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10/29/2018Monday, October 29, 2018 9:00 AM City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Council Chambers Council Work Session Work Session Agenda October 29, 2018Council Work Session Work Session Agenda 1. Call to Order 2. Presentations Visiting Students from Denmark2.1 3. Economic Development and Housing Authorize the partial reimbursement to the United States Department of Housing and Urban Development (HUD) of $130,000 for Fiscal Year 2000 Economic Development Initiative-Special Project Grant for the City of Clearwater, Number B-00-SP-FL-0088. (consent) 3.1 Authorize purchase orders to Rock Solid Home Inspections of Tampa, LLC, and NOVA Engineering and Environmental, LLC, both of Tampa, FL, for building inspections, reporting, and construction management services, in the annual amount of $30,000 per vendor, for a one-year term with three annual renewal options at the City’s discretion and authorize the appropriate officials to execute same. (consent) 3.2 4. Human Resources Approve a purchase order in the amount of $840,000 to Unum Life Insurance Company of America for the period January 2019 through December 2020 for city paid life insurance and Long-Term Disability benefit and authorize the appropriate officials to execute same. (consent) 4.1 5. Police Department Accept a Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program grant, to update the Police Department’s Naloxone (Narcan) supply in the valued amount of $20,416 and authorize the appropriate officials to execute same. (consent) 5.1 Accept a 2016-2017 Edward Byrne Memorial Justice Assistance Grant in the amount of $15,849 for a Mental Health Check Team Pilot program and authorize the appropriate officials to execute same. (consent) 5.2 6. Engineering Declare surplus for the purpose of sale, through Invitation to Bid 01-19, Surplus Property-Engman Street, real property located at Greenwood Park No 2, Block D Lot 66; whereby the successful bidder will assemble the parcel with existing property creating a functional piece of property for use. 6.1 Approve assignment of the name Mulberry Alley to this previously unnamed alley and adopt Resolution 18-19. 6.2 Page 2 City of Clearwater Printed on 10/25/2018 October 29, 2018Council Work Session Work Session Agenda Approve the request from the owner of adjoining property to vacate a 50-foot Right of Way of East Avenue that abuts their property and pass Ordinance 9147-18 on first reading. (VAC2018-06) 6.3 Accept a Sidewalk Easement over a portion of Lot 2, Block 2, of C.E. Jackson’s Subdivision (902 Engman Street), conveyed to the City by the Property Owner and authorize the appropriate officials to execute same. (consent) 6.4 Accept a Sidewalk Easement over a portion of Lot 2, Block J Fairmont Subdivision (1159 Russell Street), conveyed to the City by the Property Owner, and authorize the appropriate officials to execute same. (consent) 6.5 Approve a Deed Modification for certain real property located at 41 Devon Dr., legally described as Lot 1, less the West 110 feet thereof, Block B, Columbia Subdivision, extending the time-period to commence construction until August 26, 2020 and authorize the appropriate officials to execute same. (consent) 6.6 Award a construction contract to GHD Services, Inc., of Tampa, FL, in the amount of $960,575.83 for the Marshall Street Digester Demolition (09-0024-UT); approve Engineer of Record (EOR) Supplemental one Work Order from King Engineering in the amount of $52,192; and authorize the appropriate officials to execute same. (consent) 6.7 7. Information Technology Approve a contract to Sun Print Management of Tampa, FL in the annual amount of $160,000.00 for printer hardware, supplies, and enterprise maintenance services for the period November 1, 2018 through October 31, 2019 with two one-year renewals in the same amount at the City’s option, in accordance with Code of Ordinances Section 2.564(1)(d) Other Government Bid; increase current term Contract 900094 (ending October 31, 2018) with Sun Print Management by $9,500 for a new total of $134,500.00 and authorize the appropriate officials to execute same. (consent) 7.1 8. Official Records and Legislative Services Approve the 2019 City Council Meeting Schedule.8.1 Appoint two members to the Brownfields Advisory Board, Leedrilla Jenkins as the Resident representative and Mark T. Parry as the Government representative with terms to expire November 30, 2022. (consent) 8.2 Appoint two members to the Municipal Code Enforcement Board with terms to expire October 31, 2021. 8.3 Page 3 City of Clearwater Printed on 10/25/2018 October 29, 2018Council Work Session Work Session Agenda 9. Legal Adopt Ordinance 9161-18 on second reading, amending the Community Development Code Appendix B, US 19 Zoning District relating to self-storage warehouses. 9.1 Adopt Ordinance 9189-18 on second reading, amending the Community Development Code by repealing and replacing Chapter 51, Flood Damage Prevention; amending Chapter 47 to adopt local administrative and technical amendments to the Florida Building Code related to flood damage prevention. 9.2 Withdrawn: Adopt Ordinance 9150-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use for certain real property whose post office address is 1510 Barry Road, Clearwater, Florida, from Residential/Office General (R/OG) and Residential Urban (RU) to Institutional (I). 9.3 Withdrawn: Adopt Ordinance 9151-18 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1510 Barry Road, Clearwater, Florida, from Office (O) and Low Medium Density Residential (LMDR) to Institutional (I). 9.4 10. City Manager Verbal Reports Nagano 2019 Trip Dates10.1 11. City Attorney Verbal Reports 12. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 13. Closing Comments by Mayor 14. Adjourn 15. Presentation(s) for Council Meeting PSTA TRAC Star Award, Gloria Lepik Corrigan15.1 October Employee of the Month15.2 Page 4 City of Clearwater Printed on 10/25/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5330 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Council Work Session Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Visiting Students from Denmark SUMMARY: 17 Students Eleven girls: Maria Hansen Line Hansen Isabella Hanberg Amalie Skoett Josefine Ly Victoria Simson Caroline Poulsen Emily Flament Kraka Hansen Thea Pedersen Sofie Michaelsen Six boys: Faisal Sharifi Daniil Kovalev Mads Niesen Kasper Olesen Andreas Bobjerg Samuel Pedersen Teachers: Anne Odgaard Dorte Dahl Joergen Hoier Page 1 City of Clearwater Printed on 10/25/2018 File Number: ID#18-5330 Page 2 City of Clearwater Printed on 10/25/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5309 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Authorize the partial reimbursement to the United States Department of Housing and Urban Development (HUD) of $130,000 for Fiscal Year 2000 Economic Development Initiative-Special Project Grant for the City of Clearwater, Number B-00-SP-FL-0088. (consent) SUMMARY: In 2000, the City procured a Fiscal Year 2000 Economic Development Initiative-Special Project Grant, Number B-00-SP-FL-0088 issued by the United States Department of Housing and Urban Development (HUD). The total grant amount was $1,295,000 and was used to purchase property for the purpose of constructing a regional stormwater pond. The project is complete, and Prospect Lake now serves as a significant stormwater feature in the downtown area. The City was able to complete the project on less land than originally expected resulting in excess land encumbered by grant restrictions. To use this land for redevelopment, the respective prorated portion of the grant needs to be reimbursed to HUD. In 2014, the City reimbursed a portion of the grant to allow land to be used for the construction of the Nolen Apartment Complex. There is one remaining portion of excess land subject to grant restrictions. The property lies on the southwest corner of Park Street and S Prospect Avenue and is 18,100 square feet. The HUD grant represented 50% of the original acquisition cost. To reimburse the grant, the City must pay to HUD 50% of the current market value of the property. An appraisal was performed on the property by James Millspaugh and Associates, Inc. The appraised value was $260,000 with a valuation date of June 7, 2018. This results in a reimbursement amount of $130,000. HUD guidelines for calculating the initial reimbursement in 2014 allowed for the deduction of expenses associated with preparing the land for sale to the developer. City staff documented $47,225.32 in deductions; however, they were not applied to the initial reimbursement. HUD has agreed to apply those deductions to the forthcoming reimbursement. This reduces the $130,000 reimbursement to a net expenditure of $82,774.68. At a later date, staff intends to recommend to the City Council and the Board of Trustees of the City of Clearwater Community Redevelopment Agency (CRA) approval of a proposal whereby the CRA purchases the property from the City. The CRA will then be free to seek redevelopment opportunities for the site. APPROPRIATION CODE AND AMOUNT: $130,000 is available in cost code 419-01365-580000, Payment to Agencies. USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/25/2018 File Number: ID#18-5309 N/A Page 2 City of Clearwater Printed on 10/25/2018 U.S.DEPARTMENTOFHOUSINGANDURBANDEVELOPMENTWASHINGTON,DC20410-1000August28,2018Mr.CharlesLaneAssistantDirectorCityofClearwater112SouthOsceolaAvenueClearwater,FL33756RE:FY2000EconomicDevelopmentInitiative-SpecialProjectgrantforCityofClearwater,numberB-00-SP-FL-0088:DispositionofRealPropertythroughRetentionofTitleDearMr.Lane:Thisletterisafollow-uptothetelephoneconferencecallbetweentheDepartmentofHousingandUrbanDevelopmenttHUD)andtheCityofClearwaterFlorida(thegrantee)regardingthegrantee’srequestfordispositioninstructionsforrealpropertyacquiredwithEconomicDevelopmentInitiative-SpecialProject(EDI-SP)grantfunds.Specifically,yourequestedthattheDepartmentauthorizeretentionofthepropertyacquiredwithEDI-SPgrantfundsbytheCityofClearwaterFloridatotheClearwaterCommunityRedevelopmentAgency.YoualsonotedthatonNovember6,2014,theCityofClearwatertransferred$301,303.00totheDepartmentwhenaportionoflandwassoldtoanotherparty.Atthattime,theCityofClearwaterforgottodeduct$47,225.32fromthatamountforreasonablesellingandfixingupexpenses.Therefore,theDepartmentwasoverpaid$47,225.32.Now,theCityofClearwaterwouldliketoretainanotherportionofpropertythatwaspurchasedwithEDIfundsundertheabovereferencedgrant,anddeduct$47,225.32fromtheamountthattheDepartmentisowed,duetothepreviousoverpayment.Afterreviewandconsideration,theDepartmentapprovesthisrequest.TheFY2000AppropriationsActfortheDepartmentofHousingandUrbanDevelopment(theDepartment)andotheragencies(P.L.106-74)authorizedtheuseofthegrant“forcostassociatedwithdevelopmentofaregionalstormwaterretentionfacility”.InMay2000,theDepartmentreceivedagrantawardapplicationwhichincludedanarrativeoftheprojectandabudgetforline-itemactivitiesforthisgrantwhichstatethatthegranteewouldusethefundstoacquirethepropertyneededforthefacility.Thisapplicationwasreviewedandapproved,andagrantagreementwasenteredintobetweenthegranteeandtheDepartmentonNovember3,2000.Further,theDepartmentreceivedagrantcloseoutpackagethatincludedthesignedCertificateofProjectCompletionandGrantCloseoutAgreementfromthegranteedatedJune14,2002.Receiptofthecloseoutpackageindicatedatotalof$1,295,000hadbeenexpended.ThiscloseoutpackagewascountersignedbytheDepartmentonJune27,2002,effectivelyclosingouttheaward.OFFICEOFCOMMUNITYPIANNIN(;ANDDEVELOPMENTwww.hud.govespanol.hud.gov 2IncaseswheretheEDI-SPgranteeisastateorlocalgovernment,thedispositionofrealpropertyisgovernedbythe24CFR§85.31(c).ifthegranteeproposestodisposeofthepropertyviatitletransfer,thetransactionisgovernedbythe24CFR§85.31(c)(1)whichstatesthat“Retentionoftitle.Retaintitleaftercompensatingtheawardingagency.Theamountpaidtotheawardingagencywillbecomputedbyapplyingtheawardingagency’spercentageofparticipationinthecostoftheoriginalpurchasetothefairmarketvalueoftheproperty.However,inthosesituationswhereagranteeorsubgranteeisdisposingofrealpropertyacquiredwithgrantfundsandacquiringreplacementrealpropertyunderthesameprogram,thenetproceedsfromthedispositionmaybeusedasanoffsettothecostofthereplacementproperty.”TheCityofClearwater,Floridahasalreadydisposedofa1.5acretractofthetotalfouracresoflandpurchasedwiththegranttotheClearwaterCommunityRedevelopmentAgency(CCRA).Thecityisrequestingtoretainthetitleforaportionoftheremainingpropertyof18,100SF.Thecongressionalintentofthepropertywastodeveloparegionalstormwaterretentionfacility.Theactivityprosedbythegranteeisnotreflectedintheplanneduseforthepropertytoberetained.Basedonreviewoftherequestvis-à-visthecongressionallanguageofthegrantandtheapplicableregulation,theCityofClearwater,FLmayretainthetitleofthepropertyandrepayHUD50%ofthecurrentfairmarketvalueoftheproperty.InstructionsontherepaymentofsalesproceedstotheDepartmentareattached.Pleasefeelfreetocontactmewithanyquestionsregardingthismatter.Icanbereachedat(202)402-5525.Ithasbeenapleasuretoassistyourorganizationinthecompletionofthisproject.Sincerely,LissetteM.FloresSupervisoryCommunityDevelopmentSpecialistOfficeofPolicyDevelopmentandCoordinationEnclosure: InternalHUDDistribution:2IIIdentificationLines:DispositionofRealProperty:CityofClearwater,FL,grantnumberB-OO-SP-FL-0088CorrespondenceOriginatorConcurrenceConcurrenceConcurrenceConcurrenceConcurrenceCodeDECCNameGLambertLFloresçfSWashingtonDate‘-2fr/(q.(4OfficialRecordCopyU.S.DepartmentofHousingandUrbanDevelopmentPreviouseditionisobsolete.formHUD-713.1(02/03) Instructions for Returning Funds to HUD Return of Funds via Wire Transfer through Treasury Federal Reserve Bank (FRB) Amounts in excess of $2,000 should be remitted via wire transfer. The bank where the grantee initiates the wire transfer will complete the section of the Wire Transfer Form containing the outgoing Banking information. Ensure that the form contains the complete Federal Bank Identification Number, the wire transfer Sender's Name, Address, Account Number, SSN/EIN, and any other required information. The following information is required under Beneficiary Information or Receiving Bank Information: 1.Amount of Transfer 2. Transfer to Bank = TREASURY FRB New York 3.Bank ABA Routing Number = 4.City and State = New York, NY 5.Credit Name of Beneficiary = U.S. Department of HUD 6.Address of Beneficiary = Fort Worth, TX 7.Account Number of Beneficiary = 8.Special Instructions = Return Funds Drawn From HUD Grant No. ___ _ TIN of Sender (example 61-0000000), Budget line item, if appropriate. 9.Provide a written explanation of why the funds are being returned, the budget line item detail, and indicate that the funds should be restored to the grant, not returned to the U.S. Treasury. Return of Funds via Check If wire transfer is not a viable option, then funds must be returned to HUD by check using the following guidelines: 1.Make the check payable to U.S. Department of HUD 2.Annotate on the check the Project/Grant Number 3.Provide a written explanation of why the funds are being returned and also include, the grant number, the budget line item detail, and indicate that the funds should be restored to the grant, not returned to the U.S. Treasury. 4.Mail the check along with the written explanation to: U.S. Department of Housing and Urban Development Collections Bank of America Project No. ____ _ P.O. Box 277303 Atlanta, GA 30384-7303 Please note that it could take up to 4 weeks for funds to be credited back into the grantee's account. 11/15/10 18,100 S.F. 42,019 S.F.25,462 S.F. Prospect Lake CLEVELAND ST PARK ST PIERCE ST S PROSPECT AVE PADUA LN S MARTIN LUTHER KING, JR. AVE EWING AVE BOOTH AVE NPROSPECTAVEPARK ST PIERCE ST JB CL 287A 15-29s-15e 10/18/2018Map Gen By:Reviewed By: S-T-R:Grid #: Date:Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com HUD Special Project Grant B-00-SP-FL-0088D;Final Partial Reimbursement ² N.T.S.Scale: Document Path: V:\GIS\_Staff\Jim_B\Projects-Location Maps\Chuck Lane\HUD Special Project Grant_Prospect Lake.mxd Legend Nolen Apartment Complex Land Acquired With Assistance of HUD Grant Lands Transferred for Nolen Apartments (2014) Lands Subject to Proposed Reimbursement Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5282 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Economic Development & Housing Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Authorize purchase orders to Rock Solid Home Inspections of Tampa, LLC, and NOVA Engineering and Environmental, LLC, both of Tampa, FL, for building inspections, reporting, and construction management services, in the annual amount of $30,000 per vendor, for a one-year term with three annual renewal options at the City’s discretion and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater issued Invitation to Bid #34-18 (ITB) on September 6, 2018 for Building Inspections, Reporting, and Construction Management Services. These services will be utilized for residential (single-family and multi-family) and commercial building inspections, and construction management services for housing and community development projects. These services are required for program compliance with the various housing and community development programs funded by state, federal and local programs including rehabilitation, down payment assistance, and public facilities improvements. The services to be provided include performing feasibility inspections and cost estimates, preparing and reviewing construction bid documents, managing the construction process, organizing preconstruction conferences and on-going inspections for draws/payments. The City received bids from Rock Solid Home Inspections Tampa, LLC (RSHI) and NOVA Engineering & Environmental, LLC (NOVA). Staff recommends contracting with both firms to maximize the value of RSHI’s affordable rates for certified home inspectors and outsourced testing services, coupled with NOVA’s expertise and professional engineering services on an as-needed basis. NOVA has worked with City Housing Division projects since 2014 and this high level of expertise and direct knowledge of the program is a significant resource for staff. RSHI currently performs similar services for the City of Tampa’s Housing and Development Division. Each purchase order will be for a one-year initial term with three renewal terms of one-year each; in the annual amount of $30,000 per vendor; subject to price escalation provisions in the ITB. Staff requests authority to shift dollars between vendor purchase orders as needed. APPROPRIATION CODE AND AMOUNT: Funds are available in the Community Development Block Grant program, HOME Investment Partnership program, the State Housing Initiatives Partnership program and the Pinellas County Housing Trust Fund to fund these purchase orders. USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/25/2018 File Number: ID#18-5282 N/A Page 2 City of Clearwater Printed on 10/25/2018 1 BUILDING INSPECTIONS, REPORTING AND CONSTRUCTION MANAGEMENT SERVICES CONTRACT THIS CONTRACT, entered into this __________ day of November, 2018, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as “City”, whose address is: 112 S. Osceola Ave, Clearwater, Florida 33756 and ROCK SOLID HOME INSPECTIONS TAMPA, LLC, a Florida limited liability company, hereinafter referred to as “Vendor,” whose address is: 7781 Starkey Road, Seminole, Florida 33777, (referred to individually herein as “Party” or collectively as the “Parties”). WHEREAS, the City of Clearwater solicited Bids on September 6, 2018 for Building Inspections, Reporting, and Construction Management Services for residential (single-family and multi-family) and commercial building inspections, and construction management services; and WHEREAS, the Vendor submitted a bid and was selected to perform building inspections, reporting and construction management services including performing feasibility inspections and cost estimates, preparing and reviewing construction bid documents, organizing preconstruction conferences, and ongoing inspections for draws/payments as in accordance with Vendor’s proposal; and WHEREAS, contract shall be subject to terms and conditions of the Invitation to Bid #34- 18, Building Inspections, Reporting and Construction Management Services and the Vendor’s proposal. NOW THEREFORE, in consideration of the promises stated herein, the City and the Vendor mutually agree as follows: 1. SCOPE OF PROJECT. The “Contract Documents” shall consist of that certain Invitation to Bid #34-18, Building Inspections, Reporting and Construction Management Services, issued by the City on September 6, 2018; Vendor’s Proposal; this Contract; and all attachments the above referenced documents (which are hereby incorporated by reference and made a part of this contract as if set forth fully herein). The Vendor, in consideration of the sums of money as hereinafter set forth to be paid by the City to the Vendor, shall and will at its own expense, perform all labor and furnish all necessary materials to provide the services described in the Contract Documents. All of said work shall be performed and completed by Vendor in a good and workmanlike manner to the satisfaction of the City. Should the Vendor fail to perform or comply with any of the terms, conditions, 2 provisions or stipulations as contained herein, the City, may, at its option, avail itself of any and all remedies provided by law and shall have the right to proceed to complete such work as Vendor is obligated to perform. 2. TIME OF PERFORMANCE. Time is off the essence as to the performance of the parties’ obligations under this Agreement. This Contract shall commence on November ____, 2018 and terminate on September 30, 2019 (the “Initial Term”). The Parties may renew for three (3), one (1) year periods (“Renewal Period”) if agreed to in a writing executed by both Parties no later than thirty (30) days prior to the end of the Initial Term or expiring Renewal Period, if applicable. 3. COMPENSATION. The City will pay the Vendor all reasonable and necessary direct expenses as pre-approved by City in writing, on a task by task basis, in addition to personnel fees in accordance with Vendor’s ITB 34-18 Pricing Sheet, attached hereto and incorporated herein as Exhibit “A”. The City or Vendor may, from time to time, require changes in the scope of the project to be performed hereunder which are mutually agreed upon by and between City and Vendor, which shall be effective when incorporated in written amendment to this Contract executed by both Parties. Compensation under this Contract shall not exceed Thirty Thousand and 00/100 Dollars ($30,000.00). Price increases may be considered pursuant to Paragraph 4 under the “Milestones” section of ITB 34-18. 4. METHOD OF PAYMENT. The Vendor’s invoices shall be submitted to the City for approval for payment on a monthly reimbursement basis. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation for the services in the City’s budget. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 3 Rock Solid Home Inspections Tampa, LLC City of Clearwater Lennie Swearingen Charles H. Lane, Jr. Principal Assistant Director, Economic Development & Housing 7781 Starkey Road P.O. Box 4748 Seminole FL 33777 Clearwater, Florida 33758 (Office) 727-408-1088 (Office) 727-562-4023 Email: rocksolidtampabay@yahoo.com Email: Charles.lane@myclearwater.com 6. TERMINATION OF CONTRACT. If Vendor fails to fulfill any of its obligations hereunder, such failure shall constitute a material breach and the City may terminate this Contract immediately by giving Vendor written notice of its election to do so and by specifying the effective date of such termination. The Vendor shall be paid for its services provided through the effective date of termination. 7. INDEMNIFICATION AND INSURANCE. The Vendor agrees to comply with all terms, provisions, and requirements of the indemnification and insurance provisions as set forth in paragraph 7 of the Detailed Specifications of the Invitation to Bid and as otherwise contained in the Contract Documents. 8. PROPRIETARY MATERIALS. Upon termination of this Contract, the Vendor shall transfer, assign and make available to City or its representatives all property and materials in “Vendor’s” possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. The Vendor covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 4 10. CONFORMANCE WITH LAWS. The Vendor agrees to comply with all applicable federal, state and local laws during the life of this Contract. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 5 e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 11. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 12. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. 6 13. NON-WAIVER. A delay in exercising, or failure to exercise, any right or remedy under this Contract does not constitute a waiver of such or other rights or remedies and does not operate to prevent the exercise or enforcement of any such right or remedy. No single or partial exercise of any right or remedy under this Contract prevents further exercise of such or other rights or remedies. The rights, powers and remedies provided in this Contract are cumulative and not exclusive of any rights and remedies provided by law. The Remainder of this Page Intentionally Left Blank 7 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk ROCK SOLID HOME INSPECTIONS TAMPA, LLC Witness: ____________________________ By: ___________________________ Print Name: __________________ Print Name: ____________________ Title: __________________________ EXHIBIT “A” [GM09-1510-046/163132/1] 1 BUILDING INSPECTIONS, REPORTING AND CONSTRUCTION MANAGEMENT SERVICES CONTRACT THIS CONTRACT, entered into this __________ day of November, 2018, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as “City”, whose address is: 112 S. Osceola Ave, Clearwater, Florida 33756 and NOVA Engineering and Environmental, LLC, a Delaware Corporation, hereinafter referred to as “Vendor,” whose address is: 1226 Tech Boulevard, Tampa, Florida 33619, (referred to individually herein as “Party” or collectively as the “Parties”). WHEREAS, the City of Clearwater solicited proposals on September 6, 2018 for Building Inspections, Reporting, and Construction Management Services for residential (single-family and multi-family) and commercial building inspections, and construction management services; and WHEREAS, the Vendor submitted a proposal and was selected to perform building inspections, reporting and construction management services including performing feasibility inspections and cost estimates, preparing and reviewing construction bid documents, organizing preconstruction conferences, and ongoing inspections for draws/payments as in accordance with Vendor’s proposal; and WHEREAS, contract shall be subject to terms and conditions of the Invitation to Bid #34- 18, Building Inspections, Reporting and Construction Management Services and the Vendor’s proposal. NOW THEREFORE, in consideration of the promises stated herein, the City and the Vendor mutually agree as follows: 1. SCOPE OF PROJECT. The “Contract Documents” shall consist of that certain Invitation to Bid #34-18, Building Inspections, Reporting and Construction Management Services, issued by the City on September 6, 2018; Vendor’s Proposal; this Contract; and all attachments the above referenced documents (which are hereby incorporated by reference and made a part of this contract as if set forth fully herein). The Vendor, in consideration of the sums of money as hereinafter set forth to be paid by the City to the Vendor, shall and will at its own expense, perform all labor and furnish all necessary materials to provide the services described in the Contract Documents. All of said work shall be performed and completed by Vendor in a good and workmanlike manner to the satisfaction of the City. Should the Vendor fail to perform or comply with any of the terms, conditions, [GM09-1510-046/163132/1] 2 provisions or stipulations as contained herein, the City, may, at its option, avail itself of any and all remedies provided by law and shall have the right to proceed to complete such work as Vendor is obligated to perform. 2. TIME OF PERFORMANCE. Time is off the essence as to the performance of the parties’ obligations under this Agreement. This Contract shall commence on November _____, 2018 and terminate on September 30, 2019 (the “Initial Term”). The Parties may renew for three (3), one (1) year periods (“Renewal Period”) if agreed to in a writing executed by both Parties at least thirty (30) days prior to the end of the Initial Term or expiring Renewal Period. 3. COMPENSATION. The City will pay the Vendor all reasonable and necessary direct expenses as pre-approved by City in writing, on a task by task basis, in addition to personnel fees in accordance with Vendor’s ITB 34-18 Pricing Sheet, attached hereto and incorporated herein as Exhibit “A”. The City or Vendor may, from time to time, require changes in the scope of the project to be performed hereunder which are mutually agreed upon by and between City and Vendor, which shall be effective when incorporated in written amendment to this Contract executed by both Parties. Compensation under this Contract shall not exceed Thirty Thousand and 00/100 Dollars ($30,000.00). Price increases may be considered pursuant to Paragraph 4 under the “Milestones” section of ITB 34-18. 4. METHOD OF PAYMENT. The Vendor’s invoices shall be submitted to the City for approval for payment on a monthly reimbursement basis. The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. The City’s performance and obligation to pay under this Contract is contingent upon an annual appropriation for the services in the City’s budget. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. [GM09-1510-046/163132/1] 3 NOVA Engineering and Environmental, LLC City of Clearwater Bob Hughes Charles H. Lane, Jr. Principal Assistant Director, Economic Development & Housing 4524 Oak Fair Boulevard, Suite 200 P.O. Box 4748 Tampa, FL 33610 Clearwater, Florida 33758 (Office) 813-623-3100 (Office) 727-562-4023 (Fax) 813-623-3545 (Fax) 727-562-4037 6. TERMINATION OF CONTRACT. If Vendor fails to fulfill any of its obligations hereunder, such failure shall constitute a material breach and the City may terminate this Contract immediately by giving Vendor written notice of its election to do so and by specifying the effective date of such termination. The Vendor shall be paid for its services provided through the effective date of termination. 7. INDEMNIFICATION AND INSURANCE. The Vendor agrees to comply with all terms, provisions, and requirements of the indemnification and insurance provisions as set forth in paragraph 6 of the Detailed Specifications of the Invitation to Bid and as otherwise contained in the Contract Documents. 8. PROPRIETARY MATERIALS. Upon termination of this Contract, the Vendor shall transfer, assign and make available to City or its representatives all property and materials in “Vendor’s” possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. The Vendor covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. [GM09-1510-046/163132/1] 4 10. CONFORMANCE WITH LAWS. The Vendor agrees to comply with all applicable federal, state and local laws during the life of this Contract. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. [GM09-1510-046/163132/1] 5 e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 11. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 12. GOVERNING LAW AND VENUE. [GM09-1510-046/163132/1] 6 The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. 13. NON-WAIVER. A delay in exercising, or failure to exercise, any right or remedy under this Contract does not constitute a waiver of such or other rights or remedies and does not operate to prevent the exercise or enforcement of any such right or remedy. No single or partial exercise of any right or remedy under this Contract prevents further exercise of such or other rights or remedies. The rights, powers and remedies provided in this Contract are cumulative and not exclusive of any rights and remedies provided by law. The Remainder of this Page Intentionally Left Blank [GM09-1510-046/163132/1] 7 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ By: ________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _______________________ ____________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk NOVA Engineering and Environmental, LLC Witness: _______________________ By: ________________________ Print Name: _____________ Print Name: ___________________ Title: ________________________ Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5244 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Human Resources Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a purchase order in the amount of $840,000 to Unum Life Insurance Company of America for the period January 2019 through December 2020 for city paid life insurance and Long-Term Disability benefit and authorize the appropriate officials to execute same. (consent) SUMMARY: The City currently provides life insurance to all full-time employees and provides Long-Term Disability to those employees who do not participate in the City Pension Plan. The coverage will stay with the current carrier (Unum), with no increase for 2019 and 2020. The coverage is as follows: • CWA Life in an amount equivalent to 1 ½ times the employee’s annual base salary not to exceed $50,000. • SAMP Life in an amount equivalent to 1 times the employee’s annual base salary. • Voluntary SAMP Supplemental Life in incremental amounts of $50,000, not to exceed $500,000 with premium payroll- deducted from the employee’s salary. • Basic Life insurance in the amount of $2,500 for all employees except CWA. • Basic Life insurance in the amount of $1,000 for grandfathered retirees. • Long Term Disability Insurance for those employees who do not participate in the City Pension Plan. APPROPRIATION CODE AND AMOUNT: Funds are available in the Central Insurance Fund cost code 5907590-545500 (Insurance Premium - Life) and 5907590-545700 (Insurance Premium - Disability) to fund this contract. Funding will be included in the fiscal year 2019/20 budget for the final year of the contract. Page 1 City of Clearwater Printed on 10/25/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5278 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Accept a Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program grant, to update the Police Department’s Naloxone (Narcan) supply in the valued amount of $20,416 and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 10, 2018, the Resource Management Committee approved the Clearwater Police Department’s (CPD) submission of a grant application under the Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program. That grant is now awarded and CPD seeks approval to accept it. The Opioid crisis has significantly impacted the State of Florida and Pinellas County. In 2016, there were 204 opioid-related deaths in Pinellas County, up from 150 in 2015. Pinellas County EMS reported 2,529 overdose related transports in 2016. Clearwater Police and Clearwater Fire/Rescue respond to opioid related overdose calls for service on a routine basis. In 2016, CPD became the first law enforcement agency in the Tampa Bay Region to deploy opioid antagonist Naloxone, commonly referred to as Narcan, to selected field personnel. In 2017, the Police Department equipped all field personnel with this life saving drug. Since, Clearwater Police Officers have saved the lives of at least three individuals through the deployment of Naloxone and/or CPR. Providing opioid antagonists, such as Narcan, is a central tenant of the Pinellas County Opioid Task Force’s Strategic Plan. In July 2018, the Florida Police Chief’s Associations (FPCA) made available the Florida Department of Health, Helping Emergency Responders Obtain Support (HEROS) Program to municipal Police Departments. Page 1 City of Clearwater Printed on 10/25/2018 File Number: ID#18-5278 The Clearwater Police Department applied for this grant to replace its current Naloxone supply; the majority of this supply is set to expire in April 2019. The Clearwater Police Department was awarded a grant allotment, to replace two-hundred and ninety packages of Narcan Nasal Spray (Naloxone HCI, 4mg). Each officer/field personnel is equipped with two doses of this life saving drug. The value of the grant award is $20,416. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. APPROPRIATION CODE AND AMOUNT: Funds are available in Special Program 99329, Investigative Cost Recovery, to fund this contract. Reimbursement revenues will be received in the special program to offset the expenditure. Page 2 City of Clearwater Printed on 10/25/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5279 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Accept a 2016-2017 Edward Byrne Memorial Justice Assistance Grant in the amount of $15,849 for a Mental Health Check Team Pilot program and authorize the appropriate officials to execute same. (consent) SUMMARY: The Resource Management Committee approved submission of a grant application for a $15,849 allocation under the Justice Assistance Grant (JAG) program for a Mental Health Check Team Pilot program. That grant is now awarded and CPD now seeks approval to accept it. According to the National Alliance on Mental Illness (NAMI), one in five Americans is affected by mental illness in a given year. Clearwater Police Department (CPD) officers are often the first point of contact for individuals struggling with diagnosed and un-diagnosed mental health conditions in the City of Clearwater. In many instances, officers encounter the same individuals time and time again. These encounters can become volatile at times, with the threat of harm to both the officer and the person in crisis. In an effort to reduce the number of these law enforcement encounters that often end in arrest and connect these individuals with the appropriate mental health resources, CPD -- in partnership with Directions for Living (Directions) -- established the Mental Health Check Team (MHCT) project. The overall goals of the Mental Health Check Team were to: Reduce the number of law enforcement encounters with individuals suffering from mental illness. Connect individuals suffering from mental illness with the appropriate mental health services. CPD contracted with Directions for Living to provide the following services in conjunction with the Mental Health Check Team: Page 1 City of Clearwater Printed on 10/25/2018 File Number: ID#18-5279 Provide a Mental Health Counselor to work in partnership with the Clearwater Police Department. (Schedule/Hours TBD) Provide priority access to services to individuals who are being linked to services from the Mental Health Check Team. Attend ongoing meetings with the Mental Health Check Team and/or Clearwater Police Department meetings as needed. In May 2017, the Clearwater Police Department applied for an Edward Byrne Memorial Justice Assistance Grant to provide funding for Directions for Living services in the amount of $18,720. This amount was based upon an anticipated 288 hours of services provided by Directions for Living (12 clients seen twice per month for 12 months) at a rate of $65.00 per hour. Due to unforeseen delays in the overall administration of these grants, the Clearwater Police Department was notified in September of 2018 that our agency had been approved for a grant award of $15,849. There will be no direct adverse impact to the CPD annual operating budget nor is there a required match. APPROPRIATION CODE AND AMOUNT: These funds will be credited to special project 99329, Investigative Recovery Cost, upon receipt. Page 2 City of Clearwater Printed on 10/25/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5240 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Declare surplus for the purpose of sale, through Invitation to Bid 01-19, Surplus Property-Engman Street, real property located at Greenwood Park No 2, Block D Lot 66; whereby the successful bidder will assemble the parcel with existing property creating a functional piece of property for use. SUMMARY: On April 3, 1967, the City of Clearwater acquired this small remnant parcel via Tax Deed. The adjacent property owner expressed interest in acquiring this piece of land to increase the size of their property. This strip of land runs along the west side of Douglas Ave and is approximately 25 ft. by 91 ft. Its size imposes limitations on potential land uses. Any meaningful development of the property will require the use of adjacent lands. An independent appraisal was performed on the property on August 30, 2018 by Jim Millspaugh and Associates. This appraisal report determined that the fair market value is $2,275.00. Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council’s stated purpose for declaring the property surplus. Page 1 City of Clearwater Printed on 10/25/2018 RUSSELL ST DOUGLAS AVE ENGMAN ST LA SALLE ST TANGERINE ST 11691302 114911731162116411511160116511661157115911591150115611551156115512011201115111641152 11531212115711601169 11631153116411651148116111551154115811511160115811631161115011681148114911471147Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WD N.T.S.269A 10-29s-15e10/4/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Surplus Property1166 Engman St Parcel Number: 10-29-15-33552-004-0660 Document Path: V:\GIS\Engineering\Location Maps\1166 EngmanSt.mxd RB Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 18-19 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: ResolutionIn Control: Engineering Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve assignment of the name Mulberry Alley to this previously unnamed alley and adopt Resolution 18-19. SUMMARY: The City of Clearwater received a request from the Clearwater Historical Society to assign a name to an improved 10-foot wide alley that was apparently recognized many years ago as Mulberry Lane. This East/West alley is between Lime Street and Orange Avenue and between Bay Avenue and Fort Harrison Avenue. The alley name will assist the Clearwater Historical Society with parking directions when the historic South Ward School renovation is complete and opens as a history museum later this year. Page 1 City of Clearwater Printed on 10/25/2018 [GM18-1313-115/224718/1] RESOLUTION NO. 18-19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, NAMING “MULBERRY ALLEY”, A CERTAIN UNAMED ALLEY LYING SOUTH OF AND PARALLEL TO TURNER STREET, FROM THE WEST BOUNDARY OF FORT HARRISON AVENUE TO THE EAST BOUNDARY OF BAY AVENUE, AND FROM THE WEST BOUNDARY OF ORANGE AVENUE TO THE EAST BOUNDARY OF LIME AVENUE,WITHIN THE CITY LIMITS OF CLEARWATER PURSUANT TO SECTION 28.02, CITY OF CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (“City”) received a request from the Clearwater Historical Society to assign a name to a narrow thoroughfare that was apparently recognized many years ago as Mulberry Lane; and WHEREAS, the City finds no documentation of said street among City records; and WHEREAS, due to the narrow width of the ‘thoroughfare, the City Engineer is amenable to naming the corridor “Mulberry Alley”; now therefore BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: That certain thoroughfare lying South of and parallel to Turner Street, from the West boundary of Fort Harrison Avenue to the East boundary of Bay Avenue, and from the West boundary of Orange Avenue to the East boundary of Lime Avenue, within the City Limits of Clearwater, as more specifically depicted in Exhibit “A”, attached hereto and incorporated herein, is hereby named “Mulberry Alley”. SECTION 2: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of ________, 2018. ______________________ George N. Cretekos Mayor Approved as to form:Attest: _________________________________________ Laura Mahony Rosemarie Call Assistant City Attorney City Clerk BAY AVE OAK AVE DRUID RD TURNER ST S FORT HARRISON AVE COURT ST CHESTNUT ST ORANGE AVE ROGERS ST PALM AVES GARDEN AVE PINE ST LIME ST DRUID RD HAMILTON CRES ME MOR IA L C S WY MARKLEY ST PEACH ST SOSCEOLAAVESPOTTISWOODECT HARBORVIEWLN ROGERS ST PINE ST EXHIBIT "A" ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM PD N.T.S.295B 16-29S-15E09/07/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Resolution 18-19Location of ProposedAlley Name "Mulberry Alley" Path: V:\GIS\Engineering\Location Maps\Mulberry Alley.mxd MULBERRYALLEYMULBERRYALLEYMULBERRYALLEY Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9147-18 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Approve the request from the owner of adjoining property to vacate a 50-foot Right of Way of East Avenue that abuts their property and pass Ordinance 9147-18 on first reading. (VAC2018-06) SUMMARY: The property owner has requested the City vacate a 50-foot Right of Way of East Avenue adjoining their property. Said right-of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated. Page 1 City of Clearwater Printed on 10/25/2018 [RE15-1313-080/224326/1]1 Ord. No. 9147-18 ORDINANCE NO. 9147-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 50 FOOT RIGHT-OF-WAY OF EAST AVENUE, DEPICTED AS EAST STREET ON JONES SUBDIVISION OF NICHOLSON ADDITION TO CLEARWATER PLAT AS RECORDED IN PLAT BOOK 4, PAGE 82 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, (THE “PLAT”), FROM THE SOUTHERLY RIGHT-OF-WAY LINE OF THE VACATED HART STREET (DEPICTED AS HART AVENUE ON THE PLAT) TO THE NORTHERLY RIGHT-OF-WAY LINE OF JONES STREET (DEPICTED AS JONES AVENUE ON THE PLAT); PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property adjoining the right-of-way described and depicted in Exhibit “A” attached hereto, has requested that the City vacate said right-of-way; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said right- of-way is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of right-of-way described as follows: See Exhibit A is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. [RE15-1313-080/224326/1]2 Ord. No. 9147-18 PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Block 9 Jones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82 Block 10 VACATED HART STREET HART AVE (PLAT) 60' RIGHT-OF-WAY (OR 6626, PG 429) PROPOSED AREA OF VACATION Jones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82 Jones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82 Block 10 Block 9 Jones Subdivision of Nicholson Addition to Clearwater Hillsborough Plat Book 4, Page 82 Part of Block 9 Legal Description: A right-of-way vacation described as follows: That area of the East Avenue (East Street, Plat) right-of-way bounded by Block 10 on the West, Block 9 on the East, the southerly right-of-way line of the vacated Hart Street (Hart Avenue, Plat) as recorded in O.R. 6626 PG. 429, and the northerly right of way line of Jones Street (Jones Avenue, Plat) as described in the Plat titled "Jones Subdivision of Nicholson Addition to Clearwater" as recorded in Plat book 4, Page 82, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formally a part. City of Clearwater Owned(Gas Complex) City of Clearwater Owned City of Clearwater Owned Pinellas CountyOwned VINEAVEDREW ST JONES ST N MYRTLE AVE N GARDEN AVE SPRUCE AVE MAPLE ST HART ST FERN AVE BLANCHEBLITTLEJOHNTRLHART ST HART ST MAPLE ST AERIAL MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.277B 09-29s-15e10/9/18Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Vacation of East AvenueBetween Jones Street and Hart Street Document Path: V:\GIS\Engineering\Location Maps\East Ave Aerial.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5189 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Accept a Sidewalk Easement over a portion of Lot 2, Block 2, of C.E. Jackson’s Subdivision (902 Engman Street), conveyed to the City by the Property Owner and authorize the appropriate officials to execute same. (consent) SUMMARY: C T V Bonga Holdings LLLP acquired the subject property on December 6, 2017. This Sidewalk Easement will allow the construction of a sidewalk as C T V Bonga Holdings develops this site for single family use. Page 1 City of Clearwater Printed on 10/25/2018 Return to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom,C T V BONGA HOLDINGS LLLP.,a Florida Corporation, whose mailing address is 4029 Henderson Blvd, Tampa, FL 33629 (“Grantor”), does hereby grant and convey to the City of Clearwater, Florida, a Florida Municipal Corporation, whose mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756 (“Grantee”),its licensees, agents, successors and assigns a non-exclusive easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: See Exhibit A (902 Engman Street) appended hereto and by this reference made a part hereof (“Easement Premises”) This easement is for public sidewalk installation, repair and maintenance. The CITY OF CLEARWATER, FLORIDA,shall have the right to enter upon the above-described premises and to maintain thereon such sidewalk and to inspect and alter and/or replace same from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. The GENERAL PUBLIC shall have full and free use of said sidewalk at any time and all times for traveling purposes. Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee’s sidewalk constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the sidewalk constructed within the Easement Premises, and shall at Grantor’s sole cost and expense reconstruct the sidewalk within the alternate easement. Upon completion of the sidewalk relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. SIDEWALK EASEMENT This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. IN WITNESS WHEREOF,the undersigned grantor has caused these presents to be duly executed this ______ day of ________________________, 2018. Signed, sealed and delivered in the presence of: C T V BONGA HOLDINGS LLLP, Grantor _________________________________ __________________________________ Witness signature Signature of Officer _________________________________ __________________________________ Print witness name Printed Name & Title of Officer _________________________________ Witness signature _________________________________ Print witness name STATE OF FLORIDA : : ss COUNTY OF PINELLAS : Before me, the undersigned authority, personally appeared an officer of C T V Bonga Holdings LLLP., who executed the foregoing instrument, and who acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and who [ ] is personally known to me, or who [ ] did produce __________________________as identification. ________________________________________ My commission expires: Notary Public - State of Florida ________________________________________ Type/Print Name AFFIDAVIT OF NO LIENS STATE OF FLORIDA : : ss COUNTY OF PINELLAS : BEFORE ME, the undersigned authority, personally appeared., whom, being duly authorized does depose and say: 1.That aforesaid party is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: See Exhibit A appended hereto and by this reference made a part hereof 2.That there has been no labor performed or materials furnished on said property for which there are unpaid bills for labor or materials against said property, other than those which will be paid during the normal course of business, except: (list, or if none, insert “NONE”. If no entry, it will be deemed that “NONE”has been entered.) _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _____________________________________________________________________ 3.That there are no liens or encumbrances of any nature affecting the title of the property herein described, except easements and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, except: (list, or if none, insert “NONE.” If no entry, it will be deemed that “NONE”has been entered.) _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _____________________________________________________________________ 4.That no written notice has been received for any public hearing regarding assessments for improvements by any government, and there are no unpaid assessments against the above described property for improvements thereto by any government, whether or not said assessments appear of record. 5.That there are no outstanding sewer service charges or assessments payable to any government. 6.That the representations embraced herein have been requested by the CITY OF CLEARWATER, its agents, successors and assigns to rely thereon in connection with the granting of the easement herein being conveyed to encumber the above-described property. Signed, sealed and delivered in the presence of: C T V BONGA HOLDINGS LLLP, Grantor _________________________________ _________________________________ Witness signature Signature of Officer _________________________________ Print witness name _________________________________ Printed Name & Title of Officer _________________________________ Witness signature _________________________________ Print witness name STATE OF FLORIDA : : ss COUNTY OF PINELLAS : Before me, the undersigned authority, personally appeared an officer of C T V Bonga Holdings LLLP., who executed the foregoing instrument, and who acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and who [ ] is personally known to me, or who [ ] did produce __________________________as identification. ________________________________________ My commission expires: Notary Public - State of Florida ________________________________________ Type/Print Name Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5190 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Accept a Sidewalk Easement over a portion of Lot 2, Block J Fairmont Subdivision (1159 Russell Street), conveyed to the City by the Property Owner, and authorize the appropriate officials to execute same. (consent) SUMMARY: C T V Capital LLC acquired the subject property on December 15, 2017. This Sidewalk Easement will allow the construction of a sidewalk on Tangerine Street as C T V Capital LLC develops this site for single family use. Page 1 City of Clearwater Printed on 10/25/2018 Return to: Rob Brzak Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FL 33758-4748 FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived there from,C T V CAPITAL LLC,a Nevada LLC, whose mailing address is 4029 Henderson Blvd, Tampa, FL 33629 (“Grantor”), does hereby grant and convey to the City of Clearwater, Florida, a Florida Municipal Corporation, whose mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756 (“Grantee”),its licensees, agents, successors and assigns a non-exclusive easement over, under, across and through the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: See Exhibit A (1159 Russell Street) appended hereto and by this reference made a part hereof (“Easement Premises”) This easement is for public sidewalk installation, repair and maintenance. The CITY OF CLEARWATER, FLORIDA,shall have the right to enter upon the above-described premises and to maintain thereon such sidewalk and to inspect and alter and/or replace same from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any work activities undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder, and on each and every succeeding occasion thereafter. Grantee further represents and warrants that it shall diligently pursue the completion of all work activities in a timely manner. The GENERAL PUBLIC shall have full and free use of said sidewalk at any time and all times for traveling purposes. Grantor warrants and covenants with Grantee that Grantor is the owner of fee simple title to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. In the event Grantor, its successors or assigns, should ever determine it necessary to relocate Grantee’s sidewalk constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the sidewalk constructed within the Easement Premises, and shall at Grantor’s sole cost and expense reconstruct the sidewalk within the alternate easement. Upon completion of the sidewalk relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. SIDEWALK EASEMENT This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the Easement Premises by Grantee. IN WITNESS WHEREOF,the undersigned grantor has caused these presents to be duly executed this ______ day of ________________________, 2018. Signed, sealed and delivered in the presence of: C T V CAPITAL LLC, Grantor _________________________________ __________________________________ Witness signature Signature of Officer _________________________________ __________________________________ Print witness name Printed Name & Title of Officer _________________________________ Witness signature _________________________________ Print witness name STATE OF FLORIDA : : ss COUNTY OF PINELLAS : Before me, the undersigned authority, personally appeared an officer of C T V CAPITAL LLC., who executed the foregoing instrument, and who acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and who [ ] is personally known to me, or who [ ] did produce __________________________as identification. ________________________________________ My commission expires: Notary Public - State of Florida ________________________________________ Type/Print Name AFFIDAVIT OF NO LIENS STATE OF FLORIDA : : ss COUNTY OF PINELLAS : BEFORE ME, the undersigned authority, personally appeared., whom, being duly authorized does depose and say: 1.That aforesaid party is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit: See Exhibit A appended hereto and by this reference made a part hereof 2.That there has been no labor performed or materials furnished on said property for which there are unpaid bills for labor or materials against said property, other than those which will be paid during the normal course of business, except: (list, or if none, insert “NONE”. If no entry, it will be deemed that “NONE”has been entered.) _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _____________________________________________________________________ 3.That there are no liens or encumbrances of any nature affecting the title of the property herein described, except easements and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, except: (list, or if none, insert “NONE.” If no entry, it will be deemed that “NONE”has been entered.) _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _____________________________________________________________________ 4.That no written notice has been received for any public hearing regarding assessments for improvements by any government, and there are no unpaid assessments against the above described property for improvements thereto by any government, whether or not said assessments appear of record. 5.That there are no outstanding sewer service charges or assessments payable to any government. 6.That the representations embraced herein have been requested by the CITY OF CLEARWATER, its agents, successors and assigns to rely thereon in connection with the granting of the easement herein being conveyed to encumber the above-described property. Signed, sealed and delivered in the presence of: C T V CAPITAL LLC, Grantor _________________________________ _________________________________ Witness signature Signature of Officer _________________________________ Print witness name _________________________________ Printed Name & Title of Officer _________________________________ Witness signature _________________________________ Print witness name STATE OF FLORIDA : : ss COUNTY OF PINELLAS : Before me, the undersigned authority, personally appeared an officer of C T V CAPITAL LLC, who executed the foregoing instrument, and who acknowledged the execution thereof to be his/her free act and deed personally, for the use and purposes herein set forth, and who [ ] is personally known to me, or who [ ] did produce __________________________as identification. ________________________________________ My commission expires: Notary Public - State of Florida ________________________________________ Type/Print Name Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5241 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Approve a Deed Modification for certain real property located at 41 Devon Dr., legally described as Lot 1, less the West 110 feet thereof, Block B, Columbia Subdivision, extending the time-period to commence construction until August 26, 2020 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City conveyed to Decade Sea Captain LLC (Decade), certain real property known as 41 Devon Drive pursuant to a Special Warranty Deed dated January 24, 2017. The Special Warranty Deed granted to the City a right to repurchase the Property if vertical construction of a parking garage was not commenced on or before the expiration of the Construction Commencement Period, which was August 26, 2018. Decade has secured a Development Order to proceed with said construction; therefore, the City has determined an extension of the Construction Commencement Period would be in the best interest of the City. To that end, the City and Decade desire to modify the Special Warranty Deed to extend the Construction Commencement Period for a term of two years to expire on August 26, 2020. Page 1 City of Clearwater Printed on 10/25/2018 QB\53669670.2 THIS INSTRUMENT DRAFTED BY AND WHEN RECORDED RETURN TO: Mary Neese Fertl, Esq. Quarles & Brady LLP 411 E. Wisconsin Avenue Suite 2350 Milwaukee WI 53202 MODIFICATION OF DEED THIS MODIFICATION OF DEED (this “Modification”) is made and entered into as of the ____ day of November, 2018, by and between the CITY OF CLEARWATER, FLORIDA (the “City”), a municipal corporation of the State of Florida whose mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756, and DECADE SEA CAPTAIN LLC, a limited liability company authorized to conduct business in the State of Florida, whose mailing address is 13555 Bishops Court, Suite 345, Brookfield, Wisconsin 53005 (“Decade”). WHEREAS, the City conveyed to Decade the real estate known as 41 Devon Street, Clearwater, Florida legally described as follows: Lot 1, less the West 110 feet thereof, Block B, COLUMBIA SUBDIVISION according to the map or plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida (the “Property”) pursuant to a certain Special Warranty Deed dated January 24, 2017 and recorded in the Office of Clerk of Court for Pinellas County on January 31, 2017 in Official Record Book 19502, Pages 931-934, as Document No. 2017033092 (the “Special Warranty Deed”); WHEREAS, the Special Warranty Deed granted to the City a right to repurchase the Property if vertical construction of a parking garage was not commenced on or before the expiration of the Construction Commencement Period; WHEREAS, the City has determined an extension of Construction Commencement Period would be in the best interest of the City; and [GM15-9216-045/224817/1]2 QB\53669670.2 WHEREAS, the City and Decade desire to extend the Construction Commencement Period as provided in this Modification. NOW THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1.The Construction Commencement Period as defined in the second paragraph of the second page of the Special Warranty Deed is hereby changed to expire on August 26, 2020. 2.This instrument constitutes a modification of the Special Warranty Deed. 3.All other provisions of the Special Warranty Deed, except as modified by this Modification, shall remain unchanged and in full force and effect. 4.This Modification shall be binding upon and inures to the benefit of the parties hereto and their respective successors and assigns. [signatures on following pages] [GM15-9216-045/224817/1]3 QB\53669670.2 IN WITNESS WHEREOF, the parties have executed this Modification as of the date first above written. Countersigned: ______________________________ George N. Cretekos, Mayor CITY OF CLEARWATER, FLORIDA By:______________________________ William B. Horne, II, City Manager Approved as to form: ______________________________ Laura Mahony, Assistant City Attorney Attest: ______________________________ Rosemarie Call, City Clerk STATE OF FLORIDA ) ) SS COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared ________________, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ____ day of ____________, 2018. Notary Public – State of Florida Print/type name: My commission expires: STATE OF FLORIDA ) ) SS COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared ________________, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ____ day of ____________, 2018. Notary Public – State of Florida Print/type name: My commission expires: [GM15-9216-045/224817/1]4 QB\53669670.2 Signed, Sealed and Delivered in the presence of: ______________________________ ______________________________ DECADE SEA CAPTAIN LLC By:______________________________ Jeffrey Keierleber, Manager STATE OF _____________ ) ) SS COUNTY OF ___________ ) BEFORE ME, the undersigned, personally appeared Jeffrey Keierleber, the Manager of Decade Sea Captain LLC, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this ____ day of ____________, 2018. Notary Public Print/type name: State of County My commission expires: Location Map ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com WD N.T.S.276A 8-29s-15e10/8/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Deed Modification 41 Devon Drive BAYSIDE DR CORONADO DR HAMDEN DR S GULFVIEW BLVD BAYWAY BLVD DEVON DR BRIGHTWATER DR MEMORIAL CSWY FIFTH ST CAUSEWAY BLVD EAST SHORE DR MANDALAY AVE POINSETTIA AVE SECOND ST S GULFVIEW BLVD THIRD ST 41 Devon Drive Document Path: V:\GIS\Engineering\Location Maps\41Devon Dr.mxd RB Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5251 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.7 SUBJECT/RECOMMENDATION: Award a construction contract to GHD Services, Inc., of Tampa, FL, in the amount of $960,575.83 for the Marshall Street Digester Demolition (09-0024-UT); approve Engineer of Record (EOR) Supplemental one Work Order from King Engineering in the amount of $52,192; and authorize the appropriate officials to execute same. (consent) SUMMARY: This project will involve the demolition, removal, and disposal of the existing digester at the Marshall Street Water Reclamation Facility (WRF). The work includes surveying for asbestos and hazardous waste, preparing an abatement plan, removing and disposing of hazardous and non-hazardous waste, and demolition/disposal of the digester. Two bids were received and GHD Services, Inc., was the lowest responsible bidder in accordance with plans and specifications. EOR King Engineering evaluated the bids and recommends awarding the contract to GHD Services, Inc. November 7, 2013, the City Manager approved an initial work order to EOR King Engineering for design of the demolition of the digester at the Marshall Street WRF in the amount of $84,978. Supplemental 1 Work Order is for increased engineering and inspection services during construction for a new work order value of $137,170. It is anticipated construction will be completed within 200 calendar days from Notice to Proceed. The City of Clearwater’s Public Utilities Department is responsible for owning, operating and maintaining the Marshall Street WRF. APPROPRIATION CODE AND AMOUNT: 3277327-563800-96664 $960,575.83 3277327-561300-96664 $ 52,192.00 Funds are available in Utility Renewal and Replacement project 96664, WPC Repair & Replacement, to fund this project. Page 1 City of Clearwater Printed on 10/25/2018 Bid Opening: Sept. 20, 2018 Award Date: Nov. 1, 2018 BID ITEMSDescription UNIT QTY UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization (Maximum of 4% of Sub-Total Items 1-13)LS 1 34,930.03$ 34,930.03$ 75,000.00$ 75,000.00$ 2 Remove and Return Digester Liquids to WRF Headworks LS 1 26,645.00$ 26,645.00$ 115,000.00$ 115,000.00$ 3 Remove and Dispose of Digester Liquids Offsite GAL 1,500,000 0.30$ 450,000.00$ 0.42$ 630,000.00$ 4 Temporary Solids Dewatering Facilities LS 1 21,395.00$ 21,395.00$ 72,250.00$ 72,250.00$ 5 Remove and Dispose of Digester Solids DRY TON 200 102.41$ 20,482.00$ 252.00$ 50,400.00$ 6 Demolish, Remove and Dispose of Hazardous Materials LS 1 25,328.00$ 25,328.00$ 193,250.00$ 193,250.00$ 7 Sample and Analyze Digester Cover LS 1 5,090.25$ 5,090.25$ 8,400.00$ 8,400.00$ 8 Demolish, Remove and Disposal of Additional Hazardous Materials TON 50 52.80$ 2,640.00$ 1,680.00$ 84,000.00$ 9 Demolish, Remove and Dispose of Nonhazardous Materials LS 1 175,538.72$ 175,538.72$ 264,000.00$ 264,000.00$ 10 Excavate and Survey Foundation Piles LS 1 5,155.00$ 5,155.00$ 17,000.00$ 17,000.00$ 11 Import and Place Structural Fill Materials CYD 3,600 19.27$ 69,372.00$ 28.25$ 101,700.00$ 12 Miscellaneous Work and Site Restoration LS 1 36,574.75$ 36,574.75$ 205,000.00$ 205,000.00$ 13 Indemnification LS 1 100.00$ 100.00$ 100.00$ 100.00$ Subtotal 873,250.75$ 1,816,100.00$ 14 10% Contingency LS 1 87,325.08$ 87,325.08$ 181,610.00$ 181,610.00$ GRAND TOTAL 960,575.83$ 1,997,710.00$ TLC Diversified Inc. 2719 - 17th St. E. Palmetto, FL 34221 MARSHALL STREET WRF DIGESTER DEMOLITION PROJECT # 09-0024-UT City of Clearwater, Florida Bid Tabulation Sheet GHD 5904 Hampton Oaks Pkwy, Suite F Tampa, FL 33610 SECTION V Page i Updated: 5/10/2018 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 3 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 7 PROPOSAL/BID BOND ............................................................................................................................ 8 AFFIDAVIT ................................................................................................................................................ 9 NON COLLUSION AFFIDAVIT............................................................................................................ 10 PROPOSAL ............................................................................................................................................... 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 13 BIDDER’S PROPOSAL ........................................................................................................................... 14 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 16 SECTION V – Contract Documents SECTION V Page 1 of 16 Updated: 5/10/2018 Bond No.:________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER GHD Services, Inc. 5904 Hampton Oaks Pkwy Suite F, Tampa, FL 33610 (813) 971-3882 [name] [principal business address] [phone number] City of Clearwater Engineering Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4747 PROJECT NAME: MARSHALL ST. WRF DIGESTER DEMOLITION PROJECT NO.: 09-0024-UT PROJECT DESCRIPTION: This work in the project includes: the demolition, removal and disposal of the digester at the Marshall St. WRF. BY THIS BOND, We, __________________________________, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $ 960,575.83 for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of Marshall St. WRF Digester Demolition the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and 3. SECTION V – Contract Documents SECTION V Page 2 of 16 Updated: 5/10/2018 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 4. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 5. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 6. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 7. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 8. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). GHD Services, Inc. By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 3 of 16 Updated: 5/10/2018 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 2018 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and GHD Services, Inc. , of the City of Tampa , County of Hillsborough and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: MARSHALL ST. WRF DIGESTER DEMOLITION PROJECT NO.: 09-0024-UT in the amount of $ 960,575.83 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 4 of 16 Updated: 5/10/2018 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 5 of 16 Updated: 5/10/2018 CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 6 of 16 Updated: 5/10/2018 CONTRACT (4) 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: George N. Cretekos, Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 7 of 16 Updated: 5/10/2018 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: Marshall ST. WRF Digester Demolition Engineering Dept. PROJECT NO.: 09-0024-UT 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO. : [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: [__________] Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of GHD Services, Inc. 5904 Hampton Oaks Pkwy, Suite F Tampa. FL 33610 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Dept. 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): WORK ORDER INITIATION FORM 1 of 7 Revised: 11/29/2017 KING ENGINEERING ASSOCIATES, INC. SUPPLEMENTAL WORK ORDER for the CITY OF CLEARWATER Date: August 27, 2018 Engineer Project Number: 2110-210-001 City Project Number: 09-0024-UT City Plan Set Number: 2014032 1. PROJECT TITLE: Marshall Street Water Reclamation Facility Digester Demolition Design and Permitting 2. SCOPE OF SERVICES: In 2013, the City decided to demolish the existing digester at the Marshall Street Water Reclamation Facility (WRF) to make space available for future equalization basin facilities. On November 8, 2013, the City issued a work order to King Engineering Associates, Inc. (ENGINEER) to provide design, permitting and construction phase services for this work. Upon initiating the work, existing conditions were discovered that eventually led to the need for a more complicated demolition process than had been anticipated. These conditions included a need to remove a tree growing in the digester without damaging the cover; the possibility that a damaged cover, which had been submerged for over 10 years, could fall into the digester and, in turn, damage existing piping and cause a subsequent release of potentially toxic material to the environment; an inability to sample the submerged digester cover for potentially hazardous materials; and, incomplete record drawings causing a requirement for special foundation (pile) demolition. All of these conditions led to the development of a complicated sequence of construction for properly removing and disposing of liquids and solids in the digester and for its demolition and disposal in a lawful manner. In addition, the City requested the ENGINEER make revisions to previously approved methods for disposal and recycling of the digester liquids, including the use of the anoxic tanks and WORK ORDER INITIATION FORM 2 of 7 Revised: 11/29/2017 development of alternate criteria allowing the recycling of water to the treatment plant and/or off-site hauling. The cost of performing this work depleted the contingency budget (Tasks 8). Lastly, during this process, the City experienced a failure of its influent pump station at the Marshall St WRF that resulted in significant delays to the project. These delays, in turn, were accompanied by personnel turnover at the City that delayed the project even further. In light of the foregoing, the City has requested additional engineering and observation assistance during construction due to the more complicated demolition process. Also, because of the 5-year delay in the project, the City recognizes the need for additional project management services through the construction period, the need to modify the cover sheet to meet updated City standards, and an adjustment to account for changes in billing rates. Lastly, it is necessary to replenish the contingency budget. This Work Order authorizes ENGINEER to provide the services discussed above as more specifically set forth below. I. PRE-DESIGN PHASE Task 9 - Project Coordination During Construction • Coordinate the activities of King’s staff and subconsultants with those of the City and administer communications among the project team members and with the City’s staff. • Maintain and update monthly project schedules and status reports. • A health and safety plan will be prepared, submitted, and approved by the City Project Manager prior to mobilizing to the site. II. FINAL DESIGN PHASE - N/A III. BIDDING PHASE - N/A IV. CONSTRUCTION PHASE Task 11.1 - Additional Construction Site Assistance ENGINEER’S engineer of record and/or project engineers will provide additional construction-related services, including subconsultant electrical engineering services, and make additional visits to the site during critical phases of construction, up to a total of 32 hours, to assist the City and the contractor comply with contract requirements and resolve potential differing site conditions. Task 11.2 – Additional Construction Observation WORK ORDER INITIATION FORM 3 of 7 Revised: 11/29/2017 ENGINEER will provide up to 120 hours of additional on-site observation services, and submit daily observation reports on a weekly basis. Task 11.3 – Project Dossier At the conclusion of the project, ENGINEER will combine construction documents, including correspondence, meeting minutes, contract documents, change orders, field orders, RFIs, work change directives, addenda, additional drawings issued subsequent to the execution of the contract, progress reports, shop drawings, progress submittals, regulatory correspondence, and other project-related documents into a project dossier and submit to the City for review and comment. The project dossier will be submitted electronically on CD/DVDROM. We have budgeted for up to one round of City review and comment. V. CONTINGENCY ALLOWANCE Task 12 – Contingency Services ENGINEER will provide other additional engineering services, not included in the original Work Order or this Supplemental Work Order, as requested by the City. 3. PROJECT GOALS: Project deliverables will be submitted in accordance with Attachment “A” and will include the following: 1. Copies of the drawings for bidding purposes: Two (2) signed and sealed hardcopies, digital pdf, AutoCAD. 2. Addenda (up to 2). 3. Recommendation of contract award. 4. Up to eight (8) signed and sealed sets of plans for Planning/building permit. 4. BUDGET: See Attachment “B”. This price includes all labor and expenses anticipated to be incurred by King Engineering Associates, Inc. for the completion on a Cost Times Multiplier Basis, for a fee not to exceed Fifty Two Thousand One Hundred Ninety Two Dollars and Zero Cents ($52,192.00). There are no permit application fees associated with this project. 5. SCHEDULE: The project is to be completed in accordance with the City’s bidding and construction schedule. 6. STAFF ASSIGNMENT: ENGINEER’S Staff Principal: Christopher F. Kuzler, P.E. WORK ORDER INITIATION FORM 4 of 7 Revised: 11/29/2017 Project Manager: Thomas A. Traina, P.E. Project Engineers: Jeff Elick, P.E. Site Observation Representatives: Orlando Serrano, Brett Myers Designers: Mark Gladbach Clerical: Paula Eldon City’s Staff: Duy Nguyen Project Manager Jason Jennings Public Utilities Liaison Ryan Alexander Public Utilities Site Representative (Marshall St. WRF Chief Operator) Jeremy J. Brown, PE Utilities Engineering Manager Richard G. Gardner, PE Public Utilities Assistant Director 7. CORRESPONDENCE/REPORTING/COMMUNICATION PROCEDURES: ENGINEER’S project correspondence shall be directed to Thomas A. Traina, PE. All City project correspondence shall be directed to the Project Manager, with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. ENGINEER shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prior to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to: City of Clearwater Engineering Department Attention: Veronica Josef, Senior Staff Assistant PO Box 4748 Clearwater, Florida 33758-4748 Contingency services will be billed as incurred only after written authorization is provided by the City to proceed with those services. City Invoicing Code: 3277327-561300-96664 WORK ORDER INITIATION FORM 5 of 7 Revised: 11/29/2017 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number, Project Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A short narrative summary of activities completed in the time period D. Contract billing method – Lump Sum or Cost Times Multiplier E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The ENGINEER named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Christopher F. Kuzler, P.E. D. Scott Rice, P.E. Executive Vice President City Engineer King Engineering Associates, Inc. City of Clearwater ___________________ ___________________ Date Date Attachment “A” WORK ORDER INITIATION FORM 6 of 7 Revised: 11/29/2017 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the ENGINEER shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the ENGINEER shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” WORK ORDER INITIATION FORM 7 of 7 Revised: 11/29/2017 Marshall Street Water Reclamation Facility Digester Demolition - Additional Services King Engineering Associations, Inc. SUPPLEMENTAL WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total I. PRE-DESIGN PHASE 9 Project Coordination $7,151 $7,151 Total Pre-Design Phase $7,151 IV. CONSTRUCTION PHASE 11.1 Additional Construction Site Assistance $1,450 $15,936 $17,386 11.2 Additional Construction Observation $14,291 $14,291 11.3 Project Dossier $3,364 $3,364 Total Construction Phase $35,041 V. CONTINGENCY ALLOWANCE 12 Contingency Services $10,000 $10,000 Total Contingency $10,000 Grand Total $52,192 PROJECTLOCATIONN BETTY LN H A R B O R D R ROLLEN RD OVERBROOKAVEDOUGLAS AVE HOLT AVE MARSHALL ST ENGMAN ST N MARTIN LUTHER KING, JR. AVE FULTON AVE PINELAND DR RUSSELL ST PALM BLUFF ST FAIRBURN AVE SYLVAN DR SANDY LN CARLTON ST S T E V E N S O N'SDR CLAIRE DR OVERLEA ST TERRACE RD FAIRMONT ST N WASHINGTON AVE WEST AVE SPRINGDALE ST BROOK RD N MADISON AVE TAFT AVE NMISSOURIAVEDOUGLAS AVE N MADISON AVE ENGMAN ST F A IR MONT ST LASALLE ST LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM DN N.T.S.269B 10-29s-15e08/28/2018Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Marshall Street Water Reclamation FacilityDigester Demolition (Contract #09-0024-UT) Path: V:\GIS\Engineering\Location Maps\MS WRF Digester Demolition 09-0024-UT.mxd Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5280 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a contract to Sun Print Management of Tampa, FL in the annual amount of $160,000.00 for printer hardware, supplies, and enterprise maintenance services for the period November 1, 2018 through October 31, 2019 with two one-year renewals in the same amount at the City’s option, in accordance with Code of Ordinances Section 2.564(1)(d) Other Government Bid; increase current term Contract 900094 (ending October 31, 2018) with Sun Print Management by $9,500 for a new total of $134,500.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: Sun Print Management is the City’s incumbent vendor for printer hardware, supplies, and enterprise maintenance services, supporting 156 multi-function and print-only devices in a print management environment. The managed devices produce approximately 64,000 prints per month (or 768,000 prints per year) at an average monthly expense of approximately $11,000. The Information Technology Department reviewed several existing State and Local print service contracts. Due to our relatively small device count and print volumes it was determined that joining an existing governmental contract would be the most cost-effective option as opposed to soliciting our own bid responses. The Sun Print Management terms do not obligate the City to commit to buying or leasing individual devices for a fixed period, and print devices can be added or removed from the environment without penalty or a commitment of time. The increase to Contract #900094 is to pay anticipated invoices for the current term of service (through October 2018) prior to the initiation of the new contract term. Vendor selection is in accordance with Sec. 2.564(1) (d), Code of Ordinances - Other government bid. The City will piggyback on the School Board of Clay County Bid # 18-SCH-89 Laser Printer, Cost Per Print Program County Wide. Sun Print Management has been awarded as a secondary service provider under the Clay County Bid # 18-SCH-89. Page 1 City of Clearwater Printed on 10/25/2018 File Number: ID#18-5280 APPROPRIATION CODE AND AMOUNT: Fiscal Year 2018/19: 09861-530100 $160,000.00 Anticipated budgetary request for Fiscal Year 19/20: $160,000.00 Anticipated budgetary request for Fiscal Year 20/21: $160,000.00 Page 2 City of Clearwater Printed on 10/25/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5314 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the 2019 City Council Meeting Schedule. SUMMARY: Generally, City Council meetings are at 6:00 p.m. on the first and third Thursday of each month. The accompanying work sessions are at 9:00 a.m. on the preceding Monday, unless the Monday is a holiday, in which case the work session is on Tuesday. Per Council Rules, no meetings are held the first Thursday in January and July and the third Thursday in December. Please note the following exceptions: ·The February 18 work session has been moved to Tuesday, February 19 at 9:00 a.m. due to President’s Day. ·The August 15 council meeting has been moved to Wednesday, August 14 due to the Florida League of Cities Annual Conference. ·The September 2 work session has been moved to Tuesday, September 3 at 9:00 a.m. due to Labor Day. ·The September 30 work session has been moved to Wednesday, October 2 at 9:00 a.m. due to Rosh Hashanah. ·The October 17 council meeting start time has been moved to 5:00 p.m. due to Jazz Holiday. Page 1 City of Clearwater Printed on 10/25/2018 2019 Council Schedule Intranet (last rev.09-11-2018) 2019 CITY COUNCIL MEETING SCHEDULE DRAFT WORK SESSION Time CITY COUNCIL MEETING Time Completed Items & attachments due to Agenda Program Items due to City Clerk Monday January 14 9:00 a.m.Thursday January 17 6:00 p.m.December 28, ‘18 January 7 Monday February 4 9:00 a.m.Thursday February 7 6:00 p.m.January 18 January 28 Tuesday February 19 9:00 a.m.Thursday February 21 6:00 p.m.February 4 February 11 Monday March 4 9:00 a.m.Thursday March 7 6:00 p.m.February 15 February 25 Monday March 18 9:00 a.m.Thursday March 21 6:00 p.m.March 4 March 11 Monday April 1 9:00 a.m.Thursday April 4 6:00 p.m.March 18 March 25 Monday April 15 9:00 a.m.Thursday April 18 6:00 p.m.April 1 April 8 Monday April 29 9:00 a.m.Thursday May 2 6:00 p.m.April 15 April 22 Monday May 13 9:00 a.m.Thursday May 16 6:00 p.m.April 29 May 6 Monday June 3 9:00 a.m.Thursday June 6 6:00 p.m.May 20 May 24 Monday June 17 9:00 a.m.Thursday June 20 6:00 p.m.June 3 June 10 Monday July 15 9:00 a.m.Thursday July 18 6:00 p.m.July 1 July 8 Monday July 29 9:00 a.m.Thursday August 1 6:00 p.m.July 15 July 22 Monday August 12 9:00 a.m.Thursday August 14 6:00 p.m.July 29 August 5 Tuesday September 3 9:00 a.m.Thursday September 5 6:00 p.m.August 19 August 26 Monday September 16 9:00 a.m.Thursday September 19 6:00 p.m.August 30 September 9 Wednesday October 2 9:00 a.m.Thursday October 3 6:00 p.m.September 16 September 23 Monday October 14 9:00 a.m.Thursday October 17 5:00 p.m.September 30 October 7 Monday November 4 9:00 a.m.Thursday November 7 6:00 p.m.October 21 October 28 Monday November 18 9:00 a.m.Thursday November 21 6:00 p.m.November 4 November 8 Monday December 2 9:00 a.m.Thursday December 5 6:00 p.m.November 18 November 25 Monday December 16 9:00 a.m.Thursday December 19 6:00 p.m.December 2 December 9 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5321 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Appoint two members to the Brownfields Advisory Board, Leedrilla Jenkins as the Resident representative and Mark T. Parry as the Government representative with terms to expire November 30, 2022. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: ** MEMBERS: 9 CHAIRPERSON: Joseph DeCicco - Chair MEETING DATE: As Called PLACE: Determined when called STAFF LIAISON: Diane Hufford APPTS. NEEDED: 2 SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH WILL BE EXPIRING AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Jamie A. Blackstone - 305 Spring Ct., 33755 - Investor/Sales Original Appointment: 5/04/06 (currently serving 3rd term until 11/30/18) (Resident) 2. Mark T. Parry - 1655 Linwood Drive, 33755 - City Planner Page 1 City of Clearwater Printed on 10/25/2018 File Number: ID#18-5321 Original Appointment: 8/04/16 (currently filling unexpired term until 11/30/18) (Agency or Gov. Rep.) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Leedrilla Jenkins - 1114 South Missouri Ave., #312, 33756 - LSF Head Start Pinellas County (Resident) 2. Mark T. Parry - 1655 Linwood Drive, 33755 - City Planner Interested in Reappointment: YES (Agency or Gov. Rep.) Zip codes of current members: 5 at 33755 1 at 33759 1 at 33767 1 at 33770 1 at 33773 Current Categories: 3 Agency or Government rep. 3 Business Owner or rep. 3 Residents Page 2 City of Clearwater Printed on 10/25/2018 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD Name: Mark T. Parry Home Address: 1655 Linwood Drive Clearwater, FL Zip 33755 Telephone: 727 - 742 -2461 How long a resident of Clearwater? 18 years Occupation: City Planner Field of Education: Landscape Architecture; Planning; Environmental Planning and Design Office Address: 100 South Myrtle Avenue Clearwater, FL Telephone: 727 - 562 -4741 Zip 33756 Employer: City of Clearwater Other Work Experience: Intern — Institute for Responsible Management; Environmental work; water /soil sampling — CardnoTBE If retired, former occupation: Community Activities: Other Interests: reading, kayaking, fishing; walking Board Service (current and past): Additional Comr6ents: Signed: / Category Applying For: X ) Agency involved in Brownfields redevelopment Board Preference: Clearwater Brownfields Advisory Board RECEIVED Date: 06 -29 -16 JUL 01 2016 OFFICIAL RECORDS AND LEGISLATIVE SRVCS DEPT Business Owner ( must own a business within the Designated Brownfield Area) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Please return this application and board questionnaire to the Official Records & Legislative Services Department, P.O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To provide a planning and City perspective as related to brownfields issues and opportunities and to help guide development and redevelopment opportunities within the brownfield area. 2. Have you ever observed a board meeting either in person or on C -View, the City's TV station? No 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? City resident since 1998; City Planner for 10 years; interned with the Institute for Responsible Management in college (this was the original information clearinghouse for the brownfields pilot back in the 1990s): Conducted soil and water sampling when I worked with CardnoTBE — this involved grey and brownfields sites. Lead Planner with regard to downtown development and issues in which much of the Citv's brownfield area is located. 4. Why do you want to serve on this Board? To help play an active role in appropriate downtown development and help properties within the brownfields area become productive, contributing sites to the overall economy and specifically to the downtown planning area. Name: Mark T. Parry, AICP, Senior Planner Board Name: Clearwater Brownfields Advisory Board Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5324 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Appoint two members to the Municipal Code Enforcement Board with terms to expire October 31, 2021. SUMMARY: BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Wayne Carothers MEETING DATES: 4th Wed., 1:30 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Robert Prast - 37 Bohenia Circle S., 33767 - Retired/BS Chemistry Original Appointment: 11/05/15 (1 Absence in the past year) Interest in Reappointment: YES (currently serving 1st term to expire 10/31/18) 2. James E. Strickland - 1637 Cleveland St., 33755 - Insurance Claims Adjuster Original Appointment: 3/31/10 (currently serving 2nd term to expire 10/31/18) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Page 1 City of Clearwater Printed on 10/25/2018 File Number: ID#18-5324 1.Jonathan Barnes - 1613 Maple St., 33765 - Humanities/Fine Arts 2.Greg A. Brown - 1279 Bermuda St., 33755 - Production Manager 3.Munodaoni (Monda) Williams - 711 S. Lincoln Ave., #A7, 33756 - Realtor Zip codes of current members: 2 at 33755; 1 at 33756; 1 at 33764; 3 at 33767 Current Categories: 1 Business, Finance, Real Estate 1 Ins. Claims Adjuster 1 Retired/BA Inst. Court Management 1 Retired Engineer 1 Retired/BS Chemistry 1 Retired/Exec. Dir. Clearwater Beach Chamber of Commerce 1 Sales/Service Page 2 City of Clearwater Printed on 10/25/2018 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name: Jonathan Barnes Home Address: Office Address: 1613 Maple St. Clearwater 2465 Drew St. Clearwater Zip 33765 Zip 33765 Telephone: 727 631 7095 Telephone: 727 631 7095 Cell Phone: 727 631 7095 Email Address: lonathanbarnes101 @gmail.com How long a resident of Clearwater? 7 years Occupation: department chair of humanities and fine arts Employer: St. Petersburg College Field of Education: Other Work Experience: Masters of Fine Arts in Ceramics Teaching lab specialist for Fine Arts at SPC BA in Graphic Design Assistant Manager at Bass Pro Shops Orlando (Fly Fishing), If retired, former occupation: Community Activities: Empty Bowls Fund raiser for RCS Pinellas, Contributing Artist for Martinis and Matisse (Clearwater Free Clinic) Other Interests: Art, fishing, cycling, brewing beer, woodwork, Board Service (current and past): Board Preference: Public Art and Design Advisory Board Municipal Code Enforcement Board Additional Comments: Thank you for your consideration, I love living in Clearwater, and would love to help make it better. Signature:lonathan Digitally signed byjonathan Date: 2018.01.02 13:29:19 - 05'00' Date: 1 /2/2018 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits A 2Q18DeclarationofDomicilefiledwiththecityclerkaffirmingresidencywithincityihst, OFFICIAL RECORDS ANDLEGISLATIVESRVCSDEPT. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Attend meetings and actively engage in matters regarding building, code enforcement, zoning. 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? no. 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? As a resident of the city of Clearwater, it would be nice to be actively involved in the development/ code/ of a place that I am so fond of. Name: Jonathan Barnes Board Name: Municipal code enforcement board CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS must be Clearwater resident) Please type or print clearly. Name:' 27 Home Addres : 0/6We (th -k'e 1:7—( Zip .5 7s.5- Telephone: ? , 7 2 ( Cell Phone: How long a resident of / Clearwater? / Occupation: f!/C/''a .%,44/44.7 -'c Field of Education: t "[ /'96 /d /p4j11 f7 7 1 r f 74 Office Address: Zip Telephone: Email Address: Employer: Other Work Experience: 47e1--e ,A5777-76Wei /i/ A',2;/1-y /1i6/5/c/ If retired, former occupation: Community Activities:(;/ (7 'c '/ ;1{ tve? , `Lf2 1/1/ /e L f S /4- 11%. /frild6/1e4,,In--IJRIXrcrc Other Interests C(rL /r / / P/ , i l 49ee(;-zie (4 f- Board Service (current and past): Board Preference: Additional Comments ZCs& c l -`s' G'/ f 2 // G 2 7)4-e ibez_k-62.47e Air/ i/a4-c/- Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758 -4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy ofoneofthefollowing: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits SEF 13 2016 OFFICIAL CORDS AND LEGISLATIVE SliVCS DEPT BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? l G r > ?; zc/: /c' sc v , ' i yi c;)e,'2' % d m o/L1,-cI / (d li TI NY i PpD(y e- E' EN 2 Gi of C t304 2. Have you ever observed a board meeting either in person or on the City's TV station C -View? ie c7, /71 _ 3. What background and /or qualifications do you have that you feel would qualify you to serve on this Board? 6-7, 267L- &; 9,/-e y %4eaLec4- c re_ r9(-A /-4' ,/,2 7-11.e Y• i7,,Este•,) /9,k-1 X.J/z//6,,p/e__ 4. Why do you want to serve on this Board? 9471 I /cam /74y- < </t 7 / =t' J- F = ' / v /4'• 74 Name: (?T& w Board Name.c?,P...r'71e".-z// Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9161-18 2nd rdg Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9161-18 on second reading, amending the Community Development Code Appendix B, US 19 Zoning District relating to self-storage warehouses. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/25/2018 1 ORDINANCE NO. 9161-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO ADD REQUIREMENT FOR GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE FOR SELF STORAGE WAREHOUSE USE; MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO ALLOW SELF STORAGE WAREHOUSE USE WITH REQUIRED GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE USES IN REGIONAL CENTER SUBJECT TO FLS APPROVAL; MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO MODIFY PARKING REQUIREMENTS FOR SELF-STORAGE WAREHOUSE USE WITH REQUIRED GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE TO SUPPORT PEDESTRIAN ACTIVITY; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “promote employment and transit forms, patterns, and intensities of development.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “encourage development of mixed use destinations at major cross streets.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to have uses that “provide for the design of safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS, the vision of the US-19 Regional Center Plan primarily depicts having multi- story buildings as opposed to single story buildings. WHEREAS, multi-story mixed use buildings with “office” or “attached dwelling” above first floor ground floor Retail, Restaurant, or Office uses are not always feasible to be developed, especially on smaller sized parcels with constraints to meet required parking for multi-story residential or office buildings under the Development Code. WHEREAS, “Automobile service stations” is an allowed passive use in the Regional Center, as provided on Table 2. WHEREAS, “Schools” is an allowed passive use in the Regional Center, as provided on Table 2. 