11/01/2018Thursday, November 1, 2018
6:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Council Chambers
City Council
Meeting Agenda
November 1, 2018City Council Meeting Agenda
Welcome. We are glad to have you join us. If you wish to address the Council, please complete a
Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When
recognized, please hand your card to the Clerk, approach the podium and state your name. Persons
speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public
Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for
a group may speak for 3 minutes plus an additional minute for each person in the audience that waives
their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain
the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be
allowed for an agenda item. No person shall speak more than once on the same subject unless
granted permission by the City Council. The City of Clearwater strongly supports and fully complies
with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting
if you require special accommodations at 727-562-4090. Assisted Listening Devices are available.
Kindly refrain from using cell phones and electronic devices during the meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.)
4.1 October Employee of the Month
4.2 Suncoast Jazz Classic Weekend Proclamation - Joan Dragon, Suncoast Jazz
Classic Director
4.3 PSTA TRAC Star Award, Gloria Lepik Corrigan
5. Approval of Minutes
5.1 Approve the October 18, 2018 City Council Meeting Minutes as submitted in
written summation by the City Clerk.
6. Citizens to be heard re items not on the agenda
Page 2 City of Clearwater Printed on 11/1/2018
November 1, 2018City Council Meeting Agenda
7. Consent Agenda
The Consent Agenda contains normal, routine business items that are
very likely to be approved by the City Council by a single motion. These
items are not discussed, and may all be approved as recommended on
the staff reports. Council questions on these items were answered prior to
the meeting. The Mayor will provide an opportunity for a Councilmember
or a member of the public to ask that an item be pulled from the Consent
Agenda for discussion. Items pulled will receive separate action. All
items not removed from the Consent Agenda will be approved by a
single motion of the council.
7.1 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)
7.2 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)
7.3 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)
7.4 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)
7.5 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)
7.6 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)
7.7 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)
Page 3 City of Clearwater Printed on 11/1/2018
November 1, 2018City Council Meeting Agenda
7.8 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)
7.9 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)
7.10 Approve the 2019 City Council Meeting Schedule. (consent)
7.11 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)
7.12 Appoint Robert Prast and Jonathan Barnes to the Municipal Code Enforcement
Board with terms to expire October 31, 2021. (consent)
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 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.
Page 4 City of Clearwater Printed on 11/1/2018
November 1, 2018City Council Meeting Agenda
8.2 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)
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9161-18 on second reading, amending the Community
Development Code Appendix B, US 19 Zoning District relating to self-storage
warehouses.
9.2 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.
9.3 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).
9.4 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).
10. City Manager Reports
10.1 Pit Gills, MD Helo Pad Request
10.2 Approve assignment of the name Mulberry Alley to this previously unnamed
alley and adopt Resolution 18-19.
10.3 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.
11. City Attorney Reports
12. Closing comments by Councilmembers (limited to 3 minutes)
13. Closing Comments by Mayor
14. Adjourn
Page 5 City of Clearwater Printed on 11/1/2018
November 1, 2018City Council Meeting Agenda
Page 6 City of Clearwater Printed on 11/1/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5315
Agenda Date: 11/1/2018 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will be
limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
October Employee of the Month
SUMMARY:
Christa Smith - October Employee of the Month
Page 1 City of Clearwater Printed on 11/1/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5372
Agenda Date: 11/1/2018 Status: Agenda ReadyVersion: 1
File Type: PresentationIn Control: City Council
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Suncoast Jazz Classic Weekend Proclamation - Joan Dragon, Suncoast Jazz Classic
Director
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/1/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5235
Agenda Date: 11/1/2018 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will be
limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.3
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 11/1/2018
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#18-4985
Agenda Date: 11/1/2018 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the October 18, 2018 City Council Meeting Minutes as submitted in written summation
by the City Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/1/2018
City Council Meeting Minutes October 18, 2018
Page 1
City of Clearwater
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Thursday, October 18, 2018
5:00 PM
Council Chambers
City Council
Draft
City Council Meeting Minutes October 18, 2018
Page 2
City of Clearwater
Roll Call
Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Caudell,
Councilmember Hoyt Hamilton, Councilmember Bob Cundiff and
Councilmember David Allbritton
Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Pamela K. Akin - City Attorney and Rosemarie Call - City
Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Unapproved
1. Call to Order – Mayor Cretekos
The meeting was called to order at 5:00 p.m. at City Hall. 2. Invocation – Rev. Dr. Paul Means from Northwood Presbyterian Church 3. Pledge of Allegiance – Vice Mayor Caudell
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.) – Given.
4.1 Infant Safe Sleep Awareness Month Proclamation, October 2018 – Judith Warren, Juvenile Welfare Board COO
4.2 Florida City Government Week Proclamation October 22-28, 2018 – Rosemarie Call, City Clerk
5. Approval of Minutes
5.1 Approve the October 4, 2018 City Council Meeting Minutes as submitted in written
summation by the City Clerk.
