08/14/2007
City Council Agenda
Location: Council Chambers - City Hall
Date: 8/14/2007- 6 :00 PM
Welcome, We are glad to have you join us, If you wish to speak, please wait to be recognized, then state your
name and address, Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings, For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes, Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais), Up to thirty minutes of public comment will be allowed for an agenda item, No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA), Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090, Assisted Listening Devices are
available, Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting,
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4,1 Service Awards
~ Attachments
4,2 Winners of the Diversity Poster Contest.
~ Attachments
4,3 Introduction and Recognition of Young Ambassadors,
~ Attachments
5. Approval of Minutes
5,1 Approve the minutes of the August 2, 2007 City Council Meeting as submitted in written summation by
the City Clerk.
~ Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7.Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7,1 Approve an increase to the Traffic Calming C.LP, 92259 budget by adding $4,686,000 of un designated
Penny for Pinellas funds, and approve work orders to Wade-Trim (Engineer-of-record) in the amount of
$179,998,31 for design of the Wood Valley project and $428,042,04 for design of the Momingside project
and authorize the appropriate officials to execute same,
~ Attachments
7,2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning
Atlas Designation of Low Medium Density Residential (LMDR) District for 2767 Momingside Drive
(Lot 10, Block L, Carlton Terrace First Addition, Section 05, Township 29 South, Range 16 East); and
Pass Ordinances 7846-07, 7847-07 and 7848-07 on first reading, (ANX2007-06014)
~ Attachments
7,3 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning
Atlas Designation of Low Medium Density Residential (LMDR) District for a part of the property
addressed as 2186 Drew Street (a part of Lot 13, Pine Dell, Section 12, Township 29 South, Range 15
East); and Pass Ordinances 7849-07, 7850-07 and 7851-07 on first reading, (ANX2007-06015)
~ Attachments
7.4 Approve a Future Land Use Plan Amendment from the Residential Urban (RU) Category to the
Residential Medium (RM) Category for property located at 2990 Tanglewood Drive (consisting of a
portion of Section 17, Township 29 South, Range 16 East in Metes and Bounds 11/02 and 11/01); and
Pass Ordinance 7843-07 on first reading, (LUZ2007 -05002)
~ Attachments
8. Second Readings - Public Hearing
8,1 Adopt Ordinance No, 7729-07 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 1980 Kings Highway, from Institutional to Residential Medium,
~ Attachments
8,2 Adopt Ordinance No, 7730-07 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property whose post office address is 1980 Kings Highway, from Institutional (I) to Medium
Density Residential (MDR),
~ Attachments
8,3 Adopt Ordinance No, 7775-07 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 2060 Evergreen A venue, from Residential Urban to Residential Medium,
~ Attachments
8.4 Adopt Ordinance No, 7782-07 on second reading, making amendments to the Comprehensive Plan of the
city as adopted on May 18,2000, and amended on July 12,2001, October 7,2004, and October 20,2005,
by amending the recreation and open space element, but amending and adding policies and objectives;
adding trails to the list of facilities in Objective 27,2; adding Pinellas County to Joint Use Agreement
partners in Policy 27.2,5; adding open spaces to Objective 27,5; rewording Policy 27,5,3 for dairy;
adding Policy 27,5,5 providing for coordination with federal, state, and local agencies and nonprofits to
manage natural areas and open space; adding Policy 27,5,6 providing for enhancement of open space and
natural areas by restoring degraded natural communities and eradicating non-native vegetation; adding
objective 27,6 for development and enhancement of blue ways, greenways, and recreational trail systems;
adding Policy 27,6,1 regarding greenways and trails; adding Policy 27,6,2 for provision of new or
enhanced/maintained access to waterbodies for recreational use,
~ Attachments
City Manager Reports
9. Other items on City Manager Reports
9,1 Approve amendment of an agreement with the YWCA for services delivered under a FY 2006
Department of Justice, Bureau of Justice Assistance (DOJIBJA) grant that funds the Clearwater Area Task
Force on Human Trafficking, to provide one full-time Human Trafficking case management position,
~ Attachments
9,2 Approve extension of agreements with the YWCA of Tampa Bay by one (1) year to provide contractual
services for "Operation Apoyo Hispano" and authorize the appropriate officials to execute same,
~ Attachments
9,3 Approve settlement of the liability claim of Joseph Valley for payment of $100,000,
~ Attachments
9.4 Approve the City's intention to be reimbursed from the proceeds of tax-exempt financing for certain
capital expenditures, approve a contract extension with Sun Trust Leasing Corporation to provide lease
purchase financing, authorize the appropriate officials to execute same and adopt Resolution 07-20,
~ Attachments
9,5 Approve a Florida Recreation Development Assistance Program (FRDAP) project grant agreement for
Enterprise Dog Park, in the amount of $200,000, with the State of Florida Department of Environmental
Protection and authorize the appropriate officials to execute same, establish capital improvement project
"Enterprise Dog Park" in the amount of $400,000 and approve the expenditure of Recreation Impact Fees
in the amount of $118,000 for this project.
~ Attachments
9,6 Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for
Countryside Park Improvements, in the amount of $200,000, with the State of Florida Department of
Environmental Protection and authorize the appropriate officials to execute same,
~ Attachments
9,7 Approve the final plat for "CLEARWATER VILLAGE PHASE ONE-A," located at 1312 State Street
approximately 700 feet east of Betty Lane,
~ Attachments
9,8 Approve an Interim Traffic Calming Recommendation from staff at an estimated cost of $34,000 for
Moruingside to install speed tables on Stewart Blvd, and on Harn Blvd, until the formal traffic-calming
plan is implemented in FY 08/09,
~ Attachments
9,9 Ratify and confirm payment of invoices to Progress Energy Lighting Solutions - Florida to install lighting
and related components on various portions of the Beach Walk project area, in the amount of
$251,249,07,
~ Attachments
9,10 Amend Chapter 24, Article III, Wellhead Protection to update the ordinance in accordance with current
Florida Administrative Code requirements and pass Ordinance 7800-07 on first reading,
~ Attachments
9,11 Provide Direction on Proposed Amendments to the Countywide Rules Addressing Temporary Lodging
Uses,
~ Attachments
Miscellaneous Reports and Items
10. City Manager Verbal Reports
10,1 City Manager Verbal Reports
~ Attachments
11. Other Council Action
11,1 Other Council Action
~ Attachments
12. Adjourn
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Service Awards
5 Years
Todd R. Vaughan
Jason W. Herman
Sam Kambourolias
10 Years
Robert W. Carpenter
Kenneth L. Cotton
James G. Jackson
Timothy A. Keene
15 Years
Forrest D. Draxten
John G. Pickart
Leah R. Culp
Gary D. Gustafson
Julie R. Hudson
Barbara L. Borgan
20 Years
Daniel R. Doyle Solid Waste General Services
Diane A. FitzGerald Public Communications
25 Years
Cleveland A. Clarke Parks & Recreation
Employee of the Month
Catherine Yellin Marine
SUMMARY:
Parks & Recreation
Engineering
Engineering
Parks & Recreation
Solid Waste General Services
Parks & Recreation
Public Utilities
Parks & Recreation
Police
Human Resources
Solid Waste General Services
Library
Customer Service
Meeting Date:8114/2007
Review Approval: 1) Clerk
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Winners of the Diversity Poster Contest.
SUMMARY:
First Prize Winners:
From the Counselor-in-Training Group, Jacob Sare
From the Middle School Group, Shakayla Betz
From the Elementary School Group, Alison Beitzel
Meeting Date:8114/2007
Review Approval: 1) Clerk
Cover Memo
Item # 2
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Introduction and Recognition of Young Ambassadors.
SUMMARY:
Presentors:
. Richard Wisemiller, Clearwater Sister Cities, Inc.
. Janet Clark, Pinellas County School Board
. Mackenna Woods, Young Amassador, Palm Harbor University
Review Approval: 1) Clerk
Meeting Date:8114/2007
Cover Memo
Item # 3
Meeting Date:8114/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Approve the minutes of the August 2, 2007 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 4
Attachment number 1
Page 1 of 8
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
August 2, 2007
Unapproved
Present:
Frank Hibbard
John Doran
Carlen Petersen
George N. Cretekos
Paul Gibson
Also present:
William B. Horne II
Garry Brumback
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Brenda K. Moses
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
City Manager
Assistant City
Assistant City
City Attorney
City Clerk
Board Reporte
The Mayor called the meeting to order at 6:00 p.m.
offered by Reverend Fred Ball of Skycrest United Met
of Allegiance.
To provide continuity for research, it
necessarily discussed in that order.
4 - Approval of Minutes
uly 19, 2007 meeting,
ach Councilmember. The
beach cannot be designated a CRA
or 4 451 404.10 for the construction of a new fire trainin facilit and
xistin trainin buildin . construction of are-en ineered metal
stora e/su build in' construction of are-manufactured trainin burn tower' installation of
approximately 8,000 square-yards of asphalt pavina; expansion of the existina storm water
pond; and related utilities, to Bandes Construction of Dunedin, FL, beinq the lowest responsible
bid in accordance with plans and specifications, award a Contract for $29,715 to Cumbey &
Fair, Inc. (EOR) of Clearwater, Florida, for site related construction enaineerina and inspection
Council 2007-08-02
1
Item # 4
Attachment number 1
Page 2 of 8
(CEI), for a total proiect amount of $4,481,119.10, authorize the appropriate officials to execute
same and approve increasinq Penny for Pinellas fundinq for this proiect by $1,348,500 by
reducinq Penny for Pinellas fundinq for the Station 48 Renovation/Expansion proiect by that
same amount.
The current Clearwater Fire & Rescue Training Facility was constructed in 1976 and no
longer meets the growing training requirements of the Department. The single cl sroom limits
the number of classes taught and the number of students. The proposed rojec vides for
the construction of a 8,967 square-foot training (classroom) building w ill i thre
classrooms, an exercise workout room, both male and female bathr tlloc
protective clothing storage, cleaning, and drying area with addition ort space.
also will be constructed as a category 5 structure capable of provi ecure f
and rescue operations during hurricane and storm activation. Cons
future addition of a larger City EOC (Emergency Operations Center)
available. The current office and classroom will be renovated into tra'
sign services during the construction period,
observations and interpretations, review of
s, providin ecord drawings, and certifications for the City of
ter Management District (SWFWMD) and the Florida
tection (FDEP).
epartment will be responsible for the day-to-day facility
aintenance Department will be responsible for facility
udget for the entire project including construction, site development,
, and other related costs is approximately $4,915,000 and detailed on the
nt Project checklist. Annual operating costs for the facility are anticipated to
be approxi Iy $26,000 more than the current training facility and will be absorbed by the Fire
Department operating budget. The Construction period is 450 days estimated to start in
September 2007 and finishing in December 2008.
Council 2007-08-02
2
Item # 4
Attachment number 1
Page 3 of 8
Councilmember Cretekos moved to award a Contract for $4,451,404.10 for the
construction of a new fire training facility and renovation to the existing training building;
construction of a pre-engineered metal storage/supply building; construction of a pre-
manufactured training burn tower; installation of approximately 8,000 square yards of asphalt
paving; expansion of the existing stormwater pond; and related utilities, to Bandes Construction
of Dunedin, FL, being the lowest responsible bid in accordance with plans and specifications,
award a Contract for $29,715.00 to Cumbey & Fair, Inc. (EOR) of Clearwater, Flo 'da, for site
related construction engineering and inspection (CEI), for a total project a ount
$4,481,119.10, authorize the appropriate officials to execute same an ve
Penny for Pinellas funding for this project by $1,348,500 by reducin or P
for the Station 48 Renovation/Expansion project by that same amo e motio
seconded and carried unanimously.
7 - Second Readings- Public Hearing
7.1 Ado t Ordinance 7837-07 on second readin annexin
office address is 863 Lake Forest Road into the cor
boundary lines of the city to include said addition.
Ordinance 7837-07 was presented for seco
Councilmember Gibson moved to pass and ado
reading. The motion was duly seconded and u
"Ayes":
"Nays":
econd reading and read by title only.
opt Ordinance 7838-07 on second and final
roll call, the vote was:
Or ce 7839-07 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance 7839-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
Council 2007-08-02
3
Item # 4
Attachment number 1
Page 4 of 8
"Nays": None.
7.4 Adopt Ordinance 7840-07 on second readinq, annexinq certain real property whose post
office address is 1403 Reqal Road, into the corporate limits of the city and redefininq the
boundary lines of the city to include said addition.
Ordinance 7840-07 was presented for second reading and read by title 0
Councilmember Cretekos moved to pass and adopt Ordinance 7840-0 ec
reading. The motion was duly seconded and upon roll call, the vote
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hi
"Nays": None.
"Ayes":
econd reading and read by title only.
opt Ordinance 7842-07 on second and final
roll call, the vote was:
in
845-07 was presented for second reading and read by title only.
Councilme r Doran moved to pass and adopt Ordinance 7845-07 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard.
Council 2007-08-02
4
Item # 4
Attachment number 1
Page 5 of 8
"Nays": None.
City Manager Reports
8 - Consent Agenda - Approved as submitted.
8.1 Transfer 482 818 from the General Fund fund 010 to the S
181 to set aside for future year buildinq permittinq costs.
8.3 A rove Pinellas Count Recreational Grant Fundin A
Communit Park Enhancements in the amount of
officials to execute same. (consent)
owin for Florida Lea ue of Cities Excellence Awards: Frank
r Mar ie Simmons as Finance Officer of the Year Pam Akin as
and Duke Tieman as Citizen of the Year. (consent)
crease of 100 000 to the moneta limit on the contract with the firm of
Thom son dis for outside counsel services related to re resentation in Crouch v. Cit of
Clearwater et al, Case 93-2860-CI -21. (consent)
Council 2007-08-02
5
Item # 4
Attachment number 1
Page 6 of 8
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
9 - Other items on City Manager Reports
The Florida Department of Transportation (FDOT) has a pro
(Ulmerton Road) from just East of 119 Street to just West of the Sem
including roadway, sidewalk, other improvements, and utilities to incl
Clearwater Gas facilities which conflict with the design. Under the
Contractor Agreement (UWBHC), the State of Florida's Department 0 ra
contractor will perform the relocation of existing natural ga . Having th
Department of Transportation general contractor inst as mains
be done in a timely manner and releases Clearwat penalty p
Councilmember Cretekos moved to app
Agreement with the State of Florida's De artm
during improvement project, FPN: 2 1-5
from just East of 119 Street to just
$271,500. The motion was
mber Petersen moved
Is to execute same.
ved to continue Item 9.2 to a date uncertain. The motion was
imously.
Council 2007-08-02
6
Item # 4
Attachment number 1
Page 7 of 8
11.1 Supervised Minors in Recreation Centers
A request has been made to allow children under 14 to use the recreation center fitness
centers under parental supervision.
Parks & Recreation Director Kevin Dunbar said recreation facilities have been designed
to allow staff to monitor the various areas within the centers but not supervise. If rticipants
younger than fourteen are permitted, eight FTEs (Full-Time Equivalent) ar nee 0 provide
adequate supervision.
Discussion ensued. The Council directed staff to draft a po
allows children as young as 12 to use the fitness center if supervis
mean the parent can not be working out while the child is using the
parent to sign a form committing to the supervision and waiving city Ii
11.2 Beach Renourishment at Clearwater Pass
Discussion ensued regarding an e-mail from Clea
to finance a project to renourish their beaches.
In response to questions, Marine & Avia
County have concerns regarding th
jetties. No plans have been su
guidance re arding boater s
ts.
ki said she had responded to the FDEP (Florida
st for a letter verifying consistency with the
. ional information since February when she
ompleted the applications.
ngineer, reviewed project details and said the group is
port, as the County will not approve the project until the City
ety plan. He requested City input regarding what it would approve.
equested that Mr. Tackney submit a project plan for Council review.
12 - Other Council Action
Council 2007-08-02
7
Item # 4
Attachment number 1
Page 8 of 8
Councilmembers reported on events in which they recently participated and reviewed
upcoming events; budget hearing is on August 13, 2007; expressed sympathy to the City of
Minneapolis regarding the bridge collapse.
Council member Cretekos reported he completed 100 days as a Council member;
thanked the Council for their hard work and dedication; encouraged residents to attend Council
meetings and participate in Homeowners Associations, etc.; thanked manageme and staff for
their hard work; wished Godspeed to Assistant City Manager Garry Brumb ck.
Council member Petersen congratulated Cretekos on his 100
reported the DDB (Downtown Development Board) plans to install
Street to encourage parking turnover for downtown shops; the DD
October 9, 2007 for three seats.
Council member Doran expressed sympathy to the family of M'
to obtain a copy of the city's hurricane preparedness handbook.
Mavor Hibbard thanked Kiwanis and volunteers for
addition to Clearwater Beach; recommended campai
and other projects are complete; Good Business T
13 - Adjourn
The meeting adjourned at 7:
Council 2007-08-02
8
Item # 4
Meeting Date:8114/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Approve an increase to the Traffic Calming C.LP. 92259 budget by adding $4,686,000 of undesignated Penny for Pinellas funds,
and approve work orders to Wade-Trim (Engineer-of-record) in the amount of $179,998.31 for design of the Wood Valley project
and $428,042.04 for design of the Morningside project and authorize the appropriate officials to execute same.
SUMMARY:
. These contracts are for engineering design and construction administration services for traffic calming in the Morningside
and Wood Valley neighborhoods.
. These traffic calming projects are in response to long-standing resident requests for a solution to speeding vehicles in these
residential neighborhoods. The projects provide traffic calming treatments throughout the neighborhoods and are included
in the City's traffic calming work program.
The Morningside and Wood Valley neighborhoods are ranked 3 and 4, respectively, for traffic calming by number of crashes.
The work involves design of conceptual Traffic Calming Plans that were developed by neighborhood residents at a City-
sponsored charrette workshop, then field-verified by engineers.
The Traffic Calming Plans are supported by petitions signed by the owners of approximately 65% of the parcels in the
Morningside and Wood Valley neighborhoods.
Work on the Morningside design will commence upon award and execution of the Work Order; the design work will be
completed in 242 days; and the construction administration services administration will be completed at the end of construction in
approximately 10 additional months.
Work on the Wood Valley design will commence upon award and execution of the Work Order; the design work will be
completed in 218 days; and the construction administration services administration will be completed at the end of construction in
approximately 6 additional months
Maintenance of the associated signing and pavement marking will be performed by Traffic Operations. Maintenance of the
associated landscaping and irrigation will be performed by the Parks & Recreation Department.
The appropriation of $4,686,000 of undesignated Penny for Pinellas funds at third quarter will provide sufficient funding in
C.LP. 92259 for design and construction of the Wood Valley and Morningside projects, plus the addition of two roundabouts to the
Skycrest project as approved by Council in May 2006.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
Yes
Cover Memo
Budget Adjustment Comments:
Transferring of Penny for Pinellas funds.
Item # 5
Current Year Cost:
$608,040.35
Annual Operating Cost:
Not to Exceed:
For Fiscal Year:
Total Cost:
2006 to 2007
Appropriation Code
0315-92259-561200-541-000-
0000
0315-92259-561200-541-000-
0000
Amount
$179,998.31
Appropriation Comment
Wood Valley
$428,042.04
Momingside
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk 8) City
Manager 9) Clerk
Cover Memo
Item # 5
ACCELERA TED TRAFFIC CALMING
REQUIRED PENNIES FOR PINELLAS FUND TRANSFER
Fi seal Year 2006/2007:
Morningside design-
Wood Valley design-
Less transfer from S.R. 60 corridor C.I.P. 92262
Total
Fiscal Year 2007/08:
Skycrest roundabouts-
Morningside construction-
W ood Valley construction-
Total
$428,000
$180,000
($400,000)
$208,000
$428,000
$2,850,000
$1,200,000
$4,478,000
Total Pennies for Pinellas funds required = $208,000 + $4,478,000 = $4,686,000
Attachment number 1
Page 1 of 1
Item # 5
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Morningside-Meadows
Homeowners' Association
President
Mary McGarvey
VP, Membership
Joe Evich
Recording Secretary
Linda Busch
Corresponding Secretary
Noleen Naude
Treasurer
Bill Zimmerman
Area Directors
Russ Ciokiewicz
Walter Johnson
Newell Phipps
Art Finn
Martie Henderson
John Quattrocki
Mark Blanchard
Carl & Ofelia Rosati
Neighborhood Watch
Coordinator
Phoebe Moss
Area Captains
Mary Schutt
Dorothy Palmieri
Pam McCann
Holly Baumann
Green Thumb Hotline
Lisa Delorenzi
Jack Moss
Arlene Wallace
Newsletter Staff
Editor
Laura I-Iarsh
August 14, 2007
Mayor and City Council
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Dear I-,ilayor and Council rvIembers,
This letter is provided on behalf of the Morningside-Meadows Homeowners'
Association (MMHA) to state our official position with regard to a Traffic Calm-
ing Project (Agenda Item 7.1) and an Interim Traffic Calming Project (Agenda
Item 9,8) for the Morningside-Meadows neighborhood,
As most of you are aware, the MMI-IA has been working with city staff since well
before 1999 when the need for traffic calming became evident. We voiced our
desire to have traffic calming in place prior to any changes in the Morningside
Recreation Center and we have continued to communicate with the city regard-
ing traffic calming issues. Recently, Council and city staff have received many
letters, telephone calls, emails and personal appeals from residents following the
tragedy on Stewart Boulevard in June.
Therefore, in keeping with our longstanding position, the MMHA Board ofDi-
rectors has voted to support the City Council's efforts to brng forward the imple-
mentation of a traffic calming plan to the earliest possible date, In addition,
MMHA supports an interim traftlc calmmg plan which would include speed ta-
bles on major roads in the neighborhood.
In closing, we request that the city continue to "vork with the MMHA via our
Traffic Calming Committee and the Traffic Tech Team to implement the right
solution for our neighborhood.
Thank you for your time and consideration on this important matter.
Sincerely,
Mary 1. McGarvey
cc: W, Horne
p, Bertels
Meeting Date:8114/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT 1 RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 2767 Momingside Drive (Lot 10, Block L, Carlton Terrace First Addition,
Section 05, Township 29 South, Range 16 East); and Pass Ordinances 7846-07, 7847-07 and 7848-07 on first reading. (ANX2007-
06014 )
SUMMARY:
This voluntary annexation petition involves a 0.201-acre property consisting of one parcel of land occupied by a single-family
dwelling. It is located on the south side of Momingside Drive approximately 650 feet east of Evans Drive. The applicant is
requesting this annexation in order to receive solid waste service from the City. The property is within an enclave but is not
contiguous to existing City boundaries. It is proposed that the property be assigned a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). This property is contiguous to a
waterldrainage feature.
