10/16/2013 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
October ,
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay
E. Polglaze
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records
and Legislative Services Coordinator
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Pastor Bill Lasasso from Pathways Community Church
3. Pledge of Allegiance — Councilmember Doreen Hock- iPolito
4. Presentations
4.1 Service Awards
One service award was presented to a city employee. The October 2013 Employee of
the Month Award was presented to Adam Jacques, Clearwater Police Department.
4.2 Dolphin Tale 2 Presentation
Bob Engelman, Executive Producer, thanked the City for their continued support.
Production for the sequel is underway.
Mayor George N. Cretekos presented Mr. Engelman with a Key to the City.
4.3 National Arts and Humanities Month Proclamation, October 2013 - Roberta Klar,
President, Clearwater Arts Alliance
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4.4 Friends of Libraries Week Proclamation, October 20-26, 2013 - Rosalie Murray,
President of Friends of the Library
4.5 2013 City United Way Proclamation, October 16 through November 15, 2013 -
City Campaign Coordinator, Marty Moran
5. Approval of Minutes
5.1 Approve the minutes of the October 3, 2013 City Council Meeting as submitted
in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the October 3, 2013 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda — None.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the Future Land Use Map Amendment from Residential Urban (RU),
Preservation (P) and Water/Drainage Feature (Water) (Pinellas County) to
Residential Medium (RM), Preservation (P) and Water/Drainage Feature
(Water), for property located at 2200 and 2251 Montclair Road (consisting of a
portion of the Southwest of the Northwest of Section 6, Township 29 South,
Range 16 East) together with the abutting rights-of-way, less North Belcher
Road, and right-of-way to the west of the Montclair Road right-of-way: and pass
Ordinance 8410-13 on second reading.(LUP2013-04002)
This future land use map amendment involves two parcels comprising
approximately 23.75 acres in area located on the west side of North Belcher Road
between Sunset Point Road and Montclair Road. This property was annexed into
the city on August 14, 2013 (ANX2013-04007), along with the abutting Sunset
Point Road and Montclair Road rights-of-way, as well as additional Montclair
Road right-of-way to the west of the property. The western parcel (11.23 acres),
addressed as 2200 Montclair Road, is owned by David B. and Sharon Webb and
contains a single family home and one building associated with the wholesale
plant nursery. The eastern parcel (12.52 acres), addressed as 2251 Montclair
Road, is owned by Webb's Nursery, Inc., and is currently used as a wholesale
plant nursery with two buildings and planting areas. Both parcels contain
preservation land and portions of Beckett Lake, totaling approximately 7.9 acres.
This future land use plan amendment and the companion rezoning (REZ2013-
04002) was passed on first reading by City Council on July 18, 2013. Ordinance
Council 2013-10-16 2
8410-13 was amended on first reading to remove the Belcher Road right-of-way
(less North Belcher Road) because after the public hearing notice ran in the
newspaper it was determined the property could not be annexed into the city. In
order to ensure that the ordinance is clear regarding which rights-of-way are being
annexed, a motion to amend is proposed to include a more accurate legal
description of the right-of-way. Additionally, staff is requesting that Council
approve a revised Exhibit B (Future Land Use Map) which reflects the boundaries
of the land to be designated Preservation (P) based on the approved jurisdictional
wetland survey provided for the eastern parcel (part of the proposed motion to
amend on second reading).
In accordance with the Countywide Plan Rules, as well as Chapter 163, Florida
Statutes, the amendment was transmitted to both the Pinellas Planning Council
and the Board of County Commissioners acting as the Countywide Planning
Authority, as well as the Florida Department of Economic Opportunity for review
and approval. The Pinellas Planning Council recommended approval of the
amendment at their hearing on September 11, 2013, and the amendment will be
considered by the Board of County Commissioners acting as the Countywide
Planning Authority (CPA) at its public hearing on October 8, 2013. The Planning
and Development Department will report the CPA's final determination at the
October 14, 2013 City Council work session. The Florida Department of Economic
Opportunity identified no comment related to important state resources and
facilities; similarly, the Department of Environmental Protection, the Southwest
Florida Water Management District, and the Tampa Bay Regional Planning
Council raised no objections.
The Planning and Development Department has determined that the proposed
future land use map amendment is consistent with the Community Development
Code as specified below:
• The proposed amendments are consistent with the Comprehensive Plan,
the Countywide Plan Rules, and the Community Development Code.
• The proposed amendments are compatible with the surrounding property
and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendments will not have an adverse impact on the natural
environment.
• The proposed amendments will not have an adverse impact on the use of
property in the immediate area.
• The available uses in the Residential Urban (RU) District are compatible
with the surrounding area.
The Community Development Board reviewed the land use plan amendment at its
public hearing on June 18, 2013 and unanimously recommended approval.
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Councilmember Doreen Hock-DiPolito moved to approve the Future Land Use Map
Amendment from Residential Urban (RU), Preservation (P) and Water/Drainage
Feature (Water) (Pinellas County) to Residential Medium (RM), Preservation (P) and
Water/Drainage Feature (Water), for property located at 2200 and 2251 Montclair Road
(consisting of a portion of the Southwest of the Northwest of Section 6, Township 29
South, Range 16 East) together with the abutting rights-of-way, less North Belcher
Road, and right-of-way to the west of the Montclair Road right-of-way. The motion was
duly seconded and carried unanimously.
Ordinance 8410-13 was presented and read by title only.
Councilmember Jay Polglaze moved to amend line 7 of the title to read,"...TOGETHER
WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584, LYING IN THE
EAST '/2 OF THE NE '/4 OF SECTION 01, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
TOGETHER WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584,
AND SUNSET POINT ROAD, C.R. 576, LYING IN THE NW '/4 OF SECTION 06,
TOWNSHIP 29 SOUTH, RANGE 16 EAST TONER WITH THE B ITTIN-
RIGHTS OF WAY, LESS NORTH BELCHER ROAD, AND RIGHT OF WAY TO THE
WEST OF THE MONTCLAIR anon RIGHT OF WAY..." The motion was duly
seconded and carried unanimously.
Vice Mayor Paul Gibson moved to amend Exhibit B of the Ordinance to exclude the
right-of-way of Belcher Road and to represent the correct Preservation (P) boundary on
the property affected by this ordinance. The motion was duly seconded and carried
unanimously.