Vice Mayor Caudell moved to approve the October 4, 2018 City
Council Meeting Minutes as submitted in written summation by
the City Clerk. The motion was duly seconded and carried
unanimously. Draft
City Council Meeting Minutes October 18, 2018
Page 3
City of Clearwater
6. Citizens to be heard re items not on the agenda – None. 7. Consent Agenda – Approved as submitted.
7.1 Approve a grant of $75,000 in General Fund Reserves to be set aside as a commitment
for the local government contribution required for applicants to participate in the State of
Florida’s Low Income Housing Tax Credit Program (LIHTC) for a proposed 72-unit
affordable housing development project, identified as Chestnut Trail, by SP Pinellas II
LLC and authorize the appropriate officials to execute same. (consent)
7.2 Approve settlement of workers’ compensation claims 15-000167,17-000133 and
17-000148 for payment of $82,500 inclusive of attorney fees and costs for Ronald
Neuberger with a general release of all claims and authorize the appropriate officials to
execute same. (consent)
7.3 Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc. of
Oldsmar, Florida in the amount of $421,014 for site improvements at Countryside Sports
Complex located at 3060 McMullen Booth Road and authorize the appropriate officials to
execute same. (consent)
7.4 Award a construction contract to Odyssey Manufacturing Co. of Tampa, FL in the amount
of $629,200.00 for the Marshall Street and NE WRF Alum Feed System Improvements
Project (16-0012-UT); approve Supplemental One work order to Engineer of Record
(EOR) Metzger and Willard, Inc. in the amount of $79,950 and authorize the appropriate
officials to execute same. (consent)
7.5 Approve the Modification Z0229-1 and Z0229 to the Federally-Funded Subaward and
Grant Agreement for public assistance support for Hurricane Irma expenditures and grant
authority to the City Manager or designee to enter into, approve and execute same and
future modifications for Hurricane Irma expenditures. (consent)
7.6 Approve contracts (blanket purchase orders) for Baker and Taylor and Ingram Services
for the acquisition of library books and materials for the contract period of October 1,
2018 through September 30, 2019 and authorize the appropriate officials to execute
same. (consent)
7.7 Approve an increase to Purchase Order No. 18001102 with Ultimate CNG, LLC in the Draft
City Council Meeting Minutes October 18, 2018
Page 4
City of Clearwater
amount of $74,100 to provide mobile compressed natural gas services at the Clearwater
natural gas filling station and authorize the appropriate officials to execute same.
(consent)
7.8 Approve a Contract (Purchase Order) renewal to Communications International of Vero
Beach, FL, in the amount of $129,384.00 for the maintenance and repair of the city-wide
two-way radio communication system and equipment in accordance with Sec. 2.564(1)
(b), Code of Ordinances - Sole Source and authorize the appropriate officials to execute
same. (consent)
7.9 Approve the purchase of HVAC replacement and repair parts, for an annual not to
exceed amount of $300,000 for Fiscal Year 2018/19, to vendors as listed, in accordance
with City Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, to
include other sourced vendors as required, and authorize the appropriate officials to
execute same. (consent)
7.10 Approve the purchase of various electrical equipment and repair parts from Graybar
Electric Co. Inc, not to exceed $250,000 annually, in accordance with Sec. 2.564(1)(d),
Code of Ordinances - Other governmental contracts and authorize the appropriate
officials to execute same. (consent)
7.11 Award a contract (purchase order) to Tampa Bay Trane, in the amount of $380,096 to
replace chiller at Main Library, per proposal JAY-092118-01, in accordance with Sec.
2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the
appropriate officials to execute same. (consent)
7.12 Request for authority to settle the case of Precon Corporation v. Westfield Insurance
Company, et al., Case No. 17-002462 for $143,678.53. (consent)
Councilmember Cundiff moved to approve the Consent Agenda
and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
The Council recessed from 5:54 p.m. to 6:00 p.m. (Vice Mayor Caudell did
not return to Chambers).
Draft
City Council Meeting Minutes October 18, 2018
Page 5
City of Clearwater
Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings
8.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 3108 Johns Parkway, together with abutting right-of-way of Johns Parkway;
and pass Ordinances 9183-18, 9184-18, and 9185-18 on first reading.
(ANX2018-07011)
This voluntary annexation petition involves a 0.193-acre property consisting of
one parcel of land occupied by a single family dwelling. The parcel is located on
the north side of Johns Parkway approximately 180 feet east of North McMullen
Booth Road. The property is located within an enclave and is contiguous to
existing city boundaries to the north and south. The Development Review
Committee is proposing that the 0.005 acres of abutting Johns Parkway not
currently within city limits also be annexed. It is proposed that the property be
assigned a Future Land Use Map designation of Residential Urban (RU) and be
assigned a Zoning Atlas designation of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from Pinellas County. The
closest sanitary sewer line is located in the adjacent Johns Parkway
right-of-way. The applicant is aware of the required sanitary sewer
impact and assessment fees that must be paid in full prior to connecting
to the City’s sanitary sewer system and of the additional costs to extend
City sewer service to the property. Collection of solid waste will be
provided to the property by the City. The property is located within
Police District III and service will be administered through the district
headquarters located at 2851 N. McMullen Booth Road. Fire and
emergency medical services will be provided to this property by Station
49 located at 565 Sky Harbor Drive. The City has adequate capacity to
serve this property with sanitary sewer, solid waste, police, fire and EMS
service. The property will continue to receive water service from Pinellas
County. The proposed annexation will not have an adverse effect on
public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the Draft
City Council Meeting Minutes October 18, 2018
Page 6
City of Clearwater
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Urban (RU) Future Land Use Map category to
be assigned to the property is consistent with the current Countywide
Plan designation of the property. This designation primarily permits
residential uses at a density of 7.5 units per acre. The proposed zoning
district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is
consistent with the uses allowed in the District and the property exceeds
the District’s minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the
City’s Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries to the north and south; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Cundiff moved to approve the annexation, initial
Future Land Use Map designation of Residential Urban (RU) and
initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 3108 Johns Parkway, together
with abutting right-of-way of Johns Parkway. The motion was
duly seconded and carried unanimously.
Vice Mayor Caudell entered Chambers at 6:02 p.m.
Ordinance 9183-18 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9183-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
Ordinance 9184-18 was presented and read by title only.