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development
Code Section 4-604.E and Pinellas County Ordinance 00-63 as follows:
. In November 2003, an Agreement to Annex was signed by a previous owner which allowed City sewer service to be
extended to this property. That property owner paid all of the City's sewer impact and assessment fees. Collection of solid
waste will be provided by the City of Clearwater. The property is located within Police District III and service will be
administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical
services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity
to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service;
. The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater
Community Development Code.
. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district
to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the su~ect ijJio~erty is
consistent with the uses allowed in the District and the property exceeds the District's minimum dimensiona~ver e 0
requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Compreh9MWf#1~ and
Community Development Code; and
. The property proposed for annexation is located within an enclave, is not contiguous to existing municipal boundaries but is
within the City's urban service area; therefore the annexation is consistent with Section 6(1 )(b) of Pinellas County
Ordinance 00-63 which governs annexation and meets the applicable requirements of Florida Statutes 171. The Pinellas
Planning Council (PPC) staff has reviewed this annexation and no objections were raised.
Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk 7) City Manager 8) Clerk
Cover Memo
Item # 6
Attachment number 1
Page 1 of 7
O'l
.,-
SET POINT RD
CJ:l
:J
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ST CROIX
I
SARA H
l
Location Map
Owner
Frank A. Russell, Jr,
Case:
Property
Size (Acres):
ANX2007-06014
Site:
2767 Morningside Drive
0,201
Land Use
Zoning
PIN: 05-29-16-13554-012-0100
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
264A
Item # 6
Attachment number 1
Page 2 of 7
Aerial Photograph
Owner Frank A. Russell, Jr, Case: ANX2007-06014
Site: 2767 Morningside Drive Property 0,201
Size (Acres):
Land Use Zoning
PIN: 05-29-16-13554-012-0100
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 264A
Item # 6
Attachment number 1
Page 3 of 7
Proposed Annexation Map
Owner Frank A. Russell, Jr,
Site: 2767 Morningside Drive
Land Use Zoning
From: RL (County) R-3 (County)
To: RL (City) LMDR (City)
Case:
Property
Size (Acres):
ANX2007-06014
0,201
PIN:
05-29-16-13554-012-0100
Atlas Page:
264A
Item # 6
Attachment number 1
Page 4 of 7
Future Land Use Map
Owner Frank A. Russell, Jr,
Site: 2767 Morningside Drive
Land Use Zoning
From: RL (County) R-3 (County)
To: RL (City) LMDR (City)
Case:
ANX2007-06014
0,201
Property Size
(Acres):
PIN:
05-29-16-13554-012-0100
Atlas Page:
264A
Item # 6
Attachment number 1
Page 5 of 7
Zoning Map
Owner Frank A. Russell, Jr,
Case:
ANX2007-06014
Site: 2767 Morningside Drive
Property Size
(Acres):
0,201
Land Use
Zoning
PIN: 05-29-16-13554-012-0100
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
264A
Item # 6
Attachment number 1
Page 6 of 7
1795
18
16
Existing Surrounding Uses Map
Owner Frank A. Russell, Jr,
Site: 2767 Morningside Drive
Land Use Zoning
From: RL (County) R-3 (County)
To: RL (City) LMDR (City)
Case:
ANX2007-06014
Property Size
(Acres):
0,201
PIN:
05-29-16-13554-012-0100
Atlas Page:
264A
Item # 6
Attachment number 1
Page 7 of 7
Looking south at 2767 Momingside Drive
North of2767 Momingside Drive
View looking west along Momingside Drive
View looking northeast of2767 Momingside Drive
View looking east along Momingside Drive
View looking northwest of2767 Momingside Drive
ANX2007-06014
Frank A. Russell, Jr.
2767 Morningside Drive
Item # 6
Attachment number 2
Page 1 of 2
ORDINANCE NO. 7846-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF MORNINGSIDE
DRIVE APPROXIMATELY 650 FEET EAST OF EVANS
DRIVE, CONSISTING OF LOT 10, BLOCK L, CARLTON
TERRACE FIRST ADDITION, WHOSE POST OFFICE
ADDRESS IS 2767 MORNINGSIDE DRIVE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the
map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the
property into the City pursuant to Section 171.044, Florida Statutes, and the City has
complied with all applicable requirements of Florida law in connection with this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
Lot 10, Block L, Carlton Terrace First Addition, according to plat thereof
recorded in Plat Book 43, Page 39, Public Records of Pinellas County,
Florida (ANX2007- 06014)
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning Director are directed to
include and show the property described herein upon the official maps and records of the
City.
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
Ordinance No.l~#l13
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Attest:
Attachment number 2
Page 2 of 2
Frank V. Hibbard
Mayor
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance NoI.tem6#rf)
Attachment number 3
Page 1 of 1
ORDINANCE NO. 7847-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY LOCATED ON THE SOUTH SIDE OF
MORNINGSIDE DRIVE APPROXIMATELY 650 FEET EAST
OF EVANS DRIVE, CONSISTING OF LOT 10, BLOCK L,
CARLTON TERRACE FIRST ADDITION, WHOSE POST
OFFICE ADDRESS IS 2767 MORNINGSIDE DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property Land Use Cateqorv
Lot 10, Block L, Carlton Terrace First Addition, Residential Low
according to plat thereof recorded in Plat Book 43,
Page 39, Public Records of Pinellas County, Florida
(ANX2007- 06014)
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7846-07.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 6
Ordinance No. 7847-07
Attachment number 4
Page 1 of 1
ORDINANCE NO. 7848-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF MORNINGS IDE DRIVE
APPROXIMATELY 650 FEET EAST OF EVANS DRIVE,
CONSISTING OF LOT 10, BLOCK L, CARLTON TERRACE
FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS
2767 MORNINGSIDE DRIVE, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
Lot 10, Block L, Carlton Terrace First Addition,
according to plat thereof recorded in Plat Book 43,
Page 39, Public Records of Pinellas County, Florida
(ANX2007- 06014)
Zoninq District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7846-07.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 6
Ordinance No. 7848-07
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of
Low Medium Density Residential (LMDR) District for a part of the property addressed as 2186 Drew Street (a part of Lot 13, Pine
Dell, Section 12, Township 29 South, Range 15 East); and Pass Ordinances 7849-07, 7850-07 and 7851-07 on first reading.
(ANX2007-06015)
SUMMARY:
This voluntary annexation petition involves a 0.0042-acre part of a 1.34-acre property consisting of one parcel of land occupied by
a retail use. It is located on the south side of Dell Avenue approximately 80 feet west of Belcher Road. The applicant is requesting
this annexation in order to have all of the property within the municipal boundaries of the City. In April 1973, the City
Commission approved Ordinance 1447. This Ordinance annexed many properties into the City limits of Clearwater including the
majority part of 2186 Drew Street. The Ordinance did not include the subject part of 2186 Drew Street. This part of the property is
within an enclave and adjacent to City boundaries. It is proposed that this part of the property be assigned a Future Land Use Plan
designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development
Code Section 4-604.E and Pinellas County Ordinance 00-63 as follows:
. All of the City's sewer impact and assessment fees have been paid and the City is currently providing service. Collection of
solid waste is being provided by the City of Clearwater. The property is located within Police District III and service will
be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency
medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate
capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service;
. The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater
Community Development Code.
. The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district
to be assigned to this part of the property is the Low Medium Density Residential District. The use of this part of the
property is vacant. The remainder of the property has a Commercial General (CG) Future Land Use Plan category and an
assigned zoning district of Commercial (C). The proposed annexation is therefore consistent with the Countywide Plan,
City's Comprehensive Plan and Community Development Code; and Cover Memo
Item # 7
. The property proposed for annexation is located within an enclave, is contiguous to existing municipal boundaries and is
within the City's urban service area; therefore the annexation is consistent with Section 6(1)(a) of Pinellas County
Ordinance 00-63 which governs annexation and meets the applicable requirements of Florida Statutes 171. The Pinellas
Planning Council (PPC) staff has reviewed this annexation and no objections were raised.
Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk 7) City Manager 8) Clerk
Cover Memo
Item # 7
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ANX2007-06015
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Item # 7
Attachment number 1
Page 2 of 7
Aerial Photograph
Owner Wiland Limited Case: ANX2007-06015
Site: 2186 Drew Street Property 0.0042
Size (Acres):
Land Use Zoning
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From: RU (County) R-3 (County) 12-29-15-59184-000-0054
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Item # 7
Looking south at 2186 Drew Street
View looking west from 2186 Drew Street
Attachment number 1
Page 7 of 7
Looking northeast of 2186 Drew Street
View looking east from 2186 Drew Street
View looking northwest from 2186 Drew Street
ANX2007-06015
Richard Anderson, Suzanne Wilkins & Martha Anderson
2186 Drew Street
Item # 7
Attachment number 2
Page 1 of 2
ORDINANCE NO. 7849-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 80 FEET WEST OF THE INTERSECTION OF
BELCHER ROAD AND DELL AVENUE, CONSISTING OF A
PORTION OF LOT 13, PINE DELL, WHOSE POST OFFICE
ADDRESS IS 2186 DREW STREET, INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
WH EREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORI DA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See attached legal description
(ANX2007 -06015)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 7
Ordinance No, 7849-07
Attachment number 2
Page 2 of 2
A portion of Lot 13, Pine Dell Subdivision, as recorded in Plat Book 45, Page 26 of the Public
Records of Pinellas County, Florida, described as follows: Starting at the most southeasterly
corner of Lot 13, Pine Dell Subdivision as recorded in Plat Book 45, Page 26, Public Records of
Pinellas County, Florida and run N 89025'27" W along the southerly boundary of said Lot 13,
29.67 feet; thence N 42058'07"E, 20.00 feet; thence S 47001'53"E along the northeasterly
boundary of said Lot 13, 21.91 feet to the Point of Beginning. Containing 0.01 acres more or
less.
Item # 7
Ordinance No, 7849-07
Attachment number 3
Page 1 of 2
ORDINANCE NO. 7850-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY, TO DESIGNATE THE LAND USE FOR CERTAIN
REAL PROPERTY APPROXIMATELY 80 FEET WEST OF
THE INTERSECTION OF BELCHER ROAD AND DELL
AVENUE, CONSISTING OF A PORTION OF LOT 13, PINE
DELL, WHOSE POST OFFICE ADDRESS IS 2186 DREW
STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City
of Clearwater is amended by designating the land use category for the hereinafter
described property, upon annexation into the City of Clearwater, as follows:
Property
See attached legal description
(ANX2007 -06015)
Land Use Cateqorv
Residential Urban
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7849-07.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 7
Ordinance No, 7850-07
A portion of Lot 13, Pine Dell Subdivision, as recorded in Plat
Book 45, Page 26 of the Public Records of Pinellas County,
Florida, described as follows: Starting at the most
southeasterly corner of Lot 13, Pine Dell Subdivision as
recorded in Plat Book 45, Page 26, Public Records of Pinellas
County, Florida and run N 89025'27" W along the southerly
boundary of said Lot 13, 29.67 feet; thence N 42058'07"E,
20.00 feet; thence S 47001 '53"E along the northeasterly
boundary of said Lot 13, 21.91 feet to the Point of Beginning.
Containing 0.01 acres more or less.
Ordinance No, 7850-07
Attachment number 3
Page 2 of 2
Item # 7
Attachment number 4
Page 1 of 2
ORDINANCE NO. 7851-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY
APPROXIMATELY 80 FEET WEST OF THE
INTERSECTION OF BELCHER ROAD AND DELL
AVENUE, CONSISTING OF A PORTION OF LOT 13, PINE
DELL, WHOSE POST OFFICE ADDRESS IS 2186 DREW
STREET UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
See attached legal description
(ANX2007 -06015)
Zoninq District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 7849-07.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 7
Ordinance No, 7851-07
Attachment number 4
Page 2 of 2
A portion of Lot 13, Pine Dell Subdivision, as recorded in Plat Book 45, Page 26 of the
Public Records of Pinellas County, Florida, described as follows: Starting at the most
southeasterly corner of Lot 13, Pine Dell Subdivision as recorded in Plat Book 45, Page
26, Public Records of Pinellas County, Florida and run N 89025'27" W along the southerly
boundary of said Lot 13, 29.67 feet; thence N 42058'07"E, 20.00 feet; thence S
47001 '53"E along the northeasterly boundary of said Lot 13, 21.91 feet to the Point of
Beginning. Containing 0.01 acres more or less.
Item # 7
Ordinance No, 7851-07
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Future Land Use Plan Amendment from the Residential Urban (RU) Category to the Residential Medium (RM)
Category for property located at 2990 Tanglewood Drive (consisting of a portion of Section 17, Township 29 South, Range 16 East
in Metes and Bounds 11/02 and 11/01); and Pass Ordinance 7843-07 on first reading. (LUZ2007 -05002)
SUMMARY:
This Future Land Use Plan (FLUP) amendment application involves property comprising approximately 37.09 acres in area and
located at the southwest corner of the intersection of Drew Street and Bayview Avenue. This property, formerly known as Jasmine
Court, has a FLUP classification of Residential Urban (RU) and a zoning designation of Medium Density Residential (MDR). The
applicant is requesting to amend the FLUP designation of the site to the Residential Medium (RM) classification in order to
construct up to 556 attached dwellings.
The Planning Department determined that the proposed future land use plan amendment, as recommended, is consistent with the
following standards specified in the Community Development Code:
The proposed land use plan amendment is consistent with the Comprehensive Plan.
The proposed use is compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
The proposed land use plan amendment will not have an adverse impact on the natural environment.
Please refer to the land use plan amendment (LUZ2007 -05002) staff report for the complete analysis.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning
Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale
amendment and review and approval by the Florida Department of Community Affairs is required.
The Community Development Board reviewed this application at its public hearing on July 17,2007 and unanimously
recommended approval of the Future Land Use Plan amendment.
Cover Memo
Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk 7) City Manager 8) ClerM:em # 8
Attachment number 1
Page 1 of 6
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Owners: Clearwater Housing Authority Case: LUZ2007 -05002
Site: 2990 Tanglewood Drive Property 37.092 acres
Size(Acres):
Land Use Zoning
PIN: 17/29/16/00000/110/0100
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From: RU MDR
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S:\Planning Department\C D B\Land Use Amendments\LUZ 2007\LUZ2007-05002 - 2990 Tanglewood Drive - Clearwater Housing
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Looking at 2990 Tanglewood Drive from the Drew
Street and Bayview Avenue intersection
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Drive from Bayview Avenue
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L UZ2007 -05002
Clearwater Housing Authority
2990 Tanglewood Drive
Attachment number 1
Page 6 of 6
Looking at 2990 Tanglewood Drive from Bayview
Avenue
View looking at Calvary Baptist Church directly east of
2990 Tanglewood Drive
View looking east at Clearwater Travel Resort, which is
south of 2990 Tanglewood Drive
Item # 8
Attachment number 2
Page 1 of 1
ORDINANCE NO. 7843-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF DREW STREET AND BAYVIEW AVENUE,
CONSISTING OF A PORTION OF SECTION 17, TOWNSHIP 29
SOUTH, RANGE 16 EAST, IN METES AND BOUNDS 11/02 AND
11/01, WHOSE POST OFFICE ADDRESS IS 2990
TANGLEWOOD DRIVE, FROM RESIDENTIAL URBAN TO
RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
See attached legal description
LUZ2007 -05002
Land Use CateQorv
From: Residential Urban
To: Residential Medium
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 8
Ordinance No. 7843-07
Attachment number 3
Page 1 of 7
CDB Meeting Date:
Case Number:
Owner/ Appli cant:
Address:
Agenda Item:
July 17, 2007
LUZ2007-05002
Clearwater Housing Authority
2990 Tanglewood Drive
E-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
Future Land Use Plan amendment from the Residential
Urban (RU) Classification to the Residential Medium (RM)
Classification.
SITE INFORMATION
PROPERTY SIZE:
1,615,728 square feet or 37.092 acres ofa 1,733,253 square
feet or 39.79 acre property
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Attached Dwellings
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU)
Residential Medium (RM)
ZONING DISTRICT:
Current District:
Proposed District:
Medium Density Residential (MDR)
Medium Density Residential (MDR)
EXISTING
SURROUNDING USES:
North: Parks and recreation facility
South: R V park and mobile home park
East: Place of worship
West: Mobile home park
ANALYSIS:
This Future Land Use Plan (FLUP) amendment application involves property compnsmg
approximately 37.092 acres of a 39.79 acre site owned by the Clearwater Housing Authority
(CHA). It has been known as Jasmine Courts but the site has been renamed Parkview Village.
The subj ect site is located at the southwest comer of the intersection of Drew Street and Bayview
Avenue. The CHA proposes to redevelop the site as a mixed use development with 556 attached
dwelling units and nonresidential uses to primarily serve the Parkview Village residents. The
Community Development Board - July 17,2007 - Case LUZ2007-05002 - Page 1 of?
Item # 8
Attachment number 3
Page 2 of 7
redevelopment of this site will allow a mix of housing prices. This site has a Future Land Use
Plan (FLUP) classification of Residential Urban (RU) and a zoning designation of Medium
Density Residential (MDR). The applicant is requesting to amend the FLUP designation of the
site to the Residential Medium (RM) classification in order to construct 556 attached dwellings.
Professional market and real estate development analysts determined that construction of 278
would not be economically successful. Attached dwellings in the MDR zoning district requires
site plan approval.
In order to facilitate the redevelopment of this site with a new traditional neighborhood that was
to include a mix ofland uses, a variety of housing styles and price ranges, subsidized and market
rate housing, the City Council approved a Zoning Atlas amendment for the 37.092 acre portion
from Low Medium Density Residential (LMDR) to MDR in October 2004 (REZ2004-05001).
The Council approved a Future Land Use Plan amendment for a 2.7 acre portion of the overall
site, located in the center of the Jasmine Court property abutting Drew Street, from RU to
ResidentiallOffice/Retail (R/O/R) in October 2004 (LUZ2004-05004) and rezoned it from the
LMDR District to the Commercial (C) District.
In accordance with the Countywide Plan Rules, the FLUP amendment is subject to approval by
the Pinellas Planning Council and Board of County Commissioners acting as the Countywide
Planning Authority. Based on the size and density of the parcel, review and approval by the
Florida Department of Community Affairs is required.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
2.0 Goal - 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.
2.1 Objective - 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.
2.2 Objective - 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.
2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
5.1.1 Policy - No new development or redevelopment will be permitted which causes the level
of City services (traffic circulation, recreation and open space, water, sewage treatment,
Community Development Board - July 17,2007 - Case LUZ2007-05002 - Page 2 of?
Item # 8
Attachment number 3
Page 3 of 7
garbage collection, and drainage) to fall below minimum acceptable levels. However,
development orders may be phased or otherwise modified consistent with provisions of
the concurrency management system to allow services to be upgraded concurrently with
the impacts of development.
7.4 Objective - The City shall specifically consider the eXIstmg and planned Level-of-
Service on the road network affected by a proposed development, when considering an
amendment to the land use map, rezoning, subdivision plat, or site plan approval.
16.1 Obj ecti ve for Adequate Housing - Assure an adequate supply of housing in CI earwater by
providing for addition new dwelling units in a variety of types, costs, and locations to meet
the needs of the residents of the City of Clearwater.
16.2 Objective for Affordable Housing - The City of Clearwater shall continue to provide
assistance and incentives for the development of housing that is affordable to Very Low,
Low, and Moderate Income households, including those with special needs, consistent with
the level of growth in these income categories.
18.8.7 Policy - The City shall continue to work with the Local Housing Authority in providing a
public housing stock that is consistent with the existing and future needs of the residents of
the City of Clearwater.
Recommended Conclusions of Law
The development of attached dwellings at this location will be compatible with the surrounding
environment and will not negatively impact levels of City services. The neighborhood land uses
include attached dwellings, mobile home parks, RV parks, parks and recreation facilities, and
institutional uses. Providing subsidized and market rate housing is also consistent with the
City's Comprehensive Plan. The proposed plan amendment is not in conflict with any
Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the
Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact
The purpose of the proposed Residential Medium category, as specified in Section 2.3.3.2.2 of
the Countywide Rules, is to depict those areas of the County that are now developed, or
appropriate to be developed, in a moderately residential manner; and to recognize such areas as
primarily well-suited for residential uses that are consistent with the urban qualities,
transportation facilities and natural resource characteristics of such areas. The category is
generally appropriate to locations within or in close proximity to urban activity centers; in areas
where use and development characteristics are medium density residential in nature; and in areas
serving as a transition between less urban and more urban residential and mixed use areas.
These areas are typically in close proximity to and may have direct access from the arterial and
thoroughfare highway network.
The property is located on Drew Street, a four-lane divided roadway. Due to the site's proximity
to two major arterials, US Highway 19 and McMullen Booth Road, this area is well suited for
mixed-use development. The site is also located in close proximity to Park Place, a mixed-use
Community Development Board - July 17,2007 - Case LUZ2007-05002 - Page 3 of?
Item # 8
Attachment number 3
Page 4 of 7
Development of Regional Impact located to the west of the site. The subject property is also
located along a PST A route, whi ch will encourage the use of mass transit.
Recommended Conclusions of Law
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-603.F.3]
Recommended Findings of Fact
The property is located along Drew Street in the vicinity of Hampton and McMullen Booth
Roads and is characterized by a variety ofland uses. Immediately to the east of the subject site is
Calvary Baptist Church and school campus. The City-owned Eddie C. Moore Recreation
Complex, a multi-family housing development and an elementary school are located on the north
side of Drew Street in the vicinity of the property. To the south of the site are a mobile home
park and a RV park and to the west is a mobile home park. The future land use designations in
this area allow residential development between 10 - 30 units per acre.
Farther to the west on the south side of Drew Street between Hampton Road and US Highway 19
is the Park Place Development of Regional Impact (DRI), which includes industrial, residential,
retail and office uses. To the west of that is a commercial shopping center located at the
southeast comer of Drew Street and US Highway 19.
The proposed FLUP amendment from the RU category to the RM category will enable the CHA
to develop a neighborhood incorporating a mix of land uses along Drew Street. This proposed
land use plan amendment is compatible with the surrounding residential, institutional, recreation
and tourist uses. The existing Commercial zoning district boundaries are generally located in the
center of the Parkview Village property abutting Drew Street and surrounded on the west, east
and south by the RU category of the remaining 37.09 acres.
The RM and R/O/R boundaries are appropriately located along Drew Street and will allow a
mixed use development, which is compatible with the surrounding neighborhood.
Recommended Conclusions of Law
The proposed FLUP designation is in character with the overall FLUP categories in the area.
They are compatible with surrounding uses and consistent with the character of the immediate
surrounding area and neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES
Recommended Findings of Fact
As stated earlier, the overall subject site is approximately 37.092 acres in area and is vacant.
Under the current FLUP category of RU, 278 attached dwellings are permitted. Based on a
maximum permitted development potential in the proposed Residential Medium category, 556
dwelling units could be potentially constructed on this site.