Councilmember Bill Jonson moved to pass Ordinance 8410-13 on second reading, as
amended. The motion was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays None
7.2 Approve a Development Agreement between Enchantment, LLC and the City of
Clearwater, providing for the allocation of 92 overnight accommodation units
from the Hotel Density Reserve under Beach by Design; adopt Resolution 13-27,
and authorize the appropriate officials to execute same. (HDA2013-08001)
Council 2013-10-16 4
The 1.377-acre subject property is located at the southwest corner of Parkway
Drive and South Gulfview Boulevard, which is within the Clearwater Pass District
of Beach by Design. The property has two zoning designations, which are Tourist
(T) District and Open Space/Recreation (OS/R) District. The land area zoned T
District is 1.347 acres (58,671 square feet) and the land area zoned OS/R District
is 0.03 acres (1,317 square feet). The site is currently developed with a six-story,
110-room hotel known as the Wyndham Garden of Clearwater Beach. The
existing building is located toward the rear of the site, oriented east/west and with
parking on the north and west sides of the building.
On September 20, 2005, the Community Development Board (CDB) approved
FLD2005-06057/TDR2005-07023 for the Termination of Status of Nonconformity
for density to retain the existing 110 overnight accommodation units where the
base density allows 67 units. The owners propose to utilize the existing 110-
rooms obtained through the Termination of Status of Nonconformity for density
while requesting an additional 92 hotel rooms from the Hotel Density Reserve
through Beach by Design.
The current proposal is to demolish the existing building and redevelop the site
with a 202-unit overnight accommodation use (150 rooms per acre for the land
zoned T District, including the allocation of 92 rooms from the Hotel Density
Reserve). The building will be 150 feet (from Base Flood Elevation) to flat roof (14
stories) with the parking located within the first six levels. The proposed
architectural style is contemporary coastal architecture, which is consistent with
and complements the tropical vernacular envisioned in Beach by Design.
Consistency with the Community Development Code:
Minimum Lot Area/Width: The subject property has a lot area of 59,988 square
feet (1.377 acres; 1.347 acres zoned T District and 0.03 acres zoned OS/R
District). The lot width of the subject property is 240.64 feet. These are consistent
with the applicable sections of the Community Development Code.
Minimum Setbacks: The conceptual site plan depicts a front (north) setback of 15
feet, a side (west) setback of 15.2 feet, a side (east) setback of 15 feet (east), and
a rear (south) setback of 20 feet. The proposed setbacks may be approved as
part of a Level Two (FLD) application, subject to meeting the applicable flexibility
criteria of the Community Development Code.
Maximum Height: Pursuant to the Clearwater Pass District Character District
standards of Beach by Design and that the owners are requesting 92 hotel rooms
from the Hotel Density Reserve, the maximum height of the hotel can be up to
150 feet provided that there is no more than four buildings above 100 feet in
height within 800 feet of the proposed building. The applicant has demonstrated
Council 2013-10-16 5
that there are only three buildings 800 feet westward of the building's east facade
that exceed 100 feet in height and that there are no buildings to the east of the
building that exceed 100 feet in height. The buildings to the west of the subject
building (proposed 150 feet in height from BFE) include the Continental Tower
(105 feet in height from BFE) and the proposed Hampton Inn Building (134 feet in
height from BFE). The height of the proposed building is consistent with the
guidelines of Beach by Design.
Minimum Off-Street Parking: The 202-room overnight accommodation use
requires a minimum of 242 off-street parking spaces. There will be 244 parking
spaces provided within the parking garage located on the first six levels of the
building.
This is consistent with the applicable sections of the Community Development
Code.
Landscaping: While a formal landscape plan is not required to be submitted for
review at this time, the conceptual landscape areas depicted on the site plan
show that a 15 foot wide perimeter landscape area will be provided along the
north property line; a 15.10 foot wide perimeter landscape area will be provided
along the west property line; a 15 foot wide perimeter landscape area will be
provided along the east property line; and that a 20 foot wide perimeter landscape
area will be provided along the south property line. The proposal should meet the
required five-foot wide foundation landscape requirement. Since no perimeter
landscape buffers are required in the T District, the proposed landscape areas
exceed what is required. It is noted, however, that flexibility may be
requested/necessary as part of a Comprehensive Landscape Program which
would be reviewed at time of formal site plan approval.
Consistency with Beach by Design:
Design Guidelines: A review of the provided architectural elevations and massing
study was conducted and the proposed building does appear to be generally
consistent with the applicable Design Guidelines established in Beach by Design.
It is noted, however, that a more formal review of these guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve: The project has been reviewed for compliance with those
criteria established within Beach by Design concerning the allocation of hotel
rooms from the Reserve. The project appears to be generally consistent with
those criteria, including that the development comply with the Metropolitan
Planning Organization's (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
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Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the criteria
for the allocation of rooms from the Hotel Density Reserve under Beach by Design
and includes the following main provisions:
• Provides for the allocation of 92 units from the Hotel Density Reserve;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• No full kitchens. No unit shall have a complete kitchen facility as that term
is used in the definition of dwelling unit in the Community Development
Code;
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center;
• That no unit in the project shall be used as a primary or permanent
residence. At least 150 units (75 percent) shall be required to be submitted
to a rental program or reservation system requiring those hotel units to be
available to overnight hotel guests on a transient basis at all times.
Developer will use reasonable efforts to encourage owners of ownership
units to voluntarily submit their unit to a rental program or reservation
system requiring it to be available to overnight hotel guests on a transient
basis when the unit is not occupied by the owner; and
• Provides language that will allow 52 units (25 percent) to be used as
ownership units.
Staff recommends that prior to a decision on the agreement that clarity be
provided as to what percentage of units may be used for ownership units. Staff
recommends that Council clarify if one of the following proposed criteria be used:
• That a percentage of the 67-units permitted by the base density (50 units
per acre) may be used as ownership units; or
Council 2013-10-16 7
• That a percentage of the 67-units permitted by the base density (50 units
per acre) and the 43-units accorded through the Termination of Status of
Nonconformity for density may be used as ownership units; or
• That a percentage of the total number of proposed units (202), the 67-units
permitted by the base density (50 units per acre) plus the 43-units
accorded through the Termination of Status of Nonconformity for density
plus the 92 units obtained from the Hotel Density Reserve, may be used as
ownership units.
Furthermore, at the direction of the City Council, that language be added to the
development agreement that limits amplified music. The Developer agrees that
there shall be no outdoor amplified music at the Project after 11:00 p.m. on
Sunday through Thursday, or after 12:00 midnight on Friday and Saturday.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
requirements of Section 4-206 are followed. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to the Development
Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment
to this Development Agreement.