Councilmember Allbritton moved to pass Ordinance 9184-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was: Draft
City Council Meeting Minutes October 18, 2018
Page 7
City of Clearwater
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
Ordinance 9185-18 was presented and read by title only. Vice
Mayor Caudell moved to pass Ordinance 9185-18 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL)
and Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 2780 North Terrace Drive and pass Ordinances
9196-18, 9197-18 and 9198-18 on first reading. (ANX2018-07013)
This voluntary annexation petition involves 0.247 acres of property consisting of
one parcel of land occupied by a single-family dwelling. The parcel is located on
the northwest corner of North Terrace Drive and El Trinidad Drive East. The
applicant is requesting annexation in order to receive sanitary sewer and solid
waste service from the City. The property is located within an enclave and is
contiguous to existing city boundaries to the north, south and east. It is
proposed that the property be assigned Future Land Use Map designations of
Residential Low (RL) and Drainage Feature Overlay and be assigned a Zoning
Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from Pinellas County. The
closest sanitary sewer line is located in the adjacent North Terrace Drive
right-of-way. The applicant has paid the sewer impact and assessment
fees in full and is in the process of connecting to the sewer system.
Collection of solid waste will be provided to the property by the City. The
property is located within Police District III and service will be
administered through the district headquarters located at 2851 N.
McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station 48 located at 1700 North Belcher
Road. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The property
will continue to receive water service from Pinellas County. The
proposed annexation will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexation is consistent with and promotes the following Draft
City Council Meeting Minutes October 18, 2018
Page 8
City of Clearwater
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category to
be assigned to the property is consistent with the Countywide Plan
designation. This designation primarily permits residential uses at a
density of 5 units per acre. The Drainage Feature Overlay recognizes
the drainage feature along the northern property boundary. The
proposed zoning district to be assigned to the property is Low Medium
Density Residential (LMDR). The use of the subject property is
consistent with the uses allowed in the District and the property exceeds
the District’s minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the
City’s Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north, south and east; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Cundiff moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
Drainage Feature Overlay and initial Zoning Atlas designation of
Low Medium Density Residential (LMDR) District for 2780 North
Terrace Drive. The motion was duly seconded and carried
unanimously.
Ordinance 9196-18 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9196-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
Ordinance 9197-18 was presented and read by title only.
Councilmember Allbritton moved to pass Ordinance 9197-18 on
first reading. The motion was duly seconded and upon roll call, Draft
City Council Meeting Minutes October 18, 2018
Page 9
City of Clearwater
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
Ordinance 9198-18 was presented and read by title only. Vice
Mayor Caudell moved to pass Ordinance 9198-18 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
8.3 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL)
and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District
for 600 Moss Avenue and pass Ordinances 9199-18, 9200-18 and 9201-18 on first
reading. (ANX2018-07014)
This voluntary annexation petition involves 0.224 acres of property consisting of
one parcel of land occupied by a single-family dwelling. The parcel is located on
the northwest corner of Moss Avenue and Merrill Avenue. The applicant is
requesting annexation in order to receive sanitary sewer service from the City
and will be connected to the city sanitary sewer as part of the Kapok Terrace
Sanitary Sewer Extension Project. The property is located within an enclave and
is contiguous to existing city limits to the west and to the east. It is proposed
that the property be assigned a Future Land Use Map designation of Residential
Low (RL) and be assigned a Zoning Atlas designation of Low Medium Density
Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from the City. Collection of
solid waste will be provided to the property by the City. The applicant has
paid the sewer impact fee in full, and is currently awaiting connection to
the sewer system. The property is located within Police District III and
service will be administered through the district headquarters located at
2851 N. McMullen Booth Road. Fire and emergency medical services
will be provided to this property by Station 49 located at 565 Sky Harbor
Drive. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, water, police, fire and EMS service. The
proposed annexation will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Draft
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City of Clearwater
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City’s tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category to
be assigned to the property is consistent with the Countywide Plan
designation. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the property is Low Medium Density Residential (LMDR). The use of
the subject property is consistent with the uses allowed in the District
and the property exceeds the District’s minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City’s Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city limits
to the west and to the east; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
Councilmember Cundiff moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 600 Moss Avenue. The motion
was duly seconded and carried unanimously.
Ordinance 9199-18 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9199-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
Ordinance 9200-18 was presented and read by title only.
Councilmember Allbritton moved to pass Ordinance 9200-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton Draft
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City of Clearwater
Ordinance 9201-18 was presented and read by title only. Vice
Mayor Caudell moved to pass Ordinance 9201-18 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
8.4 Terminate the Development Agreement between Decade Companies Income Properties
(the property owner) and the City of Clearwater, providing for the allocation of 72 units
from the Hotel Density Reserve under Beach by Design; adopt Resolution 18-05, and
authorize the appropriate officials to execute same. (DVA2009-00001A)
On October 6, 2009 a Development Agreement was made effective between
the property owner and the City of Clearwater which provided 72 units from the
Hotel Density Reserve (DVA2009-00001/Resolution 09-03).
Section 6.1.3.1 of the Development Agreement required the Property Owner to
develop the Property in substantial conformance with the conceptual site plan
attached to the Agreement.
Section 6.1.6 provides that all units in the hotel shall be made available to the
public as overnight transient hotel guests at all times through the required hotel
reservation system. Occupancy in the hotel is limited to a term of less than one
month or thirty-one consecutive days, whichever is less. Units in the hotel shall
not be used as a primary or permanent residence.
After receiving approval of DVA2009-00001 the applicant submitted the
associated site plan for approval as part of a Level II Flexible Development
application (FLD2009-03013). This application was approved by the
Community Development Board on May 19, 2009. Permits (BCP2011-02294
and BCP2011-02294A, et.al) for site and building construction were submitted
on February 18, 2011 and June 10, 2011, respectively. All permits have been
listed as completed and a Certificate of Occupancy was issued on November
15, 2012 effectively closing out the project.
The City has determined that the Property Owner has successfully met the
obligations of the Agreement and that the development of the Property is
consistent with conceptual site plans that were part that Agreement.
The applicant has submitted a request to terminate the Development
Agreement pursuant to Section 18 of the Agreement. This request was
reviewed by the Community Development Board on September 18, 2018 which
provided a unanimous recommendation of approval to the City Council.
