01/05/2010 - Special Meeting
COMMUNITY DEVELOPMENT BOARD SPECIAL MEETING MINUTES
CITY OF CLEARWATER
January 5, 2010
Present: Nicholas C. Fritsch Chair
Thomas Coates Vice Chair
Jordan Behar Board Member
Frank L. Dame Board Member
Doreen DiPolito Board Member
Richard Adelson Board Member
Brian A. Barker Board Member
Norma R. Carlough Alternate Board Member
Also Present: Pam Akin City Attorney
Gina Grimes Attorney for the Board
Michael L. Delk Planning Director
Robert Tefft Planning Manager
Patricia O. Sullivan Board Reporter
The Chair called the special meeting to order at 1:00 p.m. at City Hall, followed by the
Invocation and Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
C. CONSENT AGENDA: The following cases are not contested by the applicant, staff,
neighboring property owners, etc. and will be approved by a single vote at the beginning of the
meeting: (Item 1)
1. Level Three Application
Case: DVA2009-00004 – 311 S. Gulfview Boulevard (including 305, 309 and 315 S.
Gulfview Boulevard and 320 Coronado Drive) (Related to FLD2009-09032)
Owner/Applicant: L.O.M., Inc.
rd
Agent: Alex Azan, PE, Keith Zayac & Associates, Inc. (14001 63 Way North,
Clearwater, FL 33760; phone: 813-205-3615; email: alex@keithzayac.com).
Location: 0.99 acre located between S. Gulfview Boulevard and Coronado Drive,
approximately 200 feet south of Third Street.
Atlas Page: 276A.
Zoning: Tourist (T) District.
Request: Review of, and recommendation to the City Council, of a Development Agreement
between L.O.M. Inc. (the property owner) and the City of Clearwater as per Beach by Design
and Community Development Code Section 4-606.
Proposed Use: Retail Sales and Services of 34,183 square-feet of floor area, a Restaurant of
6,887 square-feet of floor area and a Parking Garage of 349 parking spaces (including 48
accessory parking spaces for the Retail Sales and Services and Restaurant uses and 301
public parking spaces) (0.94 Floor Area Ratio) at a height of 59.5 feet (to highest parking deck).
Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: Wayne M. Wells, AICP, Planner III.
Community Development Special 2010-01-05 1
See Exhibit: Staff Report DV A2009-00004 2010-01-05.
In response to questions, Planner III Wayne Wells said the project is scheduled to begin
on June 30, 2010, and should be completed within two years. The City Attorney said the
contract will permit 300 parking spaces, more or less. The City will comply with Beach by
Design should it ever take ownership of the parking garage.
Member Coates moved to recommend approval of Case DV A2009-00004 on today's
Consent Agenda based on evidence in the record, including the application and the Staff
Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff
Report. The motion was duly seconded and carried unanimously. Alternate Board Member
Carlough did not vote.
VleA-
D. ADJOURN
The meeting adjourned at 1 :09 p.m.
Community Development Special 2010-01-05
2
EXHIBIT: STAFF REPORT DVA2009-00004 2010-01-05
CDB Meeting Date: January 5, 2010
Case Number: DVA2009-00004 (Related to FLD2009-09032)
Agenda Item: C.1.
Owner/Applicant: L.O.M., Inc.
Representative: Alex Azan, PE, Keith Zayac & Associates, Inc.
Addresses: 311 S. Gulfview Boulevard (including 305, 309 and 315 S. Gulfview
Boulevard and 320 Coronado Drive)
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Review of, and recommendation to the City Council, of a
Development Agreement between L.O.M. Inc. (the property
owner) and the City of Clearwater as per Beach by Design and
Community Development Code Section 4-606.