Community Development Board - July 17,2007 - Case LUZ2007-05002 - Page 4 of?
Item # 8
Attachment number 3
Page 5 of 7
Roadways
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed FLUP categories and are included in the next table.
Maximum Dail Added Potential Tri s
Maximum PM Peak Hour Added Potential Trips3
Volume of Drew Street: Between Hampton Road and
Ba iew Drive
LOS of Drew Street: Between Hampton Road and
Ba iew Drive
N/ A ~ Not Applicable LOS ~ Level-of-Service
15,868
18,464
19,429
965
A
A
A
A
I ~ Based on PPC calculations oftrips per acre per day for the Residential Urban Future Land Use Category,
70
2 ~ Based on PPC calculations oftrips per acre per day for the Residential Medium Future Land Use Category,
96
3 ~ Based on MPO K-tactor 01'0,095
Source: "The Rules" of the Countywide Future Land Use Plan
Based on the 2006 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
Report, the segment of Drew Street, Hampton Road to Bayview Drive has a Level of Service
(LOS) of A.
The proposed FLUP category could generate 91 more PM Peak Hour trips onto Drew Street than
the current FLUP category. The net increase in trips is minimal and the LOS of the adjacent
roadway network will not be negatively impacted.
Even though the subject property is vacant and new trips will be generated by the development
of the property, the proposed plan amendment will not result in a degradation of the existing
LOS to the adjacent roadway network. Furthermore, the City of Clearwater Engineering
Department has concluded that the traffic generation associated with the proposed amendment
will increase existing PM peak hour trips by five percent on Drew Street, between Hampton
Road and Bayview Drive, and will not degrade the LOS.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change. The subject site is located directly on the mass
transit route along Drew Street.
Water
The current FLUP category could use up to 69,500 gallons per day. Under the proposed FLUP
category, water demand could approach approximately 139,000 gallons per day.
Community Development Board - July 17,2007 - Case LUZ2007-05002 - Page 5 of?
Item # 8
Attachment number 3
Page 6 of 7
Wastewater
The current FLUP category could produce up to or 55,600 gallons per day. Under the proposed
FLUP category, sewer demand could approach approximately 111,200 gallons per day.
Solid Waste
Assuming two residents per dwelling unit, the current FLUP category could result in the
production of 722.47 tons of solid waste per year. Under the proposed FLUP category, the
development of attached dwellings could generate 1,444.93 tons of solid waste per year.
Recreation and Open Space
The proposed future land use plan and current zoning designation will permit the development of
up to 556 attached dwellings. The use of the site is proposed to be limited to residential,
therefore, payment of Open Space, Recreation Land and Recreation Facility impact fees will not
be required at this time. The fees will be required prior to building permit and credit will be
given for any previous development.
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined that the traffic generated by this plan
amendment will not result in the degradation of the existing LOS to the adj acent roads. Further,
there is a minimal impact to water, wastewater, and solid waste service as each has adequate
capacity to handle an increase in dwelling units. Open space and recreation facilities and mass
transit will not be affected by the proposed future land use plan category.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended of Findings of Fact
No wetlands appear to be located on the subject site. This property is mostly grass and has a
limited number of trees. A Planning Department Arborist will inspect the site prior to site plan
approval to assess the quantity and quality of trees.
Prior to development of the subject property, the stormwater management system will be
required to meet all City and Southwest Florida Water Management District (SWFWMD)
stormwater management criteria. Water quantity and quality will be controlled in compliance
with the Clearwater Comprehensive Plan.
Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject site. The natural
environment will be protected through the City's tree preservation and storm water management
requirements. There is minimal impact to the City of Clearwater by the redevelopment of
attached dwellings.
SUMMARY AND RECOMMENDATIONS
An amendment of the FLUP from the Residential Urban (RU) category to the Residential
Medium (RM) category for the subject site is requested. The proposed site to be developed is
37.092 acres of a 39.79 acre property and exceeds the minimum lot area and width requirements
for Attached Dwelling Uses within the Zoning District. A mix of multi-family residential, open
Community Development Board - July 17,2007 - Case LUZ2007-05002 - Page 6 of?
Item # 8
Attachment number 3
Page 7 of 7
spaces, and institutional characterizes the neighborhood. The proposed future land use plan
amendment is compatible with the existing neighborhood.
The proposed Residential Medium (RM) FLUP classification is consistent with both the City and
the Countywide Comprehensive Plans, is compatible with the surrounding area, does not degrade
public services below acceptable minimal levels, is compatible with the natural environment and
is consistent with the development regulations of the City.
Approval of this land use plan amendment does not guarantee the right to develop on the
subject property. Transportation concurrency must be met, and the property owner will have to
comply with all laws and ordinances in effect at the time development permits are requested.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
ACTION:
Recommend APPROVAL of the Future Land Use Plan amendment from the Residential Urban
Classification to the Residential Medium.
Prepared by Planning Department staff:
Steven Everitt, Planner II
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
Community Development Board - July 17,2007 - Case LUZ2007-05002 - Page 7 of?
Item # 8
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7729-07 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 1980 Kings Highway, from
Institutional to Residential Medium.
SUMMARY:
BACKGROUND:
This ordinance passed on first reading on January 18,2007. Because it is a large scale amendment to the comprehensive plan, it
was required to be approved by the Florida Department of Community Affairs before being adopted by the city. DCA sent the city
notification dated June 12,2007 to proceed with the adoption of the ordinance.
Review Approval: 1) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7729-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED APPROXIMATELY 110 FEET SOUTH FROM THE
INTERSECTION OF WOODLAWN TERRACE AND KINGS
HIGHWAY, CONSISTING OF A PORTION OF LOT 9, E.A.
MARSHALL SUBDIVISION, WHOSE POST OFFICE ADDRESS
IS 1980 KINGS HIGHWAY, FROM INSTITUTIONAL TO
RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use CateQorv
See attached legal description
From: Institutional
(LUZ2006-08004 )
To:
Residential Medium
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 9
Ordinance No. 7729-07
Attachment number 1
Page 2 of 2
Legal Description for LUZ2006-08004
A PORTION OF LOT 9, LESS THE EAST 30 FEET THEREOF, E.A. MARSHALL SUBDIVISION, AS
RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA:
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF SAID LOT 9; RUN NORTH 89015'17" WEST ALONG THE NORTH LINE OF SAID LOT
9; 30.00 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 00016'06" EAST BEING 30'
WEST AND PARALLEL TO THE EAST LINE OF LOT 9,205.00 FEET: THENCE SOUTH 52029'00"
WEST, 375.75 FEET TO THE WEST LINE OF LOT 9; THENCE NORTH 00015'36" WEST, ALONG
SAID WEST LINE OF LOT 9,437.72 FEET TO THE NORTHWEST CORNER OF LOT 9, THENCE
SOUTH 89015'17" EAST, ALONG THE NORTH LINE OF SAID LOT 9,299.09 FEET TO THE POINT
OF BEGINNING.
CONTAINING 2.2 ACRES MOL
Item # 9
Ordinance No. 7729-07
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7730-07 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose
post office address is 1980 Kings Highway, from Institutional (I) to Medium Density Residential (MDR).
SUMMARY:
BACKGROUND:
This ordinance passed on first reading on January 18,2007. Because it is a large scale amendment to the comprehensive plan, it
was required to be approved by the Florida Department of Community Affairs before being adopted by the city. DCA sent the city
notification dated June 12,2007 to proceed with the adoption of the ordinance.
Review Approval: 1) Clerk
Cover Memo
Item # 10
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7730-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED
APPROXIMATELY 110 FEET SOUTH FROM THE
INTERSECTION OF WOODLAWN TERRACE AND KINGS
HIGHWAY, CONSISTING OF A PORTION OF LOT 9, E.A.
MARSHALL SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1980 KINGS HIGHWAY, FROM
INSTITUTIONAL TO MEDIUM DENSITY RESIDENTIAL
(MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby
rezoned, and the zoning atlas of the City is amended as follows:
Property
See attached legal description
(LUZ2006-08004)
Zoninq District
From: Institutional
To: Medium Density Residential (MDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to
the approval of the land use designation set forth in Ordinance 7729-07 by the Pinellas
County Board of County Commissioners, and subject to a determination by the State of
Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant
to S163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 10
Ordinance No, 7730-07
Attachment number 1
Page 2 of 2
Legal Description for LUZ2006-08004
A PORTION OF LOT 9, LESS THE EAST 30 FEET THEREOF, E.A. MARSHALL
SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9; RUN NORTH
89015'17" WEST ALONG THE NORTH LINE OF SAID LOT 9; 30.00 FEET TO THE POINT
OF BEGINNING: THENCE SOUTH 00016'06" EAST BEING 30' WEST AND PARALLEL TO
THE EAST LINE OF LOT 9, 205.00 FEET: THENCE SOUTH 52029'00" WEST, 375.75 FEET
TO THE WEST LINE OF LOT 9; THENCE NORTH 00015'36" WEST, ALONG SAID WEST
LINE OF LOT 9, 437.72 FEET TO THE NORTHWEST CORNER OF LOT 9, THENCE
SOUTH 89015'17" EAST, ALONG THE NORTH LINE OF SAID LOT 9, 299.09 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2.2 ACRES MOL
Item # 10
Ordinance No, 7730-07
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7775-07 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 2060 Evergreen Avenue, from
Residential Urban to Residential Medium.
SUMMARY:
BACKGROUND:
This ordinance passed on first reading on January 31, 2007. Because it is a large scale amendment to the comprehensive plan, it
was required to be approved by the Florida Department of Community Affairs before being adopted by the city. DCA sent the city
notification dated June 12,2007 to proceed with the adoption of the ordinance.
Review Approval: 1) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 2
ORDINANCE NO. 7775-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED APPROXIMATELY 350 FEET SOUTH OF CR 600
AND 300 FEET WEST OF KINGS HIGHWAY, CONSISTING OF
LOTS 15 AND 16, LOTS 7 AND 8, LOTS 1 TO 6, INCLUSIVE
AND LOTS 9 TO 14, INCLUSIVE, BLOCK I, BROOKLAWN
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2060
EVERGREEN AVENUE, FROM RESIDENTIAL URBAN TO
RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
See legal description attached hereto
(LUZ2006-08003)
Land Use CateQorv
From: Residential Urban
To: Residential Medium
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Item # 11
Ordinance No. 7775-07
Attachment number 1
Page 2 of 2
Legal Description for LUZ2006-08003
Lots 1 to 6, inclusive, Lots 9 to 14, inclusive, Lots 7 and 8, Lots 15 and 16, Block I, Brooklawn
Subdivision, according to the map or plat thereof in Plat Book 13, Page 59, Public Records of
Pinellas County, Florida.
Item # 11
Ordinance No. 7775-07
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 7782-07 on second reading, making amendments to the Comprehensive Plan of the city as adopted on May
18,2000, and amended on July 12,2001, October 7,2004, and October 20,2005, by amending the recreation and open space
element, but amending and adding policies and objectives; adding trails to the list of facilities in Objective 27.2; adding Pinellas
County to Joint Use Agreement partners in Policy 27.2.5; adding open spaces to Objective 27.5; rewording Policy 27.5.3 for clairy;
adding Policy 27.5.5 providing for coordination with federal, state, and local agencies and nonprofits to manage natural areas and
open space; adding Policy 27.5.6 providing for enhancement of open space and natural areas by restoring degraded natural
communities and eradicating non-native vegetation; adding objective 27.6 for development and enhancement of blue ways,
greenways, and recreational trail systems; adding Policy 27.6.1 regarding greenways and trails; adding Policy 27.6.2 for provision
of new or enhanced/maintained access to waterbodies for recreational use.
SUMMARY:
BACKGROUND:
This ordinance passed on first reading on March 15,2007. It was required to go to the Florida Department of Community Affairs
for approval before being adopted by the City on second reading. DCA sent the city notification dated June 12,2007 to proceed
with the adoption of the ordinance.
Review Approval: 1) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 3
ORDINANCE NO. 7782-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF
THE CITY AS ADOPTED ON MAY 18,2000 AND AMENDED ON
JULY 12, 2001, OCTOBER 7, 2004, AND OCTOBER 20, 2005,
BY AMENDING THE RECREATION AND OPEN SPACE
ELEMENT, BY AMENDING AND ADDING POLICIES AND
OBJECTIVES; ADDING TRAILS TO THE LIST OF FACILITIES
IN OBJECTIVE 27.1; PROVIDING FOR INTERGOVERNMENTAL
COORDINATION WITH OTHER PUBLIC ENTITIES IN
OBJECTIVE 27.2; ADDING PINELLAS COUNTY TO JOINT USE
AGREEMENT PARTNERS IN POLICY 27.2.5; ADDING OPEN
SPACES TO OBJECTIVE 27.5; REWORDING POLICY 27.5.3
FOR CLARITY; ADDING POLICY 27.5.5 PROVIDING FOR
COORDINATION WITH FEDERAL, STATE, AND LOCAL
AGENCIES AND NONPROFITS TO MANAGE NATURAL AREAS
AND OPEN SPACE; ADDING POLICY 27.5.6 PROVIDING FOR
ENHANCEMENT OF OPEN SPACE AND NATURAL AREAS BY
RESTORING DEGRADED NATURAL COMMUNITIES AND
ERADICATING NON-NATIVE VEGETATION; ADDING
OBJECTIVE 27.6 FOR DEVELOPMENT AND ENHANCEMENT
OF BLUEWAYS, GREENWAYS AND RECREATIONAL TRAIL
SYSTEMS; ADDING POLICY 27.6.1 REGARDING GREENWAYS
AND TRAILS; ADDING POLICY 27.6.2 FOR PROVISION OF
NEW OR ENHANCED/MAINTAINED ACCESS TO
WATERBODIES FOR RECREATIONAL USE; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS the Local Government Comprehensive Planning and Land Development
Regulation Act of Florida empowers and requires the City Council of the City of Clearwater
to plan for the future development and growth of the City, and to adopt and periodically
amend the Comprehensive Plan, including elements and portions thereof; and
WHEREAS, the City Council approved Ordinance Number 6794-01, which amended
the Comprehensive Plan of the City on February 15, 2001; and
WHEREAS, the City Council approved Ordinance Number 7295-04, which amended
the Comprehensive Plan of the City on October 7,2004; and
WHEREAS, the City of Clearwater has invested significant time and resources in
preserving, maintaining and enhancing Clearwater's open space, greenways and trails; and
WHEREAS, the City of Clearwater has a need to recognize the importance of open
space, blueways and greenways and trails in the City; and
Ordinance No.l~#l712
Attachment number 1
Page 2 of 3
WHEREAS, the City of Clearwater has the need to recognize partnerships with both
private and public sector entities to further the preservation, maintenance and
enhancement of Clearwater's open space, greenways and trails;
WHEREAS, amendments to the Comprehensive Plan of the City have been
prepared in accordance with the applicable requirements of law, after conducting the
appropriate planning analysis, and public participation through public hearings, opportunity
for written comments, open discussion and the consideration of public and official
comments; and
WHEREAS, the Community Development Board, serving as the designated Local
Planning Agency for the City, has held a public hearing on the proposed amendments and
has recommended adoption of the proposed Comprehensive Plan amendments; and
WHEREAS, the proposed amendments have been transmitted to the Florida
Department of Community Affairs for review and comments, and the objections,
recommendations and comments received from the Florida Department of Community
Affairs have been considered by the City Council, together with all comments from local
regional agencies and other persons, in preparing the final draft of the amendments; and
WHEREAS, the City Council finds it necessary, desirable and proper to adopt the
amendments to the objectives and policies of the Comprehensive Plan in order to reflect
changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amendments 1 - 5 to the Clearwater Comprehensive Plan attached
hereto as Exhibit "A" are hereby adopted.
Section 2. This ordinance shall become effective when the Department of
Community Affairs (DCA) issues a final order determining the adopted amendment to
be in compliance, or the Administration Commission issues a final order determining
the adopted amendments to be in compliance, in accordance with Section 163.187 or
163.3189, F.S., as amended.
PASSED ON FIRST READING
2
Ordinance No. ll~-#712
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie Dougall-Sides
Assistant City Attorney
Attachment number 1
Page 3 of 3
Frank Hibbard
Mayor-Councilmember
Attest:
Cynthia E. Goudeau
City Clerk
3
Ordinance No. ll~-#712
Attachment number 2
Page 1 of 2
EXHIBIT A
ATTACHMENT TO ORDINANCE 7782-07
AMENDMENT 1 - RECREATION AND OPEN SPACE ELEMENT GOALS,
OBJECTIVES AND POLICIES
Amendfollowing Objective 27.1 of Goal 27 of the Plan on pages G-2 asfollows:
* * * * *
27.1 Objective - The City shall ensure that parks, open space, trails and recreation
facilities are efficiently and adequately maintained for all segments and districts of the
population according to the level of service standards established for the City.
* * * * *
AMENDMENT 2 - RECREATION AND OPEN SPACE ELEMENT GOALS,
OBJECTIVES AND POLICIES
Amendfollowing Objective 27.2 of Goal 27 of the Plan on pages G-2 asfollows:
* * * * *
27.2 Objective - The City of Clearwater shall continue intergovernmental coordination
with the private sector and other public entities to increase public recreational opportunities
and open space acreage.
* * * * *
AMENDMENT 3 - RECREATION AND OPEN SPACE ELEMENT GOALS,
OBJECTIVES AND POLICIES
Amend Policy 27.2.5 of Goal 27 of the Plan on pages G-3 asfollows:
* * * * *
27.2.5 Maintain existing j oint-use agreements between the Parks and Recreation
Department and the Pinellas County School Board, ana St. Petersburg Junior College, and
the Pinellas County Government.
* * * * *
1 Exhibit A Ordinance No. 7781l~ # 12
Attachment number 2
Page 2 of 2
AMENDMENT 4 - RECREATION AND OPEN SPACE ELEMENT GOALS,
OBJECTIVES AND POLICIES
Amend policies and Objective 27.5 of Goal 27 on pages G-6 as follows:
* * * * *
27.5 Objective - Enhance and maintain the City's unique physical characteristics by
making the best use of existing and potential recreation lands and open spaces.
* * * * *
Policies
27.5.3 The City should utilize and preserve areas of ecological, historical, or
archaeological value for parks and recreation areas-when possible.
* * * * *
27.5.5 Coordinate with other federal, state or local agencies and/or non-profit
organizations to manage natural areas and open space when appropriate.
27.5.6 Enhance open space and natural areas by restoring degraded natural communities
and eradicating non-native vegetation.
* * * * *
AMENDMENT 5 - RECREATION AND OPEN SPACE ELEMENT GOALS,
OBJECTIVES AND POLICIES
Addnew Objective 27.6 andpolicies of Goal 27 on pages G-6 asfollows:
27.6 Obiective - Develop new and enhance existing blueways, greenways and
recreational trail systems throughout Clearwater.
Policies
27.6.1 The City will continue to develop greenways and trails as identified in Shifting
Gears-Clearwater's Bicycle and Pedestrian Master Plan.
27.6.2 The City will provide new access or enhance/maintain existing access to water
bodies where possible for recreational use.
* * * * *
2 Exhibit A Ordinance No. 7781l~ # 12
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve amendment of an agreement with the YWCA for services delivered under a FY 2006 Department of Justice, Bureau of
Justice Assistance (DOJ/BJA) grant that funds the Clearwater Area Task Force on Human Trafficking, to provide one full-time
Human Trafficking case management position.
SUMMARY:
1. On April 6, 2006, the City Council approved acceptance of the above-referenced grant and an accompanying agreement with
the YWCA to deliver contractual services under the grant. These services included training, advice and counseling to human
trafficking victims, interpreter services, document translation, and participation in the task force coalition, all at a rate of $15.00
per hour for a maximum of $45,000, to be funded by the grant.
2. The Task Force includes a partnership with World Relief, which received a separate DOJ/BJA grant that was designated to
provide funding for social services for the human trafficking victims that Clearwater's task force uncovers. World Relief also has a
contractual agreement with the YWCA to provide partial payment of the salary and benefits for a full-time Human Trafficking
case management position. The amount budgeted in World Relief's grant was insufficient to hire a qualified full-time case
management specialist.
3. On May 17,2007, DOJ/BJA approved a budget modification submitted by Clearwater to reallocate $26,860 of the $45,000
budgeted in its grant to provide partial payment of the balance of the salary and FICA for the full-time human trafficking case
management position at the YWCA.
4. The remaining $18,140 of the $45,000 in grant funds budgeted for contractual services provided by the YWCA will still be
utilized for the originally stated purposes.
5. The City's maximum liability under this contract remains at $45,000, funded by the grant.
Type:
Current Year Budget?:
Other
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$159,130
Annual Operating Cost:
Total Cost:
$477,389
to
Appropriation Code
181-99277
Amount
Appropriation Comment
Review
Approval:
Cover Memo
1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk 8) City
Manager 9) Clerk Item # 13
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Page 1 of 2
EXHIBIT B
YWCA OF TAMPA BAY ADVOCACY PROGRAM
SCOPE OF SERVICES
The YWCA of Tampa Bay agrees to comply with the terms, conditions and scope
of the Trafficking Task Forces and Victim Services Program administered by the U.S.
Department of Justice, Bureau of Justice Assistance, and will specifically comply with all
Acceptance Agreement Conditions as listed in the Grant Award and Special Conditions
documents.
Program Components
1. Intervention
. Insure that appropriate YWCA staff are trained in Human Trafficking (HT)
intervention and services.
. Provide advice and counseling to Human Trafficking (HT) victims with the
objective of having the incident(s) reported to the police.
. Provide support and assistance, including interpreter services, during interviews,
legal proceedings, and related processes.
. Provide document translation services as needed for the public awareness
campaign and other program needs.
. Participate in the local World Relief Network of Emergency Trafficking Services
(NETS) coalition in the provision of services to HT victims.
.
2. Liaison with the Clearwater Police Department (CPO)
. Work continuously with representatives of the CPO to improve the awareness of
Clearwater area residents in the HT problem and services available.
3. Outcomes
. Maintain records of activity and case-by-case outcome on all of the above
responsibilities. Prepare a monthly report, to be reviewed by the Hispanic
Services Advisory Committee of the YWCA, and the Clearwater Police
Department.
Item # 13
Attachment number 2
Page 2 of 2
2
Hourly Rate
. Services shall be provided at the hourly rate of $15.50 per hour, not to exceed
for the entire grant period.
Item # 13
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve extension of agreements with the YWCA of Tampa Bay by one (1) year to provide contractual services for "Operation
Apoyo Hispano" and authorize the appropriate officials to execute same.