2 WHEREAS, “Parking garages” is an allowed passive use in the Regional Center, as provided on Table 2, that allows for the storage of vehicles. WHEREAS, “Self-storage warehouse,” is a passive use that allows for the storage of things which is not allowed in the Regional Center per Table 2. WHEREAS, the City of Clearwater recognizes the active use of ground floor Retail, Restaurant, or Office uses for the Regional Center because Table 2 allows for standalone single story Retail, Restaurant, or Office uses by right. WHEREAS, “Self-storage warehouse” use, when combined with ground floor Retail, Restaurant, or Office, changes the character of self-storage warehouse’s passive use to an active use that is more active than parking garages, schools, automobile service stations, and some other existing allowed uses in the Regional Center. WHEREAS, the uses allowed in Regional Center, as provided on Table 2, currently make no distinction between a standalone “Self-storage warehouse” use and a mixed use building with “Self-storage warehouse” and ground floor Retail, Restaurant, or Office uses. WHEREAS, “Self-storage warehouse” use when combined with ground floor Retail, Restaurant, or Office uses “promotes employment and transit forms, patterns, and intensities of development.” WHEREAS, “Self-storage warehouse” use when combined with ground floor Retail, Restaurant, or Office uses “encourage development of mixed use destinations at major cross streets” because it can eventually be converted to residential or office above the ground floor. WHEREAS, “Self-storage warehouse” when combined with ground floor Retail, Restaurant, or Office uses “provides for the safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS the City of Clearwater adopted US 19 Zoning District and Development uses as provided on Table 2 do not allow for “self-storage warehouse,” in the Regional Center, even when combined with ground floor Retail, Restaurant, or Office uses. WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and promote more ground floor Retail, Restaurant, or Office uses in the Regional Center to further the intent and purpose of the US-19 Zoning Districts & Standards Plan; and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision; now therefore, 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That TABLE 2, Appendix B of the Community Development Code be amended to read as follows: Section B-303. - Permitted uses and parking. A) Use and Parking Table Permitted uses and approval levels by Subdistricts, along with parking requirements, are listed in Table 2. Use and Parking. Active uses are required at identified key corners, as defined in Section B-303.B. * * * * * * * * * * Table 2. Use and Parking Use Regional Neighborhood Corridor Use Specific Standards Minimum Off- Street Parking Spaces Self- storage warehouse FLS X X FLS 1. In the Corridor Subdistrict, Aaccess doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. 2. Self-Storage may be permitted in the Regional Center Subdistrict provided the following is met: Such use shall only be located on parcels with Street Frontage Type C that do not have any other Street Frontage Type; 100% of the ground floor frontage and a minimum of 20% of the total ground floor area shall include fully-enclosed building space, occupied by retail, restaurant, and/or office uses not associated with the self-storage use; access to all storage units shall be from the building interior; and outdoor storage shall be prohibited. 1/150 1/20 self- storage units. plus 2 for manager’s office 4/1,000 sf of non-storage use as required for Self-storage warehouse in the Regional Center. 4 Footnotes: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the use is unlikely to have an adverse impact on such school or use as a place of worship. Key: BCP = Level 1 Minimum Standard (Building Construction Permit). FLS = Level 1 Flexible Standard Development (Community Development Coordinator approval required). FLD = Level 2 Flexible Development (Community Development Board approval required). X = Not Allowed * * * * * * * * * * Section 2. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 3. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ____________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 18, 2018 AGENDA ITEM: E.6 CASE: TA2018-06003 ORDINANCE NO.: 9161-18 REQUEST: To amend the Clearwater Community Development Code, to expand the allowance of self-storage warehouses as a Flexible Standard Use in the Regional Center Subdistrict of the US 19 Zoning District, where it is currently allowed only in the Corridor Subdistrict INITIATED BY: Savelle Clearwater Countryside, LLC BACKGROUND: Pursuant to Community Development Code Section 4-601.B, amendments to the Code may be initiated by the City Council, the Community Development Coordinator or by any person in conjunction with an application for a development approval. Savelle Clearwater Countryside, LLC, owner of property located at 26489 US Highway19, submitted an application for a text amendment to allow self-storage warehouses in the Regional Center Subdistrict of the US 19 Zoning District, along with the required development application. The original proposed text amendment was presented to the Community Development Board at its August 21, 2018 meeting. Prior to the Board making a recommendation, the applicants’ requested a continuation to a date uncertain to allow time to make changes to the proposed amendments. The applicant submitted the revised text amendment for staff review. The remainder of this staff report has been updated to reflect the amended application. The US 19 Zoning District allows this warehouse use but limits it to the Corridor Subdistrict. This amendment is being initiated because this property is located within a Regional Subdistrict and the owner has a pending purchase agreement with Broome Capital, a real estate investment and development company that pursues infill self-storage development opportunities. According to Broome’s website, their “. . . primary takeout objective is to select sites and design high quality facilities in strong retail locations that the self-storage REITS are aggressively procuring.” Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 2 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Planning for US Highway 19 The City of Clearwater, with the assistance and support of Forward Pinellas and Pinellas County Economic Development has invested significant time and resources planning for the redevelopment of the US Highway 19 corridor. The goal for these efforts is to reposition the corridor to make Clearwater a more economically competitive, sustainable, and livable community. Efforts began as early as 2008, when the Clearwater Comprehensive Plan designated the areas around Countryside Mall and Clearwater Mall as activity centers through the Citywide Design Structure (Map A-14), which serves as the City’s guide to development and land use decisions. Additionally, the area in between these centers and to the City limits were identified as a redevelopment corridor. In 2011 Clearwater Greenprint recognized the opportunity to create vibrant, mixed-use, transit- supportive activity centers on US Highway 19 that link people with jobs and services and the need to incentivize such development. In that year the City also completed the Economic Development Strategic Plan which is organized around the core goals of pursuing tax base diversification, higher paying jobs, and business vitality. A priority strategy identified in the Plan is to establish an employment center overlay district to encourage higher-wage employment along US Highway 19 due to its transportation access and strategic location in region. The Plan’s objective for the corridor is to facilitate development projects generating higher wage jobs for the region by permitting higher density development and transitioning out incompatible uses. In 2012 the City Council approved the US 19 Corridor Redevelopment Plan which is a guiding document that contains strategies to leverage the corridor’s unique locational advantages, capitalize on market opportunities and maximize benefits of planned transit and transportation improvements. A major component of the Plan is organizing the corridor into three different revitalization areas – regional and neighborhood centers and corridor areas - that have different objectives based on different locational characteristics. The Plan also includes general guidance on design standards to ensure projects along the corridor contribute to the creation of more compact, accessible, and attractive pedestrian- and transit-friendly destinations. Revitalization and redevelopment strategies provide more details on how to achieve this vision. During this same time, the Pinellas Planning Council, now known as Forward Pinellas, prepared a significant update to the Countywide Plan which created the framework for the City to designate US Highway 19 with activity center and multimodal corridor designations on the Countywide Map and on the City’s future land use map. These amendments resulted in significant increases in development potential to ensure critical mass for transit-supportive development. US 19 Zoning District and Design Standards The culmination of the above planning work was the adoption of the US 19 Zoning District and Development Standards in 2017 and the rezoning of seven miles along US Highway 19. The District established three subdistricts to govern development potential, uses and parking: Regional Center, Neighborhood Center and Corridor. According to the US 19 Corridor Redevelopment Plan regional centers are appropriate for mixed-use development with an emphasis on employment-intensive and transit supportive uses. Two areas previously designated as activity centers in the Clearwater Comprehensive Plan are the two Regional Center Subistricts - the Countryside/Westfield and Clearwater Mall areas. The Neighborhood Centers are applied to areas planned to serve as local shopping and employment destinations and are generally located between Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 3 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Northeast Coachman and Sunset Point Roads, Curlew Road, and between Nursery and Belleair Roads. The remainder of US Highway 19 is designated Corridor where a wide range of employment-intensive office uses is favored over small-scale retail uses and greater flexibility is provided for site design and larger front landscaped areas required. To facilitate the goals and objectives of the City’s planning efforts, allowable uses and development potential of each Subdistrict reflect the stated objectives and design standards to ensure the uses, development pattern and desired activity is consistent with the vision. Development potential for the Subdistricts are as follows: Regional Center – 2.5 FAR; Neighborhood Center – 1.5 FAR; and Corridor – 1.5 FAR. The US 19 Zoning District and Development Standards is a form based code, and the standards are intended to ensure that new buildings and significant renovations and additions are designed in accordance with the vision in the US 19 Corridor Redevelopment Plan. Development is regulated by subdistrict, as previously described, as well as by street frontage type. Street Frontage Types A and B identify the most pedestrian- and transit-oriented locations along major streets crossing US 19 and along US 19 frontage roads, respectively. Street Frontage Type C also identifies pedestrian- and transit-oriented locations along US 19 while introducing limited front parking areas. Street Frontage Types E and F are the least pedestrian- and transit-supportive by design and are designated on properties consistent with this approach. PROPOSED CODE AMENDMENT: The applicant is proposing to revise Section B-303.A, Table 2, Use and Parking to allow self- storage warehouse as a Flexible Standard Use in the Regional Center Subdistrict. Currently, this use is allowed within the US 19 Zoning District but only in the Corridor Subdistrict. Use specific standards are also proposed for those warehouses located in the Regional Center Subdistrict. Specifically, the amendment would limit the use to parcels with Street Frontage Type C that do not have any other Street Frontage Type. Additionally, 100% of the ground floor frontage and a minimum of 20% of the total ground floor area would be required to be occupied by retail, restaurant and/or office uses. These standards would also require access to the storage units from the building interior and would prohibit any outdoor storage. The applicant is proposing significant changes in the minimum off-street parking requirements for self-storage warehouses whether located in the Corridor Subdistrict or in the Regional Center Subdistrict. The current parking requirement is one parking space for every 20 units plus two spaces for the manager’s office. The proposed amendment would change that to one parking space for every 150 storage units for the warehouse use. As commercial uses would be required to occupy a portion of the ground floor frontage in the Regional Center, the applicant is proposing a standard of four parking spaces for every 1,000 square feet of retail, restaurant and office space, consistent with the current standard for such uses elsewhere in the District. Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 4 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION ANALYSIS: Use Considerations Permitted uses in the US 19 Zoning District are organized by Subdistrict. Because the Regional Center Subdistrict objectives focus on creating an environment conducive to attracting high wage employment, activity and transit, the list of uses permitted is very deliberate. Economically unproductive land uses and those that do not generate people and activity, or support transit were not included, while economically productive uses such as light assembly were added throughout the District. While it is recognized the corridor is a place to accommodate a large variety of uses, with the exception of dirty industry, not all uses are appropriate in all Subdistricts. Uses excluded from the Regional Center or Neighborhood Center Subdistricts are generally allowed in the Corridor. Examples include nursing homes, animal boarding, outdoor recreation/ entertainment, problematic uses, self-storage warehouses, social and community centers, and limited vehicle service. These uses were excluded from key locations because they typically do not generate activity or high wage employment. According to Sparefoot.com, 9.5 percent of households in the U.S. rent a self-storage unit. Clearly this use serves a community purpose by providing residents and businesses with a place to store items due to downsizing, renovations, death, divorce, dislocation, expanding inventory, etc. When determining which uses should be allowed where in the City, traffic generation is an important factor to consider. According to The Lock-Up Self Storage, self-storage warehouses generate less traffic per square foot than almost any other use and draw only six percent of the traffic of a similarly sized retail development. This data clearly illustrates people do not frequent self- storage warehouses. Lack of activity in an urban environment creates dead zones. While lack of traffic and activity can be beneficial in certain locations, that is not the case for Regional Centers. Self- storage warehousing is not a use that will positively contribute to an activity center as it is a place for things and not people. The US 19 Zoning District makes a place for this use in the Corridor Subdistrict, which includes 473 acres in areas adjacent to and in close proximity to the Regional Center Subdistricts. Cities in Pinellas County and across the country are dealing with the onslaught of new self-storage warehouse uses, many of which are consuming key sites in redevelopment areas that would otherwise be available for uses that generate activity and jobs. Due to the concerns with the consumption of valuable land for warehousing purposes, cities are taking a variety of approaches such as prohibiting self-storage warehouses in certain zoning districts, instituting distance requirements between self-storage uses, prohibiting warehouses within a certain distance from specific zoning districts, instituting design criteria and requiring a mix of uses, etc. The City of Clearwater has accommodated self-storage warehouses in the Commercial (C) and Industrial, Research, and Technology (IRT) zoning districts and most relevant to this request, in the Corridor Subdistrict of the US 19 Zoning District (which abuts the Regional Center Subdistricts). The use is allowed in the Downtown District provided it is accessory to another principal use. According to industry leader The Lock Up Self Storage, a FAR of 0.8 – 1.2 will accommodate most self- storage projects; the Corridor Subdistrict has a FAR of 1.5. At present there are two pending site plan applications for new self-storage warehouses in the City of Clearwater. One is in the Commercial (C) zoning district which has a FAR of 0.55 and the other is on a site zoned both Commercial (C) and Industrial, Research and Technology (IRT) with a FAR of 0.55 and 0.65 Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 5 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION respectively. Both projects are proposed at the maximum allowable FAR and meet the required parking. This text amendment primarily benefits self-storage warehouse developers as the 2.5 FAR afforded in the Regional Center Subdistrict will enable warehouses to be constructed on smaller properties which in turn allows the developer to purchase less land than would be required in the Corridor Subdistrict and other zoning districts. Use Specific Standards In an attempt to mitigate the concerns about self-storage warehouses in the Regional Center Subdistrict, the applicant is proposing some use specific standards:  Preclude use from locating anywhere except on Street Frontage Type C  Require 100% of ground floor frontage and a minimum of 20% of the total ground floor area to be occupied by retail, restaurant, and/or office uses not associated with the self- storage warehouse use  Require access to all storage units from the building interior  Prohibit outdoor storage Precluding self-storage from Street Frontage Types A or B will prevent them from locating at key corners. Requiring some commercial space is an attempt to activate the ground floor, however, the amount of space allocated for non-warehouse use would be insignificant compared to the overall size of the building and property. For an example, the applicant’s development proposal includes 800 self-storage units. The maximum total building area allowed on the site is 88,209 square feet (0.81 acres, 2.5 FAR), which will be used for this example due to discrepancies in gross floor area shown on the submitted plan. (It should be noted the proposed site plan needs to be revised to meet the requirements of the US 19 Zoning District and to reflect some changes made in the text amendment after it was submitted.) Based on the current design, the building has a width of 75 feet along the street frontage, and the proposed ground floor is 16,090 square feet. Twenty percent (20%) of the total ground floor area would require 3,218 square feet of commercial space to be incorporated into the project. This is an inconsequential amount when compared to an overall building size of almost 90,000 square feet (only 3.6% of the total project area). Furthermore, such a small amount of commercial floor area would not create a dynamic mixed-use or employment intensive project consistent with the intent of the Regional Center Subdistrict. (It should be noted that the Community Development Code defines mixed-use as “a combination of residential and non-residential uses on a single property”, which can be either horizontally or vertically mixed [emphases added]. The proposed amendment does not require “mixed-use” consistent with this definition, but rather a mix of uses.) Additionally, the requirement is likely to produce such small commercial spaces they may not be marketable to many retailers/restaurants which typically require an average of 1200 – 3500 square feet (e.g. Metro PCS, Dunkin Donuts, Chipotle, Smoothie King, Starbucks, etc.). In this example the commercial use requirement likely would create one small rentable space. Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 6 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Parking The applicant is proposing to revise the current parking requirement for self-storage warehouses from one space per 20 units plus two for the manager’s office, which is consistent with the requirement in the Commercial (C) and Industrial, Research and Technology (IRT) Districts, to one space per 150 self-storage units. Based on the applicant’s proposed 800 self-storage units, six parking spaces would be required for that component of the project. The requirement for the commercial uses (20% of the total ground floor area) is proposed to be four spaces per 1,000 square feet of floor area. Based on the applicant’s proposed building, an additional 12 spaces would be required for a total of 18 for the proposed project. The minimum parking requirements were streamlined in the US 19 Zoning District with the majority of non-residential uses having the same parking requirement (4 spaces per 1,000 square feet). This decrease in required parking for many uses, compared to what is required in other Districts, facilitates the ability to change uses more easily without required parking acting as a barrier. However, this standard also recognizes the characteristics of the corridor as more auto- oriented than Downtown Clearwater, one of the City’s other major activity centers. Parking is still a necessary component of new development projects in the corridor, but the District’s Development Standards mitigate its impact on walkability through restricting the placement of parking. Economic Development Strategic Plan Considerations Another important factor considered when determining the allowable uses in the Regional Center Subdistrict was how that use contributes to the local economy. Self-storage warehouses were excluded due to the lack of positive economic impact associated with this use. Self-storage generates very few direct and in-direct jobs (typically 3-4) and provides low wages. According to data from Indeed.com average self-storage hourly pay ranges from approximately $9.19 per hour for an Associate to $13.38 per hour for a Store Manager. (According to Indeed.com this information was based on 188 data points collected directly from employees, users and past and present job advertisements on Indeed over the past 36 months.) Assuming Associates and Store Managers are full-time employees, those average wages fall below 80% of the area median income. In sum self-storage warehouse facilities account for low – average wages and are extremely limited employment generation at best which does not meet the objectives of the Regional Center Subdistrict. Allowing this use in the Regional Center Subdistrict will remove what would be an opportunity for productive land in terms of job creation and income. If warehousing is allowed in the Regional Center Subdistrict, there will be a reduction in the land area available to accommodate the number and types of jobs the City is targeting for the Regional Centers. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. A determination should be made whether the proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan, and furthers the purposes of the development code and other city ordinances and actions designed to implement plan. Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 7 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed amendment is inconsistent with and does not further the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals, Objectives and Policies which will be not be furthered by the proposed text amendment to the Community Development Code: Goal A.5 The City of Clearwater shall identify and utilize a Citywide design structure comprised of a hierarchy of places and linkages. The Citywide design structure will serve as a guide to development and land use decisions while protecting those elements that make the City uniquely Clearwater. Policy A.5.1.1 Identify Activity Centers: high intensity, high-density multi-use areas designated as appropriate for intensive growth and an integrated pattern of development that routinely provide service to a significant number of citizens of more than one county or that serve multiple residential communities by providing a mix of neighborhood-serving shopping centers as well as a mix of employment and residential opportunities. Activity centers are composed of multiple destination points, landmarks and character features, and are proximate and accessible to interstate or major arterial roadways or to minor arterial roadways, collector or local major streets, if the activity center is neighborhood serving. Activity Centers are served by enhanced transit commensurate with the type, scale and intensity of use. Policy A.5.4.5 U.S. Highway 19 North from Curlew Road to Belleair Road, including cross streets and Gulf-to-Bay Boulevard east of U.S. Highway 19 North. Amendments to the Future Land Use Map and Zoning Atlas should promote redevelopment and land assembly. Redevelopment should prioritize pedestrian- and transit-supportive street frontages and establish mixed-use destinations at major cross streets that provide safe, attractive and accessible settings in order to create a safe and attractive environment and an economically competitive community. Annexations and the installation of appropriate streetscape improvements should be encouraged. Policy A.5.5.6 Implement design standards for US Highway 19, which has transitioned from a roadway providing land access to a controlled access highway with ramps that are located less than two miles apart. Such standards should allow for higher intensities and a mix of land uses to allow for greater employment opportunities along the corridor, while improving accessibility and safety for cars, people and bicycles. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 8 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION the Chamber of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.1.11 US Highway 19 is recognized on the Countywide Plan Map as a Multimodal Corridor (MMC), with major intersections designated as Activity Center (AC). The applicable Multimodal Corridor and Activity Center subcategories are shown on the Transit-Oriented Land Use Vision Map within the Countywide Plan Strategies. Policy A.6.1.12 Redevelopment of US Highway 19 shall be encouraged through the establishment of development standards which implement the Planning and Urban Design Principles within the Countywide Plan Strategies by allowing for more intense development while also promoting more employment- intensive, transit- and pedestrian-supportive development, establishing mixed-use destinations and providing safe and attractive settings for working, living and shopping. These standards should: a. Concentrate office and other employment-intensive uses in places with easy access to US 19; b. Provide for retail, entertainment and other uses that serve the needs of surrounding neighborhoods; c. Promote high-intensity uses in close proximity to potential or planned transit routes; d. Lessen demands on local and regional street network by maximizing opportunities for the localization of work, shopping and leisure trips; e. Support shared parking and “park once” trips; f. Promote active lifestyles by encouraging walking and biking as convenient alternatives to automobile travel; and g. Contribute to street-level pedestrian activity and the informal surveillance of public spaces. Policy A.6.8.2 Encourage mixed-use development that includes a combination of compatible land uses having functional interrelationships and aesthetic features. Commercial and mixed-use buildings shall be sited to maximize pedestrian connections from the building to adjacent streets. Buildings should be sited and parking arranged to minimize the off-site impacts to residential areas. Because the City recognizes a community need for self-storage, the US 19 District has provided a place for it in the Corridor Subdistrict. A total of 473 acres are available to accommodate that use, which is almost the size of the area governed by Clearwater Downtown Redevelopment Plan. The Corridor, which is outside of the designated activity center, has more flexibility in terms of permitted uses, site and parking lot design and overall form of development due to its location and function. Direct access to a US 19 interchange is less critical to the success for uses like self- storage warehouses with lower volumes of customer traffic, so location within the Corridor Subdistrict is appropriate. Establishing self-storage warehouses in the Regional Center Subdistrict introduces a use which does not support the goals of the activity centers on US Highway 19 as designated on the Citywide Design Structure and does not prioritize or support an employment Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION producing or transit supportive land use in the Regional Center. The Regional Center Subdistrict is an inappropriate place for self-storage warehouses in the US 19 Zoning District. The Corridor Subdistrict is the appropriate place for this use as due to their locational characteristic and the fact the planned level of pedestrian activity and compact development is significantly less than in the Regional Centers. The proposed amendment does not further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment does not further the purposes of the CDC in that it will be inconsistent with the intent and purpose of the US 19 Zoning District and Design Standards as set forth in in CDC Section B-101: The intent and purpose of the US 19 District & Development Standards (“Development Standards”) is to guide the development and redevelopment of sites along US 19 consistent with strategies defined in the US 19 Corridor Redevelopment Plan. The standards are designed to accomplish the following.  Promote employment-intensive and transit supportive forms, patterns and intensities of development;  Encourage the development of mixed use destinations at major cross streets;  Provide for the design of safe, attractive, and accessible settings for working, living and shopping. The proposed text amendment allows a warehouse use in the Regional Center Subdistrict which is the most intensive designated activity center outside of Downtown Clearwater. The Regional Center Subdistrict has a significant FAR allowance to incentivize dynamic high wage employment and commercial activity. Consistent with the Countywide Plan these activity centers are intended to maximize the concentration of jobs and populations along transit routes. Self storage warehouses are antithetical to these goals as they do not attract people and result in dead space in an area where vibrancy and vitality are measures of success. Self-storage is not compatible with the intent and purpose of the Regional Center Subdistrict of the US 19 District or US19 Corridor Redevelopment Plan, regardless of the applicants’ intent to limit it to Street Frontage Type C and to require a limited amount of commercial use in addition to the self-storage warehouse use. The proposed text amendment does not further the following general purposes of the Community Development Code: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 10 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sec. 1-103.B. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by:  Allowing property owners to enhance the value of their property through innovative and creative redevelopment;  Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; and  Strengthening the city's economy and increasing its tax base as a whole. Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. Sec. 1-103.E.9. Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized. As outlined above, the proposed text amendment does not further the goals, objectives and policies of numerous city plans related to the redevelopment of US Highway 19. The proposed addition of self-storage warehouses in the Regional Center Subdistrict does not promote the economic stability of the subdistrict, will not strengthen the economy, and does not establish a use consistent with the purpose and character of the Regional Center. Revised for Community Development Board – September 18, 2018 Community Development Board – August 21, 2018 TA2018-06003 – Page 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is inconsistent with and in direct conflict with the goals and objectives of Clearwater Greenprint, Clearwater Economic Development Strategic Plan, US 19 Corridor Redevelopment Plan and the Clearwater Comprehensive Plan and is inconsistent with purposes of the Community Development Code. Furthermore, it is unnecessary to accommodate the proposed activity. Based upon the above, the Planning and Development Department recommends DENIAL of Ordinance No. 9161-18 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Gina L. Clayton Assistant Planning and Development Director Revised by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9161-18 (Revised 8/24/18) Resume Prepared for: City of Clearwater Economic Development Department P.O. Box 4748 Clearwater, FL 33758-4748 Prepared by October 10, 2018 A COMPARATIVE ANALYSIS OF DEVELOPMENT SCENARIOS AFFECTING THE US 19 ZONING DISTRICT IN CLEARWATER, FL LIMITATIONS Total Impact model is a customized software program licensed to the City of Clearwater Economic Development Department. The model includes estimates, assumptions, and other information developed by Impact DataSource from its independent research effort detailed in City of Clearwater Economic Development Department's Total Impact User Guide. This report presents the results of an analysis undertaken by Impact DataSource, an Austin, TX based economic consulting firm. The analysis derives two scenarios of development that are evaluated with the City of Clearwater's Total Impact model. PURPOSE & Impact DataSource | 2 Executive Summary Introduction…………………………………………………………………………………………4 Background & Summary of Results………………………………………………………4 Scenarios Development Assumptions………………………………………………………………… 5 Economic and Fiscal Impact Analysis of the Scenarios…………………………7 Detailed Impact Analysis Reports Scenario 1 - Self-Storage Scenario………………………………………………………8 Scenario 2 - Standard Use Scenario………………………………………………………22 CONTENTS Impact DataSource | 3 COMPARATIVE DEVELOPMENT SCENARIO ANALYSIS | EXECUTIVE SUMMARY Introduction This analysis illustrates the economic and fiscal impact associated with two hypothetical development scenarios for a site in the City of Clearwater. In the first development scenario, an analysis was completed to determine the impact of development consistent with a proposed amendment to current standards which would allow self-storage warehouses as Flexible Standard Use in the Regional Subdistrict of the US 19 Zoning District. In the second development scenario, an analysis determines the impact of the desired use standards developed by The City of Clearwater, with the assistance and support of Forward Pinellas and Pinellas County Economic Development. Background & Summary of Results The City of Clearwater is considering an amendment to the zoning standards in the US 19 Zoning District of the city. The District's zoning plan seeks to maximize the concentration of jobs and populations along transit routes. Due to the nature of the businesses, self-storage warehouses have the potential to create dead zones in areas intended to be the urban Regional Center Subdistrict. Self-storage units will not drive significant foot traffic or activity as intended in the overall plan. Additionally, per square foot, employment in self-storage warehouses is less dense than other intended uses such as retail or office. Impact DataSource analyzed the employment per acre in various parts of the City of Clearwater to determine the concentration of employment and business activity in these areas. Although the results of this employment concentration analysis may show what has occurred somewhat organically, it aligns with the city's zoning preferences in keeping activity highly concentrated within the Regional Center Subdivision as seen in these results. Table 1. Employment Concentration Throughout Clearwater and in the Zoning Area City of US 19 Zoning Regional Center Clearwater District Subdivision Acres 25,574 2,176 992 Employment 53,839 16,072 8,151 Employment per Acre 2.1 7.4 8.2 As detailed in this analysis, the economic and fiscal impact of the development associated with the standard use in the Regional Center subdivision of the U.S. 19 Zoning district is significantly larger than the impact expected with development matching the self-storage amendment scenario. Additionally, the standard use scenario results in greater employment concentration and taxable value, better matching the City of Clearwater's original overall intent in it's land use plan. Table 2. Comparison of Development Scenarios Derived in this Analysis Self-Storage Office/Retail Scenario 1 Scenario 2 Self Storage Use SF 84,991 0 Retail Use SF 3,218 22,052 Office Use SF 0 66,157 Total Square Feet 88,209 88,209 Construction Cost (Private Developer Assumed)$5,015,351 $10,403,811 Taxable Value $4,343,498 $11,048,464 On-site Employment 9.9 191.1 Indirect & Induced Employment 4.2 93.5 Total Employment Impact 14.1 284.6 Fiscal Net Benefit Impact over 10 Years for City of Clearwater $959,932 $3,504,588 Impact DataSource | 4 COMPARATIVE DEVELOPMENT SCENARIO ANALYSIS | SCENARIOS Development Assumptions Land Use The site is anticipated to be 0.81 acres allowing for a total of 88,209 square feet of development. In Scenario 1, or the Self- Storage Scenario, the proposed amendment requires "100% of ground floor frontage and a minimum of 20% of the total ground floor area to be occupied by retail, restaurant, and/or office uses not associated with the self-storage warehouse use". The 20% ground floor requirement for the Self-Storage scenario is equates to 3,218 square feet and is assumed to be used for retail. Scenario 2, consistent with current use standards, assumes the same 88,209 square feet will be split 25% for retail use and 75% for office use. Table 3. Use Assumptions Self-Storage Office/Retail Scenario 1 Scenario 2 Self Storage Use SF 84,991 0 Retail Use SF 3,218 22,052 Office Use SF 0 66,157 Total Square Feet 88,209 88,209 Construction Cost Relying on localized cost-to-construct data from RSMeans, the development costs were estimated for the two scenarios. The estimated cost to construct the property Scenario 1 is $5.0 million. It is estimated that Scenario 2 would cost approximately twice as much to develop. Table 4. Construction Cost Assumptions Self-Storage Office/Retail Scenario 1 Scenario 2 Self Storage Cost to Construct $55.58 per SF $4,723,800 $0 Retail Cost to Construct $90.60 per SF $291,551 $1,997,934 Office Cost to Construct $127.06 per SF $0 $8,405,877 Total Construction Cost $5,015,351 $10,403,811 Source of construction cost: https://www.rsmeans.com/ Taxable Value For the purposes of this analysis, it is assumed that the taxable value of the building property will be slightly less than the cost to construct. In both Scenario 1 and Scenario 2, it is assumed that the taxable value associated with the building will be 85% of the cost to construct the building. The retail and office components of Scenario 1 and Scenario 2 will also likely support some tangible property that will be subject to tax. Based on properties with similar uses in Pinellas County, Impact DataSource uses $25 per square foot as an estimate of taxable tangible property. Ultimately, the taxable property associated with Scenario 1, the Self-Storage Scenario, is $4.3 million. It is estimated that the taxable property associated with Scenario 2, the standard use scenario, would be $11.0 million. Impact DataSource | 5 COMPARATIVE DEVELOPMENT SCENARIO ANALYSIS | SCENARIOS Table 5. Taxable Value Assumptions Self-Storage Office/Retail Scenario 1 Scenario 2 Taxable Value of Improvements 85% of cost $4,263,048 $8,843,239 Taxable Tangible Property $25.00 per SF*$80,450 $2,205,225 Total Taxable Value $4,343,498 $11,048,464 * Tangible property is estimated at $25 per square foot excluding self storage area. Employment According to materials compiled by the City of Clearwater, the self-storage component of the Self-Storage Scenario would support approximately 3-4 jobs. Employment in the retail portion of the Self Storage Scenario was estimated based on a standard of 500 square feet per worker. In total, Scenario 1 is expected to generate approximately 9.9 new jobs. For consistency, Scenario 2 relies on the same retail square-feet-to-employment ratio as Scenario 1. The number of workers contained in the office space is estimated by assuming 450 square feet per worker. In total, Scenario 2 is expected to generate approximately 191.1 new jobs. Table 6. Employment Assumptions Self-Storage Office/Retail Scenario 1 Scenario 2 Self Storage Employees 24,283 per SF 3.5 0.0 Retail Employees 500 per SF 6.4 44.1 Office Employees 450 per SF 0.0 147.0 Total On-site Employment 9.9 191.1 Workers' Earnings To estimate workers' earnings associated with the employment impact in the two scenarios, Impact DataSource relies on the Regional Input-Output Modeling System (RIMS II), a widely used regional input-output model developed by the U. S. Department of Commerce, Bureau of Economic Analysis. The RIMS II model can produce estimated workers' earnings for various activities or industries. Self-storage activity is categorized as "531130 - Lessors of miniwarehouses and self-storage units". Retail activity is categorized as "44-45 Retail", and Office activity is categorized as "561400 - Business support services". Table 7. Employment Assumptions Self-Storage Office/Retail Scenario 1 Scenario 2 Self Storage Employees $15,462 Avg per worker $54,117 $0 Retail Employees $28,388 Avg per worker $182,703 $1,252,021 Office Employees $31,830 Avg per worker $0 $4,679,520 Total Workers' Earnings $236,819 $5,931,541 Overall Average Workers' Earnings $23,834 $31,036 The total compensation paid to workers in Scenario 1 is $237,000 per year while Scenario 2 is estimated to generate $5.9 million per year for workers. The overall weighted average for workers' earnings is approximately $23,800 in Scenario 1 and approximately $31,000 in Scenario 2. The choice of "Business support services" for the office activity makes Scenario 2 very conservative. Other office uses, such as "541610 - Management consulting services", "5419 - Marketing research and all other miscellaneous professional, scientific and technical services", or "550000 Management of companies and enterprises", are all associated with much higher workers' earnings. Impact DataSource | 6 COMPARATIVE DEVELOPMENT SCENARIO ANALYSIS | SCENARIOS Economic and Fiscal Impact Analysis of the Scenarios Based on the development details for Scenario 1 and Scenario 2 that are outlined above, Impact DataSource conducted two independent economic and fiscal impact analyses of the scenarios. The detailed impact analyses are included as an appendix to this document but a summary of the results is provided below. The first table illustrates the economic impact in terms total jobs to be created in each scenario and total workers' earnings over a 10-year horizon. Table 8. Economic Impact of Scenario 1 & Scenario 2 Over 10 Years Self-Storage Office/Retail Scenario 1 Scenario 2 Jobs Direct 9.9 191.1 Indirect & Induced 4.2 93.5 Total 14.1 284.6 Workers' Earnings Direct $2,593,103 $64,948,714 Indirect & Induced $2,434,923 $37,345,512 Total $5,028,026 $102,294,226 The table below illustrates the company's fiscal impact - the net benefits for local taxing districts - over the next 10 years - including both the existing and expanded operations. Table 9. Fiscal Impact of Scenario 1 & Scenario 2 Over 10 Years Net Benefits Self-Storage Office/Retail Scenario 1 Scenario 2 City of Clearwater $271,167 $1,466,226 Pinellas County $294,728 $974,249 Pinellas County Public Schools $308,804 $862,313 Southwest Florida WMD $13,599 $34,593 Transit District $31,973 $66,324 Juvenile Welfare Board $39,009 $99,226 Pinellas County Planning Council $652 $1,657 Total $959,932 $3,504,588 The economic and fiscal impact of the development associated with the standard use in the Regional Center subdivision of the U.S. 19 Zoning district is significantly larger than the impact expected with development matching the self-storage amendment scenario. Additionally, the standard use scenario results in greater employment concentration and taxable value, better matching the City of Clearwater's original overall intent in it's land use plan. The economic and fiscal impact of the two scenarios is detailed on the following pages. Impact DataSource | 7 EXECUTIVE SUMMARY Prepared for: City of Clearwater Economic Development Department P.O. Box 4748 Clearwater, FL 33758-4748 Prepared using Total Impact by Impact DataSource A REPORT OF THE ECONOMIC IMPACT OF SCENARIO 1 - SELF-STORAGE SCENARIO IN THE CITY OF CLEARWATER, FL September 19, 2018 Scenario 1 - Self-Storage Scenario 8 The Total Impact model is a customized software program licensed to the Cityof Clearwater Economic Development Department. The model includes estimates, assumptions, and other information developed by Impact DataSource from its independent research effort detailed in City of Clearwater Economic Development Department's Total Impact User Guide. The analysis relies on prospective estimates of business activity that may not be realized. City of Clearwater Economic Development Department made reasonable efforts to ensure that the project-specific data entered into the Total Impact model reflects realistic estimates of future activity. No warranty or representation is made by City of Clearwater Economic Development Department or Impact DataSource that any of the estimates or results contained in this study will actually be achieved. PURPOSE & LIMITATIONS This report presents the results of an analysis undertaken by the City of Clearwater Economic Development Department using Total Impact, an economic and fiscal impact analysis tool developed and supported by the Austin, TX based economic consulting firm, Impact DataSource. Scenario 1 - Self-Storage Scenario 9 Economic Impact Introduction…………………………………………………………………………………………4 Description of the Project……………………………………………………………………4 Economic Impact Overview…………………………………………………………………4 Temporary Construction Impact……………………………………………………………6 Fiscal Impact Fiscal Impact Overview…………………………………………………………………………7 City of Clearwater……………………………………………………………………………8 Pinellas County…………………………………………………………………………………10 Pinellas County Public Schools…………………………………………………………11 Benefits for Other Taxing Districts……………………………………………………12 Methodology Overview of Methodology ……………………………………………………………………13 About Impact DataSource……………………………………………………………………14 CONTENTS Scenario 1 - Self-Storage Scenario 10 SCENARIO 1 - SELF-STORAGE SCENARIO | ECONOMIC IMPACT Introduction This report presents the results of an economic impact analysis performed using Total Impact, a model developed by Impact DataSource. The report estimates the impact that a potential project in Pinellas County will have on the local economy and estimates the costs and benefits for local taxing districts over a 10-year period. Description of the Project Economic Impact Overview The Project's operations will support employment and other economic impacts in the community. The 9.9 workers directly employed by the Project will earn approximately $26,000 per year on average over the next 10 years. This direct activity will support 4.2 indirect and induced workers in the community earning $58,000 on average over the next 10 years. The total additional payroll or workers' earnings associated with the Project is estimated to be approximately $5.0 million over the next 10 years. Accounting for various taxable sales and purchases, including activity associated with the Project, worker spending, and visitors' spending in the community, the Project is estimated to support approximately $2.8 million in taxable sales over the next 10 years. Table 1. Economic Impact Over the Next 10 Years Indirect & Direct Induced Total Number of permanent