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04/17/2008 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER April 17, 2008 Present: Frank Hibbard Mayor John Doran Vice-Mayor Carlen Petersen Councilmember George N. Cretekos Councilmember Paul Gibson Councilmember Also present: William B. Horne II City Manager Jill S. Silverboard Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Donna Oberkreser from Central Christian Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4. Presentations: 4.1 Civitan Awareness Proclamation - Frank Kelly 4.2 Proclamation: April 19 is Clearwater Poetry Day 4.3 Salvation Army Non-Profit Presentation - Major Hinson Major Dean Hinson of the Salvation Army briefly described the Salvation Army’s services and programs and thanked the City for its support. 4.4 Clearwater Housing Authority Update - Robert Aude, Chairperson Robert Aude, Clearwater Housing Authority (CHA) Chair, reviewed CHA’s mission, current programs, and the status of Parkview Village and Homer Village. 4.5 Distinguished Budget Presentation Budget Director Tina Wilson accepted the Distinguished Budget Presentation Award. Ms. Wilson recognized staff members who helped make the award possible. 5. Approval of Minutes 5.1 Approve the minutes of the April 3, 2008 City Council Meeting as submitted in written summation by the City Clerk. Council 2008-04-17 1 Councilmember Petersen moved to approve the minutes of the regular meeting of April 3, 2008, as recorded and submitted in written summation by the City Clerk to each motioncarried Councilmember. The was duly seconded and unanimously. Citizens to be Heard re Items Not on the Agenda Chuck Hollard said Council is finest City has ever had; City Manager represents one of best city governments in County; recommended consolidating cities – need only 2 in County. Six people spoke in support of Moccasin Lake Nature Park. Anne Garris expressed concern re increase in cost for DT boat and that General Fund will pay for promenade. She suggested building a pier instead, so people can tie up and enjoy Downtown and Coachman Park. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2327 Nursery Road (a portion of Lot 19, Pinellas Groves, Section 19, Township 29 South, Range 16 East); and Pass Ordinances 7937-08, 7938-08 and 7939-08 on first reading. (ANX2008-02002) This voluntary annexation petition involves a 0.446-acre property consisting of one vacant parcel of land. It is located on the south side of Nursery Road approximately 250 feet east of Winchester Road. The applicant is requesting this annexation in order to receive solid waste and sanitary sewer service from the City. The property is contiguous to existing City boundaries to the north, south and east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Suburban (RS) and a zoning category of Low Density Residential (LDR). The need for sanitary sewer service was prompted by the applicant’s proposal to construct a 3,057 square-foot single-family home. Due to timing issues, the applicant would like to construct the single-family home while located in the County; therefore the Planning Department has worked with the applicant and Pinellas County to ensure that the site plan approved by the County complies with the provisions of the Clearwater Community Development Code. Due to the nature of the construction, Pinellas County will require the applicant to connect into the City’s sanitary sewer system prior to the issuance of a Certificate of Occupancy (CO). To ensure consistency in the application of Building Code inspections and to prevent any construction liability issues, the project will be built in its entirety under Pinellas County jurisdiction. For that reason, second reading of the annexation cannot occur until after the County issues a CO, which is anticipated to be near the end of the year. The Planning Department will schedule second and final reading after the applicant obtains the CO. Councilmember Cretekos moved to approve the annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2327 Nursery Road (a portion of Lot 19, Pinellas Groves, Section 19, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Council 2008-04-17 2 Ordinance 7937-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7937-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7938-08 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7938-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7939-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7939-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential/Office General (R/OG) and Initial Zoning Atlas Designation of Office (O) District for 2235 Nursery Road (a portion of Section 19, Township 29 South, Range 16 East in Metes and Bounds 33/08); and Pass Ordinances 7931-08, 7932-08 and 7933-08 on first reading. (ANX2008-02003) This voluntary annexation petition involves two adjacent parcels totaling 0.59 acres of land. The northern parcel (19-29-16-00000-330-0810) is a strip of land that provides access to the southern parcel (19-29-16-00000-330-0800), which is occupied by an office use. Both parcels are approximately 450 feet east of South Belcher Road along Nursery Road. The applicants are requesting this annexation in order to receive solid waste and sanitary sewer service from the City. The property is contiguous to existing City boundaries to the north and east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential/Office General (R/OG) and a zoning category of Office (O). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E. The closest sanitary sewer line is located in the Nursery Road right-of-way and the applicant is aware of the requirement to pay the City’s sewer impact and assessment fee and is aware of the additional costs to extend City sewer service to the property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through Police Headquarters located at 2851 North 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 proposed annexation will not have an adverse effect on public facilities and their levels of service. Council 2008-04-17 3 The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. The proposed Residential/Office General (R/OG) Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits office uses with a Floor Area Ratio of 0.50. The proposed zoning district to be assigned to the property is the Office (O) 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, City’s Comprehensive Plan and Community Development Code. The property proposed for annexation is contiguous to existing City boundaries to the north and east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Cretekos moved to approve the annexation, Initial Land Use Plan Designation of Residential/Office General (R/OG) and Initial Zoning Atlas Designation of Office (O) District for 2235 Nursery Road (a portion of Section 19, Township 29 South, Range 16 East in Metes and Bounds 33/08. The motion was duly seconded and carried unanimously. Ordinance 7931-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7931-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7932-08 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7932-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7933-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7933-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1662 Bellrose Drive North (Lot 56, Bellrose Park, Section 23, Township 29 South, Range 15 East); and Pass Ordinances 7934-08, 7935-08 and 7936-08 on first reading. (ANX2008-02004) Council 2008-04-17 4 This voluntary annexation petition involves a 0.19-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Bellrose Drive North approximately 720 feet east of Lake Road. The applicant is requesting this annexation in order to receive solid waste service from the City. The Planning Department is requesting that the 0.1-acre of abutting Bellrose Drive North right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north and east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E. The applicant has paid all of the City’s sewer impact and assessment fees and the City is currently providing service. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through Police 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 this 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. The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the 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, City’s Comprehensive Plan and Community Development Code. The property proposed for annexation is contiguous to existing City boundaries to the north and east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Cretekos moved to approve the annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1662 Bellrose Drive North (Lot 56, Bellrose Park, Section 23, Township 29 South, Range 15 East. The motion was duly seconded and carried unanimously. Ordinance 7934-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7934-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Council 2008-04-17 5 Ordinance 7935-08 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7935-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7936-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7936-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 7.4 Approve Amendments to the Clearwater Comprehensive Plan related to the Coastal High Hazard Area provisions of the Coastal Management Element and Pass Ordinance 7917-08 on first reading. The proposed text amendments to the Coastal Management Element of the Clearwater Comprehensive Plan are necessitated by the passage of HB1359 (Chapter 2006 –68, Laws of Florida), which made a number of changes to Chapter 163, Florida Statutes and to 9J-5.012 F.A.C. This law requires a change in the definition of Coastal High Hazard Area as well as adoption of a Level of Service (LOS) for evacuation clearance times for a Category 5 storm event. In addition to these requirements, the Planning Department is also recommending the adoption of a Coastal Storm Area (CSA). The CSA includes, in addition to the CHHA, those areas that are not in the CHHA, but can be reached or evacuated only by going through a CHHA, as well as areas where high concentrations of development and population are not appropriate due to safety concerns. The CSA recognizes the unique circumstances existing in the coastal areas of Pinellas County, and ensures proper evacuation. The CSA is a larger area than the CHHA, but to be concurrent with the County Comprehensive Plan, consistent with the Countywide Rules and for safety concerns, the CSA terminology is recommended. The Planning Department and Emergency Management staff are recommending language that would prohibit the siting of hospitals, nursing homes and assisted living facilities in the CSA. Since the City must follow County Emergency Management directives, these text amendments are intended to be consistent with language in the Pinellas County Comprehensive Plan. The recommended amendments were developed in consultation with the Clearwater Citizen’s Advisory Committee, Tampa Bay Regional Planning Commission, Pinellas County and Pinellas Planning Council. The Planning Department has determined that the proposed text amendments are consistent with other provisions of the Clearwater Comprehensive Plan, will not adversely impact the use of property, will adversely affect neither the natural environment nor public facilities. Please refer to the report (CPA2007-06004) for the complete staff analysis. The Community Development Board (CDB) reviewed these amendments at its public hearing on February 19, 2008, and unanimously recommended approval, with the following condition: that a specific time to implement the 36 hour LOS is identified prior to implementation Council 2008-04-17 6 of this amendment. Since the time of that public hearing, Planning Staff has been in contact with Pinellas County Planning Staff. Pinellas County Planning Staff has now been informed by the State Department of Community Affairs (DCA) that DCA is going to raise objections on every community across the state that does not adopt, at a minimum, a 16-hour Evacuation LOS, and have, in fact, already objected to St. Petersburg’s adoption of an LOS of 36 hours. County Planning Staff indicated that in view of their conversation with DCA, the County is in the process of amending their Evacuation LOS to 16 hours. City Planning staff has not recommended a specific time to implement an Evacuation LOS due to the fact that numerical estimates for achieving an Evacuation LOS of 16 hours have not yet been developed, although discussions with staff from various agencies have an estimated range from 50-100 years. Because this is a text amendment to the Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. In response to questions, Assistant Planning Director Gina Clayton said DCA originally approved of the County’s 36-hour evacuation timeframe but is now requiring it be 16 hours. Councilmember Cretekos moved to approve amendments to the Clearwater Comprehensive Plan related to the Coastal High Hazard Area provisions of the Coastal Management Element. The motion was duly seconded and carried unanimously. Ordinance 7917-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7917-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 7.5 Approve amendment to the Community Development Code to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes, and Pass Ordinance 7949-08 on first reading. The Planning Department is recommending an amendment to the Community Development Code (CDC) to ensure consistency between the CDC and the Clearwater Comprehensive Plan. The proposed amendment will add the Resort Facilities High (RFH) Future Land Use Plan category to the list of Countywide Future Land Use Plan Designations compatible with the Commercial (C) and High Density Residential (HDR) Districts consistent with the Clearwater Comprehensive Plan. Ordinance 7949-08 contains information on the proposed amendment. The CDB reviewed the proposed text amendment at its pubic hearing of March 18, 2008, as part of a larger text amendment (TA2008-01001/Ordinance 7926-08). The CDB recommended the approval of the proposed amendment with no comments. Councilmember Petersen moved to approve an amendment to the Community Development Code to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes. The motion was duly seconded and carried unanimously. Council 2008-04-17 7 Ordinance 7949-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7949-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 7.6 Approve amendments to the Future Land Use Element of the Clearwater Comprehensive Plan related to the adoption of alternative density and intensity standards for overnight accommodations, and the addition of an objective and policies pertaining to tourism, and Pass Ordinance 7924-08 on first reading. The Planning Department is recommending amendments to the Clearwater Comprehensive Plan that would adopt alternative density and intensity standards for overnight accommodations consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan (AKA Countywide Plan Rules) as recently amended by the Countywide Planning Authority (CPA). In addition to the adoption of these alternative standards, the proposed amendment would also establish Objective 2.6 and supporting Policies 2.6.1, 2.6.2 and 2.6.3. The objective and policies identify tourism as a substantial element of the City’s economic base and states the need to support, maintain and enhance this economic sector, as well as encouraging the development and redevelopment of overnight accommodations and the adoption of higher densities and intensities that would support such development. The staff report and Ordinance 7924-08 contain further analysis and information on the proposed amendment. The CDB reviewed the proposed amendments at its public hearing of March 18, 2008, and recommended approval. At the City Council meeting of March 20, 2008, the proposed Comprehensive Plan amendments were continued to the meeting of April 17, 2008, in conjunction with associated amendments to Beach by Design and the CDC (TA2008-01001). As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida DCA is required. Planner Robert Tefft said in the RFH (Resort Facilities High) land use plan classification, the ordinance