SUMMARY:
On October 20, 2005, the City Council approved acceptance of a FY 2005 Justice Assistance Grant (JAG) in the amount of
$101,553 and a contractual agreement with the YWCA of Tampa Bay to administer services for "Operation Apoyo Hispano,"
including advocacy, interpretation, translation of documents, and crime prevention/education activities. These contractual expenses
were to be spread out over a two-year period of October 1,2005 - September 30, 2007. The actual expiration date for the federal
grant is September 30, 2008.
On May 30, 2006, the City Council approved acceptance of a FY 2006 JAG in the amount of $66,807 and a contractual
agreement with the YWCA of Tampa Bay to continue the above-referenced grant program. These contractual expenses were to be
spread out over a one-year period of October 1, 2007 - September 30, 2008. The actual expiration date for the federal grant is
September 30, 2009.
A recent evaluation of the FY 2005 JAG budget reveals a balance of approximately $35,000 in unspent grant funds. The
YWCA has advised the Police Department that it will not have sufficient expenses to be billed against all of those funds by
September 30, 2007.
In order to allow the YWCA and Police Department more time to expend the FY 2005 JAG funds, the Police Department is
now seeking a one-year extension of the City's contractual agreement with the YWCA from September 30, 2007 to September 30,
2008, which is the end date of the federal grant period.
Once all of the FY 2005 JAG funds have been exhausted, the FY 2006 JAG funds will be utilized for payment of
contractual services with the YWCA. This will necessitate a one-year extension of the City's contractual agreement with the
YWCA for that grant as well, from September 30, 2008 to September 30, 2009, which is the end date for that federal grant period.
There are no additional costs associated with the extension of time for either of these contractual agreements. The
extensions of time will simply allow Clearwater to utilize all of the federal grant funds to which it is entitled.
Type:
Current Year Budget?:
Other
None
Budget Adjustment:
None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Cover Memo
Appropriation Code
181-99283
181-99299
Amount
Appropriation Comment
Item # 14
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk 8) City
Manager 9) Clerk
Cover Memo
Item # 14
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Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve settlement of the liability claim of Joseph Valley for payment of $100,000.
SUMMARY:
On November 30, 2006, a police officer driving a city vehicle with lights and siren, was pursuing a vehicle believed to contain
armed suspects wanted for a felony. Mr Joseph Valley was operating his vehicle when he heard and saw an approaching police car
and drove his vehicle off to the side of the road to get out of the way of the police car. The police car caught up with the fleeing
vehicle and attempted to disable the fleeing vehicle by hitting the vehicle with the police car. Unfortunately the maneuver was
unsuccessful, and the fleeing vehicle escaped and the police car went out of control and hit Mr. Valley's parked vehicle.
Mr. Valley's vehicle was a total loss.
Mr. Valley was Bayflighted from the scene and later diagnosed with a concussion, soft tissue injuries to his back, knee, and elbow,
and a herniated cervical disc at C5-6. Mr. Valley treated conservatively for all injuries, and incurred $41,222 in medical
expense. A cervical fusion was suggested as appropriate treatment for his neck injury if conservative care did not result in
satisfactory improvement. To date Mr. Valley has not had any neck surgery, but ifhe does the cost would exceed $40,000.
The City's limit ofliability as provided by Section 768.28, Florida Statutes is $100,000. The City's Risk Management Division
and City's Claims Committee recommend this settlement.
Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund.
Type:
Current Year Budget?:
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Other
Yes
Budget Adjustment:
No
$100,000
$100,000
2006 to 2007
Annual Operating Cost:
Total Cost:
$100,000
Appropriation Code
0590-07000- 545900- 519-000-
0000
Amount
$100,000
Appropriation Comment
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk 8) City
Manager 9) Clerk
Cover Memo
Item # 15
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the City's intention to be reimbursed from the proceeds of tax -exempt financing for certain capital expenditures, approve
a contract extension with SunTrust Leasing Corporation to provide lease purchase financing, authorize the appropriate officials to
execute same and adopt Resolution 07-20.
SUMMARY:
The City uses lease purchase financing to pay for certain capital equipment. Lease purchase financing allows the City to pay for
items over their useful life.
The City's contract with SunTrust Leasing, which expires on September 30, 2007, has a provision for two one-year
extensions. This is the second extension.
Resolution 07-20 allows the City to pay the vendors and then be reimbursed from Sun Trust Leasing.
Approval of this resolution and lease purchase contract does not represent a commitment to borrow. Decisions to lease purchase
specific items of equipment must be budgeted for or approved separately in accordance with the City's purchasing policy.
Type:
Current Year Budget?:
Debt-Lease
None
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk 8) City
Manager 9) Clerk
Cover Memo
Item # 16
Attachment number 1
Page 1 of 1
SUNTRUST LEASING CORPORA lION
AMENDMENT NO. 02
AMENDMENT TO lEASE DOCUMENTS
August 14, 2007
TH I S AMENDMENT TO LEASE DOCUMENTS dated as of this 141h day of Auaust, gQQZ (this "Amendment"), by and
among SUNTRUST LEASING CORPORATION, its successors and assigns ("Lessor"), and THE CITY OF
CLEARWATER FLORIDA its successors and pem1itted assigns ("Lessee"}, amend that certain Master Lease
AQreement, dated as of October 16. 2003, and all of the other dOCl.Jrnents and agreements entered Into in connection
therewith, as amended or otheJWise modified (hereinafter collectively referred to as the "Lease Documents1. The
capitalized terms used herein but not otherwise defined herein shall have the respective meanings given them in the
Master Lease AQreement or tlie other documents referred to tI1erein.
1. In accordance with Article III Section 3.1 Term. The City of Clearwater wants to extend the tenn of the
contract by one (1) year of tI1e contact from October 1, 2007 thru September 30, 2008. '
2. All other terms and conditions rem ain unchanged,
3, The term is hereby extended through September 30, 2008.
4. Lessee hereby represents and warrants to Lessor that each of the Lease Documents constitute legal, valid
an~ binding obligations of Lessee, enforceable: against Lessee in-accordance with the terms thereof.
5. This Amenclm ent shall hereafter amend and constitute a part of each of the Lease Documents referenced
herein. Except as expressly provided herein, the tenns and conditions of each such Lease Document remains
unm odlfied and in full forGe and effect, This Amend ment shall be gO'rlemed by :and in accordance with the laws of the
state of Florida_
S"nT'"stL.'Si~
BY: ~'~',~ " ,
Name: Donard Keough
Title: Vice President
Date:
Countersigned:
City of Clearwater, Florida
Frank V. Hibbard
Mayor
By:
Wlliam B. Horne II
City Manager
Approved as to form;
Attest:
Pam Aki n
City Attorney
Cynth ia E. Goudeau
City Clerk
Item # 16
Attachment number 2
Page 1 of 2
RESOLUTION NO. 07-20
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ESTABLISHING THE CITY'S INTENT TO
REIMBURSE CERTAIN PROJECT COSTS
INCURRED WITH PROCEEDS OF FUTURE TAX-
EXEMPT FINANCING; PROVIDE CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the city of Clearwater, Florida (the
"Issuer") has determined that the need exists to acquire certain items of
equipment during the 2007-2008 fiscal year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA THAT:
SECTION 1. AUTHORITY. This resolution (hereinafter called the
"Resolution") is adopted pursuant to the provisions of the Florida Constitution,
Chapter 166, Florida Statutes, and other applicable provisions of law.
SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses
its intention to be reimbursed from proceeds of a future tax-exempt financing for
capital expenditures to be paid by the Issuer in connection with the acquisition of
equipment as set forth in the Issuer's 2007-2008 fiscal year budget, as amended
and supplemented from time to time (the "Project"). The Issuer intends on
acquiring each item of equipment constituting a portion of the Project with funds
then on deposit in the Issuer's bank account, and within a reasonable time
thereafter refinancing such purchases within lease purchase financing with Sun
Trust Leasing Corporation pursuant to a master lease purchase agreement. It is
not reasonably expected that the total amount of the Project will exceed
$7,000,000. This resolution is intended to constitute a "declaration of official
intent" within the meaning of Section 1.150-2 of the Income Tax Regulations.
SECTION 3. SEVERABILITY. If anyone or more of the provisions of this
Resolution shall for any reason be held illegal or invalid, such illegality or
invalidity shall not affect any other provision herein and the remaining provisions
shall be construed and enforced as if such illegal or invalid provisions had not
been contained therein.
Item # 16
Attachment number 2
Page 2 of 2
SECTION 4. REPEALING CLAUSE. All resolution or orders and parts
thereof in conflict herewith to the extent of such conflicts, are hereby superseded
and repealed.
SECTION 5. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption. PASSED AND ADOPTED this day of
,2007.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Item # 16
2
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Enterprise Dog Park, in the
amount of $200,000, with the State of Florida Department of Environmental Protection and authorize the appropriate officials to
execute same, establish capital improvement project "Enterprise Dog Park" in the amount of $400,000 and approve the expenditure
of Recreation Impact Fees in the amount of $118,000 for this project.
SUMMARY:
Included in the FY 2006/2007 CIP budget is a project to develop a dog park in North Clearwater in FY 2009/2010, to be funded in
part by a grant from the State. The City has been awarded a grant in the amount of $200,000 to construct a dog park in the
Countryside area of Clearwater on the south side of Enterprise Road, 1;.4 mile east of US H wy 19.
The project will provide a second dog park within the city limits of Clearwater. The American Veterinary Medical Association
estimates that approximately 17,490 households in Clearwater own 27,984 dogs. The only dog park presently within Clearwater
is located at Crest Lake Park, and many of its users travel more than 10 miles to use the facility.
The project will develop a 20-acre parcel on the south side of Enterprise Road, east of US Hwy 19. The park will consist of three
dog runs, trails, a parking area, fencing, landscaping, and a dog exercise course.
Staff is recommending that $118,000 of recreation impact fees and $82,000 of general fund operating funds be transferred at third
quarter to meet the match for this project.
Parks and Recreation will own and be responsible for maintenance of this facility. Since this is existing recreation land maintained
by the City, no new operating resources or staff will be required to support this facility. Minimal operating costs for electricity,
water and trash removal will be approximately $24,000 per year which will be absorbed in the existing budget.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$400,000
$400,000
2006 to 2007
Budget Adjustment:
None
Annual Operating Cost:
Total Cost:
o
$400,000
Appropriation Code
315-932xx
315-932xx
315-932xx
Amount
$200,000
$118,000
$82,000
Appropriation Comment
FRDAP Grant
Recreation Facility Impac Fees
Various operating codes (see 3rd quarter review)
Review
Approval:
1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and
Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 17
Attachment number 1
Page 1 of 1
DEP Agreement No. F8082
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2007-08) - Development
This PROJECT AGREEMENT is made and entered into this day of
DO NOT DATE ,2007, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the
CITY OF CLEARWATER, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project. In consideration of the
mutual covenants contained herein and pursuant to section 375.075, Florida Statutes,
and chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree as
follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 620-5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall apply to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Enterprise Dog Park (Florida Recreation
Development Assistance Program (FRDAP), FRDAP Project Number F08082),
hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT
with the GRANTEE for the development of that real property, the legal
description of which shall be submitted to the DEPARTMENT as described in the
Florida Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms referenced in this PROJECT AGREEMENT may be found at
www.dep.state.fl.us/parks/oirs. Further, the GRANTEE will also receive all
DEP Agreement No. F8082, Page 1 of 10
DEP 55-231 (05/07)
Item # 17
Attachment number 1
Page 1 of 1
applicable forms for administration of project with GRANTEE'S copy of the fully
executed PROJECT AGREEMENT.
4. The GRANTEE shall construct, or cause to be constructed, certain public
outdoor recreation facilities and improvements consisting of the following
PROJECT ELEMENTS: Dog park, playground, picnic facilities, exercise trail,
hiking trail, nature trail, parking, security lighting, and other related support
facilities. These PROJECT ELEMENTS may be modified by the DEPARTMENT
if the GRANTEE shows good cause and the DEPARTMENT approves the
mod ification.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT'S share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cash/In-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT'S Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 62D-
5.058(Z)(g) of the RULE, the DEPARTMENT will approve the request for
payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
DEPARTMENT will periodically request proof of a transaction (such as invoice or
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines).
When requested, this information must be provided within thirty (30) calendar
days of the date of such request. The GRANTEE may also be required to
submit a cost allocation plan to the DEPARTMENT in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
http://www.fldfs.com/aadir/reference%5Fquide. which GRANTEE shall follow.
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if
fully set forth herein. A copy of this PROCEDURE has been provided with this
PROJECT AGREEMENT and may also be found at
DEP Agreement No. F8082, Page 2 of 10
DEP 55-231 (05/07)
Item # 17
Attachment number 1
Page 1 of 1
http://www.dep.state.fl.us/parks/oirs. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's procurement procedures. Expenses representing the PROJECT
costs, including the required matching contribution, shall be reported to the
DEPARTMENT and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines for accounting for FRDAP funds disbursed for the
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE'S eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the GRANTEE that the amount of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall and assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed
appropriate by the DEPARTMENT.
11. The State of Florida's performance and obligation to pay under this PROJECT
AGREEMENT is contingent upon an annual appropriation by the Legislature.
The GRANTEE understands that this PROJECT AGREEMENT is not a
commitment of future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall
be subject to pre-audit review and approval by the State of Florida Chief
Financial Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 620-5.055(9)
of the RULE. The DEPARTMENT and the GRANTEE fully understand and
agree that there shall be no reimbursement of PROJECT funds by the
DEPARTMENT for any expenditure made prior to the execution of this
PROJECT AGREEMENT with the exception of those expenditures which meet
the requirements of the foregoing sections of the RULE.
14. Prior to commencement of PRQJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
DEP Agreement No. F8082, Page 3 of 10
DEP 55-231 (05/07)
Item # 17
Attachment number 1
Page 1 of 1
complies with the RULE, the DEPARTMENT will give written notice to
GRANTEE to commence the development.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to completion of the PROJECT construction and shall certify that
it has done so to the DEPARTMENT by completing the Project Completion
Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE.
16. This PROJECT AGREEMENT shall become effective upon execution by both
parties and the GRANTEE shall complete construction of all PROJECT
ELEMENTS on or before April 30, 2010 (hereinafter referred to as the
PROJECT completion date), at which time all payment requests and completion
documentation will be due to the DEPARTMENT.
17. Project completion means the PROJECT is open and available for use by the
public. PROJECT must be designated complete prior to release of final
reimbursement. See Rule 62D-5.054( 41 ).
18. The GRANTEE shall maintain books, records and documents directly pertinent
to performance under this PROJECT AGREEMENT in accordance with generally
accepted accounting principles consistently applied, including the PROCEDURE.
The DEPARTMENT, the State, or their authorized representatives shall have'
access to such records for audit purposes during the term of this PROJECT
AGREEMENT and for five years following PROJECT AGREEMENT completion
or resolution of any dispute arising under this PROJECT AGREEMENT. In the
event any work is subcontracted, the GRANTEE shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
19. A.
In addition to the requirements of the preceding paragraph, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1,
Special Audit Requirements, attached hereto and made a part hereof.
Exhibit 1 to Attachment 1 summarizes the funding sources supporting
the PROJECT AGREEMENT for purposes of assisting the GRANTEE in
complying with the requirements of Attachment 1. A revised copy of
Exhibit 1 must be provided to the GRANTEE for each amendment which
authorizes a funding increase or decrease. If the GRANTEE fails to
receive a revised copy of Exhibit 1, the GRANTEE shall notify the
DEPARTMENT'S Grant Manager to request a copy of the updated
information.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F8082, Page 4 of 10
DEP 55-231 (05/07)
Item # 17
Attachment number 1
Page 1 of 1
B. The GRANTEE is hereby advised that the Federal and/or Florida Single
Audit Act Requirements may further apply to lower tier transactions that
may be a result of this PROJECT AGREEMENT. The GRANTEE shall
consider the type of financial assistance (federal and/or state) identified in
Attachment 1, Exhibit 1 when making its determination. For federal
financial assistance, the GRANTEE shall utilize the guidance provided
under OMB Circular A-133, Subpart B, Section _.210 for determining
whether the relationship represents that of a subrecipient or vendor. For
state financial assistance, the GRANTEE shall utilize the form entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor
Determination" (form number DFS-A2-NS) that can be found under the
"Links/Forms" section appearing at the following website:
httDs ://a DDS. fldfs. com/fsaa
The GRANTEE should confer with its chief financial officer, audit director
or contact the DEPARTMENT for assistance with questions pertaining to
the applicability of these requirements.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE'S noncompliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
being due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the
final reimbursement due the DEPARTMENT.
21. The GRANTEE warrants and represents that it is self-funded for liability
insurance, appropriate and allowable under Florida law, and that such self-
insurance offers protection applicable to the GRANTEE'S officers, employees,
servants and agents while acting within the scope of their employment with the
GRANTEE.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of its employees connected with the work of this
Project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this PROJECT AGREEMENT is
not protected under Workers' Compensation statutes, the GRANTEE shall
provide, and cause each subcontractor to provide, adequate insurance
satisfactory to the DEPARTMENT, for the protection of its employees not
otherwise protected.
DEP Agreement No. F8082, Page 5 of 10
DEP 55-231 (05/07)
Item # 17
Attachment number 1
Page 1 of 1
23. The GRANTEE covenants that it presently has no interest and shall not acquire
any interest which would conflict in any manner or degree with the performance
of seNices required.
24. The purchase of non-expendable equipment is not authorized under the terms of
this PROJECT AGREEMENT.
25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT'S Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE'S Grant Manager, identified in paragraph 26, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January 5th, May 5th, and September 5th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished
shall be submitted when the DEPARTMENT requests them.
26. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by certified mail to the parties at the following
addresses:
GRANTEE'S Grant Manager
DEPARTMENT'S Grant Manager
Mr. Art Kader
Asst. Director
100 South Myrtle Avenue
Clearwater, FL 33756
A. Diane Langston
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
27. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
28. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
29. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
from Section 24(a) of Article I of the State Constitution and Section 119.07,
Florida Statutes.
DEP Agreement No. F8082, Page 6 of 10
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30. A.
The DEPARTMENT may terminate this PROJECT AGREEMENT at any
time in the event of the failure of the GRANTEE to fulfill any of its
obligations under this PROJECT AGREEMENT. Prior to termination, the
DEPARTMENT shall provide thirty (30) calendar days written notice of its
intent to terminate and shall provide the GRANTEE an opportunity to
consult with the DEPARTMENT regarding the reason(s) for termination.
B. The DEPARTMENT may terminate this PROJECT AGREEMENT after
three years if the Governor does not approve certification forward of the
PROJECT funds.
31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a
refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE
for noncompliance with the material terms of this PROJECT AGREEMENT. The
GRANTEE, upon such written notification from the DEPARTMENT, shall refund,
and shall forthwith pay to the DEPARTMENT, the amount of money demanded
by the DEPARTMENT. Interest on any refund shall begin the date that the
GRANTEE was informed that a refund was required and continues to accrue
until the date the refund and interest are paid to the DEPARTMENT.
32. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
33. The GRANTEE may subcontract work under this PROJECT AGREEMENT
without the prior written consent of the DEPARTMENT'S Grant Manager. The
GRANTEE agrees to be responsible for the fulfillment of all work elements
included in any subcontract. It is understood and agreed by the GRANTEE that
the DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
34. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 620-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE,
such as by lease, shall be dedicated as an outdoor recreation area for the use
and benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
DEP Agreement No. F8082, Page 7 of 10
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shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
35. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in termination of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing under Paragraph 26 of the particular violations stating a reasonable time
to comply. Failure to comply within the time period stated in the written notice
shall result in termination of the PROJECT AGREEMENT and shall result in the
imposition of the terms in Paragraph 31.
36. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the RULE shall
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
37. If the DEPARTMENT determines that site control is not sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE
a notice in writing and a reasonable time to comply. If the deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
31.
38. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
39. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a
public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list which may be
found at http://dms.mvflorida.com/dms/purchasinQ/convicted suspended
discriminatory complaints vendor lists. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity at (850) 487-0915.
DEP Agreement No. F8082, Page 8 of 10
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Attachment number 1
Page 1 of 1
40. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this PROJECT AGREEMENT. Any action hereon or
in connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the prior written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, in the form of an Amendment duly executed by each of the parties
hereto, and attached to the original of this PROJECT AGREEMENT.
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DEP Agreement No. F8082, Page 9 of 10
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written above.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF CLEARWATER
By: DO NOT SIGN
Division Director (or Designee)
Division of Recreation and Parks
By: See Attached Signature Page
Printed Name:
Title:
Date
Date
Address:
Office of I nformation and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
100 South Myrtle Avenue
Clearwater, FL 33756
,da),,~ . J ~~
DEP Grant Managefp:
Grantee Attorney
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
May 10, 2007 for use for one year.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number Description (include number of pages)
Attachment
1 Special Audit Requirements (5 Paqes)
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DEP Agreement No.: F8082
CSFA Number: 37.017
CSFA Title: FRDAP
CITY OF CLEARWATER SIGNATURE PAGE TO:
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLROIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2007-08) - DEVELOPMENT
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
~k~
Assistant City Attorney
Attest:
-
Cynthia E. Goudeau
City Clerk
Item # 17
Attachment number 1
Page 1 of 1
ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defmed by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the, event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-133,
as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental
Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall
consider all sources of Federal awards, including Federal resources received from the Department of Environmental
Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in
accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the recipient
expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal
resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal
entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfda/cfda.html.
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Attachment number 1
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PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such
fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial
Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the
Department of Environmental Protection by this Agreement. In determining the state financial assistance expended
in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial
assistance received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State fmancial assistance does not include Federal direct or pass-through awards and resources received by
a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a fmancial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state fmancial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state fmancial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfm. State of Florida's web site at
http://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-B3, as revised, by or on behalf of the recipient directly to each of the following:
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Item # 17
Attachment number 1
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A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a
copy of the reporting package described in Section .320( c), OMB Circular A-133, as revised, and
any management letters issued by the auditor, to the Department of Environmental Protection at the
following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by P ART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office ofthe Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
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4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting
package was delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years' from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
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DEP Agreement No. F8082, Attachment 1, Page 4 of 5
Item # 17
EXHIBIT - 1
FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Aereement Consist of the Followinl!::
Federal
Program CFDA
Number Federal Agency Number CFDA Title Funding P
State Resources Awarded to the Recipient Pursuant to this Al!:reement Consist of the Followine: Matchine: Resources for Feder
Federal
Program
Number Federal Agency CFDA CFDA Title Funding j1
State Resources A warded to the Recipient Pursuant to this Aereement Consist of the Followine: Resources Sub,ject to Section 2
State CSF A Title
Program State CSFA or
Number Funding Source Fiscal Year Number Funding Source Description Funding A
F8082 Florida Forever 2007-2008 37.017 Florida Recreation Development $200,OO(
Assistance Program
Total Award I
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Dc
[http://12.46.245.173/cfda/cfda.html]and/ortheFloridaCatalogofStateFinanciaIAssistance(CSFA)[https://apps.fldfs.com/fsaa,
services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the r,
in the Contract.
