02/03/2014 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
IIII°°°�6biruary
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 listed in agenda order although not
necessarily discussed in that order.
Mayor George N. Cretekos called the meeting to order at 1:00 p.m. at City Hall.
1. Presentations — Given.
1.1 Police Officer Oaths
The City Clerk administered the Oath of Office to Richard James Edmonds, Francisco
Miguel Micheo, Jr., Adam McKendree Wall, and Adrian Phillip Washington.
2. Economic Development and Housing
2.1 Continue to February 20, 2014: Approve the Business Maintenance and
Continued Performance Agreement with MarineMax, Inc., which establishes
certain conditions including capital investment, new mob creation, minimum
annual average wage thresholds for new employees, and other considerations
as required by the City's enactment authority and reflected in Ordinance 8535-
14, and authorize the appropriate officials to execute same. (consent)
On January 16, 2014, City Council will pass on second reading Ordinance 8535-
14 granting for MarineMax, Inc. an Economic Development Ad Valorem Tax
Exemption (ED AVTE) of 50% of the increase in tangible personal taxes for a
period of 5 years beginning in Tax Year 2014 through Tax Year 2018.
In accordance with the City's enactment authority granting ED AVTE, all
businesses approved for ED AVTE must execute a Business Maintenance and
Continued Performance Agreement, which establishes requirements for
maintenance of operations and performance measurements in effect during the
term of the Exemption.
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Performance measurements, including job creation, wage verification, and
evidence of capital investment (including purchases of furniture, fixtures and
equipment) are elements of the agreement and are reviewed annually with
required submittal of an annual report. In addition, the Agreement also includes
conditions for Council revocation should the Company fail to meet the obligations
of the agreement.
Project Overview
Headquartered in Clearwater, MarineMax is the nation's largest recreational boat
and yacht retailer selling new and used recreational boats and related marine
products and services. Currently located at 18167 US Highway 19 North,
MarineMax proposes an expansion and relocation of its Corporate Headquarters
to 2600 McCormick Drive.
The company plans to invest approximately $2.0 million in new furniture, fixtures,
and office and computer equipment and will add 30 new employees over a 3-year
period. Average annual wages of all new positions will exceed $65,000, which is
155% of the Pinellas County Annual Average Wage as published by Enterprise
Florida, Inc. on January 1, 2013.
Economic Development and Housing Assistant Director Denise Sanderson said the
MarineMax has requested the item be continued, as additional time is needed to review
the budget considerations. Assistant City Manager Rod Irwin said MarineMax has
executed a lease agreement.
3. Financial Services
3.1 Approve settlement of the liability claim of Mr. Jameel Zabadi for payment of
$57,500 and authorize the appropriate officials to execute same. (consent)
On September 4, 2013, a City service truck was turning left onto northbound
Hercules Avenue from Gilbert Street. Our driver failed to see the claimant driver
traveling south on Hercules due to another service truck with a trailer (between his
truck and the claimant) obstructing his vision. The front of the City truck hit the
right side of the claimant automobile. The claimant was injured and that is the
basis of his claim.
Mr. Braun's claim can be settled for$57,500.The City's limit of liability as provided
by Section 768.28, Florida Statutes, is $200,000. The City's Risk Management
Division and City's Claims Committee recommend approval of this settlement.
Funding for the payment of this settlement is available in the budget for claims
expense in the Central Insurance Fund.
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4. Marine and Aviation
4.1 Approve renewal of the Clearwater Community Sailing Association (CCSA)
Management Agreement, for five years, for the total sum of$78,000, plus annual
Consumer Price Index (CPI) increases and authorize the appropriate officials to
execute same. (consent)
The current Clearwater Community Sailing Association Management Agreement
expires September 30, 2015. The Clearwater Sailing Center site has been
selected by the US Sailing Association as the host site for the 2016 49er Worlds,
an Olympic Qualifier race deciding who goes to represent the US in Rio for the
Summer Olympics in sailing the 49er class sailing vessel. The current board and
staff of the CCSA have worked hard to upgrade the appearance and operation of
the facility and earned the City the recognition. CCSA would like the opportunity to
be the Sailing Center Operating Manager for the signature sailing event, with
worldwide media coverage.