CURRENT ZONING: Tourist (T) District
CURRENT FUTURE
LAND USE CATEGORY: Resort Facilities High (RFH)
BEACH BY DESIGN
CHARACTER
DISTRICT: Beach Walk
PROPERTY USE: Current: Retail Sales and Services of 7,128 square feet of floor
area and a Restaurant of 6,058 square feet of floor area
Proposed: Retail Sales and Services of 34,183 square feet of floor
area, a Restaurant of 6,887 square feet of floor area
and a Parking Garage of 349 parking spaces (including
48 accessory parking spaces for the Retail Sales and
Services and Restaurant uses and 301 public parking
spaces) (0.94 Floor Area Ratio) at a height of 59.5 feet
(to highest parking deck)
EXISTING North: Tourist (T) District
SURROUNDING Mixed Use (overnight accommodations and attached
ZONING AND USES: dwellings) and Parking Garage
South: Tourist (T) District
Overnight accommodations
East: Tourist (T) District
Overnight accommodations and Retail sales and
services
West: Open Space/Recreation (OS/R) District
Clearwater Beach
UPDATE
Community Development Board – January 5, 2010
DVA2009-00004 – Page 1 of 4
EXHIBIT: STAFF REPORT DVA2009-00004 2010-01-05
Due to non-posting of public hearing notification signs on the subject property, this application
was continued by the CDB at their December 15, 2009, meeting to a special meeting on January
5, 2010. The CDB at their December 15, 2009, meeting approved the companion Flexible
Development application FLD2009-09032 with 15 conditions.
ANALYSIS:
Site Location and Existing Conditions:
The 0.99 acres is located between S. Gulfview Boulevard and Coronado Drive approximately
200 feet south of Third Street. The main portion of the subject property (311 S. Gulfview
Boulevard [including 305, 309 and 315 S. Gulfview Boulevard]) is currently developed with a
retail sales use of 7,128 square feet of floor area (Surf Style) and a restaurant of 6,058 square feet
of floor area (Britt’s). The other portion of the subject property (320 Coronado Drive) is
developed with a detached dwelling.
Development Proposal:
The development proposal includes a companion Flexible Development application (FLD2009-
09032) to permit retail sales uses of 34,183 square feet of floor area, a restaurant of 6,887 square
feet of floor area and a parking garage of 349 parking spaces (including 48 accessory parking
spaces for the retail sales and restaurant uses and 301 public parking spaces).
Development Agreement:
The City has been desirous of constructing additional parking to meet the needs of visitors to the
beach. City Council looked at various proposals/sites and decided to negotiate with this
applicant for the construction of parking open to the public on the subject property. The
proposed parking garage with 301 parking spaces open to the public will be constructed by the
developer at their cost. Project financing will be secured by the Retail Unit and the Parking Unit
by the developer, with such financing contingent upon the City entering into a Put Agreement.
Under such Put Agreement, the project lender will have the option of five years from the date of
completion of the project to require the City to purchase the Parking Unit for $9.3 million if the
lender forecloses against the project should the developer default. The City must reserve the
$9.3 million during the term of the Put Agreement. The proposed Development Agreement will
be in effect for a period not to exceed five (5) years following the completion date of the project
and includes the following main provisions:
Provides for at least 301 parking spaces open to the public, with at least 250 of these spaces
?
available on an hourly basis;
Separates the project into a Retail Unit(s) (total of 38,249 square feet of retail/commercial
?
floor area on the ground floor consisting of approximately 31,421 square feet of retail space
[does not include the Beach Walk Thru Area], 6,828 square feet of restaurant space and 48
parking spaces on the second floor) and a Parking Unit (301 parking spaces);
Includes the formation of a three-unit condominium for the project (one unit for the retail
?
portion, the 48 associated parking spaces and the delivery area, one for the restaurant
portion and one for the Parking Unit);
Community Development Board – January 5, 2010
DVA2009-00004 – Page 2 of 4
EXHIBIT: STAFF REPORT DVA2009-00004 2010-01-05
Includes provisions for the approval by FEMA of a Flood Zone map change from a VE-
?
Zone to an AE-Zone to allow construction of the Retail Unit on the ground floor of the
building through the construction of a wave dissipating wall within the S. Gulfview
Boulevard right-of-way;
Requires the developer commence construction of the project on or before June 30, 2010;
?
Requires the City review (approval or denial) of the building permit within 30 days of
?
submission of the permit; and
Authorizes café seating within the S. Gulfview Boulevard right-of-way.
?
The Community Development Board (CDB) has been provided with the most recent
Development Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, to ensure the provision of adequate public
facilities for development, to encourage the efficient use of resources, and to reduce the
economic cost of development. The CDB is required to review the proposed Development
Agreement and make a recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meetings of October 1 and November 5, 2009, and deemed the development proposal to be
legally sufficient to move forward to the CDB, based upon the following:
Findings of Fact: The Planning and Development Department, having reviewed all evidence
submitted by the applicant and requirements of the Community Development Code, finds that
there is substantial competent evidence to support the following findings of fact:
1.That the 0.99 acres is located between S. Gulfview Boulevard and Coronado Drive
approximately 200 feet south of Third Street;
2.That the property is located within the Tourist (T) District and the Resort Facilities High
(RFH) Future Land Use Plan category;
3.That the development proposal is subject to the requirements of Beach by Design and the
Design Guidelines contained therein as the property is located within the Beach Walk
character district.
