of this Lease, and any extensions and renewals,
shall be and are the same as those set forth in this Lease.
36. ESTOPPEL CERTIFICATES
Tenant agrees to furnish at any time, and from time to time, within seven (7) days after request
of Landlord or Landlord's mortgagee, a statement certifying, if true, that: Tenant is in possession of the
Premises; the Premises are acceptable; the Lease is in full force and effect; the Lease is unmodified;
Tenant claims no present charge, lien or claim of offset against rent; the rent is paid for the current
month, but is not paid and will not be paid for more than one (1) month in advance; there is no existing
default by reason of some act or omission by Landlord; and such other matters as may be reasonably
required by Landlord or Landlord's mortgagee.
37. SUCCESSORS
This Lease shall be binding upon and inure to the benefit of Landlord and Tenant and their
respective heirs, personal representatives, and to the extent permitted hereunder, successors and
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assigns. It is hereby covenanted and agreed that should Landlord's interest in the Premises cease to
exist for any reason during the term of this Lease, then notwithstanding the happening of such event
this Lease nevertheless shall remain unimpaired and in full force and effect and Tenant hereunder
agrees to attorn to the then owner of the Premises.
38. TAXES
Tenant shall pay and be liable for all rental, sales, indigent and use taxes or other similar taxes, if
any, levied or imposed by any city, state, county or other governmental body having authority, as may
be imposed as a direct consequence of this Lease, such payments to be in addition to all other payments
required to be paid to Landlord by Tenant under the terms of this Lease. Any such payment shall be
paid concurrently with the payment of the rent upon which the tax is based as set forth above. Tenant
expressly reserves all rights to exemptions or reduction of taxes as may be permitted by law.
Landlord shall pay all real property taxes, public charges and assessments assessed or imposed
upon the Premises, with such payments being made prior to such taxes becoming delinquent.
39. PARKING
Tenant shall provide its own parking.
40. SECURITY DEPOSIT
Intentionally deleted.
41. INTEREST AND ADMINISTRATIVE CHARGES
Monies owed by Tenant to the Landlord shall, after due date, bear interest at the Default Rate,
as defined above. Payment of such interest shall not excuse or cure any default by Tenant under this
Lease, provided, however, that interest shall not be payable on late charges incurred by Tenant.
Notwithstanding any other term or provision hereof, in no event shall the total of all amounts paid
hereunder by Tenant and deemed to be interest exceed the amount permitted by applicable usury laws,
and in the event of payment by Tenant of interest in excess of such permitted amount, the excess shall
be returned to Tenant. In addition, in the event any instrument for any money payment hereunder shall
be dishonored for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in
addition to any other remedy available hereunder, to make an administrative charge of One Hundred
Dollars and 00/100 ($100.00), if permitted by law.
42. NOTICES
Any rental payment, notice or document required or permitted to be delivered hereunder shall
be deemed to be delivered or given when (a) actually received or (b) signed for or "refused" as
indicated on the U.S. Postal Service Return Receipt. Delivery may be made by personal delivery or by
United States mail, postage prepaid, Certified or Registered Mail, addressed to the parties hereto at the
respective addresses set out opposite their names below, or at such other addresses as they may
hereafter specify by written notice delivered in accordance herewith:
LANDLORD: 600 Cleveland, LLC.
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c/o Jacob Real Estate Services, Inc.
607 West Bay Street
Tampa, Florida 33606-2703
With a Copy to: David E. Platte, Esq.
David E. Platte, P.A.
1465 Ft. Harrison Avenue, Suite 202
Clearwater, Florida 33576
Additional
Notice Copy to: Daniel Ikajevs
Managing Member
600 Cleveland, LLC
331 Cleveland Street, Apt. 2502
Clearwater, Florida 33756
TENANT: City Attorney
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
43. CHARGES FOR SERVICES
It is further understood and agreed that any expenses Landlord may incur for any materials,
supplies, services, or for work done on the Premises by order of the Tenant, shall be promptly paid by
Tenant to Landlord, and shall be included as additional rent due and unpaid, unless said materials,
suppliers, services or work to be done are the responsibility of the Landlord as provided for herein.
44. SCHEDULES
All schedules initialed by both parties hereto and attached to this Lease shall be a part hereof
whether or not said schedules are specifically referred to in the Lease. All schedules, exhibits and
addendum specifically set forth in the Lease are hereby incorporated and made a part of this Lease.
45. SEVERABILITY
In the event that any provision of this Lease is held invalid, the other provisions and portions
thereof shall remain in full force and effect.
46. GOVERNING LAWS
This Lease and all transactions governed by this Lease shall be governed by, construed and
enforced in accordance with the laws of the State of Florida without regard to principles of conflict of
laws. In the event of any legal or equitable action arising under this Lease, the parties agree that the
jurisdiction and venue of such action shall lie exclusively within the courts of record of the State of
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Florida located in Pinellas County, Florida, and the parties specifically waive any other jurisdiction and
venue.
47. CAPTIONS AND CONSTRUCTION OF LANGUAGE
Any conflict between the printed provisions hereof and the typewritten or handwritten
provisions shall be controlled by the typewritten or handwritten provisions. Headings used herein shall
not affect the interpretation hereof, being merely for convenience. The terms "Landlord" and "Tenant"
shall include the plural and the singular and all grammar shall be deemed to conform thereto. If more
than one person executes this Lease, their obligations shall be joint and several. The use of the words
"include," "includes" and "including" shall be without limitation to the items which may follow. The
terms "Lease", "Lease Agreement", or "Agreement" shall be inclusive of each other, and shall also
include renewals, extensions, or modifications of this Lease.
48. INCORPORATION OF PRIOR AGREEMENTS; AMENDMENTS
This Lease contains all agreements of the parties with respect to any matter mentioned herein.
No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may
be modified in writing only, signed by the parties in interest at the time of the modification. Except as
otherwise stated in this Lease, Tenant hereby acknowledges that neither Landlord nor any of its
employees or agents has made any oral or written warranties or representations to Tenant relative to
the condition or use by Tenant of the Premises, and Tenant acknowledges that Tenant assumes all
responsibility regarding the Occupational Safety Health Act, the Americans with Disabilities Act the legal
use and adaptability of the Premises, excluding Common Areas, and the compliance thereof with all
applicable laws and regulations in effect during the term hereof, except as otherwise specifically stated
in this Lease.
49. LANDLORD'S LIEN
Intentionally deleted.
50. NO LIENS
Anything to the contrary, herein notwithstanding, if Tenant makes any repairs or alterations to
the Premises, whether or not with Landlord's prior consent, Tenant will not allow any lien of any kind,
whether for labor, material, or otherwise to be imposed or remain against the Building or the Premises.
As provided in Florida Statutes 713.10, the interest of Landlord shall not be subject to liens for
improvements made by Tenant, and Tenant shall notify any contractor making such improvements of
this provision. An appropriate notice of this provision may be recorded by Landlord in the Public
Records of Pinellas County, Florida, in accordance with said statute, without Tenant's joinder or consent.
Notwithstanding the foregoing, if any lien is filed against the Premises or the Building for work claimed
to have been for, or materials furnished to Tenant, whether or not done pursuant to this Paragraph, the
same shall be discharged by Tenant within ten (10) days thereafter, at Tenant's expense, by transferring
the lien to security pursuant to the applicable provisions of the Florida Construction Lien Law.
51. SHOWING PREMISES
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Landlord shall have the right during normal business hours, and upon reasonable notice to
Tenant, to show the Premises to prospective tenants, lenders or purchasers of the Building or any part
thereof at any time, however, Landlord shall not unreasonably interfere with Tenant’s business
functions, use or occupancy. Landlord may at any time place on or about the Premises any ordinary
"For Sale" signs and Landlord may at any time during the last one hundred twenty (120) days of the term
hereof place on or about the Premises any ordinary "For Lease" signs, all without rebate of rent or
liability to Tenant.
52. LEASING BROKER
Tenant warrants that it has had no dealings with any broker or agent in connection with this
Lease other than Jacob Real Estate Services, Inc. who represents the Landlord, and covenants to pay,
hold harmless and indemnify Landlord from and against any and all costs, expenses or liability for any
compensation, commissions, and charges claimed by any other broker or agent (other than the broker
named above) with respect to this Lease or the negotiation thereof with whom Tenant had dealings. All
brokerage fees shall be paid by Landlord, per the terms and conditions of a separate written agreement.
The provisions of this Paragraph shall survive the termination of this Lease.
53. RECORDING
Neither this Lease, nor any short form hereof, shall be recorded. Tenant's recordation of this
Lease or any memorandum or short form of it will be void and a default under this Lease.
54. RELOCATION OF TENANT
Intentionally deleted.
55. COVENANTS AND CONDITIONS
Each provision hereof performable by Landlord and Tenant shall be deemed both a covenant
and a condition.
56. MERGER
The voluntary or other surrender hereof by Tenant, or a mutual cancellation thereof, or a
termination by Landlord, shall not work a merger, and shall, at the option of Landlord, terminate all or
any existing subtenancies or may, at the option of Landlord, operate as an assignment to Landlord of
any or all of such subtenancies.
57. GUARANTOR
Intentionally deleted.
58. AUTHORITY
If Tenant is a corporation, trust or general or limited partnership, each individual executing this
Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and
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deliver this Lease on behalf of said entity, and Tenant shall, within fifteen (15) days after execution
hereof, deliver to Landlord evidence of such authority satisfactory to Landlord.
59. AUCTIONS
Tenant shall not conduct, nor permit to be conducted, either voluntarily or involuntarily, any
auction upon the Premises without first having obtained Landlord's prior written consent.
60. RADON GAS DISCLOSURE
The following language is required by law in any contract involving the sale or lease of any
building within the State of Florida:
"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."
61. ENVIRONMENTAL COMPLIANCE
(A) Tenant shall not use, generate, manufacture, produce, store, release, discharge or dispose
of, on, under or about the Premises, or transport to or from the Premises, any Hazardous Substance (as
defined below), or allow any other person or entity to do so. Tenant shall keep and maintain the
Premises in compliance with, and shall not cause or permit the Premises to be in violation of, any
Environmental Laws (as defined below).
(B) Tenant shall give prompt notice to Landlord of (i) of any proceeding or inquiry by any
governmental authority (including without limitation the Florida Environmental Protection Agency or
Florida Department of Health and Rehabilitative Services with respect to the presence of any Hazardous
Substance on the Premises or the migration thereof from or to other property; (ii) all claims made or
threatened by any third party against Tenant, Landlord or the Premises relating to any loss or injury
resulting from any Hazardous Substance; and (iii) Tenant's discovery of any occurrence or condition on
any real property adjoining or in the vicinity of the Premises that could cause the Premises or any part
thereof to be subject to any restrictions on the ownership, occupancy, transferability or use of the
Premises under any Environmental Law or any regulation adopted in accordance therewith.
(C) Tenant shall protect, indemnify and hold harmless Landlord, its directors, officers,
employees, agents, successors and assigns from and against any and all loss, damage, cost, expense or
liability (including attorney's fees and costs) directly or indirectly arising out of or attributable to the use,
generation, manufacture, production, storage, release, threatened release, discharge, disposal,
transport or presence of a Hazardous Substance on, under, about, to or from the Premises, including
without limitation all foreseeable consequential damages and the costs of any necessary repair, cleanup
or detoxification of the Premises, in any way arising from the acts of Tenant.
(D) "Environmental Laws" shall mean any federal, state or local law, statute, ordinance or
regulation pertaining to health, industrial hygiene, or the environmental conditions on, under or about
the Premises, including without limitation the Comprehensive Environmental Response Compensation
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and Liability Act of 1980, as amended from time to time ("CERCLA"), 42 U.S.C. Sections 9601 et. seq.,
and the Resource Conservation and Recovery Act of 1976, as amended from time to time ("RCRA"), 42
U.S.C. Sections 6901 et. seq. The term "Hazardous Substance" shall include without limitation: (i) those
substances included within the definition of "hazardous substances," "hazardous materials," "toxic
substances," or "solid waste" in CERCLA, RCRA and the Hazardous Materials Transportation Act, 49 U.S.
C. Sections 1801 et. seq., and in the regulations promulgated pursuant to said laws; (ii) those
substances defined as "hazardous wastes" in any Florida Statute and in the regulations promulgated
pursuant to any Florida Statute; (iii) those substances listed in the United States Department of
Transportation Table (49 CFR 172.101 and amendment thereto) or by the Environmental Protection
Agency (or any successor agency) as hazardous substances (40 CFR Part 302 and amendments thereto);
(iv) such other substances, materials and wastes which are or become regulated under applicable local,
state or federal law, or which are classified as hazardous or toxic under federal, state or local laws or
regulations; and (v) any material, waste or substance which is (1) petroleum; (2) asbestos; (3)
polychlorinated biphenyls; (4) designated as a "hazardous substance" pursuant to Section 311 of the
Clean Water Act, 33 U.S.C. Sections 1251 et. seq., or listed pursuant to Section 307 of the Clean Water
Act; (5) flammable explosive; or (6) radioactive materials.
(E) Landlord shall have the right to inspect the Premises and audit Tenant's operations thereon
to ascertain Tenant's compliance with the provisions of this Lease at any reasonable time, and Tenant
shall provide periodic certifications to Landlord, upon request, that Tenant is in compliance with the
environmental restrictions contained herein. Landlord shall have the right, but not the obligation, to
enter upon the Premises and perform any obligation of Tenant hereunder of which Tenant is in default,
including without limitation any remediation necessary due to environmental impact of Tenant's
operations on the Premises, without waiving or reducing Tenant's liability for Tenant's default
hereunder.
(F) All of the terms and provisions of this Paragraph shall survive the expiration or termination
of this Lease for any reason whatsoever.
62. TERMINTATION FOR LACK OF FUNDING
Tenant’s performance and obligation to pay under this Lease is contingent upon an annual
appropriation by the Clearwater City Council. In the event the Clearwater City Council does not
appropriate funds in a sufficient amount for Tenant to perform its obligations hereunder,
Tenant may terminate this Lease upon written notice to Landlord. For purposes of this Section
only, any Tenant Allowance to be paid by Landlord on behalf of Tenant as described in
Addendum I, shall be amortized in a straight-line calculation over the initial term of the Lease. In
the event of a termination under this provision, Tenant shall pay to landlord an amount equal to
that portion of the unamortized Tenant Allowance corresponding to the remainder of the initial
Term of the Lease, effective on the date of such termination, with such amount calculated on a
monthly basis and rounded up to the nearest whole month. Notwithstanding anything
contained in this Section 62, in no event shall Tenant take any voluntary action which would
encourage or dictate to the Clearwater City Council that said Council not appropriate sufficient
funds for Tenant to perform its obligations under this Lease.
63. PUBLIC RECORDS
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This lease is subject to the Public Records Law of the State of Florida, including Chapter 119,
Florida Statutes. Landlord agrees and acknowledges that any books, documents, records,
correspondence or other information kept or obtained by Tenant, or furnished by Landlord to Tenant, in
connection with this lease or the services contemplated herein, and any related records, are public
records subject to inspection and copying by members of the public pursuant to applicable public
records law, including Chapter 119, Florida Statutes. Tenant may terminate this Lease at any time for
Landlord’s refusal to allow public access to all documents, papers, letters, materials subject to the
provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with
this Lease.
64. NO THIRD PARTY BENEFICIARIES
Nothing in this Lease, express or implied, is intended or shall be construed to confer upon any
person, firm or corporation other than the parties hereto and their respective successors and assigns,
any remedy or claim under or by reason of this Lease or any term, covenant or condition hereof, as third
party beneficiaries or otherwise, and all of the terms, covenants and conditions hereof shall be for the
sole and exclusive benefit of the parties hereto and their permitted successors and assigns.
65. COUNTERPARTS
This Lease may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
66. ATTACHMENTS TO THIS LEASE
Attached hereto, and made a part hereof as fully as if copied herein verbatim, and signed or
initialed by the Landlord and Tenant as approved are the following:
Title Page#
(A) Addendum I 18
(B) Exhibit "A" – Premises Floor Plan
(C) Exhibit "B" – Tenant Finish Allowance
(D) Exhibit "C" - Rules and Regulations
(E) Exhibit “D” – Sign Criteria
(F) Exhibit “E” - Intentionally Deleted
(G) Exhibit “F” – Building Standard Materials – Landlord’s Base Building Work
(H) Exhibit “G” – Intentionally Deleted
(I)) Exhibit “H” – Included Furnishings
SIGNATURE PAGE TO FOLLOW
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LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM
AND PROVISION CONTAINED HEREIN AND, BY EXECUTION OF THIS LEASE, SHOW THEIR INFORMED AND
VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS
EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT
AND PURPOSE OF LANDLORD AND TENANT WITH RESPECT TO THE PREMISES.
LANDLORD:
WITNESSES: 600 Cleveland, LLC., a Florida limited liability company
1. _________________________ ___________________________________________
Daniels Ikajevs, Managing Member
___________________________ Date: ____________________________
Printed Name
___________________________
___________________________
Printed Name
TENANT:
Countersigned: CITY OF CLEARWATER, FLORIDA
_______________________________ By__________________________________
George N. Cretekos, Mayor William Horne, City Manager
Approved as to form: Attest:
______________________________ _____________________________________
Laura Mahony, Assistant City Attorney Rosemarie Call, City Clerk
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ADDENDUM I
Attached to and made a part of the ONE CLEARWATER TOWER - BANK OF AMERICA BUILDING
STANDARD LEASE AGREEMENT, dated ________________, 2018 ("Lease"), between 600 Cleveland, LLC ,
as Landlord, and the City of Clearwater, a Florida Municipal Corporation, hereinafter referred to as the
Tenant.
Notwithstanding anything contained in the attached Lease to the contrary, it is further
understood and agreed as follows. If there exists any conflicting provisions, terms or conditions as
among the body of the Lease, the Addendum, and the Exhibits, the order of control shall be the
Addendum over the body of the Lease and the Exhibits, and the Exhibits over the body of the Lease.
1. Schedule of Base Rental: Tenant shall pay to the Landlord the sum of $1,278,956.88 plus
applicable sales tax for the Initial Term, and $ 1,375,985.60 for the Renewal Term, if Renewal
Option is exercised, payable as follows:
PER BEGIN MONTHS PSFPY Monthly Period
1 11/1/2018 12 $18.50 $20,078.67 $240,944.04
2 11/1/2019 12 $19.05 $20,675.60 $248,107.20
3 11/1/2020 12 $19.62 $21,294.24 $255,530.88
4 11/1/2021 12 $20.21 $21,934.59 $263,215.08
5 11/1/2022 12 $20.82 $22,596.64 $271,159.68
RENEWAL OPTION
6 11/1/2023 12 $19.90 $21,598.13 $259,177.60
7 11/1/2024 12 $20.50 $22,249.33 $266,992.00
8 11/1/2025 12 $21.11 $22,911.38 $274,936.64
9 11/1/2026 12 $21.74 $23,595.14 $283,141.76
10 11/1/2027 12 $22.40 $24,311.46 $291,737.60
2. Tenant shall remain liable for all terms and conditions of this Lease through the termination
date of the Lease.
3. RENTAL ABATEMENT: Intentionally deleted.
4. Intentionally deleted.
5. TENANT ALLOWANCE: Landlord shall provide Tenant a Tenant Improvement Allowance equal to
$1.50 PSF per year of the initial Lease Term or $97,680.00. Said Tenant Allowance shall be applied to
Landlord's expenses for completion of all interior improvements as outlined in Exhibit "B". Following
satisfaction of all claims and at such time as Landlord is in receipt of all Release of Liens by all
contractors, workmen, material and service suppliers and any other persons having claims against
Landlord for payment of work completed or material or service supplied in connection with the Tenant's
Leasehold Improvements, Landlord shall reimburse Tenant with any funds remaining in the Tenant
Allowance for the purpose of offsetting Base Rent due during the first year of the Lease term . Tenant
shall bear the remaining expenses for all their occupancy costs.
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6. OPTION TO RENEW: The Landlord hereby covenants with the Tenant, that if the Tenant is not
in Default under the terms of this Lease Agreement beyond all applicable notice and cure periods, has
paid all sums required pursuant to the Lease Agreement and performs each and every material
covenant, provision and agreement on the part of the Tenant to be paid, rendered, observed and
performed as of the date of Tenant's Notice to exercise it's Option to Renew, the Landlord agrees to
grant Tenant ONE (1) Option to Renew this Lease for a period of FIVE (5) YEARS ("Renewal Term") by
providing Landlord two hundred seventy (270) days written notice prior to the expiration of this Lease
Tenn..
7. Intentionally deleted.
8. Intentionally deleted.
9. Intentionally deleted.
10. ACCESS TO BACK-UP POWER: At Tenant's expense, Landlord shall provide to Tenant the right to
install either a hook-up for a temporary generator, or permanent generator on site during emergencies
if required. It is further understood by Tenant, approval for said hook-up and/or location for
installation of permanent generator, shall be subject to approval by Landlord and City of Clearwater
ordinances pertaining to location and required permitting.
11. CONTINGENCY: This Lease is contingent upon City of Clearwater City Manager receiving approval
by the City of Clearwater City Council and executing the lease agreement between the City of Clearwater
and 600 Cleveland, LLC for 13,024 rentable square feet of office space within the One Clearwater Tower
– Bank of America Building, Clearwater, FL no later than October 15th, 2018. In the event the lease
agreement between the City of Clearwater and 600 Cleveland, LLC is not approved and executed by the
City of Clearwater City Manager by October 15th, 2018, this Lease will be null and void.
12. All capitalized terms used herein shall have the meanings ascribed to them in the Lease and its
Addenda unless otherwise provided herein. All terms of the Lease and its Addenda not in conflict with
the foregoing are hereby ratified and confirmed.
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EXHIBIT "A"
PREMISES
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EXHIBIT "B"
TENANT FINISH: ALLOWANCE
SUITE 600
1. Except as expressly set forth in this Lease, Tenant accepts the Premises in their "as is" condition on
the date that this Agreement is executed by all parties.
2. Landlord shall cause the tenant finish work (“Improvements”) to be performed in accordance with
this Exhibit. The work shall be performed by contractors and subcontractors approved by Landlord. All
contractors and subcontractors shall be required to procure and maintain insurance against such risks,
in such amounts, and with such companies as Landlord may reasonably require. The work shall be
performed in a good and workmanlike manner that is free of defects and is in strict conformance with
the drawings or plans as submitted by Tenant prior to the Buildout Period (“Drawings”).
3. Tenant shall bear the following costs of the tenant buildout (including, without limitation, costs of
construction labor and materials, electrical usage during construction, additional janitorial services,
general tenant signage, related taxes and insurance costs, all of which costs are herein collectively called
the "Total Construction Costs") in excess of the Tenant Construction Allowance (as hereinafter defined)
and pay to Landlord the amount by which the estimated Total Construction Costs exceed the Tenant
Construction Allowance. The consent of Tenant is required for any bid by a Contractor for the Total
Construction which exceeds the Construction Allowance. In such cases, the Tenant shall be permitted to
modify the work to reduce the Total Construction Cost below the Construction Allowance or to work
with Landlord in soliciting a mutually acceptable alternative Contractor to perform the work within the
Construction Allowance. Without limitation, upon substantial completion of the Improvements , Tenant
shall pay to Landlord an amount equal to the Total Construction Costs (as adjusted for any approved
changes to the Drawings), less (i) the amount of the payments already made by Tenant and (ii) the
amount of the Construction Allowance.
4. Landlord shall provide to Tenant a construction allowance ("Tenant Construction Allowance") equal to
$97,680.00. Following satisfaction of all claims and Landlord is in receipt of all Release of Liens by all
contractors, workmen, material and service suppliers and any other persons having claims against
Landlord for payment of work completed or material or service supplied in connection with the Tenant's
Leasehold Improvements, Landlord shall provide Tenant a credit for any funds remaining in the
Construction Allowance for the purpose of offsetting Base Rent due during the first year of the Lease
term.
5. Landlord or its designee shall enter into contract with contractor(s), supervise the Improvements,
make disbursements required to be made to the contractor, and act as a liaison between the contractor
and Tenant and coordinate the relationship between the Premises, the Building, and the Building's
systems.
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EXHIBIT "C"
RULES AND REGULATIONS
1. Sidewalks, doorways, vestibules, halls, stairways and similar areas shall not be obstructed by
tenants or their officers, agents, contractors, invitees, servants, and employees, or used for any purpose
other than ingress and egress to and from their respective leased premises and for going from one part
of the Building or Property to another part of the Building or Property.
2. Plumbing fixtures and appliances shall be used only for the purposes for which constructed, and
no sweepings, rubbish, rags or other unsuitable material shall be thrown or placed therein. Any
stoppage or damage resulting to any such fixtures or appliances from misuse on the part of a tenant or
such tenant's officers, agents, contractors, invitees, servants, and employees shall be paid by such
tenant.
3. No signs, posters, advertisements, or notices shall be painted or affixed by or on behalf of any
tenant on any of the windows or doors, or other part of the Building or Property, except lettering of
such color, size and style and in such places, as shall be first approved in writing by the Landlord's
Property Manager. No nails, hooks or screws shall be driven into or inserted in any part of the Building,
except by building maintenance personnel.
4. Directories may be placed by the Landlord, at Landlord's own expense, in conspicuous places in
the Building or on the Property. No other directories shall be permitted.
5. Tenants shall not do anything, or permit anything to be done, in or about the Property, or bring
or keep anything therein or thereon, that will in any way increase the possibility of fire or other casualty
or obstruct or interfere with the rights of, or otherwise injure or annoy, other tenants, or do anything in
conflict with the valid pertinent laws, rules or regulations of any governmental authority.
6. Corridor doors, when not in use, shall be kept closed.
7. All deliveries of furniture, freight, office-equipment or other materials for dispatch or receipt by
Tenant must be made by licensed commercial movers via the service entrance of the Building in a
manner and during hours set by Landlord from time to time. Prior approval must be obtained from the
Landlord's Property Manager for any deliveries that might interfere with the free movement of others
through the public corridors of the Building. All hand trucks shall be equipped with rubber tires and
rubber side guards.
8. Each tenant shall cooperate with Building employees in keeping the Property, Building and their
respective Premises neat and clean.
9. Nothing shall be swept or thrown into the corridors, halls, elevator shafts or stairways. No birds
or animals shall be brought into or kept in or about the Property or Building.
10. Should a tenant require telegraphic, telephonic, annunciator or any other communication
service, the Landlord will direct the electricians and installers where and how the wires are to be
introduced and placed, and none shall be introduced or placed except as the Landlord shall direct.
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11. Tenants shall not make or permit any unseemly, disturbing or improper noises in the Property or
Building, or otherwise interfere in any way with other tenants, or persons having business with them.
12. No equipment of any kind shall be operated in any tenant's leased premises that could in any
way annoy any other tenant in the Building without the prior written consent of the Landlord.
13. Tenants shall not use or keep on the Property or in the Building any flammable or explosive fluid
or substance, or any illuminating material, unless it is battery powered, UL approved.
14. Tenant and Tenant’s employees, or agents, or anyone else who desires to enter the Building
after normal working hours will be required to close doors into the Building behind them. Locks to such
doors will not be tampered with.
15. All electrical fixtures hung in the Premises must be fluorescent and of a quality, type, design,
bulb color, size and general appearance approved by Landlord.
16. No water cooler, air conditioning unit, space heater or system or other apparatus shall be
installed or used by a tenant without the prior written consent of Landlord.
17. Normal business hours for the Building shall be 7:00 a.m. through 6:00 p.m. on weekdays,
excluding legal holidays.
18. References to “holidays” and “legal holidays” in the leases to tenants in the Building shall
include the following:
January 1st.................................................................New Year's Day
Last Monday in May....................................................Memorial Day
July 4th.................................................................Independence Day
First Monday in September..............................................Labor Day
Fourth Thursday in November.....................................Thanksgiving
December 25th.................................................................Christmas
19. Pursuant to applicable law, the One Clearwater Tower – Bank of America Building is deemed to be
a “no-smoking” building and smoking is prohibited in the leased premises all interior Common Areas,
and within 15 feet of any building entrance. In addition, Landlord may from time to time, designate
non-smoking areas in all or any portion of the exterior Common Areas. The designated smoking area for
building Tenants and guests is in the Station Square Park adjacent to the east of the building.
20. Bicycles are not permitted to be brought into the building lobby or elevators or secured in
any area of the building and grounds except the designated bicycle storage area. All bicycles
brought on premises must be parked and secured in the covered bicycle storage rack in the
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courtyard storage area located at the southeastern corner of the by gate off of Garden Avenue
adjacent to the south fire stairs. Bicycle owners bear risks associated with damage or theft for
any bicycles or other personal property brought onto the premises. The building engineer or
manager will issue upon request, a bicycle owner an assigned key to access the gate into the
storage area. The first key will be issued free of charge, replacement keys will require a $25.00
key deposit or the bicycle owner paying the cost to have the lock rekeyed.
21. The Landlord reserves the right to rescind any of these rules (as to any particular tenant or as to
all tenants generally) and to make such other and further rules and regulations as in the judgment of
Landlord shall from time to time be needed for the safety, protection, care and cleanliness of the
Property and Building, the operation thereof, the preservation of good order therein, and the protection
and comfort of its tenants, their agents, employees and invitees, which rules when made and notice
thereof given to a tenant shall be binding upon such tenant in like manner as if originally herein
prescribed. In the event of any conflict, inconsistency, or other difference between the terms and
provisions of these Rules and Regulations (as now or hereafter in effect) and the terms and provisions of
any lease now or hereafter in effect between Landlord and any tenant in the Building, Landlord shall
have the right to rely on the term or provision in either such lease or such Rules and Regulations which
is most restrictive on such tenant.
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Exhibit “D”
SIGN CRITERIA
This exhibit is intended to clarify the provisions of paragraph 16 of the Building Standard Lease and sets
forth the sign criteria for the One Clearwater Tower-Bank of America Building, effective April 1st, 2016.
The One Clearwater Tower-Bank of America Building has exterior signage that includes the building face
signage currently leased to Bank of America on the east and west sides of the building, and above the
Garden Avenue and Cleveland Street entrances, Monument Signage located on the southwest corner of
the property fronting Cleveland Street and Garden Avenue, and interior signage including the building
directory signage located in the main building lobby, Premises Floor Elevator Lobby Signage, which is
available for full floor building tenants, and Premises Entrance Signage.
1. Building Naming Rights. Bank of America, as successor to the Clearwater National Bank has the
naming rights for the building dating back to 1975.
2. Exterior Monument Signage
a. Landlord has provided the monument sign which includes spaces for a maximum of 10 tenant signs.
Tenant shall pay for (and obtain any necessary approvals for its sign panel). The design and placement of
Tenant’s sign panel is subject to the Landlord’s prior review and approval. The cost of any maintenance
and repair of the monument signage will be excluded from the building operating expenses by Landlord
and will be billed only to parties that have panels on the sign on a prorated basis. The cost related to
blank panels shall be the Landlord’s responsibility. The following general concepts shall govern the
Monument Sign:
i. Tenant agrees to pay the cost of the approximately 7 inch by 54 inch bronze plaque and the
installation cost. The cost has been quoted as $1,100.00 but is subject to change.
ii. The placement on the monument of a Tenant Plaque shall be under Landlord’s control. Full floor
tenants or the larger building tenants will be placed in the most favorable location, and the smaller
tenants (gauged by Rentable Sq. ft.) will be placed in the lower panels on the sign. The positions
considered more favorable are from top to bottom (least favorable) and from left (more favorable) to
right ( less favorable). The Top panels are typically reserved for the largest tenants in the building, who
are participating in the monument signage program.
b. Initially, the signage placement will be available to tenants with the priority assigned by row from
top to bottom, first by the total rentable square footage under lease, with a minimum of 2,500rsf, and
second by the length of continuous building occupancy. In the event two tenants want the same sign
face and the priority criteria is even, the matter will be decided by a coin toss by the building manager.
Included as Exhibit “D” is the Monument Signage description and pricing information.
c. All Monument signage shall be removed by Tenant at Tenant’s expense at lease expiration and
Tenant vacating the Premises.
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3. Interior Signage in the Building is provided for Tenants outside of the Premises in the following
locations:
a. Building Directory: Signage is provided at Tenant’s cost and is provided by Landlord in “Building
Standard” format, unless the directory listing is included as a part of a Tenant Improvement Allowance
for Tenant. Tenant shall have the right to list no more than two entities. Ordinarily, sub-lessees are not
entitled to a separate listing unless agreed upon in writing.
b. Building Elevator Lobby: At this time, Elevator Lobby Signage is only available to multi-floor tenants
and is offered on a case by case basis. Tenant must request the right, and if approved, Tenant shall pay
for (and obtain all necessary approvals for its sign panel). The design and placement of Tenant’s sign
panel is subject to the Landlord’s prior review and approval. Landlord will only allow a sign showing
Tenant’s name (or tradename) and logo with a reference to the appropriate reception floor.
c. Premises Floor Elevator Lobby
i. Unless Tenant is a full-floor tenant, Premises Floor Elevator Lobby Signage is not offered. Tenant may
request the right to place directional signage with Tenant’s name (or tradename) in the Premises Floor
Elevator Lobby. Signs will be at Tenant’s cost (provided by Landlord in “Building Standard” format,
unless requested as part of the Tenant Improvement Allowance. If Tenant desires to use a logo or trade
name, in addition to or instead of “Building Standard” format signage, this must be approved in advance
in writing.
ii. Typically, signage is not available for subtenants and/or assignees.
d. Premises Entrance
i. Signs will typically be at Tenant’s cost (provided by Landlord in “Building Standard” format, unless
requested as part of the Tenant Improvement Allowance. If Tenant desires to use a logo or Trade Name,
in addition to or instead of “Building Standard” format, this must be approved in advance in writing.
ii. Typically, signage is not provided for subtenants and/or assignees.
4. General Provisions
a. GRAPHICS: Landlord shall provide and install, at Tenant’s cost, all initial signs, letters and numerals
at Premises Entrance. All such signs, letters and numerals shall be in the standard graphics for the
Building and reasonably acceptable to Landlord and no others shall be used or permitted on the
Premises without Landlord's prior written consent, which may be withheld in Landlord's sole discretion.
b. Subject to prior written approval from Landlord, Tenant is required to place a sign on the Building
Directory and Premises Entrance. Signs shall be installed by Landlord at Tenant’s expense within thirty
(30) days following the date Tenant opens for business. Tenant shall be responsible for all costs
associated with the installation and Maintenance of Tenant’s panel. Landlord shall review and approve
of the size, design, location, and composition of all of Tenant’s signage prior to installation. If at anytime
during the term of this Lease Landlord replaces the current monument sign, Tenant may either (i) pay its
prorata share of the cost of such new sign based on the size of Tenant’s panel in relation to the total size
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of all panels on the new sign or (ii) not participate on the new sign. If at anytime during the term of this
Lease, the Monument sign has no open spaces, or a larger tenant desires a space in use for the sign of a
smaller Tenant, Landlord shall have the right to re-order the placement of the Tenant signs on the
Monument, in its sole judgment. If Landlord removes the sign of a Tenant to create an available space
for a larger Tenant, Landlord agrees to replace the Tenant’s sign which is removed as soon as an
available space on the monument base becomes available.
c. Tenant shall not otherwise exhibit, inscribe, paint, or affix any sign, advertisement, notice or other
lettering on any part of the outside of the Demised Premises or of the building of which the Demised
Premises is a part without first obtaining Landlord's prior, specific written approval thereof; and Tenant
further agrees to maintain each and every sign, lettering and the like as may be approved by Landlord in
good condition, working order, and repair at all times. If Tenant does not keep its signs in good
condition, working order and repair at all times, upon giving Tenant ten (10) days written notice of its
election to do so, Landlord will have sign repaired and restored to good working order and invoice
Tenant for all charges incurred, plus ten percent (10%) administrative costs, as additional rent. Tenant
agrees that Tenant's sign(s) shall comply with the contents of these Sign Criteria as they are revised from
time to time by Landlord. If Tenant erects sign without proper written approval from Landlord, Landlord
can remove sign and invoice Tenant for all costs incurred, plus ten percent (10%) administrative costs,
and same shall become due as additional rent.
d. Notwithstanding anything presented above to the contrary, all signage shall be subject to all
governmental and quasi-governmental consents, approvals and permits as may be necessary in order to
erect or install signs; in this regard, Landlord makes no representation or warranty as to Tenant's ability
to obtain permissions for signage or as to the availability thereof for Tenant, provided Landlord agrees
to reasonably cooperate with Tenant, at no cost to Landlord, in filing any required applications for
governmental approvals for signage (but not with respect to any variance).
Illustrations
Monument Signage
Monument Sign is located at the southwest corner of the building as shown below:
Lobby Directory Signage
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Elevator Lobby Signage
Tenant Signage
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Exhibit “E”
Intentionally Deleted
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Exhibit “F” – Building Standard Materials
LANDLORD’S BASE BUILDING WORK
Landlord, at Landlord’s expense, shall provide the following work prior to delivering the Premises to
Tenant:
1. The HVAC distribution main loop shall be in place, tight to the slab above, including the
installation of VAV mixing boxes, flex duct and linear slot diffusers installed at the window line.
2. Electrical service to the electrical closet on each floor proposed, with 120/208-volt power panels
and circuit breakers in place, along with an isolated grounding system. The electrical system shall be
capable of delivering 6 watts per rentable square foot for lighting and receptacle power.
3. Interior surfaces of the exterior walls will have exposed studs and insulation.
4. All interior columns on the floor proposed for Tenant will have exposed studs.
5. All work in common areas and core of the Building, including, but not limited to, common
corridors and common elevator lobbies shall be completed and in compliance with current code.
6. The automatic sprinkler system main loop shall be fully completed, operational and tested in
accordance with NFPA requirements and current code.
7. Any asbestos containing materials shall be fully abated from the Premises.
8. All restroom work shall be completed and meet all applicable codes, including any ADA
requirements.
9. Floor slabs shall level, smooth surface and ready for carpet installation.
10. All vertical penetrations shall be sealed and fireproofed.
11. Connection “stub outs” shall be available for vent, cold water at all wet columns.
12. Connection point installed on the floor(s) for fire alarm system. The complete core fire
detection system shall be installed, operating and tested in accordance with NFPA requirements.
13. Exterior window coverings to be furnished and installed by Landlord.
14. The floor must accommodate live weight load to accommodate customary office use and
equipment incidental thereto.
15. As required by Tenant, Landlord shall provide select demolition of any previously installed
improvements.
16. Any existing cabling not installed or to be used by Tenant shall be removed from the Premises.
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Landlord, at Tenant’s expense, shall provide the following work prior to delivering the Premises to
Tenant:
[INSERT BUILDOUT PLANS, DRAWINGS AND SPECS AND ASSOCIATED COST ESTIMATE]
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Exhibit “G”
Intentionally Deleted
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Exhibit “H”
INCLUDED FURNISHINGS
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4873
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Approve the City of Clearwater’s Fiscal Year 2018/2019 Annual Action Plan, which is the 3rd
Action Plan of the Fiscal Year 2016/2017 - Fiscal Year 2019/2020 Four-Year Consolidated Plan,
to implement the goals and objectives set forth in the Consolidated Plan and authorize the City
to enter into agreements with HUD and organizations approved for funding.
SUMMARY:
On July 21, 2016, City Council approved the 2016/2017 - 2019/2020 Consolidated Plan
(Consolidated Plan) identifying the city’s goals and objectives with respect to the city’s
administration of HOME and Community Development Block Grant (CDBG) Program funds.
Under the Consolidated Plan, the City is required by US Department of Housing and Urban
Development (HUD) to create and implement a plan each year to identify the sources and uses
of these funds for housing, community programs, and economic development. This plan,
referred to as the Annual Action Plan, provides HUD with the City’s housing budget and
proposed expenditures based on the entitlement funds and estimated program income that the
City will receive in the upcoming fiscal year to meet the goals and objectives established in the
Consolidated Plan.
Funds are used to develop viable communities and sustain existing ones. In addition, the funds
will be used to provide safe, decent and affordable housing to assist extremely low- to
moderate-income households. This year’s Annual Action Plan allocates federal funds to provide
housing opportunities to extremely low- to moderate-income households for new and existing
homes, construction and/or renovation of public facilities, and to fund public services programs.
In Fiscal Year 2019, the City will receive $740,943 in entitlement funds for the CDBG Program
and $383,146 in entitlement funds for the HOME Program. The City is reprogramming
$678,611 in HOME funds and budgeted $475,000 in CDBG Revolving Loan Program funds,
$109,200 in CDBG Program Income funds and $1,148,593 in HOME Program Income funds for
new activities. Funds provided through the CDBG Program may be used for housing,
community and economic development, public services and facilities, acquisition, relocation
and administration. Funds provided through the HOME Program are limited to housing-related
activities and administration.
The City partners with several non-profit agencies to implement the goals and objectives
established in the Consolidated Plan. To obtain these partners, the City annually publishes in
February a Notice of Funding Availability in the local newspaper and on its website. This notice
informs the public of the resources the City will make available and the eligible uses of these
resources. It also informs them of the application period for requesting funds. The applications
were due on March 23, 2018 with the City receiving 27 applications; 20 applicants received an
Page 1 City of Clearwater Printed on 7/30/2018
File Number: ID#18-4873
allocation of funding.
A Technical Review Committee (TRC) comprised of professionals in the social service and
grants community, a member of the City’s Neighborhood and Affordable Housing Advisory
Board (NAHAB), the City Clerk and Planning Department staff member, reviewed and ranked
the applications. Applicants were given an opportunity to present their proposed projects at the
April 10 NAHAB meeting. City Housing staff also reviewed each application to ensure it met
HUD’s baseline requirements. The NAHAB met on May 8, 2018, and approved the
recommended allocations contained in the FY 2018/2019 Annual Action Plan.
Each year the City may allocate up to 15% of its CDBG funds for Public Services activities.
This year the City received eleven requests for funding of public services in the amount
$284,642, however based on HUD’s formula and eligibility, $111,141 was available to fund
seven organizations. The NAHAB endorsed a funding matrix for Public Services applicants that
dictate the funding ratios based on the ranking. Utilizing the funding matrix ensures all eligible
applicants are funded a percentage of request based on rankings.
At its meeting on July 10, the NAHAB passed a motion recommending City Council approval of
the Fiscal Year 2018/2019 Annual Action Plan.
The Fiscal Year 2018/2019 Annual Action Plan is due to HUD on August 15, 2018. All
organizations that will be receiving an allocation will have agreements prepared and executed
by October 1, 2018. Staff will perform compliance monitoring with funded organizations on an
annual basis.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 2 City of Clearwater Printed on 7/30/2018
FY2018/2019
ANNUAL ACTION
PLAN
ECONOMIC DEVELOPMENT & HOUSING
August 2, 2018
FY2018/2019 ANNUAL ACTION PLAN
City Council approved the 2016/2017 –
2019/2020 Consolidated Plan on July 21, 2016.
Under the Consolidated Plan, the city is required
to create and implement a plan each year.
This plan is referred to as the Annual Action Plan.
FY2018/2019 ANNUAL ACTION PLAN
3rd Year Annual Action Plan (AAP) of the Consolidated Plan
It is the city’s budget and expenditures based on the
entitlements and projected program income.
Funds will be provided to
Low to moderate income households for new and existing
homes
Construction and/or renovations of public facilities
Economic Development
Public Services Agencies
4 Target Areas:
3 NRSAs
Other Low-
Moderate
Income Areas
FY2018/2019 ANNUAL ACTION PLAN
Annual Action Plan Process
Feb. 23, 2018 Notice of Funding Availability (NOFA) Published
July 10, 2018 NAHAB Approval of Draft Annual Action Plan
July 23, 2018 30 – Day Public Comment Period Ends
Aug. 2, 2018 Council Approval
Oct. 1, 2018 Program Year Begins
FY2018/2019 ANNUAL ACTION PLAN
Funding Levels
FY2017/2018 FY2018/2019 Difference
CDBG $667,634 $740,943 + 12.8%
HOME $285,328 $383,146 + 37.6%
SHIP $480,527 $156,785 -67.4%
FY2018/2019 ANNUAL ACTION PLAN
Anticipated Resources
Program Entitlement
Program
Income
Prior Year
Resources Total
CDBG $308,918 $584,200 $432,025 $1,325,143
HOME $383,146 $1,148,593 $678,611 $2,210,350
NSP 3 $0.00 $348,850 $0 $343,850
FY2018/2019 ANNUAL ACTION PLAN
Anticipated Allocations by Goal
GOAL CDBG HOME NSP3 Total
Housing $724,000 $2,097,036 $338,850 $3,159,886
Homelessness $55,910 $0 $0 $55,910
Non-Homeless
Special Needs $20,350 $0 $0 $20,350
Community Dev &
Public Services $203,695 $0 $0 $203,695
Economic Dev $135,000 $0 $0 $135,000
Program Admin $186,188 $113,314 $5,000 $304,502
Total $1,325,143 $2,210,350 $343,850 $3,879,343
FY2018/2019 ANNUAL ACTION PLAN
Project Allocations
For a Detailed Listing
of Proposed Project
Allocations, See Pages
30-46 of the Plan
myclearwater.com/housing
FY2018/2019
ANNUAL ACTION PLAN
ECONOMIC DEVELOPMENT & HOUSING
August 2, 2018
CDBG Entitlement - $740,943 AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT HOME Entitlement - $383,146 REQUESTED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED RECOMMENDEDSHIP Entitlement - $156,785 TOTAL CDBG HOME SHIP REVOLVING LOAN - REHAB REVOLVING LOAN - INFILL NSP 3 TOTAL
Public Facilities and Improvements & Economic Development *
Directions For Living - Life After Trauma Phase II 118,750.00$ 102,000.00$ St. Vincent DePaul - Community Kitchen 27,470.00$ 30,470.00$ R'Club Child Care - Whitney Early Learning Academy 28,115.00$ 25,845.00$ Clw Neighborhood Housing Svcs - Office Improvements 46,861.00$ 10,500.00$
Subtotal 221,196.00$ 168,815.00$ -$ -$ -$ -$ -$ 168,815.00$
Public Services
InterCultural Advocacy Institute - Youth Leadership 25,000.00$ 20,350.00$ Pinellas Opportunity Council - Chore Services 25,000.00$ 20,350.00$ Safety Harbor Neighborhood Housing Services 25,000.00$ 17,808.00$ Gulfcoast Legal Services, Inc. - Legal Services 24,933.00$ 17,808.00$ Westcare GulfCoast, Inc. - Turning Point 25,000.00$ 8,480.00$ Homeless Emergency Project, Inc. - Shelter Services 25,000.00$ 8,480.00$ Religious Community Services - Grace House 22,218.00$ 8,480.00$
Education/Counseling
Clearwater Neighborhood Housing Services, Inc.7,500.00$ 3,128.00$ 1,872.00$ Housing and Education Alliance 25,000.00$ 3,128.00$ 1,872.00$ Tampa Bay CDC 5,000.00$ 3,128.00$ 1,872.00$
(AMT AVAILABLE = $111,141 @ 15% of CDBG Allocation)
Subtotal 209,651.00$ 111,140.00$ -$ 5,616.00$ -$ -$ -$ 116,756.00$
Administration
City of Clearwater Administration - CDBG 148,188.00$ 148,188.00$ City of Clearwater Administration - HOME 38,314.00$ 38,314.00$ City of Clearwater Administration - SHIP 15,678.00$ 15,678.00$ City of Clearwater - Administration - NSP3 5,000.00$ City of Clearwater - Admin From Program Income -$ 38,000.00$ 75,000.00$ 30,000.00$
Subtotal 202,180.00$ 186,188.00$ 113,314.00$ 45,678.00$ -$ -$ 5,000.00$ 350,180.00$
Economic Development/Micro-Enterprise *
Tampa Bay Black Business Investment Corp.25,000.00$ 25,000.00$ Hispanic Business Initiative Fund of Florida, Inc. (Prospera)30,000.00$ 30,000.00$ Façade Improvement Program (2 Activities)80,000.00$ 80,000.00$
Subtotal 135,000.00$ 135,000.00$ -$ -$ -$ -$ -$ 135,000.00$
Housing Pool - New Const/Rehab/DPA
Habitat for Humanity of Pinellas County - Acquisition 99,000.00$ 99,000.00$ Habitat For Humanity of Pinellas County - Construction (10 Units)1,200,000.00$ Clw Neighborhood Housing Svcs - DPA/Loan Processing 20,000.00$ 20,000.00$ Housing and Education Alliance - DPA/Loan Processing 25,000.00$ 20,000.00$ Tampa Bay CDC - DPA/Loan Processing 15,000.00$ 15,000.00$ Acquisition (2 Units)100,000.00$ 100,000.00$ Renter-Occupied Housing Rehabilitation (5 Units)250,000.00$ 250,000.00$ Muti-Family New Construction (5 Units)200,000.00$ 200,000.00$ Single-Family New Construction (2 Units)250,000.00$ 250,000.00$ Activity Delivery - Rehabilitation 12,500.00$ 12,500.00$ Activity Delivery - Infill 37,500.00$ 37,500.00$
Subtotal 1,009,000.00$ 249,000.00$ 1,955,000.00$ -$ -$ -$ -$ 2,204,000.00$
Revolving Loan Funds
Rehabilitation (5 Units)225,000.00$ 225,000.00$ Infill (2 Units)250,000.00$ 250,000.00$ Economic Development -$
Subtotal 475,000.00$ -$ -$ -$ 225,000.00$ 250,000.00$ -$ 475,000.00$
Neighborhood Stabilization Program 3
25% Set-Aside (50% or Below AMI) (1 Unit)93,850.00$ 93,850.00$ New Construction (2 Units)240,000.00$ 240,000.00$ Activity Delivery - New Construction 5,000.00$
Subtotal 333,850.00$ -$ -$ -$ -$ -$ 338,850.00$ 338,850.00$
CHDO Set-Aside
CHDO Set-Aside - FY 18-19 57,472.00$ 57,472.00$ CHDO Set-Aside - FY 17-18 42,799.00$ 42,799.00$ CHDO Set-Aside - FY 16-17 41,765.00$ 41,765.00$
Subtotal 142,036.00$ -$ 142,036.00$ -$ -$ -$ -$ 142,036.00$
TOTALS 2,727,913.00$ 850,143.00$ 2,210,350.00$ 51,294.00$ 225,000.00$ 250,000.00$ 343,850.00$ 3,930,637.00$
* Notes:Entitlement 308,918.00$ 383,146.00$ 51,294.00$ -$ -$ -$ 743,358.00$
- $3,000 Added For Each Public Facility Project For Inspection Fees Program Income 109,200.00$ 1,148,593.00$ -$ 225,000.00$ 250,000.00$ 343,850.00$ 2,076,643.00$ - $5,000 Added For Each Facade Project For Inspection Fees Reprogrammed Prior Year Funding 432,025.00$ 678,611.00$ -$ -$ -$ -$ 1,110,636.00$ -$ Totals 850,143.00$ 2,210,350.00$ 51,294.00$ 225,000.00$ 250,000.00$ 343,850.00$ 3,930,637.00$
FY 2018-19 ANNUAL ACTION PLAN - RECOMMENDED ALLOCATIONS
City of Clearwater, Florida
August 2͕2018
2018/2019
Annual Action Plan
PR-05 Lead & Responsible Agencies ......................................................................................................... ...3
AP-10 Consultation......................... ............................................................................................................ .5
AP-35 Projects ............................................................................................................................................ 26
AP-38 Project Summary ............................................................................................................................. 29
AP-50 Geographic Distribution ............................................................................................................. .....47
AP-55 Affordable Housing ...........................................................................................................................49
AP-60 Public Housing ..................................................................................................................................51
AP-65 Homeless and Other Special Needs Activities ..................................................................................53
AP-75 Barriers to Affordable Housing........................................................................................................57
AP-85 Other Actions ......................................................................................................................... ...........59
AP-90 Program Specific Requirements .......................................................................................................64
Attachments - Maps
TABLE OF CONTENTS
AP-05 Executive Summary.............................................................................................................................1
AP-12 Participation......................... ........................................................................................................... 12
AP-15 Expected Resources......................... ................................................................................................ 15
AP-20 Annual Goals and Objectives......................... .................................................................................. 19
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of Clearwater, Florida, completed the planning process for the 2018/2019 Annual Action
Plan. This plan is the third (3rd) Annual Action Plan of the FY2016/2017 – FY2019/2020 Four-Year
Consolidated Plan (Consolidated Plan).
Under the Consolidated Plan, the City is required to create and implement a plan each year to identify
the sources and uses of these funds for housing, community programs, and economic development. This
plan, referred to as an Annual Action Plan, provides HUD with the City’s housing budget and proposed
expenditures based on the entitlement funds and estimated program income that the City will receive in
the upcoming fiscal year to meet the goals and objectives established in the Consolidated Plan.
Funds will be used to develop viable communities and sustain existing ones. In addition, the funds will
be used to provide safe, decent and affordable housing to assist very-low to moderate-income
households. This year’s Annual Action Plan allocates federal funds to provide housing opportunities to
very-low to moderate-income households for new and existing homes, construction and/or renovation
of public facilities, economic development and to fund public services programs.
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to
another location. It may also contain any essential items from the housing and homeless needs
assessment, the housing market analysis or the strategic plan.
The 2018/2019 Annual Action Plan identified the following goals and objectives to measure the
process addressing the priority needs of six major areas of focus in the Consolidated Plan: Program
Administration, Housing, Homelessness, Non-Homeless Special Needs, Community Development and
Public Services, and Economic Development.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or
projects.
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The development of the Annual Action Plan was based on the previous adopted Consolidated Plan and a
number of other studies, plans and reports that have been prepared in recent years. The primary
documents include the City's Neighborhood Revitalization Strategy Area documents, Local Housing
Incentives Strategy and Local Housing Assistance Plan, Economic Development Strategic Plan, Pinellas
County Homeless Leadership Board Point-in-Time (PIT) Homeless Report and Annual Homeless
Assessment reports, among others.
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
The City conducted a technical assistance workshop for program applicants, two (2) public hearings with
the Neighborhood and Affordable Housing Advisory Board (NAHAB) and one public hearing with the City
Council. The purpose of the process was to receive citizen input on the current housing and community
development needs of the City.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen
Participation section of the Con Plan.
No public comments were received.
6. Summary of comments or views not accepted and the reasons for not accepting them
No public comments were received.
7. Summary
This plan is the third (3rd) Annual Action Plan of the FY2016/2017 – FY2019/2020 Four-Year
Consolidated Plan (Consolidated Plan) to implement the goals and objectives set forth in the
Consolidated Plan. In the upcoming year, the City of Clearwater will continue to deliver housing and
community development activities that support housing rehabilitation and assistance, public facility and
infrastructure improvements, economic development and maintain partnerships with an array of
housing and public service providers.
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant
program and funding source.
Agency Role Name Department/Agency
CDBG Administrator CLEARWATER Economic Development and Housing Department
HOME Administrator CLEARWATER Economic Development and Housing Department
Table 1 – Responsible Agencies
Narrative (optional)
The City of Clearwater, Florida, is the lead agency responsible for overseeing the development of the Annual Action Plan. The Economic
Development and Housing Department is the internal department that is responsible for the day-to-day administration of CDBG and HOME
funding. However, the Economic Development and Housing Department does work with both the City Council and the Neighborhood and
Affordable Housing Advisory Board (NAHAB) in addition to residents and subrecipients to develop this plan.
Consolidated Plan Public Contact Information
Inquiries, comments or complaints concerning the Plan, any amendmments, or performance reports, can be conveyed by contacting City staff at:
City of Clearwater Economic Development and Housing Department
112 S. Osceola Avenue
Clearwater, FL 33756
Telephone: (727) 563-4033
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Fax: (727) 562-4037
kimberly.dupont@myclearwater.com
Business hours: 8:00 a.m. to 5:00 p.m., Monday through Friday
Written complaints may also be made to the Jacksonville Field Office of the U.S. Department of Housing and Urban Development (HUD) at the
following address:
U.S. Department of Housing and Urban Development
Community Planning and Development Divison
400 West Bay Street, Suite 1015
Jacksonville, FL 32202
Phone: (904) 232-2627
Fax: (904) 232-3759
Business hours: 8:00 a.m. to 4:30 p.m., Monday through Friday
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City uses a collaborative process to shape various programs into effective and coordinated
strategies. The process also facilitates the opportunity for planning and citizen participation to take
place in a comprehensive context, attempting to reduce duplication of efforts at the local level.
The City will implement this Annual Action Plan in coordination with public, private and nonprofit
agencies. Nonprofit agencies may include, but are not limited to, service providers and Community
Housing Development Organizations (CHDOs). Private sector partners may include, but are not limited
to, local financial institutions, developers and local businesses. The City works closely with its partners
to design programs that address identified needs.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(l))
The City will implement this Annual Action Plan in coordination with public, private, and nonprofit
agencies. Nonprofit agencies may include, but are not limited to, service providers and Community
Housing Development Organizations (CHDOs). Private sector partners may include local financial
institutions, developers and local businesses. The City works closely with its partners to design programs
that address identified needs.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The City coordinated with the Pinellas County Homeless Leadership Board through its most recent Point-
In-Time Homeless Report and Annual Homeless Assessment Report and with residents through
community meetings. The consultation was important in preparing the various components of the
Annual Action Plan concerning the homeless.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
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Consultation with the Continuum of Care (CoC) included research of the Pinellas County Homeless
Leadership Board Annual Reports and Plans and meetings with the Board.
The Pinellas County Homeless Leadership Board (HLB) is comprised of 21 members, an Executive Officer
and three staff persons. In addition to the Board, the HLB has established the Providers Council and
Funders Council that work together to identify concerns and make policies and recommendations on
homeless issues. The mission of the HLB is to be the lead organization in ending homelessness in
Pinellas County.
The City of Clearwater does not receive or administer Emergency Shelter Grant (ESG) funding.
2. Describe Agencies, groups, organizations and others who participated in the process
and describe the jurisdiction’s consultations with housing, social service agencies and other
entities
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Table 2 – Agencies, groups, organizations who participated
1 Agency/Group/Organization PINELLAS COUNTY HOMELESS LEADERSHIP BOARD
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Research of Annual Reports and Identification of
Needs
2 Agency/Group/Organization City of Clearwater, Florida
Agency/Group/Organization Type City Departments
What section of the Plan was addressed by Consultation? Housing Need Assessment
Non-Homeless Special Needs
Economic Development
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
City was the lead agency and consulted with
various departments to develop the Annual Action
Plan
3 Agency/Group/Organization City of Clearwater Neighborhood and Affordable
Housing Advisory Board
Agency/Group/Organization Type Advisory Board
What section of the Plan was addressed by Consultation? All
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Reviews, recommends and approves the Annual
Action Plan
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4 Agency/Group/Organization HOMELESS EMERGENCY PROJECT, INC.
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Identification of Need
5 Agency/Group/Organization City of Clearwater City Council
Agency/Group/Organization Type Civic Leaders
What section of the Plan was addressed by Consultation? All
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Public Hearings and Approval of Strategies
6 Agency/Group/Organization Community Housing Development Organizations
(CHDOs)
Agency/Group/Organization Type Housing
Regional organization
What section of the Plan was addressed by Consultation? Housing Need Assessment
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Identification of Need
8 Agency/Group/Organization DIRECTIONS FOR MENTAL HEALTH, INC.
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs
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Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Identification of Need
9 Agency/Group/Organization HABITAT FOR HUMANITY OF PINELLAS, INC.
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Identification of Need
10 Agency/Group/Organization PINELLAS OPPORTUNITY COUNCIL - CHORE
SERVICES
Agency/Group/Organization Type Services-Elderly Persons
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Identification of Need
11 Agency/Group/Organization RELIGIOUS COMMUNITY SERVICES, INC.
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Identification of Need
12 Agency/Group/Organization Clearwater Housing Authority
Agency/Group/Organization Type PHA
What section of the Plan was addressed by Consultation? Public Housing Needs
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Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Identification of Need, Referrals
13 Agency/Group/Organization R'Club Child Care, Inc.
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by Consultation? Children Services
Briefly describe how the Agency/Group/Organization was consulted. What are the
anticipated outcomes of the consultation or areas for improved coordination?
Identification of Need
Identify any Agency Types not consulted and provide rationale for not consulting
The City of Clearwater consulted with the lead agency for the CoC, local and county PHAs, affordable housing providers, various social service
providers, city departments, and civic leaders. The City also consulted with the general public to include very-low to moderate-income residents
and other entities impacted by housing and community development activities. Community meetings were noticed by email, City website and
public hearings which were noticed in the newspaper. Other agencies and organizations not directly consulted with were consulted indirectly by
research of published plans and reports.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Pinellas County Homeless
Leadership Board Homelessness/Preventing and reducing homelessness within the City of Clearwater
State Housing Initiatives
Partnership
City of Clearwater/State of
Florida
Housing/providing decent affordable housing (identification of barriers and
incentives strategy through Local Housing Incentives Strategy and Local Housing
Assistance Plan)
Clearwater Florida: A New
Vision (Imagine Clw) Urban Land Institute (ULI) Housing/Providing decent affordable housing; Economic Development/Creating
economic opportunities
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Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Comprehensive Economic
Development Plan
Tampa Bay Regional
Planning Council Economic Development/Creating economic opportunities
Table 3 – Other local / regional / federal planning efforts
Narrative (optional)
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
The City conducted a technical assistance workshop for program applicants, two public hearings with the Neighborhood and Affordable Housing
Advisory Board (NAHAB), and one public hearing with the City Council. The purpose of this process was to receive citizen input on current
housing and community development needs of the city.
Citizen Participation Outreach
Sort Orde
r
Mode of Outreac
h
Target of Outrea
ch
Summary of
response/attendan
ce
Summary of
comments receiv
ed
Summary of commen
ts not accepted
and reasons
URL (If applicable)
2 Newspaper Ad
Non-
targeted/broad
community
February 23, 2018
NOFA
Notice of Funding
Availability N/A N/A
3 Newspaper Ad
Non-
targeted/broad
community
March 2, 2018
Notice of Annual
Action Plan
Application Meeting
Notice of Annual
Action Plan
Application
Meeting
N/A N/A
4 Public Hearing
Non-
targeted/broad
community
April 10, 2018
NAHAB Meeting
NAHAB
Subrecipient
Presentations
All Comments
Recorded; see
Appendix
N/A
5 Newspaper Ad
Non-
targeted/broad
community
April 27, 2018
Notice of
Proposed Funding
and NAHAB
Meeting
N/A N/A
Annual Action Plan
2018
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Sort Orde
r
Mode of Outreac
h
Target of Outrea
ch
Summary of
response/attendan
ce
Summary of
comments receiv
ed
Summary of commen
ts not accepted
and reasons
URL (If applicable)
6 Public Hearing
Non-
targeted/broad
community
May 8, 2018 NAHAB
Meeting
NAHAB Approval
of Recommended
Allocations
All Comments
Recorded; see
Appendix
N/A
7 Newspaper Ad
Non-
targeted/broad
community
June 22, 2018
Notice of 30-Day
Public Comment
Period
N/A N/A
8
30-Day Public
Comment
Period)
Non-
targeted/broad
community
June 22, 2018 thru
July 23, 2018
None Received
During the 30-Day
Period
All Comments
Recorded; See
Appendix
www.myclearwater.co
m
9 Public Hearing
Non-
targeted/broad
community
July 10, 2018
NAHAB Meeting
NAHAB Adoption
of Annual Action
Plan
All Comments
Recorded; See
Appendix
10 Public Hearing
Non-
targeted/broad
community
August 2, 2018 City
Council Meeting
Council Input on
Plan/Approval
All Comments
Recorded; See
Appendix
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The Annual Action Plan must identify the federal, state, local and private resources expected to be available to the City to address priority needs
and specific objectives identified in the Consolidated Plan.
The City of Clearwater is expected to receive an allocation of $740,943 in CDBG funding for the 2018/2019 program year. Program income for
CDBG from the same year is expected to be $230,000 comprised of $190,000 from repayment of CDBG funds and $40,000 from the Revolving
Loan Fund. Prior-year CDBG resources is expected to be $848,865 from reprogrammed entitlement funding and $475,000 from the Revolving
Loan Fund. CDBG and Revolving Loan funds will be used for housing and community development activities including, but not limited to,
acquistion, rehabilitation, public services and facilities, economic development, administration and activity delivery of the City's CDBG program.
The City of Clearwater is expected to receive an allocation of $383,146 in HOME funding for the 2018/2019 program year. Program income for
HOME is expected to be $750,000, with $1,390,483 in prior-year resources. HOME funds will be used for housing activities including, but not
limited to, acquisition, rehabilitation, new construction, administration of the City's HOME program and CHDO support.
The expected amount available during the remainder of the Consolidated Plan (2018/2019-2019/2020) is based on an estimated annual
allocation of $740,000 in CDBG funds and $380,000 in HOME funds for each of the subsequent program years. This results in an estimated total
funding amount of $1,479,665 and $693,279, respectively, over the remaining one-year period.
Other resources, such as private and non-Federal public sources may become available to the City of Clearwater during the program year. For
CDBG leveraging, these include funding from State Housng Initiatives Partnership (SHIP) Program, Community Redevelopment Agency (CRA), City
Departments (e.g. Engineering, Parks and Recreation), public or social service providers, or other sources. The City will also look to leverage
funds, if available, from SHIP, Community Housing Development Organizations (CHDOs), Public Housing Authority (PHA), or other agencies and
programs as a match to HOME dollars.
The Annual Action Plan must summarize the City’s priorities and the specific goals it intends to initiate and/or complete within the third year of
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the Consolidated Plan. These goals must be described in quantitative terms. The City of Clearwater has selected goal outcome indicators and
quantities based on the anticipated performance measures of the 2018/2019 Annual Action Plan.
Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
740,943 230,000 1,323,865 2,294,808 1,479,665
The Federal CDBG allocation will be used
for housing and community development
activities. Funding from other sources may
be leveraged against CDBG dollars for
public benefit. Note: Program income
projections are estimated amounts from
the CDBG and Revolving Loan funds and
actual amounts may differ if larger sums
are received from loan payoffs. Prior year
resources amounts were estimated based
on activities to be encumbered by the end
of September 2018. These amounts will be
updated during the 2018 program year
close-out.
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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction for
ownership
TBRA 383,146 750,000 1,390,483 2,523,629 693,279
The Federal HOME allocation will be used
for housing activities. Funding from other
sources may be leveraged against HOME
dollars for public benefit. Note: Program
incomes projections are estimated
amounts and actual amounts may differ if
larger sums are received from loan payoffs.
Prior year resources amounts were
estimated based on activities to be
encumbered by the end of September
2018. These amounts will be updated
during the 2018 program year close-out.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
The City will look to leverage funds, if available, from SHIP, Community Redevelopment Agency (CRA), City Departments (e.g. Engineering, Parks
and Recreation), public or social service providers or other sources against CDBG dollars. The City will look to leverage private funds, if available,
from lending institutions, homeowner contributions and public funds from SHIP, Public Housing Authorities (PHAs) and other agencies and
programs as a match to HOME dollars.
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If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
The City of Clearwater owns a number of properties within low- and moderate-income areas of its
jurisdiction. The City also maintains an Affordable Housing Inventory List that is updated every three
years by City resolution. This is a list of city-owned properties that may be available for development of
affordable housing. As of June 2018, there are seven properties on the list: 918 Palmetto St., 1011
LaSalle St., 1317 N. Martin Luther King, Jr. Avenue, 1002 LaSalle St., 1408 Monroe Avenue, 1112 Palm
Bluff St., and 1415 Taft Avenue. These properties are all located in the North Greenwood Neighborhood
Revitalization Strategy Area.
Discussion
The City of Clearwater's anticipated funding allocation from CDBG and HOME will address many of the
City's goals, including Housing, Homelessness, Non-Homeless Special Needs, Community Development
and Public Services, and Economic Development. The City is fortunate to have a network of public and
nonprofit social service providers to help address these goals through financial leveraging, as well as
other potential non-federal and state funding sources such as SHIP, Pinellas County Housing Trust
Fund, the Community Redevelopment Agency (CRA), city departments, Community Housing
Development Organizations (CHDOs) and other agency and program funding.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
1 Program
Administration
2016 2019 Program
Administration
Citywide Low- and
Moderate-Income
Areas
Lake Bellevue
Neighborhood
Revitalization
Strategy Area
East Gateway
District
Neighborhood
Revitalization
Strategy Area
North Greenwood
Neighborhood
Revitalization
Strategy Area
Program
Administration
CDBG:
$186,188
HOME:
$113,314
Other: 0 Other
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
2 Housing 2016 2019 Affordable
Housing
Citywide Low- and
Moderate-Income
Areas
Lake Bellevue
Neighborhood
Revitalization
Strategy Area
East Gateway
District
Neighborhood
Revitalization
Strategy Area
North Greenwood
Neighborhood
Revitalization
Strategy Area
Homeowner
Assistance
Multi-Family New
Construction
Owner-Occupied
Housing
Rehabilitation
Renter-Occupied
Housing
Rehabilitation
Single-Family
New
Construction
CDBG:
$724,000
HOME:
$2,097,036
Public service activities for
Low/Moderate Income
Housing Benefit: 55
Households Assisted
Rental units constructed: 5
Household Housing Unit
Rental units rehabilitated: 5
Household Housing Unit
Homeowner Housing Added:
20 Household Housing Unit
Homeowner Housing
Rehabilitated: 6 Household
Housing Unit
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
3 Homelessness 2016 2019 Homeless Citywide Low- and
Moderate-Income
Areas
Lake Bellevue
Neighborhood
Revitalization
Strategy Area
East Gateway
District
Neighborhood
Revitalization
Strategy Area
North Greenwood
Neighborhood
Revitalization
Strategy Area
Case
Management
Homeless
Facilities and
Shelters
Homeless
Services for
Youth
Mental Health
Services
CDBG:
$55,910
HOME: $0
Homeless Person Overnight
Shelter: 2301 Persons Assisted
Annual Action Plan
2018
21
OMB Control No: 2506-0117 (exp. 06/30/2018)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
4 Non-Homeless
Special Needs
2016 2019 Non-Homeless
Special Needs
Citywide Low- and
Moderate-Income
Areas
Lake Bellevue
Neighborhood
Revitalization
Strategy Area
East Gateway
District
Neighborhood
Revitalization
Strategy Area
North Greenwood
Neighborhood
Revitalization
Strategy Area
Senior Services CDBG:
$20,350
HOME: $0
Public service activities other
than Low/Moderate Income
Housing Benefit: 32 Persons
Assisted
Annual Action Plan
2018
22
OMB Control No: 2506-0117 (exp. 06/30/2018)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
5 Community
Development and
Public Services
2016 2019 Non-Housing
Community
Development
Citywide Low- and
Moderate-Income
Areas
Lake Bellevue
Neighborhood
Revitalization
Strategy Area
East Gateway
District
Neighborhood
Revitalization
Strategy Area
North Greenwood
Neighborhood
Revitalization
Strategy Area
Case
Management
Health Services
Homeless
Facilities and
Shelters
Mental Health
Services
Services for
Persons with
Disabilities
Substance Abuse
Services
Youth Services
CDBG:
$203,695
HOME: $0
Public Facility or Infrastructure
Activities other than
Low/Moderate Income
Housing Benefit: 5036 Persons
Assisted
Public service activities other
than Low/Moderate Income
Housing Benefit: 415 Persons
Assisted
Public service activities for
Low/Moderate Income
Housing Benefit: 353
Households Assisted
Annual Action Plan
2018
23
OMB Control No: 2506-0117 (exp. 06/30/2018)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
6 Economic
Development
2016 2019 Economic
Development
Citywide Low- and
Moderate-Income
Areas
Lake Bellevue
Neighborhood
Revitalization
Strategy Area
East Gateway
District
Neighborhood
Revitalization
Strategy Area
North Greenwood
Neighborhood
Revitalization
Strategy Area
Building Facade
Improvements
Economic
Opportunity
CDBG:
$135,000
HOME: $0
Facade treatment/business
building rehabilitation: 2
Business
Businesses assisted: 75
Businesses Assisted
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Program Administration
Goal
Description
Funds provided for program administration to implement the City’s five (5) remaining goals. Program administration
addresses all outcomes, objectives and priority needs. Twenty percent (20%) of CDBG Entitlement Grant and ten percent
(10%) of HOME Entitlement Grant will be reserved for administration and planning activities; includes program income.
Annual Action Plan
2018
24
OMB Control No: 2506-0117 (exp. 06/30/2018)
2 Goal Name Housing
Goal
Description
Funds provided for the availability of, and access to, decent affordable housing for the residents of the City of Clearwater.
3 Goal Name Homelessness
Goal
Description
Funds provided to assist in the prevention and reduction of homelessness in the City of Clearwater.
4 Goal Name Non-Homeless Special Needs
Goal
Description
Funds provided to expand the accessibility and coordination of social services to City of Clearwater special needs
populations.
5 Goal Name Community Development and Public Services
Goal
Description
Funds provided to enhance the living environment for persons in low- and moderate-income areas through community
development activities, public service programs and elimination of blight.
6 Goal Name Economic Development
Goal
Description
Funds proovided for support programs that create economic opportunities in the City of Clearwater, particularly for persons
of low- and moderate-income and in Neighborhood Revitalization Strategy Areas.
Annual Action Plan
2018
25
OMB Control No: 2506-0117 (exp. 06/30/2018)
Projects
AP-35 Projects – 91.220(d)
Introduction
The City's planned actions for the 2018/2019 Annual Action Plan are intended to support housing and
community development for the City's low- and moderate-income populations as well as the City's
homeless and special needs groups.
The City will continue to operate its CDBG and HOME programs through the Economic Development and
Housing Department, which will continue to provide funding for housing rehabilitation, homeownership
assistance and blight prevention/elimination. These actions will further the goal of improving the
availability and accessibility of affordable housing in Clearwater.
The City will continue to coordinate with public or social service providers to prevent homelessness and
promote access to public services for special needs populations generally assumed to be low- and
moderate-income.
During the 2018/2019 program year, the City will fund activities that address the needs of the homeless
and those at risk of becoming homeless, the elderly, persons with disabilities, victims of domestic
violence, youth and families of low- and moderate-income. Planned community development activities
include service provider facility improvements.
See map titled, "Project Locations Map" in the Appendix.
Projects
# Project Name
1 Tampa Bay Community Development Corporation (Down Payment Assistance)
2 Housing and Education Alliance, Inc. (Down Payment Assistance)
3 Clearwater Neighborhood Housing Services, Inc. (Down Payment Assistance)
4 Habitat For Humanity of Pinellas County, Inc. (Single Family Homes)
5 CHDO 15% Set-Aside
6 Revolving Loan Program (Rehabilitation)
7 Revolving Loan Program (Infill)
8 Habitat For Humanity of Pinellas County, Inc. (Lake Bellevue Project)
9 Business Development (Facade Improvements)
10 Tampa Bay Black Business Investment Corporation (Technical Assistance)
11 Hispanic Business Initiative Fund of Florida, Inc. dba Prospera (Technical Assistance)
12 Clearwater Neighborhood Housing Services, Inc. (Homebuyer Education)
Annual Action Plan
2018
26
OMB Control No: 2506-0117 (exp. 06/30/2018)
# Project Name
13 Housing and Education Alliance, Inc. (Homebuyer Education)
14 Tampa Bay Community Development Corporation (Homebuyer Education)
15 Intercultural Advocacy Institute, Inc. (Youth Services)
16 Pinellas Opportunity Council, Inc. (Elder Services)
17 Safety Harbor Neighborhood Family Center (Youth Services)
18 Gulfcoast Legal Services, Inc. (Legal Services)
19 Westcare GulfCoast, Inc. (Substance Abuse)
20 Homeless Emergency Project, Inc. (Homeless Shelter)
21 Religious Community Services Pinellas, Inc. (Homeless Shelter)
22 Directions For Living (Public Facilities)
23 St. Vincent dePaul Community Kitchen and Resource Center (Public Facilities)
24 R'Club Child Care - Whitney Early Learning Academy (Public Facilities)
25 Clearwater Neighborhood Housing Services, Inc. (Public Facilities)
26 Housing Pool Activity - Acquisition
27 Housing Pool Activity - Renter-Occupied Housing Rehabilitation
28 Housing Pool Activity - Multi-Family New Construction
29 Housing Pool Activity - Single-Family New Construction
30 CDBG Administration/Planning
31 HOME Administration/Planning
32 Activity Delivery - Rehabilitation
33 Activity Delivery - Infill
Table 7 - Project Information
Annual Action Plan
2018
27
OMB Control No: 2506-0117 (exp. 06/30/2018)
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The allocation priorities are focused on the six goals of the Strategic Plan: Program Administration,
Housing, Homelessness, Non-Homelessness Special Needs, Community Development and Public
Services, and Economic Development. Total funding for public services is capped at fifteen percent
(15%) of the total CDBG allocation; total funding for activities related to administration is capped at
twenty percent (20%) for CDBG and ten percent (10%) for HOME including program income.