As US Sailing visited the site and saw the quality of our Physically Challenged
Sailing Programs, CCSA was offered an opportunity to become a US Sailing
Certified Paralympics Training facility for 4 years, commencing January 1, 2014
and running through December 31, 2017. The terms of the training center
partnership require a $146,000 commitment on behalf of CCSA to purchase three
classes of vessel to have on hand and maintain. CCSA is preparing grant and
donation requests to raise the $146,000. CCSA has asked for consideration to get
an extension, at least through 2017, to continue to advance the stature of sailing
in Clearwater, and gain the national and international attention, and media
coverage that this designation would garner.
In response to a question, Marine and Aviation Director Bill Morris said the CCSA will be
paying the City $78,000 to use the facility.
5. Parks and Recreation
5.1 Approve the First Amendment to Revocable License Agreement between the
City and Emerald Coast Bungee, Inc., to clarify language regarding sales tax
provisions and employee background screening, and authorize the appropriate
officials to execute same. (consent)
On June 6, 2013, a Revocable License Agreement between the City and Emerald
Coast Bungee, Inc. (ECB) was approved to provide entertainment concessions at
Pier 60 Park for a guaranteed payment of$52,500 per year.
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Staff is desirous of amending the Agreement to reflect the following clarifications:
1. Section 4 License fee: Amend the agreement by adding language that clearly
states that all applicable sales taxes relating to the flat fee paid to the City be
included on top of the flat fee and not included in the fee.
2. Section 7 Licensee duties and responsibilities (f): The current language in the
agreement simply states that the Licensee will provide appropriate background
screening for all employees in accordance with the law.
Staff believes this needs to be more specific and the amendment adds language
that will require ECB to voluntarily register with the Florida Department of Law
Enforcement to participate in the Volunteer and Employee Criminal History
System (VECHS) for background checks, as authorized by the National Child
Protection Act and Florida Statute 943.0542 (1999), and that ECB agrees to
secure the highest level of background screening available under VECHS. ECB is
in agreement with these changes.
5.2 Declare the 2001 Barber Beach Rake (G2376) and the 2008 John Deere
Tractors (G3549 and G3550), surplus to the needs of the City to be used for
trade in value to purchase a new Barber Beach Rake and Tractors to maintain
Clearwater Beach. (consent)
Staff is recommending that Barber Beach Rake G2376 and Tractors G3549 and
G3550 be declared surplus to the needs of the City since they have outlived their
useful life and cost of repairs and maintenance has risen to a point where new
vehicles are needed to continue the 365-day beach operations. This equipment
has constant breakdowns and in the shop on a regular basis and not available for
consistent use on the beach.
Staff is recommending that the surplus equipment be used for trade in value
rather than selling at auction since the trade in value far exceeds auction price.
Since the trade in value of these vehicles, $14,000 for the Barber Surf Rake and
$26,000 for the tractors, exceeds $5,000, the City Council must declare them
surplus for this purpose. A separate purchasing item will be forthcoming
recommending the replacement of these vehicles.
In response to questions, Parks and Recreation Director Kevin Dunbar said there are
two tractors in the department. The equipment's life expectancy is approximately ten
years due to the corrosive environment. The City rakes the public beach area: north of
the old Adams Mark hotel to Somerset, the area where public parking exists.
5.3 Approve that a Restrictive Covenant be placed upon certain city-owned land,
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requiring that the land and associated improvements, commonly known as Ruth
Eckerd Hall, be used as a cultural facility for ten years from the effective date of
an underlying grant agreement between Ruth Eckerd Hall, Inc. and the State of
Florida, Department of State, Division of Cultural Affairs (FDCA) for the Cultural
Facilities Grant in the amount of$500,000 for the renovation of the Murray
Studio Theatre at Ruth Eckerd Hall, and authorize the appropriate officials to
execute same. (consent)
Ruth Eckerd Hall, Inc. has been awarded a matching grant, in the amount of
$500,000, for the expansion of the Murray Studio at its main campus located at
1111 N McMullen Booth Rd, Clearwater, Florida. The grant is to be used
exclusively by Ruth Eckerd Hall, Inc. (REH) to renovate and expand the Murray
Studio. As the owner of the land upon which the Murray Studio Theatre will be
situated, the State is requiring that the City of Clearwater execute the subject
Restrictive Covenant. The Restrictive Covenant requires that the land and the
associated improvements be used as a cultural facility for a period of ten years
following execution of the grant award agreement, in accordance with Florida
Statute 265.701(4).