Pursuant to Section 13 of the Agreement notices have been provided to:
Decade Companies Income Properties Draft
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City of Clearwater
1355 Bishops Court
Ste 345
Brookfield, WI 53005
Joe Burdette
The Consus Group, LLC
PO Box 4268
Clearwater, FL 33758
Senior Planner Mark Parry said, since the work session, the Legal
Department added language clarifying that the applicant has met all of the
obligations outlined in the agreement and used all of the units allocated
from the hotel density reserve. The City Attorney said the additional
language was added to Exhibit B; the change did not impact the
resolution.
Councilmember Allbritton moved to terminate the Development
Agreement between Decade Companies Income Properties (the
property owner) and the City of Clearwater, providing for the
allocation of 72 units from the Hotel Density Reserve under
Beach by Design. The motion was duly seconded and carried
unanimously.
Resolution 18-05 was presented and read by title only.
Councilmember Hamilton moved to adopt Resolution 18-05. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
8.5 Deny amendments to the Clearwater Community Development Code to expand the
allowance of self-storage warehouses as a flexible standard use, along with use specific
standards and minimum off-street parking requirements, in the Regional Center
Subdistrict of the US 19 Zoning District where it is currently permitted in the Corridor
Subdistrict and do not pass Ordinance 9161-18 on first reading. (TA2018-06003)
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 Highway 19, 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 Draft
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City of Clearwater
application, as the owner has a pending purchase agreement with Broome
Capital, a real estate investment and development company that pursues infill
self-storage development opportunities. 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 applicant requested
a continuance in order to revise the ordinance to address the Board’s concerns.
The applicant submitted a revised text amendment for consideration by the
Community Development Board at its September 18, 2018 meeting at which
time the Board unanimously recommended denial.
At present, self-storage warehouses are allowed as a flexible standard use in
the Corridor Subdistrict of the US 19 zoning district. Proposed Ordinance
9161-18 would expand the allowance of this use by also permitting it in the
Regional Center Subdistrict as a flexible standard use and would establish the
following use specific and parking standards.
• Allow use along Street Frontage Type C
• Require 100% of ground floor frontage and 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
• Require one parking space/150 storage units (Corridor Subdistrict
standard was one space/20 units +2 spaces for manager’s office)
The US 19 Regional Center subdistrict is the most intensive subdistrict in the
District and was created to support mixed-use development with an emphasis
on employment-intensive and transit supportive uses. Warehouses were
deliberately excluded because they do not meet those goals as they do not
generate activity and result in dead spaces; they provide for low-average wages
and have extremely limited employment generation. Because there is a
recognized community desire for self-storage, the US 19 District provided a
place for it in the Corridor Subdistrict. This subdistrict is more suited for the use
due to the locational characteristics of the subdistrict and the fact the planned
level of pedestrian activity and compact development is significantly less than in
the Regional Centers.
The proposed text amendment to the Community Development Code is
inconsistent with 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 the purposes
of the Community Development Code therefore the Planning and Development
Department recommends denial. The Community Development Board, after
conducting public hearings on August 21 and September 18, 2018, unanimously
recommended denial of this proposed text amendment.
Planning and Development Director Michael Delk provided a PowerPoint
presentation.
Draft
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City of Clearwater
Pinellas County Economic Development Director Mike Meidel said the
County has been dealing with the public storage in the unincorporated
area. There is approximately 430 acres along US 19 already approved
for public storage. He said there is so much cash generated by this
industry that they can afford the best retail corners in the county and
reason why they are requesting land use changes. Storage units are built
on the fact that individuals are always moving, whether downsizing or
upgrading housing. Half of the units are rented for less than a year. The
demand in Florida is approximately 12 to 15 sq.ft. per person,
compared to 7 sq.ft. of public storage per person nationwide. Mr. Meidel
said there is currently 5.4 million sq. ft. of public storage in Pinellas
County. The average rent nationwide is $97 per unit, in Pinellas County it
is $150 - $200 per unit. He said these businesses typically hire 3 to 4
employees, who are paid low wages. Out of state investors benefit from
the monies collected through these units. He said the economic benefit
for retail center, multi-family apartments, office or industrial space would
be greater for the City and region.
In response to questions, Economic Development and Housing
Assistant Director Chuck Lane said the economic fiscal impact was
based on the storage and retail use components. Planning and
Development Assistant Director Gina Clayton said the applicant is
proposing 1 parking space per 150 units; 12 parking spaces would be
required for the 3,200 sq. ft. of commercial space. She said there will be
17 parking spaces. Most individuals drive up to the self storage facilities,
unload and leave.
Applicant Representative Brian Aungst said the cited property has been
an economic dead zone for three years. Given its access and parking
limitations and limited frontage, it could be an economic dead zone for
the next 30 years, which is unreasonable amount of time to keep the
property owner off the market. He said the redevelopment of the property will
be consistent with the US 19 plan in terms of orientation, transit oriented
development, and pedestrian oriented development. He said the Applicant is
a local company. The self storage facility will be a high-quality product
with real windows. Mr. Aungst said that Community Development Board
supported the amendment if it was restricted to the subject property.
He said the proposed text amendment has been amended to address
most concerns raised by Council and staff. The proposed amendment
requires 100% of the US 19 frontage to be active non-self storage related
use (office, retail and restaurant) and limited C districts that do not have
any other frontage. In order to redevelop this property as an office at
88,000 sq. ft., 352 parking spaces will be needed. The idea that this Draft
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City of Clearwater
property could be redeveloped as office, retail or restaurant at 2.5 FAR,
with the required 352 parking spaces, is not realistic. He said the current
site plans depicts 18 parking spaces; if the item before Council passes,
the site plan will be amended to comply with the updated code. Mr.