Strategic Plan Goal: CDBG + HOME (% of Total Award)*
Program Administration (Includes Program Income Admin): $349,502 (10%)
Housing: $2,821,036 (79%)
Homelessness: $55,910 (.05%)
Non-Homeless Special Needs: $20,350 (.05%)
Community Development and Public Services: $203,695 (6%)
Economic Development: $135,000 (4%)
*Includes program income, admin from program income and prior year resources. Percentages rounded
to equal 100%.
In recent years, spurred by a nation-wide recession, reduced revenues have plagued all levels of
government (federal, state, and local). These reduced revenues have hindered the City's ability to meet
the needs of lower-income residents. Another obstacle to meeting underserved needs, is the generally
increasing demand for public services that is placing an additional burden on public service agencies
within the City.
The lack of available land and rapidly rising housing prices will continue to put constraints on the City's
ability to provide affordable housing. Rapidly rising prices will also increase the need for affordable
rental units for households being priced out of the owner market. The need for affordable rental
projects will also increase as rents for high-end apartments increase.
Annual Action Plan
2018
28
OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-38 Project Summary
Project Summary Information
Annual Action Plan
2018
29
OMB Control No: 2506-0117 (exp. 06/30/2018)
1 Project Name Tampa Bay Community Development Corporation (Down Payment
Assistance)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Homeowner Assistance
Funding HOME: $15,000
Description Funds to sponsor the processing of down payment assistance loans
to eligible households.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Fifteen (15) low- to moderate-income families.
Location Description N/A
Planned Activities Homeownership Assistance (Down Payment Assistance)
2 Project Name Housing and Education Alliance, Inc. (Down Payment Assistance)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Homeowner Assistance
Funding HOME: $20,000
Description Funds to sponsor the processing of down payment assistance loans
to eligible households.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Twenty (20) low- to moderate-income families.
Location Description N/A
Annual Action Plan
2018
30
OMB Control No: 2506-0117 (exp. 06/30/2018)
Planned Activities Homeownership Assistance (Down Payment Assistance)
3 Project Name Clearwater Neighborhood Housing Services, Inc. (Down Payment
Assistance)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Homeowner Assistance
Funding HOME: $20,000
Description Funds to sponsor the processing of down payment assistance loans
to eligible households.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Twenty (20) low- to moderate-income families.
Location Description N/A
Planned Activities Homeowner Assistance (Down Payment Assistance)
4 Project Name Habitat For Humanity of Pinellas County, Inc. (Single Family Homes)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Homeowner Assistance
Single-Family New Construction
Funding CDBG: $99,000
Description Funds for the acquisition of four (4) single family lots for affordable
housing construction.
Target Date
Annual Action Plan
2018
31
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and
type of families that will
benefit from the proposed
activities
Four (4) low- to moderate-income families.
Location Description N/A
Planned Activities Construction of new housing
5 Project Name CHDO 15% Set-Aside
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Owner-Occupied Housing Rehabilitation
Funding HOME: $57,472
Description Funds mandated to local CHDO to carry-out housing activities.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
One (1) low- to moderate-income family.
Location Description N/A
Planned Activities Acquisition and rehabilitation of a single-family home
6 Project Name Revolving Loan Program (Rehabilitation)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Owner-Occupied Housing Rehabilitation
Funding CDBG: $225,000
Description Funds provided as loans to eligible homeowners for rehabilitation
housing activities.
Target Date
Annual Action Plan
2018
32
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and
type of families that will
benefit from the proposed
activities
Five (5) low- to moderate-income families.
Location Description N/A
Planned Activities Rehabilitation
7 Project Name Revolving Loan Program (Infill)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Single-Family New Construction
Funding CDBG: $250,000
Description Funds provided for land acquisition activities for affordable housing
development.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Two (2) low- to moderate-income families.
Location Description N/A
Planned Activities Acquisition
8 Project Name Habitat For Humanity of Pinellas County, Inc. (Lake Bellevue Project)
Target Area Lake Bellevue Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Single-Family New Construction
Funding HOME: $1,200,000
Description Funds provided as a loan for construction of single-family homes
and/or townhomes.
Target Date
Annual Action Plan
2018
33
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and
type of families that will
benefit from the proposed
activities
Ten (10) low- to moderate-income families.
Location Description 1454 South Martin Luther King, Jr. Avenue
Planned Activities New Construction
9 Project Name Business Development (Facade Improvements)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Economic Development
Needs Addressed Building Facade Improvements
Economic Opportunity
Funding CDBG: $80,000
Description Funds provided to support two (2) facade improvement projects.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
N/A
Location Description N/A
Planned Activities Building Facade Improvements
10 Project Name Tampa Bay Black Business Investment Corporation (Technical
Assistance)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Economic Development
Needs Addressed Economic Opportunity
Funding CDBG: $25,000
Description Funds provided for salary support of a Business Development
Consultant.
Target Date
Annual Action Plan
2018
34
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and
type of families that will
benefit from the proposed
activities
Fifty (50) low- to moderate-income individuals.
Location Description N/A
Planned Activities Economic Development; Technical Assistance for Low to Moderate-
Income Entrepreneurs
11 Project Name Hispanic Business Initiative Fund of Florida, Inc. dba Prospera
(Technical Assistance)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Economic Development
Needs Addressed Economic Opportunity
Funding CDBG: $30,000
Description Funds provided for salary support and fringe benefits to provide
technical assistance to start-ups and micro and small business
owners.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Twenty-five (25) low- to moderate-income individuals.
Location Description N/A
Planned Activities Economic Development; Technical Assistance for Low- to Moderate-
Income Entrepreneurs
12 Project Name Clearwater Neighborhood Housing Services, Inc. (Homebuyer
Education)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Community Development and Public Services
Needs Addressed Homeowner Assistance
Annual Action Plan
2018
35
OMB Control No: 2506-0117 (exp. 06/30/2018)
Funding CDBG: $3,128
Description Funds provided for costs associated with homebuyer education and
counseling.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Forty-five (45) low- to moderate-income individuals.
Location Description N/A
Planned Activities Housing Counseling
13 Project Name Housing and Education Alliance, Inc. (Homebuyer Education)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Community Development and Public Services
Needs Addressed Homeowner Assistance
Funding CDBG: $3,128
Description Funds provided for costs associated with homebuyer education and
counseling.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Forty-five (45) low- to moderate-income individuals.
Location Description N/A
Planned Activities Housing Counseling
14 Project Name Tampa Bay Community Development Corporation (Homebuyer
Education)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Community Development and Public Services
Annual Action Plan
2018
36
OMB Control No: 2506-0117 (exp. 06/30/2018)
Needs Addressed Homeowner Assistance
Funding CDBG: $3,128
Description Funds provided for costs associated with homebuyer education and
counseling.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Forty-five (45) low- to moderate-income individuals.
Location Description N/A
Planned Activities Housing Counseling
15 Project Name Intercultural Advocacy Institute, Inc. (Youth Services)
Target Area Citywide Low- and Moderate-Income Areas
East Gateway District Neighborhood Revitalization Strategy Area
Goals Supported Community Development and Public Services
Needs Addressed Youth Services
Funding CDBG: $20,350
Description Funds provided for salary support and fringe benefits for a Family
Facilitator, child care support and driver to implement the Youth
Leadership Partnership program.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Forty (40) low- to moderate-income individuals.
Location Description N/A
Planned Activities Public Services; Youth Services
16 Project Name Pinellas Opportunity Council, Inc. (Elder Services)
Target Area Citywide Low- and Moderate-Income Areas
Goals Supported Non-Homeless Special Needs
Needs Addressed Senior Services
Services for Persons with Disabilities
Funding CDBG: $20,350
Annual Action Plan
2018
37
OMB Control No: 2506-0117 (exp. 06/30/2018)
Description Funds provided for cleaning and minor repair for elderly persons age
65 and over.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Thirty-two (32) very-low to low-income individuals.
Location Description N/A
Planned Activities Public Services; Elder Services
17 Project Name Safety Harbor Neighborhood Family Center (Youth Services)
Target Area Citywide Low- and Moderate-Income Areas
Goals Supported Community Development and Public Services
Needs Addressed Youth Services
Funding CDBG: $17,808
Description Funds provided for a Computer Specialist, Administrative Assistant
and a driver to implement the Bridge the Gap program.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Three-hundred and fifty (350) low- to moderate-income individuals.
Location Description N/A
Planned Activities Public Services; Youth Services
18 Project Name Gulfcoast Legal Services, Inc. (Legal Services)
Target Area Citywide Low- and Moderate-Income Areas
Goals Supported Community Development and Public Services
Needs Addressed Legal Services
Funding CDBG: $17,808
Description Funds provided for salary support and fringe benefits for a staff
attorney, paralegal and legal secretary to represent clients for the
Housing Preservation program.
Target Date
Annual Action Plan
2018
38
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and
type of families that will
benefit from the proposed
activities
Twenty-five (25) low- to moderate-income individuals.
Location Description N/A
Planned Activities Public Services; Legal Services
19 Project Name Westcare GulfCoast, Inc. (Substance Abuse)
Target Area Citywide Low- and Moderate-Income Areas
Goals Supported Homelessness
Needs Addressed Substance Abuse Services
Homeless Facilities and Shelters
Funding CDBG: $8,480
Description Funds provided for salary support and fringe benefits for a Case
Manager to administer the Turning Point program.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
One thousand nine-hundred and ninety-nine (1,099) very-low to low-
income individuals.
Location Description N/A
Planned Activities Public Services; Substance Abuse and Homelessness
20 Project Name Homeless Emergency Project, Inc. (Homeless Shelter)
Target Area Citywide Low- and Moderate-Income Areas
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Homelessness
Needs Addressed Homeless Facilities and Shelters
Funding CDBG: $8,480
Description Funds provided for salary support and fringe benefits for a Case
Manager in the Emergency Shelter program.
Target Date
Annual Action Plan
2018
39
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and
type of families that will
benefit from the proposed
activities
Eight-hundred and fifty-seven (857) very-low to moderate-income
individuals.
Location Description 1120 North Betty Lane, Clearwater, FL 33755
Planned Activities Public Services; Homeless Services
21 Project Name Religious Community Services Pinellas, Inc. (Homeless Shelter)
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
Goals Supported Homelessness
Needs Addressed Homeless Facilities and Shelters
Funding CDBG: $8,480
Description Funds provided for salary support and fringe benefits to support
homeless shelter services at Grace House.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
One hundred and seventy (170) low- to moderate-income
individuals.
Location Description 503 South Martin Luther King, Jr. Avenue, Clearwater, FL 33756
Planned Activities Public Services; Homeless Services
22 Project Name Directions For Living (Public Facilities)
Target Area Citywide Low- and Moderate-Income Areas
Goals Supported Community Development and Public Services
Needs Addressed Mental Health Services
Funding CDBG: $102,000
Description Funds provided for removal of two storage rooms, elimination of a
room that was used previously for a call center, renovation of a large
seating area to create a full-size training space and inspection
services required by the City of Clearwater.
Target Date
Annual Action Plan
2018
40
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and
type of families that will
benefit from the proposed
activities
Over Five thousand (>5,000) very-low to moderate-income
individuals.
Location Description 1437 South Belcher Road, Clearwater, FL 33764
Planned Activities Public Facilities; Mental Health Services
23 Project Name St. Vincent dePaul Community Kitchen and Resource Center (Public
Facilities)
Target Area East Gateway District Neighborhood Revitalization Strategy Area
Goals Supported Homelessness
Needs Addressed Homeless Facilities and Shelters
Case Management
Funding CDBG: $30,470
Description Funds provided for replacement of two air conditioning systems.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
One hundred seventy-five (175) individuals.
Location Description 1345 Park Street, Clearwater, FL 33756
Planned Activities Public Facilities; Community Outreach
24 Project Name R'Club Child Care - Whitney Early Learning Academy (Public Facilities)
Target Area Citywide Low- and Moderate-Income Areas
Goals Supported Community Development and Public Services
Needs Addressed Youth Services
Funding CDBG: $25,845
Description Funds provided for new duct work, install a gravel parking lot for
expanded parking, installation of an adult restroom to include basin
and toilet and inspection services required by the City of Clearwater.
Target Date
Annual Action Plan
2018
41
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and
type of families that will
benefit from the proposed
activities
Thirty-six (36) very-low to moderate-income households.
Location Description 2886 Whitney Road, Clearwater, FL 33760
Planned Activities Public Facilities; Youth Services
25 Project Name Clearwater Neighborhood Housing Services, Inc. (Public Facilities)
Target Area Citywide Low- and Moderate-Income Areas
Goals Supported Community Development and Public Services
Needs Addressed Community Outreach and Safety
Funding CDBG: $10,500
Description Funds provided to rehabilitate a restroom and inspection services
required by the City of Clearwater.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
One hundred (100) low- to moderate-income individuals.
Location Description 608 North Garden Avenue, Clearwater, FL 33755
Planned Activities Public Facilities; Housing Education
26 Project Name Housing Pool Activity - Acquisition
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Single-Family New Construction
Funding CDBG: $100,000
Description Funds provided for acquisition of land for new construction.
Target Date
Annual Action Plan
2018
42
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and
type of families that will
benefit from the proposed
activities
Two (2) low- to moderate-income families
Location Description N/A
Planned Activities Acquisition
27 Project Name Housing Pool Activity - Renter-Occupied Housing Rehabilitation
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Renter-Occupied Housing Rehabilitation
Funding HOME: $250,000
Description Funds provided for renter-occupied rehabilitation.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Five (5) low- to moderate-income families
Location Description N/A
Planned Activities Renter-Occupied Rehabilitation
28 Project Name Housing Pool Activity - Multi-Family New Construction
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed
Funding HOME: $200,000
Description Funds provided for multi-family new construction.
Target Date
Annual Action Plan
2018
43
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and
type of families that will
benefit from the proposed
activities
Five (5) low- to moderate-income families
Location Description N/A
Planned Activities Multi-Family New Construction
29 Project Name Housing Pool Activity - Single-Family New Construction
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Single-Family New Construction
Funding HOME: $250,000
Description Funds provided for single-family new construction.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Two (2) low- to moderate-income families
Location Description N/A
Planned Activities Single-Family New Construction
30 Project Name CDBG Administration/Planning
Target Area Citywide Low- and Moderate-Income Areas
Goals Supported Program Administration
Needs Addressed Program Administration
Funding CDBG: $148,188
Description Funds provided for City staff costs related to the administration of
the CDBG Program.
Target Date
Annual Action Plan
2018
44
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and
type of families that will
benefit from the proposed
activities
N/A
Location Description N/A
Planned Activities Program Administration
31 Project Name HOME Administration/Planning
Target Area Citywide Low- and Moderate-Income Areas
Goals Supported Program Administration
Needs Addressed Program Administration
Funding HOME: $38,314
Description Funds provided for City staff costs related to the administration of
the HOME Program.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
N/A
Location Description N/A
Planned Activities Program Administration
32 Project Name Activity Delivery - Rehabilitation
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Owner-Occupied Housing Rehabilitation
Funding CDBG: $12,500
Description Funds provided for City staff costs for project delivery of the
Rehabilitation Program.
Target Date
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Estimate the number and
type of families that will
benefit from the proposed
activities
Five (5) low- to moderate-income families
Location Description N/A
Planned Activities Project Delivery Administration
33 Project Name Activity Delivery - Infill
Target Area Citywide Low- and Moderate-Income Areas
Lake Bellevue Neighborhood Revitalization Strategy Area
East Gateway District Neighborhood Revitalization Strategy Area
North Greenwood Neighborhood Revitalization Strategy Area
Goals Supported Housing
Needs Addressed Single-Family New Construction
Funding CDBG: $37,500
Description Funds provided for City staff costs related to the project delivery of
the Infill Program.
Target Date
Estimate the number and
type of families that will
benefit from the proposed
activities
Fifteen (15) low- to moderate-income families.
Location Description N/A
Planned Activities Project Delivery Administration
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
For the 2018/2019 Annual Action Plan, Clearwater will provide direct assistance to low- and moderate-
income areas and approved Neighborhood Revitalization Strategy Areas (NRSAs) of the City. The
geographic distribution of funding percentages may seem misleading since most projects are not solely
concentrated in a NRSA and are included on a city-wide low- and moderate income area. See the map
titled, "Low and Moderate Income Areas Map" in the Grantee Unique Appendices [attached hereto] for
a graphical representation of low- and moderate-income area locations. See the map titled, "Strategy
Areas Map" for the locations of the City's strategy areas.
Geographic Distribution
Target Area Percentage of Funds
Citywide Low- and Moderate-Income Areas 58
Lake Bellevue Neighborhood Revitalization Strategy Area 39
East Gateway District Neighborhood Revitalization Strategy Area 2
North Greenwood Neighborhood Revitalization Strategy Area 1
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
Four areas have been designated as either a Local Target Area or a Strategy Area within the City of
Clearwater. These are citywide low- and moderate-income areas, Lake Bellevue Neighborhood
Revitalization Strategy Area, East Gateway District Neighborhood Revitalization Strategy Area and North
Greenwood Neighborhood Revitalization Strategy Area. The designation of Local Target Area and
Strategy Area increases the potential for coordinated planning and investment. The areas selected for
the 2016/2017-2019/2020 Consolidated Plan were confirmed through the citizen participation process,
which included service provider and community meetings, as well as meetings with staff of the City’s
Economic Development and Housing Department. Each of these areas meets the eligibility requirements
for low- and moderate-income benefit. While Local Target Areas and Strategy Areas allow the City to
plan and invest in a coordinated manner, they do not limit the city from expending funds in other areas
of Clearwater that meet the eligibility requirements for low- and moderate-income benefit.
Discussion
The City of Clearwater has identified 33 projects to implement the goals of the Consolidated Plan during
the third year of the 2016/2017-2019/2020 Consolidated Plan. These projects benefit very-low
to moderate-income persons citywide and within the City’s Neighborhood Revitalization Strategy Areas.
Projects with citywide benefit include housing activities, homeless and public services, business
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development and administration and activity delivery of the CDBG and HOME programs.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The City places a high priority on providing homeownership opportunities within Clearwater. This goal
will be addressed, in part, by local non-profit organizations and developers that construct affordable
housing for lower-income, first-time homebuyers. In addition, the City will continue to deliver its
housing rehabilitation and down payment assistance programs and support homebuyer education and
fair housing activities.
The Annual Action Plan must specify goals for the number of homeless, non-homeless, and special needs
households to be supported within the program year. For the purposes of this section, the term
“affordable housing” is defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR
92.254 for homeownership. [This section replaces the former HUD Table 3B.]
One Year Goals for the Number of Households to be Supported
Homeless 2,301
Non-Homeless 5,701
Special-Needs 32
Total 8,034
Table 9 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through
Rental Assistance 0
The Production of New Units 25
Rehab of Existing Units 11
Acquisition of Existing Units 56
Total 92
Table 10 - One Year Goals for Affordable Housing by Support Type
Discussion
The City will continue to deliver its long-standing housing programs, including housing rehabilitation and
down payment assistance, coordinate with non-profit organizations and developers that construct
affordable housing and support homebuyer education and fair housing activities. These housing
activities will support 242 households through a combination of production of new units, rehabilitation
of existing units, down payment assistance and home buyer education.
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AP-60 Public Housing – 91.220(h)
Introduction
This section of the Annual Action Plan describes what actions the City of Clearwater will take during the
2018/2019 program year to carry out the public housing strategy identified in the Strategic Plan.
The Clearwater Housing Authority (CHA) administers housing assistance for low- and very-low income
persons in the greater Clearwater area. The operations of the CHA are funded through annual
appropriations provided by U.S. Department of Housing and Urban Development. Assistance includes
public housing, tenant-based vouchers (Housing Choice Vouchers or HCVs) and special purpose voucher
activities. Combined, these activities supply approximately 1,500 publicly assisted housing units in the
greater Clearwater area.
Actions planned during the next year to address the needs to public housing
The City works cooperatively with Pinellas County, the CHA and private entities in the provision of public
and subsidized housing within Clearwater. The CHA administers public housing for seniors and families
in addition to the Housing Choice Voucher (HCV) program that provides financial rental assistance to
eligible individuals and families based upon income. The CHA and other housing providers in the
community continuously seek to rehabilitate the supply of housing affordable to low- and very-low
income persons. The City of Clearwater will continue to coordinate housing referrals with the CHA, as
well as the Pinellas County Housing Authority, in the delivery of the City’s CDBG and HOME housing
programs.
Actions to encourage public housing residents to become more involved in management and
participate in homeownership
The CHA has an ongoing management program in place to involve residents in its operations.
Additionally, through the 2018/2019 Annual Action Plan, the City of Clearwater will support homebuyer
education, fair housing counseling and housing placement activities that facilitate the transition from
public housing to homeownership.
If the PHA is designated as troubled, describe the manner in which financial assistance will be
provided or other assistance
The CHA is not listed as troubled by HUD.
Discussion
Affordable housing needs are met by multiple service providers in the greater Clearwater area. The CHA
currently administers public housing units and tenant-based vouchers (HCVs). The City will continue to
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coordinate referrals with the CHA in order to connect very-low and low-income residents with housing
options.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i)
Introduction
This section of the Annual Action Plan describes the City of Clearwater one-year goal and the specific
actions steps it will undertake in the program year to carry out the homeless strategy identified in the
Strategic Plan. Additionally, this section addresses any activities related to the supportive housing needs
of non-homeless populations.
The Pinellas County Homeless Leadership Board serves as the lead agency for the Continuum of Care
(CoC) that addresses the needs of the homeless, and persons at risk of becoming homeless, in the
greater Clearwater area.
Consistent with the Consolidated Plan’s Strategic Plan, the City of Clearwater will pursue the goal of
helping to prevent and reduce homelessness within the City of Clearwater. It is the City’s objective to
support the activities of the Pinellas County Homeless Leadership Board and other members of the
region’s Continuum of Care (CoC), a countywide consortium of homeless service providers. For the
third year Action Plan, the City will support the following activities toward the goal of preventing and
reducing homelessness:
• Religious Community Services Pinellas, Inc. - Grace House – Shelter services for families facing
homelessness (170 persons assisted)
• Homeless Emergency Project, Inc. – Case management for an emergency shelter program (757
persons assisted)
• St Vincent dePaul Community Kitchen and Resource Center - Case management services for the
homeless (175 persons assisted)
• Westcare Gulfcoast Florida, Inc. - A Turning Point - Homeless Shelter – Case management for a
behavioral and mental health program serving the homeless (1,099 persons assisted)
In total, these activities will assist an estimated 2,201 persons during the third year Action Plan by either
preventing homelessness or reducing the duration of homelessness.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness
including
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
Annually, the Pinellas County Homeless Leadership Board conducts a Point-in-Time Homeless Report
and prepares a Homeless Assessment Report, both of which document the extent of homelessness in
the community. The City also received input on the needs of the homeless population through the
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Consolidated Plan citizen participation process and community survey. This year, the priority needs of
homeless persons include: homeless services for youth, mental health services, substance abuse
services, homeless facilities and shelters and case management.
For the third year Action Plan, the City of Clearwater will support three case management activities,
through the Homeless Emergency Project, Inc., Westcare Gulfcoast Florida, Inc. and Religious
Community Services, Inc. to assess the individual needs of homeless persons including the unsheltered.
HEP offers emergency shelter, Westcare Gulfcoast Florida, Inc. provides behavioral and mental health
services for the homeless and Religious Community Services, Inc. offers shelter services for families
facing homelessness.
Addressing the emergency shelter and transitional housing needs of homeless persons
As previously mentioned the Pinellas County Homeless Leadership Board annually conducts a Point-in-
Time Homeless Report and prepares a Homeless Assessment Report, both of which document the
extent of homelessness in the community. In addition to other metrics, these reports identify the
number of person or families in emergency shelter or transitional housing.
In the Clearwater area, homeless services such as emergency shelter and transitional housing are
provided by churches and non-profit organizations, including but not limited to Homeless Emergency
Project, Inc., The Kimberly Home, Inc., Boley Centers, Religious Community Services, Inc., Salvation Army
and Family Resources, Inc. (SafePlace2B), among others. Additionally, the Homeless Leadership Board
and the Pinellas Suncoast Transit Authority (PSTA) maintain an online map-based directory of
emergency shelter and transitional housing services, as well as food and clothing assistance, targeted to
homeless persons.
One of the City's goals in the Consolidated Plan is to prevent and reduce homelessness within the City of
Clearwater by supporting programs that offer shelter facilities and beds for the homeless, and by
assisting agencies that engage in homeless prevention and service programs. For the third year Action
Plan, the City will support shelter activities through Religious Community Services, Inc. - Grace
House, Homeless Emergency Project, Inc. and Westcare Gulfcoast Florida, Inc. which provide emergency
shelter and transitional housing.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The City will support, in coordination with the Pinellas County Homeless Leadership Board, activities to
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end chronic homelessness within the City of Clearwater. One strategy to ending chronic homelessness
in the community is to provide housing to individuals and families, regardless of whether or not they
have achieved common “prerequisites” to housing such as long-term sobriety. National research
around “Housing First” suggests that individuals and/or head of household members who have been
homeless are more successful in achieving self-sufficiency when housing stability is acquired first,
regardless of whether or not they are sober or financially self-sufficient in the beginning. Once their
housing situation is stabilized, their ability to achieve sobriety, financial self-sufficiency, or other
common barriers to housing stability dramatically improve.
For the third year Action Plan, the City has identified no specific activities to this end; however, the City
will support an array of activities that, when combined, may shorten the duration of homelessness, help
persons transition to more stable housing, and/or provide access to affordable housing. These activities
include case management, emergency shelter and transitional housing, behavioral and mental health
services, supportive services for the elderly, facilities for the disabled, referrals to appropriate housing
providers, affordable housing unit construction or rehabilitation, homebuyer education, down payment
assistance and access to economic opportunities.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: being discharged from publicly
funded institutions and systems of care (such as health care facilities, mental health facilities,
foster care and other youth facilities, and corrections programs and institutions); or, receiving
assistance from public or private agencies that address housing, health, social services,
employment, education, or youth needs.
For the third year Action Plan, the City has identified no specific activities to this end; however, the City
will support an array of activities that, when combined, may help low-income individuals and families
avoid becoming homeless. These activities include case management, emergency shelter and
transitional housing, behavioral and mental health services, supportive services for the elderly, facilities
for the disabled, referrals to appropriate housing providers, affordable housing unit construction or
rehabilitation, homebuyer education, down payment assistance and access to economic opportunities.
For the third year Action Plan, the City of Clearwater will continue to coordinate referrals for facilities
and services available in the community that support low-income individuals and families. In addition to
the programmed homeless activities at Religious Community Services - Grace House, Homeless
Emergency Project and Westcare Gulfcoast Florida, the City will support facility improvements and
public service activities at Directions For Living, St. Vincent dePaul, R'Club Child Care, Intercultural
Advocacy Institute, Safety Harbor Neighborhood Family Center and Westcare Gulfcoast.
The City will continue to work with housing and homeless service providers to implement a cohesive,
community-wide discharge coordination policy that can be successfully implemented to ensure that
persons being discharged from publicly funded agencies and institutions do not become homeless upon
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release. Examples of such efforts include the Pinellas County Sherriff Department’s Operation PAR,
which allows ex-inmates to receive substance abuse treatment; and the State’s “Transition from Prison
to Community Initiative” (TPCI).
Discussion
For the third year Action Plan, the City has programmed five homeless activities to address the need for
case management, emergency shelter and transitional housing, and behavioral and mental health
services, as well as referrals to appropriate housing providers and other assistance. The City will
continue to coordinate with the Pinellas County Homeless Leadership Board and the Continuum of Care
(CoC), including numerous homeless service providers operating in the greater Clearwater area.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
This section of the Annual Action Plan summarizes actions the City of Clearwater will undertake during
the program year to reduce barriers to affordable housing and influence whether the cost of housing or
the incentives to develop, maintain, or improve affordable housing are affected by public policies,
particularly those of the local jurisdiction. Such policies include land use controls, zoning ordinances,
building codes, and policies that affect the return on residential investment.
Actions it planned to remove or ameliorate the negative effects of public policies that serve
as barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment
The City of Clearwater has several programs that removes or ameliorate the negative effects of public
policies that are barriers to affordable housing. These programs are documented in the City’s 2018
Local Housing Assistance Plan (LHAP) and the related City of Clearwater 2017 Local Housing Incentives
Strategies (LHIS) report. The City’s ongoing actions to remove or ameliorate the barriers to affordable
housing, as identified in the City’s LHAP and LHIS documents, include the following:
• Expedited permitting
• Ongoing review process
• Allowance of flexible densities for affordable housing
• Reduction of parking setback requirements for affordable housing
• Allowance of flexible lot configurations, including zero-lot-line configuration for affordable
housing
• Preparation of a printed inventory of locally-owned public lands suitable for affordable housing
• Support of development near transportation hubs, major employment centers, and mixed-use
developments
See also SP-55, "Barriers to Affordable Housing" for more detailed explanations of the barriers to
affordable housing identified in the LHAP and LHIS documents.
Discussion:
The City of Clearwater will continue to implement the programs that it utilizes to remove or ameliorate
the negative effects of public policies that are barriers to affordable housing. The last Analysis of
Impediments to Fair Housing was conducted in FY 2017-2018 in conjunction with Pinellas County. In
order to ensure the continuation of Fair Housing practices, the City will continue to work closely with
Pinellas County on the preparation of the next Assessment of Fair Housing during the program years of
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the corresponding Consolidated Plan.
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AP-85 Other Actions – 91.220(k)
Introduction:
This section of the Annual Action Plan describes the City of Clearwater’s planned actions to carry out the
following strategies outlined in the Consolidated Plan:
• Foster and maintain affordable housing
• Evaluate and reduce lead-based paint hazards
• Reduce the number of poverty-level families
• Develop institutional structure
• Enhance coordination
In addition, the City has identified obstacles to meeting underserved needs and proposed actions to
overcome those obstacles.
Actions planned to address obstacles to meeting underserved needs
The major obstacle to meeting underserved needs is the lack of financial resources among housing and
public service providers that support the City’s institutional delivery structure.
To address such obstacles, the City of Clearwater will administer CDBG funds to pursue the goal of
enhancing the living environment for persons in low- and moderate-income areas through community
development activities, public service programs and the elimination of blight. Priority will be given to
the City’s Neighborhood Revitalization Strategy Areas, where need is greatest. The City will also pursue
the goal of expanding the accessibility and coordination of social services to the City of Clearwater
special needs population.
Programmed activities to meet underserved needs during the third year include, but are not limited to,
the following:
• St Vincent dePaul Community Kitchen & Resource Center, facility improvements benefitting the
homeless
• Directions For Living, facility improvements benefitting low- and moderate-income persons
• R'Club Child Care, Inc. - Whitney Early Learning Academy, facility improvements benefitting low-
income families and children
• Intercultural Advocacy Institute, Inc. Youth Leadership Partnership, benefitting very-low to low-
income families and children
• Pinellas Opportunity Council, CHORE Services program, benefitting the elderly
• Homeless Emergency Project, benefitting the homeless
• Westcare Gulfcoast-Florida, Inc. - A Turning Point Homeless Shelter, benefitting the homeless
• Religious Community Services Pinellas, Inc. - Grace House, benefitting the homeless
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Additional activities to meet underserved needs are described previously with regard to homelessness
(AP-65) and subsequently with regard to affordable housing and economic development (AP-85, as
follows).
Actions planned to foster and maintain affordable housing
Consistent with the Consolidated Plan’s Strategic Plan, the City will pursue the goal of providing
availability of, and access to, decent affordable housing for the residents of the City of Clearwater. The
City has programmed fifteen housing activities that meet the following objectives of the Consolidated
Plan:
• Preserve the existing housing stock
• Increase the availability of affordable housing units
• Assist qualified low- and moderate-income households to become homeowners through
supporting agencies that provide housing counseling
• Provide mortgage assistance for low- and moderate-income homebuyers
Programmed activities to foster and maintain affordable housing during the third year include the
following:
• City of Clearwater, CDBG Acquisition
• City of Clearwater, HOME Multi-Family New Construction
• City of Clearwater, HOME Single-Family New Construction
• City of Clearwater, HOME Renter-Occupied Rehabilitation
• Community Housing Development Organization (CHDO), Acquisition and Rehabilitation of
Single-Family Homes
• Habitat for Humanity of Pinellas County Inc., Acquistion and Construction of New Single-
Family Homes
• Habitat for Humanity of Pinellas County, Inc., Lake Bellevue Project (10 New Single-Familiy
Homes)
• Revolving Loan Program - Rehabilitation, Loans for Homeowners
• Revolving Loan Program - Infill, Loans for Construction of Single-Family Homes
• Tampa Bay Community Development Corporation, Down Payment Assistance
• Tampa Bay Community Development Corporation, Homebuyer Education
• Housing Education Alliance, Down Payment Assistance
• Housng Education Alliance, Homebuyer Education
• Clearwater Neighborhood Housing Services, Down Payment Assistance
• Clearwater Neighborhood Housing Services, Homebuyer Education
These activities preserve the existing housing stock through rehabilitation of aging units, increase the
availability of affordable housing through new construction, and improve access to affordable housing
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through homebuyer education and down payment assistance for qualified low- and moderate-income
households.
Actions planned to reduce lead-based paint hazards
The City will continue to include lead-based paint education and mitigation measures in all housing
rehabilitation activities and, if needed, will identify and apply for additional funding resources to finance
abatement. Contractors are required to be trained and certified to supervise removal of lead-based
paint hazards in order to comply with HUD regulations. Furthermore, sub-recipients of the City’s CDBG
and HOME funding devise their own lead-based paint hazard programs to comply with HUD regulations
for rehabilitation projects.
Additionally, the City will continue to coordinate with agencies in the Clearwater area that screen
residents for elevated blood lead levels (EBL) and inspect housing units for lead-based paint hazards.
These agencies include the Pinellas County Health Department and the Clearwater and Pinellas County
housing authorities, among others.
Actions planned to reduce the number of poverty-level families
The City of Clearwater will continue to coordinate with a number of agencies that support poverty-level
families, homeless and non-homeless special needs populations, as well as to low- and moderate-
income families. Services include referrals to affordable housing, employment assistance/job training
and other activities to promote economic opportunity.
For the third year Action Plan, the City of Clearwater will support two activities, through Intercultural
Advocacy Institute and Safety Harbor Neighborhood Family Center, to provide family advocacy and
mentoring toward academic and employment success, as well as self-sufficiency. The Intercultural
Advocacy Institute serves Clearwater’s Hispanic community; whereas Safety Harbor Neighborhood
Family Center serves eastern Clearwater.
Additionally, the City of Clearwater will support two activities through Tampa Bay Black Business
Investment Corporation and the Hispanic Business Initiative Fund of Florida, Inc. dba Prospera, to
provide technical assistance to start-up micro and small business owners and fund two facade
improvements toward job creation and removal of slum and blight.
Actions planned to develop institutional structure
The City of Clearwater has a strong institutional delivery structure. The City will continue to work with
its own departments and various housing and public service providers, as well as partners of their
programs, in an effort to expand opportunities and to make continuous improvements to the
institutional structure. Continued actions will include solicitation of feedback on referral processes and
other means of coordination between such providers and the City of Clearwater.
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For the third year Action Plan, the City will support an array of activities that strengthen the institutional
structure’s ability to serve persons of very-low to moderate-income, persons with special needs, and the
homeless. These activities include case management, emergency shelter and transitional housing,
behavioral and mental health services, supportive services for the elderly, referrals to appropriate
housing providers, affordable housing unit construction or rehabilitation, homebuyer education, down
payment assistance and access to economic opportunities.
Actions planned to enhance coordination between public and private housing and social
service agencies
The City of Clearwater will continue to coordinate with housing and public service providers to develop
an effective institutional structure and enhance inter-agency coordination.
The City continues to work with regional housing authorities, such as the Clearwater Housing Authority
and Pinellas County Housing Authority, to improve access to public housing and tenant-based
assistance. Although funding for public housing authorities is limited, and competition for affordable
housing is high, these agencies continue to provide housing-related activities, such as rental assistance,
rehabilitation and new construction for low-income persons. Input from public housing authorities is
regularly solicited during preparation of the City’s Annual Action Plan.
Additionally, the City promotes coordination between non-profit and private for-profit housing
providers through its Neighborhood and Affordable Housing Advisory Board (NAHAB), through the SHIP-
mandated Affordable Housing Advisory Committee (AHAC) in conjunction with the LHAP and LHIS
reports, and through the Annual Action Plan process. Moreover, annual meetings in conjunction with
the Annual Action Plan provide an opportunity for these providers to interact.
Public service providers in the greater Clearwater area provide a wide array of services to very-low
to moderate-income persons. These organizations typically have a specific target population that they
serve (e.g. the homeless, persons with special needs, low-income families, etc.), and accordingly possess
a level of knowledge and expertise that is invaluable when identifying underserved needs. The
continuation and expansion of these public services will be encouraged over the third-year by means of
matching programs with funding, as available. The City recognizes that improved coordination between
housing and public service providers will continue to be critical action toward preventing homelessness.
Therefore, input from public service providers is regularly solicited during preparation of the City’s
Annual Action Plan.
Discussion:
For the third year Action Plan, the City will support activities that will address underserved needs
through community development and public services; foster and maintain affordable housing through
rehabilitation, new construction, and homebuyer assistance; reduce lead-based paint hazards through
responsible rehabilitation; reduce the number of poverty-level families through a combination of
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mentoring and economic development; and develop institutional structure through a network of
community partners, including the City and its departments. Additionally, the City will continue to
encourage coordination between public housing authorities, non-profit and private for-profit housing
providers, and public service providers through the NAHAB and AHAC, Annual Action Plan participation
and regular day-to-day referrals through the Economic Development and Housing Department.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
This section addresses the program-specific requirements for the Annual Action Plan.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before the start of the next
program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to
address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not
been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit
persons of low and moderate income.Overall Benefit - A consecutive period of one,
two or three years may be used to determine that a minimum overall benefit of 70%
of CDBG funds is used to benefit persons of low and moderate income. Specify the
years covered that include this Annual Action Plan. 100.00%
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is
as follows:
The City will use funding from the State Housing Initiatives Program (SHIP), Pinellas County Housing
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Trust Fund and/or volunteer hours from Habitat For Humanity projects for the matching
requirements under the HOME program.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used
for homebuyer activities as required in 92.254, is as follows:
Where direct subsidy provided, the recapture provision will be utilized. The recapture provisions are
required when a HOME-assisted homebuyer sells his/her property, either voluntarily or
involuntarily, during the applicable affordability period. The recapture provision is subject to the
limitation that when the recapture requirement is triggered by a sale, voluntary or involuntary, of
the housing unit, and there are no net proceeds or the net proceeds are insufficient to repay the
HOME investment due, the City can only recapture the net proceeds, if any. The net proceeds are
the sales price minus the superior loan repayment and closing costs. This language is included in the
loan documents and will be used for other eligible HOME activities.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired
with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
Where no direct subsidy is provided, the resale provisions will be utilized. The resale provisions are
required when a HOME-assisted homebuyer sells his or her property, either voluntarily or
involuntarily, during the applicable affordability period, the property is to be sold to another low- to
moderate-income homebuyer who will utilize the property as his/her principal residence. The
original homebuyer shall receive a fair return on investment (ROI); ROI is defined as the average
change on Consumer Price Index (CPI) over the period of affordability. The property must be sold at
a price that is affordable to a reasonable range of low- to moderate-income buyers.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is
rehabilitated with HOME funds along with a description of the refinancing guidelines required that
will be used under 24 CFR 92.206(b), are as follows:
The City will not use HOME funds to refinance the existing debt for multi-family projects.
Annual Action Plan
2018
65
OMB Control No: 2506-0117 (exp. 06/30/2018)
The City of Clearwater expects to receive $190,000 in CDBG program income and $40,000 through the
City’s Revolving Loan Program to be utilized for CDBG eligible activities and $750,000 in program income
to be utilized for HOME eligible activities. The percentage of overall benefit to low- and moderate-
income persons is expected to be 100%.
Annual Action Plan
2018
66
OMB Control No: 2506-0117 (exp. 06/30/2018)
Annual Action Plan
2018
67
OMB Control No: 2506-0117 (exp. 06/30/2018)
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4768
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve an increase to Contract 900078 with JW Harris Contractors, Inc., of Zephyr Hills, FL, in
the amount of $2,000,000, for the installation of natural gas mains and service lines and
authorize the appropriate officials to execute same. (consent)
JW Harris Contractors, Inc. is Clearwater Gas System’s (CGS) primary contractor for the
installation of natural gas mains and services lines. They have performed well since Gas
began using them in 2017.
The current and final annual contract term with JW Harris for $1,200,000 began April 1, 2018
with the contractor agreeing to maintain their prior contract year prices. This increase will
modify the annual contract amount to $3,200,000 and JW Harris will amend their Performance
Bond and insurance coverages to accommodate the revised contract amount.
CGS will rebid these construction services in early 2019.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement projects 3237323 96378, Pasco New Mains and
Service Lines and 3237323 96377, Pinellas New Mains & Service lines.
Page 1 City of Clearwater Printed on 7/30/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4869
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 5.2
SUBJECT/RECOMMENDATION:
Approve the Second Amendment to License Agreement between the City of Clearwater and
Pinellas County for period August 1, 2018 through July 31, 2023 and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The License Agreement grants the City/Clearwater Gas System (CGS) access to the Pinellas
County Health Department property, located at 310 North Myrtle Ave, for conducting soil
assessment activities related to environmental impacts from the former manufactured gas
plant (MGP) site. The MGP site is located at 400 North Myrtle Ave, which is northwest and
adjacent to the Health Department facility. Typical ground assessment work includes soil
boring, drilling, monitoring well installations and water sampling of new and existing wells.
The License Agreement was originally approved by Council in 2008, for a five-year term, then
renewed in 2013. The Second Amendment shall extend the agreement for another five-year
term, effective August 1, 2018. CGS currently has a contract with Geosyntec, Inc. to perform
all soil testing activities related to the MGP site.
Page 1 City of Clearwater Printed on 7/30/2018
City of Clearwater/monitoring wells Page 1 of 3
SECOND AMENDMENT TO LICENSE AGREEMENT
THIS SECOND AMENDMENT TO LICENSE AGREEMENT is made this _____ day
of ____________________, 2018, between PINELLAS COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as “COUNTY”, and the CITY OF CLEARWATER,
a municipal corporation of the State of Florida, hereinafter referred to as “LICENSEE,” jointly
referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, the Parties entered into a License Agreement dated August 1, 2008
regarding a parcel of COUNTY-owned land located at 310 N. Myrtle Ave., Clearwater, FL
(“COUNTY Parcel”); and
WHEREAS, COUNTY granted LICENSEE permission for a Consultant to enter the
COUNTY Parcel to conduct work that includes soil boring, drilling, monitor well installation,
and sampling of new and existing wells (“Work”); and
WHEREAS, pursuant to that certain First Amendment to License Agreement dated May
30, 2013, the Parties extended the License Agreement for an additional five (5) year term; and
WHEREAS, the Parties desire to extend the License Agreement for an additional five (5)
year term.
NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration the receipt and adequacy of which is hereby acknowledged, and the
promises and covenants contained herein, the parties agree as follows:
1. TERM: This License shall be extended for a term of five (5) years commencing August
1, 2018 and ending July 31, 2023. Either party may terminate this License, at any time, by
providing thirty (30) days written notice. Termination shall not release the LICENSEE from any
requirements of this License applicable to Work performed under the Agreement such as
reporting, indemnification, or restoration requirements.
2. NOTICES: All notices to COUNTY shall be forwarded to the following address by
registered or certified mail, return receipt requested unless LICENSEE is notified otherwise in
writing:
Real Estate Management Department
Real Property Division
509 East Avenue South
Clearwater, FL 33756
City of Clearwater/monitoring wells Page 2 of 3
Tele: (727) 464-3496
All notices given to LICENSEE hereunder shall be forwarded to the following address:
Brian Langille with a copy to:
City of Clearwater d/b/a William L. Pence, Esquire
Clearwater Gas Systems Baker Hostetler
400 N. Myrtle Ave. 2300 SunTrust Center
Clearwater, FL 33755 200 South Orange Avenue
Tele: (727) 562-4911 Orlando, FL 32801-3432
FAX: (727) 562-4903 Tele: (407) 649-4095
Fax: (407) 841-0168
by registered or certified mail, return receipt requested unless COUNTY is notified otherwise in
writing.
3. Except to the extent specifically modified herein, all other terms of the License
Agreement shall remain in full force and effect.
(INTENTIONALLY LEFT BLANK)
City of Clearwater/monitoring wells Page 3 of 3
IN WITNESS WHEREOF, the parties have set their hands and seals as of the day and year first
above written.
COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA
George N. Cretekos, Mayor William B. Horne II, City Manager
Date:_______________________________ Date:_____________
APPROVED AS TO FORM: ATTEST:
Laura Mahoney, Assistant City Attorney Rosemarie Call, City Clerk
WITNESSES: PINELLAS COUNTY, FLORIDA
Print Name: Mark S. Woodard, County Administrator
Print Name:
Date: ______________________________________
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4871
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 5.3
SUBJECT/RECOMMENDATION:
Accept a Natural Gas Easement over, under, across and through a portion of property
conveyed by Dwayne Hawkins, whose principal address is 6001 34th St N, St Petersburg, FL,
given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent)
SUMMARY:
Dwayne Hawkins (Grantor) has granted a five-foot wide natural gas easement, on property
located along the east side of US Hwy 19 in Clearwater, just north of Whitney Rd (Parcel ID#
29-29-16-00000-330-0300), for the installation of a natural gas service line. This service line
will serve Honor Thy Pet, LLC, a commercial customer located directly north of Mr. Hawkins
property.
The easement grant is sufficient for the City to maintain and replace its facilities as necessary
in perpetuity, or until such time as the City determines to abandon its use.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 7/30/2018
[A04-02064 /176103/1]
Return to: Clearwater Gas System 400 N. Myrtle Avenue Clearwater, FL 33755 Parcel I. D. No. 29-29-16-00000-330-0300
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Dwayne Hawkins, a Florida Resident whose principal address is 6001 34th St N, SAINT PETERSBURG FLORIDA 33714-1251 (“Grantor”) does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756 (“Grantee”), a non-exclusive, gas utility easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: As more particularly described and depicted in EXHIBIT “A” appended hereto and by this
reference made a part hereof (the “Servient Property”) This easement is for natural gas distribution pipes and appurtenant facilities only. Clearwater Gas System, a component of the CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, reconstruct, install and maintain therein the herein referenced
natural gas transmission pipes, together with appurtenances thereto (collectively, “Facilities”), and to inspect and alter such Facilities from time to time. Grantee shall be solely responsible for obtaining all governmental
and regulatory permits required to exercise the rights granted herein. Grantor and Grantee, for themselves, their heirs, successors and assigns, agree as follows: 1. Grantor hereby grants to Grantee, its successors and assigns a non-exclusive five (5) foot easement (herein referred to as the “Easement Area”), in perpetuity on, over, under, across and through the Servient Property described in Exhibit “A”, attached hereto, for the purpose of constructing, operating, inspecting and maintaining, underground conduit, pipes, facilities appurtenant equipment for the provision of natural gas as the same may be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the size of and remove such facilities or any of them within the Easement Area. In the event the Easement Area crosses any roadway, sidewalk or other impervious area, Grantor will require Grantee to perform installations and repairs without removing said surface improvement. This may require a directional bore or other contractor suggested and owner approved
method. 2. Grantee by acceptance hereof, agrees to construct, repair and maintain, at its sole cost and expense, the Facilities which shall comply with all applicable rules and regulations. In the event Grantee shall perform any construction, repairs, alteration, replacement, relocation or removal of any Facilities, Grantee shall thereafter restore any improvements, including landscaping and related irrigation, disturbed thereby to as near as practicable the condition which existed prior to such activities.
3. The Grantor shall have and retains the right to construct improvements on, maintain and utilize the Easement Area (including, but not limited to, the construction of driveways, parking areas, landscaping and related improvements) provided such construction does not unreasonably impair Grantee’s access to the Easement Area or Grantee’s ability to repair,
replace and service the Facilities within the Easement Area.
4. Nothing herein shall create or be construed to create any rights in or for the benefit of the general public in or to the Easement Area.
GAS UTILITY EASEMENT
[A04-02064 /176103/1]
5. This Easement shall not be changed, altered or amended except by an instrument in writing executed by Grantor and Grantee or their respective successors and assigns; provided, however, that in the event Grantee shall abandon the use of the Easement Area, then Grantee shall, within a reasonable time thereafter, release and convey to Grantor or its
successors and assigns all rights hereby granted pursuant to this Easement.
6. This Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of Grantor or Grantee, as the case may be, and their respective successors and assigns.
7. Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described Servient Parcel, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein.
The Remainder of this Page Intentionally Left Blank
[A04-02064 /176103/1]
Exibit A
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4843
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 6.1
SUBJECT/RECOMMENDATION:
Approve acceptance of Department of Justice, Bureau of Justice Assistance (DOJ/BJA)
Edward Byrne Memorial Justice Assistance Grant award in the amount of $46,977, for
purchase of speed lasers and Stop Sticks (tire-deflating devices) and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
On August 25, 2017, the Resource Management Committee approved submission of a grant
application for a $46,977 allocation under the federal Justice Assistance Grant (JAG) program
to purchase 21 speed lasers and 40 Stop Sticks. That grant has been officially awarded and
CPD now seeks approval to accept it.
The CPD will purchase 21 additional speed lasers to be used department-wide. The lasers will
be shared among the 3 patrol districts and several specialty teams. Officers utilize lasers for a
variety of reasons, but the primary purpose is speed enforcement. When using a laser for
speed enforcement compared to a radar speed enforcement device, officers virtually eliminate
vehicle misidentification because the laser is aimed at a specific target vehicle.
The laser can also be used to assist with measuring distance between 2 points, such as the
distance from someone falling, jumping from a building to the ground, or at crash scenes to
determine the distance that a crash occurred from a particular point.
Purchase of the new lasers will allow officers to deploy and address any and all chronic
problem areas related to speeding. Officers will target speed violators by using education,
warnings and citations.
In 2012, the National Highway Traffic Safety Administration (NHTSA) estimated that speeding
was a contributing factor in 30 percent of all fatal crashes. CPD currently has a strong and
active department-wide traffic safety initiative which will be greatly enhanced by the purchase of
the additional lasers.
The balance remaining in the $46,977 amount to be awarded to CPD will be utilized to
purchase 40 additional Stop Sticks, tire-deflating devices that are used by law enforcement to
end high-speed automotive pursuits.
These tire-deflation devices end high-speed automobile pursuits quickly and safely. Officers in
all 50 states and around the globe rely on these devices to end pursuits safely, prevent property
damage, reduce liability and save lives, including their own. With over 200,000 police vehicles
equipped with these devices and more than 21,000+ pursuits ended safely, tire-deflation
devices have become a staple of law enforcement at the municipal, county and state levels.
Page 1 City of Clearwater Printed on 7/30/2018
File Number: ID#18-4843
There is no mandatory match for this grant. There are associated maintenance costs
associated with the lasers, which require recertification twice a year. Those costs will be
absorbed by CPD’s operating budget.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will establish special project G1802, FY 2017 JAG Grant
(Lasers and Tire-Deflating Devices), to track grant revenues and associated expenditures.
Page 2 City of Clearwater Printed on 7/30/2018
U.S. Department of Justice
Office of Justice Programs
Washington, D.C. 20531Office of the Assistant Attorney General
June 26, 2018
Mr. William B. Horne II
City of Clearwater
644 Pierce Street
P.O. Box 4748
Clearwater, FL 33758-4748
Dear Mr. Horne:
On behalf of Attorney General Jefferson Sessions III, it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -
Local Solicitation in the amount of $46,977 for City of Clearwater.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Tarasa Yates, Program Manager at (202) 598-7372; and
- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Enclosures
Alan R. Hanson
Principal Deputy Assistant Attorney General
U.S. Department of Justice
Office of Justice Programs
OFFICE FOR CIVIL RIGHTS
810 7th Street, NW
Washington, DC 20531
Tel: (202) 307-0690
TTY: (202) 307-2027
E-mail: askOCR@usdoj.gov
Website: www.ojp.usdoj.gov/ocr
June 26, 2018
Mr. William B. Horne II
City of Clearwater
644 Pierce Street
P.O. Box 4748
Clearwater, FL 33758-4748
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to
compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
(DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services
(COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are
available to help you and your organization meet the civil rights requirements that come with DOJ funding.
Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal
law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits.
In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence
Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or
perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant
condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently
asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions
are available at http://ojp.gov/about/ocr/vawafaqs.htm.
Enforcing Civil Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal opportunity standards.
Dear Mr. Horne:
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial
assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information
on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website
http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The DOJ regulation, Equal Treatment for Faith-Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to
treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant
administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its
board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently (or explicitly)
religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must hold them
separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment
Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the
provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at
http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm.
SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified
at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these
nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by-
case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the
statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions.
Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit
discrimination in employment.
Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See
Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity
Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the
Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients
should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or
promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the
Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate
an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).
Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two
obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2)
submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)).
Sincerely,
Meeting the EEOP Requirement
If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical
institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your
organization must complete and submit Section A of the Certification Form, which is available online at
http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.
If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has
fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a
Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your
organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to
complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at
http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.
If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more
employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report
(formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in
developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your
organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at
http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.
To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202)
307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov.
Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race,
color, national origin, religion, or sex, after a due-process hearing, from a state or federal court or from a state or federal administrative
agency, your organization must send a copy of the finding to the OCR.
Ensuring the Compliance of Subrecipients
SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination
complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train
subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of
Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of
subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.gov/funding/other_requirements.htm.
If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial
assistance, please contact us.
Michael L. Alston
Director
cc:Grant Manager
Financial Analyst
Grant
PAGE 1 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Clearwater
644 Pierce Street P.O. Box 4748
Clearwater, FL 33758-4748
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT
10. AMOUNT OF THIS AWARD
$ 0
$ 46,977
11. TOTAL AWARD $ 46,977
2a. GRANTEE IRS/VENDOR NO.
596000289
2b. GRANTEE DUNS NO.
078307303
3. PROJECT TITLE
2017 Federal JAG
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY17(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 42 U.S.C. 3711 - 3797ff-5),
including subpart 1 of part E (codified at 42 U.S.C. 3750 - 3758); see also 28 U.S.C. 530C(a).
14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.738 - Edward Byrne Memorial Justice Assistance Grant Program
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
Alan R. Hanson
Principal Deputy Assistant Attorney General
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21.
FISCAL
YEAR
FUND
CODE
BUD.
ACT.OFC.
DIV.
REG.SUB.POMS AMOUNT
DJBX 80 00 00 46977
SDJUGT0872
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
William B. Horne
City Manager
4. AWARD NUMBER:2017-DJ-BX-0791
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
6. AWARD DATE 7. ACTION
Initial
06/26/2018
TO
TO
10/01/2016
10/01/2016
09/30/2020
09/30/2020
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 06/26/2018PROJECT NUMBER 2017-DJ-BX-0791
SPECIAL CONDITIONS
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a
condition incorporated by reference below, or a certification or assurance related to conduct during the award period --
may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the
award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 42 U.S.C. 3795a), and also may lead to imposition of civil penalties and administrative remedies for false claims
or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
2017 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2017 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that
are obligated on or after the acceptance date of this FY 2017 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
Compliance with DOJ Grants Financial Guide
The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website (currently, the "2015
DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version
that may be posted during the period of performance.
1.
2.
3.
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 06/26/2018PROJECT NUMBER 2017-DJ-BX-0791
SPECIAL CONDITIONS
Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2015, will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or
FPOC must have successfully completed an "OJP financial management and grant administration training" by 120
calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new
POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful
completion of such a training on or after January 1, 2015, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise
OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200
Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any
of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ
awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
4.
5.
6.
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 06/26/2018PROJECT NUMBER 2017-DJ-BX-0791
SPECIAL CONDITIONS
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have
specific federal authorization), and are incorporated by reference here.
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $150,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $150,000)), and are incorporated by reference here.
7.
8.
9.
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 06/26/2018PROJECT NUMBER 2017-DJ-BX-0791
SPECIAL CONDITIONS
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial
Guide").
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/ojptrainingguidingprinciples.htm.
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-
risk" for purposes of the DOJ high-risk grantee list.
10.
11.
12.
13.
14.
15.
OJP FORM 4000/2 (REV. 4-88)
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 06/26/2018PROJECT NUMBER 2017-DJ-BX-0791
SPECIAL CONDITIONS
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016.
Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of
religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that
engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and
subrecipients that are faith-based or religious organizations.
The text of the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is
available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-
bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current"
data.
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
16.
17.
18.
19.
OJP FORM 4000/2 (REV. 4-88)
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 06/26/2018PROJECT NUMBER 2017-DJ-BX-0791
SPECIAL CONDITIONS
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2017)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general
provisions" in the Consolidated Appropriations Act, 2017, are set out at
https://ojp.gov/funding/Explore/FY17AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might
fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector
General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other
person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division,
950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3)
the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881
(fax).
Additional information is available from the DOJ OIG website at https://www.usdoj.gov/oig.
20.
21.
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U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 06/26/2018PROJECT NUMBER 2017-DJ-BX-0791
SPECIAL CONDITIONS
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt
written notification to the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
22.
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AWARD DATE 06/26/2018PROJECT NUMBER 2017-DJ-BX-0791
SPECIAL CONDITIONS
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and
procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial
Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the
recipient as a DOJ High Risk grantee; or termination of an award(s).
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or
more and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
23.
24.
25.
26.
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SPECIAL CONDITIONS
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report, SF 425.
Justice Information Sharing
In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community, the recipient (and any subrecipient at any tier) must comply with DOJ's Global Justice
Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular award. The recipient
shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at:
https://it.ojp.gov/gsp_grantcondition. The recipient shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and
any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if
OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at
its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the
recipient may be fined as per 42 U.S.C. 3789g(c)-(d). The recipient may not satisfy such a fine with federal funds.
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP
policies and procedures regarding the protection of human research subjects, including obtainment of Institutional
Review Board approval, if appropriate, and subject informed consent.
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 42 U.S.C. 3789g
and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further
agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
27.
28.
29.
30.
31.
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SPECIAL CONDITIONS
Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds
who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank,
must complete required online (internet-based) task force training. Additionally, all future task force members must
complete this training once during the period of performance for this award, or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including
privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and
accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force
personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership (www.ctfli.org).
Required attendance at BJA-sponsored events
The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance
events, or conferences held by BJA or its designees, upon BJA's request.
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
33.
34.
35.
36.
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Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National
Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental
impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior
to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by
the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being
specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a
subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition
must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific
request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is
required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund,
including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award
funds in the trust fund (including any interest earned) during the period of performance for the award and expend
within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at
the time of closeout.
37.
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Prohibition on use of award funds for match under BVP program
JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the
DOJ Bulletproof Vest Partnership (BVP) program.
Certification of body armor "mandatory wear" policies
The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased
with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-
resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from
this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
Body armor - compliance with NIJ standards
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List (https://nij.gov/). In addition, ballistic-resistant and stab-resistant body armor purchased must be
American-made. The latest NIJ standard information can be found here: https://nij.gov/topics/technology/body-
armor/pages/safety-initiative.aspx.
Required monitoring of subawards
The recipient must monitor subawards under this JAG award in accordance with all applicable statutes, regulations,
award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any
subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon
request, documentation of its policies and procedures for monitoring of subawards under this award.
Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through
OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on
reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-
escalation of conflict, and constructive engagement with the public.
39.
40.
41.
42.
43.
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Prohibited Expenditures List
Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or
acquisition, including as the list may be amended from time to time. The Prohibited Expenditure List may be accessed
here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
Controlled expenditures - prior written approval required
Award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or
acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA.
The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions are set out at
https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
Controlled expenditures - incident reporting
If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of
purchase or acquisition, including as the list may be amended from time to time, the agency must collect and retain (for
at least 3 years) certain information about the use of-- (1) any federally-acquired Controlled Equipment in the
agency's inventory, and (2) any other controlled equipment in the same category as the federally-acquired controlled
equipment in the agency's inventory, regardless of source; and the agency must make that information available to BJA
upon request. Details about what information must be collected and retained are set out at https://ojp.gov/docs/LE-
Equipment-WG-Final-Report.pdf.
Sale of items on Controlled Expenditure List
Notwithstanding the provision of the Part 200 Uniform Requirements set out at 2 C.F.R. 200.313, no equipment listed
on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party,
except as described below:
a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement
Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will
be required to submit information and certifications to BJA as if it were requesting approval to use award funds for the
initial purchase of items on the Controlled Expenditure List.
b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award.
c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs, with the
exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or
sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement-related and other
sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be
removed prior to transfer or sale.
The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with
award funds, and must abide by any applicable laws (including regulations) in such disposal.
Prohibited or controlled expenditures - Effect of failure to comply
Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any
further approvals of controlled expenditures under this or other federal awards.
45.
46.
47.
48.
49.
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Controlled expenditures - Standards
Consistent with recommendation 2.1 of Executive Order 13688, a law enforcement agency that acquires controlled
equipment with award funds must adopt robust and specific written policies and protocols governing General Policing
Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a)
Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific
Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment;
(b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice
Considerations. Upon OJP's request, the recipient must provide a copy of the General Policing Standards and Specific
Controlled Equipment Standards, and any related policies and protocols.
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2016
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award (October 1, 2016), however, the recipient may choose to incur
project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a
minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are
removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-
risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse
itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition), provided that those project costs
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award
funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of
the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the
absence of federal funds, be made available for law enforcement activities.
"Certification of Compliance with 8 U.S.C. 1373" required for valid award acceptance by a unit of local government
In order validly to accept this award, the applicant local government must submit the required "Certification of
Compliance with 8 U.S.C. 1373" (executed by the chief legal officer of the local government). Unless that executed
certification either-- (1) is submitted to OJP together with the fully-executed award document, or (2) is uploaded in
OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a unit of local
government that purports to accept the award is invalid.
If an initial award-acceptance submission by the recipient is invalid, once the unit of local government does submit the
necessary certification regarding 8 U.S.C. 1373, it may submit a fully-executed award document executed by the unit
of local government on or after the date of that certification.
For purposes of this condition, "local government" does not include any Indian tribes.
50.
51.
52.
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Ongoing compliance with 8 U.S.C. 1373 is required
1. With respect to the "program or activity" funded in whole or part under this award (including any such "program or
activity" of any subrecipient at any tier), throughout the period of performance for the award, no State or local
government entity, -agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official
from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or
(2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information
regarding immigration status as described in 8 U.S.C. 1373(b). For purposes of this award, any prohibition (or
restriction) that violates this condition is an "information-communication restriction."
2. Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a
"public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly
executed by the chief legal officer of the jurisdiction or institution that would receive the subaward, using the
appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm. Similarly, the
recipient must require that no subrecipient (at any tier) may make a further subaward to a State or local government or a
"public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly
executed by the chief legal officer of the jurisdiction or institution that would receive the further subaward, using the
appropriate OJP form.
3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent that such costs are not reimbursed under any other federal program, award funds may be obligated (including for
authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) that the recipient, or any
subrecipient at any tier that is a State or local government or a "public" institution of higher education, incurs to
implement this condition.
5. Rules of Construction
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher
education or any Indian tribe.
(2) A "public" institution of higher education is one that is owned, controlled, or directly funded by a State or local
government.
(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).
(4) "Immigration status" means what it means for purposes of 8 U.S.C. 1373 (Illegal Immigration Reform and
Immigrant Responsibility Act of 1996); and terms that are defined in 8 U.S.C. 1101 (Immigration and Nationality Act)
mean what they mean under that section 1101, except that the term "State" also shall include American Samoa (cf. 42
U.S.C. 901(a)(2)).
(5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition … and Transfer of
Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 are to be read as references to
particular components of the Department of Homeland Security (DHS).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, any "public" institution of higher education, or any other entity (or individual) to violate any
federal law, including any applicable civil rights or nondiscrimination law.
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IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
Authority to obligate award funds contingent on compliance with 8 U.S.C. 1373; unallowable costs; obligation to notify
1. If the recipient is a State or local government--
A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the
recipient (or of any subrecipient at any tier that is a either a State or unit of local government or a "public" institution of
higher education) that is funded in whole or in part with award funds is subject to any "information-communication
restriction."
B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if -- at the time it incurs such costs -- the "program or activity" of the recipient (or of any
subrecipient at any tier that is a either a State or unit of local government or a "public" institution of higher education)
that would be reimbursed in whole or in part with award funds was subject to any "information-communication
restriction."
C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and all subrecipients
(regardless of tier) are in compliance with 8 U.S.C. 1373.
D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance
with award conditions or otherwise, has credible evidence that indicates that the funded "program or activity" of the
recipient, or of any subrecipient at any tier that is either a State or a local government or a "public" institution of higher
education, may be subject to any "information-communication restriction." In addition, any subaward (at any tier) to a
subrecipient that is either a State or a local government or a "public" institution of higher education must require
prompt notification to the entity that made the subaward, should the subrecipient such credible evidence regarding an
"information-communication restriction."
2. Any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of
higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the
"program or activity" of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in
part with award funds is subject to any "information-communication restriction."
3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any
such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the award condition entitled "Ongoing
compliance with 8 U.S.C. 1373 is required."
4. Rules of Construction
A. For purposes of this condition "information-communication restriction" has the meaning set out in the award
condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required."
B. Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing
compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.
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Required State-level rules or practices related to aliens; allowable costs
The following provisions apply to the recipient of this award, if the recipient is a State government, and also apply to
any State-government subrecipient at any tier (whether or not the recipient is a State government).
1. Requirements
With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient
accepts this award, and throughout the remainder of the period of performance for the award--
A. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that
agents of the United States acting under color of federal law in fact are given to access any State (or State-contracted)
correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such
agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States.
B. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that,
when a State (or State-contracted) correctional facility receives from DHS a formal written request authorized by the
Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien
in such facility, then such facility will honor such request and -- as early as practicable (see para. 4.B. of this
condition) -- provide the requested notice to DHS.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this
condition.
3. Allowable costs
Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs
are not reimbursed under any other federal program, award funds may be obligated (including for authorized
reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (1) developing and putting into place
statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in
para. 1.A. above, and (3) honoring any request from DHS that is encompassed by para. 1.B. above.
4. Rules of construction
A. For purposes of this condition--
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C.
1101(a)(3)).
(2) the term "correctional facility" means what it means under the Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (see 42 U.S.C. 3791(a)(7)).
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any
State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the
date and time the individual would have been released in the absence of this condition.
Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48
hours, if possible)." (See DHS Form I-247A (3/17)). In the event that (e.g., in light of the date DHS made such request)
the scheduled release date and time for an alien are such as not to permit the advance notice that DHS has requested, it
shall not be a violation of this condition to provide only as much advance notice as practicable.
55.
OJP FORM 4000/2 (REV. 4-88)
20
AWARD CONTINUATION
SHEET
Grant
PAGE 19 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 06/26/2018PROJECT NUMBER 2017-DJ-BX-0791
SPECIAL CONDITIONS
NOTE: Current DHS practice is to use one form (DHS Form I-247A (3/17)) for two distinct purposes -- to request
advance notice of scheduled release, and to request that an individual be detained for up to 48 hours AFTER the
scheduled release. This condition imposes NO requirements as to such DHS requests for detention.
C. Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing
compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.
Required local-government-level rules or practices related to aliens; allowable costs
The following provisions apply to the recipient of this award, if the recipient is a unit of local government, and also
apply to any local-government subrecipient of this award at any tier (whether or not the recipient itself is a unit of local
government).
1. Requirements
With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient
accepts this award, and throughout the remainder of the period of performance for the award--
A. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, -
policy, or -practice) must be in place that is designed to ensure that agents of the United States acting under color of
federal law in fact are given access a local-government (or local-government-contracted) correctional facility for the
purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to
inquire as to such individuals' right to be or remain in the United States.
B. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, -
policy, or -practice) must be in place that is designed to ensure that, when a local-government (or local-government-
contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and
Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility,
then such facility will honor such request and -- as early as practicable (see "Rules of Construction" incorporated by
para. 4.B. of this condition) -- provide the requested notice to DHS.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this
condition.
3. Allowable costs
Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs
are not reimbursed under any other federal program, award funds may be obligated (including for authorized
reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (1) developing and putting into place
statutes, ordinances, rules, regulations, policies, and practices to satisfy this condition, (2) permitting access as
described in para. 1.A. above, and (3) honoring any request from DHS that is encompassed by para. 1.B. above.
4. Rules of construction
A. The "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance
with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.
B. The "Rules of Construction" set out in the award condition entitled "Required State-level rules or practices related
to aliens; allowable costs" are incorporated by reference as though set forth here in full.
56.
OJP FORM 4000/2 (REV. 4-88)
20
AWARD CONTINUATION
SHEET
Grant
PAGE 20 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 06/26/2018PROJECT NUMBER 2017-DJ-BX-0791
SPECIAL CONDITIONS
Use of funds for DNA testing; upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
Encouragement of submission of "success stories"
BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success
story, sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form. If
the recipient does not yet have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once registered,
one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add
a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web
page at https://www.bja.gov/SuccessStoryList.aspx.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include
the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including
many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
Withholding of funds: Required certification from the chief executive of the applicant government
The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as
determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.
57.
58.
59.
60.
61.
OJP FORM 4000/2 (REV. 4-88)
20
Memorandum To:
From:
Subject:
Washington, D.C. 20531
Orbin Terry, NEPA Coordinator
Incorporates NEPA Compliance in Further Developmental Stages for City of
Clearwater
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements, please see https://www.bja.gov/Funding/nepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Official Grant File
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
1. STAFF CONTACT (Name & telephone number)
PROJECT NUMBER
6. NAME & ADRESS OF SUBGRANTEE
7. PROGRAM PERIOD 8. BUDGET PERIOD
9. AMOUNT OF AWARD 10. DATE OF AWARD
11. SECOND YEAR'S BUDGET
2017-DJ-BX-0791
2. PROJECT DIRECTOR (Name, address & telephone number)
4. TITLE OF PROJECT
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
5. NAME & ADDRESS OF GRANTEE
Grant
This project is supported under FY17(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 42 U.S.C. 3711 - 3797ff-5), including
subpart 1 of part E (codified at 42 U.S.C. 3750 - 3758); see also 28 U.S.C. 530C(a).
Janet Skinner
Grants Coordinator
P.O. Box 4748
Clearwater, FL 33758-4748
(727) 562-4348
PAGE 11OF
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of
criminal justice related activities based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance,
training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose
areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs;
5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than
compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams.
Tarasa Yates
(202) 598-7372
OJP FORM 4000/2 (REV. 4-88)
2017 Federal JAG
City of Clearwater
644 Pierce Street P.O. Box 4748
Clearwater, FL 33758-4748
TO:10/01/2016 09/30/2020FROM:TO:10/01/2016 09/30/2020FROM:
06/26/2018 $ 46,977
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
3a. TITLE OF THE PROGRAM
BJA FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
This Local JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Any equipment
purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing
public/officer safety.
NCA/NCF
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4865
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: ReportIn Control: Police Department
Agenda Number: 6.2
SUBJECT/RECOMMENDATION:
Authorize an increase in contract number 900098 to Enforcement One, Inc. of Oldsmar, FL, by
$80,000 in Fiscal Year 17/18 for Police Vehicle Up-Fitting Services, to an amended annual total
contract award of $295,000, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
On January 19, 2017, Council awarded a contract to Enforcement One, Inc. to provide Police
Vehicle Up-Fitting Services in the annual amount of $215,000. Enforcement One, Inc. was
awarded the contract after being the lowest bidder that responded to Invitation to Bid (ITB) No.
05-17. The awarded contract included two one-year renewal terms at the City’s option. The
anticipated costs for the Police Vehicle Up-Fitting Services for Fiscal Year 17/18 will exceed the
annual awarded amount of $215,000.
The police department’s total estimated costs for police vehicle up-fitting for Fiscal Year 17/18
is $295,000, and that is the amount in the police department’s approved budget for Fiscal Year
17/18 (0101131-541500). To complete the police department’s police vehicle up-fitting needs
for Fiscal Year 17/18, the contract award to Enforcement One, Inc. needs to be increased by
$80,000 to a new total of $295,000.
Funds are currently available to cover the increase of $80,000 in the police department’s
approved budget for Fiscal Year 17/18.
APPROPRIATION CODE AND AMOUNT:
Funding for this contractual agreement are available in the Police Department’s operating cost
code 0101131-541500, Garage Variable
Page 1 City of Clearwater Printed on 7/30/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4881
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 7.1
SUBJECT/RECOMMENDATION:
Provide Direction regarding the finalization of concept scenarios for the Drew Street Complete
Street Concept Design Project. (WSO)
SUMMARY:
The City of Clearwater is developing the Drew Street Complete Street Concept Design Project
(Drew Street Project) which will deliver a concept scenario and report showcasing how Drew
Street could be redesigned to better accommodate the abilities and modes of all users and
increase safety. The Drew Street Project is being prepared concurrently with Citywide
Complete Street Plan, as a pilot project and will provide the City with context sensitive design
concepts for the corridor.
The Drew Street Project included extensive public outreach and engagement to gain
consensus on the priorities and proposed improvements of Drew Street. The project area was
divided into three segments and existing conditions and two concept scenarios for each
segment were developed and presented to the public for comment. At the direction of Council,
these multiple scenarios will be finalized into the preferred concept scenario for Drew Street.
The preferred concept scenario and report are anticipated to be brought back before Council
for consideration in September.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Page 1 City of Clearwater Printed on 7/30/2018
1
To: City Council Members
From: Ellen Crandall, Development Review Planning Manager
Date: July 30, 2018
Subject: Drew Street Complete Street Concept Design Project
Project Origin and Scope The Skycrest neighborhood association and other community groups requested that the City of Clearwater apply for a Complete Street concept planning grant from Forward Pinellas, Pinellas County’s Metropolitan Planning Organization (MPO), for a portion of Drew Street. City Council
directed staff to prepare a grant application and Vrana Consulting was hired to assist. Letters of support for the grant application were received from: Clearwater Neighborhoods Coalition, Community Advocated for Neighborhoods, Intercultural Advocacy, Skycrest Elementary PTA, and Skycrest Neighborhood Association. The City of Clearwater was awarded the grant on March 8, 2017, in the sum of $50,000 with the City match of $25,000 cash and $25,000 in-kind
services. The agreement was signed on July 27, 2017 (Resolution 17-23). The City selected Kimley-Horn and Associates as their consultant for the project. The final deliverable for the Drew Street Complete Street Concept Design project (Drew Street project) will be a report and preferred concept scenario for a 4 mile portion of Drew Street from North Osceola Avenue to US Highway 19 North. The project area contains City, County and State roadways and connects the
Downtown to the west to US Highway 19 N on the east. It traverses downtown, residential neighborhoods and commercial areas. The objective is to evaluate how Drew Street could be reconfigured to balance accessibility for all modes of transportation, enhance safety, comfort and function for all users and encourage economic revitalization and reinvestment along Drew Street and within surrounding neighborhoods. A design phase and additional coordination with FDOT
would be required following a selection of a preferred scenario. The final report will contain greater data and analysis than this memo.
Complete streets are designed and operated to enable safe access for all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities. There is no singular design prescription for complete streets; each one is unique and responds to its community
context. A complete street may include: sidewalks, bike lanes (or wide paved shoulders), special bus lanes, comfortable and accessible public transportation stops, frequent and safe crossing opportunities, median islands, accessible pedestrian signals, curb extensions, narrower travel lanes, roundabouts, and more. A primary goal for Drew Street is to improve safety. The project
2
area has had 1,600 crashes, 2 fatalities, 50 serious injuries, 25 pedestrian crashes and 44 bicycle crashes reported between 2012 and 2017.
Community Engagement Community engagement was a key component of the Drew Street Project and included five focus group discussions, two community workshops, and two online surveys. The focus group
discussions were held on March 21, 2018, at the Long Center and generally were organized into the following groups: Drew Street businesses, public institutions, biking community, Drew Street neighborhoods and residents, economic development and realtor. Two-sided bilingual flyers were printed and hand-distributed to many of the smaller and Latino businesses along Drew Street.