In response to questions, the City Attorney said a modification has been applied to the
development agreement regarding the reservation system applying to all units.
Applicant representative Ed Hooper reviewed the request. The tower separation criteria
would not stop the neighboring property to develop three towers at 150 feet. The
proposed architectural style is contemporary coastal architecture, which is consistent
with and compliments the tropical vernacular envisioned in Beach by Design. Staff is
recommending approval.
In response to a question, Mr. Hooper said the project proposes a 15 ft. setback from
the property line on the east.
Three individuals spoke in support and four individuals spoke in opposition.
Mr. Hooper said the proposed project is a limited service hotel, with no retail presence.
The agreement restricts the amount of accessory use space allowed.
Councilmember Jay Polglaze moved to approve a Development Agreement between
Enchantment, LLC and the City of Clearwater, providing for the allocation of 92
Council 2013-10-16 8
overnight accommodation units from the Hotel Density Reserve under Beach by Design.
The motion was duly seconded.
In response to questions, the City Attorney said the Community Development Board will
review the quality of the design. Planning and Development Assistant Director Gina
Clayton said Beach by Design requires modulation, of certain depth and width, for every
100 ft. of uninterrupted wall area. Staff has reviewed the conceptual plans and the
massing study that were submitted as part of the application. The massing study
includes some massing views. The City Attorney said the Bay Esplanade agreement
included language allowing fractional units.
Discussion ensued with concerns expressed regarding hotel density units used as
ownership units.
The City Attorney said the proposal is for overnight accommodations that can only have
up to one-month occupancy. Ownership units cannot be required to be part of the hotel
pool. Staff is recommending Council to address the policy issue related to transient
occupancy by the public by requiring a number of the units to be available for transient
occupancy by the public. The proposal before Council states 75% of all units shall be
available in that fashion.
The Council recessed from 8:04 p.m. to 8:10 p.m.
In response to a question, Ms. Clayton said the proposal provides for limited mid price
hotel units and greater side yard and rear setbacks than is required by city code.
Staff was directed to amend Beach by Design to require that a certain percentage of the
hotel units be available for rental to the public for overnight accommodations.
Upon the vote being taken, Mayor George Cretekos and Councilmembers Doreen
Hock-DiPolito, Bill Jonson, and Jay Polglaze voted "Aye"; Vice Mayor Paul Gibson
voted "Nay".
Motion carried.
Resolution 13-27 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Resolution 13-27. The motion was duly seconded and upon roll call,
the vote was:
'Ayes Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Jay E. Polglaze
"Nays Vice Mayor Paul Gibson
Motion carried.
Council 2013-10-16 9
7.3 Provide direction on the proposed Development Agreement between
Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater,
providing for the allocation of 100 units from the Hotel Density Reserve under
Beach by Design and confirm a second public hearing in City Council Chambers
before City Council on November T2013 at 6:00 p.m., or as soon thereafter as
may be heard. (HDA2013-08004)
Site Location and Existing Conditions:
The 1.60-acre site (including a 35 foot by 240-foot portion of the South Gulfview
Boulevard right-of-way) is bound by South Gulfview Boulevard (west), Coronado
Drive (east) at the intersection of Coronado Drive and Brightwater Drive. The
subject property is comprised of two parcels with a frontage of approximately 244
feet along South Gulfview Boulevard and 355 feet of frontage along Coronado
Drive. The larger of the two parcels sites is occupied by the Beachview Inn, a 64-
unit overnight accommodation use built in 1982 (according to Pinellas County
Property Appraiser records). The second parcel is occupied by an attached
dwelling unit with five units built in 1954 (also according to Pinellas County
Property Appraiser records). The subject property is zoned Tourist (T) District with
an underlying Future Land Use Plan (FLUP) category of Resort Facilities High
(RFH). The subject property is also located within the Beach Walk district of
Beach by Design.
Access to the portion of the site occupied by the attached dwelling unit is provided
by a narrow driveway along Coronado Drive. The larger parcel is accessed via
pair of two-way driveways along Coronado Drive. Parking is provided along the
east side of the site. The hotel building is located along the west side of the site.
The attached dwelling building is centrally located on its parcel. A pool area is
located at the southwest corner of the larger parcel. The site enjoys direct access
to Beach Walk.
The immediate area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses with heights ranging from one to 15 stories. The City's
Beach Walk project has been constructed transforming South Gulfview Boulevard
to the west of this site into a winding beachside promenade with lush landscaping,
artistic touches and clear views to Clearwater's award-winning beach and the
water beyond.
Development Proposal: The owners propose to utilize the otherwise permitted
density of 50 units per acre or 80 units and incorporate an additional 100 units
from the Hotel Density Reserve through Beach by Design resulting in a total of
180 units (113 units per acre).
Council 2013-10-16 10
The current proposal is to demolish all structures on the site and redevelop the
site with a 180-unit overnight accommodation use (113 rooms per acre, including
the allocation of 100 rooms from the Hotel Density Reserve). The building will be
146 feet (from Base Flood Elevation) to flat roof with parking on the first three
levels. The proposal includes a tropical modern architecture, which is consistent
with and complements the tropical vernacular envisioned in Beach by Design.
Consistency with the Community Development Code:
Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum
required lot area and width for an Overnight Accommodation use is 20,000 square
feet and between 100 and 150 feet, respectively. The subject property is 69,969
square feet in area and approximately 244 feet wide. The site is consistent with
these Code provisions.
Minimum Setbacks: The conceptual site plan depicts setbacks of zero feet to
building along the front (east and west) along Coronado Drive and South Gulfview
Boulevard, respectively and sides (west, south and north). The proposed setbacks
may be approved as part of a Level Two (FLD) application, subject to meeting the
applicable flexibility criteria of the Community Development Code.
Maximum Height: Section B of the Design Guidelines within Beach by Design
specifically addresses height. The proposal provides for a building 146 feet in
height as measured from BFE where a height of up to 150 feet is permitted as
prescribed by the CDC, where additional density is allocated to the development
either by TDRs, via the Destination Resort Density Pool pursuant to the CRD
designation, or via the Hotel Density Reserve where the subject property is
located between South Gulfview Boulevard and the Gulf of Mexico or on the west
side of Coronado Drive. Density is proposed to be augmented through the use a
100 units from the Hotel Density Reserve and the subject property is located on
the west side of Coronado Drive.