establishes densities for overnight accommodations of 75 units per acre for properties less than one acre, 100 units per acre for properties between one and three acres, and 125 units per acre for properties greater than three acres. In the R/O/R (Residential/Office/Retail) category the alternative maximum overnight density would be 45 units per acre, in CL (Commercial Limited) the alternative maximum overnight density would be 45 units per acre, in CG (Commercial General) the alternative maximum overnight density would be 60 overnight units per acre, and in the Industrial Limited the alternative maximum overnight density would be 75 overnight accommodation units per acre subject to a master development plan as per the Countywide land rules. The remainder of the ordinance addresses typographical errors. Council 2008-04-17 8 In response to questions, City Attorney Pam Akin said the next ordinance modifies all C zoning with underlying land uses of RFH and eliminates the alternative density in C zoning in the Community Development Code. It was remarked that this would remove the ability for additional densities in all C uses. The changes do not pertain to Beach by Design. Twenty-six people spoke in opposition to increased hotel density on Sand Key and Island Estates and five people spoke in support of the amendments. Some speakers expressed support for increased density outside residential areas. In response to a question, Ms. Akin said staff is researching the location of a map that was attached to a previous ordinance regarding O/S/R and the CCCL (Coastal Construction Control Line) on Sand Key. She said according to the Countywide rules, the land use designation is consistent with the CCCL. The Planning Manager has the ability to make an appropriate determination regarding density and zoning. Planning Director Michael Delk said the CCCL limits future development of a parcel. He said development historically has taken place up to the CCCL on Sand Key. He reviewed the limits of potential development for the Sheraton and the Cabana Club. Potential development on the Cabana Club property would be limited to 42 versus 38 hotel rooms if developed as a hotel. No O/S/R would be eliminated. The Council recessed from 9:52 to 10:00 p.m. In response to a question, Brian Johnson, Senior Transportation Engineer of DKS Associates said his firm conducted the traffic study that served as the basis for establishing the maximum number of units that could be absorbed by the roadway system during peak season at the beach, State Route 60, and on Sand Key. The results indicate the roadways have adequate capacity. The study indicated the greatest traffic bottleneck is at Fort Harrison Avenue and Court and Chestnut streets. In response to a question, Mr. Johnson said he has been in the transportation field for 35 years. Traffic Operations Manager Paul Bertels stated Mr. Johnson was not asked to analyze traffic conditions during the March Spring Break period as nothing can be done to alleviate the heavy traffic flow during that time period. In response to questions, Mr. Delk said even if Council approves specific densities today, applicants must adhere to design guidelines, mass and bulk of buildings, transportation studies, drainage, FAR, and various other standards. Parking and amenities are included in the FAR. Traffic studies, evacuation plans etc. also are required. There are no guarantees with respect to the amount of density an applicant can receive. It was noted that the CDB and Council review development agreements. Mr. Delk said the City and County performed extensive studies regarding loss of hotel rooms on the beach and the economic cost to the community. He said staff is comfortable with their recommendations to Council. The Council recessed from 11:38 to 11:45 p.m. In response to a question, Mr. Delk said the maximum number of additional units the Marriott could have is 383 based on an additional 4.8 acres at 125 units per acre. The potential maximum number of additional units for the Sheraton would be 750. It was remarked all the elements of development process determine the maximum density allowed for a project. In Council 2008-04-17 9 response to a question, Ms. Akin said the Council could reduce the maximum allowable number of units and restrict density geographically. In response to questions, Mr. Delk said the increased density would also apply on US19 and Gulf-to-Bay Boulevard. It was remarked that many residential neighborhoods back up to commercial properties on Gulf-to-Bay. Discussion ensued with comments that Council could review and amend densities in the future. It was remarked that due to the price and size of property on the mainland, there is no need to offer incentives to developers there. Councilmember Cretekos moved that page Two of the Ordinance be amended as follows: for overnight accommodations of less than 1 Acre (Alternative), 75 units per acre be changed to 70 units per acre; that for overnight accommodations of between 1 and 3 Acres (alternative) that the 100 units per acre be changed to 90 units per acre; and that for overnight accommodations greater than 3 acres (alternative), the 125 units per acre be changed to 110 units per acre. The motion was duly seconded. Discussion ensued with a suggestion that the reduction in density be greater. It was reiterated that this would be the maximum number of units and could only be obtained if many other criteria and standards are met. It was noted, although Sand Key is a residential community, most of the condominiums are vacant half the year and used for rental purposes. It was remarked that it is disheartening to hear some of the negative comments expressed tonight regarding tourism, as tourism is important to the entire community. It was felt that not to include the Sheraton and the Marriott would place them in an incredible disadvantage. It was remarked that previous City Commissions attempted to limit development on Sand Key, however, a court decided what could be there. It was felt that a balance is needed as the economy and the market will determine the type of projects that are built. Upon the vote being taken, the motion carried unanimously. Councilmember Cretekos moved that page 3 of the Ordinance be amended to remove the ability to use alternative density in all commercial areas, with the exception of RFH which will make it consistent and limit the maximum number of units for overnight accommodations to 50 units per acre. The motion was duly seconded and carried unanimously. Councilmember Petersen moved to approve amendments to the Future Land Use Element of the Clearwater Comprehensive Plan related to the adoption of alternative density and intensity standards for overnight accommodations, and the addition of an objective and policies pertaining to tourism as amended. The motion was duly seconded and carried unanimously. Ordinance 7924-08 was presented for first reading as amended and read by title only. Councilmember Doran moved to pass Ordinance 7924-08 on first reading as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Council 2008-04-17 10 7.7 Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines that establish the Hotel Density Reserve and associated criteria for allocation, and Pass Ordinance 7925-08 on first reading. The Planning Department is recommending amendments to Beach by Design that would establish a Hotel Density Reserve containing 1,385 hotel rooms for allocation on a project-by- project basis to enable hotel development to achieve economic parity and to provide for the development of new mid-size, mid-priced hotels. The need for and the size of the Hotel Density Reserve was reached following the completion of an economic study that identified hotels as having an economic disparity with condominium development, and the completion of a traffic study that concluded only a maximum across-the-board density of 90 hotel rooms per acre could be achieved on Clearwater Beach. With regard to the economic study, which was conducted in October 2006, it was determined that condominium development could support on average a land value that is seven times higher