The first online survey was built through MetroQuest and was live from May 3, 2018 to May 25, 2018. Over 1,400 people participated and 500 provided their email for future updates. Respondents provided input on general preferences for complete street tools and options as well as identified general concerns and problem areas along Drew Street. The first community
workshop was held on May 22, 2018, at the new East Library on Drew Street and over 50 people attended. The workshop was an open house format with exercises where participants indicated preferences on improvement options and identified problem areas. To promote the first survey and community workshop, an additional two-sided bilingual flyer was hand-distributed to businesses along Drew Street. The survey and workshop were also posted and boosted on the
City of Clearwater’s Facebook page, and a press release was sent to the City’s various mailing lists. Based on the input received from the community engagement described above, draft concept scenarios were developed. Drew Street was divided into three segments and existing conditions
and two scenarios were prepared for each segment. To further collect community input on these draft scenarios, a second online survey was live from June 18, 2018, to July 9, 2018, and over 700 people participated. The survey allowed participants to rate the existing conditions and scenarios for each segment as well as give input on other areas or improvements. The second
community workshop was conducted on June 28, 2018, at the North Greenwood Recreation
Center and over 70 people attended. To promote the workshop, digital flyers were emailed to a mailing list. Hardcopy two-sided bilingual flyers were provided to the Hispanic Outreach Center, the National Association for the Advancement of Colored People, neighborhood associations, and City buildings. Additionally the workshop and survey were posted on the City's Facebook
page and boosted and a press release was issued.
Additional Coordination Because the section of Drew Street being evaluated is under multiple jurisdictions it is important to work with FDOT and Pinellas County throughout the development of these draft scenarios.
The first agency coordination meeting was held on February 28, 2018, with Kimley-Horn, City
of Clearwater, Pinellas County, Forward Pinellas, and FDOT. A later meeting was held at the FDOT District 7 office on May 29, 2018, to discuss more developed scenarios and possible lane elimination. One-on-one meetings with City Council and Kimley-Horn were conducted in March and April of 2018. Multi-city department meetings were held on June 7, 2018. City staff met
3
Downtown: Scenario A
with PSTA on June 6, 2018, to discuss draft concept scenarios. Additionally, the Drew Street project is being developed concurrently with the Citywide Complete Street Plan which is
receiving direction from the Citywide Complete Street Advisory Committee (Citywide Committee). The Citywide Committee has also been updated throughout the Drew Street project. At their July 10, 2018 meeting the Citywide Committee voted on the draft concept scenarios; however, attendance was low. Their recommendation is included in the public preference tables.
Concept Scenarios
Below are the draft concept scenarios that were provided to the public for feedback at the second community workshop, in survey two and the Citywide Committee. This memo includes all options, but will identify a preferred scenario for each segment (see Map 1). The concept
scenarios were developed from public and agency input and shows a typical cross section. Not
every element in the scenarios will be able to be implemented through entire segments. For additional details and analysis, reference the attached PowerPoint presentation.
Map 1. Complete Drew Street Segments
Segment 1: Downtown
N. Osceola Avenue to Myrtle Avenue
Downtown: Scenario A
Scenario A illustrates the existing conditions of thhe first segment from North Osceola Avenue to Myrtle Avenue. It is the shortest segment of the corridor at 0.25 miles and is
also the City-owned portion of the project
area. This segment is within Downtown and connects directly to Coachman Park. Any improvements should be consistent with Imagine Clearwater. The existing conditions
are generally four 10-foot wide lanes, undivided, with sidewalks on both sides and the Pinellas
Trail crossing. The identified areas of concern include: safety, walkability, bikeability, narrow
4
Downtown: Scenario B
Downtown: Scenario C
lanes, and the trail crossing. To do nothing has no additional cost; however, it does not address the concerns.
Downtown: Scenario B Scenario B reapportions the lanes from four 10-foot lanes to two 11-foot lanes. The curb line is not moved to help
mitigate costs. The scenario provides on-street parking on the south side, bi-directional bike lanes on the north, and the Pinellas Trail crossing enhanced with paint. The estimated cost is
$510,000 and it would provide enhanced trail crossing, lighting, walkability, bikeability and parking.
Downtown: Scenario C Scenario C maintains four lanes at 10 foot width but provides for wider
sidewalks and landscaping. The
estimated cost is $609,000 and would provide enhanced trail crossing, enhanced walkability with raised crosswalk and enhanced landscaping.
Downtown: Public Preference &
Recommendation Table 1 summarizes the preferred scenario identified through each method of outreach. Though Scenario B received the majority public preference at the community workshop and Citywide Committee, but not through the
online survey, it is considered to provide the most beneficial amenities for Downtown. Specifically, parking, enhanced multimodal options and crossing, and therefore is Scenario B is recommended.
Segment 1: Downtown
Osceola Ave. to Myrtle Ave.
Community
Workshop Online Survey* Citywide Complete Street
Advisory Committee
Public Preference A: 11% voted for A Rated 2.56 0% voted for A
Public Preference B: 61%voted for B Rated 2.96 78% voted for B
Public Preference C: 28% voted for C Rated 3.31 22% voted for C
* Survey participants rated the scenarios from 1 to 5 stars, a higher number is a stronger preference
Table 1. Public Preference for Segment 1 Downtown Concept Scenarios
5
Neighborhood: Scenario A
Neighborhood: Scenario B
Neighborhood: Scenario C
Segment 2: Neighborhood
Myrtle Avenue to Keene Road
Neighborhood: Scenario A Scenario A illustrates the existing conditions of the second segment which is the neighborhood area with primarily single
family homes directly abutting Drew Street as well as multiple public and private schools. Additionally there are many large neighborhoods directly north and south of this segment. It is generally four lanes at 9.5 foot width, undivided, with narrow and missing
sidewalks. The identified areas of concern include: safety, walkability, difficulty turning, narrow
lanes, speeding and limited landscaping. To do nothing has no additional cost and does not change the travel time; however, it does not address the concerns.
Neighborhood: Scenario B Scenario B reapportions the lanes from four
lanes to two lanes with a center turn lane. The lane width would increase from 9.5 feet to 11 feet. The existing curb would not be moved to mitigate costs and therefore does
not allow for two standard bike lanes to be
added. The center turn lane would facilitate better left turns and intermittent landscaping and midblock crossings. The sidewalks would be increased to eight feet in width
with a 2 foot green space buffer where
existing right of way would allow. The estimated cost is $4.2 million and would improve left turns, walkability and bikeability and provide enhanced landscaping; however, it may increase vehicle travel time by 2 to 3 minutes during eastbound evening peak drive time.
Neighborhood: Scenario C
Scenario C is the only scenario to require purchase of additional right-of-way which may affect existing
homes. This scenario
proposes four lanes with a center turn lane. The travel lanes would increase from 9.5 feet to 11 feet in width
and the center turn lane
would allow for improved turning, intermittent landscaping, and midblock crossings. This scenario only proposes to widen sidewalks to meet
6
Commercial: Scenario A
minimum standards with minimal green space to keep property acquisition to a minimum. An estimated eight feet of additional right-of-way on both the north and the south sides of the road
would be required. The estimated cost is $12.8 million and does not include the property acquisition. This scenario would improve left turns, maintain four through travel lanes, enhance walkabilty, and enhance landscaping; however, it may not be feasible to build, and requires significant purchase of right-of-way and a long implementation time.
Neighborhood: Public Input & Recommendation Table 2 summarizes the preferred scenario identified through each method of outreach. Based on the feasibility, cost, public preference, and enhancements to the neighborhood corridor for safety, multimodal travel and aesthetics, Scenario B is recommended.
Segment 2:
Neighborhood Myrtle
Ave. to Keene Rd.
Community
Workshop Online Survey*
Citywide Complete Street
Advisory Committee
Public Preference A: 8% voted for A Rated 2.37 0% voted for A
Public Preference B: 77% voted for B Rated 2.94 78% voted for B
Public Preference C: 15% voted for C Rated 2.75 22% voted for C
* Survey participants rated the scenario from 1 to 5 stars, a higher number is a stronger preference
Table 2. Public Preference for Segment 2 Neighborhood Scenarios
Segment 3: Commercial
Keene Road to US Highway 19 N
Commercial: Scenario A Scenario A illustrates the existing conditions of this segment which is the
commercial area and is adjacent to Spectrum Field and St. Petersburg Community College. The roadway is primarily four
11-foot wide lanes, divided with a center turn lane, 4-foot wide bike lane on both sides and sidewalks. Both the travel lanes and the rights-of-way are wider in this segment, allowing for increased speeding as well as median improvements. The identified areas
of concern include: safety, walkability, bikeability, crossings, speeding, and business vitality. To do nothing has no additional cost; however, it does not address the concerns.
7
Commercial: Scenario B
Commercial: Scenario C
Commercial: Scenario B Scenario B maintains the
existing curb and travel lane dimensions, provides enhanced median landscaping, midblock crossings, and sidewalk
plantings. The estimated cost is $3.5 million and will provide enhanced aesthetics, additional bike lane markings, and
improved mid-block crossings. The improved aesthetics and increased safety help create value to support economic vitality.
Commercial: Scenario C Scenario C reapportions
the travel lanes and center median to provide wider 5-foot bike lanes on both sides. It enhances landscaping in the center
median and along the sidewalks. The estimated cost is $5.5 million and will provide enhanced aesthetics, and improved
bicycle lanes, walkability, and crossings.
Commercial: Public Input & Recommendation Table 3 summarizes the preferred scenario identified through each method of outreach. Based on
public input, the lower estimated costs, and enhanced landscaping and crossings, Scenario B is recommended.
Segment 3: Commercial
Keene Rd. to US 19 N
Community
Workshop Online Survey*
Citywide Complete Street
Advisory Committee
Public Preference A: 18% voted for A Rated 2.76 0% voted for A
Public Preference B: 58% voted for B Rated 3.49 80% voted for B
Public Preference C: 24% voted for C Rated 2.55 20% voted for C
* Survey participants rated the scenarios from 1 to 5 stars, a higher number is a stronger preference
Table 3. Public Preference for Segment 3 Commercial Scenarios
8
Existing (left) and Proposed (right) Drew Street & Myrtle Avenue Intersection
Existing (left) and Proposed (right) Drew Street & North Betty Lane Intersection
Intersection Improvements
Because the design work and construction of any of the recommended scenarios will take some time, options for more immediate safety improvements to Drew Street were identified. These consist of improvements to four intersections primarily identified through the input of the first community workshop and first online survey. Specifically the first two intersections are presented as they received a high concentration of "problem area" map markers in the first
workshop with left turning as a top concern. The latter two intersections are areas were improvements may be most easily achieved, specifically to make crossing safer and more visible. The intersection improvements were generally presented at the second community workshop but were not provided with preference voting, and they do not include estimated costs.
Drew Street & Myrtle Avenue
The intersection improvements would add: 1. Left turn lanes on Drew Street; 2. Signal head modification; and 3. Enhanced planting.
Drew Street & North Betty Lane The intersection improvements would add: 1. Left turn lane; 2. Modified sidewalk; 3. New curb;
4. Landscaped medians.
9
Existing (left) and Proposed (right) Drew Street & Corona Avenue Intersection
Existing (left) and Proposed (right) Drew Street, Old Coachman Road & Duke Energy Trail Intersection
Drew Street & Corona Avenue The intersection improvements would add: 1. Landscaped medians; 2. Crosswalk barrier
medians.
Drew Street & Old Coachman Road & Duke Energy Trail The intersection improvements would add: 1. No right turn on red; 2. Trail signage improvements; 3. Widened stamped high emphasis crosswalk; 4. Decreased turn radii and ADA
ramp improvements.
Complete Drew Street Conclusion The Complete Drew Street project received overwhelming public involvement and the neighborhoods’ strong desire for a safe and accessible Drew Street was evidenced at every step.
This project provides an opportunity for the future of the City and its transportation network by
enhancing multimodal networks and safety. The Planning and Development Department is recommending Scenario B for each segment, as detailed above. The improvements illustrated in the recommended scenarios will help achieve the City’s strategic direction to provide cost effective municipal services and infrastructure; facilitate development of the economy; and to
support a high quality of life and experience. As the full design and implementation will take
time, more immediate intersection improvements to the project area are also recommended. Additional options, such as testing the scenarios as pilot programs for the lane reductions, should be pursued. Many municipalities have used paint and other low-cost supplies to “temporarily” reconfigure streets in order to measure the success of a scenario prior to full implementation.
This would be possible on the City-owned segment.
COMPLETE DREW STREETCity of Clearwater Work SessionWork SessionJuly 30, 2018
COMPLETE DREW STREETOverview•Purpose of the Plan •Re‐cap why we are doing this? •What have we learned?•Review of concepts
COMPLETE DREW STREETPurpose of the PlanDevelop concepts that help:•Improve safetyand reduce crashes •Increase accessibilityand connectivitywith land useswith land uses•Support existing businessesandfuture growth•Promote active living by improving access to trails 3
COMPLETE DREW STREETSchedule‐Ties in with overall citywide plan
COMPLETE DREW STREETD St t Cid Sg tDrew Street Corridor SegmentsJurisdictionCity of ClearwaterFDOTPinellas CountyPinellas CountySegment 1Osceola Ave to Segment 2Myrtle Avenue to Segment 3Keene RoadOsceola Ave to Myrtle AvenueMyrtle Avenue to Keene RoadKeene Roadto US 19
COMPLETE DREW STREETillDaily Volumes
COMPLETE DREW STREETWhy are we doing this? Safety
COMPLETE DREW STREETCrash Analysis (2012 to 2017) •1,600 crashes (all modes),()•2 fatalities •50 serious injuries50 serious injuries•25 pedestrian crashes (3 serious injuries)(3 serious injuries)•44 bicycle crashes ( i ij i )(5 serious injuries)
COMPLETE DREW STREETNumberofCrashesalongDrewStreet400500Number of Crashes along Drew Street100200300Drew Street 2013 2014 2015 20161002013 2014 2015 2016Number of Total Crashes 310 288 318 364Pedestrian Crashes 5 4 3 4Bi lCh41197Bicycle Crashes41197Serious Injury Crashes 4 5 11 13*2012 and 2017 are not included as data was only partial data was available
COMPLETE DREW STREETWhy are we doing this? Narrow Sidewalks
COMPLETE DREW STREETWhy are we doing this? Trail Connectivity
COMPLETE DREW STREETWhy are we doing this? Lack of Left Turn Lanes
COMPLETE DREW STREETWhy are we doing this? Lack of Mid‐Block Crossings13
COMPLETE DREW STREETWhy are we doing this? Quality of Life & Economic Benefits
COMPLETE DREW STREETWhy are we doing this? Lack of Landscaping
COMPLETE DREW STREETWhy are we doing this? Intersections can be dangerous16
COMPLETE DREW STREETPublic Outreach: What we’ve heard•Focus Group InterviewsMtig ith FDOT & Pi ll Ct & Fd Pi ll•Meeting with FDOT & Pinellas County & Forward Pinellas•Complete Street Advisory Committee•MetroQuest Survey #1kh•Community Workshop #1•Meeting with FDOT •Meeting with City of Clearwater Staff & PSTA •MetroQuest Survey #2•Community Workshop #2•Complete Streets Advisory Committee•City Council Work Session
COMPLETE DREW STREET1stMetroQuest Survey Results•Over 1,450 participants•Problem area markers•Top ranked priorities: •Reduce crashesMaintain tra el time•Drew Street & Betty Lane•Drew Street & Keene Road•Drew Street & Missouri •Maintain travel time•Improve vehicle turning •Drew Street & Missouri Avenue/NE Cleveland Street
COMPLETE DREW STREET1stCommunity Workshop FeedbackTop 5 Answers to “What Top 5 Answers to “How would are your concerns with Drew Street?”Answer Commentyou improve Drew Street?”Answer CommentWiden Lanes7Safety6Speeding4Lane Width4Lower Speed Limit6Improve Bike Lanes and Sidewalks5Sidewalks3Street Lighting3Add Lanes3Enforce Speed Limit3
COMPLETE DREW STREET1stCommunity Workshop Areas of ConcernTop 5 Stickers Placed on East Drew StreetTop 5 Stickers Placed on West Drew StreetStreetSticker VotesSpeed Reduction 5MidBl kIt5StreetSticker VotesSpeed Reduction 16EhSid lk14Mid‐Block Improvements5Add Bicycle Facilities 4Improved Turning 3dbEnhance Sidewalks14Street Lighting 12Improved Turning 8ddilili i6Roundabout 1Add Bicycle Facilities6
COMPLETE DREW STREET2ndCommunity WorkshopIt’s Safety is Better scary! priority! bike RouteSlow Safety Critical E/W connector, importantforHave turn lanes & 21it down! yFirst! important for neighborhood& businesses! reduce speed
COMPLETE DREW STREETDOWNTOWNNEIGHBORHOODCOMMERCIALDOWNTOWNNEIGHBORHOODCOMMERCIAL
COMPLETE DREW STREETDrew Street: Osceola Avenue to Myrtle AvenueDrew Street: Osceola Avenue to Myrtle AvenueScenario A: Existing
COMPLETE DREW STREETDrew Street: Osceola Avenue to Myrtle AvenueDrew Street: Osceola Avenue to Myrtle AvenueScenario B: Bi‐Directional Bike Lanes
COMPLETE DREW STREETDrew Street: Osceola Avenue to Myrtle AvenueDrew Street: Osceola Avenue to Myrtle AvenueScenario C: Wider Sidewalks / Shared Use Path
COMPLETE DREW STREETGeneralized Costs: Osceola Avenue to Myrtle AvenueOsceolaAvenuetoiiOsceola Avenue to Myrtle Avenue Scenario B Scenario CStreets & Sidewalks$342,000 $406,000 $,$,Landscaping$22,000 $34,000 Lighting$15,000$15,000gg$15,000 $15,000 Design*$130,000 $155,000Total$509,000$610,000$,$,
COMPLETE DREW STREETWhat We LearnedCitywideDowntown: Osceola Ave. to MyrtleAveCommunity Workshop June2818Online Survey June 18 –July9*Citywide Complete Street Advisory Myrtle Ave. June 28, 18July 9 * CommitteePublic Preference A: 11% voted for ARated 2.56 0% voted for APublic Preference B: 61%voted for BRated 2.96 78% voted for BPublic Preference C: 28% voted for CRated 3.31 22% voted for C * In the survey participants rated the concepts from 1 to 5 stars, a higher number is a stronger preference
COMPLETE DREW STREET•Concept B is the recommended scenario
COMPLETE DREW STREETDrew Street: Myrtle Avenue to Keene RoadDrew Street: Myrtle Avenue to Keene RoadScenario A: Existing
COMPLETE DREW STREETDrew Street: Myrtle Avenue to Keene RoadDrew Street: Myrtle Avenue to Keene RoadScenario B: Reapportion the Lanes with Center Turn Lane & Landscaped Medians
COMPLETE DREW STREETLandscaping Examples: Gulf to Bay/SR 60
COMPLETE DREW STREETDrew Street: Myrtle Avenue to Keene RoadDrew Street: Myrtle Avenue to Keene RoadScenario C: Roadway Widening
COMPLETE DREW STREETGeneralized Costs: Myrtle Avenue to Keene RoadMyrtle Avenue to Scenario B Scenario CyKeene RoadStreets & Sidewalks$2,703,000 $9,170,000 Landscaping$341,000 $339,000 Lighting$91,000 $91,000 ,,Property Acquisition‐‐‐Not includedDesign$1,044,000$3,160,000$, ,$, ,Total$4,179,000 $12,760,000
COMPLETE DREW STREETWhat We LearnedNeighborhood: Myrtle Avenue to Community Workshop Online Survey June 18 –Citywide Complete Street AdvisoryKeene Road June 28, 18 July 9 * Advisory CommitteePublicPreferenceA:8%votedforARated2.370%votedforAPublic Preference A: 8% voted for ARated 2.370% voted for APublic Preference B: 77% voted for BRated 2.94 78% voted for BPublic Preference C: 15% voted for CRated 2.75 22% voted for C * In the survey participants rated the concepts from 1 to 5 stars, a higher number is a stronger preference
COMPLETE DREW STREET•Concept B is the •Concept B is the recommended scenario
COMPLETE DREW STREETDrew Street: Keene Road to US 19Drew Street: Keene Road to US 19Scenario A: Existing
COMPLETE DREW STREETDrew Street: Keene Road to US 19Drew Street: Keene Road to US 19Scenario B: Landscaped Medians & Midblock Crossings
COMPLETE DREW STREETDrew Street: Keene Road to US 19Drew Street: Keene Road to US 19Scenario C: Wider Bike Lanes & Sidewalks
COMPLETE DREW STREETGeneralized Costs: Keene Road to US 19KRdUS19SiBSiCKeene Road to US 19Scenario BScenario CStreets & Sidewalks$2,065,000 $3,637,000 d$$Landscaping$427,000 $409,000 Lighting$107,000 $90,000 $$Design$869,000 $1,372,000 Total$3,468,000 $5,508,000
COMPLETE DREW STREETWhat We LearnedCommercial:KeeneRoadtoUS19Community Workshop Online Survey June 18 –Citywide Complete Street AdvisoryKeene Road to US 19June 28, 18July 9 * Advisory CommitteePublicPreferenceA:18%votedforARated2760%votedforAPublic Preference A: 18% voted for ARated 2.760% voted for APublic Preference B: 58% voted for BRated 3.49 80% voted for BPublic Preference C: 24% voted for CRated 2.55 20% voted for C * In the survey participants rated the concepts from 1 to 5 stars, a higher number is a stronger preference
COMPLETE DREW STREETih•Concept B is the recommended scenario scenario
COMPLETE DREW STREETDrew Street & Myrtle Avenue
COMPLETE DREW STREETD St t & Btt LDrew Street & Betty Lane43
COMPLETE DREW STREETDrew Street & Corona Avenue
COMPLETE DREW STREETD St t & Old Ch RdDrew Street & Old Coachman Road45
COMPLETE DREW STREETNext Steps•Finalize concepts •Final Report •City Council (September 6th) y(p)•Follow up needed with FDOT and Pinellas County y
COMPLETE DREW STREETTh k !Thank you!
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4922
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Planning & Development
Agenda Number: 7.2
SUBJECT/RECOMMENDATION:
Provide direction regarding amending City Council Policy 5-1, Application Fee Waivers. (WSO)
SUMMARY:
Staff is seeking direction to amend City Council Policy 5-1 to exempt the Pinellas Suncoast
Transit Authority from plan review and permitting fees.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
Page 1 City of Clearwater Printed on 7/30/2018
CITY OF CLEARWATER
CITY COUNCIL POLICIES
Adopted 5-17-2018
i As Approved at 5/17/18 Council Meeting
CITY COUNCIL POLICY MANUAL
Table of Contents
POLICY # POLICY TITLE ADOPTED
DATE
MOST
RECENT REVISION
1 – BOARDS
1-1 Ad Hoc Committees 1-2 Advisory Board Appreciation 12/1/16
1-3 Campaign Material During Meetings
1-4 City Representatives on Non-City Boards 12/1/16 1-5 Input from Advisory Boards 10/6/05
1-6 Input to Other Boards/Committees 12/1/16
1-7 Letterhead 1-8 Non-Board Business Functions - Sunshine Law
1-9 Representative Balance
1-10 Special Requests
2 – BUDGET and FINANCE
2-1 Accounting Procedures 2-2 Audit Committee 12/1/16
2-3 Balanced Budget
2-4 Budget Review Process 12/1/16
2-5 Budgetary Position Control 12/1/16
2-6 CRA Contribution to General Fund
2-7 Capital Improvement Budget &
Capital Improvement Plan
2-8 Central Insurance Reserve Policy 10/6/05 2-9 Clearwater Gas System Gas Supply Hedging Policy 12/2/04 12/1/16
2-10 Debt Management Policy 12/1/16
2-11 Enterprise Funds
2-12 Enterprise Fund Transfer Payment 5/17/17
2-13 General Fund Unappropriated Retained Earnings 9/14/11
2-14 Interfund Administrative Charge 12/1/16
2-15 Interfund Other Service Charges 2-16 Investment Policy 5/17/18
2-17 Maintenance of Capital Plant and Equipment
2-18 Review of Annual Audit
2-19 Review of Rate Schedules 5/17/17
2-20 Road Millage
2-21 Special Events Fee 5/17/18
ii As Approved at 5/17/18 Council Meeting
CITY COUNCIL POLICY MANUAL
Table of Contents – Cont’d
POLICY # POLICY TITLE ADOPTED
DATE
MOST
RECENT REVISION
3 – CITY COUNCIL
3-1 Annual Events 12/1/16
3-2 Citizen Inquiries - Responses 12/1/16
3-3 Council Travel 12/1/16
3-4 Departing Councilmembers’ Gifts 12/1/16
3-5 Distribution of Council Correspondence 12/1/16
3-6 Fund Raisers 11/20/14
3-7 Information Available to Public and Press 8/21/03
3-8 Proclamations 12/1/16 3-9 Representation on Boards 12/1/16
3-10 Resolutions
3-11 Staff Projects 12/1/16 3-12 Strategic Direction/Planning 12/1/16
3-13 Televising Council Meetings
4 – CITY EMPLOYEES
4-1 Participating in Auctions
4-2 Reimbursement of Certain Meal Events 5 – GENERAL ADMINISTRATION
5-1 Application Fee Waivers 12/1/16
5-2 Block Party Insurance Requirements
5-3 Bright and Beautiful 12/1/16
5-4 Citizens to be Heard Response 10/6/05 5-5 City Sponsored Events 6/2/08 12/1/16
5-6 Copyright Fees 5/17/18
5-7 Courtney Campbell Causeway (State Road 60) Welcome Signage Program 11/20/14 12/1/16
5-8 Economic Development Incentive Policy 5/17/17
5-9 Fire Lanes 5/17/17
5-10 Renewal of Agreements
5-11 Roadside Memorial Marker Program 11/20/14 12/1/16 5-12 Special Event Street Closure Limitation 2/16/17
5-13 Stationery 12/1/16
5-14 Welcome Letters
iii As Approved at 5/17/18 Council Meeting
CITY COUNCIL POLICY MANUAL
Table of Contents – Cont’d
POLICY # POLICY TITLE ADOPTED DATE MOST RECENT REVISION
6 – LAND DEVELOPMENT
6-1 Annexation Agreements
6-2 Foreclosure 3/1/18 6-3 Landscaping of City Roads 12/1/16
6-4 New Sidewalks 5/17/17
6-5 Parks & Recreation Card to Annexing Property
6-6 Petitions for Annexation
6-7 Subdivision Monuments 12/1/16
6-8 Waiver/Reduction of Liens
7 – LEGAL
7-1 Case Reports 8 – LEISURE 8-1 Ages 12-13 Supervised Use of City Recreation Fitness Facilities 12/1/16
8-2 Amplification of Sound at City Venues 10/6/05
8-3 Holiday Decorations 12/1/16
8-4 Library Donor Naming Recognition
1 As Approved at 5/17/18 Council Meeting
CITY COUNCIL POLICY
BOARDS
Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces.
1-1
Advisory Board Appreciation. Each recipient of an invitation to the Annual Advisory Board Appreciation event may bring one guest. Members should attend at least one meeting prior to being invited to the annual event.
1-2
Campaign Material During Meetings. During City Council and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot.
1-3
City Representatives on Non-City Boards. Citizens appointed by City Council to be
the City’s representatives on non-City Boards will serve no more than three consecutive terms, at the discretion of City Council. The representatives shall keep the Council informed of the activities of the boards.
1-4
Input from Advisory Boards. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council’s agenda items.
1-5
Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy.
1-6
Letterhead. Advisory Board letterhead may be used and staff assists when
correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns.
1-7
Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility
or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions.
1-8
Representative Balance. When making appointments to a board, the City Council will strive to assure the board has a balance of race, gender and geographical area of the City represented.
1-9
Special Requests. Requests for special reports on projects will require Council or City
Manager’s approval prior to staff commencing efforts in this regard.
1-10
2 As Approved at 5/17/18 Council Meeting
CITY COUNCIL POLICY
BUDGET and FINANCE
Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted
Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida.
2-1
Audit Committee. It is a policy of the City Council to have an Audit Committee for the selection of a Certified Public Accounting firm for the annual audit, in compliance with Section 218.391, Florida Statutes. The Audit Committee will be appointed by the City
Council and may be comprised of council members, council appointees, and/or city employees as determined by the City Council. The Audit Committee will be responsible to solicit proposals via a competitive RFP process every five years at a
minimum. The Audit Committee may also manage the audit process as appropriate.
2-2
Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at
the expense of future budgets. The City will also avoid budgeting any unrealized
investment gains due to the City’s practice of holding investments until maturity.
2-3
Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report and an annual operating budget comparing actual versus budgeted revenue and expense activity.
2-4
Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the
annual operating budget may not be exceeded without prior approval of the City Council.
2-5
CRA Contribution to General Fund. It is the City's policy that services provided for
administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated
costs.
2-6
Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which
summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project.
2-7
Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or
increases in property, workers’ compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-
2-8
3 As Approved at 5/17/18 Council Meeting
insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years.
2-8
cont’d
Clearwater Gas System Supply Hedging Policy: It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period.
The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product
on its behalf. The General Manager of FGU shall not be authorized to enter into a Financial Product on a system-wide basis for CGS without a Directive from the City Representative.
Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to
meet applicable accounting standards as a “hedge” for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution 02-02 the City
of Clearwater, Florida, the terms of such agreement shall prevail. In above policy, these terms are defined as:
1. “City Representative” means a representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall
include, without limitation, any person designated as a “member representative” or
“project participant representative” under an agreement between FGU and the City of Clearwater, Florida.
2. ”Directive” means an instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments.
3. ”Financial Instruments” means one or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both.
4. ”Financial Products” means swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the
foregoing, whether executed “over-the-counter” pursuant to private agreement of
“exchange-traded” on one or more regulated contract markets.
2-9
4 As Approved at 5/17/18 Council Meeting
5. ”Hedge” means to minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term
“Hedging” shall be construed accordingly.
6. ”Speculation” means using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities.
2-9
cont’d
Debt Management Policy. This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all
borrowings, and achieving the lowest possible cost of capital within prudent risk parameters.
The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and
other beneficiaries.
1. General:
A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an
economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar
maturity schedule to the original debt.
2. Type and Structure of Debt:
A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long-term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost-effective. C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department.
2-10
5 As Approved at 5/17/18 Council Meeting
3. Issuance of Obligations A. Selecting Service Providers: 1. The City may retain an independent financial advisor for advice on debt
structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement.
2. The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3. As necessary, the City may retain other service advisors, such as
trustees, underwriters, and pricing advisors. 4. Any process utilized to select professional service providers in
connection with the City’s debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a. Promote competition b. Be as objective as possible c. Incorporate clear and rational selection criteria d. Be independent of political influence e. Be perceived as fair by the respondents f. Result in a cost-effective transaction g. Result in the selection of the most qualified firm h. Eliminate conflict of interest B. Method of Sale
1. Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for
the City. 2. Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the
bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3. Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1. Bonds will generally not have more than a thirty-year duration.
2. Lease Purchase debt will generally not have more than a five-year duration.
4. Post-Issuance Compliance
A. In order to comply with federal tax laws and maintain the tax-exempt status of certain municipal debt issues, Post-Issuance Compliance monitoring is required at regular intervals as follows:
1. Identification of debt-financed facilities and ongoing tax requirements - at time of issue, including a review of tax certificate executed at closing 2. Qualified use of bond proceeds – ongoing
3. Qualified use of facilities financed with debt proceeds - ongoing by monitoring discussions at staff meetings 4. Arbitrage yield restriction and rebate – annually as soon as bank
statements containing the last day of the bond year are available 5. Maintenance of bona fide debt service fund – recalculate sinking fund deposit requirements semi-annually after each interest payment date
2-10
cont’d
6 As Approved at 5/17/18 Council Meeting
6. Continuing Disclosure documents other than Significant Events and Notices to Bondholders – annually by due dates through EMMA Dataport
7. Significant Events – upon occurrence through EMMA Dataport 8. Notices to Bondholders – upon occurrence of an event requiring notice B. Procedures for Ensuring Timely Compliance
1. The Finance Director (or designee) will review project invoices presented for payment from bond proceeds and authorize payment if use of proceeds is proper.
2. The Finance Director (or designee) will participate in staff meetings where discussions are held regarding use of debt-financed facilities. 3. The Finance Director (or designee) will calendar all bond year-ends and coordinate transmission of bank statements and other arbitrage-related documents with the outside arbitrage consultant within one month of the bond year-end. 4. The Finance Director (or designee) will re-calculate monthly sinking fund deposit requirements semi-annually after each interest payment, and annually after each principal payment. 5. The Finance Director (or designee) will consult with the City’s Disclosure Counsel, as needed, regarding disclosure of Significant Events. C. Procedures Reasonably Expected to Timely Identify Noncompliance 1. The Finance Director (or designee) will review the Continuing
Disclosure Checklist for upcoming due dates at the beginning of each calendar quarter. 2. The Finance Director (or designee) will send required continuing
disclosure documents to the City’s Disclosure Counsel for review and approval before filing through the EMMA Dataport. 3. Continuing disclosure due dates will be calendared by the Finance
Director and by the designee, as a backup reminder. 4. The annual financial statement audit will include review by external auditors of use of debt proceeds, debt service accounts and payments, and review of minutes of official meetings. D. Procedures for Ensuring Timely Correction of Noncompliance 1. When noncompliance has been identified, the Finance Director will promptly provide required documents or consult with Disclosure Counsel, Bond Counsel or other outside specialists as needed. If a possible violation of the tax rules is identified, the Finance Director will
consult with counsel to determine if a “remedial action” should be taken under the Treasury Regulations or if a closing agreement request
should be submitted to the Internal Revenue Service under the Voluntary Closing Agreement Program. The City Manager and Council will be notified to take additional steps, if necessary, to timely correct
the noncompliance. 2. Upon receipt of any correspondence from, or opening of an examination of any type with respect to tax-exempt debt issued for the
benefit of the City, the Finance Director will promptly notify the City Manager and consult with outside counsel as necessary to respond to the IRS.
2-10
cont’d
7 As Approved at 5/17/18 Council Meeting
E. Recordkeeping Requirement and Records Retention All relevant records and contracts shall be maintained in retrievable paper or electronic format for the term of the debt plus a minimum of three years. The
term of the debt shall include the term of all debt which refunds the original new money issue, including debt issued to refund debt in a series of refundings.
Records required to be maintained include: 1. Basic records relating to the debt transaction, including the debt transcript of proceedings and other relevant documents delivered to the City in
connection with the issuance and closing of the debt transaction. 2. Documents evidencing expenditure of debt proceeds, including but not limited to: a) Construction contracts b) Purchase orders c) Invoices and applications for payment d) Trustee requisitions and payment records e) Documents related to costs reimbursed with debt proceeds, including related issuer resolutions f) Records identifying the assets or portion of assets financed or refinanced with the debt proceeds g) A final schedule of property financed by the debt and final allocation of debt proceeds 3. Documentation evidencing the use of debt-financed property, including
records of lease or sale of debt-financed property for public or private purposes, and any change in use of debt-financed property from its original intended purpose.
4. Documentation evidencing all sources of payment or security for the debt. 5. Documentation pertaining to investment of debt proceeds, including but not limited to:
a) Purchase and sale of securities b) SLGs subscriptions c) Yield calculations for each class of investments d) Actual income received from the investment of proceeds e) Investment agreements f) Trustee statement g) Arbitrage rebate calculations and reports
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Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council.
2-11
Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues.
April 1989 policy adopted by councilmembers established this rate at 4.5% of
prior-year gross revenues. This proportionate rate was adopted to
accommodate growth and replaced prior years' policy of a prescribed dollar
contribution. Other than the exceptions noted below, the rate of 4.5% remained in effect until the City Council adopted the amended rate of 5.5% in September
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8 As Approved at 5/17/18 Council Meeting
2005.
Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council
agreed to replace the Gas Support contribution with a franchise fee from natural
gas customer accounts payable to the General Fund. This, in combination with
the Gas dividend, offered the General Fund the same level of support as fiscal
year 1995/96. The Gas System Dividend will be 50% of the Gas System Net
Income less Bond Interest Earnings, but no less than a $1,700,000, plus a
PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will
be paid by the Gas Franchise Fees to offset such PILOT payment.
In September 2000, with the adoption of the 2001/02 Annual Operating Budget,
the City Council expanded this policy, which had previously been imposed only
on the utility enterprises, to include an annual payment in lieu of taxes from the
Marine and Airpark Fund. In FY 2009 the Parking Fund began paying the
PILOT.
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General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted
expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to
½% of the subsequent year’s budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the
City Manager’s quarterly budget report.
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Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments
among all operating departments. This distribution shall be proportionately based on the operating department's annual budget, and shall not be charged to General Fund departments.
Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council
agreed to maintain the same charge for administrative support from the Gas
Fund for fiscal year 1995/96 which will be increased annually by estimated the
cost of salary increase index (fiscal year 2001/02 - 5%).
Beginning in fiscal year 2001, the City Council approved an adjustment to the
Gas Fund charge increasing the charge by $325,000 over the computed amount
to bring the Gas Fund more in line with the proportionate amount calculated in
the same manner as the Other Enterprise Funds.
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Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund.
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9 As Approved at 5/17/18 Council Meeting
Investment Policy.
1. Scope
This statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds:
• General
• Special Revenue
• Debt Service
• Capital Projects
• Enterprise
• Internal Service Funds
• Fiduciary Funds The policies set forth do not apply to the non pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements.
2. Investment Objectives A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will
be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a
specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have
a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio.
3. Performance Measurement The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return.
The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution
Overnight rate 15% 3 month Treasury Bill rate 15% 6 month Treasury Bill rate 15%
1 year Treasury Bill rate 15% 3 year Treasury Note rate 15% 5 year Treasury Note rate 15%
10 year Treasury Note rate 10% Total 100% Weighted average maturity of benchmark 2.46 years
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10 As Approved at 5/17/18 Council Meeting
4. Prudence and Ethical Standards The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived."
The "Prudent Person" rule shall be applied in the context of managing the overall portfolio.
5. Authorized Investments The City shall limit investments, as authorized in Florida Statutes to: A. Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. B. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac).
C. U.S. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. D. Interest-bearing time deposits or savings accounts, in a qualified Public
Depository as defined in s. 280.02 Florida Statutes. E. Debt issued by the State of Florida or any political subdivision thereof including pools.
F. Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. G. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy.
H. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01 Florida Statutes.
I. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service.
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11 As Approved at 5/17/18 Council Meeting
6. Maturity and Liquidity Requirements A. The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have
investments maturing that month in excess of the forecasted deficits. B. The City’s intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may
temporarily be greater than three years but no greater than five years.
7. Portfolio Composition, Risk and Diversification
Assets held shall be diversified to control risk of loss resulting from over-concentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% Collateralized Mortgage Obligations and Real Estate Mortgage Investment Conduits 33% Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee.
8. Authorized Investment Institutions and Dealers
A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State
Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be
managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee.
9. Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director.
10. Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be
covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement.
11. Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of
investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where:
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12 As Approved at 5/17/18 Council Meeting
A. The security involved is a ‘new issue’ and can be purchased ‘at the auction.’ B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement.
D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City.
It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices
from one of the following to determine if the transaction is in the City's best interest: A. Bloomberg Information Delivery System. B. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. C. Daily market pricing provided by the City's Custody Agent or their corresponding institution.
12. Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make
investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City.
The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be
the Finance Director, Assistant Finance Director, Accounting Manager and any other City staff members appointed by the Finance Director.
13. Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned
14. Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The
members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above.
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Maintenance of Capital Plant and Equipment. It is a policy of the City Council that
the City’s budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement.
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13 As Approved at 5/17/18 Council Meeting
Review of Annual Audit. It is a policy of the City Council to have a Certified Public
Accounting firm perform an annual audit on all of the City’s funds. A work session will be held each year within 60 days of the release of the annual financial audit of the
City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed.
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Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater enterprise funds at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while
covering the City’s cost to provide the service.
Unrestricted utility fund balances (working capital reserves) should be maintained
pursuant to the most recent rate review or at a level equivalent to at least six months’
operation and maintenance expense, whichever is greater, and three months for all other enterprise and internal funds
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Road Millage. In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs.
2-20
Special Events Fee. The Special Events Committee will review applications for use of
City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item
confirming co-sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council acceptance in March of each calendar year. All items accepted by the Council are then to be included in the appropriate department’s
budget. Only after the item is passed as part of the approved budget is the item considered to be funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated.
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14 As Approved at 5/17/18 Council Meeting
CITY COUNCIL POLICY
CITY COUNCIL
Annual Events. Newly elected Councilmembers and Councilmembers-elect shall be invited to the annual Phillies dinner and advisory board appreciation event.
3-1
Citizen Inquiries - Responses. A. Generally responses should be in the same form as received, i.e. letter with
letter. However, when deemed to be more appropriate a different form may be used. B. Inquiries addressed to a specific Councilmember will be responded to by that
Councilmember. C. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Councilmembers, will be answered factually by the Mayor using language that indicates that he or she is responding for the Clearwater City Council. When needed, responses will be brought to Council for direction, prior to being sent. Mail will be routed to the appropriate staff to draft a
response. Individual Councilmembers are not precluded from responding individually to express their opinion. D. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. E. Inquiries and responses will be distributed, via e-mail, to all Councilmembers F. Form letters or emails may be acknowledged but will not require a customized response.
3-2
Council Travel. Payment for travel expenses shall be in keeping with the charter and
the City’s travel code. Specific amounts of the Council’s travel budget shall be allocated to each Councilmember during annual budget preparations. At the end of each fiscal year Councilmembers shall provide a report detailing that year’s travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel.
3-3
Departing Councilmembers’ Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one
full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures. Two full terms. Plaque, nameplate, letter, City watch, Council pictures. Three or more full terms. Plaque, nameplate, ring, collage or album, tray with seal, letter, gag gift, caricature.
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15 As Approved at 5/17/18 Council Meeting
Distribution of Council Correspondence. All correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be distributed as
follows: When needed, e-mails will be forwarded to all Councilmembers by the Council
Assistant. Councilmembers will receive the original of hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other
correspondence will be available on the City’s website through the electronic
document management system. Mail will be delivered to the Council once per week, or as needed. Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and items of considerable length (such as petitions and agenda materials for other boards) will not be distributed. These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system.
Unless otherwise directed, correspondence with the words similar to “Personal,”
“Confidential,” or “For the Addressee Only” will be delivered unopened to the addressee. If such correspondence is determined to be related to City business,
the receiving Councilmember is to forward it to the Council Assistant for distribution.
The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account
will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution.
3-5
Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives.
3-6
Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public via the Official Records and Legislative Services Department.
3-7
Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap.
Proclamations will not be issued to individuals, companies, “for profit” organizations, profit making agencies, political organizations or religious organizations, except for significant anniversary events of 50 years or 100 years.
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16 As Approved at 5/17/18 Council Meeting
Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers.
Appointment of Councilmembers to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive
Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is
to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports.
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Resolutions. An individual Councilmember may request a resolution. However, prior
to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so.
3-10
Staff Projects. A Councilmember shall request staff research or projects only through
the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or
projects, except for legal advice to an individual, will be shared with all councilmembers.
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Strategic Direction/Planning. Prior to June 1st of each year and prior to the
development of the City Manager’s proposed budget, the City Council shall meet in a strategic planning session(s) to review the five-year financial forecast and update as
necessary, the City’s Vision, Mission and Strategic Direction (Goals). From these
documents a five-year strategic plan will be updated.
3-12
Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed-door attorney/client or bargaining sessions will be televised.
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17 As Approved at 5/17/18 Council Meeting
CITY COUNCIL POLICY
CITY EMPLOYEES
Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been
abandoned and confiscated, acquired with public funds, or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items.
4-1
Reimbursement of Certain Meal Events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions.
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18 As Approved at 5/17/18 Council Meeting
CITY COUNCIL POLICY
GENERAL ADMINISTRATION
Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other
governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg College - refunded building permit fee for parking lot Skye Lane Properties, LLC – waived permit, application, inspection, and other fees
via Resolution 14-03 None of the above includes waiving impact fees.
5-1
Block Party Insurance Requirement. In order to insulate the City from claims resulting from activities held in the public right-of-way in City-permitted block parties, block parties shall be administered using a two-tier approach, which differentiates between smaller scale block parties that do not include amusements or alcohol in the right-of-way (Tier 1 block parties) from those larger-scale parties that include high risk components and activities (i.e., alcohol zones, fire pits, inflatable amusements) (Tier 2 block parties). Prior
to the issuance of a block party permit, block parties categorized as Tier 2 shall be required to demonstrate that they have general liability insurance in the amount of $1,000,000 for which the City is listed as additionally insured.
5-2
Bright and Beautiful. In order to maintain and enhance the image of Bright and Beautiful Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e. fence
landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e. placement of dumpsters, fencing of dumpsters, property
landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be
developed.
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19 As Approved at 5/17/18 Council Meeting
Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. 5-4
City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20% less.
5-5
Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to MPLC for showing movies at various recreation centers.
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Courtney Campbell Causeway (State Road 60) Welcome Signage Program.
1. Welcome signs are intended to greet visitors to Clearwater and share accomplishments of national or international significance (awards) or significant
historical events that have been a part of the City of Clearwater.
2. Florida Department of Transportation (FDOT) has permitted two welcome signs to be installed by the City on FDOT right-of-way on the north side of Courtney Campbell Parkway (State Road 60): 1) a general welcome to City of Clearwater sign and 2) a sign dedicated to recognizing a special award of national or international significance or a Clearwater historical event.
3. The Parks and Recreation Department is responsible for the coordination of the Courtney Campbell Parkway (State Road 60) Welcome Signage Program.
4. Installation of a welcome sign will be processed in accordance with the following: A. Requests for a welcome sign shall be submitted in writing to the Parks and Recreation Department by filling out a Courtney Campbell Parkway (State Road 60) Welcome Signage Program Application. The form is available online at www.myclearwater.com, or by calling the Parks and Recreation Department. B. The award to be recognized by the welcome sign must be of national or
international significance. 1. Accomplishment of national or international significance is an achievement or completion of an award granted to an organization or to the City in
recognition of being the best in the entire nation or the best involving two or more countries that promote and enhance the image of Clearwater. 2. Significant Clearwater historical events are defined as events that are unique
to Clearwater and add to the overall understanding of the City and its history. C. If approved, a welcome sign may be allowed for a period not to exceed two years.
D. Requests for a welcome sign may be made by a group or an individual, however written approval to use the event or award to be recognized must be secured from the governing body being represented. In cases where the request is for a
group or organization no longer in existence but historically significant to the City, no approval is necessary. E. Welcome signs, if approved, will be designed, constructed and installed by the Parks and Recreation Department. Requesting group is responsible to reimburse the City for all direct expenses (approximately $1,000 - $2,000). F. The City Council must approve all welcome sign application requests. G. The Courtney Campbell Parkway (State Road 60) Welcome Signage Program is dependent on continued permitted approvals given by FDOT. If for some reason FDOT does not approve permitting the welcome signs, this policy becomes void and any existing signage would be removed.
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20 As Approved at 5/17/18 Council Meeting
Economic Development Incentive Policy. Economic Development incentives should be carefully crafted in a transparent manner to ensure that they yield a net benefit to City residents. The following principles should be considered when making determinations:
A. The targeted investment would not occur without the incentive; B. The investment should generate new economic activity in the area; C. Each project should be evaluated on a case-by-case basis using the guiding
principles articulated in the City’s Economic Development Strategic Plan; D. The Economic Development and Housing Department is the lead department for the development, evaluation, negotiation, measurement and reporting of
City-wide economic development incentives. 1. Incentive Types Incentives may be established as Programs or Tools and may provide financial and non-financial inducement to the business, property owner, or developer of a qualifying project: A. Incentive Programs are established by Ordinance or Resolution and require the development of published guidelines and application for submittal by a qualifying project: 1. Qualifying criteria and disclosure of the methods by which the Economic Development and Housing Department will evaluate, negotiate, measure and report information contained within the application must be established within the guidelines. B. Incentive Tools are those activities and resources provided by, or on behalf of, the Economic Development and Housing Department and are not subject to an
application process. The use of financial incentive tools are subject to Council approval. C. Financial Incentives must identify the source of funds, as may be permitted by
law and may be available from time to time, which may include, but are not necessarily limited to: 1. Ad valorem tax exemption as permitted by statute;
2. The limited waiving, crediting, or payment of fees; 3. Reduced rent on city-owned property; 4. Grant or loan-to-grant agreements; 5. Low-interest loans; 6. Land exchange of comparable appraised value; 7. Financial support of infrastructure improvements; 8. Matching grant funds or in-kind services; 9. Funds for programs or services; 10. Brownfield assessment funds; 11. Public utility tax exemption; 12. Local match of state authorized programs.
D. Non-financial incentives may include: 1. Expedited planning review and approval process; 2. Access to Economic Development services;
3. Other city services, as appropriate.
2. Creation or Establishment of Incentive Programs and Tools From time to time, Incentive Programs or Tools may be created or established. Such
Programs or Tools must include: A. Statement demonstrating how the proposed incentive relates to the broader economic development strategies including desired development areas
identified in the Economic Development Strategic Plan, Adopted Long Range Plans, Consolidated Plan, and others; B. Desired goal of the program or tool;
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21 As Approved at 5/17/18 Council Meeting
C. Identification of qualifying criteria which may include, but are not limited to: 1. Minimum number of new full-time city positions created by the business as a result of relocating to or expanding in the city;
2. Minimum average annual wage of the new employees of the business located in the city; 3. Minimum threshold of capital investment in the city;
4. Geographic boundaries in which the Program or Tool may be applied; 5. Sales factor; 6. Industry type including Primary Targeted Industry, if applicable.
D. Methods of evaluation: 1. Quantitative Measures: a. Economic, Fiscal and Incentive Impact Analysis; b. Jobs created/retained; c. Average wage of new jobs; d. Capital investment generated; 2. Qualitative measures which identify the achievement of specific community goals. E. Reporting requirements and maintenance of records: 1. Where applicable, economic development incentives approved by Council will be reported as per Council, State and Federal reporting requirements. F. For Financial Incentives: 1. The method of payment for performance and recapture of funds for
failure to perform.
3. Funding Sources Funding for economic development incentives may be obtained from the General Fund
through the annual budget process or from time to time from any allowable source, including: A. General Fund Reserve;
B. Central Insurance Fund; C. Enterprise Fund; D. Federal, State, or County government grants or allocations; E. Other monies set aside, as appropriate. 4. Definitions A. “Project” means company, applicant, developer, property or the combination of some or all which is evaluated for consideration of incentives. B. “Desired Development Area” means certain geographic region(s) of the City of Clearwater where development is preferred. C. “Average Annual Wage” means statistical yearly average wage being paid or proposed wage to be paid by prospective company.
D. “Primary Targeted Industry” means the seven (7) industries identified by the
City’s Economic Development Strategic Plan (2011) and those identified by Enterprise Florida, Inc. or the Florida Department of Economic Opportunity
which may be subject to change from time to time. E. “Capital Investment” means the acquisition of capital assets or fixed assets, such as land, buildings, and equipment.
F. “Economic, Fiscal and Incentive Impact Analysis” means the calculation of the worth of a project, business or activity to the community over a period of time
using a recognized third party analysis tool, such as “Total Impact” by Impact
DataSource, LLC.
5-8
cont’d
22 As Approved at 5/17/18 Council Meeting
Fire Lanes. The Police Department shall have primary responsibility for the enforcement of designated fire lanes. At the discretion of the Fire Chief, Fire Department personnel will be trained to participate in the enforcement of parking violations pertaining to fire
lanes and fire hydrants.
5-9
Renewal of Agreements. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term.
5-10
Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right-of-way on segments of roadway in incorporated Clearwater.
1. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program.
2. The policy will apply to fatalities occurring after January 1, 2005.
3. The installation of a roadside memorial marker will be processed in accordance with
the following: A. Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request
Form. The form will be available online from the City’s website or by calling the City. Requests may be made by immediate family members or friends.
Requests from friends require written approval from the deceased’s immediate
family. B. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement – the exact location will be at the discretion of the City. C. Memorial markers will not be allowed within the limits of active construction work
zones. D. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. E. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed.
F. The requesting citizen will be notified once the installation is complete. G. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. H. The memorial marker shall be a 15-inch diameter aluminum sign with a white background and black letters.
I. The sign message will state ‘Drive Safely – In memory’ and the family will have
the option of adding the deceased’s name to the sign. J. As an option, the City can offer an alternate safety message to the ‘Drive Safely’ legend if desired by the family that would be specific to the type of crash, and as
long as it will fit on the sign. Examples could be ‘Don’t Drink and Drive,’ ‘Buckle
Up,’ ‘Slow Down,’ etc.
5-11
23 As Approved at 5/17/18 Council Meeting
K. The sign will be mounted at a height of 3.5-feet (42-inches) from the ground to the top of the sign. L. The applicant will incur the cost of design, construction, installation,
maintenance, and removal of the memorial marker. This cost is $300. Upon request the sign becomes the property of the applicant.
5-11
cont’d
Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures
of state roads.
5-12
Stationery. The City shall have letterhead designed by Public Communications on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. The Vice-Mayor designation will not be identified on any of the shirts, business cards, letterhead, or nametags with the City of Clearwater. Exception: The Gas Division may use its logo.
5-13
Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter
for the Mayor’s signature welcoming the property owner to Clearwater 5-14
24 As Approved at 5/17/18 Council Meeting
CITY COUNCIL POLICY
LAND DEVELOPMENT
Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a
discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested.
6-1
Foreclosure. In order to address blighted and vacant properties within the City, the following factors will be considered for utilization of the foreclosure process to put properties in the hands of new owners who will care for and use the property to
promote economic development within the City.
1. All properties are considered (commercial, residential, and vacant lots).
2. Properties with mortgages are considered.
3. Properties that are occupied are considered.
4. Properties with significant code or other city liens are considered.
5. Homestead exempted properties will not be considered. Once a property is selected and referred to the City Attorney for review, a demand letter may be sent to the property owner requesting payment of the liens in full prior to initiating a foreclosure action. If contact cannot be made, or payment is not received by the date indicated in the letter, the City Attorney shall seek authorization from the City Council to initiate a foreclosure action against the property.
6-2
Landscaping of City Roads. When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be
selected and located based on ease and frequency of required maintenance. All such material shall be drought resistant.
6-3
New Sidewalks. In order for new sidewalks to be installed in an existing neighborhood,
a petition is required indicating that greater than 50% of the property owners impacted are in favor. Exceptions include when the City determines that a sidewalk is necessary as part of a heavily used school route, or for sidewalks filling a gap between existing
sidewalks involving two or less residences.
6-4
Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application.
6-5
Petitions for Annexation. Request to be made that all contiguous parcels under the
same ownership be annexed simultaneously.
6-6
25 As Approved at 5/17/18 Council Meeting
Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all
applicable codes and regulations. The owners of all existing entranceway features occupying public property have the option to execute a Right of Way (ROW) Beautification Revocable License Agreement with the City of Clearwater wherein
owners agree to keep all features in good repair, including signs, monuments, landscaping, irrigation systems, flag poles, etc. Upon failure of the owners to execute such agreement, or upon failure of the owners to repair or maintain any feature of the
site which has fallen in disrepair after notice, the Parks and Recreation Department is to remove all such materials with the exception of trees and grass occupying the public right-of-way. A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with a city approved “Adopt a (fill in
name)” program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches.
6-7
Waiver/Reduction of Liens. In order to encourage (re) development of properties for
enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens.
1. Whether the violation has been brought into compliance regarding the violation cited.
2. Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time.
3. Whether there are existing code violations on other properties owned by the violator or prospective purchaser.
4. Whether there is a development or redevelopment proposal regarding the property
which would result in improvement or upgrade of the property.
5. Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council.
6. Whether payment would hinder a proposed sale of the property.
7. Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed.
8. The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case.
6-8
26 As Approved at 5/17/18 Council Meeting
CITY COUNCIL POLICY
LEGAL
Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and
the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case.
7-1
27 As Approved at 5/17/18 Council Meeting
CITY COUNCIL POLICY
LEISURE
Ages 12 - 13 Supervised Use of City Recreation Fitness Facilities. The following guidelines govern the use of City recreation fitness facilities by users
ages 12 and13.
1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use.
2. Use of the fitness area by such person is governed by this Council policy and is limited to instances where such person is actively, directly supervised by the
individual’s parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited.
3. A parent under this policy is defined as either biological parent or legal guardian.
4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is designated by
the parent or legal guardian on the “Parental Consent and Waiver/Release of
Liability” form.
5. An acceptable level of supervision under this policy is considered to be
achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth
participant.
6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique,
appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities.
7. City staff will monitor for compliance of this policy.
8. Both the parent, legal guardian, or designated responsible adult and individual child must have valid access to the fitness facility by paying the appropriate daily fee, or by securing the proper membership that allows use of the area. In
addition, the parent or legal guardian must agree to and sign the “Parental
Consent and Waiver/Release of Liability” form and identify the responsible
adult(s) who may supervise the child.
9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in
immediate, permanent termination of the youth participant’s fitness facility use rights.
8-1
28 As Approved at 5/17/18 Council Meeting
Amplification of Sound at City Venues. The following guidelines govern the amplification of sound at City co-sponsored and private events held at City venues for musical and entertainment productions.
1. Amplification of sound and in particular music for an event must end at a specific time set by the City Manager or his designee. In general that time will be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00
p.m. on Friday and Saturday, but on certain rare occasions permitted to be held longer.
2. Amplification of sound including music will not exceed an average of 95 decibel
or dB level measured at the house mix over a period of 30 seconds.
3. Amplification of sound during the event will be measured by a City employee or City contractor by using a sound-level meter which is an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output or display meter and the weighting networks used to measure sound pressure levels.
4. The City employee or City contractor will measure the sound levels for every group performing at the event.
5. In the event a promoter or sponsor violates this policy, the City employee or City contractor will require that the sound levels be adjusted to meet the standard. If after the first warning the volumes are not adjusted to meet the policy, the City employee or City contractor will personally adjust the sound level to bring in compliance.
6. If a promoter or sponsor continues to violate this policy, then they will not be
allowed to have concerts at City venues.
8-2
Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key.
8-3
Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and
equipment:
1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not.
2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council.
3. Collections of materials, equipment or furnishings, which are accepted as gifts
by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example, "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation."
4. All signs and plaques printed with names of donors will be of similar appearance
and will be consistent with the architectural design and interior decoration of the building.
8-4
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9179-18
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.1
SUBJECT/RECOMMENDATION:
Approve amendments to the charter providing for a mayor-council form of government and
eliminating the council -manager form; approve the ballot question; authorize the City Clerk to
arrange for a special city referendum election in conjunction with the regular federal, state and
county election on November 6, 2018 and pass Ordinance 9179-18 on first reading.
SUMMARY:
A group of citizens approached the City Council requesting City Council to prepare and place a
charter amendment on the November 6, 2018 ballot to change the city’s form of government
from Council-Manager to a Mayor-Council form. The City Council determined that it was
appropriate to prepare and present charter amendments to the voters of Clearwater to
determine whether they want to adopt a strong mayor-council form of government and
established a joint task force to draft the charter amendments required to effect a
Mayor-Council form of government.
Members of the last two Charter Review Committees were approached and invited to be
members of the Strong Mayor Task Force, which held joint meetings with the City Council once
a week for eight consecutive weeks, each meeting lasting approximately three hours.
The Joint Task Force approved proposed amendments to the City Charter. The City Attorney
drafted the proposed amendments to the charter, an ordinance amending the charter, and a
referendum question to be presented to the City Council for approval and submittal to the city
electors at a special city referendum election to be held in conjunction with the regularly
scheduled Federal, State and County election on November 6, 2018.
Ordinance 9179-18 proposes amendments to multiple Articles of the City Charter for the
purpose of changing the Clearwater form of government from a council- manager form of
government to a mayor- council form of government and establishing the appropriate checks
and balances. The changes will vest executive and administrative powers in the mayor and
remove the mayor from the city Council. With some exceptions, the mayor will have the
executive and administrative powers and duties formerly held by the city manager. The city
manager position will be eliminated. The council will remain five members but will not include
the mayor.
The mayor shall be elected by majority vote of the electorate as opposed to plurality vote as
currently provided. Because of this change it is necessary to provide for runoff elections for the
Page 1 City of Clearwater Printed on 7/30/2018
File Number: 9179-18
mayor’s seat. Because the mayor’s office is a new position not on city council, with power,
duties and authority not previously possessed by the office, term limits for that office
commence with the 2020 election.
The mayor’s compensation will be established by Council with a minimum salary outlined in the
charter of no less than $120,000. The mayor will have the authority to hire staff and will be
required to hire a city administrator who must be confirmed by the city Council. In addition to
the duties assigned by the mayor, the city administrator serves as acting mayor in the event the
mayor is absent, disabled or otherwise unable to serve. While the mayor appoints most
employees, certain employees are subject to confirmation by the city council, specifically: the
city administrator, fire chief, police chief, city clerk and city attorney.
The mayor is responsible for budget preparation and submittal to the council. Council may
make modifications and adopt the budget as submitted or as modified. The mayor may
approve or veto all or a part of the budget as approved by Council. Council may override the
veto with a vote of majority plus 1. The mayor also has veto power with the council override for
any ordinance adopted by Council.
The ordinance also provides for an internal auditor to be hired by and responsible the Council
and provides for an audit committee which includes representation from the mayor.
Page 2 City of Clearwater Printed on 7/30/2018
[GM18-9100-053/222016/1]1 Ordinance No. 9179-18
ORDINANCE NO. 9179-18
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS PROPOSED
AMENDMENTS TO THE CITY CHARTER CHANGING
CLEARWATER’S FORM OF GOVERNMENT FROM THE COUNCIL-MANAGER FORM OF GOVERMENT TO MAYOR-COUNCIL FORM
OF GOVERNMENT; PROVIDING FOR ALL EXECUTIVE AND
ADMINSTRATIVE POWERS TO BE VESTED IN THE MAYOR;
PROVIDING THAT THE MAYOR WILL NOT BE A MEMBER OF
THE COUNCIL; PROVIDING FOR THE SETTING OF THE
MAYOR’S COMPENSATION BY COUNCIL WITH A MINIMUM
SET SALARY;ELIMINATING THE CITY MANAGER
POSITION; PROVIDING FOR A CITY ADMINISTRATOR TO
BE HIRED BY THE MAYOR WITH CONFIRMATION BY
COUNCIL; PROVIDING THAT THE CITY ADMINISTRATOR SHALL SERVE AS ACTING MAYOR IN THE MAYOR’S
ABSENCE OR DISABILITY; PROVIDING THAT THE MAYOR
SHALL APPOINT THE FIRE CHIEF AND CHIEF OF POLICE SUBJECT TO CONFIRMATION BY COUNCIL; PROVIDING
FOR THE MAYOR TO PRESENT A BUDGET TO THE
COUNCIL FOR APPROVAL; PROVIDING THAT ALL POWERS OF THE CITY SHALL BE VESTED IN THE CITY COUNCIL
EXCEPT THOSE SPECIFICALLY GIVEN TO THE MAYOR OR
RESERVED TO THE ELECTORS; REMOVING THE REQUIREMENT THAT THE COUNCIL EVALUATE THE CITY
MANAGER AND CITY ATTORNEY; PROVIDING THAT THE
COUNCIL MAKE ALL APPROPRIATIONS FROM THE CITY TREASURY; PROVIDING FOR ELECTION OF THE MAYOR
BY MAJORITY VOTE; PROVIDING FOR MAYORAL RUNOFF
ELECTION; PROVIDING THAT COMMENCING IN 2020
THREE COUNCILMEMBERS AND MAYOR SHALL BE
ELECTED IN ONE YEAR; STARTING THE TERM LIMITS FOR
THE MAYOR; PROVIDING FOR A COUNCIL CHAIR AND VICE
CHAIR AND DESCRIBE THE PROCEDURE FOR THEIR
ELECTIONS; PROVIDING FOR AN INTERNAL AUDITOR TO
BE APPOINTED BY THE COUNCIL AND PROVIDE FOR AN
AUDIT COMMITTEE; REPLACING VARIOUS REFERENCES
TO THE CITY MANAGER WITH REFERENCES TO THE
MAYOR; AUTHORIZING MAYOR TO APPOINT BOARD
[GM18-9100-053/222016/1]2 Ordinance No. 9179-18
MEMBERS WITH COUNCIL CONFIRMATION; AUTHORIZING
THE COUNCIL CHAIR, MAYOR, AND ANY COUNCIL
MEMBER TO PUT ITEMS ON THE MEETING AGENDA;
PROVIDING FOR THE SUBMISSION OF ORDINANCES TO
THE MAYOR, OUTLINING MAYOR’S VETO POWER AND
COUNCIL OVERRIDE OF VETO; AUTHORIZING COUNCIL
STAFF; PROVIDING FOR A CITY ATTORNEY TO BE
APPOINTED BY THE MAYOR AND CONFIRMED BY
COUNCIL; PROVIDING FOR THE APPOINTMENT OF
SPECIAL ASSISTANT CITY ATTORNEY FOR THE MAYOR
AND FOR COUNCIL;PROVIDING FOR TRANSITION
PROVISONS; PROVIDING FOR A REFERENDUM ELECTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a citizen’s group approached the City Council requesting City Council
to prepare and place a charter amendment on the November 6, 2018 ballot to change
the city’s form of government from Council–Manager to a Mayor–Council form; and
WHEREAS, City Council determined that it was appropriate to prepare and
present charter amendments to the voters of Clearwater to determine whether they want
to adopt a strong mayor-council form of government; and
WHEREAS, City Council established a joint task force to draft the charter
amendments required to effect a Mayor–Council form of government; and
WHEREAS, members of the last two Charter Review Committees were
approached and invited to be members of the Strong Mayor Task Force; and
WHEREAS, the Task Force and the City Council held joint meetings once a week
for eight consecutive weeks, each meeting lasting approximately three hours; and
WHEREAS, the Joint Task Force approved proposed amendments to the City
Charter and requested the City Attorney to draft an amended charter, ordinance
amending the charter, and a referendum question to be presented to the City Council for
approval and submittal to the city electors at a special city referendum election to be held
in conjunction with the regularly scheduled Federal, State and County election on
November 6, 2018;now therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER,FLORIDA:
Section 1.The foregoing prefatory clauses are hereby fully incorporated
[GM18-9100-053/222016/1]3 Ordinance No. 9179-18
herein as findings of the City Council.
Section 2.Article II of the City Charter is amended as follows:
Section 2.01. - Council; composition; powers.
(a) Composition.There shall be a city council, (the "council"), composed of five
council members. The members will occupy seats numbered one through five, inclusive. All
members shall be elected at large by the voters of the city.
(b) Powers.All legislative power of the city shall be vested in the council, except as
otherwise provided by law or the provisions of this charter, and the council shall provide for
the exercise thereof and for the performance of all duties and obligations imposed upon the
city by law except as otherwise provided herein. All powers of the city shall be vested in the
city council except those powers specifically given to the mayor or reserved to the electors of
the city in this charter.
(c) Duties.It shall be the duty of the council to discharge the obligations and
responsibilities imposed upon the council by state law, city ordinance and this charter. As a
part of the discharge of its duty, the council shall:
. 1. Adopt by ordinance a comprehensive system of fiscal management. The
fiscal management ordinance shall include provisions relating to the operating budget, capital
budget and capital program, and provide for hearings on the budget, capital budget and
capital program and the amendment of the budget following adoption.
2. Provide for an annual or more frequent independent audit of all city accounts by
a firm of certified public accountants and provide for publication of a notice of availability of
each audit. No firm shall be employed for more than five consecutive years. All audits shall
be in accordance with law.
3. Regulate comprehensive planning, zoning and land development as provided by
law.
(d) Limitations.The legislative power provided herein shall have the following
limitations:
(1) The total indebtedness, which for the purpose of this limitation shall include
revenue, refunding, and improvement bonds of the city, shall not exceed 20 percent of the
current assessed valuation of all real property located in the city. The total budgeted
expenditures in any fiscal year shall not exceed the total estimated revenue plus any
unencumbered funds carried forward from a prior fiscal year. No money may be disbursed
from the city treasury except pursuant to appropriations made by the city council.
* * * * *
Section 2.02. - Qualifications.
Members of the council shall be qualified voters of the city and shall have continuously
resided in the city for at least one year prior to submitting a petition for election. The council
shall be the judge of the election and the other qualifications of its members and mayor and
of the grounds for forfeiture of their office.
[GM18-9100-053/222016/1]4 Ordinance No. 9179-18
Section 2.03. - Election and terms.
Commencing with the terms beginning in 2008, all council members, , shall be elected
for terms of four years. Terms shall overlap, with three council members elected one year
commencing in 2020, and the additional two council members elected two years later.
No person who has, or but for resignation or forfeiture of office would have, served as
a council member for two consecutive full terms shall serve as a council member, , for the
succeeding four-year term. Term limits shall be effective for each respective seat on the date
of the next election for that seat after 1994.
.
Section 2.04. - Compensation and expenses.
The council may determine the annual salary of council members by ordinance. No
ordinance increasing such salary shall become effective until the date of commencement of
the terms of council members elected at the next regular election, occurring at least six
months following the adoption of such ordinance. Council members shall be reimbursed their
actual and necessary expenses incurred in the performance of their duties of office.
Section 2.05. – Chair, vice-chair, functions, and powers.
At the first council meeting each April, the council shall elect one of its members as
chair and one member as vice-chair. The chair shall preside at all meetings of the council,
perform such other duties consistent with the office as may be imposed by the council and
this charter..The chair may execute legal instruments on behalf of the city or otherwise as
required by law. This authorization does not confer upon the chair administrative duties
except as required to carry out the responsibilities stated in this charter.
Section 2.06. - Prohibitions.
(a) Appointments and removals.Except as otherwise provided herein, neither the
council nor any of its members shall in any manner dictate the appointment or removal of any
city administrative officer or employee whom the mayor, or any of the mayor’s subordinates,
is empowered to appoint.
(b) Dealing through mayor.Except during an investigation, the council members
shall deal with city officers and employees who are subject to the direction and supervision
of the mayor solely through the mayor. Neither the council nor its members shall give orders
to any such officer or employee, either publicly or privately. Recommendations for
improvement in city operations by individual council members shall be made to and through
the mayor.
Nothing in the foregoing paragraph prohibits individual members of the council from
asking questions and observing city operations so as to obtain independent information to
assist them in the formulation of policy, ordinances and resolutions.
(c) Holding other office.No present or former council member shall hold any
compensated appointive city office or employment until one year after the expiration of the
term for which such council member was elected.
[GM18-9100-053/222016/1]5 Ordinance No. 9179-18
Section 2.07. - Vacancies; forfeiture of office; filling vacancies; boards.
* * * * *
(e) Boards.The council is empowered to appoint such committees or boards
required by charter to be appointed by council and such board(s) as may be required by law
to be appointed by the legislative body .
* * * * *
Section 2.08. - Procedure.
(a) Meetings.The council shall meet regularly at least once each month at such
times and places as the council may prescribe by rule. Special meetings may be held on call
of the mayor, chair, or any two council members and, when practical, upon no less than 24
hours' notice to each member and the public. All meetings shall be public, except as otherwise
provided by law. The mayor, chair and any council member shall have the power to cause
any item to be placed on the next agenda.
* * * * *
Section 2.09. - Ordinances and resolutions in general.
(e) Submission of ordinances to mayor. All ordinances approved by Council shall
be submitted to the mayor before becoming law; if the mayor approves the ordinance the
mayor shall sign it, if not the mayor shall return it with the objections to the council and such
objection shall be entered into the minutes. The council shall then reconsider the ordinance
at its next regular meeting at which there is a quorum or at a special meeting called for that
purpose. If after reconsideration it passes by majority +1 vote of all council members it shall
become law. If any ordinance shall not be returned to the council by 5 PM on the fifth day
after Council has adopted the ordinance it shall become effective without signature.
* * * * *
Section 2.10. - Authentication, recording and disposition of charter amendments,
ordinances, and resolutions.
(a) Authentication.The chair or vice chair and the city clerk shall authenticate by
their signatures all ordinances and resolutions adopted by the council. In addition, when
charter amendments have been approved at referendum.
* * * * *
Section 2.11. City council staff.
The city council shall establish an Office of the City Council and may hire the following
who shall be responsible to the city council through the chair of the council: (a) Budget
analyst. The city council is authorized to employ a budget analyst or an individual with similar
qualifications, pursuant to the city's position classification code, to assist in the budgetary
[GM18-9100-053/222016/1]6 Ordinance No. 9179-18
matters of the city council. The city council, by ordinance, shall define the qualifications, pay
and responsibilities of said employee in accordance with the City's position classification
code. The employee shall be subject to termination by a majority vote of the city council; (b)
Council executive. The city council is authorized to hire a council executive. The city council
shall define the qualifications, pay and responsibilities of said employee in accordance with
the city's position classification code. The employee shall be subject to termination by a
majority vote of the city council; (c) Executive assistant. The city council is authorized to hire
an executive assistant. The city council shall define the qualifications, pay and responsibilities
of said employee in accordance with the city's position classification code. The employee
shall be subject to termination by a majority vote of the city council; and (d) Other staff. The
city council may create and fill other staff positions for the purpose of assisting it in the
performance of its legislative function.
Section 3. Article III of the City Charter is amended as follows:
Section 3.01. - Mayor.
The mayor shall serve as the chief administrative officer and chief executive officer of
the city and shall be responsible for the proper administration and conduct of the executive
work and affairs of the city. The mayor shall be recognized as the official head of the city by
the courts for the purpose of service of process and by the governor for the purpose of military
law and for all ceremonial purposes. The mayor shall maintain an office in a city leased or
owned facility and shall devote full time to the duties of that office.
Section 3.02. - Election and terms; absence; compensation.
(a) Election and Terms The mayor shall be elected at large and shall be elected
for a term of four years. The mayor shall be a qualified voter of the city and shall have
continuously resided in the city for at least one year prior to submitting a petition for election.
The mayor shall continue to be a resident and elector of the city during the term of office. No
person who has, or but for resignation or forfeiture of office would have, served as mayor for
two consecutive full terms shall serve as mayor or council member for the succeeding four-
year term. Term limits shall be effective for the office of mayor on the date of the next election
for mayor after 2020.
(b) Compensation.The compensation of the mayor shall be fixed by a majority of
all the council members and may be adjusted annually. In no event shall the annual salary
be less than one hundred twenty thousand dollars ($120,000).
(c) Vacancy in office or unavailability of mayor.During any temporary absence or
disability of the mayor, the city administrator shall serve as acting mayor and shall exercise
the powers and perform the duties of the mayor. During a temporary absence not due to
disability, the mayor shall provide the city administrator, with a copy to the city clerk, a memo
delineating the extent to which to the city administrator may act on the mayor’s behalf. In case
the office of mayor becomes permanently vacated by death, resignation or any other reason,
the city administrator shall discharge the duties of the mayor as acting mayor. When the
vacancy occurs within eight months of a regularly scheduled city election and prior to the
[GM18-9100-053/222016/1]7 Ordinance No. 9179-18
beginning of the qualifying period for that election, an election for mayor shall be held as part
of the election. The acting mayor shall serve until the newly elected mayor is sworn in. The
newly elected mayor shall serve the unexpired term of the previous mayor if the election is
one in which there would not normally be a mayoral race. If the vacancy occurs at any other
time and would require the city administrator to serve as acting mayor for a period of greater
than six months, then city council shall schedule a special election for mayor to be completed
within five months of the occurrence of the vacancy. City council shall by ordinance provide
for the dates of the elections and the length of the qualifying period, which qualifying period
shall no event be less than one week. The individual elected in this manner shall take office
the next business day following certification of the election and shall serve the remainder of
the unexpired term.
Section 3.03. - Powers and duties of the mayor.
The mayor shall:
(a) Appoint, promote, and suspend, demote, or remove any city employees or
appointive administrative officers under the mayor’s jurisdiction, except as may be otherwise
provided by law. Such appointment, promotion, suspension, demotion, or removal shall be in
compliance with the civil service law and other applicable rules and regulations.
(b) Establish or discontinue any city department, division or board in the
administrative affairs of the city, subject to council approval.
(c) Upon request of city council attend council meetings, or send a representative,
and have the right to take part in discussion, but not to vote.
(d) See to the faithful execution of all laws, provisions of this charter, and acts of
the council subject to enforcement by the mayor or officers subject to the mayor's supervision.
(e)At least one month prior to the release of the draft budget, present in a city
council meeting, draft strategic priorities for the upcoming fiscal year. The council and
members of the public may discuss and comment on the strategic priorities, but council
approval is not required.
(f) Prepare, submit and present to the council in the form provided by ordinance,
the annual budget, a capital improvement budget, and a projected capital improvement
program for a minimum five-year period, each of which shall be tied to the mayor’s strategic
priorities.
(g) Submit to the council at the first regular meeting in December of each year and
make available to the public, a comprehensive report on the financial condition and
administrative activities of the city, and the implementation status report on the identified
strategic priorities.
(h) Make such other reports as the council may require concerning the operations
of city departments, offices and agencies subject to the mayor’s supervision.
(i) Keep the council fully advised as to the financial condition and future needs of
the city and make recommendations to the council concerning the affairs of the city.
(j) Sign contracts on behalf of the city pursuant to the provisions of appropriations
ordinances.
(k) Develop and keep current an administrative code which sets forth the
organizational and operational procedures of the city government.