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DEP Agreement No. F8082, Attachment 1, Page 5 of 5
Item # 17
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Countryside Park
Improvements, in the amount of $200,000, with the State of Florida Department of Environmental Protection and authorize the
appropriate officials to execute same.
SUMMARY:
The City has been awarded a grant in the amount of $200,000 to provide enhancements to Countryside Community Park including
the renovation of the playground, picnic facilities and the construction of a new restroom/storage/concession building.
This total project budget is $425,000. The City has already received a grant from Pinellas County in the amount of $125,000. The
Countryside Little League has committed to raising $75,000 for this project, and Clearwater for Youth has committed $25,000.
The project includes enhancements to the playground to provide "limitless" features to facilitate play for all abilities, a new trail
connecting to the future Progress Energy Trail, additional picnic facilities, and the construction of restroom/storage/concession
building.
The current concession building is in a less than desirable location, over 20 years old and in need of major renovations. The
existing restroom building is inconveniently located on the southeastern portion of the park as it was constructed prior to the
athletic fields.
The City has hired the firm of Fowler and Associates to perform engineering design services for the new restrooms/concession
building. The new single-story concrete block building will contain restrooms, storage, concession area, meeting room and an
office.
The new building when constructed will replace three existing buildings, which will be demolished as part of this project. The
consolidation will not require any additional operating or staff resources.
The park improvements, (playground, picnic facilities and court resurfacing) were part of the City's capital improvement
replacement program and will require no new resources to maintain. This facility will be owned and maintained by Parks and
Recreation.
Appropriation Code
315-93256
315-93256
315-93256
315-93256
Amount
$200,000
$125,000
$75,000
$25,000
Appropriation Comment
FRDAP grant from State of FL
Pinellas County grant
Donation from Countryside LL
Grant from Clearwater for Youth
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 18
Attachment number 1
Page 1 of 1
DEP Agreement No. F8111
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2007-08) - Development
This PROJECT AGREEMENT is made and entered into this day of
DO NOT DATE , 2007, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the
CITY OF CLEARWATER, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project. In consideration of the
mutual covenants contained herein and pursuant to section 375.075, Florida Statutes,
and chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree as
follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 620-5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall apply to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Countryside Park (Florida Recreation
Development Assistance Program (FRDAP), FRDAP Project Number F08111),
hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT
with the GRANTEE for the development of that real property, the legal
description of which shall be submitted to the DEPARTMENT as described in the
Florida Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms referenced in this PROJECT AGREEMENT may be found at
www.dep.state.fl.us/parks/oirs. Further, the GRANTEE will also receive all
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applicable forms for administration of project with GRANTEE'S copy of the fully
executed PROJECT AGREEMENT.
4. The GRANTEE shall construct, or cause to be constructed, certain public
outdoor recreation facilities and improvements consisting of the following
PROJECT ELEMENTS: Renovate playground, basketball courts, picnic
facilities, bike trail, restrooms/concession stand, parking, and other related
support facilities. These PROJECT ELEMENTS may be modified by the
DEPARTMENT if the GRANTEE shows good cause and the DEPARTMENT
approves the modification.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT'S share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cash/ln-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT'S Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 620-
5.058(Z)(g) of the RULE, the DEPARTMENT will approve the request for
payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
DEPARTMENT will periodically request proof of a transaction (such as invoice or
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines).
When requested, this information must be provided within thirty (30) calendar
days of the date of such request. The GRANTEE may also be required to
submit a cost allocation plan to the DEPARTMENT in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
http://www.fldfs.com/aadir/reference%5Fquide. which GRANTEE shall follow.
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if
fully set forth herein. A copy of this PROCEDURE has been provided with this
PROJECT AGREEMENT and may also be found at
DEP Agreement No. F8111, Page 2 of 10
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http://www.dep.state.fl.us/parks/oirs. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's procurement procedures. Expenses representing the PROJECT
costs, including the required matching contribution, shall be reported to the
DEPARTMENT and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines for accounting for FRDAP funds disbursed for the
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE'S eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the GRANTEE that the amount of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall and assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed
appropriate by the DEPARTMENT.
11. The State of Florida's performance and obligation to pay under this PROJECT
AGREEMENT is contingent upon an annual appropriation by the Legislature.
The GRANTEE understands that this PROJECT AGREEMENT is not a
commitment of future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall
be subject to pre-audit review and approval by the State of Florida Chief
Financial Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 620-5.055(9)
of the RULE. The DEPARTMENT and the GRANTEE fully understand and
agree that there shall be no reimbursement of PROJECT funds by the,
DEPARTMENT for any expenditure made prior to the execution of this
PROJECT AGREEMENT with the exception of those expenditures which meet
the requirements of the foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
DEP Agreement No. F8111, Page 3 of 10
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complies with the RULE, the DEPARTMENT will give written notice to
GRANTEE to commence the development.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to completion of the PROJECT construction and shall certify that
it has done so to the DEPARTMENT by completing the Project Completion
Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE.
16. This PROJECT AGREEMENT shall become effective upon execution by both
parties and the GRANTEE shall complete construction of all PROJECT
ELEMENTS on or before April 30, 2010 (hereinafter referred to as the
PROJECT completion date), at which time all payment requests and completion
documentation will be due to the DEPARTMENT.
17. Project completion means the PROJECT is open and available for use by the
public. PROJECT must be designated complete prior to release of final
reimbursement. See Rule 62D-5.054(41).
18. The GRANTEE shall maintain books, records and documents directly pertinent
to performance under this PROJECT AGREEMENT in accordance with generally
accepted accounting principles consistently applied, including the PROCEDURE.
The DEPARTMENT, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this PROJECT
AGREEMENT and for five years following PROJECT AGREEMENT completion
or resolution of any dispute arising under this PROJECT AGREEMENT. In the
event any work is subcontracted, the GRANTEE shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
19. A.
In addition to the requirements of the preceding paragraph, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1,
Special Audit Requirements, attached hereto and made a part hereof.
Exhibit 1 to Attachment 1 summarizes the funding sources supporting
the PROJECT AGREEMENT for purposes of assisting the GRANTEE in
complying with the requirements of Attachment 1. A revised copy of
Exhibit 1 must be provided to the GRANTEE for each amendment which
authorizes a funding increase or decrease. If the GRANTEE fails to
receive a revised copy of Exhibit 1, the GRANTEE shall notify the
DEPARTMENT'S Grant Manager to request a copy of the updated
information.
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DEP Agreement No. F8111, Page 4 of 10
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B. The GRANTEE is hereby advised that the Federal and/or Florida Single
Audit Act Requirements may further apply to lower tier transactions that
may be a result of this PROJECT AGREEMENT. The GRANTEE shall
consider the type of financial assistance (federal and/or state) identified in
Attachment 1, Exhibit 1 when making its determination. For federal
financial assistance, the GRANTEE shall utilize the guidance provided
under OMB Circular A-133, Subpart B, Section _.210 for determining
whether the relationship represents that of a subrecipient or vendor. For
state financial assistance, the GRANTEE shall utilize the form entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor
Determination" (form number DFS-A2-NS) that can be found under the
"Links/Forms" section appearing at the following website:
httDS:// a DDS. fldfs. com/fsaa
The GRANTEE should confer with its chief financial officer, audit director
or contact the DEPARTMENT for assistance with questions pertaining to
the applicability of these requirements.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE'S noncompliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
being due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the
final reimbursement due the DEPARTMENT.
21. The GRANTEE warrants and represents that it is self-funded for liability
insurance, appropriate and allowable under Florida law, and that such self-
insurance offers protection applicable to the GRANTEE'S officers, employees,
seNants and agents while acting within the scope of their employment with the
GRANTEE.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of its employees connected with the work of this
Project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this PROJECT AGREEMENT is
not protected under Workers' Compensation statutes, the GRANTEE shall
provide, and cause each subcontractor to provide, adequate insurance
satisfactory to the DEPARTMENT, for the protection of its employees not
otherwise protected.
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23. The GRANTEE covenants that it presently has no interest and shall not acquire
any interest which would conflict in any manner or degree with the performance
of services required.
24. The purchase of non-expendable equipment is not authorized under the terms of
this PROJECT AGREEMENT.
25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT'S Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE'S Grant Manager, identified in paragraph 26, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January 5th, May 5th, and September 5th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished
shall be submitted when the DEPARTMENT requests them.
26. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by certified mail to the parties at the following
addresses:
GRANTEE'S Grant Manager
DEPARTMENT'S Grant Manager
Mr. Art Kader
Assistant Director
100 South Myrtle Avenue
Clearwater, FL 33756
A. Diane Langston
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
27. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
28. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
29. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
from Section 24(a) of Article I of the State Constitution and Section 119.07,
Florida Statutes.
DEP Agreement No. F8111, Page 6 of 10
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30. A.
The DEPARTMENT may terminate this PROJECT AGREEMENT at any
time in the event of the failure of the GRANTEE to fulfill any of its
obligations under this PROJECT AGREEMENT. Prior to termination, the
DEPARTMENT shall provide thirty (30) calendar days written notice of its
intent to terminate and shall provide the GRANTEE an opportunity to
consult with the DEPARTMENT regarding the reason(s) for termination.
B. The DEPARTMENT may terminate this PROJECT AGREEMENT after
three years if the Governor does not approve certification forward of the
PROJECT funds.
31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a
refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE
for noncompliance with the material terms of this PROJECT AGREEMENT. The
GRANTEE, upon such written notification from the DEPARTMENT, shall refund,
and shall forthwith pay to the DEPARTMENT, the amount of money demanded
by the DEPARTMENT. Interest on any refund shall begin the date that the
GRANTEE was informed that a refund was required and continues to accrue
until the date the refund and interest are paid to the DEPARTMENT.
32. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
33. The GRANTEE may subcontract work under this PROJECT AGREEMENT
without the prior written consent of the DEPARTMENT'S Grant Manager. The
GRANTEE agrees to be responsible for the fulfillment of all work elements
included in any subcontract. It is understood and agreed by the GRANTEE that
the DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
34. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 620-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE,
such as by lease, shall be dedicated as an outdoor recreation area for the use
and benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
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shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
35. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in termination of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing under Paragraph 26 of the particular violations stating a reasonable time
to comply. Failure to comply within the time period stated in the written notice
shall result in termination of the PROJECT AGREEMENT and shall result in the
imposition of the terms in Paragraph 31 .
36. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the RULE shall
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
37. If the DEPARTMENT determines that site control is not sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE
a notice in writing and a reasonable time to comply. If the deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
31.
38. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
39. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a
public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list which may be
found at http://dms.mvflorida.com/dms/purchasinq/convicted suspended
discriminatory complaints vendor lists. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity at (850) 487-0915.
DEP Agreement No. F8111, Page 8 of 10
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Attachment number 1
Page 1 of 1
40. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this PROJECT AGREEMENT. Any action hereon or
in connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto. .
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the prior written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, in the form of an Amendment duly executed by each of the parties
hereto, and attached to the original of this PROJECT AGREEMENT.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written above.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF CLEARWATER
By: DO NOT SIGN
Division Director (or Designee)
Division of Recreation and Parks
By: See attached signature page.
Printed Name:
Title:
Date
Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
100 South Myrtle Avenue
Clearwater, FL 33756
Grantee Attorney
#'.0~~
DEP Grant Mana
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
May 10, 2007 for use for one year.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number Description (include number of pages)
Attachment
1 Special Audit Requirements (5 PaQes)
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DEP Agreement No.: F8111
CSFA Number: 37.017
CSFA Title: FRDAP
CITY OF CLEARWATER SIGNATURE PAGE TO:
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLROIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2007-08) - DEVELOPMENT
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank V. Hibbard
Mayor
William B. Horne II
City Manager
Approved as to form:
f::::s~L
Assistant City Attorney
Attest:
~
Cynthia E. Goudeau
City Clerk
Item # 18
Attachment number 1
Page 1 of 1
ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defmed by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,
as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental
Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall
consider all sources of Federal awards, including Federal resources received from the Department of Environmental
Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in
accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the recipient
expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal
resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal
entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfda/cfda.html.
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PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such
fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial
Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the
Department of Environmental Protection by this Agreement. In determining the state financial assistance expended
in its fiscal year, the recipient shall consider all sources of state financial assistance, including state fmancial
assistance received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State fmancial assistance does not include Federal direct or pass-through awards and resources received by
a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a financial reporting package as defmed by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state fmancial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfm. State of Florida's website at
http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-l33, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-l33, as revised, by or on behalf of the recipient directly to each of the following:
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Item # 18
Attachment number 1
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A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a
copy of the reporting package described in Section .320( c), OMB Circular A-133, as revised, and
any management letters issued by the auditor, to the Department of Environmental Protection at the
following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
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4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting
package was delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
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Item # 18
EXHIBIT - 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recinient Pursuant to this Al!reement Consist of the Following:
Federal
Program CFDA
Number Federal Agency Number CFDA Title Funding AJ
State Resources Awarded to the Recipient Pursuant to this Al!reement Consist of the Following Matchinl! Resources for Fedenl
Federal
Program
Number Federal Agencv CFDA CFDA Title Funding AJ
State Resources Awarded to the Recipient Pursuant to this Al!reement Consist of the Following Resources Subiect to Section 21
State CSF A Title
Program State CSFA or
Number Funding Source Fiscal Year Number Funding Source Description Funding AJ
F81ll Florida Forever 2007-2008 37.017 Florida Recreation Development $200,000.
Assistance Program
Total Award I
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Do
[http://12.46.245.l73/cfda/cfda.html]and/ortheFloridaCatalogofStateFinanciaIAssistance(CSFA)[https://apps.f1dfs.com/fsaa/
services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the n
in the Contract.
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DEP Agreement No. F8111, Attachment 1, Page 5 of 5
Item # 18
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the final plat for "CLEARWATER VILLAGE PHASE ONE-A," located at 1312 State Street approximately 700 feet east
of Betty Lane.
SUMMARY:
. This is a replat of a portion of lot 10, E.A. Marshall subdivision and a portion of Clearwater Village Phase 1.
. The property is within the city limits of Clearwater consisting of 0.5 acres more or less.
. The final plat will create 5 townhome lots.
. The proposed project was approved by Development Review Committee on September 12,2002 and by the Community
Development Board on December 24, 2002.
. The property is zoned as Medium Density Residential (MDR).
Review Approval: 1) Planning 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk 7) City Manager 8) Clerk
Cover Memo
Item # 19
Attachment number 1
Page 1 of 1
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Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an Interim Traffic Calming Recommendation from staff at an estimated cost of $34,000 for Morningside to install speed
tables on Stewart Blvd. and on Ham Blvd. until the formal traffic-calming plan is implemented in FY 08/09.
SUMMARY:
. Speed tables are to be deployed on Stewart Blvd, Summerlin Drive between Stewart Blvd and Fairbanks Drive, Williams
Drive between Stewart Blvd and Ranchwood Drive, and on Harn Blvd on an interim basis and will be removed once the
formal traffic calming is deployed.
. There is 65 percent consensus of the property owners on Stewart Blvd. and 65 percent consensus of the property owners on
Harn Blvd.
. Traffic Operations Division and Public Services Department will maintain the speed tables and associated signing and
markings.
. The speed tables will be installed by the City's Public Services Department personnel upon approval.
. Sufficient budget and revenue are available in the Capital Improvement Program project 0315-92259, Traffic Calming to
fund the speed tables.
Type:
Current Year Budget?:
Capital expenditure
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Annual Operating Cost:
Total Cost:
to
Appropriation Code
0315-92259-563700-541-000-
0000
Amount
Appropriation Comment
Review
Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk 8) City
Manager 9) Clerk
Cover Memo
Item # 20
6 Interim Speed Tables on & near Stewart~~1}VQbe
(Locations shown are pending adjacent homeowner approval.)
. = Stop sign
(l) = Manhole ~ = symbol painted
= Fire hydrant on pavement to
indicate speed
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1315
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1317 1314
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14
Morningside Neighborhood Traffic Calming
Cost Estimate For Traffic Signs & Pavement Markings
Thermoplastic pavement markings $1,350.00
Galvanized channel sign posts $576.00
30 inch speed humps signs $732.00
18 inch 15 mph advisory speed plaques $492.00
Labor $1,000.00
Vehicles & equipment $400.00
Total for signing and marking 12 speed humps
$4,550.00
Cost per hump $379.17
Don Filmon's 7/07 estimate for City forces to build speed tables, excluding
signing and marking $ 2,044.00
Total
$2,423.17
Attachment number 2
Page 1 of 1
Item # 20
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Ratify and confirm payment of invoices to Progress Energy Lighting Solutions - Florida to install lighting and related components
on various portions of the Beach Walk project area, in the amount of $251,249.07.
SUMMARY:
. An integral part of the Beach Walk project is the installation of decorative street lighting. The streetlights are being
installed by Progress Energy. The magnitude of the Beach Walk project is such that it is considered a new installation by
Progress Energy, rather than simply a streetlight replacement job.
. There are six separate invoices totalling $251,249.07, which include roadway lighting on Harnden and Gulfview and
parking lot lighting in Pier 60 parking lot and parking lot 32 south.
. Maintenance of these street lights will be done by Progress Energy.
. Ongoing monthly rental fees in the amount of $6,084.18 have been factored into the FY 2007/08 operating budget for
Traffic Engineering.
. Sufficient budget and revenue are available in Capital Improvement Program project 0315-92267, Beachwalk to fund the
payment of the invoices.
. Copies of the invoices are available in the Office of Official Records and Legislative Offices.
.
Type:
Current Year Budget?:
Operating Expenditure
Yes Budget Adjustment:
None
Budget Adjustment Comments:
None.
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$251,249.07
$251,249.07
2006 to 2007
Annual Operating Cost:
Total Cost:
$73,008
$251,249.07
Appropriation Code
0315-92267 -562500-541-000-
0000
Amount
$251,249.07
Appropriation Comment
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) City Manager 6) Clerk 7) City
Manager 8) Clerk 9) City Manager 10) Clerk
Cover Memo
Item # 21
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Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend Chapter 24, Article III, Wellhead Protection to update the ordinance in accordance with current Florida Administrative
Code requirements and pass Ordinance 7800-07 on first reading.
SUMMARY:
The City's current wellhead protection ordinance was adopted in June 1991. Since that time, there have been changes in the
Florida Administrative Code - Chapter 62 - to restrict certain activities adjacent to water supply wells that could pose a risk to
ground water quality. In addition, the 1991 ordinance applied only to nonresidential development.
The City currently has 18 potable water supply wells used to supplement purchased water with plans to expand to approximately
40 wells in the next few years.
This proposed ordinance will apply to new activities adjacent to existing or new wells. Specifically, the ordinance will require a
Wellhead Protection Permit for any new nonresidential activity within 500-feet of a well or new residential activity within l00-feet
of a well. If any potentially contaminating material is proposed to be used or stored within these zones, a Protection-Containment
Plan will be required.
With this revision, the City's ordinance will be updated in accordance with current Florida Administrative Code requirements
including restrictions on residential development.
Review Approval: 1) Legal 2) Clerk 3) City Manager 4) Clerk 5) City Manager 6) Clerk 7) City Manager 8) Clerk
Cover Memo
Item # 22
Attachment number 1
Page 1 of 5
ORDINANCE NO. 7800-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO WELLHEAD PROTECTION; AMENDING
CHAPTER 24, PUBLIC HEALTH, ARTICLE III, WELLHEAD
PROTECTION OF THE CLEARWATER CODE OF
ORDINANCES; ADDING NEW SECTION 24.64, PERMIT
REQUIREMENTS; RENUMBERING SECTIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the current wellhead protection program became effective through
Ordinance No. 5095-91 in June 1991; and
WHEREAS, it is determined that changes should be made to the wellhead protection
ordinance in order to address changes in the Florida Administrative Code; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 24, Public Health, Article III, Wellhead Protection of the
Clearwater Code of Ordinances is hereby amended as follows:
Sec. 24.61. Purpose and intent of article.
The purpose and intent of this article is to protect and safeguard the public health,
safety, and welfare by providing a wellhead protection contamination prevention
program which regulates the use or storaqe of contaminating materials within a
prescribed protection zone surrounding potable water supply wells within the City of
Clearwater.
Sec. 24.62. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section; except where the context clearly indicates a
different meaning:
Contaminating material means any physical. chemical, biological, or radiological
formulation, mixture or substance, wet or dry, natural or synthetic, that could be
introduced into the public potable water supply in quantities and concentrations that
could violate the standards assigned to potable water as established in Chapter 62-550,
Rule 17 550, Florida Administrative Code (F.A.C.), of the Florida Department of
Environmental Protection (FDEP) Regulation.
Enqineerinq Pubffc works director means the director of the enqineerinq department ef
public works of the city, or an employee within the enqineerinq department of public
works authorized by the director to exercise authority or to carry out any of the duties
under this article.
Potable Water Well means any water well that supplies water for human consumption
and that is connected to the City of Clearwater Public Water System.
Ordinance No. Imo~t22
Attachment number 1
Page 2 of 5
Sec. 24.63. Permit--Required.
(1) As of July 1, 1991, any new business, commercial, industrial or other nonresidential
activity proposed to be established or expanded on property within the city, any portion
of which property is located within 200 feet of a potable water supply well permitted by
the Southwest Florida '.^.'ater Management District (S'NF'NMD), where the proposed
activity involves the use, handling, conveyance or storage of any contaminating
material, shall obtain a wellhead protection permit from the public works director. A
wellhead protection permit shall may be obtained from the enqineerinq director for any
new business, commercial, industrial or other nonresidential activity on property within
the city if any portion of the subiect property is within 500 feet of a potable water well. A
wellhead protection permit shall be obtained from the enqineerinq director for any new
residential construction on property located within the city if any portion of the subiect
property is within 100 feet of a potable water well. A wellhead protection permit may be
issued by the enqineerinq director after review of the application and protection-
containment plan (if required) submitted by the applicant. No business tax receipt or
buildinq permit shall be issued for any activity for which a wellhead protection permit is
required until such permit has been issued. Permits shall have a term not to exceed
twelve months and shall expire on March 15 of each year. Applications for annual
permit renewal shall be submitted no later than thirty days prior to permit expiration.
issued by the public works director after review of the protection containment plan to be
submitted by the applicant. No occupational license shall be issued and no development
order, including but not limited to any building permit, shall be approved for any activity
for which a wellhead protection permit is required until such permit has been issued or
the issuance of a wellhead protection permit has been made a contingency of such
approval.
(2) On or before December 31, 1991, all existing nonresidential activities involving the
use, handling, conveyance or storage of contaminating materials located on property
within the city, any portion of which property is located within 200 feet of a potable water
supply well permitted by S'.^/F'NMD, shall submit a protection containment plan and an
application for a wellhead protection permit to the department of public works, and shall
obtain a wellhead protection permit within 60 days following the application date.
