City Council Meeting Minutes April 21, Draft. City of Clearwater. City Hall 112 S. Osceola Avenue Clearwater, FL

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1 City Hall 112 S. Osceola Avenue Clearwater, FL Meeting Minutes Thursday, April 21, :00 PM Council Chambers City Council Page 1

2 Roll Call Present: 5 - Mayor George N. Cretekos, Councilmember Bill Jonson, Councilmember Doreen Caudell, Councilmember Hoyt Hamilton and Councilmember Bob Cundiff Also Present: William B. Horne II City Manager, Jill S. Silverboard 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 meet was called to order at 6:00 p.m. at City Hall. 2. Invocation Rev. Bob Brubaker from Christ Community Presbyterian Church 3. Pledge of Allegiance Councilmember Hamilton 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 April Service Awards One service award was presented to a city employee. 4.2 Nall Lumber Company Day Proclamation, April 22, Carroll Nall and family 4.3 Arbor Day Proclamation, April 30, Jim Halios, P&R Department 4.4 Civitan Awareness Month Proclamation, April David Seabrooks, Civitan International 4.5 Drinking Water Week Proclamation, May 1-7, David Porter, Public Utilities Director 4.6 National Landscape Architecture Month Proclamation, April John Del Vitto, American Society of Landscape Architecture (Tampa Chapter) Page 2

3 4.7 City Employee Basketball Winter League Award Presentation - Regina Novak, P&R 5. Approval of Minutes 5.1 Approve the minutes of the April 7, 2016 City Council Meeting and the March 30, 2016 Special City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Jonson moved to approve the minutes of the April 7, 2016 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Councilmember Caudell the March 30, 2016 Special City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Howard Warshauer said the Clearwater Neighborhoods Coalition s mission this year is to help neighborhoods in Clearwater revitalize. The Coalition recently conducted a survey; survey results will be reviewed on May 2, 2016 at St. Paul s Lutheran Church at 7:00 p.m. Daniel Maharaj expressed concerns with the groundwater replenishment project and impact the project may have with the hydrogeology. 7. Consent Agenda Approved as submitted. 7.1 Approve a contract (purchase order) with APG Electric, Inc. for services necessary for the City s compliance with the requirements of the National Fire Protection Association Standard, NFPA 70E, Handbook for Electrical Safety in the Workplace, 2015 edition, price not to exceed $530,219; and authorize the appropriate officials to execute same. (consent) 7.2 Approve an annual blanket purchase order (contract) to Florida Gas Contractors, Inc., in the amount of $3,700,000, with the option for two, one-year term extensions to provide the installation of natural gas mains and service lines (ITB 11-16), and authorize the appropriate officials to execute same. (consent) 7.3 Approve a construction agreement with CSX Transportation of Jacksonville, Florida in the amount of $374, for the establishment of a quiet zone along the CSX railroad line between Lakeview Road and Drew Street and authorize the appropriate Page 3

4 officials to execute same. (consent) 7.4 Approve Change Order 1 to Layne Inliner, LLC for Sewer Cleaning and Televising Inspection in the amount of $840,000; Change Order 1 to Hinterland Group, Inc. for Trenchless Repairs of the Sanitary Sewer Collection System in the amount of $360,000 and authorize the appropriate officials to execute same. (consent) 7.5 Approve the Contract for Purchase of Real Property by the (Purchase Contract) of certain real property owned by Clearwater Christian College Private School, Inc. and Easterland Properties, LLC, with a purchase price of $1,360,000 and total expenditures not to exceed $1,400,000 and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) 7.6 Approve a work order to Engineer- of- Record (EOR) Brown and Caldwell of Tampa, FL in the amount of $178,849 for engineering services associated with the Marshall Street Water Reclamation Facility (WRF) Odor Control System and authorize the appropriate officials to execute same. (consent) 7.7 Approve the First Amendment to the agreement between the and the Clearwater Ferry Services, Inc. (FERRY) extending the Time of Performance for the reimbursement through July 4, 2016 at no additional cost to the City and authorize the appropriate officials to execute same. (consent) 7.8 Approve a work order to Engineer of Record (EOR) Tetra Tech, Inc. in the amount of $99,980 for the Reclaimed Booster Pump Station Chlorine Control Improvements Project ( UT) and authorize the appropriate officials to execute same. (consent) 7.9 Award a contract for professional services pursuant to Request for Proposals (RFP) to HR and A Advisors, Inc. for the Imagine Clearwater: Downtown Waterfront Master Plan Project as described in the Scope of Services for a lump sum fee of $378,000, and authorize the appropriate officials to execute same. (consent) 7.10 Approve a Blanket Purchase Order (contract) to Water Specialists Technologies LLC of Sanford, FL in the amount of $183, for the purchase of copper precipitant TR-50 for a one-year period, May 1, 2016 through April 30, 2017, and authorize the appropriate officials to execute same. (consent) 7.11 Approve an annual blanket purchase order (contract) to H and H Liquid Sludge Disposal, Inc. of Branford, FL, in the annual amount of $596,400.00, with the option for two, one-year term extensions for the purchase of biosolids services (ITB 21-16), and authorize the appropriate officials to execute same. (consent) 7.12 Reappoint Denise L. Rosenberger to the Airpark Advisory Board with a term to expire April 30, (consent) Page 4