[GM18-9100-053/222016/1]8 Ordinance No. 9179-18
(l) Provide administrative assistance to the council in connection with their official
duties, and perform such other duties as are specified in this charter or may be required by
the council.
(m) Act as purchasing agent for the city.
(n) Appoint and remove the members of boards,committees and commissions except
as otherwise provided herein and except those required by state law to be made by the city
council as the governing body of the city. All mayoral appointments shall be submitted to
council for confirmation. If council rejects the appointee, the mayor shall submit a new
appointee within four weeks.
(o) Negotiate all contracts, franchises, acquisition and disposition of property and, upon the
approval of council, execute on behalf of the city all agreements, leases, deeds and other
instruments in connection therewith; however, all limitations contained in section 2.01(d) of
this charter shall apply.
Section 3.04 -Veto power.
The mayor may veto any ordinance passed by council, except an emergency
ordinance and those ordinances passed as a result of quasi-judicial proceedings when such
proceedings are mandated by law and ordinances proposing charter amendments, which the
council is required by law or by this charter to place on the ballot. The mayor may veto any
line item in a budget or appropriation ordinance. The mayor must exercise veto power by 5
PM on the fifth business day after the day the council adopts the ordinance. On the day the
mayor vetoes an ordinance the mayor shall submit written objections to the council.
Section 3.05 - City clerk. The mayor shall appoint a city clerk, which appointment must
be confirmed by the council prior to becoming effective. The city clerk or the designee of the
city clerk shall:
(a) Be custodian of all records and the official seal of the city;
(b) Attest all documents requiring attestation and agreements to which the city is a
party;
(c) Arrange for and supervise all city elections;
(d) Attend all meetings of the council and keep minutes of its proceedings;
(e) Give notice of council meetings to its members and the public;
(f) Perform such other duties as directed or required by law.
Section 3.06 - City administrator.
The mayor shall appoint a city administrator subject to confirmation by city council.
The mayor shall have the authority to terminate the city administrator without consent of
council. The city administrator shall have relevant management, executive or administrative
experience. The city administrator need not be a resident of the city or state at the time of
appointment but shall establish and maintain residency within the city within 1 year after the
appointment.
Section 3.07 - Council confirmation
Subject to confirmation by city council, the mayor shall appoint the fire chief and chief
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of police. The mayor shall have the authority to terminate the fire chief and chief of police
without consent of council.
Section 3.08. - Personnel system.
Appointments and promotions of city officials and employees, except those
specifically exempted by ordinance, shall be made solely on the basis of merit and fitness
demonstrated by examination or other evidence of competence as provided by law.
Section 4. Article IV of the City Charter is amended as follows:
Section 4.01. - City attorney, legal department. There shall be a city attorney who shall provide advice and counsel on behalf of the city. The city attorney shall be an attorney at law in good standing and shall be the head of the legal department, which shall handle the legal affairs of the city. (a) Duties.1. In regard to all affairs of the city, the city attorney shall be the legal advisor to the mayor, the city council and committees thereof, and all of the several departments, officers and boards of the city government; and, when required, shall furnish written or oral opinions to them upon any subject in which the city is interested. Copies of any such written opinions shall be kept on file in the city attorney's office, and duly surrendered to any successor; 2. Commence and prosecute all actions and lawsuits brought by the city provided
that no lawsuit other than prosecutions of city ordinance violations may be filed without city council approval; 3. Represent and defend the city in all lawsuits or actions brought against the city;
4. In accordance with any resolutions, ordinances or agreements approved by city council, and where also permitted by law and the ethical standards of the Florida Bar, represent, and defend any officer, official or employee of the city in any suit or action arising out of any act
performed in the discharge of their official duties; 5. Prepare, or cause to have prepared, all contracts, bonds and other instruments in writing which legally obligate the city and endorse on each approval of the form and
correctness thereof; and 6. Perform all other duties that may be imposed upon the city attorney by this charter or by ordinance provided such ordinance is consistent with this charter. (b) Appointment and Removal.The mayor, subject to city council approval, shall appoint the city attorney and such assistant city attorneys as are deemed necessary and expedient. Authority for removal of these assistant city attorneys shall be with the city attorney. The city attorney may delegate to these assistant city attorneys and, where appropriate, to Special Legal Counsel, employed as provided
herein, the responsibility for performing the various duties of the city attorney imposed by this charter. Removal of the city attorney shall be by the mayor with approval by a majority vote ofcity council. (c) Absence.By letter, filed with the mayor and council, the city attorney shall designate one or more assistant city attorneys to perform the duties of city attorney during a temporary absence or disability. This designation shall be limited to a period of 60 days. At the
[GM18-9100-053/222016/1]10 Ordinance No. 9179-18
expiration of this time, the mayor shall appoint an interim or new city attorney in accordance with the provisions of this charter.
Section 4.02. – Special counsel; special assistant city attorneys.(a) The mayor, subject to city council approval, shall also have the power to employ special legal counsel whenever, in the mayor's discretion, it is necessary or may be deemed advisable for the city to be so represented or whenever the city attorney certifies to the mayorthat the ethical standards of the Florida Bar prevent any member of the legal department from undertaking the representation of the city in a particular matter.
(b) The mayor and city council may each appoint, without the consent of the other, one assistant city attorney and the titles for these positions shall be respectively special assistant city attorney to the mayor and special assistant city attorney to city council. Said
special assistant city attorneys shall: 1. Be responsible to the appointing entity; 2. Serve only in an advisory capacity and shall perform only such duties as are
of technical nature, including drafting of ordinances, legal research and providing advisory opinions; 3. Perform such other duties as requested by the city attorney and approved by the appointing entity; and 4. Be subject to termination by the appointing entity. The special assistant city attorneys shall not file suit or bring or defend any action in court on behalf of the city, city council or the mayor without the written authorization of the city attorney. No action or opinion of a special assistant city attorney shall be construed to be the official legal position of the city, and such official legal positions and actions shall be solely within the scope of powers and duties of the city attorney.
Section 5.Article VII of the City Charter is amended as follows:
* * * * *Section 7.02. - Charter review advisory committee.
The council and mayor shall appoint a charter review advisory committee in January, 1994, and at least every five years thereafter provided the appointments are made in January of
a year preceding a city election. The charter review advisory committee shall be composed of thirteen members to be appointed as follows: two members by the mayor, three members by the council chair, two members each by the remaining council members. The charter review advisory
committee shall review the existing charter and make recommendations to the council for revisions thereto.
Section 6.Article VIII of the City Charter is amended as follows:
Section 8.02. - Nonpartisan elections.
All nominations and elections for council and mayor shall be conducted on a nonpartisan basis without regard for or designation of political party affiliation of any nominee on any nomination petition, ballot, or political advertisement under the control of the candidate.
[GM18-9100-053/222016/1]11 Ordinance No. 9179-18
Section 8.03. - Form of ballots.
The council shall by ordinance prescribe the form of the ballot and the method conducting all elections of the city. (a) Council ballots.Candidates for seats on the council shall be grouped according to the seat number for which they are candidates. Within each group, names shall be placed on the ballot alphabetically. No candidate may seek election to more than one seat in any election. (b) Mayoral ballot. Candidates for mayor shall be placed on the ballot alphabetically.
No candidate may seek election to more than one seat or office in any election. (c) Charter amendment.A charter amendment to be voted on by the voters of the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal
title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted?" Immediately below such question shall
appear, in the following order, the word "yes" and also the word "no" with a location thereafter to indicate the voter's choice.
Section 8.04. - Nominations. The names of candidates for council and mayor shall be placed upon the ballot by the filing of a written notice of candidacy with the city clerk at such time and in such manner as may
be prescribed by ordinance.
Where only one candidate qualifies for nomination to a seat on the council or for mayor, then no general election shall be held with respect to the seat or office and the candidate shall be declared elected to the seat or office.
Section 8.05. - Elections.
(a)Council positions.All members of the city council shall be elected at large. The candidate receiving the largest number of votes among the candidates for that seat shall be elected. (b)Mayor. The mayor shall be elected at large. The candidate receiving a majority of the votes for mayor shall be declared elected.
(c)Regular elections.Regular city elections shall be held on the second Tuesday in March of each year in which a council term or mayor’s term expires. (d)Runoff election for mayor.If no mayoral candidate receives a majority in the regular election, a runoff election limited to the two candidates for mayor receiving the highest and next highest number of votes in the regular election shall be held no later than 60 days after the regular election.
(e)Special elections.Special municipal elections may be called by the council at any time for such purposes as are authorized by law. (f)Effective date of office. Newly elected council members shall take office the next business day following certification of city regular election returns. The newly elected mayor shall take office the next business day following certification of the city regular election returns or runoff election returns as applicable.(g)Canvassing Board. The Pinellas County Canvassing Board shall serve as the City of Clearwater's canvassing board, unless otherwise provided by ordinance.
[GM18-9100-053/222016/1]12 Ordinance No. 9179-18
* * * * *
Section 7.Article IX of the City Charter is amended as follows:
ARTICLE IX. - FISCAL MANAGEMENT
Section 9.01 The city's fiscal management procedure shall be adopted by ordinance and
shall include provisions relating to the operating budget, capital budget, and capital program, and provide for hearings on the budget, capital budget, and capital program and the amendment of the budget following adoption.
Section 9.02 Internal auditor.The city council shall appoint acity officer with the title of internal auditor. The internal
auditor shall conduct, or cause to be conducted, financial, compliance, and expanded scope audits following generally accepted government auditing standards. The internal auditor shall have access to all records and personnel.
The internal auditor shall be an at-will employee appointed by the city council for a term of four years and may be reappointed by a majority of the council and may be terminated by a super majority of the council. To ensure independence of the audit function and to coordinate internal audit work with the needs of the mayor and the city council, an audit committee is hereby established. The audit committee shall be comprised of five (5) voting members; the mayor or designee, the chair of the city council and three (3) at-large members who shall be appointed by the city council. The at-large members shall be city residents with expertise in auditing preferably internal or management auditing and at least two (2) of whom shall be a certified public accountant or a certified internal auditor; appointments shall be staggered for terms of three (3) years. The chair of the council shall be appointed as chair of the audit committee. The audit committee shall perform an evaluation of the internal auditor annually and present such to the city council.
Section 8. Article X of the City Charter is amended as follows:
ARTICLE X. - TRANSITION SCHEDULE
Section 10.01. - Continuation of former charter provisions. All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature, as amended by special law or otherwise, which are not embraced herein and which are not inconsistent with this charter shall become ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city.
Section 10.02. - Ordinances preserved.
All ordinances in effect upon the adoption of this charter to the extent not inconsistent herewith, shall remain in force until repealed or changed as provided herein.
[GM18-9100-053/222016/1]13 Ordinance No. 9179-18
Section 10.03. - Rights of officers and employees.
Except as is specifically provided herein, nothing in this charter shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption. City council members shall continue to hold their offices until their successors are elected.
Section 10.04. - Pending matters.
All rights, claims actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of the charter.
Section 10.05. - Schedule.
Except as provided herein, this charter shall be in full effect for all purposes on and after approval by a majority of the electors voting in a valid election to be called for such purpose, and upon being filed with the secretary of state.
(a) First election. At the time of the adoption of the charter amendments as provided in Ordinance 9179-18, this charter shall be in effect to the extent necessary in order that the first election of members of the city council and mayor may be conducted in accordance with the provisions of this charter as amended. The first election shall be held on March 17, 2020. The city council shall prepare and adopt temporary regulations that are applicable only to the first election and designed to insure its proper conduct and to provide an orderly transition to the mayor-council government.
(b) Time of taking full effect. The charter shall be in full effect for all purposes on and upon the certification of the election results for the mayor and the swearing in of the mayor.
Section 10.06. – Severability.
If any provision of this charter is held invalid, the other provisions of the charter shall not be affected. If the application of the charter or any of its provisions to any person or
circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected.
Section 9. A special referendum election is hereby called and will be held onNovember 6, 2018, in conjunction with the regularly scheduled Federal, State and County election for the consideration of the voters of the City of Clearwater for the proposedquestion. The title and question to appear on the referendum ballot shall be as follows:
Changing From Council-Manager To Mayor-Council Government, Designating
Mayor as Chief Executive/Administrative Officer.
[GM18-9100-053/222016/1]14 Ordinance No. 9179-18
Shall the Clearwater charter be amended as provided in Ordinance 9179-18 to: adopt mayor-council government effective 2020; remove mayor from council; elect by majority vote, not plurality, executive mayor responsible for operations, budget and employees; provide for mayoral runoffs; provide for mayoral ordinance veto and council override; eliminate city manager; establish mayor-appointed city administrator, who will also act as mayor in mayor’s absence; start mayoral term limits; and establish council-directed internal auditor? Yes ____________ For amendment to City Charter
No Against amendment to City Charter
Section 4.The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the election
to be held on November 6, 2018.
Section 5.This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.The amendments
shall be implemented as provided in Article X of the charter.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
________________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9149-18 2nd rdg
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.2
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9149-18 on second reading, amending the Community Development Code by
amending Article 2 and Article 3 relating to downtown development standards and creating a
new Appendix C.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 7/30/2018
Ordinance No. 9149-18
ORDINANCE NO. 9149-18
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 2, CHART 2-100 TO UPDATE THE USES
PERMITTED IN THE DOWNTOWN DISTRICT CONSISTENT WITH
NEW APPENDIX C; CREATING A NEW APPENDIX C, DOWNTOWN
ZONING DISTRICT & DEVELOPMENT STANDARDS; AMENDING
ARTICLE 2, DIVISION 9 DOWNTOWN DISTRICT (“D”), TO MODIFY
THE INTENT AND PURPOSE CONSISTENT WITH NEW APPENDIX C,
TO UPDATE MAXIMUM DEVELOPMENT POTENTIAL TO REFLECT
CHANGES IN THE COUNTYWIDE PLAN MAP CATEGORIES
APPLICABLE TO THE CITY’S CENTRAL BUSINESS DISTRICT AND
TO LIMIT RESIDENTIAL DENSITY WITHIN THE COASTAL STORM
AREA, TO ESTABLISH A NEW SECTION 2-901.2 DOWNTOWN
ZONING DISTRICT PERMITTED USES AND DEVELOPMENT
STANDARDS, AND TO DELETE SECTIONS 2-902 FLEXIBLE
STANDARD DEVELOPMENT AND 2-903 FLEXIBLE DEVELOPMENT;
AMENDING ARTICLE 3, SECTION 3-502, DOWNTOWN [RESERVED],
TO RENAME SECTION TO REMOVE “RESERVED” AND INDICATING
THAT THE NEW DESIGN STANDARDS FOR DEVELOPMENT IN THIS
DISTRICT ARE LOCATED IN APPENDIX C; AMENDING ARTICLE 3,
SECTION 3-903, TO REPLACE “DESIGN GUIDELINES” AND
“CLEARWATER DOWNTOWN REDEVELOPMENT PLAN”
REFERENCES WITH “DEVELOPMENT STANDARDS” AND
“DOWNTOWN ZONING DISTRICT AND DEVELOPMENT
STANDARDS”; AMENDING ARTICLE 3, SECTION 3-909 TO REMOVE
REFERENCE TO PROPERTIES LOCATED IN THE COMMERCIAL
DISTRICT WITHIN DOWNTOWN FROM THE OUTDOOR CAFÉ
STANDARDS; AMENDING ARTICLE 3, SECTION 3-1411, BICYCLE
PARKING, TO MODIFY EXISTING STANDARDS AND RENAME AS
SHORT-TERM BICYCLE PARKING, TO ESTABLISH NEW
STANDARDS FOR LONG-TERM BICYCLE PARKING, AND TO
INCORPORATE A NEW BICYCLE PARKING DIAGRAM; AMENDING
ARTICLE 6, SECTION 6-109, TO UPDATE LANGUAGE AND REMOVE
OUTDATED REFERENCE; CERTIFYING CONSISTENCY WITH THE
CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council adopted the updated and amended Clearwater Downtown
Redevelopment Plan as the Special Area Plan for Downtown Clearwater on March 1, 2018
which reaffirmed the City’s vision for Downtown Clearwater as the urban core and heart of the
City which will be an attractive place to live, work, shop and play; and
WHEREAS, to achieve this vision, the Clearwater Downtown Redevelopment Plan
policies call for new development standards to be adopted into the Community Development
Code to ensure Downtown redevelops with quality urban design, a high quality public realm,
and a dense and livable pattern of development; and
Ordinance No. 9149-18 2
WHEREAS, form-based zoning codes are intended to foster economically vibrant,
transit- and pedestrian-supportive mixed-use environments; and
WHEREAS, the City Council seeks to make Clearwater a more livable and economically
robust community that provides a variety of new housing types while preserving the unique
features of Downtown’s community and neighborhoods; and
WHEREAS, the proposed Downtown District and Development Standards, which are
based on the design guidelines established in the 2004 Downtown Clearwater Redevelopment
Plan, also provide regulatory clarity and predictability for property owners, investors, residents,
and business owners; and
WHEREAS, the City of Clearwater recognizes that many existing buildings and
properties in Downtown have no existing off-street parking spaces and that parking should be
treated as infrastructure, thereby reducing the need for use-by-use on-site parking, consistent
with the policies in the Clearwater Downtown Redevelopment Plan; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered
all public testimony and has determined that this amendment is consistent with the City of
Clearwater’s Comprehensive Plan; and
WHEREAS, the City Council has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, Zoning Districts, Chart 2-100, Permitted Uses, Community
Development Code, be amended to read as follows:
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O
US
19 I IRT OSR P CRNCOD IENCOD
Residential
Accessory dwellings X X X X X X
Attached dwellings X X X X X X X X
Community residential homes X X X X X X X X X
Detached dwellings X X X X X X X X X
Mobile homes X
Mobile home parks X
Residential infill projects X X X X X X X
Nonresidential
Adult uses X X X
Airport X
Alcoholic beverage sales X X X X
Animal boarding X X X X
Assisted living facilities X X X X X X
Ordinance No. 9149-18 3
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O
US
19 I IRT OSR P CRNCOD IENCOD
Automobile service stations X X X
Bars X X X X X
Brewpubs X X X X
Cemeteries X
Community gardens X X X X X X X X X
Comprehensive infill
redevelopment project (CIRP) X X X X X X X
Congregate care X X X X X X
Convention center X
Educational facilities X X X X X
Environmental park X
Funeral homes X X X
Governmental uses X X X X X X X
Halfway houses X
Hospitals X
Indoor recreation/entertainment X X X X X
Light assembly X X X
Manufacturing X
Marinas X
Marinas and marina facilities X X X X X
Medical clinic X X X X X X
Microbreweries X X X X
Mixed use X X X X
Museums X X X
Nightclubs X X X X X
Non-residential off-street parking X X X
Nursing homes X X X X X
Offices X X X X X X X
Off-street parking X X
Open space X X
Outdoor recreation/entertainment X X X X X
Outdoor storage X
Overnight accommodations X X X X X X X X X
Parking garages and lots X X X X X X X
Parks and recreation facilities X X X X X X X X X X X X X
Places of worship X X X X X
Planned medical campus X
Planned medical campus project X
Problematic uses X X
Public facility X X
Ordinance No. 9149-18 4
CHART 2-100 PERMITTED USES
Use Categories LDR LMDR MDR MHDR HDR MHP C T D O
US
19 I IRT OSR P CRNCOD IENCOD
Publishing and printing X
Public transportation facilities X X X X X X X X
Research and technology use X X X X
Residential shelters X X
Resort Attached Dwellings X
Restaurants X X X X X X X
Retail plazas X X X X
Retail sales and services X X X X X X X X X
RV parks X
Salvage yards X
Schools X X X X X X X X X X
Self-storage warehouse X X X X
Social and community centers X X X X X
Social/public service agencies X X X X X
Telecommunications towers X X X X X X
TV/radio studios X X X X
Urban farms X
Utility/infrastructure facilities X X X X X X X X X X X X X X X X
Vehicle sales/displays X X X
Vehicle sales/displays, limited X X X
Vehicle sales/displays, major X
Vehicle service X
Vehicle service, limited X X
Vehicle service, major X
Veterinary offices X X X X X
Wholesale/distribution/warehouse
facility X
Section 2. That Article 2, Zoning Districts, Division 9, Downtown District, Community
Development Code, be amended by adding new subsections 2-901.1.A and B and a new
Section 2-901.2, and by deleting Sections 2-902 and 2-903 in their entirety, to read as follows:
DIVISION 9. – DOWNTOWN DISTRICT ("D")
Section 2-901. - Intent and purpose.
The intent and purpose of the Downtown District is to establish a mixed use downtown where
citizens can work, live, and shop in a place which is the economic, governmental, entertainment
and cultural focal point of a liveable city.
The intent and purpose of the Downtown District and Development Standards is to encourage
mixed use, pedestrian-oriented development, promote context-sensitive forms, patterns, and
intensities of development, support a variety of new housing types to provide for a range of
affordability and mix of incomes, preserve and celebrate the unique features of Downtown’s
community and neighborhoods, encourage the renovation, restoration and/or reuse of existing
Ordinance No. 9149-18 5
historic structures, and provide for the design of safe, attractive, and accessible places for
working, living, and shopping consistent with the vision, guiding principles, goals, objectives and
policies in the Clearwater Downtown Redevelopment Plan.
Section 2-901.1. – Maximum development potential.
It is the intent of the Downtown District (“D) that development be consistent with the Countywide
Future Land Use Plan as required by state law. The uses and development potential of a parcel
of land within the D District shall be determined by the standards found in this Development
Code as well as the Countywide Future Land Use Designation of the property. For those parcels
within the D District that have a Future Land Use of Central Business District (“CBD”), maximum
development potential shall be as set forth for each classification of use and location in the
approved redevelopment plan.
A. The Downtown District (“D”) shall be located in the Central Business District (CBD) land
use category and the Activity Center (AC) Countywide Plan Map Category, Special
Center Subcategory. The uses and development potential of a parcel of land shall be
determined by the standards found in Appendix C of this Development Code, consistent
with the approved Clearwater Downtown Redevelopment Plan.
B. Residential density on those portions of property located within the Coastal Storm Area
(CSA) shall be limited to the density in place prior to the adoption of the Clearwater
Downtown Redevelopment Plan, as depicted on Figure 7 in Appendix C of this
Development Code. However, if development is located entirely outside of those
portions of property located within the CSA, this provision shall not apply.
Section 2-901.2. – Downtown District Permitted Uses and Development Standards.
Permitted uses and applicable approval requirements are established in the Downtown District
and Development Standards set forth in Appendix C of this Development Code. All development
pursuant to this Division 9 shall be governed by the zoning and development standards
contained therein.
Section 2-902. Flexible standard development.
The following uses are Level One permitted uses in the Downtown District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2-902. "D" Flexible Standard Development Standards
Use
Max.
Height
(ft.)
Min. Off-Street Parking
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30—
50 3—5 per 1,000 GFA
Attached Dwellings 30—
50 1-1.5 per unit
Bars 30—
50 3—10 per 1,000 GFA
Brewpubs 30—
50
1/1,000 GFA dedicated to brewery operations and support services; and
5—10/1,000 GFA for all other use area (1)
Ordinance No. 9149-18 6
Community Gardens n/a n/a
Convention Center 30—
50 5 per 1,000 GFA
Indoor Recreation/Entertainment
Facility
30—
50 3—5 per 1,000 GFA(1)
Microbreweries 30—
50
1/1,000 GFA dedicated to brewery operations and support services; and
5-10/1,000 GFA for all other use area (1)
Mixed Use 30—
50 Based upon specific use requirements
Museums 30—
50 1-3 per 1,000 GFA(1)
Nightclubs 30—
50 3—10 per 1,000 GFA
Offices 30—
50 1—3 per 1,000 GFA(1)
Overnight Accommodations 30—
50 .75—1 per unit
Parking Garages and Lots 50 n/a
Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community development
coordinator based on ITE Manual standards
Places of Worship 30—
50 .5—1 per 2 seats
Public Transportation Facilities 10 n/a
Restaurants 30—
50 5—10 per 1,000 GFA(1)
Retail Plazas 30—
50 4 per 1,000 GFA
Retail Sales and Service 30—
50 2—4 per 1,000 GFA(1)
Social and Community Centers 30—
50 2—4 per 1,000 GFA
Utility/Infrastructure Facilities n/a n/a
(1) For those existing buildings/properties with frontage on Cleveland Street that are located
between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces,
nor the ability to provide any off-street parking spaces, the use(s) of the buildings/properties
may be changed without the off-street parking that would otherwise be required for the change
of use being provided.
Flexibility criteria:
A. Accessory dwellings. One accessory dwelling, which is subordinate and accessory to a
principal permitted use provided that:
1. Title to the accessory dwelling is vested in the ownership of the principal use;
2. The floor area of the accessory dwelling does not exceed 25 percent of the floor area
of the principal use.
B. Alcoholic beverage sales.
Ordinance No. 9149-18 7
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
2. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses, are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 3, Division 14;
3. Design.
a. All street frontage is designed and used for commercial purposes;
b. The design of all buildings complies with the Downtown District design guidelines
in Division 5 of Article 3.
C. Attached dwellings.
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
2. All street frontage is designed and used for commercial purposes or is designed so
that the use functions in a way which will contribute to an active urban street
environment;
3. Off-street parking: Adequate parking is available on a shared basis as determined by
all existing land uses within 1,000 feet of the parcel proposed for development or
parking is available through any existing or planned and committed parking facilities or
the shared parking formula in Article 3, Division 14;
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
D. Bars.
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
2. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 3, Division 14;
3. Design:
a. All street frontage is designed and used for commercial purposes;
b. The design of all buildings complies with the Downtown District design guidelines
in Division 5 of Article 3.
E. Brewpubs.
1. No more than 50 percent of the total gross floor area of the establishment shall be
used for the brewery function including, but not limited to, the brewhouse, boiling and
water treatment areas, bottling and kegging lines, malt milling and storage,
fermentation tanks, conditioning tanks and serving tanks;
Ordinance No. 9149-18 8
2. Any overhead loading doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
3. Off-street parking:
a. Adequate off-street parking is available on a shared basis as determined by all
existing land uses within 1,000 feet of the parcel proposed for development, or
parking is available through any existing or planned and committed parking
facilities or the shared parking formula in Article 2, Division 14; or
b. The reduction in off-street parking is justified by the reasonably anticipated
automobile usage of visitors to the subject property; and
c. The availability of transportation modes other than the automobile, specifically that
there is access to mass transit within 1,000 feet of the subject property.
4. The design of all accessory buildings complies with the Downtown District design
guidelines in Division 5 of Article 3.
F. Community gardens.
1. The design of all accessory buildings complies with the Downtown District design
guidelines in Division 5 of Article 3.
G. Convention center.
1. The convention center is located on a parcel of land which is at least two acres in size;
2. Height: The convention center building will not obscure overwater vistas of any existing
individual residential unit with a floor height of 35 feet;
3. Design.
a. The façades of the convention center building or off-street parking facilities which
serve the convention center are designed and used for commercial purposes;
b. The design of all buildings complies with the Downtown District design guidelines
in Division 5 of Article 3.
H. Indoor recreation/entertainment facility.
1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient
design and appearance and results in landscaping in excess of the minimum required.
I. Microbreweries.
1. The parcel proposed for development is not contiguous to a parcel of land which is
designated as residential in the Zoning Atlas:
2. No more than 75 percent of the total gross floor area shall be used for the brewery
function including, but not limited to, the brewhouse, boiling and water treatment areas,
bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning
tanks and serving tanks;
3. Any overhead loading doors shall be located perpendicular to the abutting streets and
screened from adjacent properties by landscaped walls or fences.
4. Off-street parking:
a. Adequate off-street parking is available on a shared basis as determined by all
existing land uses within 1,000 feet of the parcel proposed for development, or
parking is available through any existing or planned and committed parking
facilities or the shared parking formula in Article 2, Division 14; or
b. The reduction in off-street parking is justified by the reasonably anticipated
automobile usage of visitors to the subject property; and
c. That there is access to mass transit within 1,000 feet of the subject property.
Ordinance No. 9149-18 9
5. The design of all accessory buildings complies with the Downtown District design
guidelines in Division 5 of Article 3.
J. Mixed use.
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
2. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 2, Division 14.
3. Design: The design of all buildings complies with the Downtown District design
guidelines in Division 5 of Article 3.
K. Museums.
1. Height: The increased height results in an improved site plan, landscaping areas in
excess of the minimum required or improved design and appearance.
2. Off-street parking: The physical characteristics of a proposed building are such that the
likely uses of the property will require fewer parking spaces per floor area than
otherwise required or that the use of significant portions of the building for storage or
other non-parking demand-generating purposes or the physical context, including
adjacent buildings and uses are such that there is a high probability that patrons will
use modes of transportation other than the automobile to access the use.
3. Design: The design of all buildings complies with the Downtown District design
guidelines in Division 5 of Article 3.
L. Nightclubs.
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
2. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 3, Division 14;
3. Design:
a. All street frontage is designed and used for commercial purposes;
b. The design of all buildings complies with the Downtown District design guidelines
in Division 5 of Article 3.
M. Offices.
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
2. Off-street parking:
a. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development, or parking is
Ordinance No. 9149-18 10
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 2, Division 14;
b. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or that the use of significant portions of the building will be used for
storage or other non-parking demand-generating purposes.
3. Design:
a. All street frontage is designed and used for commercial purposes;
b. The design of all buildings complies with the Downtown District design guidelines
in Division 5 of Article 3.
N. Overnight accommodations.
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
2. All street frontage is designed and used for commercial purposes;
3. Off-street parking: Adequate parking is available on a shared basis as determined by
all existing land uses within 1,000 feet of the parcel proposed for development or
parking is available through any existing or planned and committed parking facilities or
the shared parking formula in Article 3, Division 14;
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
O. Parking garages and lots.
1. The parcel proposed for development is not contiguous to land designated as
residential in the Zoning Atlas;
2. Access to and from the parking garage or lot shall be based on the findings of a
transportation analysis approved by the city;
3. The stacking spaces available for cars waiting to pass through a parking ticket
dispenser or booth to enter the garage or lot shall be based on the design and size of
the garage or lot;
4. Any frontage along a public street is designed and improved to be similar in character
and use to other uses and structures fronting on each street for a distance of 250 feet
in either direction along the street or the nearest intersections, whichever is less;
5. Parking structures are designed, constructed and finished so that the structure of the
garage is architecturally compatible with the design and character of adjacent principal
uses;
6. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
P. Parks and recreation facilities.
1. The proposed use is compatible with the surrounding properties.
2. Off-street parking is screened from adjacent parcels of land and any street by a
landscaped wall or fence of at least four feet in height.
3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent
land used for residential purposes.
4. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development, or parking is available
through any existing or planned and committed parking facilities or the shared parking
formula in Article 2, Division 14.
Q. Places of worship.
1. Access: The use of the parcel proposed for development will not involve direct access
to a major arterial street;
2. Height:
Ordinance No. 9149-18 11
a. The increased height results in an improved site plan, landscaping areas in
excess of the minimum required and/or improved design and appearance;
b. The increased height will not reduce the vertical component of the view from any
adjacent residential property;
3. Off-street parking: The total number of off-street parking spaces including off-site
parking spaces within 600 feet of the parcel proposed for development will be available
on a shared basis to meet the peak period demands of the facility;
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
R. Public transportation facilities.
1. The public transportation facilities are not located within 1,000 feet of another public
transportation facility unless necessary to serve established transit stops with
demonstrated ridership demand;
2. The public transportation facilities are designed, located and landscaped so that the
structure of the facilities are screened from view from any residential use or land
designated as residential in the Zoning Atlas;
3. Any lighting associated with the public transportation facilities is designed and located
so that no light is cast directly on any residential use or land designated as residential
in the Zoning Atlas;
4. The design of all buildings complies with the Downtown District design guidelines in
Division 4 of Article 3.
S. Restaurants.
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
2. All street frontage is designed and used for commercial purposes;
3. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development, or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 3, Division 14.
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
T. Retail plazas.
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
2. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
3. Restaurants within the shopping center may occupy up to 25 percent of the total gross
floor area of the shopping center. Any restaurant, or fraction thereof, that exceeds 25
percent must provide off-street parking at a rate consistent with the parking
requirement for the restaurant use in the district.
4. All shopping center buildings, including outbuildings, must be unified in terms of color,
materials, and architectural style.
5. Medical marijuana treatment center dispensing facilities: Shall comply with the
requirements set forth in F.S. § 381.986, as amended.
U. Retail sales and service.
Ordinance No. 9149-18 12
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
2. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 2, Division 14;
3. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
4. Medical marijuana treatment center dispensing facilities: Shall comply with the
requirements set forth in F.S. § 381.986, as amended.
V. Social and community centers.
1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient
design and appearance and results in landscaping in excess of the minimum required.
W. Utility/infrastructure facilities.
1. Any above ground structure other than permitted telecommunication towers and utility
distribution lines located on or along a rear lot line shall be screened from view by a
landscaped opaque wall or fence which is at least two-thirds the height of the above
ground structure and shall be landscaped with trees which will five years after
installation substantially obscure the fence or wall and the above ground structure;
2. Any above ground structure other than permitted telecommunication towers and utility
distribution lines located on or along a rear lot line shall be screened from view by a
wall which is an extension of an architectural treatment of a principal building;
3. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
Section 2-903. - Flexible development.
The following uses are Level Two permitted uses in the Downtown District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2-903. "D" District Flexible Development Standards
Use
Max.
Height
(ft.)
Min. Off-Street Parking
Alcoholic Beverage Sales 30—100 3—5 per 1,000 GFA
Animal Boarding 30 4 per 1,000 GFA
Attached Dwellings 30—100 1—1.5 per unit
Comprehensive Infill
Redevelopment Project n/a Determined by the community development coordinator based
on the specific use and/or ITE Manual standards
Educational Facilities 30—100 4/1000 GFA
Ordinance No. 9149-18 13
Governmental Uses 30—100 3—5 per 1,000 GFA
Indoor Recreation/Entertainment
Facility 30—100 3—5 per 1,000 GFA(1)
Limited Vehicle Sales and Display 30 2—4 per 1,000 GFA
Marinas and Marina Facilities 30 1 space per 2 slips
Mixed Use 30—100 Based upon specific use requirements
Nightclubs 30—100 3—10 per 1,000 GFA
Offices 30—100 1—3 per 1,000 GFA(1)
Overnight Accommodations 50—100 .75—1 per unit
Public Facilities 30—100 1—2 per 1,000 GFA
Restaurants 30—100 5—10 per 1,000 GFA(1)
Retail Sales and Service 30—100 2—4 per 1,000 GFA(1)
Social/Public Service Agencies 30—100 3—4 per 1,000 GFA
Telecommunication Towers Refer to
Section 3-2001 n/a
Veterinary Offices 30 4 per 1,000 GFA
(1) For those existing buildings/properties with frontage on Cleveland Street that are
located between Osceola Avenue and Myrtle Avenue that have no existing off-street
parking spaces, nor the ability to provide any off-street parking spaces, the use(s) of
the buildings/properties may be changed without the off-street parking that would
otherwise be required for the change of use being provided.
Flexibility criteria:
A. Alcoholic beverage sales:
1. Height:
a. The parcel proposed for development is located to the west of Myrtle, south of
Drew and north of Court;
b. The increased height results in an improved site plan and/or improved design and
appearance;
2. All street frontage is designed and used for commercial purposes;
3. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development, or any parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 2, Division 14.
4. The design of all buildings complies with the Downtown District design guidelines in
Division 4 of Article 3.
B. Animal Boarding.
1. The parcel is not contiguous to a parcel of land which is designated as residential in
the Zoning Atlas.
2. The use of the parcel does not involve animal confinement facilities that are open to
the outside.
Ordinance No. 9149-18 14
3. Animals may have supervised outdoor exercise but only between 7:00 a.m.—9:00 p.m.
In no case shall animals be left unsupervised while outdoors.
4. Accessory boarding facilities shall contain waste control facilities and an air-handling
system for disinfection and odor control.
5. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
C. Attached dwellings.
1. Height:
a. The parcel proposed for development is located to the west of Myrtle, south of
Drew and north of Court;
b. The increased height results in an improved site plan and/or improved design and
appearance;
c. The height may be increased to one hundred and fifty feet (150') if the parcel
proposed for development fronts on Clearwater Bay or is only separated from
Clearwater Bay by a public open space or right-of-way.
2. All street frontage is designed and used for commercial purposes or is designed so
that the attached dwellings function in a way which will contribute to an active urban
street environment;
3. Off-street parking:
a. The physical characteristics of the proposed building are such that the likely uses
of the property will require fewer parking spaces per floor area than otherwise
required or that the use of significant portions of the building for storage or other
non-parking demand-generating purposes or that the nature of the individual
dwelling units and their location is likely to lead to dependency on non-automobile
modes of transportation;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within one thousand (1,000) feet of the parcel proposed for development, or
parking is available through any existing or planned and committed parking
facilities or the shared parking formula in Article 3, Division 14.
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
D. Comprehensive infill redevelopment projects.
1. The development or redevelopment is otherwise impractical without deviations from
the use and/or development standards set forth in this zoning district;
2. The development or redevelopment will be consistent with the goals and policies of the
Comprehensive Plan, as well as with the general purpose, intent and basic planning
objectives of this Code, and with the intent and purpose of this zoning district;
3. The development or redevelopment will not impede the normal and orderly
development and improvement of surrounding properties;
4. Adjoining properties will not suffer substantial detriment as a result of the proposed
development;
5. The proposed use shall otherwise be permitted by the underlying future land use
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum standard,
flexible standard or flexible development use;
b. The proposed use would be a significant economic contributor to the city's
economic base by diversifying the local economy or by creating jobs;
c. The development proposal accommodates the expansion or redevelopment of an
existing economic contributor;
Ordinance No. 9149-18 15
d. The proposed use provides for the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area that is
characterized by other similar development and where a land use plan amendment
and rezoning would result in a spot land use or zoning designation; or
f. The proposed use provides for the development of a new, and/or preservation of a
working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking
are justified based on demonstrated compliance with all of the following design
objectives:
a. The proposed development will not impede the normal and orderly development
and improvement of the surrounding properties for uses permitted in this zoning
district;
b. The proposed development complies with applicable design guidelines adopted by
the city;
c. The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following design
elements:
• Changes in horizontal building planes;
• Use of architectural details such as columns, cornices, stringcourses, pilasters,
porticos, balconies, railings, awnings, etc.;
• Variety in materials, colors and textures;
• Distinctive fenestration patterns;
• Building stepbacks; and
• Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced landscape
design and appropriate distances between buildings.
E. Educational facilities.
1. The parcel proposed for development fronts on a road with at least four lanes.
2. The proposed development does not have an accessway which connects to a local
street at a point more than 100 feet from the four lane road on which the parcel
proposed for development fronts.
3. Height: The increased height results in an improved site plan and/or improved design
and appearance.
F. Governmental uses.
1. Height:
a. The parcel proposed for development is located to the west of Myrtle, south of
Drew and north of Court;
b. The increased height results in an improved site plan and/or improved design and
appearance;
2. All street frontage is designed and used for commercial purposes or comparable
governmental service purposes;
3. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or that the use of significant portions of the building for storage or other
non-parking demand-generating purposes or the physical context, including
adjacent buildings and uses are such that there is a high probability that patrons
will use modes of transportation other than the automobile to access the use;
Ordinance No. 9149-18 16
b. Off-street parking: Adequate parking is available on a shared basis as determined
by all existing land uses within 1,000 feet of the parcel proposed for development,
or parking is available through any existing or planned and committed parking
facilities or the shared parking formula in Article 3, Division 14.
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
G. Indoor recreation/entertainment facility.
1. Off-street parking:
a. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development, or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 3, Division 14;
b. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use.
2. Height:
a. The parcel proposed for development is located to the west of Myrtle, south of
Drew and north of Court;
b. The increased height results in an improved site plan and/or improved design and
appearance.
H. Limited vehicle sales/display.
1. The use of the parcel proposed for development shall be located in an enclosed
structure.
2. The use of the parcel proposed for development shall have no outdoor displays.
3. No vehicle service shall be provided on the parcel proposed for development.
4. Off-street parking:
a. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development, or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 3, Division 14;
b. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or that the use of significant portions of the building will be used for
storage or other non-parking demand-generating purposes.
I. Marinas and marina facilities.
1. The parcel proposed for development is not located in areas identified in the
Comprehensive Plan as areas of environmental significance including:
a. The north end of Clearwater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall be
permitted on any parcel of land which is contiguous to a parcel of land which is
designated as residential in the Zoning Atlas, unless the marina facilities are totally
screened from view from the contiguous land which is designated as residential and
the hours of operation of the commercial activities are limited to the time period
between sunrise and sunset; and
Ordinance No. 9149-18 17
3. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
4. All marina facilities shall comply with the commercial dock requirements set forth in
Section 3-601.C.3 and the marina and marina facilities requirements set forth in
Section 3-603.
J. Mixed use.
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
2. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 2, Division 14;
3. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
K. Nightclubs.
1. Height:
a. The parcel proposed for development is located to the west of Myrtle, south of
Drew and north of Court;
b. The increased height results in an improved site plan and/or improved design and
appearance;
2. All street frontage is designed and used for commercial purposes;
3. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 3, Division 14.
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
L. Offices.
1. Height:
a. The parcel proposed for development is located to the west of Myrtle, south of
Drew and north of Court;
b. The increased height results in an improved site plan and/or improved design and
appearance;
2. All street frontage is designed and used for commercial purposes;
3. Off-street parking: Adequate parking is available on a shared basis as determined by
all existing land uses within 1,000 feet of the parcel proposed for development, or
parking is available through any existing or planned and committed parking facilities or
the shared parking formula in Article 3, Division 14;
Ordinance No. 9149-18 18
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
M. Overnight accommodations.
1. Height:
a. The parcel proposed for development is located to the west of Myrtle, south of
Drew and north of Court;
b. The increased height results in an improved site plan and/or improved design and
appearance;
2. All street frontage is designed and used for commercial purposes;
3. Off-street parking: Adequate parking is available on a shared basis as determined by
all existing land uses within 1,000 feet of the parcel proposed for development, or
parking is available through any existing or planned and committed parking facilities or
the shared parking formula in Article 3, Division 14;
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3;
N. Public facilities.
1. Height:
a. The parcel proposed for development is located to the west of Myrtle, south of
Drew and north of Court;
b. The increased height results in an improved site plan and/or improved design and
appearance;
2. All street frontage is designed and used for governmental customer service purposes
or is designed and/or screened to contribute to an active urban street environment;
3. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development, or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 3, Division 14.
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
O. Restaurants.
1. Height:
a. The parcel proposed for development is located to the west of Myrtle, south of
Drew and north of Court;
b. The increased height results in an improved site plan and/or improved design and
appearance;
2. All street frontage is designed and used for commercial purposes;
3. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development, or parking is
Ordinance No. 9149-18 19
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 3, Division 14.
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
P. Retail sales and services.
1. Height:
a. The parcel proposed for development is located to the west of Myrtle, south of
Drew and north of Court;
b. The increased height results in an improved site plan and/or improved design and
appearance.
2. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use;
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development, or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 3, Division 14.
3. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
4. Medical marijuana treatment center dispensing facilities:
a. Shall comply with the requirements set forth in F.S. § 381.986, as amended;
b. May be permitted to be located within 500 feet of a public or private school, if the
location of such dispensing facility is determined to promote the public health,
safety, and general welfare of Clearwater.
Q. Social/public service agencies.
1. Height:
a. The parcel proposed for development is located to the west of Myrtle, south of
Drew and north of Court.
b. The increased height results in an improved site plan and/or improved design and
appearance.
2. All street frontage is designed and used for customer service purposes or is designed
and/or screened to contribute to an active street environment;
3. Off-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of
the property will require fewer parking spaces per floor area than otherwise
required or the physical context, including adjacent buildings and uses are such
that there is a high probability that patrons will use modes of transportation other
than the automobile to access the use.
b. Adequate parking is available on a shared basis as determined by all existing land
uses within 1,000 feet of the parcel proposed for development, or parking is
available through any existing or planned and committed parking facilities or the
shared parking formula in Article 3, Division 14.
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
5. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
6. The social/public service agency shall not be located within 1,000 feet of another
social/public service agency.
Ordinance No. 9149-18 20
R. Telecommunication towers.
1. No telecommunication tower is located on Clearwater Beach.
2. If the telecommunication tower is located within a scenic corridor designated by the
City of Clearwater or a scenic noncommercial corridor designated by the Pinellas
Planning Council, the applicant must demonstrate compliance with the design criteria
in those designations.
3. The design and construction of the telecommunication tower complies with the
standards in Article 3 Division 21.
S. Veterinary offices.
1. The parcel proposed for development is not contiguous to a parcel of land, which is
designated as residential in the Zoning Atlas;
2. Boarding of animals shall only be allowed if accessory to a veterinary office and/or
grooming business;
3. The use of the parcel proposed for development does not involve animal confinement
facilities that are open to the outside;
4. Animals may have supervised outdoor exercise but only between 7:00 a.m.—9:00 p.m.
In no case shall animals be left unsupervised while outdoors;
5. Accessory boarding facilities shall contain waste control facilities and an air-handling
system for disinfection and odor control; and
6. Design: The design of all buildings complies with the Downtown District design guidelines
in Division 5 of Article 3.
Section 3. That Article 3, Development Standards, Division 5, Design Standards,
Section 3-502, Downtown [Reserved], Community Development Code, be amended and
renamed to read as follows:
Section 3-502. – Downtown [Reserved].
A. The Design Guidelines for development in the Clearwater Downtown Redevelopment Plan,
as adopted on February 4, 2004 and as subsequently amended, are hereby incorporated by
reference. The Design Guidelines apply to all properties within the Clearwater Downtown
Redevelopment Plan Area regardless of Zoning District.
B. No metal fabricated buildings shall be permitted to be established in the Downtown District.
The design standards for development in the Downtown (D) District are established in Appendix
C, Downtown District and Development Standards.
Section 4. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3-903, Required Setbacks, Community Development Code, be amended to
read as follows:
* * * * * * * * * *
F. Except for driveway access to garages, vehicular cross-access and shared parking, all of
which are regulated by Subsection A., above; parking lots shall be set back from front
property lines a distance of 15 feet, and shall be set back from all other property lines a
distance that is consistent with the required perimeter landscape buffer width.
* * * * * * * * * *
Ordinance No. 9149-18 21
2. As perimeter landscape buffers are not required in the Downtown (D) District,
compliance with the above provision is not required. However, compliance with the
applicable Design Guidelines Development Standards as set forth in the Clearwater
Downtown Redevelopment Plan Downtown District and Development Standards in this
Development Code must still be achieved.
* * * * * * * * * *
Section 5. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3-909, Outdoor Cafes Located within Public Right(s)-of-Way, be amended to
read as follows:
A. Applicability. A bar, brewpub, indoor recreation/entertainment facility, microbrewery,
museum, nightclub, restaurant, take-out food establishment with no indoor seating, or other
use which includes the sale and or consumption of food or drink as determined by the
Community Development Coordinator, may establish an outdoor café. Outdoor cafés shall
be exempt from parking requirements.
1. Outdoor cafés are allowed only in/on:
a. The Downtown District;
b. Those properties located in the Commercial District subject to the Clearwater
Downtown Redevelopment Plan;
cb. Those properties located in the Tourist District on Clearwater Beach; and
dc. The east side of that area known as Beach Walk as existing on the east side of
Gulfview Boulevard between the northerly terminus of Beachwalk south of the
Gulfview/Coronado confluence and the southern terminus of Beach Walk
approximately 330 feet south of Fifth Street and as located within the Beach Walk
District as provided in Beach by Design and further located in the Open
Space/Recreation [OS/R] District on Clearwater Beach provided the outdoor café is
in conjunction with a permitted restaurant in the adjacent Tourist District.
2. Special provisions of this section apply to outdoor cafés located within the Cleveland
Street Café District.
* * * * * * * * * *
6. Outdoor cafes pursuant to Section 3-909.A.1.dc, above, are restricted to sidewalk
frontage of the subject business applying for a permit and may extend no more than 25
feet from the façade of the subject business. Under no circumstances may any portion of
an outdoor café extend into or obstruct any portion of the main pedestrian thoroughfare
(promenade) of Beach Walk.
* * * * * * * * *
Section 6. That Article 3, Development Standards, Section 3-1411, Bicycle Parking,
be amended by revising subsection A; adding new subsection B; relettering the subsequent
subsections as appropriate; and adding a new diagram in subsection D as relettered, to read as
follows:
A. Short-term bicycle parking. Short-term bicycle parking encourages employees, shoppers,
customers and other visitors to ride bicycles by providing a convenient, easily identifiable,
and readily accessible location to park bicycles. Short term bicycle parking shall comply with
the following standards: Location. All provided bicycle parking shall comply with the following
locational standards:
Ordinance No. 9149-18 22
1. Bicycle racks shall be installed in highly-visible locations along pedestrian walkways, and
near main building entries and be publicly accessible at all hours of the day.
2. Bicycle racks shall be installed at the same grade as the abutting sidewalk, or at a location
that is ADA accessible.
3. Bicycle rack locations shall not impede and/or obstruct ADA accessible routes, pathways
or minimum clear widths of a sidewalk.
4. Bicycle racks shall not be placed closer than 30 inches from each other and not closer
than 36 inches from walls, edge of pavement, or any other obstructions.
B. Long-term bicycle parking. Long-term bicycle parking provides a secure and weather-
protected place to park bicycles for employees, students, residents, commuters and others
who generally stay at a location for several hours. Long-term bicycle parking shall comply
with the following standards:
1. Long-term bicycle parking shall be provided on-site and shall not be located between the
right-of-way and the principal structure except as may otherwise be approved by the
Community Development Coordinator based on use characteristics.
2. Long-term bicycle parking spaces shall be covered and may be located inside buildings;
under roof overhangs, awnings, canopies or columnades; in bicycle lockers; or within or
under other architecturally finished structures that are designed consistent with and
complementary to the exterior façade of the primary building. Where the required covered
bicycle parking is not within a building or locker, under roof overhangs, awnings, canopies
or columnades, in bicycle lockers, or within under other structures, the covering provided
shall be:
a. Designed to protect the bicycle from exposure to sun and rainfall;
b. Attached to permanent framing and include a permanent and solid roof deck
constructed with material such as asphalt shingles, metal, concrete tile, or wood.
Fabric, canvas and canvas/fabric-like materials are prohibited; and
c. At least eight feet in height above the floor or ground.
3. To provide security, long-term bicycle parking must provide the ability to lock individual
bicycles and be in an area that is visible from an entry to the building, excluding service
entries, an employee work area, or monitored by a security camera.
4. Long-term bicycle parking shall be in an area lighted during non-daylight hours of business
operations.
5. Bicycle parking areas required by this section shall only be used for the parking of
bicycles. Any other use of these areas is a violation of this Development Code.
BC. Bicycle racks standards.
1. Ground or floor mounted bicycle racks shall be designed to allow contact and support of a
bicycle frame in at least two places and shall allow locking of the frame and one or both
wheels with a U-shaped lock, as depicted in the following figure. The inverted "U" style
bicycle rack that can hold two bicycles is the preferred type of rack (also known as a "staple",
"hoop", or "U" rack).
INSERT DIAGRAM
Ordinance No. 9149-18 23
Figure Source: APBP Bicycle Parking Guidelines, 2nd edition, page 6, www.apbp.org, used with permission from
the copyright holder.
2. Bicycle racks and lockers shall be permanently affixed to the ground securely mounted on the
ground, floor, wall, or ceiling.
3. Bicycle rack design shall include materials and forms that are consistent with any required
streetscape furnishings.
4. Bicycle racks shall be constructed using durable finishes that cannot be damaged by the
constant abrasion from the bicycles.
5. The following styles of bicycle racks as depicted in the following figure shall be prohibited.
Ordinance No. 9149-18 24
Figure Source: APBP Bicycle Parking Guidelines, 2nd edition, page 10, www.apbp.org, used with permission from the
copyright holder.
CD. Parking and maneuverability standards.
1. Bicycle parking spaces shall be accessible without moving another bicycle.
2. Each bicycle parking space shall be at least six feet long with a minimum vertical clearance of
seven feet.
Ordinance No. 9149-18 25
3. An access aisle at least five feet wide shall be provided and maintained beside or between
each row of bicycle parking.
4. Bicycle parking spaces shall be on a hard surface constructed of asphalt or concrete material,
brick, decorative pavers or similar materials.
5. Bicycles racks shall be protected from motorized vehicles by location and/or physical barriers.
INSERT DIAGRAM
Bicycle Parking Diagram
Section 7. That Article 6, Nonconformity Provisions, Section 6-109, Termination of
Status as a Nonconformity, be amended to read as follows:
* * * * * * * * * *
D. Any property located in the Downtown District that has been subject to a termination of
nonconformity with regard to building height may reconstruct such height if approved by the
Community Development Board as Level Two approval in accordance with the following
criteria:
1. The reconstruction complies with all other requirements of this Community Development
Code and the Clearwater Downtown Redevelopment Plan; and
* * * * * * * * * *
3. The design of the proposed project creates a form and function which enhances the
community character of the immediate vicinity of the parcel proposed for development
and complies with the Downtown Design Guidelines; and
* * * * * * * * * *
Ordinance No. 9149-18 26
Section 8. That a new Appendix C, Downtown District and Development Standards,
Community Development Code, be added to read as follows:
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
27
Division 1. General Provisions
SECTION C-101. INTENT & PURPOSE
The intent and purpose of the Downtown District
and Development Standards is to guide the
development and redevelopment of sites in
Downtown Clearwater consistent with the vision,
guiding principles, goals, objectives and policies
in the Clearwater Downtown Redevelopment Plan
to achieve quality urban and architectural design
throughout Downtown and provide regulatory
clarity and predictability for property owners,
investors, residents, and business owners. The
standards are designed to accomplish the following:
• Encourage mixed use, pedestrian-oriented
development;
• Promote context-sensitive forms, patterns, and
intensities of development;
• Support a variety of new housing types to
provide for a range of affordability and mix of
incomes;
• Preserve and celebrate the unique features of
Downtown’s community and neighborhoods;
• Encourage the renovation, restoration and/or
reuse of existing historic structures; and
• Provide for the design of safe, attractive, and
accessible places for working, living, and
shopping.
SECTION C-102. RELATION TO THE
COMMUNITY DEVELOPMENT CODE
The Downtown District and Development Standards
are part of Community Development Code (CDC)
Article 2, Division 9 and Article 3, Division 5.
Wherever there appears to be a conflict between the
Downtown District and Development Standards and
other sections of the CDC, the standards set forth in
the Downtown District and Development Standards
shall prevail. For conditions not covered by these
standards, other applicable sections of the CDC shall
apply.
SECTION C-103. ORGANIZATION OF
STANDARDS
Standards regulating development in the Downtown
District are organized as follows:
A) Regulating Plans
The Regulating Plans included in Division 2
determine how the Downtown District and
Development Standards are applied by character
district and street type. The Character District
Regulating Plan defines the limits of five different
character districts which determine the applicability
of requirements in Division 3. The Street Type
Regulating Plan defines six street types which
determine the applicability of requirements in
Division 4. The Street Type Regulating Plan also
identifies the location of key corners which are
subject to special requirements.
B) Development Standards
Standards regulating development in the Downtown
District are included in Divisions 3, 4, 5, 6, and 7 as
described below:
1. The Character District Standards in Division 3
regulate development potential, building heights,
permitted uses, and parking requirements.
2. The Frontage Standards in Division 4 regulate
building setbacks, front setback improvements,
ground floor facades and entries, and certain
locational requirements for parking and vehicular
circulation.
3. The Site Design Standards in Division 5 regulate
development patterns in Downtown, site access,
circulation, parking design, service area location
and design, garage location for residential uses,
landscaping, fencing and walls, location of
stormwater facilities, waterfront lots, and the design
of drive-through facilities.
4. The Building Design Standards in Division 6
regulate the treatment of front building facades and
other features related to the architectural design of
buildings.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 28
5. The Sign Standards in Division 7 regulate signage
in the Downtown District.
C) Flexibility Provisions
Division 8 provides processes and standards for
the approval of flexibility in the application of
Downtown District and Development Standards.
SECTION C-104. APPLICABILITY OF
DEVELOPMENT STANDARDS
A) General
The Development Standards in Appendix C,
Divisions 3, 4, 5, and 6 are intended to ensure that
new development and significant renovations and
additions to existing developments are designed
in accordance with the vision described in the
Clearwater Downtown Redevelopment Plan, while
allowing for incremental improvements to existing
buildings and sites. Provisions addressing flexibility
in the application of these Development Standards
are included in Appendix C, Division 8.
B) Exemptions
The following types of development are exempt
from all or a portion of the Development Standards
as follows:
1. Change of Use. Projects involving only a change in
use are exempt from the Development Standards in
Appendix C, Divisions 4, 5 and 6 and bicycle parking
requirements in Section C-303.B of these standards.
2. Detached Dwellings. Detached dwellings
lawfully existing on the date of adoption of these
Development Standards may be expanded. The
location of any new floor area shall be compliant
with all setback requirements in Division 4 of these
standards. Existing driveways or parking that does
not comply with the parking location standards for
the applicable frontage type may remain. Existing
carports may be enclosed, but new garages shall
comply with Section C-505.
3. Improvement or Remodel. Building improvement
and remodel projects, including projects with up to
7.5 percent or 5,000 square feet of additional gross
floor area, whichever is less, excluding detached
dwellings, shall be exempt from the Development
Standards as follows.
a. Building improvement or remodel projects
valued at less than 25 percent of the total
assessed building value as reflected in the
Property Appraiser’s current records at the
time of application or as established by a
qualified independent appraiser using a
recognized appraisal method are exempt from
the Development Standards in Appendix C,
Divisions 4, 5 and 6.
b. Building improvement or remodel projects
valued at 25 percent or more of the total
assessed building value as reflected in the
Property Appraiser’s current records at the time
of application or as established by a qualified
independent appraiser using a recognized
appraisal method are exempt from all but
Sections C-502.A, C-503.C, C-504, and C-506 of
these standards.
4. Historic Designated Structures. The Community
Development Coordinator may waive the
Development Standards for the renovation or
development of structures which have been
designated historic in accordance with the provisions
of Section 4-607. Changes to such structures shall
comply with the standards for historic preservation
in Article 2, Division 10.
C) Not Applicable CDC Sections
The landscaping standards set forth in Sections
3-1202.A.2 and 3-1202.A.3, and the parking
standards set forth in Sections 3-1401.B.2 and
3-1401.B.3 shall not apply.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
29
Division 2. Regulating Plan
SECTION C-201. GENERAL
Development within the Downtown District is
regulated by character district and street type, as
shown in Figure 1. Character Districts and Figure 2.
Regulating Plan – Street Types and Key Corners.
SECTION C-202. CHARACTER DISTRICT
REGULATING PLAN
Standards and regulations in Appendix C, Division
3 related to land use and parking, development
density and intensity, and building height within the
Downtown District apply to properties falling within
one of five character districts illustrated in Figure 1.
Character Districts.
A) Downtown Core Character District
The Downtown Core Character District is intended
for high intensity mixed-use, office, and residential
development in buildings with active ground floor
uses opening onto pedestrian-friendly streetscapes.
Standards are designed to support a dense urban
pattern of development with buildings facades
aligned along public sidewalks and parking primarily
located within buildings behind active uses and
behind buildings. Properties adjacent to the Pinellas
Trail are designed to provide pedestrian and bicycle
connections to the trial.
B) Old Bay Character District
The Old Bay Character District is intended for
moderate intensity residential development and
mixed-use development in buildings with entires
opening onto pedestrian-friendly streetscapes.
Standards are designed to preserve the District’s
unique and charming character, while providing
a transition between the high intensity mixed-use
areas in the Downtown Core Character District and
residential neighborhoods to the north outside of
the Downtown District boundaries. Buildings with
active ground floor uses along North Fort Harrison
Avenue are designed with facades aligned along
public sidewalks and parking and service areas
primarily located behind buildings. In the remainder
of the District, buildings are designed with facades
aligned along streets with modest setbacks and
with parking and service areas primarily located
behind buildings. Properties adjacent to the Pinellas
Trail are designed to provide pedestrian and bicycle
connections to the Trail.
C) South Gateway Character District
The South Gateway Character District is intended
for moderate intensity residential and mixed-use
development in buildings with active ground floor
uses opening onto pedestrian-friendly streetscapes.
Buildings are designed with facades aligned along
public sidewalks with parking and service areas
primarily located behind buildings. Properties
adjacent to the Pinellas and Druid Trails are designed
to provide pedestrian and bicycle connections to the
Trail(s). This character district is intended to create
a transition between higher intensity mixed-use
areas in the Downtown Core Character District and
residential neighborhoods to the southeast and
Morton Plant Hospital farther south.
D) Prospect Lake Character District
The Prospect Lake Character District is intended
for high-intensity residential and mixed-use
development in buildings with street-facing entries
opening onto pedestrian-friendly streetscapes and
with active ground floor uses along many streets.
Buildings are designed with facades aligned along
public sidewalks with parking and service areas
primarily located behind buildings. This character
district is intended to create a transition between
higher intensity mixed-use areas in the Downtown
Core Character District and residential areas to the
east in the Downtown Gateway Character District.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 30
Figure 1. Character Districts
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveCharacter Districts
Downtown District
& Development Standards
0 1,250 2,500625
FeetDowntown Core
Downtown Gateway
Old Bay
Prospect Park
South Gateway
N
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
31
E) Downtown Gateway Character District
The Downtown Gateway Character District is
intended for moderate intensity residential and
mixed-use development in buildings with street-
facing entries opening onto pedestrian-friendly
streetscapes. Buildings are designed with facades
aligned along streets, modest setbacks, and parking
primarily located behind buildings. This area is
intended to create a transition between higher
intensity mixed-use areas to the west in the Prospect
Lake Character District and lower to medium
intensity residential areas outside of Downtown to
the east and northeast.
SECTION C-203. STREET TYPE
REGULATING PLAN
A) Street Types & Key Corner Locations
Figure 2. Regulating Plan – Street Types and Key
Corners establishes the applicability of development
standards in Appendix C, Division 4 based on a site’s
location along streets and at key corner locations.
As shown in Figure 2. Regulating Plan – Street
Types and Key Corners, streets with high levels of
existing and planned pedestrian activity are assigned
Street Types A, B or C; streets with modest levels of
existing and planned pedestrian activity are assigned
Street Type D; and streets with residential uses are
assigned Street Types E and F. For sites at locations
identified as key corners, specific development
standards related to ground floor uses are included
in Appendix C, Division 4. The Service Street Type
is applied to public streets and alleys with very low
levels of anticipated pedestrian activity that provide
access to parking and service areas.
B) Street Types Assignment
Along existing or proposed new public streets where
street types are not depicted on the Regulating Plan,
an appropriate street type shall be established by the
Community Development Coordinator as part of an
application for development approval.
C) View Corridors
The view corridor at the western terminus of
Nicholson Street shall be preserved through an
open space corridor the width of the Nicholson
Street right-of-way. The corridor shall extend to
the west to the mean high water line. Hardscaping
improvements may occupy this space provided
the height does not exceed the average pre-
development grade of the property within the open
space corridor. View corridors are shown on Figure 2.
Regulating Plan - Street Types and Key Corners.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 32
Figure 2. Regulating Plan – Street Types and Key Corners
Ft Harrison AveMartin Luther King, Jr. AveSeminole St
Pierce St
Chestnut St
Cedar St
Drew StMyrtle AveFranklin St
Maple St
Osceola AvePark StGarden AveClevela
Street Types and Key Corners
Downtown Zoning District
& Development Standards
Cleveland St
Jones St
East AveCourt St
Turner St
Druid Rd Prospect AveFt Harrison AveLaura St
Grove St
Street Type A
Street Type B
Street Type C
Street Type D
Street Type E
Street Type F
Key Corners
Key Corners, Festival Area
Service Streets
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
33Highland AveMissouri AveCourt St
Laura St
Park St
San Juan StBetty LnPierce StHillcrest Aveeveland St
0 1,250 2,500625
Feet
Drew St
Franklin St
t
Grove St
Lincoln AveSan Remo AveG
u
l
f
t
o
B
a
y
B
l
v
d
Missouri AveCleveland St
N
View Corridor
Hardscape Only
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 34
SECTION C-301. DEVELOPMENT
POTENTIAL
A) Maximum Development Potential
1. Development in the Downtown District shall
be consistent with the development potential set
forth by location in the Clearwater Downtown
Redevelopment Plan. Properties within the
Downtown District shall have a future land use of
Central Business District (CBD), which is consistent
with the Activity Center (AC) Countywide Plan Map
category and the Special Center subcategory in the
Countywide Plan for Pinellas County. The maximum
development potential set forth for each established
character district is shown on Figures 3 through 7.
Residential uses and overnight accommodation uses
are regulated by density, or units per acre, while
nonresidential uses are regulated by intensity, or
floor area ratio (FAR). The development potential for
mixed-use projects shall be determined consistent
with Section 3-902.
2. Residential density on parcels proposed for
development within the Downtown Gateway
Character District which have frontage along Street
Type F shall be limited to no more than two dwelling
units.
B) Residential Density in Coastal Storm Area
Where residential density was increased in 2018,
residential density on those portions of property
located within the coastal storm area (CSA) shall be
limited to the density in place prior to the adoption
of the Clearwater Downtown Redevelopment Plan
(adopted March 2, 2018) consistent with Figure
7. Residential Density in the Coastal Storm Area.
However, if development is located entirely outside
of those portions of property located within the CSA,
this provision shall not apply.
SECTION C-302. BUILDING HEIGHT
A) Maximum Building Heights
The maximum building height for each character
district is shown on Figure 8. Maximum Height &
Height Transitions.
Division 3. Character District Standards
B) Height Transitions
1. Buildings greater than 75 feet in height shall
provide step backs consistent with the following
standards.
a. Buildings shall have at least a 15-foot minimum
facade step back from the lower floor facade
between the 3rd and 6th floors along frontages
abutting public streets. Buildings greater than
150 feet in height shall have an additional 15-
foot minimum facade step back between the
12th and 15th floors along frontages abutting
public streets.
b. Buildings along the boundary of the Downtown
District and/or those properties within the
Downtown District for which the permissible
maximum height would be greater than 10 feet
higher than the permissible maximum height
on an abutting parcel (see Figure 8) shall have at
least a 15-foot minimum facade step back from
the lower floor facade between the 3rd and
6th floor along the property line(s) which abut
the boundary and/or a property with a lesser
permissible height.
2. To avoid a monotonous streetscape, a building
shall not replicate the step back configuration of the
neighboring buildings including those across rights-
of-way.
3. In addition to the step back requirements above,
buildings, or portions of buildings located on
properties that are two acres or larger in size and
located west of North Osceola Avenue and north of
Seminole Street, but not fronting on Cedar Street,
and are greater than 30 feet in height shall not be
closer than 30 feet to any property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
35
SECTION C-303. PERMITTED USES &
PARKING
A) Use & Off Street Parking Table
Permitted uses and approval levels by character
district, along with off-street parking requirements,
are listed in Table 1. Use & Off-Street Parking. In
addition, only residential land uses are permitted
along Street Types E and F.
Column intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 36
Figure 3. Maximum Intensity - FAR
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum FAR
Downtown District
& Development Standards
0 1,250 2,500625
Feet0.5
0.55
1.5
2.5
4.0
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
37
Figure 4. Maximum Residential Density
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Residential Density
Downtown District
& Development Standards
0 1,250 2,500625
Feet35 Units per Acre
50 Units per Acre
75 Units per Acre
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 38
Figure 5. Maximum Hotel Density
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Hotel Density
Downtown District
& Development Standards
0 1,250 2,500625
Feet
N/A
40 Units per Acre
50 Units per Acre
95 Units per Acre
35 Units per Acre
10 Rooms Maximum
(Bed & Breakfast Only)
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
39
Figure 6. Maximum Mixed-Use Density
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Mixed-Use Density
Downtown District
& Development Standards
0 1,250 2,500625
FeetN/A
50 Units per Acre
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 40
Figure 7. Residential Density in the Coastal Storm Area
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser; Tampa Bay Regional Planning
Council
Prepared by: City of Clearwater Planning & Development Department, May 2018
Drew St
Ft Harrison AvePierce St
Cedar St
Georgia St
Myrtle AveLaura St
Seminole St
Osceola AveEldridge St
Garden AveNicholson St
Cleveland St
Residential Density in
Coastal Storm Area
Downtown District
& Development Standards
0 625 1,250312.5
FeetDowntown Core
Old Bay
7.5 Units per Acre
25 Units per Acre
70 Units per Acre
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
41
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Height &
Height Transitions
Downtown District
& Development Standards
0 1,250 2,500625
Feet
75
100 (Hotel Only)
150
Unlimited
Height Transitions
35
45
55
N
Figure 8. Maximum Height & Height Transitions
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 42
Table 1. Use & Off -Street Parking
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
RESIDENTIAL USES
Attached Dwellings BCP BCP BCP BCP BCP Parking provided in excess of the minimum
required may be provided as tandem parking.
Handicapped parking spaces shall not be
used for tandem spaces.
1/unit
Community Residential
Homes
X BCP X BCP BCP 1. See footnote 1.
2. No more than six residents shall be
permitted.
1 per 2 residents
Detached Dwellings X BCP BCP BCP BCP Parking provided in excess of the minimum
required may be provided as tandem parking.
2/unit
NONRESIDENTIAL USES
Alcoholic Beverage Sales BCP BCP BCP BCP BCP Permitted in Storefront 1 and Storefront 2
Frontages only.
N/A
Animal Boarding FLD FLD FLD FLD FLD 1. The use of the parcel does not involve
animal confi nement facilities that are open to
the outside.
2. Animals may have supervised outdoor
exercise but only between 7:00 a.m.—
9:00 p.m. In no case shall animals be left
unsupervised while outdoors.
N/A
Assisted Living Facilities X BCP BCP X BCP None N/A
Bars BCP BCP BCP BCP BCP If the parcel proposed for development is
abutting Street Types E or F, the following
shall apply:
1. A landscaped wall or fence that is a
minimum of six feet in height shall be
constructed along property lines abutting
those parcels with a Street Type of E or F.
2. No outdoor amplifi ed music allowed after
11:00 pm Sunday through Thursday or 12:00
midnight Friday and Saturday.
N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
43
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Brewpubs BCP BCP BCP BCP BCP If the parcel proposed for development is
abutting Street Types E or F, the following
shall apply:
1. A landscaped wall or fence that is a
minimum of six feet in height shall be
constructed along property lines abutting
those parcels with a Street Type of E or F.
2. No outdoor amplifi ed music allowed after
11:00 pm Sunday through Thursday or 12:00
midnight Friday and Saturday.
N/A
Community Gardens BCP BCP BCP BCP BCP None N/A
Congregate Care X BCP BCP X BCP None N/A
Convention Center FLS X X X X None N/A
Educational Facilities FLS FLS FLS FLS FLS None 4/1,000 SF
GFA, or as
determined by
the Community
Development
Coordinator
based on a
parking study
Governmental Uses FLS FLS FLS FLS FLS None N/A
Indoor Recreation/
Entertainment
BCP BCP BCP BCP BCP None N/A
Light Assembly BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 44
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Marinas & Marina Facilities FLD FLD X X X 1. High and dry and/or upland boat storage is
prohibited.
2. Must comply with Section 3-601.C.3 and
Section 3-603 of this Development Code
3. The parcel proposed for development
is not located in areas identifi ed in
the Comprehensive Plan as areas of
environmental signifi cance including
Clearwater Harbor grass beds or Clearwater
Harbor spoil islands.
4. No commercial activities other than the
mooring of boats on a rental basis shall
be permitted on any parcel of land which
is contiguous to a parcel of land which is
designated as residential in the Zoning
Atlas, unless the marina facilities are totally
screened from view from the contiguous
land which is designated as residential and
the hours of operation of the commercial
activities are limited to the time period
between sunrise and sunset.
1 per 2 slips
Medical Clinic BCP BCP BCP BCP BCP None N/A
Microbreweries FLS FLS FLS FLS FLS See footnote 2.N/A
Museums BCP BCP BCP BCP BCP None N/A
Nightclubs BCP FLS FLS FLS FLS See footnote 2.N/A
Offi ces BCP BCP BCP BCP BCP None N/A
Open Space BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
45
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Overnight
Accommodations
(Bed & Breakfast)
X BCP BCP BCP X 1. The use is accessory to the use of the
principal building as a private residence.
2. An owner or manager shall reside on the
premises in the principal building.
3. Food service in conjunction with the
overnight accommodations shall be limited
to guests of the use, and shall include at a
minimum service of breakfast to guests.
4. Off -street parking is screened to a height of
four feet by a landscaped wall or fence so that
headlamps from automobiles in the off -street
parking area cannot project into adjacent
properties and streets.
5. Receptions or parties of any kind are
prohibited.
2/dwelling unit
plus 1/ overnight
accommodation
unit
Overnight
Accommodations (Hotel)
BCP BCP BCP BCP BCP None 0.75/unit
Parking Garages BCP BCP BCP BCP BCP None N/A
Parks & Recreation Facilities BCP BCP BCP BCP BCP None N/A
Places of Worship BCP BCP BCP BCP BCP None N/A
Public Facility FLD X X X X None N/A
Public Transportation
Facilities
FLS X X FLS X None N/A
Research & Technology BCP BCP BCP BCP BCP None N/A
Restaurants BCP BCP BCP BCP BCP Drive-through components are prohibited.N/A
Retail Plazas BCP BCP BCP BCP BCP See footnote 3.N/A
Retail Sales & Services BCP BCP BCP BCP BCP See footnote 3.N/A
Schools BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 46
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Self Storage Warehouses FLS X FLS FLS X 1. The use shall be secondary to and shall not
exceed 25 percent of the gross fl oor area of
another principal use.
2. Leasing offi ce and other non-storage
customer service areas shall be incorporated
into the building frontage along the primary
street.
3. Outdoor storage of any kind shall be
prohibited.
4. All loading areas, including bays and
loading zones used for the placement of
personal products onto, or removal from,
a transportation vehicle shall be provided
along the interior side or rear of the building.
N/A
Social & Community
Centers
X BCP BCP BCP BCP None N/A
Social/Public Service
Agencies
X X FLD X FLD 1. See footnote 1.
2. See footnote 2.
N/A
Telecommunication Towers BCP BCP BCP BCP BCP Shall meet requirements set forth in Section
3-2001.
N/A
TV/Radio Studios FLS FLS FLS FLS FLS See footnote 2.N/A
Utility/Infrastructure
Facilities
BCP BCP BCP BCP BCP None N/A
Vehicle Sales/Display,
Limited
BCP BCP BCP BCP BCP 1. The use shall be within an enclosed
structure and no outdoor display, storage,
and/or sales shall be permitted.
2. Vehicle service of any kind shall be
prohibited.
N/A
Veterinary Offi ces BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
47
Use Long Term Spaces
Attached Dwellings
(10 or more units)
1 per 4 dwelling units. Units with private garage or private storage space are
exempt.
Offi ces 2 min., or 1 per 10,000 SF GFA
Parking Garages 2 min., or 1 per 20 vehicle parking spaces, whichever is greater
Public Transportation Facilities 4 min., or 1 per 10,000 SF GFA
Table 2. Bicycle Parking
B) Bicycle Parking
Bicycle spaces shall be provided for new
development providing off-street parking as listed
in Table 2. Bicycle Parking and shall comply with the
bicycle parking standards in Section 3-1411 of this
Development Code. Buildings with less than 5,000
square feet of gross building area and residential
projects with fewer than 10 units are exempt from
this requirement.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 48
Division 4. Frontage Standards
SECTION C-403. KEY CORNER
REQUIREMENTS
For locations identified as Key Corners on Figure
2. Regulating Plan – Street Types and Key Corners,
ground floor building space within 100 feet of the
corner and to a depth of 20 feet minimum from
the front facade (as measured along front property
lines) shall be occupied only by active uses including
retail sales and services, restaurants, bars, brewpubs,
microbreweries, nightclubs, and/or lobbies to upper
story building space. For buildings occupied only
by residential uses, ground floor amenity areas such
as offices, lobbies, or fitness centers shall count
toward meeting this requirement only if the ground
floor facade meets the requirements applicable to
Storefront 1 or Storefront 2 frontages. Ground floor
building space designed for open air dining or cafe
use may count towards this requirement. Flexibility
in meeting facade transparency requirements in
these locations shall not be permitted. Key corner
requirements shall not apply to publicly owned park
and plaza space.
SECTION C-401. RELATIONSHIP
BETWEEN STREET TYPES AND
FRONTAGE STANDARDS
Table 3. Frontages and Street Types shows which
development standards in this division apply by the
street types shown in Figure 2. Regulating Plan –
Street Types and Key Corners.
SECTION C-402. PROPERTIES WITH
MULTIPLE STREET FRONTAGES
A) Defi nition of Primary and Secondary Street
Frontages
For project sites with multiple street frontages,
including corner sites, a primary street frontage
shall be defined. The primary street frontage shall
be defined as the street frontage with the highest
level of designated street type or the highest level of
existing and planned pedestrian activity as defined
in the Clearwater Downtown Redevelopment Plan.