This section also requires that portions of any structures that exceed 100 feet be
spaced at least 100 feet apart. The applicant has shown that no portion of the
building which exceeds 100 feet is closer than 100 from any other portion of any
other building which exceeds 100 feet. This section also includes overall
separation requirements for structures over 100 feet in height as two options: (1)
no more than two structures, which exceed 100 feet within 500 feet; or (2) no
more than four structures, which exceed 100 feet within 800 feet.
The proposal provides for a building that exceeds 100 feet in height. The applicant
has demonstrated that there are no more than two structures, which exceed 100
feet within 500 feet thereby fulfilling the requirements of Option 1, above. In
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addition, the applicant has demonstrated that there are no more than four
structures, which exceed 100 feet within 800 feet thereby fulfilling the
requirements of Option 2, above.
The height of the proposed building is consistent with the guidelines of Beach by
Design.
Minimum Off-Street Parking: The 180-room overnight accommodation use
requires a minimum of 216 off-street parking spaces. The 216 parking spaces will
be provided within a parking garage located on the first three levels of the
building.
This is consistent with the applicable Sections of the Community Development
Code.
Landscaping: While a formal landscape plan is not required to be submitted for
review at this time, the conceptual landscape areas depicted on the site plan
show that foundation landscaping will be provided along the east and west sides
of the building. In addition, landscape buffers will be provided along portions of the
north and west sides of the site. Since no perimeter landscape buffers are
required in the Tourist (T) District, the proposed landscape areas meet or exceed
what is required. It is noted, however, that flexibility may be requested/necessary
as part of a Comprehensive Landscape Program which would be reviewed at time
of formal site plan approval.
Consistency with Beach by Design:
Design Guidelines: A review of the provided architectural elevations and massing
study was conducted and the proposed building does appear to be generally
consistent with the applicable Design Guidelines established in Beach by Design.
It is noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve: The project has been reviewed for compliance with those
criteria established within Beach by Design concerning the allocation of hotel
rooms from the Reserve. The project appears to be generally consistent with
those criteria, including that the development comply with the Metropolitan
Planning Organization's (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements: The proposal is in compliance with the
standards for development agreements, is consistent with the Comprehensive
Council 2013-10-16 12
Plan and furthers the vision of beach redevelopment set forth in Beach by Design.
The proposed Development Agreement will be in effect for a period not to exceed
ten years, meets the criteria for the allocation of rooms from the Hotel Density
Reserve under Beach by Design and includes the following main provisions:
• Provides for the allocation of 100 units from the Hotel Density Reserve;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.1, CDC, a Development Agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
requirements of Section 4-206 are followed. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to this Development
Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment
to this Development Agreement.
Planner Mark Parry said since the work session, the Applicant has agreed to amend the
agreement as follows: removed all references to fractional units, add language stating
no unit shall be used as a primary residence, add language prohibiting full kitchens, and
add restrictions to amplified music.
In response to questions, Assistant City Attorney Leslie Dougall-Sides said the
agreement includes language requiring all units to be submitted into the rental program
and available for overnight guests on a transient basis at all times. Mr. Parry said no
unit shall be allowed to be used a primary residence.
Applicant representative Don Mastry reviewed the request. The agreement prohibits
the conversion of any of the hotel rooms allocated from the density reserve to be
converted for residential use. All hotel rooms not constructed will be returned to the
density pool. Thirty-two percent of the permitted building envelope will be utilized.
Council 2013-10-16 13
In response to a question, Mr. Mastry said the units would be available to the public for
overnight accommodations.
The City Attorney suggested adding language to the agreement that all units will be
available to the public for overnight accommodations since it is not included.
Mr. Mastry expressed a concern regarding the allowance of fractional units to a
previously presented application as his client is being asked to add language to the
contrary.
Assistant City Attorney Leslie Dougall-Sides said the applicant could resubmit a
different project if there is an interest in fractional ownership.
In response to questions, Planning and Development Assistant Director Gina Clayton
said city philosophy has been that the area be constructed in a way that is pedestrian
oriented and activates the space along Beachwalk. Mr. Mastry said the ground floor
proposes to have retail and is pedestrian friendly.
DLW Architects representative Oscar Benavides said a zero setback is being requested
due to the proximity of the parking garage, and provided a video presentation of the
conceptual plan and massing views. The zero setback places the building closer to the
Coronado side, connecting the project to the Beachwalk area.
Ms. Clayton said the applicant has been advised that access to the site be from
Coronado Drive. Engineering Director Mike Quillen said city policy states properties
that have access to S. Gulfview and Coronado are required to access the property via
Coronado Drive. The promenade on S. Gulfview is pedestrian friendly and reason why
vehicular access is not allowed. Ms. Clayton said staff has determined access
corrections would be considered a minor amendment; the applicant has not submitted
the correction yet.
Discussion ensued with concerns expressed regarding zero setbacks. It was suggested
that Council consider amending setback allowances provided in Beach by Design.
Ms. Clayton said Beach by Design states no side or rear setbacks are recommended,
except as may be required to comply with the City's fire code.
The City Attorney said the conceptual documents provided in the application are not
inconsistent with Beach by Design; the site plan will be reviewed by the Community
Development Board.
One individual expressed concerns with vehicles accessing Gulfview Boulevard.
Council 2013-10-16 14
7.4 Provide direction on the proposed Development Agreement between Ted and
Maria Lenart, Trustees of Lenart Family Trust UTD December 20, 1991 (the
Property owner) and the City of Clearwater, providing for the allocation of up to
69 units from the Hotel Density Reserve under Beach by Design or a maximum
density of 150 units per acre, whichever is less and confirm a second public
hearing in City Council Chambers before City Council on November 7, 2013 at
6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08007)
Site Location and Existing Conditions:
The 0.69-acre site is located along the south side of South Gulfview Boulevard
approximately 725 feet west of Parkway Drive and 300 feet east of the South
Gulfview Boulevard and Bayway Boulevard intersection. The subject property is
comprised of one parcel with a frontage of approximately 126 feet along South
Gulfview Boulevard and 127 feet of frontage along the water. The site is occupied
by the Gulfview Hotel, a 64-unit overnight accommodation use built in 1972
(according to Pinellas County Property Appraiser records). The subject property is
zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP)
category of Resort Facilities High (RFH). The subject property is also located
within the South Beach/Clearwater Pass District of Beach by Design.
Access to the site is provided by a pair of one-way driveways with ingress
provided at the west side of the site and egress at the east side. Parking is
provided along the north and west sides of the site. The building is located in the
southeast quadrant of the site. A pool area is located along the southeast corner
of the building. The site enjoys direct access to the beach and the Gulf of Mexico
although it is important to note that the beach area is adjacent to but is not part of
the subject site.