If Ruth Eckerd Hall ceases to be a cultural facility, then repayment of the funds will
be required on a decreasing graduated basis as provided for in the Restrictive
Covenant. Further, paragraph 8 of the Restrictive Covenant states that should
repayment be required, and Ruth Eckerd Hall, Inc. fail to repay the funds, that
parties, including the city, agree to a stipulated judgment providing for a valid lien
against the property until such time as the funds are repaid.
5.4 Approve the grant of an Ingress/Egress Easement to Taub Entities, LLC,
providing for pedestrian access over and across certain beach property
westward of 1590 Gulf Blvd., Clearwater, with the recording of said easement
being subject to the City taking fee simple title to the subject property; and
authorize the appropriate officials to execute same. (consent)
Taub Entities, LLC (Taub) is in the process of constructing the Finale, a new
residential development on property located at 1590 Gulf Boulevard, Clearwater.
Chapter 54 of the Clearwater Community Development Code requires that
recreation land impact fees are paid for this type of construction project. Section
54.23 (fees - Determination of Amount) provides that the City Manager or
designee shall determine whether the recreation land impact fee shall be satisfied
by a land dedication, money payment or a combination thereof. Staff has agreed
to accept a parcel of land encompassing undeveloped beach area of
approximately 0.41 acres more or less; to satisfy the recreation land impact fee
requirement of approximately $121,888 (closing on land is scheduled for February
13, 2014). This arrangement includes the conveyance of an Ingress/Egress
Easement from the City to Taub over the parcel. The purpose of the easement is
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for future residents of the Finale to have the perpetual right of pedestrian access
to the beach. This parcel of land is located southwest of Bay Park on Sand Key
and adjacent to the last public access to Sand Key beaches. Bay Park on Sand
Key provides the only public parking for persons wishing to enjoy the south Sand
Key beach area. A small portion of the land received from Taub is eastward of the
coastal construction line and will be used to provide public showers for beach
goers utilizing Bay Park on Sand Key. An additional $4,600 of recreation facility
impact fees will be collected from Taub and used in the construction of the
showers.
In response to questions, Parks and Recreation Director Kevin Dunbar said when
applying for beach renourishment funds, the City must identify a public benefit; the City
has oversized the parking lot and ensured access to the public beach. Mr. Dunbar said
there are bike racks at Bay Park.
6. Police
6.1 Approve the use of the $87,000 from the City of Clearwater's General Fund
Reserves to support the overtime expenses related to Human Trafficking
Investigations. (consent)
The U.S. Department of Justice (DOJ) has identified Florida as one of the top
three locations for human trafficking. The Clearwater/Tampa Bay Area Task Force
on Human Trafficking (CATFHT) has been operational since 2006 with the City
Council's approval. The Clearwater Police Department was awarded a federally
funded grant from the Department of Justice, Bureau of Justice Assistance
(DOJ/BJA).Since 2006, the DOJ has recognized the CATFHT as one of the most
successful in the nation. The DOJ/BJA utilized Clearwater's task force as a
training site for law enforcement and non-governmental organizations (NGOs)
from across the country. The objective was to learn about advanced human
trafficking investigative techniques from our investigators.
The U.S. Department of State facilitated law enforcement and academics from
over 20 foreign countries to meet with the Clearwater Task Force members to
learn successful human trafficking investigative techniques. Some of the
countries that have attended this training with the task force include Thailand,
Saudi Arabia, Russia, Mexico, Lebanon, Afghanistan, Israel, India, and China.
Since the start of the task force, the Clearwater Police Department (CPD) has
conducted hundreds of criminal investigations resulting in 33 confirmed adult
human trafficking victims and 42 confirmed juvenile human trafficking victims.
These long term and complex investigations have resulted in over 161 arrests.
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Since October of 2006, the DOJ/BJA has provided funding for our CATFHT. In
September of 2013, CPD was informed by the DOJ/BJA that the City would not
receive funding for the Human Trafficking Task Force for fiscal year 2013/14.Due
to the significant need for this program to address the Human Trafficking concerns
in this area, CPD is seeking funding of$87,000 from the City of Clearwater's
General Fund Reserves to sustain the current investigative capacity. The Task
Force will continue to investigate active human trafficking cases in the area and
be used exclusively to fund criminal investigations. These funds will be closely
monitored by the Office of the Chief. Special Project 181-99241, Human
Trafficking Overtime, will be established at first quarter to account for the overtime
expenditures. The balance in General Fund reserves is approximately $20.6
million, or 18% of the 2013/14 General Fund operating budget. Inclusive of the
$1.4 million used to fund the current operating budget, a total of$2,210,215 of
General Fund reserves has been used to date to fund expenditures in the 2013/14
operating budget.