Sec 24.64 Permit requirements
(1) Activities within a 500-foot radial distance around a potable water supply well
shall conform to the requirements of Chapter 62-521, F.A.C., Wellhead Protection.
(2) Activities defined as potentially hiqh risk to qround water quality in Chapter 62-
555.312, F.A.C. shall not be permitted within 100 feet of an existinq potable water
supply well.
(3) Activities defined as a moderate risk to qround water quality in Chapter 62-
555.312, F.A.C. shall not be permitted within 50 feet of an existinq potable water supply
well.
(4) If any contaminatinq material is proposed to be used or stored for any business,
commercial, industrial or other nonresidential use within 500 feet of a potable water
supply well, a Protection-Containment Plan shall be submitted. If any contaminatinq
2
Ordinance No. ll8iOO-#7.22
Attachment number 1
Page 3 of 5
material is proposed to be used or stored for residential use within 100 feet of a potable
water supply well, a Protection-Containment Plan shall be submitted.
(5) A Wellhead Protection Permit application shall at a minimum include a location
map of the potable water well and 500 feet surroundinq the well, plans for the proposed
development or expansion/chanqe of an existinq use (if applicable), the location and
identification of existinq uses in a 500-foot zone for a commercial use application or a
1 OO-foot zone for a residential use application, a listinq of any contaminatinq material to
be used or stored on the site and a Protection-Containment Plan if necessary.
Sec. 24.6~ -1. Same--Review of protection-containment plan.
(1) In reviewing a protection-containment plan submitted by an applicant for a wellhead
protection permit, the following factors shall be considered when determining the
sufficiency of the plan:
(a) The amount aM character and intended use of the contaminating material
involved;
(b) Storage, conveyance and handling techniques to be employed by the applicant;
(c) The extent of any propensity to spill, break, lose or discharge contaminating
material;
(d) The type of containment devices to be employed;
(e) The extent of employee safety training and practices; and
(f) Any other consideration appropriate to the protection of the wellhead.
(2) No wellhead protection permit shall be issued unless the protection-containment
plan and permit application fully addresses all contamination and safety matters to the
satisfaction of the public works enqineerinq director. A wellhead protection permit may
be issued subject to conditions related to the protection of the public potable water
supply.
Sec. 24.66~. Same Permit Denial.
If a wellhead protection permit application is denied, a notice of denial, including the
reasons for such denial, shall be provided to the applicant. The applicant may appeal a
permit denial, or may appeal a condition imposed in conjunction with a permit approval,
within 30 days following receipt of notice of denial or approval by filing a request for
review with the city manager. The request for review shall include, among other things,
a statement of the grounds upon which the applicant seeks review. The city manager
shall conduct a hearing within 45 days of receipt of a request for review. The city
manager's decision regarding the application shall be deemed the final administrative
action of the city, and such review shall be deemed a necessary administrative remedy
prior to seeking judicial relief.
3
Ordinance No. ll8iOO-#7.22
Attachment number 1
Page 4 of 5
Sec. 24.6Le. Same--Sale of property, change of use activity.
(1) A wellhead protection permit shall be nontransferable and nonassignable. A new
wellhead protection permit shall be required whenever the property or business is
conveyed. A new Protection-Containment Plan (if previously required or if required for
new proposed activities) shall be subm itted with the new wellhead protection perm it.
(2) A new wellhead protection permit shall be required whenever there is a chanqe of
use on the property as defined in Section 8-102. of the City of Clearwater Community
Development Code. A new Protection-Containment Plan shall be submitted if required
for the use, handlinq, conveyance or storaqe of contaminatinq material on the property.
the activity on the property is changed such that the use, handling, conveyance or
storage of contaminating materials is different than that described in the protection
containment plan previously permitted.
Sec. 24.6~ +- . Enforcement of article--Inspections.
The enqineerinq public works director shall designate employees within the enqineerinq
department of public works as inspectors for the purpose of enforcing this article. Such
inspectors may inspect the premises of a wellhead protection permit holder during
normal working hours of the permit holder for the purpose of determining compliance
with this article and with any condition imposed in conjunction with the issuance of a
perm it.
Sec. 24.6~ R Same--Revocation of permit.
A failure to comply with any of the requirements of this article or a failure to comply with
any condition imposed upon the issuance of a wellhead protection permit shall
constitute grounds for the revocation of a wellhead protection perm it. The enqineerinq
public works director may revoke a permit by providing notice of revocation to the permit
holder, which notice shall state the reasons for revocation. A revocation shall be subject
to review by the city manager in the same manner as a denial of a permit application,
and such review shall be deemed a necessary administrative remedy prior to seeking
judicial relief.
Sec. 24. 70 W. Same--Violations and penalties.
(1) A failure to obtain a wellhead protection permit by any person required to obtain
such permit, a failure to comply with any of the requirements of this article, or a failure to
comply with any condition imposed upon the issuance of a wellhead protection permit
shall constitute a violation of this article.
(2) Violations of this article shall be subject to punishment by a fine not to exceed
$500.00 per day. The city may take any appropriate enforcement action, pursuant to
Section 1.12 of this Code and Article 7 of the Community Development Code, in any
available judicial or administrative forum to enforce the provisions of this article.
4
Ordinance No. ll8iOO-#7.22
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Attachment number 1
Page 5 of 5
5
Ordinance No. ll8iOO-#7.22
Meeting Date:8/14/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Provide Direction on Proposed Amendments to the Countywide Rules Addressing Temporary Lodging Uses.
SUMMARY:
The Pinellas Planning Council (PPC) and Pinellas County are both proposing amendments to the Countywide Rules that would
increase the allowable density for overnight accommodations throughout the County. These proposals are scheduled for public
hearing at the Countywide Planning Authority (CPA) meeting of August 7,2007. The proposed amendment from the PPC would:
. Provide an alternative density for temporary lodging (hotel) uses that would range between 45 - 125 temporary lodging
units per acre depending on parcel size and future land use category;
. Require temporary lodging uses to comply with both density and floor area ratio (FAR) standards; Require that projects
utilizing the alternative density enter into a Development Agreement with the City, subject to review and recommendation
by the PPC and approval by the CPA;
. Require that projects utilizing the alternative density comply with Design Considerations (to be addressed as part of the
Development Agreement), transportation concurrency management provisions through the submittal of a transportation
analysis, and certain operating characteristics and restrictions for temporary lodging uses;
The amendment from the County has generally the same requirements with two differences:
. It would necessitate that a land use amendment be processed for every hotel that would propose to utilize the increased
density; and
. It does not require that a Development Agreement be entered into between a developer and the City in order to utilize the
increased density.
The Planning Department supports increasing allowable densities for temporary lodging (hotels). It is concerned, however, that
the proposed revisions to the Countywide Rules may not produce the desired outcome of new hotel development on Clearwater
Beach. Of particular concern is the relationship between hotel densities and lot size requirements, the combination of those
densities with Floor Area Ratios (F.A.R.), and the requirement for projects to enter into development agreements that must be
reviewed and approved by the CPA. These concerns are further discussed in the white paper. Further, the Planning Department
would propose an alternative relevant to Clearwater Beach, which is discussed in the paper and for which direction is being sought
from the City Council.
The Planning Department will report the actions of the Countywide Planning Authority at the August 14,2007 Council meeting.
Review Approval: 1) Clerk 2) City Manager 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 23
Attachment number 1
Page 1 of 7
ALTERNATIVEB
ORDINANCE NO.
AN ORDINANCE AMENDING PINELLAS COUNTY ORDINANCE NO. 89-4, AS
AMENDED, THE COUNTYWIDE PLAN ADOPTION ORDINANCE, BY
AMENDING THE "RULES CONCERNING THE ADMINISTRATION OF THE
COUNTYWIDE FUTURE LAND USE PLAN," AS AMENDED; PROVIDING FOR
AMENDMENT OF THE RULES CONCERNING THE ADMINISTRATION OF THE
COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED; PROVIDING FOR
TWO NEW SPECIAL CATEGORIES OF TEMPORARY LODGING MEDIUM AND
TEMPORARY LODGING HIGH WITH A PRIMARY USE OF TEMPORARY
LODGING; PROVIDING FOR TEMPORARY LODGING USE STANDARDS,
DESIGN GUIDELINES, COUNTYWIDE CONCURRENCY MANAGEMENT
INITIATIVE, AND TEMPORARY LODGING USE RESTRICTIONS; PROVIDING
FOR AMENDED DEFINITIONS OF TRANSIENT ACCOMMODA TIONS AND
TOURIST FACILITY; PROVIDING FOR REPLACEMENT OF THE TERM
'TRANSIENT ACCOMMODATION' WITH 'TEMPORARY LODGING'
THROUGHOUT THE COUNTYWIDE RULES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DA TE; AND PROVIDING FOR
MODIFICA TION THA T MA Y ARISE FROM CONSIDERA TION OF THE
ORDINANCE AT PUBLIC HEARING.
WHEREAS, the Board of County Commissioners acting as the Countywide
Planning Authority has adopted a Countywide Comprehensive Plan by adoption of
Ordinance No. 89-4 on January 31, 1989; and
WHEREAS, as part of Ordinance 89-4, the Board also adopted the Rules
Concerning the Administration of the Countywide Future land Use Plan (Countywide
Rules) and subsequently amended said Countywide Rules by Ordinance Nos. 89-66A,
91-5,92-4,92-51,93-112,94-20,94-55,95-78,96-17, 96-32, 96-47, 96-55, 96-87, 97-
71,98-41,99-22,99-76,00-60,01-16,03-23,04-5, 05-49, 06-52, 06-61, and 07-13; and
WHEREAS, the procedures of Chapter 88-464, Law of Florida, as amended, and
the County Charter have been followed by the Pinellas Planning Council and the Board
of County Commissioners acting as the Countywide Planning Authority, concerning this
proposed amendment of the Countywide Rules, as amended; and
WHEREAS, the notice of public hearings and advertisements have been
accomplished as required by Chapter 88-464, Laws of Florida, as amended; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida,
acting in their capacity as the Countywide Planning Authority, desires to amend the
Item # 23
Attachment number 1
Page 2 of 7
Countywide Rules, as amended, for Pinellas County, Florida, as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF PINELLAS COUNTY, FLORIDA:
SECTION 1. Article 2. Countywide Plan Map Classifications and Categories, is
hereby amended by adding two new categories as set forth below. All other portions of
Article 2 not included in this ordinance are preserved and remain as previously set forth
in the Countywide Rules:
2.3.3.5.5 Category/Symbol- Temporary Lodging Medium SPECIAL (TLMS)
Purpose - It is the purpose of this category to depict those areas of the county that are
now developed, or appropriate to be developed, with more intensive medium density
temporary lodging uses and accompanying accessory uses; and to recognize such areas as
well-suited for temporary lodging use consistent with their location, surrounding uses,
public infrastructure and transportation facilities and, when applicable, the natural
resource characteristics of these areas.
Use Characteristics - Those uses appropriate to and consistent with this category include:
. Primary Use - Temporary Lodging
Locational Characteristics - This category is generally appropriate to locations in and
adjacent to the resort areas of the County; in locations where unique recreational and
natural resource assets warrant more intensive temporary lodging use; to locations in and
adjacent to activity centers where surrounding land uses support and are compatible with
more intensive temporary lodging use; and in areas in close proximity to and served by
the arterial and major thoroughfare network, as well as by mass transit.
Traffic Generation Characteristics - Traffic impacts relative to an amendment for this
category shall be calculated based on the density/intensity standards set forth below or on
the density/intensity standards specified in the local government's comprehensive plan
when the local standards are more stringent than the limits found below.
Density/Intensity Standards - Shall include the following:
. Temporary Lodging - See Section 4.2.7.6, the density and intensity standards set
forth in Table 3 therein.
. Non-Residential Use - See Section 4.2.7.6. for the floor area ratio (FAR) and the
impervious surface ratio (ISR)
. Mixed use - Shall not exceed, in combination, the respective number of units per
acre and floor area ratio permitted, when allocated in their respective proportion
to the gross land area of the property.
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Other Standards - Shall include the following:
. The following uses shall be allowed only as accessory uses to the primary
Temporary Lodging use - Tourist Facilities; Office; Personal Service/Office
Support; Commercial Recreation; Institutional; Ancillary Non-Residential;
Recreation/Open Space.
2.3.3.5.6 Category/Symbol- Temporary Lodging High SPECIAL (TLHS)
Purpose - It is the purpose of this category to depict those areas of the county that are
now developed, or appropriate to be developed, with more intensive high density
temporary lodging uses and accompanying accessory uses; and to recognize such areas as
well-suited for temporary lodging use consistent with their location, surrounding uses,
public infrastructure and transportation facilities and, when applicable, the natural
resource characteristics of these areas.
Use Characteristics - Those uses appropriate to and consistent with this category include:
. Primary Use - Temporary Lodging
Locational Characteristics - This category is generally appropriate to locations in and
adjacent to the resort areas of the County; in locations where unique recreational and
natural resource assets warrant more intensive temporary lodging use; to locations in and
adjacent to activity centers where surrounding land uses support and are compatible with
more intensive temporary lodging use; and in areas in close proximity to and served by
the arterial and major thoroughfare network, as well as by mass transit.
Traffic Generation Characteristics - Traffic impacts relative to an amendment for this
category shall be calculated based on the density/intensity standards set forth below or on
the density/intensity standards specified in the local government's comprehensive plan
when the local standards are more stringent than the limits found below.
Density/Intensity Standards - Shall include the following:
. Temporary Lodging Use - See Section 4.2.7.6, the density and intensity
standards set forth in Table 3 therein.
. Non-Residential Use - See Section 4.2.7.6. for the floor area ratio (FAR) and the
impervious surface ratio (ISR) .
. Mixed use - Shall not exceed, in combination, the respective number of units per
acre and floor area ratio permitted, when allocated in their respective proportion
to the gross land area of the property.
Other Standards - Shall include the following:
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. The following uses shall be allowed only as accessory uses to the primary
Temporary Lodging use - Tourist Facilities; Office; Personal Service/Office
Support; Commercial Recreation; Institutional; Ancillary Non-Residential;
Recreation/Open Space.
SECTION 2. Article 4. Plan Criteria and Standards, is hereby amended to add the
following provisions to Section 4.2.7, "Special Rules" as set forth below. All other
portions of Article 4 not included in this ordinance are preserved and remain as
previously set forth in the Countywide Rules:
4.2.7.6 Temporary Lodging Use Standards.
4.2.7.6.1 The densities and intensities set forth in the accompanying Table 3 are
maximums and a local government may adopt a lesser density and intensity
standard.
4.2.7.6.2 The floor area ratios in the accompanying Table 3 apply to the temporary
lodging use, associated parking structures, and uses accessory to temporary
lodging uses (i.e., meeting space, restaurants, spas, clubs, etc.). Intensity
standards governing floor area ratio (FAR) and impervious surface ratio (ISR)
may be varied by the local government with jurisdiction pursuant to the
provisions of Division 6.4 of these Rules.
4.2.7.6.3 Adoption of densities or intensities in Table 3 will require adoption of the
design requirements in Section 4.2.7.6.4; the coordinated approach to
transportation concurrency management in Section 4.2.7.6.5; and the
restrictions for temporary lodging uses in Section 4.2.7.6.6.
Table 3
TEMPORARY LODGING DENSITY AND INTENSITY STANDARDS
Maximum Density/Intensity Standards
Plan Temporary Lodging On Units/Acre FAR ISR
Category Property That Is:
Less Than One Acre 45 1.0 0.85
TLM -S Between One Acre And 60 1.5 0.85
Three Acres
Greater Than Three Acres 75 2.0 0.85
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Less Than One Acre 75 2.0 0.95
TLH-S Between One Acre And 100 3.0 0.95
Three Acres
Greater Than Three Acres 125 4.0 0.95
4.2.7.6.4 Design Guidelines. Local governments electing to utilize the TLM-S category
or the TLH -S category shall adopt design guidelines sufficient to ensure that
appropriate development forms are identified that will result in development
that promotes quality urban design. Such concepts as context-sensitive design,
scale and proportion, and physical matters such as materials, detailing, and
articulation should be included. These guidelines will be locally-determined
consistent with the objectives and characteristics of the adopting community.
4.2.7.6.5 Countywide Concurrency Management Initiative. Local governments
electing to utilize the TLM -S category or the TLH -S category shall adopt the
Metropolitan Planning Organization's countywide approach to the application
of concurrency management for transportation facilities.
4.2.7.6.6 Temporary Lodging Use Restrictions. To ensure that projects authorized by
the provisions of the TLM -S and the TLH -S categories are built, function,
operate, and are occupied exclusively as temporary lodging, local governments
electing to utilize the TLM -S category or the TLH -S category shall adopt, at a
minimum, the following restrictions, which shall apply to temporary lodging
uses within these two categories:
A. No temporary lodging unit shall be occupied as a residential dwelling unit,
and a locally-determined maximum length of stay for any consecutive
period of time shall be established by the local government to ensure that
any temporary lodging use does not function as a residential use.
B. Temporary lodging units shall not qualify or be used for homestead or home
occupation purposes.
C. All temporary lodging units must be included in the inventory of units that
are available within a temporary lodging use.
D. No conversion of temporary lodging units to residential dwelling units shall
be permitted unless the conversion is in compliance with the Countywide
Rules with respect to the permitted residential density and, where
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applicable, the intensity for associated non-residential uses.
E. A temporary lodging use may include accessory uses, such as recreational
facilities, restaurants, bars, personal service uses, retail uses, meeting space,
fitness centers, spa facilities, parking structures, and other uses commonly
associated with temporary lodging uses. All such uses shall be included in
the calculation of allowable floor area ratio.
F. Any license required of a temporary lodging use by the local government,
county, or state agency shall be obtained and kept current.
G. Temporary lodging uses shall be subject to all applicable tourist
development tax collections.
H. A reservation system shall be required as an integral part of the temporary
lodging use and there shall be a lobby/front desk area that must be operated
as a typical lobby/front desk area for temporary lodging would be operated.
I. Temporary lodging uses must have sufficient signage that complies with
local codes and is viewable by the public designating the use as a temporary
lodging use.
1. The books and records pertaining to use of each temporary lodging unit
shall be open for inspection by authorized representatives of the applicable
local government, upon reasonable notice, in order to confirm compliance
with these regulations as allowed by general law.
K. The applicable local government may require affidavits of compliance with
this Section from each temporary lodging use and/or unit owner.
SECTION 3. Article 7. Definitions, is hereby amended by amending three
existing definitions as set forth below. All other portions of Article 7 not included in this
ordinance are preserved and remain as previously set forth in the Countywide Rules:
Temporary Lodging Unit - An individual room, rooms or suite within a temporary
lodging use designed to be occupied as a single unit for temporary occupancy.
Temporary Lodging Use - A facility containing one or more temporary lodging units,
the occupancy of which occurs, or is offered or advertised as being available, for a term
of less than one (1) month, more than three (3) times in any consecutive twelve (12)
month period. In determining whether a property is used as a temporary lodging use,
such determination shall be made without regard to the form of ownership of the property
or unit, or whether the occupant has a direct or indirect ownership interest in the property
or unit; and without regard to whether the right of occupancy arises from a rental
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agreement, other agreement, or the payment of consideration.
Tourist Facility Use - Those facilities and services, such as retail shops, eating and
drinking establishments, meeting space and recreation facilities designed primarily to
serve tourists, visitors and seasonal residents in conjunction with the residential and
temporary lodging uses where provided for in the Resort Facilities categories and the
Temporary Lodging Special categories.
SECTION 4. The term "transient accommodation" wherever it is located within
the Countywide Rules is hereby deleted and replaced with the term "temporary lodging".
SECTION 5. Severability. It is declared to be the intent of the Board of County
Commissioners that, if any section, subsection, sentence, clause, phrase, or provision of
this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality
shall not be construed as to render invalid or unconstitutional the remaining provisions of
this ordinance.
SECTION 6. Filing of Ordinance, Effective Date. Pursuant to Section 125.66,
Florida Statutes, a certified copy of this Ordinance shall be filed with the Department of
State by the Clerk of the Board of County Commissioners within ten (10) days after
enactment by the Board of County Commissioners. This Ordinance shall become
effective upon filing with the Department of State.
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"Alternative A Ordinance"
ORDINANCE NO.
AN ORDINANCE AMENDING PINELLAS COUNTY ORDINANCE NO. 89-4, AS
AMENDED, THE COUNTYWIDE PLAN ADOPTION ORDINANCE, BY AMENDING
TIlE "RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE
FUTURE LAND USE PLAN," AS AMENDED; PROVIDING FOR AMENDMENT OF
THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE
FUTURE LAND USE PLAN, AS AMENDED; PROVIDING FOR ALTERNATIVE
DENSITY AND INTENSITY STANDARDS FOR TEMPORARY LODGING USE;
PROVIDING FOR REQUIREMENTS APPLICABLE TO THE UTILIZATION OF SUCH
ALTERNATIVE DENSITYIINTENSITY STANDARDS, INCLUDING PROVISION FOR
DEVELOPMENT AGREEMENTS; PROVIDING FOR AMENDED DEFINITIONS OF
TRANSIENT ACCOMMODATION UNIT, TRANSIENT ACCOMMODATION USE,
AND TOURIST FACILITY USE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR MODIFICATION THAT MAY
ARISE FROM CONSIDERATION OF THE ORDINANCE AT PUBLIC HEARING.
WHEREAS, the Board of County Commissioners acting as the Countywide Planning
Authority has adopted a Countywide Comprehensive Plan by adoption of Ordinance No. 89-
4 on January 31, 1989; and
WHEREAS, as part of Ordinance 89-4, the Board also adopted the Rules Concerning
the Administration of the Countywide Future Land Use Plan (Countywide Rules) and
subsequently amended said Countywide Rules by Ordinances Nos. 89-66A, 91-5, 92-4, 92-
51,93-112,94-20,94-55,95-78,96-17,96-32,96-47, 96-55, 96-87, 97-71, 98-41, 99-22, 99-
76,00-60,01-16,03-23,04-5,05-49,06-52,06-61 and 07-13; and
WHEREAS, the Pinellas Planning Council, pursuant to Section 5(7)(b), Chapter 88-
464, Laws of Florida, as amended, is authorized to develop rules, standards, policies and
objectives that will implement the Countywide Future Land Use Plan; and
WHEREAS, the Pinellas Planning Council pursuant to Section 1O(4)(a) of Chapter
88-464, Laws of Florida, as amended, is authorized to initiate amendment to a rule, standard,
policy or objective of the Countywide Future Land Use Plan, as determined necessary by the
Council to establish effective countywide planning; and
WHEREAS, after consideration at public hearing, the Pinellas Planning Council has
determined that it is necessary and appropriate, in the interest of supporting a viable tourist
industry and establishing economic parity for temporary lodging uses, to amend the
Countywide Rules with respect to the permitted density and intensity for temporary lodging
uses and the process for the consideration thereof; and
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WHEREAS, the Pinel1as Planning Council, pursuant to Section 10, Paragraph 4 of
Chapter 88-464, Laws of Florida, as amended, has forwarded its recommended action on
amendment of the Countywide Rules, as amended, to the Board of County Commissioners
acting in their capacity as the Countywide Planning Authority, as set forth in PPC Resolution
No. 07-1 dated January 17,2007; and
WHEREAS, the Board of County Commissioners, in their capacity as the
Countywide Planning Authority, considered the Pinellas Planning Council recommendation
as set forth in PPC Resolution No. 07-1 at work sessions on March 22 and May 7, 2007, and
have suggested revisions thereto; and
WHEREAS, the Tourist Development Council and the Pinellas Planning Council
have concurred with revisions to the original Pinellas Planning Council recommendation;
and
WHEREAS, the recommended revisions to the original Pinellas Planning Council
recommendation have been incorporated in this ordinance and the Pinellas Planning Council
support for the revisions incorporated in this ordinance is as set forth in PPC Resolution No.