The immediate area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses with heights ranging from one to 15 stories. The properties
directly east and west of this property are developed with overnight
accommodation uses. The City's Beach Walk project has been constructed
transforming South Gulfview Boulevard to the north of this site into a winding
beachside promenade with lush landscaping, artistic touches and clear views to
Clearwater's award-winning beach and the water beyond.
Development Proposal:
The owners propose to utilize the existing 34 to 64-rooms (34 of which are
requested to be considered as conforming through a Termination of Status of
Nonconformity for density reviewed by the Community Development Board on
October 15, 2013) while requesting up to an additional 69 hotel rooms from the
Council 2013-10-16 15
Hotel Density Reserve through Beach by Design resulting in a total of 103 units
(150 units per acre).
Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the
maximum density for properties with a designation of Resort Facilities High is 50
overnight accommodation units per acre. Based on the 0.69-acre site, a maximum
of 34 overnight accommodation units would normally be permissible under current
regulations. Therefore, the site is/was overdense by 30 units. The aforementioned
Termination of Status of Nonconformity application included a request to permit
the current density of 64 units to remain and be considered as conforming. It must
be reiterated that the review by the Community Development Board (CDB) was
scheduled for, and presumably occurred on, October 15, 2013 (the day prior to
this, the first City Council review of this request) therefore, as of the writing of this
analysis it is unknown if the request to Terminate the Status of Nonconformity with
regard to density was approved. Therefore, the request is for up to 69 units or a
maximum of 150 units per acre, whichever is less.
The current proposal is to demolish the existing building and redevelop the site
with a 103-unit overnight accommodation use (150 rooms per acre, including the
allocation of 39 rooms from the Hotel Density Reserve). The building will be 97
feet (from Base Flood Elevation) to flat roof (10 stories) with an additional 16 feet
for mechanical equipment and architectural details with the parking on the first six
levels. The proposal includes a tropical modern architecture, which is consistent
with and complements the tropical vernacular envisioned in Beach by Design.
Consistency with the Community Development Code:
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an
Overnight Accommodation use is 20,000 square feet and between 100 and 150
feet, respectively. The subject property is 29,888 square feet in area and 126 feet
wide. The site is consistent with these Code provisions.
Minimum Setbacks
The conceptual site plan depicts a side (west) setback of 10 feet to building and
covered patio, side (east) setbacks of 13 and 10 feet to building and patio,
respectively, a front (north) setback of 10 feet to building and a rear (south)
setback of 51 feet to building, five feet to patio and 12 feet to pool. The proposed
setbacks may be approved as part of a Level Two Flexible Development
application, subject to meeting the applicable flexibility criteria of the Community
Development Code (CDC).
Council 2013-10-16 16
Maximum Height:
Pursuant to the Clearwater Pass District Character District standards of Beach by
Design and that the owners are requesting 39 hotel rooms from the Hotel Density
Reserve, the maximum height of the hotel can be up to 150 feet provided that
there is no more than four buildings above 100 feet in height within 800 feet of the
proposed building. The applicant has proposed a building 97 feet (from Base
Flood Elevation) to flat roof (10 stories) with an additional 16 feet for mechanical
equipment and architectural details. Buildings less than 100 feet in height may be
located without limitation although any height above 50 feet must be requested
through a Level Two Flexible Development application, subject to meeting the
applicable flexibility criteria of the CDC. The height of the proposed building is
generally consistent with the guidelines of Beach by Design.
Minimum Off-Street Parking:
The 103-room overnight accommodation use requires a minimum of 124 off-street
parking spaces. The conceptual site plan includes 126 parking spaces will be
provided within a parking garage located on the first six levels of the building. The
number of parking spaces is consistent with the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
foundation landscaping between three and 12 feet in width will be provided along
the north side of the building. In addition, 10-foot wide landscape buffers will be
provided along the east and west sides of the site. Since no perimeter landscape
buffers are required in the Tourist (T) District, the proposed landscape areas
exceed what is required. It is noted, however, that flexibility may be
requested/necessary as part of a Comprehensive Landscape Program which
would be reviewed at time of formal site plan approval.
Consistency with Beach by Design:
Design Guidelines: A review of the provided architectural elevations and massing
study was conducted and the proposed building does appear to be generally
consistent with the applicable Design Guidelines established in Beach by
Design. It is noted, however, that a more formal review of these Guidelines will
need to be conducted as part of the final site plan approval process.
Hotel Density Reserve: The project has been reviewed for compliance with those
criteria established within Beach by Design concerning the allocation of hotel
rooms from the Reserve. The project appears to be generally consistent with
Council 2013-10-16 17
those criteria, including that the development comply with the Metropolitan
Planning Organization's (MPO) Countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the criteria
for the allocation of rooms from the Hotel Density Reserve under Beach by Design
and includes the following main provisions:
• Provides for the allocation of up to 69 units from the Hotel Density Reserve
or a maximum density of 150 units per acre, whichever is less;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with (CDC) Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
requirements of Section 4-206 are followed. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to the Development
Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an amendment
to this Development Agreement.
Council 2013-10-16 18
Planner Mark Parry said the application for Termination of Status of Nonconformity of
thirty overnight accommodation units was reviewed and approved by the Community
Development Board.
Applicant representative Katie Cole reviewed the request. The applicant is willing to
include changes suggested by staff. The applicant wishes to protect existing rights and
secure density and entitlements for a mid-sized and mid-priced hotel.
One individual spoke in support.
It was requested that the applicant provide copies of the drawings presented during the
council one-on-ones.
In response to a question, Ms. Cole said including Shephard's and the proposed
Hampton Inn in the Massing Study was cost and time prohibitive.
7.5 Amend the Community Development Code, Division 24, Public Art and Design
Program Sections 3-2401: Public Art and Design Program; 3-2405: Public Art
and Design Allocations for Private Construction Projects and Developments; and
3-2406: Ownership and Maintenance, and pass Ordinance 8481-13 on first
reading. (TA2013-08007)
An amendment to the Community Development Code that will transition, from
mandatory to voluntary, participation in the Public Art Program for private
development projects that equal or exceed an Aggregate Job Value of$5 million
dollars ($5,000,000).