per unit than hotel development. Accordingly, hotels would need roughly 5 to 7 rooms for every condominium unit in order to compete with potential condominium development in terms of economic viability. The traffic study that was subsequently undertaken in order to determine the maximum density that could be achieved within the established LOS standards for the transportation network, determined that Clearwater Beach could support an additional 1,385 hotel rooms or an across-the-board density of 90 hotel rooms per acre. As economic parity would not be achieved with an across-the-board density, Beach by Design would capture the development potential that could exist between 50 and 90 hotel rooms per acre within the Hotel Density Reserve for allocation on a project-by-project basis. It is also noted that the existing capacity and demand for both potable water and wastewater was examined and no capacity issues are anticipated with either. The City’s average consumption of potable water is 13 MGD (million gallons per day), and the City has facilities that can produce 4 MGD with the balance of the potable water service being provided from Tampa Bay Water via interconnects with Pinellas County, and there is no cap on the agreement for purchased water. The recent peak historic flow (past five years) for wastewater is 20.04 MGD and the City has a wastewater capacity of approximately 28.5 MGD. It is further noted, however, that some wastewater system improvements will be needed at some point, but the costs associated with those improvements would have to be born by the private sector. In addition, the amendment also establishes several criteria that must be incorporated and/or met in order for a project to draw units from the Reserve. Some of those criteria are as follows: Those properties and/or developments that have acquired density from the Destination Resort Density Pool are not eligible to have rooms allocated from the Reserve. Those properties and/or developments that have had density transferred off to another property and/or development(s) through an approved Transfer of Development Rights (TDR) application by the City after December 31, 2007, are not eligible to have rooms allocated from the Reserve. A maximum of 100 hotel rooms may be allocated from the Reserve to any development with a lot size less than 2.5 acres. Those developments with a lot size greater than or equal to Council 2008-04-17 11 2.5 acres may use the Reserve to achieve a density of 90 hotel rooms per acre. However, in no instance shall the density of a parcel of land exceed 175 units per acre regardless of whether it has received benefit of transfers of development rights in addition to the Reserve, or not. Accessory uses inconsistent with amenities typical of a mid-priced hotel shall require compliance with the base FAR requirements of the Resort Facilities High (RFH) Future Land Use category. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Reserve. When both the allocation of hotel rooms from the Reserve and the TDRs are utilized as part of a development, only hotel rooms brought in to the project through the TDR process are eligible to be constructed above the otherwise maximum building height, but only provided that all TDR criteria are met. The staff report and Ordinance 7925-08 contain all of the allocation criteria as well as further analysis and information on the proposed amendment. The CDB recommended approval of the proposed amendments at its pubic hearing of March 18, 2008, with the condition that the requirement of a minimum lot size be eliminated. It is noted that at the Council meeting of March 20, 2008, the proposed amendments to Beach by Design were continued to the meeting of April 17, 2008, in conjunction with associated amendments to the Comprehensive Plan (CPA2008-01001) and the CDC (TA2008-01001) so that the staff could work with the Pinellas Planning Council to address their concerns. It was suggested that there be consistent limitations regarding heights in the Beach Walk district. Planning Director Michael Delk said another ordinance would be required to address those changes. Consensus was to do so. He confirmed the Beach Walk district is west of Coronado. Councilmember Cretekos moved to approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines that establish the Hotel Density Reserve and associated criteria for allocation. The motion was duly seconded. Two persons spoke regarding the amendments. Upon the vote being taken, the motion carried unanimously. Ordinance 7925-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7925-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 7.8 Approve amendments to the Community Development Code to adopt alternative densities and intensities for overnight accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Council 2008-04-17 12 Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes, and Pass Ordinance 7926-08 on first reading. The Planning Department is recommending several amendments to the CDC that are associated with a companion amendment being proposed to the Clearwater Comprehensive Plan that would adopt alternative density and intensity standards for overnight accommodations consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan (AKA Countywide Plan Rules). As such, several of the proposed amendments are being brought about to ensure consistency between the CDC and the Clearwater Comprehensive Plan. In addition, however, are a few amendments that are editorial in nature or are refinements to existing CDC sections. Consistency with the Comprehensive Plan Amends the maximum development potential tables associated with the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts so that they are compatible with the alternative density and intensity standards for overnight accommodations proposed in Ordinance 7924-08. Overnight Accommodation Flexibility Criteria Revises flexibility criteria for the overnight accommodation use in the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts. Definitions for Overnight Accommodations and Overnight Accommodation Unit Establishes a definition for the term “overnight accommodation unit” and a revised definition for the term “overnight accommodation,” so as to be consistent with those definitions set forth in the Countywide Plan Rules. Indoor Recreation/Entertainment Adds flexibility criteria for lot area, lot width, setbacks, height and off-street parking for the use in the Commercial (C) District where none previously existed, but deviations were permissible. Open Space/Recreation (OS/R) District Removes the overnight accommodations use from the OSR District due to incompatibilities with the District and corrects an inconsistency with the Countywide Plan Rules. The staff report provided and Ordinance 7926-08 contain further analysis and information on the proposed amendments. The CDB reviewed and approved the proposed text amendments at its public hearing of March 18, 2008. It is noted that at the Council meeting of March 20, 2008, the proposed text amendments were continued to the meeting of April 17, 2008, in conjunction with associated amendments to the Comprehensive Plan (CPA2008-01001) and the amendments to Beach by Design so that staff could work with the Pinellas Planning Council to address their concerns. Council 2008-04-17 13 In response to questions, Mr. Tefft confirmed that this amendment removes all alternative densities in the RFH category in the C District limiting overnight accommodations. It includes hurricane evacuation requirements. City Attorney Pam Akin said once Council rezoned the Shoppes on Sand Key, this amendment would apply to that property. Councilmember Doran moved to amend Ordinance 7926-08: On pages 2 and 3, amend Section 1 of the Ordinance from this: Countywide Future Land Maximum Maximum Floor Area Ratio/Impervious Surface Ratio Maximum Overnight Use Designation Dwelling Units Accommodation Units Overnight Overnight Non-Residential per Acre of Per Acre Accommodations Accommodations Uses Land (Base) (Alternative) Base Alternative Commercial Neighborhood 10 dwelling N/A N/A FAR .40/ISR .80 N/A N/A units per acre Commercial Limited 18 dwelling FAR .45/ISR .85 FAR 1.0/ISR .85 FAR .45/ISR .85 30 45 units per acre Commercial General 24 dwelling FAR .55/ISR .90 FAR 1.2/ISR .90 FAR .55/ISR .90 40 60 units per acre Residential/Office/Retail 18 dwelling FAR .40/ISR .85 FAR 1.0/ISR .85 FAR .40/ISR .85 30 45 units per acre Resort Facilities High 30 dwelling FAR 1.0/ISR .95 FAR 2.0/ISR .95 FAR 1.0/ISR .95 50 Less than units per acre one acre: 75 FAR 3.0/ISR .95 Between one acre and three acres: 100 FAR 4.0/ISR .95 Greater than three acres: 125 To this: Countywide Future Land Maximum Dwelling Units Maximum Floor Area Maximum Overnight Use Designation per Acre of Land Ratio/Impervious Surface Accommodation Units Per Acre Ratio Commercial Neighborhood 10 dwelling units per acre FAR .40/ISR .80 N/A Commercial Limited 18 dwelling units per acre FAR .45/ISR .85 30 units per acre Commercial General 24 dwelling units per acre FAR .55/ISR .90 40 units per acre Residential/Office/Retail 18 dwelling units per acre FAR .40/ISR .85 30 units per acre Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 50 unites per acre On page 4, amend Section 3 of the Ordinance as follows: 6. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted.; and 7. A Development Agreement must be approved by the City Council pursuant to Florida Statutes 163.3221 – 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement shall: Council 2008-04-17 14 a. Comply with all applicable requirements of the “Rules Concerning the Administration of the Countywide Future Land Use Plan” as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within fourteen (14) days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. On page 5, amend Section 4 of the Ordinance as follows: 7. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted.; and 8. A Development Agreement must be approved by the City Council pursuant to Florida Statutes 163.3221 – 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement shall: a. Comply with all applicable requirements of the “Rules Concerning the Administration of the Countywide Future Land Use Plan” as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within fourteen (14) days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. On pages 6 and 7, amend Section 6 of the Ordinance as follows: Countywide Future Land Maximum Maximum Floor Area Ratio / Impervious Surface Ratio Maximum Overnight Use Designation Dwelling Units Accommodations Units Overnight Overnight Non-Residential per Acre of Per Acre * Accommodations Accommodations Uses Land (Base) (Alternative) Base Alternative Resort Facilities High 30 dwelling FAR 1.0/ISR .95 FAR 2.0/ISR .95 FAR 1.0/ISR .95 50 Less than units per acre one acre: 75 70 FAR 3.0/ISR .95 Between one acre and three acres: 100 90 FAR 4.0/ISR .95 Greater than three acres: 125 110 * Or as set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the special area plan governing Clearwater Beach adopted by Ord. No. 6689-01 and as amended. Council 2008-04-17 15 The motion was duly seconded and carried unanimously. Councilmember Petersen moved to approve amendments to the Community Development Code to adopt alternative densities and intensities for overnight accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes as amended. The motion was duly seconded and carried unanimously. Ordinance 7926-08 was presented for first reading as amended and read by title only. Councilmember Petersen moved to pass Ordinance 7926-08 on first reading as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 8. Quasi-judicial Public Hearings 8.1 Approve the Annexation, Land Use Plan Amendment from the Residential Suburban (RS) (City and County) category to the Residential Low (RL) and Institutional (I) category, Zoning Atlas Amendment from the A-E Agricultural Estate District (County) and Low Density Residential (LDR) District (City) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts (City) for property located at 3280/3290 McMullen-Booth Road (consisting of two parcels of land including Lot 1 Geiger Tract and the east 308.25 feet of the Northwest ¼ of the Northwest ¼ of Section 21, Township 28 South, Range 16 East less the south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road right-of-way and Pass Ordinances 7942-08, 7943-08 and 7944-08 on first reading. (ANX2005-02003 and LUZ2005- 02002). The subject site is comprised of two parcels of land totaling 4.50 acres in area. The site is located on the west side of McMullen-Booth Road approximately 500 feet north of Mease Drive. Approximately 0.358 acres located at the northeastern corner of the property is located within unincorporated Pinellas County and is generally undeveloped. The remainder of the site is located in the City of Clearwater and is occupied by 14 attached dwellings within several one- story buildings. The annexation, future land use plan amendment and rezoning are requested by the applicant, Spinecare Properties, LLC who intends to construct a 45,000 square-foot two-story medical office building. The CDB reviewed cases ANX2005-02003, LUZ2005-02002, and DVA2005-00001 at its public hearing on May 17, 2005 and unanimously recommended approval. The CDB also approved site plan (FLD2005-01014) with 16 conditions at that meeting. These requests were removed from consideration at the June 16, 2005 Council Meeting pending completion of an appeal of the CDB’s approval of the applicant's flexible development site plan application for the property. The applicant prevailed in the appeal and has requested that the City Council review the pending annexation, land use plan amendment and rezoning applications. Council 2008-04-17 16 In August 2007, due to the delays caused by litigation, the Planning Director approved a time extension to September 6, 2008. Provided the pending applications are approved by City Council, an application for building permit needs to be initiated to construct improvements by September 6, 2008. The applicant is requesting the annexation in order to consolidate the entire property within the City of Clearwater boundaries and to receive sewer and solid waste service. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the CDC: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan, the CDC and Pinellas County Law. The proposed annexation is contiguous to existing municipal boundaries and represents a logical extension of the boundaries. Please refer to the annexation staff report (ANX2005-02003) for the complete analysis. The Pinellas Planning Council (PPC) staff reviewed this annexation and no objections were raised. The applicant is requesting to amend the Future Land Use Plan Map designation from Residential Suburban (RS) (County) to Residential Low (RL) and Institutional (I) City) and to rezone it from the A-E, Agricultural Estate District (County) and Low Density Residential (LDR) (City) District to the Low Medium Density Residential (LMDR) and Institutional (I) zoning districts. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the CDC: The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. It should be noted, an updated traffic impact analysis was submitted to the City in February 2008. The updated traffic study was required in order to confirm that Level of Service issues had not changed. City staff determined the Level of Service of the applicable McMullen- Booth Road segment will still be acceptable after the Spinecare site is developed. The development agreement reviewed by the CDB will be scheduled for Council action when the land use plan amendment and rezoning are heard on second reading. The development agreement proposes to restrict the use of the site, the floor area of the medical office, the location of parking and retention, specifies buffering, etc. and will be presented for discussion only at the March 17, 2008 City Council Work Session and the March 20, 2008 City Council meetings. Please refer to the land use plan amendment and rezoning staff report (LUZ2005-02002) for the complete analysis. In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of Council 2008-04-17 17 County Commissioners acting as the Countywide Planning Authority. Review and approval by the Florida DCA is required. Ms. Clayton said staff recommends a 20-year development agreement, which is allowed per Florida Statutes, as it would better protect the neighborhood. She said instead of 69,000 square-feet, the medical facility will be limited to 45,000 square-feet. The height is restricted to two stories with additional height for parapets and mechanical equipment. Parking restrictions also include buffering. Windows will be translucent and hours of operation and lighting will be limited. The Ashland Heights Homeowners’ Association is a party to the development agreement. Deborah Martohue, representative, said she has letters of support from the Ashland Height Homeowners’ Association and from Dr. Weiland regarding the project. She said the applicant agrees with the Staff Report. She said the 20-year development agreement protects neighbors to the north and will begin on the date of final approval of the project. She said the litigation brought forward by Dr. Weiland would no longer be an issue if this application is approved. She said the reason the development agreement goes back to the CDB in June is for their review of the term of the 20-year development agreement. She said the tree preservation issue also will be addressed before June. In response to a question, Robert Pergolizzi of Gulf Coast Consultants said the Staff Report stated the LOS on McMullen-Booth Road is an A. However, his firm performed a more detailed analysis, which indicates it is a LOS of B. Councilmember Gibson moved to approve the Annexation, Land Use Plan Amendment from the Residential Suburban (RS) (City and County) category to the Residential Low (RL) and Institutional (I) category, Zoning Atlas Amendment from the A-E Agricultural Estate District (County) and Low Density Residential (LDR) District (City) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts (City) for property located at 3280/3290 McMullen-Booth Road (consisting of two parcels of land including Lot 1 Geiger Tract and the east 308.25 feet of the Northwest ¼ of the Northwest ¼ of Section 21, Township 28 South, Range 16 East less the south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road right-of-way. The motion was duly seconded and carried unanimously. Ordinance 7942-08 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7942-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7943-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7943-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Council 2008-04-17 18 Ordinance 7944-08 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7944-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 8.2 Approve the Petition for Future Land Use Plan Amendment from County Residential Urban (RU) to City Residential/Office General (R/OG) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Office (O) District for 2723 S.R. 580 (Lot 5 Block 1 Acker’s Subdivision in Section 28, Township 28 South, Range 16 East); By Ordinance 7941-08, Rescind Ordinances 7405-05 and 7406-05 and Pass Ordinances 7922-08 and 7923-08 on first reading. (LUZ2004-11007) The subject property is located at 2723 S.R. 580, on the south side of S.R. 580 approximately 1,300 feet west of McMullen-Booth Road. On May 5, 2005, the City Council approved on second reading the annexation (ANX2004-11019) of this property, as well as a land use plan amendment from the Residential Urban category to the Residential/Office General category and rezoning from the property’s County designation to the City’s Office District (LUZ2004-11007). The applicant has since constructed a two-story office building, 2,428 square feet in area. Due to a staff change, the Planning Department audited some files in 2007 and discovered that this case had not been forwarded to the DCA. This case was processed as an adopted small-scale amendment and forwarded to DCA consistent with past practices. Upon review, DCA indicated that the land use plan amendment should have been a large-scale amendment because the Residential/Office General land use category allows residential density exceeding 10 units per acre. Clearwater, as well as all Pinellas County communities, has historically processed land use plan amendments involving a mixed-use land use classification as small-scale because the categories are not exclusively residential classifications. The DCA has indicated that any land use category allowing residential density exceeding 10 units per acre is considered a large-scale amendment and must be processed accordingly. City legal staff has advised the Planning Department that the ordinances concerning the future land use and rezoning must be rescinded and replaced by new ordinances. For this reason this case is being returned to the City Council for consideration. The annexation ordinance will remain as adopted. The Planning Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed future land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment Councilmember Gibson moved to approve the Petition for Future Land Use Plan Amendment from County Residential Urban (RU) to City Residential/Office General (R/OG) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Council 2008-04-17 19 Office (O) District for 2723 S.R. 580 (Lot 5 Block 1 Acker’s Subdivision in Section 28, Township 28 South, Range 16 East. The motion was duly seconded and carried unanimously. Ordinance 7941-08 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7941-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7922-08 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7922-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7923-08 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7923-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 8.3 Approve a Future Land Use Plan Amendment from the Residential Urban (RU) and Institutional (I) Classifications to the Residential Medium (RM) Classification and a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for property located at 802, 826, and 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200 (consisting of a portion of property located in metes and bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range 15 East); and Pass Ordinances 7945-08 and 7946-08 on first reading. (LUZ2006-08006) This Future Land Use Plan (FLUP) amendment and rezoning application involve property comprising approximately 8.10 acres in area located northeast of the CSX Railroad Right-of-Way and Woodlawn Street. This property has FLUP classifications of Residential Urban (RU) and Institutional (I) and zoning designations of Medium Density Residential (MDR) and Institutional (I). The applicant is requesting to amend the FLUP designations of the site to the Residential Medium (RM) classification and to rezone the property to the Medium Density Residential (MDR) District in order to re-establish the use of the property for multi-family residential purposes. There is an existing single-family dwelling and eight attached residential dwelling units on the site. In 2001, the applicant was seeking to redevelop the site for institutional use. To accommodate that use, this property went through a land use plan amendment from the Residential Medium FLUP classification to the Institutional FLUP classification and a rezoning from the Medium Density Residential to the Institutional Zoning District (Case LUZ 01-08-06). Today, for the property as described above, the applicant is proposing workforce housing, with 112 attached residential units. To accommodate the residential use, a portion of the prior site is Council 2008-04-17 20 now proposed to be Residential Medium FLUP classification and Medium Density Residential Zoning District. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the CDC: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. Please refer to the land use plan amendment and rezoning (LUZ2006-08006) staff report for the complete analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida DCA is required. The CDB reviewed these applications at its public hearing on September 18, 2007 and unanimously recommended approval of the FLUP amendment. In response to a question, Mr. Delk said the property has been zoned Institutional for many years. Pastor Randy Morris, representative, said the original plan was to develop this property for a church. However, as that did not occur, the Woodlawn Church of God is partnering with developers to provide an affordable housing project on the site. William Wolf, managing partner, stated the affordable housing project is a good opportunity to partner with the church and provide the community with affordable housing. In response to questions, Mr. Wolf stated the church will no longer own the property when the units are sold. He said the applicant is working with the City to ensure the units remain as affordable housing units for a designated period of time. He said the target price for the units are between $130,000 to $160,000. He stated this is the first affordable housing project his firm has done. His company has mainly been renovation contractors. Pastor Morris apologized for not following through regarding a meeting he was to have with the neighbors. Chris Conkell, managing partner said the applicant has been working with the City and County regarding first time homebuyer programs to keep the homes’ price points affordable. Six people spoke in opposition to the application. Pastor Morris said the complex will be gated and fenced due to the homeless issue in the area. He said the zoning would be returned to what it was zoned when the church purchased it. He said although it was zoned MDR for 12 units per acre in 1999, the request is for 15 units per acre. Council 2008-04-17 21 In response to questions, Ms. Clayton said that 15 units per acre in MDR is not a right. Applicants must adhere to Code requirements. She said Residential Urban zoning allows 7.5 units per acre. She said the pending site plan application does not request flexibility that would it require to go before the CDB. Once a development order is issued, the applicant has a right to appeal it. That appeal would go before the CDB. However, at this time, no review by the CDB is required. She said as this is a large scale amendment, if the Council continues this item, it would be delayed until August or September, as DCA review is required. Discussion ensued. It was felt that more information is needed prior to making a final decision regarding the application. Disappointment was expressed that the applicant failed to meet with the neighbors regarding the project. Councilmember Petersen moved to continue Item 8.3. The motion was duly seconded and carried unanimously. 8.4 Approve a Future Land Use Plan Amendment from the Industrial Limited (IL) Classification to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Industrial, Research and Technology (IRT) District to the Commercial (C) District for property located at 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610 and 1620 McMullen-Booth Road (Lot 1, South Oaks Fashion Square, Section 09, Township 29 South, Range 16 East); and Pass Ordinances 7920-08 and 7921-08 on first reading. (LUZ2007- 07005). This FLUP amendment application involves property comprising approximately 19.05 acres in area and located at the southwest corner of the intersection of State Road 590 and McMullen-Booth Road. This property, known as Bayside Bridge Plaza, has a FLUP classification of Industrial Limited (IL) and a zoning designation of Industrial, Research and Technology (IRT). The applicant is requesting to amend the FLUP classification of the site to the Commercial General (CG) classification and to rezone the property to the Commercial (C) District in order to establish a FLUP classification and zoning district that are compatible with the current uses of the property. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the CDC: ·The proposed land use plan amendment is consistent with the Comprehensive Plan. ·The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. Please refer to the land use plan amendment and rezoning (LUZ2007-07005) staff report for the complete analysis. The Planning Department determined that the amendments are also consistent with the Countywide Rules concerning Mixed Use Classifications on the Countywide Plan Map on Scenic/Non-Commercial Corridors since the Commercial General Classification is less intense than the Industrial Limited Classification. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida DCA is required. The CDB reviewed this application at its public hearing on February 19, 2008 and unanimously recommended approval of the FLUP amendment. Ed Armstrong, representative, said this request is needed for the property to become a conforming use. Council 2008-04-17 22 Councilmember Doran moved to approve a Future Land Use Plan Amendment from the Industrial Limited (IL) Classification to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Industrial, Research and Technology (IRT) District to the Commercial (C) District for property located at 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610 and 1620 McMullen-Booth Road (Lot 1, South Oaks Fashion Square, Section 09, Township 29 South, Range 16 East. The motion was duly seconded and carried unanimously. Ordinance 7920-08 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 7920-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Ordinance 7921-08 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 7921-08 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. The Council recessed from 7:51 to 8:02 p.m. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 7927-08 on second reading, amending Section 33.059(3), Code of Ordinances, relating to waterways and vessels at City-owned public docks. Ordinance 7927-08 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7927-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Cretekos, Gibson, and Hibbard. Absent: Doran. "Nays": None. 9.2 Adopt Ordinance 7947-08 on second reading, amending Ordinance 7372-05, which vacated a portion of the easterly one-half of the 70-foot right-of-way of Gulfview Boulevard (AKA South Gulfview Boulevard), subject to special conditions; amending the conditions by extending the date for vertical construction to March 31, 2010 and requiring demolition and removal of existing structures on the project site by October 31, 2008. Ordinance 7947-08 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7947-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2008-04-17 23 "Ayes": Petersen, Cretekos, Gibson, and Hibbard. Absent: Doran. "Nays": None. 9.3 Adopt Ordinance 7948-08 on second reading, amending Ordinance 7371-05, as amended by Ordinance 7598-06, which vacated a portion of the 60-foot right-of-way of First Avenue (AKA First Street per field) subject to special conditions; amending the conditions by extending the date for vertical construction to March 31, 2010 and requiring demolition and removal of existing structures on the project site by October 31, 2008. Ordinance 7948-08 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7948-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 9.4 Continue Second reading of Ordinance 7949-08 to May 1, 2008. Councilmember Doran moved to continue second reading of Ordinance 7949-08 to May 1, 2008. The motion was duly seconded and carried unanimously. City Manager Reports 10. Consent Agenda– Approved as submitted. 10.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) 10.2 Accept funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $116,098 for funding of two middle-school aged summer camp programs and authorize the appropriate officials to execute same. (consent) 10.3 Approve a Contract (Blanket Purchase Order) for $3,930,000 to McMullen Oil Company, Inc, of Clearwater, FL for the purchase of unleaded and diesel fuel for City Motorized equipment as per Transport award of City of Clearwater RFP 12-05 and authorize the appropriate officials to execute same. (consent) 10.4 Appoint Councilmembers as representatives on Regional and Miscellaneous Boards. 