07-4; and
WHEREAS, the procedures of Chapter 88-464, Laws of Florida, as amended, and the
County Charter have been followed by the Pinellas Planning Council and the Board of
County Commissioners acting as the Countywide Planning Authority, concerning this
proposed amendment of the Countywide Rules, as amended; and
WHEREAS, the notice of public hearings and "advertisements have been
accomplished as required by Chapter 88-464, Laws of Florida, as amended; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, acting
in their capacity as the Countywide Planning Authority, desires to amend the Countywide
Rules, as amended, for Pinellas County, Florida, as set forth herein.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF PINELLAS COUNTY, FLORIDA:
SECTION 1. The portions of Article 2. Countywide Plan Map Classifications and
Categories, are hereby amended as set forth below. All other portions of Article 2 not
included in this ordinance are preserved and remain as previously set forth in the
Countywide Rules.
2.3.3.4.3 Catel!orvISvmbol- ResidentiallOfficelRetail (RIOIR).
Use Characteristics - Those uses appropriate to and consistent with this category include:
· Primary Uses - Residential; Residential Equivalent; Office; Retail Commercial;
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Personal Service/Office Support; CommerciallBusiness Service; Temporary Lodging
· Secondary Uses - Institutional; Transportation/Utility; Ancillary Non-Residential;
Recreation/Open Space; Research/Development; Light Manufacturing/Assembly
(Class A)
Densitv/Intensitv Standards - Shall include the following:
· Residential Use - Shall not exceed eighteen (18) dwelling units per acre.
· Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per
permitted dwelling unit at 18 dwelling units per acre. The standard for the purpose of
establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds
per dwelling unit.
· Temporary Lodging Use - Shall not exceed: (1) thirty (30) units per acre; or (2) in the
alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the
density and intensity standards set forth in Table 3 therein.
· Non-Residential Use - Shall not exceed a floor area ratio (FAR) of .40, nor an
impervious surface ratio (ISR) of .85, except as provided for in Section 4.2.7.6. The
standard for the purpose of establishing relative intensity and potential impacts shall
be aFAR of .24 and an ISR of .65.
· Mixed use - Shall not exceed, in combination, the respective number of units per acre
and floor area ratio permitted, when allocated in their respective proportion to the
gross land area of the property.
2.3.3.4.4 Cate!:orv/Svmbol- Resort Facilities Overlav (RFO).
Use Characteristics - Those uses appropriate to and consistent with this category include:
· Primary Uses - Residential; Temporary Lodging
· Secondary Uses - Residential Equivalent; Institutional; Transportation/Utility;
Ancillary Non-Residential; Recreation/Open Space
Locational Characteristics - This category is generally appropriate to locations where it
would identify existing low to moderately intensive mixed residential and small scale
temporary lodging use in and adjacent to the resort areas of the County; in locations where
unique recreational assets warrant the combination of permanent and temporary
accommodations in close proximity to and served by the arterial and major thoroughfare
network.
Traffic Generation Characteristics - The standard for the purpose of calculating typical
traffic impacts relative to an amendment for this category shall be based upon the underlying
xesidential category, adjusted to account for the temporary lodging ratio, using the
;.'appropriate traffic generation characteristics for temporary lodging use.
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Densitv/Intensitv Standards - Shall include the following:
· Residential Use - Shall not exceed the maximum number of dwelling units per acre
determined by the underlying residential category.
· Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per
permitted dwelling unit at the underlying residential density. The standard for the
purpose of establishing relative intensity and potential impacts shall be the equivalent
of 2.5 beds per dwelling unit.
· Temporary Lodging Use - Shall not exceed: (1) a ratio of 1.67 temporary lodging
units to the permitted number of underlying residential units; or (2) in the alternative,
upon adoption of provisions for compliance with Section 4.2.7.6, the density and
intensity standards set forth in Table 3 therein.
· Non-Residential Use - Shall not exceed the maximum floor area ratio (FAR) nor the
maximum impervious surface ratio (ISR) of the underlying residential category,
except as provided for in Section 4.2.7.6. The standard for the purpose of establishing
relative intensity and potential impacts shall be the FAR and ISR as called for in the
underlying residential category.
. Mixed use - Shall not exceed, in combination, the respective number of units per acre
and floor area ratio permitted, when allocated in their respective proportion to the
gross land area of the property.
2.3.3.4.5 Catef!orv/Svmbol- Resort Facilities Medium (RFM).
Use Characteristics - Those uses appropriate to and consistent with this category include:
. Primary Uses - Residential; Temporary Lodging
. Secondary Uses- Residential Equivalent; Tourist Facilities; Office; Personal
Service/Office Support; Commercial Recreation; Institutional; TransportationlUtility;
Ancillary Non-Residential; Recreation/Open Space
Density/Intensity Standards - Shall include the following:
· Residential Use - Shall not exceed eighteen (18) dwelling units per acre.
. Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per
permitted dwelling unit at 18 dwelling units per acre. The standard for the purpose of
establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds
per dwelling unit.
. Temporary Lodging Use - Shall not exceed: (1) thirty (30) units per acre; or (2) in the
alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the
density and intensity standards set forth in Table 3 therein.
. Non-Residential Use - Shall not exceed a floor area ratio (FAR) of .65, nor an
impervious surface ratio (ISR) of .85, except as provided for in Section 4.2.7.6. The
standard for the purpose of establishing relative intensity and potential impacts shall be
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a FAR of.39 and an ISR of .65.
· Mixed use - Shall not exceed, in combination, the respective number of units per acre
and floor area ratio permitted, when allocated in their respective proportion to the gross
land area of the property.
2.3.3.4.6 Cate2orvlSvmbol- Resort Facilities Hi2h (RFID.
Use Characteristics - Those uses appropriate to and consistent with this category include:
· Primary Uses - Residential; Temporary Lodging
· Secondary Uses - Residential Equivalent; Tourist Facilities; Office; Personal
Service/Office Support; Convention Center; Commercial Recreation; Institutional;
Transportation/Utility; Ancillary Non-Residential; Recreation/Open Space
Density/Intensitv Standards - Shall include the following:
· Residential Use - Shall not exceed thirty (30) dwelling units per acre.
· Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per
permitted dwelling unit at 30 dwelling units per acre. The standard for the purpose of
establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds
per dwelling unit.
· Temporary Lodging Use - Shall not exceed: (1) fifty (50) units per acre; or (2) in the
alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the
density and intensity standards set forth in Table 3 therein.
· Non-Residential Use - Shall not exceed a floor area ratio (FAR) of 1.2, nor an
impervious surface ratio (ISR) of .95, except as provided for in Section 4.2.7.6. The
standard for the purpose of establishing relative intensity and potential impacts shall
be a FAR of .72 and an ISR of .72.
· Mixed use - Shall not exceed, in combination, the respective number of units per acre
and floor area ratio permitted, when allocated in their respective proportion to the
gross land area of the property.
2.3.3.5.2 Cate2orvlSvmhol- Commercial Limited (CL).
Use Characteristics - Those uses appropriate to and consistent with this category include:
· Primary Uses - Office; Personal Service/Office Support; Retail Commercial;
CommerciallBusiness Service; Temporary Lodging
· Secondary Uses- Residential; Residential Equivalent; Commercial Recreation;
Storage/Warehouse (Class A); WholesalelDistribution (Class A); Institutional;
Transportation/Utility; Recreation/Open Space
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Density/Intensity Standards - Shall include the following:
· Residential Use - Shall not exceed eighteen (18) dwelling units per acre.
· Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per
permitted dwelling unit at 18 dwelling units per acre. The standard for the purpose of
establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds
per dwelling unit.
· Temporary Lodging Use - Shall not exceed: (1) thirty (30) units per acre; or (2) in
the alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the
density and intensity standards set forth in Table 3 therein.
· Non-Residential Use - Shall not exceed a floor area ratio (FAR) of .45, nor an
impervious surface ratio (ISR) of .85, except as provided for in Section 4.2.7.6. The
standard for the purpose of establishing relative intensity and potential impacts shall
be a FAR of.27 and an ISR of .65.
· Mixed use - Shall not exceed, in combination, the respective number of units per acre
and floor area ratio permitted, when allocated in their respective proportion to the
gross land area of the property.
2.3.3.5.3 Cateswrv/Svmbol- Commercial Recreation (CR).
Use Characteristics - Those uses appropriate to and consistent with this category include:
· Primary Uses - Commercial Recreation including Waterfront/Marina Facilities;
Sports Stadium; Race TracklPara-mutual Facility
· Secondary Uses- Residential; Residential Equivalent; Office; Personal Service/Office
Support; Retail Commercial; CommerciaIlBusiness Service; Temporary Lodging;
Institutional; TransportationlUtiIity; Recreation/Open Space
Density/Intensity Standards - Shall include the following:
· Residential Use - Shall not exceed twenty-four (24) dwelling units per acre.
· Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per
permitted dwelling unit at 24 dwelling units per acre. The standard for the purpose of
establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds
per dwelling unit.
· Temporary Lodging Use - Shall not exceed: (1) forty (40) units per acre; or (2) in the
alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the
density and intensity standards set forth in Table 3 therein.
· Non-Residential Use - Shall not exceed a floor area ratio (FAR) of .55, nor an
impervious surface ratio (ISR) of .90, except as provided for in Section 4.2.7.6. The
standard for the purpose of establishing relative intensity and potential impacts shall
be a FAR of .33 and an ISR of .68.
· Mixed use - Shall not exceed, in combination, the respective number of units per acre
and floor area ratio permitted, when allocated in their respective proportion to the
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gross land area of the property.
2.3.3.5.4 Cateeorv/Svmbol- Commercial General (CG).
Use Characteristics - Those uses appropriate to and consistent with this category include:
· Primary Uses - Office; Personal Service/Office Support; Retail Commercial;
CommerciallBusiness Service; Temporary Lodging; WholesalelDistribution (Class
A); Storage/Warehouse (Class A)
· Secondary Uses - Commercial Recreation; Residential; Residential Equivalent;
Institutional; Transportation/Utility; Recreation/Open Space; ResearchlDevelopment;
Light Manufacturing!Assembly (Class A)
Density/Intensity Standards - Shall include the following:
· Residential Use - Shall not exceed twenty-four (24) dwelling units per acre.
· Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per
permitted dwelling unit at 24 dwelling units per acre. The standard for the purpose of
establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds
per dwelling unit.
· Temporary Lodging Use - Shall not exceed: (I) forty (40) units per acre; or (2) in the
alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the
density and intensity standards set forth in Table 3 therein.
· Non-Residential Use - Shall not exceed a floor area ratio (FAR) of .55, nor an
impervious surface ratio (ISR) of .90, except as provided for in Section 4.2.7.6. The
standard for the purpose of establishing relative intensity and potential impacts shall
be a FAR of .33 and an ISR of .68.
· Mixed use - Shall not exceed, in combination, the respective number of units per acre
and floor area ratio permitted, when allocated in their respective proportion to the
gross land area of the property.
2.3.3.6.1 Cateeorv/Svmbol- Industrial Limited aLl.
Use Characteristics - Those uses appropriate to and consistent with this category include:
· Primary Uses - Office; Research/Development; Light Manufacturing! Assembly
(Class A) and (Class B); WholesalelDistribution (Class A) and (Class B);
Storage/Warehouse (Class A) and (Class B)
· Secondary Uses - Residential (subject to master development plan approval by the
CPA); Retail Commercial; Personal Service/Office Support; CommerciallBusiness
Service; Commercial Recreation; Temporary Lodging; Institutional;
Transportation/Utility; Recreation/Open Space; Transfer/Recycling
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Density/Intensity Standards - Shall include the following:
· Residential Use - Shall not exceed thirty (30) dwelling units per acre.
· Temporary Lodging Use - Shall not exceed: (1) fifty (50) units per acre; or (2) in the
alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the
density and intensity standards set forth in Table 3 therein.
· All Other Uses - Shall not exceed a floor area ratio (FAR) of .65, nor an impervious
surface ratio (ISR) of .85, except as provided for in Section 4.2.7.6. The standard for
the purpose of establishing relative intensity and potential impacts shall be aFAR of
.39 and an ISR of .65.
Other Standards - Shall include the following:
· Industrial Uses Adjacent to Residential Categories - An appropriate buffer, as
determined by the local jurisdiction except for an industrial/mixed use project
requiring the submission of a master plan as outlined below, shall be provided in and
between the Industrial Limited category and an adjoining Residential classification.
· Acreage Limitations for Non-Industrial Secondary Uses That Are Not Part of a
Master Development Plan - Institutional; Transportation/Utility; Retail Commercial;
Personal Service/Office Support; CommerciallBusiness Service; Commercial
Recreation; Temporary Lodging Uses - shall not exceed a maximum area of five (5)
acres. Any such use, alone or when added to existing contiguous like use(s), which
exceeds this threshold shall require a plan map amendment which shall include such
use and all contiguous like uses. Secondary residential uses are only permitted
pursuant to the requirements set forth for "Projects That Include Residential Use."
Master Development Plan Requirements for IndustriallMixed Use Proiects - Shall include
the following:
· Projects That Do Not Include Residential Use - An industrial/mixed-use project
which comprises not less than fifty (50) acres may include secondary Institutional;
TransportationlUtility; Retail Commercial; Personal Service/Office Support;
CommerciallBusiness Service; Commercial Recreation; and Temporary Lodging uses
subject to the following:
1. The secondary non-industrial uses that are part of a planned industrial/mixed
use project shall be subject to a master development plan, providing for unified
control of the entire project.
2. Such secondary non-residential uses, alone or in combination, shall not
comprise more than 25% of the area of the project governed by the master
development plan.
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Attachment number 2
Page 9 of 14
3. The master development plan required for industrial/mixed use projects that do
not include residential use shall be approved by the local government with
jurisdiction.
4. Where the property included in the master development plan is adjacent to or
within five hundred (500) feet of an adjacent municipal or county jurisdiction,
the master development plan shall be submitted to that adjoining jurisdiction
for review and comment.
SECTION 2. The portions of Article 4. Plan Criteria and Standards, are hereby
amended as set forth below. All other portions of Article 4 not included in this ordinance are
preserved and remain as previously set forth in the Countywide Rules.
Addition of the following provisions to Section 4.2. 7, ~~Special Rules" of the Countywide
Rules:
4.2.7.6
Temporarv Lodi!:ini!: Use Standards.
4.2.7.6.1
Alternative Densitv/Intensitv. Local governments may utilize the standard
temporary lodging densities and intensities specified within each Countywide
Plan Map category that provides for such use; or may, in the alternative, utilize
all, or any part of, the higher temporary lodging densities and associated
intensities included in the accompanying Table 3, subject to the following:
A. Amendment of the local government comprehensive plan and land
development regulations to provide for all, or any portion of, the
alternative densities and intensities in Table 3 based on a Development
Agreement prepared and approved pursuant to Chapter 163, Sections
.3220 -.3243, F.S., as amended.
B. A Development Agreement submitted pursuant to this Section shall have
received preliminary approval by the local government governing body
prior to submission to the PPC, and be approved in final form by the local
government governing body subsequent to and consistent with approval
by the CPA.
C. A Development Agreement submitted by local government under this
Section shall be subject to review and recommendation by the PPC and
approval by the CPA. Any action by the CPA inconsistent with the PPC
recommendation shall be by a majority plus one vote.
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Attachment number 2
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Table 3
TEMPORARY LODGING DENSITY AND INTENSITY STANDARDS
Maximum Density/Intensity Standards
Plan Temporary Lodging Units! Acre FAR ISR
Cate20ry On Property That Is:
Less Than One Acre 45 1.0 0.85
Between One Acre 60 1.5 0.85
RFM And Three Acres
Greater Than Three 75 2.0 0.85
Acres
Less Than One Acre 75 2.0 0.95
Between One Acre 100 3.0 0.95
RFH And Three Acres
Greater Than Three 125 4.0 0.95
Acres
RlO/R 45 1.0 0.85
CL 45 1.0 0.85
CR 60 1.2 0.90
CG 60 1.2 0.90
75
[subject to master
IL No Property Size development plan 1.5 0.85
Limitations requirements in Section
2.3.3.6.1]
Not to exceed a ratio of2.5
temporary lodging units to
RFO the permitted number of 1.2 0.85
residential units in the
underlying Countywide
Plan Map category.
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Attachment number 2
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D. The alternative densities and intensities set forth in Table 3 are
maximums, except as provided for in E. below. A local government may
choose to utilize a density and intensity standard equal to or less than the
alternative density and intensity standard adopted in their comprehensive
plan and land development regulations based on the maximums set forth
in Table 3.
E. Intensity standards governing floor area ratio (FAR) and impervious
surface ratio (ISR) may be varied by the local government with
jurisdiction pursuant to the provisions of Division 6.4 of these Rules. The
FAR's in Table 3 apply to the temporary lodging use, residential
dwelling uses integrated in the same structure with the temporary lodging
use, associated parking structures, and uses accessory to temporary
lodging uses (Le., meeting space, restaurants, spas, clubs, etc.).
F. For development that includes a combination of temporary lodging and
residential dwelling use, each use shall be allowed in proportion to the
size of the property and the permitted density and intensity of the
respective use.
G. A Development Agreement proposing to utilize the higher densities and
intensities identified in Table 3 and authorized by this Section shall
address, at a minimum, the design considerations in Section 4.2.7.6.2, the
transportation concurrency management provisions in Section 4.2.7.6.3
and the restrictions on temporary lodging use in Section 4.2.7.6.4 set forth
following.
4.2.7.6.2 Desil!n Considerations. The purpose of the design considerations is to enable
the local government and the Countywide Planning Authority to authorize the
increased density and intensity provided for in Table 3, subject to a
determination that the project is compatible with the size, location,
configuration and character of the site, its relationship to the Countywide Plan
Map category in which it is located, and to adjoining uses; and that the overall
principles of quality urban design as set forth in Pinellas By Design - An
Economic Development and Redevelopment Plan for Pinellas County are
furthered.
In particular, design considerations applicable to the proposed use shall address
the following in the Development Agreement so as to ensure compatibility in
terms of context-sensitive design, and the scale and placement of the proposed
use so as to achieve a harmonious relationship and fit relative to its location
and surroundings:
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4.2.7.6.3
4.2.7.6.4
Attachment number 2
Page 12 of 14
A. Building scale - including height, width, location, alignment, and spacing.
B. Building design - including elevations, fayade treatment, entrance and
porch or balcony projections, window patterns and roof forms.
C. Site improvements - including building and site coverage, accessory
structures, service and amenity features, walkway and parking areas, open
space, and view corridors.
D. Adjoining property use - including density/intensity, and building
location, setbacks, and height.
Transvortation Concurrency Manae:ement. The purpose of this provision is
to ensure that a proj ect authorized to use the increased density and intensity
provided for in Table 3 is consistent with the Metropolitan Planning
Organization's (MPO) countywide approach to the application of concurrency
management for transportation facilities.
In particular, transportation analysis for the project shall include the following:
A. Recognition of standard data sources as established by the MPO.
B. Identification of level of service (LOS) standards for state and county
roads as established by the MPO.
C. Utilization of proportionate fair share requirements consistent with
Chp. 163, F.S., and the MPO model ordinance.
D. Utilization ofthe MPO Traffic Impact Study Methodology.
E. Recognition of the MPO designation of "Constrained Facilities" as set
forth in the most current MPO Annual Level of Service Report.
Qveratine: Characteristics and Restrictions. The purpose of this provision is
to ensure that a project authorized to use any portion of the increased density
and intensity provided for in Table 3 is built, functions, operates and is
occupied exclusively as temporary lodging.
In particular, temporary lodging uses at the densities/intensities in Table 3 or
any density higher than the standard density provided for such use in each
applicable Countywide Plan Map category, shall comply with the following
restrictions:
A. No temporary lodging unit shall be occupied as a residential dwelling
unit, and a locally-determined maximum length of stay for any
consecutive period of time shall be established by the local government to
ensure that any temporary lodging use does not function as a residential
use.
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Attachment number 2
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B. Temporary lodging units shall not qualify or be used for homestead or
home occupation purposes.
C. All temporary lodging units must be included in the inventory of units
that are available within a temporary lodging use.
D. No conversion of temporary lodging units to residential dwelling
units shall be permitted unless the conversion is in compliance with the
Countywide Rules with respect to the permitted residential density
and, where applicable, the intensity for associated non-residential
uses.
E. A' temporary lodging use may include accessory uses, such as
recreational facilities, restaurants, bars, personal service uses, retail
uses, meeting space, fitness centers, spa facilities, parking structures
and other uses commonly associated with temporary lodging uses. All
such uses shall be included in the calculation of allowable floor area
ratio.
F. Any license required of a temporary lodging use by the local
government, county, or state agency shall be obtained and kept
current.
G. Temporary lodging uses shall be subject to all applicable tourist
development tax. collections.
H. A reservation system shall be required as an integral part of the temporary
lodging use and there shall be a lobby/front desk area that must be
operated as a typical lobby/front desk area for temporary lodging
would be operated.
I. Temporary lodging uses must have sufficient signage that complies with
local codes and is viewable by the public designating the use as a
temporary lodging use.
1. The books and records pertaining to use of each temporary lodging
unit shall be open for inspection by authorized representatives of the
applicable local government, upon reasonable notice, in order to
confIrm compliance with these regulations as allowed by general law.
K. The applicable local government may require affidavits of compliance
with this Section from each temporary lodging use and/or unit owner.
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Attachment number 2
Page 14 of 14
SECTION 3. The portions of Article 7. Definitions, are hereby amended as set forth
below. All other portions of Article 7 not included in this ordinance are preserved and
remain as previously set forth in the Countywide Rules.