There is a history of private development projects voluntarily investing in public
artwork that predates the City Council's adoption of the Public Art and Design
Program. Staff is comfortable that voluntary participation in public art will
continue. Therefore, staff is recommending that the Community Development
Code be amended to make the private developer participation in the Public Art
Program voluntary. Development projects that wish to forgo the installation of
public artwork, yet still wish to contribute to the City's cultural capital, will be
encouraged to donate to the City's Public Art Fund, which is used to enhance
existing City Capital Improvement Project (CIP) allocations for public artwork and
to support Special Initiative projects that are not funded through CIP allocations.
The City's appropriation of CIP funds for public art will continue with no
amendments or modifications. The City will continue to assist developers with the
identification and commission of public artists for public art installations.
Council 2013-10-16 19
The Community Development Board unanimously approved the proposed
amendments to the Community Development Code at its September 17, 2013
meeting.
Public Art and Design Program Guidelines will be amended by the Public Art and
Design Board at its December 11, 2013 board meeting.
Councilmember Jay Polglaze moved to amend the Community Development Code,
Division 24, Public Art and Design Program Sections 3-2401: Public Art and Design
Program; 3-2405: Public Art and Design Allocations for Private Construction Projects
and Developments; and 3-2406: Ownership and Maintenance. The motion was duly
seconded and carried unanimously.
Ordinance 8481-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8481-13 on first reading. The motion was duly
seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays None
8. Quasi-judicial Public Hearings
8.1 Approve the Zoning Atlas Amendment from RPD-7.5, Residential Planned
Development (7.5 UPA Max Density) category (Pinellas County) to Medium High
Density Residential (MHDR) and Preservation (P) (City of Clearwater) for
Property located at 2200 and 2251 Montclair Road (consisting of a portion of the
Southwest of the Northwest of Section 6, Township 29 South, Range 16 East)
together with the abutting rights-of-way, less North Belcher Road, and right-of-
way to the west of the Montclair Road right-of-way: and pass Ordinance 8411-13
on second read ing.(REZ2013-04002)
This Zoning Atlas amendment involves two parcels comprising approximately
23.75 acres in area located on the west side of North Belcher Road between
Sunset Point Road and Montclair Road. This property was annexed into the city
on August 14, 2013 (ANX2013-04007), along with the abutting Sunset Point Road
and Montclair Road rights-of-way, as well as additional Montclair Road right-of-
way to the west of the property. The western parcel (11.23 acres), addressed as
2200 Montclair Road, is owned by David B. and Sharon Webb and contains a
Council 2013-10-16 20
single family home and one building associated with the wholesale plant nursery.
The eastern parcel (12.52 acres), addressed as 2251 Montclair Road, is owned
by Webb's Nursery, Inc., and is currently used as a wholesale plant nursery with
two buildings and planting areas. Both parcels contain preservation land and
portions of Beckett Lake, totaling approximately 7.9 acres.
This rezoning and companion future land use amendment (LUP2013-04002) was
passed on first reading by City Council on July 18, 2013. Ordinance 8411-13 was
amended on first reading to remove the Belcher Road right-of-way (less North
Belcher Road) because after the public hearing notice ran in the newspaper it was
determined the property could not be annexed into the city. In order to ensure that
the ordinance is clear regarding which rights-of-way are being annexed, a motion
to amend is proposed to include a more accurate legal description of the right-of-
way. Additionally, staff is requesting that Council approve a revised Exhibit B
(Zoning Map) which reflects the boundaries of the land to be designated
Preservation (P) based on the approved jurisdictional wetland survey provided for
the eastern parcel (part of the proposed motion to amend on second reading).
The Planning and Development Department has determined that the proposed
future land use map amendment is consistent with the Community Development
Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan and
the Community Development Code;
• The proposed amendment is compatible with the surrounding property and
character of the neighborhood;
• The available uses in the Medium High Density Residential (MHDR) District
and Preservation (P) District are compatible with the surrounding area;
• The proposed amendment will not adversely burden public facilities,
including the traffic-carrying capacities of streets, in an unreasonably or
disproportionate manner; and
• The proposed Medium Density Residential (MDR) District and Preservation
(P) District boundaries are appropriately drawn in regard to location and
classifications of streets, ownership lines, existing improvements and the
natural environment.
The Community Development Board reviewed the application at its public hearing
on June 18, 2013 and unanimously recommended approval of the Zoning Atlas
amendment.
Vice Mayor Paul Gibson moved to approve the Zoning Atlas Amendment from RPD-7.5,
Residential Planned Development (7.5 UPA Max Density) category (Pinellas County) to
Medium High Density Residential (MHDR) and Preservation (P) (City of Clearwater) for
Council 2013-10-16 21
property located at 2200 and 2251 Montclair Road (consisting of a portion of the
Southwest of the Northwest of Section 6, Township 29 South, Range 16 East) together
with the abutting rights-of-way, less North Belcher Road, and right-of-way to the west of
the Montclair Road right-of-way. The motion was duly seconded and carried
unanimously.
Ordinance 8411-13 was presented and read by title only.
Councilmember Bill Jonson moved to amend line 6 of the title to read, "...TOGETHER
WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584, LYING IN THE
EAST '/2 OF THE NE '/4 OF SECTION 01, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
TOGETHER WITH ALL OF THE RIGHT OF WAY OF MONTCLAIR ROAD, C.R. 584,
AND SUNSET POINT ROAD, C.R. 576, LYING IN THE NW '/4 OF SECTION 06,
TOWNSHIP 29 SOUTH, RANGE 16 EAST TONER WITH THE B iTTIN-G
RIGHTS OF WAY, LESS NORTH BELCHER ROAD, AND RIGHT OF WAY TO THE
WEST OF THE MONTCLAIR anon RIGHT OF WAY..." The motion was duly
seconded and carried unanimously.
Councilmember Doreen Hock-DiPolito moved to amend Exhibit B of the Ordinance to
exclude the right-of-way of Belcher Road and to represent the correct Preservation (P)
boundary on the property affected by this ordinance. The motion was duly seconded
and carried unanimously.
Councilmember Jay Polglaze moved to pass Ordinance 8411-13 on second reading, as
amended. The motion was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze
"Nays None
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 8469-13 on second reading, annexing certain real property
whose post office address is 2021 North Betty Lane into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 8469-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8469-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Council 2013-10-16 22
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays None
9.2 Adopt Ordinance 8470-13 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 2021 North Betty Lane, upon
annexation into the City of Clearwater, as Residential Urban (RU).