B) Defi nition of Frontages for Corner Sites
For corner sites where the street type is the same
on two frontages, the primary street frontage shall
be defined as the frontage to which the majority
of buildings on adjacent sites are oriented and
addressed. In locations where the orientation of
buildings on adjacent sites is unclear, the primary
street frontage shall be defined as the frontage on
which the building is addressed. As provided in
Division 8. Flexibility, a limited amount of flexibility
in meeting requirements for frontages defined as
secondary street frontages may be approved.
C) Application of Setbacks on Through Lots
For project sites with frontage on two parallel
streets, one of which is a Service Street Type, the side
setbacks applicable to the primary street frontage
shall apply.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
49
Frontages General Character
Front
Setback Parking Location
Street Types
A B C D E F
Storefront 1 Traditional “Main Street” conditions with
continuous storefronts with high levels of
storefront transparency.
3’ max.Rear yard parking. No
parking along street
frontages.•••
Storefront 2 Traditional “Main Street” conditions with moderate
levels of storefront transparency and allowance
for side yard parking.
3’ max.Rear yard and limited
side parking permitted.•
Workshop/ Flex Flexible frontages with modest setbacks,
discontinuous frontage and moderate
transparency.
5’ min. -
10’ max.
Rear yard and limited
side parking permitted.•
Urban Residential 1 Urban townhouse and apartments with individual
entires and front stoops.
3’ min. -
5’ max.
Rear yard parking. No
parking along street
frontages.••
Urban Residential 2 Urban townhouse and apartments with modest
landscaped setbacks and allowance for front
porches and shared entries
8’ min. -
15’ max.
Rear yard parking. No
parking along street
frontages.•
Neighborhood Infi ll Single family houses, duplexes, townhouses,
and small apartments with modest landscaped
setbacks.
8’ min. -
15’ max.
Parking behind units
accessed from side
streets or shared drives.•
Neighborhood
Conservation
Single family houses and duplexes with traditional
front yards.
20’ min.Parking behind front
facades accessed from
private driveways.•
Table 3. Frontages and Street Types
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 50
A) General
The Storefront 1 Frontage Standards are intended for
application along Street Types A, B, and C which are
identified as appropriate for high levels of existing
or planned pedestrian activity and active ground
floor uses. Development standards for this type of
frontage require front building facades and building
entries oriented to public sidewalks with traditional
storefront design treatments with large, transparent
display windows, building entries at sidewalk grade,
awnings or canopies, minimal front setbacks, and
parking to the rear of occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 10
and 11.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 0 feet minimum, 3 feet
maximum.
b. Side Setbacks (B): 0 feet maximum, or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
2. Front building setbacks on Fort Harrison Avenue,
Cleveland Street, and Osceola Avenue shall be
increased to the extent required to allow for the
creation of sidewalks widths consistent with the
Master Streetscape Plan within the Clearwater
Downtown Redevelopment Plan.
3. To promote continuity of frontages along front
setbacks, the space between buildings on the same
or adjacent sites shall be 20 feet maximum and may
be occupied by a mid-block pedestrian passageway
open for public use during regular business hours.
Where such space is provided with no pedestrian
passageway, a 6-foot minimum, 8-foot maximum
high brick or other masonry wall, wall with masonry
columns linked by substantial grill work, or wall
designed to match the architectural design of the
building shall be constructed in line with the front
building facade.
SECTION C-404. STOREFRONT 1 FRONTAGE
Figure 9. Storefront 1 Example
B
B
D
Building
C
Rear
Parking
AA
E
F
Building
Rear
Parking
Figure 10. Storefront 1 Building Placement
Figure 11. Storefront 1 Parking & Projections
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
51
C) Front Setback Improvements
Where front setbacks are provided, the area within
the setback shall be improved as a hardscape
extension of the public streetscape with no change
in elevation from adjacent sidewalks, no landscape
areas, and no permanent physical obstructions such
as a curbing, railing, or fencing. Movable furnishings,
including tables, seats, and landscape planters, are
permitted.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. A minimum 60 percent of the area of the
ground floor facade between 2 and 10 feet
in height above adjacent ground level shall
consist of storefront windows and doors with
transparent glazing with no more than 10
percent daylight reduction (tinting) and no
reflective or mirrored coating or treatment.
Transom windows are encouraged above
storefront display windows. Residential
window types, with closely spaced mullions
and recessed punched windows, are not
allowed for storefront frontages. The bottom
of storefront windows shall be no more than 2
feet above the adjacent ground level.
c. Primary entries to individual ground floor
tenant spaces and entries to shared lobbies for
upper story spaces shall be located along the
front facade and may be recessed 18 inches
maximum.
d. Thresholds at front building entries and the
ground floor finished floor elevation shall
match the elevation of the abutting public
sidewalk or publicly accessible plaza.
e. The ground floor floor-to-structural-ceiling
height shall be 14 feet minimum and ground
floor building space shall be designed to
meet Florida Building Code requirements for
commercial uses.
3. Awnings, canopies, or other forms of weather
protection shall be required along at least 80 percent
of the front facade and shall meet the standards in
Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet the standards
in Appendix C, Division 5.
2. Parking shall be located to the rear of the property
away from the primary street frontage and corner
locations. Parking to the side of buildings is
prohibited.
3. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (F).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 52
A) General
The Storefront 2 Frontage Standards are intended for
application along Street Type C which is identified
as appropriate for moderate levels of existing or
planned pedestrian activity. Development standards
for this frontage require front building facades
and building entries oriented to public sidewalks
with traditional storefront design treatments with
large, transparent display windows, building entries
at sidewalk grade, awnings or canopies, minimal
front setbacks, and parking to the side and rear of
occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 13
and 14.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 0 feet minimum, 3 feet
maximum.
b. Side Setbacks (B): 0 feet maximum, or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
2. Front building setbacks on Fort Harrison Avenue,
Cleveland Street, and Osceola Avenue shall be
increased to the extent required to allow for the
creation of sidewalks widths consistent with the
Master Streetscape Plan within the Clearwater
Downtown Redevelopment Plan.
C) Front Setback Improvements
1. Where front setbacks are provided, the area
within the setback shall be improved primarily as a
hardscape extension of the public streetscape with
no change in elevation from adjacent sidewalks.
2. Landscape areas may account for 35 percent
maximum of the front setback area. Such
landscaping shall comply with landscape
requirements in Section 3-1202.
3. Low curbing may be used to define the edge
of landscape areas but no permanent physical
obstructions such as walls, railing, or fencing are
permitted.
SECTION C-405. STOREFRONT 2 FRONTAGE
Figure 12. Storefront 2 Example
D
B
C
Building
Rear
Parking
Limited
Side Parking
B
A
DD
Figure 13. Storefront 2 Building Placement
Figure 14. Storefront 2 Parking & Projections
G
F
Building
Rear
Parking
Limited
Side Parking
E
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
53
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. A minimum 50 percent of the area of the
ground floor facade between 2 and 10 feet
in height above adjacent ground level shall
consist of storefront windows and doors with
transparent glazing with no more than 10
percent daylight reduction (tinting) and no
reflective or mirrored coating or treatment.
Transom windows are encouraged above
storefront display windows. Residential
window types, with closely spaced mullions
and recessed punched windows, are not
allowed for storefront frontages. The bottom
of storefront windows shall be no more than 2
feet above the adjacent ground level.
c. Primary entries to individual ground floor
tenant spaces and entries to shared lobbies for
upper story spaces shall be located along the
front facade and may be recessed 18 inches
maximum.
d. Thresholds at front building entries and the
ground floor finished floor elevation shall
match the elevation of the abutting public
sidewalk or publicly accessible plaza.
e. The ground floor floor-to-structural-ceiling
height shall be 14 feet minimum and ground
floor building space shall be designed to
meet Florida Building Code requirements for
commercial uses.
3. Awnings, canopies, or other forms of weather
protection shall be required along at least 80 percent
of the front facade and shall meet the standards in
Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Appendix C, Division 5.
2. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
3. Surface parking located to the side of buildings
along streets shall be no greater than 1 bay in width
or 60 feet maximum as measured along the street
frontage and shall be set back 5 feet behind front
building facades and screened from public sidewalks
by a opaque hedge or wall 24 to 36 inches in height
(F).
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (G).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 54
A) General
The Workshop/Flex Frontage Standards are
intended for application along Street Type D which
is identified as appropriate for a mix of land uses
and building types. Development standards for this
frontage require front building facades and building
entries oriented to public sidewalks with modest
front setbacks and facade transparency, and parking
to the rear or side of occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 16
and 17.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 5 feet minimum, 10 feet
maximum.
b. Side Setbacks (B): 10 feet minimum.
c. Rear Setbacks (C): 10 feet minimum.
C) Front Setback Improvements
1. The front setback area shall be improved as a
landscape area with walkway connections between
sidewalks and front building entries. Low curbing
may be used to define the edge of landscape areas
but no permanent physical obstructions such as
walls, railings, or fencing are permitted between the
street and front building facade.
2. Landscaping in the front setback area shall
comply with landscape requirements in Section
3-1202.
3. Hardscape areas improved as open air patio or
café space may account for 50 percent maximum of
the front setback area. Such areas may be defined by
railings or low walls 36 inches maximum in height.
SECTION C-406. WORKSHOP/FLEX FRONTAGE
Figure 15. Workshop/Flex Example
B
C
Building
Rear
Parking
B
D
A
Limited
Side ParkingD
Figure 16. Workshop/Flex Building Placement
Figure 17. Workshop/Flex Parking & Projections
Building
Rear
Parking
Limited
Side Parking
F
E
G
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
55
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall be
designed to meet the following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. A minimum 40 percent of the area of the
ground floor facade between 2 and 10 feet
in height above adjacent ground level shall
consist of windows and doors with transparent
glazing with no more than 10 percent daylight
reduction (tinting) and no reflective or
mirrored coating or treatment.
c. Primary entries to individual ground floor
tenant spaces and entries to shared lobbies for
upper story spaces shall be located along the
front facade and may be recessed 18 inches
maximum.
d. Thresholds at front building entries and the
ground floor finished floor elevation may be
elevated 18 inches maximum above the grade
of the abutting public sidewalk or publicly
accessible plaza.
e. The ground floor floor-to-structural-ceiling
height shall be 14 feet minimum and ground
floor building space shall be designed to
meet Florida Building Code requirements for
commercial uses.
3. Awnings, canopies, or other forms of weather
protection shall be required at building entries and
shall meet the standards in Appendix C, Division 6
(E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Appendix C, Division 5.
2. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
3. Surface parking located to the side of buildings
along streets shall be no greater than 2 bays in width
or 120 feet maximum as measured along the street
frontage and shall be set back 5 feet behind front
building facades and screened from public sidewalks
by a opaque hedge or wall 24 to 36 inches in height.
(F).
4. Surface parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (G).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 56
A) General
The Urban Residential 1 Frontage Standards are
intended for application along Street Types B and
C which are identified as appropriate for high
levels of existing or planned pedestrian activity.
Development standards for this frontage require
buildings oriented to public sidewalks with
residential ground floor uses with minimal front
setbacks, ground floors elevated above adjacent
sidewalk grade, and parking to the rear of occupied
building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 19
and 20.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 3 feet minimum, 5 feet
maximum.
b. Side Setbacks (B): 0 feet maximum, or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
2. Front building setbacks on Fort Harrison Avenue,
Cleveland Street, and Osceola Avenue shall be
increased to the extent required to allow for the
creation of sidewalks widths consistent with the
Master Streetscape Plan within the Clearwater
Downtown Redevelopment Plan.
3. To promote continuity of frontages along front
setbacks, the space between buildings on the same
or adjacent sites shall be 20 feet maximum and may
be occupied by a mid-block pedestrian passageway
open for tenant use. Where such space is provided
with no pedestrian passageway, a 6-foot minimum,
or 8-foot maximum high brick or other masonry wall,
wall with masonry columns linked by substantial grill
work, or wall designed to match the architectural
design of the building shall be constructed in line
with the front building facade.
SECTION C-407. URBAN RESIDENTIAL 1 FRONTAGE
Figure 18. Urban Residential 1 Example
B
Building
C
Rear
Parking
D
B
AAA
Figure 19. Urban Residential 1 Building Placement
Figure 20. Urban Residential 1 Parking & Projections
E
Building
Rear
Parking
F
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
57
C) Front Setback Improvements
1. The front setback area shall be improved with
landscape areas and walkways providing access to
common building entries and to porches or stoops
at entries to ground floor units. Walkways to building
entries shall generally match sidewalk grade.
2. Landscaping in the front setback area shall
comply with landscape requirements in Section
3-1202.
3. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are
prohibited within front setbacks.
4. Fenced, walled, or otherwise enclosed patios
or other forms of enclosed outdoor space are
not permitted for ground floor units along street
frontage.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. The finished floor elevation of ground floor
residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches
maximum above the grade of adjacent
sidewalks.
c. Primary entries to individual ground floor units
and shared lobby space providing access to
upper story units shall be located along the
front facade and be visible from streets and
sidewalks.
3. Stoops shall be provided at entries to individual
ground floor units and be designed to meet the
following standards (E):
a. Stoops may project 5 feet maximum from front
building facades into setbacks.
b. Stoops shall include stairs and landings
providing access to unit entries with low walls
or railings on stairs and landings as required by
Florida Building Code.
c. No more than two front stoops serving
adjacent units shall be connected.
d. Landscape areas between stoops may
be defined by curbing or low walls. Such
landscaping shall comply with landscape
requirements in Section 3-1202.
4. Canopies or other forms of weather protection
shall be provided at front building entries to shared
ground floor lobby space and shall meet the
standards in Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Appendix C, Division 5.
2. Parking shall be located to the rear of the property
away from the primary street frontage and corner
locations. Parking to the side of buildings is
prohibited.
3. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (F).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 58
A) General
The Urban Residential 2 Frontage Standards are
intended for application along Street Type D which
is identified as appropriate for a mix of land uses
and building types. Development standards for
this frontage require buildings oriented to public
sidewalks with residential ground floor uses with
modest front setbacks, ground floors elevated above
adjacent sidewalk grade, and parking to the rear of
occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 22
and 23.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 8 feet minimum, 15 feet
maximum.
b. Side Setbacks (B): 5 feet minimum or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
C) Front Setback Improvements
1. The front setback area shall be improved with
landscape areas and walkways providing access to
common building entries and to porches or stoops
at entries to ground floor units. Walkways to building
entries shall generally match sidewalk grade.
2. Landscaping in the front setback area shall
comply with landscape requirements in Section
3-1202.
3. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are
prohibited within front setbacks.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
SECTION C-408. URBAN RESIDENTIAL 2 FRONTAGE
Figure 21. Urban Residential 2 Example
B
C
Building
Rear
Parking
B
D
AAA
Figure 22. Urban Residential 2 Building Placement
Figure 23. Urban Residential 2 Parking & Projections
Building
Rear
Parking
E
F
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
59
b. The finished floor elevation of ground floor
residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches
maximum above the grade of adjacent
sidewalks.
c. Primary entries to individual ground floor units,
where provided, and shared lobby space shall
be located along the front facade and be visible
from streets and sidewalks.
3. Where primary entries to individual ground
floor units are located along the front facade, front
porches or stoops shall be provided at entries and
designed to meet the following standards (E):
a. Porches and stoops may project 4 feet
minimum, 8 feet maximum from front building
facades into setbacks but shall be located no
closer than 2 feet from public sidewalks.
b. No more than two front porches or stoops
serving adjacent units shall be connected.
c. Landscape areas at least 8 feet in width as
measured along the front building facade shall
be provided between individual or connected
porches or stoops.
4. Canopies or other forms of weather protection
shall be provided at front building entries to shared
ground floor lobby space and shall meet the
standards in Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Division 5.
2. Parking shall be located to the rear of the property
away from the primary street frontage and corner
locations. Parking to the side of buildings is
prohibited.
3. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (F).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 60
A) General
The Neighborhood Infill Frontage Standards are
intended for application along Street Type E which is
identified as appropriate for residential development
and redevelopment. Development standards
for this frontage require attached and detached
dwellings oriented to public sidewalks with modest
landscaped front setbacks and parking to the rear of
occupied building space with parking to the rear of
occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 25
and 26.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 8 feet minimum, 15 feet
maximum.
b. Side Setbacks (B): 5 feet minimum or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
C) Front Setback Improvements
1. The front setback area shall be improved with
landscape areas and walkways providing access to
common building entries and to porches or stoops
at entries to ground floor units. Walkways to building
entries shall generally match sidewalk grade.
2. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are not
permitted within front setbacks.
3. Fenced, walled, or otherwise enclosed patios or
other forms of outdoor space are not permitted for
ground floor units along street frontage.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
Figure 24. Neighborhood Infi ll Example
B
B
CA
Building
CA
D
Rear
Parking
SECTION C-409. NEIGHBORHOOD INFILL FRONTAGE
Figure 25. Neighborhood Infi ll Building Placement
Figure 24. Neighborhood Infi ll Parking & Projections
Building
E
Rear
Parking
Rear
Parking
F
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
61
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. The finished floor elevation of ground floor
residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches
maximum above the grade of adjacent
sidewalks.
c. Primary entries to ground floor units and
shared lobby space shall be located along the
front facade and be visible from streets and
sidewalks.
3. Front porches or stoops shall be provided at
entries to individual ground floor units and be
designed to meet the following standards (E):
a. Porches may project 6 feet minimum, 10 feet
maximum from front building facades into
setbacks. Stoops may project 4 feet minimum,
6 feet maximum from front building facades
into setbacks. Neither shall be located closer
than 2 feet from front property line.
b. For buildings at corner locations, porches shall
be oriented to the primary street frontage
and wrap around from to the facade along
the secondary street frontage and extend 6
feet minimum along the facade facing the
secondary street frontage.
c. No more than two front porches or stoops
serving adjacent units shall be connected.
d. Landscape areas shall be provided between
individual or connected porches or stoops and
shall be at least 8 feet in length as measured
along the front building facade.
4. Canopies or other forms of weather protection
shall be provided at front building entries to
shared ground floor lobby space and shall meet
the standards in Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet the standards
in Appendix C, Division 5.
2. Surface parking shall be located to the rear of
buildings away from the primary street frontage and
corner locations.
3. Parking to the side of buildings behind front
building facades is permitted only for single family
detached dwellings and duplex building types. Such
parking shall be in single width private driveways
perpendicular to the right-of-way and may be
located in front and side setbacks but may be no
closer than 2 feet from side lot lines.
4. Surface parking lots serving multiple dwelling
units shall comply with side and rear building
setbacks. Side and/or rear setbacks shall not apply
between surface parking lots on abutting properties
which provide for shared access and use.
5. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
6. Parking and vehicular circulation areas
incorporated in the ground floor of a building
or parking garage shall be located behind fully-
enclosed, occupied building space along street
frontages with a depth of 20 feet minimum (F).
7. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 62
A) General
The Neighborhood Conservation Frontage Standards
are intended for application along Street Type F
which is identified as appropriate for residential
development and redevelopment. Development
standards for this frontage require detached
dwellings and attached dwellings (two units
maximum, may include detached dwelling with one
carriage house), as described in Table 4. Attached
Dwelling Types General. oriented to public sidewalks
with front lawns and parking to the rear of occupied
building space with allowance for limited parking in
private driveways to the side of houses.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 28
and 29.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 20 feet minimum.
b. Side Setbacks (B): 5 feet minimum.
c. Rear Setbacks (C): 10 feet minimum.
2. Front setbacks shall be no greater than the
average setback for buildings along the same block
frontage.
C) Front Setback Improvements
1. The front setback area shall be improved with
lawn and landscape areas.
2. Walkways may be provided to connect public
sidewalks with porches or stoops at entries to
ground floor units. Walkways to building entries shall
generally match sidewalk grade.
3. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are not
permitted within front setbacks except that picket
fences no higher than 36 inches in height may be
permitted to define the front yards of individual
units.
4. Fenced, walled, or otherwise enclosed patios
or other forms of enclosed outdoor space are not
permitted in front setbacks.
SECTION C-410. NEIGHBORHOOD CONSERVATION FRONTAGE
Figure 27. Neighborhood Conservation Example
C
C
C
A
A
A
Attached Dwellings
Detatched Dwelling
D
B
B
B
D
B
Figure 28. Neighborhood Conservation Building
Placement
Figure 24. Neighborhood Conservation Parking &
Projections
G
E
E
E
F
F
F
Rear
Parking
Rear
Parking
G
G
Driveway Parking
Driveway Parking
Driveway Parking
Attached Dwellings
Detatched Dwelling
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
63
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. Primary entries to ground floor units shall be
located along the front facade and be visible
from streets and sidewalks.
3. Front porches or stoops shall be provided at
entries to individual units and be designed to meet
the following standards (E):
a. Porches may project 6 feet minimum, 10 feet
maximum from front building facades into
setbacks. Stoops may project 4 feet minimum,
6 feet maximum from front building facades
into setbacks.
b. For buildings at corner locations, porches shall
be oriented to the primary street frontage
and wrap around from to the facade along
the secondary street frontage and extend 6
feet minimum along the facade facing the
secondary street frontage.
c. No more than two front porches or stoops
serving attached units shall be connected.
d. Landscape areas shall be provided between
individual or connected porches or stoops and
shall be at least 8 feet in length as measured
along the front building facade.
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards the
in Appendix C, Division 5.
2. Surface parking lots shall be located to the rear of
buildings away from the primary street frontage and
corner locations.
3. Parking is permitted in single width private
driveways. Such driveways shall meet the side
setback requirement and be located to the side of
buildings (F).
4. Parking incorporated in enclosed garages or the
ground floor of a detached or attached dwelling shall
be set back 5 feet minimum from the front building
facade (G).
5. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 64
SECTION C-411. FRONTAGE ALONG
SERVICE STREETS
A) Building Setbacks
Buildings with frontage along streets designated as
Service Streets on Figure 2. Regulating Plans - Street
Types and Key Corners, shall be placed consistent
with the following building setbacks from property
lines:
1. Front Setbacks: 5 feet minimum.
2. Side Setbacks: 10 feet minimum.
3. Rear Setbacks: 10 feet minimum.
B) Front Setback Improvements
The front setback area shall be improved with
landscaping and fencing to buffer parking lot or
parking structures and service areas. Such buffers
and fencing shall comply with standards in Appendix
C, Division 5.
C) Parking & Vehicular Circulation
Parking, vehicular circulation, and other vehicular
use areas are permitted along the frontage and
shall be located and designed to meet standards in
Appendix C, Division 5.
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DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
65
Division 5. Site Design Standards
SECTION C-501. GENERAL
Projects within the Downtown District shall be
designed to advance goals for the creation of
active, attractive, safe, and comfortable streets,
streetscapes, and public spaces in Downtown
Clearwater. Projects shall be designed to contribute
to and create a walkable urban environment with
generally consistent setbacks along street frontages,
active ground floor uses, front building entries,
and attractive storefronts. Vehicular parking and
service areas shall be located primarily to the rear of
buildings and appropriately screened to minimize
the visual impact on streets, streetscapes, and public
spaces. The existing street grid shall be retained
and expanded where possible, curb cuts shall be
minimized, and streetscapes shall be improved
to provide for a safe and convenient pedestrian
network.
SECTION C-502. DEVELOPMENT
PATTERN
A) Existing Street Preservation
The existing street network shall be maintained. The
vacation of existing public streets and alleys shall
be discouraged unless new public streets and alleys
are constructed to replace and serve the function of
those vacated.
B) Development Blocks & Lots
1. Projects shall be configured with development
blocks scaled to accommodate buildings, public
spaces, and mid-block off-street parking and service
areas.
2. Block dimensions shall generally be as follows but
may be adjusted to account for irregularly shaped
parcels, utilities and utility easements, stormwater
conveyance systems, and other features.
a. Minimum block length: 200 feet
b. Maximum block length: 600 feet
3. Lots shall maintain a consistent size, scale, pattern
and rhythm of the surrounding block(s).
C) New Private Drives
Projects on sites of 5 acres or more shall be
developed with new private drives designed
consistent with the following standards:
1. New private drives shall be configured to
create interconnected networks of drives defining
development blocks as described in Appendix C,
Section C-502.B and serve as secondary vehicular
travel ways for vehicles and pedestrians.
2. New private drives shall be designed as two-
way drives designed with a minimum 6-foot wide
landscape strip with shade trees between curbs and
sidewalks, and a continuous pedestrian zone with a
6-foot minimum wide unobstructed sidewalk. These
drives may include parallel parking, landscaped
medians, bike lanes, and other features.
3. New private drives shall be configured to align
with existing or planned streets or drives on adjacent
sites to create an interconnected network. Stub outs
shall be provided to allow future connections to
adjacent sites.
D) New Private Service Drives
To access parking and service areas located
behind buildings where access by public alley is
not available, new private services drives shall be
constructed and designed consistent with the
following standards:
1. New service drives shall be designed for one- or
two-way travel.
2. In locations where new service drives provide
access to multiple lots and where rear lot solid waste
collection is planned, new service drives shall be
designed to accommodate through block travel with
no dead end or cul-de-sac.
3. For residential projects, new service drives shall
be designed with sufficient space to allow for vehicle
turning movements to access enclosed parking.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 66
SECTION C-503. ACCESS & CIRCULATION
A) Site Access
1. All vehicular access shall occur from the rear of
the property via a public alley (either existing or
constructed as part of a development proposal),
private service drive, or via a cross access easement
from an adjacent property. Should none of these
options be available or are determined to be
infeasible by the City, vehicular access shall be
permitted from a secondary street frontage.
Vehicular access shall only be permitted from a
primary street frontage when none of the above
means of vehicular access is determined by the City
to be available.
2. Existing curb cuts shall be closed where possible
and/or consolidated to minimize impacts on
pedestrian circulation along public sidewalks.
3. Establishing joint/common access drives, where
such drives are permitted, is encouraged to minimize
curb cuts and impacts on pedestrian circulation
along public sidewalks.
B) Streetscape Improvements
Improvements to streetscapes within rights-of-
way along lot frontages, including reconstruction
shall be required pursuant Section 3-1701. To the
extent possible given right-of-way limits and utility
conflicts, and with approval of the FDOT, Pinellas
County, and/or the City, reconstruction shall follow
the standards for streetscapes found in the Master
Streetscape Plan within the Clearwater Downtown
Redevelopment Plan.
C) Pedestrian Circulation & Access
1. Pedestrian walkways shall be provided to access
parking lots and parking structures behind or to the
side of buildings, connect destinations on adjacent
properties, connect front building entries to adjacent
sidewalks, and allow pedestrian circulation through
parking lots to create a continuous pedestrian
network.
2. Pedestrian walkways shall be 6-foot wide
minimum and free of obstructions.
3. Pedestrian walkways that cross a parking area or
other vehicular use areas shall be clearly marked with
striping, contrasting paving materials (e.g., light-
color concrete inlay between asphalt), textured or
raised pavement, or other appropriate treatment as
approved by City staff.
4. Where specialty paving, such as pavers, decorative
concrete, or other materials, is used for public
sidewalks or other pedestrian walkways, the
specialty paving shall continue across parking access
drive aisles.
5. Pedestrian walkways provided between buildings
shall be designed to meet the following standards.
a. Where blocks are longer than 600 feet, one
mid-block pedestrian walkway open to the
public during regular building hours shall be
provided.
b. Pedestrian walkways between buildings shall
be at least 15-foot wide and 20-foot wide on
average.
c. Pedestrian scale lighting shall be provided
along pedestrian facilities.
D) Cross Parcel Connections
To facilitate circulation and improve accessibility,
vehicle and pedestrian paths on adjacent sites
shall be interconnected. Parking lot drive aisles,
private drives, private service drives, and pedestrian
walkways shall be aligned and connected, and drive
aisle stub outs shall be constructed on properties
abutting undeveloped sites to allow for future
connections.
E) Connection to Trails
Pedestrian and bicycle connections to the Pinellas
Trail and/or Druid Trail, or future trails, bikeways, or
the like, that are visible from public rights-of-way
and/or building entrances shall be incorporated into
site plans where property is adjacent to the Trail(s).
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
67
SECTION C-504. PARKING & SERVICE
AREAS
A) Surface Parking
1. Surface parking and services areas shall be
designed to meet the landscaping standards set
forth in Article 3, Division 12 and the parking and
loading standards set forth in Article 3, Division 14.
2. Surface parking lots shall be screened from
abutting residential uses by fences or walls six feet in
height.
3. Interior islands of parking lots in new projects
shall be designed to utilize Low Impact Development
techniques such as bioretention swales and native
species. Where parking curbs and gutters are
provided, they shall have breaks to allow water to
enter the bioretention facilities within the parking
landscape islands. Parking lots with less than 20
spaces are exempt from interior island requirements
in Section 3-1202.E.2 of this Development Code.
B) Structured Parking
All structured parking, whether freestanding,
attached to a building, or integrated into a building
envelope, shall be designed to comply with
requirements for parking garages set forth in Article
3, Division 14, and design standards in Divisions 4
and 6 in these standards.
C) Service Areas
1. Service areas, including areas providing access
to loading docks and areas designated for the
placement of waste containers and recycling
equipment, shall be located to the rear of buildings
in the most unobtrusive location possible and
screened from adjacent properties and rights-
of-way with architecturally finished walls and
gated enclosures designed consistent with and
complementary to the exterior facade of the
building.
2. Service areas, including areas providing access
to loading docks and areas designated for the
placement of waste containers and recycling
equipment, shall be accessed from secondary streets
and alleys.
SECTION C-505. GARAGES FOR
ATTACHED OR DETACHED DWELLINGS
Garages shall be located behind the principal
building and accessed from public alleys, private
drives, or private service drives. Where public alleys,
private drives, or private service drives are not
provided, single width private driveways no greater
than 10 feet in width maximum are permitted and
the following standards shall apply.
1. Attached, front facing garages serving detached
dwellings, where permitted, shall be set back
5 feet minimum from the front facade of the
building.
2. Detached garages shall be located behind the
principle building and accessed from a single
width private driveway.
3. Attached or detached garages on corner sites
shall be located to the rear of the property away
from the primary street frontage, oriented toward
a secondary street frontage, and accessed from a
single width private driveway.
SECTION C-506. LANDSCAPE & FENCING/
WALLS
A) Landscape Requirements in Article 3, Division 12
Landscape improvements shall meet the general
landscaping standards set forth in Article 3, Division
12 n addition to the frontage standards in Appendix
C, Division 4 and landscape and parking standards in
Appendix C, Division 5.
B) Fences & Walls
1. Fences and/or walls, where permitted along
side and/or rear property lines, shall be located
behind front building facades, and shall be painted,
architecturally finished and designed consistent with
and complementary to the exterior facade of the
building.
2. Chain link, razor wire, barbed wire, or other similar
fences are prohibited.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 68
C) Utility/Infrastructure Facilities
Utility/Infrastructure facilities other than
telecommunication towers and utility distribution
lines shall be screened from public view by
landscape screens or architecturally-finished walls
and enclosures.
SECTION C-507. STORMWATER
MANAGEMENT
Stormwater retention and detention areas are
not permitted in front setbacks unless located
underground in exfiltration trenches or open-
bottomed underground storage and retention
systems, or as part of a Low Impact Development
stormwater management system incorporating
features such as rain gardens and vegetative swales,
or pervious pavers or pavement for pedestrian use.
Traditional stormwater facilities such as dry and/or
wet retention/detention ponds are permitted to the
rear and side of buildings.
SECTION C-508. WATERFRONT
DEVELOPMENT
Waterfront development shall be located and
designed to meet all of the following standards.
A) Waterfront Setback
Waterfront development shall maintain waterfront
setback of 20 feet minimum from the sea wall,
property line, or mean high water line, whichever is
most interior to the property.
B) Parking
1. Residential uses along Clearwater Harbor shall
be designed with parking garages or with parking
areas internal to the site/building and screened from
Clearwater Harbor.
2. Perimeter screening shall not be required for
public parking located along waterfronts.
SECTION C-509. DRIVE-THROUGH
FACILITIES
Permitted ancillary drive-through facilities, including
all improvements associated with the drive-through
activity such as entry and exit drives, stacking
lanes, service windows, canopies, ATM kiosks, and
informational signage, shall be located and designed
to meet all of the following standards.
A) Location & Screening
Drive-through facilities shall be located to the rear
of the principal building, as illustrated in Figure 30.
Drive-Through Facilities.
B) Stacking Lanes
1. Stacking lanes shall be scaled to ensure queuing
vehicles do not block driveways, access to parking
areas, or pedestrian walkways.
2. Stacking lanes located along pedestrian walkways
shall be screened with landscaping and a wall 24 to
36 inches in height designed to complement the
exterior facade of the building.
C) Signage
Sufficient on-site signage and pavement markings
shall be provided to mark pedestrian walkways and
crossings, and to indicate direction of vehicular
travel and other conditions required to ensure safe
vehicular and pedestrian movement.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
69
Figure 30. Drive-Through Facilities Column intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 70
Division 6. Building Design Standards
SECTION C-601. GENERAL
To support the creation of more pedestrian- and
transit-accessible destinations, buildings shall be
oriented toward adjacent streets and designed to
contribute to the creation of attractive, accessible
destinations. Building facades along streets and
public spaces shall be designed with attractive
ground floor facades, well-defined building entries,
and shall use quality building materials.
SECTION C-602. FACADE TREATMENT &
DESIGN
A) Complementary Design
All buildings and structures in projects with
multiple buildings and structures, including parking
structures, shall have complementary architectural
details, materials, colors, and design treatments. For
the purpose of this section, buildings and structures
shall include primary buildings, accessory structures,
parking structures, open air enclosures, fences and
walls, and other vertical improvements. The intent of
this provision is not to require a single design theme
or motif for projects with multiple buildings and/
or multiple tenants but to ensure a consistent level
of quality in the design and detailing of buildings,
parking structures, and other vertical improvements.
B) Facade Articulation
1. Buildings shall be designed with clearly
articulated bases to define the extent of the public
realm, provide spatial enclosure, and mediate
differences in scale between adjacent buildings.
Building bases shall constitute the facades of the
first one or two stories of the building. Distinctions
between building bases and upper story facades
shall be established through the use of changes
in material and color, the use of minor step backs
for upper story facades, and architectural molding,
cornice lines, or other modest projections.
2. To break up building facades along street
frontages, facades shall be divided vertically into
bays, as illustrated in Figure 31. Facade Bays &
Articulation. Facade bay widths shall range between
20 to 35 feet establishing a rhythm of vertical
modules unified by a complementary rhythm of
windows and window groupings. Facade bays shall
be distinguished by varying fenestration patterns,
recessing wall planes, varying building materials, or
establishing a rhythm of architectural elements such
as pilasters or window bays.
Figure 31. Facade Bays & Articulation Figure 32. Corner Treatments
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
71
3. To avoid flat, continuous facades above the
ground floor on all building sides, the maximum
length of an upper floor facade section shall be
between 80 and 120 feet and the articulation
between upper floor facade sections shall be
accomplished by recessing the facade 2 feet
minimum for a distance of at least 10 feet as
illustrated in Figure 31. Facade Bays & Articulation.
4. Vertical or horizontal changes in the plane of a
building facade for step backs, facade articulation,
or other purposes shall be differentiated by
architectural features including but not limited
to coping, balustrades, cornice lines, change in
materials, or changes in color.
5. Blank sections of ground floor building facades
fronting streets, public spaces, and surface parking
areas shall not exceed 20 feet in length. Elements
such as windows, doors, balconies, columns,
pilasters, changes in material, or other architectural
details that provide visual interest shall be
distributed across the facade in a manner consistent
with the overall design of the building.
C) Facade Materials
All building facades within view of a public street,
pedestrian walkway, waterfront, or other public
space, including side and rear facades, shall be
constructed of high quality materials such as
brick, stone, architectural block, concrete with an
architectural finish, and traditional cementitious
stucco. Side and rear facades shall use materials and
design features similar to or complementary to those
of the front facade. The use of metal facades shall not
be permitted.
D) Prohibited Glass Treatments on Ground Floors
The use of reflective, translucent, fritted, and other
forms of non-transparent glass in wall and window
systems on ground floor facades is prohibited.
E) Corner Facades
1. To create a seamless transition between the
facades of a building at a street corner, both
street-facing facades shall be designed with equal
architectural quality and detail as illustrated in
Figure 32. Corner Treatments.
2. Facade materials, window and wall treatments,
and design elements such as signs and awnings
shall be included on both sides of the building
facade. Additional corner emphasis with chamfered
or rounded facades, corner entries accentuated
through changes in design treatments, materials,
canopy projections, roof or parapet forms, or
through other architectural methods is required.
F) Parking Structures Design
1. Parking structures shall be designed with
architecturally-finished facades that complement
the details, materials, colors, and design treatments
of buildings in the project to contribute positively to
the overall character of a project.
2. The ground level facades of parking structures
along Service Street Types, public alleys, private
drives, private service drives, and pedestrian
walkways shall be designed with architectural
screening of openings, trellis or canopy projections,
or other architectural treatments to create safe,
comfortable, and quality pedestrian environments.
G) Security & Hurricane Protection
1. Security bars are prohibited on windows or doors
visible from public streets, public sidewalks, or public
spaces.
2. Hurricane shutters, if provided, shall be fitted as
an integral part of the storefront design, not visible
when not in use, and only be used during the time
frame in which a formally issued hurricane warning is
in effect.
H) Facade Lighting
Light Emitting Diode (LED) rope/ribbon lighting,
neon lighting, or other types of lighting used to
outline windows, signs, or other architectural
features shall be prohibited.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 72
SECTION C-603.AWNINGS, CANOPIES, &
BALCONIES
1. Ground floor awnings, canopies, and other forms
of shading devices or structures, where provided,
shall comply with the following standards.
a. Such devices and structures shall project 5 feet
minimum, 10 feet maximum from the front
facade with the exception that in no case shall
such projection be closer than five feet from
the curbline.
b. Such devices and structures shall be permitted
into required setbacks and over street rights-
of-way provided a clearance of eight feet over
grade is maintained.
c. Such devices and structures with supports may
be located up to the property line.
d. Such devices and structures that project
into rights-of-way shall be cantilevered or
suspended from the building facade.
2. Awnings, canopies, or other forms of shading
devices or structures are permitted on upper stories
and shall not extend further than 36 inches from the
facade.
3. Awnings, canopies, or other forms of shading
devices or structures shall not be backlit or
constructed of high-gloss material or fabric which
appears to be plastic, or be clad with barrel tiles,
asphalt shingles, or other standard roofing materials.
4. Balconies or other projections may encroach into
front setbacks. Awnings or canopies provided for
balconies shall not extend forward of the balcony.
SECTION C-604. ROOF DESIGN
Flat or pitched roofs are permitted for all building
types. Edges of pitched roofs shall be accentuated
with eaves and flat roofs shall have parapet walls,
decorative cornices, and/or other architectural
features. Mansard roof forms are prohibited.
SECTION C-605. BUILDING ENTRIES
A) Location
1. Building entries opening onto parking located to
the side or rear of buildings shall not be considered
primary building entries.
2. For sites with multiple frontages, the primary
building entry or entries shall be located along
the primary street frontage or at the corner of
the primary street frontage and secondary street
frontage.
B) Design Treatment
Primary building entries, including main entries
to individual tenant spaces and to lobbies used
to access upper story building space, shall
be distinguished by facade design, materials,
articulation, or other architectural treatments that
provide interest to the building facade and draw
attention to the entrance.
SECTION C-606. MECHANICAL
EQUIPMENT
Outdoor mechanical, electrical, and communication
equipment, including heating, air conditioning,
and ventilation equipment; venting and vent
terminations for commercial hoods; electric
meters; mechanical penthouses; electrical and
communication equipment, panels, and cabinets;
satellite dishes; and similar features shall be located
and designed to meet all of the following standards.
A) Equipment Placement
Outdoor mechanical, electrical, and communication
equipment, shall be placed on roofs or to the rear
or side of buildings and shall not be placed in front
setbacks.
B) Equipment Screening
Equipment shall be screened from public view
by landscape screens or architecturally-finished
walls and enclosures designed consistent with the
exterior facade of the building. Rooftop mechanical
and elevator penthouses shall be designed to
complement the design of street-facing building
facades and shall be clad on all sides in material used
on street-facing facades.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
73
SECTION C-607. ATTACHED DWELLING
TYPES
Table 4. Attached Dwelling Types General provides
an overview of several types of attached dwellings
which could be permitted in the Downtown District,
consistent with the applicable frontage standards
in Division 4. Attached dwellings may also be part
of mixed-use projects at various scales, where
residential uses are integrated vertically.
Column intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 74
Attached Dwelling Type Description Building Frontage
Duplex: A residential building with the design character of a
large single family home, but occupied by two households living
separately in attached units. Said units may be attached front-to-
back, side-to-side, or be stacked (up and downs).
Urban Residential 2
Neighborhood Infi ll
Neighborhood Conservation
Carriage House: An accessory dwelling unit to a primary dwelling
unit on the same site. A carriage house provides permanent
provisions for living, sleeping, eating, cooking and sanitation, and
can be on the ground fl oor or above a garage, but shall be attached
to the garage.
Neighborhood Infi ll
Neighborhood Conservation
Townhomes: Also called townhouses, a residential building
occupied by households living separately in three or more attached
units. Said units are attached side-by-side in a two to three story
confi guration.
Urban Residential 1
Urban Residential 2
Neighborhood Infi ll
Fourplex: A residential building occupied by four households in
four separate units with two on the ground fl oor and two above
while sharing a single entryway.
Urban Residential 2
Neighborhood Infi ll
Small Multiplex: A residential building typically occupied by fi ve
to ten households living separately in fi ve to ten attached units.
Units within a small multiplex may have a variety of confi gurations,
including side-by-side, front-to-back, and stacked.
Urban Residential 2
Neighborhood Infi ll
Table 4. Attached Dwelling Types General
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
75
Attached Dwelling Type Description Building Frontage
Large Multiplex: A residential building typically occupied by 11
to 20 households living separately in 11 to 20 attached units. Units
within a large multiplex may have a variety of confi gurations,
including side-by-side and stacked, typically with one shared entry.
Urban Residential 1
Urban Residential 2
Mid Rise: A residential building typically occupied by multiple
households living separately. Mid rise buildings typically are fi ve to
seven stories in height, and contain structured parking for residents
and guests.
Urban Residential 1
Urban Residential 2
High Rise: A residential building typically occupied by multiple
households living separately. High rise buildings are typically
greater than seven stories in height, and contain structured parking
for residents and guests.
Urban Residential 1
Urban Residential 2
Figure 4. Attached Dwelling Types General (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 76
Division 7. Sign Standards [Reserved]
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DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
77
Division 8. Flexibility
SECTION C-801. GENERAL
Flexibility in the application of development
standards in Appendix C, Divisions 3, 4, 5, and 6
may be approved by the Community Development
Coordinator or Community Development Board
as provided below. Where flexibility is allowed, the
level of flexibility permitted shall be the minimum
extent required to address flexibility standards and
requirements.
SECTION C-802. PROCESS
Authority to grant flexibility shall follow the approval
levels indicated by use in Table 1. Use & Off-Street
Parking and shall be administered consistent with
the development review procedures in Article
4 of this Development Code. The Community
Development Coordinator shall have authority
to grant flexibility for Level One approvals and
the Community Development Board shall have
authority to grant flexibility for Level Two approvals.
Where flexibility is being requested for a Level One
Minimum Standard Development use, the request
shall be processed as a Level One Flexible Standard
Development.
SECTION C-803. FLEXIBILITY
PROVISIONS
Flexibility may be approved subject to the standards
below.
A) Frontage Standards - Properties with Multiple
Street Frontages
Flexibility in the orientation of front building facades
for attached and detached dwellings may be
approved to allow for frontage orientation consistent
with typical frontage orientation on surrounding
blocks.
B) Frontage Standards - Building Setbacks
1. Front building setbacks greater than the
maximums allowed may be approved for projects
with a publicly-accessible outdoor open space or site
constraints such as shape irregularities and/or the
presence of natural features, existing utilities, utility
easements, or access easements making meeting
setback requirements impractical or infeasible.
2. Flexibility in the application of front setback
requirements may be approved to allow new
development setbacks compatible with the
traditional character of development on adjacent
sites and block frontages.
3. Flexibility in the application of front setback
requirements to provide 10-foot minimum sidewalk
widths may be approved to allow new development
setbacks compatible with the traditional character of
development on adjacent sites and block frontages.
4. Side and rear setbacks less than the minimum
allowed may be approved for projects to allow
for innovative site designs that advance the goals
and objectives for the Clearwater Downtown
Redevelopment Plan.
5. The maximum spacing between individual
buildings along Storefront 1 and Urban Residential
1 Street Frontages may be increased or waived
for projects with one or more of the following
characteristics.
a. The proposed site configuration is designed to
incorporate natural features such as a stand of
mature trees, body of water, wetland or other
similar feature.
b. Placement of existing buildings and/or site
access and circulation constraints make it
infeasible to meet the standard.
c. The placement of publicly-accessible outdoor
plaza spaces to the side of the building results
in increased spacing to accommodate the
plaza.
Where flexibility in the standard is allowed,
enhanced landscaping and the use of low walls
along street frontages to screen parking and define
the edge of pedestrian walkways shall be required.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 78
C) Frontage Standards - Fences & Walls Along
Street Frontages
Flexibility in the prohibition of fences and walls in
front of buildings along Street Types D, E, and F may
be approved where the placement of a fence or wall
in front of the building does not negatively affect
the project’s pedestrian orientation or is found to
be compatible with front setback conditions on
abutting and nearby properties. Where flexibility
is approved, fence or wall height shall be 6 feet
maximum, and any portion above three feet in
height shall be at least 50 percent open (i.e., picket
style).
D) Frontage Standards - Front Building Facades &
Entries
1. For buildings with multiple street frontages,
required glazing below 4 feet along secondary
street frontages may be exempt from the daylight
reduction (tinting) standard. No reflective or
mirrored coating or treatments are permitted. These
flexibility provisions are illustrated in Figure 33.
Frontage Design Flexibility.
2. Flexibility in locating building entries on
secondary street frontages may be approved as
long as facades on primary and secondary street
frontages are designed to meet applicable standards
and the primary building entry is located on the
primary street frontage or corner.
3. Flexibility in the application of finished floor
elevation standards for residential buildings may be
approved to accommodate projects on sloping sites
or projects with innovative building types.
E) Frontage Standards - Parking
1. Flexibility in the application of landscape and
wall requirements to screen surface parking, service
areas, and structured parking, may be approved
where alternative design treatments result in all of
the following.
a. The screening of vehicles from view along
public sidewalks.
b. The physical separation of pedestrian use and
vehicular use areas.
c. The creation of safe, comfortable, and quality
pedestrian environments along pedestrian
walkways and public sidewalks.
Figure 33. Frontage Design Flexibility
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
79
2. Flexibility to allow surface or ground floor parking
and other vehicular use areas, including vehicular
loading/unloading areas and passenger drop off
areas, may be approved along secondary street
frontages. If approved, such areas shall be located to
the rear of the property, set back from front building
corners 20 feet minimum, and include architectural
and landscape screening and other treatments that
contribute to the creation of safe and comfortable
pedestrian environments along pedestrian walkways
and public sidewalks. Curb cuts from secondary
street frontage to access such locations shall be
minimized.
3. Flexibility to allow single width private driveways
located in side setbacks no closer than 2 feet from
side lot lines may be approved along Street Type F
for projects where the adjacent property’s driveway
is not located within the side setback on the shared
property line for which the flexibility is required.
F) Frontage Standards - Attached & Detached
Dwellings
Flexibility in meeting frontage requirements
for attached or detached dwelling projects
may be approved if a project utilizes innovative
building types or styles such as bungalow court
configurations, carriage houses, or the like. Flexibility
shall only be approved along Street Types E and F.
G) Site Design Standards - Development Pattern
Flexibility in the application of requirements for
development blocks and lots, new private drives,
and new private service drives may be approved for
projects on sites where the applicant demonstrates
that site size, dimension, shape, or presence of
constraints such as natural areas, utilities or utility
easements, or other existing features make meeting
these requirements infeasible.
H) Building Design Standards - Facade Design &
Articulation
Flexibility in meeting the facade design and
articulation standards may be approved where the
alternative design treatment provides a varied and
interesting design and the alternative treatment
is integral to the building’s design and results in
facades of equal or better quality than the standards
would produce.
I) Building Design Standards - Glass Treatments
Flexibility in applying glass treatment standards may
be permitted for buildings that incorporate stained
or art glass as an integral part of the building design
and still provide for the minimum level of glazing as
required under Appendix C, Division 4.
J) General Flexibility Provisions
Flexibility in the application of development
standards for places of worship, certain indoor
recreation uses such as auditoria, museums,
and stadiums, and public utilities uses may be
approved. Buildings and improvements shall include
architectural and landscape screening and other
treatments that contribute to the creation of safe
and comfortable pedestrian environments along
pedestrian walkways and public sidewalks.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 80
Division 9. Administration
SECTION C-901. SITE PLAN APPROVALS
The final decision-making authority for site plans is
either the Community Development Coordinator for
Level One approvals or the Community Development
Board for Level Two approvals, as specified in
Article 4. The level of approval required varies by
use and character district as specified in Table 1.
Use & Off-Street Parking, which identifies whether
a use can be approved as a Building Construction
Permit (Level 1 Minimum Standard), or if Community
Development Coordinator (Level 1 Flexible Standard
Development) or Community Development Board
(Level 2 Flexible Development) approval is required.
Projects requesting flexibility in the application of
development standards shall follow the process
established in Appendix C, Section C-802.
SECTION C-902. AMENDING STREET
TYPES & KEY CORNERS
Changing a designated street type or key corner
designation requires an amendment to Figure 2.
Regulating Plan – Street Types and Key Corners,
which is a text amendment. Text amendments will
be processed in accordance with Section 4-601.
A request to amend a street type or key corner
designation must also include an application for
development approval.
SECTION C-903. REGULATING PLAN
ADJUSTMENTS
A) Minor Street Type Adjustments
The street type designation along front property
lines may be adjusted up to 100 feet administratively
by the Community Development Coordinator
provided that such adjustments do not negatively
affect the project’s pedestrian- and transit-
orientation.
B) Street Type on Existing or New Public Streets
Upon approval of a development project which
includes new public streets or existing public streets
where a street type was not previously depicted in
Figure 2. Regulating Plan – Street Types and Key
Corners, the Community Development Coordinator
will make an administrative adjustment to Figure 2.
Regulating Plan – Street Types and Key Corners to
reflect the approved street type(s).
Ordinance No. 9149-18 81
Section 9. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 10. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City’s Comprehensive Plan.
Section 11. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 12. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 13. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Michael P. Fuino Rosemarie Call
Assistant City Attorney City Clerk
Community Development Board – July 17, 2018
TA2018-03001 – Page 1
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: July 17, 2018
AGENDA ITEM: F.3.
CASE: TA2018-03001
ORDINANCE NO.: 9149-18
REQUEST: To establish a new Downtown District and Development Standards
(Appendix C), establishing development standards and a regulating
plan for properties within the Downtown Planning Area, and to
make other amendments associated with the new Downtown
District, and making a recommendation to the City Council.
INITIATED BY: City of Clearwater, Planning and Development Department
BACKGROUND:
The Clearwater Downtown Redevelopment Plan (Downtown Plan), as adopted on March 1,
2018, reaffirms the vision of Downtown as a thriving urban core and an attractive place to live,
work, shop and play. This vision, and the policies contained within, call for quality urban design,
a high quality public realm, and a dense and livable pattern of development. The updated
Downtown Plan incorporates pieces of the East Gateway Vision Plan (2012) and the North
Marina Area Master Plan (2016) within, as well as addresses recommendations in the Urban
Land Institute’s report (2014). Densities and intensities were generally increased throughout the
Downtown Plan area, and the Old Bay Character District’s northern boundary was expanded.
The Planning and Development Department has prepared a new Downtown zoning district to
ensure the vision is achieved.
The new Downtown District and Development Standards, proposed to be located in a new
Appendix C within the Community Development Code, is a form-based code which is defined
by the Form-Based Codes Institute as “a land development regulation that fosters predictable
built results and a high quality public realm by using physical form (rather than separation of
uses) as the organizing principle for the code.” The proposed form-based code establishes
development standards, which are based on the design guidelines established in the 2004
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TA2018-03001 – Page 2
Clearwater Downtown Redevelopment Plan and streamlines the development review process.
The proposed Downtown District establishes minimum standard uses (those approved through a
building permit) and eliminates parking requirements for all uses except for residential,
overnight accommodations, and educational facilities. These changes will help facilitate changes
of use without timely review processes. Based on experience from other communities, lack of
minimum parking requirements will not eliminate the supply of private parking in Downtown
but will allow the developer to determine onsite parking needs based on market demands instead
of regulatory controls.
Proposed Ordinance 9149-18 repeals and replaces the existing Downtown zoning district with
several new provisions. The following analysis explains the organization of the Downtown
District and Development Standards and the areas of regulatory control provided within each
Division and summarizes other amendments to the Community Development Code within
proposed Ordinance 9149-18.
ANALYSIS:
The proposed amendments to the Community Development Code are summarized below:
1. Downtown District [pages 2-21 and 27-80 of Ordinance]
Proposed Ordinance 9149-18 establishes the Downtown District and Development Standards
within a new Appendix C within the Community Development Code. Revisions to the
existing Downtown District in Article 2, Division 9 and to Article 3, Division 5 are necessary
to identify that the development standards in the new appendix will apply to properties within
Downtown. Chart 2-100 Permitted Uses is amended to reflect the addition of permitted uses
in the Downtown District.
Downtown District (“D”). An amended Article 2, Division 9 is proposed which includes an
intent and purpose statement for the new Downtown District, and updates references to the
consistent Countywide Plan Map category. Language is also proposed that will limit
residential density on those portions of property which are located within the Coastal Storm
Area (CSA) to the density in place prior to the most recently adopted Clearwater Downtown
Redevelopment Plan. Because the use table and other criteria typically located within Article
2 are proposed to be located within Appendix C, additional language is proposed to direct
users accordingly, and Sections 2-902, Flexible standard development, and 2-903, Flexible
development, are proposed to be removed.
Downtown Development Standards, Generally. An amended Section 3-502 is proposed
which establishes that such standards are located in Appendix C. This is consistent with the
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TA2018-03001 – Page 3
approach used for other areas of the City governed by separate standards, including the beach
and US 19.
Appendix C, Downtown District and Development Standards. A new Appendix C is proposed
which contains all development standards and the regulatory framework for the Downtown
District. Appendix C is organized into nine Divisions, as detailed below:
Division 1. General Provisions: In addition to also incorporating an intent and purpose
statement, Division 1 clarifies how the Development Standards are part of both Articles 2
and 3 of the Community Development Code, and establishes the organization of
standards into regulating plans, development standards, and flexibility provisions.
Exemptions to all or a portion of the development standards are proposed for: projects
involving only a change of use; the expansion of detached dwellings except for garages
which must comply with proposed Section C-505; building improvement or remodel
projects, including those that add up to 7.5 percent or 5,000 square feet of additional
gross floor area; and renovation of structures which have been designated historic.
Division 2. Regulating Plan: Properties within the Downtown District will be governed
by both Character District and Street Type. Division 2 recognizes the five Character
Districts (i.e., Downtown Core, Old Bay, South Gateway, Prospect Lake and Downtown
Gateway) which are depicted on Figure 1. Regulating Plan – Character Districts. This
Division also establishes seven Street Types (Street Types A through F and Service
Streets) in addition to identifying the location of key corners and service streets, which
are all depicted on Figure 2. Regulating Plan – Street Types and Key Corners. A view
corridor is also denoted on Figure 2 which aims to protect the view corridor from
Nicholson Street to the west, overlooking Clearwater Harbor, implementing Policy 13 of
the Old Bay Character District in the Clearwater Downtown Redevelopment Plan.
Division 3. Character District Standards: Certain development standards, including
development potential and maximum building height, are based on a property’s Character
District designation. These standards were established within the Clearwater Downtown
Redevelopment Plan, and the applicable maps are added within proposed Appendix C.
Additionally, permitted uses and approval levels are determined by Character District,
which are found in proposed Table 1. Use & Off-Street Parking. The majority of uses are
proposed as Level One approvals, either through building permit review (minimum
standard uses) or Community Development Coordinator approval (Flexible Standard
Development). Minimum parking requirements are proposed to be eliminated for most
non-residential uses, while attached dwelling uses and overnight accommodation (hotel)
uses have a reduced minimum parking requirement. Detached dwellings and educational
facilities will continue to have required off-street parking established at the same level as
currently required in the Code. Building height step backs are proposed to be required for
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TA2018-03001 – Page 4
buildings above certain heights to help reduce the visual impacts on the adjacent public
realm, as well as to provide relief from properties that are not within Downtown. New
requirements for long-term bicycle parking for a limited number of uses are proposed
which are detailed on Table 2. Bicycle Parking.
Division 4. Frontage Standards: There are seven frontage types which apply to buildings.
These frontages are permitted by street type. The frontage types – Storefront 1, Storefront
2, Urban Residential 1, Workshop/Flex, Urban Residential 2, Neighborhood Infill and
Neighborhood Conservation – regulate building location, location of parking, ground
floor facade design, and front landscape and pedestrian improvements along street
frontages. Each frontage type includes a character image, a building placement diagram,
and a parking and projections location diagram illustrating how these standards shall be
applied. This Division also establishes requirements for those key corners identified on
the regulating plan. Ground floor building space within 100 feet of the corner and to a
depth of 20 feet from the front property line at these corners must be occupied by active
uses only such as restaurants, bars, brewpubs, or active areas for residential uses such as
lobbies and fitness centers.
Division 5. Site Design Standards: The proposed development standards also address
general site design standards which shall apply to all sites within the Downtown District,
in addition to any frontage specific standards. Division 5 includes proposed block
standards to maintain and expand Downtown’s street grid by requiring the preservation of
the existing street network and establishing general standards for new blocks, lots, private
drives and private service drives. The general site design standards also address access
and circulation, including establishing a hierarchy from where vehicular access should
occur to further support the walkability and multi-modal vision for Downtown (i.e., first
from the rear of the property, second from a secondary street, and lastly from a primary
street if no other option exists). Access and circulation standards also include standards
for pedestrian walkways generally and between buildings, access and driveway
consolidation, cross-parcel connections, and connections to the Pinellas and Druid Trails.
Parking and service area standards detail how surface parking and service areas shall be
screened from residential uses and how interior islands should be designed to utilize Low
Impact Development techniques. Service areas must be placed to the rear of buildings,
screened from adjacent properties or rights-of-way, and be accessed from alleys or
secondary streets. Garage standards for attached and detached dwellings establish where
a garage is to be located and how it is to be accessed. The landscaping and fencing and
walls standards detail the general landscaping requirements which must be met, where
fences or walls are permitted and that certain types of fences (e.g., chain link) are
prohibited, and how utility or infrastructure facilities are to be screened. Drive-through
facilities are also regulated through this Division, and standards are established for
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TA2018-03001 – Page 5
location and screening, stacking lanes and signage associated with drive-throughs. Drive-
through restaurants continue to be prohibited. Stormwater facilities are not permitted to
be within front setbacks, and waterfront developments are required to meet the
established waterfront setback and parking standards.
Division 6. Building Design Standards: The proposed development standards also include
standards to ensure attractive ground floor facades and defined entries to support the
creation of more pedestrian- and transit-accessible destinations. Proposed standards
include limiting blank facades, utilizing façade bays and upper floor façade articulation to
create visual interest, and requiring consistent architectural treatments and
complementary design across all buildings or structures within projects. Standards for
corner facades are also included to ensure seamless transitions between both street-facing
facades. Since awnings and canopies are required along frontages, and balconies are
permitted for upper stories, standards are proposed that address what can and cannot
extend into the right-of-way, clearance heights, and other general parameters. Balconies
are not permitted to encroach into rights-of-way. Division 6 also introduces attached
dwelling types, which are detailed on Table 4. Attached Dwelling Types General. This
table provides an overview of permitted attached dwellings that could be constructed
within the Downtown District.
Division 7. Signs [Reserved]: This Division is currently being drafted and will be
presented as a separate ordinance at a later Community Development Board meeting.
Division 8. Flexibility: This Division establishes a process by which an applicant may
request flexibility, and the development standards for which flexibility may be requested.
Not all development standards are included within the flexibility provisions, and the level
of flexibility permitted shall be the minimum required to address the flexibility
requirements.
Division 9. Administration: This Division sets forth provisions for the final decision
making authority for site plan approvals and how they vary by Character District. It also
sets forth the approval process for amending the street type or key corner designated on
the regulating plan, and provides an allowance for the Community Development
Coordinator to make minor adjustments administratively.
2. Bicycle Parking [pages 21-25 of Ordinance]
The proposed amendment updates the standards for bicycle parking and adds new standards
for long-term bicycle parking. In addition, new figures are added to show prohibited bicycle
rack styles and a bicycle parking diagram.
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TA2018-03001 – Page 6
3. Other Amendments [pages 21 and 25 of Ordinance]
Additional proposed amendments to the Code include updating the outdoor café provisions
by removing a provision that permitted outdoor cafes for properties that were located within
the Downtown Plan area that had a Commercial (C) District and removing references to the
Downtown Plan and previous Design Guidelines from the Nonconformity Provisions in
Section 6-109.
CRITERIA FOR TEXT AMENDMENTS:
CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All
text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives
and Policies which will be furthered by the proposed Code amendments:
Goal A.5 The City of Clearwater shall identify and utilize a Citywide design
structure comprised of a hierarchy of places and linkages. The Citywide
design structure will serve as a guide to development and land use
decisions while protecting those elements that make the City uniquely
Clearwater.
Objective A.5.5 Promote high quality design standards that support Clearwater’s image
and contribute to its identity.
Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect
historic resources, ensure neighborhood preservation, redevelop blighted
areas, and encourage infill development.
Objective A.6.1 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.6.1.8 The City shall continue to support and implement approved community
redevelopment area plans, such as the Clearwater Downtown
Redevelopment Plan (2004), Beach by Design (2001), and the US 19
Corridor Redevelopment Plan (2012).
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TA2018-03001 – Page 7
Objective A.6.2 The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to
promote infill development that is consistent and compatible with the
surrounding environment.
Policy A.6.8.2 Encourage mixed-use development that includes a combination of
compatible land uses having functional interrelationships and aesthetic
features. Commercial and mixed-use buildings shall be sited to maximize
pedestrian connections from the building to adjacent streets. Buildings
should be sited and parking arranged to minimize the off-site impacts to
residential areas.
Objective E.1.2 The coastal storm area shall be the area delineated in Maps E-1A and E-
1B of the Coastal Management Element, which encompasses the
following:
(1) the Coastal High Hazard Area (CHHA) … ;
(2) all land connected to the mainland of Clearwater by bridges or
causeways;
(3) those isolated areas … surrounded by the CHHA or by the CHHA and
a body of water, and
(4) all land located within the Velocity Zone as designated by the Federal
Emergency Management Agency.
The City shall direct all permanent population concentrations away from
the coastal storm area consistent with the goals, objectives and policies of
the Clearwater Comprehensive Plan.
These proposed Downtown District and Development Standards implement the goals,
objective and policies within the Downtown Clearwater Redevelopment Plan, specifically
Policies 16 and 17. The proposed development standards address transitions to surrounding
low density residential areas. Infill development and redevelopment projects are encouraged
through streamlined zoning standards which allow a mix of uses in the Downtown District,
the majority of which are allowed through minimum standard Level One approvals.
Additionally, residential density within the CSA is limited, thereby continuing to direct
permanent populations away from the CSA. As such, the above referenced goals, objectives
and policies of the Comprehensive Plan will be furthered.
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TA2018-03001 – Page 8
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in CDC Section 1-103:
Sec. 1-103.A. It is the purpose of this Development Code to implement the
Comprehensive Plan of the city; to promote the health, safety, general
welfare and quality of life in the city; to guide the orderly growth and
development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the
preservation of neighborhoods; and to enhance the quality of life of all
residents and property owners of the city.
Sec. 1-103.B. It is the purpose of this Community Development Code to create value
for the citizens of the City of Clearwater by:
1. Allowing property owners to enhance the value of their property
through innovative and creative redevelopment;
2. Ensuring that development and redevelopment will not have a
negative impact on the value of surrounding properties and wherever
practicable promoting development and redevelopment which will
enhance the value of surrounding properties; and
3. Strengthening the city's economy and increasing its tax base as a
whole.
Sec. 1-103.D. It is the further purpose of this Development Code to make the
beautification of the city a matter of the highest priority and to require that
existing and future uses and structures in the city are attractive and well-
maintained to the maximum extent permitted by law.
Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of
the city through the establishment of reasonable standards which
encourage the orderly and beneficial development of land within the city.
Sec. 1-103.E.3. Protect and conserve the value of land throughout the city and the value of
buildings and improvements upon the land, and minimize the conflicts
among the uses of land and buildings.
Sec. 1-103.E.4. Provide the most beneficial relationship between the uses of land and
buildings and the circulation of traffic throughout the city, with particular
regard for safe and efficient vehicular and pedestrian traffic movement;
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TA2018-03001 – Page 9
Sec. 1-103.E.8. Establish zoning districts of a size, type, location and with standards that
reflect the existing and desirable characteristics of a particular area within
the city;
Sec. 1-103.E.9. Establish permitted uses corresponding with the purpose and character of
the respective zoning districts and limit uses within each district to those
uses specifically authorized.
Sec. 1-103.E.11. Enumerate density, area, width, height, setback, coverage and like
requirements for each district, and make appropriate distinctions between
categories of use within districts, based on the general purposes of this
article, the Comprehensive Plan, and existing and desired community
characteristics.
The amendments proposed by this ordinance will further the above referenced purposes by
implementing the aforementioned goals, objectives and policies of the Comprehensive Plan.
The proposed Downtown District and Development Standards intent and purpose is to
promote context-sensitive forms, patterns, and intensities of development, encourage mixed
use, pedestrian-oriented development, preserve and celebrate the unique features of
Downtown’s community and neighborhoods, and to provide for the design of safe, attractive,
and accessible places for working, living, and shopping, consistent with the vision, guiding
principles, goals, objectives and policies of the Clearwater Downtown Redevelopment Plan.
These standards will further the purposes by ensuring that existing and future uses and
structures in the city are attractive without having a negative impact on the value of
surrounding properties. Additionally, safe and efficient movement of all modes of
transportation is addressed through the new standards.
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Community Development Code is consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department
recommends APPROVAL of Ordinance No. 9149-18 that amends the Community Development
Code.
Prepared by Planning and Development Department Staff:
Kyle Brotherton
Senior Planner
ATTACHMENTS: Ordinance No. 9149-18
Resume
|1CITY OF CLEARWATER
New Downtown
District and
Development Standards
Monday, July 16, 2018
Planning & Development
Department
|2CITY OF CLEARWATER
Downtown District and Development Standards
•Implements the Clearwater Downtown Redevelopment Plan
•Streamlines Development Review Process
•Most Uses Approvable at Staff Level: Building Permit or
Development Review Committee
•Eliminate Most Parking Requirements
•Site Access Hierarchy Established
•Increased Setbacks on Certain Streets to Implement Master
Streetscape Plan
|3CITY OF CLEARWATER
Downtown District and Development Standards
|4CITY OF CLEARWATER
•Regulated by Character Districts and Street Types
•Frontage Standards Apply to Specific Properties
•General Site Design Standards Apply to All Properties
•General Building Design Standards Apply to All Buildings
•Flexibility Provisions
Downtown District and Development Standards
|6CITY OF CLEARWATER
Key Corners
•Occupied by Active Uses
•Breweries, Restaurants, Retail, Fitness Centers
•No Flexibility in Transparency Requirements Permitted
•20 ft Building Depth Minimum
|7CITY OF CLEARWATER
Frontage Standards
•Seven Frontage Types Relate to Street Types
•Establish Building Setbacks, Front Setback Improvements,
Ground Floor Facades and Entries, and Parking Location
Frontage Standards
|9CITY OF CLEARWATER
Storefront 1 Frontage
•Minimal Front Setbacks, 0 to 3 ft
•Front Setbacks are Extension of
Sidewalk
•60 Percent Required Transparency
of Front Façade
•Ground Floor Height 14 ft Minimum
•Parking Located to Rear of Building
•Permitted Along Street Types A, B
and C (Purple, Red, Pink)
|10CITY OF CLEARWATER
Storefront 2 Frontage
•Minimal Front Setbacks, 0 to 3 ft
•Front Setbacks are Extension of
Sidewalk
•50 Percent Required Transparency
of Front Façade
•Ground Floor Height 14 ft Minimum
•Limited Side Parking Permitted
•Permitted Along Street Type C
(Pink)
|11CITY OF CLEARWATER
Workshop/Flex Frontage
•Moderate Front Setbacks,
10 ft Maximum
•40 Percent Required Transparency
of Front Façade
•Ground Floor Height 14 ft Minimum
•Limited Side Parking Permitted
•Permitted Along Street Type D
(Blue)
|12CITY OF CLEARWATER
Urban Residential 1 Frontage
•Minimal Front Setbacks: 3 to 5 ft
•Individual Ground Floor Entries
Required along Street
•Stoops Required to Individual
Ground Floor Units
•Parking to Rear of Buildings
•Permitted Along Street Types B and
C (Red and Pink)
|13CITY OF CLEARWATER
Urban Residential 2 Frontage
•Moderate Front Setbacks: 8 to 15 ft
•Individual Ground Floor Entries or
Shared Entries Permitted
•Porches or Stoops Permitted to
Individual Ground Floor Units
•Parking to Rear of Buildings
•Permitted Along Street
Type D (Blue)
|14CITY OF CLEARWATER
Neighborhood Infill Frontage
•Moderate Front Setbacks: 8 to 15 ft
•Individual or Shared Ground Floor
Entries Permitted
•Porches or Stoops Permitted for
Individual Ground Floor Units
•Parking to Rear of Buildings
•Reduced Side Setbacks for
Private Driveways
•Permitted Along Street
Type E (Orange)
|15CITY OF CLEARWATER
Neighborhood Conservation Frontage
•Large Front Setbacks,
20 ft Minimum
•Front Setbacks for Lawns
•Porches or Stoops Permitted to
Individual Ground Floor Units
•Parking Permitted to Side of
Buildings in Private Driveways
•Permitted Along Street
Type F (Yellow)
|16CITY OF CLEARWATER
Site Design Standards
•Apply District Wide
•Development Pattern
•Access and Circulation
•Parking and Service Areas
•Garages for Attached or Detached Dwellings
•Landscape and Fencing/Walls
•Stormwater Management
•Waterfront Development
•Drive-Through Facilities
|17CITY OF CLEARWATER
Development Pattern
•Maintenance of Street Network (Grid) and General Block
Sizes
•Standards for New Private Drives and New Private Service
Drives for 5+ Acre Sites
|18CITY OF CLEARWATER
Access and Circulation
•Site Access Hierarchy
•Rear Access from Alley or Cross Parcel
•Secondary Street Access
•Primary Street Access
•No Additional Curb Cuts
•Sidewalk Reconstruction According to Standards in Master
Streetscape Plan
•General Standards for Pedestrian Walkways
•Cross Parcel Connections and Connection to Trails
|19CITY OF CLEARWATER
Parking and Service Areas
•General Standards for Surface and Structured Parking
•Service Areas Located to Rear of Buildings, Access from
Secondary Streets and Alleys
Garages for Attached or Detached Dwellings
•Located Behind the Principal Building or to Rear of Property
•Attached or Detached Garages Permitted
•Accessed from Single Width Private Driveway
|20CITY OF CLEARWATER
Landscape and Fencing/Walls
•Side/Rear Property Line Fences and/or Walls Behind Front
Building Façade
•Chain Link and Similar Fences Prohibited
Stormwater Management
•Traditional Stormwater Retention/Detention Limited to Side or
Rear of Buildings
•LID, Exfiltration Trenches, or Similar Retention Systems
Allowed in Front Setbacks
|21CITY OF CLEARWATER
Waterfront Development
•Waterfront Setback of 20 ft Minimum from Sea Wall, Property
Line or Mean High Water Line
•Screening from Clearwater Harbor Required for Garages or
Parking Serving Residential
Drive-Through Facilities
•Prohibited for Restaurants
•Located to Rear of Principal Building and Screened from
Adjacent Properties
|22CITY OF CLEARWATER
Building Design Standards
•Apply District Wide
•Façade Treatment and Design
•Awnings, Canopies and
Balconies
•Roof Design
•Building Entries
•Mechanical Equipment
•Attached Dwelling Types
|23CITY OF CLEARWATER
Façade Treatment and Design
•Complementary Architectural Details and Quality Materials
•Treatments to Avoid Large, Blank Walls (Lower and Upper
Floors)
•Clearly Articulated Bases
•Vertical Bay Widths
•Differentiation Through Architectural Features
•Limits to Length of Blank Sections on Ground Floor
•Corner Facades
•Designed with Equal Architectural Quality and Detail
•Additional Corner Emphasis Required
|24CITY OF CLEARWATER
Façade Treatment and Design (Continued)
•Parking Structures
•Architecturally-Finished Facades
•Various Architectural Treatments Permitted to Screen Ground
Level on Service Streets, Alleys, Drive
•Security Bars Prohibited Where Visible from Public Areas
•Lighting Used to Outline Windows, Signs or Other
Architectural Features Prohibited
|25CITY OF CLEARWATER
Awnings, Canopies and Balconies
•General Standards for Ground Floor Awnings, Canopies and
Other Shading Devices
•Supports Permitted up to Property Line
•Where Structures Project Into Rights-of-Way, Must be
Cantilevered or Suspended from Building
•Standards for Upper Story Awnings/Canopies and Balconies
•Balconies Not Permitted to Encroach into Rights-of-Way
•Plastic or Backlit Awnings and Canopies Prohibited
|26CITY OF CLEARWATER
Roof Design
•Mansard Roofs Prohibited
Building Entries
•Primary Entries Must be Located along Primary Street
Frontage or at Corner of Primary Street and Secondary
Street for Multiple Frontage Properties
•Primary Entries Distinguished by Façade Design, Materials
or Other Architectural Treatments
|27CITY OF CLEARWATER
Attached Dwelling Types
•Provides and Overview of Several Types of Attached
Dwellings Which Could be Permitted in the Downtown District
|28CITY OF CLEARWATER
Flexibility
•Approved by Community Development Coordinator or
Community Development Board
•Frontage Standards
•Multiple-Frontage Properties
•Setbacks
•Fences/Walls
•Glazing (Tinting)
•Building Entry Locations
•Additional Entries on Multiple-
Frontage Properties
•Attached and Detached Dwellings
|29CITY OF CLEARWATER
Flexibility (Continued)
|30CITY OF CLEARWATER
Flexibility (Continued)
•Site Design Standards
•Development Patterns
•Building Design Standards
•Façade Design and Articulation
•Glass Treatments
•General Flexibility
•Uses That May Not Otherwise Comply
|31CITY OF CLEARWATER
Next Steps
•Community Development Board July 17
•City Council First Reading July 19
•City Council Second Reading August 2
Questions?
New Downtown
District and
Development
Standards
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 1 of 54
Division 1. General Provisions
SECTION C-101. INTENT & PURPOSE
The intent and purpose of the Downtown District
and Development Standards is to guide the
development and redevelopment of sites in
Downtown Clearwater consistent with the vision,
guiding principles, goals, objectives and policies
in the Clearwater Downtown Redevelopment Plan
to achieve quality urban and architectural design
throughout Downtown and provide regulatory
clarity and predictability for property owners,
investors, residents, and business owners. The
standards are designed to accomplish the following:
• Encourage mixed use, pedestrian-oriented
development;
• Promote context-sensitive forms, patterns, and
intensities of development;
• Support a variety of new housing types to
provide for a range of affordability and mix of
incomes;
• Preserve and celebrate the unique features of
Downtown’s community and neighborhoods;
• Encourage the renovation, restoration and/or
reuse of existing historic structures; and
• Provide for the design of safe, attractive, and
accessible places for working, living, and
shopping.
SECTION C-102. RELATION TO THE
COMMUNITY DEVELOPMENT CODE
The Downtown District and Development Standards
are part of Community Development Code (CDC)
Article 2, Division 9 and Article 3, Division 5.
Wherever there appears to be a conflict between the
Downtown District and Development Standards and
other sections of the CDC, the standards set forth in
the Downtown District and Development Standards
shall prevail. For conditions not covered by these
standards, other applicable sections of the CDC shall
apply.
SECTION C-103. ORGANIZATION OF
STANDARDS
Standards regulating development in the Downtown
District are organized as follows:
A) Regulating Plans
The Regulating Plans included in Division 2
determine how the Downtown District and
Development Standards are applied by character
district and street type. The Character District
Regulating Plan defines the limits of five different
character districts which determine the applicability
of requirements in Division 3. The Street Type
Regulating Plan defines six street types which
determine the applicability of requirements in
Division 4. The Street Type Regulating Plan also
identifies the location of key corners which are
subject to special requirements.