Aungst said the proposed amendment would impact 2 sites, totaling 1.63
acres.
Ms. Clayton said the City of St. Petersburg recently amended their code
due to the onslaught of self storage in their activity centers and limit them
to 25% of floor area. Staff mapped a 3-mile radius and identified 19 self
storage facilities within the radius. The City of Tampa amended their
code to require in the Channelside District two uses; one of which has to be
residential and no more than 40% of the project can be occupied by the
self storage use. She said the item presented to Council depicts a self
storage facility that is the main use; other municipalities in the county are
trying to limit the impact of self storage facilities in their activity centers by
making them an accessory project.
Mr. Aungst said representatives from Centennial Bank has conveyed the
property was purchased in 2017 for $3.2 million and invested $200,000
for renovations and are not looking for additional space.
Councilmember Hamilton moved to approve amendments to the
Clearwater Community Development Code to expand the
allowance of self-storage warehouses as a flexible standard use,
along with use specific standards and minimum off-street parking
requirements, in the Regional Center Subdistrict of the US 19
Zoning District where it is currently permitted in the Corridor
Subdistrict. The motion was duly seconded.
Discussion ensued with support expressed for the Applicant's proposed
amendment. Concerns were expressed that the proposed amendment
does not provide enough parking, the economic impact will be far less
than other uses and that the US 19 Plan was recently amended and
needs an opportunity to work.
Upon the vote taken, the motion carried with the following vote:
Ayes: 3 - Vice Mayor Caudell, Councilmember Hamilton and Councilmember
Allbritton Draft
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Page 16
City of Clearwater
Nays: 2 - Mayor Cretekos and Councilmember Cundiff
Ordinance 9161-18 was presented and read by title only. Vice
Mayor Caudell moved to pass Ordinance 9161-18 on first reading.
The motion was duly seconded.
Councilmember Hamilton moved to amend Ordinance 9161-18 as
follows:
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 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.
Draft
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City of Clearwater
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
The motion was duly seconded.
In response to questions, Mr. Delk said the applicant will have to achieve
site plan approval for the proposed project. Ms. Clayton said the
applicant would have to meet the parking requirement outlined in the
ordinance (1 parking space for every 150 storage units plus 4 parking
spaces for every 1,000 sq. ft. of commercial space). The City Attorney
said the motion to amend pertains to the size of the property.
Upon the vote being taken, the motion carried with the following vote:
Ayes: 3 - Vice Mayor Caudell, Councilmember Hamilton and Councilmember
Allbritton
Nays: 2 - Mayor Cretekos and Councilmember Cundiff
Upon roll call, the motion to pass Ordinance 9161-18, as amended, on
first reading carried with the following vote:
Ayes: 3 - Vice Mayor Caudell, Councilmember Hamilton and Councilmember
Allbritton
Nays: 2 - Mayor Cretekos and Councilmember Cundiff
8.6 Approve amendments to the Clearwater Community Development Code repealing and
replacing Chapter 51 Flood Damage Prevention and amending Chapter 47 Buildings
and Building Regulations to adopt new floodplain management regulations utilizing the
Florida Department of Emergency Management’s (FDEM) model ordinance and pass
Ordinance 9189-18 on first reading. (TA2018-07004)
Proposed Ordinance 9189-18 represents the first significant update to the City
of Clearwater’s floodplain management regulations since they were adopted in
1980. The City manages and regulates activities and development in its Draft
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City of Clearwater
floodplains through provisions in Community Development Code Chapter 51.
Flood Damage Prevention, and to a lesser degree in Chapter 47. Buildings and
Building Regulations. Since then, a few minor amendments have been made,
but most of the regulations remain unchanged.
The primary reason for updating the floodplain management regulations is to
ensure that the City’s regulations comply with and are consistent with the
Florida Building Code (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 that became effective with the 2010 edition and satisfies the
requirements of the National Flood Insurance Program. Proposed Ordinance
9189-18 also addresses city-specific needs by including additional
requirements for the purposes of participating in the Community Rating System
(CRS) and to gain points and reduce flood insurance rates.
Chapter 51. Flood Damage Prevention
The new Chapter 51 is organized into three Articles, as summarized below:
Article I. Administration:
• Includes general provisions such as scope and intent of the
Floodplain Management Ordinance and a disclaimer of liability;
• Establishes that the chapter applies to flood hazard areas, and
details the duties and powers of the Floodplain Administrator, which
is the Community Development Coordinator;
• Requires permits for any development activity within the scope of the
Ordinance;
• Sets forth exemptions, application procedures, site plan
requirements, rules for inspections, and the process for variances;
and
• Establishes what constitutes a violation.
Article II. Definitions:
• Includes the definitions for terms that specifically apply to this
Ordinance, adding numerous new definitions to the Ordinance,
deleting certain terms no longer applicable or referenced within, and
making some substantial modifications to terms in the section.
Article III. Flood Resistant Development:
• Establishes the requirements for flood resistant development
including limitations on development specifically in floodways,
isolated wetlands and preservation areas, as well as where
compensatory excavation is required for development outside of
floodways;
• Includes additional requirements for buildings, structures and
facilities that would otherwise be exempt from the FBC; Draft
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City of Clearwater
• Sets forth 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; and
• 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.
Chapter 47 Buildings and Building Regulations
Proposed changes to Chapter 47 include certain amendments to existing
language as well as the addition of a new section as follows:
• Updates language to bring consistency between this chapter and the
proposed changes to Chapter 51, specifically regarding minimum
floor elevations as well as adoption and enforcement;
• Adds a new section containing 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, including 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.
Higher CRS-Related Standards
As mentioned previously, Proposed Ordinance 9189-18 includes certain “higher
standards”, which are not required but if adopted, they would make the City
eligible for additional CRS points. The proposed increase to the design flood
elevation (often referred to as freeboard) was discussed with City Council at its
November 13, 2017 Work Session, while the standard regarding the Coastal A
Zone is newly proposed for City Council consideration.