Ordinance 8470-13 was presented and read by title only. Councilmember Bill Jonson
moved to adopt Ordinance 8470-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays None
9.3 Adopt Ordinance 8471-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 2021 North
Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 8471-13 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to adopt Ordinance 8471-13 on second and final reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays None
9.4 Adopt Ordinance 8478-13 on second reading, amending the Community
Development Code to require new members of the Community Development
Board, the Municipal Code Enforcement Board and the Building/Flood Board of
Adjustment and Appeals to be registered voters.
Ordinance 8478-13 was presented and read by title only. Councilmember Jay Polglaze
moved to adopt Ordinance 8478-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
Council 2013-10-16 23
'Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
9.5 Adopt Ordinance 8480-13 on second reading, rescinding Ordinance 4663-88
and vacating the northerly fifteen (15) feet of an existing sanitary sewer
easement recorded in Official Records Book 3893, Page 138 of the Public
Records of Pinellas County.
Ordinance 8480-13 was presented and read by title only. Vice Mayor Paul Gibson
moved to adopt Ordinance 8480-13 on second and final reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes". Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
10. Consent Agenda — Approved as submitted.
10.1 Recertify Largo Area Housing Development Organization. Inc. and certify Homes
for Independence. Inc. as City of Clearwater Community Housing Development
Organizations and authorize the appropriate officials to execute same. (consent)
10.2 Approve a Community Housing Development Organization Agreement with
Pinellas County Habitat for Humanity Community Housing Development
Organization. Inc. to acquire and develop affordable housing units in the amount
of$120.351, recertify the agency as a City of Clearwater Community Housing
Development Organization, and authorize the appropriate officials to execute
same. (consent)
10.3 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton. WI,
in the amount of$503.752.00, for the purchase of 1 new Pierce Heavy Duty
Velocity Pumper in accordance with Sec. 2.564 (1)(d). Code of Ordinances.
Other governmental bid, and authorize the appropriate officials to execute same.
consent
10.4 Authorize the funding of City medical insurance and authorize the City to
negotiate and finalize a contract between the City and Cigna Healthcare for
administrative services under a partial self-insured funding arrangement for the
Council 2013-10-16 24
period of January 1. 2014 to December 31. 2014 at a total cost not to exceed
$15.8 million, to be funded through city budgeted funds, payroll deduction of
employee premiums, and reserves from the City's Central Insurance Fund.
consent
10.5 Approve a one-year Agreement with Coordinated Child Care and the City of
Clearwater, commencing October 1. 2013 through September 30. 2014, for
funding of youth programs, at a rate of$17.16 per child, per day and authorize
the appropriate officials to execute same. (consent)
10.6 Approve a one-year renewal of Blanket Purchase Order BR 506827 with Grosz
Construction Co.. Inc. of Tampa. FL, in the amount of$200.000 for the purchase
of labor, materials and equipment to perform various concrete projects including
sidewalks, slabs, and curbs for a variety of parks and recreation maintenance
and construction projects. (consent)
10.7 Approve Agreement between the School Board of Pinellas County and the City
of Clearwater through August 23. 2014 for the City to utilize Pinellas County
School buses at a cost of$1.25 per mile plus $26.50 per hour, for a total
estimated cost of$50.000 and authorize the appropriate officials to execute
same. (consent)
10.8 Accept the proposal from Construction Manager at Risk Keystone Excavators.
Inc., of Oldsmar. Florida for the construction of approximately 1570 feet of
gabions in Stevenson's Creek for the guaranteed maximum price of
$1.491.820.00, and authorize the appropriate officials to execute same.
consent
10.9 Approve a purchase order (contract) to Pinellas County Solid Waste in the
amount of$250.000.00 for the disposal of solid waste at the Pinellas County
waste to energy plant/landfill for the period November 1. 2013 through October
31. 2014 as provided in the City's Code of Ordinances. Section 2.564(1)(d).
Services provided by Other Governmental Entities, and authorize the appropriate
officials to execute same. (consent)
10.10 Approve 2014 Council Meeting Schedule
Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
The Council recessed from 10:01 p.m. to 10:07 p.m.
Council 2013-10-16 25
City Manager Reports
11. Other Items on City Manager Reports
11.1 Approve a request from the North American Vehicle Rescue Association
(NAVRA) to add a new City Co-Sponsored event entitled World Rescue
Challenge (WRC) to be held from October 28, 2013 through November 3, 2013
at Coachman Park and the Harborview Center parking lot; waive fees, at an
estimated cost of$33,328.04 ($8,155 of existing budgeted in-kind contributions
and $25,173.04 of unbudgeted in-kind contributions); and transfer $25,173.04
from retained earnings at first quarter to the appropriate departments outlined in
this agenda item. (consent)
According to City Council Policy, Item M, Special Event Fees, there shall be an
annual review of City sponsored/co-sponsored events during the budget process.
An agenda item approving co-sponsorship and level of support for these events
is brought before the City Council at the beginning of the budget process each
fiscal year. In the event additional money is requested beyond what is included
in the approved budget, City Council approval will be needed. NAVRA sponsors
and conducts events that will bring 31 rescue teams (6 - 8 members per team)
and 15 two-person trauma teams from 20 countries to compete and challenge
their skills in freeing trapped victims in mock vehicle accidents.
NAVRA (Special Event Permit 14-011) has requested that the City co-sponsor
this event and provide in-kind costs totaling $33,328.04. Approximately $8,155 of
in-kind services come from waiver of fees and other services already budgeted
for and available for this event. In addition, $25,173.04 is needed to support the
following departments since these funds were not included in the Fiscal Year
2013/14 operating budget.
Fire Department: $4,140.00
Parking: No anticipated fees
Parks and Recreation: $19,252.80
Police Department: $370.64
Risk Management: No anticipated fees
Special Events: $1,409.60
Funding for this event will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of$25,173.04. The balance in
General Fund reserves is approximately $18 million, or 15.7% of the 2013/14
General Fund operating budget.
In response to questions, Event Organizer Dan Zing said the request for city support
was provided to staff in May 2012. Mr. Zing provided copies of the estimated budget
that identified items needing city support. The PODS storage containers were provided
Council 2013-10-16 26
by other municipalities. The estimated local economic impact is $2 million. Mr. Zing
said he was not aware that the City did not have some of the equipment identified in the
proposed budget and would need to rent the equipment.
Councilmember Bill Jonson moved to approve a request from the North American
Vehicle Rescue Association (NAVRA) to add a new City Co-Sponsored event entitled
World Rescue Challenge (WRC) to be held from October 28, 2013 through November
3, 2013 at Coachman Park and the Harborview Center parking lot; waive fees, at an
estimated cost of$33,328.04 ($8,155 of existing budgeted in-kind contributions and
$25,173.04 of unbudgeted in-kind contributions); and transfer $25,173.04 from retained
earnings at first quarter to the appropriate departments outlined in this agenda item.