B) Development Standards
Standards regulating development in the Downtown
District are included in Divisions 3, 4, 5, 6, and 7 as
described below:
1. The Character District Standards in Division 3
regulate development potential, building heights,
permitted uses, and parking requirements.
2. The Frontage Standards in Division 4 regulate
building setbacks, front setback improvements,
ground floor facades and entries, and certain
locational requirements for parking and vehicular
circulation.
3. The Site Design Standards in Division 5 regulate
development patterns in Downtown, site access,
circulation, parking design, service area location
and design, garage location for residential uses,
landscaping, fencing and walls, location of
stormwater facilities, waterfront lots, and the design
of drive-through facilities.
4. The Building Design Standards in Division 6
regulate the treatment of front building facades and
other features related to the architectural design of
buildings.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
2 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
5. The Sign Standards in Division 7 regulate signage
in the Downtown District.
C) Flexibility Provisions
Division 8 provides processes and standards for
the approval of flexibility in the application of
Downtown District and Development Standards.
SECTION C-104. APPLICABILITY OF
DEVELOPMENT STANDARDS
A) General
The Development Standards in Appendix C,
Divisions 3, 4, 5, and 6 are intended to ensure that
new development and significant renovations and
additions to existing developments are designed
in accordance with the vision described in the
Clearwater Downtown Redevelopment Plan, while
allowing for incremental improvements to existing
buildings and sites. Provisions addressing flexibility
in the application of these Development Standards
are included in Appendix C, Division 8.
B) Exemptions
The following types of development are exempt
from all or a portion of the Development Standards
as follows:
1. Change of Use. Projects involving only a change in
use are exempt from the Development Standards in
Appendix C, Divisions 4, 5 and 6 and bicycle parking
requirements in Section C-303.B of these standards.
2. Detached Dwellings. Detached dwellings
lawfully existing on the date of adoption of these
Development Standards may be expanded. The
location of any new floor area shall be compliant
with all setback requirements in Division 4 of these
standards. Existing driveways or parking that does
not comply with the parking location standards for
the applicable frontage type may remain. Existing
carports may be enclosed, but new garages shall
comply with Section C-505.
3. Improvement or Remodel. Building improvement
and remodel projects, including projects with up to
7.5 percent or 5,000 square feet of additional gross
floor area, whichever is less, excluding detached
dwellings, shall be exempt from the Development
Standards as follows.
a. Building improvement or remodel projects
valued at less than 25 percent of the total
assessed building value as reflected in the
Property Appraiser’s current records at the
time of application or as established by a
qualified independent appraiser using a
recognized appraisal method are exempt from
the Development Standards in Appendix C,
Divisions 4, 5 and 6.
b. Building improvement or remodel projects
valued at 25 percent or more of the total
assessed building value as reflected in the
Property Appraiser’s current records at the time
of application or as established by a qualified
independent appraiser using a recognized
appraisal method are exempt from all but
Sections C-502.A, C-503.C, C-504, and C-506 of
these standards.
4. Historic Designated Structures. The Community
Development Coordinator may waive the
Development Standards for the renovation or
development of structures which have been
designated historic in accordance with the provisions
of Section 4-607. Changes to such structures shall
comply with the standards for historic preservation
in Article 2, Division 10.
C) Not Applicable CDC Sections
The landscaping standards set forth in Sections
3-1202.A.2 and 3-1202.A.3, and the parking
standards set forth in Sections 3-1401.B.2 and
3-1401.B.3 shall not apply.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 3 of 54
Division 2. Regulating Plan
SECTION C-201. GENERAL
Development within the Downtown District is
regulated by character district and street type, as
shown in Figure 1. Character Districts and Figure 2.
Regulating Plan – Street Types and Key Corners.
SECTION C-202. CHARACTER DISTRICT
REGULATING PLAN
Standards and regulations in Appendix C, Division
3 related to land use and parking, development
density and intensity, and building height within the
Downtown District apply to properties falling within
one of five character districts illustrated in Figure 1.
Character Districts.
A) Downtown Core Character District
The Downtown Core Character District is intended
for high intensity mixed-use, office, and residential
development in buildings with active ground floor
uses opening onto pedestrian-friendly streetscapes.
Standards are designed to support a dense urban
pattern of development with buildings facades
aligned along public sidewalks and parking primarily
located within buildings behind active uses and
behind buildings. Properties adjacent to the Pinellas
Trail are designed to provide pedestrian and bicycle
connections to the trial.
B) Old Bay Character District
The Old Bay Character District is intended for
moderate intensity residential development and
mixed-use development in buildings with entires
opening onto pedestrian-friendly streetscapes.
Standards are designed to preserve the District’s
unique and charming character, while providing
a transition between the high intensity mixed-use
areas in the Downtown Core Character District and
residential neighborhoods to the north outside of
the Downtown District boundaries. Buildings with
active ground floor uses along North Fort Harrison
Avenue are designed with facades aligned along
public sidewalks and parking and service areas
primarily located behind buildings. In the remainder
of the District, buildings are designed with facades
aligned along streets with modest setbacks and
with parking and service areas primarily located
behind buildings. Properties adjacent to the Pinellas
Trail are designed to provide pedestrian and bicycle
connections to the Trail.
C) South Gateway Character District
The South Gateway Character District is intended
for moderate intensity residential and mixed-use
development in buildings with active ground floor
uses opening onto pedestrian-friendly streetscapes.
Buildings are designed with facades aligned along
public sidewalks with parking and service areas
primarily located behind buildings. Properties
adjacent to the Pinellas and Druid Trails are designed
to provide pedestrian and bicycle connections to the
Trail(s). This character district is intended to create
a transition between higher intensity mixed-use
areas in the Downtown Core Character District and
residential neighborhoods to the southeast and
Morton Plant Hospital farther south.
D) Prospect Lake Character District
The Prospect Lake Character District is intended
for high-intensity residential and mixed-use
development in buildings with street-facing entries
opening onto pedestrian-friendly streetscapes and
with active ground floor uses along many streets.
Buildings are designed with facades aligned along
public sidewalks with parking and service areas
primarily located behind buildings. This character
district is intended to create a transition between
higher intensity mixed-use areas in the Downtown
Core Character District and residential areas to the
east in the Downtown Gateway Character District.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
4 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
Figure 1. Character Districts
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveCharacter Districts
Downtown District
& Development Standards
0 1,250 2,500625
FeetDowntown Core
Downtown Gateway
Old Bay
Prospect Park
South Gateway
N
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 5 of 54
E) Downtown Gateway Character District
The Downtown Gateway Character District is
intended for moderate intensity residential and
mixed-use development in buildings with street-
facing entries opening onto pedestrian-friendly
streetscapes. Buildings are designed with facades
aligned along streets, modest setbacks, and parking
primarily located behind buildings. This area is
intended to create a transition between higher
intensity mixed-use areas to the west in the Prospect
Lake Character District and lower to medium
intensity residential areas outside of Downtown to
the east and northeast.
SECTION C-203. STREET TYPE
REGULATING PLAN
A) Street Types & Key Corner Locations
Figure 2. Regulating Plan – Street Types and Key
Corners establishes the applicability of development
standards in Appendix C, Division 4 based on a site’s
location along streets and at key corner locations.
As shown in Figure 2. Regulating Plan – Street
Types and Key Corners, streets with high levels of
existing and planned pedestrian activity are assigned
Street Types A, B or C; streets with modest levels of
existing and planned pedestrian activity are assigned
Street Type D; and streets with residential uses are
assigned Street Types E and F. For sites at locations
identified as key corners, specific development
standards related to ground floor uses are included
in Appendix C, Division 4. The Service Street Type
is applied to public streets and alleys with very low
levels of anticipated pedestrian activity that provide
access to parking and service areas.
B) Street Types Assignment
Along existing or proposed new public streets where
street types are not depicted on the Regulating Plan,
an appropriate street type shall be established by the
Community Development Coordinator as part of an
application for development approval.
C) View Corridors
The view corridor at the western terminus of
Nicholson Street shall be preserved through an
open space corridor the width of the Nicholson
Street right-of-way. The corridor shall extend to
the west to the mean high water line. Hardscaping
improvements may occupy this space provided
the height does not exceed the average pre-
development grade of the property within the open
space corridor. View corridors are shown on Figure 2.
Regulating Plan - Street Types and Key Corners.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
6 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
Figure 2. Regulating Plan – Street Types and Key Corners
Ft Harrison AveMartin Luther King, Jr. AveSeminole St
Pierce St
Chestnut St
Cedar St
Drew StMyrtle AveFranklin St
Maple St
Osceola AvePark StGarden AveClevela
Street Types and Key Corners
Downtown Zoning District
& Development Standards
Cleveland St
Jones St
East AveCourt St
Turner St
Druid Rd Prospect AveFt Harrison AveLaura St
Grove St
Street Type A
Street Type B
Street Type C
Street Type D
Street Type E
Street Type F
Key Corners
Key Corners, Festival Area
Service Streets
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 7 of 54Highland AveMissouri AveCourt St
Laura St
Park St
San Juan StBetty LnPierce StHillcrest Aveeveland St
0 1,250 2,500625
Feet
Drew St
Franklin St
t
Grove St
Lincoln AveSan Remo AveG
u
l
f
t
o
B
a
y
B
l
v
d
Missouri AveCleveland St
N
View Corridor
Hardscape Only
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
8 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
SECTION C-301. DEVELOPMENT
POTENTIAL
A) Maximum Development Potential
1. Development in the Downtown District shall
be consistent with the development potential set
forth by location in the Clearwater Downtown
Redevelopment Plan. Properties within the
Downtown District shall have a future land use of
Central Business District (CBD), which is consistent
with the Activity Center (AC) Countywide Plan Map
category and the Special Center subcategory in the
Countywide Plan for Pinellas County. The maximum
development potential set forth for each established
character district is shown on Figures 3 through 7.
Residential uses and overnight accommodation uses
are regulated by density, or units per acre, while
nonresidential uses are regulated by intensity, or
floor area ratio (FAR). The development potential for
mixed-use projects shall be determined consistent
with Section 3-902.
2. Residential density on parcels proposed for
development within the Downtown Gateway
Character District which have frontage along Street
Type F shall be limited to no more than two dwelling
units.
B) Residential Density in Coastal Storm Area
Where residential density was increased in 2018,
residential density on those portions of property
located within the coastal storm area (CSA) shall be
limited to the density in place prior to the adoption
of the Clearwater Downtown Redevelopment Plan
(adopted March 2, 2018) consistent with Figure
7. Residential Density in the Coastal Storm Area.
However, if development is located entirely outside
of those portions of property located within the CSA,
this provision shall not apply.
SECTION C-302. BUILDING HEIGHT
A) Maximum Building Heights
The maximum building height for each character
district is shown on Figure 8. Maximum Height &
Height Transitions.
Division 3. Character District Standards
B) Height Transitions
1. Buildings greater than 75 feet in height shall
provide step backs consistent with the following
standards.
a. Buildings shall have at least a 15-foot minimum
facade step back from the lower floor facade
between the 3rd and 6th floors along frontages
abutting public streets. Buildings greater than
150 feet in height shall have an additional 15-
foot minimum facade step back between the
12th and 15th floors along frontages abutting
public streets.
b. Buildings along the boundary of the Downtown
District and/or those properties within the
Downtown District for which the permissible
maximum height would be greater than 10 feet
higher than the permissible maximum height
on an abutting parcel (see Figure 8) shall have at
least a 15-foot minimum facade step back from
the lower floor facade between the 3rd and
6th floor along the property line(s) which abut
the boundary and/or a property with a lesser
permissible height.
2. To avoid a monotonous streetscape, a building
shall not replicate the step back configuration of the
neighboring buildings including those across rights-
of-way.
3. In addition to the step back requirements above,
buildings, or portions of buildings located on
properties that are two acres or larger in size and
located west of North Osceola Avenue and north of
Seminole Street, but not fronting on Cedar Street,
and are greater than 30 feet in height shall not be
closer than 30 feet to any property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 9 of 54
SECTION C-303. PERMITTED USES &
PARKING
A) Use & Off Street Parking Table
Permitted uses and approval levels by character
district, along with off-street parking requirements,
are listed in Table 1. Use & Off-Street Parking. In
addition, only residential land uses are permitted
along Street Types E and F.
Column intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
10 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
Figure 3. Maximum Intensity - FAR
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum FAR
Downtown District
& Development Standards
0 1,250 2,500625
Feet0.5
0.55
1.5
2.5
4.0
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 11 of 54
Figure 4. Maximum Residential Density
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Residential Density
Downtown District
& Development Standards
0 1,250 2,500625
Feet35 Units per Acre
50 Units per Acre
75 Units per Acre
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
12 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
Figure 5. Maximum Hotel Density
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Hotel Density
Downtown District
& Development Standards
0 1,250 2,500625
Feet
N/A
40 Units per Acre
50 Units per Acre
95 Units per Acre
35 Units per Acre
10 Rooms Maximum
(Bed & Breakfast Only)
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 13 of 54
Figure 6. Maximum Mixed-Use Density
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Mixed-Use Density
Downtown District
& Development Standards
0 1,250 2,500625
FeetN/A
50 Units per Acre
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
14 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
Figure 7. Residential Density in the Coastal Storm Area
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser; Tampa Bay Regional Planning
Council
Prepared by: City of Clearwater Planning & Development Department, May 2018
Drew St
Ft Harrison AvePierce St
Cedar St
Georgia St
Myrtle AveLaura St
Seminole St
Osceola AveEldridge St
Garden AveNicholson St
Cleveland St
Residential Density in
Coastal Storm Area
Downtown District
& Development Standards
0 625 1,250312.5
FeetDowntown Core
Old Bay
7.5 Units per Acre
25 Units per Acre
70 Units per Acre
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 15 of 54
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Height &
Height Transitions
Downtown District
& Development Standards
0 1,250 2,500625
Feet
75
100 (Hotel Only)
150
Unlimited
Height Transitions
35
45
55
N
Figure 8. Maximum Height & Height Transitions
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
16 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
Table 1. Use & Off -Street Parking
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
RESIDENTIAL USES
Attached Dwellings BCP BCP BCP BCP BCP Parking provided in excess of the minimum
required may be provided as tandem parking.
Handicapped parking spaces shall not be
used for tandem spaces.
1/unit
Community Residential
Homes
X BCP X BCP BCP 1. See footnote 1.
2. No more than six residents shall be
permitted.
1 per 2 residents
Detached Dwellings X BCP BCP BCP BCP Parking provided in excess of the minimum
required may be provided as tandem parking.
2/unit
NONRESIDENTIAL USES
Alcoholic Beverage Sales BCP BCP BCP BCP BCP Permitted in Storefront 1 and Storefront 2
Frontages only.
N/A
Animal Boarding FLD FLD FLD FLD FLD 1. The use of the parcel does not involve
animal confi nement facilities that are open to
the outside.
2. Animals may have supervised outdoor
exercise but only between 7:00 a.m.—
9:00 p.m. In no case shall animals be left
unsupervised while outdoors.
N/A
Assisted Living Facilities X BCP BCP X BCP None N/A
Bars BCP BCP BCP BCP BCP If the parcel proposed for development is
abutting Street Types E or F, the following
shall apply:
1. A landscaped wall or fence that is a
minimum of six feet in height shall be
constructed along property lines abutting
those parcels with a Street Type of E or F.
2. No outdoor amplifi ed music allowed after
11:00 pm Sunday through Thursday or 12:00
midnight Friday and Saturday.
N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 17 of 54
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Brewpubs BCP BCP BCP BCP BCP If the parcel proposed for development is
abutting Street Types E or F, the following
shall apply:
1. A landscaped wall or fence that is a
minimum of six feet in height shall be
constructed along property lines abutting
those parcels with a Street Type of E or F.
2. No outdoor amplifi ed music allowed after
11:00 pm Sunday through Thursday or 12:00
midnight Friday and Saturday.
N/A
Community Gardens BCP BCP BCP BCP BCP None N/A
Congregate Care X BCP BCP X BCP None N/A
Convention Center FLS XXXXNone N/A
Educational Facilities FLS FLS FLS FLS FLS None 4/1,000 SF
GFA, or as
determined by
the Community
Development
Coordinator
based on a
parking study
Governmental Uses FLS FLS FLS FLS FLS None N/A
Indoor Recreation/
Entertainment
BCP BCP BCP BCP BCP None N/A
Light Assembly BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
18 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Marinas & Marina Facilities FLD FLD X X X 1. High and dry and/or upland boat storage is
prohibited.
2. Must comply with Section 3-601.C.3 and
Section 3-603 of this Development Code
3. The parcel proposed for development
is not located in areas identifi ed in
the Comprehensive Plan as areas of
environmental signifi cance including
Clearwater Harbor grass beds or Clearwater
Harbor spoil islands.
4. No commercial activities other than the
mooring of boats on a rental basis shall
be permitted on any parcel of land which
is contiguous to a parcel of land which is
designated as residential in the Zoning
Atlas, unless the marina facilities are totally
screened from view from the contiguous
land which is designated as residential and
the hours of operation of the commercial
activities are limited to the time period
between sunrise and sunset.
1 per 2 slips
Medical Clinic BCP BCP BCP BCP BCP None N/A
Microbreweries FLS FLS FLS FLS FLS See footnote 2. N/A
Museums BCP BCP BCP BCP BCP None N/A
Nightclubs BCP FLS FLS FLS FLS See footnote 2. N/A
Offi ces BCP BCP BCP BCP BCP None N/A
Open Space BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 19 of 54
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Overnight
Accommodations
(Bed & Breakfast)
X BCP BCP BCP X 1. The use is accessory to the use of the
principal building as a private residence.
2. An owner or manager shall reside on the
premises in the principal building.
3. Food service in conjunction with the
overnight accommodations shall be limited
to guests of the use, and shall include at a
minimum service of breakfast to guests.
4. Off -street parking is screened to a height of
four feet by a landscaped wall or fence so that
headlamps from automobiles in the off -street
parking area cannot project into adjacent
properties and streets.
5. Receptions or parties of any kind are
prohibited.
2/dwelling unit
plus 1/ overnight
accommodation
unit
Overnight
Accommodations (Hotel)
BCP BCP BCP BCP BCP None 0.75/unit
Parking Garages BCP BCP BCP BCP BCP None N/A
Parks & Recreation Facilities BCP BCP BCP BCP BCP None N/A
Places of Worship BCP BCP BCP BCP BCP None N/A
Public Facility FLD XXXXNone N/A
Public Transportation
Facilities
FLS X X FLS X None N/A
Research & Technology BCP BCP BCP BCP BCP None N/A
Restaurants BCP BCP BCP BCP BCP Drive-through components are prohibited. N/A
Retail Plazas BCP BCP BCP BCP BCP See footnote 3. N/A
Retail Sales & Services BCP BCP BCP BCP BCP See footnote 3. N/A
Schools BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
20 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Self Storage Warehouses FLS X FLS FLS X 1. The use shall be secondary to and shall not
exceed 25 percent of the gross fl oor area of
another principal use.
2. Leasing offi ce and other non-storage
customer service areas shall be incorporated
into the building frontage along the primary
street.
3. Outdoor storage of any kind shall be
prohibited.
4. All loading areas, including bays and
loading zones used for the placement of
personal products onto, or removal from,
a transportation vehicle shall be provided
along the interior side or rear of the building.
N/A
Social & Community
Centers
X BCP BCP BCP BCP None N/A
Social/Public Service
Agencies
X X FLD X FLD 1. See footnote 1.
2. See footnote 2.
N/A
Telecommunication Towers BCP BCP BCP BCP BCP Shall meet requirements set forth in Section
3-2001.
N/A
TV/Radio Studios FLS FLS FLS FLS FLS See footnote 2. N/A
Utility/Infrastructure
Facilities
BCP BCP BCP BCP BCP None N/A
Vehicle Sales/Display,
Limited
BCP BCP BCP BCP BCP 1. The use shall be within an enclosed
structure and no outdoor display, storage,
and/or sales shall be permitted.
2. Vehicle service of any kind shall be
prohibited.
N/A
Veterinary Offi ces BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 21 of 54
Use Long Term Spaces
Attached Dwellings
(10 or more units)
1 per 4 dwelling units. Units with private garage or private storage space are
exempt.
Offi ces 2 min., or 1 per 10,000 SF GFA
Parking Garages 2 min., or 1 per 20 vehicle parking spaces, whichever is greater
Public Transportation Facilities 4 min., or 1 per 10,000 SF GFA
Table 2. Bicycle Parking
B) Bicycle Parking
Bicycle spaces shall be provided for new
development providing off-street parking as listed
in Table 2. Bicycle Parking and shall comply with the
bicycle parking standards in Section 3-1411 of this
Development Code. Buildings with less than 5,000
square feet of gross building area and residential
projects with fewer than 10 units are exempt from
this requirement.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
22 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
Division 4. Frontage Standards
SECTION C-403. KEY CORNER
REQUIREMENTS
For locations identified as Key Corners on Figure
2. Regulating Plan – Street Types and Key Corners,
ground floor building space within 100 feet of the
corner and to a depth of 20 feet minimum from
the front facade (as measured along front property
lines) shall be occupied only by active uses including
retail sales and services, restaurants, bars, brewpubs,
microbreweries, nightclubs, and/or lobbies to upper
story building space. For buildings occupied only
by residential uses, ground floor amenity areas such
as offices, lobbies, or fitness centers shall count
toward meeting this requirement only if the ground
floor facade meets the requirements applicable to
Storefront 1 or Storefront 2 frontages. Ground floor
building space designed for open air dining or cafe
use may count towards this requirement. Flexibility
in meeting facade transparency requirements in
these locations shall not be permitted. Key corner
requirements shall not apply to publicly owned park
and plaza space.
SECTION C-401. RELATIONSHIP
BETWEEN STREET TYPES AND
FRONTAGE STANDARDS
Table 3. Frontages and Street Types shows which
development standards in this division apply by the
street types shown in Figure 2. Regulating Plan –
Street Types and Key Corners.
SECTION C-402. PROPERTIES WITH
MULTIPLE STREET FRONTAGES
A) Defi nition of Primary and Secondary Street
Frontages
For project sites with multiple street frontages,
including corner sites, a primary street frontage
shall be defined. The primary street frontage shall
be defined as the street frontage with the highest
level of designated street type or the highest level of
existing and planned pedestrian activity as defined
in the Clearwater Downtown Redevelopment Plan.
B) Defi nition of Frontages for Corner Sites
For corner sites where the street type is the same
on two frontages, the primary street frontage shall
be defined as the frontage to which the majority
of buildings on adjacent sites are oriented and
addressed. In locations where the orientation of
buildings on adjacent sites is unclear, the primary
street frontage shall be defined as the frontage on
which the building is addressed. As provided in
Division 8. Flexibility, a limited amount of flexibility
in meeting requirements for frontages defined as
secondary street frontages may be approved.
C) Application of Setbacks on Through Lots
For project sites with frontage on two parallel
streets, one of which is a Service Street Type, the side
setbacks applicable to the primary street frontage
shall apply.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 23 of 54
Frontages General Character
Front
Setback Parking Location
Street Types
ABCDEF
Storefront 1 Traditional “Main Street” conditions with
continuous storefronts with high levels of
storefront transparency.
3’ max. Rear yard parking. No
parking along street
frontages.•••
Storefront 2 Traditional “Main Street” conditions with moderate
levels of storefront transparency and allowance
for side yard parking.
3’ max. Rear yard and limited
side parking permitted.•
Workshop/ Flex Flexible frontages with modest setbacks,
discontinuous frontage and moderate
transparency.
5’ min. -
10’ max.
Rear yard and limited
side parking permitted.•
Urban Residential 1 Urban townhouse and apartments with individual
entires and front stoops.
3’ min. -
5’ max.
Rear yard parking. No
parking along street
frontages.••
Urban Residential 2 Urban townhouse and apartments with modest
landscaped setbacks and allowance for front
porches and shared entries
8’ min. -
15’ max.
Rear yard parking. No
parking along street
frontages.•
Neighborhood Infi ll Single family houses, duplexes, townhouses,
and small apartments with modest landscaped
setbacks.
8’ min. -
15’ max.
Parking behind units
accessed from side
streets or shared drives.•
Neighborhood
Conservation
Single family houses and duplexes with traditional
front yards.
20’ min. Parking behind front
facades accessed from
private driveways.•
Table 3. Frontages and Street Types
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
24 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
A) General
The Storefront 1 Frontage Standards are intended for
application along Street Types A, B, and C which are
identified as appropriate for high levels of existing
or planned pedestrian activity and active ground
floor uses. Development standards for this type of
frontage require front building facades and building
entries oriented to public sidewalks with traditional
storefront design treatments with large, transparent
display windows, building entries at sidewalk grade,
awnings or canopies, minimal front setbacks, and
parking to the rear of occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 10
and 11.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 0 feet minimum, 3 feet
maximum.
b. Side Setbacks (B): 0 feet maximum, or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
2. Front building setbacks on Fort Harrison Avenue,
Cleveland Street, and Osceola Avenue shall be
increased to the extent required to allow for the
creation of sidewalks widths consistent with the
Master Streetscape Plan within the Clearwater
Downtown Redevelopment Plan.
3. To promote continuity of frontages along front
setbacks, the space between buildings on the same
or adjacent sites shall be 20 feet maximum and may
be occupied by a mid-block pedestrian passageway
open for public use during regular business hours.
Where such space is provided with no pedestrian
passageway, a 6-foot minimum, 8-foot maximum
high brick or other masonry wall, wall with masonry
columns linked by substantial grill work, or wall
designed to match the architectural design of the
building shall be constructed in line with the front
building facade.
SECTION C-404. STOREFRONT 1 FRONTAGE
Figure 9. Storefront 1 Example
B
B
D
Building
C
Rear
Parking
AA
E
F
Building
Rear
Parking
Figure 10. Storefront 1 Building Placement
Figure 11. Storefront 1 Parking & Projections
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 25 of 54
C) Front Setback Improvements
Where front setbacks are provided, the area within
the setback shall be improved as a hardscape
extension of the public streetscape with no change
in elevation from adjacent sidewalks, no landscape
areas, and no permanent physical obstructions such
as a curbing, railing, or fencing. Movable furnishings,
including tables, seats, and landscape planters, are
permitted.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. A minimum 60 percent of the area of the
ground floor facade between 2 and 10 feet
in height above adjacent ground level shall
consist of storefront windows and doors with
transparent glazing with no more than 10
percent daylight reduction (tinting) and no
reflective or mirrored coating or treatment.
Transom windows are encouraged above
storefront display windows. Residential
window types, with closely spaced mullions
and recessed punched windows, are not
allowed for storefront frontages. The bottom
of storefront windows shall be no more than 2
feet above the adjacent ground level.
c. Primary entries to individual ground floor
tenant spaces and entries to shared lobbies for
upper story spaces shall be located along the
front facade and may be recessed 18 inches
maximum.
d. Thresholds at front building entries and the
ground floor finished floor elevation shall
match the elevation of the abutting public
sidewalk or publicly accessible plaza.
e. The ground floor floor-to-structural-ceiling
height shall be 14 feet minimum and ground
floor building space shall be designed to
meet Florida Building Code requirements for
commercial uses.
3. Awnings, canopies, or other forms of weather
protection shall be required along at least 80 percent
of the front facade and shall meet the standards in
Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet the standards
in Appendix C, Division 5.
2. Parking shall be located to the rear of the property
away from the primary street frontage and corner
locations. Parking to the side of buildings is
prohibited.
3. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (F).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
26 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
A) General
The Storefront 2 Frontage Standards are intended for
application along Street Type C which is identified
as appropriate for moderate levels of existing or
planned pedestrian activity. Development standards
for this frontage require front building facades
and building entries oriented to public sidewalks
with traditional storefront design treatments with
large, transparent display windows, building entries
at sidewalk grade, awnings or canopies, minimal
front setbacks, and parking to the side and rear of
occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 13
and 14.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 0 feet minimum, 3 feet
maximum.
b. Side Setbacks (B): 0 feet maximum, or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
2. Front building setbacks on Fort Harrison Avenue,
Cleveland Street, and Osceola Avenue shall be
increased to the extent required to allow for the
creation of sidewalks widths consistent with the
Master Streetscape Plan within the Clearwater
Downtown Redevelopment Plan.
C) Front Setback Improvements
1. Where front setbacks are provided, the area
within the setback shall be improved primarily as a
hardscape extension of the public streetscape with
no change in elevation from adjacent sidewalks.
2. Landscape areas may account for 35 percent
maximum of the front setback area. Such
landscaping shall comply with landscape
requirements in Section 3-1202.
3. Low curbing may be used to define the edge
of landscape areas but no permanent physical
obstructions such as walls, railing, or fencing are
permitted.
SECTION C-405. STOREFRONT 2 FRONTAGE
Figure 12. Storefront 2 Example
D
B
C
Building
Rear
Parking
Limited
Side Parking
B
A
DD
Figure 13. Storefront 2 Building Placement
Figure 14. Storefront 2 Parking & Projections
G
F
Building
Rear
Parking
Limited
Side Parking
E
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 27 of 54
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. A minimum 50 percent of the area of the
ground floor facade between 2 and 10 feet
in height above adjacent ground level shall
consist of storefront windows and doors with
transparent glazing with no more than 10
percent daylight reduction (tinting) and no
reflective or mirrored coating or treatment.
Transom windows are encouraged above
storefront display windows. Residential
window types, with closely spaced mullions
and recessed punched windows, are not
allowed for storefront frontages. The bottom
of storefront windows shall be no more than 2
feet above the adjacent ground level.
c. Primary entries to individual ground floor
tenant spaces and entries to shared lobbies for
upper story spaces shall be located along the
front facade and may be recessed 18 inches
maximum.
d. Thresholds at front building entries and the
ground floor finished floor elevation shall
match the elevation of the abutting public
sidewalk or publicly accessible plaza.
e. The ground floor floor-to-structural-ceiling
height shall be 14 feet minimum and ground
floor building space shall be designed to
meet Florida Building Code requirements for
commercial uses.
3. Awnings, canopies, or other forms of weather
protection shall be required along at least 80 percent
of the front facade and shall meet the standards in
Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Appendix C, Division 5.
2. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
3. Surface parking located to the side of buildings
along streets shall be no greater than 1 bay in width
or 60 feet maximum as measured along the street
frontage and shall be set back 5 feet behind front
building facades and screened from public sidewalks
by a opaque hedge or wall 24 to 36 inches in height
(F).
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (G).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
28 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
A) General
The Workshop/Flex Frontage Standards are
intended for application along Street Type D which
is identified as appropriate for a mix of land uses
and building types. Development standards for this
frontage require front building facades and building
entries oriented to public sidewalks with modest
front setbacks and facade transparency, and parking
to the rear or side of occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 16
and 17.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 5 feet minimum, 10 feet
maximum.
b. Side Setbacks (B): 10 feet minimum.
c. Rear Setbacks (C): 10 feet minimum.
C) Front Setback Improvements
1. The front setback area shall be improved as a
landscape area with walkway connections between
sidewalks and front building entries. Low curbing
may be used to define the edge of landscape areas
but no permanent physical obstructions such as
walls, railings, or fencing are permitted between the
street and front building facade.
2. Landscaping in the front setback area shall
comply with landscape requirements in Section
3-1202.
3. Hardscape areas improved as open air patio or
café space may account for 50 percent maximum of
the front setback area. Such areas may be defined by
railings or low walls 36 inches maximum in height.
SECTION C-406. WORKSHOP/FLEX FRONTAGE
Figure 15. Workshop/Flex Example
B
C
Building
Rear
Parking
B
D
A
Limited
Side ParkingD
Figure 16. Workshop/Flex Building Placement
Figure 17. Workshop/Flex Parking & Projections
Building
Rear
Parking
Limited
Side Parking
F
E
G
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
07.09.18 | PROPOSED ORD. 9149-18 | 29 of 54
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall be
designed to meet the following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. A minimum 40 percent of the area of the
ground floor facade between 2 and 10 feet
in height above adjacent ground level shall
consist of windows and doors with transparent
glazing with no more than 10 percent daylight
reduction (tinting) and no reflective or
mirrored coating or treatment.
c. Primary entries to individual ground floor
tenant spaces and entries to shared lobbies for
upper story spaces shall be located along the
front facade and may be recessed 18 inches
maximum.
d. Thresholds at front building entries and the
ground floor finished floor elevation may be
elevated 18 inches maximum above the grade
of the abutting public sidewalk or publicly
accessible plaza.
e. The ground floor floor-to-structural-ceiling
height shall be 14 feet minimum and ground
floor building space shall be designed to
meet Florida Building Code requirements for
commercial uses.
3. Awnings, canopies, or other forms of weather
protection shall be required at building entries and
shall meet the standards in Appendix C, Division 6
(E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Appendix C, Division 5.
2. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
3. Surface parking located to the side of buildings
along streets shall be no greater than 2 bays in width
or 120 feet maximum as measured along the street
frontage and shall be set back 5 feet behind front
building facades and screened from public sidewalks
by a opaque hedge or wall 24 to 36 inches in height.
(F).
4. Surface parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (G).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
30 of 54 | PROPOSED ORD. 9149-18 | 07.09.18
A) General
The Urban Residential 1 Frontage Standards are
intended for application along Street Types B and
C which are identified as appropriate for high
levels of existing or planned pedestrian activity.
Development standards for this frontage require
buildings oriented to public sidewalks with
residential ground floor uses with minimal front
setbacks, ground floors elevated above adjacent
sidewalk grade, and parking to the rear of occupied
building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 19
and 20.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 3 feet minimum, 5 feet
maximum.
b. Side Setbacks (B): 0 feet maximum, or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
2. Front building setbacks on Fort Harrison Avenue,
Cleveland Street, and Osceola Avenue shall be
increased to the extent required to allow for the
creation of sidewalks widths consistent with the
Master Streetscape Plan within the Clearwater
Downtown Redevelopment Plan.
3. To promote continuity of frontages along front
setbacks, the space between buildings on the same
or adjacent sites shall be 20 feet maximum and may
be occupied by a mid-block pedestrian passageway
open for tenant use. Where such space is provided
with no pedestrian passageway, a 6-foot minimum,
or 8-foot maximum high brick or other masonry wall,
wall with masonry columns linked by substantial grill
work, or wall designed to match the architectural
design of the building shall be constructed in line
with the front building facade.
SECTION C-407. URBAN RESIDENTIAL 1 FRONTAGE
Figure 18. Urban Residential 1 Example
B
Building
C
Rear
Parking
D
B
AAA
Figure 19. Urban Residential 1 Building Placement
Figure 20. Urban Residential 1 Parking & Projections
E
Building
Rear
Parking
F
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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C) Front Setback Improvements
1. The front setback area shall be improved with
landscape areas and walkways providing access to
common building entries and to porches or stoops
at entries to ground floor units. Walkways to building
entries shall generally match sidewalk grade.
2. Landscaping in the front setback area shall
comply with landscape requirements in Section
3-1202.
3. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are
prohibited within front setbacks.
4. Fenced, walled, or otherwise enclosed patios
or other forms of enclosed outdoor space are
not permitted for ground floor units along street
frontage.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. The finished floor elevation of ground floor
residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches
maximum above the grade of adjacent
sidewalks.
c. Primary entries to individual ground floor units
and shared lobby space providing access to
upper story units shall be located along the
front facade and be visible from streets and
sidewalks.
3. Stoops shall be provided at entries to individual
ground floor units and be designed to meet the
following standards (E):
a. Stoops may project 5 feet maximum from front
building facades into setbacks.
b. Stoops shall include stairs and landings
providing access to unit entries with low walls
or railings on stairs and landings as required by
Florida Building Code.
c. No more than two front stoops serving
adjacent units shall be connected.
d. Landscape areas between stoops may
be defined by curbing or low walls. Such
landscaping shall comply with landscape
requirements in Section 3-1202.
4. Canopies or other forms of weather protection
shall be provided at front building entries to shared
ground floor lobby space and shall meet the
standards in Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Appendix C, Division 5.
2. Parking shall be located to the rear of the property
away from the primary street frontage and corner
locations. Parking to the side of buildings is
prohibited.
3. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (F).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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A) General
The Urban Residential 2 Frontage Standards are
intended for application along Street Type D which
is identified as appropriate for a mix of land uses
and building types. Development standards for
this frontage require buildings oriented to public
sidewalks with residential ground floor uses with
modest front setbacks, ground floors elevated above
adjacent sidewalk grade, and parking to the rear of
occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 22
and 23.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 8 feet minimum, 15 feet
maximum.
b. Side Setbacks (B): 5 feet minimum or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
C) Front Setback Improvements
1. The front setback area shall be improved with
landscape areas and walkways providing access to
common building entries and to porches or stoops
at entries to ground floor units. Walkways to building
entries shall generally match sidewalk grade.
2. Landscaping in the front setback area shall
comply with landscape requirements in Section
3-1202.
3. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are
prohibited within front setbacks.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
SECTION C-408. URBAN RESIDENTIAL 2 FRONTAGE
Figure 21. Urban Residential 2 Example
B
C
Building
Rear
Parking
B
D
AAA
Figure 22. Urban Residential 2 Building Placement
Figure 23. Urban Residential 2 Parking & Projections
Building
Rear
Parking
E
F
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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b. The finished floor elevation of ground floor
residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches
maximum above the grade of adjacent
sidewalks.
c. Primary entries to individual ground floor units,
where provided, and shared lobby space shall
be located along the front facade and be visible
from streets and sidewalks.
3. Where primary entries to individual ground
floor units are located along the front facade, front
porches or stoops shall be provided at entries and
designed to meet the following standards (E):
a. Porches and stoops may project 4 feet
minimum, 8 feet maximum from front building
facades into setbacks but shall be located no
closer than 2 feet from public sidewalks.
b. No more than two front porches or stoops
serving adjacent units shall be connected.
c. Landscape areas at least 8 feet in width as
measured along the front building facade shall
be provided between individual or connected
porches or stoops.
4. Canopies or other forms of weather protection
shall be provided at front building entries to shared
ground floor lobby space and shall meet the
standards in Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Division 5.
2. Parking shall be located to the rear of the property
away from the primary street frontage and corner
locations. Parking to the side of buildings is
prohibited.
3. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (F).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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A) General
The Neighborhood Infill Frontage Standards are
intended for application along Street Type E which is
identified as appropriate for residential development
and redevelopment. Development standards
for this frontage require attached and detached
dwellings oriented to public sidewalks with modest
landscaped front setbacks and parking to the rear of
occupied building space with parking to the rear of
occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 25
and 26.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 8 feet minimum, 15 feet
maximum.
b. Side Setbacks (B): 5 feet minimum or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
C) Front Setback Improvements
1. The front setback area shall be improved with
landscape areas and walkways providing access to
common building entries and to porches or stoops
at entries to ground floor units. Walkways to building
entries shall generally match sidewalk grade.
2. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are not
permitted within front setbacks.
3. Fenced, walled, or otherwise enclosed patios or
other forms of outdoor space are not permitted for
ground floor units along street frontage.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
Figure 24. Neighborhood Infi ll Example
B
B
CA
Building
CA
D
Rear
Parking
SECTION C-409. NEIGHBORHOOD INFILL FRONTAGE
Figure 25. Neighborhood Infi ll Building Placement
Figure 26. Neighborhood Infi ll Parking & Projections
Building
E
Rear
Parking
Rear
Parking
F
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. The finished floor elevation of ground floor
residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches
maximum above the grade of adjacent
sidewalks.
c. Primary entries to ground floor units and
shared lobby space shall be located along the
front facade and be visible from streets and
sidewalks.
3. Front porches or stoops shall be provided at
entries to individual ground floor units and be
designed to meet the following standards (E):
a. Porches may project 6 feet minimum, 10 feet
maximum from front building facades into
setbacks. Stoops may project 4 feet minimum,
6 feet maximum from front building facades
into setbacks. Neither shall be located closer
than 2 feet from front property line.
b. For buildings at corner locations, porches shall
be oriented to the primary street frontage
and wrap around from to the facade along
the secondary street frontage and extend 6
feet minimum along the facade facing the
secondary street frontage.
c. No more than two front porches or stoops
serving adjacent units shall be connected.
d. Landscape areas shall be provided between
individual or connected porches or stoops and
shall be at least 8 feet in length as measured
along the front building facade.
4. Canopies or other forms of weather protection
shall be provided at front building entries to
shared ground floor lobby space and shall meet
the standards in Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet the standards
in Appendix C, Division 5.
2. Surface parking shall be located to the rear of
buildings away from the primary street frontage and
corner locations.
3. Parking to the side of buildings behind front
building facades is permitted only for single family
detached dwellings and duplex building types. Such
parking shall be in single width private driveways
perpendicular to the right-of-way and may be
located in front and side setbacks but may be no
closer than 2 feet from side lot lines.
4. Surface parking lots serving multiple dwelling
units shall comply with side and rear building
setbacks. Side and/or rear setbacks shall not apply
between surface parking lots on abutting properties
which provide for shared access and use.
5. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
6. Parking and vehicular circulation areas
incorporated in the ground floor of a building
or parking garage shall be located behind fully-
enclosed, occupied building space along street
frontages with a depth of 20 feet minimum (F).
7. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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A) General
The Neighborhood Conservation Frontage Standards
are intended for application along Street Type F
which is identified as appropriate for residential
development and redevelopment. Development
standards for this frontage require detached
dwellings and attached dwellings (two units
maximum, may include detached dwelling with one
carriage house), as described in Table 4. Attached
Dwelling Types General. oriented to public sidewalks
with front lawns and parking to the rear of occupied
building space with allowance for limited parking in
private driveways to the side of houses.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 28
and 29.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 20 feet minimum.
b. Side Setbacks (B): 5 feet minimum.
c. Rear Setbacks (C): 10 feet minimum.
2. Front setbacks shall be no greater than the
average setback for buildings along the same block
frontage.
C) Front Setback Improvements
1. The front setback area shall be improved with
lawn and landscape areas.
2. Walkways may be provided to connect public
sidewalks with porches or stoops at entries to
ground floor units. Walkways to building entries shall
generally match sidewalk grade.
3. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are not
permitted within front setbacks except that picket
fences no higher than 36 inches in height may be
permitted to define the front yards of individual
units.
4. Fenced, walled, or otherwise enclosed patios
or other forms of enclosed outdoor space are not
permitted in front setbacks.
SECTION C-410. NEIGHBORHOOD CONSERVATION FRONTAGE
Figure 27. Neighborhood Conservation Example
C
C
C
A
A
A
Attached Dwellings
Detatched Dwelling
D
B
B
B
D
B
Figure 28. Neighborhood Conservation Building
Placement
Figure 29. Neighborhood Conservation Parking &
Projections
G
E
E
E
F
F
F
Rear
Parking
Rear
Parking
G
G
Driveway Parking
Driveway Parking
Driveway Parking
Attached Dwellings
Detatched Dwelling
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. Primary entries to ground floor units shall be
located along the front facade and be visible
from streets and sidewalks.
3. Front porches or stoops shall be provided at
entries to individual units and be designed to meet
the following standards (E):
a. Porches may project 6 feet minimum, 10 feet
maximum from front building facades into
setbacks. Stoops may project 4 feet minimum,
6 feet maximum from front building facades
into setbacks.
b. For buildings at corner locations, porches shall
be oriented to the primary street frontage
and wrap around from to the facade along
the secondary street frontage and extend 6
feet minimum along the facade facing the
secondary street frontage.
c. No more than two front porches or stoops
serving attached units shall be connected.
d. Landscape areas shall be provided between
individual or connected porches or stoops and
shall be at least 8 feet in length as measured
along the front building facade.
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards the
in Appendix C, Division 5.
2. Surface parking lots shall be located to the rear of
buildings away from the primary street frontage and
corner locations.
3. Parking is permitted in single width private
driveways. Such driveways shall meet the side
setback requirement and be located to the side of
buildings (F).
4. Parking incorporated in enclosed garages or the
ground floor of a detached or attached dwelling shall
be set back 5 feet minimum from the front building
facade (G).
5. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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SECTION C-411. FRONTAGE ALONG
SERVICE STREETS
A) Building Setbacks
Buildings with frontage along streets designated as
Service Streets on Figure 2. Regulating Plans - Street
Types and Key Corners, shall be placed consistent
with the following building setbacks from property
lines:
1. Front Setbacks: 5 feet minimum.
2. Side Setbacks: 10 feet minimum.
3. Rear Setbacks: 10 feet minimum.
B) Front Setback Improvements
The front setback area shall be improved with
landscaping and fencing to buffer parking lot or
parking structures and service areas. Such buffers
and fencing shall comply with standards in Appendix
C, Division 5.
C) Parking & Vehicular Circulation
Parking, vehicular circulation, and other vehicular
use areas are permitted along the frontage and
shall be located and designed to meet standards in
Appendix C, Division 5.
Column intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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Division 5. Site Design Standards
SECTION C-501. GENERAL
Projects within the Downtown District shall be
designed to advance goals for the creation of
active, attractive, safe, and comfortable streets,
streetscapes, and public spaces in Downtown
Clearwater. Projects shall be designed to contribute
to and create a walkable urban environment with
generally consistent setbacks along street frontages,
active ground floor uses, front building entries,
and attractive storefronts. Vehicular parking and
service areas shall be located primarily to the rear of
buildings and appropriately screened to minimize
the visual impact on streets, streetscapes, and public
spaces. The existing street grid shall be retained
and expanded where possible, curb cuts shall be
minimized, and streetscapes shall be improved
to provide for a safe and convenient pedestrian
network.
SECTION C-502. DEVELOPMENT
PATTERN
A) Existing Street Preservation
The existing street network shall be maintained. The
vacation of existing public streets and alleys shall
be discouraged unless new public streets and alleys
are constructed to replace and serve the function of
those vacated.
B) Development Blocks & Lots
1. Projects shall be configured with development
blocks scaled to accommodate buildings, public
spaces, and mid-block off-street parking and service
areas.
2. Block dimensions shall generally be as follows but
may be adjusted to account for irregularly shaped
parcels, utilities and utility easements, stormwater
conveyance systems, and other features.
a. Minimum block length: 200 feet
b. Maximum block length: 600 feet
3. Lots shall maintain a consistent size, scale, pattern
and rhythm of the surrounding block(s).
C) New Private Drives
Projects on sites of 5 acres or more shall be
developed with new private drives designed
consistent with the following standards:
1. New private drives shall be configured to
create interconnected networks of drives defining
development blocks as described in Appendix C,
Section C-502.B and serve as secondary vehicular
travel ways for vehicles and pedestrians.
2. New private drives shall be designed as two-
way drives designed with a minimum 6-foot wide
landscape strip with shade trees between curbs and
sidewalks, and a continuous pedestrian zone with a
6-foot minimum wide unobstructed sidewalk. These
drives may include parallel parking, landscaped
medians, bike lanes, and other features.
3. New private drives shall be configured to align
with existing or planned streets or drives on adjacent
sites to create an interconnected network. Stub outs
shall be provided to allow future connections to
adjacent sites.
D) New Private Service Drives
To access parking and service areas located
behind buildings where access by public alley is
not available, new private services drives shall be
constructed and designed consistent with the
following standards:
1. New service drives shall be designed for one- or
two-way travel.
2. In locations where new service drives provide
access to multiple lots and where rear lot solid waste
collection is planned, new service drives shall be
designed to accommodate through block travel with
no dead end or cul-de-sac.
3. For residential projects, new service drives shall
be designed with sufficient space to allow for vehicle
turning movements to access enclosed parking.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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SECTION C-503. ACCESS & CIRCULATION
A) Site Access
1. All vehicular access shall occur from the rear of
the property via a public alley (either existing or
constructed as part of a development proposal),
private service drive, or via a cross access easement
from an adjacent property. Should none of these
options be available or are determined to be
infeasible by the City, vehicular access shall be
permitted from a secondary street frontage.
Vehicular access shall only be permitted from a
primary street frontage when none of the above
means of vehicular access is determined by the City
to be available.
2. Existing curb cuts shall be closed where possible
and/or consolidated to minimize impacts on
pedestrian circulation along public sidewalks.
3. Establishing joint/common access drives, where
such drives are permitted, is encouraged to minimize
curb cuts and impacts on pedestrian circulation
along public sidewalks.
B) Streetscape Improvements
Improvements to streetscapes within rights-of-
way along lot frontages, including reconstruction
shall be required pursuant Section 3-1701. To the
extent possible given right-of-way limits and utility
conflicts, and with approval of the FDOT, Pinellas
County, and/or the City, reconstruction shall follow
the standards for streetscapes found in the Master
Streetscape Plan within the Clearwater Downtown
Redevelopment Plan.
C) Pedestrian Circulation & Access
1. Pedestrian walkways shall be provided to access
parking lots and parking structures behind or to the
side of buildings, connect destinations on adjacent
properties, connect front building entries to adjacent
sidewalks, and allow pedestrian circulation through
parking lots to create a continuous pedestrian
network.
2. Pedestrian walkways shall be 6-foot wide
minimum and free of obstructions.
3. Pedestrian walkways that cross a parking area or
other vehicular use areas shall be clearly marked with
striping, contrasting paving materials (e.g., light-
color concrete inlay between asphalt), textured or
raised pavement, or other appropriate treatment as
approved by City staff.
4. Where specialty paving, such as pavers, decorative
concrete, or other materials, is used for public
sidewalks or other pedestrian walkways, the
specialty paving shall continue across parking access
drive aisles.
5. Pedestrian walkways provided between buildings
shall be designed to meet the following standards.
a. Where blocks are longer than 600 feet, one
mid-block pedestrian walkway open to the
public during regular building hours shall be
provided.
b. Pedestrian walkways between buildings shall
be at least 15-foot wide and 20-foot wide on
average.
c. Pedestrian scale lighting shall be provided
along pedestrian facilities.
D) Cross Parcel Connections
To facilitate circulation and improve accessibility,
vehicle and pedestrian paths on adjacent sites
shall be interconnected. Parking lot drive aisles,
private drives, private service drives, and pedestrian
walkways shall be aligned and connected, and drive
aisle stub outs shall be constructed on properties
abutting undeveloped sites to allow for future
connections.
E) Connection to Trails
Pedestrian and bicycle connections to the Pinellas
Trail and/or Druid Trail, or future trails, bikeways, or
the like, that are visible from public rights-of-way
and/or building entrances shall be incorporated into
site plans where property is adjacent to the Trail(s).
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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SECTION C-504. PARKING & SERVICE
AREAS
A) Surface Parking
1. Surface parking and services areas shall be
designed to meet the landscaping standards set
forth in Article 3, Division 12 and the parking and
loading standards set forth in Article 3, Division 14.
2. Surface parking lots shall be screened from
abutting residential uses by fences or walls six feet in
height.
3. Interior islands of parking lots in new projects
shall be designed to utilize Low Impact Development
techniques such as bioretention swales and native
species. Where parking curbs and gutters are
provided, they shall have breaks to allow water to
enter the bioretention facilities within the parking
landscape islands. Parking lots with less than 20
spaces are exempt from interior island requirements
in Section 3-1202.E.2 of this Development Code.
B) Structured Parking
All structured parking, whether freestanding,
attached to a building, or integrated into a building
envelope, shall be designed to comply with
requirements for parking garages set forth in Article
3, Division 14, and design standards in Divisions 4
and 6 in these standards.
C) Service Areas
1. Service areas, including areas providing access
to loading docks and areas designated for the
placement of waste containers and recycling
equipment, shall be located to the rear of buildings
in the most unobtrusive location possible and
screened from adjacent properties and rights-
of-way with architecturally finished walls and
gated enclosures designed consistent with and
complementary to the exterior facade of the
building.
2. Service areas, including areas providing access
to loading docks and areas designated for the
placement of waste containers and recycling
equipment, shall be accessed from secondary streets
and alleys.
SECTION C-505. GARAGES FOR
ATTACHED OR DETACHED DWELLINGS
Garages shall be located behind the principal
building and accessed from public alleys, private
drives, or private service drives. Where public alleys,
private drives, or private service drives are not
provided, single width private driveways no greater
than 10 feet in width maximum are permitted and
the following standards shall apply.
1. Attached, front facing garages serving detached
dwellings, where permitted, shall be set back
5 feet minimum from the front facade of the
building.
2. Detached garages shall be located behind the
principle building and accessed from a single
width private driveway.
3. Attached or detached garages on corner sites
shall be located to the rear of the property away
from the primary street frontage, oriented toward
a secondary street frontage, and accessed from a
single width private driveway.
SECTION C-506. LANDSCAPE & FENCING/
WALLS
A) Landscape Requirements in Article 3, Division 12
Landscape improvements shall meet the general
landscaping standards set forth in Article 3, Division
12 n addition to the frontage standards in Appendix
C, Division 4 and landscape and parking standards in
Appendix C, Division 5.
B) Fences & Walls
1. Fences and/or walls, where permitted along
side and/or rear property lines, shall be located
behind front building facades, and shall be painted,
architecturally finished and designed consistent with
and complementary to the exterior facade of the
building.
2. Chain link, razor wire, barbed wire, or other similar
fences are prohibited.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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C) Utility/Infrastructure Facilities
Utility/Infrastructure facilities other than
telecommunication towers and utility distribution
lines shall be screened from public view by
landscape screens or architecturally-finished walls
and enclosures.
SECTION C-507. STORMWATER
MANAGEMENT
Stormwater retention and detention areas are
not permitted in front setbacks unless located
underground in exfiltration trenches or open-
bottomed underground storage and retention
systems, or as part of a Low Impact Development
stormwater management system incorporating
features such as rain gardens and vegetative swales,
or pervious pavers or pavement for pedestrian use.
Traditional stormwater facilities such as dry and/or
wet retention/detention ponds are permitted to the
rear and side of buildings.
SECTION C-508. WATERFRONT
DEVELOPMENT
Waterfront development shall be located and
designed to meet all of the following standards.
A) Waterfront Setback
Waterfront development shall maintain waterfront
setback of 20 feet minimum from the sea wall,
property line, or mean high water line, whichever is
most interior to the property.
B) Parking
1. Residential uses along Clearwater Harbor shall
be designed with parking garages or with parking
areas internal to the site/building and screened from
Clearwater Harbor.
2. Perimeter screening shall not be required for
public parking located along waterfronts.
SECTION C-509. DRIVE-THROUGH
FACILITIES
Permitted ancillary drive-through facilities, including
all improvements associated with the drive-through
activity such as entry and exit drives, stacking
lanes, service windows, canopies, ATM kiosks, and
informational signage, shall be located and designed
to meet all of the following standards.
A) Location & Screening
Drive-through facilities shall be located to the rear
of the principal building, as illustrated in Figure 30.
Drive-Through Facilities.
B) Stacking Lanes
1. Stacking lanes shall be scaled to ensure queuing
vehicles do not block driveways, access to parking
areas, or pedestrian walkways.
2. Stacking lanes located along pedestrian walkways
shall be screened with landscaping and a wall 24 to
36 inches in height designed to complement the
exterior facade of the building.
C) Signage
Sufficient on-site signage and pavement markings
shall be provided to mark pedestrian walkways and
crossings, and to indicate direction of vehicular
travel and other conditions required to ensure safe
vehicular and pedestrian movement.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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Figure 30. Drive-Through Facilities Column intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
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Division 6. Building Design Standards
SECTION C-601. GENERAL
To support the creation of more pedestrian- and
transit-accessible destinations, buildings shall be
oriented toward adjacent streets and designed to
contribute to the creation of attractive, accessible
destinations. Building facades along streets and
public spaces shall be designed with attractive
ground floor facades, well-defined building entries,
and shall use quality building materials.
SECTION C-602. FACADE TREATMENT &
DESIGN
A) Complementary Design
All buildings and structures in projects with
multiple buildings and structures, including parking
structures, shall have complementary architectural
details, materials, colors, and design treatments. For
the purpose of this section, buildings and structures
shall include primary buildings, accessory structures,
parking structures, open air enclosures, fences and
walls, and other vertical improvements. The intent of
this provision is not to require a single design theme
or motif for projects with multiple buildings and/
or multiple tenants but to ensure a consistent level
of quality in the design and detailing of buildings,
parking structures, and other vertical improvements.
B) Facade Articulation
1. Buildings shall be designed with clearly
articulated bases to define the extent of the public
realm, provide spatial enclosure, and mediate
differences in scale between adjacent buildings.
Building bases shall constitute the facades of the
first one or two stories of the building. Distinctions
between building bases and upper story facades
shall be established through the use of changes
in material and color, the use of minor step backs
for upper story facades, and architectural molding,
cornice lines, or other modest projections.
2. To break up building facades along street
frontages, facades shall be divided vertically into
bays, as illustrated in Figure 31. Facade Bays &
Articulation. Facade bay widths shall range between
20 to 35 feet establishing a rhythm of vertical
modules unified by a complementary rhythm of
windows and window groupings. Facade bays shall
be distinguished by varying fenestration patterns,
recessing wall planes, varying building materials, or
establishing a rhythm of architectural elements such
as pilasters or window bays.
Figure 31. Facade Bays & Articulation Figure 32. Corner Treatments
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3. To avoid flat, continuous facades above the
ground floor on all building sides, the maximum
length of an upper floor facade section shall be
between 80 and 120 feet and the articulation
between upper floor facade sections shall be
accomplished by recessing the facade 2 feet
minimum for a distance of at least 10 feet as
illustrated in Figure 31. Facade Bays & Articulation.
4. Vertical or horizontal changes in the plane of a
building facade for step backs, facade articulation,
or other purposes shall be differentiated by
architectural features including but not limited
to coping, balustrades, cornice lines, change in
materials, or changes in color.
5. Blank sections of ground floor building facades
fronting streets, public spaces, and surface parking
areas shall not exceed 20 feet in length. Elements
such as windows, doors, balconies, columns,
pilasters, changes in material, or other architectural
details that provide visual interest shall be
distributed across the facade in a manner consistent
with the overall design of the building.
C) Facade Materials
All building facades within view of a public street,
pedestrian walkway, waterfront, or other public
space, including side and rear facades, shall be
constructed of high quality materials such as
brick, stone, architectural block, concrete with an
architectural finish, and traditional cementitious
stucco. Side and rear facades shall use materials and
design features similar to or complementary to those
of the front facade. The use of metal facades shall not
be permitted.
D) Prohibited Glass Treatments on Ground Floors
The use of reflective, translucent, fritted, and other
forms of non-transparent glass in wall and window
systems on ground floor facades is prohibited.
E) Corner Facades
1. To create a seamless transition between the
facades of a building at a street corner, both
street-facing facades shall be designed with equal
architectural quality and detail as illustrated in
Figure 32. Corner Treatments.
2. Facade materials, window and wall treatments,
and design elements such as signs and awnings
shall be included on both sides of the building
facade. Additional corner emphasis with chamfered
or rounded facades, corner entries accentuated
through changes in design treatments, materials,
canopy projections, roof or parapet forms, or
through other architectural methods is required.
F) Parking Structures Design
1. Parking structures shall be designed with
architecturally-finished facades that complement
the details, materials, colors, and design treatments
of buildings in the project to contribute positively to
the overall character of a project.
2. The ground level facades of parking structures
along Service Street Types, public alleys, private
drives, private service drives, and pedestrian
walkways shall be designed with architectural
screening of openings, trellis or canopy projections,
or other architectural treatments to create safe,
comfortable, and quality pedestrian environments.
G) Security & Hurricane Protection
1. Security bars are prohibited on windows or doors
visible from public streets, public sidewalks, or public
spaces.
2. Hurricane shutters, if provided, shall be fitted as
an integral part of the storefront design, not visible
when not in use, and only be used during the time
frame in which a formally issued hurricane warning is
in effect.
H) Facade Lighting
Light Emitting Diode (LED) rope/ribbon lighting,
neon lighting, or other types of lighting used to
outline windows, signs, or other architectural
features shall be prohibited.
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SECTION C-603.AWNINGS, CANOPIES, &
BALCONIES
1. Ground floor awnings, canopies, and other forms
of shading devices or structures, where provided,
shall comply with the following standards.
a. Such devices and structures shall project 5 feet
minimum, 10 feet maximum from the front
facade with the exception that in no case shall
such projection be closer than five feet from
the curbline.
b. Such devices and structures shall be permitted
into required setbacks and over street rights-
of-way provided a clearance of eight feet over
grade is maintained.
c. Such devices and structures with supports may
be located up to the property line.
d. Such devices and structures that project
into rights-of-way shall be cantilevered or
suspended from the building facade.
2. Awnings, canopies, or other forms of shading
devices or structures are permitted on upper stories
and shall not extend further than 36 inches from the
facade.
3. Awnings, canopies, or other forms of shading
devices or structures shall not be backlit or
constructed of high-gloss material or fabric which
appears to be plastic, or be clad with barrel tiles,
asphalt shingles, or other standard roofing materials.
4. Balconies or other projections may encroach into
front setbacks. Awnings or canopies provided for
balconies shall not extend forward of the balcony.
SECTION C-604. ROOF DESIGN
Flat or pitched roofs are permitted for all building
types. Edges of pitched roofs shall be accentuated
with eaves and flat roofs shall have parapet walls,
decorative cornices, and/or other architectural
features. Mansard roof forms are prohibited.
SECTION C-605. BUILDING ENTRIES
A) Location
1. Building entries opening onto parking located to
the side or rear of buildings shall not be considered
primary building entries.
2. For sites with multiple frontages, the primary
building entry or entries shall be located along
the primary street frontage or at the corner of
the primary street frontage and secondary street
frontage.
B) Design Treatment
Primary building entries, including main entries
to individual tenant spaces and to lobbies used
to access upper story building space, shall
be distinguished by facade design, materials,
articulation, or other architectural treatments that
provide interest to the building facade and draw
attention to the entrance.
SECTION C-606. MECHANICAL
EQUIPMENT
Outdoor mechanical, electrical, and communication
equipment, including heating, air conditioning,
and ventilation equipment; venting and vent
terminations for commercial hoods; electric
meters; mechanical penthouses; electrical and
communication equipment, panels, and cabinets;
satellite dishes; and similar features shall be located
and designed to meet all of the following standards.
A) Equipment Placement
Outdoor mechanical, electrical, and communication
equipment, shall be placed on roofs or to the rear
or side of buildings and shall not be placed in front
setbacks.
B) Equipment Screening
Equipment shall be screened from public view
by landscape screens or architecturally-finished
walls and enclosures designed consistent with the
exterior facade of the building. Rooftop mechanical
and elevator penthouses shall be designed to
complement the design of street-facing building
facades and shall be clad on all sides in material used
on street-facing facades.
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SECTION C-607. ATTACHED DWELLING
TYPES
Table 4. Attached Dwelling Types General provides
an overview of several types of attached dwellings
which could be permitted in the Downtown District,
consistent with the applicable frontage standards
in Division 4. Attached dwellings may also be part
of mixed-use projects at various scales, where
residential uses are integrated vertically.
Column intentionally Blank
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Attached Dwelling Type Description Building Frontage
Duplex: A residential building with the design character of a
large single family home, but occupied by two households living
separately in attached units. Said units may be attached front-to-
back, side-to-side, or be stacked (up and downs).
Urban Residential 2
Neighborhood Infi ll
Neighborhood Conservation
Carriage House: An accessory dwelling unit to a primary dwelling
unit on the same site. A carriage house provides permanent
provisions for living, sleeping, eating, cooking and sanitation, and
can be on the ground fl oor or above a garage, but shall be attached
to the garage.
Neighborhood Infi ll
Neighborhood Conservation
Townhomes: Also called townhouses, a residential building
occupied by households living separately in three or more attached
units. Said units are attached side-by-side in a two to three story
confi guration.
Urban Residential 1
Urban Residential 2
Neighborhood Infi ll
Fourplex: A residential building occupied by four households in
four separate units with two on the ground fl oor and two above
while sharing a single entryway.
Urban Residential 2
Neighborhood Infi ll
Small Multiplex: A residential building typically occupied by fi ve
to ten households living separately in fi ve to ten attached units.
Units within a small multiplex may have a variety of confi gurations,
including side-by-side, front-to-back, and stacked.
Urban Residential 2
Neighborhood Infi ll
Table 4. Attached Dwelling Types General
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Attached Dwelling Type Description Building Frontage
Large Multiplex: A residential building typically occupied by 11
to 20 households living separately in 11 to 20 attached units. Units
within a large multiplex may have a variety of confi gurations,
including side-by-side and stacked, typically with one shared entry.
Urban Residential 1
Urban Residential 2
Mid Rise: A residential building typically occupied by multiple
households living separately. Mid rise buildings typically are fi ve to
seven stories in height, and contain structured parking for residents
and guests.
Urban Residential 1
Urban Residential 2
High Rise: A residential building typically occupied by multiple
households living separately. High rise buildings are typically
greater than seven stories in height, and contain structured parking
for residents and guests.
Urban Residential 1
Urban Residential 2
Figure 4. Attached Dwelling Types General (continued)
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Division 7. Sign Standards [Reserved]
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Division 8. Flexibility
SECTION C-801. GENERAL
Flexibility in the application of development
standards in Appendix C, Divisions 3, 4, 5, and 6
may be approved by the Community Development
Coordinator or Community Development Board
as provided below. Where flexibility is allowed, the
level of flexibility permitted shall be the minimum
extent required to address flexibility standards and
requirements.
SECTION C-802. PROCESS
Authority to grant flexibility shall follow the approval
levels indicated by use in Table 1. Use & Off-Street
Parking and shall be administered consistent with
the development review procedures in Article
4 of this Development Code. The Community
Development Coordinator shall have authority
to grant flexibility for Level One approvals and
the Community Development Board shall have
authority to grant flexibility for Level Two approvals.
Where flexibility is being requested for a Level One
Minimum Standard Development use, the request
shall be processed as a Level One Flexible Standard
Development.
SECTION C-803. FLEXIBILITY
PROVISIONS
Flexibility may be approved subject to the standards
below.
A) Frontage Standards - Properties with Multiple
Street Frontages
Flexibility in the orientation of front building facades
for attached and detached dwellings may be
approved to allow for frontage orientation consistent
with typical frontage orientation on surrounding
blocks.
B) Frontage Standards - Building Setbacks
1. Front building setbacks greater than the
maximums allowed may be approved for projects
with a publicly-accessible outdoor open space or site
constraints such as shape irregularities and/or the
presence of natural features, existing utilities, utility
easements, or access easements making meeting
setback requirements impractical or infeasible.
2. Flexibility in the application of front setback
requirements may be approved to allow new
development setbacks compatible with the
traditional character of development on adjacent
sites and block frontages.
3. Flexibility in the application of front setback
requirements to provide 10-foot minimum sidewalk
widths may be approved to allow new development
setbacks compatible with the traditional character of
development on adjacent sites and block frontages.
4. Side and rear setbacks less than the minimum
allowed may be approved for projects to allow
for innovative site designs that advance the goals
and objectives for the Clearwater Downtown
Redevelopment Plan.
5. The maximum spacing between individual
buildings along Storefront 1 and Urban Residential
1 Street Frontages may be increased or waived
for projects with one or more of the following
characteristics.
a. The proposed site configuration is designed to
incorporate natural features such as a stand of
mature trees, body of water, wetland or other
similar feature.
b. Placement of existing buildings and/or site
access and circulation constraints make it
infeasible to meet the standard.
c. The placement of publicly-accessible outdoor
plaza spaces to the side of the building results
in increased spacing to accommodate the
plaza.
Where flexibility in the standard is allowed,
enhanced landscaping and the use of low walls
along street frontages to screen parking and define
the edge of pedestrian walkways shall be required.
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C) Frontage Standards - Fences & Walls Along
Street Frontages
Flexibility in the prohibition of fences and walls in
front of buildings along Street Types D, E, and F may
be approved where the placement of a fence or wall
in front of the building does not negatively affect
the project’s pedestrian orientation or is found to
be compatible with front setback conditions on
abutting and nearby properties. Where flexibility
is approved, fence or wall height shall be 6 feet
maximum, and any portion above three feet in
height shall be at least 50 percent open (i.e., picket
style).
D) Frontage Standards - Front Building Facades &
Entries
1. For buildings with multiple street frontages,
required glazing below 4 feet along secondary
street frontages may be exempt from the daylight
reduction (tinting) standard. No reflective or
mirrored coating or treatments are permitted. These
flexibility provisions are illustrated in Figure 33.
Frontage Design Flexibility.
2. Flexibility in locating building entries on
secondary street frontages may be approved as
long as facades on primary and secondary street
frontages are designed to meet applicable standards
and the primary building entry is located on the
primary street frontage or corner.
3. Flexibility in the application of finished floor
elevation standards for residential buildings may be
approved to accommodate projects on sloping sites
or projects with innovative building types.
E) Frontage Standards - Parking
1. Flexibility in the application of landscape and
wall requirements to screen surface parking, service
areas, and structured parking, may be approved
where alternative design treatments result in all of
the following.
a. The screening of vehicles from view along
public sidewalks.
b. The physical separation of pedestrian use and
vehicular use areas.
c. The creation of safe, comfortable, and quality
pedestrian environments along pedestrian
walkways and public sidewalks.
Figure 33. Frontage Design Flexibility
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2. Flexibility to allow surface or ground floor parking
and other vehicular use areas, including vehicular
loading/unloading areas and passenger drop off
areas, may be approved along secondary street
frontages. If approved, such areas shall be located to
the rear of the property, set back from front building
corners 20 feet minimum, and include architectural
and landscape screening and other treatments that
contribute to the creation of safe and comfortable
pedestrian environments along pedestrian walkways
and public sidewalks. Curb cuts from secondary
street frontage to access such locations shall be
minimized.
3. Flexibility to allow single width private driveways
located in side setbacks no closer than 2 feet from
side lot lines may be approved along Street Type F
for projects where the adjacent property’s driveway
is not located within the side setback on the shared
property line for which the flexibility is required.
F) Frontage Standards - Attached & Detached
Dwellings
Flexibility in meeting frontage requirements
for attached or detached dwelling projects
may be approved if a project utilizes innovative
building types or styles such as bungalow court
configurations, carriage houses, or the like. Flexibility
shall only be approved along Street Types E and F.
G) Site Design Standards - Development Pattern
Flexibility in the application of requirements for
development blocks and lots, new private drives,
and new private service drives may be approved for
projects on sites where the applicant demonstrates
that site size, dimension, shape, or presence of
constraints such as natural areas, utilities or utility
easements, or other existing features make meeting
these requirements infeasible.
H) Building Design Standards - Facade Design &
Articulation
Flexibility in meeting the facade design and
articulation standards may be approved where the
alternative design treatment provides a varied and
interesting design and the alternative treatment
is integral to the building’s design and results in
facades of equal or better quality than the standards
would produce.
I) Building Design Standards - Glass Treatments
Flexibility in applying glass treatment standards may
be permitted for buildings that incorporate stained
or art glass as an integral part of the building design
and still provide for the minimum level of glazing as
required under Appendix C, Division 4.
J) General Flexibility Provisions
Flexibility in the application of development
standards for places of worship, certain indoor
recreation uses such as auditoria, museums,
and stadiums, and public utilities uses may be
approved. Buildings and improvements shall include
architectural and landscape screening and other
treatments that contribute to the creation of safe
and comfortable pedestrian environments along
pedestrian walkways and public sidewalks.
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Division 9. Administration
SECTION C-901. SITE PLAN APPROVALS
The final decision-making authority for site plans is
either the Community Development Coordinator for
Level One approvals or the Community Development
Board for Level Two approvals, as specified in
Article 4. The level of approval required varies by
use and character district as specified in Table 1.
Use & Off-Street Parking, which identifies whether
a use can be approved as a Building Construction
Permit (Level 1 Minimum Standard), or if Community
Development Coordinator (Level 1 Flexible Standard
Development) or Community Development Board
(Level 2 Flexible Development) approval is required.
Projects requesting flexibility in the application of
development standards shall follow the process
established in Appendix C, Section C-802.
SECTION C-902. AMENDING STREET
TYPES & KEY CORNERS
Changing a designated street type or key corner
designation requires an amendment to Figure 2.
Regulating Plan – Street Types and Key Corners,
which is a text amendment. Text amendments will
be processed in accordance with Section 4-601.
A request to amend a street type or key corner
designation must also include an application for
development approval.
SECTION C-903. REGULATING PLAN
ADJUSTMENTS
A) Minor Street Type Adjustments
The street type designation along front property
lines may be adjusted up to 100 feet administratively
by the Community Development Coordinator
provided that such adjustments do not negatively
affect the project’s pedestrian- and transit-
orientation.
B) Street Type on Existing or New Public Streets
Upon approval of a development project which
includes new public streets or existing public streets
where a street type was not previously depicted in
Figure 2. Regulating Plan – Street Types and Key
Corners, the Community Development Coordinator
will make an administrative adjustment to Figure 2.
Regulating Plan – Street Types and Key Corners to
reflect the approved street type(s).
MOTION TO AMEND ORDINANCE NO. 9149-18
On pages 32 and 33 of the ordinance, Figure 2. Regulating Plan – Street Types and
Key Corners is amended as depicted on Figure 2 included herein and generally
described as follows:
1. Change the Street Type designation applied on certain properties from Type E to
Type D:
a. Certain corner properties on Cedar, Seminole, Eldridge and Nicholson Streets
and on Garden Avenue;
b. The west side of Blanche B. Littlejohn between Eldridge and Nicholson Streets
c. The west side of Garden Avenue between Eldridge and Nicholson Streets;
d. The east side of Osceola Avenue between Eldridge and Nicholson Streets
e. The north and south sides of Jones Street between Garden and Myrtle
Avenues and certain corners of Jones Street
f.Certain corners at the NE Cleveland Street, Drew Street and Missouri Avenue
intersection;
g. The north and south sides of Grove Street between Knights Alley and Martin
Luther King, Jr. Avenue;
h. The east side and certain corners of Lincoln Avenue between Court and
Cleveland Streets; and
i.The west side of Hillcrest Avenue between Franklin and Court Streets and the
southwest corner of Franklin Street and Hillcrest Avenue.
2. Change the Street Type designation applied on certain properties from Type A to
Type B:
a. Ft. Harrison Avenue between Eldridge and Nicholson Streets; and
b. The west and east side of Osceola Avenue north of Pierce Street.
3. Change the Street Type designation applied to Osceola Avenue between Drew and
Jones Streets from Type E to Type C.
4. Change the Street Type designation applied to certain corners on Cleveland Street
from Type E to Type B
5. Change the Street Type designation applied to Drew Street between Myrtle and Martin
Luther King, Jr. Avenues from Type B and Type E to Type D.
6. Add additional street labels.
Motion to Amend Ordinance 9149-18 on Second Reading
2
Motion to Amend Ordinance 9149-18 on Second Reading
3
Motion to Amend Ordinance 9149-18 on Second Reading
4
On page 28 of the ordinance, Section C-104 is amended to read as follows to
update a code reference, to add language to clarify intent of exemptions, and to delete
subsection C:
B) Exemptions
The following types of development are exempt from all or a portion of the Development
Standards as follows:
1. Change of Use. Projects involving only a change in use are exempt from the Development
Standards in Appendix C, Divisions 4, 5 and 6 and bicycle parking requirements in Section C-
303.BC of these standards.
* * * * * * * * * *
3. Improvement or Remodel. Building improvement and remodel projects, including projects with
up to 7.5 percent or 5,000 square feet of additional floor area, whichever is less, excluding
detached dwellings, shall be exempt from the Development Standards as follows.
a. Building improvement or remodel projects valued at less than 25 percent of the total
assessed building value as reflected in the Property Appraiser’s current records at the time of
application or as established by a qualified independent appraiser using a recognized appraisal
method are exempt from the Development Standards in Appendix C, Divisions 4, 5 and 6,
except that the location of any new floor area, including accessory structures, shall be compliant
with all setback requirements in Division 4 of these standards.
b. Building improvement or remodel projects valued at 25 percent or more of the total assess
building value as reflected in the Property Appraiser’s current records at the time of application
or as established by a qualified independent appraiser using a recognized appraisal method are
exempt from all but Sections C-502.A, C-503.C, C-504, and C-506 of these standards.
Additionally, the location of any new floor area, including accessory structures, shall be
compliant with all setback requirements in Division 4 of these standards.
* * * * * * * * * *
C) Not Applicable CDC Sections
The landscaping standards set forth in Sections 3-1202.A.2 and 3-1202.A.3, and the parking
standards set forth in Sections 3-1401.B.2 and 3-1401.B.3 shall not apply.