FEMA recently released updated preliminary Flood Insurance Rate Maps
(FIRMs) for Pinellas County, which are anticipated to be effective sometime in
2019. The preliminary FIRMs identify the Coastal A Zone, which is an area
where waves can reach between 1.5 and 3 feet in height (the V Zone includes
areas where waves are 3+ feet in height). FEMA uses a line called the Limit of
Moderate Wave Action (LiMWA) to identify these Coastal A Zones [see first
FEMA Fact Sheet (Coastal Flood Risk Information and the Limit of Moderate Draft
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City of Clearwater
Wave Action)]. Coastal A Zones have not previously been depicted on the
FIRMs for this region.
Specifically, Ordinance 9189-18 proposes to apply the same limitations
applicable to the V Zone to the Coastal A Zone, which is a recommended best
practice, including the prohibition of floodproofing as an option for commercial
structures. FEMA has found that wave heights as small as 1.5 feet can cause
significant damage to coastal structures not built to withstand these hazards,
and although it does not impose requirements based on the LiMWA line, FEMA
encourages building to V Zone standards within the Coastal A Zone. This would
yield the greatest number of CRS points to the community, but there are other
options that would also qualify for a lower number of CRS points which City
Council could consider. These are summarized in the second FEMA Fact
Sheet (Using the Limit of Moderate Wave Action (LiMWA) to Build Safer and
Stronger Coastal Communities).
The Coastal Construction Code for Pinellas County already establishes “Zone
2” which is the area extending 300 feet landward of the coastal construction
control line. The FBC establishes higher standards for construction within this
Zone, such as requiring pilings and break-away walls, similar to the
requirements for construction within the V Zone; however, there may be
opportunities for floodproofing within Zone 2 which is prohibited in the V Zone.
While there is likely significant overlap between the Zone 2 and portions of the
new Coastal A Zone area on the beach, there are also portions of the beach
outside of Zone 2 and the mainland waterfronts that will have the Coastal A
Zone applied. Staff will provide maps of FEMA’s preliminary Coastal A Zone to
City Council at Work Session.
The Planning & Development Department has determined that the proposed
text amendments to the Community Development Code are consistent with and
further the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report. The Community
Development Board (CDB) unanimously approved the proposed amendments
at its regularly scheduled meeting on September 18, 2018.
Planning Manager Lauren Matzke provided a PowerPoint presentation.
In response to a question, Environmental Specialist Sarah Kessler said
collapsible walls are still allowed.
Councilmember Cundiff moved to approve amendments to the
Clearwater Community Development Code repealing and
replacing Chapter 51 Flood Damage Prevention and amending Draft
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Page 21
City of Clearwater
Chapter 47 Buildings and Building Regulations to adopt new
floodplain management regulations utilizing the Florida
Department of Emergency Management’s (FDEM) model
ordinance. The motion was duly seconded and carried
unanimously.
Ordinance 9189-18 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9189-18 on
first reading. The motion was duly seconded.
Councilmember Allbritton moved to amend Ordinance 9189-18 as
follows:
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.
The motion was duly seconded and carried unanimously.
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City of Clearwater
Upon roll call, the motion to pass Ordinance 9189-18, as amended, on
first reading carried with the following vote:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9176-18 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 properties
whose post office addresses are 1434 and 1446 North Martin Luther King Jr. Avenue,
Clearwater, Florida 33756, from Commercial General (CG) to Residential Medium (RM).
Ordinance 9176-18 was presented and read by title only. Vice
Mayor Caudell moved to adopt Ordinance 9176-18 on second and
final reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.2 Adopt Ordinance 9177-18 on second reading, amending the Zoning Atlas of the city by
rezoning certain real properties whose post office addresses are 1434 and 1446 North
Martin Luther King Jr. Avenue, Clearwater, Florida 33756, from Commercial (C) to
Medium Density Residential (MDR).
Ordinance 9177-18 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9177-18 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.3 Adopt Ordinance 9202-18 on second reading, amending Ordinance 9130-18 which
vacated public right-of-way of Damascus Road and vacating an ingress and egress
easement.
Ordinance 9202-18 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9202-18 on Draft
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City of Clearwater
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.4 Adopt Ordinance 9203-18 on second reading, amending Ordinance 3547-84, which
vacated the west four feet of Garden Avenue right-of-way abutting Court Square
Subdivision, to correct the legal description to clarify that the ordinance only vacated the
west four feet of Garden Avenue right-of-way abutting only Lots 35 through 39 of Court
Square Subdivision.
Ordinance 9203-18 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9203-18 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
10. City Manager Reports
10.1 Ratify and Confirm Change Order Four to Rowland, Inc. of Pinellas Park in the amount of
$412,083.39 for emergency sewer repair associated with the forcemain break on Gulf
Boulevard as part of the 2013-14 Sanitary Sewer and Manhole Rehabilitation Project
(14-0025-UT) and authorize the appropriate officials to execute same. (consent)
February 5, 2015, City Council awarded a two-year contract, with an option
to renew for a two-year term, to Rowland, Inc. for Sanitary Sewer and
Manhole Emergency Repairs based on unit prices. The original contract
included $900,000 for emergency repair of the sewer collection system,
and $100,000 for emergency repair related to the three Water Reclamation
Facilities (WRFs).
November 3, 2016, the City Council approved Change Order One to add
$750,000 for emergency repair at the WRFs.
January 19, 2017, the City Council Ratified and Confirmed Change Order
Two for the emergency repair to a 16-in. forcemain break on Gulf
Boulevard in the Sand Key area in the amount of $339,757.89.