The motion was duly seconded and carried unanimously.
11.2 Approve a grant of$75,000 in General Fund Reserves to be set aside as a
commitment as the local government contribution that is required for applicants
to participate in the State of Florida's Low Income Housing Tax Credit Program
(LIHTC) to Garden Trail Apartments 2013 LLC (Garden Trail), a proposed 76
unit new affordable family rental housing development to be developed by
Southport Development, Inc.; and authorize the appropriate officials to execute
same. (consent)
On August 28, 2013, the City's Economic Development and Housing Department
released a Request for Applications (RFA) for projects seeking a local
government contribution to apply for the Fiscal Year 2013-14 State of Florida
Low Income Housing Tax Credit Program (LIHTC). The City received five
proposals on September 19, 2013. Four applications were delivered timely and
one application was delivered after the 4:30pm published deadline.
The selection committee, made up of Economic Development and Housing and
Planning and Development staff, met and ranked the applications through its
published ranking process. The ranking criteria and total score spreadsheet is
attached.
The committee ranked the projects in the following order:
1) Garden Trail Apartments, by Southport Development, 76 units-family
(Garden Ave. and Eldridge St.)
2) Prospect Park Apartments, by Atlantic Housing Partners, 95 units-family
(Laura St. and MLK Ave.)
Council 2013-10-16 27
3) Heritage at Cleveland, by NuRock Development Partners, 75 units-elderly
(Cleveland and Madison)
4) Vista City View, by NuRock Development Partners, 60 units-family (Myrtle
and Pierce)
***Prospect Lake Reserve, by Sunshine Development Group, 64 units-family
(MLK Ave. and Pierce St.); Application was disqualified due to not meeting
published deadline.
The top recommended project is Garden Trail Apartments and consists of 76
one, two and three-bedroom units located in five buildings that will serve the
family demographic. Some of the amenities in the project include a swimming
pool, clubhouse, grill area and playground. Resident programs will include after-
school programs for children, employment assistance counseling, and literacy
training. The subject site is located at the northeast and southeast corners of
Garden Avenue and Eldridge Street in the North Greenwood Neighborhood
Revitalization Strategy Area. The proposed development team is Southport
Development, Inc. (Developer), Vaughn Bay Construction, Inc. (Contractor), and
Architectonics Studio (Architect) who has successfully worked together on the
development of more than 10 affordable housing communities over the past 5
years. The estimated total development cost is $11.5 million.
Staff is recommending a funding commitment to Garden Trail as the top-ranked
project using $75,000 from General Fund Reserves and/other Housing Division
funds if available at the time of project award. According to LIHTC program rules,
only one project per Large County will be funded for development through this
tax credit cycle.
Staff does not recommend commitments to the second, third, fourth-ranked and
disqualified projects. While the second-ranked project proposed a mixed-income
and mixed-use project, the breakout of 80% affordable and 20% market rate
does not meet the goal of the CRA to increase family incomes in this area. In
addition, a higher density project that encompassed the entire site is desired. As
proposed, the project only covers approximately half of the site.
The third and fourth-ranked project, and the disqualified project, all proposed only
low-income housing on their sites with no mixed-income components. These
projects did not meet the overarching policy perspective, that a mixed-income
project (both market rate and affordable units) is preferred in the Downtown
Core, Town Lake Business, and Town Lake Residential Character Districts to
Council 2013-10-16 28
create a strong market to support the retail/restaurant, technology workforce, and
event recruitment efforts in the Cleveland Street District (Clearwater Downtown
Redevelopment Plan). Staff would not recommend any incentives to build LIHTC-
type projects at these locations.
The application period for the LIHTC Program for Large Counties
(Duval/Hillsborough/Orange/Pinellas) opened on September 19 with applications
due October 30, 2013. The final board approval is scheduled for December 13,
2013. If no City of Clearwater projects are funded, the commitment for General
Fund Reserves would be released.
As background, the Low Income Housing Tax Credit Program is governed by the
U.S. Department of Treasury under Section 252 of the Tax Reform Act of 1986
and Section 42 of the Internal Revenue Code, as amended. The program was
established to provide for-profit and non-profit organizations with a dollar-for-
dollar reduction in federal tax liability in exchange for the acquisition and
substantial rehabilitation or new construction of low and very low-income rental
housing units (60% of the Area Median Income and below with a set aside for
40% of AMI and below). In this application cycle, the minimum value of
contributions required from a government agency for a Tax Credit Program
application to receive the maximum points is $75,000. It is the City's
understanding that in order to meet this requirement, the local government needs
to make a commitment to each project they are supporting.
The balance in General Fund reserves is approximately $18 million, or 15.7% of
the 2013/14 General Fund operating budget.
Two individuals supported including the submissions for Heritage at Cleveland and
Vista City View. One individual supported the staff's recommendation.
Councilmember Doreen Hock-DiPolito moved to approve a grant of$75,000 in General
Fund Reserves to be set aside as a commitment as the local government contribution
that is required for applicants to participate in the State of Florida's Low Income Housing
Tax Credit Program (LIHTC) to Garden Trail Apartments 2013 LLC (Garden Trail), a
proposed 76-unit new affordable family rental housing development to be developed by
Southport Development, Inc.; and authorize the appropriate officials to execute same.
The motion was duly seconded.
In response to a suggestion, Assistant City Manager Rod Irwin said staff did not
recommend submitting an application for Prospect Park Apartments because it did not
fully utilize the site and had concerns with the proposed business model. Mr. Irwin said
$14 million in tax credit is needed to build Prospect Park Apartments.
Council 2013-10-16 29
Upon the vote being taken, Vice Mayor Gibson and Councilmembers Doreen Hock -
DiPolito and Bill Jonson voted "Aye "; Mayor George Cretekos and Councilmember Jay
Polglaze voted "Nay ".
Motion carried.
Miscellaneous Reports and Items
12. City Manager Verbal Reports — None.
13. Other Council Action
13.1 City Attorney Evaluation
AND
13.2 City Manager Evaluation
Councilmembers gave positive evaluations of the City Attorney and City Manager.
14. Closing Comments by Mayor
Mayor George N. Cretekos reviewed all recent and upcoming events.
15. Adjourn
The meeting adjourned at 11:18 p.m.
ayor
Attest ,` << ;, ity of Clearwater
City Clerk
Council 2013 -10 -16 30