Motion to Amend Ordinance 9149-18 on Second Reading
5
On page 34 of the ordinance, a new subsection 2 is being added to Section C-
301.A to add language regarding the Public Amenities Incentive Pool and subsequent
subsection is renumbered:
A) Maximum Development Potential
* * * * * * * * * *
2. The Public Amenities Incentive Pool and the Pool allocation process is established in the
Clearwater Downtown Redevelopment Plan. The Pool allows for density and/or intensity
increases for projects in excess of the allowable maximum development potential established
for a parcel. The Community Development Board may approve allocations of density and/or
intensity from the Pool for projects that incorporate one or more improvements and/or fees in-
lieu of certain improvements that provide a direct benefit to Downtown revitalization, consistent
with the eligible amenities list in the Clearwater Downtown Redevelopment Plan. Increases to
height may also be approved by the Community Development Board if the developer of a site
plan application provides a major public amenity as defined in the Community Development
Code, and provided the increase in height does not exceed 20% of the maximum permitted
height or a minimum of ten feet.
23. Residential density on parcels proposed for development within the Downtown Gateway
Character District which have frontage along Street Type F shall be limited to no more than two dwelling units.
On page 42 of the ordinance, Section C-303.B is amended to read as follows to
clarify that overnight accommodations (bed and breakfast) uses are allowed on certain
Frontages, where permitted:
* * * * * * * * * *B) Residential and Overnight Accommodation (Bed & Breakfast) Use Restrictions
Only residential and overnight accommodations (bed and breakfast) uses, where permitted, are permitted allowed in the Urban Residential 2, Neighborhood Infill, and Neighborhood Conservation Frontages as defined in Appendix C, Division 4 except as provided for in Division 8. Flexibility.
Motion to Amend Ordinance 9149-18 on Second Reading
6
On page 51 of the ordinance, Table 3. Frontages and Street Types is amended as
follows to add additional language relating to bed and breakfast uses are permitted on
certain Frontages:
On page 81 of the ordinance, Section C-803.E.2 is amended to read as follows to
clarify vehicular use area location is set back from primary street frontages:
E) Frontage Standards – Parking
* * * * * * * * * *
2. Flexibility to allow surface or ground floor parking and other vehicular use areas, including
vehicular loading/unloading areas and passenger drop off areas, may be approved along
secondary street frontages. If approved, such areas shall be located to the rear of the property,
set back from front building corners primary street frontages 20 feet minimum, and include
architectural and landscape screening and other treatments that contribute to the creation of
safe and comfortable pedestrian environments along pedestrian walkways and public sidewalks.
Curb cuts from secondary street frontage to access such locations shall be minimized.
* * * * * * * * * *
Motion to Amend Ordinance 9149-18 on Second Reading
7
On page 81 of the ordinance, Section C-803.K is amended to read as follows to
add additional language allowing office uses on Street Type D if a project includes
individual units with entries, and to add streets for which flexibility may be allowed:
K) Character District Standards – Residential Use Restrictions
Flexibility in the application of residential use restrictions for projects along Street Type D or
limited segments of frontage designated Street Type E may be approved to permit office use
where the applicant demonstrates that the hours of operation, parking demand, and other use
related impacts are minimized, primary entries to individual ground floor units are provided, and
the office use and architectural character are consistent with the character of the surrounding
area. Flexibility on frontage designated Street Type E shall only be permitted on: Drew Street
between Martin Luther King, Jr. Avenue and Missouri Avenue; Grove Street between Martin
Luther King, Jr. Avenue and Missouri Avenue; and on Garden Avenue north of Eldridge
Seminole Street.
On page 82 of the ordinance, Section C-903.A is amended to read as follows to
increase the length for which street type designations may be adjusted, to clarify the
process by which such an adjustment may be made, and to add language that such
adjustments advance the goals and objectives of the Clearwater Downtown
Redevelopment Plan:
A) Minor Street Type Adjustments
The street type designation along front property lines may be adjusted up to 1200 feet
administratively by the Community Development Coordinator through a Level 1 Flexible
Standard Development application, provided that such adjustments do not negatively affect the
project’s pedestrian- and transit- orientation, and advance the goals and objectives of the
Clearwater Downtown Redevelopment Plan.
___________________________
Pamela K. AkinCity AttorneyAugust 2, 2018
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
27
Division 1. General Provisions
SECTION C-101. INTENT & PURPOSE
The intent and purpose of the Downtown District
and Development Standards is to guide the
development and redevelopment of sites in
Downtown Clearwater consistent with the vision,
guiding principles, goals, objectives and policies
in the Clearwater Downtown Redevelopment Plan
to achieve quality urban and architectural design
throughout Downtown and provide regulatory
clarity and predictability for property owners,
investors, residents, and business owners. The
standards are designed to accomplish the following:
• Encourage mixed use, pedestrian-oriented
development;
• Promote context-sensitive forms, patterns, and
intensities of development;
• Support a variety of new housing types to
provide for a range of affordability and mix of
incomes;
• Preserve and celebrate the unique features of
Downtown’s community and neighborhoods;
• Encourage the renovation, restoration and/or
reuse of existing historic structures; and
• Provide for the design of safe, attractive, and
accessible places for working, living, and
shopping.
SECTION C-102. RELATION TO THE
COMMUNITY DEVELOPMENT CODE
The Downtown District and Development Standards
are part of Community Development Code (CDC)
Article 2, Division 9 and Article 3, Division 5.
Wherever there appears to be a conflict between the
Downtown District and Development Standards and
other sections of the CDC, the standards set forth in
the Downtown District and Development Standards
shall prevail. For conditions not covered by these
standards, other applicable sections of the CDC shall
apply.
SECTION C-103. ORGANIZATION OF
STANDARDS
Standards regulating development in the Downtown
District are organized as follows:
A) Regulating Plans
The Regulating Plans included in Division 2
determine how the Downtown District and
Development Standards are applied by character
district and street type. The Character District
Regulating Plan defines the limits of five different
character districts which determine the applicability
of requirements in Division 3. The Street Type
Regulating Plan defines six street types which
determine the applicability of requirements in
Division 4. The Street Type Regulating Plan also
identifies the location of key corners which are
subject to special requirements.
B) Development Standards
Standards regulating development in the Downtown
District are included in Divisions 3, 4, 5, 6, and 7 as
described below:
1. The Character District Standards in Division 3
regulate development potential, building heights,
permitted uses, and parking requirements.
2. The Frontage Standards in Division 4 regulate
building setbacks, front setback improvements,
ground floor facades and entries, and certain
locational requirements for parking and vehicular
circulation.
3. The Site Design Standards in Division 5 regulate
development patterns in Downtown, site access,
circulation, parking design, service area location
and design, garage location for residential uses,
landscaping, fencing and walls, location of
stormwater facilities, waterfront lots, and the design
of drive-through facilities.
4. The Building Design Standards in Division 6
regulate the treatment of front building facades and
other features related to the architectural design of
buildings.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 28
5. The Sign Standards in Division 7 regulate signage
in the Downtown District.
C) Flexibility Provisions
Division 8 provides processes and standards for
the approval of flexibility in the application of
Downtown District and Development Standards.
SECTION C-104. APPLICABILITY OF
DEVELOPMENT STANDARDS
A) General
The Development Standards in Appendix C,
Divisions 3, 4, 5, and 6 are intended to ensure that
new development and significant renovations and
additions to existing developments are designed
in accordance with the vision described in the
Clearwater Downtown Redevelopment Plan, while
allowing for incremental improvements to existing
buildings and sites. Provisions addressing flexibility
in the application of these Development Standards
are included in Appendix C, Division 8.
B) Exemptions
The following types of development are exempt
from all or a portion of the Development Standards
as follows:
1. Change of Use. Projects involving only a change in
use are exempt from the Development Standards in
Appendix C, Divisions 4, 5 and 6 and bicycle parking
requirements in Section C-303.BC of these standards.
2. Detached Dwellings. Detached dwellings
lawfully existing on the date of adoption of these
Development Standards may be expanded. The
location of any new floor area shall be compliant
with all setback requirements in Division 4 of these
standards. Existing driveways or parking that does
not comply with the parking location standards for
the applicable frontage type may remain. Existing
carports may be enclosed, but new garages shall
comply with Section C-505.
3. Improvement or Remodel. Building improvement
and remodel projects, including projects with up to
7.5 percent or 5,000 square feet of additional gross
floor area, whichever is less, excluding detached
dwellings, shall be exempt from the Development
Standards as follows.
a. Building improvement or remodel projects
valued at less than 25 percent of the total
assessed building value as reflected in the
Property Appraiser’s current records at the
time of application or as established by a
qualified independent appraiser using a
recognized appraisal method are exempt from
the Development Standards in Appendix C,
Divisions 4, 5 and 6, except that the location
of any new floor area, including accessory
structures, shall be compliant with all setback
requirements in Division 4 of these standards.
b. Building improvement or remodel projects
valued at 25 percent or more of the total
assessed building value as reflected in the
Property Appraiser’s current records at the time
of application or as established by a qualified
independent appraiser using a recognized
appraisal method are exempt from all but
Sections C-502.A, C-503.C, C-504, and C-506
of these standards. Additionally, the location
of any new floor area, including accessory
structures, shall be compliant with all setback
requirements in Division 4 of these standards.
4. Historic Designated Structures. The Community
Development Coordinator may waive the
Development Standards for the renovation or
development of structures which have been
designated historic in accordance with the provisions
of Section 4-607. Changes to such structures shall
comply with the standards for historic preservation
in Article 2, Division 10.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
29
Division 2. Regulating Plan
SECTION C-201. GENERAL
Development within the Downtown District is
regulated by character district and street type, as
shown in Figure 1. Character Districts and Figure 2.
Regulating Plan – Street Types and Key Corners.
SECTION C-202. CHARACTER DISTRICT
REGULATING PLAN
Standards and regulations in Appendix C, Division
3 related to land use and parking, development
density and intensity, and building height within the
Downtown District apply to properties falling within
one of five character districts illustrated in Figure 1.
Character Districts.
A) Downtown Core Character District
The Downtown Core Character District is intended
for high intensity mixed-use, office, and residential
development in buildings with active ground floor
uses opening onto pedestrian-friendly streetscapes.
Standards are designed to support a dense urban
pattern of development with buildings facades
aligned along public sidewalks and parking primarily
located within buildings behind active uses and
behind buildings. Properties adjacent to the Pinellas
Trail are designed to provide pedestrian and bicycle
connections to the trial.
B) Old Bay Character District
The Old Bay Character District is intended for
moderate intensity residential development and
mixed-use development in buildings with entires
opening onto pedestrian-friendly streetscapes.
Standards are designed to preserve the District’s
unique and charming character, while providing
a transition between the high intensity mixed-use
areas in the Downtown Core Character District and
residential neighborhoods to the north outside of
the Downtown District boundaries. Buildings with
active ground floor uses along North Fort Harrison
Avenue are designed with facades aligned along
public sidewalks and parking and service areas
primarily located behind buildings. In the remainder
of the District, buildings are designed with facades
aligned along streets with modest setbacks and
with parking and service areas primarily located
behind buildings. Properties adjacent to the Pinellas
Trail are designed to provide pedestrian and bicycle
connections to the Trail.
C) South Gateway Character District
The South Gateway Character District is intended
for moderate intensity residential and mixed-use
development in buildings with active ground floor
uses opening onto pedestrian-friendly streetscapes.
Buildings are designed with facades aligned along
public sidewalks with parking and service areas
primarily located behind buildings. Properties
adjacent to the Pinellas and Druid Trails are designed
to provide pedestrian and bicycle connections to the
Trail(s). This character district is intended to create
a transition between higher intensity mixed-use
areas in the Downtown Core Character District and
residential neighborhoods to the southeast and
Morton Plant Hospital farther south.
D) Prospect Lake Character District
The Prospect Lake Character District is intended
for high-intensity residential and mixed-use
development in buildings with street-facing entries
opening onto pedestrian-friendly streetscapes and
with active ground floor uses along many streets.
Buildings are designed with facades aligned along
public sidewalks with parking and service areas
primarily located behind buildings. This character
district is intended to create a transition between
higher intensity mixed-use areas in the Downtown
Core Character District and residential areas to the
east in the Downtown Gateway Character District.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 30
Figure 1. Character Districts
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveGu
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveCharacter Districts
Downtown District
& Development Standards
0 1,250 2,500625
FeetDowntown Core
Downtown Gateway
Old Bay
Prospect Park
South Gateway
N
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
31
E) Downtown Gateway Character District
The Downtown Gateway Character District is
intended for moderate intensity residential and
mixed-use development in buildings with street-
facing entries opening onto pedestrian-friendly
streetscapes. Buildings are designed with facades
aligned along streets, modest setbacks, and parking
primarily located behind buildings. This area is
intended to create a transition between higher
intensity mixed-use areas to the west in the Prospect
Lake Character District and lower to medium
intensity residential areas outside of Downtown to
the east and northeast.
SECTION C-203. STREET TYPE
REGULATING PLAN
A) Street Types & Key Corner Locations
Figure 2. Regulating Plan – Street Types and Key
Corners establishes the applicability of development
standards in Appendix C, Division 4 based on a site’s
location along streets and at key corner locations.
As shown in Figure 2. Regulating Plan – Street
Types and Key Corners, streets with high levels of
existing and planned pedestrian activity are assigned
Street Types A, B or C; streets with modest levels of
existing and planned pedestrian activity are assigned
Street Type D; and streets with residential uses are
assigned Street Types E and F. For sites at locations
identified as key corners, specific development
standards related to ground floor uses are included
in Appendix C, Division 4. The Service Street Type
is applied to public streets and alleys with very low
levels of anticipated pedestrian activity that provide
access to parking and service areas.
B) Street Types Assignment
Along existing or proposed new public streets where
street types are not depicted on the Regulating Plan,
an appropriate street type shall be established by the
Community Development Coordinator as part of an
application for development approval.
C) View Corridors
The view corridor at the western terminus of
Nicholson Street shall be preserved through an
open space corridor the width of the Nicholson
Street right-of-way. The corridor shall extend to
the west to the mean high water line. Hardscaping
improvements may occupy this space provided
the height does not exceed the average pre-
development grade of the property within the open
space corridor. View corridors are shown on Figure 2.
Regulating Plan - Street Types and Key Corners.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 32
Figure 2. Regulating Plan – Street Types and Key Corners
Cleveland St
Jones St
East AveCourt St
Turner St
Druid Rd Prospect AveFt Harrison AveLaura St
Grove St
Nicholson St
Eldridge St
Ewing PlPierce St
Gould StFt Harrison AveMartin Luther King, Jr. AveSeminole St
Osceola AvePierce St
Chestnut St
Cedar St
Drew StMyrtle AveFranklin St
Maple St
Osceola AvePark StGarden AveStreet Type A
Street Type B
Street Type C
Street Type D
Street Type E
Street Type F
Key Corners
Key Corners, Festival Area
Service Streets
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
33
Drew St
Franklin St
Grove St
Lincoln AveSan Remo AveGul
f
t
o
B
a
y
B
l
v
d
Gould StMadison AvePierce StFredrica AveLady Mary DrOrangeview AveNE Cl
e
v
el
a
n
d
St
Grove St
Franklin St
De Leon StHighland AveMissouri AveCourt St
Laura St
Park St
San Juan StBetty LnPierce StHillcrest AveCleveland St
N
View Corridor
Hardscape Only
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 34
SECTION C-301. DEVELOPMENT
POTENTIAL
A) Maximum Development Potential
1. Development in the Downtown District shall
be consistent with the development potential set
forth by location in the Clearwater Downtown
Redevelopment Plan. Properties within the
Downtown District shall have a future land use of
Central Business District (CBD), which is consistent
with the Activity Center (AC) Countywide Plan Map
category and the Special Center subcategory in the
Countywide Plan for Pinellas County. The maximum
development potential set forth for each established
character district is shown on Figures 3 through 7.
Residential uses and overnight accommodation uses
are regulated by density, or units per acre, while
nonresidential uses are regulated by intensity, or
floor area ratio (FAR). The development potential for
mixed-use projects shall be determined consistent
with Section 3-902.
2. The Public Amenities Incentive Pool and the Pool
allocation process is established in the Clearwater
Downtown Redevelopment Plan. The Pool allows
for density and/or intensity increases for projects
in excess of the allowable maximum development
potential established for a parcel. The Community
Development Board may approve allocations of
density and/or intensity from the Pool for projects
that incorporate one or more improvements and/or
fees in-lieu of certain improvements that provide a
direct benefit to Downtown revitalization, consistent
with the eligible amenities list in the Clearwater
Downtown Redevelopment Plan. Increases to
height may also be approved by the Community
Development Board if the developer of a site plan
application provides a major public amenity as
defined in the Community Development Code, and
provided the increase in height does not exceed 20%
of the maximum permitted height or a minimum of
ten feet.
Division 3. Character District Standards
3. Residential density on parcels proposed for
development within the Downtown Gateway
Character District which have frontage along Street
Type F shall be limited to no more than two dwelling
units.
B) Residential Density in Coastal Storm Area
Where residential density was increased in 2018,
residential density on those portions of property
located within the coastal storm area (CSA) shall be
limited to the density in place prior to the adoption
of the Clearwater Downtown Redevelopment Plan
(adopted March 2, 2018) consistent with Figure
7. Residential Density in the Coastal Storm Area.
However, if development is located entirely outside
of those portions of property located within the CSA,
this provision shall not apply.
SECTION C-302. BUILDING HEIGHT
A) Maximum Building Heights
The maximum building height for each character
district is shown on Figure 8. Maximum Height &
Height Transitions.
B) Height Transitions
1. Buildings greater than 75 feet in height shall
provide at least a 15-foot minimum facade step back
from the lower floor facade between the 3rd and
6th floors along frontages abutting public streets.
Buildings greater than 150 feet in height shall have
an additional 15-foot minimum facade step back
between the 12th and 15th floors along frontages
abutting public streets.
2.Buildings along the boundary of the Downtown
District and/or those properties within the
Downtown District for which the permissible
maximum height would be greater than 10 feet
higher than the permissible maximum height on an
abutting parcel (see Figure 8) shall have at least a
15-foot minimum facade step back from the lower
floor facade between the 3rd and 6th floor along the
property line(s) which abut the boundary and/or a
property with a lesser permissible height.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
35
3. To avoid a monotonous streetscape, a building
shall not replicate the step back configuration of the
neighboring buildings including those across rights-
of-way.
4. In addition to the step back requirements above,
buildings, or portions of buildings located on
properties that are two acres or larger in size and
located west of North Osceola Avenue and north of
Seminole Street, but not fronting on Cedar Street,
and are greater than 30 feet in height shall not be
closer than 30 feet to any property.
Column intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 36
Figure 3. Maximum Intensity - FAR
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveG
u
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum FAR
Downtown District
& Development Standards
0 1,250 2,500625Feet0.5
0.55
1.5
2.5
4.0
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
37
Figure 4. Maximum Residential Density
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveG
u
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Residential Density
Downtown District
& Development Standards
0 1,250 2,500625Feet35 Units per Acre
50 Units per Acre
75 Units per Acre
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 38
Figure 5. Maximum Hotel Density
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveG
u
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Hotel Density
Downtown District
& Development Standards
0 1,250 2,500625Feet
N/A
40 Units per Acre
50 Units per Acre
95 Units per Acre
35 Units per Acre
10 Rooms Maximum
(Bed & Breakfast Only)
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
39
Figure 6. Maximum Mixed-Use Density
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveG
u
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Mixed-Use Density
Downtown District
& Development Standards
0 1,250 2,500625FeetN/A
50 Units per Acre
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 40
Figure 7. Residential Density in the Coastal Storm Area
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser; Tampa Bay Regional Planning
Council
Prepared by: City of Clearwater Planning & Development Department, May 2018
Drew St
Ft Harrison AvePierce St
Cedar St
Georgia St
Myrtle AveLaura St
Seminole St
Osceola AveEldridge St
Garden AveNicholson St
Cleveland St
Residential Density in
Coastal Storm Area
Downtown District
& Development Standards
0 625 1,250312.5 FeetDowntown Core
Old Bay
7.5 Units per Acre
25 Units per Acre
70 Units per Acre
N
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
41
Cedar St
Nicholson St
Osceola AveGarden AveJones St
Drew St
Grove St
Laura St
Park St
Osceola AveChestnut St Myrtle AveS Prspect AveFt Harrison AveTurner St
Druid RdMartin Luther King, Jr AveCleveland St
Missouri AveG
u
l
f
t
o
B
a
y
B
l
v
d
Court StLincoln AveFranklin St De Leon StLady Mary DrHillcrest AveSan Remo AveHighland AveMaximum Height &
Height Transitions
Downtown District
& Development Standards
0 1,250 2,500625Feet
75
100 (Hotel Only)
150
Unlimited
Height Transitions
35
45
55
N
Figure 8. Maximum Height & Height Transitions
Sources: City of Clearwater Planning & Development Department; Engineering Department; Pinellas County Property Appraiser
Prepared by: City of Clearwater Planning & Development Department, May 2018
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 42
SECTION C-303. PERMITTED USES &
PARKING
A) Use & Off Street Parking Table
Permitted uses and approval levels by character
district, along with off-street parking requirements,
are listed in Table 1. Use & Off-Street Parking.
B) Residential and Overnight Accommodation (Bed
& Breakfast) Use Restrictions
Only residential and overnight accommodations
(bed and breakfast) uses, where permitted, are
allowed in the Urban Residential 2, Neighborhood
Infill, and Neighborhood Conservation Frontages as
defined in Appendix C, Division 4 except as provided
for in Division 8. Flexibility.
Column intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
43
Table 1. Use & Off -Street Parking
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
RESIDENTIAL USES
Attached Dwellings BCP BCP BCP BCP BCP Parking provided in excess of the minimum
required may be provided as tandem parking.
Handicapped parking spaces shall not be
used for tandem spaces.
1/unit
Community Residential
Homes
X BCP X BCP BCP 1. See footnote 1.
2. No more than six residents shall be
permitted.
1 per 2 residents
Detached Dwellings X BCP BCP BCP BCP Parking provided in excess of the minimum
required may be provided as tandem parking.
2/unit
NONRESIDENTIAL USES
Alcoholic Beverage Sales BCP BCP BCP BCP BCP Permitted in Storefront 1 and Storefront 2
Frontages only.
N/A
Animal Boarding FLD FLD FLD FLD FLD 1. The use of the parcel does not involve
animal confi nement facilities that are open to
the outside.
2. Animals may have supervised outdoor
exercise but only between 7:00 a.m.—
9:00 p.m. In no case shall animals be left
unsupervised while outdoors.
N/A
Assisted Living Facilities X BCP BCP X BCP None N/A
Bars BCP BCP BCP BCP BCP If the parcel proposed for development is
abutting Street Types E or F, the following
shall apply:
1. A landscaped wall or fence that is a
minimum of six feet in height shall be
constructed along property lines abutting
those parcels with a Street Type of E or F.
2. No outdoor amplifi ed music allowed after
11:00 pm Sunday through Thursday or 12:00
midnight Friday and Saturday.
N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 44
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Brewpubs BCP BCP BCP BCP BCP If the parcel proposed for development is
abutting Street Types E or F, the following
shall apply:
1. A landscaped wall or fence that is a
minimum of six feet in height shall be
constructed along property lines abutting
those parcels with a Street Type of E or F.
2. No outdoor amplifi ed music allowed after
11:00 pm Sunday through Thursday or 12:00
midnight Friday and Saturday.
N/A
Community Gardens BCP BCP BCP BCP BCP None N/A
Congregate Care X BCP BCP X BCP None N/A
Convention Center FLS X X X X None N/A
Educational Facilities FLS FLS FLS FLS FLS None 4/1,000 SF
GFA, or as
determined by
the Community
Development
Coordinator
based on a
parking study
Governmental Uses FLS FLS FLS FLS FLS None N/A
Indoor Recreation/
Entertainment
BCP BCP BCP BCP BCP None N/A
Light Assembly BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
45
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Marinas & Marina Facilities FLD FLD X X X 1. High and dry and/or upland boat storage is
prohibited.
2. Must comply with Section 3-601.C.3 and
Section 3-603 of this Development Code
3. The parcel proposed for development
is not located in areas identifi ed in
the Comprehensive Plan as areas of
environmental signifi cance including
Clearwater Harbor grass beds or Clearwater
Harbor spoil islands.
4. No commercial activities other than the
mooring of boats on a rental basis shall
be permitted on any parcel of land which
is contiguous to a parcel of land which is
designated as residential in the Zoning
Atlas, unless the marina facilities are totally
screened from view from the contiguous
land which is designated as residential and
the hours of operation of the commercial
activities are limited to the time period
between sunrise and sunset.
1 per 2 slips
Medical Clinic BCP BCP BCP BCP BCP None N/A
Microbreweries FLS FLS FLS FLS FLS See footnote 2.N/A
Museums BCP BCP BCP BCP BCP None N/A
Nightclubs BCP FLS FLS FLS FLS See footnote 2.N/A
Offi ces BCP BCP BCP BCP BCP None N/A
Open Space BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 46
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Overnight
Accommodations
(Bed & Breakfast)
X BCP BCP BCP X 1. The use is accessory to the use of the
principal building as a private residence.
2. An owner or manager shall reside on the
premises in the principal building.
3. Food service in conjunction with the
overnight accommodations shall be limited
to guests of the use, and shall include at a
minimum service of breakfast to guests.
4. Off -street parking is screened to a height of
four feet by a landscaped wall or fence so that
headlamps from automobiles in the off -street
parking area cannot project into adjacent
properties and streets.
5. Receptions or parties of any kind are
prohibited.
2/dwelling unit
plus 1/ overnight
accommodation
unit
Overnight
Accommodations (Hotel)
BCP BCP BCP BCP BCP None 0.75/unit
Parking Garages BCP BCP BCP BCP BCP None N/A
Parks & Recreation Facilities BCP BCP BCP BCP BCP None N/A
Places of Worship BCP BCP BCP BCP BCP None N/A
Public Facility FLD X X X X None N/A
Public Transportation
Facilities
FLS X X FLS X None N/A
Research & Technology BCP BCP BCP BCP BCP None N/A
Restaurants BCP BCP BCP BCP BCP Drive-through components are prohibited.N/A
Retail Plazas BCP BCP BCP BCP BCP See footnote 3.N/A
Retail Sales & Services BCP BCP BCP BCP BCP See footnote 3.N/A
Schools BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
47
Use Downtown CoreOld BaySouth GatewayProspect LakeDowntown GatewayUse Specifi c Criteria
Minimum Off -
Street Parking
Spaces
Self Storage Warehouses FLS X FLS FLS X 1. The use shall be secondary to and shall not
exceed 25 percent of the gross fl oor area of
another principal use.
2. Leasing offi ce and other non-storage
customer service areas shall be incorporated
into the building frontage along the primary
street.
3. Outdoor storage of any kind shall be
prohibited.
4. All loading areas, including bays and
loading zones used for the placement of
personal products onto, or removal from,
a transportation vehicle shall be provided
along the interior side or rear of the building.
N/A
Social & Community
Centers
X BCP BCP BCP BCP None N/A
Social/Public Service
Agencies
X X FLD X FLD 1. See footnote 1.
2. See footnote 2.
N/A
Telecommunication Towers BCP BCP BCP BCP BCP Shall meet requirements set forth in Section
3-2001.
N/A
TV/Radio Studios FLS FLS FLS FLS FLS See footnote 2.N/A
Utility/Infrastructure
Facilities
BCP BCP BCP BCP BCP None N/A
Vehicle Sales/Display,
Limited
BCP BCP BCP BCP BCP 1. The use shall be within an enclosed
structure and no outdoor display, storage,
and/or sales shall be permitted.
2. Vehicle service of any kind shall be
prohibited.
N/A
Veterinary Offi ces BCP BCP BCP BCP BCP None N/A
Footnotes:
1. The use shall not be located within 1,000 feet of another like use.
2. The parcel proposed for development is not abutting to a parcel of land which has frontage along Street Type E or F.
3. Medical marijuana treatment center dispensing facilities shall comply with the requirements set forth in F.S. § 381.986, as amended.
Key:
BCP – Level 1 Minimum Standards (Building Construction Permit)
FLS – Level 1 Flexible Standard Development (Community Development Coordinator approval required)
FLD – Level 2 Flexible Development (Community Development Board approval required)
X – Not Permitted
Table 1. Use & Off -Street Parking (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 48
Use Long Term Spaces
Attached Dwellings
(10 or more units)
1 per 4 dwelling units. Units with private garage or private storage space are
exempt.
Offi ces 2 min., or 1 per 10,000 SF GFA
Parking Garages 2 min., or 1 per 20 vehicle parking spaces, whichever is greater
Public Transportation Facilities 4 min., or 1 per 10,000 SF GFA
Table 2. Bicycle Parking
C) Bicycle Parking
Bicycle spaces shall be provided for new
development providing off-street parking as listed
in Table 2. Bicycle Parking and shall comply with the
bicycle parking standards in Section 3-1411 of this
Development Code. Buildings with less than 5,000
square feet of gross building area and residential
projects with fewer than 10 units are exempt from
this requirement.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
49
Page Intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 50
Division 4. Frontage Standards
SECTION C-403. KEY CORNER
REQUIREMENTS
For locations identified as Key Corners on Figure
2. Regulating Plan – Street Types and Key Corners,
ground floor building space within 100 feet of the
corner and to a depth of 20 feet minimum from
the front facade (as measured along front property
lines) shall be occupied only by active uses including
retail sales and services, restaurants, bars, brewpubs,
microbreweries, nightclubs, and/or lobbies to upper
story building space. For buildings occupied only
by residential uses, ground floor amenity areas such
as offices, lobbies, or fitness centers shall count
toward meeting this requirement only if the ground
floor facade meets the requirements applicable to
Storefront 1 or Storefront 2 frontages. Ground floor
building space designed for open air dining or cafe
use may count towards this requirement. Flexibility
in meeting facade transparency requirements in
these locations shall not be permitted. Key corner
requirements shall not apply to publicly owned park
and plaza space.
SECTION C-401. RELATIONSHIP
BETWEEN STREET TYPES AND
FRONTAGE STANDARDS
Table 3. Frontages and Street Types shows which
development standards in this division apply by the
street types shown in Figure 2. Regulating Plan –
Street Types and Key Corners. Multiple frontages can
apply to a single project along a street type.
SECTION C-402. PROPERTIES WITH
MULTIPLE STREET FRONTAGES
A) Defi nition of Primary and Secondary Street
Frontages
For project sites with multiple street frontages,
including corner sites, a primary street frontage
shall be defined. The primary street frontage shall
be defined as the street frontage with the highest
level of designated street type or the highest level of
existing and planned pedestrian activity as defined
in the Clearwater Downtown Redevelopment Plan.
B) Defi nition of Frontages for Corner Sites
For corner sites where the street type is the same
on two frontages, the primary street frontage shall
be defined as the frontage to which the majority
of buildings on adjacent sites are oriented and
addressed. In locations where the orientation of
buildings on adjacent sites is unclear, the primary
street frontage shall be defined as the frontage on
which the building is addressed. As provided in
Division 8. Flexibility, a limited amount of flexibility
in meeting requirements for frontages defined as
secondary street frontages may be approved.
C) Application of Setbacks on Through Lots
For project sites with frontage on two parallel
streets, one of which is a Service Street Type, the side
setbacks applicable to the primary street frontage
shall apply.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
51
Frontages General Character
Front
Setback Parking Location
Street Types
A B C D E F
Storefront 1 Traditional “Main Street” conditions with
continuous storefronts with high levels of
storefront transparency.
3’ max. Rear yard parking. No
parking along street
frontages.•••
Storefront 2 Traditional “Main Street” conditions with moderate
levels of storefront transparency and allowance
for side yard parking.
3’ max. Rear yard and limited
side parking permitted.•
Workshop/ Flex Flexible frontages with modest setbacks,
discontinuous frontage and moderate
transparency.
5’ min. -
10’ max.
Rear yard and limited
side parking permitted.•
Urban Residential 1 Urban townhouse and apartments with individual
entires and front stoops.
3’ min. -
5’ max.
Rear yard parking. No
parking along street
frontages.••
Residential* and Overnight Accommodation (Bed & Breakfast) Uses Only
Urban Residential 2 Urban townhouse and apartments with modest
landscaped setbacks and allowance for front
porches and shared entries
8’ min. -
15’ max.
Rear yard parking. No
parking along street
frontages.•
Neighborhood Infi ll Single family houses, duplexes, townhouses,
and small apartments with modest landscaped
setbacks.
8’ min. -
15’ max.
Parking behind units
accessed from side
streets or shared drives.•
Neighborhood
Conservation
Single family houses and duplexes with traditional
front yards.
20’ min. Parking behind front
facades accessed from
private driveways.•
* Except as provided for in Division 8. Flexibility.
Table 3. Frontages and Street Types
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 52
A) General
The Storefront 1 Frontage Standards are intended
for application along Street Types A, B, and C which
are identified as appropriate for high levels of
existing or planned pedestrian activity and active
ground floor uses. Development standards for this
type of frontage require buildings aligned along
adjacent streets, front building facades and building
entries oriented to public sidewalks with traditional
storefront design treatments with large, transparent
display windows, building entries at sidewalk grade,
awnings or canopies, minimal front setbacks, and
parking to the rear of occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 10
and 11.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 0 feet minimum, 3 feet
maximum.
b. Side Setbacks (B): 0 feet maximum, or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
2. Front building setbacks on Fort Harrison Avenue,
Cleveland Street, and Osceola Avenue shall be
increased to the extent required to allow for the
creation of sidewalks widths consistent with the
Master Streetscape Plan within the Clearwater
Downtown Redevelopment Plan.
3. To promote continuity of frontages along front
setbacks, the space between buildings on the same
or adjacent sites shall be 20 feet maximum and may
be occupied by a mid-block pedestrian passageway
open for public use during regular business hours.
Where such space is provided with no pedestrian
passageway, a 6-foot minimum, 8-foot maximum
high brick or other masonry wall, wall with masonry
columns linked by substantial grill work, or wall
designed to match the architectural design of the
building shall be constructed in line with the front
building facade.
SECTION C-404. STOREFRONT 1 FRONTAGE
Figure 9. Storefront 1 Example
B
B
D
Building
C
Rear
Parking
AA
E
F
Building
Rear
Parking
Figure 10. Storefront 1 Building Placement
Figure 11. Storefront 1 Parking & Projections
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
53
C) Front Setback Improvements
Where front setbacks are provided, the area within
the setback shall be improved as a hardscape
extension of the public streetscape with no change
in elevation from adjacent sidewalks, no landscape
areas, and no permanent physical obstructions such
as a curbing, railing, or fencing. Movable furnishings,
including tables, seats, and landscape planters, are
permitted.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. A minimum 60 percent of the area of the
ground floor facade between 2 and 10 feet
in height above adjacent ground level shall
consist of storefront windows and doors with
transparent glazing with no more than 10
percent daylight reduction (tinting) and no
reflective or mirrored coating or treatment.
Transom windows are encouraged above
storefront display windows. Residential
window types, with closely spaced mullions
and recessed punched windows, are not
allowed for storefront frontages. The bottom
of storefront windows shall be no more than 2
feet above the adjacent ground level.
c. Primary entries to individual ground floor
tenant spaces and entries to shared lobbies for
upper story spaces shall be located along the
front facade and may be recessed 18 inches
maximum.
d. Thresholds at front building entries and the
ground floor finished floor elevation shall
match the elevation of the abutting public
sidewalk or publicly accessible plaza.
e. The ground floor floor-to-structural-ceiling
height shall be 14 feet minimum and ground
floor building space shall be designed to
meet Florida Building Code requirements for
commercial uses.
3. Awnings, canopies, or other forms of weather
protection shall be required along at least 80 percent
of the front facade and shall meet the standards in
Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet the standards
in Appendix C, Division 5.
2. Parking shall be located to the rear of the property
away from the primary street frontage and corner
locations. Parking to the side of buildings is
prohibited.
3. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (F).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 54
A) General
The Storefront 2 Frontage Standards are intended for
application along Street Type C which is identified
as appropriate for moderate levels of existing or
planned pedestrian activity. Development standards
for this frontage require buildings aligned along
adjacent streets, front building facades and building
entries oriented to public sidewalks with traditional
storefront design treatments with large, transparent
display windows, building entries at sidewalk grade,
awnings or canopies, minimal front setbacks, and
parking to the side and rear of occupied building
space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 13
and 14.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 0 feet minimum, 3 feet
maximum.
b. Side Setbacks (B): 0 feet maximum, or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
2. Front building setbacks on Fort Harrison Avenue,
Cleveland Street, and Osceola Avenue shall be
increased to the extent required to allow for the
creation of sidewalks widths consistent with the
Master Streetscape Plan within the Clearwater
Downtown Redevelopment Plan.
3. To promote the continuity of frontages along front
setbacks, the space between buildings on the same
or adjacent sites shall be 80 feet maximum.
C) Front Setback Improvements
1. Where front setbacks are provided, the area
within the setback shall be improved primarily as a
hardscape extension of the public streetscape with
no change in elevation from adjacent sidewalks.
2. Landscape areas may account for 35 percent
maximum of the front setback area. Such
landscaping shall comply with landscape
requirements in Section 3-1202.
SECTION C-405. STOREFRONT 2 FRONTAGE
Figure 12. Storefront 2 Example
D
B
C
Building
Rear
Parking
Limited
Side Parking
B
A
DD
Figure 13. Storefront 2 Building Placement
Figure 14. Storefront 2 Parking & Projections
G
F
Building
Rear
Parking
Limited
Side Parking
E
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
55
3. Low curbing may be used to define the edge
of landscape areas but no permanent physical
obstructions such as walls, railing, or fencing are
permitted.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. A minimum 50 percent of the area of the
ground floor facade between 2 and 10 feet
in height above adjacent ground level shall
consist of storefront windows and doors with
transparent glazing with no more than 10
percent daylight reduction (tinting) and no
reflective or mirrored coating or treatment.
Transom windows are encouraged above
storefront display windows. Residential
window types, with closely spaced mullions
and recessed punched windows, are not
allowed for storefront frontages. The bottom
of storefront windows shall be no more than 2
feet above the adjacent ground level.
c. Primary entries to individual ground floor
tenant spaces and entries to shared lobbies for
upper story spaces shall be located along the
front facade and may be recessed 18 inches
maximum.
d. Thresholds at front building entries and the
ground floor finished floor elevation shall
match the elevation of the abutting public
sidewalk or publicly accessible plaza.
e. The ground floor floor-to-structural-ceiling
height shall be 14 feet minimum and ground
floor building space shall be designed to
meet Florida Building Code requirements for
commercial uses.
3. Awnings, canopies, or other forms of weather
protection shall be required along at least 80 percent
of the front facade and shall meet the standards in
Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Appendix C, Division 5.
2. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
3. Surface parking located to the side of buildings
along streets shall be no greater than 1 bay in width
or 60 feet maximum as measured along the street
frontage and shall be set back 5 feet behind front
building facades and screened from public sidewalks
by a opaque hedge or wall 24 to 36 inches in height
(F). Where provided, side surface parking shall be
located along a single building side.
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (G).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
A) General
The Workshop/Flex Frontage Standards are
intended for application along Street Type D which
is identified as appropriate for a mix of land uses
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 56
and building types. Development standards for this
frontage require buildings aligned along adjacent
streets, front building facades and building entries
oriented to public sidewalks with modest front
setbacks and facade transparency, and parking to
the rear or side of occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 16
and 17.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 5 feet minimum, 10 feet
maximum.
b. Side Setbacks (B): 5 feet minimum or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
2. To promote the continuity of frontages along front
setbacks, the space between buildings on the same
or adjacent sites shall be 80 feet maximum.
C) Front Setback Improvements
1. The front setback area shall be improved as a
landscape area with walkway connections between
sidewalks and front building entries. Low curbing
may be used to define the edge of landscape areas
but no permanent physical obstructions such as
walls, railings, or fencing are permitted between the
street and front building facade.
2. Landscaping in the front setback area shall
comply with landscape requirements in Section
3-1202.
3. Hardscape areas improved as open air patio or
café space may account for 50 percent maximum of
the front setback area. Such areas may be defined by
railings or low walls 36 inches maximum in height.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
SECTION C-406. WORKSHOP/FLEX FRONTAGE
Figure 15. Workshop/Flex Example
B
C
Building
Rear
Parking
B
D
A
Limited
Side ParkingD
Figure 16. Workshop/Flex Building Placement
Figure 17. Workshop/Flex Parking & Projections
Building
Rear
Parking
Limited
Side Parking
F
E
G
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
57
2. Ground floor front building facades shall be
designed to meet the following standards (D):
a. Building facades shall be located parallel to the
street frontage.
b. A minimum 40 percent of the area of the
ground floor facade between 2 and 10 feet
in height above adjacent ground level shall
consist of windows and doors with transparent
glazing with no more than 10 percent daylight
reduction (tinting) and no reflective or
mirrored coating or treatment.
c. Primary entries to individual ground floor
tenant spaces and entries to shared lobbies for
upper story spaces shall be located along the
front facade and may be recessed 18 inches
maximum.
d. Thresholds at front building entries and the
ground floor finished floor elevation may be
elevated 18 inches maximum above the grade
of the abutting public sidewalk or publicly
accessible plaza.
e. The ground floor floor-to-structural-ceiling
height shall be 14 feet minimum and ground
floor building space shall be designed to
meet Florida Building Code requirements for
commercial uses.
3. Awnings, canopies, or other forms of weather
protection shall be required at building entries and
shall meet the standards in Appendix C, Division 6
(E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Appendix C, Division 5.
2. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
3. Surface parking located to the side of buildings
along streets shall be no greater than 1 bay in width
or 60 feet maximum as measured along the street
frontage and shall be set back 5 feet behind front
building facades and screened from public sidewalks
by a opaque hedge or wall 24 to 36 inches in height.
(F). Where provided, side surface parking shall be
located along a single building side.
4. Surface parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (G).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 58
A) General
The Urban Residential 1 Frontage Standards are
intended for application along Street Types B and
C which are identified as appropriate for high
levels of existing or planned pedestrian activity.
Development standards for this frontage require
buildings aligned along adjacent streets, oriented to
public sidewalks with residential ground floor uses
with minimal front setbacks, ground floors elevated
above adjacent sidewalk grade, and parking to the
rear of occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 19
and 20.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 3 feet minimum, 5 feet
maximum.
b. Side Setbacks (B): 0 feet maximum, or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
2. Front building setbacks on Fort Harrison Avenue,
Cleveland Street, and Osceola Avenue shall be
increased to the extent required to allow for the
creation of sidewalks widths consistent with the
Master Streetscape Plan within the Clearwater
Downtown Redevelopment Plan.
3. To promote continuity of frontages along front
setbacks, the space between buildings on the same
or adjacent sites shall be 20 feet maximum and may
be occupied by a mid-block pedestrian passageway
open for tenant use. Where such space is provided
with no pedestrian passageway, a 6-foot minimum,
or 8-foot maximum high brick or other masonry wall,
wall with masonry columns linked by substantial grill
work, or wall designed to match the architectural
design of the building shall be constructed in line
with the front building facade.
SECTION C-407. URBAN RESIDENTIAL 1 FRONTAGE
Figure 18. Urban Residential 1 Example
B
Building
C
Rear
Parking
D
B
AAA
Figure 19. Urban Residential 1 Building Placement
Figure 20. Urban Residential 1 Parking & Projections
E
Building
Rear
Parking
F
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
59
C) Front Setback Improvements
1. The front setback area shall be improved with
landscape areas and walkways providing access to
common building entries and to porches or stoops
at entries to ground floor units. Walkways to building
entries shall generally match sidewalk grade.
2. Landscaping in the front setback area shall
comply with landscape requirements in Section
3-1202.
3. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are
prohibited within front setbacks.
4. Fenced, walled, or otherwise enclosed patios
or other forms of enclosed outdoor space are
not permitted for ground floor units along street
frontage.
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. The finished floor elevation of ground floor
residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches
maximum above the grade of adjacent
sidewalks.
c. Primary entries to individual ground floor units
and shared lobby space providing access to
upper story units shall be located along the
front facade and be visible from streets and
sidewalks.
3. Stoops shall be provided at entries to individual
ground floor units and be designed to meet the
following standards (E):
a. Stoops may project 5 feet maximum from front
building facades into setbacks.
b. Stoops shall include stairs and landings
providing access to unit entries with low walls
or railings on stairs and landings as required by
Florida Building Code.
c. No more than two front stoops serving
adjacent units shall be connected.
d. Landscape areas between stoops may
be defined by curbing or low walls. Such
landscaping shall comply with landscape
requirements in Section 3-1202.
4. Canopies or other forms of weather protection
shall be provided at front building entries to shared
ground floor lobby space and shall meet the
standards in Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Appendix C, Division 5.
2. Parking shall be located to the rear of the property
away from the primary street frontage and corner
locations. Parking to the side of buildings is
prohibited.
3. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (F).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 60
A) General
The Urban Residential 2 Frontage Standards are
intended for application along Street Type D which
is identified as appropriate for a mix of land uses
and building types. Development standards for this
frontage require buildings aligned along adjacent
streets, oriented to public sidewalks with residential
ground floor uses with modest front setbacks,
ground floors elevated above adjacent sidewalk
grade, and parking to the rear of occupied building
space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 22
and 23.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 8 feet minimum, 15 feet
maximum.
b. Side Setbacks (B): 5 feet minimum or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
2. To promote the continuity of frontages along front
setbacks, the space between buildings on the same
or adjacent sites shall be 80 feet maximum.
C) Front Setback Improvements
1. The front setback area shall be improved with
landscape areas and walkways providing access to
common building entries and to porches or stoops
at entries to ground floor units. Walkways to building
entries shall generally match sidewalk grade.
2. Landscaping in the front setback area shall
comply with landscape requirements in Section
3-1202.
3. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are
prohibited within front setbacks.
SECTION C-408. URBAN RESIDENTIAL 2 FRONTAGE
Figure 21. Urban Residential 2 Example
B
C
Building
Rear
Parking
B
D
A
Limited
Side ParkingD
Figure 22. Urban Residential 2 Building Placement
Figure 23. Urban Residential 2 Parking & Projections
Building
Rear
Parking
Limited
Side Parking
F
E
G
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
61
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. The finished floor elevation of ground floor
residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches
maximum above the grade of adjacent
sidewalks.
c. Primary entries to individual ground floor units,
where provided, and shared lobby space shall
be located along the front facade and be visible
from streets and sidewalks.
3. Where primary entries to individual ground
floor units are located along the front facade, front
porches or stoops shall be provided at entries and
designed to meet the following standards (E):
a. Porches and stoops may project 4 feet
minimum, 8 feet maximum from front building
facades into setbacks but shall be located no
closer than 2 feet from public sidewalks.
b. No more than two front porches or stoops
serving adjacent units shall be connected.
c. Landscape areas at least 8 feet in width as
measured along the front building facade shall
be provided between individual or connected
porches or stoops.
4. Canopies or other forms of weather protection
shall be provided at front building entries to shared
ground floor lobby space and shall meet the
standards in Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards in
Division 5.
2. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
3. Surface parking located to the side of buildings
along streets shall be no greater than 1 bay in width
or 60 feet maximum as measured along the street
frontage and shall be set back 5 feet behind front
building facades and screened from public sidewalks
by a opaque hedge or wall 24 to 36 inches in height
(F). Side surface parking shall be located along a
single building side.
4. Parking and vehicular circulation areas
incorporated in the ground floor of a building along
street frontages shall be located behind fully-
enclosed, occupied building space with a depth of
20 feet minimum (G).
5. Surface and structured parking shall comply with
side and rear building setbacks. Side and/or rear
setbacks shall not apply between surface parking
areas on abutting properties which provide for
shared access and use.
6. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 62
A) General
The Neighborhood Infill Frontage Standards are
intended for application along Street Type E which is
identified as appropriate for residential development
and redevelopment. Development standards
for this frontage require attached and detached
dwellings oriented to public sidewalks with modest
landscaped front setbacks and parking to the rear of
occupied building space.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 25
and 26.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 8 feet minimum, 15 feet
maximum.
b. Side Setbacks (B): 5 feet minimum or as
required by applicable building and fire codes.
c. Rear Setbacks (C): 10 feet minimum.
C) Front Setback Improvements
1. The front setback area shall be improved with
landscape areas and walkways providing access to
common building entries and to porches or stoops
at entries to ground floor units. Walkways to building
entries shall generally match sidewalk grade.
2. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are not
permitted within front setbacks.
3. Fenced, walled, or otherwise enclosed patios or
other forms of outdoor space are not permitted for
ground floor units along street frontage.
Figure 24. Neighborhood Infi ll Example
B
B
CA
Building
CA
D
Rear
Parking
SECTION C-409. NEIGHBORHOOD INFILL FRONTAGE
Figure 25. Neighborhood Infi ll Building Placement
Figure 26. Neighborhood Infi ll Parking & Projections
Building
E
Rear
Parking
Rear
Parking
F
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
63
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. The finished floor elevation of ground floor
residential units along front setbacks shall
be elevated 18 inches minimum, 36 inches
maximum above the grade of adjacent
sidewalks.
c. Primary entries to ground floor units and
shared lobby space shall be located along the
front facade and be visible from streets and
sidewalks.
3. Front porches or stoops shall be provided at
entries to individual ground floor units and be
designed to meet the following standards (E):
a. Porches may project 6 feet minimum, 10 feet
maximum from front building facades into
setbacks. Stoops may project 4 feet minimum,
6 feet maximum from front building facades
into setbacks. Neither shall be located closer
than 2 feet from front property line.
b. For buildings at corner locations, porches shall
be oriented to the primary street frontage
and wrap around from to the facade along
the secondary street frontage and extend 6
feet minimum along the facade facing the
secondary street frontage.
c. No more than two front porches or stoops
serving adjacent units shall be connected.
d. Landscape areas shall be provided between
individual or connected porches or stoops and
shall be at least 8 feet in length as measured
along the front building facade.
4. Canopies or other forms of weather protection
shall be provided at front building entries to
shared ground floor lobby space and shall meet
the standards in Appendix C, Division 6 (E).
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet the standards
in Appendix C, Division 5.
2. Surface parking shall be located to the rear of
buildings away from the primary street frontage and
corner locations.
3. Parking to the side of buildings behind front
building facades is permitted only for single family
detached dwellings and duplex building types. Such
parking shall be in single width private driveways
perpendicular to the right-of-way and may be
located in front and side setbacks but may be no
closer than 2 feet from side lot lines.
4. Surface parking lots serving multiple dwelling
units shall comply with side and rear building
setbacks. Side and/or rear setbacks shall not apply
between surface parking lots on abutting properties
which provide for shared access and use.
5. Parking, vehicular loading/unloading areas, and
passenger drop off areas are prohibited in front
setbacks.
6. Parking and vehicular circulation areas
incorporated in the ground floor of a building
or parking garage shall be located behind fully-
enclosed, occupied building space along street
frontages with a depth of 20 feet minimum (F).
7. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 64
A) General
The Neighborhood Conservation Frontage Standards
are intended for application along Street Type F
which is identified as appropriate for residential
development and redevelopment. Development
standards for this frontage require detached
dwellings and attached dwellings (two units
maximum, may include detached dwelling with one
carriage house), as described in Table 4. Attached
Dwelling Types General, oriented to public sidewalks
with front lawns and parking to the rear of occupied
building space with allowance for limited parking in
private driveways to the side of houses.
(In the sections below, the bold lettering in
parentheses refers to the annotations in Figures 28
and 29.)
B) Building Setbacks
1. Buildings shall be placed along street frontages
consistent with the following building setbacks from
property lines:
a. Front Setbacks (A): 20 feet minimum.
b. Side Setbacks (B): 5 feet minimum.
c. Rear Setbacks (C): 10 feet minimum.
2. Front setbacks shall be no greater than the
average setback for buildings along the same block
frontage.
C) Front Setback Improvements
1. The front setback area shall be improved with
lawn and landscape areas.
2. Walkways may be provided to connect public
sidewalks with porches or stoops at entries to
ground floor units. Walkways to building entries shall
generally match sidewalk grade.
3. Walls, railings, fencing, or other similar
improvements not part of a porch or stoop are not
permitted within front setbacks except that picket
fences no higher than 36 inches in height may be
permitted to define the front yards of individual
units.
4. Fenced, walled, or otherwise enclosed patios
or other forms of enclosed outdoor space are not
permitted in front setbacks.
SECTION C-410. NEIGHBORHOOD CONSERVATION FRONTAGE
Figure 27. Neighborhood Conservation Example
C
C
C
A
A
A
Attached Dwellings
Detatched Dwelling
D
B
B
B
D
B
Figure 28. Neighborhood Conservation Building
Placement
Figure 29. Neighborhood Conservation Parking &
Projections
G
E
E
E
F
F
F
Rear
Parking
Rear
Parking
G
G
Driveway Parking
Driveway Parking
Driveway Parking
Attached Dwellings
Detatched Dwelling
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
65
D) Ground Floor Facades & Entries
1. Building facades along street frontages shall meet
building design standards in Appendix C, Division 6.
2. Ground floor front building facades shall meet the
following standards (D):
a. Building facades shall be located along front
setbacks and aligned parallel to streets and
public sidewalks.
b. Primary entries to ground floor units shall be
located along the front facade and be visible
from streets and sidewalks.
3. Front porches or stoops shall be provided at
entries to individual units and be designed to meet
the following standards (E):
a. Porches may project 6 feet minimum, 10 feet
maximum from front building facades into
setbacks. Stoops may project 4 feet minimum,
6 feet maximum from front building facades
into setbacks.
b. For buildings at corner locations, porches shall
be oriented to the primary street frontage
and wrap around from to the facade along
the secondary street frontage and extend 6
feet minimum along the facade facing the
secondary street frontage.
c. No more than two front porches or stoops
serving attached units shall be connected.
d. Landscape areas shall be provided between
individual or connected porches or stoops and
shall be at least 8 feet in length as measured
along the front building facade.
E) Parking
1. In addition to the following standards, parking
location, design and access shall meet standards the
in Appendix C, Division 5.
2. Surface parking lots shall be located to the rear of
buildings away from the primary street frontage and
corner locations.
3. Parking is permitted in single width private
driveways. Such driveways shall meet the side
setback requirement and be located to the side of
buildings (F).
4. Parking incorporated in enclosed garages or the
ground floor of a detached or attached dwelling shall
be set back 5 feet minimum from the front building
facade (G).
5. With approval from appropriate City, County
or State authorities, parallel parking may be
constructed within the right-of-way along streets
abutting the property.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 66
SECTION C-411. FRONTAGE ALONG
SERVICE STREETS
A) Building Setbacks
Buildings with frontage along streets designated as
Service Streets on Figure 2. Regulating Plans - Street
Types and Key Corners, shall be placed consistent
with the following building setbacks from property
lines:
1. Front Setbacks: 5 feet minimum.
2. Side Setbacks: 10 feet minimum.
3. Rear Setbacks: 10 feet minimum.
B) Front Setback Improvements
The front setback area shall be improved with
landscaping and fencing to buffer parking lot or
parking structures and service areas. Such buffers
and fencing shall comply with standards in Appendix
C, Division 5.
C) Parking & Vehicular Circulation
Parking, vehicular circulation, and other vehicular
use areas are permitted along the frontage and
shall be located and designed to meet standards in
Appendix C, Division 5.
Column intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
67
Division 5. Site Design Standards
SECTION C-501. GENERAL
Projects within the Downtown District shall be
designed to advance goals for the creation of
active, attractive, safe, and comfortable streets,
streetscapes, and public spaces in Downtown
Clearwater. Projects shall be designed to contribute
to and create a walkable urban environment with
generally consistent setbacks along street frontages,
active ground floor uses, front building entries,
and attractive storefronts. Vehicular parking and
service areas shall be located primarily to the rear of
buildings and appropriately screened to minimize
the visual impact on streets, streetscapes, and public
spaces. The existing street grid shall be retained
and expanded where possible, curb cuts shall be
minimized, and streetscapes shall be improved
to provide for a safe and convenient pedestrian
network.
SECTION C-502. DEVELOPMENT
PATTERN
A) Existing Street Preservation
The existing street network shall be maintained. The
vacation of existing public streets and alleys shall
be discouraged unless new public streets and alleys
are constructed to replace and serve the function of
those vacated.
B) Development Blocks & Lots
1. Projects shall be configured with development
blocks scaled to accommodate buildings, public
spaces, and mid-block off-street parking and service
areas.
2. Block dimensions shall generally be as follows but
may be adjusted to account for irregularly shaped
parcels, utilities and utility easements, stormwater
conveyance systems, and other features.
a. Minimum block length: 200 feet
b. Maximum block length: 600 feet
3. Lots shall maintain a consistent size, scale, pattern
and rhythm of the surrounding block(s).
C) New Private Drives
Projects on sites of 5 acres or more shall be
developed with new private drives designed
consistent with the following standards:
1. New private drives shall be configured to
create interconnected networks of drives defining
development blocks as described in Appendix C,
Section C-502.B and serve as secondary vehicular
travel ways for vehicles and pedestrians.
2. New private drives shall be designed as two-
way drives designed with a minimum 6-foot wide
landscape strip with shade trees between curbs and
sidewalks, and a continuous pedestrian zone with a
6-foot minimum wide unobstructed sidewalk. These
drives may include parallel parking, landscaped
medians, bike lanes, and other features.
3. New private drives shall be configured to align
with existing or planned streets or drives on adjacent
sites to create an interconnected network. Stub outs
shall be provided to allow future connections to
adjacent sites.
D) New Private Service Drives
To access parking and service areas located
behind buildings where access by public alley is
not available, new private services drives shall be
constructed and designed consistent with the
following standards:
1. New service drives shall be designed for one- or
two-way travel.
2. In locations where new service drives provide
access to multiple lots and where rear lot solid waste
collection is planned, new service drives shall be
designed to accommodate through block travel with
no dead end or cul-de-sac.
3. For residential projects, new service drives shall
be designed with sufficient space to allow for vehicle
turning movements to access enclosed parking.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 68
SECTION C-503. ACCESS & CIRCULATION
A) Site Access
1. All vehicular access to parking lots, garages
and service areas, shall occur from the rear of
the property via a public alley (either existing or
constructed as part of a development proposal),
private service drive, or via a cross access easement
from an adjacent property. Should none of these
options be available or are determined to be
infeasible by the City, vehicular access shall be
permitted from a secondary street frontage.
Vehicular access shall only be permitted from a
primary street frontage when none of the above
means of vehicular access is determined by the City
to be available.
2. Existing curb cuts shall be closed where possible
and/or consolidated to minimize impacts on
pedestrian circulation along public sidewalks.
3. Establishing joint/common access drives, where
such drives are permitted, is encouraged to minimize
curb cuts and impacts on pedestrian circulation
along public sidewalks.
B) Streetscape Improvements
Improvements to streetscapes within rights-of-
way along lot frontages, including reconstruction
shall be required pursuant Section 3-1701. To the
extent possible given right-of-way limits and utility
conflicts, and with approval of the FDOT, Pinellas
County, and/or the City, reconstruction shall follow
the standards for streetscapes found in the Master
Streetscape Plan within the Clearwater Downtown
Redevelopment Plan.
C) Pedestrian Circulation & Access
1. Pedestrian walkways shall be provided to access
parking lots and parking structures behind or to the
side of buildings, connect destinations on adjacent
properties, connect front building entries to adjacent
sidewalks, and allow pedestrian circulation through
parking lots to create a continuous pedestrian
network.
2. Pedestrian walkways shall be 6-foot wide
minimum and free of obstructions.
3. Pedestrian walkways that cross a parking area or
other vehicular use areas shall be clearly marked with
striping, contrasting paving materials (e.g., light-
color concrete inlay between asphalt), textured or
raised pavement, or other appropriate treatment as
approved by City staff.
4. Where specialty paving, such as pavers, decorative
concrete, or other materials, is used for public
sidewalks or other pedestrian walkways, the
specialty paving shall continue across parking access
drive aisles.
5. Pedestrian walkways provided between buildings
shall be designed to meet the following standards.
a. Where blocks are longer than 600 feet, one
mid-block pedestrian walkway open to the
public during regular building hours shall be
provided.
b. Pedestrian walkways between buildings shall
be at least 15-foot wide and 20-foot wide on
average.
c. Pedestrian scale lighting shall be provided
along pedestrian facilities.
D) Cross Parcel Connections
To facilitate circulation and improve accessibility,
vehicle and pedestrian paths on adjacent sites
shall be interconnected. Parking lot drive aisles,
private drives, private service drives, and pedestrian
walkways shall be aligned and connected, and drive
aisle stub outs shall be constructed on properties
abutting undeveloped sites to allow for future
connections.
E) Connection to Trails
Pedestrian and bicycle connections to the Pinellas
Trail and/or Druid Trail, or future trails, bikeways, or
the like, that are visible from public rights-of-way
and/or building entrances shall be incorporated into
site plans where property is adjacent to the Trail(s).
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
69
SECTION C-504. PARKING & SERVICE
AREAS
A) Surface Parking
1. Surface parking and services areas shall be
designed to meet the landscaping standards set
forth in Article 3, Division 12 and the parking and
loading standards set forth in Article 3, Division 14.
2. Surface parking lots shall be screened from
abutting residential uses by fences or walls six feet in
height.
3. Interior islands of parking lots in new projects
shall be designed to utilize Low Impact Development
techniques such as bioretention swales and native
species. Where parking curbs and gutters are
provided, they shall have breaks to allow water to
enter the bioretention facilities within the parking
landscape islands. Parking lots with less than 20
spaces are exempt from interior island requirements
in Section 3-1202.E.2 of this Development Code.
B) Structured Parking
All structured parking, whether freestanding,
attached to a building, or integrated into a building
envelope, shall be designed to comply with
requirements for parking garages set forth in Article
3, Division 14, and design standards in Divisions 4
and 6 in these standards.
C) Service Areas
Service areas, including areas providing access
to loading docks and areas designated for the
placement of waste containers and recycling
equipment, shall be located to the rear of buildings
in the most unobtrusive location possible and
screened from adjacent properties and rights-
of-way with architecturally finished walls and
gated enclosures designed consistent with and
complementary to the exterior facade of the
building.
SECTION C-505. GARAGES FOR
ATTACHED OR DETACHED DWELLINGS
Garages shall be located behind the principal
building and accessed from public alleys, private
drives, or private service drives. Where public alleys,
private drives, or private service drives are not
provided, single width private driveways no greater
than 10 feet in width maximum are permitted and
the following standards shall apply.
1. Attached, front facing garages serving detached
dwellings, where permitted, shall be set back
5 feet minimum from the front facade of the
building.
2. Detached garages shall be located behind the
principle building and accessed from a single
width private driveway.
3. Attached or detached garages on corner sites
shall be located to the rear of the property away
from the primary street frontage, oriented toward
a secondary street frontage, and accessed from a
single width private driveway.
SECTION C-506. LANDSCAPE & FENCING/
WALLS
A) Landscape Requirements in Article 3, Division 12
Landscape improvements shall meet the general
landscaping standards set forth in Article 3, Division
12 n addition to the frontage standards in Appendix
C, Division 4 and landscape and parking standards in
Appendix C, Division 5.
B) Fences & Walls
1. Fences and/or walls, where permitted along
side and/or rear property lines, shall be located
behind front building facades, and shall be painted,
architecturally finished and designed consistent with
and complementary to the exterior facade of the
building.
2. Chain link, razor wire, barbed wire, or other similar
fences are prohibited.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 70
C) Utility/Infrastructure Facilities
Utility/Infrastructure facilities other than
telecommunication towers and utility distribution
lines shall be screened from public view by
landscape screens or architecturally-finished walls
and enclosures.
SECTION C-507. STORMWATER
MANAGEMENT
Stormwater retention and detention areas are
not permitted in front setbacks unless located
underground in exfiltration trenches or open-
bottomed underground storage and retention
systems, or as part of a Low Impact Development
stormwater management system incorporating
features such as rain gardens and vegetative swales,
or pervious pavers or pavement for pedestrian use.
Traditional stormwater facilities such as dry and/or
wet retention/detention ponds are permitted to the
rear and side of buildings.
SECTION C-508. WATERFRONT
DEVELOPMENT
Waterfront development shall be located and
designed to meet all of the following standards.
A) Waterfront Setback
Waterfront development shall maintain waterfront
setback of 20 feet minimum from the sea wall,
property line, or mean high water line, whichever is
most interior to the property.
B) Parking
1. Residential uses along Clearwater Harbor shall
be designed with parking garages or with parking
areas internal to the site/building and screened from
Clearwater Harbor.
2. Perimeter screening shall not be required for
public parking located along waterfronts.
SECTION C-509. DRIVE-THROUGH
FACILITIES
Permitted ancillary drive-through facilities, including
all improvements associated with the drive-through
activity such as entry and exit drives, stacking
lanes, service windows, canopies, ATM kiosks, and
informational signage, shall be located and designed
to meet all of the following standards.
A) Location & Screening
Drive-through facilities shall be located to the rear
of the principal building, as illustrated in Figure 30.
Drive-Through Facilities.
B) Stacking Lanes
1. Stacking lanes shall be scaled to ensure queuing
vehicles do not block driveways, access to parking
areas, or pedestrian walkways.
2. Stacking lanes located along pedestrian walkways
shall be screened with landscaping and a wall 24 to
36 inches in height designed to complement the
exterior facade of the building.
C) Signage
Sufficient on-site signage and pavement markings
shall be provided to mark pedestrian walkways and
crossings, and to indicate direction of vehicular
travel and other conditions required to ensure safe
vehicular and pedestrian movement.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
71
Figure 30. Drive-Through Facilities Column intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 72
Division 6. Building Design Standards
SECTION C-601. GENERAL
To support the creation of more pedestrian- and
transit-accessible destinations, buildings shall be
located parallel to adjacent streets and designed to
contribute to the creation of attractive, accessible
destinations. Building facades along streets and
public spaces shall be designed with attractive
ground floor facades, well-defined building entries,
and shall use quality building materials. Buildings
shall occupy a substantial portion of the frontage
and be located to minimize the visual impact of
parking, loading, service and other vehicular use
areas.
SECTION C-602. FACADE TREATMENT &
DESIGN
A) Complementary Design
All buildings and structures in projects with
multiple buildings and structures, including parking
structures, shall have complementary architectural
details, materials, colors, and design treatments. For
the purpose of this section, buildings and structures
shall include primary buildings, accessory structures,
parking structures, open air enclosures, fences and
walls, and other vertical improvements. The intent of
this provision is not to require a single design theme
or motif for projects with multiple buildings and/
or multiple tenants but to ensure a consistent level
of quality in the design and detailing of buildings,
parking structures, and other vertical improvements.
B) Facade Articulation
1. Buildings shall be designed with clearly
articulated bases to define the extent of the public
realm, provide spatial enclosure, and mediate
differences in scale between adjacent buildings.
Building bases shall constitute the facades of the
first one or two stories of the building. Distinctions
between building bases and upper story facades
shall be established through the use of changes
in material and color, the use of minor step backs
for upper story facades, and architectural molding,
cornice lines, or other modest projections.
2. To break up building facades along street
frontages, facades shall be divided vertically into
bays, as illustrated in Figure 31. Facade Bays &
Articulation. Facade bay widths shall range between
20 to 35 feet establishing a rhythm of vertical
modules unified by a complementary rhythm of
windows and window groupings. Facade bays shall
be distinguished by varying fenestration patterns,
Figure 31. Facade Bays & Articulation Figure 32. Corner Treatments
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
73
recessing wall planes, varying building materials, or
establishing a rhythm of architectural elements such
as pilasters or window bays.
3. To avoid flat, continuous facades above the
ground floor on all building sides, the maximum
length of an upper floor facade section shall be
between 80 and 120 feet and the articulation
between upper floor facade sections shall be
accomplished by recessing the facade 2 feet
minimum for a distance of at least 10 feet as
illustrated in Figure 31. Facade Bays & Articulation.
4. Vertical or horizontal changes in the plane of a
building facade for step backs, facade articulation,
or other purposes shall be differentiated by
architectural features including but not limited
to coping, balustrades, cornice lines, change in
materials, or changes in color.
5. Blank sections of ground floor building facades
fronting streets, public spaces, and surface parking
areas shall not exceed 20 feet in length. Elements
such as windows, doors, balconies, columns,
pilasters, changes in material, or other architectural
details that provide visual interest shall be
distributed across the facade in a manner consistent
with the overall design of the building.
C) Facade Materials
All building facades within view of a public street,
pedestrian walkway, waterfront, or other public
space, including side and rear facades, shall be
constructed of high quality materials such as
brick, stone, architectural block, concrete with an
architectural finish, and traditional cementitious
stucco. Side and rear facades shall use materials and
design features similar to or complementary to those
of the front facade. The use of metal facades shall not
be permitted.
D) Prohibited Glass Treatments on Ground Floors
The use of reflective, translucent, fritted, and other
forms of non-transparent glass in wall and window
systems on ground floor facades is prohibited.
E) Corner Facades
1. To create a seamless transition between the
facades of a building at a street corner, both
street-facing facades shall be designed with equal
architectural quality and detail as illustrated in
Figure 32. Corner Treatments.
2. Facade materials, window and wall treatments,
and design elements such as signs and awnings
shall be included on both sides of the building
facade. Additional corner emphasis with chamfered
or rounded facades, corner entries accentuated
through changes in design treatments, materials,
canopy projections, roof or parapet forms, or
through other architectural methods is required.
F) Parking Structures Design
1. Parking structures shall be designed with
architecturally-finished facades that complement
the details, materials, colors, and design treatments
of buildings in the project to contribute positively to
the overall character of a project.
2. The ground level facades of parking structures
along Service Street Types, public alleys, private
drives, private service drives, and pedestrian
walkways shall be designed with architectural
screening of openings, trellis or canopy projections,
or other architectural treatments to create safe,
comfortable, and quality pedestrian environments.
G) Security & Hurricane Protection
1. Security bars are prohibited on windows or doors
visible from public streets, public sidewalks, or public
spaces.
2. Hurricane shutters, if provided, shall be fitted as
an integral part of the storefront design, not visible
when not in use, and only be used during the time
frame in which a formally issued hurricane warning is
in effect.
H) Facade Lighting
Light Emitting Diode (LED) rope/ribbon lighting,
neon lighting, or other types of lighting used to
outline windows, or other architectural features shall
be prohibited.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 74
SECTION C-603.AWNINGS, CANOPIES, &
BALCONIES
1. Ground floor awnings, canopies, and other forms
of shading devices or structures, where provided,
shall comply with the following standards.
a. Such devices and structures shall project 5 feet
minimum, 10 feet maximum from the front
facade with the exception that in no case shall
such projection be closer than five feet from
the curbline.
b. Such devices and structures shall be permitted
into required setbacks and over street rights-
of-way provided a clearance of eight feet over
grade is maintained.
c. Such devices and structures with supports may
be located up to the property line.
d. Such devices and structures that project
into rights-of-way shall be cantilevered or
suspended from the building facade.
2. Awnings, canopies, or other forms of shading
devices or structures are permitted on upper stories
and shall not extend further than 36 inches from the
facade.
3. Awnings, canopies, or other forms of shading
devices or structures shall not be backlit or
constructed of high-gloss material or fabric which
appears to be plastic, or be clad with barrel tiles,
asphalt shingles, or other standard roofing materials.
4. Balconies or other projections may encroach into
front setbacks. Awnings or canopies provided for
balconies shall not extend forward of the balcony.
SECTION C-604. ROOF DESIGN
Flat or pitched roofs are permitted for all building
types. Edges of pitched roofs shall be accentuated
with eaves and flat roofs shall have parapet walls,
decorative cornices, and/or other architectural
features. Mansard roof forms are prohibited.
SECTION C-605. BUILDING ENTRIES
A) Location
1. Building entries opening onto parking located to
the side or rear of buildings shall not be considered
primary building entries.
2. For sites with multiple frontages, the primary
building entry or entries shall be located along
the primary street frontage or at the corner of
the primary street frontage and secondary street
frontage.
B) Design Treatment
Primary building entries, including main entries
to individual tenant spaces and to lobbies used
to access upper story building space, shall
be distinguished by facade design, materials,
articulation, or other architectural treatments that
provide interest to the building facade and draw
attention to the entrance.
SECTION C-606. MECHANICAL
EQUIPMENT
Outdoor mechanical, electrical, and communication
equipment, including heating, air conditioning,
and ventilation equipment; venting and vent
terminations for commercial hoods; electric
meters; mechanical penthouses; electrical and
communication equipment, panels, and cabinets;
satellite dishes; and similar features shall be located
and designed to meet all of the following standards.
A) Equipment Placement
Outdoor mechanical, electrical, and communication
equipment, shall be placed on roofs or to the rear
or side of buildings and shall not be placed in front
setbacks.
B) Equipment Screening
Equipment shall be screened from public view
by landscape screens or architecturally-finished
walls and enclosures designed consistent with the
exterior facade of the building. Rooftop mechanical
and elevator penthouses shall be designed to
complement the design of street-facing building
facades and shall be clad on all sides in material used
on street-facing facades.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
75
SECTION C-607. ATTACHED DWELLING
TYPES
Table 4. Attached Dwelling Types General provides
an overview of several types of attached dwellings
which could be permitted in the Downtown District,
consistent with the applicable frontage standards
in Division 4. Attached dwellings may also be part
of mixed-use projects at various scales, where
residential uses are integrated vertically.
Column intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 76
Attached Dwelling Type Description Building Frontage
Duplex: A residential building with the design character of a
large single family home, but occupied by two households living
separately in attached units. Said units may be attached front-to-
back, side-to-side, or be stacked (up and downs).
Urban Residential 2
Neighborhood Infi ll
Neighborhood Conservation
Carriage House: An accessory dwelling unit to a primary dwelling
unit on the same site. A carriage house provides permanent
provisions for living, sleeping, eating, cooking and sanitation, and
can be on the ground fl oor or above a garage, but shall be attached
to the garage.
Neighborhood Infi ll
Neighborhood Conservation
Townhomes: Also called townhouses, a residential building
occupied by households living separately in three or more attached
units. Said units are attached side-by-side in a two to three story
confi guration.
Urban Residential 1
Urban Residential 2
Neighborhood Infi ll
Fourplex: A residential building occupied by four households in
four separate units with two on the ground fl oor and two above
while sharing a single entryway.
Urban Residential 2
Neighborhood Infi ll
Small Multiplex: A residential building typically occupied by fi ve
to ten households living separately in fi ve to ten attached units.
Units within a small multiplex may have a variety of confi gurations,
including side-by-side, front-to-back, and stacked.
Urban Residential 2
Neighborhood Infi ll
Table 4. Attached Dwelling Types General
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
77
Attached Dwelling Type Description Building Frontage
Large Multiplex: A residential building typically occupied by 11
to 20 households living separately in 11 to 20 attached units. Units
within a large multiplex may have a variety of confi gurations,
including side-by-side and stacked, typically with one shared entry.
Urban Residential 1
Urban Residential 2
Mid Rise: A residential building typically occupied by multiple
households living separately. Mid rise buildings typically are fi ve to
seven stories in height, and contain structured parking for residents
and guests.
Urban Residential 1
Urban Residential 2
High Rise: A residential building typically occupied by multiple
households living separately. High rise buildings are typically
greater than seven stories in height, and contain structured parking
for residents and guests.
Urban Residential 1
Urban Residential 2
Table 4. Attached Dwelling Types General (continued)
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 78
Division 7. Sign Standards [Reserved]
Page Intentionally Blank
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
79
Division 8. Flexibility
SECTION C-801. GENERAL
Flexibility in the application of development
standards in Appendix C, Divisions 3, 4, 5, and 6
may be approved by the Community Development
Coordinator or Community Development Board
as provided below. Where flexibility is allowed, the
level of flexibility permitted shall be the minimum
extent required to address flexibility standards and
requirements.
SECTION C-802. PROCESS
Authority to grant flexibility shall follow the approval
levels indicated by use in Table 1. Use & Off-Street
Parking and shall be administered consistent with
the development review procedures in Article
4 of this Development Code. The Community
Development Coordinator shall have authority
to grant flexibility for Level One approvals and
the Community Development Board shall have
authority to grant flexibility for Level Two approvals.
Where flexibility is being requested for a Level One
Minimum Standard Development use, the request
shall be processed as a Level One Flexible Standard
Development.
SECTION C-803. FLEXIBILITY
PROVISIONS
Flexibility may be approved subject to the standards
below.
A) Frontage Standards - Properties with Multiple
Street Frontages
Flexibility in the orientation of front building facades
for attached and detached dwellings may be
approved to allow for frontage orientation consistent
with typical frontage orientation on surrounding
blocks.
B) Frontage Standards - Building Setbacks
1. Front building setbacks greater than the
maximums allowed may be approved for projects
with a publicly-accessible outdoor open space or site
constraints such as shape irregularities and/or the
presence of natural features, existing utilities, utility
easements, or access easements making meeting
setback requirements impractical or infeasible.
2. Flexibility in the application of front setback
requirements may be approved to allow new
development setbacks compatible with the
traditional character of development on adjacent
sites and block frontages.
3. Flexibility in the application of front setback
requirements to provide 10-foot minimum sidewalk
widths may be approved to allow new development
setbacks compatible with the traditional character of
development on adjacent sites and block frontages.
4. Side and rear setbacks less than the minimum
allowed may be approved for projects to allow
for innovative site designs that advance the goals
and objectives for the Clearwater Downtown
Redevelopment Plan.