In response to a question, Police Chief Anthony Holloway said if the grant funds are not
awarded the Department would include the project in the next budget cycle. The
International Human Trafficking Investigators Conference has been held in Clearwater
Beach the last two years.
7. Engineering
7.1 No item
7.2 Approve the conveyance of a Distribution Easement be granted to Duke Energy
for the installation of electrical facilities to provide service to a production well at
Del Oro Park, to be executed and recorded at such time as the as-built location
of such facilities is available; and authorize the appropriate officials to execute
same. (consent)
Duke Energy (Duke) will be installing facilities to provide electrical service to a
new production well at Del Oro Park. When complete the well will provide raw
water to R.O. Plant 2 (City Project 10-0039-UT). Staff is requesting that Council
approve the easement at this time; however the easement shall not be executed
and recorded until the facilities installation is complete and an as-built diagram
may accurately reflect facilities location as an exhibit to the easement.
7.3 Accept a Drainage and Utilities Easement conveyed by the owner of real
Property located at 619 S. Gulfview Boulevard over a portion of said property.
consent
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Improvements to property located at 619 S Gulfview Boulevard (Shephard's
Beach Resort) were approved by the Community Development Board on
November 17, 2009, under Case No. FLD2008-12033. The project includes
expanding the City's stormwater infrastructure onto a portion of Shephard's
property. The property owner will be responsible for construction costs, as the
expansion will allow its private stormwater facilities to tie into the City's system.
The proposed easement will allow the City to take ownership of facilities that will
improve stormwater conditions on S Gulfview and Bayway Boulevards.
The City's South Gulfview Drainage Improvement Project was done concurrently
with Shephard's project to create efficiencies and to minimize traffic impacts. A
Clearwater Gas line was relocated from the right-of-way to the easement area as
a cost-effective solution to a facility-collocation conflict resulting from the two
projects. The proposed easement will allow the City to operate and maintain the
gas line and to install other utilities as may be necessary.
7.4 Award a construction contract to All American Concrete, Incorporated of Largo,
Florida, for Woodlawn Terrace Floodplain Storage (11-0028-EN) in the amount
of$855,233.60, which is the lowest responsible bid received in accordance with
plans and specifications including $27,400 for alternate bid items; approve
Southwest Florida Water Management District (SWFWMD) Cooperative Funding
Agreement; approve Engineer of Record (EOR) Supplemental Work Order to
King Engineering in the amount of$51,386 for limited Construction Engineering
Services (CES) and authorize the appropriate officials to execute same.
consent
A contract was awarded to Metro Equipment Services in May of 2013 for The
Mall Sanitary Sewer System, and Woodlawn Stormwater Improvements Project.
In addition to installation of a sanitary system, this project included upgrading the
existing storm system to improve drainage.
The improvements to the Storm System required a downstream attenuation area
to mitigate the impacts.
The Woodlawn Terrace Floodplain Storage Project will provide the attenuation
volume required and wetland areas that will improve water quality.
King Engineering has provided design, stormwater modeling, permitting, and bid
services for Woodlawn Terrace Floodplain Storage through previous work orders.
Through this Supplemental Work Order, they shall provide limited Construction
Engineering Inspection services.
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After construction, the Stormwater Maintenance Department shall own, operate
and maintain the Woodlawn Terrace Floodplain Storage stormwater
improvements.
The City applied to the SWFMD and received a grant for $350,000 to be utilized
for this project.
First quarter amendments will establish Capital Improvement Program (CIP)
project 0315-96185, Woodlawn Terrace Floodplain Storage with $350,000 grant
budget only and transfer funding from CIP 0315-96124, Storm Pipe System
Improvements in the amount of$656,619.60, which includes an excess of
$100,000 for unforeseen costs with total funding in the amount of$1,006,619.60.