5 7.13 Appoint Kristin Langley to the Parks and Recreation Board to fill the remainder of an unexpired term through May 31, (consent) 7.14 Appoint councilmembers as representatives to serve on Regional and Miscellaneous Boards. (consent) 7.15 Request authority to institute a civil action on behalf of the City against Gulfcoast Concrete Service, Inc. to recover $ for damages to city property. (consent) 7.16 Request for authority to institute a civil action on behalf of the City against Malcolmson Construction Company, Inc. to recover $1, for damages to city property. (consent) 7.17 Request for authority to institute a civil action on behalf of the City against Salser Construction, LLC to recover $7, for damages to city property. (consent) 7.18 Request for authority to institute a civil action on behalf of the City against GopowerFree, LLC to recover $ for damages to city property. (consent) 7.19 Request for authority to settle the case of Bernadette Dean vs. Case No CI for $100,000. (consent) Councilmember Hamilton moved to approve the Consent Agenda and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve the annexation, initial Future Land Use Map designation of Residential Estate (RE) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 1790 McCauley Road; and pass Ordinances , and on first reading. (ANX ) This voluntary annexation petition involves one parcel of land totaling 1.25 acres. The parcel is occupied by a single family dwelling and is located on the west side of McCauley Road approximately 1,000 feet south of Sunset Point Road. The applicant is requesting annexation in order to receive solid waste service from the City. The property is not contiguous to existing city limits; however, it is in an enclave surrounded by city property on all sides (Type A) and is eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the property be assigned a Page 5

6 Future Land Use Map designation of Residential Estate (RE) and the zoning category of Low Density Residential (LDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section E as follows: The property currently receives water and sanitary sewer service from the City. 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 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; 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, 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 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Estate (RE) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. The Residential Estate (RE) designation primarily permits residential uses at a density of 1 unit per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR). The use of the subject property is consistent with the uses allowed in the Low Density Residential (LDR) District and the property exceeds the District s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan Page 6

7 and the City s Comprehensive Plan and Community Development Code; and The property proposed for annexation is not contiguous to City boundaries but is located in a Type A Enclave; therefore, the annexation is consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter One individual spoke in opposition. In response to questions, the City Attorney said the item before the Council is a type A enclave annexation. The City has the ability to annex the property until proven otherwise. The City Manager said if annexed, the City will receive the property taxes to pay for the police calls required at the location. Planning and Development Director Michael Delk said the request before Council is consistent with the statutory allowance provided to the City. There are several hundred properties in the area that will be annexed during the next few years. The City of Clearwater is the established urban service provider in the area. Many of the voluntary annexation requests received are for solid waste services. Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Estate (RE) and initial Zoning Atlas designation of Low Density Residential (LDR) District for 1790 McCauley Road. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Cundiff moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Page 7

8 8.2 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 2109 Burnice Drive and 2173, 2174, and 2185 Bell Cheer Drive; and pass Ordinances , and on first reading. (ANX ) These voluntary annexation petitions involve four parcels of land totaling acres. The parcels are occupied by single-family dwellings and are located generally south of Druid Road, east of South Hercules Avenue, north of Lakeview Road, and west of South Belcher Road. The applicants are requesting annexation in order to receive solid waste service from the City and will be connected to city sewer as part of the Belcher Area Sewer System Extension Project. The properties located at 2109 Burnice Drive and 2174 Bell Cheer Drive are contiguous to existing City limits along at least one property boundary. The properties located at 2173 and 2185 Bell Cheer Drive are not contiguous to existing city limits; however, they are in an enclave surrounded by city property on all sides (Type A) and are eligible for annexation pursuant to the Interlocal Service Boundary Agreement with Pinellas County. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section E as follows: The properties currently receive water service from Pinellas County. Collection of solid waste will be provided to the properties by the City. All of the applicants have paid the sewer impact fee in full, and will be connected to the City sewer system once it is available. The properties are located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the County. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and The proposed annexations are consistent with and promote 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 Page 8

