11/04/1991 (2)
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CITY COMMISSION SPECIAL MEETING
November 4, 1991
The City Commission of the City of Clearwater met at City Hall with the following
members present:
Rita Garvey
Sue Berfield
lee Regulski
William Nunamaker
Richard Fitzgerald
Also present were:
Michael J. Wright
M. A. Galbraith, Jr.
Mary K. Diana
Mayor/Commissioner
Vice-Mayor/Commissioner (10:05 a.m.)
Cornmiss i oner
ColtlTlissioner
Corrnnissioner
City Manager
City Attorney (10:05 a.m.)
Assistant City Clerk
The Mayor called the meeting to order at 10:00 a.m. and the following items
were discussed:
Special Public HearinQ and First ReadinQ Ordinance No. 5142-91 - AmendinQ
Ordinance ~. 3205-83 for Proposed Change of Use of Land to an Already Approved
Development of ReQional Impact {DRI) for the Park~Place Development
The Commission agreed at its October 17. 1991 meeting to hold a special
public hearing on this item due to time constraints faced by the developer.
The actions required to permit industrial/research and development land
uses in the Park Place development of regional impact (ORI) are (I) approval of
the change to the development order as part of the notice of proposed change
hearing to allow (a) the substitution of 200.000 square feet of industrial
development for 300,000 square feet of office development and (b) the extension
of the buildout date for the project from 1991 until 1996; and (2) amendment to
the zoning and land use classification for the property.
Staff feels the proposed changes do not constitute a substantial deviation
since service impacts are lessened from the original level of development allowed
under the original DR! approval and the applicant has demonstrated reasonable
progress, given market conditions, in proceeding with the continued development
of "the site.
The Commission previously passed first reading Ordinances Nos. 5113-91 and
5114-91 on August 15, 1991, amending the zoning and land use classification for
approximately 50 acres of the 99.1 acre site. The applicant has now submitted
actual concept plans for the development and a reduction of the amount of area
to be rezoned/reclassified is warranted since the applicant intends to utilize
only 21.3 acres for industrial use.
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Planning & Development Director James Polatty reported a revised
development order was received late Friday afternoon from the applicant. He said
some of the Park Place off-site improvements of the original three phases have
been completed and the applicant is offering to accelerate payment of the
transportation mitigation impact fees to the City with the interest being
calculated from the date of the issuance of the development order to within 90
days after second reading of the amending ordinance.
Timothy Johnson, attorney representing the owner I Buildings Operation
HOlding Company, and Storz Ophthalmic1s Incorporated, the buyer of the property,
extended his appreciation to the City for their cooperation in this project. He
said the notice of proposed change is being filed to accommodate a 200,000 square
foot light manufacturing facility which manufactures interocular lenses. He
noted for the record that by asking for the extension the applicant was not
waiving his legal rights even if this extension is not necessary. This request
has been reviewed by the Planning & Zoning Board twice and approval has been
unanimously recommended. A traffic analysis has been prepared by King
Engineering and submitted to the City and regulatory agencies to evaluate the
impact due to the reduction in square footage, the change of use and the
postponement of the build-out on traffic. As a result of this study, a new
development order has been submitted to the City. He indicated, when a notice
of proposed change is filed, the precise language needs to be included in the
development order. A revised ordinance has been reviewed by the Department of
Community Affairs (DCA) and the Tampa Bay Regiona 1 Planning Counci 1 (TBRPC). The
DCA has approved it with minor changes. These changes have been made and sent
to the City, the region and the state. The DCA still has questions and the TBRPC
has raised several about the traffic study. It was felt these questions,
however, will not change the result of the traffic study. He distributed the
order which included changes requested by the DCA.
Mr. Johnson requested the development order, rezoning and the land use plan
ordinances all be scheduled for second reading on December 19, 1991. He said the
site plan included with the annexation agreement that was part of the original
order adopted for the Park Place DR! is proposed to be revised and it will be
necessary to makp a substitution. He said in working with the regulatory
agencies there may be some additional changes requested to the development order
to satisfy concerns. Most of these changes would relate to transportation and
they could be made prior to second reading of the ordinance.
In response to a question, the City Attorney said ordinances can be amended
prior to second reading if the scope of the ordinance is not expanded.
Joe Kubicki, transportation director at King Engineering, indicated
transportation was a key issue to the City and a professional team assisted in
the impact assessment of this project. He said replacing 300,000 square feet of
office development with 200,000 square feet of light industrial will
significantly lower the trip generation rate and additional impact on regional
roadways is not anticipated.
In response to questions, Mr. Kubicki indicated the original development
order relied heavily on transportation systems management and allowed a high
percentage of cred i t for flex time and peak hour adjustments. Kar th is ana lys is,
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these type credits were deleted, therefore the project was assessed at a higher
impact than before. It was felt the previous method over reduced the impact of
the project.