Conclusions of Law: The Planning and Development Department, having made the above
findings of fact, reaches the following conclusions of law:
1.That the Development Agreement implements and formalizes the requirements for the
construction of on-site and off-site improvements under the related site plan proposal
(FLD2009-09032);
2.That the Development Agreement complies with the standards and criteria of Section 4-606
of the Community Development Code;
3.That the Development Agreement is consistent with and furthers the Visions, Goals,
Objectives and Policies of the Comprehensive Plan; and
Community Development Board – January 5, 2010
DVA2009-00004 – Page 3 of 4
EXHIBIT: STAFF REPORT DVA2009-00004 2010-01-05
4.That the Development Agreement is consistent with the Visions, Goals, Objectives and
Policies of Beach by Design and the Beach Walk character district.
Based upon the above, the Planning and Development Department recommends the
APPROVAL
, and recommendation to the City Council, of a Development Agreement between
L.O.M. Inc. (the property owner) and the City of Clearwater as per Beach by Design and
Community Development Code Section 4-606, for the property at 311 S. Gulfview Boulevard
(including 305, 309 and 315 S. Gulfview Boulevard and 320 Coronado Drive).
Prepared by Planning and Development Department Staff:
__________________________________________
Wayne M. Wells, AICP, Planner III
ATTACHMENTS:
Development Agreement with Exhibits
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Location Map
?
Aerial Map
?
Future Land Use Map
?
Zoning Map
?
S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\DVA2009-00004 - Gulfview S 0311 (T) 2009.xx - 1.5.10 CDB +
1.14.10 CC - WW\Gulfview S 0311 DVA Staff Report for 1.5.10 CDB.doc
Community Development Board – January 5, 2010
DVA2009-00004 – Page 4 of 4
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Interdepartmental Correspondence Sheet
TO:
Community Development Board Members
FROM:
Robert Tefft, Development Review Manager
COPIES:
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT:
DATE:
Agenda Items for January 05,2010
December 29,2009
CDB packets being distributed on contain the following items:
Consent Agenda
Site investigation form
Level Three Applications (Item 1)
1. Case: F DV A2009-00004) - 311 S. Gulfview Boulevard (including 305, 309 and 315 S.
Gulfview Boulevard and 320 Coronado Drive) (Related to Case No. FLD2009-09032)
No /X
Yes
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Signature:
Date:
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PRINT NAME
S:IPlanning DepartmentlC D BlAgendas DRC & CDBICDBI2010101 January 05,2010 Special meetingll Cover MMOOI.05.2010.doc
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Interdepartmental Correspondence Sheet
TO:
Community Development Board Members
FROM:
Robert Tefft, Development Review Manager
COPIES:
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT:
DATE:
Agenda Items for January 05,2010
December 29,2009
CDB packets being distributed on contain the following items:
Consent Agenda
Site investigation form
Level Three Applications (Item 1)
1. Case: F DV A2009-00004) - 311 S. Gulfview Boulevard (including 305, 309 and 315 S.
Gulfview Boulevard and 320 Coronado Drive) (Related to Case No. FLD2009-09032)
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Yes
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No
Signature: ./
Date: o/.__ D 4 -)~
S:IPlanning DepartmentlC D BlAgendas DRC & CDBICDBI2010101 January 05,2010 Special meetingl1 Cover MMOOI.05.2010.doc
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Interdepartmental Correspondence Sheet
TO:
Community Development Board Members
FROM:
Robert Tefft, Development Review Manager
COPIES:
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; /Pat Sullivan, Board Reporter
SUBJECT:
DATE:
Agenda Items for January 05, 2010
December 29,2009
CDB packets being distributed on contain the following items:
Consent Agenda
Site investigation form
Level Three Applications (Item 1)
1. Case: F DV A2009-00004) - 311 S. Gulfview Boulevard (including 305, 309 and 315 S.
Gulfview Boulevard and 320 Coronado Dpe) (Related to Case No. FLD2009-09032)
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