9 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 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. The Residential Low (RL) designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR). The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the properties exceed the District s minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City s Comprehensive Plan and Community Development Code; and The properties proposed for annexation at 2109 Burnice Drive and 2174 Bell Cheer Drive are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter The properties proposed for annexation located at 2173 and 2185 Bell Cheer Drive are not contiguous to City boundaries but are located in a Type A Enclave; therefore, the annexations are consistent with the Interlocal Service Boundary Agreement authorized by Florida Statutes Chapter Councilmember Caudell 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 2109 Burnice Drive and 2173, 2174, and 2185 Bell Cheer Drive. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Cundiff moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Page 9

10 Ordinance was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was:, 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 1635 Sherwood Street; together with certain right-of-way of Lynn Avenue; and pass Ordinances , and on first reading. (ANX ) This voluntary annexation petition involves a single parcel of land totaling acres. The parcel is occupied by a single-family dwelling and is located on the southeast corner of Sherwood Street and Lynn Avenue. The applicant is requesting annexation in order to receive solid waste service from the City. The property is located in an enclave and is contiguous to existing city limits to the north, south, east and west. The Development Review Committee is proposing that the acres of abutting Lynn Avenue right-of-way not currently within the city limits also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section E as follows: The property currently receives water and sewer service from the City. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Page 10

11 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 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the 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 north, south, east and west; therefore, the annexation is consistent with Florida Statutes Chapter Councilmember Caudell 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 1635 Sherwood Street; together with certain right-of-way of Lynn Avenue. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Cundiff moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance on first reading. Page 11

12 The motion was duly seconded and upon roll call, the vote was: 8.4 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 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street as well as Preservation (P) Future Land Use Map designation and Preservation (P) Zoning Atlas designation for 1915 Macomber Avenue; together with certain Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue right-of-way; and pass Ordinances , and on first reading. (ATA ) The Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in unincorporated Pinellas County. Since 2013, 115 properties have voluntarily annexed into the City as a result of this project, which was completed in August The Planning and Development Department has identified an additional 13 parcels in the Idlewild/The Mall Septic-to-Sewer Project area with recorded ATAs that can be annexed into the City (see concurrent cases ATA and ATA ). This application includes nine of those properties that had agreements recorded between 2013 and The subject properties are occupied by nine detached dwellings on acres of land. All properties are contiguous to existing city limits along at least one property boundary. The Development Review Committee is proposing that acres of right-of-way not currently within the City also be annexed, including portions of Aloha Lane, Poinsetta Avenue, Sheridan Road, Douglas Avenue and Union Street. It is proposed that all properties be assigned the Future Land Use Map designation of Residential Urban (RU) and that 1915 Macomber Avenue also be assigned the Preservation (P) designation. The properties will be assigned the Low Medium Density Residential (LMDR) zoning category, while 1915 Macomber Avenue will also be assigned the Preservation (P) zoning category. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section E as follows: All of the properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. Eight of the parcels have already been connected to the City s sanitary sewer system. The owner of the remaining parcel, 1212 Sheridan Road, is aware that the City s sewer impact and assessment fees must Page 12

13 be paid in full in order to connect and of the financial incentives available. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.7.2 Diversify and expand the City s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The Preservation (P) future Land Use category on 1915 Macomber Avenue is consistent with the current Preservation (P) boundary which was placed on the Countywide Plan Map to recognize the watershed and drainage features on the property. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District, while 1915 Macomber Avenue will also be assigned the Preservation (P) District. The use of the subject properties is consistent with the uses allowed in the District and eight of the properties exceed the District s minimum dimensional requirements. The property located at 1915 Macomber Avenue meets the District s minimum dimensions through the Flexible Development requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City s Comprehensive Plan and Community Development Code; and The properties proposed for annexation are contiguous to existing City limits along at least one property boundary. Therefore, the annexation is consistent with Florida Statutes Chapter Councilmember Caudell moved to approve the annexation, initial Page 13