Amendment of the definitions in Article 7 of the Countywide Rules asfollows:
Temporarv Lod!!in!! Unit - An individual room, rooms or suite within a temporary lodging
use designed to be occupied as a single unit for temporary occupancy.
Temporary Lod!!in!! Use - A facility containing one or more temporary lodging uriits, the
occupancy of which occurs, or is offered or advertised as being available, for a term of less
than one (I) month, more than three (3) times in any consecutive twelve (12) month period.
In determining whether a property is used as a temporaiy lodging use, such determination
shall be made without regard to the form of ownership of the property or unit, or whether the
occupant has a direct or indirect ownership interest in the property or unit; and without
regard to whether the right of occupancy arises from a rental agreement, other agreement, or
the payment of consideration.
Tourist Facility Use - Those facilities and services, such as retail shops, eating and drinking
establishments, meeting space and recreation facilities designed primarily to serve tourist,
visitors, and seasonal residents in conjunction with the residential and temporary lodging
uses where provided for in the Resort Facilities categories.
SECTION 4. Severability. It is declared to be the intent of the Board of County
Commissioners that if any section, subsection, sentence, clause, phrase, or provision of this
ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not
be construed as to render invalid or; unconstitutional the remaining provisions of this
ordinance.
SECTION 5. Filing of Ordinance; Effective Date. Pursuant to Section 125.66,
Florida Statutes, a certified copy of this Ordinance shall be filed with the Department of
State by the Clerk of the Board of County Commissioners within ten (10) days after
enactment by the Board of County Commissioners. This Ordinance shall become effective
upon filing with the Department of State.
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Attachment number 3
Page 1 of 11
Item # 23
Attachment number 3
Page 2 of 11
1.0 Backg round ....................................................................................................... 3
2.0 Creating Economic Parity .................................................................................. 3
3.0 The Pinellas Planning Council (PPC) Proposal...................................................4
4.0 The County Proposal ....................................................... .................................. 9
5.0 Recommendation............................................................................................... 9
Acknowledgments ....................................................................................................... 11
An Analysis and Proposal tor Increased Overnight Accommodation Density on Clearwater Beach
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In 2001, the City of Clearwater adopted Beach by Design: A Preliminary Design for Clearwater
Beach and Design Guidelines. This special area plan set forth a series of strategies to revitalize
Clearwater Beach and established eight character districts to regulate land uses and the scale of
development. Subsequent to its adoption, the Plan has been amended to address height and
massing concerns within the Old Florida District, and to refine the Marina Residential District
vision balancing development incentives with the provision of public benefits and amenities.
At the time Beach by Design was adopted, it was recognized that existing densities and property
acquisition costs already limited the opportunity for new resort development, and that existing
"destination resorts" lacked many of the amenities that were available at better hotels in other
markets with which Clearwater Beach competed. To overcome these constraints and attract a
small number of catalytic "destination resorts" to Clearwater Beach, Beach by Design established
a limited pool of 600 additional hotel rooms that would be available at one or more sites within
designated priority redevelopment areas. To date, 598 of those additional hotel rooms have been
allocated within three projects: Sandpearl (141 rooms), Hyatt/Aqualea (207 rooms), and Kiran
Grande (250 rooms).
While the catalytic "destination resorts" envisioned by the Plan appear to be coming to fruition,
Clearwater Beach lost numerous small and mid-price hotel rooms over the past few years to a
thriving condominium market. These losses have been so great that they are outweighed by the
number of rooms being brought to Clearwater Beach by the "destination resorts".
In a study prepared for the City of St. Pete Beach, Owen Beitsch, Ph.D., AICP, CRE, Executive
Vice President, Real Estate Research Consultants, examined the economic forces impacting
hotel/resort development with specific attention paid to competition between the hotel and
condominium markets. The study examined typical land costs necessary for full service hotels on
a per room basis and compared them to actual per room land costs in select markets such as
Baltimore, San Antonio, Princeton and Fredericksburg, VA, as well as to actual per room land
costs in the Pinellas County market. As noted in Table 2.1 below, those select markets require a
much greater density in order to make up the per room land costs in those select markets.
Pinellas County, however, was found to be on par with the industry standard.
TABLE 2.1 - HOTEL DENSITY TO HOTEL LAND COST COMPARISON
Per Room Land Cost Density at $1,000,000 per Acre
Industry Standard $10,200 - $42,000 23.80 - 98.03
Select Markets $6,037 - $20,704 48.29 - 165.64
Pinellas County (Hotel) $10,518 - $48,493 20.45 - 95.07
Source: Hotels and Condominiums: Costs, Values and Entitlements, October 2006
While Pinellas County may be on par with the industry standard, a closer look reveals that the
allowable density on Clearwater Beach (50 units per acre) falls well short of the top end of the
industry standard.
An Analysis and Proposal tor Increased Overnight Accommodation Density on Clearwater Beach
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The problem as to why hotels on Clearwater Beach have been abandoned in favor of
condominium development only begins to become apparent when hotel land costs are compared
against land costs per condominium unit [Table 2.2].
TABLE 2.2 - HOTEL DENSITy/LAND COST TO CONDOMINIUM DENSITy/LAND COST COMPARISON
Per Room Land Cost Density at $1,000,000 per Acre
Industry Standard $10,200 - $42,000 23.80 - 98.03
Select Markets $6,037 - $20,704 48.29 - 165.64
Pinellas County (Hotel) $10,518 - $48,493 20.45 - 95.07
Pinellas County (Condominium) $60,100 - $297,200 3.36 - 16.63
Source: Hotels and Condominiums: Costs, Values and Entitlements, October 2006
What becomes evident is that a one-acre property purchased for $1,000,000 for condominium
development requires a much lower density and provides a much greater return on investment
than does the same property purchased for the same price, but for a hotel development. The
return on investment for a condominium is also immediate, whereas a hotel returns its investment
slowly over a longer period of time.
While the condominium market is no longer as strong as it has been in the past few years, the past
demand for condominium product has driven land value so disproportionately high that no other
use can economically compete under the current comprehensive plan and land development
regulations. Pending further analysis, it appears that current land valuations and caps on
densities, in tandem with existing operations that generate adequate revenues, pose a situation
where land costs make new hotel development potentially prohibitive absent some focused
intervention to bring values more in line with those needed to support new development. In short,
if the existing hotel stock on Clearwater Beach is to be revitalized, then densities that invite
reinvestment are needed.
According to the information contained within Dr. Beitsch's study, condominium development
can support on average a land value of $172,800 per unit, whereas hotel development can support
$23,600 per unit on average. Based upon these figures, the study concludes that hotels need
roughly 5.5 to 7.5 units per condominium unit in order to compete with potential condominium
development in terms of economic viability.
In an attempt to address the countywide losses in hotel rooms the Pinellas Planning Council
(PPC) has proposed an amendment to the Countywide Rules to provide incentives for the
redevelopment of existing hotels and the development of new hotels [copy attached with the
heading " Alternative A Ordinance"]. This amendment, as its title states, would provide for
alternative density and intensity standards for temporary lodging (hotel) uses as well as
establishing requirements that must be met in order to utilize those alternative densities and
intensities.
As the proposed amendment states, local governments may utilize the standard densities and
intensities that exist within each Countywide Plan Map category, or may, in the alternative,
An Analysis and Proposal tor Increased Overnight Accommodation Density on Clearwater Beach
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Attachment number 3
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utilize all, or any part of, the higher densities and associated intensities set forth by the
amendment [Table 3.1].
TABLE 3.1 - DENSITY AND F.A.R PROPOSED BY THE PPC
Maximum Density/Intensity Standards
Plan Temporary Lodging on Property That is: Units / Acre FAR ISR
Category A
RFH Less Than One-Acre 75 2.0 0.95
Between One-Acre and Thee-Acres 100 3.0 0.95
Greater Than Three-Acres 125 4.0 0.95
R/OIR No Property Size Limitations 45 1.0 0.85
CL No Property Size Limitations 45 1.0 0.85
CG No Property Size Limitations 60 1.2 0.90
IL No Property Size Limitations 75B 1.5 0.85
A List includes only those categories found in the City of Clearwater Comprehensive Plan
B Subject to Master Development Plan requirements in Section 2.3.3.6.1 of the Countywide Plan
Source: Pinellas Planning Council
Should the City decide to adopt any or all of the alternative density and intensity standards made
available by this amendment, each project that would utilize any part of those alternatives would
be required to do the following:
o Enter into a Development Agreement with the City of Clearwater, which would be subject to
review and recommendation by the PPC and approval by the Countywide Planning Agency
(CPA);
o Comply with Design Considerations (to be addressed as part of the Development Agreement)
with regard to:
A. Building Scale: including height, width, location, alignment and spacing;
B. Building Design: including elevations, fa9ade treatment, entrance and porch or
balcony projections, window patterns and roof forms;
C. Site Improvements: including building and site coverage, accessory structures,
service and amenity features, walkway and parking areas, open space and view
corridors; and
D. Adjoining Property Use: including density/intensity, building location, setbacks and
height.
o Comply with Transportation Concurrency Management through the proVISIOn of a
transportation analysis covering:
A. Recognition of standard data sources as established by the Metropolitan Planning
Organization (MPO);
B. Identification of level of service (LOS) standards for state and county roads as
established by the MPO;
C. Utilization of proportionate fair share requirements consistent with Chapter 163, F.S.,
and the MPO;
D. Utilization of the MPO Traffic Impact Study Methodology; and
E. Recognition of the MPO designation of "Constrained Facilities" as set forth in the
most current MPO Annual Level of Service Report.
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o Comply with the following Operating Characteristics and Restrictions on temporary lodging
uses (hotels):
A. No temporary lodging unit shall be occupied as a residential dwelling unit, and a
locally-determined maximum length of stay for any consecutive period of time shall
be established by the local government to ensure that any temporary lodging use does
not function as a residential use;
B. Temporary lodging units shall not qualify or be used for homestead or home
occupation purposes;
C. All temporary lodging units must be included in the inventory of units that are
available within a temporary lodging use;
D. No conversion of temporary lodging units to residential dwelling units shall be
permitted unless the conversion is in compliance with the Countywide Rules with
respect to the permitted residential density and, where applicable, the intensity for
associated non-residential uses;
E. A temporary lodging use may include accessory uses such as recreational facilities,
restaurants, bars, personal service uses, retail uses, meeting space, fitness centers, spa
facilities, parking structures and other uses commonly associated with temporary
lodging uses. All such uses shall be included in the calculation of allowable floor
area ratio.
F. Any license required of a temporary lodging use by the local government, county, or
state agency shall be obtained and kept current;
G. Temporary lodging uses shall be subject to all applicable tourist development tax
collections;
H. A reservation system shall be required as an integral part of the temporary lodging
use and there shall be a lobby/front desk area that must be operated as a typical
lobby/front desk area for temporary lodging use would be operated;
I. Temporary lodging uses must have sufficient signage that complies with local codes
and is viewable by the public designating the use as a temporary lodging use;
J. The books and records pertaining to use of each temporary lodging unit shall be open
for inspection by authorized representatives of the applicable local government, upon
reasonable notice, in order to confirm compliance with these regulations as allowed
by general law; and
K. The applicable local government may require affidavits of compliance with this
Section from each temporary lodging use and/or unit owner.
Following a review of the PPC proposal, several issues were identified by the Planning
Department that would likely limit or otherwise constrict hotel development on Clearwater Beach
should the proposal be adopted by the City. These issues involve the proposed hotel densities and
lot size requirements, the combination of those densities with Floor Area Ratios (F.A.R.), and the
requirement for projects to enter into development agreements that must be reviewed and
approved by the CPA.
The proposed amendments are derived from Pinellas By Design, and specifically from a list of
follow-up actions devised by the County to assist in the implementation of this redevelopment
plan. The specific action was to "analyze the transient accommodation to residential density ratio
to encourage tourist resort facilities." Thus, following the analysis, the goal has become to attract
those resort style hotel developments to Pinellas County.
An Analysis and Proposal tor Increased Overnight Accommodation Density on Clearwater Beachg
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The City of Clearwater has, however, already developed and enacted a strategy to accomplish this
goal through Beach by Design. As previously discussed, Beach by Design, in an effort to
overcome economic and density constraints and attract a small number of catalytic "destination
resorts" to Clearwater Beach, established a limited pool of 600 additional hotel rooms that would
be available at one or more sites within designated priority redevelopment areas. To date, 598 of
those additional hotel rooms have been allocated within three projects: Sandpearl (141 rooms),
Hyatt/Aqualea (207 rooms), and Kiran Grande (250 rooms).
With these catalytic "destination resorts" envisioned through Beach by Design coming to fruition,
the loss of numerous small and mid-price hotels rooms over the past few years has become the
greatest issue for Clearwater Beach. As such, Clearwater's goal for hotel development on the
beach is very different from the goal of the PPC for hotel development in Pinellas County.
The maj ority of Clearwater Beach has an underlying Future Land Use Map designation of Resort
Facilities High (RFH), which, by virtue of the PPC proposal would have its maximum allowable
density increased from 50 units per acre to one of either 75, 100 or 125 units per acre dependant
upon the size of the parcel. Given the urban nature of Clearwater Beach as well as the extent to
which the existing parcels of land are configured or "broken-up", the assemblage of a parcel of
land large enough to meet the top end of the proposed density threshold (three acres) is very
unlikely. On average, between three and five separate parcels would need to be acquired to
amass one acre of land, and at least ten parcels would need to be acquired to amass three acres of
land, and in most scenarios some segment of those ten parcels would be separated from the
balance by a right-of-way; thereby making the development of a hotel difficult at best. The
proposal becomes even more daunting when the current cost of land is added to the equation.
As discussed previously, the economic parity study conducted by Dr. Beitsch concluded that
hotels would need a density roughly 5.5 to 7.5 times greater than condominiums. With
condominiums currently having rights at 30 units per acre, hotels would need between 165 and
225 units per acre in order to have economic parity. The PPC proposal, at its maximum density
of 125 units per three acres, does not achieve the objective of putting hotels on an even playing
field with condominiums.
In addition to establishing new maximum densities for hotel development based upon the
underlying size of the land, the PPC proposal would also establish intensity standards - more
commonly identified as a Floor Area Ratio (F.A.R.). The proposed F.A.R. would apply to the
hotel use, residential dwelling uses integrated into the same structure, recreational facilities,
restaurants, bars, personal service uses, retail uses, meeting spaces, fitness centers, spa facilities,
parking structures, and other uses commonly associated with hotels.
Regulating the number of rooms within a hotel is typically done through the use of a maximum
allowable density or by F.A.R.; however the utilization of both is very unusual and will not
accomplish the intended encouragement of hotel development in the County. Additionally, this
would be the only use that would be regulated in such a manner throughout the County.
In some municipalities and/or counties, the number of hotel units is controlled by a maximum
building height, parking requirements and perhaps a minimum unit size; thus allowing as many
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units as can be fit into the building envelope as long as adequate parking is provided. Other
municipalities and/or counties, add a further level of control such as a maximum allowable
density or an F.A.R., but typically not both. It is believed that the PPC has incorporated both of
these levels of regulation into the proposal as a means of controlling the mass of the building.
However, as previously stated, the use of multiple levels of control may only result in
discouraging hotel development in the County, and local regulations pertaining to building height,
landscaping, design guidelines, etc., should accomplish the same end.
A brief analysis was conducted of the Density/F.A.R. proposal, the goal of which was to identify
the amount of land necessary to accommodate a 130-room hotel. With density being the only
determining factor, a parcel size of 1.3 acres would be necessary. However, since both the floor
area associated with the hotel use and the required off-street parking for the hotel must be
included in an F.A.R calculation for a hotel, a larger parcel size would be necessary. According
to the Planning Departments calculations, the parcel would need to be approximately 2.4 acres. It
is noted that this calculation includes only the actual hotel and its associated required parking for
130 rooms, and not any excess parking, restaurants, bars, retail shops, recreational facilities, etc.
The inclusion of any of these other uses typically found at hotels would require that even more
additional land would need to be purchased.
If the PPC proposal were to be adopted by the City, then any development proposal seeking to
utilize those densities made available through the proposal would be required to enter into a
Development Agreement. The Agreement would first require preliminary approval by the City.
The Agreement would then be required to be submitted to the PPC for review and
recommendation and then need to be approved by the Countywide Planning Authority (CPA).
Following the approval of the CPA (assuming the CPA approves the Agreement) the Agreement
could then by approved in its final form by the City so long as it is consistent with the approval of
the CPA.
It is also noted that the Development Agreement would be required to address, at a minimum, the
Design Considerations, Transportation Concurrency Management provisions, and the Operating
Characteristics and Restrictions of hotels as set forth in the proposed amendment. For the most
part, the proposed Operating Characteristics and Restrictions are already required in some form or
another by the City, or would be a new provision that is generally in keeping with those existing
provisions, and are not objectionable. Similarly, the requirements for Transportation
Concurrency Management should help to create a consistency throughout the county and would
not seem objectionable. The Design Considerations, however, would exist as a second tier of
design guidelines on Clearwater Beach (the first being those already in existence via Beach by
Design) and as they would be part of the Development Agreement being reviewed and approved
by both the PPC and the CPA, would take a tremendous amount of architectural and planning
control away from the City in favor of county agencies. It is further noted that the amendment,
while establishing these design guidelines, includes no specific criteria through which the CPA
would use in making their decisions in regard to design.
Further, by requiring developers to enter into Development Agreements the PPC proposal would
seem to be establishing an additional layer of "red tape" for development that may only act as a
disincentive or deterrent to hotel development.
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The Countywide Planning Authority (CPA) is scheduled to hold a public hearing in consideration
of the proposed amendments to the Countywide Rules on August 7,2007.
In addition to the proposal being put forth by the PPC, the County has proposed their own
alternative to address the issue of creating economic parity between hotels and condominiums
[copy attached with the heading "Alternative B"]. This proposal will be heard by the CPA at the
same public hearing as the PPC proposal on August 7,2007. It should be noted that it is highly
unusual to have two competing proposals being heard at the same public hearing. It is further
noted that the PPC has passed a resolution in support of their proposal, and does not support the
alternative being proposed by the County.
A review of the County proposal reveals that it is very similar to the PPC proposal with two
differences. While the County proposal would allow for the same densities and require the same
F.A.R's as the PPC proposal, it would necessitate that a land use amendment be processed for
every hotel that would propose to make use of the increased density. This is due to the County's
proposal not using any existing Future Land Use category, but instead using two newly created
categories: Temporary Lodging Medium SPECIAL (TLMS) and Temporary Lodging High
SPECIAL (TLHS). The result of applying a land use category for one particular will be spot
planning.
The County proposal also differs from the PPC proposal in that it does not require that a
Development Agreement be entered into between a developer and the City in order to utilize the
increased density for hotels. Outside of these differences, the two proposals are essentially the
same; and therefore have essentially the same problems.
The County proposal is still aimed at encouraging tourist resort facilities, which is not in keeping
with Clearwater Beach's need to attract mid-rise/mid-price hotels. Further, the proposal still has
the same flaws of proposing hotel densities that do not address the primary issue of creating
economic parity between hotels and condominiums, of combining maximum hotel densities with
minimum lot sizes, and of combining those maximum hotel densities with Floor Area Ratios
(F.A.R.).
Currently the maximum allowable density for hotels is 50 units per acre on Clearwater Beach,
and 30 units per acre for condominiums. Therefore, based upon the findings of Dr. Beitsch's
study, if hotels are to be economically viable as a realistic development alternative to
condominiums, density will need to be between 150 and 210 units per acre compared to the 30
units per acre for condominiums. As previously stated, the amendments to the Countywide Rules
proposed by the PPC and the County do not adequately address the issue of creating an economic
parity between hotel and condominium development, and the manner in which these proposals
would address hotel density are geared more toward encouraging tourist resorts and not the mid-
rise/mid-price hotels that Clearwater Beach lacks. Therefore, the Planning Department for the
City of Clearwater recommends the following:
An Analysis and Proposal tor Increased Overnight Accommodation Density on Clearwater Beach
p~ETht#123
Attachment number 3
Page 10 of 11
o Establish a density for hotels at 150 - 210 units per acre. This density would be available
only to those properties located within the Beach by Design special area plan, but not to those
properties that have made use of the density pool established by the Plan; and
o Adopt whichever of the two amendments to the Countywide Rules proposed by the PPC and
the County is approved by the CPA, but adopt the amendment only for those properties not
located within the Beach by Design special area plan.
The City should proceed forward with implementing those changes to Beach by Design as
recommended above as soon as possible. Should the CPA adopt one of the proposed
amendments to the Countywide Rules then the City should proceed forward with its adoption at
that time.
The implementation of those recommendations noted above (as well as those proposed by the
PPC and the County) would require the approval of a Large Scale Amendment to the
Comprehensive Plan by the State, an amendment to Beach by Design, and very likely an
amendment to the Community Development Code. It is noted that before these changes could be
implemented, several key issues and concerns must be addressed. Those issues and concerns
include the following:
o The regulation of the massing and scale of those hotels that could be constructed under the
proposed densities;
o The provision of an adequate Level of Service (LOS) for water and sewer, based upon the
increased density;
o The provision of an adequate LOS for transportation, based upon the increased density;
o The ability to evacuate those additional tourists from Clearwater Beach if/when necessary;
o Public/private parking partnerships; and
o Whether or not the Department of Community Affairs (DCA) would support the increased
density on Clearwater Beach.
As stated above, the recommendations of staff would require the processing and approval of a
Large Scale Amendment to the Comprehensive Plan. The State allows for only two such
amendments to be processed over the course of a calendar year. Therefore, in order to allow for
adequate time in which to process two such amendment cycles during the upcoming 2008
calendar year, the amendment recommended by the Planning Department would need to be
submitted to the State in March 2008. Accordingly, the proposal would need to be before the
Community Development Board (CDB) for recommendation no later than the February 2008
meeting with the proposal then being scheduled for public hearing at the City Council at its first
meeting in March 2008.
An Analysis and Proposal tor Increased Overnight Accommodation Density on Clearwater Beach
p~rm JA 23
o City of St. Pete Beach - A Master Plan for the Resort/Commercial Districts
Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., et al
August 2003
o City of St. Pete Beach Redevelopment Study Area - Finding of Necessity Report
Real Estate Research Consultants
May 2005
o Hotels and Condominiums: Costs, Values and Entitlements
Dr. Owen Beitsch, Real Estate Research Consultants
October 2006
Prepared by: Robert G. Tefft, Planner 111
City of Clearwater Planning Department
An Analysis and Proposal tor Increased Overnight Accommodation Density on Clearwater Beach
Attachment number 3
Page 11 of 11
p~IDDJAi23
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date:8/14/2007
Review Approval: 1) Clerk
Cover Memo
Item # 24
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
City Council Agenda
Council Chambers - City Hall
Meeting Date:8/14/2007
Review Approval: 1) Clerk
Cover Memo
Item # 25