5. The maximum spacing between individual
buildings along Storefront 1 and Urban Residential
1 Street Frontages may be increased or waived
for projects with one or more of the following
characteristics.
a. The proposed site configuration is designed to
incorporate natural features such as a stand of
mature trees, body of water, wetland or other
similar feature.
b. Placement of existing buildings and/or site
access and circulation constraints make it
infeasible to meet the standard.
c. The placement of publicly-accessible outdoor
plaza spaces to the side of the building results
in increased spacing to accommodate the
plaza.
Where flexibility in the standard is allowed,
enhanced landscaping and the use of low walls
along street frontages to screen parking and define
the edge of pedestrian walkways shall be required.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 80
C) Frontage Standards - Fences & Walls Along
Street Frontages
Flexibility in the prohibition of fences and walls in
front of buildings along Street Types D, E, and F may
be approved where the placement of a fence or wall
in front of the building does not negatively affect
the project’s pedestrian orientation or is found to
be compatible with front setback conditions on
abutting and nearby properties. Where flexibility
is approved, fence or wall height shall be 6 feet
maximum, and any portion above three feet in
height shall be at least 50 percent open (i.e., picket
style).
D) Frontage Standards - Front Building Facades &
Entries
1. For buildings with multiple street frontages,
required glazing below 4 feet along secondary
street frontages may be exempt from the daylight
reduction (tinting) standard. No reflective or
mirrored coating or treatments are permitted. These
flexibility provisions are illustrated in Figure 33.
Frontage Design Flexibility.
2. Flexibility in locating building entries on
secondary street frontages may be approved as
long as facades on primary and secondary street
frontages are designed to meet applicable standards
and the primary building entry is located on the
primary street frontage or corner.
3. Flexibility in the application of finished floor
elevation standards for residential buildings may be
approved to accommodate projects on sloping sites
or projects with innovative building types.
E) Frontage Standards - Parking
1. Flexibility in the application of landscape and
wall requirements to screen surface parking, service
areas, and structured parking, may be approved
where alternative design treatments result in all of
the following.
a. The screening of vehicles from view along
public sidewalks.
b. The physical separation of pedestrian use and
vehicular use areas.
c. The creation of safe, comfortable, and quality
pedestrian environments along pedestrian
walkways and public sidewalks.
Figure 33. Frontage Design Flexibility
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
81
2. Flexibility to allow surface or ground floor parking
and other vehicular use areas, including vehicular
loading/unloading areas and passenger drop off
areas, may be approved along secondary street
frontages. If approved, such areas shall be primary
street frontages 20 feet minimum, and include
architectural and landscape screening and other
treatments that contribute to the creation of safe
and comfortable pedestrian environments along
pedestrian walkways and public sidewalks. Curb
cuts from secondary street frontage to access such
locations shall be minimized.
3. Flexibility to allow single width private driveways
located in side setbacks no closer than 2 feet from
side lot lines may be approved along Street Type F
for projects where the adjacent property’s driveway
is not located within the side setback on the shared
property line for which the flexibility is required.
F) Frontage Standards - Attached & Detached
Dwellings
Flexibility in meeting frontage requirements
for attached or detached dwelling projects
may be approved if a project utilizes innovative
building types or styles such as bungalow court
configurations, carriage houses, or the like. Flexibility
shall only be approved along Street Types E and F.
G) Site Design Standards - Development Pattern
Flexibility in the application of requirements for
development blocks and lots, new private drives,
and new private service drives may be approved for
projects on sites where the applicant demonstrates
that site size, dimension, shape, or presence of
constraints such as natural areas, utilities or utility
easements, or other existing features make meeting
these requirements infeasible.
H) Building Design Standards - Facade Design &
Articulation
Flexibility in meeting the facade design and
articulation standards may be approved where the
alternative design treatment provides a varied and
interesting design and the alternative treatment
is integral to the building’s design and results in
facades of equal or better quality than the standards
would produce.
I) Building Design Standards - Glass Treatments
Flexibility in applying glass treatment standards may
be permitted for buildings that incorporate stained
or art glass as an integral part of the building design
and still provide for the minimum level of glazing as
required under Appendix C, Division 4.
J) General Flexibility Provisions
Flexibility in the application of development
standards for places of worship, certain indoor
recreation uses such as auditoria, museums,
and stadiums, and public utilities uses may be
approved. Buildings and improvements shall include
architectural and landscape screening and other
treatments that contribute to the creation of safe
and comfortable pedestrian environments along
pedestrian walkways and public sidewalks.
K) Character District Standards - Residential Use
Restrictions
Flexibility in the application of residential use
restrictions for projects along Street Type D or
limited segments of frontage designated Street
Type E may be approved to permit office use where
the applicant demonstrates that the hours of
operation, parking demand, and other use related
impacts are minimized, primary entries to individual
ground floor units are provided, and the office use
and architectural character are consistent with the
character of the surrounding area. Flexibility on
frontage designated Street Type E shall only be
permitted on: Drew Street between Martin Luther
King, Jr. Avenue and Missouri Avenue; Grove Street
between Martin Luther King, Jr. Avenue and Missouri
Avenue; and on Garden Avenue north of Seminole
Street.
DOWNTOWN DISTRICT & DEVELOPMENT STANDARDS
Ordinance No. 9149-18 82
Division 9. Administration
SECTION C-901. SITE PLAN APPROVALS
The final decision-making authority for site plans is
either the Community Development Coordinator for
Level One approvals or the Community Development
Board for Level Two approvals, as specified in
Article 4. The level of approval required varies by
use and character district as specified in Table 1.
Use & Off-Street Parking, which identifies whether
a use can be approved as a Building Construction
Permit (Level 1 Minimum Standard), or if Community
Development Coordinator (Level 1 Flexible Standard
Development) or Community Development Board
(Level 2 Flexible Development) approval is required.
Projects requesting flexibility in the application of
development standards shall follow the process
established in Appendix C, Section C-802.
SECTION C-902. AMENDING STREET
TYPES & KEY CORNERS
Changing a designated street type or key corner
designation requires an amendment to Figure 2.
Regulating Plan – Street Types and Key Corners,
which is a text amendment. Text amendments will
be processed in accordance with Section 4-601.
A request to amend a street type or key corner
designation must also include an application for
development approval.
SECTION C-903. REGULATING PLAN
ADJUSTMENTS
A) Minor Street Type Adjustments
The street type designation along front property
lines may be adjusted up to 200 feet by the
Community Development Coordinator through a
Level 1 Flexible Standard Development application,
provided that such adjustments do not negatively
affect the project’s pedestrian- and transit-
orientation, and advance the goals and objectives of
the Clearwater Downtown Redevelopment Plan.
B) Street Type on Existing or New Public Streets
Upon approval of a development project which
includes new public streets or existing public streets
where a street type was not previously depicted in
Figure 2. Regulating Plan – Street Types and Key
Corners, the Community Development Coordinator
will make an administrative adjustment to Figure 2.
Regulating Plan – Street Types and Key Corners to
reflect the approved street type(s).
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9178-18 2nd rdg
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.3
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9178-18 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 1000 Court Street, Clearwater, Florida 33756 from Commercial
General (CG) to Central Business District (CBD).
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 7/30/2018
Ordinance No. 9178-18
ORDINANCE NO. 9178-18
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 NORTHEAST
CORNER OF COURT STREET AND EWING AVENUE,
WHOSE POST OFFICE ADDRESS IS 1000 COURT
STREET, CLEARWATER, FLORIDA 33756, FROM
COMMERCIAL GENERAL (CG) TO CENTRAL BUSINESS
DISTRICT (CBD); 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 categories for the hereinafter
described property, as follows:
Property Land Use Category
Lots 8, 9 and 10, Block D, COACHMAN
HEIGHTS, according to the map or plat
thereof as recorded in Plat Book 20, Page
26, Public Records of Pinellas County,
Florida. LESS road right-of-way as described
in Deed Book 1328, Page 490, Public
Records of Pinellas County, Florida;
From: Commercial
General (CG)
To: Central Business
District (CBD)
(LUP2018-06004)
The map attached as Exhibit A is hereby incorporated by reference.
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City’s Comprehensive Plan.
Section 3. This ordinance shall take effect contingent upon 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
Ordinance No. 9178-18
Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this
ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form:
Michael P. Fuino
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk
Exhibit A
10065
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45
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62
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1
2
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COURT ST CHESTNUT ST EWING AVE EWING PL GOULD ST
BROWNELL ST S MARTIN LUTHER KING, JR. AVE CBD
RU
CBD
CG
CBD
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CBD
CBD
CG
RH
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380
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11131114100011071109½-Not to Scale--Not a Survey-Rev. 6/11/2018
FUTURE LAND USE MAP
Owner(s): Court Street Animal Hospital Inc. Case: LUP2018-06004
Site: 1000 Court Street Property
Size(Acres): 0.360
Land Use Zoning
PIN: 15-29-15-16830-004-0080
From: Commercial
General (CG) Downtown (D)
To: Central Business
District (CBD) Downtown (D) Atlas Page: 287A
PLANNING & DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: July 17, 2018
AGENDA ITEM: G.1.
CASES: LUP2018-06004
REQUEST: To amend the Future Land Use Map designation from Commercial General
(CG) to Central Business District (CBD)
GENERAL DATA:
Applicant ......................... City of Clearwater
Owner ............................. Not Applicable; City of Clearwater Initiated Amendment (per Section 4-
603.B.1., Community Development Code)
Location .......................... 1000 Court Street, on the northeast corner of Court Street and Ewing
Avenue
Property Size ................... 0.360 acres
BACKGROUND:
This case involves a 0.360-acre property located on the northeast corner of Court Street and Ewing Avenue,
which is in the Prospect Lake Character District of the Clearwater Downtown Redevelopment Plan. The
parcel, owned by Court Street Animal Hospital, Inc., is currently a veterinary office. The request is to change
the Future Land Use Map designation of the parcel from Commercial General (CG) to Central Business
District (CBD), consistent with the remainder of the properties in the Prospect Lake Character District. This
parcel was inadvertently not advertised within Ordinance 9143-18 which amended the remainder of the
Prospect Lake Character District to Central Business District (CDB); therefore, this application is being
processed separately. This parcel was already designated with the Downtown (D) District zoning, so a
companion Zoning Atlas amendment is not needed. Maps 1 and 2 show the general location and an aerial
view of the amendment area.
Community Development Board – July 17, 2018
LUP2018-06004 – Page 2
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Map 1 Map 2
Vicinity Characteristics:
Map 3 shows the existing surrounding uses. The area includes multi-family residential to the north, a small
restaurant to the east, offices to the south, and vacant land to the west. Additionally, to the northwest, is a
hotel.
Map 3
Community Development Board – July 17, 2018
LUP2018-06004 – Page 3
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
As shown on Map 4, the abutting properties are all designated Central Business District (CBD). 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
Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations
Present FLUM Designation
Residential Low (RL)
Requested FLUM Designation
Central Business District (CBD)
Prospect Lake Character District
Primary Uses:
Office; Retail Sales & Service;
Overnight Accommodations
Moderate to High Density
Residential; Office; Retail Sale &
Service; Public/Semi-Public uses as
indicated in approved Redevelopment
Plan
Maximum Density:
24 Dwelling Units per Acre; 40
Overnight Accommodation Units per
Acre
50 Dwelling Units Per Acre
Maximum
Intensity:
FAR 0.55
ISR 0.90
FAR 1.5
ISR N/A
Consistent Zoning
Districts:
Commercial (C) Downtown (D)
Community Development Board – July 17, 2018
LUP2018-06004 – Page 4
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 goal, objectives and policy 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.
Policy A.6.1.8 The City shall continue to support and implement approved community redevelopment
area plans, such as the Clearwater Downtown Redevelopment Plan (2004), Beach by
Design (2001), and the US 19 Corridor Redevelopment Plan (2012).
Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and
mixed land use development techniques in order to promote infill development that is
consistent and compatible with the surrounding environment.
Objective B.1.5 The City shall specifically consider the existing and planned LOS the road network
affected by a proposed development, when considering an amendment to the land use
map, rezoning, subdivision plat, or site plan approval.
The proposed Central Business District (CBD) future land use category will allow a mix of uses at higher
densities and intensities which will support infill development and the redevelopment of underutilized sites.
This is a city-initiated amendment, so no redevelopment of this parcel is contemplated at this time. New
development at an urban scale that is typically found in Downtown neighborhoods would further promote a
variety of transportation modes by supporting the ability to walk between destinations or to use public
transit. 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 it supports the plan as indicated above.
Consistency with the Countywide Plan Rules
Recommended Findings of Fact:
Because this parcel has been governed by the Clearwater Downtown Redevelopment Plan regardless of its
future land use designation, the amendment area is already designated as Activity Center (AC) with the
Special Center Subcategory on the Countywide Plan Map. The proposed City of Clearwater future land use
Community Development Board – July 17, 2018
LUP2018-06004 – Page 5
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
designation of Central Business District (CBD) is consistent with the Countywide Plan Map category of
Activity Center (AC), Special Center Subcategory.
Section 2.3.3.14 of the Countywide Plan Rules states that the purpose of the Activity Center (AC) category is
to recognize those areas of the county within each local government jurisdiction that have been identified
and planned for in a special and detailed manner, based on their unique location, intended use, appropriate
density/intensity, and pertinent planning considerations. In particular, it is the intent of this category to
recognize those important, identifiable centers of business, public, and residential activity, as may be
appropriate to the particular circumstance, that are the focal point of a community, and served by enhanced
transit commensurate with the type, scale, and intensity of use. Activity Centers are intended to encompass
areas developed in a radial pattern within walking distance (¼ to ½ mile) of a central point or hub served by
transit.
Although the proposed City future land use category of Central Business District (CBD) is consistent with
the existing Countywide Plan Map category of Activity Center – Special Center Subcategory, this map
amendment will result in changes to the density and intensity standards for the properties within the
proposed amendment area. This will require an application for a Countywide Plan Map amendment.
Recommended Conclusions of Law:
The proposed Future Land Use Map amendment is consistent with the purpose of the current 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:
The surrounding area includes multi-family residential to the north, a small restaurant to the east, offices to
the south, and vacant land to the west. Additionally, to the northwest, is a hotel.
While the parcel is already developed with a veterinary office, the proposed map amendment will allow for a
greater number of permitted uses that could be developed at a higher intensity than what currently exists. The
proposed Central Business District (CBD) future land use category permits residential development at a
density of 50 dwelling units per acre and nonresidential development at a Floor Area Ratio (FAR) of 1.5.
Recommended Conclusions of Law:
The proposed Central Business District (CBD) 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.
Community Development Board – July 17, 2018
LUP2018-06004 – Page 6
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
“CG”
Requested FLUM
Designation
“CBD”
Net Change
Site Area 0.360 AC
(15,681 SF)
0.360 AC
(15,681 SF)
Maximum
Development
Potential
8 DU
8,624 SF
0.55 FAR
18 DUs
23,552 SF
1.5 FAR
10 DUs
14,897 SF
0.95 FAR
Abbreviations:
FLUM – Future Land Use Map DUs – Dwelling Units
FAR – Floor Area Ratio AC – Acres
SF – Square feet
As shown in the table, there is an increase in development potential for this site which would affect public
facilities as detailed further below. The following analysis compares the maximum potential development of
the proposed Central Business District (CBD) land use (23,552 SF) to the maximum development potential
of the existing Commercial General (CG) land use (8,624 SF).
Potable Water
The increase in development potential from this amendment could result in an increase in potable water use
of 1,490 gallons per day. This is determined by comparing the potential potable water utilization of the
maximum intensity allowed by the proposed land use (2,352 gallons per day) to the potential utilization of
the maximum nonresidential development allowed by the current land use designation (862 gallons per day).
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 (2016-2026) 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.
Community Development Board – July 17, 2018
LUP2018-06004 – Page 7
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Wastewater
The increase in development potential from this amendment could also result in an increase in wastewater
production of 1,192 gallons per day. This is determined by comparing the maximum potential wastewater
generation of the proposed land use (1,882 gallons per day) to the potential wastewater generation of
nonresidential uses that could be permitted through the current land use designation (690 gallons per day).
The amendment area is served by the Marshall Street Reclamation Facility, which presently has excess
permitted capacity estimated to be 4.59 million gallons per day. Therefore, there is excess sanitary sewer
capacity to serve the amendment area.
Solid Waste
The proposed amendment could result in an increase of 34.3 tons per year of solid waste when compared to
the amount of waste generated by the maximum development potential under the proposed land use (54.1
tons per year) to that allowed by the current land use designation (19.8 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 proposed amendment area is within a short distance from the City’s Glen Oaks and Crest Lake Parks.
Additionally, Prospect Lake Park is just north of the amendment area, and Coachman Park is under a mile to
the northwest. The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not
be impacted by this proposed amendment.
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
According to the Pinellas County Metropolitan Planning Organization 2017 Level of Service Report
(compiled December 2017), the Court Street segment is operating at a level of service of D. As described
earlier, this area has a robust network of local streets in addition to these more major roadways, and the City
is continuing to improve its network from a multimodal capacity standpoint, including the addition of
protected bike lanes as part of the Cleveland Streetscape Phase III project.
Community Development Board – July 17, 2018
LUP2018-06004 – Page 8
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
Individual projects along these roadways will be evaluated for impacts at the time plans are submitted under
the City’s Mobility Management System in the Community Development Code. All development projects
within the City that generate new peak hour trips are subject to the provisions of the Mobility Management
System to address their development impacts. Depending on the level of impact, developers of projects may
need to submit a transportation management plan designed to address their impacts while increasing mobility
and reducing the demand for single occupant vehicle travel or may need to also conduct a traffic study and
report the results and identify improvements necessary.
Recommended Conclusions of Law:
Based upon the findings of fact, the street network has many connections to local and regional destinations
and is operating at an adequate level of service to support additional development. There is adequate capacity
to accommodate new trips from future development. There is an increase in demand for potable water,
generation of wastewater and solid waste, but there is adequate capacity to accommodate the maximum
demand generated by the allowable development potential. Furthermore, the City has sufficient parkland and
recreational facilities, so the new development will not negatively affect the adopted Level of Service for
parkland and recreational facilities.
Impact on Natural Resources [Section 4-603.F.5]
Recommended Findings of Fact:
No wetlands appear to be located within the proposed amendment area. 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 parcels.
Community Development Board – July 17, 2018
LUP2018-06004 – Page 9
Level III Comprehensive Plan Amendment Review
PLANNING & DEVELOPMENT
LONG RANGE PLANNING DIVISION
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
property.
X
F.5 The amendment will not adversely affect the natural
environment.
X
F.6 The amendment will not adversely impact the use of
property in the immediate area.
X
Based on the foregoing, the Planning and Development Department recommends the following action:
Recommend APPROVAL of the City initiated Future Land Use Map amendment from the Commercial
General (CG) designation to Central Business District (CBD).
Prepared by Planning and Development Department Staff:
Kyle Brotherton
Senior Planner
ATTACHMENTS: Ordinance No. 9178-18
Resume
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9169-18 2nd rdg
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 8.4
SUBJECT/RECOMMENDATION:
Adopt Ordinance 9169-18 on second reading, amending the Clearwater Downtown
Redevelopment Plan by repealing and replacing Chapter 4 of the plan related to plan
implementation, updating the list of Capital Improvement Projects, work programs, incentives
and TIF projections.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 7/30/2018
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ORDINANCE NO. 9169-18
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING
TO THE CLEARWATER DOWNTOWN REDEVELOPMENT PLAN;
REPEALING CHAPTER 4 PLAN IMPLEMENTATION; AMENDING
CHAPTER 3 TO CLARIFY THE GRAPHICS AND HOUSING POLICY
LANGUAGE; ADOPTING A NEW CHAPTER 4 PLAN IMPLEMENTATION,
UPDATING THE LIST OF CAPITAL IMPROVEMENT PROJECTS, WORK
PROGRAMS, INCENTIVES AND TIF PROJECTIONS; UPDATING
APPENDICES TO MAINTAIN CONSISTENT REFERENCES
THROUGHOUT THE PLAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Forward Pinellas, in its role as the Pinellas Planning Council, has recognized
the Clearwater Downtown Redevelopment Plan as an adopted Special Area Plan, pursuant to
Section 6.5.4.3 of The Countywide Rules and the City of Clearwater (“the City”) has the authority
pursuant to The Countywide Rules to amend a Special Area Plan adopted prior to August 7, 2015;
and
WHEREAS, Resolution No. 81-67, adopted on August 6, 1981, declared that a blighted
area exists within a specified boundary in Downtown Clearwater and that there is a need for a
Community Redevelopment Agency to carry out redevelopment activities in this blighted area;
and
WHEREAS, the City Commission, via Ordinance No. 2576-81, adopted a Community
Redevelopment Plan for the Community Redevelopment Area on December 17, 1981; and
WHEREAS, the City Commission approved a major revision to the Clearwater Downtown
Redevelopment Plan in 1995; and
WHEREAS, the Clearwater Downtown Redevelopment Plan, which serves as both
Special Area Plan and Community Redevelopment Plan for the City’s Community Redevelopment
Area, was amended to expand the geographic scope of the City’s Community Redevelopment
Area via Ordinance No. 7153-03, which was adopted on September 18, 2003 and has
subsequently approved amendments thereto; and
WHEREAS, the Pinellas County Board of County Commissioners approved the City’s
Community Redevelopment Plan adopted by Ordinance No. 7231-04 on December 16, 2003 and
has subsequently approved amendments thereto; and
WHEREAS, the Countywide Planning Authority approved the updated and amended
Clearwater Downtown Redevelopment Plan as the Special Area Plan for Downtown Clearwater
on February 3, 2004 and has subsequently approved amendments thereto; and
WHEREAS, the City Council reaffirmed and updated the vision, guiding principles, goals,
objectives and policies of the Clearwater Downtown Redevelopment Plan, including an expansion
to the geographic scope of the Downtown Planning Area via Ordinance 9103-18, which was
adopted on March 1, 2018; and
WHEREAS, the Pinellas County Board of County Commissioners approved the updated
and amended Clearwater Downtown Redevelopment Plan on May 8, 2018; and
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WHEREAS, the requirements of Florida Statutes, Chapter 163, have been met; and
WHEREAS, a revitalized Downtown must be achieved to maintain a strong and healthy
City; and
WHEREAS, Downtown Clearwater is still in need of revitalization; and
WHEREAS, the City desires to draw residents and visitors to the Downtown waterfront,
catalyze greater Downtown activity and investment and better connect the waterfront to the rest
of Clearwater; and
WHEREAS, the Clearwater Downtown Redevelopment Plan is the guiding plan and
regulatory document for the Downtown Planning Area and recently completed supporting
documents such as Imagine Clearwater, the North Marina Area Master Plan, the Comprehensive
Boating Plan, and the East Gateway District Vision Plan were integrated into the Clearwater
Downtown Redevelopment Plan; and
WHEREAS, the Clearwater Downtown Redevelopment Plan needed an updated
implementation chapter to move forward with implementing the goals and objectives as updated
in 2018; and
WHEREAS, these proposed amendments to the Clearwater Downtown Redevelopment
Plan will provide a detailed plan for improving the Downtown Planning Area by private enterprise
and is consistent with the needs of the City as a whole; and
WHEREAS, these proposed amendments repeal and replace Chapter 4, provide minor
modifications to Chapter 3 and delete Appendix 8 in preparation for the Board of County
Commissioners Tax Increment Finance 15-year review around October 2018; and
WHEREAS, the Community Redevelopment Agency has reviewed the proposed
amendments to the Clearwater Downtown Redevelopment Plan, as detailed in Exhibit “A,” and
recommends approval to the City Council; and
WHEREAS, the proposed amendments to the Clearwater Downtown Redevelopment
Plan, as detailed in Exhibit “A,” were reviewed by the Community Development Board, which is
the local planning agency for the City of Clearwater for purposes of the Local Government
Comprehensive Planning and Land Development Regulation Act, and the Community
Development Board found the Proposed Plan to be consistent with the Comprehensive Plan of
the City; and
WHEREAS, the proposed amendments to the Clearwater Downtown Redevelopment
Plan conform to the City’s general comprehensive plan; and
WHEREAS, public input was gained through presentations and discussions in 2018 with
Downtown Boards, organizations, and citizens now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Amendments to Chapters 1 and 3, identified as Amendments 1 – 2 in Exhibit
“A”, are hereby adopted; Chapter 4 of the current Clearwater Downtown Redevelopment Plan is
-3-
repealed and shall be replaced by a new Chapter 4, identified as Amendment 3 in Exhibit “A”,
which is hereby adopted; and Appendix 8 is hereby deleted in its entirety.
Section 2. The City Manager or designee shall forward the proposed Clearwater
Downtown Redevelopment Plan amendments, as detailed in Exhibit “A,” to any agency required
by law or rule to review or approve same.
Section 3. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 4. This ordinance shall take effect immediately upon adoption, subject to the
approval by the Pinellas County Board of County Commissioners and the Countywide Planning
Authority.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________
READING AND ADOPTED
____________________________
George N. Cretekos
Mayor
Approved as to form: Attest:
____________________________ ____________________________
Michael P. Fuino Rosemarie Call
Assistant City Attorney City Clerk
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EXHIBIT A
ATTACHMENT TO ORDINANCE 9169-18
AMENDMENT 1 – CHAPTER 1. INTRODUCTION, PLANNING FOR DOWNTOWN
Amend Language in Downtown Plan Updates and CRA Expansion Subsection on Page 5 as
follows:
* * * * *
In 2002, the City prepared a Findings and Declarations of Necessity Analysis for the 200-acre
area generally east of the existing CRA, known as the “Gateway Expansion Area”, which
included land governed by the Southeast and Southwest Northeast Expansion Areas of the
Clearwater Downtown Periphery Plan. The study clearly demonstrated the need for
revitalization outside of the existing CRA boundaries and documented the following conditions:
* * * * *
AMENDMENT 2 – CHAPTER 3. LAND USE/REDEVELOPMENT PLAN, HOUSING &
NEIGHBORHOOD ELEMENT
Amend Housing Policy 13 on Page 92 as follows:
* * * * *
Policy 13:
Continue to work with Pinellas County the Homeless Leadership Board, Continuum of Care
providers and other coordinating organizations to address the problem with the chronic
homeless population root causes of homelessness.
* * * * *
AMENDMENT 3 – CHAPTER 4. PLAN IMPLEMENTATION
Repeal Chapter 4 and replace it with the following, renumbering subsequent pages accordingly:
Plan ImplementationPublic Amenities Incentive Pool | Capital Improvement Plan | Incentives | TIF Projections
Clearwater Downtown Redevelopment Plan128 of 189 | July, 2018Chapter 4: Plan ImplementationINTRODUCTIONAs stated in the Plan’s introduction it, “lays the groundwork to reclaim Downtown as Clearwater’s historic urban core and the heart of the city.” The implementation of this vision will require the active participation of every public, private and non-profi t organization located in downtown and the residents of Clearwater over the next decade. The primary focus of this chapter is to provide a summary of the major activities and capital improvements that will be completed by the City and the Community Redevelopment Agency over the next fi ve years. This Plan serves as a Special Area Plan in accordance with the County Rules of Pinellas County. It also serves as the Community Redevelopment Plan in accordance with Florida’s Community Redevelopment Act. Planning documents are static, but plan implementation is dynamic. Changes in technology, unanticipated funding opportunities or restrictions and demographic changes will inevitably impact the process of downtown revitalization and public investment. However, all changes to work programs and capital improvements must remain in alignment with the Plan’s goals and objectives. The Plan will be implemented in four major ways:Plan goals, objectives and design standards are applied through the site plan review process The Public Amenities incentive pool programThe Capital Improvements ProgramPolicy implementation through City led projects and programs There are four sections in this Chapter: Role of the Community Redevelopment AgencyFunding Sources IncentivesCapital Improvement Program and Policy Implementation ProjectsThe Community Redevelopment Agency (CRA) section outlines the role of the CRA in downtown revitalization. The Funding Sources section contains all the identifi ed and potential sources of revenue for implementation as well as tax increment projects for the CRA districts. The Incentives section provides information on available incentive programs for the downtown area. It also includes the relationship of this plan to the Community Development Code and Public Amenities Incentive Pool. The Capital Improvement Program and Policy Implementation Projects section lists planned improvements for the entire downtown plan area as well as each character district.ROLE OF THE COMMUNITY REDEVELOPMENT AGENCYDowntown is a complex environment with a variety of stakeholders who each play a role in implementing the community’s vision and goals for downtown. The City Council recognized the need for a dedicated focus on downtown redevelopment through the establishment of the Community Redevelopment Agency as an independent department in 2016. The CRA is at the nexus of all the public entities, citizen boards, non-profi t organizations, institutional organizations and the private sector who have an interest in Downtown. It will play a critical role over the next ten years in ensuring that each of these stakeholders are contributing to a shared vision and using TIF revenue to leverage additional investment towards Plan implementation.CRAs were originally established to reduce blight and spur economic investment in cities where the private market was not functioning. In 2018, the market in Downtown Clearwater has stabilized, yet many properties remain vacant and underutilized. It has yet to fully realize the 2018 Plan’s vision of a live, work and play community. The CRA will continue its historic pattern of investment in public infrastructure, reducing the costs of developing housing and land acquisition to assemble property for redevelopment. Under the umbrella of the Plan’s guiding principles, there will be an expanded focus on placemaking. Placemaking activities include designing Complete Streets, support for public art and funding activities and program that bring public spaces to life. The CRA will also take a key role in creating
July, 2018 | 129 of 189Chapter 4. Plan Implementationa Downtown that is an inclusive and welcoming environment. We recognize that Downtown must serve Clearwater residents, the larger region and tourists. The CRA uses the following framework to guide how TIF funds are invested, to design programs and to establish partnerships. The CRA invests in the expansion and strengthening of networks of residents, business owners and investors who help implement the Downtown vision. Examples of this include producing special events targeted to specifi c businesses that the CRA would like to bring to Clearwater, like museums and craft breweries. The CRA invests in the reduction of barriers to establishing businesses and building housing in Downtown. Examples of this include reducing the cost of land acquisition for developers and adopting a new zoning code for Downtown.The CRA provides platforms, real and virtual, that support the implementation of the vision for Downtown. Examples of this include the www.downtownclearwater.com website and Second Century Studios.The CRA creates and promotes a positive brand for Downtown. Examples of this include the public mural project and the new Downtown Clearwater logo.Coordination with other plans and agenciesIn addition to the projects and programs outlined in this Chapter, the CRA will coordinate with other City departments, County organizations and the Downtown Development Board to implement common goals from adopted plans. The Downtown Development Board has adopted a new strategic plan in 2018 with a focus on promoting Imagine Clearwater to leverage new investments in housing and businesses, promoting high tech jobs and creating a streamlined permitting process. The Planning and Development Department will update the City’s Comprehensive Plan, administer Special Area Plans, like the North Marina Master Plan, that are adjacent to the CRA and bike and pedestrian safety studies.The Economic Development and Housing Department has identifi ed economic development goals for downtown including creating a technology district to attract and retain software IT companies, creating a medical overlay to encourage new healthcare sector employment adjacent to the Morton Plant hospital and to update federally required housing plans to include a focus on workforce housing. Forward Pinellas and PSTA will continue to participate in the implementation of an expanded regional transit system, trail network and arts amenities like the proposed Cultural Trail on Alternate 19/Myrtle Avenue.
Clearwater Downtown Redevelopment Plan130 of 189 | July, 2018There are two sets of TIF projections – the original CRA area established in 1981 and the expanded area established in 2004. The CRA collects 95% of the total tax roll valuation that is generated above the base year amount from the City and the County. The City’s portion has been adjusted for senior exemptions. For the purposes of this plan, we have not included the Downtown Development Board’s (DDB) contribution since the CRA merely acts as a pass through entity for the funds and the DDB members are elected and adopt their own budget. Table 4.2 illustrates the tax revenues from the base year of the CRA, at the time of the 2004 plan, the 2018 projections and the 2023 projections assuming no change in the millage rate and a 3% increase in property values.The years 2019-2023 will include the start of several signifi cant projects including the implementation of the Imagine Clearwater, two large housing developments, the Festival Market in the Downtown Gateway district and Pinellas Trail improvements. We anticipate that tax revenue may increase greater than 3% annually as those large public improvements are substantially underway. However, there are still signifi cant challenges, outlined in Chapter 3, that will need to be addressed that will require maintaining the full contribution of the City and County TIF revenues. FUNDING SOURCESThe planned improvements in the Downtown will require multiple funding sources. Each project has an identifi ed source of funding, unless To Be Determined (TBD) is listed. Capital improvements and programs that are funded through the City’s General Fund are verifi ed and updated each year through the annual budget process. Community Redevelopment Agency funds are verifi ed and updated each year through an annual budget adopted by the CRA Trustees. Grant programs, like SHIP, CDBG and HOME, are contingent on state and federal allocations on a yearly basis.Table 4.1 summarizes funding sources that are identifi ed in this chapter.TAX INCREMENT REVENUE PROJECTIONSChapter 163, Part III, Florida Statutes, authorizes the County to approve the use of tax increment revenues for community redevelopment. According to the statute, the assessed valuation of the parcels noted on a certifi ed tax roll within the CRA is “frozen” as of a specifi ed date; after this base year, all future increase in tax revenues may be used by the CRA for approved redevelopment projects. The County has approved the majority of the 2018 Clearwater Downtown Redevelopment Plan. The CRA will submit a comprehensive TIF report with a request for the extension of the County’s portion of the TIF in October 2018. TIF funding is the primary source of CRA revenue for its operations and redevelopment projects.Name of Funding Source Funding Entity Likelihood of Funding Availability [1=Strong, 2=Moderate, 3=Limited]General Fund City of Clearwater unrestricted tax dollars1Enterprise Funds (Parking, Gas, Solid Waste, Water/Sewer, Stormwater, Special ProgramCity of Clearwater restricted tax dollars 1Pinellas for Pinellas Sales Tax 2CRA TIF Designated City tax increment funds from the CRA district1County TIF Designated County tax increment funds from the CRA district1Downtown Development Board Designated City tax funds from the DDB district1HOME/SHIP/CDBG Federal and State program funds 2Forward Pinellas County tax dollars 2Pinellas Suncoast Transit Authority Tax dollars generated through a special district, fares3Grants This is funding from a variety of public and non-profi t sources that is typically limited to a specifi c project or program3Private Investment Funds from non-governmental entities 2Table 4.1. Funding Sources
July, 2018 | 131 of 189Chapter 4. Plan ImplementationINCENTIVESThe City of Clearwater and Community Redevelopment Agency off er a variety of incentive programs to reduce the cost of redevelopment and establishing new businesses in Downtown Clearwater. Qualifying for an incentive is a competitive process and each program has unique guidelines. Potential applicants are strongly encouraged to contact the City/CRA early in their decision process to determine which incentive program could work for their idea.Planning and Development Department IncentivesRelationship of the Downtown Plan to Community Development CodeThe strongest incentive a city can off er to private development is a zoning code and design standards that support the adopted vision for redevelopment to reduce risk and increase predictability to redevelopment projects. In 2018, Clearwater will update the downtown zoning regulations to better align with the goals and objectives of this Plan. In addition to the Clearwater Comprehensive Plan, the Downtown Plan is the offi cial statement of policy regarding the Downtown’s use of land. All development of land, both public and private, undertaken within the Downtown shall be consistent with and further the goals of the Plan. All new or amended development regulations for Downtown shall be consistent with and further the goals of this Plan. The Plan establishes development potential and height for each character district that will govern all redevelopment activity. This Plan considers additional development potential through two tools - Transfer of Development Rights and the Public Amenities Incentive Pool – that may be used to increase the development potential in excess of the amount specifi ed in the Character District upon a determination that the increase is consistent with and furthers the goals of this Plan. CRA Base Year Tax Roll Valuation 1981 CRA Area 2004 CRA Area$84,658,490 $88,234,600Year Total Tax Roll ValuationCity TIF Contribution “Original” AreaCity TIF Contribution “Expanded” AreaCounty TIF Contribution “Old” AreaCounty TIF Contribution “New” AreaTotal2004 $157,877,040 $421,226 $4,157 $421,397 $4,437 $851,2172018 $475,989,561 $1,402,091 $80,751 $1,457,704 $85,374 $3,025,9222023 $551,802,357$3,539,858Table 4.2. TIF Projections
Clearwater Downtown Redevelopment Plan132 of 189 | July, 2018If the Pool is completely allocated during the valid term of this Plan, the City may elect to study alternatives to replenish the Pool. The alternatives studied may include, but are not limited to, a reduction in all or parts of this Downtown Plan area to create development potential or an evaluation of available facility capacity which would facilitate increased development potential in all or parts of the Downtown Plan area. It is recognized that replenishing the Incentives Pool may require review by Forward Pinellas and the Board of County Commissioners in their capacity as the Countywide Planning Authority. Pool Allocation Process The allocation of additional density/intensity shall be made in conjunction with a site plan application reviewed by the Community Development Board (CDB) through a process defi ned in the Community Development Code. The CDB will be responsible for ensuring that all projects utilizing the Pool meet the goals, objectives and policies of the Plan and is in keeping with the vision established for the character district in which the project is located. The CDB may consider granting an increase in the maximum building height specifi ed in a character district if the developer of a site plan application provides a major public amenity as defi ned in the Community Development Code, and the increase in height does not exceed 20% of the maximum permitted height or a minimum of ten feet. Development potential obtained through the Pool shall not be transferred to any other site under any circumstance.Public Amenities Incentive Pool Purpose To overcome the numerous constraints aff ecting redevelopment, the Downtown Plan establishes the Public Amenities Incentive Pool to provide an opportunity for the private sector to gain additional development potential while assisting the public to achieve its redevelopment goals for Downtown Clearwater. Eligible AmenitiesAll property within the Downtown Plan boundaries will be eligible to use the Public Amenities Incentive Pool. Allocations from the Pool will be available to projects that provide one or more improvements and/or fees in-lieu of certain improvements that provide a direct benefi t to Downtown revitalization. The allocation of increased density or intensity through the Pool shall be at the discretion of the City as determined through the Community Development Code site plan review process. The types of amenities eligible for density/intensity bonuses may include, but are not limited to: Residential uses in the Downtown Plan area; Ground fl oor retail in the Downtown Plan area;Uses in particular locations and/or mixed use projects that further the Plan’s major redevelopment goals and character district vision; Day care facility;Portion of project reserved for Aff ordable Housing;Signifi cant Public Space on site; Public Art on site; Preservation of a historic building to the Secretary of Interior’s Standards;Construction of public parking on site;Cultural or Performing Arts Facility on site; Contributions to Master Streetscape and Wayfi nding Plan;Contributions to Imagine Clearwater or Station Square Master Plan; Contributions to Pinellas Trail or connector trails; Contributions to public parking facility; orAs determined by the City Council. Amount of Development Potential in PoolThe amount of fl oor area and dwelling units available in the Pool is created by the diff erence between the development potential allowed by the sum of the potential prescribed by the 2018 Clearwater Downtown Redevelopment Plan and the underlying land use categories of areas not governed by one of these Plans as compared to the development potential permitted in this Plan. As of July 2018, there are 2,088 residential units available and 2,095,667 square feet of fl oor area available.If either the total number of dwelling units or non-residential square feet available in the Pool is substantially or completely allocated, the City shall determine whether or not to allow a conversion of all or part of the remaining potential between dwelling units and non-residential fl oor area. In its sole discretion, the City shall establish the conversion methodology. When all the development potential in the Pool has been allocated, the Pool will cease to exist. Upon the Pool’s termination, the only tool to increase density and intensity that will remain available is the use of Transfer of Development Rights.
July, 2018 | 133 of 189Chapter 4. Plan ImplementationTransfer of Development Rights (TDRs)Property owners with extra density or fl oor area ratio (FAR) available from a project within the Downtown Plan area may be permitted to convey the development rights of the non-used area development potential by deed, easement or other legal instrument authorized by the City to another project within the Downtown Plan area that requests an increase above the maximum permitted development potential. TDRs cannot be used as a means to exceed the maximum building heights.Please visit the Planning and Development Department’s website at www.myclearwater.com to learn more about these programs.Economic Development and Housing IncentivesThe Economic Development and Housing Department manages a wide range of federal, state and local funding that support environmental remediation, aff ordable housing and job creation. Programs include:Qualifi ed Target Industry (QTI) Tax RefundEconomic Development Ad Valorem Tax ExemptionIncumbent Worker Training (IWT)Florida FlexBrownfi elds IncentivesHUBZone ProgramCommunity Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), State Housing Initiatives Partnership (SHIP) Program Please visit the Economic Development & Housing Department’s website at www.myclearwater.com to learn more about these programs.Engineering Department IncentivesRedevelopment projects in the Prospect Park character district are eligible to buy into a regional stormwater pond instead of providing on site detention. The buy in fees vary according to project size. Please visit the Engineering Department’s website at www.myclearwater.com to learn more about these programs.Community Redevelopment Agency IncentivesThe CRA is a tax increment fi nanced district. The agency can off er a variety of incentives depending on the project size and type within state regulations. The CRA can participate in land acquisition, the payment of impact fees, façade improvement grants and other public infrastructure projects such as streetscape improvements, public art, park improvements and parking garages. CRAs are established because the current property values and environmental conditions in the area hinder private investment. Incentives are designed for catalytic investments that help prove the area is capable of increased private investment. They can also help a business or developer “close the gap” in their fi nancial ability to meet the goals of this Plan.
Clearwater Downtown Redevelopment Plan134 of 189 | July, 2018When considering providing an incentive the CRA will consider the following questions:Is the proposed incentive compliant with federal, state and local laws?Is the proposed incentive aligned with the Vision and Goals of the 2018 Downtown Redevelopment Plan?Has the private sector attempted to implement this project without an incentive?What is the expected return on investment from a fi nancial and public benefi t perspective? The CRA currently off ers a façade grant program that will match dollar for dollar up to 50% of the total costs for renovating a façade in the CRA in accordance with the provisions of the Downtown design standards. There is also a sidewalk café furniture grant program that provides up to $2,500 towards the cost of outdoor furniture. Please visit the CRA’s website at www.downtownclearwater.com to learn more about these programs.CAPITAL IMPROVEMENT PROGRAM AND POLICY IMPLEMENTATION PROJECTSA table of capital improvement projects and policy implementation programs has been created for the entire plan area and each character district. Table 4.4 lists activities that will happen throughout the entire downtown. There is a table for each character district, Tables 4.5 through 4.9, for projects and programs that will occur exclusively in that district. When there is a direct connection between a goal or objective in Chapter 3 and a capital improvement project or program that connection is documented by including the goal/objective number next to the item. For example, “Implement a bike share program (O.2F)” refers to Objective 2F: Provide safer and more convenient bike facilities, including a bike share program under the Accessibility Goals in the downtown plan. The table includes a brief description of the Project/Action, the project lead, the total cost, the funding source and the year(s) when the action will take place. Some projects and programs will span more than one year. The table for the entire downtown area is organized by policy recommendations in housing, transportation, community engagement, public safety, economic development and infrastructure. The character district tables are organized by the goals adopted in Chapter 3 including the People, Accessibility, Amenity and Urban Design goals. This organizing framework ensures that the City’s implementation actions are aligned with the adopted goals, policies and objectives of the Plan.This plan has a ten-year horizon with a detailed fi ve-year action plan. Table 4.3 summarizes the total public investment in plan implementation identifi ed at the time of Plan publication. County TIF funds are restricted to Capital Improvement Projects. Funding Total for all Projects and Programs 2018 - 2023Total Public Investment $82,639,000CRA TIF Funds $12,155,000County TIF Funds $6,650,000Table 4.3. Funding Totals
July, 2018 | 135 of 189Chapter 4. Plan ImplementationTable 4.4. Downtown Area ImplementationDowntown Redevelopment AreaCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Special Events Equipment Parks and Recreation $170,000 Special Program Fund X X X X XNew Sidewalk Construction Engineering $450,000 Penny for Pinellas X X XReplace Downtown Trash Cans Solid Waste $300,000 Solid Waste/Recycling X X X X X XEnlarge and New Water/Sewer Pipelines Public Utilities $2,000,000 Water/Sewer Fund X X XWayfi nding in CRA Area (O.2C) Planning; CRA; Engineering$500,000 CRA; County TIF X XExpanded High Pressure Gas Lines Gas System TBD Gas Fund X X X XPolicy Implementation: HousingAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Conduct a housing market analysis to determine which housing products are in high demand/low supply in DowntownCRA; Economic Development and Housing$25,000 CRA X XConduct an employer survey of housing needs CRA; Economic Development and Housing$25,000 CRA X XIdentify existing duplexes worth rehabilitating for low income housing (Housing Strategy 3)Economic Development and Housing; CRAN/A N/A X XUpdate the HUD Consolidated Plan to address Housing Policies 1, 2, 4 and 11Economic Development and HousingN/A N/A XUpdate the Local Housing Assistance Plan to address Housing Policies 1, 2, 4 and 11Economic Development and HousingN/A N/A XResearch feasibility of relaxing underwriting standards (Housing Policy 2)Economic Development and HousingN/A N/A XCoordinate on land acquisition and RFP issuances for multi-family redevelopment projects to incorporate workforce housingCRA; Economic Development and HousingTBD HOME; CDBG; SHIP; CRA; County TIFXXXXXXContinue to work with private developers to rehabilitate and construct aff ordable housing (Housing Strategies 1 and 2)Economic Development and Housing$100,000 SHIP; CDBG; HOME X X X X X XProvide a designated staff person to serve on the Homeless Leadership Board and coordinate with local agencies on how best to care for the homeless population (Housing Policies 13 and 14)Economic Development and HousingN/A General Fund X X X X X X
Clearwater Downtown Redevelopment Plan136 of 189 | July, 2018Table 4.4. Downtown Area Implementation, con’tDowntown Redevelopment AreaPolicy Implementation: TransportationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Coordinate with all transportation service providers on infrastructure and program improvements inclluding the water taxi, trolley, bus system, rail and others (Accessibility Goal)Planning; CRA; Engineering; PSTA; Forward Pinellas; CSX; Clearwater FerryN/A CRA X X X X X XConduct a parking needs analysis (P.3) CRA; Engineering $50,000 CRA; Parking Fund XUpdate the Master Streetscape Plan (Accessibility Goal O.2C) Planning; CRA $100,000 CRA X XCoordinate with Forward Pinellas to implement a bike share program (O.2F)Planning; Forward Pinellas; CRA$250,000 CRA; General Fund; Forward PinellasXXXXXDevelop a bicycle parking plan and incorporate bicycle parking into streetscape standards and site plan review. Install additional bicycle parking in Downtown (Downtown Policy 5)Planning; CRA $50,000 General Fund; CRA X X XRedesign and construct Ft. Harrison as a Complete Street (Accessibility Goal O.2B)Planning; CRA; Engineering$1,000,000 $250,000 design CDBG funds; CRA, County TIF & General Fund for ConstructionXXXStudy how to reduce barriers to private transportation service for on demand mobility (Accessibility Goal)Planning; CRA; Engineering; PSTAN/A N/A X XPolicy Implementation: Community EngagementAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Provide annual funding for public art projects (O.3F) CRA; Parks and Recreation$1,250,000 CRA; General Fund X X X X XThe City and CRA will continue to partner with and promote groups and programs that create and provide public art (Downtown Policy 15)CRA; Parks and Recreation$500,000 CRA; County TIF; General Fund X X X X X XThe CRA will create a placemaking strategy to activate key public spaces in Downtown to engage the community on a regular basis (Amenity Goal O.3G)CRA $250,000 CRA X X X X X XThe CRA will meet with Downtown neighborhood associations on a regular basis (Downtown Policy 25)CRA N/A N/A X X X X X XProvide activities and events on a monthly basis in parks, plazas and recreational area. Create events, like El Dia Del Nino, that celebrate unique features of Downtown neighborhoods (O.1H, O.1J)Parks and Recreation $250,000 General Fund; CRA; DDB X X X X X X
July, 2018 | 137 of 189Chapter 4. Plan ImplementationTable 4.4. Downtown Area Implementation, con’tDowntown Redevelopment AreaPolicy Implementation: Public SafetyAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Conduct a monthly review of properties that require a higher level of police service and follow the nuisance abatement process (Downtown Policy 28)Police N/A N/A X X X X X XAttend neighborhood association meetings and meet with city departments as needed to address code complaints (Downtown Policy 29)Planning; Police N/A N/A X X X X X XContinue CRA Interlocal agreement with Police to provide community policing services, including offi cers on bicycles, in Downtown (Downtown Policy 30)CRA; Police $1,200,000 CRA X X X X X XPolicy Implementation: Economic DevelopmentAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Survey property owners to determine the best incentives for building improvements to support intensive offi ce uses including IT/software, fi nance and insurance, professional and data management, analytics and services (Downtown Policy 8)CRA; Economic Development and Housing$10,000 CRA X XDevelop targeted marketing campaigns to attract new residents, visitors and businesses to DowntownCRA; Economic Development and Housing$150,000 CRA X X XResearch how to connect with sports tourism audiences to bring them DowntownCRA; Parks and RecreationN/A N/A X X X XCreate a Downtown Communications plan CRA; Public Communications$25,000 CRA XCoordinate with Forward Pinellas to establish a Cultural Trail connecting Clearwater with other cities in the CountyCRA; Parks and Recreation$25,000 CRA X XAttract a cultural institution to serve as an anchor tenant CRA $50,000 CRA X X X X
Clearwater Downtown Redevelopment Plan138 of 189 | July, 2018Downtown Redevelopment AreaPolicy Implementation: InfrastructureAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Plant shade trees on an annual basis (O.4E) Parks and Recreation $10,000 Tree Fund X X X X X XConduct a public utilities study to determine water and sewer capacity in DowntownPublic Utilities N/A N/A X X XStudy how fi re codes are impacting the redevelopment of historic commercial sitesFire N/A N/A X XStudy how to expand recycling services for multi-family residential developmentsSolid Waste N/A N/A X XImplement a pilot project to showcase how solar panels can work on parking structures (Downtown Policy 14)Planning; CRA; EngineeringTBD General Fund; CRA XTable 4.4. Downtown Area Implementation, con’t
July, 2018 | 139 of 189Chapter 4. Plan ImplementationTable 4.5. Downtown Core ImplementationDowntown Core DistrictPeople GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Renovate the Library’s facade on Osceola to create a pedestrian friendly experience (O.1C)Library $2,000,000 General Fund; CRA X XClearwater Harbor Marina Maintenance and Attenuation Project (O.1H)Marine and Aviation $800,000 Clearwater Harbor Marina Fund X X X X X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Establish a timeline for the demolition of the Harborview Center (P.1)City Manager TBD General Fund X XCoordinate with Pinellas County to build a joint use administrative and/or transportation facility in Downtown (O.1A)City Manager $100,000 General Fund X X XEstablish a timeline for the demolition of City Hall and redevelopment of the site (O.1B)City Manager TBD General Fund X XUpdate the zoning code to provide form based codes and context sensitive street design standards (O.1C, O.1E-G)Planning and DevelopmentN/A General Fund XConduct a targeted marketing campaign to attract offi ce intensive businesses to downtown (O.1D)Economic Development & Housing$25,000 General Fund; CRA X X X X XDetermine the best use for Fire Station 45 as a redevelopment siteCity Manager; CRA; Economic DevelopmentN/A N/A XAccessibility GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Design and Construct Downtown Streetscaping (O.2B, O.2C) Engineering $4,000,000 Penny for Pinellas III; County TIF X XBuild Downtown Parking Garage (O.2M) Engineering $10,500,000 Parking Fund XDesign and Construct Pinellas Trail Improvements Pinellas County; Parks and Recreation$500,00 County TIF; CRA X X
Clearwater Downtown Redevelopment Plan140 of 189 | July, 2018Downtown Core DistrictPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Design Downtown Intermodal Facility (O.2J, O.2N) Engineering; CRA; PSTA $500,000 PSTA; CRA; County TIF X XBuilding a pedestrian and bicyclist friendly crossing at Court and Chestnut (P.7)Engineering TBD TBD XConduct and implement a bike/ped safety study (O.G and O.2I)Planning $150,000 General Fund XWork with the County to create a comprehensive transit plan (O.2J and O.2O)Planning; CRA $100,000 CRA; Forward Pinellas; PSTA XDesign dedicated ferry landings (O.2K) Marine and Aviation $50,000 Marine and Aviation Fund XAmenity GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Library Maker Space Maintenance and Upgrade (O.3D) Library $204,000 General Fund X X X X X XImagine Clearwater: Waterfront/Bluff Master Plan (O.3A, O.3B)City Manager $5,000,000 Penny for Pinellas III X X X XImagine Clearwater: Future Phases (O.3C, O.3E, O.3G) City Manager $8,000,000 Penny for Pinellas IV X XStation Square Improvements CRA $500,000 CRA; County TIF X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Establish a non-profi t Imagine Clearwater Conservancy (O.3A)City Manager N/A General Fund X X XUpdate the Imagine Clearwater Phasing Plan City Manager N/A N/A X XUrban Design GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Commission a signature art project for the Gateway bridge CRA $500,000 CRA; grant funds X XConstruct new City Hall building (O.1B) City Manager $5,000,000 Penny for Pinellas IV XTable 4.5. Downtown Core Implementation, con’t
July, 2018 | 141 of 189Chapter 4. Plan ImplementationTable 4.6. Downtown Core Implementation, con’tDowntown Core DistrictPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Establish and utilize design standards and Character District requirements to ensure that development projects enhance the built environment (O.4B)Planning N/A General Fund XDevelop a plan that identifi es street frontages and context sensitive development standards to create a livable and vibrant Downtown (O.4C)Planning N/A General Fund XDetermine eligibility of downtown properties for historic preservation tax freeze (O.4D)Planning; CRA N/A N/A X XExpand Facade Incentive grant program (O.4D) CRA $1,000,000 CRA X X X X X
Clearwater Downtown Redevelopment Plan142 of 189 | July, 2018Table 4.6. Old Bay ImplementationOld Bay DistrictPeople GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Seminole Boat Launch Maintenance (P.11) Marine and Aviation $40,000 General Fund X X X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Amend the Future Land Use Map and Zoning Atlas to designate parcels in the Old Bay expansion area Central Business District (CBD) and Downtown (D) District (P.1)Planning N/A General Fund XEstablish a building renovation assistance program (e.g., low-interest loans or grants) to revitalize and retain the older housing stock in the District (P.4)Economic Development $500,000 CDBG; HOME; SHIP X X X X XFacilitate the development of aff ordable live/work bungalows with maker’s shops, galleries, and restaurant startups through marketing new zoning standards (P.15)Economic Development $25,000 General Fund X X X X XAccessibility GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Construct Trail Upgrades (P.9) Parks and Recreation TBD TBD XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Design trail connections from Pinellas Trail to the Seminole Boat Ramp (P.9)Parks and Recreation $25,000 General Fund XCoordinate with PSTA to locate new shelters and services (P.5)Planning N/A N/A XAmenity GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Seminole Boat Launch Improvements (P.11) Marine and Aviation $5,000,000 Penny for Pinellas III X X X
July, 2018 | 143 of 189Chapter 4. Plan ImplementationTable 4.6. Old Bay Implementation, con’tOld Bay DistrictPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Support the continuation of the Francis Wilson Playhouse (P.12)Parks and Recreation TBD General Fund X X X X X XProgram with the waterfront in accordance with the North Marina Area Master Plan (P.11)Marina and Aviation TBD General Fund X X X X XCoordinate with Pinellas County Schools to explore options to repurpose the North Ward School (P.14)Economic Development and HousingN/A N/A X XUrban Design GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Acquire North Ward School for public/private redevelopmentEconomic Development and Housing$1,200,000 TBD X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Conduct an updated historic survey to identify potential contributing structures to a historic district within the District (P.2)Planning $75,000 CDBG; General Fund; SHPO X XPursue historic designation of the North Ward School (P.3) Planning TBD CDBG/General Fund XExpande Facade Loan Program Economic Development and Housing$500,000 CDBG X X X X X
Clearwater Downtown Redevelopment Plan144 of 189 | July, 2018Table 4.7. South Gateway ImplementationSouth Gateway DistrictAccessibility GoalPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Create marketing materials and signage that promote the use of the Druid Trail and Pinellas Trail (P.2-3)Parks and Recreation in coordination with Pinellas County$25,000 General Fund X X
July, 2018 | 145 of 189Chapter 4. Plan ImplementationTable 4.8. Prospect Lake ImplementationProspect Lake DistrictPeople GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Land acquisition for housing redevelopment (O.1G) CRA; Economic Development and Housing$3,000,000 CRA; RLF; County TIF X X X X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Amend the Future Land Use Map and Zoning Atlas to designate all parcels in the Prospect Lake Character District as Central Business District (CBD) and Downtown (D) District consistent with the remainder of the properties in Prospect Lake (P.6)Planning N/A General Fund XIssues RFPs for the redevelopment of CRA owned sites to build housing and/or mixed use developments (O.1G)CRA $15,000 CRA X XAccessibility GoalPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Explore and design options to centrally locate parking to serve the District’s commercial uses as infrastructure (P.2)CRA; Engineering TBD CRA; Parking Fund X XThe City will coordinate with FDOT to ensure future designs of Alt. US 19/Myrtle Avenue will incorporate complete streets designs (P.4)Planning; Engineering N/A N/A X X X X X XAmenity GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Building improvements for 111 S. MLK Jr. site to support a restaurant useCRA $500,000 CRA X XLand acquisition for parks, plazas and other public amenities (O.3G)CRA $1,000,000 CRA X X X XDesign and build a Neighborhood Art Park CRA $750,000 CRA; County TIF X X
Clearwater Downtown Redevelopment Plan146 of 189 | July, 2018Prospect Lake DistrictPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Survey property owners to develop a retail/offi ce incentive strategy (O.1D)CRA $10,000 CRA XRecruit a restaurant and/or retail use to activate the City owned 111 S. MLK Jr. site (O.3G)CRA $10,000 CRA X XUrban Design GoalPolicy ImplementationProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Expand Facade Grant Program to include eligible commercial properties in the Prospect Lake District (P.3)CRA N/A X .Fund facade grant improvements for commercial buildings (P.3)CRA $250,000 CRA X X X X XTable 4.8. Prospect Lake Implementation, con’t
July, 2018 | 147 of 189Chapter 4. Plan ImplementationDowntown Gateway DistrictPeople GoalCapital Improvement ProjectsPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Amend the Future Land Use Map and Zoning Atlas to designate all parcels in the Prospect Lake Character District as Central Business District (CBD) and Downtown (D) District consistent with the remainder of the properties in Prospect Lake (P.8)Planning N/A General Fund XIncorporate workforce housing into redevelopment projects (P.3)Economic Development and Housing$1,000,000 CDBG; SHIP; HOME; NSP3 X X X X XUpdate Downtown Gateway Implementation Plan CRA $25,000 CRA XAccessibility GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Cleveland Streetscape Phase III Engineering $11,000,000 General Fund; CRA X XPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Connect Jolley Trolly to Downtown Gateway Planning TBD TBD X XAmenity GoalCapital Improvement ProjectsProject Title Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Festival Core(P.6) CRA $1 million CRA; County TIF X XStevenson Creek Greenway Trail (P.5) CRA; Parks and Recreation; Engineering$8,800,000 CRA; Stormwater Utility Fund; County TIFXXPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Support an annual community-led art project (P.7) CRA $60,000 CRA X X X X X XUrban Design GoalPolicy ImplementationAction Project Lead Total Cost Funding Source 2018 2019 2020 2021 2022 2023+Support the assembly of vacant and underutilized properties, as well as the demolition of deteriorated buildings to accommodate redevelopment projects (P.3)CRA $2,000,000 CRA; County TIF X X X X X XTable 4.9. Downtown Gateway Implementation
1
Community Redevelopment Agency – July 16, 2017
Community Development Board – July 17, 2018
City Council – July 19, 2018
Ordinance No. 9169-18
COMMUNITY REDEVELOPMENT AGENCY
COMMUNITY DEVELOPMENT BOARD STAFF REPORT
MEETING DATE: July 17, 2018
ORDINANCE NO.: 9169-18
REQUEST: Review and recommendation to the City Council on amendmentsto the Clearwater Downtown Redevelopment Plan, repealing Chapter 4 Plan Implementation; amending Chapter 3 to clarify the graphics and housing policy language; adopting a new Chapter
4 Plan Implementation; and deleting Appendix 8.
INITIATED BY: City of Clearwater, Community Redevelopment Agency
BACKGROUND:
Earlier this year, the City Council approved the 2018 Clearwater Downtown
Redevelopment Plan Chapters 1-3 and several appendices including the adoption
of new Goals and Objectives, the establishment of new density and height
standards for various character districts and the incorporation of redevelopment
policies from several plans including Imagine Clearwater, the North Marina Area
Master Plan, Clearwater Comprehensive Boating Plan and the East Gateway
District Vision Plan. The 2018 Plan has been adopted by the Pinellas County
Commission and Forward Pinellas as well.
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Community Redevelopment Agency – July 16, 2017
Community Development Board – July 17, 2018
City Council – July 19, 2018
Ordinance No. 9169-18
The Community Redevelopment Agency was tasked with updating Chapter 4: Plan
Implementation. The CRA met with each City department, reviewed all adopted
plans and the City’s Capital Improvement Budget to develop a comprehensive list
of capital improvement projects that would occur in Downtown. A list of programs
and policies was created to correspond with adopted Goal and Objective by
character district. The table of proposed capital improvement projects and
programs was presented to the general public in March 2018, to the Chamber of
Commerce, Downtown Development Board and Community Development Board
in April and May 2018 for comment.
ANALYSIS:
The Plan Implementation chapter has one purpose. It illustrates how the Goals and
Objectives of the Clearwater Downtown Redevelopment Plan will be implemented
through capital improvement projects and programs. It identifies the lead city
department, funding sources, budget and timeline for each project and program.
Changes in technology, unanticipated funding opportunities or restrictions and
demographic changes will inevitably impact the process of Plan implementation.
However, all changes to work programs and capital improvements must remain in
alignment with the Plan’s goals and objectives.
Proposed Ordinance No. 9169-18 repeals and replaces Ch. 4 Plan Implementation,
deletes Appendix 8 and contains minor revisions in Chapter 3 for clarity. Below is
a summary of the major amendments.
There are four sections in the Chapter:
Role of the Community Redevelopment Agency
Funding Sources
Incentives
Capital Improvement Program and Policy Implementation Projects
The Community Redevelopment Agency (CRA) section outlines the role of the
CRA in downtown revitalization. The Funding Sources section contains all the
identified and potential sources of revenue for implementation as well as tax
increment projects for the CRA districts. The Incentives section provides
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Community Redevelopment Agency – July 16, 2017
Community Development Board – July 17, 2018
City Council – July 19, 2018
Ordinance No. 9169-18
information on available incentive programs for the downtown area. It also
includes the relationship of this plan to the Community Development Code and
Public Amenities Incentive Pool. The Capital Improvement Program and Policy
Implementation Projects section lists planned improvements for the entire
downtown plan area as well as each character district.
The Plan has a ten-year horizon with a detailed five-year action plan. The total
investment of public dollars over that time is $82,639,000. Within that total, CRA
funds are $12,155,000 and County TIF funds are $6,650,000 assuming they
maintain their 100% contribution.
SUMMARY AND RECOMMENDATION:
The Community Development Board is reviewing the plan in its capacity as the
Local Planning Agency (LPA) and should make a recommendation regarding the
updated plan to the City Council. Additionally, the CRA should make a
recommendation to the City Council regarding this document as the
Redevelopment Plan for the CRA. Once the City Council approves the Plan
amendments, it will be submitted to the Board of County Commissioners for
approval as the Community Redevelopment Plan for the CRA. The Plan will also
be submitted to Forward Pinellas and the Countywide Planning Authority for
review and approval as the Special Area Plan governing Downtown.
The proposed amendments to the Plan provide a timeline and funding schedule for
implementation of the Goals and Objectives adopted in the Clearwater Downtown
Redevelopment Plan. The proposed capital improvements and programs reinforce
the City’s commitment to implementing the strategies developed from the ULI
study that were incorporated in the 2018 Downtown Plan update. Based on the
above, the Community Redevelopment Agency recommends APPROVAL of
Ordinance No. 9169-18 which updates the 2018 Clearwater Downtown
Redevelopment Plan.
4
Community Redevelopment Agency – July 16, 2017
Community Development Board – July 17, 2018
City Council – July 19, 2018
Ordinance No. 9169-18
Prepared by CRA staff: ___________________________________
Amanda Thompson
CRA Director
Attachments: Ordinance No. 9169-18
Exhibit A
Resume
Ordinance 9178-18 Second Reading
2018 Clearwater Downtown Redevelopment Plan
Chapter 4: Plan Implementation
Motion to Amend on Second Reading:
1. On page 130, of the Funding Sources chapter, add the following sentence to the first
paragraph:
The planned improvements in the Downtown will require multiple funding sources. Each
project has an identified source of funding, unless To Be Determined (TBD) is listed. Capital
improvements and programs that are funded through the City's General Fund are verified and
updated each year through the annual budget process. Community Redevelopment Agency
funds are verified and updated each year through an annual budget adopted by the CRA
Trustees. Grant programs, like SHIP, CDBG and HOME, are contingent on state and federal
allocations on a yearly basis. Private investment includes the use of Public/Private partnerships,
including P3 proiects, that are used to share the cost of new or upgraded infrastructure
between public and private entities. The City will continue to explore a variety of funding
sources to offset the cost of redevelopment projects.
2. On page 133, of the Incentives chapter, add the following text in the first paragraph:
The CRA can participate in land acquisition, the payment of impact fees, facade improvement
grants and the extension or provision of infrastructure for public utilities. Additional public
infrastructure projects include streetscape improvements, public art, park improvements and
parking garages.
3. On page 134, of the Incentives chapter, add the following bullet point to the list of
incentive questions for the CRA to consider:
o Is the proposed incentive compliant with federal, state and local laws?
o Is the proposed incentive aligned with the Vision and Goals of the 2018
Downtown Redevelopment Plan?
o Has the private sector attempted to implement this project without an
incentive?
o What is the expected return on investment from a financial and public benefit
perspective?
o Does the site/building under consideration have adequate access to the required
public infrastructure and/or public utilities to support the proposed use?
4. On page 136, amend Table 4.4 Downtown Redevelopment Area, under "Policy
Implementation: Transportation," on page 137, amend "Policy Implementation:
Economic Development," and on page 138, amend "Policy Implementation:
Infrastructure" to read:
Action Project Lead Total Cost Funding Source
Coordinate with all
transportation service
providers on
infrastructure and
program improvements
including the water taxi,
trolley, bus system, rail,
elevated transit, bike
Planning;
CRA;
Engineering;
PSTA;
Forward
Pinellas; CSX;
N/A CRA
C
Ferry; TBARTA
share and others
Accessibility Goal O.2C)
Action Project Lead Total Cost Funding Source
Research how to connect
with all types of sports
CRA; Parks
and
Recreation
N/A N/A
tourism audiences to
bring them Downtown
Action Project Lead Total Cost Funding Source
PincIIa. to „stabIi ,
Cultural Trail connccting
Clcprwatcr with othcr
eities4n-the-Getwity
Establish a
CRA; Parks
and
Recreation;
Forward
25,000 CRA
Pinellas;
Creative
bike/ped/transit Cultural Pinellas
Trail in coordination with
all 24 cities in Pinellas
County and the larger
region
Action Project Lead Total Cost Funding Source 2019
Provide an assessment of Public N/A N/A X
the existing public utility Utilities; CRA
infrastructure in
Downtown and the
system's ability to
support a variety of land
uses
2
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-4854
Agenda Date: 7/30/2018 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Council Work Session
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Provide direction on the creation of a Residential Parking Permit Program for residential areas
of Clearwater Beach.
SUMMARY:
A neighborhood representative has requested limiting parking in certain residential areas of
Clearwater Beach. A similar request was discussed at the December 12, 2016 work session.
At that meeting the Council expressed concern regarding individuals visiting or doing business
with the beach residents and parking for social gatherings on the beach. Subsequently, staff
has had a discussion with the neighborhood representative that assisted in addressing some of
the previous issues.
The provisions of the currently proposed ordinance are as follows:
1.The establishment of a residential parking area would require petition(s) signed by
65% of the property owners in a neighborhood or along a street at one vote per
household.
2.Each property would qualify for two residential permits to affix to their vehicles and
three guest permits (hang tags) for visitors.
3.The fee for administration and enforcement of the program would be $40 per year
per household.
4.The ordinance is written so that any neighborhood in the city could request
establishment of a program in their area.
Enforcement for the beach areas currently requesting the program would, at a minimum, be on
Saturday and Sunday, from Spring Break through Labor Day and during special events, on
holidays and in response to requests.
Page 1 City of Clearwater Printed on 7/30/2018
Ordinance No. 9190-18
ORDINANCE NO. 9190-18
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CITY OF CLEARWATER CODE OF ORDINANCES, CHAPTER 30, ARTICLE II – STOPPING, STANDING AND PARKING CREATING A NEW DIVISION 4 - RESIDENTIAL PERMIT PARKING PROGRAM; AMENDING THE CITY OF CLEARWATER CODE OF ORDINANCES APPENDIX A, SECTION XIX, STREETS, SIDEWALKS, OTHER PUBLIC PLACESCREATING A NEW SUB-SECTION SEVEN (7)-RESIDENTIAL PARKING PERMITS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, within certain residential areas of the City, there is a heavy concentration of vehicles during certain times of the day which prevents residents of those areas from having reasonable access to their homes; and
WHEREAS, the presence of these vehicles causes vehicular congestion on residential
streets, impedes the movement of traffic and unduly restricts travel of residents within the area; and
WHEREAS, to help alleviate these conditions the City will, when it deems advisable to do so, establish a “Residential Permit Parking Area” as that term is hereinafter defined, within these areas; and
WHEREAS, the establishment of residential permit parking only areas will help alleviate the hardship for those residents who own vehicles and do not have the ability to secure off street parking, will aid in the preservation of the character of these areas as residential neighborhoods and the preservation of property values; and
WHEREAS, the creation of residential permit parking only areas serve a public purpose and is necessary to promote the health, safety and welfare of the inhabitants of the City; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1.That Clearwater Code of Ordinances, Chapter 30, Article II – Stopping, Standing and Parking be amended as follows to create a new Division 4 titled Residential Parking
Permit Program:
DIVISION 4 – Residential Permit Parking Program.
Sec. 30.110 – Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning;
Vehicle means any device in, upon or by which any person or property is or may be transported upon a street, except those operated on rails or tracks.
Residential Permit Parking Permit Areas means those areas where a residential permit
system is in effect. Such areas are designated in Sec. 30.111 (b)
Ordinance No. 9190-18 2
Resident Vehicle means a motor vehicle owned or leased by a person residing in the
residential parking permit area
Residential Permit Parking Permit means an identification pass issued to a resident located within the residential parking permit only area by the City in accordance with the provisions of this section.
Residential Guest Parking Permit means an identification pass issued, temporarily, to a resident located within the residential parking permit only area by the City in accordance with the provisions of this section.
Sec. 30.111. – Establishment of areas.
(1)In accordance with the provisions of this division, the City Council is authorized to establish residential permit parking areas where only vehicles with a residential parking permit
may park on the public streets. In order for the City Council to establish such an area the city must receive a petition(s) on forms provided by the city signed by at least 65% of the property owners in said area requesting that the residential permit parking area be established. Each sheet
of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof stating: that the circulator personally circulated the petition; that all the signatures were affixed in the circulator’s presence; that the circulator believes them to be the genuine signatures of the persons whose names they purport to be; and that each signer had an opportunity before signing to read the full text of the ordinance establishing the residential permit parking program.
(2)The following residential parking permit only areas and their boundaries are hereby established as follows:
(a)North Clearwater Beach bounded by:
i.Juniper Street on the North west of Lantana Avenue;ii.Laurel Street on the North east of Lantana Avenue;iii.Acacia Street on the South;
iv.Clearwater Harbor on the East;v.Gulf of Mexico on the West; andvi.All side streets within this boundary.
(b)South Clearwater Beach including:
i.Devon Drive;ii.Brightwater Drive; andiii.Bayside Drive.
When determining a residential parking permit area, the area shall include both sides of the street, drive or avenue listed as a boundary unless the area description clearly indicates to the contrary.
Sec. 30.112 – Application.
(1)Residential parking permit(s) shall be issued to a resident of a residential parking permit upon a showing of proof of residency in a single-family dwelling within the residential
parking permit area. Proof of residency requires either a picture ID with a current address located
Ordinance No. 9190-18 3
within the permit parking area or a valid lease for rental of a property within the permit parking area.
(2)If a resident provides proof of residency within a residential parking permit area, then a resident shall be entitled to two residential parking permits and three residential guest parking permits (hang tags) per residence. All permits shall be issued at the cost provided in Appendix A to this code.
(3)Residential Parking permits shall be effective for one year and must be renewed for each subsequent year. Permits will not be prorated. For example, if a permit is purchased on or after July 25, the permit will be valid from August 1 through July 31. That same permit purchased on or before July 24 will be valid for the reminder of July through June 30.
(4)The residential parking permit does not guarantee that a parking space will be available. Instead, the spaces are available on a first come, first served basis for residential permit parking holders.
Sec. 30.113 – Denial, honoring and revocation of permits.
(1)Permits provided for in this division may be denied for the following non-exhaustive reasons:
(a)The vehicle does not comply with the requirement stated in this chapter;
(b)The applicant has failed to appear in court when summoned for a parking violation or failed to pay a fine or charge for a parking violation;
(c)As to a special parking permit, the number of stops made each day for loading and unloading and freight purposes are sufficiently low enough to warrant use of spaces specifically prescribed for such use in other sections of this Code.
(2)Permits provided for in this division shall not be honored and may be revoked if any of the following non-exhaustive regulations are not observed:
(a)The residential parking permit must be current and properly displayed on the lower left interior windshield, driver’s side or the guest residential parking permit shall be
displayed by hang tag on the vehicles rear-view mirror. Permits must be fully visible from the outside of the vehicle. It is unlawful for the operator of a vehicle to improperly display or display and expired or altered permit as authorization to park in a metered space without depositing coins
in the meter.
(b)It is unlawful to display a permit in such a manner that the pertinent information is obscured.
(c)It is unlawful to exceed the parking time limit authorized by the permit.
(d)It is unlawful to use or attempt to use such permit for other than its purpose allowed in this chapter.
(e)A vehicle displaying a permit must be parked in a legal manner.
Ordinance No. 9190-18 4
(3)For any of the following reasons, a residential parking permit may be revoked by the Parking Division after providing notice to the holder of the permit of the reasons for such
revocation and providing an opportunity for the permit holder to respond to the Parking Division:
(a)Providing false information when applying for the residential parking permit.
(b)If a residential parking permit issued to an individual for a resident vehicleis revoked due to this section, then that individual or anyone residing in the same residence with that individual shall not be permitted to apply for a residential permit for a one- year period unless good cause can be shown that the act resulting in the revocation was unintentional.
Section 2.That Clearwater Code of Ordinances Appendix A, Section XIX, Streets, Sidewalks, Other Public Places be amended as follows to create a new sub-section seven (7)
titled Residential Parking Permits:
(7)Residential parking permits.....$40 per household per year
Section 3.Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 4.Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law.
Section 5.The provisions of this Ordinance shall take effect immediately following adoption.
PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________READING AND ADOPTED
____________________________George N. CretekosMayor
Approved as to form: Attest:
________________________________________________________Michael P. Fuino Rosemarie Call
Assistant City Attorney City Clerk
BRUCE AVEELDORADO AVELANTANA AVEBAY ESPLANADEMANDALAY AVENARCISSUS AVEMANGO ST
LAUREL ST
GARDENIA ST
IRIS ST
JUNIPER ST
ACACIA ST
KIPLING PLZ
VERBENA ST
ASTER ST
BOHENIA CIR N
JEWEL ST
GUAVA ST
ELDORADO LN
JESSAMINE CIRMANDALAY AVELOCATION MAP
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.249/258 05-29s-15w11/23/2016Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
RESIDENTIAL PERMIT PARKING PROGRAMNorth Clearwater Beach
Document Path: V:\GIS\_Staff\Chris\Projects\City\ResidentialParkingProgramNorthBeach.mxdGULF OF MEXICOCLEARWATER HARBORLegend
Subject Streets
Parcel Boundary
CORONADO DRHAMDEN DRGULFVIEW BLVDTHIRD ST
BAYWAY BLVD
S GULFVIEW BLVD
BAYSIDE DR
DEVON DR
BRIGHTWATER DR
LOCATION MAP
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM SR N.T.S.276 08-29s-15w07/13/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
RESIDENTIAL PERMIT PARKING PROGRAMSouth Clearwater Beach
Document Path: V:\GIS\_Staff\Chris\Projects\City\ResidentialParkingProgramSouthBeach.mxdGULF OF MEXICOCLEARWATERHARBORLegend
Subject Streets
Parcel Boundary