direct, indirect, and induced jobs to be created 9.9 4.2 14.1 Salaries to be paid to direct, indirect, and induced workers $2,593,103 $2,434,923 $5,028,026 Taxable sales and purchases expected in the City $2,268,737 $490,637 $2,759,374 Impact DataSource derived this analysis to illustrate the impact of a hypothetical development scenario. Scenario 1 - Self-Storage Scenario 11 SCENARIO 1 - SELF-STORAGE SCENARIO | ECONOMIC IMPACT The Project may result in new residents moving to the community and potentially new residential properties being constructed as summarized below. Table 2. Population Impacts Over the Next 10 Years Indirect & Direct Induced Total Number of direct, indirect, and induced workers who will move to the County 3.2 1.4 4.6 Number of new residents in the County 8.3 3.7 12.0 Number of new residential properties to be built in the County 0.0 0.0 0.0 Number of new students expected to attend local school district 1.6 0.7 2.3 The Project is estimated to support an average of approximately $4.3 million in new non-residential taxable property each year over the next 10 years. The taxable value of property supported by the Project over the 10-year period is shown in the following table. Table 3. Value of Taxable Property Supported by the Project Over the Next 10 Years The Project's Property Total New Buildings & Furniture, Subtotal Residential & Residential Other Real Prop. Fixtures, & Nonresidential Nonresidential Year Property Land Improvements Equipment Property Property 2019 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2020 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2021 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2022 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2023 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2024 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2025 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2026 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2027 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 2028 $0 $0 $4,263,048 $80,450 $4,343,498 $4,343,498 The taxable value of residential property represents the value of properties that may be constructed as a result of new workers moving to the community. This analysis assumes the residential real property appreciation rate to be 2.0% per year. The Project's real property is assumed to appreciate at a rate of 2.0% per year. The analysis assumes the Project's furniture, fixtures, and equipment will depreciate over time according to the depreciation schedule shown in Appendix A. Scenario 1 - Self-Storage Scenario 12 SCENARIO 1 - SELF-STORAGE SCENARIO | ECONOMIC IMPACT Temporary Construction Impact The Project will include an initial period of construction where $5.0 million will be spent to construct new buildings and other real property improvements. It is assumed that 50.0% of the construction expenditure will be spent on materials and 50.0% on labor. The temporary construction activity will support temporary economic impacts in the community in the form of temporary construction employment and sales for local construction firms. Table 3. Spending and Estimated Direct Employment Impact of Project-Related Construction Activity Amount Total construction expenditure $5,015,351 Materials $2,507,675 Labor $2,507,675 Temporary Construction Workers Supported (Average Earnings = $44,000) 57 The following table presents the temporary economic impacts resulting from the construction. Table 4. Temporary Economic Impact of Project-Related Construction Activity Indirect & Direct Induced Total Number of temporary direct, indirect, and induced job years to be supported* 57.0 34.4 91.4 Salaries to be paid to direct, indirect, and induced workers $2,507,675 $1,106,386 $3,614,062 Revenues or sales for businesses related to construction $5,015,351 $3,399,405 $8,414,755 * A job year is defined as full employment for one person for 2080 hours in a 12-month span. Sales tax calculations related to construction activity are presented in the following table. The sales tax revenue generated from construction-period taxable spending is included in the fiscal impact for affected districts in Year 1 of this analysis. Table 5. Construction-Related Taxable Spending Estimate Expenditure for Materials $2,507,675 Percent of Materials subject to local tax 50.0% Subtotal Taxable Materials $1,253,838 Expenditure for Labor / Paid to construction workers $2,507,675 Percent of gross earnings spent on taxable goods and services 27.0% Percent of taxable spending done locally 65.0% Subtotal Taxable Construction Worker Spending $440,097 Expenditure for Furniture, Fixtures, & Equipment (FF&E) $80,450 Percent of FF&E subject to local tax 65.0% Subtotal Taxable FF&E Purchases $52,293 Total Construction-Related Taxable Spending $1,746,227 The above construction analysis focuses on the impact resulting from the Project's construction investments identified in Year 1. If construction will be phased in over several years or an expansion is planned in a later year, parallel calculations will be performed for those years. Scenario 1 - Self-Storage Scenario 13 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT Fiscal Impact Overview The Project will generate additional benefits and costs for local taxing districts, a summary of which is provided below. The source of specific benefits and costs are provided in greater detail for each taxing district on subsequent pages. Overall, the County will receive approximately $294,700 in net benefits over the 10-year period and the Project will generate $959,900 in total for all local taxing districts. Table 6. Fiscal Net Benefits Over the Next 10 Years for Local Taxing Districts Present Net Value of Benefits Costs Benefits Net Benefits* City of Clearwater $333,564 ($62,396) $271,167 $209,360 Pinellas County $312,817 ($18,088) $294,728 $229,130 Pinellas County Public Schools $399,633 ($90,829) $308,804 $238,423 Southwest Florida WMD $13,599 $0 $13,599 $10,501 Transit District $31,973 $0 $31,973 $24,689 Juvenile Welfare Board $39,009 $0 $39,009 $30,122 Pinellas County Planning Council $652 $0 $652 $503 Total $1,131,246 ($171,314) $959,932 $742,727 * The Present Value of Net Benefits expresses the future stream of net benefits received over several years as a single value in today's dollars. Today's dollar and a dollar to be received at differing times in the future are not comparable because of the time value of money. The time value of money is the interest rate or each taxing entity's discount rate. This analysis uses a discount rate of 5% to make the dollars comparable. Figure 1. Net Benefits Over the Next 10 Years for Local Taxing Districts $271,167 $294,728 $308,804 $13,599 $31,973 $39,009 $652 $0 $50,000 $100,000$150,000$200,000$250,000$300,000$350,000 City of Clearwater Pinellas County Pinellas County Public Schools Southwest Florida WMD Transit District Juvenile Welfare Board Pinellas County Planning Council Scenario 1 - Self-Storage Scenario 14 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT City of Clearwater The table below displays the estimated additional benefits, costs, and net benefits to be received by the City over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 7. City of Clearwater: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Sales Taxes* $2,207 Property Taxes - Project $219,760 Tangible Taxes - Project $4,147 Property Taxes - New Residential $0 Utility Revenue $31,812 Utility Franchise Fees $11,644 Utility Taxes $21,303 Building Permits and Fees $0 Impact Fees $0 Miscellaneous Taxes & User Fees $42,690 Subtotal Benefits $333,564 Cost of Providing Municipal Services ($30,584) Cost of Providing Utility Services ($31,812) Subtotal Costs ($62,396) Net Benefits $271,167 Present Value (5% discount rate) $209,360 * Share of local option infrastructure surtax. Figure 2. Annual Fiscal Net Benefits for the City of Clearwater ($10,000) ($5,000) $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Year Benefits Costs Net Benefits Scenario 1 - Self-Storage Scenario 15 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT The City will receive benefits from the activity, spending, and investments associated with (1) the Project and (2) the workers. These benefits, associated costs, and resulting net benefits for the next 10 years are shown below for these two categories. Table 8: Net Benefits to the City from the Project and Workers The Project Workers Total Sales Taxes* $1,397 $811 $2,207 Property Taxes - Project $219,760 $0 $219,760 Tangible Taxes - Project $4,147 $0 $4,147 Property Taxes - New Residential $0 $0 $0 Utility Revenue $18,804 $13,008 $31,812 Utility Franchise Fees $9,922 $1,721 $11,644 Utility Taxes $16,888 $4,415 $21,303 Building Permits and Fees $0 $0 $0 Impact Fees $0 $0 $0 Miscellaneous Taxes & User Fees $33,401 $9,290 $42,690 Subtotal Benefits $304,319 $29,245 $333,564 Cost of Providing Municipal Services ($23,935) ($6,649) ($30,584) Cost of Providing Utility Services ($18,804) ($13,008) ($31,812) Subtotal Costs ($42,739)($19,657)($62,396) Net Benefits $261,580 $9,588 $271,167 Percent of Total Net Benefits 96.5% 3.5% * Share of local option infrastructure surtax. Scenario 1 - Self-Storage Scenario 16 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT Pinellas County The table below displays the estimated additional benefits, costs, and net benefits to be received by the County over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 9. Pinellas County: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Sales Taxes* $14,321 Property Taxes - Project $267,498 Tangible Taxes - Project $4,311 Property Taxes - New Residential $0 Utility Taxes $420 Tourist Development Taxes $0 Building Permits and Fees $0 Impact Fees $0 Miscellaneous Taxes & User Fees $26,266 Subtotal Benefits $312,817 Cost of Providing County Services ($18,088) Subtotal Costs ($18,088) Net Benefits $294,728 Present Value (5% discount rate) $229,130 * Share of local option infrastructure surtax. Figure 3. Annual Fiscal Net Benefits for Pinellas County ($5,000) $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 12345678910 Year Benefits Costs Net Benefits Scenario 1 - Self-Storage Scenario 17 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT The County will receive benefits from the activity, spending, and investments associated with (1) the Project and (2) the workers. These benefits, associated costs, and resulting net benefits for the next 10 years are shown below for these two categories. Table 10: Net Benefits to the County from the Project and Workers The Project Workers Total Sales Taxes* $9,063 $5,258 $14,321 Property Taxes - Project $267,498 $0 $267,498 Tangible Taxes - Project $4,311 $0 $4,311 Property Taxes - New Residential $0 $0 $0 Utility Taxes $0 $420 $420 Tourist Development Taxes $0 $0 $0 Building Permits and Fees $0 $0 $0 Impact Fees $0 $0 $0 Miscellaneous Taxes & User Fees $13,926 $12,340 $26,266 Subtotal Benefits $294,798 $18,019 $312,817 Cost of Providing County Services ($8,921) ($9,167) ($18,088) Subtotal Costs ($8,921)($9,167)($18,088) Net Benefits $285,877 $8,852 $294,728 Percent of Total Net Benefits 97.0% 3.0% * Share of local option infrastructure surtax. Pinellas County Public Schools The table below displays the estimated additional benefits, costs, and net benefits to be received by the school district over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 11. Pinellas County Public Schools: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Property Taxes - Project $298,797 Tangible Taxes - Project $5,639 Property Taxes - New Residential $0 Additional State and Federal Funding $95,197 Subtotal Benefits $399,633 Cost of Educating New Students ($90,829) Subtotal Costs ($90,829) Net Benefits $308,804 Present Value (5% discount rate) $238,423 Scenario 1 - Self-Storage Scenario 18 SCENARIO 1 - SELF-STORAGE SCENARIO | FISCAL IMPACT Benefits for Other Taxing Districts The table below displays the estimated additional property taxes to be received by other taxing districts over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 12. Other Taxing Districts: Benefits Over the Next 10 Years Property Tangible Residential Taxes Taxes Property Taxes Total Southwest Florida WMD $13,348 $252 $0 $13,599 Transit District $31,973 $0 $0 $31,973 Juvenile Welfare Board $38,286 $723 $0 $39,009 Pinellas County Planning Council $639 $12 $0 $652 Benefits $84,246 $986 $0 $85,233 Present Value (5% discount rate)$65,815 Scenario 1 - Self-Storage Scenario 19 SCENARIO 1 - SELF-STORAGE SCENARIO | METHODOLOGY Overview of Methodology The Total Impact model combines project-specific attributes with community data, tax rates, and assumptions to estimate the economic impact of the Project and the fiscal impact for local taxing districts over a 10-year period. The economic impact as calculated in this report can be categorized into two main types of impacts. First, the direct economic impacts are the jobs and payroll directly created by the Project. Second, this economic impact analysis calculates the indirect and induced impacts that result from the Project. Indirect jobs and salaries are created in new or existing area firms, such as maintenance companies and service firms, that may supply goods and services for the Project. In addition, induced jobs and salaries are created in new or existing local businesses, such as retail stores, gas stations, banks, restaurants, and service companies that may supply goods and services to new workers and their families. The economic impact estimates in this report are based on the Regional Input-Output Modeling System (RIMS II), a widely used regional input-output model developed by the U. S. Department of Commerce, Bureau of Economic Analysis. The RIMS II model is a standard tool used to estimate regional economic impacts. The economic impacts estimated using the RIMS II model are generally recognized as reasonable and plausible assuming the data input into the model is accurate or based on reasonable assumptions. Impact DataSource utilizes county-level multipliers to estimate the impact occurring at the sub-county level. Two types of regional economic multipliers were used in this analysis: an employment multiplier and an earnings multiplier. An employment multiplier was used to estimate the number of indirect and induced jobs created or supported in the area. An earnings multiplier was used to estimate the amount of salaries to be paid to workers in these new indirect and induced jobs. The employment multiplier shows the estimated number of total jobs created for each direct job. The earnings multiplier shows the estimated amount of total salaries paid to these workers for every dollar paid to a direct worker. The multipliers used in this analysis are listed below: 531000 Real estate City County Employment Multiplier (Type II Direct Effect )1.2396 1.4203 Earnings Multiplier (Type II Direct Effect ) 1.5352 1.9390 The fiscal impacts calculated in this report are detailed in Appendix C. Most of the revenues estimated in this study result from calculations relying on (1) attributes of the Project, (2) assumptions to derive the value of associated taxable property or sales, and (3) local tax rates. In some cases, revenues are estimated on a per new household, per new worker, or per new school student basis. The company or Project developer was not asked, nor could reasonably provide data for calculating some other revenues. For example, while the city and county will likely receive revenues State Shared Revenue, fuel taxes, various charges for services, fines and forfeitures but the company cannot identify these amounts. Therefore, some revenues are calculated using an average revenue approach. This approach uses relies on two assumptions: 1. The taxing entity has two general revenue sources: revenues from residents and revenues from businesses. 2. The taxing entity will collect (a) about the same amount of miscellaneous taxes and user fees from each new household that results from the Project as it currently collects from existing households on average, and (b) the same amount of miscellaneous taxes and user fees from the new business (on a per worker basis) will be collected as it collects from existing businesses. This report presents the results of an analysis undertaken by the City of Clearwater Economic Development Department using Total Impact, an economic and fiscal impact analysis tool developed and supported by the Austin, TX based economic consulting firm, Impact DataSource. Scenario 1 - Self-Storage Scenario 20 SCENARIO 1 - SELF-STORAGE SCENARIO | METHODOLOGY In the case of the school district, some additional state and federal revenues are estimated on a per new school student basis consistent with historical funding levels. Additionally, this analysis sought to estimate the additional expenditures faced by the city and county to provide services to new households and new businesses. A marginal cost approach was used to calculate these additional costs. This approach relies on two assumptions: 1. The taxing entity spends money on services for two general groups: revenues from residents and revenues from businesses. 2. The taxing entity will spend slightly less than its current average cost to provide local government services (police, fire, EMS, etc.) to (a) new residents and (b) businesses on a per worker basis. In the case of the school district, the marginal cost to educate new students was estimated based on a portion of the school's current expenditures per student and applied to the headcount of new school students resulting from the Project. About Impact DataSource Impact DataSource is an Austin economic consulting, research, and analysis firm founded in 1993. The firm has conducted over 2,500 economic impact analyses of firms, projects, and activities in most industry groups in Texas and more than 30 other states. In addition, Impact DataSource has prepared and customized more than 50 economic impact models for its clients to perform their own analyses of economic development projects. These clients include the Metro Orlando (Florida) Economic Development Commission and the Frisco (Texas) Economic Development Corporation. Scenario 1 - Self-Storage Scenario 21 EXECUTIVE SUMMARY Prepared for: City of Clearwater Economic Development Department P.O. Box 4748 Clearwater, FL 33758-4748 Prepared using Total Impact by Impact DataSource A REPORT OF THE ECONOMIC IMPACT OF SCENARIO 2 - STANDARD USE SCENARIO IN THE CITY OF CLEARWATER, FL September 19, 2018 Scenario 2 - Standard Use Scenario 22 PURPOSE & LIMITATIONS This report presents the results of an analysis undertaken by the City of Clearwater Economic Development Department using Total Impact, an economic and fiscal impact analysis tool developed and supported by the Austin, TX based economic consulting firm, Impact DataSource. The Total Impact model is a customized software program licensed to the Cityof Clearwater Economic Development Department. The model includes estimates, assumptions, and other information developed by Impact DataSource from its independent research effort detailed in City of Clearwater Economic Development Department's Total Impact User Guide. The analysis relies on prospective estimates of business activity that may not be realized. City of Clearwater Economic Development Department made reasonable efforts to ensure that the project-specific data entered into the Total Impact model reflects realistic estimates of future activity. No warranty or representation is made by City of Clearwater Economic Development Department or Impact DataSource that any of the estimates or results contained in this study will actually be achieved. Scenario 2 - Standard Use Scenario 23 Economic Impact Introduction…………………………………………………………………………………………4 Description of the Project……………………………………………………………………4 Economic Impact Overview…………………………………………………………………4 Temporary Construction Impact……………………………………………………………6 Fiscal Impact Fiscal Impact Overview…………………………………………………………………………7 City of Clearwater……………………………………………………………………………8 Pinellas County…………………………………………………………………………………10 Pinellas County Public Schools…………………………………………………………11 Benefits for Other Taxing Districts……………………………………………………12 Methodology Overview of Methodology ……………………………………………………………………13 About Impact DataSource……………………………………………………………………14 CONTENTS Scenario 2 - Standard Use Scenario 24 SCENARIO 2 - STANDARD USE SCENARIO | ECONOMIC IMPACT Introduction This report presents the results of an economic impact analysis performed using Total Impact, a model developed by Impact DataSource. The report estimates the impact that a potential project in Pinellas County will have on the local economy and estimates the costs and benefits for local taxing districts over a 10-year period. Description of the Project Economic Impact Overview The Project's operations will support employment and other economic impacts in the community. The 191.1 workers directly employed by the Project will earn approximately $34,000 per year on average over the next 10 years. This direct activity will support 93.5 indirect and induced workers in the community earning $40,000 on average over the next 10 years. The total additional payroll or workers' earnings associated with the Project is estimated to be approximately $102.3 million over the next 10 years. Accounting for various taxable sales and purchases, including activity associated with the Project, worker spending, and visitors' spending in the community, the Project is estimated to support approximately $25.6 million in taxable sales over the next 10 years. Table 1. Economic Impact Over the Next 10 Years Indirect & Direct Induced Total Number of permanent direct, indirect, and induced jobs to be created 191.1 93.5 284.6 Salaries to be paid to direct, indirect, and induced workers $64,948,714 $37,345,512 $102,294,226 Taxable sales and purchases expected in the City $18,034,449 $7,525,121 $25,559,570 Impact DataSource derived this analysis to illustrate the impact of a hypothetical development scenario. Scenario 2 - Standard Use Scenario 25 SCENARIO 2 - STANDARD USE SCENARIO | ECONOMIC IMPACT The Project may result in new residents moving to the community and potentially new residential properties being constructed as summarized below. Table 2. Population Impacts Over the Next 10 Years Indirect & Direct Induced Total Number of direct, indirect, and induced workers who will move to the County 62.1 30.4 92.5 Number of new residents in the County 161.5 79.0 240.5 Number of new residential properties to be built in the County 0.0 0.0 0.0 Number of new students expected to attend local school district 31.1 15.2 46.3 The Project is estimated to support an average of approximately $11.0 million in new non-residential taxable property each year over the next 10 years. The taxable value of property supported by the Project over the 10-year period is shown in the following table. Table 3. Value of Taxable Property Supported by the Project Over the Next 10 Years The Project's Property Total New Buildings & Furniture, Subtotal Residential & Residential Other Real Prop. Fixtures, & Nonresidential Nonresidential Year Property Land Improvements Equipment Property Property 2019 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2020 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2021 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2022 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2023 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2024 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2025 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2026 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2027 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 2028 $0 $0 $8,843,239 $2,205,225 $11,048,464 $11,048,464 The taxable value of residential property represents the value of properties that may be constructed as a result of new workers moving to the community. This analysis assumes the residential real property appreciation rate to be 2.0% per year. The Project's real property is assumed to appreciate at a rate of 2.0% per year. The analysis assumes the Project's furniture, fixtures, and equipment will depreciate over time according to the depreciation schedule shown in Appendix A. Scenario 2 - Standard Use Scenario 26 SCENARIO 2 - STANDARD USE SCENARIO | ECONOMIC IMPACT Temporary Construction Impact The Project will include an initial period of construction where $10.4 million will be spent to construct new buildings and other real property improvements. It is assumed that 50.0% of the construction expenditure will be spent on materials and 50.0% on labor. The temporary construction activity will support temporary economic impacts in the community in the form of temporary construction employment and sales for local construction firms. Table 3. Spending and Estimated Direct Employment Impact of Project-Related Construction Activity Amount Total construction expenditure $10,403,811 Materials $5,201,905 Labor $5,201,905 Temporary Construction Workers Supported (Average Earnings = $44,000) 118.2 The following table presents the temporary economic impacts resulting from the construction. Table 4. Temporary Economic Impact of Project-Related Construction Activity Indirect & Direct Induced Total Number of temporary direct, indirect, and induced job years to be supported* 118.2 71.4 189.6 Salaries to be paid to direct, indirect, and induced workers $5,201,905 $2,295,081 $7,496,986 Revenues or sales for businesses related to construction $10,403,811 $7,051,703 $17,455,513 * A job year is defined as full employment for one person for 2080 hours in a 12-month span. Sales tax calculations related to construction activity are presented in the following table. The sales tax revenue generated from construction-period taxable spending is included in the fiscal impact for affected districts in Year 1 of this analysis. Table 5. Construction-Related Taxable Spending Estimate Expenditure for Materials $5,201,905 Percent of Materials subject to local tax 50.0% Subtotal Taxable Materials $2,600,953 Expenditure for Labor / Paid to construction workers $5,201,905 Percent of gross earnings spent on taxable goods and services 27.0% Percent of taxable spending done locally 65.0% Subtotal Taxable Construction Worker Spending $912,934 Expenditure for Furniture, Fixtures, & Equipment (FF&E) $2,205,225 Percent of FF&E subject to local tax 65.0% Subtotal Taxable FF&E Purchases $1,433,396 Total Construction-Related Taxable Spending $4,947,283 The above construction analysis focuses on the impact resulting from the Project's construction investments identified in Year 1. If construction will be phased in over several years or an expansion is planned in a later year, parallel calculations will be performed for those years. Scenario 2 - Standard Use Scenario 27 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT Fiscal Impact Overview The Project will generate additional benefits and costs for local taxing districts, a summary of which is provided below. The source of specific benefits and costs are provided in greater detail for each taxing district on subsequent pages. Overall, the County will receive approximately $974,200 in net benefits over the 10-year period and the Project will generate $3,504,600 in total for all local taxing districts. Table 6. Fiscal Net Benefits Over the Next 10 Years for Local Taxing Districts Present Net Value of Benefits Costs Benefits Net Benefits* City of Clearwater $2,448,408 ($982,183) $1,466,226 $1,127,433 Pinellas County $1,330,189 ($355,940) $974,249 $755,231 Pinellas County Public Schools $2,690,741 ($1,828,428) $862,313 $665,317 Southwest Florida WMD $34,593 $0 $34,593 $26,712 Transit District $66,324 $0 $66,324 $51,214 Juvenile Welfare Board $99,226 $0 $99,226 $76,620 Pinellas County Planning Council $1,657 $0 $1,657 $1,280 Total $6,671,139 ($3,166,551) $3,504,588 $2,703,807 * The Present Value of Net Benefits expresses the future stream of net benefits received over several years as a single value in today's dollars. Today's dollar and a dollar to be received at differing times in the future are not comparable because of the time value of money. The time value of money is the interest rate or each taxing entity's discount rate. This analysis uses a discount rate of 5% to make the dollars comparable. Figure 1. Net Benefits Over the Next 10 Years for Local Taxing Districts $1,466,226 $974,249 $862,313 $34,593 $66,324 $99,226 $1,657 $0 $400,000 $800,000 $1,200,000 $1,600,000 City of Clearwater Pinellas County Pinellas County Public Schools Southwest Florida WMD Transit District Juvenile Welfare Board Pinellas County Planning Council Scenario 2 - Standard Use Scenario 28 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT City of Clearwater The table below displays the estimated additional benefits, costs, and net benefits to be received by the City over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 7. City of Clearwater: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Sales Taxes* $20,448 Property Taxes - Project $455,869 Tangible Taxes - Project $113,679 Property Taxes - New Residential $0 Utility Revenue $386,598 Utility Franchise Fees $225,854 Utility Taxes $414,608 Building Permits and Fees $0 Impact Fees $0 Miscellaneous Taxes & User Fees $831,352 Subtotal Benefits $2,448,408 Cost of Providing Municipal Services ($595,585) Cost of Providing Utility Services ($386,598) Subtotal Costs ($982,183) Net Benefits $1,466,226 Present Value (5% discount rate) $1,127,433 * Share of local option infrastructure surtax. Figure 2. Annual Fiscal Net Benefits for the City of Clearwater ($150,000) ($100,000) ($50,000) $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Year Benefits Costs Net Benefits Scenario 2 - Standard Use Scenario 29 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT The City will receive benefits from the activity, spending, and investments associated with (1) the Project and (2) the workers. These benefits, associated costs, and resulting net benefits for the next 10 years are shown below for these two categories. Table 8: Net Benefits to the City from the Project and Workers The Project Workers Total Sales Taxes* $3,958 $16,490 $20,448 Property Taxes - Project $455,869 $0 $455,869 Tangible Taxes - Project $113,679 $0 $113,679 Property Taxes - New Residential $0 $0 $0 Utility Revenue $122,096 $264,501 $386,598 Utility Franchise Fees $190,855 $35,000 $225,854 Utility Taxes $324,838 $89,770 $414,608 Building Permits and Fees $0 $0 $0 Impact Fees $0 $0 $0 Miscellaneous Taxes & User Fees $642,460 $188,891 $831,352 Subtotal Benefits $1,853,756 $594,653 $2,448,408 Cost of Providing Municipal Services ($460,395) ($135,190) ($595,585) Cost of Providing Utility Services ($122,096) ($264,501) ($386,598) Subtotal Costs ($582,492)($399,691)($982,183) Net Benefits $1,271,264 $194,962 $1,466,226 Percent of Total Net Benefits 86.7% 13.3% * Share of local option infrastructure surtax. Scenario 2 - Standard Use Scenario 30 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT Pinellas County The table below displays the estimated additional benefits, costs, and net benefits to be received by the County over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 9. Pinellas County: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Sales Taxes* $132,654 Property Taxes - Project $554,896 Tangible Taxes - Project $118,178 Property Taxes - New Residential $0 Utility Taxes $8,447 Tourist Development Taxes $0 Building Permits and Fees $0 Impact Fees $0 Miscellaneous Taxes & User Fees $516,014 Subtotal Benefits $1,330,189 Cost of Providing County Services ($355,940) Subtotal Costs ($355,940) Net Benefits $974,249 Present Value (5% discount rate) $755,231 * Share of local option infrastructure surtax. Figure 3. Annual Fiscal Net Benefits for Pinellas County ($50,000) $0 $50,000 $100,000 $150,000 $200,000 12345678910 Year Benefits Costs Net Benefits Scenario 2 - Standard Use Scenario 31 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT The County will receive benefits from the activity, spending, and investments associated with (1) the Project and (2) the workers. These benefits, associated costs, and resulting net benefits for the next 10 years are shown below for these two categories. Table 10: Net Benefits to the County from the Project and Workers The Project Workers Total Sales Taxes* $25,676 $106,978 $132,654 Property Taxes - Project $554,896 $0 $554,896 Tangible Taxes - Project $118,178 $0 $118,178 Property Taxes - New Residential $0 $0 $0 Utility Taxes $0 $8,447 $8,447 Tourist Development Taxes $0 $0 $0 Building Permits and Fees $0 $0 $0 Impact Fees $0 $0 $0 Miscellaneous Taxes & User Fees $267,866 $248,148 $516,014 Subtotal Benefits $966,616 $363,573 $1,330,189 Cost of Providing County Services ($171,602) ($184,339) ($355,940) Subtotal Costs ($171,602)($184,339)($355,940) Net Benefits $795,014 $179,234 $974,249 Percent of Total Net Benefits 81.6% 18.4% * Share of local option infrastructure surtax. Pinellas County Public Schools The table below displays the estimated additional benefits, costs, and net benefits to be received by the school district over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 11. Pinellas County Public Schools: Benefits, Costs, and Net Benefits Over the Next 10 Years Amount Property Taxes - Project $619,823 Tangible Taxes - Project $154,564 Property Taxes - New Residential $0 Additional State and Federal Funding $1,916,354 Subtotal Benefits $2,690,741 Cost of Educating New Students ($1,828,428) Subtotal Costs ($1,828,428) Net Benefits $862,313 Present Value (5% discount rate) $665,317 Scenario 2 - Standard Use Scenario 32 SCENARIO 2 - STANDARD USE SCENARIO | FISCAL IMPACT Benefits for Other Taxing Districts The table below displays the estimated additional property taxes to be received by other taxing districts over the next 10 years of the Project. Appendix C contains the year-by-year calculations. Table 12. Other Taxing Districts: Benefits Over the Next 10 Years Property Tangible Residential Taxes Taxes Property Taxes Total Southwest Florida WMD $27,688 $6,905 $0 $34,593 Transit District $66,324 $0 $0 $66,324 Juvenile Welfare Board $79,421 $19,805 $0 $99,226 Pinellas County Planning Council $1,326 $331 $0 $1,657 Benefits $174,760 $27,040 $0 $201,801 Present Value (5% discount rate)$155,825 Scenario 2 - Standard Use Scenario 33 SCENARIO 2 - STANDARD USE SCENARIO | METHODOLOGY Overview of Methodology The Total Impact model combines project-specific attributes with community data, tax rates, and assumptions to estimate the economic impact of the Project and the fiscal impact for local taxing districts over a 10-year period. The economic impact as calculated in this report can be categorized into two main types of impacts. First, the direct economic impacts are the jobs and payroll directly created by the Project. Second, this economic impact analysis calculates the indirect and induced impacts that result from the Project. Indirect jobs and salaries are created in new or existing area firms, such as maintenance companies and service firms, that may supply goods and services for the Project. In addition, induced jobs and salaries are created in new or existing local businesses, such as retail stores, gas stations, banks, restaurants, and service companies that may supply goods and services to new workers and their families. The economic impact estimates in this report are based on the Regional Input-Output Modeling System (RIMS II), a widely used regional input-output model developed by the U. S. Department of Commerce, Bureau of Economic Analysis. The RIMS II model is a standard tool used to estimate regional economic impacts. The economic impacts estimated using the RIMS II model are generally recognized as reasonable and plausible assuming the data input into the model is accurate or based on reasonable assumptions. Impact DataSource utilizes county-level multipliers to estimate the impact occurring at the sub-county level. Two types of regional economic multipliers were used in this analysis: an employment multiplier and an earnings multiplier. An employment multiplier was used to estimate the number of indirect and induced jobs created or supported in the area. An earnings multiplier was used to estimate the amount of salaries to be paid to workers in these new indirect and induced jobs. The employment multiplier shows the estimated number of total jobs created for each direct job. The earnings multiplier shows the estimated amount of total salaries paid to these workers for every dollar paid to a direct worker. The multipliers used in this analysis are listed below: 561400 Business support services City County Employment Multiplier (Type II Direct Effect )1.2788 1.4892 Earnings Multiplier (Type II Direct Effect ) 1.3277 1.5750 The fiscal impacts calculated in this report are detailed in Appendix C. Most of the revenues estimated in this study result from calculations relying on (1) attributes of the Project, (2) assumptions to derive the value of associated taxable property or sales, and (3) local tax rates. In some cases, revenues are estimated on a per new household, per new worker, or per new school student basis. The company or Project developer was not asked, nor could reasonably provide data for calculating some other revenues. For example, while the city and county will likely receive revenues State Shared Revenue, fuel taxes, various charges for services, fines and forfeitures but the company cannot identify these amounts. Therefore, some revenues are calculated using an average revenue approach. This approach uses relies on two assumptions: 1. The taxing entity has two general revenue sources: revenues from residents and revenues from businesses. 2. The taxing entity will collect (a) about the same amount of miscellaneous taxes and user fees from each new household that results from the Project as it currently collects from existing households on average, and (b) the same amount of miscellaneous taxes and user fees from the new business (on a per worker basis) will be collected as it collects from existing businesses. This report presents the results of an analysis undertaken by the City of Clearwater Economic Development Department using Total Impact, an economic and fiscal impact analysis tool developed and supported by the Austin, TX based economic consulting firm, Impact DataSource. Scenario 2 - Standard Use Scenario 34 SCENARIO 2 - STANDARD USE SCENARIO | METHODOLOGY In the case of the school district, some additional state and federal revenues are estimated on a per new school student basis consistent with historical funding levels. Additionally, this analysis sought to estimate the additional expenditures faced by the city and county to provide services to new households and new businesses. A marginal cost approach was used to calculate these additional costs. This approach relies on two assumptions: 1. The taxing entity spends money on services for two general groups: revenues from residents and revenues from businesses. 2. The taxing entity will spend slightly less than its current average cost to provide local government services (police, fire, EMS, etc.) to (a) new residents and (b) businesses on a per worker basis. In the case of the school district, the marginal cost to educate new students was estimated based on a portion of the school's current expenditures per student and applied to the headcount of new school students resulting from the Project. About Impact DataSource Impact DataSource is an Austin economic consulting, research, and analysis firm founded in 1993. The firm has conducted over 2,500 economic impact analyses of firms, projects, and activities in most industry groups in Texas and more than 30 other states. In addition, Impact DataSource has prepared and customized more than 50 economic impact models for its clients to perform their own analyses of economic development projects. These clients include the Metro Orlando (Florida) Economic Development Commission and the Frisco (Texas) Economic Development Corporation. Scenario 2 - Standard Use Scenario 35 |1CITY OF CLEARWATER SELF-STORAGE IN US19 REGIONAL CENTER Economic & Fiscal Impacts October 2018 Direct Jobs, 9.9 Direct Jobs, 191.1 Spin Off Jobs, 4.2 Spin Off Jobs, 93.5 Total Earnings, $5,028,026 Total Earnings, $102,294,226 Net Benefits to City, $271,167 Net Benefits to City, $1,466,226 ECONOMIC & FISCAL IMPACT* 10 YEARS Self-Storage/Retail Office/Retail * Impact DataSource, Austin, TX – October 10, 2018 GULF-TO-BAY/DREW REGIONAL CENTER 3 Parcels 4.932 Acres COUNTRYSIDE REGIONAL CENTER 13 Parcels 24.049 Acres Subject site POTENTIAL ASSEMBLAGE? 1976 - Former Denny’s 1975 - Centennial Bank 1.89 +/- Acres Subject site |6CITY OF CLEARWATER SELF-STORAGE IN US19 REGIONAL CENTER Economic & Fiscal Impacts October 2018 MOTION TO AMEND ORDINANCE NO. 9161-18 ON FIRST READING On page 3 of the ordinance, Section B-303.A. Table 2 is amended to read as follows to add parcel size limitations to self-storage warehouses in the Regional Center Subdistricts: Section B-303. - Permitted uses and parking. A) Use and Parking Table Permitted uses and approval levels by Subdistricts, along with parking requirements, are listed in Table 2. Use and Parking. Active uses are required at identified key corners, as defined in Section B-303.B. * * * * * * * * * * Table 2. Use and Parking Use Regional Neighborhood Corridor Use Specific Standards Minimum Off- Street Parking Spaces Self- storage warehouse FLS X X FLS 1. In the Corridor Subdistrict, Aaccess doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of- way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. 2. Self-Storage may be permitted in the Regional Center Subdistrict provided the following is met: Such use shall only be located on parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type; 100% of the ground floor frontage and a minimum of 20% of the total ground floor area shall include fully-enclosed building space, occupied by retail, restaurant, and/or office uses not associated with the self-storage use; access to all storage units shall be from the building interior; and 1/150 1/20 self- storage units. plus 2 for manager’s office 4/1,000 sf of non-storage use as required for Self-storage warehouse in the Regional Center. outdoor storage shall be prohibited. Footnotes: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the use is unlikely to have an adverse impact on such school or use as a place of worship. Key: BCP = Level 1 Minimum Standard (Building Construction Permit). FLS = Level 1 Flexible Standard Development (Community Development Coordinator approval required). FLD = Level 2 Flexible Development (Community Development Board approval required). X = Not Allowed ___________________________ Pamela K. Akin City Attorney October 18, 2018 1 ORDINANCE NO. 9161-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B- 303, TABLE 2 TO ADD REQUIREMENT FOR GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE FOR SELF STORAGE WAREHOUSE USE; MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO ALLOW SELF STORAGE WAREHOUSE USE WITH REQUIRED GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE USES IN REGIONAL CENTER SUBJECT TO FLS APPROVAL; MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE APPENDIX B, US 19 ZONING DISTRICT AND DEVELOPMENT STANDARDS, SECTION B-303, TABLE 2 TO MODIFY PARKING REQUIREMENTS FOR SELF-STORAGE WAREHOUSE USE WITH REQUIRED GROUND FLOOR RETAIL, RESTAURANT, AND/OR OFFICE TO SUPPORT PEDESTRIAN ACTIVITY; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “promote employment and transit forms, patterns, and intensities of development.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to “encourage development of mixed use destinations at major cross streets.” WHEREAS, it is the intent and purpose of the US-19 Zoning Districts & Standards Plan to have uses that “provide for the design of safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS, the vision of the US-19 Regional Center Plan primarily depicts having multi- story buildings as opposed to single story buildings. WHEREAS, multi-story mixed use buildings with “office” or “attached dwelling” above first floor ground floor Retail, Restaurant, or Office uses are not always feasible to be developed, especially on smaller sized parcels with constraints to meet required parking for multi-story residential or office buildings under the Development Code. WHEREAS, “Automobile service stations” is an allowed passive use in the Regional Center, as provided on Table 2. WHEREAS, “Schools” is an allowed passive use in the Regional Center, as provided on Table 2. 2 WHEREAS, “Parking garages” is an allowed passive use in the Regional Center, as provided on Table 2, that allows for the storage of vehicles. WHEREAS, “Self-storage warehouse,” is a passive use that allows for the storage of things which is not allowed in the Regional Center per Table 2. WHEREAS, the City of Clearwater recognizes the active use of ground floor Retail, Restaurant, or Office uses for the Regional Center because Table 2 allows for standalone single story Retail, Restaurant, or Office uses by right. WHEREAS, “Self-storage warehouse” use, when combined with ground floor Retail, Restaurant, or Office, changes the character of self-storage warehouse’s passive use to an active use that is more active than parking garages, schools, automobile service stations, and some other existing allowed uses in the Regional Center. WHEREAS, the uses allowed in Regional Center, as provided on Table 2, currently make no distinction between a standalone “Self-storage warehouse” use and a mixed use building with “Self-storage warehouse” and ground floor Retail, Restaurant, or Office uses. WHEREAS, “Self-storage warehouse” use when combined with ground floor Retail, Restaurant, or Office uses “promotes employment and transit forms, patterns, and intensities of development.” WHEREAS, “Self-storage warehouse” use when combined with ground floor Retail, Restaurant, or Office uses “encourage development of mixed use destinations at major cross streets” because it can eventually be converted to residential or office above the ground floor. WHEREAS, “Self-storage warehouse” when combined with ground floor Retail, Restaurant, or Office uses “provides for the safe, attractive, and accessible settings for working, living, and shopping.” WHEREAS the City of Clearwater adopted US 19 Zoning District and Development uses as provided on Table 2 do not allow for “self-storage warehouse,” in the Regional Center, even when combined with ground floor Retail, Restaurant, or Office uses. WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and promote more ground floor Retail, Restaurant, or Office uses in the Regional Center to further the intent and purpose of the US-19 Zoning Districts & Standards Plan; and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision; now therefore, 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1.That TABLE 2, Appendix B of the Community Development Code be amended to read as follows: Section B-303. - Permitted uses and parking. A) Use and Parking Table Permitted uses and approval levels by Subdistricts, along with parking requirements, are listed in Table 2. Use and Parking. Active uses are required at identified key corners, as defined in Section B-303.B. * * * * * * * * * * Table 2. Use and Parking Use Regional Neighborhood Corridor Use Specific Standards Minimum Off- Street Parking Spaces Self- storage warehouse FLS X X FLS 1. In the Corridor Subdistrict, Aaccess doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of- way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. 2. Self-Storage may be permitted in the Regional Center Subdistrict provided the following is met: Such use shall only be located on parcels of .75 acres to .9 acres in size that existed on or before October 17, 2018 with Street Frontage Type C that do not have any other Street Frontage Type; 100% of the ground floor frontage and a minimum of 20% of the total ground floor area shall include fully-enclosed building space, occupied by retail, restaurant, and/or office uses not associated with the self-storage use; access to all storage units shall be from the building interior; and 1/150 1/20 self- storage units. plus 2 for manager’s office 4/1,000 sf of non-storage use as required for Self-storage warehouse in the Regional Center. 4 outdoor storage shall be prohibited. Footnotes: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the use is unlikely to have an adverse impact on such school or use as a place of worship. Key: BCP = Level 1 Minimum Standard (Building Construction Permit). FLS = Level 1 Flexible Standard Development (Community Development Coordinator approval required). FLD = Level 2 Flexible Development (Community Development Board approval required). X = Not Allowed * * * * * * * * * * Section 2.Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 3.The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 4.Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 5.Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6.This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND READING AND FINAL READING AS AMENDED AND ADOPTED _____________________________ ____________________________ George N. Cretekos Mayor Approved as to form: Attest: 5 ________________________________________________________ Michael P. Fuino Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9189-18 2nd rdg Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9189-18 on second reading, amending the Community Development Code by repealing and replacing Chapter 51, Flood Damage Prevention; amending Chapter 47 to adopt local administrative and technical amendments to the Florida Building Code related to flood damage prevention. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/25/2018 Ordinance No. 9189-18 1 ORDINANCE NO. 9189-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO FLOODPLAIN MANAGEMENT CONSISTENT WITH THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT’S REQUIREMENTS; AMENDING THE CITY OF CLEARWATER COMMUNITY DEVELOPMENT CODE BY REPEALING CHAPTER 51 FLOOD DAMAGE PREVENTION; ADOPTING A NEW CHAPTER 51 FLOOD DAMAGE PREVENTION WHICH ADOPTS FLOOD HAZARD MAPS, DESIGNATES A FLOODPLAIN ADMINISTRATOR, ADOPTS PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS AND FOR OTHER PURPOSES; AMENDING CHAPTER 47 TO ADOPT LOCAL ADMINISTRATIVE AND TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE RELATED TO FLOOD DAMAGE PREVENTION; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ______________________________________________________________________ WHEREAS, the Legislature of the State of Florida has, in Chapter 166 – Municipalities, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Clearwater, Florida and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, the City of Clearwater, Florida was accepted for participation in the National Flood Insurance Program on June 4, 1971 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative and technical amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the City Council is adopting a requirement to require accumulation of costs of improvements and repairs of buildings, based on issued building permits, over a one-year period, to increase the minimum elevation requirement, to require declarations of land restriction (nonconversion agreements) for enclosures below elevated dwellings, and to modify coastal high hazard requirements for application in Coastal A Zones, for buildings and structures in flood hazard areas for the purpose of participating in the National Flood Insurance Program’s Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and Ordinance No. 9189-18 2 WHEREAS, the City Council is adopting a requirement where new and substantially improved critical facilities shall be protected from damage and loss of access as a result of the 500-year flood or the flood of record whichever is higher for the purpose of participating in the National Flood Insurance Program’s Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and WHEREAS, the City Council has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clearwater, Florida that any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict, and the following floodplain management regulations are hereby adopted. SECTION 1. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Chapter 51, Flood Damage Prevention, Community Development Code. Chapter 51 FLOOD DAMAGE PREVENTION ARTICLE I. ADMINISTRATION DIVISION 1. IN GENERAL Sec. 51.001. Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Clearwater, Florida, hereinafter referred to as “this chapter.” This chapter shall be a part of the Community Development Code, adopted pursuant to the authority set forth in Community Development Code Section 1-102. Sec. 51.002. Scope. The provisions of this chapter shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. Sec. 51.003. Intent. The purposes of this chapter and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; Ordinance No. 9189-18 3 (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. Sec. 51.004. Coordination with the Florida Building Code. This chapter is intended to be administered and enforced in conjunction with the Florida Building Code. Sec. 51.005. Warning. The degree of flood protection required by this chapter as amended by the city, and the Florida Building Code, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps (FIRMs) and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency (FEMA), requiring the city to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this chapter. Sec. 51.006. Disclaimer of Liability. This chapter shall not create liability on the part of the city, its officers, agents, elected or appointed officials or employees thereof for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder. DIVISION 2. APPLICABILITY Sec. 51.101. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Sec. 51.102. Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within the city, as established in Section 51.103. Sec. 51.103. Establishing flood hazard areas. (1) Basis for establishing flood hazard areas. The Flood Insurance Study for Pinellas County, Florida and Incorporated Areas, dated August 18, 2009 and all subsequent amendments and revisions, and the accompanying FIRMs, and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this chapter and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Clearwater Engineering Department. (2) Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Article 1 of this Chapter, the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the city indicates that ground elevations: (a) Are below the closest applicable base flood elevation, even in areas not delineated as a Ordinance No. 9189-18 4 special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this chapter and, as applicable, the requirements of the Florida Building Code. (b) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Sec. 51.104. Other laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law. Sec. 51.105. Abrogation and greater restrictions. This chapter supersedes any ordinance or city code in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances or city codes including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this chapter and any other ordinance or city code, the more restrictive shall govern. This chapter shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this chapter. Sec. 51.106. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the city; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. DIVISION 3. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR Sec. 51.201. Designation. The Community Development Coordinator shall be designated as the Floodplain Administrator for the purposes of this chapter. The Floodplain Administrator may delegate performance of certain duties to other employees. Sec. 51.202. General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this chapter. The Floodplain Administrator shall have the authority to render interpretations of this chapter consistent with the intent and purpose of this chapter and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this chapter without the granting of a variance pursuant to Division 7 of this article. Sec. 51.203. Applications and permits. The Floodplain Administrator duties, in coordination with other pertinent departments of the city, shall include, but not be limited to: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this chapter; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; Ordinance No. 9189-18 5 (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue permits or approvals in flood hazard areas for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this chapter is demonstrated, or disapprove the same in the event of noncompliance; and (8) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this chapter. Sec. 51.204. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Review market value estimate or appraisal to determine if it is complete, reasonable for the specific characteristics of the building, and that it does not include the value of land, land improvements or accessory buildings; (3) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (4) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of “substantial improvement”; and (5) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this chapter is required. Sec. 51.205. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Division 7 of this article. Sec. 51.206. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this chapter. Sec. 51.207. Inspections. The Floodplain Administrator shall make the required inspections as specified in Division 6 of this article for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. Ordinance No. 9189-18 6 Sec. 51.208. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: (1) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 51.204; (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the FEMA; (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the FIRMs if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by this chapter and the Florida Building Code to determine that such certifications and documentations are complete; (5) Notify FEMA when the corporate boundaries of the City are modified; and (6) Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on FIRMs as “Coastal Barrier Resource System Areas” and “Otherwise Protected Areas.” Sec. 51.209. Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this chapter and the flood resistant construction requirements of the Florida Building Code, including FIRMs; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this chapter; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Official Records & Legislative Services Department. DIVISION 4. PERMITS Sec. 51.301. Permits required. Any applicant who intends to undertake any development activity within the scope of this chapter, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this chapter and all other applicable codes and regulations has been satisfied. Issuance of a permit by the city does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the city for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill obligations imposed by a state or federal agency or undertakes actions that result in a violation of Ordinance No. 9189-18 7 state or federal law. Sec. 51.302. Permits or approvals in flood hazard areas. Permits or approvals in flood hazard areas shall be issued pursuant to this chapter for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Sec. 51.303. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), if located in flood hazard areas, permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this chapter: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on FIRMs. Sec. 51.304. Application for a permit or approval. To obtain a permit or approval for development in a flood hazard area the applicant shall first file an application in writing on a form furnished by the City. The information provided shall include, but shall not be limited to, the following: (1) Identify and describe the development to be covered by the permit or approval; (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site; (3) Indicate the use and occupancy for which the proposed development is intended; (4) Be accompanied by a site plan or construction documents as specified in Division 5 of this article; (5) State the valuation of the proposed work; (6) Be signed by the applicant or the applicant's authorized agent; (7) Give such other data and information as required by the Floodplain Administrator; and (8) For projects proposing to enclose areas under elevated buildings, a signed Declaration of Land Restriction (Nonconversion Agreement); the agreement shall be recorded on the property deed prior to issuance of the Certificate of Occupancy. Sec. 51.305. Validity of permit or approval. The issuance of a permit or approval for development in a flood hazard area pursuant to this chapter shall not be construed to be a Ordinance No. 9189-18 8 permit for, or approval of, any violation of this chapter, the Florida Building Codes, or any other ordinance or city code. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. Sec. 51.306. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. Sec. 51.307. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit or approval for development in a flood hazard area if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this chapter or any other City, state or federal ordinance, regulation or requirement. Sec. 51.308. Other permits required. Permits for development in flood hazard areas and building permits shall include a condition that all other applicable county, state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The Southwest Florida Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S. (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (5) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (6) Federal permits and approvals. DIVISION 5. SITE PLANS AND CONSTRUCTION DOCUMENTS Sec. 51.401. Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 51.402(2) or (3). (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 51.402(1). (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. Ordinance No. 9189-18 9 (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation, including any proposed compensatory excavation. (6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (7) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. (9) Existing and proposed alignment of any proposed alteration of a watercourse. (10) Elevation of all structures, in relation to the datum on the Flood Insurance Rate Map, of the lowest floor, including basement, or lowest horizontal structural member, as applicable. (11) Datum used to determine the floodplain elevation and source of data. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this chapter but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this chapter. Sec. 51.402. Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. Sec. 51.403. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed professional engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed Ordinance No. 9189-18 10 development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 51.404 and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to the city for approval and FEMA as specified in Section 51.404. (4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. Sec. 51.404. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. DIVISION 6. INSPECTIONS Sec. 51.501. General. Development for which a permit or approval for development in a flood hazard area is required shall be subject to inspection. Sec. 51.502. Development other than buildings and structures. The Floodplain Administrator or designee shall inspect all development to determine compliance with the requirements of this chapter and the conditions of issued permits or approvals for development in a flood hazard area. Sec. 51.503. Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this chapter and the conditions of issued permits or approvals for development in a flood hazard area. (1) Lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner’s authorized agent, shall submit to the Floodplain Administrator: (a) If a design flood elevation was used to determine the required elevation of the lowest Ordinance No. 9189-18 11 floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (b) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 51.402(3)(b), the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner’s authorized agent. (2) Final inspection. As part of the final inspection, the owner or owner’s authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 51.503(1). Sec. 51.504. Manufactured homes. The Building Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this chapter and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official. DIVISION 7. VARIANCES AND APPEALS Sec. 51.601. General. The Building/Flood Board of Adjustment and Appeals shall hear and decide on requests for appeals and requests for variances from the strict application of this chapter and from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. Sec. 51.602. Appeals. The Building/Flood Board of Adjustment and Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this chapter. The procedures for the Building/Flood Board of Adjustment and Appeals are located in Section 47.034 of the city’s Community Development Code, and procedures dealing with appeals and variances are located in Section 47.035. In order to grant an appeal, overturning or modifying the decision appealed from, the Building/Flood Board of Adjustment and Appeals shall find that based on substantial competent evidence presented by the applicant or other party, each and every one of the following criteria are met: (1) The decision appealed from misconstrued or incorrectly interpreted the provisions of this chapter; (2) The decision of the Building/Flood Board of Adjustment and Appeals will be in harmony with the general intent and purpose of this chapter; and (3) The decision of the Building/Flood Board of Adjustment and Appeals will not be detrimental to the public health, safety and general welfare. A decision of the board shall be final, subject to judicial review by certiorari in circuit court. Sec. 51.603. Limitations on authority to grant variances. The Building/Flood Board of Adjustment and Appeals shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 51.607, the conditions of issuance set forth in Section 51.608, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Building/Flood Board of Adjustment and Appeals Ordinance No. 9189-18 12 has the right to attach such conditions as it deems necessary to further the purposes and objectives of this chapter. Sec. 51.604. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 51.403. Sec. 51.605. Historic buildings. A variance is authorized to be issued for the repair, improvement, reconstruction, restoration or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, reconstruction, restoration or rehabilitation will not preclude the building’s continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building’s continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, reconstruction, restoration and rehabilitation shall be subject to the requirements of the Florida Building Code. Historic properties may be required to obtain a certificate of appropriateness pursuant to the city code. No fee shall be required for the variance application and, if the historic structure has a current certificate of appropriateness, no notice of the variance shall be required. Sec. 51.606. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this chapter, provided the variance meets the requirements of Section 51.604, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. Sec. 51.607. Considerations for issuance of variances. In reviewing requests for variances, the Building/Flood Board of Adjustment and Appeals shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this chapter, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, Ordinance No. 9189-18 13 electrical and water systems, streets and bridges; and (11) The necessity of the proposed development to a waterfront location, in the case of a functionally dependent use or facility. Sec. 51.608. Conditions for issuance of variances. Upon consideration of the factors listed in Section 51.607, and the purposes of this chapter, the Building/Flood Board of Adjustment and Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Variances shall be issued only upon: (1) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this chapter or the required elevation standards. The burden shall be on the applicant to provide documentation, sufficient to the satisfaction of the Floodplain Administrator, to show that the standards and conditions required for the granting of a variance have been met; (2) Determination by the Building/Flood Board of Adjustment and Appeals that: (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship. For the purpose of this section, an exceptional hardship can only be caused by a peculiar and unique circumstance related directly to the land and shall not be the result of inconvenience, aesthetic consideration, physical or medical handicap, personal preference, financial considerations, or any after-the-fact circumstance created by the inhabitants of the structure or the present or previous property owners; (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief. (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court at the applicant’s expense, and in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. DIVISION 8. VIOLATIONS Sec. 51.701. Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this chapter that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this chapter, shall be deemed a violation of this chapter. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this chapter or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. Ordinance No. 9189-18 14 Sec. 51.702. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this chapter and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner’s agent, or to the person or persons performing the work. Sec. 51.703. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by Article 7 of the city’s Community Development Code. ARTICLE II. DEFINITIONS DIVISION 1. IN GENERAL Sec. 51.801. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this chapter, have the meanings shown in this article. Sec. 51.802. Terms defined in the Florida Building Code. Where terms are not defined in this chapter or the city code and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in the Florida Building Code. Sec. 51.803. Terms not defined. Where terms are not defined in this chapter, the city code, or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. DIVISION 2. DEFINITIONS Actual Cash Value means the present day cost to replace a building on the same parcel with a new building of the same size and configuration that is intended for the same purpose and using comparable materials and quality, minus depreciation for age, use, neglect and quality of construction. Actual Cash Value does not consider loss in value due to outmoded design or location factors. Adverse Impact means any modifications, alterations or effects on a feature or characteristic of water or floodprone lands, including their quality, quantity, hydrodynamics, surface area, species composition, living resources, aesthetics or usefulness for human or natural uses which are or potentially may be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity or stability or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts. Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal means a request for a review of the Building Official’s and/or Floodplain Administrator’s interpretation of any provision of this chapter. ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Ordinance No. 9189-18 15 Civil Engineers. Base flood means a flood having a 1-percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "100-year flood" or the “1-percent-annual chance flood.” Base flood elevation means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). Basement means the portion of a building having its floor subgrade (below ground level) on all sides. Building means any structure built for support, shelter or enclosure for any occupancy or storage. Building official means the building official of the city within the meaning of the building code adopted for enforcement within the city. City engineer means the city engineer or Director of Engineering of the city. Coastal A Zone means flood hazard areas that have been delineated as subject to wave heights between 1 ½ feet (457 mm) and 3 feet (914 mm). Such areas are seaward of the Limit of Moderate Wave Action shown on the Flood Insurance Rate Map. Coastal construction control line means the line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area means a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as “high hazard areas subject to high velocity wave action” or “V Zones” and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. This term is not to be confused with the “coastal high hazard area” defined in the City of Clearwater Comprehensive Plan, which is based upon the Sea, Lake and Overland Surges from Hurricanes (SLOSH) model, and used for land use planning purposes. Compensatory excavation means that excavation within or directly contiguous to a floodplain for the purpose of hydraulically balancing proposed fill. Critical Facility means structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials; Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after flood; and Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood. Declaration of Land Restriction (Nonconversion Agreement) means a form provided by the Ordinance No. 9189-18 16 Floodplain Administrator to be signed by the owner and recorded on the property deed in Official Records of the Clerk of Courts, for the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, enclosures below elevated dwellings. Design flood means the flood associated with the greater of the following two areas: (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated. Design flood elevation means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. Development means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure means any buildings and structures for which the “start of construction” commenced before June 4, 1971. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 4, 1971. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means the federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage-resistant materials means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. Ordinance No. 9189-18 17 Flood hazard area means the greater of the following two areas: (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM) means the official map of the community on which the Federal Emergency Management Agency (FEMA) has delineated both special flood hazard areas and the risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by the Federal Emergency Management Agency (FEMA) that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. Floodplain means the lateral extent of inundation by an event of given statistical frequency, such as special flood hazard areas as designated in the FIRMs and 100-year floodplain as designated in the City. Floodplain Administrator means the office or position designated and charged with the administration and enforcement of this chapter. Floodway means the channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Floodway, Regulatory The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Communities must regulate development in these floodways to ensure that there are no increases in upstream flood elevations. For streams and other watercourses where FEMA has provided Base Flood Elevations (BFEs), but no floodway has been designated, the community must review floodplain development on a case-by-case basis to ensure that increases in water surface elevations do not occur, or identify the need to adopt a floodway if adequate information is available. Floodway encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code means the family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Ordinance No. 9189-18 18 Hazardous material means those chemicals or substances that are physical hazards or health hazards as defined and classified in the Florida Building Code and the Florida Fire Prevention Code, whether the materials are in usable or waste condition. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure means any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Letter of Map Change (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light-duty truck means as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off-street or off-highway operation and use. Lowest floor means the lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia nitida); Ordinance No. 9189-18 19 red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus erecta). Manufactured home means a structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or “park trailer.” Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. The market value of a non-residential building does not include the value of the use or occupancy. Market value may be established by a qualified independent appraiser using a recognized appraisal method or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction means for the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the “start of construction” commenced on or after June 4, 1971 and includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 4, 1971. Park trailer means a transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. Recreational vehicle means a vehicle, including a park trailer, which is: (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes means a mound, bluff, or ridge of loose sediment, usually sand-sized sediment, lying upward of the beach and deposited by any natural or artificial mechanism, which may be bare or covered with vegetation and is subject to fluctuations in configuration and location. Special flood hazard area means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone Ordinance No. 9189-18 20 A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. Start of construction means the date of issuance of permit for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means any object anchored to the ground, constructed or installed by humankind, including signs, buildings, parking lots, garages, carports, flagpoles, stoops and utility buildings (Note: All buildings are structures, but, not all structures are buildings). Substantial damage means damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. Substantial improvement means any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a one year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the one– year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance means a grant of relief from the requirements of this chapter, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this chapter or the Florida Building Code. Watercourse means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least intermittently. ARTICLE III. FLOOD RESISTANT DEVELOPMENT DIVISION 1. LIMITATIONS ON DEVELOPMENT Sec. 51.901. Development not permitted in floodways, isolated wetlands, and Ordinance No. 9189-18 21 preservation areas. No new development, substantial improvement, or fill shall be permitted within the regulatory floodway, isolated designated wetlands, or environmentally sensitive areas that are designated as preservation areas on the future land use map adopted by the City of Clearwater. Sec. 51.902. Development permitted outside of floodways. Development, redevelopment or fill is permitted outside of floodways if compensatory excavation is provided. Engineering studies and analyses shall be submitted to demonstrate compensatory excavation hydraulically balances the proposed development, redevelopment or fill. Compensatory excavation shall be taken between the seasonal high water level and the base flood elevation and shall not create adverse impacts to the special flood hazard area. The Floodplain Administrator may waive the requirement for compensatory excavation if the applicant demonstrates that no adverse effects will result from the proposed activities outside the floodway and within the floodplain. DIVISION 2. BUILDINGS AND STRUCTURES Sec. 51.1001. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 51.303, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Division 8 of this article. Sec. 51.1002. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (1) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322, as applicable. (2) Minor structures and non-habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this chapter and ASCE 24. Sec. 51.1003. Critical Facilities in the 500-year flood. New and substantially improved critical facilities, where permitted, are required to have lowest floors elevated to or above the 500-year flood elevation or the elevation of the flood or record, whichever is higher, and have flood-free access and egress during the 500-year flood or the flood of record, whichever is higher. DIVISION 3. SUBDIVISIONS Sec. 51.1101 Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures; and (4) Structures are constructed above the base flood elevation. Base flood elevation shall be Ordinance No. 9189-18 22 submitted by the applicant. Sec. 51.1102 Subdivision plans. Where any portion of a subdivision, regardless of type, lies within a flood hazard area, the following shall be required, in addition to any other requirement of the Community Development Code: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on the site plan; (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations shall be determined in accordance with Section 51.402(1); and (3) Compliance with the site improvement and utilities requirements of Division 4 of this article. DIVISION 4. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS Sec. 51.1201. Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Sec. 51.1202. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on- site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. Sec. 51.1203. Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. Sec. 51.1204. Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 51.403(1) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. Sec. 51.1205. Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code, state and federal laws. Sec. 51.1206. Limitations on sites in coastal high hazard areas (Zone V). In coastal high Ordinance No. 9189-18 23 hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 51.403(4) demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 51.1608(3). DIVISION 5. MANUFACTURED HOMES Sec. 51.1301. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. Sec. 51.1302. Limitations on installations in coastal high hazard areas (Zone V). New installations of manufactured homes shall be permitted only in existing manufactured home parks and existing manufactured home subdivisions. Sec. 51.1303. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential and this chapter. (2) In coastal high hazard areas (Zone V) and Coastal A Zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential and this chapter. Foundations for manufactured homes subject to Section 51.1305(3) are permitted to be reinforced piers or other foundation elements of at least equivalent strength. Sec. 51.1304. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable anchoring requirements for wind resistance from the U.S. Department of Housing and Urban Development and the U.S. Department of Transportation. Sec. 51.1305. Elevation Requirements. (1) Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 51.13065(2) or 51.13075(3), as applicable. (2) General elevation requirement. Unless subject to the requirements of Section 51.1305(3), all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential. Ordinance No. 9189-18 24 (3) Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 51.1305(2), including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (1) Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential; or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. Sec. 51.1306. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential for such enclosed areas, as applicable to the flood hazard area. Sec. 51.1307. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential, as applicable to the flood hazard area. DIVISION 6. RECREATIONAL VEHICLES AND PARK TRAILERS Sec. 51.1401. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick- disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. Sec. 51.1402. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 51.1401 for temporary placement shall meet the requirements of Division 5 of this article for manufactured homes. DIVISION 7. TANKS Sec. 51.1501. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. Sealed engineering designs for anchoring and securing of tanks shall be provided with building permit application. Sec. 51.1502. Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 51.1503 shall: (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. (2) Not be permitted in coastal high hazard areas (Zone V). Sec. 51.1503. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that Ordinance No. 9189-18 25 is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. Sealed engineering designs for anchoring and securing of tanks shall be provided with building permit application. Sec. 51.1504. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. DIVISION 8. OTHER DEVELOPMENT Sec. 51.1601. General requirements for other development. All development, including man- made changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Meet the limitations of Section 51.1204 if located in a regulatory floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage-resistant materials; (5) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations; and (6) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. Sec. 51.1602. Fences in regulatory floodways. Fences in regulatory floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 51.1204. Sec. 51.1603. Retaining walls, sidewalks and driveways in regulatory floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulatory floodways shall meet the limitations of Section 51.1204. Sec. 51.1604. Roads and watercourse crossings in regulatory floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulatory floodways shall meet the limitations of Section 51.1204. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 51.403(3). Sec. 51.1605. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: Ordinance No. 9189-18 26 (1) Structurally independent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (3) Have a maximum slab thickness of not more than four (4) inches. Sec. 51.1606. Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In addition to the requirements of the Florida Building Code, in coastal high hazard areas and Coastal A Zones decks and patios shall be located, designed, and constructed in compliance with the following: (1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. (2) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. Sec. 51.1607. Other development in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. Sec. 51.1608. Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. Ordinance No. 9189-18 27 (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. (3) Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building, subject to Section 51.403. DIVISION 9. HAZARDOUS MATERIALS Sec. 51.1701. Manufacture and storage of hazardous materials. Structures used for the manufacture or storage of hazardous materials shall not be permitted in any floodplain or floodway. Sec. 51.1702. Discharge of hazardous materials. It shall be unlawful for any person to discharge, cause to be discharged, or allow to be discharged any hazardous materials within any floodplain or floodway. SECTION 2. Chapter 47, Buildings and Building Regulations, Section 47.005 Minimum Floor Elevation and Section 47.051 Adoption and Enforcement, Community Development Code are hereby amended as follows: Sec. 47.005. - Minimum floor elevation. (1) The minimum floor elevation for new buildings or additions to existing buildings shall be: (a) One foot above the crown of the pavement abutting the building site for the lowest floor, and six inches for all floors buildings and structures not considered the lowest floor as defined by section 51.03, City Code of Ordinances subject to the requirements of Chapter 51 Community Development Code or the Florida Building Code; or (b) Set by the city engineer for new developments or unusual building sites if the elevation exceeds the requirements of the Florida Building Code.; or (c) Set by the flood insurance rate maps. (2) The building official is hereby designated and authorized to enforce this requirement. * * * * * * * * * * Sec. 47.051. - Adoption and enforcement. * * * * * * * * * * (2) The codes and standards described in this section, referred to generally as the "codes," shall be the editions described in this section or later editions as may subsequently be adopted or amended by the Florida Building Commission Pinellas County Construction Licensing Board or by the city pursuant to Section 47.054 of this Code. Except the administrative sections or provisions and such other provisions of each code as are amended and set forth in this chapter. A copy of each code and amendments shall be kept on file in the office of the city clerk. Ordinance No. 9189-18 28 SECTION 3. Chapter 47, Buildings and Building Regulations, Clearwater Community Development Code, is hereby amended to include a new Section 47.054 which incorporates language and makes the following administrative and technical amendments to the Florida Building Code. In this section, the amendments to the Florida Building Code are shown in double-underline for added language and strike-through for deleted language. Sec. 47.054. – Amendments to the Florida Building Code. (1) The Florida Building Code, Building is adopted in section 47.051 of this Code, with the following administrative amendment(s): (a) Florida Building Code, Building Section 107.3.5, is amended to read as follows: 107.3.5 Minimum plan review criteria for buildings. * * * * * * * * * * Residential (one- and two-family): * * * * * * * * * * 6. Structural requirements shall include: * * * * * * * * * * Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement), equipment, and flood damage-resistant materials. (2) Florida Building Code, Building is adopted in section 47.051 of this Code, with the following technical amendment(s): (a) Florida Building Code, Building Section 202, definition of Substantial Improvement, is amended to read as follows: SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, taking place during a one- year period in which the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the one-year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has sustainedincurred “substantial damage,” any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that isare the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. (b) Florida Building Code, Building Section 1612.4 Design and Construction, is amended to read as follows: * * * * * * * * * * 1612.4 Design and construction. * * * * * * * * * * Ordinance No. 9189-18 29 1612.4.1 Modification of ASCE 24. Reserved. Table 6-1 and Section 6.2.1 in ASCE 24 shall be modified as follows: 1. The title of Table 6.1 shall be “Minimum Elevation of Floodproofing, Relative to Base Flood Elevation (BFE) or Design Flood Elevation (DFE), in Coastal A Zones and in Other Flood Hazard Areas that are not High Risk Flood Hazard Areas.” 2. Section 6.2.1 shall be modified to permit dry floodproofing in Coastal A Zones, as follows: “Dry floodproofing of nonresidential structures and nonresidential areas of mixed-use structures shall not be allowed unless such structures are located outside of High Risk Flood Hazard areas and Coastal High Hazard Areas. Dry floodproofing shall be permitted in Coastal A Zones provided wave loads and the potential for erosion and local scour are accounted for in the design. Dry floodproofing of residential structures or residential areas of mixed-use structures shall not be permitted.” 1612.4.2 Modification of ASCE 24 (Coastal A Zone). Section 4.5.13 in ASCE 24 shall be modified as follows: 1. Paragraph 1 shall be modified: “In Coastal High Hazard Areas and Coastal A Zones, stem walls shall not be permitted.” 2. Paragraph 2 shall be deleted. 1612.4.3 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 2 feet (610 mm), whichever is higher. (3) The Florida Building Code, Existing Building, is adopted in section 47.051 of this Code, with the following technical amendment(s): (a) Florida Building Code, Existing Building Section 202, definition of Substantial Improvement, is amended to read as follows: SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code, means any combination of repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure taking place during a one year period, in which the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure, before the improvement or repair is started. For each building or structure, the one-year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has sustainedincurred “substantial damage,” any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the code building official and that isare the minimum necessary to ensure safe living conditions.; or 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure. (4) The Florida Building Code, Residential, is adopted in section 47.051 of this Code, with the following technical amendments: Ordinance No. 9189-18 30 (a) Florida Building Code, Residential Section R322.2.1, Elevation Requirements, is amended to read as follows: R322.2.1 Elevation Requirements. 1. Buildings and structures in flood hazard areas including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 2 feet 1 foot (305 mm), or the design flood elevation, whichever is higher. 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 2 feet 1 foot (305 mm), or not less than 4 feet 3 feet (915 mm) if a depth number is not specified. 3. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 2 feet 1 foot (305 mm), or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements with floors that are not below grade on all sides, shall meet the requirements of Section 322.2.2. (b) Florida Building Code, Residential Section R322.3.2, Elevation Requirements, is amended to read as follows: R322.3.2 Elevation Requirements. 1. Buildings and structures erected within coastal high-hazard areas and Coastal A Zones, shall be elevated so that the bottom of the lowest horizontal structure members supporting the lowest floor, with the exception of pilings, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus 2 feet 1 foot (305 mm) or the design flood elevation, whichever is higher. 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. 5. Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. (c) Florida Building Code, Residential Section R322.3.3, Foundations, is amended to delete the “Exception” and now reads as follows: R322.3.3 Foundations. Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be supported on pilings or columns and shall be adequately anchored to such pilings or columns. The space below the elevated building shall be either free of obstruction or, if enclosed with walls, the walls shall meet the requirements of Section R322.3.4. Pilings shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift). Water-loading values used shall be those associated with the design flood. Wind-loading values shall be those required by this code. Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling. Pile systems design and installation shall be certified in accordance with Section R322.3.6. Spread footing, mat, raft or other Ordinance No. 9189-18 31 foundations that support columns shall not be permitted where soil investigations that are required in accordance with Section R401.4 indicate that soil material under the spread footing, mat, raft or other foundation is subject to scour or erosion from wave- velocity flow conditions. If permitted, spread footing, mat, raft or other foundations that support columns shall be designed in accordance with ASCE 24. Slabs, pools, pool decks and walkways shall be located and constructed to be structurally independent of buildings and structures and their foundations to prevent transfer of flood loads to the buildings and structures during conditions of flooding, scour or erosion from wave- velocity flow conditions, unless the buildings and structures and their foundations are designed to resist the additional flood load. Exception: In Coastal A Zones, stem wall foundations supporting a floor system above and backfilled with soil or gravel to the underside of the floor system shall be permitted provided the foundations are designed to account for wave action, debris impact, erosion and local scour. Where soils are susceptible to erosion and local scour, stem wall foundations shall have deep footings to account for the loss of soil. SECTION 4. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance 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 and the Florida Building Commission within 30 days after adoption. Ordinance No. 9189-18 32 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004 – Page 1 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 18, 2018 AGENDA ITEM: G.1. CASE: TA2018-07004 ORDINANCE NO.: 9189-18 REQUEST: To amend the City of Clearwater’s Community Development Code to repeal and replace Chapter 51 and amend Chapter 47 to adopt new floodplain management regulations utilizing the Florida Department of Emergency Management’s (FDEM) model ordinance INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: Proposed Ordinance 9189-18 represents the first significant update to the City of Clearwater’s floodplain management regulations since they were adopted into the City’s Code of Ordinances in 1980. The City manages and regulates activities and development in its floodplains through provisions in Chapter 51. Flood Damage Prevention, and to a lesser degree in Chapter 47. Buildings and Building Regulations, both of which were transitioned to the City’s Community Development Code years ago. Since then, a few minor amendments have been made, but the majority of the regulations remain unchanged. The primary reason for updating the floodplain management regulations is to ensure that the City’s regulations are in compliance with and consistent with the Florida Building Code (FBC). When the 2010 edition of the FBC became effective March 15, 2012, it resulted in local floodplain management regulations and ordinances conflicting with or duplicating parts of the FBC. The Florida Department of Emergency Management (FDEM) developed a model ordinance approved by The Federal Emergency Management Agency (FEMA) which incorporates the updated FBC requirements and satisfies the requirements of the National Flood Insurance Program (NFIP). In addition to being approved by FEMA, FDEM’s model ordinance was reviewed by the Building Officials Association of Florida as well as the Florida Floodplain Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 2 Managers Association. This model ordinance provided the base for Ordinance 9189-18 which proposes to repeal and replace Chapter 51. Flood Damage Prevention, and to amend portions of Chapter 47. Building and Building Regulations, of the Community Development Code. Staff modified the model ordinance to address City-specific needs. Participation in the NFIP is based on an agreement between local communities and the federal government which states that if a community will adopt and enforce a floodplain management ordinance to reduce future flood risks to new construction in Special Flood Hazard Areas (SFHA), the federal government will make flood insurance available within the community as a financial protection against flood losses. Proposed Ordinance 9189-18 incorporates additional requirements for the purposes of participating in the Community Rating System (CRS) and to gain points and reduce flood insurance rates. These proposed amendments could save residents on insurance premiums from not only an improved CRS score, but also reduced rates based on the lower risk to a residence. Section 553.73(5), F.S., allows for local adoption of higher standards as technical amendments to the FBC without sunset every 3 years. Staff presented several options for more stringent regulations for City Council direction at their November 13, 2017 Work Session. City Council directed staff to incorporate an increase to the design flood elevation (discussed as freeboard), but to not move forward with modifications to the City's current substantial improvement/damage and cumulative improvement/damage provisions. Staff has included certain provisions related to the addition of Coastal A Zones on the preliminary flood maps received from FEMA this year. Coastal A Zone is that portion of the Special Flood Hazard Area that is subject to waves with heights of between 1.5 and 3 feet during a 1% annual chance storm. This area is landward of the V Zone and seaward of the line known as the Limit of Moderate Wave Action (LiMWA). The proposed changes are not required, but do yield significant points towards a lower CRS score, and are included for City Council’s consideration. ANALYSIS: The proposed amendments to the Community Development Code include the repeal and replace of Chapter 51. The new Chapter 51 is organized into three Articles, the contents of which are further subdivided into Divisions. The Ordinance addresses many sections addressed by the current ordinance but reorganizes it and includes new requirements or sections that were not previously within the City’s Ordinance, as well as revisions to processes such as the permitting process. The following outlines generally what is covered by each of the Articles. A summary of those higher standards that are proposed which would make the City eligible for additional CRS Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 3 points if adopted is provided. Proposed amendments to Chapter 47 and the FBC are also described below. Chapter 51 Article I. Administration (Pages 2-14 of the Ordinance): Article I establishes that the Floodplain Management Ordinance is intended to be administered and enforced in conjunction with the Florida Building Code, and applies to flood hazard areas. The duties and powers of the floodplain administrator, which the Ordinance proposes would be the Community Development Coordinator, are defined. This Article also establishes the requirement of permits for any development activity within the scope of the Ordinance. In order to be consistent with state statute, permits shall include a condition that all other applicable permits, including state and federal, are obtained before the start of the permitted development. Issuance of a permit on the part of the City does not give the applicant a right to a state or federal permit, nor does it create any liability for the City should the applicant fail to obtain the necessary approvals or permits from those agencies. Article I sets forth exemptions, application procedures, site plan requirements, rules for inspections, and the process for variances. Lastly, this Article establishes what constitutes a violation as well as the authority of the Floodplain Administrator to serve notice of violation. Chapter 51 Article II. Definitions (Pages 14-20 of the Ordinance): Article II includes the definitions for terms that specifically apply to this Ordinance. It should be noted here that this proposed Ordinance does not include a definition for “freeboard” which is commonly understood to be a factor of safety of additional height above the required base flood elevation. Instead, the term “design flood elevation” conveys the actual requirement for additional elevation.  Inclusion of the following new terms in the definition section: actual cash value; adverse impact; alteration of a watercourse; ASCE 24; Coastal A Zone; coastal construction control line; compensatory excavation; critical facility; declaration of land restriction (nonconversion agreement); design flood; design flood elevation; encroachment; existing building and existing structure; Federal Emergency Management Agency (FEMA); flood damage-resistant materials; flood hazard area; floodplain; Floodplain Administrator; floodway, regulatory; floodway encroachment analysis; Florida Building Code (FBC); hazardous material; historic structure; Letter of Map Change (LOMC); light-duty truck; park trailer; special flood hazard area; watercourse.  Deletion of the following terms in the definition section: addition (to an existing building); area of shallow flooding; area of special flood hazard; breakaway wall; elevated building; elevation; flood hazard boundary map; floor; habitable floor; mean sea Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 4 level; nonconforming structure; North American Vertical Datum (NAVD); ready for highway use.  More substantial modifications to the following terms in the definition section: market value (expanded definition); new construction (change to earlier date); new manufactured home park or subdivision (change to earlier date); sand dunes (expanded definition); substantial improvement (expanded definition). Chapter 51 Article III. Flood Resistant Development (Pages 20-27 of the Ordinance): Article III establishes the requirements for flood resistant development including limitations on development specifically in floodways, isolated wetlands and preservation areas, as well as where compensatory started is required for development outside of floodways. It includes additional requirements for buildings, structures and facilities that would otherwise be exempt from the FBC, including structures seaward of the Coastal Construction Control Line, and critical facilities in the 500-year flood. Requirements for subdivisions, site improvements and utilities, manufactured homes, recreational vehicles and park trailers, the placement of underground and above-ground tanks, and hazardous materials are all governed by this Article. Lastly, it includes general requirements for other development including fences, retaining walls, sidewalks, roads and watercourse crossings, parking pads, enclosed floors landings, decks and similar nonstructural uses, nonstructural fill, in both regulatory floodways and coastal high hazard areas. Higher CRS-Related Standards Proposed Ordinance 9189-18 includes the following higher standards, which if adopted, would make the City eligible for additional CRS points:  Requirement for an additional foot of design flood elevation above the requirements of FBC (Elevation requirements, throughout): Additional elevation added to the Base Flood Elevation is called freeboard and creates the Design Flood Elevation. This creates a margin of protection to account for waves and debris during flood events.  Requirement for a nonconversion agreement for enclosure limits (Sec. 47.054): Limiting enclosures below the base flood elevation protects the structural integrity of the building from wave action and hydrostatic pressure and discourages property owners from storing valuables and hazardous items in that area.  Increased elevation for critical facilities in the 500-year floodplain (Sec. 51.1003): Protecting critical facilities to higher levels reduces the likelihood of damage and improves the community’s ability to respond to the needs of citizens during a disaster.  Regulation of Coastal A Zone to V Zone Standards (Secs. 51.1303, 51.1605, 51.1606, 51.1607, and 51.1608; FBC technical amendments): Regulating the Coastal A Zone to Zone V standards protects buildings and infrastructure from a known breaking wave. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 5 Chapter 47 Buildings and Building Regulations (Pages 28-31 of the Ordinance) Amendments to Chapter 47, Buildings and Building Regulations are proposed to adopt consistent language with proposed Chapter 51, specifically regarding minimum floor elevations as well as adoption and enforcement. Additionally, a new Section 47.054 makes administrative and technical amendments to the FBC addressing multiple disciplines (e.g., Residential, Existing Building, and Building) to be consistent with the amendments of Chapter 51. More specifically, the proposed amendments to the FBC include: requiring declaration of land restriction (nonconversion agreement) for residential (one- and two-family) buildings; revisions to substantial improvement definition to incorporate when the one-year period begins, bringing consistency throughout City codes; removing exception in ASCE 24 by disallowing stem walls in Coastal A Zone; amending elevation requirements to require elevation to or above the base flood elevation plus two feet, where one foot was previously required; and requiring open foundations in the Coastal A zone. The latest edition of the FBC requires an additional one foot of design flood elevation. (It should be noted that freeboard is the commonly used term; however, the official regulatory term is design flood elevation.) The proposed ordinance will apply an additional one foot of “freeboard”, raising the design flood elevation by an additional one foot for a total of two feet. This can vary based on building type, zone and other factors. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following goals, objectives and policies which will be furthered by the proposed Code amendments: Policy D.3.3.6 Limit development that will result in building(s) constructed within/or over stormwater retention/detention ponds, streams or channels. All wetlands, streams, channels, or other hydrologic features, whether wetlands, ponds or bodies of water having intrinsic hydrologic, biologic and zoological functions with no distinction made in regard to its status to whether it is man-made or natural shall be considered for a Preservation Land Use Plan classification to ensure protection from development. Policy D.3.3.7 Continue active participation and cooperation with the National Flood Insurance Program and the Florida Emergency Management Agency for Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 6 the purpose of recognizing flood prone areas, and establishing abatement programs that endeavor toward a reduction in damages and losses due to flooding. Goal E.1. Management of Clearwater’s coastal storm area shall provide for the long- term accessibility, safety, economic viability, neighborhood stability, and environmental integrity of these unique resources. Objective E.1.1 Clearwater shall continue to protect beaches and dunes by use of the State Coastal Construction Control Line as the building and land alteration setback line for purposes of administering the Community Development Code. The Florida Building Code, Federal Emergency Management Agency (FEMA) regulations, and City coastal construction regulations will continue to govern the structural integrity of new buildings. Goal E.2 New Development, redevelopment, and investment in public facilities, utilities, and infrastructure shall be managed and regulated to reduce flood risk in the coastal areas resulting from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise and to reduce losses due to flooding and claims made under flood insurance policies issued in this state. Objective E.2.1 Development and redevelopment in the City shall be planned and managed to reduce risk and losses due to flooding resulting from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise. Policy E.2.1.1 Development and redevelopment plans and proposals in the coastal storm area shall be reviewed for compliance with the goals, objectives and policies of the Comprehensive Plan and other appropriate plans and references, including Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the City’s National Flood Insurance Policy (NFIP), Community Rating System (CRS) Program, and Floodplain Management Plan. Policy E.2.1.2 The flood-resistant construction requirements in the Florida Building Code and applicable floodplain management regulations set forth in 44 C.F.R. part E – 6 60, or more stringent controls, shall continue to be applied to development and redevelopment in the coastal storm area. Policy E.2.1.5 The City shall grant building permits in compliance with the rules of FEMA. Policy E.2.2.1 The City shall encourage and support hazard mitigation efforts through continuation of the following activities: Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 7  Participation in the National Flood Insurance Program’s Community Rating System;  Participation in the Pinellas County’s Local Mitigation Strategy;  Administration of building regulations consistent with City and FEMA regulations;  Review and implementation of appropriate policies and strategies developed by partner agencies or through interagency hazard assessment and mitigation initiatives;  Prohibitions of beach sand dune alterations; and  Restriction of development in floodways. Policy E.2.2.3 The City will continue to apply building code and land development code requirements to ensure noncompliant structures are brought into conformance with FEMA flood elevations standards or will be flood proofed consistent with FEMA standards. Objective E.2.3 Continue to educate the public on flood risks, as well as mitigation strategies and available programs to reduce flood hazards and improve the City’s Community Rating System (CRS) score, which will allow for decreased flood insurance premiums. Policy E.2.5.2 Identify and implement adaptation policies to increase community awareness and evaluate the impacts of requiring elevated finished floors, additional freeboard, and wet/dry flood proofing in areas outside designated flood plains but within the designated Adaptation Action Area. Policy E.2.6.1 The City shall continue to evaluate opportunities to protect public facilities, infrastructure, and utilities from the impacts of sea level rise. Objective E.4.1 Clearwater shall administer land development regulations to protect public and private property and human life from the effects of hurricane winds and flooding. Policy E.4.1.4 Encourage more efficient and climate resilient construction practices locally by:  Evaluating base finish floor elevation standards with respect to projected sea level rise scenarios and flooding potential; and  Evaluating extending the City’s cumulative substantial improvement and substantial damage regulation from one-year to a multi-year time period; and  Evaluating extending the City’s substantial improvement and substantial damage regulatory threshold to less than 50%. Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 8 Goal E.5 The city shall accomplish post-disaster redevelopment in a manner that shall minimize public and private vulnerability to future disasters. Policy E.5.1.3 Immediate repair and clean-up actions after a storm shall be limited to removal of debris, and repair of existing primary structures to allow re- occupancy (repairs to allow re-occupancy shall be considered when damage is limited to less than fifty percent (50%) of the value of the structure prior to damage). Long-term repair and redevelopment shall consist of upgrading structures and accessory facilities to expand habitable space or repair of greater than fifty percent (50%) of the value of the structure prior to damage. Post-disaster redevelopment and long-term repair can only be permitted consistent with the requirements of FEMA and the Florida Statutes. Policy E.5.1.6 Repair and rebuilding of critical facilities such as water facilities, sewage treatment plants and lift stations, and other utilities damaged in future storms shall be reconstructed to minimize hurricane and flooding vulnerability. Objective F.1. The City shall continue to protect floodplains, drainage ways, and all other natural areas having functional hydrological characteristics. Policy F.1.2.1 Any construction in the one hundred (100) year floodplain shall comply with all requirements and standards of the Federal Emergency Management Agency of the Federal Flood Insurance Administration, and the City's building codes. The City’s Comprehensive Plan has always incorporated policies related to limiting development in and the protection of floodplains. As a coastal community, reducing risk and losses due to flooding is imperative to the safety of the City’s residents, as well as to the city’s long-term economic viability neighborhood stability as stated in Goal E.1. The Comprehensive Plan contains a wide variety of other goals, objectives and policies that reinforce this, as well as the need to continue to comply with the requirements of FEMA and building codes, and to continue to participate in the NFIP. Proposed Ordinance 9189-18 directly implements these goals, objectives and policies by establishing the regulations for all development in the flood hazard areas, consistent with FEMA, FBC and NFIP requirements. As stated in Section 51.003, the intent of the Floodplain Management Ordinance “… and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas …” Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 9 In 2017, the City amended its Comprehensive Plan to address the statutory requirements for the 2015 Florida Senate Bill 1094 “Peril of Flood”, many of which were incorporated under a new Goal E.2. Also at that time, Policy E.4.1.4 was added, encouraging more efficient and climate resilient construction practices locally through several means, including evaluating base finish floor elevation (i.e. freeboard) standards with respect to sea level rise scenarios and flooding potential, evaluating the City’s cumulative substantial improvement and substantial damage regulation from one-year to a multi-year time period, and evaluating extending the City’s substantial improvement and substantial damage regulatory threshold to less than 50% [emphasis added]. As part of the analysis for this Ordinance, staff presented information related to the three options for higher regulations referenced in Policy E.4.1.4. City Council provided direction to proceed with an increase to base finish floor elevation but did not want to proceed at this time with changes to the City’s cumulative substantial improvement and substantial damage regulations or to extend the City’s substantial improvement and substantial damage regulatory threshold. The above referenced goals, objectives and policies of the Comprehensive Plan will be furthered by Ordinance 9189-18. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. Sec. 1-103.E.3. Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. The amendments proposed by this ordinance will further the above referenced purposes of the Community Development Code by implementing the aforementioned goals, objectives Planning & Development Department Community Development Code Text Amendment Long Range Planning Division Revised for City Council – October 18, 2018 Community Development Board – September 18, 2018 TA2018-07004– Page 10 and policies of the Comprehensive Plan; by establishing reasonable standards which encourage orderly development; and by protecting and conserving the values of land and value of buildings and improvements upon the land in the city. As previously stated, the intent of the Floodplain Management Ordinance “… and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas …” As such, proposed Ordinance 9189-18 furthers the purposes in the CDC. SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9189-18 that amends the Community Development Code. Prepared by Planning and Development Department Staff: ___________________________ Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9189-18 Resume “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” October 2017 Page 1 The Federal Emergency Management Agency (FEMA) has undertaken a multi-year effort to better identify and communicate the flood hazards and risks in coastal communities through coastal engineering, analysis, and mapping. New and updated coastal Flood Insurance Rate Maps (FIRMs) communicate two elements of regulatory flood mapping: the area of land at risk of inundation by the base (1-percent-annual-chance) flood, and the associated flood elevation(s) in these areas, which are called Base Flood Elevations. In addition to identifying these two regulatory mapping elements, FEMA provides an informational line called the Limit of Moderate Wave Action (LiMWA). This fact sheet explains what the LiMWA is and why it should be of interest to homeowners and local officials Background on Coastal Zones FIRMs in coastal areas identify two different flood zones: • Zone VE is mapped in areas that are subject to coastal flooding with wave heights of 3 feet or higher. These areas are referred to as Coastal High Hazard Areas (CHHAs). • Zone AE is mapped in areas subject to coastal flooding with wave heights of less than 3 feet. The primary reason for having two different coastal flood zones is that the risk of structural damage is higher within Zone VE, due to the significant wave energy that can occur in these areas. As a result, flood insurance rates are higher and building codes are stricter for structures in Zone VE. However, over the past decade, post-storm damage surveys have confirmed that even wave heights as low as 1.5 feet can cause significant structural damage to buildings that were not built to withstand forces such as the wave hazards in VE zones. For More Information A FEMA fact sheet titled “Using the Limit of Moderate Wave Action (LiMWA) to Build Safer and Stronger Coastal Communities” is available for communities that want to learn more about how they can use the LiMWA to implement higher construction standards. Anyone interested in obtaining a copy of that fact sheet should contact a FEMA Map Specialist through the FEMA Map Information eXchange (FMIX). The FMIX can be reached by telephone, toll free, at 1-877-FEMA MAP (1-877-336-2627), choose “Option 1”; by email at femamapspecialist@riskmapcds.com; or by live chat through https://www.floodmaps.fema.gov/fhm/ fmx_main.html. Fact Sheet Coastal Flood Risk Information and the Limit of Moderate Wave Action “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” October 2017 Page 2 Federal Emergency Management Agency On its recently updated FIRMs, FEMA notifies communities of the potential for significant wave damage by using both the regulatory Zone VE designation (coastal flooding, plus waves of 3 feet or higher) and an informational line depicting the extent of 1.5-foot wave heights. This line is called the LiMWA. LiMWA and Coastal A Zone Mapping Using the LiMWA shown on a FIRM, homeowners and communities can better understand which portions of the areas identified as Zone AE are at risk for high wave energy. Those higher risk portions of Zone AE, the areas between the LiMWA and the Zone VE boundary, are referred to as the Coastal A Zone. Figure 1 shows how these hazards and zones are defined. Once the coastal flood hazard analyses are complete, FEMA provides preliminary versions of the updated FIRMs and Flood Insurance Study (FIS) reports to local officials and residents for their review and use. On the updated FIRMs, the LiMWA is shown as a line with triangular arrows that point toward the area of higher hazard—that is, toward Zone VE. Figure 1. Coastal Flood Zones. Not all coastal communities’ FIRMs include LiMWA lines. “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” October 2017 Page 3 Federal Emergency Management Agency Figure 2 shows what the LiMWA looks like on an updated FIRM. Some flood maps may include different symbols to mark the LiMWA; consult the map’s legend for details specific to your community’s flood map. Flood maps may also be accessed through FEMA’s National Flood Hazard (NFHL) digital map webviewer. (NFHL users should be aware that the appearance of the LiMWA line on the NFHL differs from that on most FIRM panels.) LiMWAs, Flood Insurance, and Higher Construction Standards Property owners are encouraged to build structures with a higher first floor and to purchase flood insurance. While the LiMWA is not a regulatory element of the FIRM and has no effect on a structure’s National Flood Insurance Program (NFIP) flood zone status or on the rates for federal flood insurance premiums, some communities require Zone VE building code standards in the Coastal A Zone. These communities use the LiMWA to determine where higher construction standards are required. Through the Community Rating System (CRS), FEMA encourages sound floodplain management practices by offering reduced insurance rates within communities that proactively adopt flood mitigation actions. In coastal areas, CRS credits are offered to communities that use the LiMWA data to identify where structures should be improved to withstand the higher wave energy expected within the Coastal A Zone. Communities that require foundations designed and built to withstand Zone VE conditions in the Coastal A Zone can earn up to 225 CRS points. Communities that regulate structures in all flood hazard zones to follow Zone VE standards can earn up to 650 CRS points. Figure 2. Sample updated FIRM showing Zone AE, the LiMWA, and Zone VE. Base Flood Elevations for each zone are noted in parentheses below the Zone AE/VE text. “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” December 2017 Fact Sheet Using t he Limit of Moderate Wave Action (LiMWA) to Build Safer and Stronger Coastal Communities The National Flood Insurance Program (NFIP) depicts coastal flood hazards in two different zones on Flood Insurance Rate Maps (FIRMs): •Zone VE, also known as the Coastal High Hazard Area (CHHA), where flood hazards include wave heights equal to or greater than 3 feet; and •Zone AE, where flood hazards include wave heights less than 3 feet. Due to the high risk of structural damage, buildings within Zone VE must adhere to more stringent building requirements. Communities should also be adopting the most up-to-date building codes to ensure buildings are protected from the potential hazards of high-risk floods. Over the past decade, post-storm surveys of damage and laboratory tests have confirmed that wave heights as small as 1.5 feet can cause significant damage to coastal structures that are not built to withstand these hazards. This fact sheet describes how to use the information that is available to improve construction standards in coastal communities that have not adopted the most recent International Building Codes (I-Codes). On a FIRM, FEMA identifies where waves can reach heights of 1.5 feet or greater using a line called the Limit of Moderate Wave Action (LiMWA). Through the LiMWA shown on the FIRMs, homeowners and communities can better understand which portions of Zone AE are at risk of high wave energy. These portions, which make up the area between the LiMWA and Zone VE, are referred to collectively as the Coastal A Zone. While FEMA does not impose floodplain management requirements based on the LiMWA, the LiMWA communicates that a greater risk of flood damage is present in the Coastal A Zone. FEMA encourages the practice of building to Zone VE standards within the Coastal A Zone, and many local building codes require that buildings in the Coastal A Zone be built to Zone VE standards to be better protected from the dangers posed by waves. Zone VE Building Standards for Coastal Communities Communities that adopt Zone VE standards in the Coastal A Zone can receive Community Rating System (CRS) credits, which could lower flood insurance premiums for residents and business owners. 1.Buildings must be elevated on pile, post, pier, or column foundations. 2.Buildings must be adequately anchored to the foundation. 3.Structural fill is prohibited. 4.The bottom of the lowest horizontal structura lmember must be at or above the Base Flood Elevation (BFE). 5.The area below the BFE must be built of flood-resistant materials and free of obstructions. If enclosed, the enclosure must be made o flightweight wood lattice, insect screening, o rbreakaway walls. 6.The building design and method of construction must be certified by a design professional. For specific requirements, refer to Title 44 of th eCode of Federal Regulations, Section 60.3. “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” 2 Federal Emergency Management Agency Effects on Floodplain Management • For their safety, communities are encouraged to adopt the most recent I-Codes, but at minimum, to adopt construction standards in the Coastal A Zone similar to those for Zone VE. (Refer to the sidebar on page 1 for a summary.) • Many communities adopt a requirement for a structure to be built a few feet above the BFE, which is the potential height of a 1- percent-annual-chance flood. This added elevation, called freeboard, has at least two benefits: it adds a factor of safety to protect against flooding damage, and it reduces flood insurance premium costs. • CRS credits are available for participating communities that adopt Zone VE building standards in the Coastal A Zone. For more information on CRS, visit: www.fema.gov/national-flood-insurance-program- community-rating-system. Effects on Property Owners • Residents and business owners living or working in the Coastal A Zone should be aware that potential wave action and floating debris could cause significant damage to their property. Property owners are encouraged to exceed the minimum requirements and build “safer and higher” to reduce the risk to life and property. • Although the risk of damage is higher in the Coastal A Zone than in other Zone AE areas, NFIP rates for properties in the Coastal A Zone do not differ from those in other Zone AE areas. • A federal requirement to purchase flood insurance applies in Zones V, VE, A, and AE. Property owners are encouraged to carry coverage equivalent to the replacement cost of their building and to include additional coverage for the contents of their property. Options for Communities to Account for Coastal A Zones in Construction The following paragraphs provide options and sample ordinance language that communities can consider to implement higher standards in the Coastal A Zone. Ideally, communities should adopt the most recent I-Codes, which recognize the Coastal A Zone and provide construction requirements for those areas. Building codes represent the most comprehensive approach to addressing construction within the Coastal A Zone. The options below provide varying levels of increased protection, and communities can choose what is most suitable for their needs. Communities should consult their legal departments to ensure the ordinance language complies with other community standards and regulations. Adopt Zone VE standards for all properties∗ (most protective option) With this option, all development in the Coastal A Zone would be subject to the same building requirements enforced by the community in Zone VE. These requirements would include the building standards highlighted on the first page of this fact sheet and apply to all new construction, substantially damaged buildings, and buildings undergoing substantial improvements. ∗When using Zone VE standards in the Coastal A Zone, breakaway walls should include the appropriate number of flood openings to equalize hydrostatic loads in the enclosure. If the flood openings are not required by code, the lack of flood openings for the enclosure will result in increased flood insurance premiums. Requiring design and construction within the Coastal A Zone to meet Zone VE standards is a minimum requirement under widely adopted, consensus model building codes (International Building Code and International Residential Code) as well as FEMA assistance programs. Substantial Damage refers to the damage sustained by a building where the cost of restoring the building to its pre-damaged condition would equal or exceed 50 percent of the building’s market value before the damage occurred. Substantial Improvement refers to enhancements or repairs that will cost 50 percent or more of the building’s pre- improvement market value (unless otherwise specified by the community). “FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.” 3 Federal Emergency Management Agency Adopt Zone VE standards for residential structures, but continue to apply Zone AE requirements for non- residential structures∗ With this option, all new residential construction, including substantial improvements and substantial damage repairs, would be subject to the same building requirements enforced by the community in Zone VE. Sample language includes: • All new residential construction, substantial improvements, and repairs to substantially damaged buildings must comply with the building standards for Zone VE; and • All new non-residential construction, substantial improvements, and repairs to substantially damaged buildings must comply with the community floodplain ordinance for development in Zone AE. Additionally, communities could consider applying Zone VE standards to “light-framed construction” in the Coastal A Zone. (Wave damage is expected to be greater in buildings constructed using wood framing or light- gauge metal framing.) Adopt Zone VE standards for new construction only* For this option, Zone VE standards would apply only to new construction. Sample language for this option includes: • All new construction must comply with the building standards for Zone VE; and • All residential and non-residential buildings undergoing substantial improvement/repair must comply with the community’s floodplain ordinance for Zone AE development. Adopt Zone VE standards for critical facilities only* Sample language for this option includes: • All new construction and substantial improvement or repair of critical facilities or those undergoing substantial improvements in the Coastal A Zone must comply with the building standards for Zone VE. Adopt increased elevation requirements above the BFE—freeboard (least protective option)* While this option should reduce damage to a building’s floor system and walls, the foundation system will need to be designed to resist the hazards posed by waves and address scour and erosion. • Open foundations are recommended, with the option of a designed stem wall foundation (a continuous wall foundation with structural fill placed behind the wall system and the building constructed on a continuous slab, which caps the structural fill). The slab elevation should meet the freeboard requirements. Continuous wall foundations with a crawlspace should be avoided unless they are designed to resist breaking wave loads. • All foundations should be sufficiently deep to resist scour and erosion. Scour around continuous foundation walls can be significantly deeper than around pile foundations (open and deep foundations). • Pier foundations should also be designed to resist breaking wave loads and impact loads. Footings should account for scour and erosion. Communities that only adopt increased freeboard requirements should expect buildings constructed in Coastal A Zones to experience more damage during a flood than buildings designed to Zone VE requirements. ∗When using Zone VE standards in the Coastal A Zone, breakaway walls should include the appropriate number of flood openings to equalize hydrostatic loads in the enclosure. Even if the flood openings are not required by code, the lack of flood openings for the enclosure will result in increased flood insurance premiums. For More Information • To obtain model ordinances, check with your State NFIP Coordinator. • For more information on NFIP floodplain management requirements, visit: https://www.fema.gov/media- library/assets/documents/902 MOTION TO AMEND ORDINANCE NO. 9189-18 ON FIRST READING On page 24 of the ordinance, Sec. 51.1502 is amended to read as follows to add references to Coastal A Zones: Sec. 51.1502. Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 51.1503 shall: (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. (2) Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones. On page 27 of the ordinance, Sec. 47.005 is amended to read as follows to delete certain language, thereby establishing minimum floor elevation of one foot where applicable through this provision: Sec. 47.005. - Minimum floor elevation. (1) The minimum floor elevation for new buildings or additions to existing buildings shall be: (a) One foot above the crown of the pavement abutting the building site for the lowest floor, and six inches for all floors buildings and structures not considered the lowest floor as defined by section 51.03, City Code of Ordinances subject to the requirements of Chapter 51 Community Development Code or the Florida Building Code; or (b) Set by the city engineer for new developments or unusual building sites if the elevation exceeds the requirements of the Florida Building Code.; or (c) Set by the flood insurance rate maps. ___________________________ Pamela K. Akin City Attorney October 18, 2018 Ordinance No. 9189-18 1 ORDINANCE NO. 9189-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO FLOODPLAIN MANAGEMENT CONSISTENT WITH THE FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT’S REQUIREMENTS; AMENDING THE CITY OF CLEARWATER COMMUNITY DEVELOPMENT CODE BY REPEALING CHAPTER 51 FLOOD DAMAGE PREVENTION; ADOPTING A NEW CHAPTER 51 FLOOD DAMAGE PREVENTION WHICH ADOPTS FLOOD HAZARD MAPS, DESIGNATES A FLOODPLAIN ADMINISTRATOR, ADOPTS PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS AND FOR OTHER PURPOSES; AMENDING CHAPTER 47 TO ADOPT LOCAL ADMINISTRATIVE AND TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE RELATED TO FLOOD DAMAGE PREVENTION; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ______________________________________________________________________ WHEREAS, the Legislature of the State of Florida has, in Chapter 166 – Municipalities, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Clearwater, Florida and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, the City of Clearwater, Florida was accepted for participation in the National Flood Insurance Program on June 4, 1971 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative and technical amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the City Council is adopting a requirement to require accumulation of costs of improvements and repairs of buildings, based on issued building permits, over a one-year period, to increase the minimum elevation requirement, to require declarations of land restriction (nonconversion agreements) for enclosures below elevated dwellings, and to modify coastal high hazard requirements for application in Coastal A Zones, for buildings and structures in flood hazard areas for the purpose of participating in the National Flood Insurance Program’s Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and Ordinance No. 9189-18 2 WHEREAS, the City Council is adopting a requirement where new and substantially improved critical facilities shall be protected from damage and loss of access as a result of the 500-year flood or the flood of record whichever is higher for the purpose of participating in the National Flood Insurance Program’s Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and WHEREAS, the City Council has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clearwater, Florida that any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of any conflict, and the following floodplain management regulations are hereby adopted. SECTION 1. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): Chapter 51, Flood Damage Prevention, Community Development Code. Chapter 51 FLOOD DAMAGE PREVENTION ARTICLE I. ADMINISTRATION DIVISION 1. IN GENERAL Sec. 51.001. Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Clearwater, Florida, hereinafter referred to as “this chapter.” This chapter shall be a part of the Community Development Code, adopted pursuant to the authority set forth in Community Development Code Section 1-102. Sec. 51.002. Scope. The provisions of this chapter shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. Sec. 51.003. Intent. The purposes of this chapter and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; Ordinance No. 9189-18 3 (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. Sec. 51.004. Coordination with the Florida Building Code. This chapter is intended to be administered and enforced in conjunction with the Florida Building Code. Sec. 51.005. Warning. The degree of flood protection required by this chapter as amended by the city, and the Florida Building Code, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps (FIRMs) and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency (FEMA), requiring the city to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this chapter. Sec. 51.006. Disclaimer of Liability. This chapter shall not create liability on the part of the city, its officers, agents, elected or appointed officials or employees thereof for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder. DIVISION 2. APPLICABILITY Sec. 51.101. General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Sec. 51.102. Areas to which this chapter applies. This chapter shall apply to all flood hazard areas within the city, as established in Section 51.103. Sec. 51.103. Establishing flood hazard areas. (1) Basis for establishing flood hazard areas. The Flood Insurance Study for Pinellas County, Florida and Incorporated Areas, dated August 18, 2009 and all subsequent amendments and revisions, and the accompanying FIRMs, and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this chapter and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the City of Clearwater Engineering Department. (2) Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Article 1 of this Chapter, the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the city indicates that ground elevations: (a) Are below the closest applicable base flood elevation, even in areas not delineated as a Ordinance No. 9189-18 4 special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this chapter and, as applicable, the requirements of the Florida Building Code. (b) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Sec. 51.104. Other laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law. Sec. 51.105. Abrogation and greater restrictions. This chapter supersedes any ordinance or city code in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances or city codes including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this chapter and any other ordinance or city code, the more restrictive shall govern. This chapter shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this chapter. Sec. 51.106. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the city; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. DIVISION 3. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR Sec. 51.201. Designation. The Community Development Coordinator shall be designated as the Floodplain Administrator for the purposes of this chapter. The Floodplain Administrator may delegate performance of certain duties to other employees. Sec. 51.202. General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this chapter. The Floodplain Administrator shall have the authority to render interpretations of this chapter consistent with the intent and purpose of this chapter and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this chapter without the granting of a variance pursuant to Division 7 of this article. Sec. 51.203. Applications and permits. The Floodplain Administrator duties, in coordination with other pertinent departments of the city, shall include, but not be limited to: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this chapter; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; Ordinance No. 9189-18 5 (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue permits or approvals in flood hazard areas for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this chapter is demonstrated, or disapprove the same in the event of noncompliance; and (8) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this chapter. Sec. 51.204. Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Review market value estimate or appraisal to determine if it is complete, reasonable for the specific characteristics of the building, and that it does not include the value of land, land improvements or accessory buildings; (3) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (4) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of “substantial improvement”; and (5) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this chapter is required. Sec. 51.205. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Division 7 of this article. Sec. 51.206. Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this chapter. Sec. 51.207. Inspections. The Floodplain Administrator shall make the required inspections as specified in Division 6 of this article for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. Ordinance No. 9189-18 6 Sec. 51.208. Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: (1) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 51.204; (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the FEMA; (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the FIRMs if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by this chapter and the Florida Building Code to determine that such certifications and documentations are complete; (5) Notify FEMA when the corporate boundaries of the City are modified; and (6) Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on FIRMs as “Coastal Barrier Resource System Areas” and “Otherwise Protected Areas.” Sec. 51.209. Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this chapter and the flood resistant construction requirements of the Florida Building Code, including FIRMs; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this chapter; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Official Records & Legislative Services Department. DIVISION 4. PERMITS Sec. 51.301. Permits required. Any applicant who intends to undertake any development activity within the scope of this chapter, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this chapter and all other applicable codes and regulations has been satisfied. Issuance of a permit by the city does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the city for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill obligations imposed by a state or federal agency or undertakes actions that result in a violation of Ordinance No. 9189-18 7 state or federal law. Sec. 51.302. Permits or approvals in flood hazard areas. Permits or approvals in flood hazard areas shall be issued pursuant to this chapter for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Sec. 51.303. Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), if located in flood hazard areas, permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this chapter: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on FIRMs. Sec. 51.304. Application for a permit or approval. To obtain a permit or approval for development in a flood hazard area the applicant shall first file an application in writing on a form furnished by the City. The information provided shall include, but shall not be limited to, the following: (1) Identify and describe the development to be covered by the permit or approval; (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site; (3) Indicate the use and occupancy for which the proposed development is intended; (4) Be accompanied by a site plan or construction documents as specified in Division 5 of this article; (5) State the valuation of the proposed work; (6) Be signed by the applicant or the applicant's authorized agent; (7) Give such other data and information as required by the Floodplain Administrator; and (8) For projects proposing to enclose areas under elevated buildings, a signed Declaration of Land Restriction (Nonconversion Agreement); the agreement shall be recorded on the property deed prior to issuance of the Certificate of Occupancy. Sec. 51.305. Validity of permit or approval. The issuance of a permit or approval for development in a flood hazard area pursuant to this chapter shall not be construed to be a Ordinance No. 9189-18 8 permit for, or approval of, any violation of this chapter, the Florida Building Codes, or any other ordinance or city code. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. Sec. 51.306. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. Sec. 51.307. Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit or approval for development in a flood hazard area if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this chapter or any other City, state or federal ordinance, regulation or requirement. Sec. 51.308. Other permits required. Permits for development in flood hazard areas and building permits shall include a condition that all other applicable county, state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The Southwest Florida Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; section 161.141, F.S. (4) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (5) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (6) Federal permits and approvals. DIVISION 5. SITE PLANS AND CONSTRUCTION DOCUMENTS Sec. 51.401. Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 51.402(2) or (3). (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 51.402(1). (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. Ordinance No. 9189-18 9 (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation, including any proposed compensatory excavation. (6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (7) Delineation of the Coastal Construction Control Line or notation that the site is seaward of the coastal construction control line, if applicable. (8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. (9) Existing and proposed alignment of any proposed alteration of a watercourse. (10) Elevation of all structures, in relation to the datum on the Flood Insurance Rate Map, of the lowest floor, including basement, or lowest horizontal structural member, as applicable. (11) Datum used to determine the floodplain elevation and source of data. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this chapter but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this chapter. Sec. 51.402. Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. Sec. 51.403. Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed professional engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed Ordinance No. 9189-18 10 development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 51.404 and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to the city for approval and FEMA as specified in Section 51.404. (4) For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. Sec. 51.404. Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. DIVISION 6. INSPECTIONS Sec. 51.501. General. Development for which a permit or approval for development in a flood hazard area is required shall be subject to inspection. Sec. 51.502. Development other than buildings and structures. The Floodplain Administrator or designee shall inspect all development to determine compliance with the requirements of this chapter and the conditions of issued permits or approvals for development in a flood hazard area. Sec. 51.503. Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this chapter and the conditions of issued permits or approvals for development in a flood hazard area. (1) Lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner’s authorized agent, shall submit to the Floodplain Administrator: (a) If a design flood elevation was used to determine the required elevation of the lowest Ordinance No. 9189-18 11 floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (b) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 51.402(3)(b), the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner’s authorized agent. (2) Final inspection. As part of the final inspection, the owner or owner’s authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 51.503(1). Sec. 51.504. Manufactured homes. The Building Official shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this chapter and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Building Official. DIVISION 7. VARIANCES AND APPEALS Sec. 51.601. General. The Building/Flood Board of Adjustment and Appeals shall hear and decide on requests for appeals and requests for variances from the strict application of this chapter and from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building Code, Building. Sec. 51.602. Appeals. The Building/Flood Board of Adjustment and Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this chapter. The procedures for the Building/Flood Board of Adjustment and Appeals are located in Section 47.034 of the city’s Community Development Code, and procedures dealing with appeals and variances are located in Section 47.035. In order to grant an appeal, overturning or modifying the decision appealed from, the Building/Flood Board of Adjustment and Appeals shall find that based on substantial competent evidence presented by the applicant or other party, each and every one of the following criteria are met: (1) The decision appealed from misconstrued or incorrectly interpreted the provisions of this chapter; (2) The decision of the Building/Flood Board of Adjustment and Appeals will be in harmony with the general intent and purpose of this chapter; and (3) The decision of the Building/Flood Board of Adjustment and Appeals will not be detrimental to the public health, safety and general welfare. A decision of the board shall be final, subject to judicial review by certiorari in circuit court. Sec. 51.603. Limitations on authority to grant variances. The Building/Flood Board of Adjustment and Appeals shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 51.607, the conditions of issuance set forth in Section 51.608, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Building/Flood Board of Adjustment and Appeals Ordinance No. 9189-18 12 has the right to attach such conditions as it deems necessary to further the purposes and objectives of this chapter. Sec. 51.604. Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 51.403. Sec. 51.605. Historic buildings. A variance is authorized to be issued for the repair, improvement, reconstruction, restoration or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, reconstruction, restoration or rehabilitation will not preclude the building’s continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building’s continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, reconstruction, restoration and rehabilitation shall be subject to the requirements of the Florida Building Code. Historic properties may be required to obtain a certificate of appropriateness pursuant to the city code. No fee shall be required for the variance application and, if the historic structure has a current certificate of appropriateness, no notice of the variance shall be required. Sec. 51.606. Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this chapter, provided the variance meets the requirements of Section 51.604, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. Sec. 51.607. Considerations for issuance of variances. In reviewing requests for variances, the Building/Flood Board of Adjustment and Appeals shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this chapter, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, Ordinance No. 9189-18 13 electrical and water systems, streets and bridges; and (11) The necessity of the proposed development to a waterfront location, in the case of a functionally dependent use or facility. Sec. 51.608. Conditions for issuance of variances. Upon consideration of the factors listed in Section 51.607, and the purposes of this chapter, the Building/Flood Board of Adjustment and Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Variances shall be issued only upon: (1) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this chapter or the required elevation standards. The burden shall be on the applicant to provide documentation, sufficient to the satisfaction of the Floodplain Administrator, to show that the standards and conditions required for the granting of a variance have been met; (2) Determination by the Building/Flood Board of Adjustment and Appeals that: (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship. For the purpose of this section, an exceptional hardship can only be caused by a peculiar and unique circumstance related directly to the land and shall not be the result of inconvenience, aesthetic consideration, physical or medical handicap, personal preference, financial considerations, or any after-the-fact circumstance created by the inhabitants of the structure or the present or previous property owners; (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief. (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court at the applicant’s expense, and in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. DIVISION 8. VIOLATIONS Sec. 51.701. Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this chapter that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this chapter, shall be deemed a violation of this chapter. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this chapter or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. Ordinance No. 9189-18 14 Sec. 51.702. Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this chapter and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner’s agent, or to the person or persons performing the work. Sec. 51.703. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by Article 7 of the city’s Community Development Code. ARTICLE II. DEFINITIONS DIVISION 1. IN GENERAL Sec. 51.801. Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this chapter, have the meanings shown in this article. Sec. 51.802. Terms defined in the Florida Building Code. Where terms are not defined in this chapter or the city code and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in the Florida Building Code. Sec. 51.803. Terms not defined. Where terms are not defined in this chapter, the city code, or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. DIVISION 2. DEFINITIONS Actual Cash Value means the present day cost to replace a building on the same parcel with a new building of the same size and configuration that is intended for the same purpose and using comparable materials and quality, minus depreciation for age, use, neglect and quality of construction. Actual Cash Value does not consider loss in value due to outmoded design or location factors. Adverse Impact means any modifications, alterations or effects on a feature or characteristic of water or floodprone lands, including their quality, quantity, hydrodynamics, surface area, species composition, living resources, aesthetics or usefulness for human or natural uses which are or potentially may be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity or stability or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts. Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal means a request for a review of the Building Official’s and/or Floodplain Administrator’s interpretation of any provision of this chapter. ASCE 24 means a standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Ordinance No. 9189-18 15 Civil Engineers. Base flood means a flood having a 1-percent chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "100-year flood" or the “1-percent-annual chance flood.” Base flood elevation means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). Basement means the portion of a building having its floor subgrade (below ground level) on all sides. Building means any structure built for support, shelter or enclosure for any occupancy or storage. Building official means the building official of the city within the meaning of the building code adopted for enforcement within the city. City engineer means the city engineer or Director of Engineering of the city. Coastal A Zone means flood hazard areas that have been delineated as subject to wave heights between 1 ½ feet (457 mm) and 3 feet (914 mm). Such areas are seaward of the Limit of Moderate Wave Action shown on the Flood Insurance Rate Map. Coastal construction control line means the line established by the State of Florida pursuant to section 161.053, F.S., and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions. Coastal high hazard area means a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as “high hazard areas subject to high velocity wave action” or “V Zones” and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. This term is not to be confused with the “coastal high hazard area” defined in the City of Clearwater Comprehensive Plan, which is based upon the Sea, Lake and Overland Surges from Hurricanes (SLOSH) model, and used for land use planning purposes. Compensatory excavation means that excavation within or directly contiguous to a floodplain for the purpose of hydraulically balancing proposed fill. Critical Facility means structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials; Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after flood; and Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood. Declaration of Land Restriction (Nonconversion Agreement) means a form provided by the Ordinance No. 9189-18 16 Floodplain Administrator to be signed by the owner and recorded on the property deed in Official Records of the Clerk of Courts, for the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, enclosures below elevated dwellings. Design flood means the flood associated with the greater of the following two areas: (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated. Design flood elevation means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. Development means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure means any buildings and structures for which the “start of construction” commenced before June 4, 1971. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 4, 1971. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means the federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage-resistant materials means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. Ordinance No. 9189-18 17 Flood hazard area means the greater of the following two areas: (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM) means the official map of the community on which the Federal Emergency Management Agency (FEMA) has delineated both special flood hazard areas and the risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by the Federal Emergency Management Agency (FEMA) that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. Floodplain means the lateral extent of inundation by an event of given statistical frequency, such as special flood hazard areas as designated in the FIRMs and 100-year floodplain as designated in the City. Floodplain Administrator means the office or position designated and charged with the administration and enforcement of this chapter. Floodway means the channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Floodway, Regulatory The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Communities must regulate development in these floodways to ensure that there are no increases in upstream flood elevations. For streams and other watercourses where FEMA has provided Base Flood Elevations (BFEs), but no floodway has been designated, the community must review floodplain development on a case-by-case basis to ensure that increases in water surface elevations do not occur, or identify the need to adopt a floodway if adequate information is available. Floodway encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida Building Code means the family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas. Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Ordinance No. 9189-18 18 Hazardous material means those chemicals or substances that are physical hazards or health hazards as defined and classified in the Florida Building Code and the Florida Fire Prevention Code, whether the materials are in usable or waste condition. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure means any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Letter of Map Change (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light-duty truck means as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off-street or off-highway operation and use. Lowest floor means the lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia nitida); Ordinance No. 9189-18 19 red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Conocarpus erecta). Manufactured home means a structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or “park trailer.” Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. The market value of a non-residential building does not include the value of the use or occupancy. Market value may be established by a qualified independent appraiser using a recognized appraisal method or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction means for the purposes of administration of this chapter and the flood resistant construction requirements of the Florida Building Code, structures for which the “start of construction” commenced on or after June 4, 1971 and includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 4, 1971. Park trailer means a transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. Recreational vehicle means a vehicle, including a park trailer, which is: (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Sand dunes means a mound, bluff, or ridge of loose sediment, usually sand-sized sediment, lying upward of the beach and deposited by any natural or artificial mechanism, which may be bare or covered with vegetation and is subject to fluctuations in configuration and location. Special flood hazard area means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone Ordinance No. 9189-18 20 A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. Start of construction means the date of issuance of permit for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means any object anchored to the ground, constructed or installed by humankind, including signs, buildings, parking lots, garages, carports, flagpoles, stoops and utility buildings (Note: All buildings are structures, but, not all structures are buildings). Substantial damage means damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. Substantial improvement means any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a one year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the one– year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. (2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. Variance means a grant of relief from the requirements of this chapter, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this chapter or the Florida Building Code. Watercourse means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least intermittently. ARTICLE III. FLOOD RESISTANT DEVELOPMENT DIVISION 1. LIMITATIONS ON DEVELOPMENT Sec. 51.901. Development not permitted in floodways, isolated wetlands, and Ordinance No. 9189-18 21 preservation areas. No new development, substantial improvement, or fill shall be permitted within the regulatory floodway, isolated designated wetlands, or environmentally sensitive areas that are designated as preservation areas on the future land use map adopted by the City of Clearwater. Sec. 51.902. Development permitted outside of floodways. Development, redevelopment or fill is permitted outside of floodways if compensatory excavation is provided. Engineering studies and analyses shall be submitted to demonstrate compensatory excavation hydraulically balances the proposed development, redevelopment or fill. Compensatory excavation shall be taken between the seasonal high water level and the base flood elevation and shall not create adverse impacts to the special flood hazard area. The Floodplain Administrator may waive the requirement for compensatory excavation if the applicant demonstrates that no adverse effects will result from the proposed activities outside the floodway and within the floodplain. DIVISION 2. BUILDINGS AND STRUCTURES Sec. 51.1001. Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 51.303, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Division 8 of this article. Sec. 51.1002. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: (1) Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322, as applicable. (2) Minor structures and non-habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this chapter and ASCE 24. Sec. 51.1003. Critical Facilities in the 500-year flood. New and substantially improved critical facilities, where permitted, are required to have lowest floors elevated to or above the 500-year flood elevation or the elevation of the flood or record, whichever is higher, and have flood-free access and egress during the 500-year flood or the flood of record, whichever is higher. DIVISION 3. SUBDIVISIONS Sec. 51.1101 Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures; and (4) Structures are constructed above the base flood elevation. Base flood elevation shall be Ordinance No. 9189-18 22 submitted by the applicant. Sec. 51.1102 Subdivision plans. Where any portion of a subdivision, regardless of type, lies within a flood hazard area, the following shall be required, in addition to any other requirement of the Community Development Code: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on the site plan; (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations shall be determined in accordance with Section 51.402(1); and (3) Compliance with the site improvement and utilities requirements of Division 4 of this article. DIVISION 4. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS Sec. 51.1201. Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Sec. 51.1202. Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on- site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. Sec. 51.1203. Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. Sec. 51.1204. Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 51.403(1) demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. Sec. 51.1205. Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code, state and federal laws. Sec. 51.1206. Limitations on sites in coastal high hazard areas (Zone V). In coastal high Ordinance No. 9189-18 23 hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 51.403(4) demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 51.1608(3). DIVISION 5. MANUFACTURED HOMES Sec. 51.1301. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this chapter. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. Sec. 51.1302. Limitations on installations in coastal high hazard areas (Zone V). New installations of manufactured homes shall be permitted only in existing manufactured home parks and existing manufactured home subdivisions. Sec. 51.1303. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential and this chapter. (2) In coastal high hazard areas (Zone V) and Coastal A Zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential and this chapter. Foundations for manufactured homes subject to Section 51.1305(3) are permitted to be reinforced piers or other foundation elements of at least equivalent strength. Sec. 51.1304. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable anchoring requirements for wind resistance from the U.S. Department of Housing and Urban Development and the U.S. Department of Transportation. Sec. 51.1305. Elevation Requirements. (1) Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 51.13065(2) or 51.13075(3), as applicable. (2) General elevation requirement. Unless subject to the requirements of Section 51.1305(3), all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential. Ordinance No. 9189-18 24 (3) Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 51.1305(2), including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (1) Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential; or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. Sec. 51.1306. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential for such enclosed areas, as applicable to the flood hazard area. Sec. 51.1307. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential, as applicable to the flood hazard area. DIVISION 6. RECREATIONAL VEHICLES AND PARK TRAILERS Sec. 51.1401. Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick- disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. Sec. 51.1402. Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 51.1401 for temporary placement shall meet the requirements of Division 5 of this article for manufactured homes. DIVISION 7. TANKS Sec. 51.1501. Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. Sealed engineering designs for anchoring and securing of tanks shall be provided with building permit application. Sec. 51.1502. Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 51.1503 shall: (1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. (2) Not be permitted in coastal high hazard areas (Zone V) and Coastal A Zones. Sec. 51.1503. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall Ordinance No. 9189-18 25 be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. Sealed engineering designs for anchoring and securing of tanks shall be provided with building permit application. Sec. 51.1504. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. DIVISION 8. OTHER DEVELOPMENT Sec. 51.1601. General requirements for other development. All development, including man- made changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Meet the limitations of Section 51.1204 if located in a regulatory floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage-resistant materials; (5) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations; and (6) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. Sec. 51.1602. Fences in regulatory floodways. Fences in regulatory floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 51.1204. Sec. 51.1603. Retaining walls, sidewalks and driveways in regulatory floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulatory floodways shall meet the limitations of Section 51.1204. Sec. 51.1604. Roads and watercourse crossings in regulatory floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulatory floodways shall meet the limitations of Section 51.1204. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 51.403(3). Sec. 51.1605. Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs Ordinance No. 9189-18 26 are designed and constructed to be: (1) Structurally independent of the foundation system of the building or structure; (2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and (3) Have a maximum slab thickness of not more than four (4) inches. Sec. 51.1606. Decks and patios in coastal high hazard areas (Zone V) and Coastal A Zones. In addition to the requirements of the Florida Building Code, in coastal high hazard areas and Coastal A Zones decks and patios shall be located, designed, and constructed in compliance with the following: (1) A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. (2) A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. (3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. Sec. 51.1607. Other development in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: (1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures; (2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and (3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. Sec. 51.1608. Nonstructural fill in coastal high hazard areas (Zone V) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones: (1) Minor grading and the placement of minor quantities of nonstructural fill shall be Ordinance No. 9189-18 27 permitted for landscaping and for drainage purposes under and around buildings. (2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. (3) Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building, subject to Section 51.403. DIVISION 9. HAZARDOUS MATERIALS Sec. 51.1701. Manufacture and storage of hazardous materials. Structures used for the manufacture or storage of hazardous materials shall not be permitted in any floodplain or floodway. Sec. 51.1702. Discharge of hazardous materials. It shall be unlawful for any person to discharge, cause to be discharged, or allow to be discharged any hazardous materials within any floodplain or floodway. SECTION 2. Chapter 47, Buildings and Building Regulations, Section 47.005 Minimum Floor Elevation and Section 47.051 Adoption and Enforcement, Community Development Code are hereby amended as follows: Sec. 47.005. - Minimum floor elevation. (1) The minimum floor elevation for new buildings or additions to existing buildings shall be: (a) One foot above the crown of the pavement abutting the building site for the lowest floor, and six inches for all floors buildings and structures not considered the lowest floor as defined by section 51.03, City Code of Ordinances subject to the requirements of Chapter 51 Community Development Code or the Florida Building Code; or (b) Set by the city engineer for new developments or unusual building sites if the elevation exceeds the requirements of the Florida Building Code.; or (c) Set by the flood insurance rate maps. (2) The building official is hereby designated and authorized to enforce this requirement. * * * * * * * * * * Sec. 47.051. - Adoption and enforcement. * * * * * * * * * * (2) The codes and standards described in this section, referred to generally as the "codes," shall be the editions described in this section or later editions as may subsequently be adopted or amended by the Florida Building Commission Pinellas County Construction Licensing Board or by the city pursuant to Section 47.054 of this Code. Except the administrative sections or provisions and such other provisions of each code as are Ordinance No. 9189-18 28 amended and set forth in this chapter. A copy of each code and amendments shall be kept on file in the office of the city clerk. SECTION 3. Chapter 47, Buildings and Building Regulations, Clearwater Community Development Code, is hereby amended to include a new Section 47.054 which incorporates language and makes the following administrative and technical amendments to the Florida Building Code. In this section, the amendments to the Florida Building Code are shown in double-underline for added language and strike-through for deleted language. Sec. 47.054. – Amendments to the Florida Building Code. (1) The Florida Building Code, Building is adopted in section 47.051 of this Code, with the following administrative amendment(s): (a) Florida Building Code, Building Section 107.3.5, is amended to read as follows: 107.3.5 Minimum plan review criteria for buildings. * * * * * * * * * * Residential (one- and two-family): * * * * * * * * * * 6. Structural requirements shall include: * * * * * * * * * * Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement), equipment, and flood damage-resistant materials. (2) Florida Building Code, Building is adopted in section 47.051 of this Code, with the following technical amendment(s): (a) Florida Building Code, Building Section 202, definition of Substantial Improvement, is amended to read as follows: SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, taking place during a one- year period in which the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the one-year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has sustainedincurred “substantial damage,” any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that isare the minimum necessary to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. (b) Florida Building Code, Building Section 1612.4 Design and Construction, is amended to read as follows: * * * * * * * * * * Ordinance No. 9189-18 29 1612.4 Design and construction. * * * * * * * * * * 1612.4.1 Modification of ASCE 24. Reserved. Table 6-1 and Section 6.2.1 in ASCE 24 shall be modified as follows: 1. The title of Table 6.1 shall be “Minimum Elevation of Floodproofing, Relative to Base Flood Elevation (BFE) or Design Flood Elevation (DFE), in Coastal A Zones and in Other Flood Hazard Areas that are not High Risk Flood Hazard Areas.” 2. Section 6.2.1 shall be modified to permit dry floodproofing in Coastal A Zones, as follows: “Dry floodproofing of nonresidential structures and nonresidential areas of mixed-use structures shall not be allowed unless such structures are located outside of High Risk Flood Hazard areas and Coastal High Hazard Areas. Dry floodproofing shall be permitted in Coastal A Zones provided wave loads and the potential for erosion and local scour are accounted for in the design. Dry floodproofing of residential structures or residential areas of mixed-use structures shall not be permitted.” 1612.4.2 Modification of ASCE 24 (Coastal A Zone). Section 4.5.13 in ASCE 24 shall be modified as follows: 1. Paragraph 1 shall be modified: “In Coastal High Hazard Areas and Coastal A Zones, stem walls shall not be permitted.” 2. Paragraph 2 shall be deleted. 1612.4.3 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 2 feet (610 mm), whichever is higher. (3) The Florida Building Code, Existing Building, is adopted in section 47.051 of this Code, with the following technical amendment(s): (a) Florida Building Code, Existing Building Section 202, definition of Substantial Improvement, is amended to read as follows: SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code, means any combination of repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure taking place during a one year period, in which the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure, before the improvement or repair is started. For each building or structure, the one-year period begins on the date of issuance of a certificate of completion/certificate of occupancy or completion of final inspection if such a certificate is not applicable for improvement or repair of that building or structure subsequent to November 20, 2003. If the structure has sustainedincurred “substantial damage,” any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the code building official and that isare the minimum necessary to ensure safe living conditions.; or 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure. Ordinance No. 9189-18 30 (4) The Florida Building Code, Residential, is adopted in section 47.051 of this Code, with the following technical amendments: (a) Florida Building Code, Residential Section R322.2.1, Elevation Requirements, is amended to read as follows: R322.2.1 Elevation Requirements. 1. Buildings and structures in flood hazard areas including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 2 feet 1 foot (305 mm), or the design flood elevation, whichever is higher. 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 2 feet 1 foot (305 mm), or not less than 4 feet 3 feet (915 mm) if a depth number is not specified. 3. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 2 feet 1 foot (305 mm), or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements with floors that are not below grade on all sides, shall meet the requirements of Section 322.2.2. (b) Florida Building Code, Residential Section R322.3.2, Elevation Requirements, is amended to read as follows: R322.3.2 Elevation Requirements. 1. Buildings and structures erected within coastal high-hazard areas and Coastal A Zones, shall be elevated so that the bottom of the lowest horizontal structure members supporting the lowest floor, with the exception of pilings, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus 2 feet 1 foot (305 mm) or the design flood elevation, whichever is higher. 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. 5. Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. (c) Florida Building Code, Residential Section R322.3.3, Foundations, is amended to delete the “Exception” and now reads as follows: R322.3.3 Foundations. Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be supported on pilings or columns and shall be adequately anchored to such pilings or columns. The space below the elevated building shall be either free of obstruction or, if enclosed with walls, the walls shall meet the requirements of Section R322.3.4. Pilings shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift). Water-loading values used shall be those associated with the design flood. Wind-loading values shall be those required by this Ordinance No. 9189-18 31 code. Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling. Pile systems design and installation shall be certified in accordance with Section R322.3.6. Spread footing, mat, raft or other foundations that support columns shall not be permitted where soil investigations that are required in accordance with Section R401.4 indicate that soil material under the spread footing, mat, raft or other foundation is subject to scour or erosion from wave- velocity flow conditions. If permitted, spread footing, mat, raft or other foundations that support columns shall be designed in accordance with ASCE 24. Slabs, pools, pool decks and walkways shall be located and constructed to be structurally independent of buildings and structures and their foundations to prevent transfer of flood loads to the buildings and structures during conditions of flooding, scour or erosion from wave- velocity flow conditions, unless the buildings and structures and their foundations are designed to resist the additional flood load. Exception: In Coastal A Zones, stem wall foundations supporting a floor system above and backfilled with soil or gravel to the underside of the floor system shall be permitted provided the foundations are designed to account for wave action, debris impact, erosion and local scour. Where soils are susceptible to erosion and local scour, stem wall foundations shall have deep footings to account for the loss of soil. SECTION 4. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance 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 and the Florida Building Commission within 30 days after adoption. Ordinance No. 9189-18 32 PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9150-18 2nd rdg contd Agenda Date: 11/1/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.3 SUBJECT/RECOMMENDATION: Withdrawn: Adopt Ordinance 9150-18 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use for certain real property whose post office address is 1510 Barry Road, Clearwater, Florida, from Residential/Office General (R/OG) and Residential Urban (RU) to Institutional (I). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/25/2018 Ordinance No. 9150-18 ORDINANCE NO. 9150-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATIONS FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF BARRY ROAD APPROXIMATELY 650 FEET EAST OF SOUTH HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1510 BARRY ROAD FROM RESIDENTIAL/OFFICE GENERAL (R/OG) AND RESIDENTIAL URBAN (RU), TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City’s Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is changed by designating the land use categories for the hereinafter described property as follows: Property Land Use Category See attached Exhibit A for Legal Description From: Residential/Office General (R/OG) and Residential Urban (RU) (LUP2018-02002) To: Institutional (I) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon and subject to the approval of the land use change by the Pinellas County Board of Commissioners, where applicable, and thirty- one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City’s Comprehensive Plan as amended by this ordinance. Ordinance No. 9150-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 1510 Barry Road LEGAL DESCRIPTION: Parcel ID: 23‐29‐15‐00000‐210‐0100 (PER O.R. 5662, PG. 1443) PARCEL 1: Starting at the Northwest corner of Section 23, Township 29 South, Range 15 East and run South 89°03'13" East along the North line of said section 23, 1374.07 feet; thence South 0°02'03" East along the East right of way of Highland Avenue 33.0 feet; thence South 89°03'13" East 330.06 feet to a POINT OF BEGINNING; thence continue South 89°03'13" East 330.05 feet; thence South 00°10'16" East 209.38 feet; thence North 89°01'30" West 33.00 feet; thence South 0°10'16" East 12.69 feet; thence North 89°03'13" West along the Northerly right of way of Barry Street 297.57 feet; thence North 0°02'03" West 222.04 feet to the POINT OF BEGINNING. PARCEL 2: The East 297.05 feet of the North 33.00 feet of the Northwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, as described in Special Warranty Deed recorded in O.R. Book 1112, Page 115, Public Records of Pinellas County, Florida. Parcel ID: 23‐29‐15‐30366‐000‐0700 PARCEL 3: Lot 70, FIRST ADDITION TO GATES KNOLL, according to the map or plat thereof recorded in Plat Book 38, Page 43; Public Records of Pinellas County, Florida. Exhibit B 6090 3013581 25 26 27 28 29 30 39 38 37 36 35 40 41 42 43 1 2 3 4 5 48 34/05 2.62 34/06 STEVENSON CREEK 80 66663333603329034 45063 30366 16509 81 80 79 78 70 71 72 73 6 69 68 67 66 65 64 54 55 56 57 58 59 53 52 51 50 49 4 5 1.94 21/01 AC(C) AC 11I RH RU R/OG RU RUCG R/OG RU RH RU BARRY RD S HIGHLAND AVE JEFFORDS ST BUDLEIGH ST TUSCOLA RD 15201567156515521563155915701558157015511201 156415651562155815591559155615701225 15711551155415761555157215761557156815711235 1111 15581575157115601235 1235 1550155715508 155115541562155132 00 12 28 36 0 151024 26 38 A -Not to Scale--Not a Survey-Rev: 4/19/2018 PROPOSED FUTURE LAND USE MAP Owner(s): 1510 Barry Holding LLC Case: LUP2018-02002, REZ2018-02001 Site: 1510 Barry Road Property Size(Acres): ROW (Acres): 2.137 Land Use Zoning PIN: 23-29-15-00000-210-0100 23-29-15-30366-000-0700 From : Residential/Office General (R/OG) & Residential Urban (RU) Office (O) & Low Medium Density Residential (LMDR) Atlas Page: 307A To: Institutional (I) Institutional (I) PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 18, 2018 AGENDA ITEM: E.2. CASE: LUP2018-02002 REQUEST: To amend the Future Land Use Map designation from Residential/Office General (R/OG) and Residential Urban (RU) to Institutional (I) GENERAL DATA: Applicant ......................... Todd Pressman Owner ............................. 1510 Barry Holdings LLC Location .......................... 1510 Barry Road, located on the north side of Barry Road approximately 650 feet east of South Highland Avenue Property Size ................... 2.137 acre property Background: This case involves a 2.137 acre property consisting of three parcels located on the north side of Barry Road approximately 650 feet east of South Highland Avenue. The property is owned by 1510 Barry Holdings LLC and is occupied by vacant buildings totaling 26,238 square foot with ancillary off-street parking that was last used as an office (Tampa Bay Computer Society) in 2015. The proposed amendment area has frontage on Barry Road (430 feet) and Jeffords Street terminates at the northeast corner of the site. Stevenson Creek enters the property from the east as an open channel and is then undergrounded into culverts at the east property line and extends under the property. The majority of the property (1.92 acres) is designated Residential/Office General (R/OG) while only a small portion (0.238 acres) on the east is Residential Urban (RU). Maps 1 and 2 show the general location of the property and an aerial view of the proposed amendment area. The existing office was constructed in 1965 and is vacant. The applicant submitted an application for site plan review, and indicated the intended use is a half-way house; however, the application was withdrawn at the applicant’s request (FLD2018-03009). The property has two prior site plan approvals (FLD2013-02003, FLD2016-11036) for an educational facility and an assisted living facility (ALF), respectively. Building construction permits (BCP2015-10344, BCP2016-09425) were issued for the improvements for the ALF, but were later voided. The property is in the AE flood zone and the applicant had indicated through the site plan application that the existing structures will be renovated, but improvements will remain below 50% of the FEMA Substantial Improvement/Substantial Damage assessment. The Pinellas County Property Appraiser’s Community Development Board –September 18, 2018 LUP2018-02002 - Page 2 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION website lists this as $468,481 for the buildings as of August 8, 2018. This limits the improvements to the buildings to $234,240. The property has an active stop work order (SWO2018-03025) and an active unsafe building (UNS2018-00006) violation as well as code violations. These include public nuisance case PNU2018-00181 for an unsecure structure, which was remediated by the City in 2018 with a lien of $2,392.25, and additionally PNU2017-01340 for an abandoned building which is actively accruing liens and as of July, 2018 has liens over $95,000. The proposed halfway house use is not allowed within the property’s current zoning district and is only permitted in the Institutional (I) District. The request is to change the Future Land Use Map designation of the proposed amendment area from Residential/Office General (R/OG) and Residential Urban (RU) to Institutional (I) to accommodate the use of a halfway house. A request to rezone the proposed amendment area from the Office (O) and Low Medium Density Residential (LMDR) Districts to the Institutional (I) District is being processed concurrently with this case (see REZ2018-02001). Map 1 Map 2 Vicinity Characteristics: Map 3 shows the existing surrounding uses. The immediate area to the northwest is developed with an ALF (Highland Pines Rehabilitation), to the north is a vacant ALF (Highland Terrace Retirement) and the area to the northeast across Jeffords Street consists of single-family houses. Abutting to the east are single-family homes. To the southeast across Barry Road are single-family homes; to the south and southwest across Barry Road is an ALF (Pine Berry Senior Apartments). The area to the west consists of offices. Community Development Board –September 18, 2018 LUP2018-02002 - Page 3 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 Map 4 As shown on Map 4, the abutting future land use designations are Residential/Office General (R/OG) to the west and northwest. Abutting to the north and to the south across Barry Road is Residential High (RH). To the northeast across Jeffords Street, directly to the east, and to the southeast across Barry Road is Residential Urban (RU). To the southwest across Barry Road is Commercial General (CG). A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential/Office General (R/OG) Present FLUM Designation Residential Urban (RU) Requested FLUM Designation Institutional (I) Primary Uses: Medium Density Residential; Residential Equivalent; Office Urban Low Density Residential; Residential Equivalent Public/Private Schools; Churches; Public Offices; Hospitals; Residential Equivalent Maximum Density: 15 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre 12.