8. Planning
8.1 Approve a Future Land Use Map amendment from the Residential/Office
General (R/OG) classification to the Commercial General (CG) and
Residential/Office/Retail (R/O/R) classifications and a Zoning Atlas amendment
from the Office (0) District to the Commercial (C) District for property located at
18820, 18830, 18840, 18850, and 18860 US Highway 19 and portion of 18946
US Highway 19 (consisting of a portion of Section 19, Township 29 South,
Range 16 East), and pass Ordinances 8512-14 and 8513-14 on first reading.
(LUP2013-10006 and REZ2013-10006)
This future land use map amendment and rezoning application involves a 7.17-
acre property located on the west side of US Highway 19, north of Nursery Road.
The property is comprised of one 6.21-acre parcel, which contains five single-
story office buildings and a 0.96-acre portion of an adjacent parcel containing self-
storage/warehouse units. This property has a Future Land Use Map classification
of Residential/Office General (R/OG) and zoning designation of Office (0). The
applicant is requesting to amend the Future Land Use Map classification to the
Commercial General (CG) and Residential/Office/Retail (R/O/R) classifications
and the zoning district to the Commercial (C) District.
The applicant owns an existing automotive dealership immediately to the north of
the subject property, and would like to expand the business through the purchase
of the 6.21-acre parcel to the south/southwest (contract pending). The owners of
the parcel wrapping the dealership to the north and west (0.96-acre portion
included in application), which will remain under separate ownership and continue
to operate with a warehouse use, are part of the application to ensure that any
approved changes to the City's Future Land Use Map and Zoning Atlas result in
consistent classifications of the properties in this area. The City's adopted US 19
Corridor Redevelopment Plan envisions areas in-between the major intersections
of US Highway 19 (centers) transforming from strip commercial to a wider range
Work Session 2013-02-03 9
of land uses, including offices and higher density residential development,
recognizing that direct access to these sites has been limited by the US Highway
19 improvements.
The Planning and Development Department has determined that the proposed
Future Land Use Map amendment and Zoning Atlas 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 Commercial (C) District are compatible with uses
in the surrounding area.
• The proposed Commercial (C) District boundaries are appropriately drawn.
In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. The land use map
amendment application is a small-scale amendment so review and approval by
the Florida Department of Economic Opportunity (Division of Community
Planning) is not required.
The Community Development Board will review these applications at its public
hearing on January 21, 2014. The Planning and Development Department will
report its recommendation at the February 6, 2014 City Council meeting.
In response to questions, Planner Lauren Matzke said the lower half of the section is
zoned Residential Office and developed with five single-story offices. The Applicant
does not have any proposed changes to the self-storage warehouse site. Staff has not
received any comments from the adjacent mobile home park. The request went through
the site plan review process to ensure compatibility with the City's Community
Development Code.
8.2 Approve a Future Land Use Map amendment from the Recreation/Open Space
(R/OS) classification to the Institutional (I) classification and a Zoning Atlas
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amendment from the Open Space/Recreation (OS/R) District to the Institutional
(1) District for property located at 2650 Sabal Springs Drive (consisting of a
portion of Section 29. Township 28 South, Range 16 East), and pass Ordinances
8514-14 and 8515-14 on first reading. (LUP2013-08005 and REZ2013-08004)
This future land use map amendment and rezoning application involves a 2.13-
acre property located at the end of Sabal Springs Drive, 0.2 miles west of
Countryside Boulevard. The site, owned by the City of Clearwater, is located
within the existing Countryside Recreation Center property. This property has a
Future Land Use Map classification of Recreation/Open Space (R/OS) and zoning
designation of Open Space/Recreation (OS/R). The applicant is requesting to
amend the Future Land Use Map classification and the zoning district to the
Institutional (1) District.
The subject property is located just east of the existing recreation center building,
and south of the existing property's outdoor recreational facilities. The City
recently selected the subject property as a site for a newly constructed
Countryside Library, and identified that the library would require 2.13 acres (or 10
percent) of the existing recreation center property. Libraries are a governmental
use, which are not a permitted use in the Open Space/Recreation (OS/R) Zoning
classification; therefore an amendment to Institutional (1) is required in order to
build a library to complement the services provided by the recreation center as
well as to provide desirable services to adjacent residential areas. Although no
development plans have been submitted, the application indicated that the library
will be a 22,000 square foot one-story building.