14 Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1216 Aloha Lane, 1310 Idlewild Drive, 1915 Macomber Avenue, 2047 and 2049 Poinsetta Avenue, 1273 Sedeeva Circle North, 1209 and 1212 Sheridan Road and 1227 Union Street as well as Preservation (P) Future Land Use Map designation and Preservation (P) Zoning Atlas designation for 1915 Macomber Avenue; together with certain Aloha Lane, Douglas Avenue, Sheridan Road, Union Street and Poinsetta Avenue right-of-way. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Cundiff moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: 8.5 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 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road; together with certain Sunset Point Road and Douglas Avenue right-of-way; and pass Ordinances , and on first reading. (ATA ) The Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in unincorporated Pinellas County. To date, 124 properties have voluntarily annexed into the City as a result of this project, including the nine properties Page 14

15 annexed through ATA (also on this City Council agenda). This application includes three properties in the Idlewild/The Mall Septic-to-Sewer Project area that had agreements recorded between 2011 and 2014 which can now be annexed into the City. The subject properties are occupied by three detached dwellings on acres of land. All properties are contiguous to existing city boundaries in at least one direction. The Development Review Committee is proposing that acres of Sunset Point Road and Douglas Avenue right-of-way not currently within the City also be annexed. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a zoning category 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 E as follows: All of the properties currently receive water and sewer service from the City. Collection of solid waste will be provided to the properties by the City. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.7.2 Diversify and expand the City s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of these properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties is consistent with the uses allowed in the District and all of the properties exceed the District s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City s Page 15

16 Comprehensive Plan and Community Development Code; and The properties proposed for annexation are contiguous to existing City limits along at least one property boundary. Therefore, the annexation is consistent with Florida Statutes Chapter Councilmember Caudell 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 2040 Poinsetta Avenue, 1208 and 1210 Sunset Point Road; together with certain Sunset Point Road and Douglas Avenue right-of-way. The motion was seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Cundiff moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: 8.6 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) for 1224 Sunset Point Road and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District; together with certain Sunset Point Road right-of-way; and pass Ordinances , and on first reading. (ATA ) The Public Utilities Department expanded sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. A significant number of properties within the project boundaries were in Page 16

17 unincorporated Pinellas County. To date, 127 properties have voluntarily annexed into the City as a result of this project, including the nine properties annexed in through ATA and the three properties annexed in through ATA (both also on this City Council agenda). This application includes one property in the Idlewild/The Mall Septic-to-Sewer Project area with an ATA recorded in 2014 that can now be annexed into the City. This application consists of one property, which is occupied by one detached dwelling on acres of land and is contiguous to existing city boundaries to the west. The Development Review Committee is proposing that acres of Sunset Point right-of-way not currently within the City also be annexed. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a zoning category 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 E as follows: This property currently receives water and sewer service from the City. Collection of solid waste will be provided to the property by the City. The parcel has already been connected to the City s sanitary sewer system. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.7.2 Diversify and expand the City s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the Page 17

18 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 west. Therefore, the annexation is consistent with Florida Statutes Chapter Councilmember Caudell moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) for 1224 Sunset Point Road and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District; together with certain Sunset Point Road right-of-way. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Cundiff moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: 8.7 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1712 Grove Drive; and pass Ordinances , and on second reading. (ANX ) This annexation request was passed on first reading on December 8, 2014 and involves a acre property consisting of one parcel located on the west Page 18

19 side of Grove Drive approximately 330 feet north of State Road 590. The property is located within an enclave and is contiguous to existing city boundaries to the north, south, east and west. Second reading of this annexation request was delayed because the applicant was constructing a single family home on this parcel under the County s jurisdiction. The construction has been completed and a Certificate of Occupancy issued so second reading can now take place. A Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR) were approved for the property on first reading. Due to the amount of time that has lapsed since that hearing, new ordinance numbers have been assigned to reflect the current year (previous Ordinance numbers: , and ), so a third and final reading will also be scheduled at the May 5, 2016 meeting. Councilmember Caudell 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 1712 Grove Drive. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Cundiff moved to pass Ordinance on second reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on second reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance on second reading. The motion was duly seconded and upon roll call, the vote was: 8.8 Approve the annexation, initial Future Land Use Map designation of Residential Low Page 19

20 (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1484 Grove Circle Court; and pass Ordinances , and on first reading. (ANX ) This voluntary annexation petition involves a acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Grove Circle Court, approximately 170 feet west of North Highland Avenue. The applicant is requesting annexation in order to receive solid waste service from the City, and will be connected to city sewer as part of the Grove Circle Court Sewer Expansion Project. The property is contiguous to existing city boundaries to the east and west. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and the zoning category 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 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 will connect to the City s sanitary sewer service when it is available, and is aware of the sewer impact fee that must be paid in full in order to connect, as well as the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. 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 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. The Residential Low (RL) designation primarily permits residential uses Page 20