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.50; ISR 0.75 FAR 0.40; ISR 0.65 FAR 0.65; ISR 0.85 Consistent Zoning Districts: Medium Density Residential (MDR); Office (O) Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Institutional (I) Community Development Board –September 18, 2018 LUP2018-02002 - Page 4 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: The following goal, objectives and policies of the Clearwater Comprehensive Plan are not supportive of the proposed amendment: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the City’s Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map, and shall be implemented through the City’s Community Development Code. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Additionally, the Comprehensive Plan Map A-14 identifies the area with “Neighborhood Character Features”. In the map attachment it details that this includes “… elements that give neighborhoods their distinct personalities.” In addition, in the City’s Comprehensive Plan, South Highland Avenue is not identified as a redevelopment corridor, indicating that the Comprehensive Plan supports the area staying generally as-is. As stated in the introduction to the City’s Comprehensive Plan Future Land Use Element, the Goals, Objectives and Policies provide for sustainable redevelopment and infill development, as well as neighborhood preservation, and are “… designed to preserve and enhance community character and quality of life, while ensuring continued economic vitality of the community.” The request is not considered a “catalytic project” as identified in Objective A.6.1., above, nor has the property demonstrated compliance with “property maintenance standards”. The property is blighted; however, the general area is not and the neighborhood is stable. The Future Land Use Map depicts spatially where certain types of development are envisioned to occur. This site is in the transitional area from the more intense commercial designations and uses to the west along South Highland Avenue to the lower density residential neighborhood to the east. Residential future land Community Development Board –September 18, 2018 LUP2018-02002 - Page 5 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION uses abutting the subject property include both Residential High (RH) and Residential Urban (RU) designated properties which are occupied with assisted living facilities and single-family houses, respectively. The Residential/Office General (R/OG) future land use category that is the primary designation of the subject property is consistent with two different zoning districts – the Office (O) District, which is the current zoning designation, and the Medium Density Residential (MDR) District. Generally, office uses are supported as a transition from more intense commercial to less intense residential uses, especially on local streets such as Barry Road or Jeffords Street, and are in character with the single family residential neighborhood to the east of the property. The current mix of future land use categories is sufficient in this area to support the envisioned character of the neighborhood, including the properties along Barry Road and Jeffords Street, the primary frontages on which the subject site is located. The applicant is requesting the map amendment to the Institutional (I) future land use category to allow for the proposed halfway house use. Properties that are designated Institutional (I) designations in the larger surrounding area are along South Highland Avenue and Lakeview Road, both collector roads, not smaller neighborhood streets such as Barry Road. It is appropriate for institutional uses to be on larger roads such as collectors or arterials because they typically generate more traffic than residential uses like those in the immediate area. Maintaining the subject property as Residential/Office General (R/OG) is consistent with Goal A.2, in that there is already a sufficient variety and amount of future land use categories within this general area to promote infill development. There is not a need to add institutionally designated property within this area and doing so on this property would be “spot planning”, which is a term applied to amending only one or a few lots, at the expense of the planning scheme as a whole. While the Community Development Code provides a path for individual property owners to request amendments to the Future Land Use Map, review of such requests must consider the achievement of the City’s Goals on balance. This request is not compatible with the area, nor with the vision of the area. Recommended Conclusions of Law: The request is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan and conflicts said plan as indicated in the goals, objectives and policies listed above. Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map categories on the proposed amendment area are Office (O) and Residential Low Medium (RLM). The subject property is the dividing line between Residential Low Medium (RLM) and Office (O). Section 2.3.3.2 of the Countywide Rules states that the current Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. Additionally, section 2.3.3.5 of the Countywide Rules states that the current Office (O) category is intended to accommodate areas developed, or appropriate to be developed, with office uses, low-impact employment uses, and residential uses (subject to a five-acre maximum threshold), in areas characterized by a transition between residential and commercial uses and in areas well-suited for community-scale residential/office mixed-use development. Community Development Board –September 18, 2018 LUP2018-02002 - Page 6 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The proposed City of Clearwater future land use designation of Institutional (I) will necessitate an amendment from the Office (O) and Residential Low Medium (RLM) categories to the Public/Semi-Public (P/SP) category to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.10 of the Countywide Rules states that the Public/Semi-Public (P/SP) category is intended to recognize institutional and transportation/utility uses that serve the community or region, especially larger facilities having acreage exceeding the thresholds established in other plan categories, and which are consistent with the need, character, and scale of such uses relative to the surrounding uses, transportation facilities, and natural resource features. The proposed amendment area both directly abuts single family homes to the east and is across Barry Road and Jeffords Street rights-of-way from single family homes to the south and north, respectively. It is abutting to the north, and across the right-of-way of Barry Road to the south from ALF (residential equivalent uses) and is directly abutting other office uses to the west. The Countywide Plan Map designation of Office (O) is on the surrounding properties adjacent and to the west, Residential High (RH) is designated to the north and south, Residential Low Medium (RLM) is designated to the north, east and south, and Retail & Services (R&S) is designated on properties to the southwest. There are no abutting properties designated Public/Semi-Public (P/SP); however, P/SP designated properties are nearby, but located on South Highland Avenue, a collector road, not a neighborhood street. Map 5 shows the Countywide Plan Map of the general area. Map 5 Although the proposed Public/Semi-Public (P/SP) category is intended for institutional and transportation/utility uses that serve the community or region, especially larger facilities, the proposed use is not a non-profit, typical of most institutional uses. The application of this category across a small area is not consistent with the City’s vision for this area. The existing Office (O) category already allows for the transition from more intense uses and provides a buffer to the residential uses to the east of the subject property. It is consistent with the current underlying Countywide Plan Map category and the designations on the surrounding properties, and is consistent with the City’s Comprehensive Plan, as outlined above. Community Development Board –September 18, 2018 LUP2018-02002 - Page 7 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The proposed Future Land Use Map amendment will require an amendment to the Countywide Plan Map categories from Office (O) and Residential Low Medium (RLM) to Public/Semi Public (P/SP). Although the proposed amendment is consistent with the purpose of the proposed category in the Countywide Rules, the proposed designation of the subject property is inconsistent with the designations on the surrounding properties. The existing category in the Countywide Rules is appropriately designated and is consistent with the current use and surrounding designations on the Countywide Plan Map. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist primarily of single family residential (detached dwellings) (north, south, and east), offices (west), and ALFs (south, north). The subject site is in the transitional area from higher intensity uses along South Highland Avenue to the single family neighborhood to the east. As such the site is appropriate for offices, ALFs, and similar uses that are compatible with the neighborhood. The proposed use of the subject property is a halfway house. The proposed Institutional (I) future land use category primarily permits nonresidential development at an intensity of 0.65 FAR. Residential development is permitted at a density of 12.5 dwelling units per acre, and residential equivalent uses are allowed at 3 beds per permitted dwelling unit. The future land use designations of surrounding properties include Residential Urban (RU), Residential High (RH), Residential Office/General (R/OG) and Commercial General (CG). The proposed Institutional (I) future land use category is consistent with the Institutional (I) District, which permits a variety of institutional, residential equivalent uses, and medical uses as minimum standard uses. The proposed future land use category does not appear to be appropriately located. The request is not compatible with the surrounding area and may unreasonably affect the use of the properties in the area. Recommended Conclusions of Law: The proposed Institutional (I) future land use category is not in character with the Future Land Use Map designations in the area. Further, the proposal is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the present and requested City Future Land Use Map designations were analyzed. Community Development Board –September 18, 2018 LUP2018-02002 - Page 8 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “R/OG” 1.92 acres Present FLUM Designation “RU” 0.238 acres Requested FLUM Designation “I” 2.137 acres Net Change Site Area 1.92 AC (83,635.2 SF) 0.238 AC (10,018.8 SF) 2.137 AC (93,097 SF) Maximum Development Potential 28 DUs1 84 Beds 41,817 SF 0.50 FAR 1 DU 3 Beds 4,007 SF 0.40 FAR 26 DUs 78 Beds 60,513 SF 0.65 FAR - 3 DUs -9 Beds + 14,689 SF + 0.15 and +0.25 FAR Notes: 1. Residential uses permitted through consistent Office (O) District as part of mixed-use project, or potentially through a Comprehensive Infill Redevelopment Project Abbreviations: FLUM – Future Land Use Map DUs –Dwelling Units AC – Acres FAR –Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development intensity (floor area ratio) across the amendment area and a decrease in development density (dwelling units per acre) across the amendment area which would increase demand on most public facilities. The City’s Community Development Code limits development within the Institutional (I) District to nonresidential or residential equivalent uses. The applicant has indicated the proposed use would be a residential equivalent use (halfway house). As previously noted, there is a history of development orders being issued for different uses on this property, and unfortunately the owner and/or applicant has failed to submit for building permits in the time required and the approvals have expired or building permits issued have been later voided. The following public facilities analysis compares the maximum development potential for the most impactful use allowed in the proposed Institutional (I) future land use category to the maximum development potential of the existing Residential/Office General (R/OG) future land use category developed with a nonresidential use to assess the maximum possible impact on public facilities. Potable Water The change in development potential and proposed use from this amendment would result in an increase in potable water use of up to 4,802 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of residential equivalent units allowed (9,384 gallons per day) and subtracting the potential utilization of a nonresidential use built out to the maximum square footage allowed by the current land use designation (4,582 gallons per day). The City’s current potable water demand is 12.61 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2015 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-1026 Planning Period), completed in October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board –September 18, 2018 LUP2018-02002 - Page 9 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater This amendment could also result in the additional generation of 4,780 gallons per day of wastewater. This is determined by comparing the potential wastewater generation of the proposed land use developed with a residential equivalent use (8,446 gallons per day) to the potential wastewater generation of the current land use designation developed with a nonresidential use built out to the maximum square footage allowed by the current land use designation (3,665 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.6 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The proposed amendment could result in an increase of 100 tons per year of solid waste generated. This is determined by comparing the amount of waste generated by a school (323.7 tons per year), which is an allowable use within the proposed category and has previously been approved for the property, to that of an office use (123.7 tons per year). All solid waste disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the north side of Barry Road, approximately 650 feet east of South Highland Avenue. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (185 trips) is calculated based on the typical traffic generation numbers for the Office (O) category (89 trips per day per acre) and the Residential Low Medium (RLM) category (67 trips per day per acre). The proposed Countywide Plan Map category of Public/Semi- Public (P/SP) (192 trips per day per acre for institutional uses) would increase the number of trips per day to 410 trips per day. This is an increase of 225 trips per day compared to the number of trips under the current designation. This increase in the number of per day may impact both Barry Road and Jeffords Street, which are local streets that serve as the primary means of access to the subject area. Community Development Board –September 18, 2018 LUP2018-02002 - Page 10 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: Based upon the findings of fact, it is determined that although the proposed change will result in increased demand on many public facilities, it will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater management. The addition of up to 225 trips per day may impact Barry Road and Jeffords Streets, the two local roads providing access to the site. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X The proposed future land use category is inconsistent with certain goals and objectives of the Comprehensive Plan. The proposed spot planning for a speculative use will alter the established zoning scheme to the detriment of the neighborhood. The transition of future land use designations to Institutional (I) on the neighborhood road of Barry Road does not constitute a preferred or desirable characteristic of this corridor. Community Development Board –September 18, 2018 LUP2018-02002 - Page 11 of 11 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION To the contrary, the existing transition of Residential/Office General (R/OG) to Residential Urban (RU) is more appropriate for the preservation of neighborhood character. Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the Future Land Use Map Amendment designation from Residential/Office General (R/OG) and Residential Urban (RU) to Institutional (I). Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9150-18 Resume Photographs of Site and Vicinity LUP2018-02002, REZ2018-02001 1510 Barry Road Holdings LLC 1510 Barry Road View looking north at the southwest corner of the subject property, 1510 Barry Road, from Barry Road. View looking north at the southeast corner of the subject property, from Barry Road. View looking west at the subject property, from the eastern property line View looking southwest at the subject property from the terminus of Jeffords Street View looking west from the subject property parking lot LUP2018-02002, REZ2018-02001 1510 Barry Road Holdings LLC 1510 Barry Road View west of the subject property, along Barry Road View across Barry Street, to the south of the subject property View across Barry Street, to the south of the subject property View east of the subject property, along Barry Road View looking westerly along Barry Road, along the southern property line of the subject property View looking easterly along Barry Road, along the southern property line of the subject property LUP2018-02002, REZ2018-02001 1510 Barry Road Holdings LLC 1510 Barry Road View east of the subject property, along Jeffords Street View looking easterly along Jeffords Street View north of the subject property View northeast of the subject property 1510 Barry Road. 1510 Barry Holdings, LLC This applica:on is NOT filed specifically for a “Halfway House” This is a broad based, Euclidian, with mul5ple uses possible. Future Land Use Amendment and associated Re-Zoning In regard to the Future Land Use Amendment: boBom page 7, search around: “…which permits a variety of ins5tu5onal, residen5al equivalent uses and medical uses as minimum standards”. In regard to the Re-Zoning: BoBom of page 5 staff report, search around: “The proposed Ins5tu5onal zoning district permits a variety of ins5tu5onal, residen5al equivalent uses, medical as minimum standards” Premise Points: 1) Problem site. Surrounding by problem sites. Vacancy, vagrancy, vandalism, deteriora5on, past state of decline and in full blight mode. 2) Efforts been made for viability since 2013. Educa5on facility and ALF. New zoning/FLU now. 3) Our desired use is a highly professional, medically supported and medically supervised substance abuse facility. Cri5cal need. Na5onal Epidemic. Premise Points: Premise Points: 4) Code does not work, an5quated on this issue. Calls medical facility a half way house! Further, cri5cal: Doctor could open substance abuse facility today, 5 am to midnight….perfectly permissible and allowable. Over night ac5vity has been approved on this site for an ALF. Orient to site S I T E OFFICE/ high vacancy Senior Apartments NURSING/ PHYSICAL REHAB. Highland Pines Rehabilita5on & Nursing Vacant RETIREMENT/ ALF S I T E VACANT ZONING MAP S I T E Commercial Office Ins:tu:onal LMDR HDR Office Future Land Use category S I T E RH RH Ins5tu5onal RU Site & Neighbor Photo’s Before Aber Before Aber Before Aber Before Aber Comp Plan and Policies Objec:ve A.6.1 The redevelopment of blighted, substandard inefficient and/or obsolete areas shall be a high priority… Policy A.6.2.2 Encourage land use conversions on economically underu:lized parcels and corridors and promote redevelopment ac:vi:es in these areas. Policy A.5.5.1 Development should be designed to maintain and support the exis:ng or envisioned character of the neighborhood. Staff refers to Comp Plan Land Use Element provide: ..to preserve and enhance community character and quality of life while ensuring con5nued economic quality of the community” Staff Findings: - “The site is appropriate for offices, ALF’s and similar uses that are comparable with the neighborhood. The proposed use is a half way house”. Idiom by Einstein: “Insanity Is Doing the Same Thing Over and Over Again and Expec:ng Different Results” Our posi:on has been a con:nual effort to make the property commercially viable and stand alone, and a good neighbor. “More Americans were killed by drug overdoses last year, more than died in the Vietnam war” “And the crisis is far worse in Florida then the na5on…double the na5onal rate” “It’s essen5al to provide the educa5on and the treatments that are known to work so that people can beat their addic5ons, become produc5ve ci5zens…” Summary: - Severe problem site. Surrounded by the same. - Staff’s approach, IMO, misdirected, responds & works thru bad, old code - Not specific use applica5on, wide range of uses - Blighted area - Desired use is virtually permissible now, overnight has been approved. Bureaucracy and an5quated, misdirected code bizarrely diverts it - Use that is desperately needed - We meet comp and policy direc5ves for viable, compa5ble site; vs. exis5ng categories, by the test of 5me, do not We are asking for your help and appreciate your considera5on. Thank you. Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: 9151-18 2nd rdg contd Agenda Date: 11/1/2018 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 9.4 SUBJECT/RECOMMENDATION: Withdrawn: Adopt Ordinance 9151-18 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office address is 1510 Barry Road, Clearwater, Florida, from Office (O) and Low Medium Density Residential (LMDR) to Institutional (I). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/25/2018 Ordinance No. 9151-18 ORDINANCE NO. 9151-18 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF BARRY ROAD APPROXIMATELY 650 FEET EAST OF SOUTH HIGHLAND AVENUE, WHOSE POST OFFICE ADDRESS IS 1510 BARRY ROAD, FROM OFFICE (O) AND LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the Zoning Atlas of the City is amended as follows: Property Zoning District See attached Exhibit A for Legal Description From: Office (O) and Low Medium Density Residential (LMDR) Districts (REZ2018-02001) To: Institutional (I) District The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 9150-18 by the Pinellas County Board of County Commissioners. Ordinance No. 9151-18 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Michael P. Fuino Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit A 1510 Barry Road LEGAL DESCRIPTION: Parcel ID: 23‐29‐15‐00000‐210‐0100 (PER O.R. 5662, PG. 1443) PARCEL 1: Starting at the Northwest corner of Section 23, Township 29 South, Range 15 East and run South 89°03'13" East along the North line of said section 23, 1374.07 feet; thence South 0°02'03" East along the East right of way of Highland Avenue 33.0 feet; thence South 89°03'13" East 330.06 feet to a POINT OF BEGINNING; thence continue South 89°03'13" East 330.05 feet; thence South 00°10'16" East 209.38 feet; thence North 89°01'30" West 33.00 feet; thence South 0°10'16" East 12.69 feet; thence North 89°03'13" West along the Northerly right of way of Barry Street 297.57 feet; thence North 0°02'03" West 222.04 feet to the POINT OF BEGINNING. PARCEL 2: The East 297.05 feet of the North 33.00 feet of the Northwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, as described in Special Warranty Deed recorded in O.R. Book 1112, Page 115, Public Records of Pinellas County, Florida. Parcel ID: 23‐29‐15‐30366‐000‐0700 PARCEL 3: Lot 70, FIRST ADDITION TO GATES KNOLL, according to the map or plat thereof recorded in Plat Book 38, Page 43; Public Records of Pinellas County, Florida. Exhibit B 6090 3013581 25 26 27 28 29 30 39 38 37 36 35 40 41 42 43 1 2 3 4 5 48 34/05 2.62 34/06 STEVENSON CREEK 80 66663333603329034 45063 30366 16509 81 80 79 78 70 71 72 73 6 69 68 67 66 65 64 54 55 56 57 58 59 53 52 51 50 49 4 5 1.94 21/01 AC(C) AC 11 BARRY RD S HIGHLAND AVE JEFFORDS ST BUDLEIGH ST TUSCOLA RD O I C LMDR HDR HDR 152015671557156515521563155915701558157015511201 15641565156215581559155915701225 15711551155415761555157215761557156815711235 1111 15581575157115601235 1235 155015508 155115541562155132 155600 12 28 36 0 151024 26 38 A -Not to Scale--Not a Survey-Rev: 4/19/2018 ZONING MAP Owner(s): 1510 Barry Holding LLC Case: LUP2018-02002, REZ2018-02001 Site: 1510 Barry Road Property Size(Acres): ROW (Acres): 2.137 Land Use Zoning PIN: 23-29-15-00000-210-0100 23-29-15-30366-000-0700 From : Residential/Office General (R/OG) & Residential Urban (RU) Office (O) & Low Medium Density Residential (LMDR) Atlas Page: 307A To: Institutional (I) Institutional (I) PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: September 18, 2018 AGENDA ITEM: E.3. CASE: REZ2018-02001 REQUEST: To amend the Zoning Atlas designation from Office (O) and Low Medium Density Residential (LMDR) Districts to Institutional (I) District GENERAL DATA: Applicant ......................... Todd Pressman Owner ............................. 1510 Barry Holdings LLC Location .......................... 1510 Barry Road, located on the north side of Barry Road approximately 650 feet east of South Highland Avenue Property Size ................... 2.137 acre property Background: This case involves a 2.137 acre property consisting of three parcels located on the north side of Barry Road approximately 650 feet east of South Highland Avenue. The property is owned by 1510 Barry Holdings LLC and is occupied by vacant buildings totaling 26,238 square foot with ancillary off-street parking that was last used as an office (Tampa Bay Computer Society) in 2015. The proposed amendment area has frontage on Barry Road (430 feet) and Jeffords Street terminates at the northeast corner of the site. Stevenson Creek enters the property from the east as an open channel and is then undergrounded into culverts at the east property line and extends under the property. The majority of the property (1.92 acres) is Office (O) Zoning District while only a small portion (0.238 acres) on the east is Low Medium Density Residential (LMDR) District. Maps 1 and 2 show the general location of the property and an aerial view of the proposed amendment area. The existing office was constructed in 1965 and is vacant. The applicant submitted an application for site plan review, and indicated the intended use is a half-way house; however, the application was withdrawn at the applicant’s request (FLD2018-03009). The property has two prior site plan approvals (FLD2013-02003, FLD2016-11036) for an educational facility and an assisted living facility (ALF), respectively. Building construction permits (BCP2015-10344, BCP2016-09425) were issued for the improvements for the ALF, but were later voided. The property is in the AE flood zone and the applicant had indicated through the site plan application that the existing structures will be renovated, but improvements will remain below 50% of the FEMA Substantial Improvement/Substantial Damage assessment. The Pinellas County Property Appraiser’s Community Development Board – September 18, 2018 REZ2018-02001- Page 2 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION website lists this as $468,481 for the buildings as of August 8, 2018. This limits the improvements to the buildings to $234,240. The property has an active stop work order (SWO2018-03025) and an active unsafe building (UNS2018-00006) violation as well as code violations. These include public nuisance case PNU2018-00181 for an unsecure structure, which was remediated by the City in 2018 with a lien of $2,392.25 PNU2017-01340 for an abandoned building which is actively accruing liens and as of July, 2018 has liens over $95,000. The proposed halfway house use is not allowed within the property’s current zoning district and is only permitted in the Institutional (I) District. The request is to change the Zoning Atlas designation for the proposed amendment area from Office (O) and Low Medium Density Residential (LMDR) Districts to the Institutional (I) District to accommodate the use of a halfway house. A request to amend the future land use category of the proposed amendment area from Residential/Office General (R/OG) and Residential Urban (RU) to Institutional (I) is being processed concurrently with this case (see LUP2018-02002). Map 1 Map 2 Vicinity Characteristics: Map 3 shows the existing surrounding uses. The immediate area to the northwest is developed with an ALF (Highland Pines Rehabilitation) to the north is a vacant ALF (Highland Terrace Retirement) and the area to the northeast across Jeffords Street consists of single-family houses. Abutting to the east are single-family homes. To the southeast across Barry Road are single-family homes; to the south and southwest across Barry Road is an ALF (Pine Berry Senior Apartments). The area to the west consists of offices. Community Development Board – September 18, 2018 REZ2018-02001- Page 3 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Map 3 Map 4 As shown on Map 4, the abutting Zoning Atlas designations are Office (O) District to the west and northwest, High Density Residential (HDR) to the north and Low Medium Density Residential (LMDR) to the east. To the northeast, across Jeffords Street, and to the southeast across Barry Road, is Low Medium Density Residential (LMDR). To the South across Barry Road is High Density Residential (HDR) and Commercial (C). The surrounding vicinity to the east is primarily Low Medium Density Residential (LMDR), but to the north, south and west along South Highland Avenue is a mix of Institutional (I), Office (O), Commercial (C), and High Density Residential (HDR). REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: The following goal, objectives and policies of the Clearwater Comprehensive Plan are not supportive of the proposed amendment: Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Community Development Board – September 18, 2018 REZ2018-02001- Page 4 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Applicable sections of the Community Development Code which are not supportive of the proposed amendment: Division 10. Office District, Section 2-1101. Intent and Purpose. The intent and purpose of the Office "O" District is to provide the citizens of the City of Clearwater with convenient access to professional services and high quality jobs throughout the city without adversely impacting the integrity of residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Division 2. Low Medium Density Residential District, Section 2-201. Intent and Purpose. The intent and purpose of the Low Medium Density Residential District ("LMDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of low to medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. (emphasis added) Division 12. Institutional District, Section 2-1201. Intent and purpose. The intent and purpose of the Institutional "I" District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. (emphasis added) Additionally, the Comprehensive Plan Map A-14 identifies the area with “Neighborhood Character Features”. In the map attachment it details that this includes “… elements that give neighborhoods their distinct personalities.” In addition, in the City’s Comprehensive Plan, South Highland Avenue is not identified as a redevelopment corridor, indicating that the Comprehensive Plan supports the area staying generally as-is. As stated in the introduction to the City’s Comprehensive Plan Future Land Use Element, the Goals, Objectives and Policies provide for sustainable redevelopment and infill development, as well as neighborhood preservation, and are “… designed to preserve and enhance community character and quality of life, while ensuring continued economic vitality of the community.” The request is not considered a “catalytic project” as identified in Objective A.6.1., above, nor has the property demonstrated compliance with “property maintenance standards”. The property is blighted; however, the general area is not and the neighborhood is stable. The Zoning Atlas depicts spatially where certain types of uses are envisioned to occur. This site is in the transitional area from the more intense designations and uses to the west along South Highland Avenue to the lower density residential neighborhood to the east. Residential zoning districts abutting the subject property include both High Density Residential (HDR) and Low Medium Density Residential (LMDR) districts which are occupied with assisted living facilities and single-family houses, respectively. The Residential/Office General (R/OG) future land use category that is the primary designation of the subject Community Development Board – September 18, 2018 REZ2018-02001- Page 5 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION property is consistent with two different zoning districts – the Office (O) District, which is the current zoning designation, and the Medium Density Residential (MDR) District. Generally, office uses are supported as a transition from more intense commercial to less intense residential uses and is in character with the single family residential neighborhood to the east of the property. The current mix of zoning districts is sufficient in this area to support the envisioned character of the neighborhood, including the properties along Barry Road and Jeffords Street, the primary frontages on which the subject site is located. The applicant is requesting the map amendment to the Institutional (I) zoning district to accommodate the proposed halfway house use. Properties that are designated with Institutional (I) Districts within the greater surrounding area are along South Highland Avenue and Lakeview Road, both collector roads, not smaller neighborhood streets such as Barry Road. It is appropriate for institutional uses to be on larger roads such as collectors or arterials because they typically generate more traffic than residential uses like those in the immediate area. The proposed Institutional (I) District allows a mix of institutional uses, some of which are not allowed in other zoning districts; however, many of the other uses permitted in the Institutional (I) District which may be more compatible with the surrounding area, such as an ALF, could be achieved through the existing Office (O) District either by right or through a Comprehensive Infill Redevelopment application, as was previously approved for this property. Staff recognizes that that over time, uses may change, but the uses allowed through either of the consistent zoning districts are appropriate and in character with the surrounding residential development. There is not a need to add institutionally designated property within this area and doing so on this property would be “spot zoning”, which is a term applied to the rezoning of only one or a few lots, at the expense of the zoning scheme as a whole. While the Community Development Code provides a path for individual property owners to request amendments to the Zoning Atlas, review of such requests must consider the achievement of the City’s Goals on balance. This request is not compatible with the area, nor with the vision of the area. Recommended Conclusions of Law: The request is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan and conflicts with said plan and the Community Development Code as indicated above. Further, the proposal is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist primarily of single family residential (detached dwellings) (north, south, east) and offices (west) and ALFs (south, north). The proposed use of the subject property is a halfway house, which is inconsistent with the surrounding properties and neighborhood. The proposed Institutional (I) zoning district permits a variety of institutional, residential equivalent uses, medical, uses as minimum standard uses. However, the purpose and intent of the Institutional (I) District is to establish areas where public and private organizations can establish and operate institutions with a public interest in support of the quality of life of the citizens of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater Community Development Board – September 18, 2018 REZ2018-02001- Page 6 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. The proposed district is not appropriately located. While certain permitted uses in the Institutional (I) District may be compatible with the single-family uses in the area and appropriately placed on a local street like Barry Road or Jeffords Street, these same uses are also already permitted in the existing Office (O) District or in adjacent Districts. The request is not compatible with the surrounding area and may unreasonably affect the use of the properties in the area. Recommended Conclusions of Law: The proposed Institutional (I) District is not in character with the zoning districts in the area. Further, the proposal is incompatible with surrounding uses and inconsistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the present and requested City Future Land Use Map designations were analyzed (see Table 1). Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis sufficiency of public facilities is based on the future land use map designation. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “R/OG” 1.92 acres Present FLUM Designation “RU” 0.238 acres Requested FLUM Designation “I” 2.137 acres Net Change Site Area 1.92 AC (83,635.2 SF) 0.238 AC (10,018.8 SF) 2.137 AC (93,097 SF) Maximum Development Potential 28 DUs1 84 Beds 41,817 SF 0.50 FAR 1 DU 3 Beds 4,007 SF 0.40 FAR 26 DUs 78 Beds 60,513 SF 0.65 FAR - 3 DUs -9 Beds + 14,689 SF + 0.15 and +0.25 FAR Notes: 1. Residential uses permitted through consistent Office (O) District as part of mixed-use project, or potentially through a Comprehensive Infill Redevelopment Project Abbreviations: FLUM – Future Land Use Map DUs –Dwelling Units AC – Acres FAR –Floor Area Ratio SF – Square feet As shown in the table, there is an increase in development intensity (floor area ratio) across the amendment area and a decrease in development density (dwelling units per acre) across the amendment area which would increase demand on most public facilities. The City’s Community Development Code limits development within the Institutional (I) District to nonresidential or residential equivalent uses. The applicant has indicated the proposed use would be a residential equivalent use (halfway house). As previously noted, there is a history of development orders being issued for different uses on this property, Community Development Board – September 18, 2018 REZ2018-02001- Page 7 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION and unfortunately the owner and/or applicant has failed to submit for building permits in the time required and the approvals have expired or building permits issued have been later voided. The following public facilities analysis compares the maximum development potential for the most impactful use allowed in the proposed Institutional (I) future land use category to the maximum development potential of the existing Residential/Office General (R/OG) future land use category developed with a nonresidential use to assess the maximum possible impact on public facilities. Potable Water The change in development potential and proposed use from this amendment would result in an increase in potable water use of up to 4,802 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of residential equivalent units allowed (9,384 gallons per day) and subtracting the potential utilization of a nonresidential use built out to the maximum square footage allowed by the current land use designation (4,582 gallons per day). The City’s current potable water demand is 12.61 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 76 gallons per day per capita (2015 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-1026 Planning Period), completed in October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater This amendment could also result in the additional generation of 4,780 gallons per day of wastewater. This is determined by comparing the potential wastewater generation of the proposed land use developed with a residential equivalent use (8,446 gallons per day) to the potential wastewater generation of the current land use designation developed with a nonresidential use built out to the maximum square footage allowed by the current land use designation (3,665 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.6 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The proposed amendment could result in an increase of 100 tons per year of solid waste generated. This is determined by comparing the amount of waste generated by a school (323.7 tons per year), which is an allowable use within the proposed category and has previously been approved for the property, to that of an office use (123.7 tons per year). All solid waste disposal is handled by Pinellas County at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City’s adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Community Development Board – September 18, 2018 REZ2018-02001- Page 8 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the north side of Barry Road, approximately 650 feet east of South Highland Avenue. To evaluate potential impacts to streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (185 trips) is calculated based on the typical traffic generation numbers for the Office (O) category (89 trips per day per acre) and the Residential Low Medium (RLM) category (67 trips per day per acre). The proposed Countywide Plan Map category of Public/Semi- Public (P/SP) (192 trips per day per acre for institutional uses) would increase the number of trips per day to 410 trips per day. This is an increase of 225 trips per day compared to the number of trips under the current designation. This increase in the number of per day may impact both Barry Road and Jeffords Street, which are local streets that serve as the primary means of access to the subject area. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that although the proposed change will result in increased demand on many public facilities, it will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater management. The addition of up to 225 trips per day may impact Barry Road and Jeffords Streets, the two local roads providing access to the site. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: Although the proposed location for the Institutional (I) District is consistent with the ownership lines for the parcel, the proposed rezoning would result in spot zoning which would be inconsistent with the neighborhood and would change the zoning pattern for a speculative use. The proposal is incompatible with surrounding uses, inconsistent with the character of the neighborhood, and is not compatible with the vision of the area. The proposal may unreasonable affect the use of properties in the area. Recommended Conclusions of Law: The District boundaries are appropriately drawn regarding ownership lines, existing improvements and the natural environment. However, the District boundaries are inappropriately drawn regarding location. SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-602.F: Community Development Board – September 18, 2018 REZ2018-02001- Page 9 of 9 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X The proposed use is inconsistent with certain goals and objectives of the Comprehensive Plan. The proposed spot zoning for a speculative use will alter the established zoning scheme to the detriment of the neighborhood. The transition of zoning districts to Institutional (I) District along the neighborhood street of Barry Road does not constitute a preferred or desirable characteristic of this corridor. To the contrary, the existing transition of Office (O) to Low Medium Density Residential (LMDR) is more appropriate for the preservation of neighborhood character. Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the Zoning Atlas amendment from Office (O) and Low Medium Density Residential (LMDR) Districts to Institutional (I) District. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 9151-18 Resume Photographs of Site and Vicinity LUP2018-02002, REZ2018-02001 1510 Barry Road Holdings LLC 1510 Barry Road View looking north at the southwest corner of the subject property, 1510 Barry Road, from Barry Road. View looking north at the southeast corner of the subject property, from Barry Road. View looking west at the subject property, from the eastern property line View looking southwest at the subject property from the terminus of Jeffords Street View looking west from the subject property parking lot LUP2018-02002, REZ2018-02001 1510 Barry Road Holdings LLC 1510 Barry Road View west of the subject property, along Barry Road View across Barry Street, to the south of the subject property View across Barry Street, to the south of the subject property View east of the subject property, along Barry Road View looking westerly along Barry Road, along the southern property line of the subject property View looking easterly along Barry Road, along the southern property line of the subject property LUP2018-02002, REZ2018-02001 1510 Barry Road Holdings LLC 1510 Barry Road View east of the subject property, along Jeffords Street View looking easterly along Jeffords Street View north of the subject property View northeast of the subject property Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5253 Agenda Date: 10/29/2018 Status: City Manager ReportVersion: 1 File Type: City Manager Verbal Report In Control: Council Work Session Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Nagano 2019 Trip Dates SUMMARY: Travel dates for Clearwater delegation to Japan are Friday, October 18 - Sunday, October 27, 2019. Tentative schedule includes 2 nights in Kyoto, 1 night in Kanazawa, 4 nights in Nagano, and 2 nights in Tokyo, Japan. The delegation will consist of representatives from Clearwater City Council, City Manager, Mayor, Sister Cities, Inc., Sister Cities Advisory Board, School Board, and Parks and Recreation Coordinator. The Nagano delegation will visit Clearwater in October 2020, after the summer Olympics in Tokyo, Japan. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 10/25/2018 Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5235 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 15.1 SUBJECT/RECOMMENDATION: PSTA TRAC Star Award, Gloria Lepik Corrigan SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 10/25/2018 Pinellas Suncoast Transit Authority (PSTA) St. Petersburg, Florida PSTA TRAC STAR Award Forward Pinellas PAC September 4, 2018 What is TRAC? 1 What is the TRAC STAR Award? 2 •Superior Transit Access Recognition award honors organizations that make significant efforts to provide safer access for transit riders in Pinellas County. •It’s also a way to show people that Transit Oriented Development can be extremely simple –such as a curb cut for easier pedestrian access or orienting a building so that one entrance is adjacent to the transit corridor. Award Criteria: 3 •Anyone may nominate an entity for a TRAC STAR award. •Projects or efforts nominated must benefit transit riders in Pinellas County. Examples include: –Improved access to and from a bus stop, transit center or route –Paved and marked pathways to crosswalks, nearby establishments and bus stops –Inclusion of transit accessibility in construction codes –Transit Oriented Development for new or existing (retrofitted) sites •The key criteria of a pedestrian/transit friendly sidewalk are that it is paved, free of obstructions and has at least 7 feet of vertical clearance. Award Criteria (Cont.): 4 •Nominee(s) must have made a specific effort to construct or upgrade access to a bus stop, transit center or connection to a route from their facility or within their jurisdiction. •Additional consideration is given to nominees who demonstrate a collaborative effort with public and private partners. •Photographs and exact location of the nominated project must be included with the submission. 5 •Applications are screened by a review committee of one member each from the PSTA Planning and Marketing Departments, and the PSTA TRAC Coordinator. •Nomination forms are available on www.PSTA.net/TRAC. •Approved applications are emailed to the TRAC prior to the meeting at which the nominees will be discussed. •Nominators will be notified by phone if their application was selected for a TRAC STAR Award. Selection Process: •Recipients receive a plaque featuring the special TRAC STAR award emblem: Discussion/Questions 6 Contact: Bob Lasher External Affairs, PSTA 727-540-1874 blasher@psta.net Cover Memo City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 File Number: ID#18-5315 Agenda Date: 10/29/2018 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 15.2 SUBJECT/RECOMMENDATION: October Employee of the Month SUMMARY: Christa Smith - October Employee of the Month Page 1 City of Clearwater Printed on 10/25/2018