The Planning and Development Department has determined that the proposed
Future Land Use Map amendment and Zoning Atlas 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 Institutional (1) District are compatible with uses in
the surrounding area.
• The proposed Institutional (1) District boundaries are appropriately drawn.
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In accordance with the Countywide Plan Rules, the land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. The land use map
amendment application is a small-scale amendment so review and approval by
the Florida Department of Economic Opportunity (Division of Community
Planning) is not required.
The Community Development Board will review these applications at its public
hearing on January 21, 2014. The Planning and Development Department will
report its recommendation at the February 6, 2014 City Council meeting.
8.3 Provide direction on the proposed Development Agreement between
Marquesas, LLC (the property owner) and the City of Clearwater, providing for
the allocation of up to 93 units from the Hotel Density Reserve under Beach by
Design and confirm a second public hearing in City Council Chambers before
City Council on February 20, 2014 at 6:00 p.m., or as soon thereafter as may be
heard. (HDA2013-12008)
Site Location and Existing Conditions:
The 5.31-acre site is located at the southwest corner of South Gulfview Boulevard
and Gulf Boulevard. The subject property is comprised of one parcel with a
frontage of approximately 600 feet of frontage on South Gulfview Boulevard
(north), 400 feet of frontage on Gulf Boulevard (east) and 700 feet along the
water. The site is vacant. The subject property is zoned Tourist (T) (4.38 acres)
and Open Space/Recreation (OS/R) (0.93 acres) Districts with the corresponding
underlying Future Land Use Plan (FLUP) categories of Resort Facilities High
(RFH) and Preservation (P). The subject property is also located within the South
Beach/Clearwater Pass District of Beach by Design. Please note that with regard
to site area only the portion of the property within the T District is considered and
listed herein.
Access to the site is provided by a pair of two-way driveways along South
Gulfview Boulevard with one driveway near the northwest corner of the site and
the second two-way driveway near the northeast corner of the site (approximately
where South Gulfview Boulevard begins to curve to the south as it intersects with
Gulf Boulevard and the foot of the Sand Key Bridge). The site is currently vacant
with the exception of a small real estate sales office located at the northeast
corner of the site.
The character district 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 property
directly west of this property is developed with an overnight accommodation use.
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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 develop the site with two primary buildings including a 74-
unit resort attached dwelling building and a 208-unit overnight accommodations
building with associated accessory uses included a restaurant, bar, fitness facility
and the like. It should be noted that on April 19, 2005 the Community
Development Board (CDB) approved a Transfer of Development Rights (TDR) of
10 units from 41 Devon Drive and three units from the Sand Pearl project located
generally at 500 Mandalay Avenue (13 dwelling units total), under the provisions
of Section 4-1402 (TDR2005-01017) as associated with applications FLD2005-
01016 and PLT2005-00002. It must be noted that the applicant is using only 12
of these dwelling units as part of the 74 proposed dwelling units because the
amount of dwelling units, which may used as part of a TDR is limited to 20 percent
of the permitted number of dwelling units. As such, for the purposes of
determining the overall intensity of use for the site, only 62 dwelling units are used
(74 less 12 equals 62).
The development is considered a mixed use project due to the mix of residential
and non-residential units. The intensity of use for mixed use projects is
determined by calculating the amount of land area needed for one of the uses and
the applying the remaining land area to the second use. In the case of the subject
development, the development potential is determined by first calculating the
amount of land needed to support 62 dwelling units. In this case, 2.067 acres is
need to support 62 dwelling units given density of 30 units per acre. This area is
subtracted from the overall size of the site (4.38 acres) resulting in 2.313 acres.
This is then multiplied by 50 (the otherwise permitted number of hotel units
permitted per acre) which yields 115 units. This acreage is also multiplied by 90
(the maximum density for properties greater than 2.5 acres pursuant to Beach by
Design) which yields 208 units. Subtracting these two figures (208 less 115)
yields 93, which is the number of units needed from the Reserve. The proposal is
consistent with Beach by Design and the Community Development Code (CDC)
with regard to density.