21 at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR). The use of the subject property is consistent with the uses allowed in the Low Medium Density Residential (LMDR) 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 the existing City boundaries to the east and west; therefore, the annexation is consistent with Florida Statutes Chapter Councilmember Caudell 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 1484 Grove Circle Court. The motion was duly seconded and carried unanimously. Ordinance was presented and read by title only. Councilmember Cundiff moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Councilmember Hamilton moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: Ordinance was presented and read by title only. Vice Mayor Jonson moved to pass Ordinance on first reading. The motion was duly seconded and upon roll call, the vote was: 8.9 Approve a request for termination of a Development Agreement as amended between the and Clearwater Christian Private School Inc.; authorize the City Council and all appropriate officials to execute the Termination and Release of the Development Agreement as Amended; and adopt Resolution Clearwater Christian College Private School, Inc., the property owner, Page 21

22 previously requested amendments to the City s Future Land Use Map and Zoning Atlas, which were approved by City Council in October 2010 (LUZ ). The 2010 amendments increased the amount of area designated Institutional (I) on the City s Future Land Use Map and Zoning Atlas (expanded Institutional area) in order to accommodate growth of the college. Concurrent with the map amendments, City Council also approved a development agreement, which establishes a master plan for the developed portion of the property, and sets forth certain encumbrances as outlined below (DVA , as amended). The property owner has received several extensions to the development agreement in order to seek approval of the final jurisdictional line as required in the agreement, with the most recent extension providing until January 23, 2017 to receive such approval. The City has entered into contract negotiations to purchase approximately 111 acres of property from Clearwater Christian College, including a large portion, which is governed by the Development Agreement, as amended. Purchasing the property would create an opportunity for the City to provide water quality benefits to Tampa Bay, an impaired waterbody with a federally-recognized Total Maximum Daily Load (TMDL) for Nitrogen, through future water quality improvement projects. While the projects envisioned will differ from those outlined within the agreement as part of the Mitigation Plan, the overall outcome and Bay benefits realized will be the same. The City would like to remove the encumbrances in place through the development agreement prior to purchasing the property from the college. For this reason, the City and college are requesting a mutual, conditional termination of the development agreement, conditioned upon the City s purchase of a portion of the college s land. Additionally, the purchase contract is subject to the termination of the development agreement. Key provisions of the agreement, as amended, are highlighted below: Establishes a Master Plan Area (28.55 acres) and a Mitigation Area (102.5 acres); Restricts development of the property to a maximum of 750 dormitory beds and a maximum FAR of 0.169; Requires the Developer to seek approval from the appropriate state and federal agencies (Southwest Florida Water Management District, Florida Department of Environmental Protection, U.S. Army Corps of Engineers) for an approved mitigation plan in the Mitigation Plan Area prior to the issuance of land clearing and building permits; Requires the City to process the amendments to the future land use map and zoning designations under LUZ ; and Requires that, in the event of termination, the property be returned to its current future land use map and zoning designations (prior to LUZ ) Page 22

23 Termination of a Development Agreement: The and Clearwater Christian College are requesting a mutual, conditional termination of the development agreement, conditioned upon the City s purchase of a portion of the college s land, pursuant to section , Florida Statutes. The Community Development Board will review the proposed termination at its April 19, 2016 meeting and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Planning Manager Lauren Matzke said the Community Development Board unanimously recommended approval at yesterday's meetings. Councilmember Caudell moved to approve a request for termination of a Development Agreement as amended between the and Clearwater Christian Private School Inc.; authorize the City Council and all appropriate officials to execute the Termination and Release of the Development Agreement as Amended. The motion was duly seconded and carried unanimously. Resolution was presented and read by title only. Councilmember Cundiff moved to adopt Resolution The motion was duly seconded and upon roll call, the vote was: 8.10 Approve a Future Land Use Map Amendment from the Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature designations to the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature designations for property located at 3400 Gulf-to-Bay Boulevard; and pass Ordinance on first reading. (LUP ) The subject site is comprised of four parcels of land acres in area. It is located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The property is owned by Clearwater Christian College Private School, Inc, and is occupied by the college s facilities (now closed). The City and college are requesting a mutual, conditional termination of the development agreement governing the site (DVA2016, as amended), Page 23