Donna Foster, representing the DCA, said she wanted to reserve the right
to appeal if necessary. The changes in the original notice of proposed change
submitted to the DCA were presumed to be substantial deviations: however, the
developer provided evidence to rebut the presumption. Last week the DCA was sent
the revised development order which included the elimination of the
transportat i on systems management plan and her agency has not had suff f c i ent t lme
to determine whether this change const itute5 a substantial deviation. In
response to a question, she indicated it takes approximately 30 days to review
a change.
Susan Cooper, TBRPC coordinator, stated their concerns basically focus on
transportation. She said since the development was approved in steps the
applicant is actually asking for an extension of up to eleven years for part of
this project which places it into a presumed to be a substantial deviation
category. TBRPC is looking for a traffic analysis to show what the difference
in the buildout of the years of the project means in terms of estimating the
impact of the project. She said there was no problem with eliminating the
transportation systems management plan and providing a revised analysis. The
sUbphasing of the project is based on trips and it was suggested the phasing
scenario be tied to square footage rather than trips. It is presumed to be a
substantial deviation and by doing this analysis the applicant is attempting to
rebut that presumption. She said the roadway network is now different due to
changes and they want to get the correct analysis.
A question was raised, if projecting this project so far into the future
would adversely affect a new project in this area, and the City Manager indicated
capacity has already been reserved. This capacity may be reduced but not
expanded and this change should not impact any other projects in the area as
traffic impacts have already been considered.
Concern was expressed if the project does not go through, there is a
traffic reserve on hold. It was indicated a number of ORIs in the region have
gone to phased approvals and with new ORIs each phase is analyzed separately.
Gordon Schiff, representing Metropolitan Life Insurance. owner of a portion
of the DR! property but not part of the request, expressed concerns that
Metropolitan Life have no new exposure to mitigation requirements generated by
th i s amendment or to the proport i onate share payment; they reta i n the deve lopment
rights that currently exist on this property including no transfer of those
development rights onto other portions of the DRI property and that the
development order be clear in that Metropolitan Life will retain its ability to
develop without any additional reviews or conditions than previously existed.
He said Mr. Johnson indicated language is to be included to address these
concerns; however, if such language does not occur, Met Life wants to reserve
their right to appeal. Mr. Schiff said he had not seen the latest development
order: however, he did not feel it would change their position. He requested the
amended order be rendered to Metropolitan if and when approved.
A question was raised as to whether any change in zoning is being
anticipated for the remaining piece of property that is not ~art of this request
and it was indicated not at this time. It is felt the requested extension would
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be beneficial because it would be known exactly what would be developed in the
area and give all owners the flexibility to move fo~:ard with their projects.
Mr. Johnson assured the current owner of the property has no intention of
adversely affecting Met Life and is confident all the issues of concern will be
reso lved. He encouraged the Cormtiss ion to pass the ordinance amending the
development order.
Concern was also expressed regarding future changes in zoning affecting the
traffic count and Mr. Johnson indicated, if a zoning change is to be made, a new
application would need to be filed and would also have to go through the ORI
process.
There was concern expressed regarding adverse impacts on public facilities
such as water, wastewater, drainage, solid waste, recreation, noise pollution,
air quality, etc. Mr. Po1atty said these issues have been addressed in the new
research/development/office ordinance and the ORI process contains safeguards.
Mr. Johnson said along with the transportation study a response to such issues
was submitted to the City and reviewed by staff. He said air quality is largely
a function of transportation and emissions from the facility are restricted by
the new zoning ordinance.
A question was raised regarding whether any disagreeable odors would be
emitted inta the atmosphere. John Pelk, Director of Operations of Storz
Ophthalmicts Incorporated, indicated they have had a similar facility located on
Ft. Harrison Avenue and Hamlet Avenue surrounded by residential areas since 1979.
He assured there were no disagreeable odors emitted and said they are regulated
by the Food and Drug Administration as well as other regulatory agencies for
compliance. Mr. Pelk said occupants of Park Place have viewed this site and he
has answered any questions they may have had. The design plans for the new site
will keep the wooded areas as they presently exist and recyclable materials will
be used when possible. He felt the site would be very attractive.
Discussion ensued in regard to the revised ordinance distributed today and
some concern was expressed by the Commission they have not had an opportunity to
review it thoroughly. The City Attorney said a motion to amend can be done at
second reading.
There was discussion regarding the proposal using trips as the controlling
factor in requesting an extension of time. It was felt the use of trips was too
flexible a foundation upon which to base the order. Mr. Johnson said that both
proposals use trips with the one distributed today using a lower number.
. The City Attorney said all changes will be incorporated into the second
reading ordinance.
Commissioner Regulski moved to approve the proposed modification of the
Development Order for Park Place and called for the reading of Ordinance #5142-
91. The motion was duly seconded and carried unanimously.
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The City Attorney rresented Ordinance 15142-91 for first reading and read
it by title only. Comm ssioner Nunamaker moved to pass Ordinance #5142-91 on
first reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naysll: None.
Contribution of j250.000 to the LonQ Center reoresentino the City.s fourth and
final installment towards the center's caoital construction fundinQ
During the later part of 1988, the Commission approved, subject to annual
appropriations, a one m,llion dollar contribution to the Center Foundation (Long
Center) for construction purposes. Of this amount, three payments of $250,000
each have been made, one on October 5, 1988, one on October II, 1989, and another
on October 5, 1990.