June 29, 2018, the City Manager approved Administrative Change Order
Three, in the amount of $175,000, for point repairs while waiting for the
new Emergency Contract to become effective (the new Emergency Draft
City Council Meeting Minutes October 18, 2018
Page 24
City of Clearwater
Contract was approved by City Council on September 6, 2018).
July 31, 2018, staff reported water coming up at the Sand Key bridge
northeast abutment, which the City suspected was a forcemain leaking up
through the road surface near the bridge. Emergency status was
approved by the City Manager to have Rowland complete the repair.
Change Order Four is for the emergency repair of the forcemain near
Sand Key Bridge for a revised contract total of $2,676,841.28.
Rowland, Inc. has performed excellent work for the City and agreed to hold
their competitive unit pricing to continue their work with the City.
APPROPRIATION CODE AND AMOUNT:
3277327-563800-96665 $412,083.39
A first quarter budget amendment will transfer $3,000,000 of Utility Renewal and
Replacement funding from 96664, WPC Repair and Replacement, to 96665,
Sanitary Sewer Repair and Replacement.
Councilmember Hamilton moved to ratify and confirm Change
Order Four to Rowland, Inc. of Pinellas Park in the amount of
$412,083.39 for emergency sewer repair associated with the
forcemain break on Gulf Boulevard as part of the 2013-14
Sanitary Sewer and Manhole Rehabilitation Project (14-0025-UT)
and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
10.2 Nagano 2019 Trip Dates
The City Manager said Item 10.2 is being continued to the next meeting.
11. City Attorney Reports – None. 12. Other Council Action
12.1 City Attorney Evaluation
AND
12.2 City Manager Evaluation
Councilmembers provided their evaluations of the City Attorney and City Draft
City Council Meeting Minutes October 18, 2018
Page 25
City of Clearwater
Manager.
13. Closing comments by Councilmembers (limited to 3 minutes) – None. 14. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events. 15. Adjourn
The meeting adjourned at 7:31 p.m.
Mayor
City of Clearwater
Attest
City Clerk Draft
Name:
Citizen Comment Card
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Telephone Number: '9t&5 _ z/U a' 9
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items not on the agenda?
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Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5309
Agenda Date: 11/1/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 7.1
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 11/1/2018
File Number: ID#18-5309
N/A
Page 2 City of Clearwater Printed on 11/1/2018
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: 11/1/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Economic Development & Housing
Agenda Number: 7.2
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 11/1/2018
File Number: ID#18-5282
N/A
Page 2 City of Clearwater Printed on 11/1/2018
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: 11/1/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Human Resources
Agenda Number: 7.3
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 11/1/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5278
Agenda Date: 11/1/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.4
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 11/1/2018
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 11/1/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5279
Agenda Date: 11/1/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.5
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 11/1/2018
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 11/1/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5189
Agenda Date: 11/1/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.6
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 11/1/2018
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: 11/1/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.7
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 11/1/2018
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#18-5251
Agenda Date: 11/1/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.8
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 11/1/2018
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: 11/1/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Information Technology
Agenda Number: 7.9
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 11/1/2018
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 11/1/2018
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#18-5314
Agenda Date: 11/1/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.10
SUBJECT/RECOMMENDATION:
Approve the 2019 City Council Meeting Schedule. (consent)
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 11/1/2018
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.Wednesday 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: 11/1/2018 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.11
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 11/1/2018
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 11/1/2018
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: 11/1/2018 Status: Consent AgendaVersion: 2
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.12
SUBJECT/RECOMMENDATION:
Appoint Robert Prast and Jonathan Barnes to the Municipal Code Enforcement Board with
terms to expire October 31, 2021. (consent)
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 11/1/2018
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
At the October 29 work session, there was council consensus to reappoint Robert Prast and
appoint Jonathan Barnes. Staff was directed to place the item on the Consent Agenda.
Page 2 City of Clearwater Printed on 11/1/2018
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: ID#18-5240
Agenda Date: 11/1/2018 Status: Public HearingVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 8.1
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 11/1/2018
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
uAL spEAK
Citizen Comment Card
Name: 10,C AR e., 2.4'm mei rn cur)
Address: LaP ()small
City: CI(r(D(14U Zip:3(755
Telephone Number: 1. -7 - 4 -Do -a.(a4
Email Address: ,.
J
biz-C1OL(i 1mai 1. ° CCM
Speaking under citizens to be heard re
items not on the agenda?
Q
Agenda item(s) to which you wish to speak. U 1
What is your position on the item? For Against
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 9147-18
Agenda Date: 11/1/2018 Status: Public HearingVersion: 1
File Type: OrdinanceIn Control: Engineering Department
Agenda Number: 8.2
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 11/1/2018
[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: 9161-18 2nd rdg
Agenda Date: 11/1/2018 Status: Second ReadingVersion: 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 11/1/2018
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.”
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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
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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.
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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
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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.
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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.
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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
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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: 11/1/2018 Status: Second ReadingVersion: 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 11/1/2018
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
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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
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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
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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
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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.
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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
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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:
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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%.