As mentioned, the current proposal is to develop the site with two primary
buildings including a 74-unit resort attached dwelling building (including 12 units
transferred to the site previously) and a 208-unit overnight accommodations
building with associated accessory uses included a restaurant, bar, fitness facility
and the like, including the allocation of up to 93 rooms from the Hotel Density
Reserve. The Overnight Accommodation and Resort Attached Dwelling building
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will be 150 feet (from Base Flood Elevation) to flat roof(15 stories) with an
additional 13 feet for mechanical equipment and architectural details. A parking
garage containing 265 spaces serving the Overnight Accommodation use will be
just over 73 feet with an additional 13 feet for mechanical equipment and
architectural details. An additional 50 spaces are accommodated within structured
parking associated with the Resort Attached Dwelling building. Finally, 97 spaces
are provided with surface parking throughout the site. 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 Tables 2-802 and 803, the
minimum lot area for Mixed Uses is between 5,000 and 10,000 square feet. The
subject property is 190,923 square feet in area. Pursuant to the same Table, the
minimum lot width for Mixed Uses can range between 50 and 100 feet. The lot
width of this site along South Gulfview Boulevard is approximately 600 feet. The
proposal is consistent with these Code provisions.
Minimum Setbacks: The conceptual site plan depicts a front (north) setback of
15 feet to parking garage, 95 feet to Overnight Accommodation use and five feet
to parking, a front (east) setback of 85 feet to Resort Attached Dwelling and zero
feet to paved parking and covered parking structure, a side (west) setback of 17
feet to building (parking garage) and side (south) setback of 25 feet to parking
garage, 51 feet to Overnight Accommodation use, 20 feet to Resort Attached
Dwelling use, zero feet to patio, seven feet to pool and 12 feet to parking. The
proposed setbacks may be approved as part of a Level One Flexible Standard
Development application, subject to meeting the applicable flexibility criteria of the
Community Development Code (CDC) and notwithstanding other development
parameters such as height.
Maximum Height: Pursuant to the Clearwater Pass District Character District
standards of Beach by Design and that the owners are requesting up to 93 hotel
rooms from the Hotel Density Reserve, the maximum height of the hotel can be
up to 150 feet provided that there are no more than four buildings above 100 feet
in height within 800 feet of the proposed building. The applicant has proposed a
building 150 feet (from Base Flood Elevation) to flat roof (15 stories) with an
additional 13 feet for mechanical equipment and architectural details. Buildings
less than 100 feet in height may be located without limitation although any height
above 100 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.
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Minimum Off-Street Parking: The 208-room Overnight Accommodation use
requires a minimum of 250 off-street parking spaces and the 74-unit Resort
Attached Dwelling use requires a minimum of 111 spaces. A total of 361 spaces
are required where 421 spaces are provided. The conceptual site plan includes a
parking garage containing 265 spaces serving the Overnight Accommodation use,
50 spaces within structured parking associated with the Resort Attached Dwelling
building and 97 spaces provided via surface parking throughout the site. 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 five and 15 feet in width will be
provided along the street-facing facades of all buildings. In addition, landscape
buffers generally five feet in width will be provided along most of the frontage of
the site along South Gulfview Boulevard and Gulf Boulevard. A portion of the
parking lot along the east side of the site approximately 100 feet in length has a
setback of zero feet. A Comprehensive Landscape Program application will be
required to address this however this reduction in buffer width appears reasonable
given that this area is adjacent to the bridge embankment and a landscape buffer
in this area would not serve any practicable purpose. Generally, the proposed
landscape areas meet or exceed what is otherwise required. As noted, however,
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
Plan and furthers the vision of beach redevelopment set forth in Beach by Design.
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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 93 units from the Hotel Density Reserve
or a maximum density of 90 units per acre;
• 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 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.
In response to questions, Planner Mark Parry said the Applicant understands there is a
no kitchenette requirement. Mr. Parry said uses are determined by acreage and staff
determined how much land would be required to support the use, subtracted that
amount of land from the portion of the site zoned Tourist, and multiplied that acreage by
the allowed density units per acre; the difference between the computation and the
number the Applicant wanted was 93 units. Fifteen percent of the floor area can be an
accessory use; the restaurant is considered an accessory use. The floor plans do not
show convention space.
9. Official Records and Legislative Services
9.1 Encourage local retailers who sell tobacco products to cease the sale and
marketing of flavored tobacco products within the City of Clearwater and adopt
Work Session 2013-02-03 16
Resolution 14-07.
At the January 16, 2014 council meeting, the Students Working Against Tobacco
presented information regarding the dangers associated with tobacco exposure
and their efforts to cease the marketing and promotion of tobacco products to
youth.