10.5 Authorize instituting a civil action on behalf of the City against Florida Power Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the construction of improvements on Myrtle Avenue. (consent) Council 2008-04-17 24 Councilmember Doran moved to approve the Consent Agenda as submitted and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 11. Other items on City Manager Reports 11.1 Terminate the PGP Gas Supply Agreement and its obligations previously adopted under Resolution 04-34 and adopt Resolution 08-05. On February 15, 2008, the Florida Gas Utility (FGU) Executive Committee authorized the reassignment of FGU’s share in the Public Gas Partner (PGP) Pool 1, termination of FGU’s PGP Project, and subsequent withdrawal by FGU from PGP. The City of Clearwater originally approved the FGU's PGP Gas Supply Agreement 1 by Resolution 04-34 on December 2, 2004, to include the proposed form of the Natural Gas Production Sharing Agreement for Gas Supply Pool 1. Several factors led to FGU’s decision to terminate the PGP project, but the primary factor was that the level of effort and workload associated with the PGP gas, especially once permanent financing is required and physical delivery of the gas begins, will make the project uneconomical for the volumes available to FGU, when compared to other potential alternatives for discounted gas supplies. The other non-FGU partners in PGP are still desirous of amending the Production Sharing Agreement to re-open the acquisition period and to change reserve criteria from Proved Developed Producing (PDP) to Proved. This may increase the likelihood of success in acquiring additional properties but increases the reserve risk factor, which Clearwater Gas and the other FGU partners do not recommend. FGU will receive a lump sum payment from PGP on behalf of the other non-FGU PGP members that will take assignment of FGU’s share for $270,000. This will be the full and complete payment from PGP for FGU’s interests in the assets of Pool 1. FGU has deferred development costs of just over $200,000, which will be paid from the payment. Any additional legal fees associated with documents related to the assignment and termination of the project will be paid from the $270,000 payment. Any remaining funds after the payment of all of the obligations will be distributed to the FGU project participants in proportion to entitlement shares as reflected in FGU's PGP Gas Supply Agreement 1. The lump sum payment is in addition to the $0.20/MMBtu distribution that the FGU project participants have received since June 2006. Councilmember Cretekos moved to approve terminating the PGP Gas Supply Agreement and its obligations previously adopted under Resolution 04-34. The motion was duly seconded and carried unanimously. Resolution 08-05 was presented and ready by title only. Councilmember Gibson moved to pass and adopt Resolution 08-05 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Doran, Petersen, Cretekos, Gibson, and Hibbard. “Nays”: None. 11.2 Award Design Build Contract for the Downtown Boatslips project to Misener Marine Construction, Inc. in the amount of $10,522,765.05 and authorize the appropriate officials to Council 2008-04-17 25 execute same, and authorize staff to initiate financing of the project, and authorize funding from Central Insurance Fund reserves in the amount of $2,736,097 to advance the $1.5 million to be paid by the CRA over 3 years and the $1,236,097 of grant funds anticipated once the permitting is complete. As a result of the March 2007 referendum, which approved the downtown boat slips project, work began on the "Design Build" phase of this waterfront project. A request for proposal (31-07) produced three bidders (two qualified). The two qualified bidders were interviewed, then rated and ranked based on the criteria outlined in the RFP. Misener Marine was ranked highest of the respondents, for which subsequent negotiations with the design/build team proved successful. The proposed design contains 132 wet slips in addition to approximately 1,800 feet of side tie mooring and 630 feet of free transient mooring. Design and permitting is expected to be completed by December 31, 2008. The construction phase is to begin the first of the year (2009) and expected to be complete by June 30, 2009. The estimated $12,972,350 cost of the project consists of the following: Boat Slips: Construction Contract $10,522,765 5% contingency $ 526,138 $11,048,903 Upland Improvements: Sidewalks, curbs, lighting, etc. $ 808,114 Restrooms/Dock masters office $ 246,154 Electric $ 321,260 Water, Sewer, etc. $ 149,755 Furniture/Equipment $ 31,542 10% contingency $ 163,183 $ 1,795,008 Public Art $ 128,439 Total Costs $12,972,350 The funding for this project: Financing Proceeds $10,250,000 Central Insurance Fund Reserves Advance for CRA $ 1,500,000 Advance for Grant $ 1,236,097 $ 2,736,097 DDB Council 2008-04-17 26 FY07 50,000 FY08 50,000 100,000 Less: Spent to Date (113,747) Total Funding $12,972,350 A budget amendment to reflect the above budget and funding will be made as part of the mid-year budget amendments. David Gildersleeve, Wade-Trim, reviewed the history of the project. He recommended the project be awarded to Misener Marine Construction. Discussion ensued. In response to a question, Mr. Gildersleeve said he is confident there will be no more cost overruns. He said the contractor provides a guaranteed maximum construction design fee. Assistant City Manager Rod Irwin said included in the total cost of the project is a 5% contingency for changes needed by the City. It was suggested $2 million of interest earnings from the Special Development Fund be used to reduce borrowing requirements. Councilmember Petersen moved to approve awarding a Design Build Contract for the Downtown Boatslips project to Misener Marine Construction, Inc. in the amount of $10,522,765.05 and authorize the appropriate officials to execute same, and authorize staff to initiate financing of the project, and authorize funding from Central Insurance Fund reserves in the amount of $2,736,097 to advance the $1.5 million to be paid by the CRA over 3 years and the $1,236,097 of grant funds anticipated once the permitting is complete and authorize a transfer of $2 million of undesignated retained earnings from the Special Development fund to reduce the financing requirements. The motion was duly seconded. Upon the vote being taken, Councilmembers Doran, Petersen, Cretekos, and Mayor Hibbard voted “Aye”; Councilmember Motion carried Gibson voted “Nay.” . Councilmember Doran moved to approve Item 11.2 as amended. The motion was duly seconded. Upon the vote being taken, Councilmembers Doran, Petersen, Cretekos, and Mayor Motion carried Hibbard voted “Aye”; Councilmember Gibson voted “Nay.” . 11.3 Fund approximately 50% of the $7.5 million planned debt issuance for Beach Walk from General Fund Reserves. Councilmember Doran moved to continue Item 11.3 to May 1, 2008. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 12. City Manager Verbal Reports City Manager said Countryside Library Internet to be fixed 4/18/08. Rod Irwin put copy of Cleveland Street District’s new E-Newsletter & Announcement/Subscription Postcard on City web site. 13. Council Discussion Items Council 2008-04-17 27 Councilmember Cretekos moved to approve flying City facility flags at half-staff on the day of the funeral of a Clearwater citizen killed in Iraq. 13.1 Work Net Pinellas' Summer Career Institute - Councilmember Cretekos Discussion ensued regarding how many children would benefit from this program and how it is evaluated. It was noted there are programs already in North Greenwood that could provide a "bigger bang for the buck." Consensus was to investigate other programs. 14. Other Council Action Council members reported on events in which they recently participated and reviewed upcoming events. Councilmember Gibson requested honoring a soldier on leave from Iraq with a certificate. Consensus was to do. Councilmember Petersen presented the Mayor with a plaque from environmental group; told them City would work hard on going green. Mavor Hibbard announced Beach Walk is open; wished his daughter Happy Birthday. Councilmember Cretekos said the key to the City was presented to Mrs. Stavros at PTEC ceremony. 15. Adjourn The meeting adjourned at 1 :21 a.m. ~~~ yor City of Clearwater Attest: Council 2008-04-17 28