Mr. Fred Fisher, Chairman Emeritus of the Center Foundation's Board of
Trustees, requests the City to pay its fourth and final installment of $250,000.
As approved for last year's payment, funding for this request is available in the
Special Development Fund.
In response to a question, the City Manager stated the Special Development
Fund has a cash balance and money is appropriated out of that fund for special
projects. This contribution was not part of this year's budget process; however,
was part of Parks & Recreation's budget until last year.
Conmlissioner Regulski moved to approve the City's contribution of $250,000
to the ULong Centerll representing the City's fourth and fina 1 installment toward
the center's capital construction funding. The motion was duly seconded and
carried unanimously.
The purchase of the subject property is for use in the new Clearwater Pass
Bridge project and contains 26,379 square feet m.o. 1. A port ion of the property
will be used for the new bridge approach right-of-way. The remainder is to be
used for street alignment and parking replacement for land to be taken from the
adjoining leverock's property.
Two MAl appraisals were obtained with one coming in at $600,000 and the
other at $685,000. Lee Arnold and Associates reported the property was under
contract for sale for $700,000 in 1988. The contract did not close because bank
financing failed due to elevated contaminant levels in the soil, which were
revealed by an environmental audit. Staff concludes the current market value of
this property lies between $650,000 and $685,000. The seller has agreed to sell
the property for $700,000 with the City paying for title insurance, state
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documentary stamps on the deed, cost of appraisa1s and 1991 real property taxes.
The total cost of these additional items is estimated to be $21,951. A
Department of Transportation representative states should eminent domain
procedures be necessary, the cost could run as high as $50,000 to $150,000.
The property requires clean-up of petroleum contamination. Florida Statute
allows for reimbursement of responsible party costs for site rehabilitation
through funds from the Inland Protection Trust Fund. The seller has entered into
an agreement with Gurr & Associates, !nc. of Lake1and, Florida, to do the clean
up and receive the reimbursement of rehabilitation costs. Additionally, the
seller is entering into an agreement with the City to place $200,000 of the sale
price into an escrow account assuring that the clean up will be done properly.
Gurr & Associates have estimated the cost of the clean up to be between $170,000
to $200,000 and will take between two and three years to complete.
Publ ic Works Director Bill Baker explained what is being proposed reporting
the new bridge wi 11 be bui lt adjacent to the exi sting bridge and wi 11 be
configured into two lanes with wide emergency lanes, a sidewalk and bicycle
extension. The propos a 1 wi 11 affect the Leverock Seafood Restaurant and a vacant
parcel of land belonging to Mr. Standridge. He showed an aerial photograph of
the area extending from Sand Key across the existing bridge to Leverock's on
Clearwater Beach and pointed out the Standridge property. He said the existing
right-of-\~ay will be changed with Leverock's losing about 33 parking spaces and
access from Gulf Boulevard. He said the Standridge property is for sale and felt
it could be obtained for a fair price and used in negotiations with Leverock.
In response to a question, it was indicated the attorneys for Leverock have
been contacted.
A question was raised as to what is intended for that portion of the
Standridge property that wi 11 not be reconfigured for Leverock and it was
indicated it could be sold for development at a future date.
Discussion ensued in regard to the subject property being contaminated and
it was indicated Mr. Standridge accepts the responsibility of giving the City a
clean piece of property. He has already made arrangements with the stNte and
will be reimbursed for cleaning the property. A contract has been si gl~~d to have
the property cleaned. Recognizing that the state may not pay for clean-l!p costs,
$200,000 will be put in escrow for this purpose. Mr. Baker said service station
contaminations are fairly simple to clean-up and attaining a level of cleanliness
takes approximately 2-3 'years. He indicated the property can be used in the
meantime for purposes not in conflict with the cleaning process; however, the
contaminated soil must first be yemoved. It was indicated the Department of
Environmental Resources (OER) will oversee the cleansing exercise.
Concern was expressed in purchasing this property before receiving a
guarantee from Leverock that they would agree to the proposal. It was indicated
if they do not agree, the City would be forced to negotiate for the Leverock
property. .
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Discussion ensued in regard to paying more for the property than its
appra i sa 1 value especia lly if there is no assurance that Leverock will accept the
proposal. It was indicated paying the higher price might be worth it if the
purchase resulted in an expedient solution to the total problem.
Due to concerns regarding whether the proposed approach would work, this
item was pulled and will be brought back at a later date.
Djscussion of lawsuit - City vs. Stowell
This lawsuit involves a complaint filed by the City of Clearwater relating
to the right to access an easement for maintenance work.,
The City Attorney said he wished to keep the Commission informed of the
status of this lawsuit. He will be arranging to meet with the appropriate
parties to try and negotiate a settlement. He will report back to the Corranhsion
at the meeting of November 21st.
Ad.1ournment
The meeting adjourned at 11:30 a.m.
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