Council directed staff to draft a resolution urging local tobacco retailers to stop the
sale and marketing of flavored tobacco products within the City of Clearwater.
In response to a question, the City Attorney said the City cannot ban the sale of tobacco
products as the City is preempted by the State.
Staff was directed to provide a copy of the resolution to State legislative
representatives.
10. Legal
10.1 Continue Second Reading of Ordinance 8512-14 to February 20, 2014.
(LU P2013-10006/REZ2013-10006)
10.2 Continue Second Reading of Ordinance 8513-14 to February 20, 2014.
(LU P2013-10006/REZ2013-10006)
10.3 Continue Second Reading of Ordinance 8514-14 to February 20, 2014.
(LU P2013-08005/REZ2013-08004)
10.4 Continue Second Reading of Ordinance 8515-14 to February 20, 2014.
(LU P2013-08005/REZ2013-08004)
10.5 Continue Second Reading of Ordinance 8535-14 to February 20, 2014:
Approving for MarineMax, Inc. an exemption from certain ad valorem taxation.
10.6 Adopt Ordinance 8527-14 on second reading, annexing certain real property
whose post office address is 1944 Macomber Avenue, together with all abutting
right-of-way of Macomber Avenue, into the corporate limits of the city and
redefining the boundary lines of the city to include said addition.
10.7 Adopt Ordinance 8528-14 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 1944 Macomber Avenue,
Work Session 2013-02-03 17
together with all abutting right-of-way of Macomber Avenue, upon annexation
into the City of Clearwater, as Residential Urban (RU).
10.8 Adopt Ordinance 8529-14 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1944 Macomber
Avenue, together with all abutting right-of-way of Macomber Avenue, upon
annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR).
10.9 Adopt Ordinance 8530-14 on second reading, annexing certain real property
whose post office addresses are 1819 Carlton Drive, 2743/2745 South Drive,
2751/2753 South Drive, 2718 Woodring Drive, 2715 Woodring Drive, 1801
Skyland Drive, 1881 Diane Drive, 2719 Morningside Drive, 2725 Morningside
Drive, 1761 Owen Drive, 1753 Lucas Drive and 1750 Evans Drive, together with
certain abutting rights-of-way of Morningside Drive, Woodring Drive, Diane Drive,
South Drive and Evans Drive, into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
10.10 Adopt Ordinance 8531-14 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 addresses are 1819 Carlton Drive,
2743/2745 South Drive, 2751/2753 South Drive, 2718 Woodring Drive, 2715
Woodring Drive, 1801 Skyland Drive, 1881 Diane Drive, 2719 Morningside Drive,
2725 Morningside Drive, 1761 Owen Drive, 1753 Lucas Drive and 1750 Evans
Drive, together with certain abutting rights-of-way of Morningside Drive,
Woodring Drive, Diane Drive, South Drive and Evans Drive, upon annexation
into the City of Clearwater, as Residential Low (RL), Residential Medium (RM),
Preservation (P), and Drainage Feature Overlay.
10.11 Adopt Ordinance 8532-14 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office addresses are 1819
Carlton Drive, 2743/2745 South Drive, 2751/2753 South Drive, 2718 Woodring
Drive, 2715 Woodring Drive, 1801 Skyland Drive, 1881 Diane Drive, 2719
Morningside Drive, 2725 Morningside Drive, 1761 Owen Drive, 1753 Lucas Drive
and 1750 Evans Drive, together with certain abutting rights-of-way of
Morningside Drive, Woodring Drive, Diane Drive, South Drive and Evans Drive,
upon annexation into the City of Clearwater, as Low Medium Density Residential
(LMDR) Medium Density Residential (MDR), and Preservation (P).
11. City Manager Verbal Reports
11.1 Pinellas County Water Supply Upgrade
Work Session 2013-02-03 18
The City Manager said Pinellas County has scheduled construction to upgrade part of
the public water supply system, which will require a shutdown of the main pipeline
providing water to Pinellas County. The construction was expected to take 10 days to
complete and was tentatively scheduled to begin in early February. The project has
been delayed and the County has not identified when the project will commence.
12. Closing Comments by Mayor— None.
13. Adjourn
The meeting adjourned at 1:56 p.m.
Work Session 2013-02-03 19