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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 HazardArea (CHHA), where flood hazards include waveheights equal to or greater than 3 feet; and
•Zone AE, where flood hazards include wave heightsless 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 11/1/2018
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 11/1/2018
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#18-5271
Agenda Date: 11/1/2018 Status: Agenda ReadyVersion: 2
File Type: Action ItemIn Control: City Council
Agenda Number: 10.1
SUBJECT/RECOMMENDATION:
Pit Gills, MD Helo Pad Request
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 11/1/2018
Pit Gills, MD
President
James P. Gills, MD
Founder
Bruce M. Kiskaddon, MD
Danielle Arcaro, MD
Brian A. Phillpotts, MD
Stephen R. Deppermann, MD
Gustavo E. Gamero, MD
Jeffrey A. Wipfli, MD
Nicolas P. Villanustre, MD
Brandon Rodriguez, MD
Alfonso Ponce, MD
Robert Howard, MD
501 S Fort Harrison Avenue
Clearwater, FL 33756
LOCAL: 727.210.8811
Seven Hills Center
1180 Mariner Boulevard
Spring Hill, FL 34609
LOCAL: 352.684.6722
13303 N Dale Mabry Highway
Tampa, FL 33618
LOCAL: 813.384.3838
9400 9th Street N (MLK)
St. Petersburg, FL 33702
LOCAL: 727.328.7700
September 11, 2018
Members of the Clearwater
Offices of the City Council
P.O. Box 4748
Clearwater, FL 33758 -4748
Received
SEP 14 2018
C t Co ! lciVsOffice
IV
City Council
Re: Helistop at 1160 Mandalay Point, Clearwater
Dear City Council Members:
CATARACT &
LASER INSTITUTE
MAIN OFFICE AND SURGICAL CENTER:
43309 US Highway 19 N
Tarpon Springs, FL 34689
TOLL -FREE: 800.282.9905
LOCAL: 727.938.2020
FAX: 727.938.5606
WEB: StLukesEye.com
My sincere apologies for the tardiness of this letter; I had hoped to get it to you
sooner. I am writing to request that the City of Clearwater grant a special
use /variance, or adopt the necessary ordinance, to allow a helistop to be used and
maintained at my home located at 1160 Mandalay Point, Clearwater. Helicopter
traffic over my property and along north Clearwater Beach is substantial, and has
been for many years. A helistop located at my property would not only allow for
personal use, but also grant access for emergency helicopters. Please note that
helicopters would not be permanently kept upon my property; the helistop would be
used only for temporary landings and takeoffs. I have been a pilot since 1992, and I
am very familiar with the FAA requirements relating to helicopters and helistops.
This helistop could allow for emergency medical evacuations of beachgoers in north
Clearwater Beach, in addition to normal, personal transportation. The area of north
Clearwater Beach near my home is remote from medical facilities and has limited
access for emergency medical vehicles, especially during peak traffic periods.
During the heaviest traffic periods, emergency vehicles cannot access and depart
from the beach area within a reasonable time, which could be life threatening.
Whereas landing an emergency medical helicopter directly on the beach poses
hazards to the patient, bystanders and medical personnel, my purpose -built helistop
would increase public safety by greatly improving emergency medical access to the
crowded, tourist area of north Clearwater Beach. My helistop could be used by
emergency medical helicopters in the event of medical emergencies on the beach and
serve as an evacuation point during catastrophic evacuations.
The Clearwater Code of Ordinances and the Clearwater Community Development
Code currently do not specifically allow for helistops upon residential parcels. It is
my understanding that the City's Planning and Development Department interprets
the Code as prohibiting helistops on residential parcels because such use is not
specifically permitted by the applicable sections of the Code. Therefore, I am
formally requesting that the City Council specifically grant a special use /variance to
allow a helistop to be used and maintained on my Property, or, alternatively, to modify the Code
to allow for a helistop to be used and maintained on my Property. I note that Section 22.47(1) of
the City of Clearwater Code of Ordinances already contemplates that helicopters may land on
public beach areas "when human life is endangered or written authorization is granted."
The helistop would meet FAA requirements and wiil be maintained to FAA standards, at my
expense. Please note that a helistop is different from a "helipad" in that the helistop will be used
only for landings and takeoffs, and no fuel will be stored at the helistop. Furthermore, the
location of the helistop will be sufficiently remote from my neighbors' houses so as to
reasonably minimize wind and noise — the noise associated with the helistop should not be
significantly greater than the everyday noise caused by the routine helicopter fly -overs in my
neighborhood.
Given the anticipated lack of objections from my neighbors, the already frequent use of
helicopters in the area and the public benefit of having the helistop available for emergencies, I
do not anticipate that this proposal will be controversial.
In summary, the helistop will be a benefit to the City, and specifically would be of great benefit
to the north Clearwater Beach area by providing ready access to emergency medical helicopters.
Again, no helicopter will be permanently stored on my Property — only temporary landings will
be permitted. I hope that the City Council will view my proposal as favorable in light of the
potential public benefit, and will grant the right to operate and maintain a helistop on my
property. Please add this request to your next City Council meeting agenda. I, and my attorneys,
remain happy to work with the City Council and the rest of the City of Clearwater's government
to provide you with any and all additional information you may require in considering this
request.
Respectfully submitted,
Pit Gills, MD
cc: David L. Koche, Esq.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: 18-19
Agenda Date: 11/1/2018 Status: City Manager ReportVersion: 1
File Type: ResolutionIn Control: Engineering Department
Agenda Number: 10.2
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.
The Alley name “Mulberry Lane” (the alley between South Ward School and first United
Methodist Church) was used by the original land owners, Taylor, Turner and Whitehurst dating
back to 1854 as a North / South property line.
The tract of land, 160 acres total, encompassed the area west of Ft. Harrison, south of Laura to
Jeffords.
The 160 acres was purchased in 1854 from Taylor by Whithurst and Turner where Turner took
the northern part.
The Clearwater Historical Society is requesting the name designation to identify with the history
of the City of Clearwater
Page 1 City of Clearwater Printed on 11/1/2018
[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: ID#18-5241
Agenda Date: 11/1/2018 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 10.3
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.
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 11/1/2018
QB\53669670.2
THIS INSTRUMENT DRAFTED BY AND
WHEN RECORDED RETURN TO:
Mary Neese Fertl, Esq.Quarles & Brady LLP
411 E. Wisconsin Avenue
Suite 2350Milwaukee 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]2QB\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]3QB\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 FloridaPrint/type name:
My commission expires:
STATE OF FLORIDA )) SSCOUNTY 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 FloridaPrint/type name:My commission expires:
[GM15-9216-045/224817/1]4QB\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 CountyMy 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